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HomeMy WebLinkAbout0001 GENERAL PATTON DRIVE l � r , 8k 19818 P0127 031642 QUITCLAIM DEED EAST BAY OSTERVILLE LLC, a Massachusetts Limited Liability Company, with a mail address of P.O. Box 496, Osterville, MA 02655-0496 (the "Grantor") , for consideration paid of ONE HUNDRED sIxTY- T W.O. THOUSAND ($162,000.00) DOLLARS, grant to SUYAPA C. RIVERA, with a mail address of one General Patton Drive, Hyannis, MA 02601(the "Grantee") , -4 with QUITCLAIM COVENANTS, N O The land together with the building and other improvements located thereon situated at One General Patton Drive, Barnstable(Hyannis) , Barnstable County, Massachusetts more particularly described on N Exhibit A attached hereto and made a part hereof. Being the same premises conveyed to the Grantor by deed dated March 18, 2005 and recorded with the Barnstable County Registry of Deeds in Book 19654, Page 103 . a Executed as a sealed instrument this 9th day of May, 2005. x BARNSTABLE COUNTY EXCISE TAX �0, BARNSTABLE COUNTY REGISTRY OF DEEDS EAST BAY OSTERVILLE LLC, Date: 05-12-2005 D 03:31am Pk CtIt: 2220 DocT: 31642 Fee: $369.36 Cons: $162000.0 , w B S JR. , r&AGER .. COMMONWEALTH OF MASSACHUSETTS ABarnstable, ss. May 9, 2005 Then personally appeared the above named JAMES H. CROCKER, JR. MANAGER, as aforesaid, and acknowledged the foregoing instrument to w be the 'free act and deed of 'said limited liability company before a me, a 60C,. Ji C. Z lin i NotaryPublic My commission expires: /07 2011 w �, •: MASSACHUSETTS STATE EXCISE TAX BARNSTABLE COUNTY REGISTRY OF DEEDS f;\date\clients\crocker Date: 05-12-2005 & 03:31pe `. 0� .• 1F X1,..��1` .ff. Ck10: 2220 Doc4: 31642 Ry PV Fee: 054.04 Cons: $162>000.00 Bk 19818 Pg 128 #31642 EXHIBIT A the land to'gother with the buildings thereon, located at 1 General Fatton Drive, Ba=stable (11yanfiis) , Barnstable County, Massachuse.t.ts, bounded and .described as follows: Beginning at. the -Northwesterly cor6er -of. the granted premises and rtthifig South 490 28' 551" East by Bearse's Way, eighty-one and 96/100 feet;- thence on a curve having a radios of foi:ty (40 .00) feet, by Gerie3ml P*Atton. Drive, an arc- distance of sixty-two and 83/100 (62 .83) feet; thence South 400 311 ,050 West by General .Patton Drive, ninety-two and 17/100 (92 .77) feet; thence runnifrg North 490 3.1' 4.0" West by Lot #2, fifty-two and . 23/100 (52 .23) feet; thence running North . 1:20 59' 05•" East by land of August Aosenbatiim, et ux, one hundred fifty and 01/100 (150 .01) feet to the point of beginning. Containing -an "arda of 11,23-2 sgUare feet, more or less. Being t,OT #1 as shown on' a plan entitled. "Subdivision Plan of Land in Hyannis., Barnstable, Mash. For 'rhe Barnstable Housing Authority Scale: 1 in: = 40 ft. -Date: Mar. 28, 1968, Drawn by A.A.M. checked my W.C.N.. Charles N. Sawery Inc. .Registered Engineers Surveyors Hyanfiis Cape Cod No. • 67180" said Plan being recorded- at Barnstable Registry of- Deeds at Plan Book 4225, Page 10g. See Affordable Housing Restriction attached hereto 'and made a part hereof. Bk 19818 Pg 129 031642 AFFORDABLE HOUSING RESTRICTION annexed to and made part of that certain deed (the "Deed")from EAST BAY OSTERVILLE, LLC ("Grantor")to SUYAPA C.RIVERA(" a tee") dated May 12, 2004. RECITALS WHEREAS, pursuant to M.G.L. c 40A§9 and 40A§15,James H. Crocker, Trustee,East Bay/Osterville Trust(the"Trustee"),received zoning relief in the form of variances and a special permit from the Barnstable Zoning of Appeals in Appeals Nos. 2004-145,2004-146 and 2004- 147 which permit and variances, allowed the Grantor to build a single-family home on on parcel of land at 312 Wianno Road, Osterville, Massachusetts•which had previously set aside as open space; and WHEREAS, as a condition of the relief granted, the Trustee was required to comply with the requirements of Article L30II(63)of the General Ordinances of the Town of Barnstable- Inclusionary Affordable Housing Requirements(the.."Requirement'). In meeting this requirement,the Trustee was to provide one unit of housing to be committed as affordable in perpetuity,priced so as to be affordable to those households at the 70%area median income(AMI)for the area and marketed to those households at the 80%or less income level having full power and authority. WHEREAS,the Trustee having full power and authority has authorized and directed the Grantor to make and deliver the deed and this Rider thereto,at the direction of the Trustee,to the Grantee to satisfy the Requirement. WHEREAS, pursuant to the terms of said permit and variances,the Grantor is conveying that certain real property more particularly described in the attached Deed("Prop to the Grantee at a consideration which is less than the fair market value of the Property; and WHEREAS, in order to make it most likely that an income-eligible purchaser who can afford to buy the Property can be located when the Grantee desires to sell, the maximum resale price is limited by the percentage change in median income, as more fully provided herein; and WHEREAS, Citizens'Housing and Planning Association, Inc. ("CHAPA")hag been designated to monitor compliance with the terms of this Affordable Housing Restriction, and an eligible purchaser such as the Grantee are required to pay to CHAPA, or its successor, a small percentage of the resale price upon the purchaser's conveyance of the Property, as more fully provided herein. WHEREAS,the rights and restrictions granted herein serve the public's interest in the creation and retention of affordable housing for persons and families of low and moderate income and in the Restriction of the resale price of property in order to assure its affordability by future low and moderate income purchasers; 2oos-29/deedriderl 1 Bk 19818 Pg 130 #31642 NOW, THEREFORE, as further consideration for the conveyance of the Property at a discount in accordance with the Guidelines, the Grantee, including his/her/their heirs, successors and assigns,hereby agrees that the Property shall be subject to the following rights and restrictions which are hereby imposed for the benefit of� and shall be enforceable by, the Municipality and the Monitoring Agent(as herein defined). 