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DECLARATION OF PROTECTIVE COVENANTS
AND THE RIDGE HOMEOWNERS" ASSOCIATION
This Declaration of Protective Covenants is made this~ day of Mal/ , 2005,
by SOVEREIGN BUILDERS , INC. , ( "Grantor" herein ) as owner of cert'ain real estate
in the City of Northampton, Hampshire County, Massachusetts ("Property") herein being
more particularly described in Article II hereof.
It is the intention of the Grantor, in furtherance of a plan for the development of the
Property, to sell and convey all of the said property subject to the conditions, limitations
and covenants ("Covenants") herein as set forth in this declaration of Protective
Covenants ( "Declaration").
It is the purpose of these Covenants to provide a means for the development and use of
the property in a manner consistent with the Grantor's intentions and consistent with the
conditions imposed by the City of Northampton Planning Board in its Subdivision and
Special Permit Approval for "The Ridge", the same being granted by the Planning Board
on February 10, 2005. The provisions of this Declaration shall be understood and
construed to accomplish these objectives and every person, by acceptance of his deed
to a portion of the property , does hereby agree to be bound by the covenants contained
in this Declaration.
ARTICLE I
The following definitions shall apply to this Covenant:
Assessment: The term "Assessment" shall mean the amount of money due by each lot
for all purpose including maintenance of the common area's as determined by the
Board Manager in their sole discretion, to be determined on a yearly basis.
Association : The term "Association" shall mean and refer to The Ridge Home Owners
Association, its successors and assigns.
Board of Managers: The term "Board of Managers" shall mean the three-member Board
established herein for the management of the Home Owners Association.
Definitions: The terms defined in this Article I shall, for all purposes of this Declaration,
have the meaning herein specified, unless the context otherwise specifies or requires.
Grantor: The term "Grantor" shall mean Sovereign Builders, Inc. or its nominees,
successors and assigns.
Improvement: The term "Improvement" shall mean and include all buildings,
outbuildings, garages, sheds, carports, walls, stairs, decks, fences, poles, signs,
driveways, tennis courts, swimming pools, and structures of every kind and type.
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Lot: The term "Lot" shall mean each of the following numbered parcel of the property
which is shown on the plan (being lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13;
however not including Lots 1a, 1 band 6a or "City Lot") hereinafter described.
Maintenance: The term "Maintenance" shall mean the permanent care of detention
ponds, drainage lines outside the proposed City right-of-way, cul-de-sac island including
the berm and the basin and lots 1 a, 1 b and 6a {the Roadway Area and Detention Basin)
prior to acceptance of the road by the City of Northampton (if ever). For specific
maintenance responsibilities, see Article V.
Plan: The term "Plan" shall mean the plan entitled The Ridge Definitive Subdivision
in Northampton, MA and recorded with the Hampshire County Registry of Deeds in Plan
Book ?..DS , Pages ::, I through ""' , and as revised from time to time,
showing lots 1 through 13 inclusive and lots 1a, 1 b, 6a and City Lot.
Residential Area: The term "Residential Area" shall mean those areas of the property
designated on the plan as numbered lots 1-13 inclusive, not including lots 1 a, 1 b or 6a
which are building lots and not including City Lot.
Roadway Area: The term "Roadway Area" shall mean lots and "Street" shall mean the
paved portion of the Roadway to be designated as Ridge View Road.
ARTICLE II
Property Subject to Declaration: The property subject to this declaration shall be the
land in Northampton, Massachusetts, being lots# 1-13 inclusive, not including 1 a, 1 b or
6a or the City Lot, all as more particularly known as "The Ridge" Subdivision.
ARTICLE Ill
A. Land Classifications: The property has been divided into the following use
classifications:
1. Residential Area lots 1 through 13 inclusive excluding non-building area
described below.
2. Non-Building Area being City Lot, and lots 1 a, 1 band 6a.
3. Roadway Area being Ridge View Road.
B. Permitted Uses and Restrictions: Each lot within the property shall be for the
exclusive use and benefit of the Owner thereof, subject, however, to the following uses,
limitations and restrictions.
