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0550 LINCOLN ROAD EXTENSION (7)
PROJECT NAME: ADDRESS: Ssn L � -�— PERMIT## PERMIT DATE: MAP: ) a — LARGE ROLLED'PLANS ARE IN: BOX b 8 SLOT Data entered in MAPS- program on: 8 0 BY: q/wpfiles/forms/archive < �i'21 ; 6 6 :fir�,��: SECOND) AMENDED.AN.1D RESTATED.REGULATORY AND USE AGREEMENT 01rnprehensive;Permit Rental] LOCAL INITIATIVE.PROGRAM This Regulatory and Use Agreement (this ".Agreement") is .made this: ��' day of o--� nk, ; 2016, by artd among the Commonwealth of I assachusetts.; acting by and through the: Department of,Housing and Community Development (".DHCD") pursuant to G.I.Q. c.23.B §I as; amended by Chapter 19 of the acts of 2007 ("DHCD" ;: the Town :of Bamstatile (the "Municipaality"), and Living.Independentl,y. F(orever, Inc., a Massachusetts corporation having a mailing address;at 55.0 Lincoln Road Ext;, H. aunts, Massachusetts .02WI -and its successors and assigns("Developer"). RECITALS ,w WHEREAS; 'the Developer:.is,:constructing i htiadi ib rial units at:an existing }Musing developrrment known as "LIFE? at an-approximately 3.39-acre site located on 550 Lincoln Road Ext, in the Municipality, more particularly described in:Exhibit A:attached:.hcreto and made a art hereof "the IDeveloe . P ( �:pmnt"........_... ),.and` WHEREAS.REAS. tbe'Developrnent is to,consisi of seven (1),rental units and twenty-ore (21) for-sale units, and seven (7) of the rmtal units will be rented at.rents specified in section 3-of this v Alrecment to I,taw or Mcadercre Inccinae"}'enants(tile" frt rdallc tinit and WHERE''9 I�HCD has ,pRatnulfated` Regulations at. .6Q. ;Ci;IR S600: (as may be " amended-:from time to.time, the"I ulations") relating"to the issuance:of corpprehensive permits. undo C hapter•-40B, Sections 20-?3, of the Massachusetts General Laws (as may be amended E ' from time to titre, the "Act") an.d pursuant ;thereto :hay issued its CbmPrehensive, Permit Guidelines (the "Guidelines" and; collectively with the ;Regina ions and the Act, the "__Co rehensive Permit itulesp); and W EREAS, pursuant to thc' Act and the final report of the Special Legislative commission Relative to Lo« and Moderate Income Housin Provisions, issued in April 1999, regulations have be promulgated at, 7G,0 C11R 56.00 (the "ReguItttions"} whiclr,establish tl�.e Local Initiative Program ("GAP"');.and "WHL'REAS, DHCT) acts.:as SubsidlA g Agency .for the Developixient pursuant 'to the CoiMpreherts1ve Permit:Rules; and. WFIEREAS,the Board of Appeals of the Mti�nicipality issued a comprphens,ve permit for the-`Developm nt dated: ecen�ber 1.& 1992:and recorded.with the Registry in Bo6k 8.452, Page 114 as node ed, by the folio-yng. deternlinatioils issued by the Board of Appeals:; Amended decision and Notice :dated November 28, I995 recorded with the Registry in Book 9980, Page 273,'1Vlodiflea660. 'f Comprehensive Permit;;dated November 3,:MO recorded with the'Registry.in Book 2524L.Page 295, and:Modif cation,of Cotnpreliensive Perinit dated,May 6 2016 and recorded; with the,Registry. in Book 29759 Page:1 6 {the original"corixprellensive perrriit decision,:as so riodified,>being referred to herein as the'"Comprehensive Permit");and'. WHEREAS,,,.DHGD,the Maacapaiity,and the Developer prevlously" ntered into a Regulatory Agreement and Declaration of Restrictive Covenants for'tbe.Dev lopment"dated March 22, 093, recorded with the,Registry'in$ook 8490=Page'99 (the"1993 Regulatory Agreemert"), a Regulatory Agreement and-Declaration of Restrictive Covenants for the Development dated Decenmber"16, 1996,recorded with the Registry in Book lOS$O Page 21.2 (the"1996 Regulatory;Agreement"),;and an Ame�ided acid"Restated Regulatory and"Use: Agreement dated August 14, 2013 r"eeorded with said Registry in f86607639, Pap.23"4 as ar ended by.a."Rele A ase of Units A-2:and -4 From, and Modification`to,the `.Amen ded aril Restated Regulatory and Use Agreement.; recorded with said.Registry in Book 118 (the "2Q13 Regulatory Ag eemei t"as amended")with respect to the-Del velopmea�t;.and' WHEREAS; pursuant to the Comprehensive Permit and the requirements of the: Comprehensive Permit Rules;-the Ievelopnmentincluding:the units constructed pursuant to the 1993 Regulatory Agreeaiaent and the" 1996 Regulatory Agreement and the 2413" "Re.gulatoty, Agreement as amended and as further amended by this Second Amended and Restated .. Regulatory and.Use Agreenment"is to consist,of a total oflwenty-eight.(2$) units: of which twenty five percent (25%o) (i.e. 7 units) (the "Affordable Units") will be rented to Low or Moderate Income Persons;.and Fariiilids, (as del5 d herein}-at 'rentals specified an this.Agreement, and; twenty-one(21)units.-:J. be market-rate;for sale units"; nd' WHEREAS, the naati'es wis1 to `.and amend the,2013 Regulatory Agreement as'' amended, and ;this Second. Amended and Restated _Regulatory and Use Agreemen# sball supersedte1993Rlatory Agreementndh9 R' pdatr- Agree , h201aa sc Regulatory Agrcernent:as.,amen.ded-'rid' WHEREAS, the parties intend that this Agreemeiat shall serve as a "Use Restriction".'as defined iii.and required by Section 56.0.50 3) of tl e.Regulataons add WHEREAS AS;the-parties recognize thatAf umativie 1 air Marketing(as defined hefcin) 'is an important precondition for;rental;of Affordable'Units and.that local'preferenee cannot'be; granted in-a manner. --results.in a violation%,O applicable fair housing laws,regulations and subsidy programs; and. WHEREAS, the parties recognize that the "Mu ici.pal'ity has an interest in preserving; affordability of` the Afford at le Units and may offer, valuable services in adaiainistratioi , monitoring and enforceffi.etit, NOW,``I�HEREFORE;:in consideration of'fhe agreements hereinafter set forih, and other good and,valuabl°e.consideration,the receipt and sufficiency of which are hereby acknowledged; , ip "and theD6elopet herebygaows;©fCn the Mu f DE�FINI`I'ION& r 1; lr addition to terms de6hedl elsewhere in this A"greemetit,the.following,terms as 2` used in this Agreement shall have.the meanings set forth.`belo�v: Act shall'have.the meaning given swlifterm in.the'Recitals hereof Affirmative Fair,lIousini�Marketih,~Plan shall mean the Affirinative Fair Housing tvlarketir g Plan prepared by the Developer'in accordance with the Guidelines,and approved by DHCI); as fiirther.setfbAh in Section 1. Affordable Units shall.liave:the rixeatzing set forth xn tlie:Reeitals above. Annual Income shall'be deterinined`n the manner set forth in,24 C FR.,5609(or-any successor regu1atiori4- Area shall.n7ean the.Barnstable Metropolitan Statistical Area(MBA) [or HIJD 1vlefro: MR Area(HMFA)] as designated by the l epart went of Housing and;U. .Development Area Median Income("AMl") shall:niean the median.gross income for.the A'rea,:as determined from ti-ne to time by HUD. For purposes of'determi.ning v+fhether Adjusted Family- Income qualifies a tenant for treatment.as a Low or Moderate Income Tenant,the Area Median Income shall beadiusted for fancily -sire: Comprehensive Permit,shall Nvc the meannng�;iyen such term:o the:Recitals herear. Co �prelien.sivc'Perrr�it:Rules:shall a'veth:e meaning g %en such.term:in the'.Recitals hereof: Construction :ender shall mean the lenders) making the Construction.Loan,and its successors.and assigns: Construction l-,oan shall mean the loan to t;l e I)evel«per foi Oz.constriactioi<i`ofdri Develop ent,ff;any; Coi struction:Mortga sliall_m.ean the mortgage from the Devolaper;securing the Construction Loan, if�any:, Event of Default shall`man;a'defWt in,the'observance of anv covenant under this Agreement existing after the ex-piration 'of,any applicable notice and cure periods.. E ecessor.Faril sliall..h'ave the.same, neanin . a ,t reg ilatioIPIs Guidelines shall>have,tlne meaning given such term in the Recitals Hereof.' i lousing Strbstdy Program shall mean airy other state or federal housing subsidy program providing,rental or other subside to-the.Development: Ht7D shall rr eaan the United States Department of Housing and`,rbaw eve opmen. 3 Lender shall mean the Constructian.Lender an ov.thePermanent Lender. .Lowy or Moderate Income Persons.,or Families shall , man persons' or Families whose Annual. IncomO.Ao not exceed eighty percent ($0%} of the Nledian'Incozne for the Area,.And shall also mean persons or FA i zlies meeting such lover income requiremezits as.r ay,be required, under the`Comprehens ye.P.errmt. r :Low or Moderate lneo.me Tenants-sl all, mean Wy. .or Moderate Income Persons or nc Families:who.occupy the Affordable Units: Mortgage shall mean the Construction Mortgage aridtar`the Permanent Mortgage, if any. Permanent Lender shall,mean the lenders)'rrzakingthe Permanent Loan to the Developer, and its>successors and3assigns R if apy. Permanent Loan shall mean the Perin newnay be made<or cormiited to be made by the Per natzent,Lender,to the (Developer after completion of constxuction of the Development, which wvill,relalace the;Construction:Loan;or any subs equent.refinancing thereof, if any. Permanent MortgAg shall paean the mortgage from the:Developer to the Permanent.' Lender securing the.Perznaiaex t Loan;if any. Regulations shall laavethe meaning:gzveii:such.term to the Recitals hereof S lbstantial C`atri l�tiorr shall:have tl c naeanrng given such term to Section 16 hereof` 7 pant Selection Plan shall rrieGur.th `I enarzt:Selectian l''lan:prepared by the;Developer ira; accordance With the Gi idelines and approved by.Ul lC1Dv with such changes thereto>provided that, any substantive changes have;been apcaved Uy tic D.IICD .Terra shall have thc4,rnc iih. g:Set forth zn Section,l Z hereof CONSTRUCT..)<�N"LIGATTOItCS I (a) The Developer'agrees to construct the l?e elcipii ent iri accordance`wvzth plans.anci' specifications approved.by.the Municipality (the `Plans and Specifteatians")and t o accordance with all oii-site and off=site cons.ruction, design and land use%con itians of:the Comprehensive Permit. -All Affordable Units to be constructed as part of the Development must:be simzlar.in exterior appearance to other units in the Development and shall 'be evenly'dispersed throughout. the 'Developnae t I addition; all Affordable Units: must contain complete living facilities znciucting bttt pat limited to a stove,,kitchen cabinets, plumbing fixtures, and sanitary facilities;, all.,as more fully,:shown in the Plans and Specifications. Materials used far the interiors of the Affordable Units must be of good.quality. The Development trust fully cozaaply with the State Building Code.and wztla all applicable state and federal building, eri =ironrriontal„health safety acid' other`laws, :rules, an'd regulations, including:;without limitation all applicable-federal and; state laws,;;rules azad,regulat)ozs relating ti,:the operatonaf adaptable a`nd accesszUte hoiising for' 4 the:handicapped: Except to the extent that;:the Development is exe.m frenim such 0' ''liarice by the Comprehensive Perm it, the Development niust,.also comply with: all applicable local': codes, ordinances.and'by laws: (b) The"Developer shall provide to the Munrcipality evidence that the final plans and specifications for'the Development comply,with.the requireii ents of4he Comprehensive Perin-it and that the Development was .guilt ,substantially in accordance with such plans anti' specifications, (.c) Un ess the same shall:be modified b a change to tholCOmpreltensive T'ermit approved by the Board of Appeals;for theAlunicipality;the bedxvorn'ni�x for the Development shall be"as follows: 2%.of"the:Affordable Unitss'hall be..one bedroom;°units; 5 ofthe.A.tfordable Units shall be two bed' units and: :zero,Of the Affordable Units:shall e three bedroom;units; and; zero of the Affordable Units shall be fouubedroom units A11-Affordable Units to be occupied by families must contain tip=o or more bedroorns. Affordable Units must havetithe following mrniijium areas; one bedroom units 857 squaie.feet two bedroom units - 1,458 square feet three bedroom units. _ square feel four bedroom units- — squtare feet L1SF` RESTRICT ON1RENTALS AND,RENTS' 3'; (a): 7hl e Developer-shall,rent=the<Affordable Units duiring"the Term hereof to 1aow,or oderate<Income:Persons or.E anailies upon.the terms and conditions setfarth:irt the= Comprehensive Permit and this Agrc�e:mcnt. In fulfilling the foregoing::requirement,lDcveloper' will accept referrals of tenants;from.the Public Housing,Authority in the blur ici,pality, and will. not unreasonably refuse:occupancy to any prospective tenants sa referred who otherwise"meet the.requir-ements oftlieTenahf provisions shall not"relieve Developer of any obligations..i:t nay have.under the provisions.of other documents and instruments it has entered.with respect to any applicable I lousing"Subs dy Progra ri;provi ed however, MCD shall have no.obligation hereunder,expressed-or implied,to monitor or enforce> the;applicable requirements o,any such l lousing 'ubsidy Prot rams Notwithstanding anything contained- this;Amended and ,Restated Regulatory and Use Agreement to the contrary, I I1CD' recognizes and agf ees tl at,as required by the Com.prehensive Permit'dnd the Master:Deed creating the Living;lndepend ntly.Forever ondomirrhi ,residency in all of.the 1,1FE units; whether a'ffoidable or nxarket„is subject to the requirement that the.occupants'be learning disabled;adults wllo are accepted as residents by the Developer'based eta an evaluation of the potential mresident's'ability to be safe in a hom:e sctting,evaluation for work readiness, ability tat learn to plan.and:prepare meals,,and;recommendations from the SPED system head,amongst t. 5 criteria. Without limiting the foregoing, the'Developer.may request a rent increase for the Affordable Units to reflect an,increase'in the Area.median income-puVMed'by HUD between the-date of this Agreement and,the date;that'the Units begin to be marketed or otherwise rnade available for rental pursuant to Section 4 below;ifthe IvI'unicipality acid DHCD approve such rent increase in accordance with:,this,subsectinn,tte,Initial Maximum Baits and Utility, All'owandes"for the Affordable Units'In Exhibit A-of the,Agreement shall be"deemed"to be modified accordingly. (b) The annual rental expense for each Affordable:_Unit(equal to the gross rent plus allowances for ell tenant-paid,Lidlitim;.including tenant-paid heat, hot water and"electricity)"shall iiot exceed thirty.percent (30%) of eighty""percent (8Q°Io) of 4N1I, adjusted for IiQusehold,size, assuming that household size:shall be equal to the;number of bedrooms in the Affordable Unit plus one; If rentals-of the Affordable Units a-e subsidized under'any Housing Subsidy Program, then the rest applicable to the Affordable Units may be limited to that permitted by such Housing Subsidy program., provided that the°tenant"s share of rent does:not exceed:the maximum annual rental expense;as prov;sled in This Agreement. (c) A Low or Moderate income Tenant whq,resides in a n,Affordable'Unit,xvho,qualified: 'as a Low`oi Moderate Incomme,Tenant,at the:time of such tenant's initial occupancy at the Develooment and whose income exceeds eighty;percent(8ql/ of the AMI adjusted for household sizes (the"Mi aximiurir Allowable Income")but does'not exceed one;hundred and forty: percent (14t)°/a.) c�( theIvltixin utri"A"llowabte tmcorne .shall cc)ntinu�� to be, treated as~a l,ow or Moderate,lncomc Tenant and;the rn.axiMuni rent set fi6fth"in Section 3.(b) above shall.continue to apply to such tenant. A tenant who resides in an Affordable Unit, who qualified as a Low or Moderate Income Tenant at the time 017. such tenants initial occupancy at the Development"and whose income e puce ds"one humdred;and forty percent(1 0%)of the Maximum Allowable Income shall,from'an:d:after'.the expiration of the.then-current term of such:tenant':`s"lease,no Ionger be'treated a"s am;income eligible tenant,and the Dev11 eloper rnay;charge"the formerly Low. or'Moderate-Income"I'enant.a market rate for. tl're dwellin unit. (d)If at any,tin e:fewer thart-the"ie urr-d i umber ofirnits are I'ascd,:reraied or occupied by Low ar Moderate Income Tenants", the next availaW"unk.s with the sajbe:or greater number of bedroonrs shall all be leased,rented&otherwise made:available to Low or':Moderate Income Tenants until the required nu"mber of utifig occupied by I_;ow"or;Moderate".Income Tenants is again obtained;. (e) I entals:;for"tlrc Affoidable"CJm�ts.shall be:initially established as shown on the, , Rental St]tcdtrle attached as A �ertclx A hereto, subject to change"froial tirrie Co tittle{rf necessary`ta;refIect any changes iet,�Ml) in accordance withthe terms and provisions of this Agreetneht and any applicable Housing Subsidy.Program., Thereafter. the Developer shall annually submit to"the Municipality and DIICD a proposed schedule ofmohthly.reritsaud:utility allowances`for all Afforrdable Units'in`the Development. It is understood that such review rights shall be with>re,spect to:the-maximum rents for all:the Affordable Units, aria riot with respect to the:ten.s', a'maybe paid by individual tenants in;'any given un t.Aenis for the Affordable Units shall:not"be increased above such maximum monthly"rents without DHCD's.prior approvalof either(,)'�a specifrc:regtiesi by the Developer for a rent increase; or(,2)the next arvlual schedule -6 of rents and allowances as;set'forth i the precediiag sentence. Irlotwithstanding the foregoing; rent.increases shall be subject to the-provisions ofoutstanding Teases aiid shall not be implemented without at least 30 days' prior written notice by the Developer to all affected tenants. If the lvltznicrjaality arzd DHCD fail'to respozad to a submission of the'proposed,schedule of rents for the Affordable Units as set forth above within thirty days of the 1vlunicipality's and DHCD's receipt thereof,the Municipality and DHCD.shall be deemed to have approved ithe submission: ( Developer shall obtain znco-me certifications satisfactory in form and in zito DHGD at least aiulually for all Low or Moderate Incciz»e Tenants, Said income enitifieations shall be kept by the manaenent agent £or floe Developrrzent arcf made available to DHC;D and the Municipality upon i eguesti. (g) Throughout thOerm of this.,A.greez7ient, the Municipality shall annually cezti£yin writing to DIICD that' each of the Affordable, Units coiztinues to ..be.an;: A££nrdable :Unit as provided in:sect on.2(c), above; and that the Development`and the Affordable Units have been maintained in a manner consistent with tl%e Comprehensive.Pekmit::Rules.and this Agreement.. Developer shall timely provide the MunicipolAy writh informal on zlecessary for the Municipality to make the deterrninat o.n that each of the Affordable-Units continue to be an Affordable Unitas prtividecl in section 2(c) and:shall :timely .supplement ;said irifonnation of the requesf; of the Municipality., Yailliro.to,comply with this provision will,be`an );vent of Default hereunder if such failure is not cured•to the satistactiozz of the:D.IJ D or tl'e Mun czpalz:ty within thirty (30); days aver the giving cif notice to the:levelc;per: (h,} Prior to tnarkvting or'otherw se mAing.AV1Ai1al le Cor rental any of the units;inthe Development, it Developer shall submit an .Affxr iativc fair Housing Marketing. Plan (also known as an "LT`!lM Plan") ,for INAMs approval•. At a manarnunl'the AFI M .Phan shall meet the;requizein ell ts of the ' iuidelzines,.a5 the;same nnav be:anieneled Frain time to time to cczrnply> with the`.requirements of Aair housing lavirs. The,AI'l.I> Plan,,upoiz..,approval by DHCD, shall: became apart of this'.Ageement•and ~1tall have the samc�'forcc,and lCect as if set out in full in this Agreement. At the op ioi� of the Muzaic palit}; aiid: provided that the, .AbH1V1 Ilan demonstrates (i) the need for the local preference (e g., a disproportionaccly "law rental or owunership affordak�le housing stock:relative:to_need in comparison to the regional,area), aiid,{ii) that'the proposed .local. preference :ill not have-a disparate impact 'on protected classes; the AFIIM lan may also include;a-preference for local residents for up to seventy. percent(70% of the Affordable Units,,; subject to all provisions:: of the Regulations; and :Guidelines. When submitted:;to DHC ) for:approval, the.APHiV1 Plan shauld..be accompanied by a letter from the Chief Executive ftfficer of the Municipality (as that.term is defined• iiz the Itegiilations) tiiFhicli states that the tenant seleeti.on,:and local preference(if any).aspect s of the AFHM Plan have been approved by=the 1V4unzcipality and which state", that the l-unicipality w7l1 perform any aspects`.of the AFIllv!`Plan.which are set;forth as respoiisibilities,of the Municipality in the AFHM,.I'lail, If` the:,(hzef`Executive ©Bice of the Municipality fails�' approve the tenant selection and !o`cal preference fif any) aspects.of-the A.i HM' Plan fftzr the Affordable Units above within thirty (3.0) days of the Municapality's receipt thereof, the Municipality shall be deemed to have approved those aspects of the AF'HM,; Plan. Iz1 addition,. i 'the Development s located in ;the Bost on 7. Cambridge-Quincy; MA NI-l< MSA,.'Standard Metropolitan Statistical Area 'the Developer must list all Affordable Units with the Boston lair l=laustng;<Commission's MetroI ist:(Metropolitan Housing Opportunity Clearing Center}. The Developer agrees: to maintain for at least five .years fcillowiitg:the initial lease-up of.the Development a record of ail tiewspaper ads, o'utreadKIete'rs,:trinsla tions, leaflets, 'and any other .o:utreaeh::efforts as described:in the AF14M Plan.as approved by DHCD: which may be inspected at any time by[?I-ICt), (i) The AFI-IM Plan shall designate entities t6 imptetnent`the plan who>are.qualifid& to perform their duties. DHCD may,requiTa that another entity be .fo.und if DHCD finds that the entity designated by the Devoloper,i's not'qualified: Moreover„DHCD may require,the rernoval of an entity resportstble for a duty, under.the AFRM Plan if that., entity does riot meet its obligations'underthe, AfIN'M.Pt'an. The restrictions. contained herein` are intended to be construed as :an affordaljle housing restriction as defined in Section .31 of Chapter 184 of Massachusetts General:. Laws: which has the benefit of Section 32 of said Chapter. 184, such that. the restrictions contained.: herein shall not be lirnited in duration by any,rule.or operation of lave but rather skull un for the. Term hereof. 1.11.addition, this Agreement:is intended to be superior to'the lien of any mortgage. on the Developtiaent and survive any foreclosure or exercise of any remedies thereunder and the Developer; agrees to obtain any prior lienholder consent v��rtl respect thereto as DHCD shall req;uire'. 7'E A,&.T kLECTI.0N ANII) UCCUPAi�iCY 4: Dmlopei shall use its gaud faith efforts during the 6rm of this Agf.eem'r t to marniain all tlr.e Affordable 1lnits wvii in the!:1)&elopment at full occ4pahey: as set forth in Section 2' liereof. In. marketing and ret tit,ig Ih Affordable. Units; the .Developer shall comply with the Tenant Selection PI<trt:and.�A -e Fatr, Housing Matketi;ng Plan whi'�h :are incorporated' herein by reference with the saute force and effect as if set out i:n this Agreement 5, Occupancy agreemonts For Affordable '`L its shall meet `the requirements of "tlio Comprehensive Permit Rules this Agreement, and the Local lnitiati . .Program. The Developer shall enter into a lease with each tenant for a rninin um term of one year. The (case shall conUii clauses,among others, wherein;eacb:residet t of such Affordable Unit: (a); certifies the 4ec4r< .of tl e'.statentents made in the application, and ;income; survey (b)' agrees that the family irrcbme family composition and other eligibility requirements, shall be deemed substantial and material obligations;ol his or'her occupancy; that he or she will entrtply promptly with all requests for information vrith respect thereto from 'Developer, the 1'vMunicipality, or XICD; and that his or her failure or reftrsal to comply with a: request for information with respect thereto. shall be deemed a violation of a substantial obligation.of his:or her occupancy; and (c): agrees that at such tine as Developer the"Muntcipalrty or DHGD may direct;.,he or .slie w fl "furnish ,to Developers' certification, of then, current family :income; witk7 .such documentation as th Municipality' or I)ZiCI) shall reasonably require; ;and agrees to sucb charges as the 1Vluriicipality or DHC+D has previously approved for any facilities and%dx services which may be furnished by Developer or: others to such :resident .upon his or, tier request; in addition to the <facilitics included in the,rentals; as amended from: time to time pursuant to Section 3;above. MAN GEMENT'OF THE DEVELOPMENT 6. Developer shall maintain the Development in good physical condition in accordarice with DIJCD's :requirements and standards and the regtitremerits and'standards of'the Lender ordinary wear and tear-and casualty excepted. Developer shall. pro�Tide for the. rrmanagemen"t of the Development in;a manrEer that is collsisteiit with accepted practices.ai rt.iradustry standards for the management of multi-family;markeCrate rental housing. Not«ithstanding the foregoing, DHCD sl al.l have no 'obligation hereunder, expressed or implied, to monitor or enforce .any such standards orjeQuirements and, further, DHCD has not revie ked nor approved the Plans and Specifications for compliance wihda lo cods rothet , a jaws., CHANGE IN,COMPO ITIONOF DEVELOPF"it.E,.N`i'ITY; RESTFtICT.IOP►S ON T1�AN SFERS 7. {a). Except-for rental.of Units to Low or Moderate Income Persons or Families as permitted try the terms of this Agreement,and except for the for-sa.le dwelling the Developer will not;sell, transfer, lea. _ exchange, or a tartgage the Proje }r any portion thereof or interest therein without the prior written consent of DHC,,D.aaid the Municipality tltrout h the Toning j Board of Appeals The transfer to any entity that is not a rion-profit organization which has as its; principal'purpose the provision of services;to learning disabled.adults,shall be deemed a substantial modiltcation. any such ownership by an entity Mat.isnot a lion-profkorganization �vlaose principal purpose is the provision of serviees:education andserv�ces tea. adults with learning.disala'lifl: shall be conditioned an stick entityc�ualifVing as a I.,in�ited Div dezad; Oigantzaton to:accordance with tkie act a� Gi,euterng into a'Rcgukator Agreement or an endiheri"t hereof with Dl-lCD and ate Municipality kvh Gh ihcorporakes suc2i other regulatory provisions as may be required.by the Act if.DHCD arid'the Municipality grant such consent;the Developer agrees to secure`frbtn the transfe ee a written agreement starting that the'transferee will; asstitme %n;ftill the Developerys obligafiions and duties ua�der this'Agreeznent; (b) The,l)evekoper shall provide DHCD and the Municipality with,thirty (30)"bays' prior written notice of the:fc llowifig {i) arty-,change, substitution or withdrawal of Any general, partner, manager, or agent <. of beve br)er; or {ti) the conveyance assignment, transfer, or relit:c{uas.,ment of a majority of the: I3eneftcial Interests (hereine clefihed) in Developer, (except for such a.conveyance; assigru A 9 J transfer or relinquisturent among :holders of ;Beneficial Interests' as ,of the, date of this Agreement). For purposes hereof; the term "Beneficial Interest" shall 'mean: (i) with .respect to a partnership,,,any limited partnership interests or other rights to recei e.:income, tosses;.or.a return on equitycontrioutions trade to such"partnership;(ii) with respect to a limited liability company, -any mteres,ts as a rhember,of'sizcli company of:other.rights"to receive income, lasses, ora return .on equity eontrilutions made:to such:company; or(iii) with respect to�a company or coiporation: any interests as an officer, board ri eznbei or stockholder of.su'h company or eorpoxafiaon to receive income,,losses,.rir a retuzn on;eq,uity contributions made;to°such eoznpany or'corporatiori;, BOOKSTAND=RECORDS 9, All records, accounts; books, tenant lists; applications, Naittig lists; documents, and contracts relating to the Developer's.compliance with the requirements of this Agreement shall at ail times be kept separate and identiffi ble fzci n any other business of Developer which is unxelated to the :L?cvel.opnlenk„ and shall be mam.Pained as requ.ired 'by p licable regulations and/or guidelines issued,by D1-1~CD f-bin tame to t:me;,in a reasonable`cond:ition for proper:audit and subJect to e arxzzna.tion. during business li.ours, by repxesentatives. of DH"CD 'or the Municipality. Failure"to keep such biir ks and aceourits:and/or ztiake them availablel&the D14CD` or the Mt nzczpality will be an Event of ..1.)fault :hereunder if:aczch failure, is not cured to,the; saaciozf the::fICvor the N h (30):days after the'giving of zioticc o_f o ir the Developer._ FINANC(AL STATEMINTS AND O) C'UPANCY REPORTS 9. Atthe equest ofDI C,D,"ortlie Municipality Devc>loper shall furnish financial statements and occupancy reports and shall live specific answers to cjue"stioris upon which info' ation is reasonably desired from tine to time relative to the o. .nership:and operation of the Developmerit as it Pertains to the Developer's compliance w��ith tl�e regtiirements of this Agreement. M CHANGE OF DEVELOPMENT'S USE 10:1 Except to the exteztt pe.rmitted in'connection�Nith a'change to the Comprehensive Permit approved:in"accordance:�vitli the l�egt�latiorzs or asset forth in Sectroft below, Developer shall; not,:without prior,written approval,of DIICD An&the Municipality and an amendment to the Agreement change tlie.type"orrnumlier of taffordahle Units. Ieveloper shall no Perm the zase ofthe dwelling accommodations ofthe Development for any purpose:except residences and any other useT exzizitted by'the Cornprelfeisive Pern�itunless the Dev'el'opinent is in eorriplaance with: other applicable zoning in effect at the:time of such;change; 10 NO 01SCWMINAT16N l l:. (a) There slall.be no discriminatiori ;upon the basis of race; color, creed, religious creed, national origin;`sex, sexual orientation, age, ancestry;;handicap, or marital status.or any: other basis prohibited by lave in the Lease, use, orbccuparzcy of.the Development(provided that if" the Development qualifies aselde'fly housing,under applicable state and Federal law. occupancy znay be ;restricted to the elderly in accozdarice with said lawTs) or in connection with the. employment or,application fc r em loyment of persons for.the`operation az d:man' ernent.of the Development. '(b) There- shall be full compliance vi°itli the provisions`oF all state or local, .laws prohibiting discziminalion in housing on the basis of race, creed, color, religion, disability, sex, sexual orientation, national origin, age, FarnilW status, ar any other oasis prohibit d by law'and providing For txcindiscrin�inati:on and equal opportunity in liousmg, 'including «Jtl out limitation: in the implemet tatioz of ai y local' preference ;established under the Coz7iprehe Ysive Permit. Failure or refusal to cnrxzply with any such provisions shall be;a,proper basis for the Municipality, or DDHCD.to take any corrective action-it may deem necessary. DEFAULTS; REMEA)!ES 12: (a) If any default,violas con, or breach of anyT`pro is on oFtliis Agreenierit by the 17evclolaer is not cured:to the satisFac"tion of the Dl1CD orjhe lufunicifiality within thirty (3` ) days after,the giving of notice to the:eveloper as,provid�d he rt in, then,at DHCD`s option,and without further notice, the DHCD or the Muriicipalfty may other tc rnlinate this Agreement, or DHCD orAlle munxcip,ity may apply-tQ any�state or federal court for'spccif c perto:rmance of this-Agrecznent',or DIICD or`the lvlunicip ility may exercise any other remec v at law or in equity or ttike any other action as may ben ecessary czr d szrable to correct neincomplaancc tititth this Agreement: 1F any'default;..violatibn,oz,breach of any provision afthis Agreenent by the Municipality is not cured to the .satisfaction or DI-ICD Nvithin thiz•ty ( }days after the liv ngpf notice to the MitzlicipaJ.:ty as.provided herein, them:DI1CD ntay`appl.y to any state or:fed'eral court For specifi- perfc tm u�ce of ih.iS,Agrecrncnt, or n,ay exerc;,ise any other'rernedy at'law or,u equity or take any other`action as'may the'necessary tc>,correct tcii�compliance-with tlxis Agreement. 