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HomeMy WebLinkAbout822-834 Primary Condo MD 1-13-21Draft of 1-13-21 1 NOTE: This Document is subject to Revisions prior to recording with the Barnstable County Registry of Deeds 822-834 MAIN STREET CONDOMINIUM 822-834 Main Street (route 28) Yarmouth, Massachusetts MASTER DEED 1. Submission to Condominium Status MacLyn LLC, a Massachusetts limited liability company with a principal place of business located at 822 Route 28 Main Street, South Yarmouth, Massachusetts 02664 (hereinafter with its successors and assigns called the “Declarant”), being the owner of the land with the building(s) thereon Yarmouth , Barnstable County, Massachusetts, which land is more fully described in Section 3 below (the “Land”), by duly executing and recording this Master Deed, does hereby submit said Land, together with the building and improvements now or hereafter erected thereon, and all easements, rights and appurtenances belonging thereto (hereinafter collectively called the “Property”), to the provisions of Chapter 183A of the General Laws of Massachusetts (as from time to time amended, hereinafter referred to as “Chapter 183A”) and does hereby state that Declarant proposes to create, and does hereby create, with respect to the Property, a condominium to be governed by and subject to the provisions of Chapter 183A (the “Primary Condominium”). 2. Name of Condominium The name of the Condominium shall be the 822-834 Main Street Condominium (hereinafter sometimes referred to as the “Condominium”). 3. Description of the Land The Condominium is located on a certain parcel of land on Main Street (Route 28) Yarmouth, Barnstable County, Massachusetts more particularly described in Exhibit A attached hereto and made a part hereof, which land is subject to easements, restrictions, and other matters of record and as noted in Exhibit A. 4. Description of the Building The Condominium consists of the land described in Exhibit A, on which are situated two buildings, 822 Main Street (Route 28) containing two floors and a basement and 834 Main Street (Route 28) containing one floor and no basement as shown on the Plans recorded herewith, Draft of 1-13-21 2 divided into two (2) primary condominium units, (the “Primary Units”), designated and to be used as follows:. The principal materials of each Building are as follows: 822 Main Street: Residential wings of this building consist of poured concrete fire walls and pre-cast concrete slabs for second floor and roof construction. The first floor is primarily slab on grade but there is a small portion of full basement below each residential wing to accommodate services and utilities. The exterior is largely clad in vinyl siding and aluminum doors and windows. The front commercial portion of the building is primarily slab on grade construction with the exception being the full basement below a portion of the restaurant. Construction type is a mixture of wood and metal stud interior and exterior walls, roof trusses, and a variety of siding materials and asphalt roofing. 834 Main Street: Wood framed building on poured concrete foundation. Exterior finishes include wood trim, vinyl clad windows, vinyl siding, white cedar shingle siding, and asphalt roofing. There are three handicapped accessible ramps and a covered portico for access to the building. 5. Description of the Units The Buildings described in Section 4 have been divided into two (2) primary condominium units (each of which may, at the election of the owner thereof, be subsequently further submitted to condominium ownership pursuant to a Master Deed recorded pursuant to M.G.L. c. 183A, as described hereinafter), designated and to be used as follows, as shown on the Plans: (a) Unit 1 (the Commercial Primary Unit) comprises the Building numbered and located at 834 Main Street (the “Primary Unit 1 Building”) (b) Unit 2 (the Senior Living Primary Unit) comprises the Building numbered and located at 822 Main Street (the Primary Unit 1 Building”) The boundaries of the Primary Units are as follows: Draft of 1-13-21 3 The Primary Units, their respective boundaries and the appurtenances thereof are as hereinafter delineated. (a) Primary Unit 1 and Primary Unit 2 each consist of the entirety of the respective Buildings (834 Main Street as to Unit 1 and 822 Main Street as to Unit 2). Except as otherwise expressly set forth in this Master Deed, the boundaries of Primary Units are the outermost exterior surfaces of each of the Primary Unit building(s) (including, without limitation, the exterior surfaces of the exterior walls, roof, windows, exterior doors, and foundations, all other exterior surfaces and features, and all other building elements of each such Primary Building). (b) In furtherance and not in limitation of the foregoing, each Primary Unit shall be deemed to include, without limitation, all foundations, structural components, girders, beams, supports, exterior walls (including siding and trim), structural or bearing walls, roofs, roof drains and storm water systems, rooftop equipment, screening and roof flashing, gutters and downspout drains, vents, pumps, windows and doors (including frames, glass, jambs, thresholds, storms, flashing, molding and trim, and including any skylights), decks, terraces, balconies, porches, patios, interior and exterior steps and landings, entrance lobbies or vestibules, elevators (including all cabs, shafts, enclosures, penthouses, cables, hydraulic cylinders and other related equipment), garage equipment including garage doors, gates, entry systems, and leader drains, garage entry trench drains and bollards, building perimeter drains, gas and oil interceptor systems, mailboxes and mail rooms, community rooms, storage rooms or areas, motors, fans, compressors, signs and signage, fixtures, facilities, control equipment, utility installations, fire service and post indicator valves, utility lines, services and equipment (including, without limitation, water lines and sewer system disposal lines serving solely and connecting from a Primary Building or Primary Unit to any common septic or other common on-site sewage disposal system), supply lines, pipes, wires, conduits, chutes, ducts, flues, heating, cooling, plumbing, electrical and other apparatus or equipment, spigots, utility meters, furnaces, hot water heaters, ventilating and air conditioning systems, components and equipment, condensers, equipment pads or mounts, concrete dumpster pads, pedestals, utility and other panels, sump pump(s)(if installed), radon vents (if installed), and fire suppression, telecommunications, security, surveillance, or other systems of the Primary Building(s) comprising such Primary Unit, including any of the foregoing located outside the boundaries of such Primary Unit and serving solely