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HomeMy WebLinkAbout5031 212 Mid Tech Dr Master Deed REDLINED 09.01.23 2 (including office space) as well as other legal uses permitted under the Town of Yarmouth Zoning By-Laws. The units will be located in one (1) building. With the recording of this Master Deed, the Declarant does hereby submit the land shown as Lots 37, 38 & 39 on Land Court Plan 37737-D (Sheet 1) together with the building and improvements being designated: Units 1 through 11 all as shown on the site plan of the Condominium recorded herewith, are in accordance with the provisions of Chapter 183A of the General Laws of Massachusetts as may be amended from time to time, subject to the Rights Reserved by Declarant as set forth in this Master Deed. 3. Description of Land: The premises which constitute the Condominium consists of the land, with a single building situated in the Town of Yarmouth, Barnstable County, Massachusetts, and described in Exhibit “A”, annexed hereto and made a part hereof. Set forth in Exhibit C of this Master Deed are the percentages of the undivided interest of the unit owners in the common areas and facilities of the Condominium. There is also set forth in said Exhibit A the method of computing the percentage interest of the units. By acceptance of a deed or mortgage conveying an interest in this Condominium, the person or persons, firm or corporation accepting said instrument thereby accepts the terms and provisions of this Master Deed and gives irrevocable assent to the alteration of the percentage and common ownership conformably to the terms set forth herein but not otherwise and to the corresponding alteration of beneficial interest in the Organization of Unit Owners. Since the entire area of land described in Paragraph 3 hereof is hereby dedicated to the Condominium regime, Declarant specifically retains the right to use the land which comprises a part of the common area of the Condominium in connection with construction work on the building and appurtenances and without limiting the generality of the foregoing specifically reserves easements in, over and upon said land for the construction, maintenance and operations of all necessary or desirable utilities, buildings, paved areas and all other elements of said future phase of this Condominium. Further, Declarant reserves to itself, its successors, and assigns the right to grant rights of way over all ways, drives and like areas of passage constructed or to be constructed in connection with said Condominium, said rights of way to be for all purposes for which ways are now and may hereafter be used in the Town of Yarmouth including the right to grant all easements for the installation of electricity and like utilities. 3 4. Description of the Building: When fully constructed, the building will consist of a single story, of wood and metal frame construction with an asphalt shingle roof and concrete slab containing eleven (11) units, designated as Units No. 1 through 11. 5. Designation of Units and Their Boundaries: The Condominium Units (hereinafter referred to as “the Units”) and the designations, locations, approximate areas, immediately accessible common areas, and other descriptive specifications thereof are as set forth in Exhibit “B”, annexed hereto. The boundaries of the Units with respect to floors, ceilings and the walls, doors and windows thereof are as follows: (1) Floors: The unfinished upper surface of the concrete floor or slab. (2) Ceilings: The lower surface of the roof rafters. (3) Interior: Building walls between units: The planes of the interior surface of the wall studs facing each unit. (4) Exterior: Building walls, doors and windows: as to the walls, the plan of the interior surface of the wall studs or in the case of a concrete wall, the interior surface of the concrete wall; as to the doors, the unfinished exterior surface of the doors; as to the windows, the exterior surface of the glass and the unfinished exterior surface of the window frames. Each Unit is subject to and has the benefit of an easement of encroachment in the event that said Unit encroaches upon any other Unit or upon any portion of the Common Areas and Facilities or in the event that any other Unit or the Common Areas and Facilities encroach upon said Unit, as a result of the construction of the buildings of which said Unit is a part, or as a 4 result of the settling or shifting of said building to the extent of said encroachment. Each Unit is subject to an easement for the benefit of the other Units to use the pipes, wires, ducts, flues, conduits, cables, public utility lines and other Common Elements located in other units and serving his or her unit. Each Unit Owner shall be responsible for the upkeep, maintenance and repair of his/her unit, subject to such rules and regulations as may be adopted by the Condominium Trustees. 