DECLARATION OF GRACELAND PARK HOMEOWNERS' ASSOCIATION

Transcription

1 DECLARATION OF GRACELAND PARK HOMEOWNERS' ASSOCIATION WHEREAS, Mark J. Salvo, Trustee of the Jamoka Realty Trust (referred to herein and in the By-Laws as the "Declarant"), with an address of 621 Riverside A venue, Haverhill, Massachusetts 01830, is the record title owner of certain land described in Exhibit A (the "Subdivision") and as shown on a certain plan of land entitled "Graceland Park OSRD Subdivision, 494 Howe Street, Map 904/Block 74/ Lot 7/ Map 906/ Block 74/ Lots 71, 71C & 72, Methuen, MA 01844" Dated February 3, 2016, prepared by Civil Design Consultants, Inc., Surveyor, and recorded in Essex North District Registry of Deeds as Plan No (the "Plan"). For Declarant's Title see deed recorded with the Essex County Registry of Deeds at Book 14920, Page 18. WHEREAS, the Declarant desires to establish a Homeowners' Association for the following purposes: to maintain and repair the drainage system components located beyond the right of way located within the Subdivision; to hold title to and to be responsible for the maintenance schedule and procedures of such drainage system located within the Subdivision; and to take all actions necessary to effectuate this purpose of this Declaration. NOW, THEREFORE, the following is hereby declared: 1. The Declarant hereby submits to this Declaration Lots 1 thru 10 of the Subdivision as described in Exhibit A, attached hereto and incorporated herein by reference, and as shown on the Plan. 2. There is hereby established the Graceland Park Homeowners' Association (referred to herein and in the By-Laws as the "Association"). The Declarant shall have

2 certain rights to control the Association as provided in the By-Laws referred to herein. The sole purpose of the Association shall be to Maintain the Trail Easement Access to the Open Space between Lots 8 & 9 as set forth in the Long Term Operations and Maintenance Program. dated September 26, 2016 attached as Exhibit B, and shown on said Plan. Maintain the Storm water Access & Utility Easement on Lot 6 as shown on said Plan. Maintain the Storm water Easement 3 between Lots 7 and 8 as shown on the Plan recorded at Plan Book No Maintenance Parcel "A" as defined on said Plan. Flush the water main as required by the City of Methuen pursuant to the Certificate of Approval issued by Community Development. Maintain and follow the Long Term Operations and Maintenance Program dated September 26, 2016 for all drainage areas as approved by Methuen Conservation. The Owners of Lots 5, 6, 7, 8, 9 and 10 acknowledge the limit of clearing on their lots as marked in the field. The Owners of Lots 2, 3, 4 and 5 acknowledge that the white pine tree buffer planted along their property lines must be maintained. The Owners of Lots 4, 5, 6, 7, and 8 acknowledge that the sewer force main serving their property will be privately owned and maintained to the sewer manhole PSMH-4. (a) to be responsible to maintain and repair the drainage system components located beyond the right of way within the Subdivision as illustrated on sheet C-5A entitled Grading, Drainage and Landscaping Plan dated February 3, 2016 with revisions through October 6, (b) to be responsible for the recommended maintenance schedule and procedures are set forth in the Long Term Operations and Maintenance Plan included with this document. Reference is hereby made to the Site Plan prepared by Civil Design Consultants, Inc. dated February 3, 2106 recorded at Plan no

3 ( c) to maintain and be responsible for tl:ie maintenance and operation of the storm water management system in accordance with the Long Term Operations and Maintenance Plan; ( d) to maintain insurance in the coverage and amounts as the Association deems necessary; (f) to take all actions necessary to effectuate the purposes of this Declaration. 3. Each of the Lots so designated shall be subject to the provisions herein which shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in any of the Lots described in Exhibit A (a "Lot Owner"), jointly and severally with all Lot Owners. 4. Upon the conveyance of a Lot from the Declarant to a Lot Owner, each Lot Owner shall be liable to the Association for their respective, equal share of all annual and special assessments of the members as determined by the Board of Directors of the Graceland Park Homeowners' Association (the "Board") as common expenses attributable to each Lot governed by this Declaration. Fees, charges, late charges, fines and interest charged against a Lot Owner pursuant to the By-Laws are enforceable as common expenses against that Lot Owner. Notwithstanding anything to the contrary contained herein, each Lot Owner shall be responsible for the drainage system exclusively serving his/her/their Lot to the property line of the Lot. Such Lot Owner, at his/her/their sole cost and expense, shall be responsible for maintaining and repairing such drainage system exclusively serving his/her/their Lot. 5. The Board serving hereunder shall, upon written request of any Lot Owner or prospective purchaser of a Lot, issue a certificate in recordable form of all unpaid common expenses due from such Lot Owner or attributable to such Lot. 6. The Board shall declare an annual budget with an annual replacement reserve and an annual assessment. The funds collected from each assessment shall be kept in a separate fund for the benefit of all Lot Owners/Members of the Association. The records of the Association relative to these duties shall be open to the inspection of all Lot Owners.