1. Definitions. In this Deed Rider/Affordable Housing Restriction,in addition to the terms defined above,the following words and phrases shall have the following meanings: Area means the Primary Metropolitan Statistical Area which includes the Municipality. Base Income Number means the most recently published Area median income number(AMI) as determined by HUD. Chief Elected Official: the mayor of a city, the board of selectmen in a town, or such other official who is the city or town's chief executive.The Department of Housing and Community Development has recognized the Town Manager as the town's chief executive. — in shall have the meaning set forth in Section 4(d)hereof. i Compliance Certificate shall have the meaning set forth in Section 40)hereof. Conveyance Notice shall have the meaning set forth in Section 4(a)hereof. Developer means the Grantor. Eligible Purchaser means an individual(s) or household who qualifies as a First-Time Homebuyer earning no more than eighty percent(80%)of the Base Income Number and, if applicable, owning assets not in excess of the Iimit set forth in the Guidelines, as amended from time:to time..If HUD discontinues publication of median income statistics,then the Monitoring' Agent shall designate another measure of eligible income. To be considered an Eligible Purchaser,the individual(s)or household must intend to occupy and thereafter occupy the Property as his, her or their principal residence and must provide to the Monitoring Agent such certifications as to income and, if applicable, assets as the Monitoring Agent may require to justify designation as an Eligible Purchaser. Eligible Purchaser Certificate shall have the meaning set forth in Section 5(a)hereof. First-Time Homebuyer means an individual(s) or household, none of whom have had an ownership interest in a principal residence at any time during the three(3)-year period.prior to the purchase date of the Property. HUD means the United States Department of Housing and'Urbain Development. zoo5-29/deedriderl 2 Bk 19818 Pg 131 #31642 Initial Sales Pric means the price at which the Property is first sold by the Developer to an 'Eligible Purchaser. Maximum Resale Price means the sum of(A)the Base Income Number(at the time of resale) multiplied by the Resale Price Multiplier, plus(B)the Resale Fee. Monitoring Agent means CHAPA. The Monitoring Agent may also include the Municipality or any not for profit under.contract with CHAPA Mortgage Satisfaction Amount shall have the meaning set forth in Section 6(b)hereof. Municipal Compliance Certificate shall have the meaning set forth in Section 5(a)hereof. Municipality shall mean the Town of Barnstable. Permitted Indebtedness shall have the meaning set forth in Section 6(a)hereof. Permitted Mortgagee shall have the meaning set forth in Section 6(a)hereof. Resale.Fee means two and one-half percent(2.5%) of the Base Income Number(at the time of resale)multiplied by the Resale Price Multiplier,to be paid to the Monitoring Agent,as compensation for monitoring compliance with the terms of this Deed Rider/Affordable Housing Restriction, including the resale process, as more fully described in Section 11 hereof. Resale Price Certificate means the certificate issued by the Monitoring Agent,which sets forth the Resale Price Multiplier to be applied on the Grantee's sale of the Property, according to the terms of this Affordable Housing Restriction. Resale Price Multiplier means 2.41%, which is the number set forth in the most recently recorded Resale Price Certificate. The original Resale Price Multiplier was calculated by the Municipality by dividing the Initial Sale Price by the Base Income Number at the time of the . initial sale from the Developer to the first Eligible Purchaser,this number will be multiplied by the Base Income Number at the time of resale by the Grantee to determine(in part)the Maximum Resale Price on such resale, Example: Assume the Base Income Number at the time of the initial sale is $80,800 and the Initial Sale Price is$150,000. The Resale Price Multiplier would equal 1.86 (150,000/80,800=1.86). Then assume that atthe time the initial purchaser sells the unit, the Base Income Number has increased to $88,072,the Maximum Resale Price(herein defined)would be calculated as follows: $88,072 x 1.86=$163,814+the Resale Fee (herein defined). If the subsequent purchaser sells the unit at a time when the Base Income Number is$85,000,the Maximum Resale Price would be calculated as follows: (i)recalculated Resale Price Multiplier= 1.92(168,814/88,072= 1.92);(ii) $85,000 x 1.92=$163,200+the Resale Fee. i • I Term means perpetuity. • i 2oo5-29/deedriderl 3 Bk 19818. Pg 132 #31642 2. Owner-Occupancy/Principal Residence. The Property shall not be leased and shall be occupied and used by the Grantee as his, her or their principal residence, except if the purchaser is the Municipality in which case the Municipality shall promptly after its acceptance of a deed of such Affordable Unit, either(i)sell the Affordable Unit, after Affirmative Fair Marketing,to an Eligible Purchaser at the same price for which it purchased the Affordable Unit plus any expenses incurred by the Municipality during its period of ownership subject to the Deed Rider, with the recording of an Eligible Purchaser Certificate satisfactory in form and substance to the Monitoring Agent, or(d)rent the Affordable Unit to a person or household who would qualify as an Eligible Purchaser. The Municipality shall not sell or rent to a person or household who would not qualify as an Eligible Purchaser. Any use of the Property or activity thereon which is inconsistent with the purpose of this Affordable Housing Restriction is expressly prohibited. Upon the request of the Monitoring Agent,the.Grantee shall provide the Monitoring Agent with verification of Grantee's compliance with this provision. Any rents collected in violation of this provision shall be recoverable by the Monitoring Agent or the Municipality,together with all costs of collection, including attorneys fees, and shall be paid upon recovery and payment of costs to the Municipality for deposit to its Affordable Housing Fund. 3. Restrictions Against Junior Encumbrances. The Property shall not be refinanced, encumbered(voluntarily or otherwise)or mortgaged without the prior written consent of the Monitoring Agent; provided however,that this provision shall not apply to a first mortgage granted in connection with this conveyance. Any profits, or proceeds from any transaction described in the last preceding sentence which transaction has not received the prior written consent of the Monitoring Agent or the Municipality shall be recoverable by the Monitoring Agent or the Municipality, together with all costs of collection,including attorneys fees, and shall be paid upon recovery and payment of costs to the Municipality for deposit to its Affordable Housing Fund. 4. Provisions of Resale (a)When the Grantee or any successor in title to the Grantee shall desire to sell, dispose of or