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HomeMy WebLinkAbout0000 DANVERS WAY ��NU�3 C� � -- ��� CG�e��c .��� t�u.�.� __ _ y ;E � � � � � � � � ��i � � �;� �.� � � � SJ �� � - �j �. 6 �M �� M- - r. ft`!41 , t. . - mom .01 i 44 t Y At , _ - � .-t:. "` '� ��,, '� ter•-�e+� .� � ... ��,. �.T .. ,++�,. ,Jc. ;�••.� �-*^' wa'�;'�"�ii�� t T�ra��k =�"""�„ +•� •�"�, `�&"'f tom, - �i^t"a'��:,,, •. r ' - aa. j -- - _ ♦:3 a � r, �t.w i..,. .�.. ��rY,� y R ,` +••`�,���,.�` -����vr•P� �.: ".��!" -r- •"�,...,'•���s•.4`1.rp�,p�.,p„r ��.,,e.� - }.a + `� .•t y.�r�, ��.-, ''� -c- "'' .r ems. ��_rT��� d.'x's� a. r,." '....z 1 ylp� �� •. -r•� T foe a _ • qp—. � •.... .� �.. _' - .+ . � :,`�at'1`: .,_ �:, .`' .,ram Yard' � ,.or 'L. 1.ti 'ac' •,�"r. , • S.' ` r � 5 Z dip r F4nt � •ice �3� � ��i ;��j+��� AII I IN lk F„v I,i f" 3/4/04 Danvers Way, Hyannis Wrap MgOLM iw 1 q 13132 7 .try t".- T IPA , �Aga -potl .;.;,• ,», - ,- � -�� ,IrT—•�?�.,. .,y,.T �y� " �fix` - ,�•{e''.+a�:. - .•«.fie• _- � s, +,._�- _ _ yy- _ '4h — ,r sw, r �• .: ',attrs.l, �,,,: ,.•r•ya.,,.l.; -77 .� -�, Xi- - .. - ...- ;s.S �`' -w �"'•5" .Ap(�N•up�'s, i�,.tiY ''y,_,. _�X: � �l - n- .Ao- y. * •�•, � � „yam,•. s -- + t I HABITAT FOR HUMANITY OF CAPE COD 657 ROUTE 28 W. YARMOUTH, MA 02673 • 508-775-3559 • FAX: 508-775-8121 www.habitatcapecod.org August 25, 2005 To: Laura Shufelt, Chair, Barnstable Housing Authority Art Traczyk, Principal Planner Ruth Weil, Attorney Bob Burgmann, Town Engineer ✓Tom Perry, Building Commissioner Dear Friends, Each year we honor one non-profit or public agency or Town,with the"Habitat Partner Award, " to recognize exceptional contributions that further our work in building simple decent homes in partnership with those in need. 1 This year, as we discussed this award,our focus turned to some of the individual staff, board and committee volunteers of the Town of Barnstable who worked with us in a true spirit of cooperation towards a common goal, helping us to overcome technical problems, reach deadlines, create a higher quality living environment. I am pleased to advise you that "staff and volunteers of the Town of Barnstable"will be honored at our Annual Meeting for your special contributions during the several years of planning and development of the 16 affordable home neighborhood attDDanvers•Way. We are hoping that Laura Shufelt, as representative of the Town's Affordable Housing Authority, would be able to accept this award on behalf of all. Ruth Weil, Art Tracyk and various members of the planning, engineering and building departments were among those given particular mention, who worked with us at various critical junctures and helped so much to keep this project moving forward on the best path possible. We hope that you all will be able to attend, and will also extend this invitation to others on your(or other) committees or staff who also assisted-in some way. It is inevitable,with a group award like this, we will neglect to name someone we should, but we hope that people who work or volunteer on behalf of the Town will understand that it is our intent to honor all who give their time and expertise to improve the quality of life of local citizen's—particularly those in need of decent, affordable.housing. SHARING THE BEST IN OURSELVES WITH EACH OTHER Habitat for Humanity of Cape Cod is a 501(c),.non profit organization. - 2 - The Annual Meeting will be held at 6:00 p.m. Friday, September 16 at the Council on Aging, 528 Forest Rd., Yarmouth. We begin with a potluck supper; so plan on some good food and fellowship. As guests, naturally you are not expected to contribute to the dinner! This event is open to the public; friends and family are welcome. Please RSVP to let us know who we will be introducing as representatives of the Town, and so we can estimate the number of tables and place settings. Sincere , ictoria Gold th Executive Director Cc: John Klimm, Town Manager 02/17/2005 THU 13: 40 FAX 5088624711 U001/001 yy,• •„T^ .ya. r,e,-...,. il.tihll,!,a�I4 a�71 ''I111�n'�11 �Ir ',.t .e,r %ry�,n"•r law,.,rr:,,pe ,r I •'w+ If', tlr 2 1 Y,� 1:7"f'a�liGlG. `V��'?'r° +�'.r?1, f ,tC f.,,".�d.�P- ;Sh'e:�', 111 ��CI+'i.��/�G'�fi,�;i'•�'.'/•f tr,,;{i,•�l ..ij{!I'i 1111pNd'��t;'��I Gre�it'�4P'r9;�•F lli. �R'IF��Ui��.Yt '.t+llr lrf?Iip�iT II fr I I hFg�" 11•Stl,.. a .;�Y 'F'��hOWll Af��j{8f����6 1 :r.'t'',�jl Jr?I.,'i.'l }{(^'ilr5.�II.r..✓r.. i,Q. pti ,,,J I ��. !ftifilT'1 r�:��lN"+?rr�. r"• I�,I�,k�v�1 !�, V iiY;y rlfl•rq l%;1 n 4.�,IG , ¢hi�,,,� 3� , IIu�eP;a.I' J '-�IJ'}fJ a �,.j t I LLY�K�;� t kt Y1%t� I '.•9. 3. t.l.,. .�, .I ,I✓ 'y'}R' VI N uc�sAJ(p! idl �•t�X nA'.� y,4N P :�biM1r,'�i-^f!�4 hYl d•., t�!II. ,9 �i IIB' k' .9. �1ai,?.r fi,�! 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Please Contact the Assessors Office at 508-862-4022 Disclaimer Actual Fiscal Year 2005 Values G Search By Map Parcel Number Search By Owner Name C) Search By Property Address Street Number(optional) DANV _ !Street Name Search Addr s' Scroll Down For Search Results Enter Street Number and Name or Just Street Name. Leave out Street Name Suffix(e.g."Main"not"Main Street") 't e OE r, c .ca ; z ' t 271040001 HABITAT FOR HUMANITY CC INC 41 DANVERS WAY L 2 ,27=1040002 HABITAT FOR'HUMANITYsCC INCI n>6 tDANUERS,WAY 271040003 HABITAT FOR HUMANITY CC INC= 141 DANVERS WAY j,��� 271040004 HABITAT FOR�HUMAN'IT,Y GC INC 16`DANV.ERS WAY Ulu 271040005 HABITAT FOR HUMANITY CC INC 24!DANVERS WAY 3 i27164'6066 HABITAT'wFOR!HtiMANITYCCINC ', t } 26 DANVERS.UVAY - � 271040007 HABITAT FOR HUMANITY CC INC 34 DANVERS WAY \ - 271040008 HABITAT,rFOR,HUMANITY CC,INC �1 �;. 3,6 DANVERS . H 271040009 j HABITAT FOR HUMANITY CC INC 44 DANVERS WAY 271040010 HABITATrFOR HUMANITY GC;INC ,, 46 DANVERS-WAY` 271040011 HABITAT FOR HUMANITY CC INC 1 541 DANVERS WAY /� 27,1040012 HABITAT FOR`HUMANITY4CC.lNCW ter' 56 DANVERS WAY' !ll } 1 271040013 HABITAT FOR HUMANITY CC INC 72#DANVERS WAY L(/ '271040014' HABITATFORHUMANITY CC�� 74 DANVERS /�/j��--� 2710400151 HABITAT FOR HUMANITY CC INC 78 DANVERS WAY J 271040016 HABITAT FOR HUMANITY CGINC r 80 DANVERS WAYSfl http://www.town.bamstable.ma.us/tob02/dnetO5/AssessingDNet/AssessBegin.aspx 2/17/2005 Larned, Nancy From: Traczyk, Art Sent: Friday, March 05, 2004 10:22 AM To: Burgmann, Bob; Perry, Tom; Mattos, David Cc: Broadrick, Tom; Weil, Ruth; Lamed, Nancy; Giangregorio, Robin Subject: Habitat Danvers Way-securities/landscaping Folks: Just to let you know that Don Dickerson has discussed with me his concerns for completion of the landscapes/walks es/walks for Y p p the units on Danvers Way. The timing is early for planting and the Board did imposed Condition No. 1 -that the units are to be landscaped as per plans: • Ll - Landscape Plan-Buildings 1-3,Scaled 1"=10' • L2- Landscape Plan-Buildings 4-6,Scaled 1"=10' • Ll - Landscape Plan-Buildings 7-8,Scaled 1"=10' Given the situation, the Board also has a provision as cited in Condition 10 that provides for securities to assure completion. You may want to use this provision to assure the landscape and/or other items that may have problems due to the season or timing. That decision is up to you. • Any need for securities and inspections necessary to assure the completion to development standards for the sewer system,water delivery system,underground utilities the roadways and subdivision maybe set by the Department of Public Works in accordance with the requirements set forth in the Subdivision Rules and Regulations of the Town of Barnstable,Planning Board. In particular,the applicant shall provide security in a form and amount acceptable to the Town Engineer and the Town Attorney to assure that any on-site work initiated will be taken to completion and that adequate security exists to assure that the site will be restored to a natural and safe condition in the event that construction should halt. If you should have any concerns or need added information please let me know. art 1 I Larned, Nancy From: Weil, Ruth Sent: Sunday, March 07, 2004 4:10 PM To: Traczyk,Art; Burgmann, Bob; Perry, Tom; Mattos, David; Etsten, Jackie; Smith, Robert Cc: Broadrick, Tom; Larned, Nancy; Giangregorio, Robin Subject: RE: Habitat Danvers Way-securities/landscaping Dear Art: Please check with Jackie Etsten and Bob Burgmann. After considerable work, there was a bond obtained to secure some of the work, but I am unclear as to its scope. Ruth -----Original Message----- From: Traczyk,Art Sent: Friday, March 05, 2004 10:22 AM To: Burgmann, Bob; Perry,Tom; Mattos, David Cc: Broadrick,Tom;Weil, Ruth; Larned,Nancy;Giangregorio, Robin Subject: Habitat Danvers Way-securities/landscaping Folks: Just to let you know that Don Dickerson has discussed with me his concerns for completion of the landscapes/walks for the units on Danvers Way. The timing is early for planting and the Board did imposed Condition No. 1 -that the units are to be landscaped as per plans: • Ll - Landscape Plan- Buildings 1-3,Scaled 1"=10' • L2- Landscape Plan- Buildings 4-6,Scaled 1"=10' • Ll - Landscape Plan- Buildings 7-8,Scaled 1"=10' Given the situation, the Board also has a provision as cited in Condition 10 that provides for securities to assure completion. You may want to use this provision to assure the landscape,and/or other items that may have problems due to the season or timing. That decision is up to you. • Any need for securities and inspections necessary to assure the completion to development standards for the sewer system,water delivery system,underground utilities the roadways and subdivision maybe set by the Department of Public Works in accordance with the requirements set forth in the Subdivision Rules and Regulations of the Town of Barnstable,Planning Board. In particular,the applicant shall provide security in a form and amount acceptable to the Town Engineer and the Town Attorney to assure that any on-site work initiated will be taken to completion and that adequate security exists to assure that the site will be restored to a natural and safe condition in the event that construction should halt. If you should have any concerns or need added information please let me know. art 1 Larned, Nancy From: Burgmann, Bob Sent: Monday, March 08, 2004 8:34 AM To: Weil, Ruth; Traczyk, Art; Perry, Tom; Mattos, David; Etsten, Jackie; Smith, Robert Cc: Broadrick, Tom; Larned, Nancy; Giangregorio, Robin Subject: RE: Habitat Danvers Way- securities/landscaping I am not aware of the bond or what is intended to cover. I will look at the condition of the road work. We have some concerns about how information is shown on the sewer as builts, but that is not an issue. Engineering is usually not involved with landscaping. I would defer to the Building Department to handle that situation the same way they would deal with an individual home. -----Original Message----- From: Weil, Ruth Sent: Sunday, March 07, 2004 4:10 PM To: Traczyk,Art; Burgmann,Bob; Perry,Tom; Mattos, David; Etsten,Jackie; Smith, Robert Cc: Broadrick,Tom; Larned, Nancy;Giangregorio, Robin Subject: RE: Habitat Danvers Way-securities/landscaping Dear Art: Please check with Jackie Etsten and Bob Burgmann. After considerable work, there was a bond obtained to secure some of the work, but I am unclear as to its scope. Ruth -----Original Message----- From: Traczyk,Art Sent: Friday, March 05,2004 10:22 AM To: Burgmann,Bob; Perry,Tom; Mattos, David Cc: Broadrick,Tom;Weil, Ruth; Larned,Nancy; Giangregorio,Robin Subject: Habitat Danvers Way-securities/landscaping Folks: Just to let you know that Don Dickerson has discussed with me his concerns for completion of the landscapes/walks for the units on Danvers Way. The timing is early for planting and the Board did imposed Condition No. 1 -that the units are to be landscaped as per plans: • L1 - Landscape Plan- Buildings 1-3,Scaled 1"=10' • L2- Landscape Plan- Buildings 4-6,Scaled 1"=10' • L1 - Landscape Plan-Buildings 7-8,Scaled 1"=10' Given the situation, the Board also has a provision as cited in Condition 10 that provides for securities to assure completion. You may want to use this provision to assure the landscape and/or other items that may have problems due to the season or timing. That decision is up to you. • Any need for securities and inspections necessary to assure the completion to development standards for the sewer system,water delivery system,underground utilities the roadways and subdivision maybe set by the Department of Public Works in accordance with the requirements set forth in the Subdivision Rules and Regulations of the Town of Barnstable,Planning Board. In particular,the applicant shall provide security in a form and amount acceptable to the Town Engineer and the Town Attorney to assure that any on-site work initiated will be taken to completion and that adequate security exists to assure that the site will be restored to a natural and safe condition in the event that construction should halt. If you should have any concerns or need added information please let me know. art . 1 Larned, Nancy From: Etsten, Jackie Sent: Monday, March 08, 2004 9:12 AM To: Weil, Ruth; Traczyk,Art; Burgmann, Bob; Perry, Tom; Mattos, David; Smith, Robert Cc: Broadrick, Tom; Larned, Nancy; Giangregorio, Robin Subject: RE: Habitat Danvers Way-securities/landscaping A bond was accepted by the town covering the construction of the road and installation of utilities including sewer; it does not cover landscaping on lots, only work within the right of way. A copy was made available to the ZBA and is in the Habitat file. -----Original Message----- From: Weil, Ruth Sent: Sunday, March 07, 2004 4:10 PM To: Traczyk,Art; Burgmann, Bob; Perry,Tom; Mattos, David; Etsten,Jackie; Smith, Robert Cc: Broadrick,Tom; Larned, Nancy;Giangregorio, Robin Subject: RE: Habitat Danvers Way-securities/landscaping Dear Art: Please check with Jackie Etsten and Bob Burgmann. After considerable work, there was a bond obtained to secure some of the work, but I am unclear as to its scope. Ruth -----Original Message----- From: Traczyk,Art Sent: Friday, March 05, 2004 10:22 AM To: Burgmann, Bob; Perry,Tom; Mattos,David Cc: Broadrick,Tom;Weil,Ruth; Larned, Nancy;Giangregorio, Robin Subject: Habitat Danvers Way-securities/landscaping Folks: Just to let you know that Don Dickerson has discussed with me his concerns for completion of the landscapes/walks for the units on Danvers Way. The timing is early for planting and the Board did imposed Condition No. 1 -that the units are to be landscaped as per plans: • Ll - Landscape Plan- Buildings 1-3,Scaled 1"=10' • L2- Landscape Plan- Buildings 4-6,Scaled 1"=10' • Ll - Landscape Plan-Buildings 7-8,Scaled 1"=10' Given the situation, the Board also has a provision as cited in Condition 10 that provides for securities to assure completion. You may want to use this provision to assure the landscape and/or other items that may have problems due to the season or timing. That decision is up to you. • Any need for securities and inspections necessary to assure the completion to development standards for the sewer system,water delivery system,underground utilities the roadways and subdivision maybe set by the Department of Public Works in accordance with the requirements set forth in the Subdivision Rules and Regulations of the Town of Barnstable,Planning Board. In particular,the applicant shall provide security in a form and amount acceptable to the Town Engineer and the Town Attorney to assure that any on-site work initiated will be taken to completion and that adequate security exists to assure that the site will be restored to a natural and safe condition in the event that construction should halt. If you should have any concerns or need added information please let me know. art 1 tl , HABITAT FOR HUMANITY OF CAPE COD 657 Route 28 • 508-775-3559 • FAX: 508-775-8121 W. YARMOUTH, MA 02673 March 3, 2004 Ms.Nancy Lamed Building Department Town of Barnstable 200 Main Street Hyannis, MA 02601 Dear Ms. Lamed: Attached for your interest and records are the following documents: 1. A copy of the recorded Regulatorygreement and Declaration of Restrictive Covenants between Habitat and the Town of Barnstable. Complete with Exhibits B-1, and B-2,the two variations of the Affordable Housing Restriction, one for parcels 1 —4 and 11 — 16 and the other for parcels 5 — 10. 2. A copy of the Monitoring Service Agreement Exhibit C between Habitat,the Town of Barnstable and the Barnstable Housing Authority. Should you have questions regarding these documents, please call me at(508) 833-8324. Again, thank you for your substantial help. truly y onald . is ' son Att. Cc: Vicki Goldsmith SHARING .THE BEST IN OURSELVES WITH EACH OTHER Habitat for Humanity of Cape Cod is a 50.1(c), non profit organization. EXHIBIT «A„ The land in Barnstable (Hyannis), County of Barnstable, and Commonwealth of Massachusetts, together with any buildings thereon, located on Danvers Way and more particularly described as . follows: Lots 1, 2A, 3A, 4A, 5A, 6, 7 and 8 as shown a plan titled "Revised Plan of Land Barnstable (Hyannis), MA." for Theo Construction Co , Inc., prepared by Arrow Engineering Inc., 60 East Falmouth Highway, East Falmouth, MA 02536, dated Sept. 24, 1984, recorded with Barnstable Registry of Deeds in Plan Book 401, Page 45. r EXHIBIT "B-1" AFFORDABLE HOUSING RESTRICTION to be recorded as a Restriction Rider to the Deed from Habitat.for Humanity of Cape Cod, Inc. ("Habitat") to , ("Grantee") dated 2003. WITNESSETH: WHEREAS, the Town of Barnstable ("Municipality") has agreed to provide Habitat for Humanity of Cape Cod, Inc. ("Habitat") with funding through its Community Development Block Grant (CDBG) program to assist in the development of a 16 home affordable housing development and has determined that the rights and restrictions granted herein to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the restricting of the rental and resale price of property in. order to assure its affordability by future low and moderate income purchasers; and WHEREAS, pursuant to M.G.L. c 40B §§ 20-23, Habitat has undertaken to make application to the Board of Appeals of the Municipality for a Comprehensive Permit pursuant to the Act wherein all sixteen (16) units will be affordable units; WHEREAS, Habitat for Humanity of Cape Cod, Inc. ("Habitat") has been granted a Comprehensive Permit with Conditions from the Board of Appeals of the Municipality dated January 31, 2003; WHEREAS, ten (10) of the units shall be affordable to first time homebuyers whose maximum annual income is not more than 60% of the area median income. The other six (6) units shall be affordable to first time homebuyers whose maximum annual income is not more than 80% of the area median income. The units shall be affordable as defined:above in perpetuity and subject to a deed restriction requiring the dwellings be owned and occupied by low or moderate income persons. Each unit shall be set-aside in perpetuity for the public purpose of providing safe and decent housing to persons of low and moderate income. Each unit shall be deemed to be impressed with a public trust; WHEREAS, the National Affordable Housing Act of 1990 has authorized the Home Investment Partnerships Act (hereinafter"HOME Program") to provide financial assistance through the U.S. Department of Housing and Urban Development (hereinafter"HUD"), to local governments for increasing the supply of affordable housing; Exhibit T-1" Affordable Housing Restriction Habitat/Grantee/HOME i Page 2of17 WHEREAS, HUD has promulgated regulations, notices, and requirements as now or hereafter in effect, allowing units of general local government, to form a ' consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Program; WHEREAS, the Barnstable County HOME Consortium (the "Consortium"), consisting of the fifteen towns comprising Barnstable County and Barnstable County was formed to receive HOME funds; WHEREAS, Barnstable County (the "County"), a duly organized and existing unit of government acting by and through its Cape Cod Commission (the "Commission", hereinafter use of the term the "Commission" shall mean the Commission and/or County; as applicable) serves as the lead entity for the Consortium and in this capacity administers the HOME funds; WHEREAS, the Commission has agreed to provide.Habitat with funding through its HOME program to assist in the above-referenced development. WHEREAS, the rights and restrictions granted herein to Habitat, to the Municipality, and to the Commission serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the Restriction of the resale price of property in order to assure its affordability by future low and moderate income purchasers; WHEREAS, HUD periodically publishes median income statistics for the BarnstableNarmouth Statistical Area ("the area median income"), which are utilized as the basis for defining low and moderate income; WHEREAS, Habitat and the Grantee are participating in the CDBG Program and the HOME Program and pursuant to the Comprehensive Permit, Habitat has undertaken to build a housing unit on each parcel of land, and in accordance with tahte CDBG Program and the HOME Program, Habitat is conveying the parcel located with a housing unit thereon (the "Property"), more particularly described in the Deed to the Grantee.at a consideration which is less than the fair market value of the Property; WHEREAS,.pursuant to the.CDBG Program and the HOME Program, eligible purchasers such as the Grantee are given the opportunity to purchase certain property below the property's appraised fair market value if the purchaser agrees to convey the property on resale to an eligible purchaser located by Habitat,.the Municipality, or the Commission, or to convey the property on resale directly to Habitat, to the Municipality, or to the Commission, for a "Maximum Resale Price"; [also see §3(d) below.] Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 3 of 17 WHEREAS, the "Maximum Resale Price" is intended to insure affordability of the property to a household at 60% area median income; WHEREAS, the "Maximum Resale Price" shall be determined by multiplying the Barnstable County median family income most recently published prior to the resale by the "Maximum Resale Price Multiplier" as defined herein. The Maximum Resale Price Multiplier shall be a number derived by dividing-the original sales price of the property from Habitat to the Grantee by said median income. [For example, if the original sales price of a three-bedroom affordable unit is $65,000.00, and the area median family income at the time of the original sale is $56,500.00, the Maximum. Resale Price Multiplier shall be 1.15. The Maximum Resale Price shall be derived by multiplying the Maximum Resale Price Multiplier (1.15) by the most recently published area median income.] WHEREAS, a "Maximum Resale Price Multiplier" equal to is hereby assigned to be used in determining the "Maximum Resale Price" of the Property; NOW THEREFORE, as further consideration from the Grantee to Habitat, the Municipality and the Commission for the conveyance of the Property at a discount in . . accordance with the CDBG Program and the HOME Program, the Grantee, his heirs, successors and assigns, hereby agrees that the Property shall be subject in perpetuity to the following.rights and restrictions which are hereby imposed for the benefit of, and shall be enforceable by, Habitat, or its successors, assignees, agents or designees; by the Municipality, acting by and through its Chief Elected Official, or its successors, assignees, agents, or designees; and by the Commission, or its successors, assigns, agents and designees: 1. Right of First Refusal: (a) When the Grantee, or any successor in title to the Grantee, shall desire to sell, dispose of, or otherwise convey the Property, or any portion or interest thereof, the Grantee shall notify Habitat, the Municipality and the Commission in writing of the Grantee's intention to so convey the property ("Grantee's Notice")., Within thirty (30) days of the receipt of the Notice from the Grantee, Habitat shall notify the Grantee in writing (with a copy to the Municipality and the Commission) as to whether Habitat is proceeding to locate an eligible purchaser of the Property or whether Habitat will exercise its right of first refusal to purchase the Property ("Habitat's Notice".) If Habitat's Notice states that Habitat is not proceeding to locate an eligible purchaser and that Habitat shall not exercise its right of first refusal to purchase the Property, or if Habitat fails to give Habitat's Notice within said thirty (30) days then, and only under such circumstances, the Municipality may, at any time from the.thirty-first (31 st) day after the giving of the Grantee's Notice to and including the sixtieth (60th) day after the giving of the Grantee's Notice, notify the Grantee in writing (with a copy to Habitat and the Commission) as to whether the Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 4 of 17 Municipality is proceeding to locate an eligible purchaser of the Property or whether the Municipality shall exercise its right of first refusal, to purchase the Property (Municipality's Notice"). If the Municipality's Notice states that the Municipality is not proceeding to locate an eligible purchaser and that the Municipality shall not exercise its right of first refusal to purchase the Property, or if the Municipality fails to give the Grantee the Municipality's Notice within said sixty (60) days, then and only under such circumstances, the Commission may at any time from the sixty-first dar (61s) day after the giving of the Grantee's Notice to and including the ninetieth (90") day after the giving of the Grantee's Notice, notify the Grantee in writing (with a copy to Habitat and the Municipality) as to whether the Commission is proceeding to locate an eligible purchaser of the Property or whether the Commission shall exercise its right of first refusal, to purchase the Property ("Commission's Notice"). For the purpose of this Affordable Housing Restriction, an "eligible purchaser" shall mean a household with annual income less than 60% of the area median income, adjusted for household size, satisfying the criteria set forth in the Comprehensive Permit and in the CDBG Program and HOME Program guidelines in effect at the time Habitat, the Municipality or the Commission locates such purchaser; and who, if located by Habitat, Habitat locates such purchaser who is ready and willing to purchase the Property within one hundred twenty (120) days of Habitat's Notice; or who, if located by the Municipality, is ready and willing to purchase the Property between one hundred twenty-one (121) and one hundred and eight (180) days of Habitat's Notice; or who, if located by the Commission, is ready and willing to purchase the Property between one hundred eighty-one (181) days and two hundred forty (240) days of Habitat's Notice. (b) In the event that (i) Habitat's Notice states that Habitat does not intend to proceed to locate an eligible purchaser and that Habitat does not intend to exercise its right of first refusal to purchase the Property, or Habitat fails to give Habitat's Notice within the time period specified above within 30 days from Grantee's Notice; and (ii) the Municipality's Notice states that the Municipality does not intend to proceed to locate an.eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the Property, or the Municipality fails to give the Municipality's Notice within the time period specified above within 60 days of Grantee's Notice; and (iii) the Commission's Notice states that the Commission does not intend to proceed to locate an eligible purchaser and that the Commission does not intend to exercise.its right of first refusal to purchase the Property, or the Commission fails to give the Commission's Notice within the time period specified above within 90 days of Grantee's Notice, the Grantee must use diligent efforts to find an eligible purchaser within a one hundred twenty (120) day period from the date the Property is put on the market, as determined by the date of the first advertisement for sale, as set forth below. The term "diligent efforts" as used herein shall mean: 1) the placement of an advertisement in the real estate section of Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 5 of 17 at least one newspaper of general circulation for a period of three (3) consecutive weeks which sets forth a customary description of the unit for sale, the Maximum Resale Price, Grantee's telephone number, and the phrase "Sale of unit subject to certain guidelines and restrictions with respect to the maintenance and retention of affordable housing for households of low and moderate income;"and 2) the receipt of satisfactory evidence that the new purchaser qualifies as an eligible purchaser. Upon receipt of said evidence of diligent effort, Habitat, the Municipality, acting through its elected official, or the Commission shall issue a Compliance Certificate in recordable form indicating that said Right-of First Refusal.restriction has been met. The Compliance Certificate is to be recorded in the Barnstable County Registry of Deeds or registered with the Barnstable County Registry District of the Land Court, as applicable, and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that said restriction has been met. (c) If the Grantee is unable to locate an eligible purchaser within the one. hundred twenty (120) days for the date the Property is put on the market, the Grantee may convey the Property to any third party with all restrictions set forth herein, including the Maximum Resale Price for the sale for which an eligible purchaser was not located. (d) In the event Habitat, within the thirty (30) day period from receipt of Grantee's Notice, notifies the Grantee that Habitat is proceeding to locate an eligible purchaser or that Habitat shall exercise Habitat's right of first refusal to purchase the Property ("Habitat's Notice") Habitat may locate an eligible purchaser, who shall purchase the Property at the Maximum Resale Price subject to an Affordable Housing Restriction in the same form as this Affordable Housing Restriction, within one hundred twenty (120) days of Habitat's Notice to the Grantee, or Habitat may purchase the Property itself at the Maximum Resale Price subject to such an Affordable Housing Restriction within one hundred twenty (120) days of the date of Habitat's Notice to the Grantee. (e) If Habitat shall fail to locate an eligible purchaser who purchases the Property within one hundred twenty (120) days of the date of Habitat's Notice to the Grantee, and if Habitat fails to purchase the Property itself within said period, then, the Municipality may notify the Grantee that the Municipality is proceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property ("Municipality's Notice"). In this event, the Municipality may locate an eligible purchaser who shall purchase the Property at the Maximum Resale Price subject to such an Affordable Housing Restriction, between the one hundred twenty-first day and the one hundred eightieth (180th) day after said Habitat's Notice is given; or the Municipality may purchase the Property itself at the Maximum Resale Price subject to such an Affordable Housing Restriction within said period of time. Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 6 of 17 (f) If the Municipality shall fall to locate an eligible purchaser who purchases the property between the one hundred twenty-first (121S) and one hundred eighth (180th) day of the date that Habitat's Notice is given, and if the Municipality fails to purchase the Property itself within said period, then, the Commission may notify the Grantee that the Commission is proceeding to locate an eligible purchaser who shall purchase the Property at the Maximum Resale Price subject to an Affordable Housing Restriction between one hundred eight-one (181) days of the date that Habitat's Notice is given and two hundred and forty (240) days of the date that Habitat's Notice is given, or the Commission may purchase the Property itself at the Maximum-Resale Price subject to such an Affordable Housing Restriction within said period of time. If more than one eligible purchaser is located by Habitat, the Municipality, or the Commission, Habitat, the Municipality or the Commission, as the case may be, shall conduct a lottery to determine which eligible purchaser shall be entitled to the conveyance of the Property. (g) If an eligible purchaser is selected to purchase the Property, or if Habitat or the Municipality or the Commission elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible purchaser or to Habitat, the Municipality.or the Commission, as the case may be, by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Grantee's Notice, (iii) provisions of local building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the Deed from the Grantor to Grantee, (v) a Regulatory Agreement among Habitat, the Municipality, and the Barnstable Housing Authority dated and recorded with the Barnstable County Registry of Deeds in Book ;Page (the "Regulatory Agreement") or any successor regulatory agreement entered into among Habitat, the Municipality and the Barnstable Housing Authority pursuant to the provisions of Section 16 of the Regulatory Agreement, (vi) such additional easements, restrictions, covenants and "agreements of record as Habitat, the Municipality and the . County Commissioners consent to, such consent not to be ;. unreasonably withheld or delayed, and (vii) :in the event that the.Property is conveyed to an eligible purchaser, a Deed Rider satisfactory in form and substance to Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 7 of 17 Habitat, the Municipality and the Commission which the Grantee hereby agrees to annex to said deed. 2. Resale and Transfer Provisions: (a) Said deed shall be delivered and the purchase price paid (the "Closing") at the Registry of Deeds in the County where the Property is located, or at the option of the eligible purchaser (or Habitat, the Municipality or the Commission, as the case may be, if Habitat, the Municipality or the Commission is purchasing the Property), exercised by written notice to the Grantee at least five (5) days prior to the delivery of the deed, at such other place as the eligible purchaser (or Habitat, the Municipality or the Commission, as the case may be, if Habitat, the Municipality or the Commission is purchasing the Property) may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the eligible purchaser (or Habitat, the Municipality or the Commission, as the case may be, if Habitat, the Municipality or the Commission is purchasing the Property) to the Grantee, which date shall be at least five (5) days after the date on which such notice is given, and if the eligible purchaser is located by Habitat, or if Habitat is purchasing the Property, no later than one hundred twenty (120) days after Habitat's Notice is given to the Grantee, or if the eligible purchaser is located by (f the Municipality, or if the Municipality is purchasing the Property, no earlier than one hundred twenty-one (121) days after Habitat's Notice is given to the Grantee and no later than one hundred eighty (180) days after Habitat's Notice is given to the Grantee, or if the eligible purchaser is located by the Commission, or if the Commission is purchasing the Property, no earlier than one hundred eighty-one days (181) after Habitat's Notice is given to the Grantee and no later than two' hundred forty (240) days after Habitat's Notice is given to the Grantee. (b) To enable Grantee to make conveyance as herein provided, Grantee may if he so desires 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; all instruments so procured to be recorded simultaneously with the delivery of said deed. (c) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing, and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the eligible purchaser or by Habitat, the Municipality or the Commission. (d) Full possession of the Property free from all occupants is to be delivered at the-time of the Closing, the Property to be then in the same condition as it is in on the date•hereof, reasonable wear and tear only excepted. Exhibit °B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 8 of 17 (e) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur, then Grantee shall be given a reasonable time not to exceed thirty (30) days after the date on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted " by insurance proceeds or condemnation award. The Closing shall occur fifteen (15) days after notice by Grantee that such defect has been cured or that the Property has been so restored. The eligible purchaser (or Habitat, the Municipality or the -. Commission, as the case may be) shall have the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority, then the Grantee shall, unless the Grantee has previously restored the Property to its former condition, either: 1) pay over or assign to the eligible purchaser or Habitat, the Municipality or the Commission as the case may be, on delivery of the deed, all amounts recovered or i recoverable on account of such insurance or condemnation award less any amounts reasonably expended by the Grantee for the partial restoration, or 2) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the " condemnation award or part thereof to-be used to restore the Property to its former condition or to be so paid over or assigned, give to the eligible purchaser or to Habitat, the Municipality or the Commission, as the case may be, a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. (f) In the event that (i) Habitat fails to locate an eligible purchaser-who purchases the Property within one hundred twenty (120) days after Habitat's Notice is given to the Grantee, and Habitat does not purchase the Property during said period; and (ii) the Municipality fails to locate an eligible purchaser who purchases the Property between one hundred twenty-one (121) and one hundred eighty (180) days after Habitat's Notice is given to the Grantee, and the Municipality does not purchase the Property within said period; and (iii) the Commission fails to locate an eligible purchaser who purchases the Property between one hundred eighty-one (181) and two hundred forty (240) days after,Habitat's Notice is given to the Grantee, and the Commission does not purchase the Property within said period, then following expiration of two hundred forty (240) days after Habitat's Notice is given to Grantee, the Grantee may convey the Property to any third party subject to all restrictions set forth herein,'including, the Maximum Resale Price for the sale for which an eligible purchaser was not located. Exhibit "13-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 9 of 17 3. Resale and Transfer Restrictions:` (a) Except as otherwise stated herein, the Property or any interest, therein shall not at any time be sold by the Grantee, the Grantee's successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all consideration and payments of every kind given or paid by the eligible purchaser (as located and defined in accordance with Section 1 above) or Habitat, the Municipality or the Commission, as the case may be, to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and 1) if the Property is conveyed to an eligible purchaser, unless a certificate (the "Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by Habitat or Habitat's designee, and the Municipality acting by and through its Chief Elected Official or it's designee, and by the-Commission or it's designee, which Eligible Purchaser Certificate refers to the Property, the Grantee, the eligible purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed {' conveyance, sale or transfer of the Property to the eligible purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Affordable Housing Restriction, and unless there is also recorded a new Affordable Housing Restriction executed by the eligible purchaser which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is satisfactory in form and substance to Habitat, the Municipality and the Commission; or 2) if the Property is conveyed to Habitat, unless a certificate ("Habitat Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Municipality, acting by and through.it's Chief Elected Official, and by the Commission, which Habitat Purchaser Certificate refers to the Property, the Grantee, the Municipality, the Commission and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to Habitat is in compliance with rights restrictions, covenants and agreements contained in the Affordable Housing Restrictions; or 3) if the.Property is conveyed to the Municipality, unless a certificate ("Municipality Purchaser Certificate") is obtained and recorded, signed and acknowledged by Habitat and by the Commission and by the Municipality, which Municipal Purchaser Certificate refers to Exhibit °13-1" Affordable Housing Restriction - - Habitat/Grantee/HOME Page 10 of 17 the Property, the Grantee, Habitat, the Commission and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to Habitat is in compliance with rights restrictions, covenants and agreements contained in the Affordable Housing Restrictions; or` 4) if the Property is conveyed to the Commission, unless a certificate (the "Commission Purchaser Certificate") is obtained and recorded, signed and acknowledged by Habitat and the Municipality, acting by and through it's Chief Elected Official, which Commission Purchaser Certificate refers to the Property, the Grantee, Habitat, the Municipality and the Maximum Resale Price for the Property, and states that the proposed conveyance, sale or transfer of the Property to the Commission is in compliance with rights restrictions, covenants and agreements contained in the Affordable Housing Restrictions; (b) Any good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate or an Eligible Purchaser Certificate, a Habitat Purchaser- Certificate a Municipal Purchaser Certificate, or a Commission Purchaser Certificate referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate in connection with the conveyance of the Property, provided that the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration stated in the Eligible Purchaser Certificate, the Habitat Purchaser Certificate, the Municipal Purchaser Certificate, or the Commission Purchaser Certificate, as the case may be. (c) Within ten (10) days of the closing of the conveyance of the Property from Habitat to Grantee, the Grantee shall deliver to Habitat, to the Municipality and to the Commission a true and attested copy of the Deed of the Property, together with information as to the place of recording thereof in the public records. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. (d) Notwithstanding anything-to the contrary contained in the Affordable'Housing Deed Restriction, the Maximum Resale.Price shall not be less than the purchase 'price which the Grantee paid.for the Property. (e) The Grantee understands and agrees that nothing in this Affordable Housing -Restriction or the Regulatory Agreement in any way constitutes a promise or guarantee by Habitat, the Municipality, or the Commission that the Grantee shall actually,receive the Maximum Resale Price for the Property or any other price for the Property. Exhibit"B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 11 of 17 4. Owner Occupancy, Restrictions Against Leasing and Junior Encumbrances: The Property shall not be leased, refinanced, encumbered (voluntarily or otherwise) or mortgaged without the prior written consent of the Habitat, the Municipality, and the Commission, provided, however, that this provision shall not apply to mortgages granted in connection with this conveyance. In other words, the Grantee must occupy the Property as his/her year-round residence, and may not rent any portion of the Property without the express written consent of Habitat, the Municipality, and the Commission. Any rents, profits, or proceeds from any transaction described in the last preceding sentence which transaction has not received the prior written consent of Habitat, the Municipality, and the Commission shall be paid to Habitat, to the Municipality, and to the Commission. In the event that Habitat, the Municipality and the Commission in the exercise of their absolute discretion, consent to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such transaction which exceed the carrying costs of the Property as determined by Habitat, the Municipality, and the Commission in their sole discretion shall be paid to Habitat, to the Municipality, and to the Commission. ( 5. Covenants to Run With the Property: (a) The Grantee, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants and assigns to Habitat, its agents, successors, designees and assigns, the Municipality, the Municipality's agents,, successors, designees and assigns, and to the Commission, the Commission's agents, successors, designees and assigns, the right of first refusal to purchase the Property as set forth herein, and the right to enforce the rights, restrictions, covenants and agreements set forth in this Affordable Housing Restriction. The Grantee hereby grants to Habitat, the Municipality and to the Commission the right to enter upon the Property for the purpose of enforcing any and all of the restrictions,' covenants and agreements herein contained, and to enforce Habitat's, the Municipality's and the Commission'ss rights of first refusal to purchase the Property. and the rights of Habitat, the Municipality and the Commission to designate a purchaser of the Property as set forth herein, and of taking all actions with respect to the;Property which Habitat, the Municipality or the Commission may determine to be . necessary or appropriate, with or without court order, to prevent, remedy or abate any violation of the restrictions, covenants and agreements and to enforce Habitat's, the Municipality's and'the Commission's rights of first refusal to purchase the Property and the rights of Habitat, the Municipality and the Commission to designate a purchaser of the Property set forth herein. The rights hereby granted to Habitat, the Municipality and the Commission shall be in addition to and not in limitation of any other rights and remedies available to Habitat or the Municipality or the Exhibit "B-1" Affordable Housing Restriction - Habitat/Grantee/HOME = Page 12 of 17 Commission for enforcement of the restrictions, rights, covenants and agreements set forth in this Affordable Housing Restriction. It is intended and agreed that all of the agreements, covenants, rights and restrictions set forth above shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any. party holding title to the Property, for the benefit of and enforceable by Habitat, its agents, successors, designees and assigns, the Municipality, its agents, successors, designees and assigns, and the Commission, the Commission's agents, successors, designees and assigns, in perpetuity unless one of the following events occur: 1) the recording of a Compliance Certificate and a new Affordable Housing Restriction executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is in form and substance satisfactory to Habitat, the Municipality and the Commission, or 2) the recording of an Eligible Purchaser Certificate and a new Affordable Housing Restriction executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is in form and substance satisfactory to Habitat, the Municipality and the Commission, or 3) the conveyance of the Property to Habitat and the recording of a Habitat Purchaser Certificate as set forth herein, or 4) the conveyance of the Property to the Municipality and the recording of a Municipal Purchaser Certificate as set forth herein, or 5) the conveyance of the Property to the Commission and the recording of a Commission Purchaser Certificate. (b) This Affordable Housing Restriction and all of the agreements, restrictions, rights and covenants contained herein in perpetuity shall be deemed to be an affordable housing restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32, and 33. (c) The Grantee intends, declares and covenants on behalf of himself, his heirs, successors and assigns 1) that this Affordable Housing Restriction and the covenants, agreements, rights and restrictions contained herein shall be and are covenants running with the land; encumbering the Property for the term of this Affordable Housing Restriction, and are binding upon the Grantee's successors in title, 2) are not merely personal covenants of the Grantee, and 3) shall bind the Grantee, his heirs, successors and assigns and inure to the benefit of Habitat, the Municipality and the Commission and their successors and assigns for the term of the Affordable Housing Restriction. Grantee hereby agrees that any and all -requirements.of the: laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Affordable Housing Restriction to constitute restrictions and covenants running with the land shall be deemed to be satisfied in . full and that any requirements of,privity of estate are also deemed to be satisfied in full. Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 13 of 17 (d) Without limitation on any other rights or remedies of Habitat the Municipality, and the Commission, their agents, successors, designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Affordable Housing Restriction, shall, to the maximum extent permitted by law, be voidable by Habitat, its agents, successors, designees and assigns, or by the Municipality, the Municipality's agents, successors, designees and assigns,.or by the Commission, the Commission's agents, successors, designees or assigns by suit in equity to enforce such rights, restrictions, covenants, and agreements. 7. Notice: Any notices, demands or requests that may be given under this Affordable Housing Restriction shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid, return receipt requested,-to the parties hereto at the addresses set forth below, or such other addresses as may be specified by any party by such notice. Habitat: Habitat for Humanity of Cape Cod, Inc. 657 Route 28 W. Yarmouth, MA 02673 Municipality: Town Manager Town of Barnstable 367 Main Street Barnstable, MA 02630 Commission: Cape Cod Commission 3225 Main Street P.O. Box 226 Barnstable, MA 02630 Grantee: Any such notice,-demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 8. Further Assurances:` The Grantee agrees from time to time, as may reasonably required by Habitat, the Municipality or the Commission, to furnish Habitat, the Municipality and the Commission with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and all other information pertaining to the Property for conformance with the requirements of the CDBG Program. Exhibit °B-1" Affordable Housing Restriction } Habitat/Grantee/HOM E Page 14 of 17 9. Waiver: Nothing contained herein shall limit the rights of the Habitat, the Municipality, or the Commission to release or waive, from time to time, in whole or in part, any of the rights, restrictions, covenants or agreements contained herein with respect to the Property. Any such release or waiver must be made in writing and must be executed by Habitat, the Municipality or the Commission, but shall affect only the rights of the organization so releasing or waiving said rights, restrictions, covenants or agreements. , 10. Severability: If any provisions hereof or the application thereof to any person or circumstance shall come, to any extent, to be invalid or unenforceable,.the remainder hereof, or the application of such provision to the persons or' circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. [END OF TEXT— SIGNATURE PAGE FOLLOWS] Exhibit °B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 15 of 17 , Executed as a sealed instrumen t this day of - 2003. Habitat for Humanity of Cape Cod, Inc. Grantee: By: M By: Barnstable County Bi' Y By: By: ; V. a Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 16 of 17 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: , 2003 Then personally appeared the above-named President of Habitat for Humanity of Cape Cod, Inc., and acknowledged the foregoing instrument to be the free act and deed of said corporation, before me. Notary Public My Commission expires: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: , 2003. Then personally appeared the above-named Treasurer of Habitat for Humanity of Cape Cod, Inc., and acknowledged the foregoing instrument to be the free act and deed of said corporation, before me. Notary Public My Commission expires: e r Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 17 of 17 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss , 2003 Then personally appeared the above-named and acknowledged the foregoing instrument to be her free act and deed, before me. Notary Public My Commission expires: I EXHIBIT "B-2" AFFORDABLE HOUSING RESTRICTION to be recorded as a Restriction Rider to the Deed from Habitat for Humanity of Cape Cod, Inc. ("Habitat") to ("Grantee") dated , 2003. WITNESSETH: WHEREAS, the Town of Barnstable ("Municipality") has agreed to provide Habitat for Humanity of Cape Cod, Inc. ("Habitat") with funding through its Community Development Block Grant (CDBG) program to assist in the development of a 16 home affordable housing development and has determined that the rights and restrictions granted herein to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the restricting of the rental and resale price of property in order to assure its affordability by future low and moderate income purchasers; and WHEREAS, pursuant to M.G.L.,c 40B §§ 20-23, Habitat has undertaken to make application to the Board of Appeals of the Municipality for a Comprehensive Permit pursuant to the Act wherein all sixteen (16) units will be affordable units; WHEREAS, Habitat for Humanity of Cape Cod, Inc. ("Habitat") has been granted' a Comprehensive Permit with Conditions from the Board of Appeals of the Municipality dated January 31, 2003; WHEREAS, ten (10) of the units shall be affordable to first time homebuyers whose maximum annual income is not more than 60% of the area median income. The other six (6) units shall be affordable to first time homebuyers whose maximum annual income is not more than 80% of the area median income. The units shall be affordable as defined above in perpetuity and subject to a deed'restriction requiring the dwellings be owned and occupied by low or moderate income persons. Each unit shall be set-aside in perpetuity,for the public purpose of providing safe and decent housing to persons of low and moderate income. Each unit shall be deemed to be impressed with a public trust; WHEREAS, the rights and restrictions granted herein to Habitat and to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the Restriction of the resale price of property in order to assure its affordability by future low and moderate income. purchasers; Exhibit B-2 Affordable Housing Restriction Page 2 of 13 WHEREAS the U.S. Department rtmen p t of Housing and Urban Development (hereina fter fter HUD") periodically publishes median income statistics for.the BarnstableNarmouth Statistical Area ("the area median income"), which are utilized as the basis for defining low and moderate income; WHEREAS, Habitat and the Grantee are participating in the CDBG Program and pursuant to the Comprehensive Permit, Habitat has undertaken to build a housing unit on each parcel of land, and in accordance with the CDBG Program ,Habitat is conveying the parcel located at with a housing unit thereon (the "Property"), more particularly described in the Deed to the Grantee at a consideration which is less than the fair market value of the Property; WHEREAS, pursuant to the CDBG Program, eligible purchasers such as the Grantee are given the opportunity to purchase certain property below the property's appraised fair market value if the purchaser agrees to convey the property on resale to an eligible purchaser located by Habitat or the Municipality, or to convey the property on resale directly to Habitat, or to the Municipality, for a "Maximum Resale Price"; [also see §3(d) below.] WHEREAS, the "Maximum Resale Price" is intended to insure affordability of the property to a household at 80% of area median income; WHEREAS, the "Maximum Resale Price" shall be determined by multiplying the Barnstable County median family income most recently published prior to the resale by the "Maximum Resale Price Multiplier" as defined herein. The Maximum Resale Price Multiplier shall be a number derived by dividing the original sales price of the . property from Habitat to the Grantee by said median income. [For example, if the original sales price of a three-bedroom affordable unit is $65,000.00, and the area median family income at the time of the original sale is $56,500.00, the Maximum Resale Price Multiplier shall be 1.15. The Maximum Resale Price shall be derived by multiplying the Maximum Resale Price Multiplier (1.15) by the most recently published area median income.] WHEREAS, a "Maximum .Resale Price Multiplier" equal to is hereby assigned to be used in determining the "Maximum Resale Price" of the Property; NOW THEREFORE, as further consideration from the Grantee to Habitat and the Municipality-for the conveyance of the Property at a discount in accordance with the CDBG Program, the Grantee, his heirs, successors and assigns, hereby agrees that the Property shall be subject in perpetuity to the following rights and restrictions Y which are hereby imposed for the benefit of, and shall be enforceable by, Habitat, or its successors, assignees, agents or designees; and by the.Municipality, acting by and through its Chief Elected Official, or its successors, assignees, agents, or designees: Exhibit B-2 Affordable Housing Restriction Page 3 of 13 1. Right of First Refusal: (a) When the Grantee,'or any successor in title to the Grantee, shall desire to sell, dispose of, or otherwise convey the Property, or any portion or interest thereof, the Grantee shall notify Habitat and the Municipality in writing of the Grantee's intention to so convey the property ("Grantee's Notice"). Within thirty (30) days.of the receipt of the Notice*from the Grantee, Habitat shall notify the Grantee in writing (with a copy to the Municipality) as to whether Habitat is proceeding to locate an eligible purchaser of the Property or whether Habitat will exercise its right of first refusal to purchase the Property ("Habitat's Notice".) If Habitat's Notice states that Habitat is not proceeding to locate an eligible purchaser and that Habitat shall not exercise its right of first refusal to purchase the Property, or if Habitat fails to give Habitat's Notice within said thirty (30) days then, and only under such circumstances, the Municipality may, at any time from the thirty-first (31st) day after the giving of the Grantee's Notice to and including the sixtieth (60th) day after the giving of the Grantee's Notice, notify the Grantee in writing (with a copy to Habitat) as to whether the Municipality is proceeding to locate an eligible purchaser of the Property or whether the Municipality shall exercise its right of first refusal, to purchase the Property (Municipality's Notice"). For the purpose of this Affordable Housing Restriction, an "eligible purchaser" shall mean a household with annual income less than 80% of the area median income, adjusted for household size, satisfying the criteria set forth in the Comprehensive Permit and in the CDBG Program guidelines in effect at the time Habitat or the Municipality locates such purchaser; and who, if located by Habitat, Habitat locates such purchaser who is ready and willing to purchase the Property within one hundred twenty (120) days of Habitat's Notice; or who, if located by the Municipality, is ready and willing to purchase the Property between one hundred twenty-one (121) and one hundred and eight (180) days of Habitat's Notice. (b) In the event that (i) Habitat's Notice states that Habitat does not intend to proceed to locate an eligible purchaser and that Habitat does not intend to exercise its right of first refusal to purchase the Property, or Habitat fails to give Habitat's Notice within the time period specified above within 30 days from Grantee's Notice; and (ii) the Municipality's Notice states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the Property, or the Municipality fails to give the Municipality's Notice within the time period specified above within 60 days of Grantee's Notice; the Grantee must use diligent efforts to find an eligible purchaser within a one hundred twenty (120) day period from the date the Property is put on the market, as determined by the date of the first advertisement for sale, as set forth below. The term "diligent efforts" as used herein shall mean: .1) the placement of an advertisement in the real estate section.of at least one newspaper of general circulation for a period of three (3) consecutive weeks which sets forth a Exhibit B-2 Affordable Housing Restriction Page 4 of 13 customary description of the unit for sale, the Maximum Resale Price, Grantee's telephone number, and the phrase "Sale of unit subject to certain guidelines and restrictions with respect to the maintenance and retention of affordable housing for households of low and moderate income,"and 2) the receipt of satisfactory evidence that the new purchaser qualifies as an eligible purchaser. Upon receipt of said evidence of diligent effort, Habitat or the Municipality, acting through its elected official, shall issue a Compliance Certificate in recordable form indicating that said Right of First Refusal restriction has been met. The Compliance Certificate is to be recorded in the Barnstable County Registry of Deeds or registered with the Barnstable County Registry District of the Land Court, as applicable, and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that said restriction has been met. (c) If the Grantee is unable to locate an eligible purchaser within the one hundred twenty (120) days for the date the Property is put on the market, the Grantee may convey the Property to any third party with all restrictions set forth herein, including the Maximum Resale Price for the sale for which an eligible purchaser was not located. (d) In the event Habitat, within the thirty (30) day period from receipt of t Grantee's Notice, notifies the Grantee that Habitat is proceeding to locate an eligible purchaser or that Habitat shall exercise Habitat's right of first refusal to purchase the Property ("Habitat's Notice") Habitat may locate an eligible purchaser, who shall purchase the.Property at the Maximum Resale Price subject to an Affordable Housing Restriction in the same form as this Affordable Housing Restriction, within one hundred twenty (120) days of Habitat's Notice to the Grantee, or Habitat may purchase the Property itself at the Maximum Resale Price subject to such an Affordable Housing Restriction within one hundred twenty (120) days of the date of Habitat's Notice to the Grantee. (e) If Habitat shall fail to locate an eligible purchaser who purchases the Property within one hundred twenty (120) days of the date of Habitat's Notice to the Grantee, and if Habitat fails to purchase the Property itself within said period, then, the Municipality may notify the Grantee that the Municipality is proceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property ("Municipality's Notice"). In this event, the Municipality may locate an eligible purchaser who shall purchase the Property at the Maximum Resale Price subject to such an Affordable Housing Restriction, between the one hundred twenty=first (121s) day and the one hundred eightieth (1801h) day after said Habitat's Notice is given, or the Municipality may purchase the Property itself at the Maximum Resale Price subject to such an Affordable Housing Restriction within said period of time. 4 Exhibit B-2 Affordable Housing Restriction Page 5 of 13 (f) If more than one eligible purchaser is located byHabitat or the Municipality, Habitat or the Municipality as the case may be, shall conduct a lottery to determine which eligible purchaser shall be entitled to the conveyance the Property. (g) If an eligible purchaser is selected to purchase the Property, or if Habitat or the Municipality elects to purchase the Property,-the-Property shall be conveyed by the Grantee to such eligible purchaser or to Habitat or the Municipality, as the case may be, by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Grantee's Notice, (iii) provisions of local building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the Deed from the Grantor to Grantee, (v) a Regulatory Agreement among Habitat, the.Municipality, and the Barnstable Housing Authority dated and recorded with the Barnstable County Registry of Deeds in Book ,Page (the "Regulatory Agreement") or any successor regulatory agreement entered into among Habitat, the Municipality and the Barnstable Housing Authority pursuant to the provisions of Section 16 of the Regulatory Agreement, (vi) such additional easements; restrictions, covenants and agreements of record as Habitat and the Municipality consent to, such consent not to be unreasonably withheld or delayed, and (vii), in the event that the Property is conveyed to an eligible purchaser, a Deed Rider satisfactory in form and substance to Habitat and the Municipality which the Grantee hereby agrees to annex to said deed. 2. Resale and Transfer Provisions: (a) Said deed shall be delivered and the purchase price paid (the "Closing") at the Registry of Deeds in the County where the Property is located, or at the option of the eligible purchaser (or Habitat or the Municipality, as the case may be, if Habitat or the Municipality is purchasing the Property), exercised by written notice to the Grantee at least five (5) days prior.to the delivery of the deed, at such other place as the eligible purchaser (or Habitat or the Municipality, as the case may be, if Habitat Exhibit B-2 Affordable Housing Restriction Page 6 of 13 or the Municipality is purchasing the Property) may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the eligible purchaser (or Habitat or the Municipality, as the case may be, if Habitat or the Municipality is purchasing the Property)'to the Grantee, which .date shall be at least five (5) days after the date on which such notice is given, and if the eligible purchaser is located by Habitat, or if Habitat is purchasing the Property, no later than one hundred twenty (120) days after Habitat's Notice is given to the Grantee, or if the eligible purchaser is located by the Municipality, or if the Municipality is purchasing the Property, no earlier than one hundred twenty-one t (121) days after Habitat's Notice is given to the Grantee and no later than one hundred eighty (180) days after Habitat's Notice is given to the Grantee (b) To enable Grantee to make conveyance as herein provided, Grantee may if he so desires 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; all instruments so procured to be recorded simultaneously with the delivery of said deed. (c) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing, and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the eligible purchaser or by Habitat or the Municipality. (d) Full possession of the Property free from all occupants is to be delivered at the time of the Closing, the Property to be then in the same condition as it'is in on the date hereof,.reasonable wear and tear only excepted. (e) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur, then Grantee shall be given a reasonable time not to exceed thirty (30) days after the date on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen(15) days after notice by Grantee that such defect has been cured or that the Property has been so restored. The eligible purchaser (or Habitat or the Municipality, as the case maybe) shall have the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the"provisions of this clause, if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority, then the Grantee shall, unless the Exhibit B-2 Affordable Housing Restriction Page 7 of 13 Grantee has previously restored the Property to its former condition, either: 1) pay over or assign to the eligible purchaser or Habitat or the Municipality as the case may be, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonably expended by the Grantee for the partial restoration, or 2) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former-condition or to be so paid over or assigned, give to the eligible purchaser or to Habitat or the Municipality, as the case may be, a credit against the purchase.price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. (f) In the event that (i) Habitat fails to locate an eligible purchaser who purchases the Property within one hundred twenty (120) days after Habitat's Notice is given to the Grantee, and Habitat does not purchase the Property during said period; and (ii) the Municipality fails to locate an eligible purchaser who purchases the Property between one hundred twenty-one (121) and one hundred eighty (180) days after Habitat's Notice is given to the Grantee, and the Municipality does not purchase the Property within said period; the Grantee may convey the Property to any third party subject to all restrictions set forth herein, including, the Maximum Resale Price for the sale for which an eligible purchaser was not located. 