such Primary Unit. Notwithstanding the foregoing, no pipes, wires, conduits, ducts, flues, shafts, or public utility lines situated within a Primary Unit or Primary Limited Common Area appurtenant to a Primary Unit and forming part of any system serving more than one Primary Unit shall be deemed to be a part of said Primary Unit or said Primary Unit Limited Common Elements. Draft of 1-13-21 4 6. Description of the Common Elements (a) the Land and all lighting (including without limitation, wiring, conduit and switches thereto) equipment, canopies, decks, trash receptacles, benches and the like, and other fixtures on the Land which are not located in either of the Primary Unit Buildings. (b) to the extent not only connected to and/or serving only one of the Primary Unit Buildings, the domestic cold water and sewer systems (other than plumbing fixtures), including, without limitation, incoming utility service, and equipment for distribution of cold water (including pumps, valves, pressure reducers and meters); all equipment required for distributing domestic cold water to an incoming valve into each Primary Unit or Divided Primary Unit; all storm and sanitary sewer equipment (including, without limitation, vent lines, ejectors and pumps, interceptors, filters and valves) and the sewage holding tanks, and metering devices system (to the extent that any, or all, of same shall be installed or constructed); (c) all other installations which are used by more than one Primary Unit; (d) all other portions of the Property designated “Common” on the Plans. 7. Limited Common Areas Certain Units (Primary and any Divided Primary Units therein created) may have as an appurtenance thereto the exclusive right and easement to, consonant herewith and subject to the Rules and Regulations promulgated pursuant to the By-Laws, use the following (sometimes herein also referred to as the “Exclusive Use Areas” or “Limited Common Areas and Facilities” or “Limited Common Elements”), as follows: (a) The courtyard and other open areas surrounding each of Unit 1 and Unit 2 and the buildings comprising each such Unit as shown on the site plan recorded herewith (b) The parking areas as shown on the site plan recorded herewith as designated for each of Unit 1 and Unit 2 (c) All other areas as shown on the Site plans as designated for the use by either Unit 1 or Unit 2. 8. Floor Plans and Site Plan Simultaneously with the recording hereof there has been recorded a plan showing the location of the Building on the Land (the “Site Plan”), and a set of the floor plans dated ______ of the Buildings entitled “Wise Living at Yarmouth Condominium - 822 Main Street and 834 Main Street, South Yarmouth, MA” and prepared by ERT Architects, showing the layout, Draft of 1-13-21 5 location, Primary Unit numbers and dimensions of the Primary Units, stating the name of the Building or that it has no name, and bearing the verified statement of a registered architect certifying that the plans fully and accurately depict the layout, location, Unit numbers and dimensions of the Primary Units as built (the “Floor Plans”). The Site Plan consists of one (1) sheet, and the Floor Plans consist of four (4) sheets. The Site Plan and Floor Plans are collectively hereinafter referred to as the “Plans Notwithstanding any other provision of this Master Deed, the Declarant reserves the right, without the consent of any Primary Unit Owner or any further authority, to amend this Master Deed by recording revised floor plans of the Building showing the layout, location, Primary Unit numbers, and dimensions of the Primary Units, stating the name of the Building and bearing the verified statement of a registered architect, registered professional engineer or registered land surveyor certifying that the plans fully and accurately depict the layout, location, Primary Unit numbers and dimensions of the Primary Units as built, for the purpose of showing the location of various Common Elements and the boundaries of the Primary Units to the extent the same cannot be shown on the floor plans recorded herewith owing to the status of construction of the Building on the date hereof. 9. Use of Primary Units and Creation of Divided Primary Unit Condominiums (a) The Commercial Primary Unit (Unit 1) is to be used for commercial purposes and/or for such other primary, ancillary and accessory uses as from time to time permitted under the applicable Yarmouth Zoning Ordinance and decisions issued thereunder; (b) The Senor Living (Unit 2) is to be used for Senior Living purposes and/or for such other primary, accessory and ancillary uses as from time to time permitted under the applicable Yarmouth Zoning Ordinance and decisions issued thereunder Any Primary Unit Owner may create a separate condominium (a “Divided Primary Unit Condominium”) within the Primary Condominium, subdividing his Primary Unit into two or more individual units, each such unit to be a separate unit (“Individual Unit”) within the Divided Primary Unit Condominium, by subjecting his Primary Unit to another master deed (a “Divided Primary Unit Condominium Master Deed”). (A Primary Unit which creates a Divided Primary Unit Condominium as provided herein, is referred to herein as a “Divided Primary Unit”.) Use of said Individual Units shall be subject to restrictions, rules and regulations contained in or promulgated pursuant to this Master Deed and the Declaration of Trust recorded herewith, as well as to those contained in or promulgated pursuant to the Divided Primary Unit Condominium Master Deed and the Declaration of Trust recorded therewith. If this Master Deed or the Declaration of Trust recorded herewith are amended after the creation of a Divided Primary Unit Condominium, the Divided Primary Unit Condominium Master Deed and the Declaration of Trust and rules and regulations of the condominium trust of the Divided Primary Unit Condominium shall be deemed amended to the extent inconsistent with this Master Deed or the Declaration of Trust recorded herewith, as amended. No consent or approval from any other Primary Unit Owners shall be needed to create a Divided Primary Unit Condominium and to accomplish the purposes of this subparagraph and in regard to any and all other documents necessary in connection therewith (nor is any other approval or consent required in regard to the exercise of the Declarant’s reserved rights as set Draft of 1-13-21 6 forth in this Master Deed). The Primary Unit Owners shall agree, and the Divided Primary Unit Condominium Master Deed shall provide, that any and all liens on the Divided Primary Unit arising by virtue of Section 6 of the Chapter 183A or this Master Deed shall be subordinate to the Divided Primary Unit Condominium, provided, however, that in the event that any common charges or other