otherwise convey the Property, or.any portion thereof; the Grantee shall notify the Municipality and the Monitoring Agent in writing of the Grantee's intention to so convey the Property(the "Conveyance Notice"). The Conveyance Notice shall set forth the Resale Price Multiplier and the Maximum Resale Price of the Property. Upon receipt of the Conveyance Notice,the Monitoring Agent shall promptly begin locating an Eligible Purchaser. The Grantee shall fully cooperate with the Monitoring Agent's efforts to locate an Eligible Purchaser and will be required to hire a broker to assist the Monitoring Agent in locating an Eligible Purchaser, if so requested by the Monitoring Agent. The Eligible Purchaser located by the Monitoring Agent shall purchase the Property at the Maximum Resale Price within ninety (90)days after the Monitoring Agent receives the Conveyance Notice, or such further time as reasonably requested to arrange for details of closing. The Municipality shall also have the right to purchase the Property at the Maximum Resale Price, in which event the purchase shall occur within ninety(90) days after the Monitoring Agent receives the Conveyance Notice, or such further time as reasonably requested to arrange for details of closing. Any lack of cooperation by Grantee in resale efforts shall extend this period for the length of the delay caused by such lack of cooperation, not to exceed an additional ninety(90)days. Zoo5-29/deedriderl 4 Bk 19818 Pg 133 #31642 (b) The Monitoring Agent shall devote diligent marketing efforts to locate an Eligible Purchaser ready,willing and able to purchase the Property at the Maximum Resale Price within the time period provided in subsection(a) above. If more than one Eligible Purchaser is located through diligent marketing efforts of the Monitoring Agent, it shall conduct a lottery or other like procedure to determine which.Eligible Purchaser shall be entitled to the conveyance of the Property. The Monitoring Agent and the Municipality must provide for Affirmative Fair Marketing of the unit. (c)If an Eligible Purchaser is selected to purchase the Property,or if the Municipality elects to purchase the Property,the Property shall be conveyed by the Grantee to such Eligible Purchaser or to the Municipality as the case may be,by a good and sufficient quitclaim deed conveying a good and clear record and marketable title to the Property free from all encumbrances except(i)such taxes for the then current year as are not due and payable on the date of delivery of the deed, (ii) any lien for municipal betterments assessed after the date of the Conveyance Notice, (iii)provisions of local building and zoning laws, (iv) all easements, restrictions, covenants and agreements of record specified in the deed from the Grantor to Grantee, (v) such additional easements, restrictions, covenants and agreements of record as the Eligible Purchaser or the Municipality, as applicable, consents to, such consent not to be unreasonably withheld*or delayed, and(vi) an Affordable Housing Restriction satisfactory in form and substance to the Monitoring Agent and in conformance with the terms of the aforementioned comprehensive permit which the Grantee.hereby agrees to annex to said deed. (d) Said deed shall be delivered and the purchase price paid(the "Closing")at the Registry, or at the option of the Eligible Purchaser(or the Municipality, if the Municipality is . purchasing the Property), exercised by written notice to the Grantee at least five(5) days prior to the delivery of the deed, at such other place as the Eligible Purchaser(or the Municipality, if the Municipality is purchasing the Property)may designate in said notice. The Closing shall occur at such time and on such date as shall be specified in a written notice from the Eligible Purchaser (or the Municipality if the Municipality is purchasing the Property)to the Grantee,which date shall be at least five(5)days after the date on which such notice is given, and no later than the end of the time period specified in subsection(a) above. (e)To enable Grantee to make conveyance as herein provided, Grantee may, if so desired at the time of delivery of the deed, use the purchase money or any portion thereof to clear the . title of any or all encumbrances or interests, all instruments with respect thereto to be recorded simultaneously with the delivery of said deed.Nothing contained herein as to the Grantee's obligation to remove defects in title or to make conveyance or to deliver possession of the Property in accordance with the terms hereof as to use of proceeds to clear title or as to the election of the Eligible Purchaser or the Municipality to take title, nor anything else in this Affordable Housing Restriction shall be deemed to waive, impair or otherwise affect the priority of the Municipality's rights herein over matters appearing of record, or occurring, at any time after the recording of this Affordable Housing Restriction, all such matters so appearing or occurring being subject and subordinate in all events to the Municipality's rights herein. i (f) Water and sewer charges and taxes for the then current tax period shall be apportioned and fuel value shall be adjusted as of the date of Closing and the net amount thereof shall be i 2oos-29/deedriderl 5 i Bk 19818 Pg 134 #31642 added to or deducted from, as the case may be, the purchase price payable by the Eligible Purchaser or by the Municipality. (g)Pull possession of the Property free from all occupants is to be delivered at the time of the Closing, the Property to be then in the same condition as it is in on the date hereof, reasonable wear and tear only excepted. (h)If Grantee shall.be unable to give title or to make conveyance as above stipulated, or if any change of condition in the Property not included in the above exception shall occur,then Grantee shall be given a reasonable time not to exceed thirty(30)days after the date on which the Closing was to have occurred in which to remove any defect in title or to restore the Property to the condition hereby provided for. The Grantee shall use best efforts to remove any such defects in the title whether voluntary or involuntary and to restore the Property to the extent permitted by insurance proceeds or condemnation award. The Closing shall occur fifteen(15) days after notice by Grantee that such defect has been cured or that the Property has been so restored. The Eligible Purchaser(or the Municipality, if the Municipality is purchasing the Property)shall have the election, at either the original or any extended time for performance,to accept such title as the