'I'kid thirty (30}day cure periods set.Forth in this paragraph sl1WI be extended For such period oFtizne as may be'nepessary to'curc such'a default so long as the De�iel,oper or Ilse lvlunicipality; as the case may be, is diligent]}r prosectiti.ng stzcll a cure, (b): if DHCD elects'to-te-:urinate this Agreen rnt as the result of an uncured b'tea&h violation, or default hereof,, then whether, the Affordable tl.nits contizlue to be included in the St 'di Eloitsi:ng lrventory rziaintai.ned by DHCD Fo:r purposes of the Act:shall :from the date of such temiination be.determined solely by DI.1C ''according to the,rules and.regulations then in effeGfi ,. , . , (c) Jti the' event DJJCD or the Municipality bungs an action to, enforce this. FZestnction and prevails to any such action,.DHCI? car the Municipality shall be enfitled to recover,froiza the:Developez all;of DF1;.0 reasonable costs of,an-action for;such enforcement of`. this'Restriction .iiiclttdzng.reasonable attorneys' fees; • • l i (d) The Developer hereby grants to 1140 and the 1Vlunicipality`ar its designees.the right to enter upon theDeveloprnent for the purpose of enforcing the.terms of"this Agreement,or, to prevent, remedy or abate any violation of this Agreement. MONITORING-AGENT; SUCCESSOR SUBSIDIZING-AGENCY 13 DHCD intends to monitor the Developer's cotnpfian,e with the :requirements of this Agreement: DHCD shall have the right to engage a third party (the ``Monitoring Agent") to monitor compliance with all or a portion-at the :ongoing requirements of this Agreement. in carrying out its oliligations,as:a Monitoring Agency the thk party shall;appl} and adhere to the standards and policies of C?11CD related- to the. adminastratiye responsibib I S. of Subsidizing; Agencies.: Dl-1CD shall notify the Developer and.the.Municipality n the event DHCD engages"a Monitoring Agent) The Deve oper hereby agrees; the Monitoring,Agent'shalI i'aaVe the same rights, and be awed the same duties, as the DI-I.CU under this Agreement, and shall act on behalf of the DHCD hereunder, to the extent that the DHCD delegates its,rights and duties by written agreement with the Monitoring Agea CONSTRUCTI4N ANll FINAL, rOSTCFRTWICATIQ 14 The Developer shall provide to the Municipality evidence that the filial plazas and= specifications for the Development comply with the requirements"of`tlie Comprehensive:Permit and that the Development was built substEtr tially in accorclartee with such plans and specifications:: 15 lJpon Substantial Corpletion., the Developer :shall prcavid'e the Municipality with certificate of the architect fits the 'IJevelopment in the form of a "Certificate: of Substantial Completion" (AZA .C'ornt (1704) or'such other form of:complet:ion cettificate acceptable to the UInicipal`ty, 1 Ci Within of c huntlrcd eighty (1$4) nays ai er Siil}staritial Caxnpleti6n of the Project, the Pic jest Sponsor shall complete anti:deliver to the Municipalit} and tit DHCD the developrne7 t pro forma submitted a 'part of the Local: Initiative Program Application for Coinpreliensive Permit Projects (the OneStop Application pro. form a, profit analysis, and cost 'analysis), documenting the actual development costs of thd'income from the Project, prepared"and signed by the Chief Fffiancial Officer of the Project Spo;nsor,. Substantial Completion shall be;deemed to have occurred when:construction,of the Project is sufficientlyi complete so that the'Un t may be occupied and amenities rimy be used for their intended�purpase, except for designated,puncl list items and seasonal ;works which does .not interfere with the.residential>use.of the Low anti Moderate incn'me Utaits TERM 1..1 Tli s Agreement shah bind; and the benefits shall inureto respectively, Developer and, It s successors ancr;assigns;,and.'Q, CD and its.successors,and assigns.ar�d the WhieipalityAnd its t successors and assigns; try perpetuity (the "Teriii") 1Jpo.0 expiration of the.Term,alias"Agr e ent and the rights arrd obligatrnns ofthe fatties hereunder.shail automatically termrriate:withoutthe; need of any party executing any additional'docutnont. This Agreement''shall alsa automatically, terminate Development is not longer used for`residences:ar.any other use,perr d ed by the Comprehensive t'erznit or if it<rs in compliance with applicable zotiipgggand other lacal requirements ii effectat the time of such-;change:of use. INI}EM.N.lF CATI0.N/LIMITATION,ON LIABILITY` 18. The Develap c for itself and its successors .and assigns, agrees io indemnify and hold. harmless DHCD and 'the. Municipality against; all daniages costs, and liabilities, including reasonable attomer y's fees, asserted against DHCD or the Municipality by reason'of its relationship#o the Development under this Agreement to'the.extent the same is attributable to the acts or omissions of the Developer and .does not involve the negligent acts or omissions 'Of DHCD or the'Municipality. 19` DI4CU and the:Mutaicrpality shall not be held liable for;any action 4aken,ar omitted under, this Agreem"e."8a tong as they shall;have acted in good Earth,and itliout gross negligence 20 Notwithstanding, anything in this A�;reerrient to.tiie contrary, uhori the occurrence of any breach or default by th. Develaper:hi;reiindet, DliC1).will look soI Il to the Deve.loper's merest in. 'the Development for the; satisfaction of 'any judgment:agatnsr the, Dewelaper or for tho. perf imaa ce of any ob igatian of the Developer hereunder. 1�'urther, nei afficer, partner, manager; member, agent or employee shall have any personal liability hereunder„ CASUALTY 24. "ubject to the,fights of the Lender, l:)eveloper agrees that if the Development, or airy part thereof, shall be damaged or'destro}fed or shall; be. coridem.ned or acquired for public use,, the Developer shall. have the right, but not.the obligation, to repair and restore;the Develapment to substantially the same condition as existed.prior to the event causing such damage or destruction,: 'or.to.reli.eve the condemnation, and thereafter to operate the Develops xent in accordance:with the terms of this Agreement. . Notwithstandingrhe 'forego ng, in the event of.a casualty in wIt`h. soiae but not all of the build`tigs in the'.D"evelopnenfi are destroyed, if .such destroyed buildings are not restored by Developer, Developer shall be rem fired to .maintain the,same percentage of Affordable Units bf the total number of units in the Development. DEVELOPEW&REPRESENTATIONS AND WARRANTIES 22: 1 Ile Developer I.ereliy represents�tnd warrants�as:fallaws a The D.evelo" er r is a Massachusetts Chapter .l$ not-far-profit corporation, ( ,). p (} qualified o transact business finder;the Taws of the Cori monwealth of Massachusetts, (ii. :has the power-wand authority to: o`vn its properties and assets and.to carry on its business as noun being- Wild ricted; .arid` (rii) has the' full legal right, power and authority, to execute and deliver this Agreement. 13 (:o) The execution and performance of`"this Agreement by the DeN eloper (j)wilt not vi©late.or; as applicable,has;not violated aty provision of law,Irule or regulation, or any order of any court or"other.agency or;governmental body;.and (ii) will not violate br, as applicable, has: not violated a y provision. of any indenture; ;agreement, mortgage; mortgage note, or other: instrument to which the Developer is a,party or by �f u it or the Development:'.is bound, and 0 i)will"not result in the creation ar imposition of any prohibited encumbr'ar ce.of iany"nature; (c) The Developer will at,the time,of execution and delivery of this Agreement,have good and marketable title to tlhe preinises constituting the Development free and clear of any lien or encumbrance (subject t© encumbrances created pursuant to this Agreement, and any other: documents executed in connection withth ;,Constructioij:Ioao; or other enconibraa ces"pe miitecl; by DHCD). (d) There "is"no' aetion, 'sort" or proceeding, at law or in equity or by or before any `governmental instrumentality or other" agency iiow. pendli ng, or, tt' the Im wledgt :of the' peyeloper,"threatened against or affecting it; or any of its"properties or rights,"which, if adversely deternnine-d,Would.rnaterianyyimpair its'.r,f ht"to carry,on, business.substantially as now conducted (And as now contemplated b:y this Agreerrient) or: �voul l materially:adversely affect its financial j condition. ISCELLAI~lEOV} �CONTRAC`T PIROV'IC IONS'. 23. This. Agreement may'.not be mod f ied. or amended :except with the wntt n consent of Dl1CD or its successors and assigns, tlae Municipality or. its succe.sso and assigns, and Developer or.its;successors,and assigns; 24; Developer 'a Cants drat it has ibt, and will not, execute any other agreement Will! provisions.contradictory to, y,in apposition to;the pray sions.hercof and that,.in;any event, the; requirements o.fthis Agreement are:pararrt<>unt and controlling as to the rig(ats and obligations set forth and supersede any other recluirements.in conflict therewith. 25 The invalidity of any! clause; part or provision of:this Agreement shall not affect the validity of the remaining portions thereof` 26. Any titles or cgjions`>coniained-in this Agreement are for reference only and.shall not-be, 4 eme.d"a pate bfIhis Agreement or la' any role an'the"t onstruction or interpretation hereof,'" 2.71 WoMs' of the masculine' ;gender shall be: deemed and construed to 'include correlative words of:the femin%ne: and'neuter:genders: Unless.the context shall otherwise. indicate; words importing the .singular number shall include. the plural nu:mbet and vice versa, and word's, importing;persons shall incluele corporations.,and associations, including public bodies, as well as. .` natlral persons: :1�4 2& The terms and conditions of this_.Agzeet ent have been freely accepted by the parties. The provistotis:anti restrtctiois contained herein exist to further the mutual purposes artd goals of DHCD,'the lulunicipality and th.e Developer set Earth herein tocreate and preserve access`to 1'and and to decent and affordable rental Housing op'portu'mttes for eligible families who. are often denied such opporhint`es for;lack of financial resources: NOTICES' 29, Apy notice oa other cornmwz cation in cord ection r�lath this A reezrtent sha11 be in writing, and (i) deposited.tn the United States tnail,;postage prepaid, by registered ar ceitified mail; or(ii). hand delivered by any ornmereially recog{sized courier service or overnight delivery service;. such as`Federal,.Express, or (iii) sent by fa ilc trat smissi:on if a.fax number;is designated below,addressed.as follows: if to the,Developer: Living Independently Forever, Inc. 5.50 Lincoln*ad Extension I-Iyannis MA,02601 lffb OHC D 1:)eparth cnt 01JIausirig anal Corn' Wtity De�relopmem 1:00'Catnbridge.St., Suite 300 Boston,MA .0211.4 Attention Director,o L;acallntttati:ve E?rograt�i If!tci the lulunieipal�ty;` TONAM.-Manager' Town cif-Barnstable: 3:67„lvlaitt Street Hyannis, MA 0.260:1 Any such addressee may .change its'address tor�such notices to any other address in the unite States as such addresse e shall.have specified by written n ttce,given as set forth above: IS . 1 A.notice shall"be deemed to have been given, deliverecl':and received upon 'the earliest of" (i) if sent by certified:or registered mail,'on the-date of.aetual'receipt Cor tender of delivery and refusal thereof) as"evidenced by the return:receipt;.'or (i} if hand delivered by such courier or overnight delivery service, when,so delivered or tendered for delivery during customary business hours on a business day at the specified.address; or (iii} if facsimile transmission is apermitted means of` giving "notice, upon receipt as evidenced by corfirmation:. Notice 'shall not be deemed to be defective;with respect to the recipient thereof for farlure,of receipt by any other party:, jMOOI2DINC: 30 Union eitecution, the Developer sha11 immediately cause 'this Agreement and amendments hereto to b"e recorded or filed wath the Registry,.and the T3eveloper shall pay all fees and charges incurred in connection therewith Upon recording or filing; as applicable, the Developer shall immediately transmit to DHC al d the Munici;pal,i evidence of such recording-, or filing including the'date and instrument,book and page or registiafion riumber of the Agree meat. GOVERNING LAW 31: This Agreemoat shall be"governed by the laws""gf.the Conimorilvealth of Massachusetts: Any,anaendrnents to Ibis Agreement must be in writing and executed'by all of the parties'hereto. The invalidity of any clause,;part,"or provision of this grecinerif sliall not atlect the validity of the remaining portions.hereof, DELEGATION BY DTI.CI3 32 1)1Cl ;tray delegate"its cornplrane and enforcement obligations under this Agreement i to a thi.r."d party, fthe.third party meets standards established by.D,-1CD, by roviding written notice of such delegation.to the Developer and the Mtanicrpalityj. In carrying out.the compliance and enforcement>obl'igatitans of D1' C-T under this-F1g"ree ent,, such third party shall;apply and; a0here to;the pertinent standard,cif D.IICDi. [Rernatrnde r of"liagc in:' t.. .ially left,blank.] 1`6 WITNESS WfIEEOF the parties"have caused the presents to lie signed andsealed by their respective,duly authorized representatives, as of the day and year"first written above: DEVELOPER. Liv€ng Independently Forever,In'c B.y:--- De partn2ent of I ousin a. and Comm unit Developnieut as Subsidizing' Appey as:aforesaid ItsK lrrc Munic alit] . By Ma Eils its,~`To i Maiiiier Attacliezits; Exhibit A Legal D.escnptio : Appendix A'—RenrSchedule; . I r 17 COMMONWEALTH.OF Ai[A9SACHQ.8ETTS COUNTY OF BARNNSTABLE, ss f 2016 On this day of ; - ; - =2016, before me,the undersigned notary ^ public;`personallyapoeared "Proved to me through satisfactory evidence of ideiitificatian,,whicli were. .• , L42L' ,to be the person whose nazrie is signed on the preceding document; as of the Living Independently Forever,.Inc. [Developer], and.acknowledged to me thathe/she signed it voluntarily for its•s.tated purpose: Notary Public f Pant Name. try r , ArTy Conuxission Expires; PQ, '�:f NNW E�. qY� COMMONWEALTH OF MASSACHUSETTS COUNTY-OF SUFFOLK. ss; 077; 201 } On hi's day of ,r� ,2Ql:.b;liefbie me ;the"undersignednotory° E public;;personally pl?ea�eel;; _ _.:;._ , .roved td►ne through satisfactory evidence of identification, wl icl we�,e 0A to be the,pc r on whole name is signed on the preceding;d cd whent,W &�ckh- for. the Ginn-ionwvealth.o Massachusetts acting by and through the Department of Housing anti Cornn unity Develop men t, and acknowledged to me that heFshe signed 1t voluntE; f or its t d upose., , • jj W Ft F"W ttTACt1 ltlotarypubltc10 Notaryu gt;€�c Print NameCO�AM 'S € h55AGHU5-15 tt�TH of M My Commission Ex ices: .A _.Ott - IS COMMONWFAIA O MAS A.CHUSETTS' COUNTY OF"BARN'STABLE,,ss. ff ° 2016' 4 fi On this ay of. gn a �` , 2016,before,me.the undersied "notary public, personally appeared'Mark Ells,proved to ne.through.satisfactory evidence of identification,which were ,to be the person whose name, is signed on the pxeceding`documetit a awn Manager'for the City'/Town of Barristable,"and acknowledged to me That he/slie signed it voluntarily foz;its stated.puipose. Notary Public, tA Print Name: My Cominission Exp.I�Q'vr III) 0 . M= IJACT Ole 19 EXH BI' 4 LEGA.L.PESCRIPTION Units Numbered A-1,B- ;G-4, D-3, and;;D- and of the Lip ing.1ndependently Farever Condorninitziri establ;ishedby Master Deed recordedon July tl, 1994 izl.Btiok 9275, Page 252 at the,Barnstable County Registry of Deeds;,as amended and restated by a First Restated Master Deed(Phasing Deed)reeorded on May I6, 1996 in'said Registry of Deeds in Book 10204., Page 100, as further amended by a,Second Restated Master Deed(Phasing_ eed)recorded on Tanuary'.23, 1997.in said R.egistry of Deeds in Book 1`0580,Page 229, as f irthez amended,by a:Third Restated Master.Deed (Phasing Deed) recorded'°on August 30 M05 in said...egistry of heeds i t Book 202.10 Page 245 and by %a I ourtll Amendment to the.Master Deed recorde ion June 20; 2014 iri said Registry of Deeds in Book 28216, Page 23 (the"Cbndoznin unl ).For Grantor's-title to Units A-1 and D=3, see.:deed.dated January'28; 1993 recorded«ith said.Registry in hook 8452,k'age 112., For Cxrantor°s title to Unit B-2, see deed dated October'91 2009 recorded with said Registry in Book 2409.5,Page 200, For Gra:ntor's title to unit C44 see'unit deed.dated Sep tember`6,2'007 recorded with said Registry in.Book 22327;.:PagL I T For Grantor's title to Unit.]3 4, se&Aeed dated Jule 30,''2010 rccorcted°�vith;said Registryin Book 240S9, Page 345,: t11sa,1the. ,, 9,, ing:irnits w ch v ill be added.to the C.;ondom:nium upon completion of,constructtoil by thearccordi1), of a 1~ifl,'h.Ail�endnai�nt tci Master..Deed` One Unit in .Building-1� andone L h t in Building G as>sueh 13titildings are shown on the site o.144.prepared by Down;C:apQ l ngineering ,Inc. entitled "Site Plan Phase 5 : 6 Of Land in flyannis, MA 550 .;,zncoln Road xt:Prepared for Living Independently Forever, Inc."'and dated January,28, 2016 which has been submitted to the Mun czpalit}r and DHCD: 20' .AI'PENDT A RENT SCTIEDULE (INITIAL) Re: (Developinent.rame)LIFE'. (City/Town) l5ai stable,(IIyai nis),N1 A (Developer)Crying Ix iependeb, y Fc revel, Inc.. Initial Maximtz n Mon ly Rents and Utility Allowances for Low and Moderate Income Units ,Rents Utility Allowances Studio units :, , One bedroorn units $I,09 :OQ S.1,90.0.0 Two bedroom units: $1 281':00 $247.0 Three bedroom.units $" $ Fourlyedro'oin units i 'To be determined at the time time"one bedroom units are added to the Condominium- :21 Exhibit<B. fees Faxible to;DHCD During,the term of this Agreement; the Devel'aper shall pay to DHC-1.3.an annual Monitoring Fee of$40.00 per unit for each Affordable Unit(7 units): "the eyeIoper shall makeleach snch,gayment to DHCD within teu(10)days, of the end ref every'calendar year. r STABARN LEI i T OF DIP APPLICATION FOR MODIFICATION OF A COMPREHENSIVE PERMIT Living Independently Forever, Inc. LIFE at`Hyannis 550 Lincoln Road Extension Barnstable, MA 02346 t Y i i HA6NS ABIA fy w,ER ! 1639. ` �fD MA'S 6 TOWN OF BARNSTABLE Zoning Board of Appeals Application for a Comprehensive Permit pursuant to MGL Chapter 40B, Sections 20-23 and 760 CMR 30.00&31.00 Date Received For office use only: Town Clerk's Office: Appeal# Hearing Date Decision Due The undersigned hereby applies to the Zoning Board of Appeals for a Comprehensive Permit pursuant to.MGL Chapter 40B,Sections 20-23 and 760 CMR 30.00&31.00: Applicant Name : Living Independently Forever,Inc Phone: 508-790-3600 Applicant Address: 550 Lincoln Road, Extension,Hyannis, MA Fax: 508-778-4919 Applicant Status: (Check one) [ ]Public Agency ]'Non-Profit Organization [ ] Limited Dividend Corporation Attachment A-Attach Documentation of Applicant Status See Tab 2 Subsidizing Agency: Massachusetts Department of Housing and Community Development Subsidy Program: Local Initiative Program Attachment B-Attach Agency Commitment Letter Note: Agency Committment letter pending. See Tab 3. Property Location: 550 Lincoln Road, Extension,:Hyannis, MA Property Owner: Living Independently Forever Condoimiuim phone: Address of Owner: 550 Lincoln Road, Extension, Hyannis, MA Attachment C-Attach Documentation of Applicant's Interest or Ownership in the Property' See Tab 4 Assessor's Map/Parcel Number: 272/25 Zoning District: RC-1 Number of Years Owned: 12 Groundwater Overlay District: GP Attachment D-Property Location Map with 300-Foot Abutter Ring Existing Level of Development of the Property-Number of Buildings: (if applicable) 4 Present Use(s). .Condominium Gross Floor Area: sq. ft. Attachment E-Existing Conditions Property Survey See Tab 7 Applicant's interest-if owned-attached copy of recorded deed(s),if under contract attached copy of all Purchase&Sales Agreement Name of Proposed Development: Short Project Description2: Construct a fifth residential building on parcel A at the the 3.99 acre site. There are currently 16 condominium units and one recreation/offic building on the site that was pursuant to a Comprehensive Permit and Modification. The new building will be a two story, apartment , style building consisting of four, one bedroom units: two up, two down. Attachment F-Project Description/Narrative See Tab 1. Attachment G-Project Site Plan and Architectural Plan(s) See Tab 7 Attachment H-Project Financial Proforma See Tab 8 Attachment I-List of all public agencies, boards and Commissions who's review and approval would normally be required of the project and for which the applicant is seeking variance, waivers and approval from the Zoning Board of Appeals in accordance with MGL Chapter408 See-Tab 1 Attachment J-List of all Section of the Zoning Ordinance that applicant seeks variances from the Zoning Board of Appeals in,accordance with MGL Chapter40B See Tab 1 Development Team Applicant's Attorney: Peter L.Freeman,Esq. Phone: 508-775-5010 Address:1597 Falmouth Road-Suite 3, Centerville,MA Fax: 508-775-9105 Eagle Surveying 508-362-8132 Applicant's Engineer: Phone: , Address: 923 Route 6A, Yarmouthport,MA 02675 Fax: 508-432-5333 Applicant's Architect: RESCOM Phone: 508-759-9828 Address:P.O.Box 157,Monument Beach,MA 02553 Fax: 508-759-9802 Attachment 1-Developers Profile-Narrative of Developer's experience and qualification to successfully complete project Signature: Date: M Jd a -T� Applicants orR resentativ 's Signature Representative's Address: Phone: Fax No.: 2 Note-Project Description should include total number of units,type of units,number of bedrooms,building area,acreage,number affordable and other information-as applicable. This description will be used in drafting the public notices. 9 TABLE OF CONTENTS—LIFE at HYANNIS Tab 1 Application and Memorandum; Tabulation of Ground Area Coverage and Unit Mix Chart; Request for Waivers Tab 2 Massachusetts Secretary of State Corporate Information for Living Independently Forever, Inc. Tab 3 DHCD Project Eligibility letter dated March 30, 2006 Town Manager letter dated November 10, 2005 Tab 4 Life Condominium Association letter dated September 19, 2005 Tab 5 Department of Housing and Community Development Ch. 40B Subsidized Housing Inventory dated April 1, 2006 Tab 6 Pro forma Affordable Sale Price Calculation FY2006 HUD Income Limits Affordable Rent Schedule Tab 7 Site Plan and Architectural Plans Tab 8 Marketing and Lottery Plan Tab 9 LIP Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project MEMORANDUM AND REQUEST FOR WAIVERS 1. INTRODUCTION: M.G.L. Chapter 40B, §§ 20-23 ("the statute") This 'application is for a modification to a Comprehensive Permit, pursuant to M.G.L. Chapter 40B, Section 21 and pursuant to 760 CMR 31.03(3), to authorize the development of an additional four condominium units on 0.33 acres of the larger 3.99 acre parcel of land located at 550 Lincoln Road Extension. There is currently on the locus an existing sixteen (16) unit condominium and one (1) office/recreation building known as LIFE at Hyannis whose construction was authorized by the Barnstable Zoning Board of Appeals (`Board"). The Board originally granted a Comprehensive Permit (Appeal No. 1992-68) to the Applicant, Living Independently Forever, Inc. ("LIFE"), authorizing the construction of an eight unit town house condominium. Subsequently, the ZBA modified the Comprehensive Permit (Appeal No. 1995-20) by which the Board authorized the construction of an additional eight (8) units, thereby bringing the total number of housing units on the site to sixteen (16). The land is currently zoned Residential (RC4) and is within the GP Groundwater Overlay Protection District. The project locus is shown on the Town of Barnstable Assessor's Map 273, Parcel 25. The housing will be. developed pursuant to the requirements of the Local Initiative Program ("LIP") of the Department of Housing and Community Development. Pursuant to the requirements of LIP, one (1) of the condominium units or twenty-five r x percent (25%) - will be rented to an individual(s) or household earning no more than eighty percent (80%) of the median area income adjusted for household size that corresponds to the number of bedrooms in the affordable unit plus one (e.g., for 2BR unit, use 3-person household size). According to the income limits published by the U.S. Department of Housing and Urban Development ("HUD") 80% of the current median income for Barnstable is (which is statistically included in the Barnstable Metropolitan Statistical Area or "MSA") for 2006 for o a two person household is $45 900.00. P , Ownership of the one affordable unit will be retained by LIFE. LIFE will rent the unit at an affordable rental rate of $861/month to an income eligible renter. The remaining three units will be "for sale" market rate units. The projected average sale price for the three (3) market units will be approximately $250,000.00. The Applicant will record a LIP,Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project to insure affordability under the above standards for at least 30 years, for the affordable condominium unit, or longer if the Town so desires. Participation in LIP qualifies the housing as "low and moderate income" housing as defined in the statute. See Commonwealth of Massachusetts Department of Housing and Community Development ("DHCD") regulations at 760 CMR 30.00 et. seq. and 31.00 et. seq. ("the regulations"). 2 t `Y The statute essentially creates a state mandate to. local cities and towns to'allow the construction of low and moderate income housing that requires relief from otherwise applicable local requirements and regulations, including but not limited to zoning by- laws, subdivision rules and regulations, and local Board of Health and Conservation Commission regulations, when there is a substantial need for low and moderate income housing. Rather than applying to the various local boards and department for otherwise applicable permits, the applicant applies only to the 'Zoning Board of Appeals for a ."Comprehensive Permit." A Zoning Board of Appeals can insist on full compliance with all such local requirements and regulations only if they are, in the words of the statute, "consistent with local needs." They will be considered "consistent with local needs" if they are reasonable taking into account "the regional need for low and moderate income housing considered with the number of low income persons in the city or towns affected and the need to protect the health or safety of the occupants of the proposed housing or of the city or town, to promote better site and building design in relation to the surroundings, or to preserve open space." The statute goes on, in section 20, to define certain minimal thresholds of low or moderate income housing that, if not attained in a city or town, would cause the local rules and regulations to automatically be treated as not consistent with local needs, unless the town can prove that the planning, health, and safety concerns outweigh the regional housing need. The Town of Barnstable falls short of the minimum: the percentage required in terms of number of housing units is 10%; Barnstable has 6.8 % (based on DHCD Subsidized Housing Inventory, revised through April 1, 2006, hereinafter"DHCD 3 statistics"); the percentage in terms of land area is 1.5%, which means, with Barnstable's total land area of 60.05 square miles, or 38,432 acres, the number of acres with low or moderate income housing in the Town would have to be 667.78 acres; according to the DHCD statistics, Barnstable has 1370 housing units counting towards the 40B 10% minimum; and they are on less than 576.48 acres; and the third standard, as stated in the statute, is: "the application before the board would result in the commencement of construction of such housing on sites comprising more than three tenths of one per cent of such land area or ten acres, whichever is larger, in any one calendar year," which in Barnstable would be 115.03 acres ( 38,342 X 0.3%); the proposed development is on 0.33 +/- acres, which is less than 133.6 acres, and with 25 % .of the units being affordable, only one quarter of the site— .008 acres—would be considered devoted to low or moderate income housing. Therefore, the mandate created by the statute to create affordable housing still,applies to Barnstable. In fact, when the statutory minimum is not met, there is a legal presumption that there is a substantial regional housing need that outweighs local concerns. 