Christopher Heights Amendment to Affordable Housing Restrictions 11 15 15a
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AMENDMENT TO AFFORDABLE HOUSING RESTRICTION
GRANTOR: Northampton Heights ALF Limited Partnership
PROPERTY NAME: Christopher Heights of Northampton
PROPERTY ADDRESS: Village Hill Road
Northampton, Massachusetts
Thi AMENDMENT TO AFFO DABLE HOUSING RESTRICTION (this "Amendment ") made
as of the E'` day of , 2015, by and among:
NORTHAMPTON HEIGHTS ALF LIMITED PARTNERSHIP, a Massachusetts limited
partnership, having an address of 99 Pleasant Street, Marlborough, Massachusetts 01752 (the
"Grantor ");
HOSPITAL HILL DEVELOPMENT LLC, a Delaware Limited Liability Company, having an
address of c/o Massachusetts Development Finance Agency, 99 High Street, 11"' Floor,
Boston, MA 02110; (the "Ground Lessor ");
THE COMMONWEALTH OF MASSACHUSETTS, acting by and through its Department of
Housing and Community Development, having an address at One Beacon Street, Boston,
Massachusetts 02108 ( "DHCD ");
THE COMMONWEALTH OF MASSACHUSETTS, acting by and through its Department of
Housing and Community Development under the Affordable Housing Trust Fund Statute,
M.G.L. C. 121D, by the Massachusetts Housing Finance Agency as Administrator, having an
address at One Beacon Street, Boston, Massachusetts 02108 ( "AHT" and collectively with
DHCD and AHT, the "Grantees "); and
THE CITY OF NORTHAMPTON, acting by and through its Mayor, having an address at 210
Main Street, Room 12, Northampton, MA 01060 (the "City').
WHEREAS, the Grantees have each provided financing to the Grantor in connection
with the rehabilitation of 83 units of affordable rental housing located at Village Hill Road,
Northampton, Massachusetts (the "Project"); and
WHEREAS, as a condition of and in consideration for such financing, the Grantor
granted to the Grantees a certain Affordable Housing Restriction, dated as of November 19,
2014 and recorded with the Hampshire County Registry of Deeds in Book 11811, Page 1 (the
Amendment to Affordable Housing Restriction
Northampton Heights ALF Limited Partnership
Bk: 12123 Pg: 230
"Restriction "), to which the Ground Lessor assented to join thereto as "Grantor ";
WHEREAS, the City has provided additional financing to Grantor in connection with the
Project;
WHEREAS, the Grantor, Ground Lessor and the Grantees desire to amend the
Restriction in order to add the City as a beneficiary and holder thereunder, and make certain
other changes related thereto;
NOW THEREFORE, for valuable consideration each to the others delivered, the receipt
and sufficiency of which hereby are acknowledged, the Grantor and the Grantees hereby agree
as follows:
1. In order to add the City as a holder, the Restriction is amended by deleting the
paragraph on page 1 immediately preceding the Recitals and substituting the following
paragraph In its place:
"This Affordable Housing Restriction (this "Restriction ") is granted by the
undersigned Grantor, a Massachusetts limited partnership having a mailing address
of 99 Pleasant Street, Marlborough, Massachusetts 01752, for the benefit of The
Commonwealth of Massachusetts acting by and through the Department of Housing
and Community Development having a mailing address of 100 Cambridge Street, Suite
300, Boston, Massachusetts 02114 -2524 ( "DHCD "); The Commonwealth of
Massachusetts, acting by and through the Department of Housing and Community
Development under the Affordable Housing Trust Fund Statute, M.G.L. c. 121D, by the
Massachusetts Housing Finance Agency ( "MHFA "), as Administrator, having an address
at One Beacon Street, Boston, Massachusetts 02108 ( "AHT "); and the City of
Northampton under the Community Preservation Act M.G.L.c.44B and the Smart
Growth Zoning Overlay District M.G.L. c.40R acting by and through its Mayor, having a
mailing address of 210 Main Street, Room 12, Northampton, MA 01060 (the "City')."