Grantee can deliver to the Property in its then condition and to pay therefor the purchase price without deduction, in which case the Grantee shall convey such title, except that in the event of such conveyance in accordance with the provisions of this clause, if the Property shall have been damaged by fire or casualty insured against or if a portion of the Property shall have been taken by a public authority,then the Grantee shall,unless the Grantee has previously restored the Property to its former condition, either: (A) pay over or assign to the Eligible Purchaser or the Municipality, on delivery of the deed, all amounts recovered or recoverable on account of such insurance or condemnation award less any amounts reasonable expended by the Grantee for the partial restoration, or (B) if a holder of a mortgage on the Property shall not permit the insurance proceeds or the condemnation award or part thereof to be used to restore the Property to its former condition or to be so paid over or assigned,give to the Eligible Purchaser or to the Municipality a credit against the purchase price, on delivery of the deed, equal to said amounts so retained by the holder of the said mortgage less any amounts reasonably expended by the Grantee for any partial restoration. (i)If the Monitoring Agent is.successful in locating an Eligible Purchaser within ninety (90) days after receipt of the Conveyance Notice,but the Eligible Purchaser is unable to secure mortgage financing so as to be able to complete the purchase of the Property,the Monitoring Agent will have an additional sixty(60) days from the date of written notification from the first Eligible Purchaser that he/she/they are unable to complete the purchase,to find another Eligible Purchaser to purchase the Property. (j}If the Monitoring Agent fails to locate an Eligible Purchaser who purchases the Property within ninety(90) days(with any requested additional time for closing details) after Zoos 29/deedriderl 6 Bk 19818 Pg 135 #31642 receipt of the Conveyance Notice (or within the sixty(60)-day period allowed under the previous subsection), and the Municipality does not purchase the Property during said period, then, no later than six(6) months following expiration of such period,the Grantee may convey the Property to any third party(other than the Grantee or any person related to the Grantee by blood, adoption, or marriage(any of the foregoing, a"Related Party')regardless of his income and assets, with all Restrictions set forth herein including the Maximum Resale Price for the sale for which the eligible purchaser was not found. (k) The Grantee understands and agrees that nothing in this Affordable Housing Restriction in any way constitutes a promise or.guarantee by the Municipality or the Monitoring Agent that the Grantee shall actually receive the Maximum Resale Price for the Property or any other price for the Property. 5. Resale and Transfer Restrictions. (a)Except as otherwise provided herein, the Property or any interest therein shall not at any time be sold by the Grantee,the Grantee's successors and assigns, and no attempted sale shall be valid,unless the aggregate value of all consideration and payments of every kind given or paid by the Eligible Purchaser(as located and defined in accordance with Section 4 above)or the Municipality,to the then owner of the Property for and in connection with the transfer of such Property, is equal to or less than the Maximum Resale Price for the Property, and(i)if the Property is conveyed to an Eligible Purchaser, unless a certificate(the "Eligible Purchaser Certificate") is obtained and recorded, signed and acknowledged by the Monitoring Agent which Eligible Purchaser Certificate refers to the Property, the Grantee,the Eligible Purchaser thereof, and the Maximum Resale Price therefor, and states that the proposed conveyance, sale or transfer of the Property to the Eligible Purchaser is in compliance with the rights, restrictions, covenants and agreements contained in Affordable Housing Restriction,and unless there is also recorded a new Affordable Housing Restriction executed by the Eligible Purchaser, which new.Affordable Housing Restriction is substantially in the same form as this Deed Rider/Affordable Housing Restriction; or(ii) if the Property is conveyed to the Municipality unless a Certificate(the"Municipal Purchaser Certificate")is obtained and recorded, signed and acknowledged by the Monitoring Agent, which Municipal Purchaser Certificate refers to the Property,"the Grantee, the Municipality, and the Maximum Resale Price for the Property and states that the proposed conveyance, sale or transfer of the Property to the Municipality is in compliance with the rights, restrictions, covenants and agreements contained in this Affordable Housing Restriction, and unless there is also recorded a new Affordable Housing Restriction executed by the Municipality,which new Affordable Housing Restriction is substantially in the same form as this Affordable Housing Restriction. (b) Within ten(10) days of the closing of the conveyance of the Property from Grantor to Grantee,the Grantee shall deliver to the Monitoring Agent a copy of the Deed of the.Property, together with recording information. Failure of the Grantee, or Grantee's successors or assigns to comply with the preceding sentence shall not affect the validity of such conveyance. 6. Rights of Mortgagees. (a)The holder of record of a first mortgage granted to a state Ior national bank, state or federal savings and loan association, cooperative bank, mortgage company, trust company, insurance company or other institutional lender or its successors or assigns(other than the Grantee or any person related to the Grantee by blood, adoption, or 20os 29/deedriderl �. Bk 19818 Pg 136 #31642 marriage(any of the foregoing, a"Related Party')may acquire the Property by reason of foreclosure or similar remedial action under the provisions of such mortgage or upon conveyance of the Property in lieu of foreclosure,provided that the holder of such mortgage has given the Monitoring Agent and the Municipality not less than sixty(60) days prior written notice of its intention to foreclose upon its mortgage or to accept a conveyance of the Property in lieu of foreclosure, the rights and restrictions contained herein, including the Maximum Resale Price, shall continue to apply to such holder upon such acquisition of the Property, any purchaser The holder of Permitted Indebtedness is referred to herein as a"Permitted Mortgagee." (b) A Permitted Mortgagee shall notify the Monitoring Agent and the Municipality in the