assessments assessed against the Divided Primary Unit by the Primary Board are not paid when due, the Primary Unit Owners shall have a lien on each Individual Unit enforceable by the Primary Condominium Association, but only to the extent that the Owner of an Individual Unit has failed to pay when due any common charges or other assessments assessed, or deemed to have been assessed (as provided hereinafter), against his Individual Unit by the condominium trust of the Divided Primary Unit Condominium, which lien shall be superior to any lien on the Individual Unit arising by virtue of section 6 of the Chapter 183A or the Divided Primary Unit Condominium Master Deed. There shall be deemed to have been assessed against each Individual Unit a portion of the common charges and other assessments assessed against the Divided Primary Unit by the Primary Board equal to the product of (i) said common charges and other assessments and (ii) the percentage of interest of such Individual Unit in the common areas and facilities of the Divided Primary Unit Condominium, to the extent that all said common charges and other assessments have not been assessed against Individual Units by the condominium association of the Divided Primary Unit Condominium. The Primary Unit Owners shall also have a lien enforceable by the Primary Condominium Trust on the funds and accounts of the condominium trust of the Divided Primary Unit Condominium respecting common charges and other assessments assessed against the Divided Primary Unit by the Primary Board. In the event a Divided Primary Unit Condominium is created in phases, the Primary Unit Owners shall join in all amendments to such Divided Primary Unit Condominium Master Deed and other documents necessary in connection therewith. All mortgages on the Primary Units are subject and subordinate to the within rights of the Primary Unit Owners to create Divided Primary Unit Condominiums, and to any Divided Primary Unit Condominium Master Deed (and all amendments thereto, if a Divided Primary Unit Condominium is created in phases) and the Divided Primary Unit Condominium created thereby. The Owners and occupants of each Primary Unit shall have the right within their respective Primary Units to construct the interior portions and partitions of their Primary Units, in pursuance of the purposes permitted herein, and in connection therewith, to relocate Common Elements within their respective Primary Units, provided that any such construction or relocation (i) shall be consistent with the operation and maintenance of the respective Primary Units as a first-class facility and (ii) shall neither interfere unreasonably with the use of any other Primary Unit and rights appurtenant thereto, nor impair the structural integrity or mechanical systems of the Primary Condominium, nor unreasonably interrupt service to other parts of the Primary Condominium. After completion of construction of the interior portions of their respective Primary Units, the owners and tenants of each Primary Unit shall thereafter have the right to alter, construct and remove walls, floors and ceilings of their respective Primary Units, relocate Common Elements within their respective Primary Units and make other improvements and alterations therein, subject to the requirements of clauses (i) and (ii) above. The Owner of the Primary Units, or a commercial tenant of all or part of such a Unit, may erect, repair and replace marquees, awnings, signs and other devices, structures and displays which serve to identify the name and/or business (collectively “Signage”) of such Unit or tenant and which are reasonably in keeping with the image of the Building, All such Signage must be in compliance with all City of Boston, and other applicable Signage and Zoning requirements, in effect from time to time, Draft of 1-13-21 7 including, without limitation, obtaining all applicable approvals and permits, Except for such Signage in existence as of the date of the creation of this Condominium (or modifications of same undertaken by the Declarant), all subsequent alternations of such pre-existing Signage ad any new Signage shall, in addition to the above requirements, be subject to first obtaining written approval from the Condominium Trust. The architectural integrity of the features of any Building visible from the exterior of the Building and/or from the hallways included within the Common Elements shall, except as set forth above, be preserved without modification, and to that end no addition, structure, projection, painting, decoration or other feature shall be erected or placed upon or attached to the Common Elements, or any part thereof or the interior surface of any window so as to be visible from the exterior of the Building or from the hallways included within the Common Elements thereof, except with the prior written consent of the Board of Trustees of the Primary Condominium: provided, however, that the provisions of this subparagraph shall not restrict the right of a Divided Primary Unit Owner or any Owner of an Individual Unit within any Divided Primary Unit Condominium to decorate or improve the interior of his Individual Unit as he may desire, subject to the requirements of the this Master Deed and the Declaration of Trust recorded herewith, nor limit the rights herein reserved to the Declarant or its successors or assigns. Except as to any area set aside and designated by the Board of Trustees, smoking shall be prohibited within all Units and within the Building and grounds comprising the Condominium, including but not limited to, in the individual Units, in all Building, in and upon all balconies whether open or closed, indoor Exclusive Use Areas, within the parking garage and all Condominium grounds meaning and intending to prohibit smoking anywhere on the Property including, without limitation, the Units, Common Areas and Facilities and Limited Common Areas and Facilities. No Unit Owner shall smoke, or permit smoking by any occupant, agent, tenant, invitee, guest, friend, or family member anywhere in or upon the Property including, but not limited to, Units, Common Areas and Facilities and Limited Common Areas and Facilities. Smoking shall include the inhaling, exhaling, breathing, carrying, or possession of any lighted cigarette, cigar, pipe, other product containing any amount of tobacco, or other heated or lit product. While this restriction is intended to render the Property smoke free, the Board of Trustees is not a guarantor of a smoke-free environment hereunder. The Board of Trustees shall have the right, but not the obligation, to enforce this restriction if the Board determines, in its discretion, that it is appropriate to do so in any individual case or circumstance. If the Board of Trustees determines to take any such action, then