2. The Restriction is further amended by deleting the portion at the end of Section 19
which states "National Development Corporation" and replacing it with the following:
"Director of Planning and Sustainability, Office of Planning and Sustainability, City of
Northampton, 210 Main Street, RM 11, Northampton, MA 01060; with a copy to: City Solicitor,
City of Northampton, 210 Main Street, Northampton, MA 01060 and NDC Housing and Economic
Development Corporation, 708 Third Avenue, Suite 710, New York, New York 10017."
3. The definition of "Holder" set forth in Exhibit D of the Restriction is hereby deleted in its
entirety and replaced with the following new definition:
" "Holder" shall mean each of DHCD, AHT and the City, or, as applicable, each
successor or assign of the foregoing and "Holders" shall mean all of the foregoing
parties, collectively."
4. Except as explicitly modified herein, the Restriction remains in full force and effect
in accordance with its original terms, which are hereby ratified and confirmed.
5. This Amendment may be executed in any number of counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same instrument.
The invalidity of any provision hereof shall not affect the validity of any other provision.
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Northampton Heights ALF Limited Partnership
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6. This Amendment is delivered and made in, and its construction and performance shall
be governed by and enforced in accordance with the laws of, The Commonwealth of
Massachusetts.
[Remainder of page left intentionally blank.]
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Northampton Heights ALF Limited Partnership
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as a sealed
instrument under Massachusetts law, as of the date and year first above written.
Executed under seal as of the date set forth above.
GRANTOR:
NORTHAMPTON HEIGHTS ALiF LIMITED
PARTNERSHIP
By: VILI..AGE HILL EQUITY LLC, its General
Partner
By:
Name: Waltdf Ohanian
Its: Managing Director
COMMONWEALTH OF MASSACHUSETTS
ef 41 P County, ss.
On this <::;V day of 0C -2015, before me, the undersigned notary public,
personally appeared Walter Ohanian, the Managing Director of Village Hill Equity LLC,
proved to me through satisfactory evidence of identification, which was (a current driver's
license) (a current U.S. passport) (my personal knowledge of the identity of the principal),
to be the person whose name Is signed on the preceding or attached document, and
acknowledged to me that he /she signed it voluntarily, in such capacity, for its stated
purpose.
Notary Public ����`;��E�;! J�F�!i,,
My commission expires_ .T
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Northampton Heights ALF Limited Partnership
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GROUND LESSOR:
HOSPITAL HILL DEVELOPMENT LLC
By: Massachusetts Development Finance
Agency, its Manager
By: Cd � '0'� --
Name: Richard Henderson
Its: Executive Vice President
COMMONWEALTH OF MASSACHUSETTS
VVi�UI` Count, ss.
On this � day of DO 1�5, before me, the undersigned notary public, personally
appeared Richard Henderson, the Executive Vice President of the Massachusetts
Development Finance Agency, acting as the Manager of Hospital Hill Development LLC,
proved to me through satisfactory evidence of identification, which was
li r.ans (my personal knowledge of the identity of the principal),
to be the person whose name is signed on the preceding or attached document, and
acknowledged to me that he/Ad3e signed It voluntarily, in such capacity, for its stated
purpose.
LEIGH A. NATOLh
Not o --'Notary Public
COiNMONWFJVLTH OF �SJ4OM
µY Com�nislion Evkes
My o ssion �1SI3k�si. 2021
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DHCD and AHT:
THE COMMONWEALTH OF MASSACHUSETTS, ACTING BY AND THROUGH THE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT UNDER THE
AFFORDABLE HOUSING TRUST FUND STATUTE, M.G.L. C.121D, BY THE
MASSACHUSETTS HOUSING FINANCE AGENCY, AS ADMINISTRATOR
f
By.