4 7. Each deed of conveyance conveying a Lot within the Subdivision shall in each instance include the following language: "As required by the Special Permit issued by the Community Development Board dated July 13, 2016, the Buyer of Lot2 1 thru 10 within the Graceland Park Reserve subdivision acknowledges that the Open Space parcels, or easements, shown on the plans, which have been or will be conveyed to the City of Methuen through its Conservation Commission for conservation, agricultural and/or recreational purposes, shall provide the City with the right, but shall not impose any obligation on the City, to maintain the Open Space parcels in any particular state or condition, notwithstanding the City's acceptance of such Open Parcels." However, the omission of this language in a deed of conveyance conveying a Lot within the Subdivision shall not invalidate or diminish the effect of this requirement per the said Special Permit. 8. Each deed of conveyance conveying a Lot within the Subdivision shall in each instance include the following language: "The Grantee(s) herein shall be responsible for the drainage system exclusively serving his/her/their Lot herein conveyed to the property line of the Lot. The Grantee(s) herein, at his/her/their sole cost and expense, shall be responsible for maintaining and repairing such drainage system exclusively serving his/her/their Lot herein.conveyed." 9. Each deed of conveyance conveying a lot within the Subdivision shall in each instance include the following language: "Graceland Park Homeowners' Association shall be responsible for the cost and expense of the maintenance and repair of the entire drainage system serving the Graceland Park Subdivision from the property line of each Lot within the said Subdivision." 10. The Association is hereby granted with quitclaim covenants and shall hereby have any and all easements and rights-of-ways necessary to accomplish the purposes as described herein and shown on the Plan, including, but not limited to, the Grading, drainage and landscaping system as shown on the Plan, and may hold or convey title to interest in real estate consistent with the purpose of the Association. 11. The Association shall have the right to make assessments against the Lot Owners for any costs incurred by the Association in connection with the purpose

5 described above on a pro rata basis among all of the Lots for which an Occupancy Certificate has issued. Any costs or expenses incurred as a result of a Lot Owner's failure to pay assessments shall be assessed only against said Lot and Lot Owner. 12. The Association shall establish By-Laws for the conduct of the affairs of the Association, as the Association shall, from time to time determine. The initial form of the By-Laws are attached hereto and made a part hereof marked as Exhibit "B". 13. The Association shall inspect and maintain the drainage system located within the Subdivision pursuant to the Long Term Operations and Maintenance Plan attached hereto and made a part hereof marked as Exhibit "C". 14. One (1) of the ten (10) Lots within the Subdivision shall be designated as an affordable unit as required per the Certificate of Approval with Conditions issued by the City of Methuen Community Development Board, dated July 13, Should the Association breach any of its obligations in this Declaration or the Bylaws, the City of Methuen shall have the right, but not the obligation, to take any and all measures, at its sole discretion, it deems appropriate to remedy any problems, malfunctions, damage or other issues caused by the breach and hold the Association responsible for the cost of the remedial measures taken by the City. The Declarant, the Association, and all Lot Owners agree that the City and its agents shall have the right to enter upon the Subdivision, including the Lots, to inspect, maintain, repair or replace any of the common areas of the Subdivision (the "Common Areas") or their appurtenances as necessary for the property operation or maintenance of the Common Areas and to take such corrective action as the City deems appropriate. Any expenses incurred by the City shall be imposed as a lien against all Lots. Additionally, the City shall have the right and responsibility to make assessments and terminate services with regard to the Association in the event of default, if it deems such action appropriate with regard to the Common Areas. 16. The Lot Owners agree and acknowledge that the City of Methuen and its employees, agencies, agents and/or officers shall have no liability or responsibility for the upkeep, repair, use, maintenance and/or replacement and supervision and/or replacement of the Common Areas. In the event that the City of Methuen or its agents are to make