event of any default for which the Permitted Mortgagee intends to commence foreclosure proceedings,which notice shall be sent to the Monitoring Agent and the Municipality as set forth in this Affordable Dousing Restriction. No failure to notify the Monitoring Agent pursuant to the previous sentence shall impair the validity of a foreclosure, (c) The Grantee grants to the Municipality the right,and option to purchase the Property upon receipt by the Municipality of notice in any form of an impending foreclosure against the Property. In the event the Municipality intends to exercise its option,the Municipality shall purchase the Property at a price equal to the Maximum Resale Price. The deed to the Municipality shall include an Affordable Housing Restriction containing all of the rights and restrictions set forth in this Affordable Housing Restriction and otherwise satisfactory in form and substance to the Monitoring Agent which the Municipality, as a condition to such purchase, agrees to annex to said deed. Any excess received by the Permitted Mortgagee over the Mortgage Satisfaction Amount shall be paid to the Grantee(provided,that in the event that such excess shall be so paid to the Grantee,the Grantee shall thereafter indemnify,such Permitted P Mortgagee against loss or damage to such Permitted Mortgagee resulting from any claim made by any other party to the extent that such claim is based upon payment of such excess by such Permitted Mortgagee to the Grantee in accordance herewith,provided that such Permitted Mortgagee shall give the Grantee prompt notice of any such claim and shall not object to intervention by the Grantee in any proceeding relating thereto). . (e) A certificate signed under penalties of perjury by a purchaser at a foreclosure sale(or any subsequent purchaser) certifying,that such purchaser is not a Related Party shall, if recorded i with the Registry, be conclusive evidence that such purchaser is not a Related Party. 7. Covenants to Run With the Property, (a)It is intended and agreed that all of the agreements, covenants, rights and restrictions set forth herein shall be deemed to be covenants running with the Property and shall be binding upon and enforceable against the Grantee,the Grantee's successors and assigns and any party holding title to the Property,for the benefit of and enforceable by the Municipality and the Monitoring Agent,their successors and assigns, during ' the Term of this Affordable Housing Restriction. (b) This Affordable Housing Restriction and all of the agreements, restrictions,rights and covenants contained herein shall be deemed to be an affordable housing restriction as that term is defined in Section 31 of Chapter 184 of the Massachusetts General haws. Zoos 24/deedriderl 8 Bk 19818 Pg 137 #31642 (c)The Grantee intends, declares and covenants on behalf of Grantee and Grantee's successors and assigns(i)that this Affordable Housing Restriction and the covenants, agreements, rights and restrictions contained herein shall be and are covenants running with the land, encumbering the Property for the Term, and are binding upon the Grantee's successors in title, (ii)are not merely personal covenants of the Grantee, and(iii)shall bind the Grantee, and Grantee's successors and assigns and enure to the benefit of the Municipality and the Monitoring Agent, and their successors and assigns,for the Term, Grantee hereby agrees that any'and all requirements of the laws of the Commonwealth of Massachusetts to be satisfied in order for the provisions of this Affordable Housing Restriction to constitute restrictions and covenants running with the land shall be deemed to be satisfied in full and that any requirements of privity of estate are also deemed to be satisfied in full. (d)Without limitation on any other rights or remedies of the Grantor,the Municipality, and the Monitoring Agent, their successors and assigns, any sale or other transfer or conveyance of the Property in violation of the provisions of this Affordable Housing Restriction, shall,to the maximum extent permitted by law, be voidable by the Municipality, and the Monitoring Agent, their successors and assigns,by an action to enforce such rights,restrictions, covenants, and agreements. 8. Notice, Any notices, demands or requests that may be given under this Deed Rider/Affordable Housing Restriction shall be sufficiently served if given in writing and delivered by hand or mailed by certified or registered mail, postage prepaid,return receipt requested,to the parties hereto at the addresses set forth below, or such other addresses as may be specified by any party(or its successor)by such notice. Municipality: Town of Barnstable Town Hall 367 Main St, Hyannis,MA. 02601 Attention: John C. Klimm, Town Manager Grantor: East Bay Osterville, LLC P.O.Box 496 Osterville,MA 02655-0496. Attn: James'H. Crocker, Jr.,Manager Grantee; 5uyapa C. Rivera 1 General Patton Drive Hyannis, MA 02601 + Monitoring Agent:- Citizens' Housing and Planning Association, Inc. 18 Tremont Street Boston,MA 02108 Attention:Executive Director Any such notice, demand or request shall be deemed to have been given on the day it is hand delivered or mailed. 2oo5-29/deedriderl 9 Bk 19818 Pg 138 #31642 9. Further Assurances. The Grantee agrees from time to time, as may be reasonably required by the Monitoring Agent,to furnish the Monitoring Agent with a written statement, signed and, if requested, acknowledged, setting forth the condition and occupancy of the Property, information concerning the resale of the Property and all other material information pertaining to the Property or the Grantee's conformance with the requirements of the Comprehensive Permit and the Guidelines. 