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1. Use of Residential Areas: No residential structure other than one single-
family dwelling shall be erected or placed on any Residential Area, namely, lots# 1-13
inclusive and not including lots 1 a, 1 b, 6a or city Lot. Attached or detached garages
shall have no more than 2 bays facing the street. Together with accessory non-
residential structures such as greenhouses, tool sheds, pools, and fencing shall be
permitted, only if and so long as they are used in connection with a dwelling house and
as long as they are permitted under any applicable state, or municipal rules and
regulations.
The land included in said tract shall be used for residential or non-
commercial purposes only. The use of a portion of a dwelling as a professional office or
studio by a person residing therein shall be permitted if allowed by the City of
Northampton Zoning Ordinance. The home office of a professional may not generate
visitors at a rate of more than 6 per day. In no event shall the premises be used for any
purpose which may be or become an annoyance or nuisance to the neighborhood or in
violation of the zoning by-law.
No so-called clubs or social organizations shall occupy the premises.
No more than 2 tag sales per year of the possessions of a lot owner shall be permitted.
2. Use of Roadway Areas: Ridge View Road shall be used by any owner
and general public for all purposes for which roads and streets may be used in the City
of Northampton. Upon completion of the subdivision improvements required in the
Subdivision Approval granted by the City of Northampton Planning Board, the Grantor
shall petition the City to accept Ridge View Road as a public way. Until such time as
the Planning Board has approved all construction pursuant to the approved construction
plans and has certified that all orders of conditions have been fulfilled and the City of
Northampton has accepted the Street, and appropriate documents have been recorded
in the Hampshire Registry of Deeds as contemplated herein, any costs for maintenance
within the Roadway Area shall be the responsibility of the Homeowners' Association
and the Roadway Area shall be managed by the Board of Managers with costs
allocated for the management and maintenance of the retention areas. Cul de sac
island landscaping shall be maintained regardless of ownership. No representation is
made that the City will accept the street and it is under no legal obligation to do so.
3. Easements: The Grantor reserves to himself, his heirs, successors and
assigns the right to construct, permit or grant easements for the installation and
maintenance of the drainage facilities as may be required by the City of Northampton.
The Grantor further and similarly reserves the right to grant easements for the
construction and maintenance of any underground utility services being distributed to
the " property " as such rights may be required by the City of Northampton or those
private companies providing said services to the "property" herein. The rights to grant
easements over a lot shall terminate upon conveyance of each lot, except to the extent
of any portion of a lot within the limits of any street shown on said plan.
4. Location of Utilities: The furnishings of all utility services to each lot shall
be by means of underground installation.
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5. Location of Structures on a Lot: No residence or garage, or any part
thereof, shall be erected or placed nearer than thirty (30') feet to any street line, nor
fifteen (15') feet to any side line, nor thirty (30') feet to any rear line of any building lot. If
the City of Northampton Zoning Ordinance then in existence require greater distances,
said ordinance shall control.
6. Building and Landscaping Approval: No building, fence, wall or any other
structure shall be commenced or erected, nor shall any addition to or changes or
alterations be made, until such plans and specifications, showing the nature, kind,
shape, height, materials, floor plans, color schemes, and the grading plan of the lot to
be built upon, shall have been submitted to and approved in writing by Granter. Granter
shall have the right to refuse to approve any such plans which are not suitable or
desirable, in its opinion, for aesthetic or other reasons, and in so passing upon such
plan, specifications and grading plan, it shall have the right to take into consideration the
suitability of the proposed building or other structure and of the building materials to the
site, the harmony with the surroundings and the effect of the building or structure on the
neighboring property. Said submission of plans shall include:
(a) a plot plan of the lot, showing the location of the proposed
construction.
(b} Building plans, including drawings which show the elevations of the
proposed construction.
(c) Detailed landscaping plans and driveway plans.
(d) A description of exterior materials and colors.
(e) The owners proposed construction schedule.
The Granter shall provide written approval of said plans suitable for
recording. In the event that Granter no longer owns any lots said right of approval of
plans shall be by the Association. In the event that Granter. Or the Association, as the
case may be, fails to respond within forty five (45) days following submission of all plans
and information, the said plans shall be deemed to have been approved. An affidavit so
stating may be signed and recorded by the lot owners or applicant.
7. Siding: No tarpaper, vinyl siding, asphalt siding, aluminum siding, log
siding, plywood siding, texture 1-11 siding, roll brick or similar materials may be used as
siding on outside walls. All siding is to be of wood, cedar, pine, brick, stone or
equivalent.