in addition to its other rights and remedies under the constituent documents of the Condominium, at law, and in equity, the Board of Trustees shall be entitled to recover its costs and expenses, including all attorneys’ fees and court costs, incurred in enforcing this restriction. If the Board of Trustees determines, in its discretion and for any reason, not to pursue enforcement of this restriction in any individual case or circumstance, any Unit Owner may bring his or her own separate action to enforce this restriction against any other Unit Owner who violates (or whose unit occupant, agent, tenant, invitee, licensee, guest, friend, or family member violates) this provision. If a Unit Owner who brings such an action succeeds in establishing that the other Unit Owner has violated this restriction, the Unit Owner bringing such action shall be entitled to recover his or her costs and expenses, including reasonable attorneys’ fees and court costs, incurred in such action from the other Unit Owner. Draft of 1-13-21 8 No Unit Owner, occupant, agent, tenant, invitee, licensee, guest, friend, family member or other person shall be entitled to recover from the Board of Trustees any attorneys’ fees, court costs, or other costs or expenses, incurred in any action brought by, or against, the Board of Trustees under or pursuant to this restriction, including, without limitation, any action to enforce this restriction or any action for failure to enforce this restriction, regardless of whether any such Unit Owner, occupant, agent, tenant, invitee, licensee, guest, friend, family member or other person prevails in such action. No Primary Unit Owner shall cause or permit to exist in his Primary Unit, nor shall he cause or permit any occupant of his Primary Unit or invitee to cause anywhere in or about the Property, any nuisance, any offensive noise, odor or fumes or any hazard to health. 10. Amendment of Master Deed Except as otherwise provided by law, or elsewhere in this Master Deed, this Master Deed may not be amended unless the proposed amendment is approved by the vote of no less than seventy-five (75%) beneficial interest of the Primary Unit Owners, provided however there may be not amendment in anyway adversely affecting a particular Primary Unit or a particular Primary Unit appurtenant or exclusive rights unless the owner of such Unit shall join in or consent to such amendment. Notwithstanding the above, if the Declarant determines that a typographical error, misnomer, inadvertent omission or any other error has been made in this Master Deed, the Declarant, without further authority, shall have the right to correct any such error by an instrument amending the Master Deed and recorded with said Deeds, provided however that no such amendment shall materially affect any substantive right or interest of any Primary Unit Owner in his Primary Unit or the Common Elements. 11. Organization of Primary Unit Owners A Trust through which the Unit Owners will manage and regulate the Condominium has been established under the name of be the 822-834 Main Street Condominium Trust under a Declaration of Trust to be recorded herewith (hereinafter sometimes referred to as the “Trust”). All Unit Owners are cestuis que trustent (beneficiaries) of said Trust in proportion to their respective Beneficial Interests. The name and address of the original trustee thereof is as follows: Wise Living, LLC 935 Main Street Chatham, MA 02633 The trustee(s) of the Trust are hereinafter (collectively, if more than one) referred to as the “Trustees”, which term shall include their successors in trust. The terms of said Declaration of Trust have been enacted as, and comprise the By-Laws of the Trust provided for in Chapter 183A. 12. Determination of Percentage Interest in Common Elements Draft of 1-13-21 9 The Unit Owners shall have an Undivided Interest in the Common Areas and Facilities in the percentages as specified in Exhibit B. From and after the addition to the Condominium of any subsequent Building or Phase or Sub-Phase containing additional Units (the “Additional Units”) pursuant to the provisions of this Master Deed, the Beneficial Interest to which the Phase 1 Units (and Units added by way of previously recorded Phasing Amendments) is entitled shall be reduced accordingly and the Beneficial Interest to which the original Units and all additional Units subsequently included herein shall be determined upon the basis of the approximate relation that the fair value of each Unit bears to the aggregate fair value of all Units. The percentage figures so determined shall be rounded by the Declarant to the least extent, if any, necessary as determined by Declarant in its sole discretion, to obtain a 100.00 percent total for all Units. The Beneficial Interest so determined shall be set forth in the Amendment to the Master Deed by which the additional Unit or Units resulting in such change of Beneficial Interest is added to the Condominium. Each Unit Owner and mortgagee, by acceptance of a Unit Deed or mortgage, shall be deemed to have consented to the foregoing changes in percentage interests and to the rights reserved to the Declarant under this Master Deed and in the Declaration of Condominium Trust. Solely for purposes of calculating common and special assessments, said charges may be rounded to the nearest dollar but calculated using said percentage interest. Each Unit Owner may use the common areas and facilities in accordance with their intended purposes without being deemed thereby to be hindering or encroaching upon the lawful rights of the other unit owners, as provided in Section 5(d) of Chapter 183A. In addition to all provisions of Section 5(d) of Chapter 183A, the use of said common areas and facilities shall be subject to the terms and provisions of this Master Deed, the Declaration of Trust, the By- Laws and the Rules and Regulations, including the provisions herein relating to Exclusive Use Areas. 13. Encroachments If any portion of the Common Elements now encroaches upon any Primary Unit or Individual Unit, if any or if any Primary Unit or Individual Unit now encroaches upon any other Primary Unit or Individual Unit or upon any portion of the Common Elements, or if any such encroachment shall occur hereafter as a result of (a) settling of the Building, or (b) alteration or repair to the Common Elements made in accordance with this Master Deed, or (c) as a result of repair or restoration of the Building or of any Primary Units or Individual Units after damage by fire or other casualty, or (d) as a result of condemnation or eminent domain proceedings, a valid easement shall exist for such encroachment and for the maintenance of the same to the extent of and for the duration of such encroachment. 