3. Resale and Transfer Restrictions: (a) Except as otherwise stated herein, the Property or any.interest, therein shall not at any time be sold by the Grantee, the Grantee's successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all consideration and payments of every kind given or paid by the eligible purchaser(as located and defined in accordance with Section 1 above) or Habitat or the Municipality, as the case may be, to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and 1) if the Property is conveyed to an eligible purchaser, unless a certificate (the "Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by Habitat or Habitat's designee, and the Municipality acting by and through its Chief Elected Official or it's designee, which Eligible Purchaser Certificate refers to the Property, the Grantee, the eligible purchaser thereof, and the Maximum Resale Price therefor, and states that the _ proposed conveyance, sale or transfer of the Property to the eligible purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Affordable Housing_ Restriction, and unless there is also recorded a new Affordable Exhibit B-2 Affordable Housing Restriction Page 8 of 13 Housing Restriction executed by the eligible purchaser which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is satisfactory in form and substance to Habitat and the Municipality; or 2) if the Property is conveyed to Habitat, unless a certificate ("Habitat Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Municipality, acting by and through it's Chief Elected Official, , which Habitat Purchaser Certificate refers to the Property, the Grantee, the Municipality, and the Maximum Resale Price for the-Property and states that the proposed conveyance, sale or transfer of the Property to Habitat is in compliance with rights restrictions, covenants and agreements contained in the Affordable Housing Restriction; or 3) if the Property is conveyed to the Municipality, unless a certificate ("Municipality Purchaser Certificate") is obtained and recorded, signed and acknowledged by Habitat and by the Municipality, which Municipal Purchaser Certificate refers to the Properly, the Grantee, Habitat, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to Habitat is in compliance with rights restrictions, covenants and agreements contained in the Affordable Housing Restriction; or (b) Any good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate or an Eligible Purchaser Certificate, a Habitat Purchaser Certificate or a Municipal.Purchaser Certificate, referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate in. connection with the conveyance of the Property, provided that the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration stated in the Eligible Purchaser Certificate, the Habitat Purchaser Certificate or the Municipal Purchaser Certificate, as the case may be. (c) Within ten (10) days of the closing of the conveyance of the Property from Habitat to Grantee, the Grantee shall deliver to Habitat and to the Municipality a true and attested copy of the Deed of the Property, together with information as to the place of recording thereof in the public records. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. Exhibit B-2 Affordable Housing Restriction Page 9 of 13 (d) Notwithstanding anything to the contrary contained in the Affordable Housing Deed Restriction, the Maximum Resale Price shall not be less than the purchase price which the Grantee paid for the Property. (e) The Grantee understands and agrees that nothing in this Affordable Housing Restriction or the Regulatory Agreement in any way constitutes a promise or . guarantee by Habitat or-the-Municipality, that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. 4. Owner Occupancy, Restrictions Against.Leasing and Junior Encumbrances: The Property shall not be leased, refinanced, encumbered (voluntarily or otherwise) or mortgaged without the prior written consent of the Habitat and the Municipality, provided, however, that this provision shall not apply to mortgages granted in connection with this conveyance. In other words, the Grantee must occupy the Property as his/her year-round residence, and may not rent any portion of the Property without the express written consent of Habitat and the Municipality. Any rents, profits, or proceeds from any transaction described in the last preceding sentence which transaction has not received the prior written consent of Habitat and the Municipality, shall be paid to Habitat and to the Municipality. In the event that Habitat and the Municipality in the exercise of their absolute discretion, consent to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such transaction which exceed the carrying costs of the Property as determined by Habitat and the Municipality, in their sole discretion shall be paid to Habitat and to the Municipality. 5. Covenants to Run With the Property: (a) The Grantee, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants and assigns to Habitat, its agents, successors, designees and assigns and to the Municipality, the Municipality's agents, successors, designees and assigns, the right of first refusal to purchase the Property as set forth herein, and the right to enforce the rights, restrictions, covenants and agreements set forth in this Affordable Housing Restriction. The Grantee hereby grants to Habitat and to the Municipality the right to enter upon the Property for the purpose of enforcing any and all of the restrictions, covenants and agreements herein contained, and to enforce Habitat's and the Municipality's rights of first refusal to.purchase the Property and the rights of Habitat and the Municipality to designate a purchaser of the Property as set forth herein, and of taking all actions with respect to the Property which Habitat or the Municipality may determine to be necessary or,appropriate, with or without court order, to prevent, remedy or abate any violation of the.restrictions, covenants and agreements and to enforce Habitat's and the Municipality's rights of first refusal to purchase the Property and the rights of Habitat and the Municipality to designate a purchaser of the Property set forth Exhibit B-2 Affordable Housing Restriction Page 10 of 13 herein. The rights hereby granted to Habitat and the Municipality shall be in addition to and not in limitation of any other rights and remedies available to Habitat or the Municipality for enforcement of the restrictions; rights, covenants and agreements set forth in this Affordable Housing Restriction. It is intended and agreed that all of the agreements, covenants, rights.and restrictions set forth above shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any party holding title to the Property, for the benefit of and enforceable by Habitat, its agents, successors, designees and assigns and the Municipality, its agents, successors, designees and assigns, in perpetuity unless one of the following events occur: 1) the recording of a Compliance Certificate and a new Affordable Housing Restriction executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is in form and substance satisfactory to Habitat and the Municipality, or 2) the recording of an Eligible Purchaser Certificate and a new Affordable Housing Restriction executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is in form and substance satisfactory to Habitat and the Municipality, or 3) the conveyance of the Property to Habitat and the recording of a Habitat Purchaser Certificate as set forth herein, or 4) the conveyance of the Property to the Municipality and the recording of a Municipal Purchaser Certificate as set forth herein. (b) This Affordable Housing Restriction and all of the agreements; restrictions, rights and covenants contained herein in perpetuity shall be deemed to be an affordable housing restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32, and 33. (c) The Grantee intends, declares and covenants on behalf of himself, his heirs, successors and assigns 1) that this Affordable Housing Restriction and the covenants, agreements, rights and restrictions contained herein shall be and are covenants running with the land, encumbering the Property for the term of this Affordable Housing Restriction, and are binding upon the Grantee's successors in title, 2) are not merely personal covenants of the Grantee, and 3) shall bind the Grantee, his heirs, successors and assigns and inure to the benefit of Habitat and the Municipality and their successors and assigns for the term of the Affordable Housing Restriction. Granteeihereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Affordable Housing Restriction to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. Exhibit B-2 Affordable Housing Restriction Page 11 of 13 (d) Without limitation on any other rights or remedies of Habitat and the Municipality, their agents, successors, designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Affordable Housing Restriction, shall, to the maximum extent permitted by law, be voidable by Habitat, its agents, successors, designees and assigns, or by the Municipality, the Municipality's agents, successors, designees and assigns, by suit in equity to enforce such rights, restrictions, covenants, and agreements. 7. Notice: Any notices, demands or requests that may be given under this Affordable Housing Restriction shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or such other addresses as may-be specified by any party by such notice. Habitat: Habitat for Humanity of Cape Cod, Inc. 657 Route 28 W. Yarmouth, MA 02673 l Municipality: Town Manager Town of Barnstable 367 Main Street Barnstable, MA 02630 Grantee: Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 8. Further Assurances: The Grantee agrees from time to time, as may be reasonably required by,Habitat or the Municipality, to furnish Habitat and the Municipality with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and all other information pertaining to the Property for conformance with the requirements of the CDBG Program. Exhibit B-2 Affordable Housing Restriction Page 12 of 13 9. Waiver: Nothing contained herein shall limit the rights of the Habitat or the Municipality, to release or waive, from time to time,in whole or in part, any of the rights, restrictions, covenants or agreements contained herein with respect to the Property. Any such release or waiver must be made in writing and must be executed by Habitat or the Municipality, but shall affect only the rights of the organization so releasing or waiving said rights, restrictions, covenants or agreements 10. Severability: If any provisions hereof or the application thereof to any person or circumstance shall come, to any extent, to be invalid or unenforceable, the remainder hereof, or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. [END OF TEXT- SIGNATURE PAGE FOLLOWS] Exhibit B-2 Affordable Housing Restriction Page 13 of 13 Executed as a sealed instrument this day of 2003. Habitat for Humanity of Cape Cod, Inc. Grantee: By: By: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: , 2003 Then personally appeared the above-named , President and Treasurer of Habitat for Humanity of Cape Cod, Inc., and acknowledged the foregoing instrument to be the free act and deed of said corporation, before me. Notary Public My Commission expires: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss , 2003 Then personally appeared the above-named , and acknowledged the foregoing instrument to be her free act and deed, before me. Notary Public My Commission expires: Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 1 of 13 EXHIBIT C MONITORING SERVICES AGREEMENT I� THIS AGREEMENT is made as of the _day of June, 200-3, by and between Habitat for Humanity of Cape Cod, Inc. of 657 Route 28, West Yarmouth, MA 02673 ("Habitat" or "Developer"), and the Town Manager of the Town of Barnstable, of 367 Main Street, Hyannis, MA 02601 (as the "Municipality"), and the Barnstable Housing Authority, 146 South Street, Hyannis, MA 02601 ("Monitoring Agent"). Background A. The Town of Barnstable Community Development Block Grant ("CDBG") Program has provided funding to. the Developer for the purpose of financing an affordable housing development containing sixteen (16) residential housing units located on Danvers Way in Hyannis, Massachusetts (the "Project"). Community Development Block Grant Funds are recognized as qualified housing subsidy program under MGL Chapter 40B. B. The United States Housing and Urban Development Agency(HUD), by and through the Barnstable County HOME Consortium Home Ownership Program has provided funding for thepurpose of financing the project. f Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 2 of 13 . C. The Project has received a comprehensive permit from the Zoning Board of Appeals of the Town of Barnstable (the "Municipality") under Massachusetts General Laws, Chapter 40B (the "Comprehensive Permit"). The Comprehensive Permit requires all of the sixteen (16) units-to be affordable. Ten (10) of the-units shall be affordable to first time homebuyers whose maximum annual income is not more than 60% of the median income in the Barnstable-Yarmouth Metropolitan Statistical Area ("area median income"). The other six (6) units shall be affordable to first time homebuyers whose maximum annual income is not more than 80% of the area median income. In addition, the Affordable Units will be subject to deed riders governing resale (the "Affordability Requirement") in perpetuity. D. The Developer has contracted with McShane Construction Company, Inc., ("McShane Construction") to assist in the development of the property. McShane Construction will build six (6) of the units, which will be sold to first time homebuyers with a maximum annual income of not more that 80% of the area median income. Habitat will build the other ten (10) units that will be marketed to households whose maximum annual income does not exceed 60% of the area median income. The ten (10) Habitat homes will be built with sweat equity by the selected eligible purchaser and with a significant amount of donated materials, supplies and volunteer labor. Habitat will finance the mortgage on its ten (10) units for 20 years at zero interest. The six (6) McShane units will be conventionally financed and mortgaged through a local.bank. . Monitoring Services Agreement Danvers Way of Hyannis HabitaVMunicipality/BHA Page 3 of 13 Those homes will be marketed by Cape Home Ownership Center of the Housing Assistance Corporation. E. The project is subject to a regulatory agreement (the "Regulatory Agreement") between Habitat, the Municipality and the Barnstable Housing Authority. F. Pursuant to the Comprehensive Permit, the Developer may not receive profit in excess of 20% of total development costs. G. Pursuant to requirements of the Comprehensive Permit, the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Profit Limitation Requirement. H. The Developer has agreed to provide its full cooperation to the Monitoring Agent and to.provide said Monitoring Agent any and all documents said Monitoring Agent identifies as being necessary to fulfill its monitoring responsibilities. Agreement For good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows. Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 4 of 13 I. The Developer Covenants and Responsibilities: A. Maintenance of Complete and Accurate Records; Access to CHOC Records (i) The Developer shall keep and preserve full, complete and true records at its office at 657 Route 28, West Yarmouth, Massachusetts 02673, or at such other place or places as it shall designate by written notice, provided that said change.of location is acceptable to the Monitoring Agent. Said records shall show all costs, expenditures, sales, receipts, assets and liabilities, and ( profits and losses regarding the Project and shall be maintained'in a manner and form satisfactory to the Monitoring Agent and in accordance with sound and accepted accounting principles. The Developer shall punctually make full and proper entries of all business transacted regarding the Project. (ii) For the Affordability Requirement with respect to the ten (10) units being constructed by the Developer, the Developer shall keep and preserve full, complete and true records showing its marketing, its lottery procedure, and that eligible purchasers are first time homebuyers whose maximum annual income is not more than 60% of the area median income. 4 f Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 5 of 13 For the six (6) units being constructed by McShane Construction and being marketed by Cape Home Ownership Center of the Housing Assistance Corporation ("CHOC"), the Developer shall assure through its contract with CHOC, that the Monitoring Agent has access to review CHOC's marketing, lottery procedures and that eligible purchasers are first time homebuyers whose maximum annual income is not more than 80% of the area median income. B. Access to Books and Records: The Developer shall permit the Monitoring Agent or it its representatives to examine or audit the records during normal business hours and shall, upon the Monitoring Agent's request, explain the methods of keeping the records. C. Certified Cost and Income Statement: At the request of the Monitoring Agent, but at least annually from the date of the execution of this agreement, the Developer shall, at its sole expense, deliver to the Municipality and the Monitoring Agent, a full compilation of total development costs and total revenues on a federal income tax basis, prepared and certified by a certified public accountant acceptable to the monitoring agent (the "Certified Cost and Income Statement"). D. Excess Profits:, The Developer agrees to pay all profits from the Project in excess of the Allowable Profit (the "Excess Profit") to the Municipality to be deposited into the Municipality's Low and Moderate Income Housing Fund to be used by the Municipality for the purposes of encouraging, creating, or,subsidizing the construction or rehabilitation of affordable housing elsewhere in the Municipality. Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 6 of 13 E. Compliance with Terms of Comprehensive Permit and Regulatory Agreement and Declaration of Restrictive Covenants: The Developer agrees to comply fully with all the terms and conditions of the Comprehensive Permit and the Regulatory Agreement. ' 11. The Monitoring Agent's Covenants and Responsibilities: The Monitoring Agent shall monitor the compliance of the Project with the Affordability Requirements and the compliance of the Developer with the Profit Limitation Requirement, including, but not limited to, the following: (A) Receipt of all the Certified Cost and Income Statements. (B) Review of the adequacy and completeness of all Certified Cost and Income Statements received, and the substantive compliance of the Developer with the Profit Limitation Requirement. (C) For review of the substantive compliance of the Project with the Affordability Requirement, CHOC shall be performing the following, pursuant to paragraph 16 (page 10) of the Comprehensive Permit Decision: (i) For the ten (10) units being constructed by the Developer, review of the Developer's affirmative marketing and lottery procedures for eligible purchaser selection; (ii) For the six (6) units being constructed by McShane, CHOC shall market to qualified buyers, develop lottery procedures for eligible 6 Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 7 of 13 purchaser selection, run such lottery(s), and select the eligible purchasers; (iii) Review of income certifications with respect to initial sales of Affordable Units; and (iv) Monitoring of resales of Affordable Units for compliance with income certification as appropriate. The Monitoring Agent shall monitor CHOC's marketing, lottery procedures, eligible purchaser selection and review of substantive requirements of affordability. (D) So long as the Developer still owns units in the project, preparation annually of a report (the "Annual Compliance Report") to the Municipality on the compliance (i) of the Developer with reporting requirements, (ii) of the Project with the Affordability Requirement and (iii) of the Developer with the Profit Limitation Requirement. The Annual Compliance Report shall indicate the extent of noncompliance with the relevant reporting and/or substantive requirements, and describe efforts being made by the Developer to remedy such noncompliance. (E) Circulation of the Annual Compliance Report to the Developer, the Municipality and the Building Commissioner of the Town of Barnstable within 60 days of the anniversary date of the signing of this Monitoring Agreement. 7 Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 8 of 13 The Monitoring Agent shall provide reasonable supplemental monitoring on its own initiative in order to ensure, to the extent practicable, the compliance of the Project and the Developer with the Affordability Requirement and the Profit Limitation Requirement. The services hereunder shall not include any construction period monitoring. The services hereunder shall include follow-up discussions with the.Developer, if appropriate, after an event of noncompliance. Ill. Monitoring Services Fee. The Monitoring Agent shall be entitled to the following fees: A. For monitoring the developer's compliance with the profit limitation requirement of the comprehensive permit, $25.00 per unit, $400.00 in all, shall be paid by the Developer prior to the issuance of any Occupancy Permits for the development. B. For the.six (6) units subcontracted to McShane Construction, CHOC is to be paid three (3%) percent of the established maximum sales price of each of the affordable units for the services performed according to the terms of this Monitoring Services Agreement (and referenced in the Regulatory Agreement). This fee shall initially be paid by the Developer on or before the issuance of the Occupancy. Permit for each unit. Thereafter, with regard to resales of the McShane Construction units, said three (3%) percent monitoring fee shall be paid by the Grantee as a closing cost at the time of closing. 'j 8 Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 9 of 13 C. For the ten (10) units to be constructed by Habitat, CHOC is to be paid $75.00 per unit, $750.00 total, for review of the Developer's affirmative marketing, lottery procedures for eligible purchaser selection and income certification of eligible purchasers. This fee shall initially be paid by the Developer on or before the issuance of the Occupancy Permit for each unit. Thereafter; with regard to subsequent resales, an appropriate and reasonable monitoring fee shall be determined by the monitoring agency and paid by the Grantee as a closing cost at the time of the closing. IV. Enforcement Services. In the event of violations of the substantive or reporting requirements of the Regulatory Agreement or a failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the Developer, including, without limitation, legal action to compel the Developer to comply with the requirements of its Regulatory Agreement. The Regulatory Agreement.provides for payment by the Developer of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against the Developer thereunder. .The Monitoring'Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing the Regulatory Agreement against the Developer and to assert a lien on the Project or any portion thereof that is still owned by the Developer to secure payment by the Developer of such fees and expenses. 9 i Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 10 of 13 In the event of a violation of the provisions of a deed rider, the Monitoring Agent and/or the Municipality shall have the right, at their discretion, to take appropriate enforcement action against the unit owner or the unit owner's successors in title, including, without limitation, to compel the unit owner to comply with the requirements of the relevant deed rider. The form of deed rider will provide for payment by the unit owner of fees and expenses (including legal fees) of the Monitoring Agent and/or the Municipality in the event enforcement action is taken against the unit owner thereunder and will grant to the Monitoring Agent and the Municipality a lien on the unit to secure payment of such fees and expenses. The Monitoring Agent and the Municipality shall' be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the unit owner and to assert a lien on the relevant unit to secure payment by the unit owner of such fees and expenses. V. Term. The monitoring services are to be provided for the full term of the Regulatory Agreement which is perpetuity. . VI. Indemnity.- The Developer agrees to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including.reasonable attorneys' fees, asserted against the Monitoring Agent by reason of its relationship with the Project under this Agreement and not involving the Monitoring 9 g Agent actin in bad faith and with gross negligence. 10 f Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 11 of 13 VII. Applicable Law. This Agreement, and the application or interpretation hereof, shall be governed by the Jaws of The Commonwealth of Massachusetts. Vlll. Binding Agreement. This Agreement shall be binding on the parties hereto, their heirs, executors, personal representatives, successors and assigns. IX. Headings. All paragraph headings in this Agreement are for convenience of reference only and are not intended to qualify the meaning of the paragraph. [end of text; signature pages and acknowledgements follow] i f Monitoring Services Agreement Danvers Way of Hyannis M Habitat/Municipality/BHA Page 12 of 13 I ' IN WITNESS WHEREOF, the parties hereto have caused this Monitoring Services Agreement to be duly executed on this day of June, 2003. HABITAT°FOR HUMANITY OF CAPE COD, INC., the Developer • By: Eileen Brady, President .«s tits. Johm-B_qjnett, T�easumr) TOWN OF 7BASWTLE, the Municipality By: John C. Klimm, Town ger Barnstable Housing Authority, Monitoring Agent By: �� Thomas K. Lynch; erector APPROVED AS ,TO FORM:, Robert D. 9nith, Tc Atto ey Ruth J. Weil, Assisfant Town Attorney Zbwn of Barnstable Date: �,.Yr�t. 2003 f F Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 13 of 13 COMMONWEALTH OF MASSACHUSETTS County of Barnstable ss: Jt (e / 2003 Then personally appeared the above-named Eileen Brady, President of HABITAT FOR HUMANITY OF CAPE COD, INC., who acknowledged the foregoing instrument to be the free act and deed of Habitat for Humanity of Cape Cod, Inc., before me. KATE MITC+fELL , NOTARYPUBUC C comnuwm e m of meuadiasedts Jl My COMMININ EOM Feb 28,2M Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS County of Barnstable ss: June 2003 Then personally appeared the above-named John C. Klimm, the Town Manager of the Town of Barnstable, the Municipality, who acknowledged the foregoing instrument to be his free act and deed, before me. 71, ad Notary Public S it1eelil"a My commission expires: 3 COMMONWEALTH OF MASSACHUSETTS County of Barnstable ss: Date: 2003 Then personally appeared the above-named Thomas K. Lynch , Director of Barnstable Housing Authority, the Monitoring Agent, who acknowledged the foregoing instrument to be his free act and deed, before me. Notary Public- -My commission expires: 3 , ,9 13 FHABITAT FOR HUMANITY OF CAPE COD,INC. O - 658 Main Street Q ® West Yarmouth,MA 02673 Tel:508-775-3559 Fax:508-775-8121 Home Tel:508-833-8324 Donald S.Dickinson Design/Construction,Land Acquisition -'Building homes in partnership with families in need r nft HABITAT FOR HUMANITY OF CAPE COD 657 Route 28 W. YARMOUTH, MA 02673 • 508-775-3559 • FAX: 508-775-8121 March 2, 2004 Ms.Nancy Lamed Building Department Town of Barnstable Hyannis,MA 02601 Re: Danvers Way Dear Ms. Lamed: In connection with the subject project, Habitat is furnishing you with the following material: 1. A print of the sub-division plan identifying the final property lines of the first ten parcels (ten of ultimately sixteen). This plan has been signed by Ron S. Jansson, Chairman of the Zoning Board of Appeals. 2. Copies of letters to the Fire Department and Town Engineer furnishing you with updates regarding the required submission to them. Habitat expects to have plot plans for parcels 5 through 10 completed by our engineer by 3/03/04 and to you by 3/05/04. In addition,we plan to have our engineer place concrete monuments at the four corners of the parcels as soon as ground conditions permit. To my understanding, considering the submissions already made to other Departments, and the submissions/work in progress (plot plans and corner monuments), Habitat has completed the requirements for receiving certificates of occupancy for parcels 5 through,10, contingent of course the structures are satisfactory to the Fire Department, the Plumbing and Electrical Inspectors, and the Building Inspector. Considering that we have closing dates of 3/22/04 for the six properties (numbered 5 — 10 on the site plans) and considering that the banks are requiring that the certificates of occupancy be in their hands by 3/15/04, I am anxious that I know of and submit to you on a timely basis any additional material you may require for the completion of this project. Please call and advise me if there are additional-items at(508) 833-8324. Habitat thanks you very much for working with us in the development of this important affordable housing. Very truly yours, Donald S. Dickinson Cc: Vicki Goldsmith SHARING .THE.BEST IN OURSELVES WITH EACH OTHER Habitat for Humanity of Cape Cod is a 50.1(c), non prgfit organization. I` ®® ® HABITAT FOR HUMANITY OF CAPE COD 657 Route 28 W. YARMOUTH, MA 02673 • 508-775-3559 • FAX: 508-775-8121 February 25,2004 Lieutenant Eric Hubler Hyannis Fire District 95 High School Road Hyannis, MA 02601 Re: Danvers Way Dear Sir: Attached is a letter from David L. Condrey, Field Service Supervisor,of the Barnstable Water Company certifying the results of the pressure test of the water main. To my understanding from our conversation of last week,the work of the installation of the water service and fire hydrants is acceptable to you and that with the submission of the attached letter,you have the required documentation for this project. Should this not be your understanding please contact me at once that we may provide you with the additional material. Habitat and I most sincerely thank you for working with us in the development of Danvers Way and the sixteen units of affordable housing. e &Dickinson Dona Att. Cc: Ms.Nancy Lamed,Building Department Ms. Victoria Goldsmith,Executive Director Habitat for Humanity SHARING THE BEST IN OURSELVES WITH EACH OTHER Habitat.for Humanity of'Cape Cod is a 501(c), non profit organization. Don Dickinson Habitat for Humanity 657 Route 28 W. Yarmouth,MA. 02673 Re: Pressure Test,Danvers Way Don, c This document it to inform you that I David L Condrey,witnessed the pressure test conducted on 8/8/2003 at Danvers Way a new subdivision. The test was conducted using both AWWA standards and NFPA standards. The new D.I. water main was pressurized to 203psi and held at 201psi for Mrs. With all standards met the water main has been approved and activated. Sincer David L. Condrey Field Service Supervisor a •s• HABITAT FOR HUMANITY OF CAPE COD 657 Route 28 W. YARMOUTH, MA 02673 • 508-775-3559 - FAX: 508-775-8121 March 2,2004 Mr. Robert A. Burgmann, P.E. Town Engineer Town of Barnstable 367 Main Street Hyannis,MA 02601 Re: Danvers Way of Hyannis Dear Mr. Burgmann: In connection with the subject project,Habitat is furnishing you with the following material: 1. A copy of the DEP permit. 