10. Enforcement. (a)The rights hereby granted shall include the right of the Municipality and the Monitoring Agent to enforce this Affordable Housing Restriction independently by appropriate legal proceedings and to obtain injunctive and other appropriate relief against any violations including without limitation relief requiring restoration of the Property to its condition prior to any such violation(it being agreed that there shall be no adequate remedy at law for such violation), and shall be in addition to, and not in limitation of, any other rights and remedies available to the Municipality and the Monitoring Agent. (b) Without limitation of any other rights or remedies of the Municipality and the Monitoring Agent, or their successors and assigns, in the event of any sale, conveyance or other transfer or occupancy of the Property in violation of the provisions of this Affordable Housing Restriction, the Municipality shall be entitled to the following remedies,which shall be cumulative and not mutually exclusive: (i) specific performance of the provisions of this Deed Rider/Affordable Housing Restriction; (i9 money damages for charges in excess of the Maximum Resale Price, if applicable; (iii) if the violation is a sale of the Property at a price greater than the Maximum Resale Price as provided herein, the Monitoring Agent and the Municipality shall have the option to locate an Eligible Purchaser or purchase the Property on the terms and conditions provided herein;the purchase price shall be a price which complies with the provisions of this Deed Rider/Affordable Housing Restriction; (iv) the right to void any contract for sale or any sale, conveyance or other transfer of the Property in violation of the provisions of this Deed Rider/Affordable Housing Restriction in the absence of a Certificate of Compliance,by an action in equity to enforce this Deed Rider/Affordable Housing Restriction; and (v) money damages for the cost of creating or obtaining a comparable dwelling unit for an Eligible Purchasers. (c) In addition to the foregoing, in the event of a violation of the provisions of this Affordable Housing Restriction,the Monitoring Agent and the Municipality may take appropriate enforcement action against the Grantee or the Grantee's successors in title, including, without limitation, legal action to compel the Grantee to comply with the requirements of this Affordable Housing Restriction. The Grantee hereby agrees to pay all fees and expenses 2oo5-29/deedriderl 10 Bk 19818 Pg 139 #31642 (including legal fees) of the Monitoring Agent and/or the Municipality in the event successful enforcement action is taken against the Grantee hereunder. The Grantee hereby grants to the Monitoring Agent and the Municipality a lien on the Property,junior to the lien of any institutional holder of a first mortgage on the Property, to secure payment of such fees and expenses in any successful enforcement action. The Monitoring Agent and the Municipality shall be entitled to seek recovery of fees and expenses incurred in a successful enforcement action of this Affordable Housing Restriction against the Grantee and to assert such a lien on the Property to secure payment by the Grantee of such fees and expenses.Notwithstanding anything herein to the contrary, in the event that the Monitoring Agent and/or Municipality fails to enforce this Affordable Housing Restriction as provided in this Section,the Department of Housing and Community and Development, its successors and assigns, shall have the same right to enforce this Affordable Housing Restriction as provided herein. (d) The Grantee for himself, herself or themselves and his, her or their successors and assigns, hereby grants to the Monitoring Agent the right to enter upon the Property for the purpose of enforcing the restrictions herein contained, or of taking all actions with respect to the Property which the Monitoring Agent may determine to be necessary or appropriate pursuant to court order, or with the consent of the Grantee to prevent, remedy or abate any violation of this Affordable Housing Restriction. 11. Monitoring Agent Services:Fees. The Monitoring Agent has been designated to monitor compliance of the Project with ongoing requirements of the special permit and variances referenced herein and this Affordable Housing Restriction, including the requirement that the Property be sold and resold to Eligible Purchasers(or to the Municipality) as provided therein. As partial compensation for providing these services, the Monitoring Agent shall receive the Resale Fee on the sale of the Property to an Eligible Purchaser or any other purchaser in accordance with the terms of this Affordable Housing Restriction. This fee shall be paid by the Grantee as a closing cost at the time of Closing, and payment of the fee of the Monitoring Agent shall be a condition to delivery and recording of its certificate,failing which the Monitoring Agent shall have a claim against the new purchaser and persons claiming under the new purchaser for which the Monitoring Agent may bring an action and may seek an attachment against the Property. 12. Severabilb. If any.provisions hereof or the application thereof to any person or circumstance shall come, to any extent,to be invalid or unenforceable,the remainder hereof, or the application of such provision to the persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. Ex-e ut4 as a sealed instrument this ay of . 2005. Grantor: tee: By By M5-29/deedriderl 11 . . Bk 19818 Pg 140 #31642 Afford*NQ Housing Restriction Executed as a sealed instrument this gth kfth day of May, 2005. EAST BAY OST$RV:(= LC, GRANTEE: VT as es H. coo r. ager COMMONWEALTH OF MASSACHUSETTS 09 Barnstable, ss. May VOL, 2005 Then personally appeared the above-named JAMES H, CROCKER., JR. , Manager as aforesaid, and acknowledged the foregoing instrument to be the free act and deed of said limited liability company, before me. Notary P . Jill C. Zylinski January 7, 201 My comm. exp.: ,/•Ill+;,.{,t 1,#=Ii COMONWEALTH OF MASSACMTSETTS _.: .. Barnstable, as. May�L, 2005 , 'then personally appeared the above-named Lh and acknowledged the foregoing instrument to be/hOr free act and deed, before me. jplit!R.ANGER. Notary Public ,q,ER NOTARY PU81.IC D ..... f„ A1�410fMASSAC4lUSETfS y comm. exp. : 7±lr '; COMMONWE �+�"s1. "+ �•'�' OpMMlSSfON RES 100/2005 i MY EXPI -Bk 19818 Pg 141 #31642 EXHMff A Maximum Initial Sales Prices/Initial Resale Price Multiplier Type of Unit Maximum Initial Sales Price Initial Resale Price Multiplier Four bedroom unit $ 162,000 2,41% I I I 2005-28/multiplier9 BARNSTABLE REGISTRY OF DEEDS a TOWN OF BARNSTABLE BUILDING PERMIT APPLICATION Map Application # 6 Health Division Date Issued Conservation'Division Application Fe Planning Dept. Permit Fee Date Definitive Plan Approved;by Planning Board Historic.