760 CMR 31.07(1)(e). The Board is authorized by 760 CMR 31.03 (3) to modify a Comprehensive Permit if the Applicant desires to change the details of its proposal as approved by the Board. The Applicant is to notify the Board in writing describing the changes. The Board shall, within twenty(20) days, determine and notify the Applicant as to whether it deems the changes substantial or insubstantial. If the Board determines that the change is insubstantial or if the Board fails to 4 notify the Applicant, the comprehensive permit shall be deemed modified to incorporate the change. If the Board determines that the change is substantial, the Board shall hold a public hearing within 30 days of its determination and issue a decision within 40 days of termination of the hearing, all as.provided in M.G.L. c. 40B, § 21. Only the changes in the proposal or aspects of the proposal affected thereby shall be at issue in such hearing. A decision of the Board denying the change or granting it with conditions which make the housing uneconomic may be appealed to the Committee pursuant to M.G.L. c. 40B, § 22; a decision granting the change may be appealed to the superior court pursuant to M.G.L. c. 40B, § 21 and M.G.L. c. 40A, § 17. The Applicant believes, for all the reasons hereinafter set forth,that the project. meets the standards for a Comprehensive Permit under the statute, thus a modification is warranted, and that it will be an asset to the town and will help provide truly needed affordable housing in Barnstable. 2. STANDING AND STATUS a) Organizational Status of Applicant In order to apply for a Comprehensive Permit, an applicant must be either a limited dividend organization, a non-profit organization, or a public entity. See 760 CMR 31.01 (1)(a). The Applicant is anon-profit organization. 5 i b) Control of the Land The Applicant has a letter dated September 19, 2005 from C. Ronald Sturz, president of the LIFE Condominium Association stating that the Living Independently Condominium Association Trust has agreed to sell the developments rights to the Applicant. Therefore, the Applicant has control of the land, as required by the regulations, 760 CMR 31.01 (1) (c). c) Site Acceptability The Applicant has received a Project. Eligibility (Site Approval) letter from . DHCD dated March 30, 2006. Therefore, the Applicant believes that itwill fulfill the requirement of 760 ,CMR 31.01 (1)(b) that: "The project shall be :fundable by a subsidizing agency under a low and moderate income subsidy program." See 760 CMR 31.01 (2), which states: "Fundability shall be established by submission of a written determination of Project Eligibility (Site Approval) by a subsidizing agency...." Thus, the project complies with the regulations concerning fundability by a subsidizing agency. Therefore, based on (a), (b), and (c) above, the Applicant will meet the jurisdictional requirements of the statute and the regulations and has standing before the Board of Appeals. 3. DESCRIPTION OF THE PROJECT a) Applicant's Background LIFE is a Massachusetts non-profit corporation that previously constructed the sixteen existing units at the proposed project locus. 6 b) Physical Characteristics The project site is approximately 3.99 +/- acres site lot located at 550 Lincoln Road Extension There are currently sixteen(16) condominium units and one office/recreation building on the site. The site is level and there are no wetlands. The development will be serviced by municipal gas, water, sewer and electric services. A tabulation of ground area coverages for impervious area (building area and paved area), landscaped area and open space area is submitted herewith, as is a Unit Mix r Chart. i c) Description of surrounding area. The site is bounded by a residential neighborhood. d) Affordability As stated above, the one (1) affordable condominium unit will be rented to eligible persons under LIP, whose incomes are no more than 80% of the annual median income for Barnstable. Thus, the maximum rental rate for the one bedroom affordable unit will be $861/month. The Applicant will enter into the appropriate form of LIP Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project to insure that the Applicant 7 complies with the.requisite limitation on profit of twenty (20%) of the allowable development costs. See Project Budget/Pro Forma, submitted herewith. e) Impacts No adverse impacts are anticipated. The overall total density of the completed development(20 housing units on the 3.99 acre site) will be 5.01 units per acre and poses no detriment to the area. The proposed density is appropriate to the site and is in keeping with density guidelines of the greater of 8 units per acre, or 4 times the surrounding density. The largest impact of this proposal will be helping to address the shortage of affordable housing, by providing .an additional affordable condominium unit in Barnstable. 4. REQUEST FOR WAIVERS FROM LOCAL BY-LAWS RULES AND REGULATIONS a . The .Applicant seeks waivers :from the Barnstable local Bylaws, rules and regulations, as shown on the attached Request for Waivers. The Applicant also requests that waivers be granted from any requirements to apply to the Town or other municipal Boards or departments, including but not limited to the Public Works Department, Board of Health, Board of Selectmen, and Planning Board, if normally required. The Applicant further seeks waivers from any requirements for paying for any 8 I f 1 fees related to the development of this project, including but not limited to fees for building permits, and from 'any requirement to post a bond or cash or covenant in connection with site or utility development; and further, the Applicant asks that the Comprehensive'Permit be issued in lieu of all of the'aforementioned permits, inclusively. The applicant also seeks waivers from the applicability of such other sections of the Zoning By-laws, Planning Board Rules and Regulations, Board of Health Rules and Regulations, and/or such other local by-laws, rules and regulations that would otherwise be applicable to this development. 5. CONCLUSION This proposal is the result of the Applicant's effort to come up with a housing development that is economically feasible while still providing an affordable home under LIP. It is a proposal that is compatible with the neighborhood, is not harmful to the environment, and will provide much needed affordable housing in the Town of Barnstable. The .proposed project has the support of the Town of Barnstable and Barnstable Housing Committee. Balancing the planning need of the Town versus the lousing need, the development clearly merits approval. For all of the above reasons, the Applicant believes that the Board of Appeals should grant the relief requested and issue the Comprehensive Permit pursuant to the application. 9 Respectfully submitted, Living Independently.Forever, Inc. By its attorney, N� Dated: }r o S, 2 D 6 Peter L. Freeman Freeman Law Group 1597 Falmouth Road-Suite 3 Centerville, MA 02632 (508) 775-5010 10 r . LIFE at Hyannis—Parcel A TABULATION OF GROUND AREA COVERAGES Site Area = 14, 273 sf+/- = 100% Building Area = 1,740 sf+/- = 12.2 % Parking/Sidewalk = 1,440 sf+/- = 10.1 % Open Space/ = 11, 093 s.f. +/- = 77.7 % Landscaping UNIT MIX CHART Units Bedrooms Bath Square Footage 1-4 1 1 705 WAIVERS § 47-6 Waive Building Permit Fees § 184-2 Authorize connection of proposed building to the Town Sewer System. Waive Sewer Connection Fee § 240-12 Allow multi unit residential building in Residential District § 240-56 Waive requirement for 1 visitor space parking. § 901-2 Waive requirement for separate sewer connection permit § 901-5 A, D, F Waive requirement from obtaining separate permits or licenses from individual Town boards, departments or commissions. Article XI—Growth Management—Waive in its entirety i The Commonwealth of Massachusetts William Francis Galvin-Public Browse and Search Page 14 2 The Commonwealth of Massachusetts ry William Francis Galvin 3: Secretary of the Commonwealth } One Ashburton Place, Boston, Massachusetts 02108- ` -..` 1512 ":.... _ �` Telephone: (617) 727-9640 LIVING INDEPENDENTLY FOREVER, INC. Summary Screen Help with this form Request a Certificate The exact name of the Nonprofit Corporation: LIVING INDEPENDENTLY FOREVER, INC. Entity Type: Nonprofit Corporation Identification Number: 223190452 Old Federal Employer Identification Number(Old FEIN): 000392759 Date of Organization in Massachusetts: 04/28/1992 Current Fiscal Month/ Day: / Previous Fiscal Month/Day: 06/ 30 The location of its principal office in Massachusetts: No. and Street: 550 LINCOLN ROAD EXTENSION City or Town: HYANNIS State: MA Zip: 02601 Country: USA If the business entity is organized wholly to do business outside Massachusetts,the location of that office: No. and Street: City or Town: State: Zip: Country: The name and address of the Resident Agent: Name: No. and Street: City or Town: State: Zip: Country: The officers and all of the directors of the corporation: Title. Individual Name Address (no PO Box) Expiration First,Middle,Last,Suffix Address,City or Town,State,Zip Code of Term PRESIDENT MARY ANN MATHEWS 940 SANDWICH RD., SAGAMORE,MA USA 940 SANDWICH RD., SAGAMORE,MA USA TREASURER HEATHER A.MAHONEY 475 OLD JAIL LN., BARNSTABLE,MA USA 475 OLD JAIL LN., BARNSTABLE,MA USA http://corp.sec.state.ma.us/corp/corpsearch/CorpSearchSummary.asp?ReadFromDB=True... 1/10/2006 The Commonwealth of Massachusetts William Francis Galvin-Public Browse and Search Page 2 of 2 CLERK CRE A.DOREY 135 W.MAIN ST., HYANNIS,MA USA 135 W.MAIN ST., HYANNIS,MA USA Consent _ Manufacturer Confidential Data _ Does Not Require Annual Report Partnership _ Resident Agent _ For Profit _ Merger Allowed Select a type of filing from below view this business entity filings: .. . ......... ..... ... ......... . .... .. Rl Annual Report Application For Revival Articles of Amendment Articles of Consolidation -Foreign and Domestic Vtew Fllings < New Search .w���<v `SxS.,tY,xa,....&sE.'?...:... Yo�. - �''"+ sedFi%::ve.5t£¢:L ,..-,.A..XLb.x..E..�:;•.. Comments ©2001 -2006 Commonwealth of Massachusetts All Rights Reserved Helo t j i http://corp.see.state.ma.us/corp/corpsearch/CorpSearchSummary.asp?ReadFromDB=True... 1/10/2006 -T'B 3 Commonwealth of Massachusetts F DEPARTMENT OF HOUSING & Y COMMUNITY DEVELOPMENT Mitt Romney,Governor ♦ Kerry-Healey,Lt.Governor ♦ Jane Wallis Gumble,Director March.30,2006 Mr. Gary Brown,President Town Council 367 Main Street Hyannis,MA 02601 Mr. Barry Schwartz Executive Director Living Independently Forever,Inc. 550 Lincoln Road Extension Hyannis, MA.02601 RE: 550 Lincoln Road Extension, His Local Initiative Prog am, Determination of site eligibility.and preliminary approval under LIP Dear Mr. Brown and Mr..Schwartz: I am pleased to inform you that your application for Local Initiative Program(LIP)designation for the proposed 550 Lincoln Road Extension Local Initiative Program project in Hyannis, Massachusetts, has been approved, subject to the fulfillment of the conditions listed below. This approval is based on your application that sets forth a plan for four(4) units of housing,three (3)to be sold at market rate and one(1)to be retained by the project sponsor and rented as a LIP unit. The proposed rent for the LIP unit is generally consistent with the standards for affordable housing to be included in a community's Chapter 40B affordable housing stock. The project sponsor, Living Independently Forever, (LIFE) Inc.,owns the proposed project site. As part of the review' .process,the Department of Housing and Community Development(DHCD)has made the following findings: 1. The proposed.project appears generally eligible under the requirements of the Local Initiative Program, subject to final program review and approval. 2.. DHCD has performed an on-site.inspection of the proposed project site. 3. The proposed housing design is appropriate for the site. 4. The proposed project appears financially feasible in the context of the Hyannis housing market. 5. The initial pro forma for the project appears financially feasible on the basis of estimated,development costs. 6. The project sponsor and the development team meet the general eligibility standards of the Local Initiative Program. 100 Cambridge Street,Suite 300 www.mass.gov/dhcd The proposed project will be required to comply with all state and local codes not specifically i exempted by a comprehensive permit. In applying for a.comprehensive permit,the project sponsor should identify all aspects of the proposal that will not comply with local.requirements. The endorsement of the 550 Lincoln Road Extension project application by the.Barnstable Town Council fulfills the requirement of local action under 760 CMR 45.00. Following the issuance of the comprehensive permit,the specifics of this project must be formalized in a regulatory agreement signed by the municipality, the project.sponsor, and DHCD prior to starting construction.-Information concerning both the regulatory agreement and the procedures that must be followed for the sale of the affordable unit will be forwarded to you by DHCD. In preparation for signing of the regulatory agreement, the DHCD legal office will review the comprehensive permit and other project documentation. Additional information may be requested as is deemed necessary. Your cooperation in providing such materials will help the project move toward construction as quickly as possible. As stated in the application,the 550 Lincoln Road Extension project will consist of 4 units, one of which will be a LIP unit eligible for inclusion in the town's subsidized housing inventory. The mix of three market.rate for sale units and one affordable rental unit is atypical as the LIP premise is for affordable units to represent 25% of each unit size and type. However,the staff of LIFE, Inc. has clearly demonstrated.its clientele's need for both ownership and rental units, with particular need for affordable rental units. Further, the proposed project is an extension of the existing development built and operated by LIFE, Inc.with town support. As such, DHCD is willing to approve the unit mix as proposed. The affordable unit will be marketed and rented to a household whose annual income may not exceed 80% of area median income, adjusted for household size, as determined by the U.S. Department of Housing and Urban Development. The initial monthly rent for the affordable unit may not exceed$1,004 and is currently proposed as $861. DHCD staff conducted a site visit on February 10, 2006 and reviewed the project. The conditions that must be met prior to final DHCD approval include: 1. Submission to DHCD of the finalized details of the.comprehensive permit,a marketing Plan and the descri ti on of the procedures to be followed for the lotteryt o be held for the allocation of the LIP unit. LIFE,Inc. maintains lists of interested buyers and tenants who shall be notified of the new affordable rental unit. In addition,the unit shall be advertised throughout LIFE Inc.'s service area in accordance with affirmative fair marketing standards. The marketing plan shall include a posting on the Citizens' Housing and Planning Association(CHAPA)website, Www.chgpa.org/housin2 lotteries.htm. 2. DHCD must a rove an 'char es to the application it has Just.reviewed and approved,Pp Y g PP J. PP , including but not limited to alterations in unit mix, sales price, development team,unit design, or site plan. As'the 550 Lincoln Road Extension project nears completion of construction,DHCD staff may visit the site to ensure that the development meets ro amguidelines. 3.' The 550 Lincoln Road Extension project must be organized and operated so as not to violate the state anti-discrimination statute (M.G.L. c15113) or the Federal Fair Housing statute (42 U.S.C. s.3601 et seq.). 'No restriction on occupancy may be imposed on the . affordable unit(other than those created by state or local health and safety laws regulating the number of occupants in dwelling units). 4. Within three months of occupancy of the unit,the Project Sponsor must submit to both. DHCD and the Barnstable Town Council a project cost accounting prepared by a certified public accountant. This letter shall expire two years from this date, or on March 30, 2008;unless a comprehensive permit has been issued and construction has begun. We congratulate the Town of Barnstable and the project sponsor on their efforts to work together to increase the town's supply of affordable housing. If you have any questions as you proceed with the project, please call Marilyn Contreas at(617) 573-1359 or•Erin Bettez at(617) 573-1309. Sincerely, Jane allis mble Director cc: John Klimm, Town Administrator Daniel M. Creedon III, Chairman,Zoning Board of Appeals Laura Shufelt, Barnstable Housing Committee Robert D.' Smith,Town Attorney Peter L. Freeman,Esq. Policy Office, DHCD Legal Office,DHCD 550 Lincoln Road Extension,Hyannis , LOCAL INITIATIVE PROGRAM—COMPREHENSIVE PERMIT PROJECT Sponsor: Project Address: LIFE at Hyannis 550 Lincoln Road Extension 550 Lincoln Road Extension Hyannis,MA 02601 Hyannis,MA 02601 This project will provide the following housing opportunities: Maximum Homeowner Type of Unit #Units #Bdrms #Baths Gross Square Feet Sales Assoc./Condo Price/Rent Fee LIP RENTAL 1 1 1 705 $861/month N/A Unit Market j OWNERSHIP 3 1 1 705 $250,000 $215 Units i � i The Town of Barnstable "M Office of.Town Manager {�� rnttr�srnBr� $* s 367 Main Street Hyannis MA 02601 �Ar=E4a � www.town.barnstable.ma.us Office: 508-862-4610 Fax: 508-790-6226 email: john.klimmC town.bamstable.ma.us John C. Klimm, Town Manager i November 10, 2005 Ms. Jane Wallis Gumble Director,DHCD 100 Cambridge Street, Suite 300 Boston, MA 02114 SUBJECT: LIFE,INC. LOCAL INITIATIVE PROGRAM APPLICATION Dear Director Gumble: I am writing in strong support of the Local Initiative Program application submitted by Living Independently Forever(LIFE) Inc., for the creation of a fifth residential building at their campus at 550 Lincoln Road Extension,Hyannis. LIFE,Inc. is proposing to add four one-bedroom condominium units to the existing 16 two-bedroom units on the 3.99 acre property. One of these units will be designated as an affordable rental unit for a household at or below 80% of the area median income. I The campus at Lincoln Road Extension provides adults with learning disabilities the invaluable opportunity to own or rent their own homes in a setting of supported independence. The applicant has a strong community presence in the area and has demonstrated an ability to operate extremely successful residential programs. I feel confident that the proposed expansion of the campus will allow LIFE, Inc. to further serve as an asset to the community and I am pleased to support their application. Please feel free to contact me at (508) 862-4610 with any questions: Since , hn C imm To Manager i 9/30/2005 11:47 5087784919 P-AAGGE�02 I 1A►Q ' v Director Office of Community and Economic Development Town of Barnstable 230 South Street Hyannis,MA 02601 Monday 10 September 2005 Dear Sirs: The Living Independently Forever Condominium Trust has agreed to sell dcvelc pment rights to Living Independently Forever,Ino_, a MA non-profit organization,for $122,000,00. These rights allow for the construction of an additional residential building of four,one-bedroom units on the existing condominium property located at 550 Lincoln Read Extension,Hymnis,MA 02601. Sincerely, C.Ronald Stun President of the LIFE Condominium Associa DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CHAPTER 40B SUBSIDIZED HOUSING INVENTORY 2000 Census Year Round Total Housing Development Total SHI Percent SHI Community Units Units Units Units Abington 5,332 470 458 8.6% Acton 7,645 694 510 6.7% Acushnet 3,879 127 97 2.5% Adams 4,352 344 344 7.9% Agawam 11,588 491 491 4.2% Alford 173 0 0 0.00/0 Amesbury 61570 479 469 7.1% Amherst 9,020 1,102 1,012 11.2% Andover 11,513 1,520 1,363 11.8% A uinnah 155 41 41 26.5% Arlington 19,358 1,014 1,014 5.2% Ashburnham 1,997 24 24 1.2% Ashby 1,000 0 0 0.00/0 Ashfield 770 2 2 0.3% Ashland 5,781 264 248 4.3% Athol 4,775 194 194 4.1% Attleboro 16,519 1,222 1,222 7.4% Auburn 6,551 215 215 3.3% Avon 1,737 74 74 4.3% Ayer 3,141 294 267 8.5% Barnstable 20,266 1,451 1,381 6.8% Barre 1,981 78 78 3.9% Becket 739 0 0 0.0% Bedford 4,692 781 613 13.1% Belchertown 5,002 374 348 7.0% Bellingham 5,632 582 532 9.4% Belmont 91936 320 320 3.2% Berkley 1,870 130 41 2.2% Berlin 891 82 43 4.8% Bemardston 862 24 24 2.8% Beverly 16,150 1,816 1,807 11.2% Billerica 13,055 1,010 796 6.1% Blackstone 3,321 165 123 3.7% Blandford 472 1 1 0.2% Bolton 1,472 186 75 5.1% Boston 250,367 49,412 48,200 19.3% Bourne 7,787 666 531 6.8% Boxborough 1,900 77 23 1.2% Boxford 2,602 60 19 0.7% Boylston 1,602 24 24 1.5% Braintree 12,924 1,607 1,361 10.5% Brewster 14,379 286 254 5.8% Brid ewater 7,639 237 237 3.1% Brimfield 1,287 90 �r, 90 7.0% Brockton 34,794 4,472 4,472 12.9% This data is derived from information provided to the Department of Housing and Community Development(DHCD)by individual communities and is subject to change as.new information is obtained and use restrictions expire. 1 04/01/2006 °fie•e �o ih HYANNIS, MA 4 Units - I Affordable, 3 Marken Development Item Total Cost Per Unit Cost SITE ACQUISITION $120,000.00 $30,000.00 HARD COSTS Site Preparation $55,800.00 $13,950.00 Landscaping $8,625.00 $2,156.25 Residential Construction $518,448.00 $129,612.00 General Conditions $12,100.00 $3,025.00 Hard Cost Contingency(5%) $0.00 TOTAL HARD COSTS $594,973.00 $148,743.25 SOFT COSTS Permits/Surveys $1,500.00 $375.00 Architectural $11,000.00 $2,750.00 Engineering $4,000.00 $1,000.00 Legal $10,000.00 $2,500.00 Insurance $0.00 Security $0.00 construction Manager $2,500.00 $625.00 ?roperty Taxes $0.00 construction Loan Interest $0.00 kpplication/Financing Fees $5,000.00 $1,250.00 kppraisal $0.00 Jtilities $0.00 kccounting $0.00 vlarketing $5,000.00 $1,250.00 ;onsultant $0.00 )oft Cost Contingency $0.00 TOTAL SOFT COSTS $39,000.00 $9,750.00 TOTAL DEVELOPMENT $753,973.00 $188,493.25 �OST c Unit Classification Number of Units Sales Price Total Affordable 1 x $122,546.01 = $122,546.01 Market 3 x $250,000.00 = $750,000.00 Total Units 4 Total Revenue $872,546.01 Total Costs $753,973.00 Profit $1.18,573.01 Profit/Development Cost. 15.73% Total Gross Building Square Footage = 3480 Residential Construction Cost per Square Foot= $148.98 Total Hard Costs per Square Foot= $170.97 Total Development Costs per Square Foot= $216.66 Sales per Square Foot= $250.73 Affordable Housing Sales Price Methodology One Bedroom Unit - Hyannis MA . Assumptions: 1. 30 Year Fixed Rate Mortgage 2. No More than 5% Down Payment 3. Interest Rate is Prevailing Market Rate Plus .25% 4. 1 Bedrooms=2person household 5. 2006 HUD INCOME LIMITS Barnstable-70% of Median Area Income for a 2 Person Household = $41,310.00 Interest Rate= 6.25% Tax Rate/1000= $6.31 Taxes(Barnstable$ 6.31/1000)= $64.41 Insurance= $50.00 PMI = $76.53 Condo Fee (if any) _ $125.00 Homeowners Fee(if any)= $0.00 Monthly Income Available for Housing Expenses $716.81 Mortgage Amount $116,418.71 Sales Price with 5% Down Payment $122,546.01 Maximum Initial Sale Price $122,546.01 STATE:MASSACHUSETTS ___________________________I N C 0 M E L I M I T S------------------__________ Barnstable Town, MA MSA PROGRAM 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON FY 2006 MFI: 66800 30% OF MEDIAN 15050 17200 19350 21500 23200 24950 26650 28400 VERY LOW INCOME 25100 28700 32250 35850 38700 41600 44450 47300 LOW-INCOME 40150 45900 51600 57350 61950 66550 71100 75700 Boston-Cambridge-Quincy, MA-NH MSA Boston-Cambridge-Quincy, MA-NH HMFA . FY 2006 MFI: 84100 30% OF MEDIAN 17700 20200 22750 25250 27250 29300 31300 33350 VERY LOW INCOME 29450 33650 37850 42050 45400 48800 52150 55500 Brockton, MA HMFA LOW-INCOME 46300 52950 59550 66150 71450 76750 82050 87350 FY 2006 MFI: 73600 30% OF MEDIAN 15500 17700 19900 22100 23900 25650 27400 29200 VERY LOW INCOME 25800 29450 33150 36850 39750 42700 45650 48600 Lawrence, MA-NH HMFA LOW-INCOME 41250 47150 53050 58950 63650 68400 73100 77800 FY 2006 MFI: 78200 30% OF MEDIAN 16400 18750 21100 23450 25350 27200 29100 30950 VERY LOW INCOME 27350 31300 35200 39100 42250 45350 48500 51600 Lowell, MA HMFA LOW-INCOME 41700 47700 53650 59600 64350 69150 73900 78650 FY 2006 MFI: 81600 3096 OF MEDIAN 17150 19600 22050 24500 26450 28400 30400 32350 VERY LOW INCOME 28550 32650 36700 40800 44050 47350 50600 53850 LOW-INCOME 41700 47700 53650 59600 64350 69150 73900 78650 Pittsfield, MA MSA Berkshire County, (part)MA HMFA ) FY 2006 MFI: 61900 30% OF MEDIAN 15050 17200 19350 21500 23200 24950 26650 28400 VERY LOW INCOME 25100 28700 32250 35850 38700 41600 44450 47300 LOW-INCOME 40150 45900 51600 57350 61950 66550 71100 75700 Pittsfield, MA HMFA FY 2006 MFI: 61200 30% OF MEDIAN 15050 17200 19350 21500 23200 24950 26650 28400 VERY LOW INCOME 25100 28700 32250 35850 38700 41600 44450 47300 LOW-INCOME 40150 45900 51600 57350 61950 66550 71100 75700 Providence-New Bedford-Fall River, RI-MA MSA Easton-Raynham, MA HMFA FY 2006 MFI: 93600 30% OF MEDIAN 19650 22500 25300 28100 30350 32600 34850 37100 VERY LOW INCOME 32750 37450 42100 46800 50550 54300 58050 61800 New Bedford, MA HMFA LOW-INCOME 41900 47900 53850 59850 64650 69450 74200 79000 FY 2006 MFI: 55200 30% OF MEDIAN 15350 17550 19750 21950 23700 25450 27200 28950 VERY LOW INCOME 25600 29250 32900 36600 39500 42450 45350 48300 LOW-INCOME 41000 46850 52700 58550 63250 67900 72600 77300 Providence-Fall River, RI-MA HMFA FY 2006 MFI: 64000 3096 OF MEDIAN 15350 17550 19750 21950 23700 25450 27250 29000 VERY LOW INCOME 25600 29250 32900 36600 39500 42450 45350 48300 LOW-INCOME 41000 46850 52700 58550 63250 67900 72600 77300 Community Designation Community .Designation s Abington PMSA:Brockton Brookline MSA:Boston Acton MSA:Boston Buckland Non-Metro Franklin Acushnet PMSA:New Bedford Burlington MSA:Boston Adams MSA:Pittsfield Cambridge MSA:Boston Agawam MSA:Springfield Canton MSA:Boston Alford Non-Metro Berkshire Carlisle MSA:Boston z Amesbury MSA:Boston Carver MSA:Boston' Amherst. MSA:Springfield Charlemont Non-Metro Franklin Andover PMSA:Lawrence Charlton PMSA Worcester Aquinnah Non-Metro Dukes Chatham MSA:Barnstable,Yarmouth Arlington MSA:Boston Chelmsford PMSA:Lowell i Ashburnham MSA:Fitchburg-Leominster Chelsea MSA:Boston y i Ashby MSA:Fitchburg-Leominster Cheshire MSA:Pittsfield Ashfield Non-Metro Franklin Chester Non-Metro Hampden Ashland MSA:Boston Chesterfield Non-Metro Hampshire Athol Non-Metro Worcester Chicopee MSA:Springfield Attleboro MSA:Providence-Fall River- Chilmark Non-Metro Dukes Warwick Auburn PMSA Worcester Clarksburg Non-Metro Berkshire Avon PMSA:Brockton Clinton PMSA Worcester Ayer MSA:Boston Cohasset MSA:Boston Barnstable MSA:Barnstable,Yarmouth Colrain Non-Metro Franklin Barre PMSA Worcester Concord MSA:Boston Becket Non-Metro Berkshire Conway Non-Metro Franklin Bedford MSA:Boston Cummin ton Non-Metro Hampshire Belchertown MSA:Springfield Dalton MSA:Pittsfield Bellingham MSA:Boston Danvers MSA:Boston 1 Belmont MSA:Boston Dartmouth PMSA:New Bedford Berkley MSA:Boston Dedham MSA:Boston Berlin MSA:Boston Deerfield Non-Metro Franklin Bernardston Non-Metro Franklin Dennis MSA:Barnstable,Yarmouth Beverly MSA:Boston Dighton MSA:Boston i Billerica PMSA:Lowell Douglas PMSA Worcester f Blackstone MSA:Boston. Dover MSA:Boston Blandford Non-Metro Hampden Dracut PMSA:Lowell Bolton MSA:Boston Dudley PMSA Worcester Boston MSA:Boston Dunstable PMSA:Lowell Bourne Non-Metro Barnstable Duxbury MSA:Boston 1 Boxborough East MSA:Boston Bridgewater PMSA:Brockton Boxford PMSA:Lawrence East Brookfield PMSA Worcester Boylston East PMSA Worcester Longmeadow MSA:Springfield Braintree MSA:Boston Eastham MSA:Barnstable,Yarmouth Brewster MSA:Barnstable,Yarmouth Easthampton MSA:Springfield Bridgewater PMSA:Brockton Easton PMSA:Brockton Brimfield Non-Metro Hampden Edgartown Non-Metro Dukes Brockton PMSA:Brockton E remont Non-Metro Berkshire Brookfield PMSA Worcester Erving Non-Metro Franklin - f t MassHousing Rental Development Programs 2005 Income and Rent Limits for Affordable Housing Programs i Affordable Rents: 30% of 70% of Median,Applicable to NEF Funded Ch.4013'Developments Metropolitan Areas Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom PMSA or MSA Calculation of Rent:(Based on 1.5 1 Person 1 Pers.+2 3 Person Limit/12 4 Pers.+5 6 Person Limit/12 x 7 Pers.+8 Persons/BR) Limit/12 x Pers./2/12 x 30% x 30% Pers./2/12 x 30% Pers./2/12 x 30% 30% 30% Boston-PMSA $1,013 1085 $1,302 $1,505 $1,678 $1,852 Barnstable-Yarmouth $805 $861 $12034 $1,195 $1,333 $1,470 Brockton-PMSA $903 $1,160 $1,340 $1,494 $1,649 Fall River(Incl Prov.,RI) $896 $959 $1,151 $1,331 $1,485 $1,638 Fitchburg-Leominster $775 $830 $995 $1,151 $1,284 $1,416 Lawrence-Haverhill $927 $994 $1,193 $1,379 $1,538 $1,696 Lowell-PMSA $985 $1,055 $1,267 $1,463 $1,632 $1,800 New Bedford-PMSA $775 $830 $995 $1,151 .