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1/28/2015 ZONING BOARD OF APPEALS Minutes
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1/28/2015 ZONING BOARD OF APPEALS Minutes
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Mashpee_Meeting Documents
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ZONING BOARD OF APPEALS
Meeting Document Type
Minutes
Meeting Date
01/28/2015
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affordable housing restriction as that term is defined in 11. r.L. c. 184, §31 and as that <br /> tenn is used in M.G.L. : 184. §§26, 3 1,32 and 3 1 Such Resale Restrictions shafl be for <br /> the benefit of the Town and DHCD and the Town and DHCD shall be deemed to be <br /> holders of the affordable housing restriction created. y the Resale Restrictions in said <br /> • Fider. ' <br /> 11. Each Parcel shall be conveyed to Habitat subject.to a Condition Subsequent, <br /> reserving to the Town a Right of Entry, rl icb the Town may r e ercis w ith respect to the <br /> Parcel if Habitat fails to complete construction of the Unit on the Parcel and convey the <br /> Parcel to an Eligible Purcbaser within three- 3 years from'delivery of said Deed. mer <br /> at least sixty days prior written notice from the Town to Habitat notifying Habitat of <br /> the Town's decision t ,exercise its Right of Entry as to either of the two Parcels,Habitat' <br /> shall convey such Parcel and all improvements thereon to the Town, and the Town sbaLl <br /> rei buise Habitat four any expenditures made for the improvement o the sale r other use <br /> of the Parcel or Parcels;provided however,that if Habitat's performance under this . <br /> agreement is delayed by reason of any cause over which Habitat has no c n-trol, its time <br /> for performance shall be extended for a period equal to the period of such delay. The <br /> Town-'s Right of Entry shall be deemed released upon the recording of the deed with an <br /> Affordable Housing.Restriction bider attached from Habitat to the Eligible Purchaser. <br /> 12. Habitat agrees that, during the tirne it holds title to the Parcels, if the Parcels,the <br /> Units or any part thereof shad be damaged or destroyed,Habitat will use its best efforts <br /> to repair and restore there to substantially the same condition as existed prior to the event <br /> causing such darnage'oar destruction, and thereafter to operate in accordance with the <br /> terms of this Agreement. To than end,Habitat agrees that upon receipt of the building <br /> permits referenced in paragraph 8 herein or immediately thereafter.- <br /> a. <br /> hereafter.a. Habitat shallpay for and maintain.,maintain., t its own cost and expense,"Builder's Risk" <br /> insurance or"course'of construction"insurance or any other insurance that _ <br /> provides coverage to the work in progress during the course of construction.It is <br /> Habitat's express responsibility to insure the buildings,fres,and all work in <br /> progress against damage by fire or casualty,and to keep same insured during the' <br /> time it holds title to the Parcels. <br /> b. Habitat, at its own cost and expense, shall also provide and.maintain, <br /> ' comprehensive general liability insurance having a minimum per occurrence limit <br /> of One Million Dollars and no cents 1,000,000.00)against all claims which may <br /> + be brought for bodily injury, clean or damage to property,;and <br /> + c. Habitat shall also require any and.all of its contractors and sub-contractors to } <br /> . provide and maintain Workers' Compensation insurance or insurance required by <br /> * similar employee benefit acts as well as comprehensive general liability insurance <br /> having a minimum per occurrence limit of Five Hundred Thousand Dollars'and i <br /> no cents ($500,000.00) against all claims which may be brought for property <br /> damage,personal injury or death of their employees, and, should Habitat have any <br />
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