6 any repairs to the Common Areas, the Association shall be responsible for the cost associated with such repairs and agrees to hold the City of Methuen including the Planning Board harmless for any problems, costs, damages or expenses associated with said repairs. The cost of any work done by the City boards, officers, or employees (the value of which shall be determined by the Assessor) or by any contractor engaged thereby, and any other costs in enforcing the obligations of the Association hereunder and abating any violation hereof, shall be charged to the Lot Owners. The City may assess any unpaid costs against the Lot Owners, in such portions as shall be determined by the Assessor, as a betterment. Such assessment may, in the sole discretion of the City, be added to the real estate tax bill issued for each Lot or may be billed to such Lot Owner directly and separately and from time to time. All such bills and/or assessments shall be due and payable within thirty (30) days from the date thereof and failure to pay such assessments or bills within that 30-day period shall, automatically and without the need for further action on the part of the City, arise as a lien against any such Lot if the Lot Owner fails to pay in accordance with the provisions hereof. By accepting and recording a deed for any Lot, each Lot Owner, for themselves and their successors in interest to such Lot, hereby acknowledge and agree to pay, in accordance with the provisions hereof, any and all such assessments and/or bills, which shall be, upon issuance thereof by the City, a lien in the nature of a betterment assessment. Any such lien which arises as provided herein shall constitute security for the recovery of such sums due and the City shall be entitled to recover its costs of collection thereof, including reasonable attorneys' fees and disbursements. Notwithstanding the foregoing, the City shall give the Association, except where there is a threat to public safety and/or work of an emergency nature, thirty (30) days' prior written notice that the Association is in default of its obligations hereunder and the Association shall have the right to cure such default within said thirty (30) day period. Failure to so cure shall entitle the City the rights and remedies herein provided. Any such notice given by the City shall provide a specific description of the default by the Association and the actions necessary to remedy the same.

7 17. The City of Methuen shall be defended, indemnified and held harmless from any and all costs and expenses incurred as a result of the Association's failure to meet its obligations under this Declaration or the Association By-Laws. 18. The City shall have the right to enforce the obligations of the Association and the Lot Owners contained herein by appropriate legal proceedings and to obtain injunctive and other equitable relief against any violation, including, without limitation, relief requiring repair, maintenance or replacement of any Association property, including any Common Areas (it being agreed that the City has no adequate remedy at law), and shall be in addition to, and not in limitation of, any other rights and remedies available to the City. 19. This Declaration shall run with the land more particularly described in Exhibit A attached hereto and shall operate as a covenant running with the land and shall be binding upon each Lot Owner, their heirs, assigns and successors in title and interest, and shall inure to the benefit of each Lot Owner and any mortgagee of the same. Declarant currently owns the Lots 1 thru 10 identified in Exhibit A and the Plan; said Lots are currently intended to comprise the Graceland Park Association to be governed by this Declaration. This is a conveyance in the ordinary course of business and is not in contravention of the filed. EXECUTED as a sealed instrument this 28th day of June, 2017.

8 COMMONWEALTH OF MASSACHUSETTS COUNTY OF ESSEX On this 28th day of June, 2017, before me, the undersigned Notary Public, personally appeared Mark J. Salvo, who proved to me through ~atisfacte:yy e,,vidence of ~de~tification, :Which was a Massachusetts Driver's License to}1t9-~7/ fs I n : hose name is signed on this document, and acknowledged to me that he S1gtl'.~~ liy o ily. jl /! ARTHUR J. BROADHURST NOTARY PUBLIC Commonwealth of Massachusetts My_ Commission Expires. September 17, 2019

9 Exhibit A (Legal Description) A certain parcel of land with the buildings thereon situated in Methuen, Essex County, Massachusetts, being known as lot number _, as described in a plan of land entitled Graceland Park OSRD Subdivision, 494 Howe Street, Map 906/ Block 74/ Lots 71, 71C & 72& Map 904/ Block 74/ Lot 7, Methuen, MA Dated February 3, 2016, prepared by Civil Design Consultants, Inc., Surveyor, and recorded in Essex North District Registry of Deeds as Plan No (the "Plan"). Said lots contain 18 Acres of land, more or less, according to the Plan. For Declarant's Title see deed recorded with the North Essex Registry of Deeds at Book 14920, Page 18.