14. Common Elements Located Inside of Primary Units and exclusive use areas Each Primary Unit Owner and Individual Unit Owner, if any, shall have an easement in common with the Owners of all other Primary Units and Individual Units to use all pipes, wires, ducts, flues, cables, conduits, public utility lines and other Common Elements located in any of the other Primary Units and Individual Units and/or such Units’ appurtenant or exclusive use areas and serving his Primary Unit or Individual Unit. Each Primary Unit and Individual Unit, if Draft of 1-13-21 10 any, shall be subject to an easement in favor of the owners of all other Primary Units and Individual Units to use the pipes, wires, ducts, flues, cables, conduits, public utility lines and other Common Elements serving such other Primary Units and Individual Units and located in such Primary Unit or Individual Unit and/or such Units’ appurtenant or exclusive use areas. The Primary Board shall have a right of access to each Primary Unit and Individual Unit and/or such Units’ appurtenant or exclusive use areas to inspect the same, to remove violations therefrom and to install, maintain, repair, replace and relocate pipes, wires, ducts, flues, cables, conduits, public utility lines and other Common Elements within or accessible from such Primary Unit or Individual Unit. Where an emergency fire exit leads to a Primary Unit or Individual Unit, said Primary Unit or Individual Unit shall be subject to an access easement in favor of the Owners of the other Primary Units and Individual Units, if any, to reach the Common Elements in the event of emergency. Any installation, replacement or relocation of Common Elements within a Primary Unit or Individual Units shall be located above ceiling surfaces, below floor surfaces or within walls. Except in an emergency, any right of access to a Primary Unit or Individual Unit granted in this Section 14 shall be exercisable only after reasonable advance notice and with reason able efforts to minimize interference with use of such Primary Unit or Individual Unit. A Primary Unit or Individual Unit shall promptly be restored to its prior condition after completion of any work in the Primary Unit or Individual Unit conducted pursuant to any right of access granted in this Section 14. 15. Expansion of the Primary Condominium The Declarant and/or its successors and assigns (and unless explicated excluded from any Unit Deed, the initial grantee, and all subsequent grantees of each Primary Unit shall be deemed vested with all of the Declarant’s reserved rights as set forth in this paragraph 15 and paragraph 16 as relate to such grantee’ Primary Unit) reserve the right, within the period of twenty (20) years from the date this Master Deed is recorded, to expand the Condominium (a) to add, or phase in, additional Units (Primary and/or Individual Units), Common Elements and/or Limited Common Elements to the Land, or Building, and additional portions of Building, (b) to created (a Divided Primary Unit Condominium within any Primary Condominium, (c) to add additional parking and/or additions to existing building, (d) to add building, and/or Units, and/or Common Elements and/or Limited Common Elements on the Land, and (e) as part of, or in addition to, such reserved rights, the right to convert, or change the use designation of any Unit, or further subdivided portion thereof, from Commercial to Residential, or Residential to Commercial and to convert or change the designation of any portion of an unsold Unit and Common Elements or Limited Common Elements from Unit to Common Elements or Common Elements or Limited Common Elements to Unit. The Declarant and/or its successors and assigns reserve the right to add the Additional Land, and building and/or Units constructed thereon, but are under no obligation to do so. Each Unit Owner and Mortgagee, by acceptance of a deed, mortgage or other instrument, shall thereby irrevocably appoint the Declarant and its successors and assigns as his or its attorney-in-fact to execute, acknowledge and deliver any and all instruments necessary to add or convert such additional Units, Common Elements, Limited Common Elements, building, and/or improvements (or any portion thereof) as is contemplated by this Section 15 of this Master Deed, recognizing and acknowledging that the power thereby conferred shall be a power coupled with an interest, and each such Unit Owner, Mortgagee or other party agrees for himself, his successors and assigns to execute, acknowledge and deliver any and all instruments which may be requested at any time to confirm the power of attorney so given. Such Draft of 1-13-21 11 additional improvements may be added in portions, and there is no requirement that any, all or any particular portion be added and there are no limitations as to what portions may be added. Portions of the additional improvements may be added, at different times and in any order. The Declarant and its successors and assigns shall have the right and easement to construct, erect and install additional Units, Common Elements and Limited Common Elements as it shall determine to be appropriate or desirable, and Declarant may thereafter exclusively sell, convey, assign, lease, license, mortgage or otherwise deal with any such Units and Limited Common Elements as of the sole owner thereof, for its own account and for its sole benefit. Any later Phase expressly made subject to this Master Deed and part of the Condominium pursuant to a “Phasing Amendment” (as described below), the Declarant reserves for the benefit of itself and its successors and assigns exclusive ownership of such Building or portions of Building, as well as the right to fully construct, develop and finish same. Nothing contained in this Master Deed or in future Amendments shall be held to limit or restrict said reserved rights of Declarant for the benefit of itself and its successors and assigns. Until such time as additional Phases are added to the Condominium by the recording of “Phasing Amendments” as described herein and below, any building or portions thereof existing on the Land any other portions of the building shown on the Site Plan shall constitute an interest in real estate and be exclusively owned by, and shall be the exclusive responsibility of, the Declarant. 16. Declarant’s Reservation of Rights; Assignment of Declarant’s Rights. 