6. Common Areas and Facilities: The Common Areas and Facilities of the Condominium (sometimes also referred to herein as the “Common Elements”) consist of the entire Premises exclusive of the Units, and exclusive of any and all rights, interests and/or easements reserved by the Declarant, in the Common Areas and Facilities and excluding those portions of any Building which constitutes a Unit as hereinbefore described and include, without limitation, the following: (a) Such areas and items listed as such in Section 1 of said Chapter 183A and all areas and facilities of the Condominium which do not constitute a Unit of the Condominium, as defined herein, subject to exclusive use areas, if any, appurtenant to a unit or units as hereinafter defined. (b) The land on which each unit is erected, subject to exclusive use areas, if any appurtenant to some Units, as hereafter defined. (c) All conduits, ducts, pipes, plumbing, wiring, flues and other facilities for the furnishing of utility services including but not limited to power, light, telephone, water and cable which are contained in portions of the building contributing to the structure or support thereof, and all such facilities contained within any Unit which serve parts of the Condominium other than the Unit within which such facilities are contained. 5 (d) All walks, lawns, fences, railings, steps, lighting fixtures, plants, parking areas and other improved or unimproved areas not within the Units, subject to exclusive use areas as hereafter defined. (e) All drainage pipes and waste disposal pipes, pumping stations, if any, and other components of the “Sewage Disposal System”; and (f) All other apparatus and installation in the buildings intended for common use or necessary or convenient to the existence, maintenance or safety of the buildings. The Owners of each Unit in the Condominium shall be entitled to an undivided interest in the Common Areas and Facilities in the percentages specified in Exhibit “C”. The Common Areas and Facilities shall be subject to the bylaws of Mid-Tech Drive Industrial Condominium Trust (“Condominium Trust” hereinafter), and to rules and regulations promulgated pursuant thereto with respect to the use thereof, assignments of certain such facilities to particular Unit owners (as, for example, parking space), and payments, if any, required thereof. Said Condominium Trust is enacting By-Laws pursuant to G.L.c 183A and shall have as its principal address of 231 Willow Street Yarmouth Port, Massachusetts 02675. Plans: A site plan prepared by Baxter Nye Engineering & Surveying showing the premises which constitute Mid-Tech Drive Industrial Condominium, dated __________________, (as revised) entitled: “Site Plan” of ___________________________ prepared for JDB 212 Mid-Tech Drive, LLC is recorded herewith. Floor plans of the buildings showing the layout, location, Unit numbers, and dimensions of Units, and bearing the verified statement of a registered architect, engineer or land surveyor, certifying that the plans fully and accurately depict the same, drawn by _______________________________ are also recorded herewith. 7. Use: The Building, Units and the Common Areas and Facilities shall be used as contractor bays, storage, warehouse use all which could include office space and other legal uses 6 authorized by and in a manner that is consistent with the Zoning By-Laws for the Town of Yarmouth. Each separate unit will be required to obtain a Certificate of Occupancy from the Town of Yarmouth. Any change of use of, or change of ownership of, a unit shall require the issuance of a new Certificate of Occupancy. 8. Exclusive Use Areas: The owners of units may have appurtenant to their unit the exclusive right and easement, exercisable subject to and in accordance with the Master Deed, the By-Laws and the rules and regulations promulgated pursuant thereto, to the occupancy, use and possession of areas designated “exclusive use areas” if any as shown on the site plan and/or building plan recorded herewith. The rights of the Unit Owner entitled to use and occupy an “exclusive use area” is specifically subject to the rights of: (a) the Trustees, Management Company, if any, and their agents, employees and assigns in the exercise of their responsibilities; and (b) the rights of public or municipal utility companies to enter upon said exclusive use areas to install, repair and replace utility installations or other Common Elements. (c) Such exclusive use areas, if any, shall be maintained in a good and safe condition at the sole expense of the owners of the units to which such areas are appurtenant. Each unit will be assigned One (1) parking spaces for exclusive use of the unit. (d) Each unit will have the exclusive use of a fenced area located directly behind the unit containing a concrete pad. 9. Restrictions on Use: The Buildings, Units and the Common Areas and Facilities shall be used for those uses set out in Paragraphs 2 and 9 hereof including any other legal use authorized by and in a manner that is consistent with the Zoning By-Laws for the Town of Yarmouth or any permit issued pursuant thereto. (a) No Unit shall be used for any purposes other than a purpose permitted under Section 9; (b) The architectural integrity of the buildings and the Units shall be preserved without modification and, to that end, without limiting the generality of the 7 foregoing, no deck or porch