8. Residence size and style: One-story dwellings shall contain not less than
2,000 square feet of living area; two-story dwellings shall contain not less than 950
square feet of living on the first floor and not less than 1900 square feet of living area,
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total. Living area is defined as "year round, heated living space located above grade",
specifically excluding porches, breezeways, decks, patios and garage. All dwellings
shall include a two-car garage, although this provision may be waived by the Grantor in
writing if an adequate evergreen vegetative screen is provided around the parking area,
and if the living area of the dwelling exceeds the area required above by 200 square
feet.
9. Incomplete dwellings: The exterior of any building erected on a lot and the
landscaping and grading in connection therewith shall be finished and completed within
twelve (12) months after commencement.
10. Boats, Automobiles, Trailers, Campers, Tents, and Commercial Vehicles:
Parking of mobile homes, recreational vehicles, trailers, Class II trucks, heavy
equipment, unregistered or junk vehicles or any other similar property, shall be
prohibited on the premises unless parked or stored inside a garage.
11. Animals: No animals, livestock or poultry of any kind shall be raised, bred
or kept on the property, except that dogs, cats or other usual household pets may be
kept on lots provided that they are not kept, bred or maintained for commercial
purposes and do not become a nuisance to other owners and occupants.
12. Exterior lighting: No exterior lighting shall be installed so as to interfere
with or shine onto neighboring properties. No lights shall be placed higher than the
eaves of the house. Copper lanterns, wood, bronze or antique nickel shall be used
whenever exterior lighting is visible from the streets. No brass fixtures shall be
permitted.
13. Maintenance: Each lot and each home together with the accessory
structures and grounds shall be maintained in a neat appearance and manner by the
owner.
14. Leasing: Nothing herein shall be deemed to prevent the leasing of the
residence from time to time by the owner thereof, subject to all of the provisions of the
Declaration.
15. Landscaping: Each residence must install bed plantings, shrubs and front
walkways: allowing no less than $10,000.00 for design, labor and materials. The
landscape plan and landscaping shall incorporate one (1) outside lamp post and a
section or sections of custom split rail fence.
16. Walkways: Walkways constructed in the front yard of the residence shall
be constructed of materials other than bituminous concrete. Poured concrete may be
permitted only with the specific consent of the Grantor. Materials such as brick, stone,
tile and concrete pavers are permitted. Pea stone, gravel or other unconsolidated
materials shall not be permitted as the finished surface of a walkway to the front door of
a residence.
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17. Roofing: All roofing shall be "Architectural" style thirty (30) year or better
asphalt, composite, cedar, tile, or slate roofing shingles. A roof pitch of 8 in 12 or
greater will typically be required on all residences and garages. Shallower pitches shall
typically be permitted on porches or shed dormers. Final approval of roofing materials
and roof design shall be at the developer's sole discretion.
18. Chimneys: Each residence must have a stone or brick masonry chimney
visible on the exterior, through the roof or constructed on an exterior wall. Final approval
of the type of brick or stone will be at the sole discretion of the developer.
19. INTENTIONALLY DELETED.
20. Pools: No In ground pools in excess of 18" in height are permitted with out
written approval of the Granter. Above ground pools are not permitted.
21. Front porches: A front covered entry of no less than sixty (60) square feet
shall be required on all residences.
22. Temporary Occupation: No trailer, mobile home, basement of any
incomplete building tent, truck camper, shack, garage, barn, and no temporary building
or structure of any kind shall be used at any time for a residence, except such use or
structure may be used during reconstruction of a dwelling in the residential areas. The
structure shall be removed immediately after completion of reconstruction.
23. Nuisances: No refuse, rubbish, vehicle parts or bodies, junk, waste or
debris of any kind shall be placed or permitted to accumulate upon or adjacent to any lot
which will or may render any such lot or any portion thereof unsanitary, unsightly,
offensive or detrimental to ant other lot and no activity, structure or device shall be
conducted, built or maintained which is or may be offensive or detrimental to any of the
other property in the vicinity or its occupants.
24. Repair or improvements: No improvement upon any lot shall be permitted
to fall into disrepair, and each such improvement shall at all times be kept in good
condition and repair and adequately painted or otherwise finished.