2. A print showing the as-built sewer system. 3. A print showing the as-built water distribution system. 4. A copy of a letter to Lieutenant Eric Hubler of the Hyannis Fire Department furnishing him with a letter from the Barnstable Water Company certifying the results of the pressure test. [The Fire Department has reported that the work of the"infrastructure and the related documentation is satisfactory. Remaining to be completed are the inspections of the dwelling units.] A print of the subdivision plan identifying the final property lines of the first ten parcels was furnished you previously on February 19 when I was at your office. This plan has been signed by Ron S. Jansson, Chairman of the Zoning Board of Appeals Items remaining to be completed by Habitat include the following: A. Placement of concrete monuments at the four corners of each parcel. [This work is scheduled to take place as soon as the ground conditions permit.] B. Placement of"no parking-either side" signs along Danvers Way., Regarding signage,my understanding is that the Town's Highway Department is responsible for furnishing signage for the"bike bath". From a conversation with Mr. Robert Gregory of Mass Highway Department,Habitat has been advised that Mass Highway does not intend to install a"stop"sign on Danvers Way at its intersection with Route 28 due to the limited number of dwelling units and the expected limited traffic. A copy of my letter to Mass Highway confirming that understanding is attached. SHARING THE.BEST IN OURSELVES WITH EACH OTHER Habitat.for Humanity of Cape Cod is a 501(c), nay prgfit otganization. To my understanding there are no additional items to those identified above that are required by you or DPW. Should there be,please call me at(508) 833-8324. Thank you for your continued assistance in the development of Danvers Way. q trulyyo s nald S. Dickin Dickinson Aft. Cc: Nancy Lamed, Building Department Vicki Goldsmith, Executive.Director i Larned,'Nancy From: Burgmann, Bob Sent: . Thursday, July 17, 2003 6:46 PM To: Etsten, Jackie; Smith, Robert; Ells, Mark Cc: Broadrick,Tom;Traczyk, Art; Larned, Nancy; Seymour, Steve Subject: RE: Danvers Way DPW has not set any security for the project. Since there is a road involved, I believe the road construction should be treated the same as a regular subdivision. If no one has any objections, I will ask Steve Seymour to inspect the site and calculate a normal completion estimate. The Planning Board can then accept a bond or other security in the normal fashion. -----Original Message----- From: Etsten,Jackie Sent: Thursday,July 17,2003 4:34 PM To: Smith,Robert; Burgmann,Bob; Ells,Mark Cc: Broadrick,Tom;Traczyk,Art; Larned, Nancy Subject: Danvers Way Importance: High The Planning Board office has a request to sign off Building Permits for John McShane for construction on Danvers Way, the Ch 40B Affordable Housing development approved in 2002 off Rt 28. Please advise on the following: 1. Two old covenants dated 1978 and 1985 exist on the old subdivision. Presumably they do not apply to the new plan but should be released to clear the title. Should I sign off the Building Permit application that there are no covenants on the land?? I can place an explanation on the form. 2. McShane construction has been contracted to do the road and some of the houses. #10 of the decision has a condition that states that the DPW "may"set security according to the Subdivision R and Rs, to ensure the construction of roads and installation of utilities - if this has this been done, please advise, if not will DPW be setting such security. The security has to be reviewed and approved by the Town Attorney and Treasurer. If security is going to be set, then it should be done before Building Permits are issued. Excerpts from 2002 decision: 6. The applicant has contracted with McShane Construction Company, Inc., to assist in the road construction and development of the property. McShane Construction will build six(6)of the units,which will be sold to first time homebuyers with a maximum annual income of not more that 80% of the median income. Habitat will build the other ten (10) units that will be marketed to households whose maximum annual income does not exceed 60% of the median income. The ten Habitat homes will be built with sweat equity by the selected eligible purchaser and with a significant amount of donated materials, supplies and volunteer labor. Habitat for Humanity will finance the mortgage on its 10 units for 20 years at zero interest. The 6 McShane units will be conventionally financed and mortgaged through a local bank. Those homes will be marketed by Cape Home Ownership Center of the Housing Assistance Corporation. All of the units will be affordable in perpetuity. Condition 10. Any need for securities and inspections necessary to assure the completion to development standards for the sewer system, water delivery system, underground utilities the roadways and subdivision may be set by the Department of Public Works in accordance with the requirements set forth in the Subdivision Rules and Regulations of the Town.of Barnstable, Planning Board. In particular, the applicant shall provide security in a form and amount acceptable to the Town Engineer and the Town Attorney to assure that any on-site work initiated will be taken to completion and that adequate security exists to assure that the site will be restored to a natural and safe condition in the event that construction should halt. 1 PENTAMATION------------------------------------------------------------07/14/03 PERMIT NO 70047 PARCEL ID 000 000 265 4 DANVERS WAY PERMIT TYPE BUILD DESCRIPTION FEE CODE FLAT/BASE FEE TOTAL UNIT COST AMOUNT PAID RESVALUE 0 . 00 186 . 00 0 . 00 RESAPPI 50 . 00 0 . 00 0 . 00 TOTAL CHARGES FOR PERMIT 236 . 00 CTRL-O UNITS CHARGED/ CTRL-W PAYMENTS/ CTRL-V VALUATION/OTHER UNITS/ ESC EXIT � �g7o a� o o � r - i PENTAMATION------------------------------------------------------------07/14/03 PERMIT NO 70053 PARCEL ID 000 000 266 6 DANVERS WAY PERMIT TYPE BUILD DESCRIPTION FEE CODE FLAT/BASE FEE TOTAL UNIT COST AMOUNT PAID RESVALUE 0 . 00 217 . 00 0 . 00 TOTAL CHARGES FOR PERMIT 217 . 00 CTRL-O UNITS CHARGED/ CTRL-W PAYMENTS/ CTRL-V VALUATION/OTHER UNITS/ ESC EXIT � R . t PENTAMATION------------------------------------------------------------07/14/03 PERMIT NO 70054 PARCEL ID 000 000 267 14 DANVERS WAY PERMIT TYPE BUILD DESCRIPTION FEE CODE FLAT/BASE FEE TOTAL UNIT COST AMOUNT PAID RESVALUE 0 . 00 217 . 00 0 . 00 TOTAL CHARGES FOR PERMIT 217 . 00 CTRL-O UNITS CHARGED/ CTRL-W PAYMENTS/ CTRL-V VALUATION/OTHER UNITS/ ESC EXIT PENTAMATION-------------------------------------------------------------07/14/03 PERMIT NO 70055 PARCEL ID 000 000 268 16 DANVERS WAY PERMIT TYPE BUILD DESCRIPTION FEE CODE FLAT/BASE FEE TOTAL UNIT COST AMOUNT PAID RESVALUE 0 . 00 217 . 00 0 . 00 TOTAL CHARGES FOR PERMIT 217.. 00 CTRL-O UNITS CHARGED/ CTRL-W PAYMENTS/ CTRL-V VALUATION/OTHER UNITS/ ESC EXIT o RESIDENTIAL BUILDING PERMIT FEES ' APPLICATION FEE D ©D New Buildings,Additions $50.00 D Alterations/Renovations $25.00 Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE 3 1.3 square feet x$9 6/sq.foot= plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0031= plus from below(if applicable) • ACCESSORY STRUCTURE>120 sq.1� >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf-1500 sf 100.00 >1500 sf-Same as new building permit: square feet x$96/sq.foot= x.0031= STAND ALONE PERMITS Open Porch x$30.00 (number) Deck x$30.00= (number) a Fireplace/Cl imney _x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 t Relocation/Moving $150.00 - ram�_�� (plus above if applicable) permit Fee L - - projcost v - d RESIDENTIAL BUILDING PERMIT FEES { APPLICATION FEE pr �`` New Buildings,Additions $50.00 �6• P L d � I Cc_v,n� I r)C. I I Alterations/Renovations $25.00 Scone - i r n Building Permit Amendment $25.00 FEE VALUE WORKSHEET NEW LIVING SPACE square feet x$96/sq.foot 4'Q x.0031 0 plus from below(if applicable) ALTERATIONS/RENOVATIONS OF EXISTING SPACE square feet x$64/sq.foot= x.0031= plus from below(if applicable) GARAGES(attached&detached) square feet x$32/sq.ft.= x.0031= ACCESSORY STRUCTURE>120 sq.ft. >120 sf-500 sf $35.00 >500 sf-750 sf 50.00 >750 sf- 1000 sf 75.00 >1000 sf- 1500 sf 100.00 >1500 sf-Same as new building permit: , square feet x$96/sq.foot= x.0031= STAND ALONE PERMITS Open Porch x$30.00= (number) Deck x$30.00= (number) Fireplace/Chimney x$25.00= (number) Inground Swimming Pool $60.00 Above Ground Swimming Pool $25.00 Relocation/Moving $150.00 (plus above if applicable) 40 ¢ Permit Fee U ;7, d projcost Message Schlegel, Frank From: Burgmann, Bob Sent: Friday, June 13, 2003 9:37 AM To: Schlegel, Frank Subject: FW: FYI -----Original Message----- From: Ells, Mark Sent: Thursday, June 12, 2003 8:37 AM To: Klimm, John Cc: Burgmann, Bob; Smith, Robert Subject: RE: I have discussed the matter with Bob Smith and Bob Burgmann. We will waive the hookupfee for this affordable housing development because it is a non-profit developer and all the units are affordable housing units. The intent of this waiver is not to establish a policy regarding the waiving of sewer hookup fees for affordable housing units. All future sewer hookups are subject to the appropriate connection fees unless waived by the Town. The issuance of such a waiver should be taken under review on a case by case basis. I am available to further discuss this matter at your convenience. -----Original Message----- From: Klimm, John Sent: Wednesday,June 11, 2003 1:58 PM To: Ells, Mark Subject: Hi Mar- We have a request by Habitat to waive the hookup fees for sewer. Do we do that for non-profits? john 6/16/2003 PERFORMANCE BOND Travelers Casualty and Surety Company of America (Annual Form) One Tower Square 3PB, Hartford, CT 06183 Bond No. 104115875 KNOW ALL MEN BY THESE PRESENTS, that we, HABITAT FOR HUMANITY OF CAPE COD, as Principal, and Travelers Casualty and Surety Company of America, licensed to do business in the State of MASSACHUSETTS, as Surety, are held and firmly bound unto TOWN OF BARNSTABLE (Obligee), in the penal sum of THREE THOUSAND AND NINETY TWO Dollars ($ 3092.00 ), lawful money of the United States of America, for the payment of which sum, well and truly to be made, the Principal and Surety do bind themselves, their heirs, executors, administrators, and successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the above bounden Principal has entered into a certain written Contract with the above named Obligee, effective the 11 day of JUNE , 2003 , and terminating the 31sT day of DECEMBER , 2004 , for ROAD PAVING FOR DANVERS WAYS SUBDIVISON and more fully described in said Contract, a copy of which is attached, which Agreement is made a part hereof and incorporated herein by reference, except that nothing said therein shall alter, enlarge, expand or otherwise modify the term of the bond as set out below. NOW, THEREFORE, if Principal, its executors, administrators, successors and assigns shall promptly and faithfully perform the Contract, according to the terms, stipulations or conditions thereof, then this obligation shall become null and void, otherwise to remain in full force and effect. This bond is executed by the Surety and accepted by the Obligee subject to the following express condition: Notwithstanding the provisions of the Contract, the term of this bond shall apply from JUNE 11, 2003, until DECEMBER 31ST, 2004 , and may be extended by the Surety by Continuation Certificate. However, neither nonrenewal by the Surety, nor the failure or inability of the Principal to file a replacement bond in the event of.nonrenewal, shall itself constitute a loss to the obligee recoverable under this bond or any renewal or continuation thereof. The liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be cumulative and shall in no event exceed the amount as set forth in this bond or in any additions, riders, or endorsements properly issued by the Surety as supplements thereto. Sealed with our seals and dated this 11 day of JUNE 2003 itne s ), Princ' 1 Trav I s ACasualty Sur ty Company of America ' t Witness 01 A VIDAL, Attorney- -Fact Agreed and acknowledged this day of By: Obligee S-5025(08-99) ITY OF CAPE COD,INC. HABITAT FOR HUMAN 658-Main Street West Yarmouth, MA 02673 Tel:508-775 3559 Faac:508.775.81 21 Home Tel: . � y• �YA-� t�a rship �.r Building homes in par with famLlLes tin nerd HABITAT FOR HUMANITY OF CAPE COD 657 MAIN STREET W.YARMOUTH,MA 02673 508-775-3559 FAX: 508-775-8121 Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA. 02601 Thomas Perry Dear Mr. Perry, Habitat for Humanity of Cape Cod is a local affiliate of Habitat for Humanity International. We are a 501(c)3, non-profit organization. Our mission is to build homes, hope, lives and community for families in need on Cape Cod. Habitat for Humanity of Cape Cod has committed itself to increasing its homebuilding capacity from five to ten homes per year. We are scheduled to build nine new homes this year and ten next year. Danvers Way, Hyannis is our first subdivision, and will be developed under the provisions of Chapter 40B to create 16 new single family homes in eight duplex style buildings over a two year period. We serve families that make 60% or less of area median income. For example, a family of four cannot make more than$36,200 to qualify for our program. In order to make this program successful,Habitat for Humanity relies on help from various town departments in the form of reduced or waived fees. We would like to request a reduction or a waiver of the building permit fees for the Danvers Way project. Habitat for Humanity will build two units, that will house 4 families, this year and 3 additional units, for six more families, will be built next year. Habitat for Humanity of Cape Cod would appreciate.any help you could give us in the form of reduced or waived fees for the building permits for Danvers Way. Thank you for our assistance, PIA,0' P'at Taylor, P "" Director of Construction SHARING THE BEST IN OURSELVES WITH EACH OTHER Habitat for Humanity of Cape Cod is a 501(c)3, non-profit organization. All donations made to Habitat of Cape Cod are fully tax deductible and the donor has received no goods or services for this donation. , .s IL ® ® HABITAT FOR HUMANITY OF CAPE COD 657 MAIN STREET W.YARMOUTH,MA 02673 508-775-3559 FAX: 508-775-8121 Building Commissioner Town of Barnstable 367 Main Street Hyannis, MA. 02601 Thomas Perry Dear Mr. Perry, Habitat for Humanity of Cape Cod is a local affiliate of Habitat for Humanity International. We are a 501(c)3, non-profit organization. Our mission is to build homes, hope, lives and community for families in need on Cape Cod. . Habitat for Humanity of Cape Cod has committed itself to increasing its homebuilding capacity from five to ten homes per year. We are scheduled to build nine new homes this year and ten next year. _ Danvers Way, Hyannis is our first subdivision, and will be developed under the provisions of Chapter 40B to create 16 new single family homes in eight duplex style buildings over a two year period. We serve families that make 60% or less of area median income. For example, a family of four cannot make more than $36,200 to qualify for our program. In order to make this program successful, Habitat for Humanity relies on help from various town departments in the form of reduced or waived fees. We would like to request a reduction or a waiver of the building permit fees for the Danvers Way project. Habitat for Humanity will build two units, that will house 4 families, this year and 3 additional units, for six more families, will be built next year. Habitat for Humanity of Cape Cod would appreciate any help you could give us in the form of reduced or waived fees for the building permits for Danvers Way. Thank you for our assistance, 4J_ lam' Pat Taylor, Director of Construction SHARING THE BEST IN OURSELVES WITH EACH OTHER Habitat for Humanity of Cape Cod is a 501(c)3, non-profit organization. All donations made to Habitat of Cape Cod are fully tax deductible and the donor has received no goods or services for this donation. ® ® HABITAT FOR HUMANITY OF CAPE COD 657 MAIN STREET W.YARMOUTH, MA 02673 508-775-3559 FAX: 508-775-8121 March 24, 2003 Mr. Peter Pezano, Manager of Operations The Hyannis Water Department P. O. Box 326 Old Yarmouth Road Hyannis, MA 02601 RE: Danvers Way of Hyannis Gentlemen: As you are aware from my having earlier furnished you with progress prints showing the plans for the subject project, Habitat for Humanity is planning to build sixteen units of affordable housing in Hyannis. Prior to construction of this housing, Habitat will be contracting for the construction of a road (Danvers Way) and the installation of the necessary service and utilities. This latter work, the roads and utility work, is currently out for bids with construction scheduled during the second quarter of this year. For your information and to ensure the coordination of our mutual efforts, I am furnishing you with the following material: 1. Locus map showing the location of the parcel and the road, Danvers Way. 2. The Site Plan and the engineering drawings showing the electrical utility and service work. Should you have any questions, please call me. Thank you for your review of this material and for working with us in developing this very needed affordable housing. ; Very truly yours, Donald S. Dickinson cc. Sweetser Engineering, Robin Wilcox SHARING THE BEST IN OURSELVES WITH EACH OTHER Habitat for Humanity of Cape Cod is a 501(c)3, non-profit organization. All donations made to Habitat of Cape Cod are fully tax deductible and the donor has received no goods or services for this donation. SS, }t F.Mom. ..-" kli t' '',"a��.s'• k{�,�� -; 7 W V �'v LI /� `4 \1` yi1✓// \� ' r -ZZZ /// \ J1\..� { 11 1 ` �•• ' \.1 in: �•�- � , r � , *� � `„,-*�, Tie Kffi .,�� I ,` I lrr' 1\\ J _ _ - 4 {4 y •-. a„�.'t .rr - r1:•rr-��--'.. 1�.?�.r 3�._ `'}�'� ice' / ���y.�dF 5��� .._ ° ,1 `�: �.tr4"•P4 x - m t�r ad- 1' -r - 0 3 R/'l�q � 1, tp _ 3` -'cam`•T�. _ a• 4 _ 70� 0 F /' `i;.4F, �r�-•� rirL} S#'v., -`,vh rz- _ r :,� 'y.�- .. �r Yt( 36�i 2 I Mitu MOM -70 � • F , j - rru V WT MAP 271 PARCELS " 008N }r SCALE: 1 =300 ;F 2 w - e r { t With 300' . r 4 f u'� ... ....... *NOTE: Planimetiics,topography,and ;j**NOTE: The parcel lines are only graphic representations DATA SOURCES. P(ammehig( a awda features)were interpreted from 1995 aerial photographs by The James II vegetation were mapped to meet Notional`; of property boundaries. They are not true locations,and W.Sewall Comparry Tipraphyand vegetahori'were interpreted from 1989 aerial photographs by GEOD Map Accuracy Standards at a scale of do not represent actuos relationships to physical objects Corporation'•Plantataq`top�rophy,:und vepi hit'on were mapped to meet National Map Accuracy Standards 1"=100'. on the map. at a stole of 1°`-1�' Pdite(biros wale digitized from H2002 Town of Barnstable Assessor's tax maps. 01/22/03 RED 15:01 FAX 617 727 1598 EXEC.OFC.ENVIR'L.AFFRS C. UUc COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS 251 CAUSEWAY STREET, SUITE 900, B_OSTON, MA 02114 Tel.: 617-626-1000 Fax: 617-626-1181 . MITT ROMNEY �• `: �,� ELLEN ROY HERZFELDER Governor Secretary KERRY HEALEY r Governor Lt.Go 1 January 14,2003 Mr. Robert A. Burgnann,Town Engine er ._ Town of Barnstable,Engineering Division 367 Main Street Hyannis MA 02601 Re: EOEA#6553,Town of Barnstable Wastewater Facilities:Plan-- Notice of Project Change for Proposed Habitat for Humanity Housing Project, Hyannis Dear Mr. Burgmann: I am writing in response to your letter dated December 23,2002 in which you ask for a determination whether further MEPA review would be required for the above referenced project. According to your letter,the project consists of the construction of sixteen 3-bedroom units of affordable housing on Danvers Way in.Hyannis. The project would generate a maximum of 5,280 gallons per day of wastewater, and would require a new sewer in Danvers Way. The sewer would connect directly to an existing:municipal pumping station. Based on the information that you have provided,the impacts of the Habitat for Humanity project do not appear to be significant in terms of their environmental consequences. Therefore, in accordance of Section 11.10 of the MEPA regulations,publication of the Notice of further Project Change and a public comment period are not warranted.No MEPA review is required. cerely, _ ?James W. Hunt ssistant Secretary P� 1' Town of Barnstable B"R'ASS.� ' Engineering Division � 3 367 Main Street, Hyannis MA 02601 Office: 508-862-4088 Robert A. Burgmann, P.E. Fax: 508-862-4711 Town Engineer ' December 23, 2002 Ms. Janet Hutchins, Assistant Director MEPA Unit Executive Office of Environmental Affairs Commonwealth Of Massachusetts 251 Causeway Street, Suite 900 Boston,MA 02114 Re: Habitat For Humanity Housing Project,Hyannis EOEA#6553 Dear Ms. Hutchins: This letter is being written in reference to a proposed affordable housing project that the Town of Barnstable is desirous of connecting to our existing wastewater collection system. The project is located on Danvers.Way off Route 28 in Hyannis. This project consists of(16) 3-bedroom units and is anticipated to generate no more than 5,280 gallons per day of wastewater flow. The new sewer in Danvers Way will connect directly to an existing municipal pumping station. Because this is a Habitat For Humanity project all sixteen (16) units will be of the affordable class. This affordable housing project will generate no more than 5,280 gallons per day of waste water. This amount is less than one percent of the amount of treatment plant capacity that has been allocated by the Draft Wastewater Facilities Plan for property rehabilitation and infilling within the boundaries of the existing sewer system. Even though this important affordable housing project is not part of the already sewered area, the additional flow is insignificant with regard.to the capacity allocated for infilling in the sewer service area and can be readily assimilated within that allocation. J:wpfiles\burgmann\corres\2002\mepa\danversway.duc I ask that you consider this service connection to be insignificant with regard to its impact on the sewer collection system and treatment facility and that a Notice of Project Change not be required in order to allow this connection to be made. Very truly yours, bert A. B gmann, P.E. Town Eng' eer Cc: John C. Klimm,Town Manager Mark S. Ells; Interim Director, D.P.W. Daniel M. Creedon, Chairman, Zoning Board of Appeals /Peter Bryanton, Community Development Officer Kevin Shea,Director, Community&Economic Dev. RAB/br J:wpf.les\burgmann\corres\2002\mepa\danversway.doc -bb/1C4/l00J 14:JJ t)VU24U2JJb 4 5 l_ HAYL5 ANUM FAUL bl 0CC) OVE1 I 5 BROOM OP la I STORAG i . � . i� � ---- - 5,,.x`a KITCHE , B-OLD DOOR • e I 1� I � POSSIBLE. BROOM CLOSET LOCATION it DINING Cr WIT }j WASHFsI3/®RYjR CL®SST SCALE: 1/4- ■ 1'-0" NOTE: 1000 DRYER DOOR SWING REQUIRED PER AAB MULTIPLE DWELLINGS. HABITAT FOR HUMANITY von 0, #Wj kchiteat tote: KI10 ssr Wmtg duw•r.a 0ms11 terms►dRdmlp am dton ssd for onumsnsrf�sh mi l'! fa m shs+� erdtstdr, WssseAwsw OelIS1 (600)140-1411 VMVbW WAYnot sssls a Iwlkslsd, ►{se! vkns 21 =rot I ® ® HABITAT FOR HUMANITY OF CAPE COD 657 MAIN STREET W.YARMOUTH,MA 02673 508-775-3559 FAX: 508-775-8121 Town of Barnstable DPW 367 Main Street Hyannis, MA. 02601 Dear Mr. Ells Habitat for Humanity of Cape Cod is a local affiliate of Habitat for Humanity International. We are a 501(c)3, non-profit organization. Our mission is to build homes, hope, lives and community for families in need on Cape Cod. Habitat for Humanity of Cape Cod has committed itself to increasing its homebuilding capacity from five to ten homes per year. We are scheduled to build nine new homes this year and ten next year. Danvers Way, Hyannis is our first subdivision, and will be developed under the provisions of Chapter 40B to create 16 new single family homes in eight duplex style buildings over a two year period. We serve families that make 60% or less of area median income. For example, a family of four cannot make more than$36,200 to qualify for our program. In order to make this program successful, Habitat for Humanity relies on help from various town departments in the form of reduced or waived fees. We would like to request a waiver of the sewer connection fee for the Danvers Way project. Habitat for Humanity will build two units, that will house 4 families, this year and 3 additional units,for six more families, will be built next year. Habitat for Humanity of Cape Cod would appreciate any help you could give us in the form of reduced or waived fees for the sewer connections at Danvers Way. Thank you for your assistance, �5 is i oldsmith, Pat Taylor, Execu e Director Director of Construction SHARING THE BEST IN OURSELVES WITH EACH OTHER Habitat for Humanity of Cape Cod is a 501(c)3, non-profit organization. All donations made to Habitat of Cape Cod are fully tax deductible and the donor has received no goods or services for this donation. - APPLICATION FOR SITE PLAN REVIEW LOCATION r Business Name: C10�a/Q r��eV;21olp �G= ubdivision Plan# Assessor's Map # Z7 Parcel# 0- ``�Qc` . ANR Plan Property Address: Site Plan �n►s OWNER OF PROPERTY APPLICANT Name: 1-- �-�, -- F' ut` cl Name: Address: c� � Address: to Telephone: S<nS . 7 S Telephone Sc 77'S. :S Fax 50t 7 7 S- 8 12 Fax ARCHITECT/DEVELOPER/CO CT R/E WEER AGENT/ATTORNE f Name: 7& ae Name: i C� Address: Address: !�d Telephone: oZ cpCe Fax Telephone. _ ��4P . (660 Fax 3�2- - 13� STORAGE TANKS(1 IA7 MATX L OR WASTE OIL) ZONING DISTRICT CLASSIFICATION Existing O Proposed p District _Overlay Number Number. Z Q�� q � `— Lot Area � � , S . Ft. Z.q O Ac. Size Size — Fire District. Above Ground -- -1—��P n n'c 5 Above Ground — Setbacks Underground — Underground — Front Z& Side to . Rear 10 Contents — Contents Number of Buildings Existing O Proposed cE Demolition one. UTII,TITES TOTAL FLOOR AREA BY USE Sewer- EJP4lic ❑Private Size 0 a. gal Residential Water- Q ublic 18, 1 l'7 ❑Private Restaurant Electrical -Aerial (Underground Retail O Gas- ff Natural ❑ Propane e Tra _ Office creas � p - ❑ Size 0 gal Medical Office Sewage Daily Flow * gal Commercial (specify) O Wholesale (specify) O 'ARKING.SPACES CURB CUTS Institutional(specify) � 'rovided tequired Existing Industrial(specify) Proposed O )n-Site To Close Gross Floor Area )ff Site Totals iandicapped All Other Uses On Site GP or WP areas restrict wastewater discharge to 330 allons per acre per day into on-site system. Jld King's Highway Regional Historic District File# Approved? ❑ Yes [�No Hyannis Main Street Waterfront Historic District File# Approved? ❑ Yes EJ No Listed in National and/or State Register of Historic Places? L—]. Yes No Previous Site Plan Review File# Approved. ❑ Yes (]� Previous Zoning Board of Appeals File# Approved? ❑ Yes o Is the site located in a Flood Area(Section 3-5.1) �❑-,/Yes ENO In Area of Critical Environmental Concern? U x eS ❑No Is the Project within 100' of Wetland Resource Area? ❑ Yes allo Parking and Traffic Circulation Plan ❑ Yes ❑No Landscape Plan ❑ Yes ❑No Lighting Plan ❑ Yes ❑No Drainage Plan ❑ Yes ❑ No Utilities Plan ❑ Yes ❑No Note that all Anne must be discussed with Ms Urenas at this Building Department Lot area in feet 12,�,,24 4 feet Building Height in feet 1 z !2. feet Maximum Lot Coverage as% of Lot C1.' % O - GROUND WATER PROTECTION OVERLAY DISTRICT REQUIREMENTS: Lot Coverage (%) Required Proposed Site Clearing (%) Required Proposed PRINCIPAL BUILDIN 6 �. e i&, i 5 ACCESSORY BUILDING(S) Yes ❑No Number of floors ?.-I- Number of floors I � FLOOR AREA: FLOOR AREA: Basement 15ao sq. ft. Second aloo sq. ft. Basement — sq. ft. Second — sq. ft. First jSoosq. ft. Attic sq. ft. First CJ( sq. ft. Attic sq. ft Other(Specify) sq. ft. Pie a provide a brief n tive desc 'ption of your p oposed ro' ct: M Al 1 I assert that I have completed (or caused to be completed)this page.and the Site Plan Review Application and that to the best of my knowledge, the information submitted here is true. i z /z Z-/a � s� Signature Date �• l IP 2 9 i O 2ITS 71 4 t 74 , 9J RO _ l -_ ....r o r 1 2 Q 4#1.2.2#766 ALP 27 ✓"� #29 "� 1 nl4ae vi = 4671 2 3 --. 4 2n4np2 2 :. �. r 2 + J 46 p� 6 27 � 2n 1 4 525 1 31 \v 1 M(AP)271 .. 8 EN 1 j no 49 o v1 p I e 466 ' 9 71 ��pp8� 2 � f 1 1 P 271 ° �2� ) MAP 92 jiff 29 2 70 MAP 9 / 67 f:\dgn\conservation.dgn 02/19/02 02:02:28 PM 3 DANVERS WAY DEVELOPMENT TEAM DEVELOPER: Habitat for Humanity of Cape Cod -658 Main Street West Yarmouth, MA 02673 Tel: 508 775 3559; fax: 508 775 8121 ARC UTECT: Steven C. Hayes, PC 15 Bay State Court, P.O. Box 621 Brewster, MA 02631 Tel: 508 240 141 1; fax: 508 240 2396 ENGINEER: Sweetser Engineering 235 Great Western Road, P.O. Box 713 South Dennis, MA 02660 Tel: 508 398 3922;fax: 508 398 3063 CONTRACTORS: Habitat for Humanity of Cape Cod(ten units) 658 Main Street West Yarmouth,MA 02673 Tel: 508 375 3559; fax: 508 775 8121 McShane Construction(six units) Box 429 Osterville,MA 02655 Tel: 508 428 8500 • __—__. ---.—_.—_ W_.j V V J 'ax•y, •�fi� Pti>r"d 3rY.x' rai`r`:t ;i:f,:.',$;:r'i1 i£%(?�y v ..,,}r ...,.. ..:.�:. ........... .: :.t .,.. .., ,x:::>t:.S'•c«...}: 5.:.<.,.:::•.. h:;,din:•..;)f:4:,fY».;y ''trJYa:.a°Yr`.,: <.;.;3,0?;?.:.,,;..::r,.:�i;4>s,`3.., ave;}.:.e>,j ..r.:...w,..: ..J•:. :¢>., .x,...'o., a.,Yt .,Y:,.t>,`•n•'.� :.a•� :a E, ..DATE(MMIDDnIYI ..F�,. :F e v:,:a:s f.` a:c•3.:::.t: ... 0 - t v.d. ,r.. PRODUCER--- +', BOO•$24-9246 THIS CERTIFICATE 1S IS3U71D AS A MATTER OF WFORMATHON ONLY AND CONFERS NO RIGHTS UVON7HE CERTIFICATE HOLDER.THIS CERTIFICATE Acordie Northeast DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE - POLICE B LO 1300 Mt. Kernble Ave. COMPANIES AFFORDING COVERAGE P.O.Box 1919 COMPANY Morristown,N.i 07962-1919 A FEDERAL INSURANCE CO. INSURED COMPANY B HABITAT FOR HUMANITY COMPANY OF CAPE COD, INC. C 667 ROUTE 28 COMPANY W.YARMOUTH,MA 02673 p %i6Yp Y q;r 4: �')PY:4• .P;{•r:vt::t:v:":::o}Y.v:,.::[..:r:..:n...•..:•• :„ v'd•)'•})}:":�;: t .t. 'ri) `^ .:1•...�>h �:0'd..r,•.:. ...t:r p..n.:nrA, „J.!•v:i{{icC?�( ...jj'+:.H. .. .Y.)..,.�. ... •x:•f>.«'•!:^,...�:Y...::,.q>: :....:,.}.,:}v. ...f,•.o.. '::trax :t;•:.fi;,t ,Pa:•:nd ;} ):y -. :>t::.:h:.Y:t tY;S:!^',.::5..0%Y.,.nf °J v' .d.�;.S,•'•:F.+�v::.h}l•titi,:kr.. :r::.,0.n{)..A, tR. ..y}xN'v}:hCU ::)vr:t��: $....,.r.t.S.�r}.•.n........n ...,...-- }! .».L':.}",t;.P::;, .::..:r....�....,;.y.;' '4vr• :P.l.4., {:..-��4.....�.•. .'fi :.4.v`f.'ch�..:::Y.:�rh} S::t.)x,i.i3:.::?v:.::r}:!i,r..::E:•x?}}.v}�P'.•.ii•rr:::n:<:.:nr::n::�:t e::.�[L..::.•3:n:'v::i:.r:n....s THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 7ERMS, EXCLUSION AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFF. POLICY EXP. LIMITS L,I,R 7YP8OFINSl1RANCB POLICY NUMBER DATE(MMIDDAN) DATE(MM/DDIYY) GENERAL LIABILITY GENERAL AGGREGATE -2000009 COMM. LIABILITY 35761707 4/01/03 4101/04 PROD•COMPIOPAGG. 2009009 A CLAIMS MADE Q OCCUR PERS.&ADV.INJURY '1000000 OWNER'S&CONTRACT'S PROT EACH OCCURRENCE 10O 0000 FIRE DAMAGE(One Fire) inrlivipri Hired/Non- MEDEXP(Anyoueperaoo) 0 F1 0 pyven Liab AUTOMOBILE LIABILITY COMBINED SINGLE - LIMIT ANY AUTO ALL OWNED AUTOS BODILY INJURY , SCHEDULED AL?OS (PW Pe—) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per ecddeot) . PROPERTY DAMAGE AUTO ONLY-EA ACCIDENT GARAGE LIABILITY OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT AGGREGATE EXCESS LIABILITY EACH OCCURRENCE UMBRBLLAFORM AGGREGATE OTHER THAN UMBRELLA FORM WORKW COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY BACH ACCIDENT THHEPROPRIE'TOW INCL DISEASE•POLICYLIMIT PARTNERSIEXECUTIVE OFFICERS ARE: EXCL DISEASE•EACH EMPL. OTHER A 84045446148 4/01/03 4/01104 VOLUNTEER $6 accident per person. er accident/no dad. ACCIDENT MED/DIS p DESCRIPTION OF OPERATIONSILOCATEDNS/VEMCLESMCLAL ITEMS CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH REGARDS TO CONSTRUCTION ON DANVERS WAY,IN HYANNIS,MA. 7777. ;,;r,,:..:••: .,.y:nq}Y:.g::;:.s;:.,...,yi y c:;xi`•,:.a •t.4:'t?.. f' )`•:fv :i.. .,r::.,•:.. ,..):•Y:d};A..,• ?:):::`>.t:.::Y .. .. .:)'tjot`.:PG,x•,,•f.t}}y.,•,,,pin}:a.p�:.yn.r.,t•1•:.,;r.f{•G}::Ly,•:,.:::r.d,, .;:::•:�:%`v z:�i•.+'sf:"'} fii::u. - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE BARNSTABLE COUNTY HOME EXPIRATION DATE THHEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO • MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CONSORTIUM L&IT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 3225 MAIN,STREET LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORIZE EPRESENTATIVE BARNSTABLE;MA 02630 >♦Y�• t .J {:tv ..).._.9.r, $.. :t•. .P <i:f:• -'4t•.:.��`,v.tv (y} .ry,:L ::.Y. Yy 'SS:i:i' ±•}Y.