$1,284 $1,416 Pittsfield-MSA $775 $830 $995 $1,151 $1,284 $1,416 Springfield-MSA $775 $830 $995 $1,151 $1,284 $1,416 Worcester-PMSA $868 $930 $1,116 $1,114 $1,438 $1,587 Non-Metropolitan Areas Studio 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom 5 Bedroom Massachusetts Counties Calculation of Rent:(Based on 1.5 1 Person 1 Pcrs.+2 3 Pcrson Limit/12 4 Pcrs.+5 6 Person Limit/12 x 7 Pers.+8 Pers./2/ `Persons/BR) Limit/12 x PetsJ2/12 x 30% x 30% Pers./2/12 x 30% 12 x 30% 30% 30% Barnstable County $806 $863 $1,036 $1,197 $1,335 $1,474 Berkshire County $775 $830 $995 $1,151 $1,284 $1,416 Dukes County $822 $881 $1,057 $1,221 $1,361 $1,503 Franklin County $775 $830 $995 $1,151 $1,284 $1,416 Hampton County $847 $908 $1,090 $1,259 $1,405 $1,549 Hampshire County $873 $935 $1,121 $1,297. $1,447 $1,596 Nantucket County $1,030 $1,104 $1,324 $1,530 $1,708 $1,883 Worcester County $775 $830 $995 $1,151 $1,284 $1,416 i , i ro LIVING INDEPENDENTLY FOREVER, INC. MARKETING and LOTTERY PLAN FOR LIP AFFORDABLE UNIT The proposed construction of a new residential building, consisting of four, one bedroom condominium units within an existing 4013,development,will create one(1)low- moderate income rental',unit owned by the developer. As defined in the Master Deed of the Living Independently Forever Condominium Trust,pages 8 and 9,all residents of the condominium must be"qualified individuals". "Qualified individuals"are defined as'adults with significant learning disabilities who meet eligibility requirements to receive independent living support services from the LIFE Program. Maximum qualifying income of applicants, and maximum monthly rent for the one(1) low-moderate income rental unit(one bedroom),will be established by the HUD allowances in effect at the future time of project completion and occupancy. Notice to potential applicants will be posted in newspapers within the region and provided to related human service organizations approximately July 1,2006 for. In addition to income limits,the notice must state the eligibility requirement as a"qualified individual" as determined by the intake process of LIFE. The notice period will be 30 days. Application forms will be available at the corporate office of Living Independently Forever,Inc. in Hyannis,MA.as of July 1, 2005. Required eligibility evaluations for LIFE program support services will be initiated in August with all new applicants. By September 1,2006. selection of a qualified resident for the low-moderate income rental unit will be done by a lottery process after all eligibility evaluations are completed. The marketing and lottery functions will be conducted by designated LIFE,Inc. administrative staff. IA(6 I LOCAL INITIATIVE PROGRAM REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR RENTAL PROJECT This Regulatory Agreement and Declaration of Restrictive Covenants(the "Agreement") is made this day of , 200_by and among the Commonwealth of Massachusetts, acting by and through the Department of Housing and Community Development("DHCD") pursuant to Chapter 204 of the Acts of 1996,the City/Town of_("the Municipality"), and a Massachusetts corporation/limited partnership,having an address at and its successors and assigns ("Project Sponsor"). WITNESSETH: WHEREAS,pursuant to G.L. c. 40B, §§ 20-23 (the "Act") and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April 1989, regulations have been promulgated at 760 CMR 45.00 (the "Regulations")which establish the Local Initiative Program ("LIP")and Guidelines for Communities have been issued thereunder(the "Guidelines"); WHEREAS, the Project Sponsor intends to construct a rental housing development known as_ at a_acre site on Street/Road in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof(the "Project"); WHEREAS, such Project is to consist of a total number of rental dwellings (the "Units") and of the Units will be rented at rents specified in this Agreement to Eligible Tenants as specified in paragraph two of this Agreement (the "Low and Moderate Income Units"); WHEREAS, the Chief Elected Official of the Municipality (as that term is defined in the Regulations) and.the Project Sponsor have made application to DHCD to certify that the Project is a valid Comprehensive Permit Project(as that term is defined in the Regulations)within the LIP Program and therefore that the Project Sponsor is qualified to apply to the Municipality's Board of Appeals (as that term is defined in the Regulations) for a comprehensive permit pursuant to the Act(the "Comprehensive Permit"), or have made application to DHCD to certify that the units in the Project are Local Initiative Units (as that term is defined in the Regulations) within the LIP Program; and WHEREAS, in partial consideration of the execution of this Agreement, DHCD has issued or will issue its final approval of the Project within the LIP Program and has given and will give technical and other assistance to the Project; LIP-RNTLRA-1 9/02 NOW,THEREFORE,in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration,the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other, DHCD,the Municipality, and the Project Sponsor hereby agree and covenant as follows (the provisions in brackets apply only to Comprehensive Permit Projects): 1. The Project Sponsor agrees to construct the Project in accordance with plans and specifications approved by the Municipality and DHCD (the "Plans and Specifications") [and in accordance with all terms and conditions of the Comprehensive Permit]. In addition, all Low and Moderate Income Units to be constructed as part of the Project must be indistinguishable from other Units in the Project from the exterior(unless the Project has an approved"Alternative Development Plan" as set forth in the LIP Guidelines for Communities ("Guidelines")), and must contain complete living facilities including but not limited to a stove,kitchen cabinets,plumbing fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications. of the Low and Moderate Income Units shall be one bedroom units; of the Low and Moderate Income Units shall be two bedroom units; of the Low and Moderate Income Units shall be three bedroom units; and, of the Low and Moderate Income Units shall be four bedroom units. All Low and Moderate Income Units to be occupied by families must contain two or more bedrooms. Low and Moderate Income Units must have the following minimum areas: studio units - 250 square feet one bedroom units - 700 square feet two bedroom units - 900 square feet three bedroom units- 1200 square feet four bedroom units - 1400 square feet During the term of this Agreement,the Project Sponsor covenants, agrees, and warrants that the project and each Low and Moderate Income Unit will remain suitable for occupancy and in compliance with all federal, state, and local health, safety, building, sanitary, environmental, and other laws, codes,rules, and regulations, including without limitation laws relating to the operation of adaptable and accessible housing for the handicapped. [Except to the extent that the Project is exempted from such compliance by the Comprehensive Permit,J the Project must comply with all similar local'codes, ordinances, and by-laws. 2. (a) Throughout the-term of this Agreement, each Low and Moderate Income Unit will be rented for no more than the rental rates set forth herein to an Eligible Tenant. An Eligible Tenant is a Family whose annual income does not exceed eighty percent(80%)of the Area median income adjusted for family size as determined by the U.S Department of Housing and Urban Development("HUD"). A"Family" shall mean two or more persons who will live f LIP-RNTLRA-2;. 9/02 .. `a..� !' _ regularly in the Low:and Moderate Income Unit as their primary residence and who are related by blood, marriage,or operation of law or who have otherwise evidenced a stable inter-dependent relationship; or an individual. The."Area"is defined as the MSA/PMSA/Non-Metropolitan County. (b) The monthly rents charged to tenants of Low and Moderate Income Units shall not exceed an amount equal to thirty percent(30%) of the monthly adjusted income of a Family whose gross income equals seventy percent(70%) of the median income for the Area,with adjustment for the number of bedrooms in the Unit, as provided by HUD. In determining the maximum monthly rent that may be charged for a Low and Moderate Income Unit under this clause, the Project Sponsor shall include an allowance for any utilities and services (excluding telephone)to be paid by the resident. Adjusted income shall be as defined in 24 C.F.R. 5.609 (or any successor regulation)using assumptions provided by HUD. The initial maximum monthly rents and utility allowances for the Low and Moderate Income Units are set forth in Exhibit B attached hereto. Annually as part of the annual report required under Subsection 2(c) below,the Project Sponsor shall submit to the Municipality and DHCD a proposed schedule of monthly rents and utility allowances for all Low and Moderate Income Units in the Project. Such schedule shall be subject to the approval of the Municipality and DHCD for compliance with the requirements of this Section. Rents for Low and Moderate Income Units shall not.be increased without the ' Muncipality's and DHCD's prior approval of either(i) a specific request by Project Sponsor for a rent increase or(ii)the next annual schedule of rents and allowances. Notwithstanding the foregoing,rent increases.shall be subject'to the provisions of outstanding leases and shall not be implemented without at least 30 days' prior written notice by Project Sponsor to all affected tenants. (c) Throughout the term of this Agreement,the Project Sponsor shall annually determine whether the tenant of each Low and Moderate Income Unit remains an Eligible Tenant. This determination shall be reviewed by the Municipality and certified to DHCD as provided in section 2(e), below. Any Low and Moderate Income Unit occupied by an Eligible Tenant at the commencement of occupancy shall be deemed a Low and Moderate Income Unit so long as (i) such unit continues to be rent restricted and (ii)the tenant's income does not exceed 140%of the Maximum Income. If the tenant's income exceeds 140%of the Maximum Income at the time of annual eligibility determination,his/her unit shall be deemed a Low and Moderate Income Unit until the next available unit with the same or greater number of bedrooms which is not a Low and Moderate Income Unit is rented to an Eligible Tenant. (d) The Project Sponsor shall enter into a written lease with each tenant of a Low and Moderate Income Unit which shall be for a minimum period of one year and which provides that the tenant shall not be evicted for any reason other than a substantial breach of a material. provision of such lease. (e) Throughout the term of this Agreement, the Chief Elected Official shall annually certify in writing to DHCD that each of the Low and Moderate Income Units continues to be Low and Moderate Income Unit as provided in section 2(c), above; and that the Project and the LIP-RNTLRA-3 9/02 ' t Low and Moderate Income Units have been maintained in a manner consistent with the. Regulations and Guidelines and this Agreement. LIP-RNTLRA-4 9/02 3. Upon issuance of a building permit for the project, the Project will be included in the Subsidized'Housing Inventory as that term is described in 760 CMR 31.04(1). 4. All of the Units in the Project will be deemed low� and moderate income housing and continue to be included in the Subsidized Housing Inventory in accordance with 760 CMR 45.06(3) for as long as the following three conditions are met: (1) this Agreement remains in full force and effect and neither the Municipality nor the Project Sponsor are in default hereunder; (2) the Project and each of the Low and Moderate Income Units continue to comply with the Regulations and the Guidelines as the same may be amended from time to time; and• (3) each Low and Moderate Income Unit remains a Low and Moderate Income Unit as provided in section 2(c), above. 5. [Project Sponsor agrees that throughout the term of this agreement distribution of return to the Project Sponsor or to the partners, shareholders, or other owners of Project Sponsor or the Project shall not exceed ten percent(109/6) of equity per year, as determined from financial statements approved by the Municipality and by DHCD as described below(the "Allowable Prof- it"). Upon issuance of a final Certificate of Occupancy for the Project or upon the issuance of final Certificates of Occupancy for all of the Units,the Project,Sponsor shall deliver to the Municipality and to DHCD an itemized statement of total development costs together with a statement of gross income from the Project received by the Project Sponsor to date in form satisfactory to the Municipality and DHCD (the "Certified Cost and Income Statement")prepared and certified by a:certified public accountant satisfactory to the Municipality and to DHCD. If all units at the Project have not been rented as of the date the Certified Cost and Income Statement is delivered to the Municipality,and to DHCD,the Project sponsor shall at least once every ninety (90)days thereafter until such time as all of the Units are rented, deliver to the Municipality and to DHCD an updated Certified Cost,and Income Statement. After all units have been rented,the Project sponsor,shall at least once every year thereafter deliver to the Municipality and to.DHCD an itemized statement of income and expenditures.in form satisfactory to the Municipality and DHCD (the "Certified Income and Expense Statement")prepared and certified by'a certified public accountant satisfactory to the Municipality and to DHCD. All profits from the Project in excess of the Allowable Profit(the "Excess Profit") shall be paid by the Project Sponsor to the Municipality for deposit in the Affordable Housing Fund as provided in section 6,below.] 6. [The Municipality agrees that upon the receipt by the Municipality of any Excess Profit,the Municipality shall deposit all such Excess Profit into an interest bearing account estab- lished with an institutional lender approved by DHCD (the "Affordable Housing Fund"). Sums from the Affordable Housing Fund.shall be expended from time to time by the Municipality for the purpose of reducing the,cost of Low and Moderate Income Units to Eligible Tenants or homeowners or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for persons and families of low and moderate income elsewhere in the Municipality. The expenditure of funds from the Affordable Housing Fund shall be made only with the approval of DHCD, such approval not to be unreasonably withheld.] 7. Prior to marketing or otherwise making available for rental any of the Units, the Project Sponsor must obtain DHCD's approval of a marketing plan(the "Marketing Plan")for the LIP-RNTLRA-5 9102 i, .i Low and Moderate Income Units. Such Marketing Plan must describe the tenant selection process for the Low and Moderate Income Units and must set forth a plan for affirmative marketing of Low and Moderate Income Units to minority households as more particularly described in the Regulations and Guidelines. At the option of the Municipality;the Marketing Plan may also include a preference for local residents for up to seventy percent(70%) of the Low and Moderate Income Units, subject to all provisions of the Regulations and Guidelines. When submitted to DHCD for approval,the Marketing Plan should be accompanied by a letter from the Chief Elected Official of the Municipality (as that term is defined in the Regulations)which states that the tenant selection and local preference (if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the Marketing Plan which are set forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must comply with the Regulations and Guidelines and with all other applicable statutes,regulations and executive orders, and DHCD directives reflecting the agreement between DHCD and the U.S. Department of Housing and Urban Development in the case of NAACP, Boston Chapter.v. Kemp. If the Project is located in the Boston Standard Metropolitan Statistical Area,the Project Sponsor must list all Low and Moderate Income Units with the City of Boston's MetroList(Metropolitan Housing Opportunity Clearing Center), at Boston City Hall,Fair Housing Commission,Suite 966, One City Hall Plaza, Boston,MA 02201 (671-63573321). All costs of carrying out the marketing Plan shall be paid by the Project Sponsor. A failure to comply with the Marketing Plan by the Project Sponsor or by the Municipality shall be deemed to be a default of this Agree- ment. The Project Sponsor agrees to maintain for five years following the initial rental of the last Low and Moderate Income Unit and for five years following all future rentals, a record of all newspaper advertisements, outreach letters, translations, leaflets, and any other outreach efforts (collectively "Marketing Documentation")as described in the Marketing Plan as approved by DHCD which may be inspected at any time by DHCD. All Marketing Documentation must be approved by DHCD prior to its use by the Project Sponsor or the Municipality. The Project Sponsor and the Municipality agree that if at any time prior to or during the process of marketing the Low and Moderate Income Units,DHCD determines that the Project Sponsor, or the Munici- pality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not adequately complied with the approved Marketing Plan; that the Project Sponsor or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be determined by DHCD. 8. Neither the Project Sponsor not the Municipality shall discriminate'on the basis of race, creed, color, sex,age, handicap,marital status,'national origin, otany other basis prohibited by law in the selection of tenants; and the Project Sponsor shall not so discriminate in connection with the employment or application for employment of persons for the construction, operation or management of the Project: 9. The Project Sponsor agrees to comply,and to cause the Project to comply-with all requirements of the Regulations and Guidelines and all other applicable laws,rules,regulations, and"executive orders. DHCD'and the Chief Elected official of the municipality'shall have access during normal business hours to all books and records of the Project Sponsor'and the Project in order to monitor the Project.Spons&s' compliance with the terms of this Agreement. LIP-RNTLRA-6 9/o2 f. f 10. Upon execution,the Project Sponsor shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for the County where the Project is located 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 Land Court for the. County where the Project is located (collectively hereinafter the "Registry of Deeds"), and the Project Sponsor shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable,the Project Sponsor shall immediately transmit to;DHCD and the Municipality evidence of such.recording or filing including the date and,instrument,book and page or registration number of the Agreement. 11. The Proj,ect,Sponsor hereby represents, covenants and warrants as follows: (a) The Project Sponsor(i) is a, duly organized under the laws of the Commonwealth of Massachusetts, and is qualified to transact business under the laws of this State, (ii)has the power and authority to own its properties and assets and to carry on its business as now being conducted,,and (iii)'has the full legal right,power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Project Sponsor(i)will not violate.or, as applicable, has not violated any'provision of law,rule or regula- tion, or any order of any court or other agency or governmental body,and(ii)will not violate or, as applicable, has not violated any provision of any indenture, agreement,mortgage,mortgage note, or other instrument to which the Project Sponsor is a party or by which it or the Project is bound, and(iii)will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Project Sponsor will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance (subject to encumbrances created pursuant to this Agreement, any loan documents,relating to the.Project the terms of which are approved by DHCD, or other permitted encumbrances, including mortgages referred to in paragraph 19, below). (d) 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 Project Sponsor, 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. • LIP-RNTLRA-7 9w t } 12. Except for rental of Units to Eligible Tenants as permitted by the terms of this .Agreement, the Project Sponsor will not sell,transfer, lease, exchange, or mortgage the Project without the prior written consent of DHCD and the Municipality. 13. (a) The Project Sponsorrepresents, warrants, and agrees that if the Project, or any part thereof, shall be damaged or destroyed or shall be condemned or acquired for public use, the Project Sponsor(subject.to the approval of the lender(s)which has provided financing)will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation;and thereafter to operate the Project in accordance with this Agreement. (b)The Project Sponsor shall not demolish any part of the Project or substantially subtract from any real or,,personal property of the Project or permit the use of any residential rental Unit,for any purpose'other than rental housing during the term of the Agreement uriless required by law. 14. 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'remanng.portions hereof. 15. 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:. DHCD: Department of Housing and Community Development Attention: Local Initiative Program Director 100 Cambridge Street, 3rd.Floor Boston, MA 02114 Munici ap lity: Project Sponsor: LIP-RNTLRA-8 9/02 P i 16. (a)This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c.184, § 26, 31,.32 and 33. This Agreement is made for the benefit of DHCD, and DHCD shall be deemed to be the holder of the affordable housing restriction created by this Agreement. DHCD has determined that the acquiring of such affordable housing restriction is in the public interest. The term of this Agreement, the rental restrictions, and other requirements provided herein shall be perpetual,provided however,that this Agreement shall terminate if the Project is acquired by foreclosure or by instrument in lieu of foreclosure of a first mortgage granted to a state or national bank, state or federal savings and loan association, cooperative bank,mortgage company,trust company, insurance company or other lender,provided that the holder of the mortgage gives DHCD and the Municipality not less then sixty(60)days prior written notice of the mortgagee's intention to foreclose upon the Project or to accept an instrument in lieu of foreclosure, except that this Agreement shall not terminate if such acquisition is part of an arrangement with the Project Sponsor or a related person or entity, a purpose of which is to terminate this-Agreement and the restrictions set forth herein.. Notwithstanding the termination of this Agreement because of a foreclosure or the acceptance of an instrument in lieu of foreclosure as set forth in this section, if the Project is a Comprehensive Permit Project,the Project shall continue to be low or moderate income housing as defined in the Act in compliance with the Comprehensive Permit unless the Project is in compliance with other applicable zoning in effect upon such termination. (b) The Project Sponsor intends, declares and covenants on behalf of itself and its successors and assigns(i) that 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 Project Sponsor's successors in title, (ii)are not merely personal covenants of the Project Sponsor, and (iii) shall bind the Project Sponsor, its successors and assigns and enure to the benefit of DHCD and its successors and assigns for the term of the Agreement. Project Sponsor 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 shall'be deemed to be satisfied in full and that ariy requirements of privity of estate are also deemed to be satisfied in full. 17. The Project Sponsor and the Municipality each agree to submit any information, documents, or certifications requested by DHCD which DHCD shall deem necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the Municipality with the terms of this Agreement. 18. (a) The Project Sponsorand the Municipality each covenant and agree to give DHCD written notice of any default,violation or breach of the obligations of the Project Sponsor or the LIP-RNTLRA-9 9102 Municipality hereunder, (with a copy to the other party to this Agreement)within seven (7)days of first discovering such default,violation or breach(a'Default Notice"). If DHCD becomes aware of a default,violation, or breach of obligations of the Project Sponsor or the Municipality hereunder without receiving a Default Notice from Project Sponsor or the Municipality,DHCD shall give a notice of such default,breach or violation to the offending party (with a copy to the other party to this Agreement) (the "DHCD Default Notice"). If any such default, violation, or breach is not cured to the satisfaction of DHCD within thirty (30)days after the giving of the Default notice by the Project Sponsor or the Municipality, or if no Default Notice is given,then within thirty (30) days after the giving of the DHCD Default Notice, then at DHCD's option, and without further notice, DHCD may either terminate this Agreement,or DHCD may apply to any state or federal court for specific performance of this Agreement, or DHCD may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non-compliance with this Agreement. (b)If DHCD elects to terminate this Agreement as the result of a breach, violation, or default hereof,which breach, violation, or default continues beyond the cure period set forth in this Section,18, then the Low and Moderate Income Units and any other Units at the Project which have been included in the Subsidized Housing Inventory shall from the date of such termination no longer be,deemed low and moderate income housing for the purposes of the Act and shall be deleted from the Subsidized.Housing.Inventory. (c)The Project Sponsor acknowledges that the primary purpose for requiring compliance by the Project Sponsor with the restrictions provided herein is to create and maintain long-term affordable rental housing, and by reason thereof the Project Sponsor agrees that DHCD or the Municipality or any prospective,present, or former tenant shall be entitled for any breach of the provisions hereof, and in addition to all other remedies provided by law or in equity, to enforce the specific performance by the Project Sponsovof its obligations under this Agreement in a state court of competent jurisdiction. The Project Sponsor further specifically acknowledges that the beneficiaries of its obligations hereunder cannot be adequately compensated by monetary damages in the event of any default hereunder. In the event of a breach of this Agreement,the Project Sponsor shall reimburse DHCD for all costs and attorney's fees associated with such breach. 19. The Project Sponsor 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 the Consent to Regulatory Agreement attached hereto and made a part hereof. Executed as a sealed instrument as of the date first above written. Project Sponsor LIPANTLRA-1.0 9/02 i By: its Department of Housing and Community Development i By: its.Director Municipality By: its (Chief Elected Official) Attachments: Exhibit A-Legal Property Description Exhibit B -Rents for Low and Moderate Income Units LSlip\l-ra-r. COMMONWEALTH OF MASSACHUSETTS COUNTY OF , ss. ,200_ On this day of , 20_, before me,the undersigned notary public,. personally appeared ,proved to me through satisfactory evidence of identification,which were ,to be the person whose name is signed on the preceding document,as of the [Project Sponsor],and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: LIP-RNTLRA-11 9/02 I COMMONWEALTH OF MASSACHUSETTS I COUNTY OF SUFFOLK,ss. 200_ On this day;of ,20_,;before me,the undersigned notary public, personally appeared proved to through satisfactory evidence of identification,which were ,to'be the person whose name is signed on the preceding document, as for the Commonwealth of Massachusetts acting by and through the Department of Housing and Community Development, and acknowledged'to me that.he/she signed it voluntarily for its 'stated purpose.