25. Trash: All clotheslines, equipment, trash containers, service yards,
woodpiles and storage piles shall be kept screened by adequate plantings or fencing so
as to conceal them from view of neighboring residences and streets, except during such
necessary periods as when said trash containers are made visible for collection. All
rubbish, trash and garbage shall be regularly removed from premises and shall not be
allowed to accumulate thereon. No dead trees or heavy brush of any kind shall be
placed or permitted to accumulate upon adjacent to any lot which will render or may
render the same or any portion thereof unsanitary, unsightly, offensive or otherwise
detrimental to any other lot.
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26. Removal and disturbance of earth: No loam. Peat, gravel, sand or other
mineral resource of any kind shall be excavated or removed from property shown on the
plan in such a manner as to affect the surface thereof, except in conjunction with the
building of allowed improvements or landscaping. At all times during said construction
when the surface of the lot or property is disturbed, the owner of the lot or his agent
shall undertake adequate siltation and erosion measures in accordance with good
landscaping and construction practices such as the USDA soil conservation service
guidelines.
27. Surface drainage: All surface drainage created by run-off water resulting
from construction of improvements shall be contained on the lot upon which the
construction has taken place. There shall be no surface drainage into any City street.
28. Exceptions for Grantor: Nothing contained in the covenants shall be
construed to prevent the erection or maintenance by Grantor, or its duly authorized
agents, of structures or signs necessary or convenient to the development, sale,
operation or other disposition of the property. However, any such structures or signs
shall be removed by the Grantor upon sale of all properties.
29. Subdivision: No lot or combination of lots shall be subdivided or modified
in any way for the purpose of increasing or enlarging the total number of lots upon
which single-family residential structures may be constructed. No portion of any lot nor
any easement or license shall be conveyed by any owner without the prior written
approval of the developer or its successors or assigns, including the Association, after
Grantor no longer owns any lots.
Property lines between lots mat be re-plotted by said owners, provided no
additional lots are being created. Such re-plotting will require the written approval of the
developer until January 1, 2008.
30. Signs: No signs shall be erected or maintained on any lot except:
(a) Such signs may be required by law;
(b) A residential identification sign having a total face area not larger
than one hundred forty four (144) square inches;
(c) Professional signs as permitted by the zoning ordinances;
(d) During the time of construction of any building or other
improvements, one job identification sign not larger than three (3) square feet;
and
(e) A "For sale" or "For rent" sign, of reasonable type, size and
appearance, but only if attached to the building or free standing (and not
attached to a tree ).
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31. Antennas: Television or other antenna structures, including dish
antennas, aerials or other electronic receiving devices shall be placed, constructed or
maintained on said land, only if they are under six feet (6') in height, are located in the
rear yard, and can be screened from the street and neighboring properties. A roof
mounted dish or antenna less than 24" in height may be permitted if it can be placed in
an inconspicuous manner on the premises. The placement of any such structure that
within these guidelines will require the written approval of the Grantor or the Association
after Grantor no longer owns any lots.
32. Fences: No fences over six feet (6') in height or hedges over eight feet
(8') in height, shall be constructed. Fences in front yards of houses shall be limited to
forty-two inches (42") in height unless otherwise instructed by the City of Northampton
Zoning Ordinance. In addition, no gate or fence shall ever be placed across Ridge View
Road as shown on said plan. This clause may not be waived notwithstanding anything
to the contrary contained herein.
33. Grantor exemption from covenants: The foregoing covenants shall not
apply to the business activities of the developer, its successors or assigns during the
construction and sale period, nor shall they apply to residential lots which are owned by
the Grantor and which remain unimproved.
34. Binding nature: The covenants and restrictions of this Declaration shall
run with and bind the land and shall inure to the benefit of the Grantor, his successors
and assigns and all lot owners.
35. Severability: Invalidation of any one of these covenants or restrictions by
judgment or court order shall in no way effect any other provisions, each of which shall
remain in full force and effect.
36. Waivers: Grantor or its duly authorized delegate shall have the right to
waive, alter or amend any of these foregoing restrictions in the event it becomes
necessary or equitable to do so, and he or his delegate shall be the sole judge as to the
propriety of such waiver, alteration or amendment. Any such waiver or any failure to
enforce the restrictions shall not be deemed a waiver of the right to enforce the
restrictions thereafter.