•. r:r5,:•i Bk 17034- Po 132 "65379 • Regulatory Agreement ` � _ %ads—�]4--r�J�a3 131:3, 191n, Page I of 16 , REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS This REGULATORY AGREEMENT AND DECLARATION OF e RESTRICTIVE COVENANTS is made this day of June 2003, by and between Habitat for Humanity of Cape Cod, Inc. of 657 Route 28, West Yarmouth. MA 02673 and its successors and assigns ("Habitat" or the;`Developer'); the Town of Barnstable, 367 Main Street, Hyannis, MA 02601 (the "Municipality"); Town of Barnstable, Office of Community Development, of 230 South Street, Hyannis, MA 02601 ("Funding Agency"); and the Barnstable Housing Authority of 146 South Street, Hyannis, MA 02601 (the "Monitoring Agent"). WHEREAS, the Developer intends to build an affordable housing development known as Danvers Way of Hyannis on a 2.90 Acre parcel, located on Danvers Way, i" Hyannis, MA, more particularly described in Exhibit"A" attached hereto and made a part hereof(the "Property"); and, WHEREAS, the Developer has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B by the Barnstable Zoning Board of Appeals to construct sixteen (16) housing units consisting of eight(8) buildings on sixteen (16) proposed lots along Danvers Way. The Comprehensive Permit is recorded at the Barnstable Registry of Deeds in Book 16533, Page 41; and, WHEREAS, the Comprehensive Permit has specified that all of the sixteen (16) units shall be affordable units. Ten of the units shall be affordable to first time homebuyers whose maximum annual income is not more than 60% of the median income in the Barnstable-Yarmouth Metropolitan Statistical Area("area median income"). The other six (6) units shall be affordable to first time homebuyers whose , maximum annual income is not more than.80% of the area median'income._The units Regulatory'Agreement - R � ..Page of 16 shall be affordable as defined above in perpetuity and subject to a deed restriction requiring the dwellinas be owned and occupied by low or moderate-income persons. Each unit shall be set-aside in perpetuity for the public purpose of providing safe and decent housing to persons of low and moderate income. Each unit shall be deemed to be impressed with a public trust. The initial selling prices for each unit shall be based upon a formula under which monthly housing costs, including mortgage payments, taxes, insurance and homeowners' association fees, shall not exceed 30% of either 60% or 80% of the area median income based upon household size; and WHEREAS, the Developer has been selected to receive a grant of$25,000.00 from the Town of Barnstable Community Development Block Grant (CDBG) Program. Community Development Block Grant Funds are recognized as qualified housing subsidy program under MGL Chapter 40B. The Town of Barnstable, through its office of Community Development ("the subsidizing agency"), issued a site approval Fetter, dated April 01, 2002; and WHEREAS, pursuant to the requirements of the Comprehensive Permit, the sixteen (16) units are to be developed within eight (8) buildings. There are to be two units per building with the shared common property line located at the centerline of the common building wall. The 16 units are limited to: 2 one-bedroom units, 2 two-bedroom units, 10 three-bedroom units and four-bedroom units. The units shall range in size from 741 sq. ft. to 1,441 sq. ft. The total gross area of all the units shall not exceed 18,000 sq: ft., not including basements. The development is to be single-family F i ownership with a homeowners' association for the common maintenance of the way and common elements; and, Regulatory Agreement Page 3 of 16 WHEREAS, pursuant to the Comprehensive Permit and the Regulatory Agreement, the Developer may not receive profit in excess of 20% of the total development costs; and, WHEREAS, pursuant to requirements of the Comprehensive Permit and this Agreement, the Developer has agreed to retain the Barnstable Housing Authority as the "Monitoring Agent" to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the 20% limitation imposed. The Monitoring Agent shall require a full compilation and certification of total development costs and total revenues, on,a federal income tax basis, prepared and certified by a certified public accountant acceptable to the Monitoring Agent or the town to show that the profit made is within the 20% limitation imposed. Any profit in excess of the 20% limitation rule shall.be governed by the terms of this regulatory agreement. NOW,THEREFORE, in mutual consideration of the agreements and covenants contained herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: w I. PROJECT SCOPE AND DESIGN A. The Project, presently known as "Danvers Way of Hyannis" is located off Route 28 easterly of Pitcher's Way on a defined Roadway known as Danvers Way in Hyannis. The Project will consist of sixteen (16)units in eight(8)�buildings on sixteen (16) proposed lots along Danvers Way. B. The Developer agrees to construct the Project in accordance with Plans and Specifications approved by the Barnstable Zoning Board of Appeals as modified, pursuant to paragraph three (3) on page eight (8) of the Comprehensive Permit. Each of Regulatory Agreement Page 4 of 16 the proposed dwellings is to be located on its own lot yet share a common lot line and wall. The development is proposed to have 2 one-bedroom units, 2 two-bedroom units, 10 three-bedroom units and 2 four-bedroom units. Two of the units are to be designed as handicapped accessible units. All homes are to be affordable units to be sold to qualified low and.moderate-income individuals and-families, as further defined herein. C. The Developer has contracted with McShane Construction Company, Inc., ("McShane" or "McShane Construction")to assist in the development of the property. McShane Construction will build six (6) of the units, which will be sold to first time homebuyers with a maximum annual income of not more that 80% of area median income as defined.lierein. Habitat will build the other ten (10) units that will be marketed to households whose maximum annual income does not exceed 60% of the area median income. The ten Habitat homes will be built with sweat equity by the selected eligible purchaser and with.a significant amount of donated materials, supplies and volunteer labor. Habitat for Humanity will finance the mortgage on its 10 units for 20 years at zero interest. The six (6) McShane units will be conventionally financed and mortgaged through a local bank. Those homes will be marketed by Cape Home Ownership Center of the Housing Assistance Corporation. All of the units will be affordable in perpetuity. D. The Project must be in full compliance with the State Building Code and with all applicable state and federal building, environmental, health,safety and other laws,rules and regulations, including, without limitation, all applicable federal and state laws, rules and regulations relating to the operation of accessible housing for the handicapped'for two (2) of the units. Except to the extent that the Project is specifically exempt from such . compliance by the Comprehensive Permit, the Project must also comply with all applicable local codes, ordinances and by-laws. Regulatory Agreement Page 5 of 16 ' E. The projected sale prices of the units range from $60,000 for the one-bedrooms to $120,000 for the four-bedroom units. The units range in size from 741-sq. ft. to 1,441 sq. ft. The total gross area of all the units is 17,929 sq. ft. The development is to be single- family ownership with a neighborhood association for the maintenance of the way and common elements. The project is to be completed in two phases. Phase one is for the construction of ten (10) units-six (6) McShane units and four(4) Habitat units. The second phase will be the completion of the last six (6) units in the development by Habitat. F. Pursuant to paragraph 24(page 11) of the Comprehensive Permit,the Barnstable Housing Authority shall be the Monitoring Agent for the cost certification and profit limitation of the Development. The Monitoring Agent shall be entitled to a fee of$25.00 for each Unit, $400.00 in all for said monitoring. This fee shall initially be paid by the Developer on or before the issuance of the occupancy permits for the Development. Reference is made to the Monitoring Services Agreement attached hereto as Exhibit C and incorporated herein for particulars. II I'I RESALE RESTRICTIONS and COVENANTS OF PARTIES- AFFORDABLE HOUSING RESTRICTION ("DEED RIDER") - A. The Deed Rider and any affordability criteria in this Agreement are covenants .which run with the land in perpetuity. B. Upon the sale of each of the sixteen (16) units, as a(condition of the sale, the Developer, as Grantor,and the Grantee ("Eligible Purchaser") of each unit shall execute a Deed Rider in the form of."Exhibit B-I".(Habitat-constructed units) or"Exhibit B-2" (McShane-constructed:units)as attached hereto and incorporated herein. This Deed Rider shall be made a part of the deed from the Developer to the Eligible Purchaser. Regulatory / greement Page 6 of 16 C. The Deed Rider shall require that at the time of the initial resale and at all subsequent resales, a similar Deed Rider satisfactory in form:and substance to the Municipality shall be executed and attached and made part of the Deed from the Affordable Unit owner to the Eligible Purchaser, so that the affordability of the Unit will be preserved in perpetuity. D. The initial selling prices for each unit shall be based upon a formula under which monthly housing costs, including mortgage payment, taxes, insurance and homeowners' association fees, shall not exceed 30% of either 60% or 80% of the area median income based upon household size (as the breakdown of said units is specified herein). The v "Maximum Resale Price" shall be determined by multiplying the area median income most recently published prior to the resale by the "Maximum Resale Price Multiplier", which shall be a number derived by dividing the original sale'price of the property by the area median income at the time of the initial purchase. The Deed Rider shall include the "Maximum Resale Price Multiplier"at the time of the initial purchase: III. DEVELOPER'S COVENANTS AND RESPONSIBILITIES A. THE DEVELOPER HEREBY REPRESENTS, COVENANTS AND' WARRANTS AS FOLLOWS: 1. The`Developer: a) is a subordinate organization of Habitat for Humanity International, Inc. located in Americus, Georgia. Habitat for Humanity International, Inc. is an exempt non-profit organization under section 1RC 501(c)(3) and therefore subordinate ' or(,anizations are inclusive within that group exemption. `'Further. an April 4. 2002 letter from William Francis Galvin,Secretary-of Re-ulatory Agreement Page 7 of 16 the Commonwealth of Massachusetts certifies that Habitat for Humanity of Cape Cod; Inc. was incorporation under MGL Chapter 180 as a Charitable Corporation on May 3, 1998; and b) has the power and authority.to carry on its business as now being conducted and has the full legal right, power and authority to execute and deliver this Agreement. 2. The execution and performance of this Agreement by the Developer will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agency or governmental body, and will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Developer is a party or by which it or the Project is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 3. The Developer, at the time of execution and delivery of this Agreement, has good and marketable title to the premises constituting the Project free and clear of any lien and encumbrance(subject to any encumbrance created pursuant to this Agreement;or other permitted encumbrances).: 4. There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights, which; if adversely determined, would materially impair its right to carry on business substantially as now conducted (and,as now contemplated by this Agreement) or would materially adversely affect its financial condition. Regulatory Agreement Page 8 of 16 B. SALE OF UNITS. Except for sales of Units to home buyers as permitted by the terms of this Agreement. Developer will not sell, transfer, lease, exchange or mortgage the Project without the prior written consent of the Municipality. C. EMINENT DOMAIN OR DESTRUCTION OF PREMISES. Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain, repairs shall be made by homebuyers. The Developer agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Developer will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event which caused such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the Project's lenders.. . D. COMPLIANCE. 1. The Developer agrees to comply and to cause the Project to be in compliance with all requirements of the comprehensive permit, and all other applicable law, rules and regulations, and executive orders. The Municipality, the Monitoring Agent or its designees shall have access during normal business hours to all books.and records of the Developer and the Project in order to monitor the Developer's compliance with the terms of this Agreement and with the Comprehensive Permit. 2. The Developer hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of .this Agreement to constitute restrictions and covenants running with the land, Regulatory Agreement ` Page 9 of 16 shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. IV. MUNICIPALITY'S COVENANTS AND RESPONSIBILITIES A. The Municipality agrees that all amounts constituting Excess Profit, if any, shall be deposited in the.Municipality's Affordable Housing Fund. This Affordable'Housing Fund shall be deemed to be a fund for gifts for specific purposes under M.G.L. c. 44 §53A and shall be held in an interest-bearing account used from time-to-time by the Municipality with approval of the Municipality's Housing Committee or any successor committee whose purpose is to advise the Municipality on affordable housing issues, for the purpose of reducing the cost of the Project's Affordable Units for Eligible Purchasers, and for the purposes of encouraging, creating, or subsidizing the construction or rehabilitation of housing for Low to Moderate Income individuals and families elsewhere in the Municipality- B. The Municipality, and any delegate to which the Municipality might assign its rights and duties under this Agreement, agrees that it will use such means as provided in this Agreement and the attached Deed Rider to maintain the affordability of the Unit. V. MONITORING COVENANTS AND RESPONSIBILITIES 'A. The Barnstable Housing Authority (`BHA") agrees to perform the duties'of ` Monitoring Agent and to adhere to the responsibilities as defined in the Monitoring Services Agreement entered between the BHA and the Developer(attached hereto as. Exhibit "C" and made a part of this Agreement). B. For the six (6) units,being built by McShane Construction-the Cape Home Ownership Center of the Housing Assistance Corporation ("CHOC") shall be responsible. for marketino, to qualified buyers and conducting a lottery to select homeowners. Regulatory Agreement Page 10 of 16 ` C. For the ten (10) units being constructed by the Developer, the Developer shall select the eligible purchasers on an open and fair basis consistent with the conditions contained in paragraph 16 (page 10) of the comprehensive permit decision. CHOC shall be responsible for monitoring the eligibility of the purchasers of the ten (10) units to be constructed by Habitat. D. Pursuant to paragraph 24(page 11) of the comprehensive permit decision, the Developer shall produce and deliver to BHA a full compilation and certification of total costs and total revenues of the development, on a federal income tax basis, prepared and certified by a certified public accountant acceptable to the monitoring agent ("Certified Cost and Income Statement") to show that the profit made is within the 20% limitation imposed. E. Within sixty (60) days after delivery of the Certified Cost Income Statement by 1 the Developer to the BHA, the BHA will submit to the Municipality, with a copy to Habitat, its figures and analysis (in a form agreed to by the Municipality). VI. RECORDING OF AGREEMENT. Upon execution, the Developer shall immediately cause this Agreement and any' amendments hereto to be recorded with the Barnstable County Registry of Deeds or, if the Project consists in whole or in.part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively hereinafter the "Registry of Deeds"), and the Developer shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the Developer shall immediately transmit to the Monitoring Agent and the Municipality evidence of such-recording or filing including the date filed thereof, and the instrument, book; page or registration number of the Agreement. . Regulatory Agreement Page I I of 16 VII. LAW GOVERNING AGREEMENT. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part or provision of this Agreement shall not affect.the validity of the remaining portions hereof. VIII. NOTICE. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed Given when delivered by hand or when mailed by certified or registered mail, postage prepaid, return receipt requested, to the"parties hereto at the addresses set forth below, or to such other place as a party may,from time-to-time designate by written notice. Habitat: Habitat for Humanity of Cape Cod, Inc. 657 Route 28 W. Yarmouth, MA 02673 Municipality: Town Manager Town of Barnstable 367 Main Street Barnstable, MA 02630 BHA: Barnstable Housing Authority o Y 146 South Street Hyannis, MA 02601 -IX., HOLD HARMLESS. The Developer.hereby agrees to indemnify and hold harmless the Municipality and/or its"delegate from any and all actions or inactions by the Developer, its agents, servants or employees which result in claims jmade against the Municipality and/or its. Regulatory Agreement Page 12 of 16 delegate, including but not limited to, awards,judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. X. ENTIRE UNDERSTANDING. A. This Agreement and its constituent exhibits marked"A"; "B-1"and "B-2" and "C", hereby made part of the Agreement, shall constitute the entire understanding between.the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. , B. This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in M.G.L. c. 184, Sections 26 and 31 which shall run with the land described in Exhibit,"A" hereto annexed and shall be " ' binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquisition of such a restriction is in the public interest. The Municipality shall not be subject to the defense of lack of privity of estate. `The covenants and restrictions contained in this Agreement shall be deemed to affect the title to the property described in Exhibit "A" XI. TERM OF AGREEMENT. The term of this Agreement shall be perpetual. Regulatory Agreement Page 13 of 16 XII. SUCCESSORS AND ASSIGNS. A. The Parties to this Agreement intend, declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached Monitoring Agreement. B. The Developer intends, declares, and covenants on behalf of itself and its successors and assigns that (i) this Agreement and the covenants, agreements and restrictions contained herein shall be and are covenants running with the land,' encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title; (ii) are not merely personal covenants of the Developer; and, (iii) shall bind the Developer, its successors and assigns and inure to the benefit of the.Municipality and its successors and assigns for the term of the Agreement. XIII. DEFAULT. If.any default, violation or breach by the Developer of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty (30) days after notice to the Developer thereof, then the Monitoring Agent may send notification to the Municipality that the Developer is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Developer will pay all costs and expenses, including legal fees, incurred bythe Monitoring Agent in enforcing this Agreement. XIV. MORTGAGEE CONSENT. The Developer represents and warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed a consent to this Agreement. [end of text; signature pages and acknowledgements follow] Regulatory Agreement Page 14 of 16 s IN WITNESS WHEREOF;we hereunto set out hands and seals this day of May, 2003. } HABITAT FOR HUMANITY OF CAPE COD, INC., the Developer By: 1 Eileen Brady, Preside John rnett, Treasurer TOWN OF BARNSTABLE, the Municipality' By: John C. Klimm, Town Manager TOWN OF BARNSTABLE OFFICE OF COMMUNITY DEVELOPMENT By: NameP inted. Title: BARNSTABLE HOUSING AUTHORITY, Monitoring Agent BY: � �. Thomas K. Lynch,; rector Regulatory Agreement Page 15 of 16 APPROVED AS TO FORM: 4Roert D. Smith,Town Attorney Town of B rns ble Date: b 7 , 2003 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss May 31 , 2003 Then personally appeared the above-named Eileen Brady, the President of Habitat for Humanity of Cape Cod, Inc., who acknowledged the foregoing instrument to be the free act and deed of Habitat for Humanity of Cape Cod, Inc., before me. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS Barnstable,ss June , 2003. Then personally appeared the above-named John Burnett, Treasurer of Habitat for' Humanity of Cape Cod,Inc., who acknowledged the foregoing instrument to be'the free act and deed of Habitat for Humanity of Cape Cod,Inc., before me. Notary Public My commission expires: nd cl Regulatory Agreement Page.16 of 16 , COMMONWEALTH OF MASSACHUSETTS I Barnstable, ss June � .I, 2003 Then personally appeared the above-named John C. Klimm, Manager of the Town of Barnstable, the Municipality, who acknowledged the foregoing instrument to be his. free act and deed, before me. Notary Public jh; /ee sty as Let My commission expires: 3a 8•D J COMMONWEALTH OF MASSACHUSETTS Barnstable, ss June _, 2003 Then personally appeared the above-named/I4_--7//i ( 5ht--/9 , the—Z)MLC70/6 of Town of Barnstable, Office of Community Development, the funding agency, who acknowledged the foregoing instrument to be his/her free act and deed, before me. Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS y Barnstable, ss June , 2003 Then personally appeared the above-named Thomas K..Lynch,Director of the Barnstable Housing Authority,the Monitoring Agent, who acknowledged the foregoing instrument to be his free act and deed,before me. . Cj j .. Notary Public r 19Ce 119d j OG. .;r q My commission expires: 3 a F Bk 17034 Ps 132 �'65379 Regulatory Agreement 06_04-2003 a 03 ° 19" Page 1 of 16 REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS This REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS is made this � day of.June 2003, by and between Habitat for Humanity of Cape Cod, Inc. of 657 Route 28, West Yarmouth, MA 02673 and its successors and assigns ("Habitat" or the "Developer".); the Town of Barnstable, 367 Main Street, Hyannis, MA 02601 (the "Municipality");Town of Barnstable, Office of Community Development, of 230 South Street, Hyannis, MA 02601 ("Funding Agency"); and the Barnstable Housing Authority of 146 South Street, Hyannis; MA 02601 (the "Monitoring Agent"). WHEREAS, the Developer intends to build an affordable housing development known as Danvers Way of Hyannis on a 2.90 Acre parcel, located on Danvers Way, Hyannis, MA, more particularly described in Exhibit"A" attached hereto and made a part hereof(the "Property"); and, WHEREAS, the Developer has been granted a Comprehensive Permit under Massachusetts General Law Chapter 40B by the Barnstable Zoning Board of Appeals to construct sixteen (16) housing units consisting of eight(8) buildings on sixteen (16) proposed lots along Danvers Way. The Comprehensive Permit is recorded at the Barnstable Registry of Deeds in Book 16533, Page 41; and, WHEREAS, the Comprehensive Permit has specified that all of the sixteen (16) units shall be affordable units. Ten of the units shall be affordable to first time homebuyers whose maximum annual income is-not more than 60% of the median income in the Barnstable-Yarmouth Metropolitan Statistical Area ("area median income"). The other six (6) units shall be affordable to first time homebuyers whose maximum annual income is not more than 80% of the area median income. The units r Regulatory Agreement Page of 16 shall be affordable as defined above in perpetuity and subject to a deed restriction requiring the dwellings be owned and occupied by low or moderate-income persons. Each unit shall be set-aside in perpetuity for the public purpose of providing safe and decent housing to persons of low and moderate income. Each unit shall be deemed to be impressed with a public trust. The initial selling prices for each unit shalt be based upon a formula under which monthly housing costs, including mortgage payments, taxes, insurance and homeowners' association fees, shall not exceed 30% of either 60% or 80% of the area median income based upon household size; and WHEREAS, the Developer has been selected to receive a grant of$25,000.00 from the Town of Barnstable Community Development Block Grant (CDBG) Progra►n. Community Development Block Grant Funds are recognized as qualified housing subsidy program under MGL Chapter 40B. The Town of Barnstable, through its office of Community Development ("the subsidizing agency"), issued a site approval letter, dated April 01, 2002; and WHEREAS, pursuant to the requirements of the Comprehensive Permit, the sixteen (16) units are to be developed within eight (8) buildings. There are to be two units per building with the shared common property line located at the centerline of the common building wall. The 16 units are limited to: 2 one-bedroom units, 2 two-bedroom units. 10 three-bedroom units and 2 four-bedroom units. The units shalt range in size from 741 sq. ft. to 1,441` sq. ft. The total gross area of all the units shall not exceed 18.000 sq. ft.. not including basements. The development is to be single-family ownership with a homeowners association for the common maintenance of the way and common elements; and, Regulatory Agreement Page 3 of 16 WHEREAS, pursuant to the Comprehensive Permit and the Regulatory Agreement, the Developer may not receive profit in excess of 20% of the total development costs; and, WHEREAS, pursuant to requirements of the Comprehensive Permit and this Agreement, the Developer has agreed to retain the Barnstable Housing Authority as the "Monitoring Agent" to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the 20% limitation imposed. The Monitoring Agent shall require a full compilation and certification of total development costs and total revenues,on a federal income tax basis, prepared and certified by a certified public accountant acceptable to the Monitoring Agent or the town to show that the profit made is within the 20% limitationi imposed. Any profit in excess of the 20% limitation rule shall be governed by the terms of this regulatory agreement NOW,THEREFORE, in mutual consideration of the agreements andcovenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I. PROTECT SCOPE AND DESIGN A. The Project, presently known as "Danvers Way of Hyannis" is located off Route 28 easterly of Pitcher's Way on a defined Roadway known as Danvers Way in Hyannis. The Project will consist of sixteen (16) units in. eight(8) buildings on sixteen, (16) proposed lots along Danvers Way. B'.. The Developer agrees to construct the Project in accordance with Plans and:Specifications approved by the Barnstable Zoning Board of Appeals as modified., pursuant to paragraph-three (3) on page eight (8) of the Comprehensive Permit. Each of, Regulatory Agreement Pa,—Ye 4 of 16 the proposed dwellings is to be located on its own lot yet share a common lot line and wall. The development is proposed to have 2 one-bedroom units, 2 two-bedroom units, 10 three-bedroom units and 2 four-bedroom units. Two of the units are to be designed as handicapped accessible units. All homes are to be affordable units to be sold to,qualified low and moderate-income individuals and families, as further defined herein. C. The Developer has contracted with McShane Construction Company, Inc., ("McShane" or "McShane Construction") to assist in the development of the property. McShane Construction will build six (6) of the units, which will be sold to first time homebuyers with a maximum annual income of not more that 80% of area median income as defined herein. Habitat will build the other ten (10) units that will be marketed to households whose maximum annual income does not exceed 60% of the area median income. The ten Habitat homes will be built with sweat equity by the selected eligible purchaser and with a significant amount of donated materials, supplies and volunteer labor. Habitat for Humanity will finance the mortgage on its 10 units for 20 years at zero interest. The six (6) McShane units will be conventionally financed and mortgaged throu(Th a local bank. Those homes will be marketed by Cape Home Ownership Center of the Housing Assistance Corporation. All of the units will be affordable in perpetuity. D. The Project must be in full compliance with the State Building'Code and with all applicable state and federal building, environmental, health, safety and other laws, rules and regulations, including, without limitation, all applicable federal and state laws, rules and regulations relating to the operationiof accessible housing for the handicapped'for two (2) of the units. Except to the extent that the Project is specifically exempt from such compliance by the Comprehensive Permit, the Project must also comply with al.1 applicable local codes, ordinances and by-laws. I Regulatory Agreement Page 5 of 16 E. The projected sale prices of the units range from $60,000 for the one-bedrooms to- $120,000 for the four-bedroom units. The units range in size from 741-sq. ft. to 1,441 sq. ft. The total Gross area of all the units is 17,929 sq. ft. The development is to be single- family ownership with a neighborhood association for the maintenance of the way and common elements. The project is to be completed in two phases. Phase one is for the construction of ten (10) units —six (6) McShane units and four (4) Habitat units. The second phase will be the completion of the last six (6) units in the development by Habitat. F. Pursuant to paragraph 24(page 1 1) of the Comprehensive Permit, the Barnstable Housing Authority shall be the Monitoring Agent for the cost certification and profit limitation of the Development. The Monitoring Agent shall be entitled to a fee of$25.00 for each Unit, $400.00 in all for said monitoring. This fee shall initially be paid by the Developer on or before the issuance of the occupancy permits for the Development. Reference is made to the Monitoring Services Agreement attached hereto as Exhibit C and incorporated herein for particulars. IL RESALE RESTRICTIONS and COVENANTS'OF PARTIES- AFFORDABLE HOUSING RESTRICTION ("DEED RIDER") A. The Deed Rider and any affordability criteria in this Agreement are covenants which run with the land in perpetuity. B. Upon-the sale of each of the sixteen(16) units, as a condition of the sale, the Developer, as Grantor,and the Grantee ("Eligible Purchaser") of each unit shall execute a Deed Rider in the form of"Exhibit B-1 (Habitat-constructed units)or '`Exhibits B-2" (McShane-constructed units) as attached hereto and incorporated herein. -This Deed Rider shall be made a part of the deed from the Developer to the Eligible Purchaser. r Regulatory Agreement Pase 6 of 16 C. The Deed Rider shall require that at the time of the initial resale and at all subsequent resales, a similar Deed Rider satisfactory in form and substance to the Municipality shall be executed and attached and made part of the Deed from the Affordable Unit owner to the Eligible Purchaser, so that the.affordability of the Unit will be preserved in perpetuity. D. The initial selling prices for each unit shall be based upon a formula under which monthly housing costs, including mortgage payment, taxes, insurance and homeowners' association fees, shall not exceed 30% of either 60% or 80% of the area median income based upon household size (as the breakdown of said units is specified herein). The "Maximum Resale Price" shall be determined by multiplying the area median income most recently published prior to the resale by the "Maximum Resale Price Multiplier',' which shall be a number derived by dividing the original sale price of the property by the area median income at the time of the initial purchase. The Deed Rider shall include the "Maximum Resale Price Multiplier" at the time of the initial purchase. III. DEVELOPER'S COVENANTS AND RESPONSIBILITIES A. THE DEVELOPER HEREBY REPRESENTS, COVENANTS AND WARRANTS AS FOLLOWS: 1. The Developer: a) is a subordinate organization of Habitat for Humanity International, Inc.,located in Americus, Georgia. Habitatfor Humanity International, Inc. is an exempt non-profit organization . under section IRC 501(c)(3) and therefore subordinate organizations are inclusive within that group exemption,. Further, an April,4, 2002 letter from William Francis Galvin, Secretary of Regulatory Agreement , Page 7 of 16 the Commonwealth of Massachusetts certifies that Habitat for Humanity of Cape Cod, Inc. was incorporation under MGL Chapter 180 as a Charitable Corporation on May 3, 1998; and b) has the power and authority to carry on its business as now being conducted and has the full legal right, power and authority to execute and deliver this Agreement. 2. The execution and performance of this Agreement by the Developer will not violate or, as applicable, has not violated any provision of law, rule or regulation, or any order of any court or other agencylor'governmental body, and will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Developer is a party or by which it or the Project is bound, will not result in the creation or imposition of any prohibited encumbrance of any nature. 