`' Notary public Print Name: My Commission Expires:' COMMONWEALTH OF MASSACHUSETTS COUNTY OF ,ss. On this, day of , 20_, before me,the undersigned notary public,personally appeared ,proved to me through satisfactory evidence of identification,which were ,to be the person whose name is signed'on the preceding document,as for the City/Town of and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: Consent to Regulatory Agreement , The Undersigned being the holder of a mortgage on the above described Project recorded with the Registry of Deeds in Book ,Page , hereby consents to the execution and recording of this Agreement and to the terms and conditions hereof. (name of lender) . By: ; its LIP-RNTLRA-12 9/02 (If the Project has more than one mortgagee, add additional consent forms. Execution of the consent form by a mortgagee is only necessary if the mortgage has been recorded prior to the Regulatory Agreement.) I COMMONWEALTH OF MASSACHUSETTS COUNTY OF ,ss. ,200 On this day of ,20_,before me,the undersigned notary public, personally appeared ,proved to me through satisfactory evidence of identification,which were ,to be the person whose name is signed on the preceding document,as of Bank,and acknowledged to me that he/she signed it voluntarily for its stated purpose. Notary Public Print Name: My Commission Expires: LIP-RNTLRA-1 3 9/02 EXHIBIT A Re: (Project name) (City/Town) (Project Sponsor) Property Descri tion. d EXHIBIT B Re: (Project name) (City/Town) (Project Sponsor) Initial Maximum Rents and Utility Allowances for Low and Moderate Income Units Rents Utility Allowances Studio units $ $ One bedroom units $ $ Two bedroom units $ $ Three bedroom units $ $ Four bedroom units $ $ s nc� APPLICATION FOR MODIFICATION OF A COMPREHENSIVE PERMIT Living Independently Forever, Inc._ LIFE at Hyannis 550 Lincoln Road Extension. Hyannis, MA i TABLE OF CONTENTS—LIFE at HYANNIS Tab 1 Application Form and Memorandum; Tabulation of Ground Area Coverage and Unit Mix Chart; Request for Waivers Tab 2 Massachusetts Secretary of State Corporate Information for Living Independently Forever, Inc. Tab 3 DHCD Project Eligibility letter dated March 30, 2006 and June 9, 2008—additional extension to be submitted Tab 4 Life Condominium Association letter dated September 19, 2005 Tab 5 Department of Housing and Community Development Ch. 40B Subsidized Housing Inventory dated April 1, 2010 Tab 6 HUD Income Limits 2010 HUD Rent Limits 2010 Tab 7 Existing Site Plan, Proposed Site Plan and GIS Map Tab 8 Architectural Plans • Tab 9 Marketing Y and Lotter Plan Tab 10 LIP Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project—one dated 3-22-93 and one dated 12-16-96 Tab 11 Living Independently Forever, Inc. ("L.IFE") Brochure • t tl BABNS7AHLF. MASK RFD MPS 6 TOWN OF BARNSTABLE Zoning Board of Appeals Application for a Comprehensive Permit pursuant to 56 et seq MGL Chapter 40B,Sections 20-23 and 760 CMR . Date Received For office use only: Town Clerk's Office: Appeal# Hearing Date Modificat' on of a Decision Due The undersigned hereby applies to the Zoning Board of Appeals fora Comprehensive Permit pursuant to MGL Chapter 40B, Sections 20-23 and 760 CMR : 56 et seq Applicant Name : Living Independently Forever, Inc. , Phone: 508-790-3600 Applicant Address: 550 Lincoln Road Extension, Hyannis, MA 0260'Fax: 506-778-4919 Applicant Status: (Check one) [ ]Public Agency [4Non-Profit Organization [ ]Limited Dividend Corporation Attachment A-Attach Documentation of Applicant Status Subsidizing Agency: Massachusetts Department of Housing and Community Development SSubsidy Program: Local Initiative Program Attachment B-Attach Agency Commitment Letter Property Location: 550 Lincoln Road Extension Hyannis MA 02601 ` Property Owner: Living Independently Forever Condominium Phone: 508-790-3600 Address ofowner: 550 Lincoln Road Extension Hyannis MA 02601 Attachment C"-Attach Documentation of Applicant's Interest or Ownership in the Property' Assessor's Map/Parcel Number: 272/25 Zoning District: RC-1 Number of Years Owned: 16 Groundwater Overlay District: GP Attachment D-Property Location Map with 300-Foot Abutter Ring Existing Level of Development of the Property-Number of Buildings: (if applicable) 4 Present Use(s): Condominium um Gross Floor Area: 3 0, 0 9 7 sq. ft.'I- Attachment E-Existing Conditions Property Survey • 1 Applicant's interest-if owned-attached copy of recorded deed(s),if under contract attached copy of all Purchase&Sales Agreement f f a i Name of Proposed Development: Living Independently Forever Condominium Short Project Description .2- Construct a fifth residential building on parcel A at the 3.99 acre site. There are currently 16 condominium units and one recreation/office building on the site that was pursuant to a Comprehensive Permit and Modification. The new building will, be a two story, apartment style building consisting of four, one bedroom units: two up, two down. Attachment F-Project Description/Narrative one of the existing 2 bedroom units owned by the applicant* Attachment G-Project Site Plan and Architectural Plan(s) Attachment H-Project Financial Proforma *will become the 5th affordable rental unit. Attachment I-List of all public agencies,boards and Commissions who's review and approval would normally be required of the project and for which the applicant is seeking variance, waivers and approval from the Zoning Board of Appeals in accordance with MGL Chapter 40B Attachment J-List of all Section of the Zoning Ordinance that applicant seeks variances from the Zoning Board of Appeals in accordance with MGL Chapter 40B Development Team h Applicant's Attorney: Peter L. Freeman Esquire Phone: 508-362-4100 Address: 86 Willow Street Unit 6 Fax: 508-362-4701 Yarmout port, MA 02675 Applicant's Engineer: Eagle Surveying Phone: 508-36 -pi -� Address: 923 Route 6A Yarmouthport, MA 02675 Fax: 508-432-5333 Applicant's Architect: RESCOM Phone: 508-759-9828 Address: P.O. Box 157, Monument Beach, MA 02553Fax: 508-759-9802 Attachment 1-Developers Profile-Narrative of Developer's experience and qualification to successfully complete project ll � Signature: �4 ('AZ�w�r,./ Date: September 1s, zolo Applicant's or Representative's Signature Representative's Address: Freeman Law Group LLC Phone: (508) 362-4700 86 Wiiiow Street Unit 6 Yarmouthport, MA 02675 Fax No.: (508) 362-4701 • 2 Note-Project Description should include total number of units,type of units,number of bedrooms,building area,acreage,number affordable and other information as applicable. This description will be used in drafting the public notices. ti v MEMORANDUM AND REQUEST FOR WAIVERS 1. INTRODUCTION: M.G.L. Chapter 40B §§ 20-23 ("the statute",) This application is for a modification to a Comprehensive Permit, pursuant to M.G.L. Chapter 40B, Section 21 and pursuant to 760 CMR 56.05(11)(a) and (b), to authorize the development of an additional four condominium units on 0.33 acres of the larger 3.99 acre parcel of land located at 550 Lincoln Road Extension.' There is currently on the locus an existing sixteen (16) unit (all 2 bedrooms) condominium and one (1) office/recreation building known as LIFE at Hyannis which was authorized by the Barnstable Zoning Board of Appeals ("Board"). The Board originally granted a Comprehensive Permit (Appeal No. 1992-68) to the Applicant, Living Independently Forever, Inc. ("LIFE"), authorizing the construction of an eight unit town house condominium. Subsequently, the ZBA modified the Comprehensive Permit (Appeal No. 1995-20) to authorize the construction of an additional eight (8) units, thereby bringing the total number of housing units on the site to sixteen (16). The land is currently zoned Residential (RC-1) and is within the GP Groundwater Overlay Protection District. The project locus is shown on the Town of Barnstable Assessor's Map 273, Parcel 25. The housing will be developed pursuant to the requirements of the Local Initiative Program ("LIP") of the Department of Housing and Community Development. The same Modification Application was submitted to the Board in 2006,and the Board granted the Modification by Decision filed August 8,2006;see copy submitted herewith. Although there was no express time limit for exercise of the Modification,staff believes that the three(3)year period within the state regulations would apply and that because no extension was applied for prior to August 8,2009,a new • Pursuant to the requirements of LIP, twenty-five (25%) percent of the total number of units must be rented to an individual(s) or household earning no more than eighty percent (80%) of the median area income adjusted for household size. Thus, upon the construction of these final four(4)units, one additional unit in the development will be so rented and restricted. Rather than have this additional affordable unit be one of the new one bedroom units in the proposed additional building, LIFE requests that one of the existing two (2) bedroom units that it already owns be dedicated as affordable.2 LIFE agrees with staff s request that the additional two (2) bedroom unit to be dedicated as affordable shall not be a unit in Building 1. According to the income limits published by the U.S. Department of Housing and Urban Development ("HUD"), the median income for Barnstable for 2010 is $75,300.00 and the.income limit for a two (2) bedroom unit (which is deemed to be three (3) person occupancy) is $56,300.00. Ownership of the one affordable unit will be retained by LIFE. LIFE will rent the unit at the affordable rental rate applicable at the time of occupancy to an income eligible renter. The remaining three units will be "for sale" market rate units. The projected average sale price for the three (3) market units will be approximately $250,000.00. Participation in LIP qualifies the housing as "low and moderate income" housing as defined in the statute. See,Commonwealth of Massachusetts Department of Housing and .Community Development ("DHCD") regulations at 760 CMR 56.02 et. seq.("the regulations"). application is required. z The substitution of an existing two(2)bedroom unit as the additional affordable unit instead of one of the proposed new one(1)bedroom units was also previously approved by the Board by a Minor Modification filed on November 15,2006;see copy submitted herewith. 2 The statute essentially creates a state mandate to local cities and towns to allow the construction of low and moderate income housing that requires relief from otherwise applicable local requirements and regulations, including but not limited to zoning by- laws, subdivision rules and regulations, and local Board of.Health and Conservation Commission regulations, when there is a substantial need for low and moderate income housing..Rather than applying to the various local boards and department for otherwise applicable permits, the applicant applies only to the Zoning Board of Appeals for a "Comprehensive.Permit. A Zoning Board of Appeals can insist on full compliance with all such local requirements and regulations only if they are, in the words of the statute, consistent with local needs." They will be considered "consistent with local needs" if they are reasonable taking into account "the regional need for low and moderate income housing considered with'the number of low income persons in the city or towns affected and the need to protect the health or safety of the occupants of the proposed housing or of the city or town, to promote better site and building design in relation to the surroundings, or to preserve open space." The statute goes on, in section 20, to define certain minimal thresholds of low or moderate income`housing that, if not attained in a city or town, would cause the local rules and regulations.to automatically be treated as not consistent with local needs, unles''s the town can prove that the planning, health, and safety concerns outweigh the regional housing need. The Town of Barnstable falls short of the minimum: the percentage required in terms of number of housing units is 10%; Barnstable has 6.7 % (based on DHCD Subsidized Housing Inventory, revised through April 1, 2010, hereinafter"DHCD .. i statistics"). The mandate created by the statute to create affordable housing still applies • 3 to Barnstable. In fact, when the statutory minimum is not met, there is a legal • presumption that there is a substantial regional housing need that outweighs local concerns. 760 CMR 56.07(3)(a). The Board is authorized by 760 CMR 56.05(11) to modify a Comprehensive Permit if the Applicant desires to change the details of its proposal as approved by the Board. Only the changes in the proposal or aspects of the proposal affected thereby shall be at issue in such hearing. The Applicant believes, for all the reasons hereinafter set forth,that the project meets the standards for a Comprehensive Permit under the statute, that it is consistent with the Town of Barnstable Housing Plan, and that the program and housing provided by LIFE are an asset to the town. 2. STANDING AND STATUS a) Organizational Status of Applicant In order to apply for a Comprehensive Permit, an applicant must be either a limited dividend organization, a non-profit organization, or a public entity. See 76.0 CMR 56.04(1)(a). The Applicant is a non-profit organization. b). Control of the Land The Applicant has a letter dated September 19, 2005 from C. Ronald Sturz, president of the LIFE Condominium Association stating that the Living Independently Condominium Association Trust has agreed to sell the developments rights to the Applicant. Therefore, the Applicant has control of the land, as required by the regulations, 760 CMR 56.04(1)(c). • 4 .c) Site Acceptability • The Applicant has received a Project Eligibility (Site Approval) letter from DHCD dated March 30, 2006, as extended. Therefore, the fulfills the requirement of 760 CMR 56.04(1)(b) that: "The project shall be fundable by a subsidizing agency under a low and moderate income subsidy program." Therefore, based on (a), (b), and (c) above, the Applicant meets the jurisdictional requirements of the statute and the regulations and has standing before the Board of Appeals. 3. DESCRIPTION OF THE PROJECT a) Applicant's Background LIFE is a Massachusetts non-profit corporation that previously constructed the sixteen existing units at the proposed project locus. LIFE's purpose is to provide �► supported independent living for adults with learning disabilities on Cape Cod. It has successfully built and operated this.Hyannis campus since its inception in 1992. It has also successfully built and operated a similar campus with 24 condominium homes for learning disabled adults in Mashpee. Please see the brochure submitted herewith. b) Physical Characteristics The project site is approximately 3.99+/- acres site lot located at 550 Lincoln Road Extension There are currently sixteen(16) condominium units and one office/recreation building on the site. The site is level and there are no wetlands. The development will be serviced by municipal water and sewer and natural gas and electric utility services are already at the locus. • 5 z A tabulation of ground area coverages for impervious area (building area and • paved area), landscaped area and open space area is submitted herewith, as is a Unit Mix Chart. The proposed units are all one bedroom units with approximately 705 sq. ft. each. c) Description of surrounding area. The site is bounded by a residential neighborhood with small lots developed. Eight of the existing units are accessed via Lincoln Road Extension, and eight are accessed via Castlewood Circle. The proposed additional building with 4 one bedroom units will be accessed via Castlewood Circle. Castlewood Circle is also the site of the Settler's Landing 49 unit affordable subdivision, the southern end of which is right across from the LIFE locus (29 houses under the local PIAHD Bylaw and 20 houses under a Chapter 40B Comprehensive Permit), 'approximately two blocks away from the Schooner's Landing affordable subdivision off of Pitcher's Way with 29 houses under the li local PIAHD Bylaw. d) Affordability As stated above, the one (1) affordable 2 bedroom condominium unit will be rented to.eligible persons under LIP, whose incomes are no more than 80% of the annual ' median income for Barnstable. Thus, the maximum rental rate for the one bedroom affordable unit will be $1,173.00 per month. The two existing Local Initiative Program "Regulatory Agreements and Declarations of Restrictive Covenants for Rental Projects", one dated March 22, 1993. and one dated December 16, 1996, will be modified to include the additional affordable rental unit. See copies submitted herewith. • 6 i e) Impacts No adverse impacts are anticipated. The overall total density of the completed development (20 housing units on the 3.99 acre site) will be 5.0 units per acre and poses no detriment to the area. The proposed density is appropriate for the site and the area and is in keeping with density guidelines of the greater of 8 units per acre, or 4 times the surrounding density. 4. REQUEST FOR. WAIVERS FROM LOCAL BY-LAWS, RULES AND REGULATIONS The Applicant seeks waivers from the Barnstable local Bylaws, rules and regulations, as shown on the attached Request for Waivers. The Applicant also requests that waivers be granted from any requirements to apply to the Town or other municipal Boards or departments, including but not limited to the Public Works Department, Board of Health, Board of Selectmen, and Planning Board, if normally required. The Applicant further seeks waivers from any requirements for paying for any fees related to the development of this project, including but not limited to fees for building permits, and from any requirement to post a bond or cash or covenant in connection with site or utility development; and further, the Applicant asks that the Comprehensive Permit be issued in lieu of all of the aforementioned permits, inclusively. The applicant also seeks waivers from the applicability of such other sections of the Zoning By-laws, Planning Board Rules and Regulations, Board of Health Rules and Regulations, and/or such other local by-laws, rules and regulations that would otherwise be applicable to this development. 7 ' 5. CONCLUSION • This proposal is the result of the Applicant's effort to come u with a housing p pp P g development that is economically feasible while still providing an affordable home under LIP. It is a proposal that is compatible with the neighborhood, is not harmful to the environment, and will provide specialized and needed affordable housing in the Town of Barnstable. As a Local Initiative Program,project, the proposed project has the support of the Town of Barnstable, and the existing LIFE campus has been well operated and a good neighbor for many years. Balancing the planning need of the Town versus the housing need,the development clearly merits approval. For all of the above reasons, the Applicant believes that the Board of Appeals should grant the relief requested and issue the Modification to the Comprehensive Permit pursuant to the application.. Respectfully submitted, Living Independently Forever, Inc. By its attorney, Peter L. Freeman Freeman Law Group 86 Willow Street,Unit 6 Yarmouthport, MA 02675 508-362-4700 508-362-4701 fax Dated: September 15, 2010 8 • LIFE at Hyannis—Parcel A TABULATION OF GROUND AREA COVERAGES Site Area 14, 273 sf+/- = 100% Building Area 1,740 sf.+/- = 12.2 Parking/Sidewalk = 1,440 sf+/- = 10.1 Open Space/ = 11, 093 s.f +/- = 77.7 Landscaping q UNIT MIX CHART Units Bedrooms Bath Square Footage 1-4 1 1 705 r • WAIVERS § 47-6 Waive Building Permit Fees § 184-2 Authorize connection of proposed building to the Town Sewer System. Waive Sewer Connection Fee § 240-12 Allow multi unit residential building in Residential District § 240-56 Waive requirement for 1 visitor space parking. § 901-2 Waive requirement for separate sewer connection permit § 901-5 A, D, F Waive requirement from obtaining separate permits or licenses from individual Town boards, departments or commissions. Article XI—Growth Management—Waive in its entirety f The Commonwealth of Massachusetts William Francis Galvin-Public Browse and Search Page 1 of 3 a The Commonwealth of Massachusetts 4 E William Francis Galvin Secretary of the Commonwealth, Corporations Division 3. One Ashburton Place 17th floor Boston MA 02108-1512 Telephone: (617) 727-9640 LIVING INDEPENDENTLY FOREVER, INC. Summary Screen Help with this farm Roquest a ertlficate ? P ...yam The exact name of the Nonprofit Corporation: LIVING INDEPENDENTLY FOREVER, INC. Entity Type: Nonprofit Corporation Identification Number: 223190452 Old Federal Employer Identification Number(Old FEIN): 000392759 Date of Organization in Massachusetts: 04/28/1992 Current Fiscal Month/Day: / Previous Fiscal Month/Day: 06/30 The location of its principal office in Massachusetts: o. and Street: 550 LINCOLN ROAD EXTENSION ity or Town: HYANNIS State: MA Zip: 02601 Country: USA If the business entity is organized wholly to do business outside Massachusetts,the location of that office: No. and Street: City or Town: State: Zip: Country: The name and address of the Resident Agent: Name: No. and Street: City or Town: State: Zip: Country: The officers and all of the directors of the corporation: Title Individual Name Address (no PO Box) Expiration First,Middle,Last,Suffix Address,City or Town,State,Zip Code of Term PRESIDENT MATTHEW CRONIN 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected TREASURER MATTHEW CRONIN 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified,and Elected SECRETARY. PETER CAPERNAROS 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected VICE CHAIRMAN WILLIAM MCKELVEY 550 LINCOLN ROAD EXTENSION Until Successor is http://corp.secatate.ma.us/core/corpsearch/CorpSearchSummary.asp?ReadFromDB=True&UpdateAllowed... 9/15/2010 The Commonwealth of Massachusetts William Francis Galvin- Public Browse and Search Page 2 of 3 • HYANNIS,MA 02601 USA Duly Qualified and Elected CHAIRMAN EARL JONES 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR JILL EDELSON 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR JOSIE BOUVIER 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR SUSAN REILLY 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR KAREN MEGATHLIN 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR MIKE LENEHAN 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR PAMELA DEMPSEY 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR PAT BAUER 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR DON MOORE 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR DAVID LEARY 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR NANCY JONES 550 LINCOLN ROAD EXTENSION Until Successor is, HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR KATHY TITUS 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR PETER BOWMAN 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR JOANN SIMONS 550 LINCOLN ROAD EXTENSION Until Successor is HYANNIS,MA 02601 USA Duly Qualified and Elected DIRECTOR JOSIE BOUVIER 550 LINCOLN ROAD EXTENSION 6/30/2014 HYANNIS,MA 02601 USA i httn //nnrn.fien.state.ma.n�/cnrn/rnrnsearch/('nrnRea.rch�ummarv.asn?ReadFromDB=True&Ut)dateAllowed... 9/15/2010 The Commonwealth of Massachusetts William Francis Galvin-Public Browse and Search Page 3 of 3 Consent _ Manufacturer _ Confidential Data _ Does Not Require Annual Report' Partnership _ Resident Agent _ For Profit _ Merger Allowed Select a type of filing from below to view this business entity filings: ALL FILINGS Annual Report Application For Revival Articles of Amendment Articles of Consolidation - Foreign and Domestic a x Fllings - New Search r �� .. Comments ©2001 -2010 Commonwealth of Massachusetts All Rights Reserved Help • htti)://cora.sec.state.ma.us/com/comsearch/CoroSearchSummarv.asn?ReadFronlDB=True&U-DdateAllowed... 9/15/2010 Commonwealth of Massachusetts DEPARTMENT OF •HOUSING & W' CO TY DEVELOPMENT o Mitt Romney,Governor ♦ Kerry-Healey,Lt Governor ♦ Jane Wallis.Gumble,Directoi March.3 0,2006 Mr. Gary Brown,President Town Council 367 Main Street I Hyannis,MA 02601 f Mr. Barry Schwartz I Executive Director Living Independently Forever,Inc. I 550 Lincoln Road Extension Hyannis, MA 02601 RE: 550 Lincoln Road Extension Hyannis—Local Initiative Program Determination of site eligibility and preliminary approval under LIP Dear Mr. Brown and Mr. Schwartz: I am pleased to inform you that your application for Local Initiative Program(LIP).designation for the proposed 550 Lincoln Road Extension Local Initiative Program project in Hyannis, Massachusetts,has been approved, subject to the fulfillment of the conditions listed below. This approval is based on your application that sets forth a plan for four(4)units of housing,three(3)to be sold at market rate and one (1)to be retained by the project sponsor and rented as a LIP unit. The proposed rent for the LIP unit is generally consistent with the standards for.affordable housing to be included in a community's Chapter 4.0B affordable housing.stock. The project sponsor, Living Independently Forever, (LIFE)Inc., owns the proposed project site. As part of the review .process,the Department of Housing and Community Development(DHCD)has made the following findings: 1. The proposed project appears generally eligible under the.requirements of the Local Initiative Program, subject to final program review and approval. 2.. DHCD has performed an on-site inspection of the'proposed project site. 3. The proposed housing design is appropriate for the site. 4. The proposed project appears financially feasible in the context of the Hyannis housing market. 5. The initial pro forma-for' the project appears financially feasible on the basis of estimated development costs. • 6. The project sponsor and the development team meet the general eligibility standards of the Local Initiative Program. 100 Cambridge Street,Suite 300 www.ma.ec any/rlhcr9 II The proposed project will be required to comply with all state and local codes not specifically ( _ exempted bya comprehensive permit. In applying for a.comprehensive permit,the project sponsor • should identify all aspects of the proposal that will not comply with local.requirements. ( The endorsement of the 550 Lincoln Road Extension project application by the Barnstable Town Council fulfills the requirement of local action under 760 CMR 45.00. IFollowing the issuance of the comprehensive permit,the specifies of this project must be P P J formalized in a regulatory agreement signed by the municipality,the project.sponsor, and DHCD prior to starting construction. Information concerning both the regulatory agreement and the procedures that must be followed for the sale of the affordable unit will be forwarded to you b Y Y DHCD. In preparation for signing of the regulatory agreement, the DHCD legal office will review I the comprehensive permit and other project documentation. Additional information maybe I requested as is deemed necessary. Your cooperation in providing such materials P P , g will help the project move toward construction as quickly as possible. As stated in the application, the 550 Lincoln Road Extension project will consist of 4 units, one of which will be a LIP unit eligible for inclusion in the town's subsidized housing inventory. The mix ofthree market rate for sale units and one affordable rental unit is atypical as the LIP premise is for affordable units to represent 25% of each unit size and type. However,the staff of LIFE,Inc.has clearly demonstrated its clientele's need for both ownership and rental units,with particular need for affordable rental units. Further, the proposed project is an extension of the existing development built and operated by LIFE,Inc. with town support. As such, DHCD is willing to approve the unit mix as proposed. The affordable unit will be marketed and rented to a household ' whose annual income may not exceed 80% of area median income, adjusted for household size,,as determined by the U.S.Department of Housing and Urban Development. The initial monthly rent for the affordable unit may not exceed$1,004 and is currently proposed as $861. DHCD staff.conducted a site visit on February 10, 2006 and reviewed the project. The conditions that must be met prior to final DHCD approval include: 1. Submission to DHCD of the finalized details of the comprehensive permit, a marketing plan and the description of the procedures to be followed for the lottery to be held for the allocation of the LIP unit. LIFE, Inc. maintains lists of interested buyers and tenants who shall be notified of the new affordable rental unit. In addition,the unit shall be advertised throughout LIFE Ine.'s service area in accordance with affirmative fair marketing standards. The marketing plan shall include a posting on the Citizens' Housing and Planning Association(CHAPA)website, www.chqpa.org/housing lotteries htm. 2. DHCD must approve any changes to the application it has just reviewed and approved, including but not limited to alterations in unit mix, sales price, development team,unit design, or site plan. As the 550 Lincoln Road Extension project nears completion of construction,DHCD staff may visit the site to ensure that the development meets program guidelines. I 3. The 550 Lincoln Road Extension project must be organized and operated so as not to violate the state anti-discrimination statute (M.G.L. c151B) or the Federal Fair.Housing • statute (42 U.S.C. s.3601 et seq.). -No restriction on occupancy may be imposed on the affordable unit(other than those created by state or local health and safety laws [ regulating the number of occupants in dwelling units). 4. Within three months of occupancy of the unit,the Project Sponsor must submit to both I DHCD and the Barnstable Town Council a project cost accounting prepared by a ( certified public accountant. l This letter shall expire two ears from this date or on March 3 Y 0, 2008,unless a comprehensive permit has been issued and construction has begun. We con tulate the Town of Ba rnstable arnstable and the project sponsor on their efforts to work together to increase the town's supply of affordable housing. If you have any questions as you proceed with the project,please call Marilyn Contreas at(617) 573-1359 or Erin Bettez at(617) 573-1309. Sincerely, Jane allis ble Director cc: John Klimm, Town Administrator Daniel M. Creedon III, Chairman,Zoning Board of Appeals Laura Shufelt,Barnstable Housing Committee Robert D. Smith,Town Attorney Peter L.Freeman,Esq. Policy Office, DHCD Legal Office,DHCD • Commonwealth of Massachusetts 02 DEPARTMENT OF DOUSING & COMMUNITY DEVELOPMENT Deval L.Patrick,Governor ♦ Timothy P.Murray,Lt.Govemor ♦ Tina Brooks,Undersecretary June 9,2008 Barry Schwartz Executive Director Living Independently Forever,Inc. 550 Lincoln Road Extension Hyannis,MA 02601 John C. Klimm Town Manager Town of Barnstable 367 Main Street Hyannis,MA 02601 Dear Messrs. Schwartz and Minim, RE: 550 Lincoln Road Extension H annis--Local Initiative Pro Site Eligibility Letter Extension and Approval of Project Modification Dear Mr. Conroy and Mr. Kowalczyk: We have received and reviewed your requests of March 10 and 29,2008 to extend the site eligibility letter of March 30,2006 for the above referenced project. Since issuance of the DHCD letter in 2006,the project received a comprehensive permit(August 8,2006)and, on November 15,2006,the, town's zoning board of appeals issued a modification to the permit. Based on the facts set forth in your request regarding delays in construction, we believe that an extension of the site eligibility letter is warranted and we hereby extend the letter to June 9', 2010. Further, we note that the town has modified the comprehensive.permit. This modification adds another existing building and, thereby increases the total number of units in the project. Further, there is redistribution of the affordable units_The modification removes the 1 bedroom affordable unit in the yet-to-be constructed building to a 2 bedroom affordable unit in an existing building noted in the modification. The total number of units on the site will be 20 units, 11 of which will be affordable. Since the regulatory agreement process has not yet begun,this modification will be incorporated into the agreement. Also,DHCD will need to approve the maximum rent for this unit. Please contact this office regarding this rent. Finally,the amendment to the regulatory agreement must be executed prior to the start of construction. 