ARTICLE IV
HOMEOWNERS' ASSOCIATION: The management and maintenance of the areas
specified in Article "II" shall be by the 'The Ridge Homeowners" Association" which is
hereby being formed. Each purchaser of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13
in The Ridge Subdivision will become a member of The Ridge Homeowners'
Association for so long as such purchaser owns said lot. Future purchasers of such lots
shall also be members of this Homeowners' Association during their ownership of such
lot.
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A. Ownership: Ridge View Road shall be retained by the Grantor in order to obtain
acceptance of Ridge View Road by the City of Northampton. In the event that the City
does not accept said Ridge View Road, then ownership will be transferred to the
Homeowners' Association. In addition, Lots 1 a, 1 b and 6a will be transferred to the
Homeowners' Association.
B. Fiscal Year: The fiscal year of the Homeowners' Association shall end on
December 31 51 of each year.
The lot owners shall meet once a year at a time and place set by the
Managers to elect Managers whose terms have expired and to review proposed budget
and any other matters which may be placed on the lot owners' meeting agenda. All
meetings of lot owners shall require at least seven (7) days' advance written notice
which sets forth the time, and place of the meeting as well as an agenda for the
meeting. A quorum shall consist of seven (7) lot owners and a vote of a majority of the
lot owners present at a meeting where a quorum is present shall bind all lot owners.
The association shall notify the Planning Board through the Office of Planning and
Development of the names of the Board of Managers and their addresses.
Any charges imposed by the Homeowners' Association shall constitute
liens on each of lot owners' lots to whom such charges are assessed. In the event such
charges are not paid within thirty (30) days of the date of such bill, such bill will earn
interest at the rate of eighteen (18%) percent per annum from and after the 30th day. In
the event the association has to commence legal proceedings to collect such charges,
the defaulting lot owner shall be responsible for all costs of collection, including
reasonable attorneys' fees.
C. Board of Mangers: The Board of Managers ("Board") of the Association shall
manage the business and affairs of the Association and shall consist of three (3)
Managers.
1. First Board of Managers: The first Board of Managers shall be
designated by the Grantor and shall serve until the first election meeting as hereafter
described.
Upon the Grantor's conveyance of the final lot to a purchaser unaffiliated
with the Grantor, Grantor shall resign as a Manager of the first Board. The Grantor
reserves the right to resign at an earlier date provided that a new Board of Managers
has been designated by the lot owners in The Ridge Subdivision.
The Managers of the first Board shall be subject to removal in the
manner set forth in section B. 3 of this Article or in the event of resignation or death,
shall be subject to replacement in the manner set forth in section B. 3 of this Article.
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2. Subsequent Boards of Mangers: The Board, designated pursuant to this
article, shall hold office until the first election meeting of the lot owners, which shall be
held as a special meeting of the lot owners, within sixty (60) days after the date on
which title to seventy (70%) percent of the total lots in the residential area have been
conveyed by the Granter to purchasers.
Owners of lots in the residential area only shall be entitled to vote, with
each lot entitled to one vote.
Not withstanding the foregoing, in the event an annual meeting of lot
owners is to be held within sixty (60) days of the date described above, such meeting
shall serve as the first election meeting. At the first election meeting, the lot owners
shall elect three (3) Managers, one for a term of one year and two for a term of two
years. Each Manager shall hold office until such time as his successor has been duly
chosen and qualified.
3. Removal: At any regular or special meeting of the lot owners, any one or
more of the Managers may be removed with or without cause by a majority in interest of
the lot owners, and a successor may then and there or thereafter be elected by vote of
a majority in interest of the lot owners to fill the vacancy thus created for the remainder
of the term; provided, however, that prior to the first election meeting, any Manager
designated by the Grantor may be removed only by the Grantor and in the Grantor's
sole discretion, and without the need for a meeting or vote. The Grantor shall have the
unqualified right to designate a successor for any such Manager removed by the
Grantor or by resignation or death if such Manager was appointed by Grantor. Any
member of the Board elected by the lot owners shall be given timely notice of the
meeting at which his removal shall be considered and an opportunity to be heard at the
meeting.