3. The Developer, at the time of execution and delivery of this Agreement, has good and marketable title to the premises constituting the Project free and clear of any lien and encumbrance(subject to any encumbrance created pursuant to this Agreement, or other permitted encumbrances). 4. There is no action, suit or proceeding at law or in equity or by or before any governmental instrumentality or other agency now pending, or, to the knowledge of the Developer, threatened against or affecting it, or any of its properties or rights,.which, if adversely determined, would materially impair its right to carry on-business substantially as now conducted (and as now contemplated by this Agreement) or would materially adversely affect its. financial condition. Regulatory Agreement Page 8 of 16 B. SALE OF UNITS. Except for sales of Units to home buyers as permitted by the terms of this Agreement. Developer will not sell, transfer, lease, exchange or mortgage the.Project Without the prior written consent of the Municipality. C. EMINENT DOMAIN OR DESTRUCTION OF PREMISES. Until such time as decisions regarding repair of damage due to fire or other casualty, or restoration after taking by eminent domain, repairs shall be made by homebuyers. The Developer agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Developer will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event which caused such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with the terms of this Agreement, subject to the approval of the Project's lenders. D. COMPLIANCE. I. The Developer agrees to comply and to cause the Project to be in compliance with all requirements of the comprehensive permit, and all other applicable law, rules and regulations, and executive orders. The Municipality, the Monitoring Agent or its designees shall have access during normal business hours to all books and records of the Developer and the Project in order to monitor the: Developer's compliance with,the terms of this Agreement and with the Comprehensive Permit. �. The Developer hereby agrees that any and all requirements of the laws of the Commonwealth of !Massachusetts to be satisfied in order for the provisions of this Agreement to constitute restrictions and covenants running with the land. Regulatory Agreement Page 9 of 16 shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full. IV. MUNICIPALITY'S COVENANTS AND RESPONSIBILITIES. A. The Municipality agrees that all amounts constituting Excess Profit. if any, shall be deposited in the Municipality's Affordable Housing Fund. This Affordable Housing Fund shall be deemed to be a fund for gifts for specific purposes under M.G.L. c. 44 §53A and shall be held in an interest-bearing account used from time-to-time by the Municipality with approval of the Municipality's Housing Committee or any successor committee whose purpose is to advise the Municipality on affordable housing issues, for the purpose of reducing the cost of the Project's Affordable Units for Eligible Purchasers. and for the purposes of encouraging, creating, or subsidizing the construction or rehabilitation of housing for Low.to Moderate Income individuals and families elsewhere in the Municipality. B. The Municipality, and any delegate to which the Municipality might assign its riCF ghts and duties under this Agreement, agrees that it will use such means as provided in this Agreement and the attached Deed Rider to maintain the affordability of the Unit. V. MONITORING COVENANTS AND RESPONSIBILITIES' A. The Barnstable Housing Authority ("BHA").agrees to perform the duties of Monitoring Agent and to adhere to the responsibilities as defined in the Monitoring Services Agreement entered between the BHA and the Developer(attached hereto as Exhibit"C" and made a part of this Agreement). B. For the six (6) units being built by McShane Construction theCape Home? Ownership Center of the Housing Assistance Corporation ("CHOC") shall be responsible for marketing to qualified buyers and conducting a lottery to select homeowners. ._ Regulatory Agreement Page 10 of 16 C. For the ten (10) units being constructed by the Developer, the Developer shall select the eligible purchasers on an open and fair basis consistent with the conditions contained in paragraph 16 (page 10) of the comprehensive permit decision. CHOC shall be responsible for monitoring the eligibility of the purchasers of the ten (10) units to be constructed by Habitat. D. Pursuant to paragraph 24(page 11) of the comprehensive permit decision, the Developer shall produce and deliver to BHA a full compilation and certification of total costs and total revenues of the development, on a federal income tax basis, prepared and certified by a certified public accountant acceptable to the monitoring agent ("Certified Cost and Income Statement") to show that the profit made is within the 20% limitation imposed. E. Within sixty (60) days after delivery of the Certified Cost Income Statement by the Developer to the BHA, the BHA will submit to the Municipality, with a copy to Habitat, its figures and analysis (in_a form agreed to by the Municipality). VI. RECORDING OF AGREEMENT. Upon execution, the Developer shall.immediately cause this Agreement and any amendments hereto to be recorded with the Barnstable County Registry of Deeds or, if the Project consists in whole or in part of registered land, file this Agreement and any amendments hereto with the Registry District of the Barnstable Land Court (collectively, hereinafter the "Registry of Deeds"), and the Developer shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the Developer shall immediately transmit to'the Monitoring Agent and the Municipality evidence of. such recording or filing including the date filed thereof, and the instrument; book, page or registration number of the Agreement. - Regulatory Agreement Page 11 of 16 VIL LAW GOVERNING AGREEMENT. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Any amendments to this Agreement must be in writing and executed by all of the parties hereto. The invalidity of any clause, part or provision of this Agreement shall not affect the validity of the remaining portions hereof. VIII. NOTICE. All notices to be given pursuant to this Agreement shall be in writing and shall be deemed given when delivered by hand or when mailed,by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or to such other place as a party may from time-to-time designate by written notice. Habitat: Habitat for Humanity of Cape Cod, Inc. 657 Route 28 W. Yarmouth, MA 02673 Municipality: Town Manager Town of Barnstable 367 Main Street Barnstable, MA 02630 BHA: Barnstable Housing Authority 146 South Street Hyannis, MA 02601 IX. HOLD HARMLESS. The Dever"oper hereby agrees to.indemnify and hold harmless the Municipality and/or its delegate from any and alf actions or inactions by the Developer,its agents, servants or employees which result in-claims made against the Municipality and/or its Regulatory Agreement Page 12 of 16 delegate, including but not limited to;'awards,judgments, out-of-pocket expenses and attorney's fees necessitated by such actions. X. ENTIRE UNDERSTANDING. A. This Agreement and its constituent exhibits marked "A", "B-l" and "B-2" and "C", hereby made part of the Agreement, shall constitute the entire understanding . between the parties and any amendments or changes hereto must be in writing, executed by the parties, and appended to this document. B. This Agreement and all of:the covenants, agreements and restrictions contained herein shall be deemed to be for the public purpose of providing safe affordable housing and shall be deemed to be, and by these presents are, granted by the Owner to run in perpetuity in favor of and be held by the Municipality as any other permanent restriction held by a governmental body as that term is used in M.G.L. c. 184, Sections 26 and 31 which shall run with the land described in Exhibit "A" hereto annexed and shall be binding upon the Owner and all successors in title. This Agreement is made for the benefit of the Municipality and the Municipality shall be deemed'to be the holder of the restriction created by this Agreement. The Municipality has determined that the acquisition of such a restriction is in the public interest. The Municipality shall not be subject to the defense of Lack of privity of estate. The covenants and restrictions contained in this Agreement shall be deemed-to affect the title to the property described in Exhibit "A XI. TERWOF AGREEMENT. The term of this Agreement,shall be perpetual. Regulatory Agreement Page 13 of 16 XII. SUCCESSORS AND ASSIGNS. A. The Parties to this Agreement intend, declare, and covenant on behalf of themselves and any successors and assigns their rights and duties as defined in this Regulatory Agreement and the attached Monitoring Agreement. B. The Developer intends, declares, and covenants on behalf of itself and its successors and assigns that (i) this Agreement and the covenants, agFeements and restrictions contained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Developer's successors in title-, (ii) are not merely personal covenants of the Developer; and, (iii) shall bind the Developer, its successors and assigns and inure to the benefit of the Municipality and its successors and assigns for the term of the Agreement. XIII. DEFAULT. If any default, violation or breach by the Developer of this Agreement is not cured to the satisfaction of the Monitoring Agent within thirty (30) days after notice to the Developer thereof, then the Monitoring Agent may send notification to the Municipality that the Developer is in violation of the terms and conditions hereof. The Municipality may exercise any remedy available to it. The Developer will pay all costs and expenses, including legal fees, incurred by the Monitoring Agent in enforcing this Agreement. XIV. MORTGAGEE CONSENT. The Developer represents and,warrants that it has obtained the consent of all existing mortgagees of the Project to the execution and recording of this Agreement and to the terms and conditions hereof and that all such mortgagees have executed a consent to this Agreement. [end of text; signature pages and acknowledgements follow] Regulatory Agreement Page 14 of 16 IN WITNESS WHEREOF,'we hereunto set out hands and seals this day of May, 2003. HABITAT FOR HUMANITY OF CAPE COD, INC., the Developer By: ItZ— Eileen Brady, Preside John rnett, Treasurer TOWN OF BARNSTABLE, the Municipality By: John C. Klimm, Town Manager TOWN OF BARNSTABLE OFFICE OF COMMUNITY'DEVELOPMENT By: NameP int A Title: BARNSTABLE HOUSING AUTHORITY, Monitoring Agent BY: ���..�`. �. Thomas K. Lynch,; 'rector Regulatory Agreement Page 15 of 16 APPROVED AS TO FORM: Ro ert D. Smith,Town Attorney Town of B rns ble Date: b ? , 2003 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss May 31 , 2003 Then personally appeared the above-named Eileen Brady, the President of Habitat for Humanity of Cape Cod, Inc., who acknowledged the foregoing instrument to be the free act and deed of Habitat for Humanity of Cape Cod, Inc., before me. Notary Public My commission expires: i#so COMMONWEALTH OF MASSACHUSETTS Barnstable, ss -June , 2003 Then personally appeared the above-named John Burnett, Treasurer of Habitat for Humanity of Cape Cod, Inc., who acknowledged the foregoing instrument to be the free act and deed of Habitat for Humanity of Cape Cod Inc.,,before me. Notary Public My commission expires: vIc ,a Regulatory Agreement Page 16 of 16 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss June i ' 2003 Then personally appeared the above-named John C. Klimm, Manager of the Town of Barnstable, the Municipality,who acknowledged the foregoing instrument to be his free act and deed, before me. Notary Public Jh, lee /0/ ''y 0a Le�� .: My commission expires: 3.a� 01l COMMONWEALTH OF MASSACHUSETTS Barnstable, ss June 2003 Then personally appeared the above-named �i�i��Sj ,q P Y PP /t � of Town of Barnstable, Office'of Community Development, the funding agency, who acknowledged the foregoing instrument to be his/her free act and deed, before me. 1 Notary Public My commission expires: /1;'7�1,!OW, COMMONWEALTH OF MASSACHUSETTS Barnstable, ss June , 2003 Then personally appeared the above-named Thomas K. Lynch,Director of the Barnstable Housing Authority, the Monitoring Agent, who acknowledged the foregoing instrument to be his free act and deed,before me. Notary Public s i 'e /I `di od r r My commission expires: 3 F. a,F EXHIBIT "A" The land in Barnstable (Hyannis), County of Barnstable, and Commonwealth of Massachusetts, together with any buildings thereon, located on Danvers Way and more particularly described as follows: Lots 1, 2A, 3A, 4A, 5A, 6, 7 and 8 as shown a plan titled "Revised Plan of Land Barnstable (Hyannis), MA." for Theo Construction Co., Inc., prepared by Arrow Engineering Inc., 60 East Falmouth Highway, East Falmouth, MA 02536, dated Sept. 24, 1984, recorded with Barnstable Registry of Deeds in Plan Book 401, Page 45. t r EXHIBIT "13-1" AFFORDABLE HOUSING RESTRICTION to be recorded as a Restriction Rider to the Deed from Habitat for Humanity of Cape Cod, Inc. ("Habitat") to , ("Grantee") dated 12003. WITNESSETH: WHEREAS, the Town of Barnstable ("Municipality") has agreed to provide Habitat for Humanity of Cape Cod, Inc. ("Habitat") with funding through its Community Development Block Grant (CDBG) program to assist in the development of a 16 home affordable housing development and has determined that the rights and restrictions granted herein to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the restricting of the rental and resale price of property in order to assure its affordability by future low and moderate income purchasers; and WHEREAS, pursuant to M.G.L. c 408 §§ 20-23, Habitat has undertaken to make application to the Board of Appeals of the Municipality for a Comprehensive Permit - pursuant to the Act wherein all sixteen (16) units will be affordable units; WHEREAS, Habitat for Humanity of Cape Cod, Inc. ("Habitat") has been granted a Comprehensive Permit with Conditions from the Board of Appeals of the Municipality dated January 31, 2003; WHEREAS, ten (10) of the units shall be affordable to first time homebuyers whose maximum annual income is not more than 60% of the area median income. The other six (6) units shall be affordable to first time homebuyers whose maximum annual income is not more than 80% of the area median income. The units shall be affordable as defined above in perpetuity and subject to a deed restriction requiring the dwellings be owned and occupied by low or moderate income persons. Each unit shall be set-aside in perpetuity for the public purpose of providing safe and decent housing to persons of low and moderate income. Each unit shall be deemed to be impressed with a public trust; WHEREAS, the National Affordable Housing Act of 1990 has authorized the Home Investment'Partnerships Act (hereinafter "HOME Program") to provide financial assistance through the U.S. Department of Housing and Urban Development (hereinafter "HUD"), to local governments for increasing the supply of affordable housing; Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 2 of 17 WHEREAS, HUD has promulgated regulations, notices, and requirements as now or hereafter in effect, allowing units of general local government, to form a` consortium for the purpose of obtaining funding as a participating jurisdiction under the HOME Program; WHEREAS, the Barnstable County HOME Consortium (the "Consortium"), consisting of the fifteen towns comprising Barnstable County and Barnstable County was formed to receive HOME funds; WHEREAS, Barnstable County (the "County"), a duly organized and existing unit of government acting by and through its Cape Cod Commission (the "Commission", hereinafter use of the term the "Commission" shall mean the Commission and/or County; as applicable) serves as the lead entity for the Consortium and in this capacity administers the HOME funds; WHEREAS, the Commission has agreed to provide Habitat with funding through its HOME program to assist in the above-referenced development. WHEREAS, the rights and restrictions granted herein to Habitat, to the Municipality, and to the Commission serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the Restriction of the resale price of property in order to assure its affordability by future low and moderate income purchasers; WHEREAS, HUD periodically publishes median income statistics for the BarnstableNarmouth Statistical Area ("the area median income"), which are utilized as the basis for defining low and moderate income; WHEREAS, Habitat and the Grantee are participating in the CDBG Program and the HOME Program and pursuant to the Comprehensive Permit, Habitat has undertaken to build a housing unit on each parcel of land, and in accordance with the CDBG Program and the HOME Program, Habitat is conveying the parcel located at with a housing unit thereon (the "Property"), more particularly described in the Deed to the Grantee at a consideration which is less than the fair market value of the Property; WHEREAS, pursuant to the CDBG Program and the HOME Program, eligible purchasers such as the Grantee are given the opportunity to purchase certain property below the property's appraised fair market value if the purchaser agrees to convey the property on resale to:an eligible purchaser located by Habitat, the Municipality,. or the Commission; or to convey the property on resale directly to Habitat, to the Municipality, or to,the Commission, for a "Maximum Resale Price"; . [also see §3(d) below.] Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 3 of 17 WHEREAS, the "Maximum Resale Price" is intended to insure affordability of the property to a household at 60% area median income; WHEREAS, the "Maximum. Resale Price" shall be determined by multiplying the Barnstable County median family income most recently published prior to the resale by the "Maximum Resale Price Multiplier" as defined herein. The Maximum Resale Price Multiplier shall be a number derived by dividing the original sales price of the property from Habitat to the Grantee by said median income. [For example, if the original sales price of a three-bedroom affordable unit is $65,000.00, and the area median family income at the time of the original sale is $56,500.00, the Maximum Resale Price Multiplier shall be 1.15. The Maximum Resale Price shall be derived by multiplying the Maximum Resale Price Multiplier (1.15) by the most recently published area median income.] WHEREAS, a "Maximum Resale Price Multiplier" equal to is hereby assigned to be used in determining the "Maximum Resale Price" of the Property; NOW THEREFORE, as further consideration from the Grantee to Habitat, the Municipality and the Commission for the conveyance of the Property at a discount in accordance with the CDBG Program and the HOME Program, the Grantee, his heirs, successors and assigns, hereby agrees that the Property shall be subject in perpetuity to the following rights and restrictions which are hereby imposed for the benefit of, and shall be enforceable by, Habitat, or its successors, assignees, agents or designees; by the Municipality, acting by and through its Chief Elected Official, or its successors, assignees, agents, or designees; and by the Commission, or its successors, assigns, agents and designees: 1. Right of First Refusal: (a) When the Grantee, or any successor in title to the Grantee, shall desire to sell, dispose of, or otherwise convey the Property, or any portion or interest thereof,-the Grantee shall notify Habitat, the Municipality and the Commission in writingof the Grantee's intention to so convey the property ("Grantee's Notice"). Within thirty (30) days of the receipt of the Notice from the Grantee, Habitat.shall notify the Grantee in writing (with a copy to the Municipality and the Commission) as to whether Habitat is proceeding to locate an eligible purchaser of the Property or . whether Habitat will exercise its right of first refusal to purchase the Property . ("Habitat's Notice".) If Habitat's'Notice states that Habitat is not proceeding to locate an eligible purchaser and that Habitat shall not exercise its right of first refusal to purchase the Property, or if Habitat fails to give Habitat's Notice within said thirty. (30) days then, and only under such circumstances, the Municipality may, at any time from the thirty-first (31st) day after the giving of the Grantee's Notice to and including the sixtieth (60th) day after the giving of the Grantee's Notice, notify the Grantee in writing (with a copy to Habitat and the Commission) as to whether the Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 4 of 17 Municipality is proceeding to locate an eligible purchaser of the Property or whether the Municipality shall exercise its right of first refusal, to purchase the Property (Municipality's Notice"). If the Municipality's Notice states that the Municipality is not proceeding to locate an eligible purchaser and that the Municipality shall not exercise its right of first refusal to purchase the Property, or if the Municipality fails to give the Grantee the Municipality's Notice within said sixty (60) days, then and only under such circumstances, the Commission may at any time from the sixty-first da (61 St) day after the giving of the Grantee's Notice to and including the ninetieth (90�h) day after the giving of the Grantee's Notice, notify the Grantee in writing (with a copy to Habitat and the Municipality) as to whether the Commission is proceeding to locate an eligible purchaser of the Property or whether the Commission shall ' exercise its right of first refusal, to purchase the Property ("Commission's Notice"). For the purpose of this Affordable Housing Restriction, an "eligible purchaser" shall mean a household with annual income less than 60% of the area median income, adjusted for household size, satisfying the criteria set forth in the Comprehensive Permit and in the CDBG Program and HOME Program guidelines in effect at the time Habitat, the Municipality or the Commission locates such purchaser; and who, if located by Habitat, Habitat locates such purchaser who is ready and willing to purchase the Property within one hundred twenty (120) days of Habitat's Notice; or who, if located by the Municipality, is ready and willing to purchase the Property between one hundred twenty-one (121) and one hundred and eight (180) days of Habitat's Notice; or who, if located by the Commission, is ready and willing to purchase the Property between one hundred eighty-one (181) days and two hundred forty (240) days of Habitat's Notice. (b) In the event that (i) Habitat's Notice states that Habitat does not intend to proceed to locate an eligible purchaser and that Habitat does not intend to exercise its right of first refusal to purchase the Property, or Habitat fails to give Habitat's Notice within the time period specified above within 30 days from Grantee's Notice; and (ii) the Municipality's Notice states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its right of first refusal to purchase the Property, or the Municipality fails to give the Municipality's Notice within the time period specified above within 60 days of Grantee's Notice; and (iii) the Commission's Notice states that the ' Commission does not intend to proceed to locate an eligible purchaser and that the Commission does not intend to exercise its right of first refusal to purchase the Property, or the Commission fails to give the Commission's Notice within the time period specified above within 90 days of Grantee's Notice, the Grantee must use diligent efforts to find an eligible purchaser within a one hundred twenty.(120) day period from the date the Property is put on the market, as determined by the date of the first advertisement for sale, as set forth below. The term "diligent efforts" as used herein shall mean: 1) the placement of an advertisement in the real estate section of Exhibit °B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 5 of 17 at least one newspaper of general circulation for a period of three (3) consecutive weeks which sets forth a customary description of the unit for sale, the Maximum Resale Price, Grantee's telephone number, and the phrase "Sale of unit subject to certain guidelines and restrictions with respect to the maintenance and retention of affordable housing for households of low and moderate income;"and 2) the receipt of satisfactory evidence that the new purchaser qualifies as an eligible purchaser. Upon receipt of said evidence of diligent effort, Habitat, the Municipality, acting through its elected official, or the Commission shall issue a Compliance Certificate in recordable form indicating that said Right of First Refusal restriction has been met. The Compliance Certificate is to be recorded in the Barnstable County Registry of Deeds or registered with the Barnstable County Registry District of the Land Court, as applicable, and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that said restriction has been met. (c) If the Grantee is unable to locate an eligible purchaser within the one hundred twenty (120) days for the date the Property is put on the market, the Grantee may convey the Property to any third party with all restrictions set forth herein, including the Maximum Resale Price for the sale for which an eligible purchaser was not located. (d) In the event Habitat, within the thirty (30) day period from receipt of Grantee's Notice, notifies the Grantee that Habitat is proceeding to locate an eligible purchaser or that Habitat shall exercise Habitat's right of first refusal to purchase the Property ("Habitat's Notice") Habitat may locate an eligible purchaser, who shall purchase the Property at the Maximum Resale Price subject to an Affordable Housing Restriction in the same form as this Affordable Housing Restriction, within one hundred twenty (120) days of Habitat's Notice to the Grantee, or Habitat may purchase the Property itself at the Maximum Resale Price subject to such an Affordable Housing Restriction within one hundred twenty (120) days.of the date of Habitat's Notice to the Grantee. (e) If Habitat shall fail to locate an eligible purchaser who purchases the Property within one hundred twenty (120) days of the date,of Habitat's Notice to the Grantee, and if Habitat fails to purchase the Property itself within said period, then, the Municipality may notify the Grantee that the Municipality is proceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property ("Municipality's Notice"). In this event, the Municipality may locate an eligible purchaser who shall purchase the Property at the_ Maximum Resale Price subject to such an Affordable Housing Restriction, between the one hundred twenty-first (12 V)i day and the one hundred eightieth (180t") day after said: Habitat's Notice is given, or,the Municipality may purchase the Property itself at the Maximum Resale Price subject to such an Affordable Housing Restriction within said periodof time. i Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 6 of 17 (f) If the Municipality shall fall to locate an eligible purchaser who purchases the property between the one hundred twenty-first (121') and one hundred eighth (180'h) day of the date that Habitat's Notice is given, and if the Municipality fails to purchase the Property itself within said period, then, the Commission may notify the Grantee that the Commission is proceeding to locate an eligible purchaser who shall purchase the Property at the Maximum Resale Price subject to an Affordable Housing Restriction between one hundred eight-one (181) days of the date that Habitat's Notice is given and two hundred and forty (240) days of the date that Habitat's Notice is given, or the Commission may purchase the Property itself at the Maximum Resale Price subject to such an Affordable Housing Restriction within said period of time. If more than one eligible purchaser is located by Habitat, the Municipality, or the Commission, Habitat, the Municipality or the Commission, as the case may be, shall conduct a lottery to determine which eligible purchaser shall be entitled to the conveyance of the Property. (g) If an eligible purchaser is selected to purchase the Property, or if Habitat or the Municipality or the Commission elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible purchaser or to Habitat, the Municipality or the Commission, as the case may be, by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Grantee's Notice, (iii) provisions of local building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the Deed from the Grantor to Grantee, (v) a Regulatory Agreement among Habitat, the Municipality, and the Barnstable Housing Authority dated and recorded with the Barnstable County Registry of Deeds in Book ,Page (the "Regulatory Agreement") or any successor regulatory agreement entered into among Habitat, the Municipality and the Barnstable Housing Authority pursuant to the provisions of Section 16 of the Regulatory Agreement, (vi) such additional easements, restrictions, covenants and agreements of record.as Habitat, the Municipality and the County Commissioners consent to, such consent not to be unreasonably withheld or delayed, and (vii)' in the event that the Property is conveyed to an eligible - purchaser, a Deed Rider satisfactory in form and substance to Exhibit °B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 7 of 17 Habitat, the Municipality and the Commission which the Grantee hereby agrees to annex to said deed. 2. Resale and Transfer Provisions: (a) Said deed shall be delivered and the purchase price paid (the "Closing") at the Registry of Deeds in the County where the Property is located, or at the option of the eligible purchaser (or Habitat, the Municipality or the Commission, as the case may be, if Habitat, the Municipality or the Commission is purchasing the Property), exercised by written notice to the Grantee at least five (5) days prior to the delivery of the deed, at such other place as the eligible purchaser (or Habitat, the Municipality or the Commission, as the case may be, if Habitat, the Municipality or the Commission is purchasing the Property) may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the eligible purchaser (or Habitat, the Municipality or the Commission, as the case may be, if Habitat, the Municipality or the Commission is purchasing the Property) to the Grantee, which date shall be at least five (5) days after the date on which such notice is given, and if the eligible purchaser is located by Habitat, or if Habitat is purchasing the Property, no later than one hundred twenty (120) days after Habitat's Notice is given to the Grantee, or if the eligible purchaser is located by the Municipality, or if the Municipality is purchasing the Property, no earlier than one hundred twenty-one (121) days after Habitat's Notice is given to the Grantee and no later than one hundred eighty (180) days after Habitat's Notice is given to the Grantee, or if the eligible purchaser is located by the Commission, or if the Commission is purchasing the Property, no earlier than one hundred eighty-one days (181) after Habitat's Notice is given to the Grantee and no later than two hundred forty (240) days after Habitat's Notice is given to the Grantee. (b) To enable Grantee to make conveyance as herein provided, Grantee may if he so desires 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; all instruments so procured to be recorded simultaneously with the delivery of said deed. (c) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of.Closing, and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by theeligible purchaser or by Habitat, the Municipality or the Commission. (d) Full possession of the Property free from all occupants is to be delivered at the time of the Closing, the Property to be then in the same condition as it is in on the date hereof, reasonable wear and tear only excepted. g Exhibit "13-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 8 of 17 (e) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur, then Grantee shall be given a reasonable time not to exceed thirty (30) days after the date on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen (15) days after notice by Grantee that such defect has been cured or that the Property has been so restored. The eligible purchaser (or Habitat, the Municipality or the Commission, as the case may be) shall have the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority, then the Grantee shall, unless the Grantee has previously restored the Property to its former condition, either: 1) pay over or assign to the eligible purchaser or Habitat, the Municipality or the Commission as the case may be, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonably expended by the Grantee for the partial restoration, or 2) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the eligible purchaser or to Habitat, the Municipality or the Commission, as the case may be, a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by they holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. (f) In the event that (i) Habitat fails to locate an eligible purchaser who purchases the Property within one hundred twenty (120) days after Habitat's Notice is given to the Grantee, and Habitat does not purchase the Property during said period; and (ii) the Municipality fails to locate an'eligible purchaser who purchases the Property between one hundred twenty-one (121) and one hundred eighty (180) days after Habitat's Notice is given to the Grantee, and the Municipality does not purchase the Property within said period; and (iii) the Commission fails to locate an eligible purchaser who purchases the Property between one hundred eighty-one (181) and two hundred forty (240) days after Habitat's Notice is given to the Grantee, and the Commission does not purchase the Property within said period, then following expiration of two hundred forty(240) days after Habitat's Notice is given to Grantee, the Grantee may convey the Property to any third party subject to all restrictions set forth herein, including, the Maximum Resale Price for the sale for which an eligible purchaser was not Located Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 9 of 17 3. Resale and Transfer Restrictions: (a) Except as otherwise stated herein, the Property or any interest, therein shall not at any time be sold by the Grantee, the Grantee's successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all consideration.and payments of every kind given or paid by the eligible purchaser (as located and defined in accordance with Section 1 above) or Habitat, the Municipality or the Commission, as the case may be, to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and - 1) if the Property is conveyed to an eligible purchaser, unless a certificate (the "Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by Habitat or Habitat's designee, and the Municipality acting by and through its Chief Elected Official or it's designee, and by the Commission or it's designee, which Eligible Purchaser Certificate refers to the Property, the Grantee, the eligible purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the eligible purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Affordable Housing Restriction,, and unless there is also recorded a new Affordable Housing Restriction executed by the eligible purchaser which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is satisfactory in form and substance to Habitat, the Municipality and the Commission; or 2) if the Property is conveyed to Habitat, unless a certificate ("Habitat Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Municipality, acting by and through it's Chief Elected Officiali and by the Commission, which Habitat Purchaser Certificate refers to the Property, the Grantee, the Municipality, the Commission and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to Habitat is in compliance with rights restrictions, covenants and-agreements contained in the Affordable Housing Restrictions; or 3) if the Property is conveyed to the Municipality, unless a certificate ("Municipality Purchaser Certificate") is obtained and recorded, " signed and acknowledged by Habitat and by the Commission and by the Municipality, which Municipal Purchaser Certificate refers to Exhibit "13-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 10 of 17 the Property, the Grantee, Habitat, the Commission and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to Habitat is in compliance with rights restrictions, covenants and agreements contained in the Affordable Housing Restrictions; or 4) if the Property is conveyed to the Commission, unless a certificate (the "Commission Purchaser Certificate") is obtained and recorded, signed and acknowledged by Habitat and the Municipality, acting by and through it's Chief Elected Official, which Commission Purchaser Certificate refers to the Property, the Grantee, Habitat, the Municipality and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to the Commission is in compliance with rights restrictions, covenants and agreements contained in the Affordable Housing Restrictions; (b) Any good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate or an Eligible Purchaser Certificate, a Habitat Purchaser Certificate a Municipal Purchaser Certificate, or a Commission Purchaser Certificate referring to the Property as conclusive evidence of the matters stated therein and may record such Certificate in connection with the conveyance of the Property, provided that the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration stated in the Eligible Purchaser Certificate, the Habitat Purchaser Certificate, the Municipal Purchaser Certificate, or the Commission Purchaser Certificate, as the case maybe. (c) Within ten (10) days of the closing of the conveyance of the Property from Habitat to Grantee, the Grantee shall deliver to Habitat, to the Municipality and to the Commission a true and attested copy of the Deed of the Property, together with information as to the place of recording thereof in the public records.. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. (d) Notwithstanding anything to the contrary contained in the Affordable Housing Deed Restriction, the Maximum Resale Price shall not be less than the purchase price which the Grantee paid'for the Property- (e) The Grantee understands and agrees that nothing in this Affordable Housing Restriction or the Regulatory Agreement in any way constitutes a promise or, guarantee by Habitat, theMunicipality, or the Commission that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 11 of 17 4. Owner Occupancy, Restrictions Against Leasing and Junior Encumbrances: The Property shall not be leased, refinanced, encumbered (voluntarily or otherwise) or mortgaged without the prior written consent of the Habitat, the Municipality, and the Commission, provided, however, that this provision shall not apply to mortgages granted in connection with this conveyance. In other words, the Grantee must occupy the Property as his/her year-round residence, and may not rent any portion of the Property without the express written consent of Habitat, the Municipality, and the Commission. Any rents, profits, or proceeds from any transaction described in the last preceding sentence which transaction has not received the prior written consent of,Habitat, the Municipality, and the Commission shall be paid to Habitat, to the Municipality, and to the Commission. In the event that Habitat, the Municipality and the Commission in _ the exercise of their absolute discretion, consent to any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such transaction which exceed the carrying costs of the Property as determined by Habitat, the Municipality, and the Commission in their sole discretion shall be paid to Habitat, to.the Municipality, and to the Commission. 5. Covenants to Run With the Property: (a) The Grantee, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants and assigns to Habitat, its agents, successors, designees and assigns, the Municipality, the Municipality's agents, successors, designees and assigns, and to the Commission, the Commission's agents, successors, designees and assigns, the right of first refusal to purchase the Property as set forth herein, and the right to enforce the rights, restrictions, covenants and agreements set forth in this Affordable Housing Restriction. The Grantee hereby grants to Habitat, the Municipality and to.the Commission the right to enter upon the Property for the purpose of enforcing any and all of the restrictions, covenants and agreements herein contained, and to enforce Habitat's, the Municipality's and the Commission's rights of first refusal to purchase the Property and the rights of Habitat, the Municipality and the Commission to designate a purchaser of the Property as set forth herein, and of taking all'actions with respect to the Property which Habitat, the Municipality or the Commission may determine to be necessary or appropriate, with or without court order, to prevent, remedy or abate any violation of the restrictions, covenants and agreements and to enforce Habitat's, the Municipality's and the Commission's rights of first refusal to purchase the Property and the rights of Habitat, the Municipality and the Commission to designate a purchaser of the Property set forth herein. The rights hereby granted to Habitat, the Municipality and the Commission shall be in addition to and not in limitation of any other rights and remedies available to Habitat or the Municipality or the Exhibit "I3-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 12 of 17 Commission for enforcement of the restrictions, rights, covenants and agreements set forth in this Affordable Housing Restriction. It is intended and agreed that all of the agreements, covenants, rights and restrictions set forth above shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any party holding title to the Property, for the benefit of and enforceable by Habitat, its agents, successors, designees and assigns, the Municipality, its agents, successors, designees and assigns, and the Commission, the Commission's agents, successors, designees and assigns, in perpetuity unless one of the following events occur: 1) the recording of a Compliance Certificate and a new Affordable Housing Restriction- executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is in form and substance satisfactory to Habitat, the Municipality and the Commission, or 2) the recording of an Eligible Purchaser Certificate and a new Affordable Housing Restriction executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Affordable Housing. Restriction the Eligible Purchaser Certificate certifies is in form and substance satisfactory to Habitat, the Municipality and the Commission, or 3) the conveyance of the Property to Habitat and the recording of a Habitat Purchaser Certificate as set forth herein, or 4) the conveyance of the Property to the Municipality and the recording of a Municipal Purchaser Certificate as set forth herein, or 5) the conveyance of the Property to the Commission and the recording of a Commission Purchaser Certificate. (b) This Affordable Housing Restriction and all of the agreements, restrictions, rights and covenants contained herein in perpetuity shall be deemed to be an - affordable housing restriction as that term is defined in M.G.L. c. 184, § 31 and as that term is used in M.G.L. c. 184, §§ 26, 31, 32,.and 33. (c) The Grantee intends, declares and covenants on behalf of himself, his heirs, successors and assigns 1) that this Affordable Housing Restriction and the covenants, agreements, rights and restrictions contained herein shall be and are covenants running with the land, encumbering the Property for the term of this Affordable Housing Restriction, and are binding upon the Grantee's successors in title, 2) are not merely personal covenants of the Grantee, and 3) shall bind the Grantee, his heirs, successors and assigns and inure to the benefit of Habitat, the Municipality and the Commission and their successors and assigns for the term of the Affordable,Housing Restriction. Grantee hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Affordable Housing Restriction to constitute restrictions and covenants running with the land shall be deemed to be satisfied` in full and that any requirements of privity of estate are also deemed to be satisfied in full. Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 13 of 17 (d) Without limitation on any other rights or remedies of Habitat, the Municipality, and the Commission, their agents, successors, designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Affordable Housing Restriction, shall, to the maximum extent permitted by law, be voidable by Habitat, its agents, successors, designees and assigns, or by the Municipality, the Municipality's agents, successors, designees and assigns,.or by the Commission, the Commission's agents, successors, designees or assigns by suit in equity to enforce such rights, restrictions, covenants, and agreements. 7. Notice: Any notices, demands or requests that may be given under this Affordable Housing Restriction shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or such other addresses as may be specified by any party by such notice. Habitat: Habitat for Humanity of Cape Cod, Inc. 657 Route 28 W. Yarmouth, MA 02673 Municipality: Town Manager Town of Barnstable 367 Main Street Barnstable, MA 02630 Commission: Cape Cod Commission .3225 Main Street P.O. Box 226 Barnstable, MA 02630 Grantee: Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed: 8. Further Assurances: The Grantee agrees from time to time, as may be reasonably required by'�Habitat, the Municipality or the Commission, to furnish Habitat, the Municipality and the Commission with a written statement, signed and, if requested, acknowledged, setting forth the condition and'occupancy of the Property, information concerning the resale of the Property and all other information pertaining to the Property for conformance with the requirements of the CDBG Program. Exhibit "13-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 14 of 17 9. Waiver: Nothing contained herein shall limit the rights of the Habitat, the Municipality, or the Commission to release or waive, from time to time, in whole or in part, any of the rights, restrictions, covenants or agreements contained herein with respect to the Property. Any such release or waiver must be made in writing and must be executed by Habitat, the Municipality or the Commission, but shall affect only the rights of the organization so releasing or waiving said rights, restrictions, covenants or agreements. 10. Severability: If any provisions hereof or the application thereof to any person or circumstance shall come, to any extent, to be invalid or unenforceable, the remainder hereof, or the application of such provision to the persons or, circumstances other than those as to which if is held invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. [END OF TEXT— SIGNATURE PAGE FOLLOWS] , Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 15 of 17 Executed as a sealed instrument this day of 2003. Habitat for Humanity of Cape Cod, Inc. Grantee: k By. By. Barnstable County By: By: By: Exhibit °B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 16 of 17 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss: ,.2003 Then personally appeared the above-named President of Habitat for Humanity of Cape Cod, Inc., and acknowledged the foregoing instrument to be the free act and deed of said corporation, before me. Notary Public My Commission expires: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss , 2003 Then personally appeared the above-named Treasurer of Habitat for Humanity of Cape Cod, Inc., and acknowledged the foregoing instrument to be the free act and deed of said corporation, before me. Notary Public My Commission expires: f Exhibit "B-1" Affordable Housing Restriction Habitat/Grantee/HOME Page 17 of 17 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss , 2003 Then personally appeared the above-named , and acknowledged the foregoing instrument to be her free act and deed, before me. Notary Public My Commission expires: f EXHIBIT "B-2" AFFORDABLE HOUSING RESTRICTION to be recorded as a Restriction Rider to the Deed from Habitat for Humanity of Cape Cod, Inc. ("Habitat") to , ("Grantee") dated , 2003. WITNESSETH: WHEREAS, the Town of Barnstable ("Municipality") has agreed to provide Habitat for Humanity of Cape Cod, Inc. ("Habitat")with funding through its Community Development Block Grant (CDBG) program to assist in the development of a 16 home affordable housing development and has determined that the rights and restrictions granted herein to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the restricting of the rental and resale price of property in order to assure its affordability by future low and moderate income purchasers; and WHEREAS, pursuant to M.G.L. c 40B §§ 20-23, Habitat has undertaken to make application to the Board of Appeals of the Municipality for a Comprehensive Permit pursuant to the Act wherein all sixteen (16) units will be affordable units; WHEREAS, Habitat for Humanity of Cape Cod, Inc. ("Habitat") has been granted a Comprehensive Permit with Conditions from the Board of Appeals of the Municipality dated January 31, 2003; WHEREAS, ten (10) of the units shall be affordable to first time homebuyers whose maximum annual income is not more than 60% of the area median income. The other six (6) units shall be affordable to first time homebuyers whose maximum annual income is not more than 80% of the area median income. The units shall be affordable as defined above in perpetuity and subject to a deed restriction requiring, the dwellings be owned and occupied by low or moderate income persons. Each unit shall be set-aside in perpetuity for the public purpose of providing safe and decent housing to persons of low and moderate income.. Each unit shall be deemed to be impressed with a public trust; WHEREAS, the rights and restrictions granted herein to Habitat and to the Municipality serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the Restriction of the resale price of property in order to assure its affordability by future low and moderate income purchasers; Exhibit B-2 Affordable Housing Restriction Page 2 of 13 WHEREAS, the U.S. Department of Housing and Urban Development (hereinafter"HUD") periodically publishes median income statistics for the BarnstableNarmouth Statistical Area ("the area median income"), which are utilized as the basis for defining low and moderate income; WHEREAS, Habitat and the Grantee are participating in the CDBG Program and pursuant to the Comprehensive Permit, Habitat has undertaken to build a housing unit on each parcel of land, and in accordance with the CDBG Program , Habitat is conveying the parcel located at with a housing unit thereon (the "Property"), more.particularly described in the Deed to the Grantee at a consideration which is less than the fair market value of the Property; WHEREAS, pursuant to the CDBG Program, eligible purchasers such as the Grantee are given the opportunity to purchase certain property below the property's appraised fair market value if the purchaser agrees to convey the property on resale to an eligible purchaser located by Habitat or the Municipality, or to convey the property on resale directly to Habitat, or to the Municipality, for a "Maximum Resale Price'; [also see §3(d) below.] WHEREAS, the "Maximum Resale Price" is intended to insure affordability of the property to a household at 80% of area median income; WHEREAS, the "Maximum Resale Price" shall be determined by multiplying the Barnstable County median family income most recently published prior to the resale by the "Maximum Resale Price Multiplier" as defined herein. The Maximum Resale Price Multiplier shall be a number derived by dividing the original sales price of the property from Habitat to the Grantee by said median income. [For example, if the original sales price of a three-bedroom affordable unit is $65,000.00, and the area median family income at the time of the original sale is $56,500.00, the Maximum Resale Price Multiplier shall be 1.15. The Maximum Resale Price shall be derived by multiplying the Maximum Resale Price Multiplier (1.15) by the most recently published area median income.] WHEREAS, a "Maximum Resale Price Multiplier" equal to , is hereby assigned to be used in determining the "Maximum Resale Price" of the Property; NOW THEREFORE, as further consideration from the Grantee to Habitat and the Municipality for the conveyance of the Property at a discount in accordance with the CDBG Program, the Grantee, his heirs, successors and assigns, hereby agrees that the Property shall be subject in perpetuity to the following rights and restrictions which are hereby imposed for the benefit of, and shall be enforceable by, Habitat, or its successors, assignees, agents or designees; and by the Municipality, acting by and through its Chief Elected Official, or its successors, assignees, agents, or designees: ti Exhibit B-2 Affordable Housing Restriction Page 3 of 13 1. Right of First Refusal: (a) When the Grantee, or any successor in title to the Grantee, shall desire to sell, dispose of, or otherwise convey the Property, or any portion or interest thereof, the Grantee shall notify Habitat and the Municipality in writing of the Grantee's intention to so convey the property ("Grantee's Notice"). Within thirty (30) days of the receipt of the Notice from the Grantee, Habitat shall notify the Grantee in writing (with a copy to the Municipality) as to whether Habitat is proceeding to locate an eligible purchaser of the Property or whether Habitat will exercise its right of first refusal to purchase the Property ("Habitat's Notice".) If Habitat's Notice states that Habitat is not proceeding to locate an eligible purchaser and that Habitat shall not exercise its right of first refusal to purchase the Property, or if Habitat fails to give Habitat's Notice within said thirty (30) days then, and only under such circumstances, the Municipality may, at any time from the thirty-first (31 st) day after the giving of the Grantee's Notice to and including the sixtieth (60th) day after the giving of the Grantee's Notice, notify the Grantee in writing (with a copy to Habitat) as to whether the Municipality is proceeding to locate an eligible purchaser of the Property or whether the Municipality shall exercise its right of first refusal, to purchase the Property (Municipality's Notice"). For the purpose of this Affordable Housing Restriction, an "eligible purchaser" shall mean a household with annual income less than 80% of the area median income, adjusted for household size, satisfying the criteria set forth in the Comprehensive Permit and in the CDBG Program guidelines in effect at the time Habitat or the Municipality locates such purchaser; and who, if located by Habitat, Habitat locates such purchaser who is ready and willing to purchase the Property within one hundred twenty (120) days of Habitat's Notice; or who, if Located by the Municipality, is ready and willing to purchase the Property between one hundred twenty-one (121) and one hundred and eight (180) days of Habitat's Notice. (b) In the event that (i) Habitat's Notice states that Habitat does not intend to proceed to locate an eligible purchaser and that Habitat does not intend to exercise its right of first refusal to purchase the Property, or Habitat fails to give Habitat's Notice within the time period specified above within 30 days from Grantee's_ Notice; and (ii) the. Municipality's Notice states that the Municipality does not intend to proceed to locate an eligible purchaser and that the Municipality does not intend to exercise its,right of first refusal to purchase the Property, or the Municipality fails to give the Municipality's Notice within the time period specified above within 60 days of Grantee's Notice; the Grantee must use.diligent efforts to find an eligible purchaser within.a one h u nd red twenty (120) day period from. the date the-Property . is put on the market, as determined by the date of the first advertisement for sale, as set forth below. The term "diligent efforts" as used herein shall mean: 1) the placement of an, advertisement in the real estate section of at least one newspaper of general circulation for a period of three (3) consecutive weeks which sets forth a Exhibit B-2 Affordable Housing Restriction Page 4 of 13 customary description of the unit for sale, the Maximum Resale Price, Grantee's telephone number, and the phrase "Sale of unit subject to certain guidelines and restrictions with respect to the maintenance and retention of affordable housing for households of low and moderate income;"and 2) the receipt of satisfactory evidence that the new purchaser qualifies as an eligible purchaser. Upon receipt of said evidence of diligent effort, Habitat or the Municipality, acting through its elected official, shall issue a Compliance Certificate in recordable form indicating that said Right of First Refusal restriction has been met. The Compliance Certificate is to be recorded in the Barnstable County Registry of Deeds or registered with the Barnstable County Registry District of the Land Court, as applicable, and such Compliance Certificate may be relied upon by the then owner of the Property and by third parties as constituting conclusive evidence that said restriction has been met. (c) If the Grantee is unable to locate an eligible purchaser within the one hundred twenty (120) days for the date the Property is put on the market, the Grantee may convey the Property to any third party with all restrictions set forth herein, including the Maximum Resale Price for the sale for which an eligible purchaser was not located. (d) In the event Habitat, within the thirty (30) day period from receipt of Grantee's Notice, notifies the Grantee that Habitat is proceeding to locate an eligible purchaser or that Habitat shall exercise Habitat's right of first refusal to purchase the Property ("Habitat's Notice") Habitat may locate an eligible purchaser, who shall purchase the Property at the Maximum Resale Price subject to an Affordable Housing. Restriction in the same form as this Affordable Housing Restriction, within one hundred twenty (120) days of Habitat's Notice to the Grantee, or Habitat may purchase the Property itself at the Maximum Resale Price subject to such an Affordable Housing Restriction within one hundred twenty (120) days of the date of Habitat's Notice to the Grantee. - (e) If Habitat shall fail to locate an eligible purchaser who purchases the Property within one hundred twenty (120) days of the date of Habitat's Notice to the Grantee, and if Habitat fails to purchase the Property itself within said period, then, the Municipality may notify the Grantee that the.Municipality is proceeding to locate an eligible purchaser or that the Municipality shall exercise the Municipality's right of first refusal to purchase the Property ("Municipality's Notice"). In this event, the Municipality may locate an eligible purchaser who shall purchase the Property at the Maximum; Resale Price subject to such an Affordable Housing Restriction, between the one hundred twenty-first (,121S) day and the one hundred eightieth (180th) day after said Habitat's Notice is.given, or the Municipality may purchase the Property itself at the Maximum. Resale Price subject to such an Affordable Housing Restriction within said period.of time. Exhibit B-2 Affordable Housing Restriction Page 5 of 13 (f) If more than one eligible purchaser is located by Habitat or the Municipality, Habitat or the Municipality as the case may be, shall conduct a lottery to determine which eligible purchaser shall be entitled to the conveyance the Property. (g) If an eligible purchaser is selected to purchase the Property, or if Habitat or the Municipality elects to purchase the Property, the Property shall be conveyed by the Grantee to such eligible purchaser or to Habitat or the Municipality, as the case may be, by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except (i) such taxes for the then current year as are not due and payable on the date of delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Grantee's Notice, (iii) provisions of local building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the Deed from the Grantor to Grantee, (v) a Regulatory Agreement among Habitat, the Municipality, and the Barnstable Housing Authority dated and recorded with the Barnstable County Registry of Deeds in Book ,Page (the "Regulatory Agreement") or any successor regulatory agreement entered into among Habitat, the Municipality and the Barnstable Housing Authority pursuant to the provisions of Section 16 of the Regulatory Agreement, (vi) such additional easements, restrictions, covenants and agreements of record as Habitat and the Municipality consent to, such consent not to be unreasonably withheld or delayed, and (vii) in the event that the Property is conveyed to an eligible purchaser, a Deed Rider satisfactory in form and substance to Habitat and the Municipality which the Grantee hereby agrees to annex to said deed. 2. Resale and Transfer Provisions: (a) Said'deed shall be delivered and the purchase price paid (the "Closing") at the Registry of Deeds.in the County where the Property is located, or at the option of the eligible purchaser (or Habitat or the Municipality, as the case may be, if Habitat- or the Municipality is purchasing the Property), exercised by written notice to the Grantee at least five (5) days prior to the delivery of the deed, at such other place as- the eligible purchaser(or Habitat or the Municipality, as the case may be, if Habitat. Exhibit B-2 Affordable Housing Restriction Page 6 of 13 or the Municipality is purchasing the Property) may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the eligible purchaser (or Habitat or the Municipality, as the case may be, if Habitat or the Municipality is purchasing the Property) to the Grantee, which date shall be at least five (5) days after the date on which such notice is given, and if the eligible purchaser is located by Habitat, or if Habitat is purchasing the Property, no later than one hundred twenty (120) days after Habitat's Notice is given to the Grantee, or if the eligible purchaser is located by the Municipality, or if the Municipality is purchasing the Property, no earlier than one hundred twenty-one (121) days after Habitat's Notice is given to the Grantee and no later than one hundred eighty (180) days after Habitat's Notice is given to the Grantee (b) To enable Grantee to make conveyance as herein provided, Grantee may if he so desires 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; all instruments so procured to be recorded simultaneously with the delivery of said deed. (c) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing, and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the eligible purchaser or by Habitat or the Municipality. (d) Full possession of the Property free from all occupants is to be delivered at the time of the Closing, the Property to be then in the same condition as it is-in on the date hereof, reasonable wear and tear only excepted. (e) If Grantee shall be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur, then Grantee shall be given a reasonable time not to exceed thirty (30) days after the date on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition hereby provided_ for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen (15) days after notice by Grantee that such defect has been cured or that the Property has been so restored. The eligible purchaser (or Habitat or the Municipality, as the case may be) shall have the election, at either the original or any extended time for performance, to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefore the purchase price without deduction, in which, case the Grantee-shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority, then the Grantee shall; unless the Exhibit B-2 Affordable Housing Restriction Page 7 of 13 Grantee has previously restored the Property to its former condition, either: 1) pay over or assign to the eligible purchaser or Habitat or the Municipality as the case may be, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonably expended by the Grantee for the partial restoration, or 2) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned, give to the eligible purchaser or to Habitat or the Municipality, as the case may be, a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. (f) In the event that (i) Habitat fails to locate an eligible purchaser who purchases the Property within one hundred twenty (120) days after Habitat's Notice is given to the Grantee, and Habitat does not purchase the Property during said period; and (ii) the Municipality fails to locate an eligible purchaser who purchases the Property between one hundred twenty-one (121) and one hundred eighty (180) days after Habitat's Notice is given to the Grantee, and the Municipality does not purchase the Property within said period; the Grantee may convey the Property to any third party subject to all restrictions set forth herein, including, the Maximum Resale Price for the sale for which an eligible purchaser was not located. 