enclosure, awning, screen, antenna, sign, banner or other device, and no exterior change, addition, structure, projection, decoration or other feature shall be erected or placed upon or attached to any such Unit or any part thereof, no addition to or change or replacement of any exterior light, door knocker or other exterior hardware shall be made, and no painting, attaching of decalcomania or other decoration shall be done on any exterior part or surface of any Unit nor on the interior surface of any window, without the written consent of a majority of the Trustees of the Condominium Trust, but this subparagraph shall not restrict the rights of Unit Owners to decorate the interiors of their Units as they may desire; (c) No Unit shall be used or maintained in a manner contrary to or inconsistent with the By-Laws of the Condominium Trust; (d) No additional buildings or sheds shall be placed or constructed on the Condominium Common Areas. Said restrictions shall be for the benefit of the Owners of all of the Units and the Trustees of the Condominium Trust as managers of the Common Areas and Facilities, shall be enforceable solely by said Trustees, and shall, insofar as permitted by law, be perpetual and, to that end, may be extended by said Trustees at such time or times and in such manner as permitted or required by law for the continued enforceability thereof. No Unit Owner shall be liable for any breach of the provisions of this paragraph except such as occur during his or her ownership thereof. 10. Amendments: Except as otherwise specifically provided herein this Master Deed may be amended by an instrument in writing (a) signed by the Owners of Units entitled to seventy (70%) percent or more of the undivided interests in the Common Areas and Facilities, (b) signed and acknowledged by a majority of the Trustees of the Condominium Trust, and (c) duly recorded with the Barnstable County Registry of Deeds, provided, however that: (a) The date on which any such instrument is first signed by a Unit Owner shall be indicated thereon as the date thereof and no such instrument shall be of any force or effect unless the same has been so recorded within six (6) months after such date; 8 (b) No instrument of amendment which alters the dimensions of any Unit shall be of any force or effect unless the same has been signed by the Owners of the Unit so altered; (c) No instrument of amendment which alters the percentage of the undivided interest to which any Unit is entitled in the Common Areas and Facilities shall be of any force or; (d) No instrument of amendment affecting the percentage of interest of any Unit subject to a first mortgage of record thereon held by a bank, credit union, insurance company, or other institutional lender, or a purchase money second mortgage held by the Declarant or his heirs or assigns shall be of any force or effect unless the same has been assented to by such holder, which assent shall not be unreasonably withheld; (f) No instrument of amendment which alters this Master Deed in any manner which would render it contrary to or inconsistent with any requirements or provisions of said Chapter 183A of the General Laws of Massachusetts shall be of any force or effect. (g) No instrument of amendment which alters Paragraph 9 shall be of any force or effect unless signed by all Unit Owners; and 11. Provisions for the Protection of Mortgagees: Notwithstanding anything in this Master Deed or in the By-Laws of Mid-Tech Drive Industrial Condominium Trust (“Condominium Trust” hereafter) to the contrary, and in any event subject to any greater requirements pursuant to M.G.L. c. 183A, the following provisions shall apply for the protection of the holders of the first mortgages (hereinafter “First Mortgagees”) of record with respect to the Units and shall be enforceable by any First Mortgagee: (a) No Right of First Refusal in connection with the sale of a Unit shall impair the rights of a First Mortgagee to: 9 (i) foreclose or take title to a Unit pursuant to the remedies provided in its mortgage; or (ii) accept a deed (or assignment) in lieu of foreclosure in the event of a default by a mortgagor; or (iii) sell or lease a Unit acquired by the First Mortgagee through the procedures described in subparagraphs (i) and (ii) above. (b) Any party who takes title to a Unit through a foreclosure sale duly conducted by a First Mortgagee shall be exempt from any such Right of First Refusal adopted by the Unit Owners and incorporated in this Master Deed or the Condominium Trust By-Laws. (c) Any First Mortgagee who obtains title to a Unit by foreclosure or pursuant to any other remedies provided in its mortgage or by law shall not be liable for such Unit's unpaid common expenses or dues which accrued prior to the acquisition of title to such Unit by such First Mortgagee, except as set forth in Chapter 183A. (d) The Unit Owners and the Condominium Trust shall not be entitled to take the following actions unless the First Mortgagees with respect to all of the Units have given their prior written consent thereto; (i) by any act or omissions, seek to abandon or terminate the Condominium, except in