16.1 As stated above and hereinafter, the Declarant also hereby reserves the right in the future to create and add Units, Common Elements, and Limited Common Elements, in any subsequent Phasing Amendment, all of which shall be the property of the Declarant until conveyed or assigned by it. Additional Units, Common Elements, and Limited Common Elements, all of which shall remain the property of the Declarant until conveyed or assigned by it. 16.2 The Declarant hereby expressly reserves both the ownership of and the right(s) to erect, install and establish (now and for twenty (20) years subsequent to the recording of this Master Deed) any and all wires, conduits and equipment of every type or nature for the provision of wired or wireless telecommunications and/or internet services, and/or the transmission of same. Such reserved rights of the Declarant shall include, without limitation, (a) the right to assign any or all of such rights to others; (b) the right to enter into agreement(s), on an exclusive or non-exclusive basis, with service providers; (c) the right to enter into leases or license agreements with service providers or other parties for the installation of transmission facilities and/or wires, conduits or equipment relating to the foregoing on any portion of the Common Elements (including, without limitation, any rooftop or wall); and (d) unless prohibited by law, the right to provide, for profit, such wired or wireless services to Condominium residents. Any payment, consideration or benefit derived from the foregoing reserved rights shall belong exclusively to the Declarant. Draft of 1-13-21 12 16.3 The Declarant, for itself and its successors and assigns, hereby reserves certain exclusive rights and easements to enter onto and into the Land and building(s) made part of this Condominium now or in the future, to complete construction of any building thereon, along with all improvements, utility liens, wires, pipes, conduits, walkways, and drainage lines to service the Units constructed thereon 16.4 The Declarant expressly reserves for itself and its successors and assigns, and shall have the right, without the further consent of any Unit Owner or Mortgagee, to amend this Master Deed so as to include in this Condominium the later Phases thereof, as set forth above (hereinafter, the “Phasing Amendment(s)”), pursuant to and in accordance with the provisions of this Section 16. With respect to said later Phases or Sub-Phases: (a) The Declarant, in such Phasing Amendment, shall have the right, in its sole discretion, to create Additional Units, as well as the right to create and designate Limited Common Elements. Upon the recording of such amendment of this Master Deed so as to include said later Phases or Sub-Phases, the Units in such Phase or Sub-Phase shall be owned by the Declarant and shall thereupon be subject to common area charges, and the Common Elements of this Condominium shall include, except as otherwise provided in said Phasing Amendment, the same elements, features, and facilities of the building and grounds which are described, defined, and referred to in this Master Deed as Common Elements. (b) Except as otherwise provided herein, if the Declarant has not so amended this Master Deed so as to include any or all of said later Phases or Sub-Phases in the Condominium within twenty (20) years after the date of recording of this Master Deed, then the foregoing reserved rights shall terminate and be of no effect with respect to the Additional Land and any such later Phases not yet created. (c) Nothing herein shall be deemed to obligate the Declarant to include or to create any later Phases or Sub-Phases. (d) Any such amendment creating a later Phase or Sub-Phase shall contain with respect to such Phase or Sub-Phase all the particulars required by Chapter 183A, as currently existing or amended. Without limitation of the foregoing, the designation of each Unit in such Phase or Sub-Phase, a statement of its location, approximate area, and the immediate common areas to which it has access and its Beneficial Interest in the Common Elements shall be set forth, respectively in the Phasing Amendment. No such amendment to this Master Deed shall be effective until it is recorded with the Registry of Deeds. (e) The Declarant further reserves the right for itself and its successors and assigns, in its sole discretion, to abandon its intention to create any later Phase or Sub-Phase of the Condominium, as set forth above, and may, in its discretion, record a statement to said effect with the Registry of Deeds. 16.5 The Declarant reserves the right for itself and its successors and assigns to construct the Units in any styles and sizes, so long as those styles and sizes do not violate applicable zoning ordinances and regulations. Draft of 1-13-21 13 16.6 In addition to all other rights of Declarant hereunder, Declarant reserves unto itself and its agents, servants, employees, independent contractors, workmen, work crews, successors and assigns the right and easement to use, occupy, and alter, for construction purposes, any and all common areas of the Condominium for all purposes necessary or desirable in order to construct, develop and complete the Condominium Units and the common areas and facilities therefor, and for all purposes necessary or desirable in order to construct improvements to the building and connect same to the Condominium. Without limiting the generality of the foregoing and in furtherance thereof, the Declarant hereby reserves unto itself and its agents, servants, employees, independent contractors, workmen, work crews, successors and assigns, the following rights under this Master Deed: the right of access, ingress, and egress over and upon the Land, Property and Building(s), and the Common Elements of the Condominium, including that deemed by the Declarant to be necessary for marketing purposes and for the work of construction, reconstruction, rehabilitation, improvement, and other work in progress or contemplated by Declarant, including construction on abutting Land whether part of the Condominium or not; the right to lay, maintain, repair and replace, construct, and install and connect (or connect with and make use of) all utilities, utility lines, poles, tanks, walls, ducts, conduits, roofs, and similar facilities to serve any or all of the Building and/or Units and the Common Elements and Building, whether part of the Condominium or not, and all conduits, ducts, plumbing, wiring, and other facilities for the furnishing of power, gas, light, master antenna, satellite antenna, cable television, water, air and all sewer and drainage pipes to serve any or all of the Building and/or Units and the Common Elements and facilities, whether part of the Condominium or not; to pass and repass over all Common Elements of the Condominium, for all purposes necessary or convenient for the development and marketing of the Land, Property, Building, including the transportation of construction materials, equipment, and personnel for the purposes of construction; to construct improvements on the Land, whether part of the Condominium or not, and to engage in all activities necessary or appropriate to accomplish the same, including without limitation the exclusive right to