4. Vacancies: Vacancies in the Board of Managers caused by any reason
other than removal of a member thereof by a vote of the remaining Managers at a
regular or special meeting of the Board held not more than ten (10) days after such
vacancy arises, may be filled by the unanimous consent or vote of the remaining
Managers, and each Manager so elected shall be a member of the Board until the next
annual meeting, at which time the lot owners shall elect a Manager to fill the remainder
of the term, of any. The Board of Managers will notify the City of Northampton Planning
Board through the Office of Planning and Development of the name and address of the
Manager filling such vacancy.
If as a result of vacancies occurring after the first election meeting there
are no Managers on the Board, a special meeting of the lot owners shall be called for
the purpose of electing Managers by circulating to all lot owners a notice signed by the
owners of at least five (5) lots.
5. Organization meeting: The first meeting of the Board following the annual
meeting or the first election meeting (if other than an annual meeting) shall be held
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within thirty (30) days thereafter at such time and place as shall be fixed for such
meeting.
6. Regular meetings: Regular meetings of the Board may be held at such
time and place as shall be determined from time to time by a majority of the Managers,
but at least one such meeting, which may be the organizational meeting, shall be held
during each fiscal year. Notice of the regular meetings of the Board shall be given by
the Clerk of the association to each Manager by mail or telephone at least three (3)
business days prior to the day named for such meeting. Lot owners within the
subdivision shall also be given notice of meetings in accordance with this section.
7. Special meetings: Special meetings of the Board may be called by any
Board Manager on three (3) business days' notice to each Manager, given by mail or
telephone or in-hand delivery, which notice shall state the time, place and purpose of
the meeting.
8. Waiver of notice: Any Manager may at any time waive notice of any
meeting of the Board in writing and such waiver shall be deemed equivalent to the
giving of such notice. Attendance by the Manager at any meeting of the Board shall
constitute a waiver of notice by him of the time and place thereof. If all the Managers
are present at the meeting of the Board, no notice shall be required, and any business
mat be transacted at such meeting.
9. Meetings of the Board: At all meetings of the Board, two (2) Managers
shall constitute a quorum for the transaction of business. The votes of a majority of the
Managers present at a meeting at which a quorum is present shall constitute the
decision of the Board. If at any meeting of the Board there shall be less than a quorum
present, the meeting shall automatically be adjourned to the same time and place one
week after the adjourned meeting. At any adjourned meeting at which a quorum is
present, any business which might have been transacted at the meeting originally called
may be transacted without further notice.
10. Compensation: No Managers shall receive any compensation for acting
as such; provided however, each Manager shall be entitled to reimbursement for all
reasonable expenses incurred on behalf of the association.
11. No personal liability: No Manager shall under any circumstances or in any
event be held liable or accountable out of his personal assets by reason of any action
taken, suffered or omitted by him in good faith while serving as Manager, or for allowing
one or more of the other Managers to have possession of the trust books or property, or
be so liable, accountable or deprived by reason of honest errors of judgment or
mistakes of fact or law, except for willful acts in bad faith
12. Self-dealing: No Manager shall be disqualified by reason of being
Manager from contracting or dealing with the Managers or with one or more lot owners
whether directly or in directly because of such Managers interest, personally or as
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Manager, or because of any lot owners interest in any corporation, firm, trust or any
other organization connected with such contracting or dealing or because of any other
reason, as vendor, purchaser, or otherwise, nor shall any such dealing, contract, or
arrangement be entered into with respect to this association in which any Manager shall
be in any way interested by avoided, nor shall any Manager so dealing or contracting or
being so interested be liable to account for any profit realized by any such dealing,
contract or arrangement by reason of such Managers holding office, provided the
Manager shall act in good faith and shall disclose the nature of such Managers interest
before the dealing, contract or arrangement is entered into.
13. Indemnity: The Board of Managers and each Manager shall be
indemnified by the lot owners to the extent of their lot ownership against any liability
incurred by them or any of them in the carrying out of their duties hereunder, the Board
may put in place an indemnity policy for the Board of Managers including, without
limiting the generality of the foregoing, liabilities on contract and in tort and liabilities for
damages, penalties and fines.