10 Exhibit B BY-LAWS FO THEGRACELAND PARK HOMEOWNERS' ASSOCIATION ARTICLE I GENERAL PROVISIONS 1. PURPOSE: The administration of the Graceland Park Homeowners' Association (the "Association") shall be governed by these By-Laws which are annexed to the Declaration of Graceland Park Reserve Homeowners' Association (the "Declaration") and made a part thereof, and all present and future owners of any building lots within the subdivision made subject to the Declaration ("Lot Owners") shall be subject to these By-Laws, as well as to the Declaration and any rules ("Rules") promulgated hereunder. 2. BY-LAWS APPLICABILITY: The provisions of these By-Laws are applicable to the land described in Exhibit A to the Declaration and shall be binding on all Lot Owners. The acceptance or recording of a deed of conveyance of a Lot shall constitute an acknowledgment that such Lot Owner has accepted and ratified the Declaration, these By-Laws and any Rules promulgated hereunder, and will comply with them. 3. OFFICE: The office of the Association and the Board of Directors shall be located at the subdivision or at such other place as may be designated from time to time by the Board of Directors. ARTICLE II LOT OWNERS' ASSOCIATION 1. COMPOSITION: All of the Lot Owners shall constitute the Association which shall have the responsibility of administering the Declaration, establishing the means and methods of collecting assessments, and performing all of the acts that may be required to be performed by the Association. The administration of the Declaration shall be performed by the Board of Directors ( as more particularly set forth in Article III).

11 2. VOTING: Each Lot for which an occupancy permit has issued shall be entitled to one vote in the Association. Since a Lot Owner may be more than one person, if only one person is present at a meeting of the Association, that person shall be entitled to cast the vote appertaining to that Lot. But if more than one of the persons is present, the vote appertaining to that Lot shall be cast only in accordance with the agreement of a majority of them, and such consent shall be conclusively presumed if any one of them purports to cast the vote appertaining to that Lot without protests being made forthwith by the others to the person presiding over the meeting. As applied to a person which is not a natural person, the word "person" shall be deemed for the purposes of this section to include, without limitation, any one natural person having authority to execute deeds on behalf of such person which is not a natural person and which is, either alone or in conjunction with another person or persons, a Lot Owner. Except where a greater number is required by the Declaration or by these By-Laws, a simple majority of votes of the Lot Owners present, in good standing and entitled vote shall be decisive. While the Declarant owns a Lot or Lots in the subdivision, the Declarant shall be the Association and may take all actions as if the Declarant owned all of the Lots, as set forth in Article II, 4, below. 3. PLACE OF MEETING: Meetings of the Association shall be held at the subdivision or at such other suitable place as may be designated by the Board of Directors and stated in the notice of the meeting. 4. DECLARANT SHALL BE THE ASSOCIATION UNTIL CONVEYANCE OF ALL LOTS OR RESIGNATION: Until the Declarant has conveyed out all Lots in the subdivision, OR UNITL THE Declarant has resigned, whichever is first, the Declarant shall be the Association and may take all actions as if the Declarant owned all of the Lots. Within six ( 6) months after the conveyance of all the Lots subject to this Declaration, the Declarant shall cause a vote to be taken among all Lot Owners for the purpose of electing the Board of Directors (the Initial Election). Thereafter, each annual meeting shall be held within three (3) months of the anniversary date of the first annual meeting. The Board of Directors shall consist of three (3) members, each of whom shall serve one (1) year terms. 5. SPECIAL MEETINGS: It shall be the duty of the President to call a special meeting of the Association if so directed by resolution of the Board of Directors or upon a petition signed and presented to the Secretary-Clerk by Lot Own~rs having not less than thirty (30%) percent of the votes of all Lot Owners. The notice of any special meeting shall set