3. Resale and Transfer Restrictions:, (a) Except as otherwise stated herein, the Property or any interest, therein shall not at any time be sold by the Grantee, the Grantee's successors and assigns, and no attempted sale shall be valid, unless the aggregate value of all consideration and payments of every kind given or paid by the eligible purchaser (as located and defined in accordance with Section 1 above) or Habitat or the Municipality, as the case may be, to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and - 1) if the Property is conveyed to an eligible purchaser, unless a certificate (the "Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by Habitat or Habitat's. designee, and the Municipality-acting by and through its Chief Elected Official or it's designee,, which Eligible Purchaser Certificate refers to the Property, the Grantee, the eligible purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the eligible purchaser is in compliance with the rights, restrictions, covenants and agreements contained in this Affordable Housing- Restriction, and unless there is also recorded a new Affordable Exhibit B-2 Affordable Housing Restriction Page 8 of 13 Housing Restriction executed by the eligible purchaser which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is satisfactory in form and substance to Habitat and the Municipality; or 2) if the Property is conveyed to Habitat,.unless a certificate ("Habitat Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Municipality, acting by and through it's Chief Elected Official, , which Habitat Purchaser Certificate refers to the Property, the Grantee, the Municipality, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to Habitat is in compliance with rights restrictions, covenants and agreements contained in the. Affordable Housing Restriction; or 3) if the Property is conveyed to the Municipality, unless a certificate ("Municipality Purchaser Certificate') is obtained and recorded, signed and acknowledged by Habitat and by the Municipality, which Municipal Purchaser Certificate refers to the Property, the Grantee, Habitat, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to Habitat is in compliance with rights restrictions, covenants and agreements contained in the Affordable Housing Restriction; or (b) Any good faith purchaser of the Property, any lender or other party taking a security interest in such Property and any other third party may rely upon a Compliance Certificate or an Eligible Purchaser Certificate, a Habitat Purchaser Certificate or a Municipal Purchaser Certificate, referring to the Property as conclusive evidence of the matters stated therein,and may record such Certificate in connection with the conveyance of the Property, provided that the consideration recited in the deed or other instrument conveying the Property upon such resale shall not be greater than the consideration stated in the Eligible Purchaser Certificate, the Habitat Purchaser Certificate or the Municipal Purchaser Certificate, as the case may be. (c) Within ten (10) days of the closing of the conveyance of the Property from Habitat to Grantee, the Grantee shall deliver to Habitat and to the Municipality a true and attested copy of the Deed of the. Property, together with information as to the place of recording thereof in the public records. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. Exhibit B-2 Affordable Housing Restriction Page 9 of 13 (d) Notwithstanding anything to the contrary contained in the Affordable Housing Deed Restriction, the Maximum Resale Price shall not be less than the purchase price which the Grantee paid for the Property. (e) The Grantee understands and agrees that nothing in this Affordable Housing Restriction or the Regulatory Agreement in any way constitutes a promise or guarantee by Habitat or the Municipality, that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. 4. Owner Occupancy, Restrictions Against Leasing and Junior Encumbrances: The Property shall not be leased, refinanced, encumbered (voluntarily or otherwise) or mortgaged without the prior written consent of the Habitat and the Municipality, provided, however, that this provision shall not apply to mortgages granted in connection with this conveyance. In other words, the Grantee must occupy the Property as his/her year-round residence,and may not rent any portion of the Property without the express written consent of Habitat and the Municipality. Any rents, profits, or proceeds from any transaction described in the last preceding sentence which transaction has not received the prior written consent of Habitat and the Municipality, shall be paid to Habitat and to the Municipality. In the event that Habitat and the Municipality in the exercise of their absolute discretion, consent to . any such lease, refinancing, encumbrance or mortgage, it shall be a condition to such consent that all rents, profits or proceeds from such transaction which exceed the carrying costs of the Property as determined by Habitat and the Municipality, in their sole discretion shall be paid to Habitat and to the Municipality. 5. Covenants to Run With the Property: (a) The Grantee, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants and assigns to Habitat, its agents, successors, designees and assigns and to the Municipality, the Municipality's agents, successors, designees and assigns, the right of first refusal to purchase the Property as set forth herein, and the right to enforce the rights, restrictions, covenants and agreements set forth in this Affordable Housing Restriction. The Grantee hereby grants.to Habitat and to the Municipality the right to enter upon the, Property for the purpose of enforcing any and all of the restrictions, covenants:and agreements herein contained, and to enforce Habitat's and.the Municipality's rights_ of first refusal to purchase the Property and the rights of Habitat and the Municipality to designate a purchaser of the Property as set forth herein, and of taking all actions with respect to the Property which Habitat or the Municipality may determine to be necessary; or appropriate, with or without court order, to prevent, remedy or abate any violation of the restrictions, covenants and agreements and:to enforce Habitat's. and the Municipality's rights of first refusal to purchase the Property and the rights of Habitat and the Municipality to designate,a purchaser of the Property set forth Exhibit B-2 Affordable Housing Restriction Page 10 of 13 herein. The rights hereby granted to Habitat and the Municipality shall be in addition. to and not in limitation of any other rights and remedies available to Habitat or the Municipality for enforcement of the restrictions, rights, covenants and agreements set forth in this Affordable Housing Restriction. It is intended and agreed that all of the agreements, covenants, rights and restrictions set forth above shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee, the Grantee's successors and assigns and any party holding title to the Property, for the benefit of and enforceable by Habitat, its agents, successors, designees and assigns and the Municipality, its agents, successors, designees and assigns, in perpetuity unless one of the following events occur: 1) the recording of a Compliance Certificate and a new Affordable Housing Restriction executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is in form and substance satisfactory to Habitat and the Municipality, or 2) the recording of an Eligible Purchaser Certificate and a new Affordable Housing Restriction executed by the eligible purchaser referenced in the Eligible Purchaser Certificate, which new Affordable Housing Restriction the Eligible Purchaser Certificate certifies is in form and substance satisfactory to Habitat and the Municipality, or 3) the conveyance of the Property to Habitat and the recording of a Habitat Purchaser Certificate as set forth herein, or 4) the conveyance of the Property to the Municipality and the recording of a Municipal Purchaser Certificate as set forth herein. (b) This Affordable Housing Restriction and all of the agreements, restrictions, rights and covenants contained herein in perpetuity shall be deemed to be an affordable housing restriction as that term is defined in M.G.L. c. 184, § ,31 and as. that term is used in M.G.L. c. 184, §§ 26, 31, 32, and 33. (c) The Grantee intends, declares and covenants on behalf of himself,.his heirs, successors and assigns 1) that this Affordable Housing Restriction and the covenants, agreements, rights and restrictions contained herein shall be and are covenants running with the land, encumbering the Property for the term of this Affordable Housing Restriction, and are binding upon the Grantee's successors in title, 2) are not merely personal covenants of the Grantee, and 3) shall bind the Grantee, his heirs, successors and assigns and inure to the benefit of Habitat and the Municipality and their successors and assigns for the term of the Affordable Housing Restriction. Grantee hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Affordable Housing Restriction to constitute restrictions and covenants running with the land,shall. be deemed to be satisfied in full and that any requirements men is of rivt of q p y estate are also deemed,to be satisfied in full. t Exhibit B-2 Affordable Housing Restriction Page 11 of 13 (d) Without limitation on any other rights or remedies of Habitat and the Municipality, their agents, successors, designees and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Affordable Housing Restriction, shall, to the maximum extent permitted by law, be voidable by Habitat, its agents, successors, designees and assigns, or by the Municipality, the Municipality's agents, successors, designees and assigns, by suit in equity to enforce such rights, restrictions, covenants, and agreements. 7. Notice: Any notices, demands or requests that may be given under this Affordable Housing Restriction shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid, return receipt requested, to the parties hereto at the addresses set forth below, or such other addresses as may be specified by any party by such notice. Habitat: Habitat for Humanity of Cape Cod, Inc. 657 Route 28 W. Yarmouth, MA 02673 Municipality: Town Manager Town of Barnstable 367 Main Street Barnstable, MA 02630 Grantee: Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 8. Further Assurances: The Grantee agrees from time to time, as may be reasonably required by Habitat or the Municipality, to furnish Habitat and the Municipality with a,written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and all other information pertaining to the Property for ' conformance with the requirements of the CDBG Program. f Exhibit B-2 Affordable Housing Restriction Page 12 of 13 9. Waiver: Nothing contained herein shall limit the rights of the Habitat or the Municipality, to release or waive, from time to time, in whole or in part, any of the rights, restrictions, covenants or agreements contained herein with respect to the Property. Any such release or waiver must be made in writing and must be executed by Habitat or the Municipality, but shall affect only the rights of the organization so releasing or waiving said rights, restrictions, covenants or agreements 10. Severability: If any provisions hereof or the application thereof to any person or circumstance shall come, to any extent, to be invalid or unenforceable, the remainder hereof, or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. [END'OF TEXT— SIGNATURE PAGE=FOLLOWS] Exhibit B-2 Affordable Housing Restriction Page 13 of 13 Executed as a sealed instrument this day of 2003. Habitat for Humanity of Cape Cod, Inc. Grantee: By: By: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss , 2003 Then personally appeared the above-named President and Treasurer of Habitat for Humanity of Cape Cod, Inc., and acknowledged the foregoing instrument to,be the free act and deed of said corporation, before me. Notary Public My Commission expires: COMMONWEALTH OF MASSACHUSETTS Barnstable, ss , 2003 Then personally appeared the above-named , and acknowledged.the foregoing instrument to be her free act and deed, before me. Notary Public. My Commission expires; Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 1 of 13 EXHIBIT C MONITORING SERVICES AGREEMENT THIS AGREEMENT is made as of the day of June, 2003, by and between Habitat for Humanity of Cape Cod, Inc. of 657 Route 28, West Yarmouth, MA 02673 ("Habitat" or "Developer"), and the Town Manager of the Town'of Barnstable, of 367 Main Street, Hyannis, MA 02601 (as the "Municipality"), and the Barnstable Housing Authority, 146 South Street, Hyannis, MA 02601 ("Monitoring Agent"). Background A. The Town of Barnstable Community Development Block Grant("CDBG") Program has provided funding to the Developer for the purpose of financing an affordable housing development containing sixteen (16) residential housing units located on Danvers Way in Hyannis, Massachusetts (the "Project"). Community Development Block Grant Funds are recognized as qualified housing subsidy program under MGL Chapter 40B. B. The United States Housing and Urban Development Agency(HUD),. by and through the Barnstable County HOME Consortium Home Ownership Program has provided funding for the purpose of financing the project. M I Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 2 of 13 C. The Project has received a comprehensive permit from the Zoning Board of Appeals of the Town of Barnstable (the "Municipality") under Massachusetts General Laws, Chapter 40B (the "Comprehensive Permit"). The Comprehensive Permit requires all of the sixteen (16) units to be affordable. Ten (10) of the units shall'be affordable to first time homebuyers whose maximum annual income is not more than 60% of the median income in the Barnstable-Yarmouth Metropolitan Statistical Area ("area median income"). The other six (6) units shall be affordable to first time homebuyers whose maximum annual income is not more than 80% of the area median income. In addition, the Affordable Units will be subject to deed riders governing resale(the "Affordability Requirement") in perpetuity. D. The Developer has contracted with McShane Construction Company, Inc., ("McShane Construction") to assist in the development of the property. McShane Construction will build six (6) of the units, which will be sold to first time homebuyers with a maximum annual income of not more that 80% of the area median income. Habitat will build the other ten (10) units that will be marketed to households whose maximum annual income does not exceed. 60% of the area,median income. The ten . (10) Habitat homes will' be built, with sweat equity by the selected eligible purchaser and with a significant amount of donated materials, supplies and volunteer labor.' Habitat will finance the mortgage on its ten (10) units for 20 years at zero interest. The six (6) McShane units will be conventionally financed and mortgaged through a local bank. Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 3 of 13 Those homes will be marketed by Cape Home Ownership Center of the Housing Assistance Corporation. E. The project is subject to a regulatory agreement (the "Regulatory Agreement") between Habitat, the Municipality and the Barnstable Housing.Authority. F. Pursuant to the Comprehensive Permit, the Developer may not receive profit in excess of 20% of total development costs: G. Pursuant to requirements of the Comprehensive Permit, the Developer has agreed to retain the Monitoring Agent to perform monitoring and enforcement services regarding compliance of the Project with the Affordability Requirement and compliance of the Developer with the Profit Limitation Requirement. H. The Developer has agreed to provide its full cooperation to the Monitoring Agent and to provide said Monitoring Agent any and all documents said Monitoring Agent identifies as being necessary to fulfill its monitoring responsibilities. Agreement For good and valuable consideration. the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows, 3 Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 4 of 13 I. The Developer Covenants and Responsibilities: A. Maintenance of Complete and Accurate Records; Access to CHOC Records (i) The Developer shall keepand reserve full complete and p p true records at its office at 657 Route 28, West Yarmouth, Massachusetts 02673, or at such other place or places as it shall designate by written notice, provided that said change of location is acceptable to the Monitoring Agent. Said records shall show all costs, expenditures, sales, receipts, assets and liabilities, and profits and losses regarding the Project and shall be maintained in, a manner and form satisfactory to the Monitoring Agent and in accordance with sound and accepted accounting principles. The Developer shall punctually make full and proper entries of all business transacted regarding the Project. (ii) For the Affordability Requirement with respect to the ten (10) units being constructed by the Developer, the Developer shall keep and preserve full, complete and true records showing its marketing, its lottery procedure, andthat eligible purchasers are first time h6mebuyers whose maximum annual income is not more than 60% of the area median income. 4 Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 5 of 13 (iii) For the six (6) units being constructed by McShane Construction and being marketed by Cape Home Ownership Center of the Housing Assistance Corporation (°CHOC"), the Developer shall assure through its contract with CHOC, that the Monitoring Agent has access to review CHOC's marketing, lottery procedures and that eligible purchasers are first time homebuyers whose maximum annual income is not more than 80% of the area median income. B. Access to Books and Records- The Developer shall permit the Monitoring Agent or it its representatives to examine or audit the records during normal business hours and shall, upon the Monitoring Agent's request, explain the methods of keeping the records. C. Certified Cost and Income Statement: At the request of the Monitoring Agent, but at least annually from the date of the execution of this agreement, the Developer shall, at its sole expense, deliver to the Municipality and the Monitoring Agent, a full compilation of total development costs and total,revenues on a federal income tax basis, prepared and certified by a certified public accountant acceptable to the monitoring agent (the "Certified Cost and Income Statement"). D. Excess Profits: The Developer agrees to pay all profits.from the Project in excess of the Allowable Profit (the "Excess Profit") to the Municipality to be deposited into the Municipality's Low and Moderate Income Housing Fund to be used by the Municipality for the purposes of encouraging, creating, or subsidizing the construction or rehabilitation of affordable"housing,elsewhere in the Municipality. Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 6 of 13 E. Compliance with Terms of Comprehensive Permit and Regulatory Agreement and Declaration of Restrictive Covenants: The Developer agrees to comply fully with all the terms and conditions of the Comprehensive Permit and the Regulatory Agreement. 11. The Monitoring Agent's Covenants and Responsibilities: The Monitoring Agent shall monitor the compliance of the Project with the Affordability Requirements and the compliance of the Developer with the Profit Limitation Requirement, including, but not limited to, the following.- (A) Receipt of all the Certified Cost and Income Statements. (B) Review of the adequacy and completeness of all Certified Cost and Income Statements received, and the substantive compliance of the Developer with the Profit Limitation Requirement. (C) For review of the substantive compliance of the Project with the Affordability Requirement, CHOC shall be performing the following, pursuant to paragraph 16 (page 10) of the Comprehensive Permit Decision: (i) For the ten (10) units being constructed by the Developer,review of the Developer's affirmative marketing and lottery procedures for eligible purchaser selection; (ii) For the six (6) units being constructed by McShane, CHOC shall market to qualified buyers, develop lottery procedures for eligible 6 L i Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 7 of 13 purchaser selection, run such lottery(s), and select the eligible purchasers; (iii) Review of income certifications with respect to initial sales of Affordable Units; and (iv) Monitoring of resales'of Affordable Units for compliance with income certification as appropriate. The Monitoring Agent shall monitor CHOC's marketing, lottery procedures, eligible purchaser selection and review of substantive requirements of affordability. M (D) So long as the Developer still owns units in the project, preparation annually of a report (the "Annual Compliance Report") to the Municipality on the compliance (i) of the Developer with reporting requirements, (ii) of the Project with the Affordability Requirement and (iii) of the Developer with the Profit Limitation Requirement. The Annual Compliance Report shall indicate the extent of noncompliance with the relevant reporting and/or substantive requirements, and describe efforts being made by the Developer to remedy such noncompliance. (E) Circulation of the'Annual Compliance Report to the Developer, the Municipality and the Building Commissioner of the Town of Barnstable within:60 days of the anniversary date of the signing of this Monitoring Agreement: 7 . f Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 8 of 13 The Monitoring Agent shall provide reasonable supplemental monitoring on its own initiative in order to ensure, to the extent practicable, the compliance of the Project and the Developer with the Affordability Requirement and the Profit Limitation Requirement. The services hereunder shall not include any construction period monitoring. The services hereunder shall include follow-up discussions with the Developer, if appropriate, after an event of noncompliance. III. Monitoring Services Fee. The Monitoring Agent shall be entitled to the following fees: A. For monitoring the developer's compliance with the profit limitation requirement of the comprehensive permit, $25.00 per unit, $400.00 in all, shall be paid by the Developer prior to the issuance of any Occupancy Permits for the development. B. For the six (6) units subcontracted'to.McShane Construction, CHOC is to be paid three (3%) percent"of the°established maximum sales price of each of the affordable units for the services performed according to the terms of this Monitoring. Services Agreement (and referenced in the Regulatory Agreement). This fee shall initially be paid by the Developer on or before the issuance of the Occupancy Permit for each unit_ Thereafter, with regard to resales of the McShane Construction units, said three (3%) percent monitoring fee shall be paid by the Grantee as a closing cost at the time of closing. 8 Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 9 of 13 C. For the ten (10) units to be constructed by Habitat, CHOC is to be paid $75.00 per unit, $750.00 total, for review of the Developer's affirmative marketing, lottery procedures for eligible purchaser selection and income certification of eligible purchasers. This fee shall initially be paid by the Developer on or before the issuance of the Occupancy Permit for each unit. Thereafter, with regard to subsequent resales, an appropriate and reasonable monitoring fee shall. be determined by the monitoring agency and paid by the Grantee as a closing cost at the time of the closing. IV. Enforcement Services. In the event of violations of the substantive or reporting requirements of the Regulatory Agreement or a failure by the Developer to take appropriate actions to cure a default under the Regulatory Agreement, the Monitoring Agent shall have the right, at its discretion, to take appropriate enforcement action against the Developer, including, without Limitation, legal action to compel the Developer to comply with the requirements of its Regulatory Agreement.,The Regulatory Agreement provides for payment by the Developer of fees and expenses (including legal fees) of the Monitoring Agent in the event enforcement action is taken against.the Developer thereunder. The Monitoring Agent shall be entitled to seek recovery of its fees and expenses incurred in enforcing, the Regulatory Agreement against the Developer and to assert a lien on the Project or any portion thereof that is still owned by the Developer to secure payment by the Developer of such fees and expenses. 9 Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 10 of 13 In the event of a violation of the provisions of a deed rider, the Monitoring Agent F and/or the Municipality shall have the right, at their discretion, to take appropriate enforcement action against the unit owner or the unit owner's successors in title, including, without limitation, to compel the unit owner to comply with the requirements of the relevant deed rider. The form of deed rider will provide for payment by the unit owner of fees and expenses (including legal fees) of the Monitoring Agent and/or the Municipality in the event enforcement action is taken against the unit owner thereunder and will grant to the Monitoring Agent and the Municipality a lien on the unit to secure payment of such fees and expenses. The Monitoring Agent and the Municipality shall be entitled to seek recovery of its fees and expenses incurred in enforcing a deed rider against the unit owner and to assert a lien on the relevant unit to secure payment by the unit owner of such fees and expenses. V. Term. The monitoring services are to be provided for the full term of the Regulatory Agreement which is perpetuity. VI. Indemnity. The Developer agrees to indemnify and hold harmless the Monitoring Agent against all damages, costs and liabilities, including reasonable attorneys' fees, asserted against the Monitoring.Agent by reason of its relationship with the Project under this Agreement and not involving the Monitoring Agent acting in bad faith and with gross negligence: 10 Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 11 of 13 VII. Applicable Law. This Agreement, and the application or interpretation hereof, shall be governed by the laws of The Commonwealth of Massachusetts. Vill. Binding Agreement. This Agreement shall be binding on the parties hereto, their heirs, executors, personal representatives, successors and assigns. IX. Headings. All paragraph headings in this Agreement are for convenience of- reference only and are not intended to qualify the meaning of the paragraph. [end of text; signature pages and acknowledgements follow] I - Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have caused this Monitoring Services r-e_ Agreement to be duly executed on this day of June, 2003. HABITAT FOR HUMANITY OF CAPE COD, INC., the Developer By: u Eileen Brady, Presid4nt JooRm�u nett, Treasuwi) TOWN OF 7BASTLE, the Municipality By: John C. Klimm, Town ger Barnstable Housing Authority, Monitoring Agent By: � Thomas K. Lynch; erector. APPROVED AS TO FORM:. Robert D. Smith, Tc Atto ney Ruth J. Weil, Assis ant Town Attorney Town of Barnstable Date: !1,;rru�. Lj 2003 J ' Monitoring Services Agreement Danvers Way of Hyannis Habitat/Municipality/BHA Page 13 of 13 COMMONWEALTH OF MASSACHUSETTS County of Barnstable ss: JVM( -3/ 2003 Then personally appeared the above-named Eileen Brady, President of HABITAT FOR HUMANITY OF CAPE COD, INC., who acknowledged the foregoing instrument to be the free act and deed of Habitat for Humanity of Cape Cod, Inc., before me. KATE iMITCHELL , NOTARYPUBUC co►rvnc dM8@wdxn@ is J1 MyCOMr iNF70MM28,2ppg Notary Public My commission expires: COMMONWEALTH OF MASSACHUSETTS County of Barnstable ss: June 2003 Then personally appeared the above-named John C. Klimm, the Town Manager of the Town of Barnstable, the Municipality, who acknowledged the foregoing instrument to be his free act and deed, before me. Notary Public My commission expires: 3 8 U COMMONWEALTH OF MASSACHUSETTS County of Barnstable ss: Date:�ay , 2003 Then personally appeared the above-named Thomas K. Lynch , Director. of Barnstable Housing Authority, the Monitoring Agent, who acknowledged the foregoing instrument to be his free act and deed, before me. Notary Public My commission expires: 3 , p �� }3 HABITAT FOR HUMANITY OF CAPE COD 657 Route 28 W. YARMOUTH, MA 02673 • 508-775-3559 • FAX: 508-775-8121 March 10, 2004 Ms.Nancy Lamed Building Department Town of Barnstable 200 Main Street Hyannis, MA 02601 Re: Danvers Way of Hyannis Dear Ms. Lamed: In connection with parcels 1 through 10 of the subject project, I am herein furnishing you with a certified plot plan for each of these ten parcels. In addition, I would report that the concrete monuments at all corners of each parcel are scheduled for installation this week. M If you have any questions please call me at (508).833-8324. Again thank you for your continued help. truly your, �' 1 onald S. Dickinson Att. Cc: Vicki Goldsmith SHARING THE BEST IN OURSELVES WITH EACH OTHER Habitat for Humanity gf'Cape Cod is a 501(c), non-pipfit organisation. r o M Id Y 08 W � UJoI r• na W = VNxvi a �}y�mW A� W"o N l CQ �o o 0 of � r6 a Im J g/6 aI � n /'''►1 u �� - O h �' O PII CHERS WA Q f�F •O 1 , `y c4wi� � g .!S�S. _ L<L � ,,/ryf i� C t} s/3 o sr�- S O o, Sis ._ �i ✓I aft Oa t . r 6�ell oos rl ,�"l ` ,N fU O ems,b Val a W b '�/ b J p h ^ / p � •� ' !�Nj I\ 'JG 6d _ fg® � ,j� p�y - i4 M l�v014 Cr �j01O 0 0 I m Z -h. ^� sJ �T , I t.15 8b _ /r �b 17 , n G��f��d I A9 �V Sg � Q 4� 111 ok A/-SU N l I '-'; C � / f 4' � h/� - ��� � '� � N �W � , �8p - �` � ,•� {� 6� 0 N� o o a �u L /r U V o �IA�R SF 3 o � y� o l/ ..1. ' to I^ 6 7o ..O .16niddJ _`� O.6 _ o .. :`� O'n 8' ^ `c'`"� s /^�� •!Z£F,! F 1( 6 �?G k �. ' y �. I�M4 6 �iivs v �/ / r 02, �; S !�/n. s� St�( 1. 1 '� p f�G� t o~ £! hr !. 60 0�o%' <i su: AK �Ga y.1 j �1 ifc K�� da d (0 AN /3/v 3 Ott. Q h hh l I l< ,( I o �O �t b i��.v G3 K 5�3/D-� f fd 6/� 00 � q o f3 F/;� . / %c ,�(-77 k ` o �ATL<7�,� � 3 r yy ®k �.e� �` / y ze Fl N, o l-c- ,Cs 1 I . . /N s a c S 0 /1 0 'g� V O O O O O O O O 4 O 4 lV w] 7 U1 b O ti �7 cr 3 Y AREAS SHAPE lakF LOT SO. FT. ACRES NUMBER s�kp 1 3312 0. 19 16.64 9 2 5189 0. 12 17.38 R�U 28 3 4997 0. 11 17.66 4 5034 0. 12 17.69 go 5 4923 011 17.90 ST ACE N�GNW A� 6 4958 0. 11 17.94 t 7 4892 0. 11 18. 11 149.21 j 8 4926 0. 11 18. 15 --+�. 4'Z Jr „� 3 42' I 9 4909 0. 11 18.26 78 .3 _ 7 10 4941 0. 11 18.30 75. 7g' 00 11 4974 0. 11 18.34 CB l I ghrh�s8s�9'00`E t LOCATION MAPD �, r o , 12 5006 0. 11 18.39 q`-3r.41'� S>>Jib 13 5086 0. 12 16. 12 R .1 mti f A�� 14 4848 0. 11 21.95 "�- EN 1' � -_�,`1 ,�� CLAU070 NETT O O ¢s8 �� �rn CERT. 146,500 15 7130 0. 16 20..33 -� . , 16 8704 0.20 15.07 ROAD 37471 0.86 N/A 'ry`O TO TAL 126291 2.90 NIA 9S' .,90 E RA/IVAGE iry N' .� tb•Oo, AMEN 1' 9 Z h 4 ry 0 0,Jo ' Do � DRAllyq 96:66• ry J EAS r 96 0.0 •r FOR REGISTRY USE ONLY h o ASSESSORS MAP 271, PARCELS 40-1 -_40-8 N� -; 3 i FREDERICK & DEBORAH J MARCEAU 4j CERT 76,562 ZONING CLASSIFICATION: RESIDENTIAL RB AQUAFER PROTECTION OVERLAY: WP OWNER & APPLICANT: �¢O HABITAT FOR HUMANITY OF CAPE COD, INC. h 658 ROUTE 28 WEST YARMOUTH, MA 02673 DEED REFERENCES: / �r Q a1 h BK. 9995 PGS. 108 110 4 h; PLAN REFERENCE: PL. BK. 401 PG. 45 �yt0.,� �p p (y.09' '�! w o x. CAROLE A. SHINE 1 •3j39,, VL, h inCERT. 135,451 988 , APPROVAL SUBJECT TO A COMPREHENSIVE PERMIT DECISION AND NOTICE DATED JANUARY 31, 2003 PURSUANR TO M.G.L. NO ; o CH, 408 SECTIONS 20-23, AND RECIRDED AT THE BARNSTABLE 00A a h �'�►y�`O�' REGISTRY OF DEEDS IN BOOK 16553, PAGE 41 . SIGNED DATE IOU k,53¢ r 9,9 , fs BARNSTAB BOARD OF APPEALS o SEA MEADOW CONDOMINIUM ` r PL. BK. 447 PG. 55 �i of h!,� -0 �r �i Qi � •� ` _` r �53 i 7 39 i ; HAROLD W., JRR & ANNETTF GRANT (()� 700 2� i l i , CERT. 73,947 O '"� / r;✓�53� Q OD ti �00 ytO C) O 1105-9 UA. 14 04 IE_.I"- r- % fMLCLERK OF THE TOWN 0 �s6' m OF BARNSTABLE HEREBY CERTIFY THAT THE 10 o ��E APPROVAL OF THIS PLAN BY THE BARNSTABLE �►- ORAIM�4 6 ME�E BOARD OF APPEALS HAS BEEN RECEIVED AND EASE Nr ti' _ ` RECORDED AT THIS OFFICE AND NO NOTICE ro oo' 1 02 0 �- OF APPEAL WAS RECEIVED DURING THE �'o rV,7�. 8 � TWENTY DAYS NEXT AFTER SUCH RECEIPT o `3>.¢0-� lylo - ' AND RECORDING OF SAID NOTICE tv OR 1p2� oo o o, n h EAS IVAGE Jot Jo oo� -� MEN r 35 DATE BA S ABLE TOWN CLERK t- ELIZABETH A. KELLEY CER 1 82,216 �EPNpNl- VNI 12 0� 13 � 1 72 02 ARNOLD dr KA 1NLEEN KARLSEA CERT. 152,369 lLn �� �� gh• GB FND. �6j0 YY„ 51 d- � � •O�c� N 2.07 ,�•, ti, o• 14 EpMENr o�i 1 `Lg p �' '� 169'22'WA�R5pE •`'*- CB FND. 162�1 E 49 -3.•Z5 a`v coo 5E`1�R ��'�` 40 7�ry 3� DAWAD K/LSHAW Lp 'O S2 �7 yt]„ ,�� CERT. _74,386 15 EXIST/NG L DWELL/NG ,cv cb L 710, ul o, moo•' , r THIA GOD. REIS OQ BK. 14,J85 PG. 323 O N SHED cp w}} i�` to PLAN OF LAND IN HYANNIS, BARNSTABLE, HASSACHUS AS PREPARED FOR I ffAT FOR HUMANFFY OF CAPE COD, INC. I SCALE 1 - 30 JULY 29, 2003 0 15 30 60 90 120 CR rI 2 FND. LAKREN;E R., SR. & MARA A. S/MAS ;+o. 4768 CERT 137,805N82 20'45 , I t ' 235 GREAT WESTERN ROAD t� I CERTIFY ;THAT THIS P.O. BOX 713 .. PLAN` CONFORMS TO THE 1976 RULES & REGULATIONS OF THE WISTERS DEED SOUTH DENNIS, MASS. � y P U M/CREEL£ E. DRE �, �} ��• BK. 11,561 PG. 257 02660 Cam/ DECEMBER 1, 2003 (508) _398-3922 DATE PROFESSIONAL LAND SURVEYOR FAX (508) 398-3063 5054- 00 1• ---------- -yam RIlk- OB TE 2 i y n Lwvs 28 coo R D U T 80' ,ODE, (STAB HIGH -� _ 7 .42 LOCATION MAP 5.79' o� i I I j i i 26•S, v' i r EXISTING c ry f FOUNDA-ION 1 i 2S2•� , r EX/S77NG FOUNDA 77ON ` (� - 4 001 v F I 2�89, EXIS77NG ' Q FOUNDA 77ON cV I EXIS77NG -.. FOUNDA 770N 221�c i 'I .1 '{{I I "AS-BUILT" PLAT PLAN FOR HABITAT FOR HUMANITY LOC. DANVERS WAY HYANNIS, BARNSTABLE, MASS. o SW=SM? WGINSMRIXG TO THE BEST OF MY INFORMATION, g 235 GREAT WESTERN ROAD KNOWLEDGE, AND BELIEF THE 508- SOUTH DEN►�IS,?MASS. 398-3922 02660 FOUNDATION SHOWN ON THIS PLAN 6, , �. DATE SCALE _ HAS BEEN LOCATED ON THE GROUND , , ` . t. AU G 28, 2003 1 " 20' AS INDI CA TED r �9' JOB N0..F REV. 5054--00 �_ DATE PROFESSIONAL LAND. SU EYOR �� ;�'03 REv SHEET 3 _OF 6 C: S8`PROJ 5054-00 dwg 5054-CPP.DWG r , V� a LOCUS 28 Q �� ou OE' eel (5TA NIGNWA Y _ 73.42 75.79 LOCATION MAPSh a� � . i EX7snNG I FOUNDA 77ON I i ?8? � n &n; EXlS77NG FOUNDA 77ON a ?sue•� ' EXIS77Nc 1 FOUNDA 77ON - — W y ?78g. EX7S77NG ` ry FOUNDA 77ON ti i .. I EXIS77NG I FOUNDA 77ON 71 mT x I v ; AS--BUILT" PLOT PLAN FOR , HABITAT- FOR s�so' DANV'ERS WAY HYANNIS BARNSTABLE, LASS. TO THE BEST OF MY I NFORMA TION, 235 GREAT WESTERN ROAD 508- P, 0. BOX 713 F, KNOWLEDGE, AND BELIEF THE 3sa-3s22 SOUTH DENNIS, MASS: 02660 FOUNDATION SHOWN ON THIS PLAN HAS BEEN LOCATED ON THE GROUND °"'AUG 28, 2003 sc"�� 20' AS INDICA TED. a,e REV. SEP 09, 2003 ,SOB NO. 505400 V09 /n��� �`Wt�.�,s�4 W DATE PROFESSIONAL LAND SURI/EYOR REV, SHEET 3 OF 6 .. F C.• S8I PROD 5054_00 dw 5054—CPP.DWG