- OKH _ Preservation/Hyannis Project Street Address W 44 C,4'1 Village A40 C r__p Owner N_ s ' JJ r-0 a r d l' (Address Telephone Permit Request '\ P 1 sloe k_ ,-6-31 �(� �,� 1. C3 rSoV` C ivy "� es- C VA ir Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project.Valuation ®fly Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family.; Two Family ❑ Multi-Family (# units) Age of Existing Structure Historic House: ❑Yes ❑ No On Old King's Highway❑Yes ❑ No Basement Type: ❑ Full ❑Crawl ❑Walkout ❑ Other rn Basement Finished Area(sq.ft.) Basement Unfinished Area(sq.4) Number of Baths: Full: existing new Half: existing n6O Q: Number of Bedrooms: existing _new co Total Room Count (not including baths): existing new First Floor Roon i Count. Heat Type and Fuel: ❑Gas it ❑ Electric ❑ Other Central Air: ❑Yes PNo Fireplaces: Existing New Existing wood/coal stove: ❑Yes ONo Detached garage: ❑ existing ❑ new size—Pool: ❑ existing ❑ new size _ Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size _ Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION ��rr (BUILDER OR HOMEOWNER) Name S uYCA lJ tt kiia ?YJee-a Telephone Number Address qen e ` Pa lt'o,? License# YQ °•'S /- Lo 6 o Home Improvement Contractor# Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BETAKEN TO /wL 7 SIGNATURE t DATE• i. FOR OFFICIAL USE ONLY APPLICATION# DATE ISSUED t MAP/PARCEL NO. ,yt f ? ADDRESS VILLAGE f z OWNER DATE OF INSPECTION: - FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL j PLUMBING: ROUGH FINAL '�. GAS: ROUGH FINAL .k FINAL BUILDING `r DATE CLOSED OUT ASSOCIATION PLAN NO. 4 The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 600 Washington Street Boston, MA 02111 www.mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors[Electricians/Plumbers Applicant Information Please Print Le 'bl Name (BusinesslOr�imfion/individuBl): 1 Q ! �117e? Address: l°�Grp �a � ells n - City/State/Zip:6t�� �s /`�Q 6°260l Phone Are you an employer? Check the appropriate box: Type of project(required): 1.❑ I am a eroploycr with 4. ❑ 1 am a general contractor and I 6. ❑Kew construction employees(full and/or part-tdmc).* have hired the 5ub-contractors 2❑ I am a sole proprietor or partner- listed on the attached sheet 7. Remodeling ship and have no employees These sub-contractors have g, ❑Demolition loyees and have workers' working for me in any capacity. emp 9. ❑Building addition • . [N[No ccun .insviance comp.ins,�ncp t o w No rl S. ❑ We are a corporation and its 10.0 Electrical repairs or additions rbq3.0 I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions yself, [No workers' comp. right of exemption per MGL 12.0 Roof repairs c. 152, §1(4), and we havt no incrmranCe required..]t 13.0 Other etriployees. [No workers' camp.insurance required.] 'Any applicant that cheeks box#1 must also M out the section blow showing their workers'eongmsation policy infnmIImation. t Hamw A ners who submit this affidavit indicating they arm doing all work and then hirz outside wntrs rs must submit a new affidavit indicating such. XCoatractnms that cbcckthis box mtmst attacbed as additional sheet showing the name of the sub-ontractors and state wbcther ornot thost entities have employees. If the subcontractors have unploycca,thry nmust provi dt their wwkcre comp.policy nmanbcr. I am an employer that is providing workers'compensation insurance for ray employees Below is the policy and jab site information. Insurance Company Name: Policy#or Self-ins. Lic.#: Expiration Date: lob Site Address: �[✓l rm"+9 f� 6� d-,. City/State/Zip: +2 S Attach a copy of the workers' compensation policy declaration page(showing the policy number and expiration date). Failure to sccurc coverage as required under Section 25A of MGL c. 157-can lead to the imposition of crimir al penalties of a fine tip to $1,500.00 and/or one-year ircprisonrn ut, as well as civil penaltits in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of _ Investigations of the DIA for ingurancc coverage verification. Ida hereby certify under a pains-and penalties of perjury that the information provided above is true and correct atrrre: !� ,'\Y1.vIN�ro✓ DatC: 0 — Phone Offzcial use only. Do not write in this area, tb be completed by dily or town offzciaL City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3. City/Town.Cleric 4.Electrical Inspector S.Plumbing Inspector 6. Other Contact Person: Phone#: Massachusetts General Laws chapter 152 requires all employers to provide workers'compensation for their employees: Pursuant to this statute, an employee is defined as"._.every person in the service of another under any contract of hire, t express or implied, oral or written_" An employer is defined as"an individual,partnership, association, corporation or other legal entity, or any two or more of the foregoing cngagcd in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual,partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such erriploymcut be deemed to be an employer." MGL chapter 152, §25C(6) also states that"every state or Iocal licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced-acceptable evidence of compliance with the insurance coverage required." Additionally,MGL ohaptcr 152, §25C(7)states`Neither the commonwealth nor any of its political subdivisions shall enter into any contract for,the performance of public work untl acceptable cvidenec of compli R ance 'ith the ins e requirements of this chapter have been presented to the contracting authority." Applicants please fill out the workers' compensation affidavit completely,by checking the boxes that apply to your situation and, i.f necessary,supply sub-eoniractor(s)mme(s), addresses) and phone numbers) along with their certificatc(s) of innn-ance. Limited Liability Companies(LLC) or Limited Liability Partnerships (LLP)with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have :mployecs, a policy is required Be advised that this affidavit may be submitted to the Department of Industrial kccidcnts for confirmation of insurance coverage. Also be sure to sign and date the affidavit The affidavit should >e retumed to the city or town that the application for the pert or license is being requested,not the Department of ndmtrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' :ompensation policy,please call the Department at the number listed below. Self-insured companies should enter their ,ems innu-,mrc license number on the appropriate line. My or Tow i Officials 'lease be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom ,f the affidavit for you to, fill out in the event the Office of Investigations has to contact.you regarding the applicant 'lease be sure to fill in the permiVh=nse number which will be used as a reference number. In addition, an applicant hat must submit multiple permitllicense applications in any given year,need only submit onp affidavit indicating eunrent olicy information(if necessary) and under"Job Site Address" the applicant should writE"all locations in (city or )wn)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the pplicant as proof that a valid affidavit is on file for fiitarc permits or liccnscs. A new affidavit must be filled out each ear.Where a home owner or citizen is obtaining a license or permit not related fo any business or commercial venture _e. a dog license or permit to brim leaves etc.) said person is NOT required to completc,this affidavit he Office of Investigations would lice to thank you in advance for your cooperation and should you have any questions, tease do not hesitate to give us a call ie Department's address, telcphone•and fax number. The Carom onwWth of Massachust<tts Doga,rtment of Industrial Accidctnts Qfce of Investigatlans 600 Washingtan Street Boston, MA 02111 TeI. # 617-727-490.0 ext4-06 oar 1-S77-MASSAFB :d 11-22-06 Fax# 617-727-7749 www.mass.gov/dia Town of ]Barnstable THE Regulatory Services • swxxsrwsre. Thomas F.Geiler,Director Buildin Division pTFD �a Tom Perry,Building Commissioner . 