grant to others including any public utility or authority, easements for the installation and maintenance of utilities; to store construction materials, equipment, and supplies in those portions of the Common Elements not subject to rights of exclusive use appurtenant to any Unit; to restrict (for periods of not more than eight (8) hours at any time during any day) the use by Units Owners of common areas and facilities to facilitate construction or for purposes of safety (provided, of course, no Unit Owner shall be denied at least one means of access to his or her Unit during such periods of restriction); to leave debris resulting from construction in the Common Elements and facilities, provided the same do not endanger safety; to reasonably interrupt for brief intervals of time, water, gas, electric, and other utilities and service provided by such utility lines, pipes, tanks, wells, wires, cables, conduits, and septic and drainage lines in order to facilitate construction or in order to facilitate the installation of appliances or fixtures in the s, Units or Common Elements and facilities, whether part of the Condominium or not, under construction, without liability for such interruption of service, provided however that the Declarant shall use reasonable efforts to minimize any such interruption of service; to park vehicles used in connection with the construction work or incident thereto in unassigned Parking Spaces; and, in general, the right to do all things necessary or desirable in order to construct and complete the Building and/or Units and the Common Elements in connection therewith and to construct and complete Building(s) and Units, whether part of the Condominium or not. Declarant further reserves the right to use any Unit owned by the Declarant for storage or as a Draft of 1-13-21 14 model, for display, as an office, for purposes of facilitating sales or leasing of Units in the Condominium. 16.7 The rights and easements reserved by the Declarant in this Section 16 shall be in addition to and not in limitation of, the rights and easements reserved by the Declarant in other sections of this Master Deed, or in any prior-recorded instrument. 16.8 The rights and easements reserved by the Declarant for itself and its successors and assigns in this Master Deed shall survive the sale of all of the Units initially established, or thereafter established by Future Phases or Sub-Phases by the Declarant, and are to be deemed to be assignable and transferable, in full or in part. 16.9 Each Condominium Trustee, as well as each Owner and Mortgagee of a Unit within the Condominium, by the acceptance and recordation of a deed or mortgage to a Unit shall thereby have consented to any such Phasing Amendment(s) to the Master Deed (and corresponding modification of Beneficial Interests in the Common Elements) and/or the granting or exercise of any right or easement described in this Master Deed without the necessity of securing any further consent or execution of any further documents by such Trustee, Unit Owner or Mortgagee, and hereby appoint Declarant as his, her or its attorney-in-fact to execute, acknowledge and deliver any and all instruments necessary or appropriate to grant to exercise any such Phasing Amendment, right or easement described in this Master Deed, or to effect any such right herein reserved, which power of attorney is deemed to be running with the land, binding upon heirs, successors and assigns, durable, irrevocable and coupled with an interest. Each Owner and Mortgagee, by acceptance and recordation of a deed or mortgage, shall thereby be deemed to have further consented to any governmental permit, approval or zoning relief sought by the Declarant in connection with the development and construction of the Condominium and/or such other development and/or construction proposed by Declarant or Declarant’s affiliates, successors and/or assigns with respect to the Land, and no such Owner or mortgagee shall object in any way to any such governmental permit, approval or zoning relief sought by the Declarant. At the request of the Declarant, the Trustees and all Owners shall join in any application for such governmental permit, approval or zoning relief, provided Declarant shall bear any costs therefor. 16.10 The Declarant, by deed or by separate assignment, shall be entitled to assign, sell, grant or mortgage, any and all of its interests, rights and easements owned by it or reserved herein and in the Trust and By-Laws, at any time, and from time to time, to any mortgage holder, person, trust, firm, or entity as may be determined by Declarant (and unless explicated excluded from any Unit Deed, the initial grantee, and all subsequent grantees of each Primary Unit shall be deemed vested with all of the Declarant’s reserved rights as set forth in this paragraph 16 and paragraph 15 as relate to such grantee’ Primary Unit). Each Trustee, as well as each Owner and Mortgagee of a Unit by acceptance and recordation of a deed or mortgage, shall be deemed to have thereby consented to any such assignment, sale, grant or mortgaging of the Declarant’s said interests, rights and easements without the necessity of securing any further consent or execution of any further documents by such Trustee, Owner or Mortgagee, and does hereby appoint the Declarant as attorney-in-fact to execute, acknowledge and deliver any and all instruments necessary or appropriate to grant or exercise such assignment, sale, grant or mortgaging, which power of attorney is deemed to be running with the land, binding upon heirs, successors and Draft of 1-13-21 15 assigns, durable, irrevocable, and coupled with an interest. The Trustees and Owners, at Declarant’s request, shall execute whatever confirmatory instruments which Declarant deems appropriate or necessary in order to perfect, carry out, or effectuate the rights and easements reserved by the Declarant in this Master Deed and in the Condominium Trust. 17. Primary Units Subject to Master Deed, Unit Deed, By-Laws and Rules and Regulations All present and future owners, tenants, visitors, servants and occupants of any Primary Units shall be subject to, and shall comply with, the provisions of this Master Deed, the deeds of such Primary Units and Individual Units, the Declaration of Trust and Rules and Regulations of the Primary Condominium Association, as they may from time to time be amended (collectively herein referred to as the “Documents”). The acceptance of a deed or the entering into occupancy of any Primary Unit or Individual Unit shall constitute an agreement that (a) the provisions of the Documents are accepted and ratified by such owner, tenant, visitor, servant or occupant, and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time an interest or estate in such Primary Unit or Individual Unit, as though such provisions were recited and stipulated at length in each and every deed or lease thereof, and (b) a violation of the provisions of the Documents by any such person shall be deemed a substantial violation of the duties of the respective Primary Unit or individual Owner. 