100 Cambridge Street,Suite 300 www.mass.gov/dhcd Boston,Massachusetts 02114 ' 617.573.1100 Page 2 Hyannis-559 Lincoln Rd. Local Initiative Program Please contact Toni Coyne Hall at 617-573-1351 for farther information. r Sincerely i; Catherine cer Associate b ector cc: Ruth Weil, Growth Management Gail Nightingale, Zoning Board of Appeals Peter Freeman,Esq.V t f /09/30/2005 11:47 5007784919 PAGE 02 i I1 ' l ' Dimtor Office of Community and 1?canooi Development I Town of Barnstable 230 South Street IHyanniS,.�V1A 02601 Monday 14 Septomber 2005 Dear Sirs: The Living Independently Forever Condominium Trust has agreed to sell development rights to Living Independently Forevcr,Ino., a MA non-profit or$anization,fi)r $122,000,00, These rights allow for the construction of an additional residential building of tur,one-bodro=touts on the existin.0 condominium property located at 550 Linooin Road Extension,Hyu'>nis NU 02601. Sincerely, I CRonald Stun President df the :HE Condominium.Associa Page 1 of 8 Department of Housing and Community Development • Chapter 40B Subsidized Housing Inventory(SHI) as of April 1, 2010* 2000 Census Year Total Development Community Round Housing Units Units SHI Units % Abington 5,332 504 471 8.8% Acton 7,645 892 517 6.8% Acushnet 3,879 127 97 2.5% Adams 4,352 324 324 7.4% Agawam 11,588 504 472 4.1% Alford 173 0 0 0.0% Amesbury 6,570 859 495 7.5% Amherst 9,020 1,125 1,023 11.3% Andover 11,513 1,326 1,043 9.1% A uinnah 155 41 41 26.5% Arlington 19,358 1,307 1,102 5.7% Ashburnham 1,997 147 32 1.6% Ashby 1,000 0 0 0.0% Ashfield 770 2 2 0.3% Ashland 5,781 348 243 4.2% Athol 4,775 255 255 5.3% Attleboro 16,519 1,198 1,198. 7.3% Auburn 6,551 212 212 3.2% Avon 1,737 74 74 4.3% Ayer 3,141 463 293 9.3% Barnstable 20,266 1,811 1,352 6.7% Barre 1,981 82 82 4.1% Becket 739 0 0 0.0% Bedford 4,692 979 857 18.3% Belchertown 5,002 396 370 7.4% Bellingham 5,632 582 532 9.4% Belmont 9,936 328 328 3.3% Berkley 1,870 130 15 0.8% Berlin 891 182 60 6.7% Bernardston 862 24 24 2.8% Beverly 16,150 1,935 1,859 11.5% Billerica 13,055 1,432 1,186 9.1% Blackstone 3,321 165 123 3.7% Blandford 472 2 2 0.4% Bolton 1,472 192 47 3.2% Boston 250,367 50,116 48,503 19.4% • Bourne 7,787 1,189 562 7.2% Boxborou h 1,900 324 24 1.3 0 Boxford 2,602 64 23 0.9% http://www.mass.gov/Ehed/docs/dhcd/hd/shi/shiinventory.htrn 9/14/2010 MHP FUND 2010 INCOME LIMITS FOR AFFORDABLE UNITS At least 20% of the units in an MHP-financed project must be affordable to households earning no more than 50% of the area median income, or at least 40% of the units must be affordable to households earning no more than 60% of the area median income, or at least 50% of the units must be affordable to households earning no more than 80% of the area median income. Alternatively, at least 25% of the units in each project must be rented to households earning less than 80% of the median area income, provided that the maximum allowable restricted rents are at least 10% below comparable market rents. The MHP Fund requires that tenants in affordable units meet income-eligibility guidelines, and also requires that the rents for the affordable units not exceed the Maximum Allowable Rents published annually by the MHP Fund.,"TC" refers to Multifamily Tax Subsidy Income Limits and are to be used for projects funded with tax credits. Please contact the MHP Fund for more information about determining the income-eligibility of tenants. Here are the current income requirements for new tenants in affordable units: Area Median Income (AMI) 1 PERSON 2 PERSON 3 PERSON 4 PERSON 5 PERSON 6 PERSON 7 PERSON 8 PERSON Barnstable Town, MA 30%AMI 16,450 18,800 21,150 23,450 25,350 27,250 29,100 31,000 50%AMI 27,400 31,300 35,200 39,100 42,250 45,400 48,500 51,650 TC 50%AMI 27,400 31,300 35,200 39,100 42,250 45,400 48,500 51,650 60%AMI 32,880 37,560 42,240 46,920 50,700 54,480 58,200 61,980 TC 60%AMI 32,880 37,560 42,240 46,920 50,700 54,480 58,200 61,980 80%AMI 43,800 50,050 56,300 62,550 67,600 72,600 77,600 .82,600 110%AMI 60,280 68,860 77,440 86,020 92,950 99,880 106,700 113,630 Boston-Cambridge-Quincy,MA 30%AMI 19,300 22,050 24,800 27,550 29,800 32,000 34,200 36,400 50%AMI 32,150 36,750 41,350 45,900 49,600 53,250 56,950 60,600 TC 50%AMI 32,150 36,750 41,350 45,900 49,600 53,250 56,950 60,600 60%AMI 38,580 44,100 49,620 55,080 59,520 63,900 68,340 72,720 TC 60%AMI 38,580 44,100 49,620 55,080 59,520 63,900 68,340 72,720 80%AMI 45,100 51,550 58,000 64,400 69,600 74,750 79,900 85,050 110%AMI 70,730 80,850 90,970 100,980 109,120 117,150 125,290 133,320 Brockton, MA 30%AMI 16,800 19,200 21,600 23,950 25,900 27,800 29,700 31,650 50%AMI 27,950 31,950 35,950 39,900 43,100 46,300 49,500 52,700 TC 50%AMI 27,950 31,950. 35,950 39,900 43,100 46,300 49,500 52,700 60%AMI 33,540 38,340 43,140 47,880 51,720 55,560 59,400 63,240 TC60%AMI 33,540 38,340 43,140 47,880 51,720 55,560 59,400 63,240 80%AMI 44,700 51,100 57,500 63,850 69,000 74,100 79,200 84,300 110%AMI 61,490 70,290 79,090 87,780 94,820 101,860 108,900 115,940 G:Groups/Lending/Rental/Marketg/MAXRENT 2010Income Limits 6/17/2010 C MHP FUND 2010 MAXIMUM ALLOWABLE RENTS FOR AFFORDABLE HOUSING UNITS At least 20% of the units in an MHP-financed project must be affordable to households earning no more than 50% of the area median income, or at least 40%of . the units must be affordable to households earning no more than 60% of the area median income, or at least 50% of the units must be affordable to households earning no more than 80% of the area median income.Alternatively, at least 25% of the units in each project must be rented to households earning less than 80% of the median area income, provided that the maximum allowable restricted rents are at least 10%below comparable market rents, 'The MHP Fund requires that tenants in affordable units meet income-eligibility guidelines, and also requires that the rents for the affordable units not exceed the Maximum Allowable Rents published annually by the MHP Fund. These rents assume that the landlord pays all utilities; an allowance for any utilities paid by tenants must be deducted from these rents. Utlity allowances are available from the local housing authority or by calling the MHP Fund. "TC"refers to Maximum Allowable Rents under the Tax ` Credit Program. Here are the current Maximum Allowable Rents for the affordable units in all MHPAnanced projects: #Bedrooms SRO Studio 1 BR 2BR 3BR 4BR Barnstable Town, MA 30% RENT 308 411 440 528 610 681 50% RENT 513 685 733 880 1,016 1,135 TC 50% RENT 685 685 733 880 1,016 1,135 60% RENT 616 822 880 1.,056 1,220 1,362 TC 60% RENT 822 822 880 1,056 1,220 1,362 80% RENT 821., 1,095 1,173 1,407 1,626 1,815 110% RENT 1,130 1,507 1,614 1,936 2,237 2,497 Boston-Cambridge-Quincy, MA .30% RENT 361 482 516 620 716 80 50% RENT 602 803 861 1,033 1,193 1,331 TC.50% RENT 803. 803 861 1,033 1,193 1,331 60% RENT 723 964 1,033 1,240 1,432 1,597 TC 60% RENT 964 964 1,033 1,240 1,432 1,597 80%° RENT 845 1,127 1,208 1,450 1,675 1,868 110% RENT 1,326 1,768 1,894 2,274 2,626 2,928 Brockton, MA 30% RENT 315 420 450 540 623 695 50% RENT 523 698 748 898 1,037 1,157 TC 50% RENT 698 698 748 898 1,037 1,157 60% RENT 628 838 898 1,078 1,245 1,389 TC 60% RENT 838 838 898 1,078 1,245 1,389 80% RENT 837 1,117 1,197 1,437 1,660 1,852 110%RENT 1,152 1,537 1,647 1,977 2,282 2,546 Lawrence, MA 30% RENT 336 448 480 576 665 742 50% RENT 560 747 800 960 1,109 1,237 TC 50% RENT 747 747 800 960 1,109 1,237 60% RENT 672 897 960 1,152 1,331 1,485 TC 60% RENT 897 897 960 1,152 1,331 1,485 80% RENT 845 1,127 1,208 1,450 1,675 1,868 110% RENT 1,233 1,644 1,761 2,112 2,440 2,722 G;Groups/Lending/RenlaYMarketg/MAXRENT 2010 Rent Limits - 7/2/2010 X ' o ' ' JON FIDDER 1 G ViS l 1JJa/J04 ((ll ERIC R ARY HUILER m I 43JJ/J LOCUS RAP Y ca/Dx FND.\ YD ' wmm 0B LISA—HERS. ASSESSOR NAP 272.LOTS 25-I MU 25-8 \\ 6 - I _ SARAN JORDAN ZONING DISTRICT:IC-1.MIN FRONTAGE-125' 1a4• CTF. JS - SETBAGJ:FRONT-JO'.SIDE J REM IS' NICHOLAS I—.. IRS. MIN.LOT AREA-4J560 S.F. FRANCO FAMILY NOMINEE TRUST A[�Tu/A�YouOm AAu 6ROI1N0 RATER/ROTECIIOH OVERLY DISMICT:G/ - L I Ml TL'D RIGHT OF WAY ZONES OF CONTRIBU ION:2 AND J ' FLOOD ZONE C.A➢250001 OOOS L.DRIED 8/19/83 a'P\ 1z...S.F.♦♦ + - �__ OMERr LIFE.INC. SSA I ROAD EXTENSION PARCEL ♦♦� HYANNIS.S,ICI MA o2601 EXT \ 14.213J B.F.A SOB-110-J600 \ NOT A SEPARATE AIM:HEATHER A1GHr \euaorxo Cor ,•\`�^• / PARCEL 8 1ST 0—J.F. GRL B PATRICIA NEDEAU CM.IOBJ66 ' OR/yP ,. Iw,lwL.HOLD AArw SO'I/OE PR/VATF .IS — PARKING CALCULATIONS: — -� `a-as• W. .. �1 6S REQUIRED:1.1 SPACES/OL'ELL INO UNIT ICUs f YISITW//O RfOU/RED SPACES I SPACE/SOO S.F.OFFICE'FACE <y oP fa UNITS X 1., -24 SPACES V151-1 1 SPACES , 1160 S.F.OFFICE/J00:4 SPACES / :s/4..• s PETER C.B SUSM H.R/ZZO TOTAL J/SPACES CTF.f16101 _ Lt p • Oe 00 PARKING SPACES/ROVIOfD -24 SPACES g a ..64 AREA CALCULATIONS: W m g ,,HI 's.• D„ _ TOTAL LOT AREA -07—S.F. IMPERVIOUS MEA 45.IN'S.F.-26 s L.50 s MAX. y c ♦ o AURAL AREA 56.SN'J.F.-JT s J SO s MIN. `♦ „ s ` - \ •�•� I o - N/LHOLAs FANCO.TFJ, n \�•` '°tlr+•, ' FRANGD FAMILY NOMINEE TRUST• °w • \ A4� o NOTES: ALFRED A OR RA LECLAIRE CIF. 121211 1.PROPERTY LINE INFORMATION WAS COMPILED qq FROM AVAILABLE PLANS AND DEEDS OF RECORD d AND DOES NOT REPRESENT AN ACTUAL ON THE •'' b\\ EXISTING BUILDINO 2 \\I� , II177TR GOLON0 S.—. \� PROPOSED\ ' • TORAGE \ R'%'•' 2.'ELEV TIONS SHOWN REFER TO NATIONAL GEODETIC VERTICAL DAMN J.BENCH ARK USED:I IOC.EL£V. 75.68 OR,BENGN ARK SET.SEE PLAN. - _ !•'., AA.. \\ me / r •J QQQQQQ L[STORM IA TER RUNOFF DUO PROPOSED I0ERVIOUS SURFACES SACL CONTAINED - �- N THE LOT. DMIEL N<KENA 6-THE LOCATI AN AND SIZE OF THE PROPOSED \,t ♦ml^� \ 01LITIE4 ME ENE i0 APPROVAL OF THE ATE _ � A/➢RO/RI AGENCICIES.S. \ ♦ •i ♦ I _..... �Y♦\. �\ R add, f B.N.CB/OH - . EI.•SB.1O NO E 1\\ • 1 t• _ /' _ F. \�, \ •I lI / ,i• ` ♦ STANLEY 6 AFY BONG ------ I '\ EQ\SEMENT 1 ` 70'W/Of. Po. 1. \,' \\ J.421J$.F. j...........y....: pmuL.00vm rE, ``♦ ♦`'al ORA/ 1 •Till .:y /. / ♦\ - S_ o e`I EDIARD;ASHLEY � CM.I..". \\ F VINCENT DENISI ♦I S CTF.84659 KENHEM DEBMROI \P' O CTF.89817 O•Z MIS➢LAN AY SEEN PREPM£D IN COWORM1IY 1/M - V THE RULES AND REGULATIONS OF ME REGISTERS OF DEEDS FOR ME MWONIEMM OF ASSACIRISETTS. - .oAe/r vaaFEJsloxAt tAlm uRr of S/ TE PLAN OF LAND /N •'ME PROPERTY LINES SHOW HEREON ME ME LINES DIYI DING EXISTINo ORA]LSN", —LINES OF HYA NN/S. "A . STREETS AND RAYS JAW ME MOS£OF PUSLIC OR PRIVATE STREETS AND RAYS ALREADY ESTABLISHED. PREPARED FOR NO NEW LINES FOR DIVISION OF al$T1NG OMERSHfP OR FOR HEY AYS ME SHOWN. - L /F E SCALE: / JO' ✓AN(/ARY 26. /995 ��f 7/,fix C-4070 REV/SEO: OCTOBER 26.' /995 'A E PROFESSIONAL IANO SURYE OA 5� 10 SeaLlocrLC L?nsMOVE IS INTENDED TO HEFT REGISTRY OF DEEDS � .'/ -\ w h3--P S. Mer .400601 REOUIREMENT4 AND/4 NOT A CERTIFIGiION TO THE `- 2�� �60BJ 776—4422 TI2E OR OMERMIP OF THE PROPERTY SHOW. DRIERS /a/�Pl CdOBJ 49P-6933 OF➢RO➢ER'I£4 SNORN ME ACCORDING TO CARENT LOIN ASSESSOR'S RECORDS. JOB NG:02-211 FIELD:6W/SM GLC:SAH p(ECR:GI DRN:JAN EXISTING SITE PLAN =/J Map Page 1 of 1 Town of Barnstable Geographic Information System New search Home I Help Parcel Viewer Custom Map Abutters Map Size ® ®® Zoom Out j fl flIn r Ra ar R ryn Q ® 1a JPG Map: 272 Parcel: 025-OOA Full a - � properly .. Location: 550 LINCOLN ROAD EXTENSION Info Owner: :27202500A LIVING INDEPENDENTLY FOREVE ', O o s , Location Information Map 8l Parcel 27202500A Location 550 LINCOLN ROAD EXTENSION Acreage 0.00 acres 8 e Current Owner a 4 • `° 8 r y, �. ' e - • a Mailing Address. LIVING INDEPENDENTLY FOREVER INC q$ • ..-.e a -8-- - 550 LINCOLN RD EXT HYANNIS,MA 02601 Appraised Value(FY 2010) 6 ¢ 8 • s e e a• °� �` Extra Features $22,600 aA c 6 6 4 a o a Out Buildings $0 a 8 0 6 6 r Land $0 a'G a ,a -p, e a • Buildings $409,000 o ?, a•a. @• Total Appraised $431,600 a <a a • ' $ Y a s a Assessed Value(FY 2010) Extra Features $22,600 e • o o a -a5a�] m.. 9 4 Out Buildings $0 Land $0 Buildings $409,000 Set Stale 1°= g52 I Aerial Photos I MAP DISCLAIMER Total Assessed 1;431.600 ._..._.. Copyright 2005-2010 Town of Barnstable,MA All rights reserved.Send questions or Comments to GIS BarnstableMA vl.2.3867[Production] f • http://66.203.95.236/arcims/appgeoapp/map.aspx?propertylD=2720250OA&mapparback-- 9/15/2010 i Map Page 1 of 1 Town of Barnstable Geographic Information System New Search Home I Help • Parcel Viewer Custom Map Abutters Map Size ® ®® Zoom Out 1 1 1 1 1 1 1 1 1In Is 7PG Map: 272 Parcel: 025-OOA Full rR r1 - Property _ 2721931W 2M1 2�e :_. �W 27 2Y204 Location: 550 LINCOLN ROAD EXTENSION Info 031 /200 ..a 2>?054 /119 272208'272173 272006 27303z0o1 2720a6 272048 /100 1120 157 Owner: _27202500A,LIVING INDEPENDENTLY FOREVF 272037 0101 /185 j .. �� @Igo 229 2722f0 b- /130 2n172 Location Information 22103008 - 277D38 nT;7'j-j' 186 971 ZOOS /fee 272035 272200 a Map&Parcel 27202500A .1/197 1178 f/141 p' 2nt93o07 272193011 �7 � 2n17t Location 550 LINCOLN ROAD EXTENSION .� y us - 272183010 `tl l� 272033 272211 883 Acreage 0.00 acres l2011, 272193012 2n102 :/15� 140'... 272193008 0273 /18 2 2n170 Current Owner 2n113020 .272101 272058005 095 l t7e y m1$013 /35 �!3 � Mailing Address LIVING INDEPENDENTLY FOREVER INC 2 4,104 2 272193021 m,88 /,184 /.170, 272193014. _ 550 LINCOLN RD EXT 27220t - 'is : - .i 21251) ?/'a5 ®/44 58004 /tog HYANNIS,MA 02601 l50. 27219301➢ A 272156 t, 71,� Milo 272DO JI��}`2n 272058003 t930I5- 27�31 Qmy� Appraised Value(FY 2010) /55 /204 272/27018 4 41/`6 272157 Extra Features $22,600 2n177 - - • 27209s - 2 /124 Out Buildings $0 /198 - "- - /� 272DOO 2 0133 Land $0 271 272184 9272501559 './ 4 '55atl X 2n181 272094 �/� 272158- Buildings $409,000 o'er /77 272108 pti3B Total Appraised $431,600 272010002 /, Jr ,..._ 272058001 oleo 272a 1 2ntsa$ 272003 "/82 m159 Assessed Value FY 2010 N533 - -04 272180- 087 /152 ( ) a50 5 x /530 2YtOB4 2e1065 ; Extra Features $22,600 272002/ '272184�+�t0 Out Buildings $0 27 1 2 182. J 272170 /92 272180 ./88 /97 /400 /521 /522 0175 t /188, 4 Land $0 Buildings $409,000 Set Scale 1" 253 � I Aerial Photos MAP DISCLAIMER Total Assessed 5431-600 Copyright 2005-2010 Town of Bamstable,MA All rights reserved.Send questions or comments to GIs BarnstableMA vl.2.3867[Production] i • http://66.203.95.236/arcims/appgeoal)p/map.aspx?propertylD=2720250OA&mapparbacl-- 9/14/2010 LIVING INDEPENDENTLY FOREVER, INC. MARKETING and LOTTERY PLAN FOR LIP AFFORDABLE UNIT The proposed construction of a new residential building, consisting of four, one bedroom condominium units within an existing 40B development,will create one(1)low-moderate income rental unit owned by the developer. 1 As defined in the Master Deed of the Living Independently Forever Condominium Trust,pages 8 and 9, all residents of the condominium must be "qualified individuals". "Qualified individuals" are defined as adults with significant learning disabilities who meet eligibility requirements to receive independent living support services from the LIFE Program. Maximum qualifying income of applicants, and maximum monthly rent for the one(1) low-moderate income rental unit(two bedrooms),will be established by the HUD allowances in effect at the future time of project completion and occupancy. Notice to potential applicants will be posted in newspapers within the region and provided to . related human service organizations. In addition to income limits, the notice must state the eligibility requirement as a "qualified individual" as determined by the intake process of LIFE. The notice period will be 30 days. Application forms will be available at the corporate office of Living Independently Forever, Inc. in Hyannis, MA upon the start of construction. Required eligibility evaluations for LIFE program support services will be initiated within 30 days thereafter. Selection of a qualified resident for the low-moderate income rental unit will be done by a lottery process after all eligibility evaluations are completed. The marketing and lottery functions will be conducted by designated LIFE,Inc. administrative staff As stated in the Application,the additional low-moderate income rental unit will be an existing two(2)bedroom • unit owned by the Applicant. _ 15202 BooK8490 FAE 099 A LOCAL INITIATIVE PROGRAM REGULATORY AGREEMENT AND DECLARATION OF RESTRICTIVE COVENANTS FOR RENTAL COMPREHENSIVE PERMIT PROJECT . This Regulatory Agreement and Declaration of Restrictive cove- nants (the "Agreement") is made this a:? ^ day of darch—, 1993— by and among the Commonwealth of Massachusetts, acting by and through the Executive Office of Communities and Development/Department of Community Affairs ("EOCD") , the cityprown of Rar.taFhie ("the Municipality"), and Living Independently Forever, Inca a Massachusetts corporation/limited partnership, having an address at P.O. Box 233, Hyannis,, MA_02601 and its successors and assigns ("Project Sponsor") . WITNESSET11: WHEREAS, pursuant to G.L. c. 408, 55 20-23 (the "Act") and the final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April 1989, regulations have been promulgated at 760 CMR 45.00 (the "Regula- tions") which establish the Local Initiative Program ("LIP") and Guidelines for communities have been issued thereunder (the C3 P.0 "Guidelines") ; co C.a WHEREAS, the Project: Sponsor intends to construct a rental housing development known as LIFE at a 3.99 acre site On Lincoln Road Extensinn Street/Road in the Municipality, more particularly described in Exhibit A attached hereto and made a part hereof (the "Project"); WHEREAS, such Project .is to consist of two (2) rental dwellings (the "Units"), five (5) for sale dwellings, and one (1) office, and both of the Units will be rented at rents specified in this Agreement to Eligible .Tenants as specified in Paragraph two of this Agreement (the "Low.and Moderate Income Units" ); WHEREAS, the Chief Elected Official of the Municipality (as that term is defined.in the Regulations) and the Project Sponsor have made application to EOCD .to certify that the Project is a valid Comprehensive Permit Project (as that term is defined in the Regulations) within the LIP Program and therefore that the Project Sponsor is qualified to apply to the Municipality's Board of Appeals (as that term is defined in the Regulations) for a comprehensive permit pursuant to the Act (the "Comprehensive Permlt") ; and urmnlRA--1 nne�p� Boom 8490 PALE 100 WHEREAS, in partial consideration of the execution of this Agree- ment, EOCD has issued or will issue its final approval of the Project within the LIP Program and has given and will give technical and other assistance to the Project; NOW, THEREFORE, in consideration of the agreements and covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other, EOCD, the Munici- pality, and the Project Sponsor hereby agree and covenant as follows: 1. The Project Sponsor agrees to construct the Project in accordance with plans and specifications approved by the Munici- pality and EOCD (the "Plans and Specifications") and in accor- dance with all terms and conditions of the Comprehensive Permit. In addition, all Low and Moderate Income Units to be constructed as part of the Project must be indistinguishable from other dwellings in the Project from the exterior, and must contain complete living facilities including but not limited to a stove, kitchen cabinets, plumbing fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications. n/a of the Low and Moderate Income Units shall be one bedroom units; two (2) of the Low and Moderate Income Units shall be two bedroom units; n�jq of the Low and Moderate Income Units shall be three bedroom units; and, n/a of the Low and Moderate Income Units shall be four bedroom units. All Low and Moderate Income Units to be occupied by families must contain two or more bedrooms. Low and Moderate Income Units must have the following minimum areas: studio units - 250 square feet one bedroom units 100 square feet two bedroom units - 900 square feet three bedroom units - 1200 square feet four bedroom units - 1400 square feet During the term of this Agreement, the Project Sponsor covenants, agrees, and warrants that the project and each Low and Moderate Income Unit will remain suitable for occupancy and in compliance with all federal, state, and local health, safety, building, sanitary, environmental, and other laws, codes, rules, and.regulations, including without limitation laws relating to the operation of adaptable and accessible housing for the handi- capped. Except to the extent that the Project is exempted from such compliance by the Comprehensive Permit, the Project must also comply with all similar local codes, ordinances, and by- laws. LIP•RNTLRA-2 Tvrani BOOK 8490 fA6E 1OJL 2. (a) Each Low and Moderate Income U it will be"rented in perpetuity for no more than tie rental rates set forth in Exhibit B attached hereto (the "Maximum Rents") to an Eligible Tenant. An Eligible Tenant is a tenant who satisfies the criteria set forth in the Guidelines. cur- rently, under the Guidelines, an Eligible Tenant is a person or family who has an annual income no greater than a Maximum Income of $ 33,000.00 , which is eighty percent (80%) of the regional median household income for a family of four. The Maximum Income for this project may be increased from time to time as the Maximum Income provided in the Guidelines is increased. The Maximum Income may be increased for larger families to the extent permitted by the Guidelines. The Maximum Rents set forth in Exhibit H for Low and Moderate Income Units having three or more bedrooms may be increased by $ n/a if such Low and Moderate Income Units are marketed with preferential marketing as approved by EOCD and the Municipality, (b) If• the Maximum Rents provided in chapter five of the Guidelines are increased, the Maximum Rents herein may be in- creased proportionately, but only with the prior approval of the Municipality and EOCD. (c) Throughout the term of this Agreement, the Project Sponsor shall annually determine whether the tenant of each Low and Moderate Income Unit remains an Eligible Tenant. This determination shall be reviewed by the Municipality and certified to EOCD as provided in section 2(e) , below. Any Low and Moderate Income Unit occupied by an Eligible Tenant at the commencement of occupancy shall be deemed a Low and Moderate Income Unit so long as (i) such unit continues to be rent restricted and (ii) the tenant's income does not exceed 140% of the Maximum Income. If the tenant's income exceeds 140% of the Maximum Income at the time of annual eligibility determination, then the Project Sponsor shall terminate that tenant's occupancy at the- end of the then current lease term , and rent the Unit to another Eligible Tenant. (d) The Project Sponsor shall enter into a written lease With each tenant of a Low and Moderate Income Unit which shall be for a minimum period of One year and which provides that the tenant shall not be evicted for any reason other than a substan- tial breach of a material provision of such lease. (e) Throughout the term of this Agreement, the Chief Elected Official shall annually certify in writing to EOCD that each of the Low and Moderate Income Units continues to be Low and Moderate Income Unit as provided in section 2(c) , above; and that the Project and the Low and Moderate Income Units have been maintained in a manner consistent with the Regulations and Guidelines and this Agreement. 3. Upon issuance of a' buildin g permit for the project, ,the ur rmrlRA-7 nnenr i . ( t I . r f i - C J. . eoox8490 FRc 102 • Project will be included in the Subsidized Housing Inventory as that term is described in 760 CMR 31.04(1) . Only Low and Moder- ate Income Units will be deemed low and moderate income housing as defined by the Act. 4. Each Low and Moderate Income Unit will be deemed low and moderate income housing and continue to be included in the s Subsidized.Housing Inventory for as long as the following three conditions are met: (1) this Agreement remains in full force and effect and neither the Municipality nor the Project Sponsor are in default hereunder; (2) the Project and the Low and Moderate Income Unit each continue to comply with the Regulations and the Guidelines as the same may be amended from time to time; and (3) the Unit remains a Low and Moderate Income Unit as provided in section 2(c) , above. S. Project Sponsor agrees that throughout the term of this agreement distribution of return to the Project Sponsor or to the partners, shareholders, or other owners of Project Sponsor or the Project shall not exceed ten percent (10%) of equity per year, as determined from financial statements approved by the Municipality and by EOCD as described below (the "Allowable Profit") . Upon issuance of a final Certificate of Occupancy for the Project or upon the issuance of final Certificates of Occupancy for all of the Units, the Project Sponsor shall deliver to the Municipality and to EOCD an itemized statement of total development costs together with a statement of gross income from the Project received by the Project Sponsor to date in form satisfactory to the Municipality and EOCD (the "Certified Cost and Income State- ment") prepared and certified by a certified public accountant satisfactory to the Municipality and to EOCD. If all units at the Project have not been rented as of the date the Certified Cost and Income Statement is delivered to the Municipality and to ' EOCD, the Project sponsor shall at least once every ninety (90) days thereafter until such time as all of the Units are rented, deliver to the Municipality. and to EOCD an updated Certified Cost and Income statement. After all units have been rented, the Project sponsor shall at least once every year thereafter deliver to the Municipality and to EOCD an itemized statement of income and expenditures in form satisfactory to the Municipality and EOCD (the "Certified Income and Expense Statement") prepared and certified by a certified public accountant satisfactory to the Municipality and to EOCD. All profits from the Project in excess of..-the Allowable Profit (the, "Excess Profit") shall be paid by the Project Sponsor to the Municipality for deposit in the Affordabl Housing Fund as provided"in section 6, below. 6. The Municipality agrees that upon the receipt by the Municipality of any Excess Profit, the Municipality shall deposit all such Excess Profit into an interest bearing account estab- lished with an institutional lender approved by EOCD (the "Af- fordable.Housing Fund") . Sums from the Affordable Housing Fund shall be expended from time to time by the Municipality for the UP4WTLRA-4 nnaat • ' -,► k. ------------ BooK8490 PACE .103 purpose of reducing the cost of Low and Moderate Income Units to Eligible Tenants or homeowners or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for persons and families of low and moderate income elsewhere. in the Municipality. The expenditure of funds from the Affordable Housing Fund shall be made only with the approval of EOCD, such approval not to be unreasonably withheld. 7. Prior to marketing or otherwise making available for rental any of the Units, the Project Sponsor must obtain EOCD's approval of a marketing plan (the "Marketing Plan") for the Low and Moderate Income Units. Such Marketing Plan must describe the tenant selection process for the Low and Moderate Income Units and must set forth a plan for affirmative marketing of Low and Moderate Income Units to minority households as more particularly described in the Regulations and Guidelines. At the option of the Municipality, the Marketing Plan may also include a prefer- ence for local residents for up to seventy percent (70%) of the Low and Moderate Income Units, subject to all provisions of the Regulations and Guidelines. When submitted to EOCD for approval, the Marketing Plan should be accompanied by a letter from the Chief Elected Official of the Municipality (as that term is defined in the Regulations) which states that the tenant selec- tion and local preference (if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the Marketing Plan which are set forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must comply with the Regula- tions and Guidelines and with all other applicable statutes, regulations and executive orders, and EOCD directives reflecting the agreement between EOCD and the U.S. Department of Housing and Urban Development in the case of NAACP. Boston Chanter v. Kemn. All costs of carrying out the marketing Plan shall be paid.by the Project Sponsor. A failure to comply with the Marketing Plan by the Project Sponsor or by the Municipality shall be deemed to be a default of this Agreement. The Project Sponsor agrees to maintain for five years following the initial rental of the last Low and Moderate Income Unit and for five years following all future rentals, a record of all newspaper advertisements, out- reach letters, translations, leaflets, and any other outreach efforts (collectively "Marketing Documentation") as described in the Marketing Plan as approved by EOCD which may be inspected at any time by EOCD. All Marketing Documentation must be approved by EOCD prior to its use by the Project Sponsor or the Municipal- ity. The Project Sponsor and the Municipality agree that if at any prior to or during the process of marketing the Low and Moderate Income Units, EOCD determines that the Project Sponsor, or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not adequately complied with the approved Marketing Plan, that the Project Sponsor or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be deter mined by EOCD. i UPANTLRA-5 11110192 i i • ff, . i aoox 6490 Fact 104 • B. Neither the Project Sponsor nor. the Municipality shall discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin, or any other basis prohibited by law in the selection of tenants; and the Project Sponsor shall not so discriminate in connection with the employ- ment or application for employment of persons for the construc- tion, operation or management of the Project. 