200 Main Street; Hyannis,MA 02601 www.town.barnst2ble.ma.us face: 508-862-4038 Fax: 508-790-6230 HOMEOWNER LICENSE EXEMPTION cy Please Print DATE: / - JOB LOCATION: �7��� ! l�Gl/l96'd d'-&J6 C/l��b�lS .. AM — Da�(91� number street village ..HOMEOWNER": 1 //1 /v_ � name home phone# work phone# CURRENT MAILING ADDRESS: �Q4- e u s ab6ue city/town state rip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWN Per son(s) who owns a parcel of land on'which he/she resides or intends to reside, on which there is, or is intended to be, a one or two-family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than.one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official on a form acceptable to the Building Official, that he/she shall be responsible for all such work performed under the building?permit. (Section 109.1.1),', ' The undersigned"homeowner" assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with-said procedures and requ' ements. 0!' Signature V Wmcowncr Approval of Building Official g ' i Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that "Any homeowner performing work for which a building permit is required shall be exempt from the provisions -f this section(Section I D9.I...I-Licensing of construction Supervisors);provided that if the homeowner engages a person(s)for hire to do such' pork,that such Homeowner shall act as supervisor." Many homeowners who use this exemption aie unaware that they are assuming the rzsponsnbilitics of a supervisor(see Appendix Q. -u}es&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly hen the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would With a licensed upervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware ofhis/her responsibilities,many communities require,as part of the permit application, At the homeowner certify that hd she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by veral towns. you may care t amend and adopt such a form/certification for user in your community. 5 t �ofTMEr�,ti TOWn of Barnstable Regulatory Services r r r r • HARTISTABLE, Mess $ Thomas F. Geiler,Director. Building Division Tom Perry, Building Commissioner 200 Main Street, Hyannis, MA 02601 www.town.barnsta ble_ma.us Office: 508-862-403 8 Fax: 508-790-623 0 Property Own r Must Complete and Sign hisSection If Using A B der I S U d j_ 0—n$7p as Ow of the subject property '—�-� l P P. rty hereby authorize to act on toy behalf, in all matters relative to work authorized by thi/buili permit app cation for. Im.�t (Address off ) Signature of Owner Date lera Print Name If Property Owner is applying for permit please complete the Homeowners License Exemption Form on the reverse side. rt 6 `Q I V P N C� d � D �V � v Q a, THE- TOWN OF BARNSTABLE fob O� MARISTABLE, N AM& BUILDING INSPECTOR APPLICATION.FOR PERMIT,TO ........ ../ ...... ... 04 . .... ..................... .................... ................................ ........... TYPE OF CONSTRUCTION ................. ..................................................................................... .................................19........ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location ........ ...... .... ... ..........................7.1 ProposedUse ......... ...... ................................................................................................. ......................... ZoningDistrict ........................................................................Fire District ............................................................................... Name of Owner ................Address .... C.................... .... ............... Name of Builder .........4.....leo.. .. ....... .......Address ...C.5t.aa......................................................... Nameof Architect ..................................................................Address .................................................................................... Numberof Rooms .................................................................*Foundation ................................. .... .... ............................... Exterior ............... .............Roofing ....... . .......... .... ................................................. ...................... .........................................Interior .........�-% ..... ...... . ............................................ ... ........ ... . Floors .......... Heating . .........4.? .. ...........................................Plumbing .................................................................................. Fireplace .......... ...................................................Approximate Cost ..... ....................... Definitive Plan Approved by Planning Board ----------------------------- Diagram of Lot and Building with Dimensions SUBJECT TO APPROVAL OF BOARD OF HEALTH e).4 2�- I hereby agree to conform to all thi Rules and Regulations of the Town of Barnstable regarding the above construction. .... .. .. ............. ..............Name/��. .....j ......................................... � DIXON, JC&l0 . ) � No '15.79B—. Permit for . ............ / -j�wc,'.bedc.o�zma'-to''dvwa ........................ ' Location I � ---------^---.,==`==`=--.. � ...—~—.--.—.--.--.------------.. ^ Owner —Jobo.. ....................................... . � Typo of Construction Sr,=#---------.. ...............................................................^................ | ' � Plot ............................ Lot ................................ { � � - \ Permit Granted �6 ' lQ 72 ' ~..~.~`.=_--.--- Dote of Inspection ..................lQ Dote Completed .�t ----lg ` _ � �..—�---.. � _ f ' PERMIT REFUSED .----..-..----.—.------.—... lA � . | ' .-------...-------.--.----~—.—. ` ~._--......--.—..,—...--..------... —.--..-----~---.--..--..—.—..—.—.. � ^ ' . . ^ . ---------~-----.--......~—..—.. \ � \ � Approved _--------------' lQ � . ` ^ —^-------------~''^'---^'---^'—' , ---------------^---^—'~^—'^^^^ ' | . | ^ `