12 forth the purpose thereof and business shall be transacted at a special meeting as stated in the notice. 6. NOTICE OF MEETING: It shall be the duty of the Secretary-Clerk to mail, by United States mail, return receipt requested, a notice of each annual meeting or special meeting of the Association, at least twenty-one (21) days in advanced of such meeting, stating the purpose thereof, as. well as the time and place where it is to be held, to each Lot Owner of record, at the address of their respective Lots and at such other address as each Lot Owner may have designated by notice in writing to the Secretary-Clerk; provided, however, such notice may be hand delivered by the Secretary-Clerk or Manager, if the Secretary-Clerk or Manager obtains a receipt of acceptance of such notice from the Lot Owner. 7. VOTING REQUIREMENTS: A Lot Owner shall be deemed to be in good standing and entitled to vote at any annual meeting or at any special meeting of the Association if, and only if, he shall have fully paid all assessments made or levied and due against him or his Lot by the Board of Directors as hereinafter. provided, together with all interest, costs, attorney's fees, penalties and other expenses, if any properly chargeable to him and against his Lot, at least three (3) days prior to the date fixed for such vote. 8. PROXIES: The vote appertaining to any Lot may be cast pursuant to a proxy executed by or on behalf of the Lot Owner or, where the Lot Owner of more than one person, by or on behalf of all such persons. 9. QUORUM: A quorum shall be deemed to be present throughout any meeting of the Lot Owners, until adjourned, if persons entitled to cast more than thirty-three and onethird (33 1/3%) percent of the total votes are present at the beginning of such meeting. 10. ORDER OF BUSINESS: The order of business at all meetings of the Association may be as follows: (a) roll call; (b) recitation of proof of notice of meeting; ( c) reading of minutes of preceding meeting; (d) reports of officers; (e) report of Board of Directors; (f) reports of committees; (g) election of directors, if applicable; (h) unfinished business; and (i) new business, and of which may be waived.

13 11. CONDUCT OF MEETING: The President, or his designated alternative, shall preside over all meetings of the Association and the Secretary-Clerk shall keep the minutes of the meeting and shall record all transactions occurring and all resolutions adopted at the meeting. Roberts Rules of Order shall govern the conduct of all meetings of the Association. ARTICLE III. BOARD OF DIRECTORS 1. POWERS AND DUTIES: The affairs and business of the Association shall be managed by a Board of Directors ( sometimes hereinafter referred to as the 'Board") which shall have all of the powers and duties necessary for the administration of the affairs of the Association and of all such acts and things as are specified in the Declaration. The Board of Directors shall have the power, from time to time, to adopt any Rules deemed necessary for the enforcement of the Declaration. The Board of Directors may delegate to one of its members the authority to act on behalf of the Board of Directors on all matters which might arise between meetings of the Board of Directors, excepting from such delegated authority, the right to levy assessments which right is reserved unto the full Board of Directors. In addition to the general duties imposed by these By-Laws, the Board of Directors shall have the power to, and be responsible for, the following: (a) (b) preparation of an annual budget, in which there may be established the assessment of each Lot Owner in which certain budget expenses will be common expenses assed to all Lot Owners; making assessments against Lot Owners to defray the common expenses, establishing the means and methods of collecting such assessments (including the use of fines), depositing the proceeds thereof in a bank depository which the Board of Directors shall approve, and using the proceeds to carry out the purpose of the Declaration. Unless otherwise determined by the Board of Directors, the annual assessments against each Lot Owner for their proportionate share of the common expenses shall be payable in equal monthly installments to be due and payable in advance of the first day of each month for said month. The term common expenses, shall include, but not be limited to the.following: (i) (ii) all costs incurred in maintaining the Drainage Easements; and any other actions authorized or taken pursuant to the Declaration or these By-Laws.