18. Right of First Refusal Except for any sales by the Declarant, no Unit Owner shall sell all or any portion of or any interest in any Unit, unless (a) the Unit Owner has received a bona fide offer to purchase the same; (b) the Unit Owner has given the other Unit Owners (which term shall in this provision include Declarant, or its designated assignee, if an Owner of any Unit, or still retains the right to still add a Unit to the Condominium) written notice (which shall be deemed to be duly given when mailed by registered mail) addressed to the Colonial Cove Condominiums address of the other Unit Owners (and in the case the Declarant to its above address, or to such other address or addresses as the Declarant shall provide in any amendment to this Master Deed), stating the name and address of the offeror and the terms and conditions of said bona fide offer and the encumbrances subject to which the Unit, or any part thereof, are to be conveyed and containing an offer by the Unit Owner to sell the Unit to other Unit Owners on the same terms and conditions as said bona fide offer; and (c) the other Unit Owners has not within ten (10) business days after the giving of such notice, mailed or otherwise given the selling Unit Owner written notice that such other Unit Owner elects to purchase the same in accordance with said offer. In the event another Unit Owner elects to purchase, the Unit shall be conveyed by a good and sufficient Quitclaim Deed conveying a good and clear record and marketable title thereto, free from all encumbrances except as stated in said bona fide offer and such deed shall be delivered and the consideration paid at the Barnstable Registry of Deeds on or before the date specified in the bona fide offer. In the event that the other Unit Owner shall, after giving such notice, fail to complete such purchase as hereinabove provided, then the selling Unit Owner shall be free thereafter to sell and convey the Unit or such part thereof covered by the offer to the offeror named in the selling Unit Owner's notice at a price not lower than that specified therein, but the selling Unit Owner shall not sell or convey the Unit or any part thereof to any other person or at any lower price without again offering the same to the other Unit Owners. If the selling Unit Draft of 1-13-21 16 Owner shall make and record with Barnstable Registry of Deeds an affidavit stating that (1) a certain conveyance by them is made pursuant to a bona fide offer to purchase; (2) they have given notice to the other Unit Owners in connection with such conveyance as required by the provisions of this paragraph; (3) they have not received written notice of election to purchase given by the other Unit Owners in accordance with the provisions of this paragraph or that the other Unit Owners who has given notice of election to purchase has failed to complete the same in accordance with said provisions, as the case may be; and (4) such conveyance is made to the person named in such notice at a price not lower than that therein stated; then such affidavit shall be conclusive evidence of compliance with the requirements of this paragraph with respect to such conveyance in favor of the grantee therein and all persons claiming by, through or under such Grantee. The provisions hereof shall not be construed to apply to bona fide mortgages to recognized lending institutions of any Unit, or any part thereof, or to sales or other proceedings for the foreclosure (or deed in lieu of foreclosure) thereof; or to easements to any municipality or utility company required for the installation and/or maintenance of drainage, sewage, electric, gas, water and electric lines and appurtenance to and from the premises. 19. Invalidity The invalidity of any provision of this Master Deed shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Master Deed and, in such event, all of the other provisions of this Master Deed shall continue in full force and effect as if such invalid provisions had never been included herein. 20. Waiver No provision contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violation or breaches, which may occur. 21. Captions: Context The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Master Deed nor the intent of any provision hereof. 22. Conflicts This Master Deed is set forth to comply with the requirements of the Chapter 183A. In case any of the provisions stated above conflict with the requirements of the Chapter 183A, the provisions of the Chapter 183A shall control. [Signatures appears on the following page.] Draft of 1-13-21 17 EXECUTED as a sealed instrument as of the _________day of ____________, 2021. MacLyn LLC By:____________________________ Thomas MacCormick, its Manager Draft of 1-13-21 18 COMMONWEALTH OF MASSACHUSETTS ________ County, ss. On this ___ day of _________________, 2021, before me, the undersigned notary public, personally appeared the above-named Thomas MacCormick, proved to me through satisfactory evidence of identification, being (check whichever applies): __ driver’s license or other state or federal governmental document bearing a photographic image, __ oath or affirmation of a credible witness known to me who knows the above signatory, or __ my own personal knowledge of the identity of the signatory, to be the person whose name is signed above, and acknowledged the foregoing to be signed by him/her voluntarily for its stated purpose, as the duly-authorized Manager of MacLyn LLC. _________________________________________ (Print Name of Notary Public):______________________ My Commission Expires:_________________________ Qualified in the Commonwealth of Massachusetts Draft of 1-13-21 19 Exhibit A (legal description) Draft of 1-13-21 20 Exhibit A-1 (Easements & encumbrances) 1. 2. 3. Draft of 1-13-21 21 Exhibit B (percentage interests) Unit 1 is located in, and fully comprises the building located at 834 main Street and includes a total of 4.494 square feet. Unit I has immediate access to the common area and its appurtenant exterior exclusive use areas. The owner of the Unit 1 shall be entitled to an undivided 5% interest in the common areas and facilities of the Condominium. Unit 2 is located in, and fully comprises the building located at 822 main Street and includes a total of 107,402 square feet. Unit 2 has immediate access to the common area and its appurtenant exterior exclusive use areas. The owner of the Unit 2 shall be entitled to an undivided 95% interest in the common areas and facilities of the Condominium.