the event of substantial destruction of the Condominium by fire or other casualty or in the case of taking by condemnation or eminent domain; or (ii) change the pro rata interest or obligations of any individual Unit for the purpose of: (a) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards; or (b) 10 determining the pro rata share of ownership of each Unit in the Common Areas and Facilities; or (iii) by any act or omission seek to abandon, partition, subdivide, encumber, sell or transfer the Common Areas and Facilities, provided that the granting of easements for public purposes consistent with the intended use of the Common Areas and Facilities shall not be deemed an action for which prior consent of the First Mortgagees shall be required pursuant to this clause; or (iv) use hazard insurance proceeds on account of losses to either the Units or the Common Areas or reconstruction thereof, except as otherwise provided in Article V of the By-Laws of the Condominium Trust which contains provisions dealing with substantial losses in conformity with the requirements of Section 17 of Chapter 183A. (e) Consistent with the provisions of Chapter 183A, all taxes, assessments, and charges which may become liens prior to a first mortgage under the laws of the Commonwealth of Massachusetts shall relate only to the individual Units and not to the Condominium as a whole. (f) In no event shall any provision of this Master Deed or Mid-Tech Drive Industrial Condominium Trust By-Laws give a Unit Owner or any other party priority over any rights of a First Mortgagee pursuant to its mortgage in the case of a distribution to such Unit Owner of insurance proceeds or condemnation awards for losses to or a taking of such Unit and/or the Common Areas and Facilities. (g) A First Mortgagee, upon written request made to the Condominium Trust shall be entitled to: 11 (i) written notification from the Condominium Trust of any default by its borrower who is an Owner of a Unit with respect to any obligation of such borrower under this Master Deed or the provisions of the Condominium By-Laws which is not cured within sixty (60) days; (ii) inspect all books and records of the Condominium Trust at all reasonable times; (iii) receive an annual financial statement of Mid-Tech Drive Industrial Condominium within ninety (90) days following the end of any fiscal year of the Condominium Trust; (iv) receive written notice of all meetings of Mid-Tech Drive Industrial Condominium Trust and be permitted to designate a representative to attend all such meetings; and (v) receive prompt written notification from Mid-Tech Drive Industrial Condominium of any damage by fire or other casualty to the Unit upon which there is a First Mortgage or any proposed taking by condemnation or eminent domain of said Unit or the Common Areas and Facilities. (h) No agreement for professional management of the Condominium or any other contract with the Declarant may exceed a term of five (5) years, and any such agreement shall provide for termination by either party without cause and without payment of a termination fee on Ninety (90) days' or less written notice. The provisions of this paragraph may not be amended or rescinded without the written consent of all First Mortgagees, which consent shall appear on the instrument of amendment as such instrument is duly recorded with the Registry of Deeds in accordance with the requirements of Paragraph (g) hereof. 12 12. Trust: The trust through which the Unit owners will manage and regulate the Condominium established hereby is Mid-Tech Drive Industrial Condominium Trust under Declaration of Trust dated of even date, to be recorded herewith. Said Declaration of Trust establishes a membership organization of which all Unit Owners shall be members and in which said Owners shall have an interest, in proportion to the percentage of undivided interest in the Common Areas and Facilities to which they are entitled hereunder. The names of the original and present Trustees thereof (therein designated as the Trustees hereof) are as follows: Jeffrey D. Bilezikian Said trustees have enacted By-Laws, which are set forth in said Declaration of Trust, pursuant to and in accordance with provisions of Chapter 183A of the General Laws of Massachusetts. 13. Units Subject to Master Deed, Unit Deed, By-Laws and Rules and Regulations: All present and future owners, tenants, visitors, servants and occupants of Units shall be subject to and shall comply with the provisions of this Master Deed, the Unit Deed, the By-Laws and the Rules and Regulations as they may be amended from time to time. The acceptance of a deed or conveyance or the entering into occupancy of any Unit shall constitute an agreement that (a) the provisions of this Master Deed, the Unit Deed, the By-Laws and the Rules and Regulations as they may be amended from time to time are accepted and ratified by such owner, tenant, visitor, servant or occupant, and all such provisions 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 such Unit as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof. Any deeds to a purchaser, lease to a lessee, or mortgage to