14 ( c) designating, hiring and dismissing the personnel necessary for the purposes of the Association, including maintenance of the Drainage Easements, and where appropriate, providing compensation of such personnel and for the purchase or use of equipment, supplies and material to be used by such personnel in the. performance of their duties, which supplies and equipment, if purchased, shall be deemed the common property of the owners; ( d) making and amending Rules respecting the provisions of the Declaration, these By-Laws and such Rules promulgated hereunder, and bringing any legal process which may be authorized and instituted on behalf of the Lot Owners; ( e) maintaining the books of account showing the receipt and expenditures of the Association. The said books shall be available for examination by the Lot Owners, their duly authorized agents or attorney, during general business hours on business days; and (f) to do such other things and acts nqt inconsistent with the Declaration which it may be authorized to do by a resolution of the Association. ARTICLE IV OFFICERS 1. DESIGNATION: The principal officers of the Association shall be a President, a Secretary-Clerk and a Treasurer, all of whom shall be elected by the Board. The Board may appoint assistants or such other officers as in its judgment may be necessary. With the exception of the President, no officer need be a member of the Board. The offices of the Treasurer and Secretary-Clerk may be held by the same person. 2. ELECTION OF OFFICERS: The officers of the Association shall be elected annually by the Board at the organizational meeting of each new Board, and shall hold office at the pleasure of the Board. Any vacancy in an office shall be filled by the Board at the annual meeting or a special meeting called for such purpose. 3. REMOVAL OF OFFICERS: The officers shall hold office until their respective successors are chosen and qualify in their stead. Any officer elected or appointed by the Board of Directors may be removed at any time by the affirmative vote of a majority of the whole Board, and his successor may be elected at the annual Board meeting or a special meeting of the Board called for such purpose.

15 4. PRESIDENT: The President shall be the chief executive officer; he or his designated alternate, shall preside at meetings of the Association and if present at meetings of the Board of Directors, and shall be an ex officio member of all committees; he shall have general and active management of the business of the Association and shall see that all order and resolutions of the Board are carried into effect. He shall have all of the general powers and duties which are usually vested in or incident to the office of the President of a stock corporation organized under the laws of the Commonwealth of Massachusetts. 5. SECRETARY-CLERK: The Secretary-Clerk, or his designated alternate, shall attend all meetings of the Board of Directors and all meetings of the Association, shall record the minutes of all proceedings in the Record Book of the Association, and shall perform like duties for committees when required. The Secretary-Clerk shall keep the Record Book of the Association current and in his custody. He shall give, or cause to be given, notice of all meetings of the Association, the Board and committees, and shall perform such other duties as may be prescribed by the Board or President. The Secretary-Clerk shall compile and keep current at the principal office of the Association a complete list of the Lot Owners and their last known post office address. This list shall be open to inspection by all Lot Owners and other persons lawfully entitled to inspect the same at reasonable hours during regular business days. 6. TREASURER: The Treasurer shall have the custody of all funds and securities that are not under the control of the Manager, and with the assistance of the Manager, shall keep full and accurate records of receipts and disbursements, shall prepare all required financial data, and shall deposit all monies and other valuable personal property in such depositories as may be designated by the Board, where possible, taking proper vouchers for such disbursements, and shall render to the President and directors, at the regular meeting of the Board, or whenever they may require it, an account of all his transactions as Treasurer and of the financial conditions of the Association. 7. AGREEMENTS, CONTRACTS, DEEDS, CHECKS, ETC: All agreements, contracts, deeds, leases, checks, and other instruments of the Association for expenditures or obligations may be executed by any officer of the Association or by such other person or persons as may be designated by the Board of Directors.

16 8. COMPENSATION OF OFFICERS: No officer shall receive any compensation from the Association for acting as such. ARTICLEV OPERATION OF THE PROPERTY 1. DETERMINATION OF COMMON EXPENSES AND ASSESSMENTS AGAINST OWNERS: (a) (b) Fiscal Year. The fiscal year of the Association shall be the twelve month period commencing on January pt of each year and terminating on December 31st_ The fiscal year herein established shall be subject to change by the Board of Directors. Preparation and Approval of Budget. Each year the Board of Directors shall adopt a budget of the Association containing an estimate of the total amount which it considers necessary to pay the costs of the Association including maintenance of the Drainage Easements. Such budget shall also include such reasonable reserves the Board of Directors considers necessary to provide general operating reserves and reserves for contingencies and replacements. The Board of Directors shall make reasonable efforts to send to each Lot Owner a copy of the budget, in a reasonably itemized form which sets forth the amount of the common expenses payable by each Lot Owner,' at least fifteen (15) days in advance of the fiscal year to which the budget applies. 2. PAYMENT OF COMMON EXPENSES: (a) All Lot Owners shall be obligated to pay the common expenses assessed by the Board of Directors pursuant to the provisions of the Declaration and these By-Laws. No Lot Owner may exempt himself from liability for his contribution of the Drainage Easements by abandonment of his Lot. No Lot Owner shall be liable for the payment of any part of the common expenses assessed against his Lot subsequent to a sale, transfer or other conveyance by him of such a Lot. The purchaser of a Lot or successor, owner by virtue of such transfer or other conveyance shall be jointly and severally liable with the selling owner for all unpaid assessments against the Lot expenses up to the time of conveyance, without prejudice to the purchasers right to recover from the selling owner the amounts paid by the purchaser therefore; provided, however, that any such selling owner or purchaser shall be entitled to a recordable statement from the Board or the Manager setting forth the amount of unpaid assessments against the Lot conveyed, subject to a lien for any unpaid assessments in excess of the amount therein set forth; failure to finish or make available such a