14. Powers and Duties: The Board shall have the powers and duties
necessary for the administration of the affairs of the association and may do all such
acts and things except as by law prohibited. Such powers and duties of the Board shall
include, but shall not be limited to, the following:
(a) To operate, inspect, care for and perform the maintenance required
for the areas specified in "Article I" including payment of real estate taxes on the
lots owned by the association;
(b) To determine the common expenses and assess each residential
lot owner on an equal basis;
(c) To collect assessment from lot owners and enforce all obligations
of the lot owners with the power to place liens on lot owners for said association
fees that are delinquent;
(d) To employ, appoint and remove personnel necessary or advisable
for the maintenance and operation of the common areas;
(e) To deposit funds of the association in any bank or trust company
and to open and maintain a separate account for the purpose of providing
maintenance of the detention areas, pipes, and other required maintenance of
the Homeowners' Association and also for the purchase of liability insurance for
the detention areas as may be required by the Planning Board of the City of
Northampton. The minimum amount required to be maintained in said separate
account will be $ 8, 000.00;
(f) To manage and otherwise deal with the common areas, including
the power to make contracts;
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(g) To obtain liability and other insurance as amt be necessary for the
association, and adjust losses payable as a result of such insurance;
(h) To adopt and amend from time to time rules and regulations
relating to the operation of the association;
(i) To initiate, prosecute, and defend suits at all trial and appellate
levels on behalf of the association in the exercise of its power, including, without
limitation, enforcing the provisions of the restrictive covenants, including the
power to settle suits brought against the association involving common areas or
any other matters;
U) To do everything necessary for the attainment of any objects, or
furtherance of any of the purposes of the association, either alone or in
conjunction with the Granters and/or lot owners.
15. Certification of Board status: The Board of Managers of the association
shall record a Certificate of Incumbency with the Registry of Deeds within fifteen (15)
days after the election or removal of members of the Board and promptly after any
vacancy in the Board continues for more than forty five (45) days. Any instrument
signed by a majority of the Board at any time as they appear of record and duly attested
as the act of the association. No purchaser, mortgage, lender or other person dealing
with the Board, as they appear of record shall be bound to ascertain or inquire further as
to the persons relative thereof, other than a recorded certificate thereof, and such
recorded certificate shall be conclusive evidence of the members of the Board and of
any changes therein.
16. Action of the Board without meeting: Any action required or permitted to
be taken at any meeting of the Board may be taken without a meeting if all Managers
consent to the action in writing and the written consents are filed with the records of the
Board. Each such consent shall be treated for all purposes as a vote at a meeting.
ARTICLE V
The City of Northampton shall have the right to complete work not performed
on a timely basis by the Homeowners' Association and to place liens on the lots to
secure payment for the cost and administrative expenses of all work performed,
provided, however, that nothing in the covenants shall relieve Granter from
responsibility to complete work required of it by the Northampton planning Board.
The Homeowners' Association shall establish an Eight Thousand and 00/100
($8,000.00) Dollar escrow account with a local lending institution in the name of The
Ridge Homeowners" Association, which account requires the signature of an official of
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the City of Northampton in order to draw money from such account. This escrow will be
held to ensure that the Homeowners' Association fulfills its responsibilities for
maintenance, repair and/or replacements set forth herein. In the event the
Homeowners' Association fails to meet its responsibilities hereunder, the City
unilaterally may a the option of the City of Northampton withdraw funds from this escrow
account to complete the responsibilities of the Homeowners' Association. The
Homeowners' Association shall be responsible to reimburse said escrow account back
to Eight Thousand and 00/100 ($8,000.00) Dollars for any monies withdrawn by the City
of Northampton within three (3) months of the City of Northampton drawing monies from
said account. The Eight Thousand and 00/100 ($8,000.00) Dollar escrow account must
be set up prior to the conveyance of the first of lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12
and 13 to a third person.
The Homeowners' Association shall have the following responsibilities:
1. To remove snow, ice, and debris from the roadways, detention basin
access road, Ridge View Road and sidewalks throughout The Ridge Subdivision.
2. To maintain, repair or replace all roads, including the detention access
road, sidewalks, island in cul-de-sac, and other common areas of The Ridge
Subdivision. If Ridge View Road is accepted as a public way, the Homeowners'
Association will not be responsible to maintain, repair or replace said Ridge View Road.
3. To remove snow on sidewalks that abut the City Lot and abut the school
bus shelter.
4. To maintain, repair and replace the school bus shelter which is erected by
Declarant, in a safe and useable condition.