9. The Project Sponsor agrees to comply and to cause the Project.to comply with all requirements of the Regulations and Guidelines and all other applicable laws, rules, regulations, and executive orders. EOCD and the Chief Elected official of the municipality shall have access during normal business hours to all books and records of the Project Sponsor and the Project in order to monitor the Project Sponsor's compliance with the terms of this Agreement. 10. Upon execution, the Project Sponsor shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for the County where the Project is located 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 Land Court for the County where the Project is located (collectively hereinafter the "Registry of Deeds") , and the Project Sponsor shall pay all fees and charges incurred in connection therewith. Upon recording or filing, as applicable, the Project Sponsor shall immediately transmit to EOCD and the Municipality evidence of such recording or filing including the date and instrument, book and page or registration number of the Agreement. 11. The Project Sponsor hereby represents, covenants and warrants as follows: (a) The Project Sponsor (i) is a non-profit corporation duly organized under the laws of the Commonwealth of Massa- chusetts, and is qualified to transact business under the laws of this State, (ii) has the power and author- ity to own its properties and assets and to carry on its business as now being conducted, and (ifi) has the full legal right, power and authority to execute and deliver this Agreement, (b) The execution and performance of this Agreement by the Project Sponsor (i) will not violate or, as applicable, has not violated any provision of law, rule or regula- tion, or any order of any Court or other agency or governmental body, and (ii) will not violate or, an applicable, has -not violated any provision of any indenture, agreement, mortgage, mortgage note, or other instrument to which the Project Sponsor is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited LIPANttRA-6 nnen� BOOK$490 FACE 05 encumbrance of any nature. (c) The Project Sponsor will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance (subject to encum- brances created pursuant to this Agreement, any loan documents relating to the Project the terms of which are approved by EOCD, or other permitted encumbrances, including morgages referred to in paragraph 19, below) . (d) 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 Project Sponsor, 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. 12. Except for rental of Units to Eligible Tenants as permitted by the terms of this Agreement, and except for the sale of the for sale dwellings, the Project Sponsor will not sell, transfer, lease, exchange, or mortgage the Project without the prior written consent of EOCD and the Municipality 13. (a) The Project Sponsor represents, warrants, and agrees that if the Project, or any part thereof, shall be damaged or de- stroyed or shall be condemned or acquired for public.use, the Project Sponsor (subject to the approval. of the lender(s) which has provided financing) will use its best efforts to repair and restore the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with this Agreement. (b) ,The Project Sponsor shall not demolish any part of the Project or substantially subtract from any real or personal property of the Project or permit the use of any residential rental Unit for any purpose other than rental housing during the term of the Agreement unless required by law. 14. 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 Agree- ment shall not affect the validity of the remaining portions hereof. 15. 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 LIP-eNn.RA-7 nnenr 1 Boox.8490 FACE 106 . addresses set forth below, or to such other place as a party may from time to time designate by written notice: EOCD: Executive Office of Communities and Development Attention: Local Initiative Program Director 100 Cambridge Street - Room 1804 Boston, MA 02202 Municipality—: Town of Barnstable c/o Town Manager Barnstable Town Hall 367 Main Street Hyannis, MA 02601 Project Sponsor: Living Independently Forever, Inc. P. 0. Box 233 Hyannis, MA 02601 16. (a) This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as. that term is defined in G.L. c. 184, § 31 and as that term is used in G.L. c.184, S 26, 31, 32 and 33. This Agreement is made for the benefit of EOCD, and EOCD` shall be deemed to be the holder of the affordable housing restriction created by this Agreement. EOCD has determined that the acquiring of such affordable housing restriction is in the public interest. The term of this Agreement, the rental restric- tions, and other requirements provided herein shall be perpetual. Project is acquired by foreclosure or by instrument eu of foreclosure, provided that the holder of the age gives EOCD and the Municipality not less thee' days prior written notice of the mortgage n�E q foreclose upon the Project or to accept an instru ieu oreclosure, except that this Agreement sha terminate if such acquisition is part of an arrangeme ith the Project Sponsor or a related person or entit purpose of which is to terminate this Agreement and the (b) The Project Sponsor intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions con- tained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Project Sponsor's successors in title, (ii) are not merely personal covenants of the Project Sponsor, and (iii) shall bind the Project Sponsor, its successors and assigns and up.n9nRA-8 �inero: eoo.8490 Pac( 107 enure to the benefit of EOCD and its successors and assigns for the term of the Agreement. Project Sponsor hereby agrees that any and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of thfB Agreement to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be ; satisfied in full. 17. The Project Sponsor and the Municipality each agree to submit any information, documents, or certifications requested by EOCD which EOCD shall deem necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the Munici- pality with the terms of this Agreement. 18. (a) The Project Sponsor and the Municipality each covenant and agree to give EOCD written notice of any default, violation or breach of the obligations of the Project Sponsor or the Municipality hereunder, (with a copy to the other party to this Agreement) within seven (7) days of first discovering such default, violation or breach (a "Default Notice") . If EOCD becomes aware of a default, violation, or breach of obligations of the Project Sponsor or the Municipality hereunder without receiving a Default Notice from Project Sponsor or the Municipal- ity, EOCD shall give a notice of such default, breach or viola- tion to the offending party (with a copy to the other party to this Agreement) (the "EOCD Default Notice") . If any such de- fault, violation, or breach is not cured to the satisfaction of EOCD within thirty (30) days after the giving of the' Default r notice by the Project Sponsor or the Municipality, or'if no Default Notice is given, then within thirty (30) days after the giving of the EOCD Default Notice, then at EOCD's option, and without further notice, EOCD may either apply to any state or federal court for specific • performance of this Agreement, or EOCD may exercise any other remedy at law or in equity or take any other action as may be necessary or desirable to correct non-compliance with this Agreement. (b) if- SO-1 -leets to terminate this Agreement t ,. of a breach, violation, or default hereof, which breac a tion, or default continues beyond the cure per' forth in this Section 18, then t a ncome Units and any other Units at the Proj c 14�p a an included in the Subsidized Housing Inv salt rom the date of such termina- tion no longer emed low and moderate income housing for the purpos he Act and shall be deleted from the Subsidized � r�q-inventory. (h) The Project Sponsor acknowledges that the primary purpose for .requiring compliance by the Project Sponsor with the restrictions provided herein is to create and maintain long-term affordable rental housing, and by reason thereof the Project LIP-MTL to-9 line»� soox 8490 Fact 08 • Sponsor agrees that EOCD or the Municipality or any prospective, present, or former tenant shall be entitled for any breach of the provisions hereof, and in addition to all other remedies provided by law or in equity, to enforce the specific performance by the Project Sponsor of its obligations under this Agreement in a state court of competent jurisdiction. The Project Sponsor further specifically acknowledges that the beneficiaries of its obligations hereunder cannot be adequately compensated by mone- tary damages in the event of any default hereunder. In the event of a breach of this Agreement, the Project Sponsor shall reim- burse EOCD for all costs and attorney's fees associated with such breach. 19. The Project Sponsor 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 the Consent to Regulatory Agreement attached hereto and made a part hereof. r I LIP•nNnRA-10 BOOK 8490 PAGE 109 f 4 Executed as a sealed instrument as of the date first above written. , Project S onso By: its �:r�,��., Executive office of Communities and Development/Department of Community fai By: it S retary M lcipality r By: ----� its I tr1.Jd"1�P,c K es ice.` (Chief Elected Official). Attachments: Exhibit A - Legal Property Description Exhibit B - Rents for Low and Moderate Income Units 491IpV•n-r. - . Consent to Regulatory Agreement • The Undersigned being the holder of a mortgage on the above described Project recorded with the Registry of Deeds in Book , Page , hereby consents to the execution and recording of this Agreement and to the terms and conditions hereof. (name of lender) By: its (If the Project has more than one mortgagee, add additional consent forme. Execution of the consent form by a mortgagee is only necessary if the mortgage has been recorded prior to the Regulatory Agreement.) ' UP-PNTLRA-11 1 fit 91112 - i A. 1 1 1 I I wK8490 KE ii0 • COMMONWEALTH OF MASSACHUSETTS COUNTY OF in> eUy� , es. , 199- ft":L'A'd �Vvq". Then personally appeared before me the above-named Via,,,, s L •j'7a�a�r' a0 Ss=--�z— 41nu Pi• d:._i- of the L u v +!' ' t r- (Project. Sponsor) and acknowledged the forego inggrnWtrument tb be.�hl*/hsrtgjst act and deed and the free act and deed of Zuf. 14 Notary Public 998 My Commission Expires: �cin• u� I PETER L FREEMAN,Notary Pubpe My Commission Expires Jan.30,1993 COMMONWEALTH OF MASSACHUSETTS/ COUNTY.OF SUFFOLK, as. ! t a(CIN ZX, 199--U) Then personally appeared before me the above-named A' A A (� �'y..i :w of the Executive Office of Communitie and Develop- ment/Department_ o ty Affairs and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of the ExecukV00 Office of communities and Development/Departm nt of Commun y Affairle,, Y W 1 ,•� •,�. Notary public �- Hy Commission Expires: > My Commission Expires Sept. t COMMONWEALTH OF MASSACHUSETTS COUNTY OF V >Agt srAML- ,ee. M/►RCN l6 , 1993 ,( Then Personally appeared before me the above-named \✓ARaeN 5 RoTNEaFoltb as the ANA c of the ekby/Town of�1 AFCNsr�.rs�� and acknowledged the foregoing instrument to be hie/hre free act and deed and the free act and deed of said 2fty/Town of vs%-C- Notary Hy c MMAK a�ssa RiMM "Ci COMMONWEALTH OF MASSA s kt�ipmho�a9 i9 COUNTY OF ,ss• l — Then personally appeared.before me the above-named Bank and as the of acknowledged its consent .to the foregoing instrument to hie/her free Bank,act and deed and the free act and deed of said. Notary Publics Hy Commission Expires: LIP•NNTLRA-12 nne s: • • 0006499 FACE • Consent to Reaulatory Agreement Re: (Project name) (City/Town) (Project Sponsor) The Undersigned being the holder of a mortgage on the above described Project recorded with the Registry of Deeds in Book , Page , hereby consents to the execution and recording of this Agreement and to the terms and conditions hereof. (name of lender) By: its i COMMONWEALTH OF MASSACHUSETTS COUNTY OF , ss. 199 Then personally appeared before me the above-named _ as the of Bank and acknowledged its consent to the foregoing instrument to his/her free act and deed and the free act and deed of said Bank. Notary Public My Commission Expires: t ' - LIP•PNTLRA-13 11lt6A7 i i `i I i t i j . BDOX8490 t'ncf ii2 EXHIBIT A • .Re: LIFE (Project name) Barnstable (City/Town) Living TndPnPn�tly Forever. Inc. (Project sponsor) Property Description 'rill! J.Elhtl 1;1LuaL•ed III; 1,111co) Unatl 1;!tl:nnultll' '(lJuttlidedLtulle (IIya11111.$) , Uatllstcr111e tulllll:}'r lli.l9trtltlltlhr�LLnl deaCL jjlotl at1 ful.l.utrn 1 t1ul:lbefluLerly by lrllldn iiu�r vl: l:ul:uual:/y Ear 1,;1ty hevnaraue, Llle entl or (;arIL-lewood L►1:Lve, n I:vrL•y HU) r:ouL• 01a1e truld.1l. way, )nitd Iluw yr TWIllel:l y vl• '1'llumtl❑ t;nunuu, JY.,( uIld it Hi:L'loll Or land flow ut rol:111W .y U1' Stu :, 11. �lux(kh, 'li [vLttl. dl.!ILahcE.vr, ;1:111,1t1 1eeL fig Uh01�11 fill it L'Jvit poiULle, "J'.lal1 yr Wild III UIt1119- hibl"i Hnun, (Ilyflllill`.11 I:'eL.•Il:lullel:1 ba1:6flrEl C. hl:Ity Veale! Jautlall, 1, 19111 11.5.C./C(Itie (A nutvey l:ulluNltauLs 3761 Main Street/Itutlkra lilt 11,11-MIL;t6le V.LJJ.,I(Jr_, harsh, V710o (� U,lv{ulvn yr I ul,;ll SW:vt2y ( VII;Itl.11ariLs". 11bo pelldllig cvllrlt111a I:l.Ulf U ne Iltr. djud. - vatIL11pouLei.ly by 1,111d nvw or, L'ul:mel:l.y ul` I'Allerllle It. Riley, lfurtl 110H ut 1ol:uIl?LJV ul: liMitellce 1?. IlasrlOL; Laud IIQW yr r:tyi:mto .ty ur 1tnyeJ.l.nr1 P'. 1.uv.le1:i 1..md nov, ur lul:nlcJJ:ly or t:lediAvidier. 51de*twlc7., hilirl liuw U): rurnlerl.y ut Mill II. hattidall oud n 1-utIJI.,n ul' ,1J1r1 lluw ur N11:ulnl:.ly ur I(ulieJ:L• V. Uenl.vl., n Lol•al. dl.riLfun;e v.' ti•I1.511 I:eeL•,tuj ubuwu iih L'IIe above _ lIl•lcJlletl plfiu. E'• ,auLhwi±91:e1:1y by Inut19 ul' I:n1iJlt!lll FI; I)ell;Jll:utt, ( te elnl or ulnvulll Ituad, a 1'l.rL•y (50) 1:vul: wide public.tray, by Ole l.:unl IIUw vl: rurnledy Uf Mill It'. ltoal:h Jt. , null d (lvttivu ul' We I.Alid ul' trnlih J. t)aruvi (I LA.,il i1. a�!ltllctl ul' l26.17 1'eeL as dl6wll oil L'he nbuvo mr.nLtvlteii h.Litll. IluJ:tltwe!:I:erl.y 11y Infldil liuw Ur rrJr.nn tl:y`ur C;Ilrrlcuth Really TI:IIt11 Life alld of 11.111WI.e LzIllcl; a 11.I:L•y (5Ul ELIA wldl' ptivaL•e livy I:IIIJ nvw. (If.- rurulerly ofCalL,i:.Lcul:u Ilefil.Ly' I:IJJsL rod a pvrL•lud yr laud nvw vl: r.uthlel:.l.y yr nl.l:ul V. Jullen, (t Lula1. dlatallce of 5-I0.7.1.1 ti el: its shuwit Ulf Ulf? ;llluvn meicL.luuetl I4tu1.• belliq all or Elie ).;roll alld I'r.r?tt Ill Lhe way nhuwil 1311 a plan ur iditrl eiil;—Med `1;tII ll.vl.sltm l'l;til ul' bawl LU Ilynnnle, Ufu:nslable, 1larin, rut. Uarbal:a t'. nt:ill lu". dal:ratl 5elr1:e!mher .L.11 19h5_ slid reuvrJed at• Lhe U:Irltnhibl.e CulnrLy Iteq.l.st••1:y ur heddu In 1'lall For Owner's -title, see deed recorded at the Barnstable County Registry of Deeds in Book 8452, Page 112. BOOK8490 PAE _ s f EXHIBIT B He: (Project name) Barnstable (City/Town) L1V1DQ Inds_pendently Foreyer,_,Lnc. - (Project sponsor) Maximum Rents for Low and Moderate Income Units Studio units $ n/a One bedroom units $_ Two. bedroom units $ fi- Three bedroom units $ n/a Four bedroom units $�n/a * $4,200.00 per year if occupied by one (1) person. $7,200.00 per year if occupied by two (2) persons. REL'�rDE�MAR 22 93 Bk —21 2 368 . LOCAL, IN PROGRAM O 1--223" J 7 12 = 1 REGUUTORY AGREEMENT AND , DECLARATION OF RESTRICTIVE COVENANTS FOR RENTAL PROJECT laration of Restrictive Cove- This Regulatory Agreement and Dec ay of Hants' (the "Agreement") is mane this tp �� ► '199�, b and among the Commonwealth of Massachusetts, acting by and through the Executive Office of Communities and -� Development/Department of Community Affai("theEOCD11) , the Municipality") ,. City/Town of a Massachusetts and Livin Inde ndentl Forever, Inc. corporation/ having an address at 550 Lincoln sl and its successors S. and assigns ("Project Sponsor") . WITNESSETH: r WHE REAS, pursuant to G.L. c. 40B, §9 .24-23 (the "Act.19— and the � final report of the Special Legislative Commission Relative to Low and Moderate Income Housing Provisions issued in April 1989, 144 regulations have been pr5 .00 (the "Regula- omulgated at 760 CMR 4 roram, ( LIP" 4 tions") which establish the hLocal ave Initiative issued thereunder�� (the) and Guidelines for Communities "Guidelines") ; C WHEREAS, the Project Sponsor intends to construct a rental IFE �j housing development known as at a 3.99 acre site on 550 Lincoln Road Ext. Street/Road in the Municipality, more articularl(thencprojectribed n) ; Exhibit A attached hereto and mad p . WHEREAS.,. .such Project is to consist of two`(2) rof the Unitsdntalswill six (6) for sale dwellings and _ bo be rented at rents specified in a thiwo Agreement tof this Ato Eligibement (the "Low ,, Tenants as specified in parag p and Moderate Income Units WHEREAS, the Chief Elected Official of the Municipality (as that term is defined in the Regulationf) and thatthe theproject ProjectSisna valid have . made application to ROOD to- cert y Comprehensive Permit Project (as that term is defined in the Regulations) within the LIP Program and therefore that the Project Sponsor is qualified to apply to the Municipality' s Board -of Appeals (as that term is defined in the Regulations) for a comprehensive permit pursuant to the Act (the "Comprehensive tify that the Permit") , or have made application to EOCD to cer units in the Project are Local Initiative units (as that term is defined in the Regulations) within the LIP Program; and i 2nra4 . up-wmRA-1 Bk - 1OSBO--213 . r�802 WHEREAS, in partial consideration of the execution of this Agree- ment, EOCD has issued or will issue its final approval of the Project within. the LIP Program and has given and will give technical and other assistance to the Project; NOW, THEREFORE, in consideration of the agreements and Covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which each of the parties hereto hereby acknowledge to the other, EOCD, the Munici- pality, and the Project Sponsor hereby agree and covenant as follows (the provisions -in brackets apply only to Comprehensive Permit Projects) : I. The Project Sponsor agrees to construct the Project in accordance with plans and specifications approved by the Munici pality and EOCD (the "Plans and Specifications") [and in actor- - dance with all terms and conditions of the Comprehensive Permit] . In addition, all Low and Moderate Income Units to be constructed as part of the Project must be indistinguishable from other Units in the Project from the exterior, and must contain complete livin4 facilities including but not limited to a stove, kitchen cabinets, plumbing fixtures, and washer/dryer hookup, all as more fully shown in the Plans and Specifications. N/A of the Law and. Moderate Income Units shall be one bedroom units; All - of the Low and Moderate Income Units shall be two bedroom units; , A - of the -Low and Moderate Income Units shall be three � bedroom units; and, N/A _ __ of the Low and Moderate Income Units shall be four bedroom units Ali' Low And Moderate Income Units to be occupied by families must contain two or more bedrooms. Low and Moderate Income Units must have the following minimum areas.: studio units 250 square feet one bedroom units - 700 square feet two bedroom units - 900 square feet three bedroom units - 1200 square feet four bedroom units - 1400 square feet During the term. of this Agreement, the Project Sponsor covenants, agrees, and warrants that, the project and each Low and Moderate Income Unit will remain suitable for occupancy and in Compliance with all federal, state, and local health, safety, building, sanitary, environmental, and other laws, codes, rules, and regulations, including without limitation laws relating to ' the operation of adaptable and accessible housing for the handi- ,�capped.. [Except to the extent that the Project is exempted from such compliance by the Comprehensive Permit, } the Project must comply with all .similar local codes, ordinances, and by-laws. Vp-m nRA-2 2nn4 B = 10560E_214 3582 2. (a) Throughout .the term of this Agreement, each Low and Moderate Income Unit will be rented for no more than the • rental rates set forth in Exhibit B attached hereto (the "Maximum Rents") to an Eligible Tenant. An Eligible Tenant is a tenant -who satisfies the criteria set forth in the Guidelines. Cur rentlyf- under the Guidelines, an Eligible Tenant is a person or . family who has *an annual income no greater than a Maximum Income of $ 34,900 , which is eighty percent (80k) of the regional median household income for a family of four. The Maximum Income for this project may be increased from time to time as the Maximum Income provided in the Guidelines is increased. The Maximum Income may be increased for larger families to the extent permitted by 'the Guidelines. The Maximum Rents set forth in Exhibit B for' Low and Moderate Income Units having three or more bedrooms may be increased by $ NtA if such Low and Moderate Income Units are marketed with preferential marketing as approved by EOCD and the Municipality. (b) If the Maximum Rents provided in chapter five of the Guidelines are increased, the Maximum Rents herein may be in- creased •proportionately., -but only with the prior approval of the Municipality and E4CD. (c) Throughout the term of this Agreement, the Project Sponsor .shall annually determine whether the tenant of each Low and Moderate income Unit remains an Eligible Tenant. This determination shaft. be reviewed by the Municipality and certified to EOCD as provided in section 2 (e) , below. Any Low and Moderate Income Unit occupied by an Eligible Tenant at the commencement of occupancy shall be deemed a Low and Moderate Income Unit so long t* as (i) such unit continues to be rent restricted and •(ii) the tenant's income does not exceed 140% of the Maximum Income. If the .tenant' s income exceeds 140% of the Maximum Income at the time of annual eligibility determination, his/her unit shall be deemed a Low and Moderate Income Unit until the next available unit with the same or greater number of bedrooms which is not a Low and Moderate Income Unit is rented. (d) The Project Sponsor shall enter into a written lease with each tenant of a Low and Moderate Income Unit which shall be for a minimum period of one year and which provides that the tenant shall not be evicted for any reason other than a substan- tial breach of a material provision of such lease. (e) Throughout the term of this Agreement, the Chief Elected Official shall annually certify in writing to EOCD that each of the Low and Moderate Income Units continues. to be Low and Moderate Income Unit as provided in section 2 (c) , above; and that the Project and the Low and Moderate "Income Units have been maintained in a manner consistent with the Regulations and Guidelines and this •Agreement. Lip-ANTLRA-3 F/94 3 . Upon issuance of a building permit for the project, the ` Project will be included in the Sub¢¢idized Housing Inventory as that term is described in 760 CMR 31.04 (1) . Only Low and Moder- ate Income Units will be deemed , low and moderate income housing as defined. by the 'Act. 4 . Each Low and Moderate Income Unit will be deemed low and moderate income housing and continue to be included in the Subsidized F#ouaing Inventory for as long as the following three conditions are met: (1) this Agreement remains in full force and effect and neither the Municipality nor the project Sponsor, . are in default hereunder; (2) the Project and the Low and ?Moderate Income Unit each continue to comply with the Regulations And the.Guidelines.-as. the same may amended from time to time; and '(3) the Unit remains a Low and Moderate Income Unit as provided in section 2 (c)., above. 5 Project Sponsor agrees that throughout the term of this agreemaut'distribution of 'return' to the Project Sponsor or to the partners, shareholders, or other owners of Project Sponsor or the * Project shall not exceed ten percent (1.0t) of equity per year, as determined from financial statements approved by the Municipality and by EOCD as described below, (the "Allowable Profit") . Upon issuance of a final Certificate of Occupancy for the Project or upon the issuance of final Certificates of- Occupancy for all of the Units, the Project Sponsor shall deliver to the Municipality and to EOCD an itemized statement of total development costs together with. a statement of gross income from the Project received by the Project Sponsor to date in form satisfactory to ..the Municipality and ROOD (the "Certified Cost and Income State- t� meet") prepared and certified by a certified public accountant satisfactory to the Municipality and to EOCD. If all units at the Project have not been rented as of the date the Certified Cost -and 'Income Statement is delivered to the Municipality and to EOCD, the Project sponsor shall at least .once every ninety (90) days thereafter until such time as all of the Units are rented, deliver to the- Municipality and to EOCD an updated Certified Cost and Income Statement. After all"iliiits have been rented, the Project :sponsor hall at least once every year thereafter deliver to 'the Municipality and to EOM an itemized statement of income and expenditures in form satisfactory to the Municipality and EOCD (the "Certified Income and Expense Statement") prepared and certified .by a certified public accountant satisfactory to the Municipality and- to ROOD. All profits from the Project in excess of the Allowable Profit (the "Excess Profit' ) shall be paid by. the Project Sponsor to the Municipality for deposit in the Affordabl- Housing. Fund as provided in section 6, below. 6,.' The Municipality agrees that upon the ,receipt by the Municipality of 'any Excess Profit, the Municipality shall deposit all such Excess Profit into an interest bearing. account estab- lished with.an institutional lender approved by EOCD (the "Af- fordable Housing Fund"),. Sums from the Affordable Housing Fund. j LW-RKTLRA-4 2M24 � I i shall be expended from time to time by the Municipality for the _purpose of reducing the cost of Low and Moderate Income Units to Eligible Tenants or homeowners or for the purpose of encouraging, creating, or subsidizing the construction or rehabilitation of housing for persons and families of iow and moderate income . elsewhere in the Municipality. The expenditure of funds from the Affordable Housing Find shall be made only with the approval of EOCD, such approval not to be unreasonably withheld. 7 . Prior to: marketing or otherwise making available for rental any of the Units, the Project Sponsor must obtain EOCD's approval ,of a marketing plan (the "Marketing Plan") for the Low and Moderate Income Units. Such Marketing Plan must describe the tenant selection process for the Low and Moderate Income Units and must set forth a plan for affirmative marketing of Low and Moderate Income Units to minority households as more particularly described in the Regulations and Guidelines. At the option of the Municipality, the Marketing Plan may also include a prefer- ence for local residents for up to seventy percent (70t) of the Low and Moderate Income Units, subject to all provisions of the Regulations and Guidelines. when submitted to EOCD for approval, .the Marketing Plan should be accompanied by a letter from the Chief Elected Official of the Municipality (as that term. is j defined in the Regulations) which states that the tenant selec- tion and local preference-.