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Home My WebLink About121 Camp St Mill Pond Village Amendment Number 9 to Master Deed 35229-15Bk 35229 Pg15 #34029 07-05-2022 @ 10:06a MILL POND VILLAGE CONDOMINIUM AMENDMENT NUMBER 9 TO MASTER DEED This 9th Amendment to the Master Deed of the MILL POND VILLAGE CONDOMINIUM, as amended and restated, is made the day of 2022. RECITALS WHEREAS, The MILL POND VILLAGE CONDOMINIUM ("Condominium's was established by Master Deed dated March 17, 2005 and recorded with the Barnstable Registry of Deeds (the "Registry') in Book 19633, Page 1, as amended by Amendment No. i recorded with the Registry in Boole 19971, Page 256, as amended by Amendment No. 2 recorded with the Registry in Book 20394, Page 160, as amended by Amendment No. 3 recorded with the Registry in Book 20820, Page I, as amended by Amendment No. 4 recorded with the Registry in Book 20971, Page 14, as amended by Amendment No. 5 recorded with the Registry in Book 21231, Page 126, as amended by Amendment No. 6 recorded with the Registry in Book 21703, Page 232, as amended by Amendment No.7 recorded with the Registry in Book 22464, Page 112, and as amended by Amendment No 8 recorded with the Registry in Book 23834, Page 122 (as so amended to date, the "Master Deed"); WHEREAS, the Master Deed established the MILL POND VILLAGE CONDOMINIUM TRUST by Declaration of Trust dated March 17, 2005 and recorded with the Registry in Book 19632, Page 254 as amended by Amendment No. 1 recorded with the Registry in Book 22464, Page 110 (as amended to date, the "Trust"); WHEREAS, the original Declarant under the Master Deed was The Villages at Camp Street, LLC ("The Villages"); WHEREAS, The Villages' entire interest in the Condominium, including but not limited to any and all development rights under the Master Deed, was lost pursuant to a foreclosure by the Massachusetts Housing Finance Agency ("MHFA") and by virtue of a certain Foreclosure Deed from MHFA to Mill Pond Realty holding, LLC ("Holding") dated July 22, 2009 and recorded with the Barnstable County Registry of Deeds in Book 23075, Page 186; WHEREAS, the development rights under the Master Deed, including but not limited to the right to add additional units to the Condominium, expired; Bk 35229 Pg16 #34029 WHEREAS, as a result of the foregoing, all of the Land (as described in the Master Deed) that has not been developed as contemplated in the Master Deed is under the control of the Trust, on behalf of all of the Unit Owners; WHEREAS, the Trust and the Unit Owners desire to create new development rights to allow for the completion of the development of the Condominium by adding additional units and related buildings and infrastructure; WHEREAS, the Trust has reached agreement with New Acquisition MPV, LLC ("NEW LLC") to develop the uncompleted portion of the Condominium; WI3EREAS, the Trust, the Unit Owners and NEW LLC desire that the Master Deed be amended to allow for the completion of the development of the Condominium by adding additional units and related buildings and infrastructure; WHEREAS, the Unit Owners of the Condominium (including the Declarant) entitled in the aggregate to 67% or more of the undivided beneficial interest in the common areas and facilities have duly consented to amend the Master Deed for that purpose, as required by Section 18 D and 181 of the Master Deed; WHEREAS, consents of 51% of all Mortgagees holding first mortgages on units within the condominium who have given notice of their desire to be notified as provided in M.G.L. c.183A, Section 4(5) have been obtained; and we do hereby certify that no first Mortgagees have requested notification in accordance with M.G.L. e. 183A, Section 4(5); NOW THEREFORE, in their capacity as the Trustees of the Condominium, and as attorneys -in -fact for the Unit Owners and the aforementioned consenting mortgagees, acting pursuant to the authority of their office as Trustees under M.G.L. c. 183A, Section 5(b)(2)(iii) and pursuant to Section 17(b)) of the Master Deed, the Trustees hereby amend the Master Deed, as follows: 2 Bk 35229 Pg17 #34029 A. Section 2 — OrgMization of Unit Owners - is amended to state that the following individuals are the current Trustees of the Trust: Heidi C. Archibald, Peter D, Clarke, Ronald P. Bargio, Linda M. Coven, and Christopher R. Laudani. B. Section 6 - Description of the Common Areas and Facilities at the end of Section 6, on page 8 of the Master Deed, where the final paragraph beginning with the words "Notwithstanding the foregoing, the Common Elements shall consist of the following:" are followed by a section (i) and a section (ii), the word "Declarant" in said sections 0) and (ii) shall mean New MPV Acquisition, LLC, with a principal place of business located at 82 Meadowbrook Road, Mashpee, MA 02649. C. Section 13 — Ri is Reserved to the Declarant — is amended to state that any and all references in Section 13 to "Declarant" shall mean New MPV Acquisition, LLC, with a principal place of business located at 82 Meadowbrook Road, Mashpee, MA 02649. D. Section 13 —Rights Reserved to the Declarant —is further amended as follows: Section 13.7 (c) is deleted in its entirety and is replaced with the following; "Except otherwise as 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 and so as to add at least thirty eight (38) Units to the Condominium within eight (8) years after the recording with the Barnstable County Registry of Deeds of a Modification to the Comprehensive Permit (or a new Comprehensive Permit) and/or a Variance from the Town of Yarmouth Zoning Board of Appeals allowing the development of all of the Units contemplated in this Master Deed (the "Comprehensive Permit Modification Recording'J, and so as to add the final thirty eight (38) Units within fifteen (15) years after the Comprehensive Permit Modification Recording, then the foregoing reserved rights shall terminate and be of no effect with respect to any such later Phases or Sub- Phases not yet created. The foregoing reserved rights shall also terminate and be of no effect with respect to any such later Phases or Sub -Phases not yet created upon the recording with the Barnstable Registry of Deeds of a release of such rights signed by New MPV Acquisition, LLC or of an order or judgment of a court of competent jurisdiction terminating such rights." E. Section 17 — Amendment of Master Deed_— is amended to state that any and all references in Section 17 to "Declarant" shall mean New MPV Acquisition, LLC, 3 Bk 35229 Pg18 #34029 with a principal place of business located at 82 Meadowbrook Road, Mashpee, MA 02649. Except as specifically amended hereby, the Master Deed is repeated and restated as if set forth herein in its entirety. Any provisions not specifically amended shall be construed so as to be consistent with and to effectuate the purpose of this Amendment. IN WITNESS WHEREOF, we the undersigned, being the duly elected Trustees of the MILL POND VILLAGE CONDOMINIUM TRUST, hereby certify that the foregoing Ninth Amendment to Master Deed: 1) Has been duly consented to in accordance with Massachusetts General Laws Chapter 183A, Section 5(b) and Section 17 of the Master Deed, as amended and restated; and 2) Has been consented to by the requisite number of Unit Owners and that the respective consents were ratified and confirmed on the following dates: SIGNATURES ON THE FOLLOWING PAGE 4 Bk 35229 Pg19 #34029 Executed as a sealed instrument this day of 2022. The Trustees of the Mill 7Archibald, Ronald P. Borgia, Trustee I ~ Lind v ,Trustee ChnstVO R. La ani, rustce COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this L day of Z—_ 14 , 2022, before me, the undersigned notary public, personally appeared K6& C . Arc -. jQ3PA and proved to me through satisfactory evidence of identification, being (check whichever applies): ❑ Driver's license or other state or federal governmental document bearing a photograph image; ❑ Oath or affirmation of a credible witness known to me who knows the above signatory, or`�[y own personal knowledge of the identity of the signatory, to be the person whose name is listed -above, and acknowledges to meat he/she signe the foregoing instrument as his/her free act and deed and voluntarily for its state4 pugpose. / iNoraryruonc �, ANDREWJ. WITTER My Commission Expires: Notary Public COIMMONWEALTHOF MASSACHUSErrS COMMONWEALTH OF MASSACHUSETTS My Commission Exppres on June01, 2oZ3 Barnstable, ss. On this _Lj day of , 2022, before me, the undersigned notary public, personally appeared 1�PL,-,f —0 C%0r_r C and proved to me through satisfactory evidence of identification, being {check whichever applies] Driver's license or other state or federal governmental document bearing a photograph image; ❑ Oath or affirmation of a credible witness known to me who knows the above signatory, or ivly own personal knowledge 94 the identi of the signatory, to be the person whose name is listed above, and acknowledges tom th�y4 he/sh si tr foregoing instrument as his/her free act and deed and voluntarily for its stat p 44F- P A f A Notary Public My Commission Expires: ET)COMOAW NDREWJ.WETTER Notary Public ONWEALTN OF MASS CHUSETTS$commJssJon Expires on Juno Q l . 202 Bk 35229 Pg20 #34029 COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. )n this iT day 4i S21t , 2022, before me, the undersigned notary public, personally appeared O'DAo� q� i and proved to me through satisfactory evidence of identification, being {check whichever alias): Driver's license or other state or federal governmental document bearing a photograph image; ❑ Oath or affirmation of credible witness known to me who knows the above signatory, orMy own personal knowledg a the identity of the signatory, to be the person whose name is lists above, and acknowledges to meph he/she ign foregoing instrument as his/her free act and deed and voluntarily far its stated p . Notary Publi COMMONWEALTH OF MASSACHUSETTS �orrimiss o� £xP feS On S Barnstable, ss. JUne01.2023 On this _-Lday of 7 Y P-2 , 2022, before me, the undersigned notary public, personally appeared Cet eQ _ and proved to me through satisfactory evidence of identification, being (check whichever applies) Driver's license or other state or federal governmental document bearing a photograph image; ❑ Oath or affirmation of credible witness known to me who knows the above signatory, ory own personal knowledge o %t e identity of thf signatory, to be the person whose name is listed above, and acknowledges to me t he/she f Tcgoing instrument as his/her free act and deed and voluntarily for its stated rnoge Nota u i My Commission Expires: C�, AND REW J. WITTER Notary Public QP COMMONWEALTH OF MASSACHUSETTS My Commission Expires on COMMONWEALTH OF MASSACHUSETTS June01.2023 Barnstable, ss, On this Z-1day of - , 2022, before me, the undersigned notary public, personally appeared Q, u.�_ and Proved to me through satisfactory evidence of identification, being (check whichever applies): ❑ Driver's license or other state or federal governmental document bearing a photograph image; ❑Oath or affirmation a credible witness known to me who knows the above signatory, or y own personal knowledge the iden .ty of the signatory, to he the person whose name is li ed above, and acknowledges to t he/sh i ed a foregoing instrument as his/her free act and deed and voluntarily for its stal se. N ry Pu lie My Commission Expires: ANDREW J. WITTER Notary Public COMMONWEALTH OF MASSACHUSETTS My COMMinsion Expires on June 01. 2023 JOHN F. MEADE, REGISTER BARNSTABLE COUNTY REGISTRY OF DEEDS RECEIVED & RECORDED ELECTRONICALLY