Name: Ka n Kelleher
Title: General Counsel
COMMONWEALTH OF MASSACHUSETTS
U * (L County, ss.
On this _j!f day of C0 , 2015, before me, the undersigned notary public,
personally appeared Karen Kelleher, the General Counsel of The Commonwealth of
Massachusetts, acting by and through the Department of Housing and Community
Development under the Affordable Housing Trust Fund Statute, M.G.L. c.121D, by the
Massachusetts Housing Finance Agency, as administrator, proved to me through
vidence of identification, which was (a current driver's license) (a current U.S.
passport)gmy personal knowledge of the identity of the principal), to be the person whose
name is signed on the preceding or attached document, and acknowledged to me that
he /she signed it voluntarily, in such capacity, for its stated purpose.
Notary Public V KIMBERLY LEONE %,
WNotary Public
lWyr w of Massachusetts Comm41, Expires
July 10, 2020
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Northampton Heights ALF Limited Partnership
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THE CITY:
THE CITY OF NORTHAMPTON, ACTING BY AND THROUGH ITS MAYOR
By:
Name: Dav' ewicz
Title: Mayor
This Restriction has been accepted pursuant to that certain City Council Order approved on August
13, 2015 and attached hereto as Exhibit A.
COMMONWEALTH OF MASSACHUSETTS
114,0he,rA •'C County, ss.
O «h r�
On this - day of 2015, before me, the undersigned notary public,
personally appeared David Narkewicz, the Mayor of the City of Northampton, proved to me
through satisfactory evidence of identification, which was ) (a
) (my personal knowledge of the identity of the principal), to be the
person whose name is signed on the preceding or attached document, and acknowledged
to me that he /she signed it voluntarily, in such capacity, for its stated purpose.
Notary Public
WAYNE M. FEIDEN
NOTARY PUBLIC
Commonwezlth ut Massachusetts
WN
My COmmfgldn �gairrs i0 /14/20y6
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Exhibit A
City Council Order
Amendment to Affordable Housing Restriction
Northampton Heights ALF Limited Partnership
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City of Northampton
MASSACHUSETTS
In City Council _iuCy 9, 2014
Upon the recommendation of the Office of Planning and Sustainability
ordered, that
WHEREAS, Both the Sustainable Northampton Comprehensive Plan and the Northampton
Sousing Needs Assessment and Strategic Housing Plan recommend the creation of
more affordable housing to meet a mix of community needs;
WHEREAS, On November 7, 2013 and June S, 2014 City Council approved funding for the
Grantham Group's Christopher Heights Assisted Living Residences at Village Hill,
with over half the units being dedicated as affordable units, subject to the recording
of an affordable housing restriction pursuant to the Community Preservation Act
(MGL Chapter 44B);
WHEREAS, On October 11, 2012 the Planning Board issued plan approval to the Grantham
Group for the Christopher Heights Assisted Living Residence at Village Hill, subject
to the recording of an affordable housing restriction pursuant to Northam[ptoia's
zoning and the Smart Growth Zoning Overlay District Act (MGL Chapter 40R);
WHEREAS, The Office of Planning and Sustainability is charged with coordinating these
approvals and coordinate the affordability restriction;
NOW, THEREFORE BE TT ORDERED,
The City, acting through its Mayor, is authorized to accept said affordable housing restrictions.
in oty Coundl,July 9, 2035
passed Fjrq eadin& on §al[ Can V qj.> Yes, 0 No 1 Absent {Councilor LaBarge)
Clerk of Council
In Qty Council, August 13, 2015
Pasco d Second d ng, or i Can Vote es, 0 No, l Absent (Councilor Murphy)
Attest Clerk of Count
Approved. David J. Narkewia, Mayor
Rules suspended, passed two readings and enrolled
I hereby certify that the above Order passed the Northampton City Council on August 33, 2615
David J. Naric�M,ayo�r arw an August 19,f5
Qerk of Counal
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