a secured party, shall expressly provide, or in the absence of such be deemed to provide, that the acceptance thereof shall constitute an assumption of the provisions of the Master Deed, the Declaration of Trust, and the Rules and Regulations promulgated thereunder, as the same may be amended from time to time. Any such lease shall be consistent with the restrictions contained in this Master Deed and shall be deemed to provide that the Trustees shall have the power to 13 terminate such lease and/or to bring summary process proceedings to evict the tenant in the name of the landlord (i) in the event of default by the tenant in the performance of such lease, (ii) in the event of the creation, continuance or sufferance of a nuisance in or about the premises, or (iii) in the event of a violation of the provisions of this Master Deed, the Declaration of Trust and/or Rules and Regulations promulgated pursuant thereto. 14. Sale or Lease of Units: A Unit Owner may, subject to the restrictions of this Master Deed and the Trust, assign, lease, sell or otherwise transfer all of his interest in his Unit(s), together with: (i) the undivided interest in the Common Areas and Facilities appurtenant thereto; and (ii) the exclusive right of such Unit Owner to use the Exclusive Use Areas, if any, to which said Unit Owner has an exclusive right of use. 15. Easements: To the extent permitted by law, the Trustees may grant easements and relocate easements for the installation of utilities, improvement of Mid-Tech Drive Industrial Condominium and similar purposes except within, under or upon a Unit or those designated exclusive use areas, if any, for the benefit of that respective unit owner. No easement hereafter granted or relocated shall affect or impair the rights of existing mortgagees who have not consented to the same in writing. The Trustees may modify or relocate the access and entrance ways to Mid-Tech Drive Industrial Condominium land or buildings from time to time, subject to the adjustments as would be required for the control and maintenance of the common areas, and subject to the ordinances and zoning regulations of the municipal authorities having jurisdiction thereof, and subject to the interest and consent of any mortgagees. 16. Statutory Conditions: The Units and Common Areas and Facilities, and Unit Owners and Trustees of Mid-Tech Drive Industrial Condominium shall have the benefit of and be subject to the provisions of Chapter 183A of the General Laws of the Commonwealth of Massachusetts, and in all respects not specified in this Master Deed or in the Condominium Trust shall be governed by provisions of Chapter 183A in their relation to each other and to the Condominium established hereby, including, without limitation, provisions thereof with respect to common expenses, funds and profits, with respect to removal of the Condominium premises or any portion thereof from the provisions of said Chapter 183A. 14 17. Definitions: All terms and expressions herein used which are defined in Section 1 of Chapter 183A shall have the same meanings herein unless the context otherwise requires. 18. Invalidity: The invalidity of any provisions 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. 19. Conflicts: This Master Deed is set forth to comply with the requirements of Chapter 183A of the General Laws of the Commonwealth of Massachusetts. In case any of the provisions stated above conflict with the provisions of said statute, the provisions of said statute shall control. 15 EXECUTED as a sealed instrument this _____ day of _______________ 2023. JDB 212 MID-TECH DRIVE, LLC By: Jeffrey D. Bilezikian, Manager COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. On this ________ day of __________________, 2023 before me, the undersigned notary public personally appeared Jeffrey D. Bilezikian and proved to me through satisfactory evidence of identification, which was his Massachusetts Drivers License to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as Manager of JDB 212 Mid-Tech Drive, LLC. Notary Public My Commission Expires: 16 EXHIBIT “A” Being Lots 37, 38 & 39 on Land Court Plan 37737-D (Sheet 1). For title see Barnstable Registry District of the Land Court Certificate of Title No. 219782. 17 EXHIBIT “B” DESCRIPTION OF UNITS Building Number Approx. Immediate Single Story of Rooms Sq. Ft. Common Area to which it has access Unit 1 1 866 sq. ft. Parking & Grounds Unit 2 1 866 sq. ft. Parking & Grounds Unit 3 1 866 sq. ft. Parking & Grounds Unit 4 1 866 sq. ft. Parking & Grounds Unit 5 1 866 sq. ft. Parking & Grounds Unit 6 1 866 sq. ft. Parking & Grounds Unit 7 1 866 sq. ft. Parking & Grounds Unit 8 1 942 sq. ft. Parking & Grounds Unit 9 1 942 sq. ft. Parking & Grounds Unit 10 1 866 sq. ft. Parking & Grounds Unit 11 1 866 sq. ft. Parking & Grounds 18 SCHEDULE “C” Unit Number Percentage of Interest in Common BUILDING Unit 1 9.070% Unit 2 9.070% Unit 3 9.070% Unit 4 9.070% Unit 5 9.070% Unit 6 9.070% Unit 7 9.070% Unit 8 9.185% Unit 9 9.185% Unit 10 9.070% Unit 11 9.070% Total 100% Each unit shall have an equal percentage of ownership in the Common Area and Facilities of the Condominium.