(if any) aspects of the Marketing Plan have been approved by the Municipality and which states that the Municipality will perform any aspects of the Marketing Plan which are set -forth as responsibilities of the Municipality in the Marketing Plan. The Marketing Plan must comply with the Regula- tions and Guidelines and with all other applicable statutes, regulations and executive orders, and EOCD directives reflecting the agreement between EOCD and the U.B . Department of Housing and Urban Development in the case of NAACP. Boston Chapter v. Kemp. If the Project is located in the Boston Standard Metropolitan S.tatistical. Area, the Project Sponsor must list all Low and Moderate Income Units with the City of Boston's MetroList (Metro- polita►ii'Housing Opportunity Clearing Center) , at Boston City Hall, P.O. Box 5995, Boston, MA 02114-5996 (671-635-3321) . All costs of carrying. out the marketing Plan shall be paid by the Project Sponsor:. A failure to comply with the Marketing Plan by the Project Sponsor or by the Municipality shall be deemed to be a default of thi6%reement. The Project Sponsor agrees to maintain for five years following the initial rental of the last . Low and Moderate Income Unit and for five years following all future rentals, a record of all newspaper advertisements, out- reach letters, translations, leaflets, and any other outreach efforts (collectively "Marketing Documentation") as described in . the Marketing Plan as approved by EOCD which may be inspected at. .... .the by EOCD. All Marketing Documentation must be approved . by; EOCD prior to its use by the Project Sponsor or the Municipal-. ity. The Project Sponsor and the Municipality agree that if at any time prior to or during the process of marketing the Low and Moderate Income Units, EOCD determines that the Project Sponsor, Liz• mRA-5 217104 ek = lOSOO---21 r b682 or the Municipality with respect to aspects of the Marketing Plan that the Municipality has agreed to be responsible for, has not adequately complied with the approved Marketing Plan, that the Project Sponsor or Municipality as the case may be, shall conduct such additional outreach or marketing efforts as shall be deter- mined by EOCD. 8 . Neither the Project Sponsor not the Municipality shall discriminate on the basis of race, creed, color, sex, age, handicap, marital status, national origin, or any other basis prohibited by law in the' selection of tenants; and the Project Sponsor shall not so discriminate in connection with the employ- ment or application for employment of persons for the construc- tion, operation or management of the Project. 9. The Project Sponsor agrees to comply and to cause the Project to comply with all requirements of the Regulations and Guidelines and all other applicable laws, rules, regulations, and executive orders. EOCD and the Chief Elected official of the municipality shall have access, during normal business hours to all books and records of the Project Sponsor and the Project in order to monitor the Project Sponsor's compliance with the terms of this Agreement i 10 . Upon execution; the Project Sponsor shall immediately cause this Agreement and any amendments hereto to be recorded with the Registry of Deeds for the County where the Project is located 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 Land Court for the County where the Project is located (collectively hereinafter the "Registry of Deeds") ,. and the, Project Spongor. .sha,l..l pay all fees and charges incurred -in 'connection theredvith. Upon recording or filing, as applicable, the Pr'bject Sponsor shall immediately transmit to EOCD and the Municipality evidence of 'such recording or filing including the date and instrument, book and page or registration . number of the Agreement. 11. . The Project Sponsor hereby represents, covenants and warrants as follows: (a) The Project Sponsor (. ) is a non-profit corporation duly organized under the laws of the Commonwealth of Massa- chusetts, and is qualified to transact business under the laws of this State, ' (ii) has the power and author- ity to own its properties and assets and. to carry on its business as now being conducted, and (iii) has the full legal right, power and authority to execute and deliver this Agreement. (b) The execution and performance of this Agreement by the Project Sponsor W will not violate or, as applicable,. has not violated any provision of law, rule or regula- I Ok = 10530-213 3632 tion, or any order of any court or other agency or • governmental body, and (ii) will not violate or, as applicable, has not violated any provision of any indenture, agreement, mortgage, mortgage note, or other Instrument to which the Project Sponsor is a party or by which it or the Project is bound, and (iii) will not result in the creation or imposition of any prohibited encumbrance of any nature. (c) The Project Sponsor will, at the time of execution and delivery of this Agreement, have good and marketable title to the premises constituting the Project free and clear of any lien or encumbrance (subject to encum- brances created pursuant to this Agreement, any loan documents relating to the Project the terms of which are approved by EOCD, or other permitted encumbrances, including morgages referred to in paragraph 19, below) . (d) There ie 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 Project Sponsor, 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 coiitetrplated by this Agreement) or would materially adversely affect its financial condition.. 12. Except for rental+ of Units to Eligible Tenants as permitted by the terms of this Agreement,and except for the sale of the for sale dwellings, the Project Sponsor will not sell, transfer, Tease, exchange or.mortgage the Project without prior written consent of EOCD and the Municipality. 13 . (a) The Project Sponsor represents, warrants, and agrees that if the Project, or any part thereof, shall be damaged or de- stroyed or shall be condemned or acquired for public use, the Project Sponsor (subject to the approval of the lender(s) which has provided financing) will use its best efforts to repair and restor the Project to substantially the same condition as existed prior to the event causing such damage or destruction, or to relieve the condemnation, and thereafter to operate the Project in accordance with this Agreement. (b) The Project Sponsor shall not demolish any part of the Project or substantially subtract from any real or personal property of the Project or permit the use of any residential rental Unit for any purpose other than rental housing during the term of the Agreement unless required by law. LP.RNARA-7 2l7/94 , s 14 . '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 Agree- ment shall not affect the validity of the remaining portions hereof. 15. 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: gOCD: Executive Office of Communities and Development Attention: Local Initiative Program Director •100 Cambridge.Street '- Room 1804 Bo'ston, MA 02202 Municipality: Town of Barnstable c/o Town Manager Barnstable Town Hall 367 Main Street Hyannis, Na 02601 Proi.Qct Sponsor: Living Independently Forever, Inc. 550 Lincoln Road Ext. Hyannis, Ma 02601 16. (a) This Agreement and all of the covenants, agreements and restrictions contained herein shall be deemed to be an affordable housing restriction as that term is defined in G.L. c.. 184, 5 31 and as that term is used in G.L. c.184, § 26, 31, 32 and 33 . This Agreement is made for the benefit of EOCD, and EOCD shall be deemed to be the holder of the affordable housing restriction created by this Agreement. EOCD has determined that the acquiring of such, affordable housing restriction is in the public interest. The term of this Agreement, the rental restric- tions, and other requirements provided herein shall be perpetual.' �ax�YfdedxYxexexex�Sx�hagxtk3csxRg�saaat�tl�x�racR}SxaQclaxlc��t�xxxx �xea�exgx�exae��xHdx}�}cx�exss�Ceg��saxctasx� .c�u¢ cx�tsxxs�xx �e�tex3c�gnxexxgr�c�sx$�let�xkkakxl�btgxDs�Isdesxx�x�brac aleec�?QDc . 8��x�ktexDtxrti���a�C�k�xxekx�Cas sxkkepcxa��s#�rc x }�� l�pc�qic rta�3cxsx�8xl�br�xm��s�rgxgeaic�xisrslsenixRa�xx�x�r� c�xt4� ,pt�cxt • �ax1��x�e�+s�hxac�xic�akx�uae��xi�sx]��cx� Xxe�c�#�xxx .. 1�fg xhgae�x��x�uR�xRe�sxOsg�sgd�c�txfi8 x�raora�xa�xk�cRt�x� x x� aaxaxxaoAgaxe�zta xvtitlskxlsDs�t xRisQs#e�s�sx�x�cxac s�c#� Ltltcatcxx Lr4tmnRA-8 Frei . 5k = 10580--22 0 3 SR3C�[�t�tXxRxY3ltlt�343itDtx(afixi�!$t�C4t�t3C7cStx�t6tx�c6tR�t3dtat$c�txl�9L�c3c �4�c j • x�r�cixx�at��saRstxat�ti�xftax�rkxh�t�id�. . (b) The Project Sponsor intends, declares and covenants on behalf of itself and its successors and assigns (i) that this Agreement and the covenants, agreements and restrictions con- tained herein shall be and are covenants running with the land, encumbering the Project for the term of this Agreement, and are binding upon the Project Sponsor' s successors in- title, (ii) are not merely personal covenants of the Project Sponsor, and (iii) shall 'bind. the Project Sponsor, its successors and assigns and enure to the benefit of EOCD and its successors and assigns for the term of the Agreement. Project Sponsor 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 shall be deemed to be satisfied in full and that any requirements of privileges of estate are also deemed to be satisfied in full . 17.. The Project. Sponsor and the Municipality each agree to submit any information, documents, or certifications requested by EOCD which EOCD shall deem necessary or appropriate to evidence the continuing compliance of the Project Sponsor and the Munici- pality with the terms of this Agreement. 18. (a) The Project Sponsor and the Municipality each covenant and agree to give ROM written notice of any default, violation or breach of the obligations of the Project Sponsor or. the Municipality hereunder, (with a copy to the other party to this Agreement) within seven (7) days of first discovering such default, violation or breach (a "Default Notice") . If EOCD becomes aware of a default, violation, or breach of obligations of the Project Sponsor or the Municipality hereunder without receiving a Default Notice from Project Sponsor or the Municipal- ity, ROM shall give.a notice of such default, breach or viola- tion tb"the offending •party (with a copy to the other party to this Agreement) (the "EOCD Default Notice") . If any such. de- fault, violation, or breach is not cured to the satisfaction of SOLD within thir�y.A30) days after the giving of the Default notice by;the Project Sponsor' or the Municipality, or if no Default Notice is given, then within thirty (30) days after the giving of the EOCD Default Notice, then at ROM's option, and without further notice, EOM may apply to any state or federal court for specific performance of this Agreement, or ROOD may exercise any other. remedy at. law or in equity or take any other action as may be necessary or desirable to correct non-compliance with this Agreement. Lr-awmRA-9 217M IcgxR��txe3css�t6txbtatx�tstxctia�tatlu�xtsdbricstxA �ie�a�#c�3c x �� atX&xkxe_atak?cxvk&3cat{tiintxxatitxdatftw3ctcxae CKx A3X0Oabhc 9&WW sic®sxxsxxats�att�3ci�xssn�ics�tatatx�t�a�txtcbtecxstec���d 'thck Moe ith3cex��s�fsastxk�xx�hssaxl�arxbcatot xaa�atx�:�d�Cx�a �cx�; �t�cc x 6tb�6txtx6izaic4txxactgx��cxRxe��sxo�isas�c �satx�x�ut�tX �#max . �ic0� � xotsex7su�xa�t����vu�°?atg`�tsocsc etxixfrcxtxt�xac�att� tec�ttb�d 0 ) The Project Sponsor acknowledges that the primary purpose for requiring compliance by the Project Sponsor with the restrictions provided herein is to create and maintain long-term affordable rental housing, and by reason thereof the Project Sponsor agrees that ,EOCD or the Municipality or. any -prospective, present, or former tenant shall be entitled for any breach of the provisions hereof, and in addition to all other remedies provided by law or in equity, to enforce .the specific performance by the Project Sponsor of its obligations under this Agreement in a state .court of competent jurisdiction.. The Project Sponsor further specifically acknowledges that the beneficiaries of its obigations hereunder cannot be adequately compensated by mone-.. tary damages in the event of any default hereunder. In the event of a breach of this Agreement, the Project Sponsor shall reim- burse EDCD for all .costs and attorney's fees associated with such breach. 19. The Project: .Sponsor 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 the Consent to 'Regulatory Agreement attached hereto and made a ' part hereof.,. r s wau�nRA-10 Inns E3k 10S$O-22; 3G0-0' Executed as a sealed instrument as the date first above written. Project .S" so BY: Rich . Lavoie Heather Wright its. President/Treasurer Dep of Ho u and 11 cutive Office of Co m s C unity elo men and opment/De ent of Community By: . is irec r y: its Secretary Municipality By: its (Chief Elected Official) Attachments: Exhibit A - Legal Property Description Exhibit B - Rents for Low and Moderate Income Units La 's, Rider A Consent to RequlatoKy A4r!A ma t The Undersigned being the holder of a mortgage on the above described Project recorded with the Registry of Deeds in Book Page hereby consents to the execution and recording of this Agreement and to the terms and conditions hereof. (name of lender) its (If the Project has more than one mortgagee, radd additional consent forms. Execution of the consent form by a mortgagee is only necessary if the mortgage has been recorded prior.to the Regulatory Agreement.) L"NnRA-11 anro• ai `•' r Bk z 105130-223 3682 COMMONWEALTH-OF'MASSACHUSE'ITS COUNTY OF _ Barnstable ea. 19952 Richard D.Lavoie Then personally appeared before me the above-named as President/Treasurer of the Living Indepen en a ver, c. corporati [project Sponsor] and acknowledged the foregoing instrument to be.,.hiq/hez free act and deed and the free act and deed of Liv' entl ver . Ind% • Notary Pdbll-e My Commission Expires: S,s�•ti COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK, ss. Tie C I Then personally appeared before me the above-named S - de of the*KMMUXMMA H and acknowledged the foregoing instrument to be his/her free act and deed and the free act and deed of the*"MUU * Department of Housing add lic Community Development My Commission Expires: -� DAVID A. TOMASSO VU Commission Expires July 28, 2000ell COMMONWEALTH OF MASSACHUSETTS COUNTY OF L �J ��/ /ram ,s8. �Lrr 199-.(e . i Tpzn-personally appeared before me the above-named -64 as the Ziftqe2 g of the City/Town of and acknowledged .tM foregoing instrument to be his/hex f ee. act', deed and' the free act and deed of said City/Town of ��h.�/,c„ Notary Pu c My Commission Expiresr��j?� sjsa/ s . V1. .. ... COMMONWEALTH OF MASSACHUSETTS { COUNTY OF ,ss. 199_ Then personally appeared before me the above-named as the of Bank and acknowledged its consent to the foregoing.instrument to his/her free act and deed and the free act and deed of said Bank, Notary Public My Commission Expires: top-wtRA-12 2n/04 r •t'.` EXHIBIT A • Re: LIFE (project name) ' Rarnatahln (City/Town) T.ivina TndnpAnAArn _ a 'Tnr, (Project sponsor) PropeXty Dencr,iption :r. the land, .situated at Lincoln Road Ex ton aloti Ii -flit riliiEdbi Is— - (tiyannin) , Barnstable Countyr Mannachusettn, bounded and described as €ol.lowg: u NORTIIBASTLRLY by lands now ok formerly of Gary Levesque, the end of Castlewood Drive, a forty (40) foot wide public wayt land now or formerly of Thomas Gannon, Jr. , and a portiod of land now or formerly of Sara M. Jordan, a total distance of 310.56 feet as shown on a plan entitled "Plan of Land in Barnstable, flogs. , (11yannis) Peti.tionerl harbarn C. Aiditor Scales 1" m . 401 ; :January 71 1907 B..S.C./Cape Cod Survey Consultant`s 3261 Fia" in Street/Route 6A, Barnstable Village# !lase. 026300; a 'Divisiod of Boston Survey Consultanta. " SOUTIIEASTERLY by land now or for of Katherine M. Kileyr land ' now. or 'formerly of Lawrence E: Sauget, land now .or , formerly -of Angelina F. Lucierr, land now or formerly of Christopher Siderwicz, land now or formerly' of John 11. Kerriggan and a portion of land how or formerly of Robert V. Denies, a total distance of 547.50 feet, as shown on the above mentioned Ol.an. . F SOUTIMESTERLY by lands of Kenneth W. DeBarron, the end of Lincoln Road, a fifty 00) foot wide public way, b the land how ar • formerly of John E. Roark, Jr. r . and a portion of the land of Frank. J. Jatos, a total distance of 32.6.17 feet ad shown on the above mentioned plan. } NORTHWESTERLY by lands now or formerly of ' Caprioazn Realty Trust, the.:end of K1lkore 'Lane, .a ,fifty (50) foot wide privaka way, land .snow or formerly of Capricorn Realty Trust and portion of 'land -now or iozmerly of Allan P. Jones, a total. distance of 540.28 feet as shown on the above mentioned plan. Being all of the land and fees in the way shown on' k plan of land entitled "Subdivision Plan of Land - in 0 annis� ' Barnstable, Maas. for ,i� tb fa C. Ardito", dated Septe%er 11; i 1905 and recorded at the 1#afhetable County Registry of Deedd in, Plan Book 424, Pago 45: '- ' For title;. see'•deed dated January 28, 1993, and recorded at the Barnstable Registry of Deeds in Book 8452, page J.-12. . i 3682 EXHIBIT B Re: LIFE (Project name) (City/Town)- _TA yi n.- g T ndapgndant l FnravaT^ ���C. (Project Sponsor) M Rents for Law and Moderated Income Units studio units $ One bedroom units $ Two bedroom units $ 350,4mn afinal $600/mn more-.than one Three bedroom units $ Four bedroom:Units $ RIDER A to Local initiative Program Regulatory Agreement and Declaration of Restrictive Covenants for Rental Project The Municipality and the Project Sponsor acknowledge that on or around the time of the execution of this Agreement, the Executive Office of Communities and Development/Department of Community Affairs, as referred to herein, was succeeded by the Department of Housing and Community Development (the "Successor Agency") in all respects. Therefore, this Agreement has been executed and delivered by the Successor Agency and every reference herein to EOCD shall be deemed to mean the ° Successor Agency, or any successor agency thereto. 3 , unruWABLE REGISTRY OF DEEDS • Btu = 1 $CJ-- 2B 3BB THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK THIS PAGE INTENTIONALLY LEFT BLANK BARNSTABLE REGISTRY OF DEEDS ®rt k Mt x oLo s• / / / 'Icy��� *„s i�kBL y..�,�� b c� , Y�, ��/�^.,..' w a tip% � ° r hI w 'I µ 1 l' ,SSU'POR?TD '�, �. z ��� fi LIFE's (Living independently -Forever, $ Inc.). residents livep ii dttroc$ive condo- minium communities in Flyannis and .._ Mashpee on Cape Cool. LIFE' provides support services which •;,,enable there to lave and be parj.,of an exciting n4jiwork of social, recreational,. employment, Residents of the LIFE Community present volunteer aetYi/Y$6eSle goal of LIFE is Mike=and Tripp on the job a check to the Red Goss for Katrina aid tb-delight each resident with responsive, innovative,". and constructive;.,. -servic a SERVICES A V,,,IAAME SERVICE COSTS tailored t® i%iee$ each person's Interests The annual program participation fee for the Individual Case !Ork. Supported Independent living Program is based and needs. ' LIFE's professional staff pp p irieipibers work as a team to build on an- on the level of service needed. Living expenses di al strengths and to coach each individual EmploymentlCareer Services for utilities, groceries; travel and recreation are resident to at$64 success and to en ®j - additional for each resident. For details about ! y - Social and l$eerea$ion.al Activities filling life on C the application process and service fees, Tease a fudTa�s'e Cod see our website at www.lifecapecod.org or call in-house Adult Education Curses r 308-790-3600 O ff caia9f eas'housing vs also.available foi (as well as dccess to coii�ses at Cape those residents verh . Prefer;.this aB$ern`a= Cod C®rmmunity Caegek ti�Pe LB;FP AR Fitness and Nutrition Pro grarcis TICIPt@JVTS n a " w Currently, LiFE residents range in age from 21 to q l :Assistance in.Access ir►g Medical 52, and are able to live on their own with quid- ` .' an Counseling or other ce and assistance from staff. Families are an integral part of the LIFE community and are en- Community Supports r y, couraged to spend weekends and holidays visit- y ing and celebrating special occasions. ®ally Living Skill Development g �r „t Individual Money Management ' Assistance APPLICATIONS AAD ACCEPTANCE Applicants must be at least 20 years old, provide Access to Programs and Opportunities evidence of a learning disability and have com- in the Arts pleted their secondary education. :Special Interest Groups Applicants must.. Submit completed application form �r� hl� .s n► '�» r 2�4-hour on call Ernergency iZesgiorise` FK Submit required recordsldocuenentation Kim.organizes her condo. _ Complete a J 2 day evaluation at LIFE y Project Name:_ Address:_ _ Permit#: Pen-nit Date:_ a�ZI LARGE ROLLED PLANS ARE-IN: BOX: SLOT:_ .__ Date entered ni. MAPS program on:____________ By:--L_ s I. J .'FE , QUADRAFLEX l CASTLEWOOD CIRCLE HYANNIS , MA .. ..__ . .. _-- :.. _- '_ - rC._L. ---- __ - -. - ------- •I�•'j - - LLLU I ARCHITECT: RESCOM l Residential � Commercial � Architectural, Inc. Architecture 1 P.O. Box 157 Monument Beach,MA 02553 Phone 15081 759-9828 Fax(508)759-9802 — CONSTRUCTION DOCUMENTS J U L Y 7, 2005 J PROJECT. DATA 1 PJ4T REGUIRHHR9 �n rnue ii wy Fi ION ION RFYi11RETItTR3 ]MEANS OF FGRES& M xep E INi9ilOR EXR ENCLOWME-V2 NCI.R(REF.760 GMR-TII.V 6ROW R-2 W--ADEHnAU E1QT ST.V R-V2 YOUR EAT TO&RAPE A•WN LEVEU S1fAFT5 OT/fR TfLVi EMT5-V2 HCLR LEN6TN OF TRAVEL 250 FT.MAX - GONSTMrnoN TYPE PRAPT STOPPal6-RrawREP(REr.76o cra>;-120.7) . - TYPE 55-COHMeTI LE,MLLY SMNrLw Mi&O'R OF STORIES - - BWLDIN&CONSTRNGTIQN-MASS.6TN EDITION(199s BOGPJ AS PER 160 W-CWAGAL-MA55.6nf EDITION(I495 BOGAJ -9�T - FIRE PROfFLTION-MASS.6TN EDInON(149s B=4 52T c R " - P1N•0R15 AND bA5 KMNS-llkw.PLIIt,B AND M13-6A5 CODE 240 GMR(AMAN /EIGIfT AND AREA LIMTATIONS - MASS-ENERSY GORE - { - MASS.Et2GTRIO GODS(977 CMR 12,00) wl 1 l,rFo . - -'R-4500 . - - _s STORY(]0.FEET) �= - BID S f'r'-E T ew Gtin,!gnoNs �v WnT Fna rrnur.TPI V TinN uv yr s' n 4r a yr u-yr 6E1'ERAL FZM REhENT5: T5545 1 1r E s c o M L ALL W456las ARE TO FACE CF STM WEri DO"IW 011E0'15E �( - TREAR y . 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QUADRAPLEX CASTLEWOOD CIRCLE FROW M P HYANNIS.MA eoxr Y / m B'3• P 545 W-5 V]' —6'-E• B'-i 1f1' W-1 111' It 5EWND FLOOR STAIR PLAN CFRTFIGTBN - A SOME V4•.hC /-'•j'r 1w ��� IAWT I UWT 2 a 122 sr. T]I SP. 4 A31 I D roE`t C!P 15,0 V2• 14'-I 1/2' X 6V T-4 V2• All d I7' ill jgSPi La����.,�{'og h...I. 4' 4'40 M' V-2V2. eem i andunpbSia ei d work of the . 2446-1 1 •i I /uelitaet and mr not be I d^pliubd....d dhd.,.d wIth.ul wrM.......I of the Ar.Wt..t E (C�2004 RESCOM ARCHITECTURAL.INC. 00WAM PORCH 5W 5'-0 VY 4110 S/4' 2'41 VP 7'-0 I/4' S-il U4 p� CDRIRACTOR ]446 2446 L— -- b P .. ! i �.. 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STAN.EYNO.505 LNONA AL►4Ml7 V526 AU 5MES. - PLASTIR STAWARVS AND BRAC1 EM KV MD.67 AND ID] M CASFYCTIX 91ALL PEET OR EVX D TM T`SM45 STAWAMS FOR CBR lrlkTQt CEITFlCAl10N -H/ftorooD 13x4! BY THE NATIONAL CABOET A65MLATOH AKA A WADS AW AN riLALITY a'•:: 1 - IlT'PK.uJ - STNDAR MSECTION 400. '-- 1 ..o H BAM BASEFHW +� •C. f� j .I sn®LLEJ •k � _ '4, Circc_�\F 7 7 - p d�,gg an��W` ir t,lw ap�•aring herein CABINET SECTION 51NK SECTION Aahlt I.�-y n.+e' 1nV.0 1' 14' dlwloud wHhout-Itt•n e•na•n1 0+h•Arehil-L ..CALL V.r-O• ©2004 RESCOM ARCKTECTURAL MG i 1'FaAM P Pi•w r PLLm 1'DD PANS 2-2• 115' M12 Vl' 1'd r-d 14 W V-a 117 7J1' C - OMwm TRLE � p = H __ill , , SDretCiRURROD CASEWORK I FOR ne t.+cLp�E 1 I I •' , , 24•X 5W FRAE=HNWR Iit - ' MLRdUVE L , Lw To"E,P'K", MAZER ' 4'PLI STiC LAM + REVISIONS 00 4K `sw o c F 9 DEER STDJE J PLL� ra• 3•o row• r-41n• r-Ir 14r 7'1' sa GPI q,p,Nt CLEAR —T- rL'.43�4• 6,� 04040.00 07-07-05 I KITGHEN.C,OUNTER ELEVATION BATH VANITY ELEVATION 11 SCAMVX�NO xNtlrr.lo g AS NOTED - - CRAN'PG•LAABBL . - s.A5ENORK DETAILS BID SET fio NOT FOR CONSTRUCTION I i. 3-0 �INI�H SCH>=>�L>=CLEAR PlAus MOORS R E S C 0 M T+�etTStcRASE PROWL PARTED SEAL®OpC7EIE ROE. PROWL PAMfID Architectural, Inc.' FII+E PROIELTKM ROOM MO W L PMIM MAL®C AZETE WE DRYY/Vt PARZTID ; MA O] co+ON AREA P.O.TOX IPROWL PANTED WAMcaic,.Fmm R:fE pM-All PAMr(D • a-___-._ H __ .._- _ _ _ tNPl9tf A LM*AAMR-M TE.ACFL S.ST STAIR DROOL PAIRIED R.EEER TREAD54.4ADMN 41Yom 4- DRYIl41 FAMED • ` REM RISERS i ' lull �Y STAIR ' I _ •Y Residential & C om xMj%PETId RrwLPAmm twLY=TREADa1A4mw 4PD PROWL FAMED PRE Mats Architeefursmercial I. p m _ f2AR STAIR DRYY411 PAW REM rIZP VD54A,HgNrJy I 4'"XO MO14J.PARTED RIKER RISERS 4 M1 elm D nvu Pmnw VCT OftY csT OCR1 i'YCYD GRiY4•LL PA&I® I \ ^f fEAR HOR'T 0`65T noQO L &OU PAWN VCT 4-Il= D mvu PAIXf® RPNt t3tfRY(YTgrn F1A�U DPm L PAIR= VG7 1'YL17D DRYMHI.PAIN® Ph—ISM 754-9828 F..(SOW TS9-9802 —LLL '4;M= GRYIta1L►ARtI® I PROWL PARTED JvrT 4•YOOD GRYYBLL PAIIrr® CQWACT PERSON GREGORY SIRCCNIAN DRTIM1Ai1 P 1AMEY 1 AINED 4• DRYWLL PANTED PAD=ROE L IDCAMR ' ORTYLV.L PAMm OAAAEf 4'A=YWD PROWL FAMED •. 1 L eAR PROWL PAMZ® 5MM7 YMM 4'POPP PROWL PAMW PROPOSED L.I.F.E. QUADRAPLEX Yo, CASTLEWOOD CIRCLE HYANNIS, MA BALLUSTER/GUARD RAIL CONDITION- SECTION® 5TAIR DETAIL (77 - 1 - LFATRIGTTXL tia 9TA51 A {[�[y��"" ^^d•jjile t�'22s�r,1.1.'.....1.9 heroin conilllrire d��wp�.+ne1/�66rk of th. 1 A,.hit.bt and way not h.duplicated,mad.r d.claud with..}written....nt.f tb.A,Ohil..t CD 2004 FIESCOM ARCMTECTURAL.INC. lCQIfAACTOR SrATONY WALL RAVE WRIUVOM 6Wm9 No IWORALLS CR mom I SiOf3.IRff.TEO Gw-Im'Va tXrS.ORATwE RQAO YIOOD - - 1 "INS YRM FRZL%H - 'I .. RAZDBRALSAARE NorcoOM mots BETAMN STAIR/NY 19AMM WLWIP 6 I . • TIE TOP AO OOfTOY1 Cr A STARYNY TIE RAMMALS SRA;L EX TOO RCRIZOWA LT AT LENT Q WAM WY000 TIE TOP RISER AHO WNTHE I. To a CM FOR THE Dun"OF OIE DRAM TITLE ry TREAD Kyoto THE e=CPI PJSM TFE 14MRAIL BIDS a LL M R r""3' - TO A?W1 OR FOST.0�.T00 CM-10=4) R°M�,nmN. I STAIR DETAILS I PUr THIE YmN OF OM„MAD FIMSH SCHEDULE 1 I wrap m aorrat FILM J1112,OD.ROYO MXXKM AT DRYMNL PARn" eRT.s STAICAYOR I I •5'-w OA - s I I RFVISICNS n V2 Q ddo mg 7 9• YIM -------- w+olYa OR TREAD wO5IR5—_ rr 04040.00 07-07-05 J STAIR RAILING® WALL ELEVATION DETAIL OF RAILING a INTERIOR STAIRS �.E AS NOTED I F . 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FOR RANCH LARK s,rr, SEI: PLAN. =o~ S..TN£LOCA71111 AND SIZE�or T14F FROPO•SCD i3+ - UT1L!T1ES ARE SUdJ£Cr 10 AP1'IIOVAL OF 'rl APPROPRI4FF. AG'P.'NCIES. AVOFSSOR'S AIAP 27,?,' PARCEL 25 "-"i• ,''ZD1JlN(I O1STR/CT: RC-I. MIN FRONTAdE •,• SF79A"S: FRONT • d0'. SIOF d REAR IS' [1114. Lol AREA • 43540 S.F.tt-' 'LIRDUNIJ HATER PROTF'C1I01V OVERLAY OIS a BLOOD ZONE C. ALAI'25'ODOI 000.5 C. DATED 4/19/85 OAR, : L 1 r'£. INC. r .�. 550 LI11CDlN ROAD E.Y7FNSION NT.ANNI S. MA 0200! J . 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V � ;I M'%7�' PA.6ox'1ST IAONAEM WCK MA m:9 LahU AT BonCH AT OF i Vxom �A T 4 b baLAr Residential Commercla) i S 94I'n 6'dIN' 6'31N' S6' iV-2Y7 D4 41• BOTTOM OF Architecture - LANat AT i � $®lfd uu*1 f + Imo+— "T] FOUNDATION NOTES: I I 1 I I L ALL Fcarutss SWL oN ISDlSTte®L.NTaOAL cR CgYAOtEO ST4CTRAI I•Iu MAv616 A MIUMIi t,FAR616 GAPACRY rh.n.fSDO 7S8-Date F.a 15o8175t1-9f102 . , 1 I 1 I I GF 7ATO PCLID5 Ptit SGNFY Pg7f.ID FOOI9L5 SMVE.OE RX.®M MTaI ON Flrom/6RCT•D CR.PNxrvtl_r fll ppy>•ACi PERSON OREGOAY 81ROCWIAN _ _ __ _ Bt�PGL'K ALL DRHtICIi CONSTpIGTICN glydy BE GAIN pp�l TO A MIO1M Cp 4 P13T B9D11 HY191 FAIAOC I - f' YNTl3l , 5�, 1 I t I I I b'-]VY 114 In, 9 � INTOL -� � ` - 1 4l!ffi MTA"KAL S 9NL1 f 4=0 P31151N 6 A ll8PiAs rMLf7I atiffff PJ.ALL f.OICi✓BIE FOR FXi@gOlt IAt1m m"I LDtATM L *�' I B r A ALL OPDAMO AND/OR MATIM"WALL a MiAW FW?f FOLMATIOII AND 5L1e M85RAVE NO BACKV ILL AREA& ] x�- o i A ALL PCOMUS AND Ptak SILL M center arse S"CW m"M LMM arse ym Ilolw PROPOSED F IrE AOTrsyawA __1 L.I.F.E. 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I .,F. , CASTLEWOOD CIRCLE : i v HYANNIS , MA r }}1 27 r — ARCHITECT: RESCOM Residential � Commercial °+ Architectural, Inc. Architecture P.O. Box 15T Monument Beach,MA 02553 Phone 15081 T59-8828 Fax(SOB)758-9802 CONSTRUCTION DOCUMENTS J U L Y 7, 2005 PROJECT. DATA rim pia i 91RDIN6 GLA451PIGAMOM �AR!TION REaLIRE14)li5 2 MEANS Or CFRP+6 Mr®USE - INTERIOR EW ENCLOSURE-V2 NGLR(Rff.Tbo GMR-1114 6RCIP R-2(RESIDEN IAEJ - extr STAIR-V2 HOW _ . EAT To 6RADE(MAN I EVMJ SHAFTS OTHER THAN PATS-V2 HaR - EF46TN OF TRAVEL 250 Pr.MAX cONSTFCICnwR TYPE - DRAFT STOPPING-REOl1R®(RE•.160 CA -120.T1 - - TYPE SB•COFEVSTOLI!,M.LY SPRINKLED APRIGABLE CODES N1FOIER OP STORIES _ SMEGHARILPINS d W.I-MASB 614-MASS. A. M45 EDITION MRS EOCW AS PER T60 CHR - 2_q FEET - FIRE PROTECTION-MASS:6TH EDITION p999 EOCN 52T GMR -. - R!A'BIN6 APO 605 PITTING Wh -MASS.FBIN6 AND FUEL 6AS CODE 246 OW(A") . MASS.CHE R6Y CODE - - MA59.5=TRIG CODE(5.71 GM 12001 . ALLOkED R-4600 . . _9 STORY(20 FEET) i BID SET - AREA GALra:LAnouc WIT r-/1P f-/]u4TpiirTfniJ NOTEt.: . I \ •• !'ROPCRTY L I N£ I NFORMAT ION M45 CO6,'P I I ED IRCM AVAILAbL£PLANS'AND:DEEDS OF R£•CORG AND DOES NOT REPRESENT AN ACTUAL ON rHF. j,..' •.,' ; W GROUND SURVEY. •r.v.... Lccv� ,. •�, t - M-` Z. FLF-VArIONS SHOWM REFER'TO H4TION11 GEODE ,., - •�ram' n VEBTlC.eL'DATUM 7N.C..V.D. Y 3. 0E1=11 MARK USFI S i''?' "r• Axn6• � {;�.•,;" - �cD: flGC. EI EV. �7-.68 C a 4. FOR BENCH MARK SET.•SEL PLAN. LOCUS AJAP 5, THE LOC4110H AND SIZE OF THE PROPOSED UTILITIES ARE SU6,JFCT 110 APPROVAL OF THE APPROPRIATE AGENCIES. ASSESSOR'S,YAP ?7,?,' PARCE'_ 25 i. ,Z'ONIMq CIST41CT: RC-1. MIN FRONTAGE - i25 SEIRACKS: FRONT - 10'. SIDE. d BEAR - IS- ® M/N, LOT AREA - 43560 S.F. OROUAO ItAT£R PROTECTION OVERLAY DISTRICT:,GP FL009 ZONE C. MAI'250001 0005 C. DATED 8i)9/S,5 r 6WHER: LIF£•. INC. 550 LINCOLN ROAD EY7ENsIoN - �;'� HYANNI S. ebl 0260. '�•" 100-790-360C. MARTH4 MORIA ATTN: HARRY SCHWART IOIBO/?..^9 I LISA LAVIG^NE I f2334/044 q / h r.., rk41 a / PARKING CA1_C(/i_A T I pPJS: 1 t� V / I ; REQUIRED: 1.5 SPACES ;L•R'ELL ING UI.•fT 4 UNITS X 1.5 - 6 SPACES PARKIIM SPACES PROVIDED - /^ 1 .. £ SPACES - PA 9C I r �/ I BRIDGET PANAIt£LL, AREA -CAI_CUI..ATIOW : I I:,arlr s IT. �'! j TOTAL LOT AR£4 /4,273< s.F' } 1{ lAlP1iAV/DU5 AREA - 3.GlOt s-F. - 16 a' i 50 z eiAX. F,r 1,,_,• j � l � F�.•�._/� t .• 7 ;vA/URA( AREA - O.So t s.F �( w l 80 a ylH• HARRr HA„ LgOUl S7 J'T .:1. �3 n>rait`� ��A Ift _•- r% �� �\\` �(� ,' / f Ill PA `', .: _�' ro aa•,w Tau. /i s/...� � �-, c 0't So V 40 a X- S Tam QQ; - :E S i TE ?L 4P,/ L_ AlJL� 177A 5 r4.E H'OOC r/f7CL E. MAP I FINISH L10i/RSE 43vraLr RERN LEGEND F'FtE'PAREP FOP. : s FINISH ms7rEfr ryJ �... - 9G8 cytL'XPTP sOt49 ?. [ T fr• sr a,fiI.autera —r— rA=L:AS' L— !•f s•O!/Ar41 2ASE ii-f/S•Ol,MPR f9L'ASE 1JIORAKf a"tl A4,.a Y' a�. 2c7US S CA - SIDfy'ALK OMP MEAD V:RF t_^• ♦J' h I �.. 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