17 (b) statement within twenty-one (21) days from receipt of such request shall extinguish the lien for any unpaid assessments. Payment of a fee of ten ($10.00) Dollars shall be required as a prerequisite for issuance of such a statement. If a mortgagee of a first mortgage of record or purchaser of a Lot obtains title to the Lot as a result of foreclosure of first mortgage, or through the enforcement of any other remedies provided for in the mortgage, or by virtue of successors and assigns shall not be subject to a lien for the payment of common expenses assessed prior to a lien for the payment of common expenses assessed prior to the acquisition of title to such Lot by such mortgagee or purchaser pursuant to the aforesaid remedies. Such unpaid share of common expenses assessed prior to the acquisition of title to such Lot by such mortgage or purchaser pursuant to the aforesaid remedies shall be collectible from all owners, including, the purchaser or first mortgage, in proportion to their respective votes in the Association. Notwithstanding that which is set forth herein, the Lot Owner of the Lot designated as an affordable housing lot shall pay the common expenses and fines assessed by the Board of Directors at the rate of eighty (80%) percent of the common expenses and fines assessed by the Board of Directors assessed against the market rate Lots. ARTICLE VI RESPOSIBILITIES OF ASSOCIATION REGARDING 1. OPEN SP ACE: The Association will be responsible for maintaining the access to the open space between Lots 8 & 9 as shown on the plan recorded at Plan Book no The Association is responsible for the maintenance and upkeep of Parcel "A" as defined on said Plan. 2. FLUSHING OF MAIN: The Association will be responsible for the Flushing of the water main as required by the City of Methuen pursuant to the Certificate of Approval issued by Community Development. 3. MAINTANANCE OF WATER RETENTION AREAS: The Association will maintain and follow the conditions set forth in the Long Term Operations and Maintenance Plan approved by Methuen Conservation dated October 24, 2016.

18 ARTICLE VII AMENDMENT TO BYLAWS 1. AMENDMENTS: The Declaration and these By-Laws may be modified or amended either (a) by vote of at least seventy-five (75%) percent of the Lot Owners cast in person or by proxy at a meeting duly held in accordance with the provisions hereof, provided that notice of the proposed amendment shall have been given each Lot Owner simultaneously with the notice of such meeting; or (b) pursuant to a written instrument duly executed by at least seventy-five (75%) percent of the Owners; provided, however, that until the control of the Association has been turned over to the Lot Owners, as provided in Article II, 4, the Declarant shall have the sole right to make such amendments. END OF BY-LAW (remainder of page intentionally blank)