5. To maintain the drainage easements and detention basis and lots 1 a, 1 b
and 6a in accordance with the maintenance responsibilities set forth in the storm water
permit issued for The Ridge Subdivision, and in accordance with the Storm water
Management System Maintenance and General Erosion Control Guidelines, General
Notes and Drainage Notes provisions set forth on the Construction Notes and Legend
being sheet 2 of The Ridge Subdivision plans.
6. To maintain, repair and replace all gates and mountable curbs in the storm
water detention areas.
7. To maintain, repair or replace any street lights installed by the declarant in
excess of the street lights shown on The Ridge Subdivision plan or any street lights that
do not meet Massachusetts Electric specifications.
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ARTICLE VI
A. Amendment and Duration of Declaration:
1. Amendment: Prior to the sale of the final lot in The Ridge Subdivision, the
first Board of Managers reserves the right to amend or appeal any section of these
covenants, except as restricted by this paragraph. After sale of the final lot of the
subdivision, these covenants may be amended or repealed at any time by the written
consent of two thirds (2/3rds) of the owners of the property (including the Granter if he
shall then be owner). Such amendment or repeal shall not be effective until such time
as it has been recorded with the Hampshire County Registry of Deeds. Notwithstanding
the foregoing, no such amendment or repeal shall be valid if it results in any violation of
the permits and approvals granted by the City for development of this property.
Furthermore, no such amendment or repeal shall be valid if the intent is to relieve or
remove the absolute prohibitions created by Article Ill, concerning Aquifer protection.
2. Duration of Declaration: Subject to the provisions of paragraph A. Section
1 of this Article hereof, the Declaration shall continue in force and effect for perpetuity.
B. Enforcement and Waiver:
1. Right of Enforcement: The Declaration is for the benefit of the property
and shall run with the land. Except as may otherwise be provided herein, any
authorized Board or agency of the City of Northampton, or any owner of any lot,
including Granter, shall have the right to enforce any or all the provisions of the
Declaration by any legal proceedings, either at law or at equity, to compel, enforce or
enjoin this Declaration.
2. Violation of Law: Any violation within the property of any State law or City
by-law, or any regulations pertaining to the ownership, occupation or use of the property
is subject to any or all of the enforcement procedures set forth in said Declaration.
3. Remedies cumulative: Each remedy provided by the Declaration is
cumulative and not inclusive.
4. Waiver: The failure to enforce any of the provisions of the Declaration at
any time shall not constitute a waiver of the right thereafter to enforce any such
provisions of said Declaration.
C. Construction and Severability : Singular and Plural :
1. Restrictions severable: Each of the provisions of the Declaration shall be
deemed independent and severable, and the invalidity or partial invalidity of any
provision or portion thereof shall not affect the validity or enforceability of any other
provisions.
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2. Singular includes Plural: Unless the context requires a contrary
construction, the singular shall include the plural and the plural singular and the
masculine, feminine, or neuter shall include masculine, feminine and neuter.
3. Captions: All captions or titles used in the restrictions are intended solely
for the confidence of the referenced and shall not effect that which is set forth in any of
the provisions of such Declaration.
IN WITNESS WHEREOF, the said SOVEREIGN BUILDERS, INC. has caused its seal
to be hereto affixed, acknowledged and delivered by TODD G. CELLURA, its President, •1 t't~-
this .11_ day of M0y , 2005.
Signed and sealed
in the presence of: SOVEREIGN BUILDERS, INC.
By~d~J
Todd G. Cellura, President +-r<.W.~
COMMONWEAL TH OF MASSACHUSETTS
Hampshire, ss. /11A!I JI , 2005 ..... tlL. r :o.tJl. <»W" -
Then personally appeared the above named TODD G. CELLURA, President~f
Sovereign Builders, Inc. known to me by Massachusetts Driver's License and
acknowledged the foregoing as the free act and deed of Sovereign Builders, Inc., for its
stated purposes, before me
377218.doc
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~brNotary Public
My commission expires: 11h?IP'1
~ DONNA L WEXLER
@ Noto,y Public
Commonwoolth of Mossochusetts
My Commission Expires
November 27, 2009
ATTBST: HAMPIIHIRJI, IJJeiwJ,~ , REGISTl!IR
MARIANNE L. DONOHUE