19 LONG TERM OPERATIONS AND MAINTENANCE PROGRAM February 3, 2016 R-1: March 11, 2016 R-2: May 2, 2016 R-3: June 14, 2016 R-4: July 28, 2016 R-5: September 26, 2016 This Long Term Operations and Maintenance Program Plan has been prepared in accordance with the Stormwater Management Policy issued by the Department of Environmental Protection (DEP) for the proposed Open Space Residential Development of 494 Howe Street, an open space residential development located at 494 Howe Street in Methuen, MA. Upon a period beginning twelve months after the completion of the roadway, all structural BMP s shall be inspected twice annually, once in April and once in November. The inspection shall be performed as indicated below: Street Sweeping Street sweeping can be an effective method to reduce pollutant loading in runoff generated from pavement. Street sweeping shall be performed in accordance with the City of Methuen s maintenance program. Snow Storage / Removal Snow plowed from the proposed roadway will be placed or disposed of in accordance with the policy developed by DEP. Any snow that accumulates over the grates of each catch basin shall be removed to ensure that the drainage systems functions properly. Under no circumstances shall snow plowed or removed from the road be stockpiled within wetland resource areas. If conditions arise where snow storage areas are at capacity the Operator is required to remove and dispose of snow off site in conformance with all local, state and federal regulations. Catch Basins The sump/hooded catch basins will be inspected and/or cleaned in accordance with the City of Methuen s maintenance program. The sediment will be disposed of at an approved offsite location in accordance with all applicable local, state, and federal regulations. Drainage Outfalls The outlets of the storm water management system will be inspected biannually. Any evidence of erosion or other damage will be reported to the appropriate town representative and repaired as soon as possible. Any sediment should be removed from the outlet structures. Sediment Forebay Sediments and associated pollutants are removed only when sediment forebays are actually cleaned out, so regular maintenance is essential. Frequently removing accumulated sediments will make it less likely that sediments will be re-suspended. At a minimum, inspect sediment forebays monthly and clean them out at least four times per year. Stabilize the floor and sidewalls of the sediment forebay before making it operational, otherwise the practice will discharge excess amounts of suspended sediments. When mowing grasses, keep the grass height no greater than 6 inches. Set mower blades no lower than 3 to 4 inches. Check for signs of rilling and gullying and repair as needed. After removing the sediment, replace any vegetation damaged during the clean-out by either reseeding or resodding. When reseeding, incorporate practices such as hydroseeding with a tackifier, blanket, or similar practice to ensure that no scour occurs in the forebay, while the seeds germinate and develop roots. Infiltration Pond Infiltration basins are prone to clogging and failure, so it is imperative to develop and implement aggressive maintenance plans and schedules. Installing the required pretreatment BMPs will significantly reduce maintenance requirements for the basin. Inspections and preventive maintenance must be performed at least twice a year.

20 Once the basin is in use, inspect it after every major storm for the first few months to ensure it is stabilized and functioning properly and if necessary take corrective action. Note how long water remains standing in the basin after a storm; standing water within the basin 48 to 72 hours after a storm indicates that the infiltration capacity may have been overestimated. If the ponding is due to clogging, immediately address the reasons for the clogging (such as upland sediment erosion, excessive compaction of soils, or low spots). Thereafter, inspect the infiltration basin at least twice per year. Important items to check during the inspection include: Signs of differential settlement, Cracking, Erosion, Leakage in the embankments, Tree growth on the embankments, Condition of riprap, Operation of the drawdown device, Sediment accumulation and The health of the turf. At least twice a year, mow the buffer area, side slopes, and basin bottom. Remove grass clippings and accumulated organic matter to prevent an impervious organic mat from forming. Remove trash and debris at the same time. Use deep tilling to break up clogged surfaces, and revegetate immediately. Remove sediment from the basin as necessary, but wait until the floor of the basin is thoroughly dry. Use light equipment to remove the top layer so as to not compact the underlying soil. Deeply till the remaining soil, and revegetate as soon as possible. Inspect and clean pretreatment devices associated with basins at least twice a year, and ideally every other month. A drawdown device is provided for use in cases where the basins need to be accessed when there is standing water. The gate valve for the underdrain system needs to be opened and checked twice a year at a minimum. Estimated Operations and Maintenance Budget It is anticipated that the stormwater management system will require an annual budget of $2,500 to maintain. Trails 1. Occasionally, the existing trail tread requires maintenance to remove obstacles, and maintain proper grading and outslope for drainage. This activity includes removal of obstacles such as stones, roots or small stumps in the existing tread, reshaping the existing tread with hand tools such as shovels and rakes, and bringing in fill to cover exposed roots and rocks and fill mudholes. It does not involve work outside of the existing trailbed. 2. As vegetation falls or grows into the trail corridor, it must periodically be trimmed or removed to maintain a trail corridor clear or obstacles. This activity includes cutting, trimming and removal of vegetation within up to 18 of the existing trailbed width, and up to a vertical height of 6 to 9. Tree branches that grow into the trail corridor are pruned back to the nearest larger branch or trunk.