11.a.NorthamptonLocalActionsAffordableHousing11.a. Local Actions that support affordable Housing.
Attached are sample of city actions to support affordable housing. There is a much longer list of projects
with City, CDBG, CPA, and project crossâsubsidies that we could provide if needed.
1. City CPA and CDBG support for Wayfinders 155 Live affordable housing (155 Pleasant Street).
Documentation included is the project budget showing city support and the first page of the
resulting developer/DHCD/City affordable housing restriction.
2. City CPA and CDBG support for the Valley Community Development Corporation Lumberyard
affordable housing (Pleasant and Holyoke Streets). Documentation included is the approved
budget for the project. This project is currently under construction. Not included in this
documentation is approximately $100,000 in city funds to cover cost overruns in a MassWorks
grant that funded necessary stormwater improvements to make this project possible.
3. City donation of four lots to Pioneer Valley Habitat for Humanity for affordable housing
(Glendale Road). Documentation included is the deed for this transfer.
4. City donation of three lots to Pioneer Valley Habitat for Humanity for affordable housing
(Burts Pit Road). Documentation included is the Purchase and Sale Agreement.
5. City funding for Friends of Homlessness affordable/transitional housing (Hatfield Street).
Documentation included is affordable housing restriction.
Ill 11111111111111111111111111111111~111111111111111111111111
017 00005330
8': 12576Pg: 116 Page: 1 ol 11
Recorded: 03/20/2017 01 :OG PM
AFFORDABLE HOUSING RESTRICTION
This Affordable Housing Restriction ("Restriction") is granted by Friends of Hampshire
County Homeless Individuals, Inc., a Massachusetts non-profit corporation organized under
the provisions of M.G.L. c. 180, with offices at 68 Leonard Street, Leeds, Massachusetts
("Grantor") for the benefit of the City of Northampton, Massachusetts, a municipality
organized under the laws of the Commonwealth of Massachusetts, with offices at 210 Main
Street, Northampton, Massachusetts ("Holder").
BACKGROUND
A. By virtue of the deed of MARCIA M. SHUMWAY AND ANTHONY W. ROSSI
AND ROSEMARY A. GORMAN, recorded simultaneously herewith in the
Hampshire Registry of Deeds in Book l;f'o?b, Page /lb, the Grantor holds legal title
to the premises located at 11 Hatfield Street, Northampton, Massachusetts
("Property") and intends to provide supportive affordable housing units to youth 24
years of age and under who are experiencing homelessness or are at risk of becoming
homeless., to include four (4) bedrooms in an existing duplex residence and four (4)
enhanced single-room-occupancy units and a common room in a building to be
constructed on the Property (the "Project")The new construction also will include
program space to provide supportive services to the target population .
B. As a condition of a certain grant of Community Preservation Act, the Grantor has agreed
that this Restriction be imposed upon the Property as a covenant running with the land
and binding upon any successor or assign of the Gran tor, as owner thereof.
1. Definitions
"Fair Market Rent" shall mean the fair market rent in the Area for a comparably-sized
dwelling as established by HUD under regulations promulgated at 24 C.F.R. §888.11 (or
successor regulations), minus a monthly allowance established by the Northampton Housing
Authority (or successor agency) for any utilities and services (excluding telephone, internet
access, and cable television services) to be paid by the occupying Low income Person.
"Grantor" shall mean the Grantor named above or any successor or assign thereof permitted
under Section 7 of this Restriction, including any party holding ownership interests in or with
respect to the Property.
"Holder" shall mean the City of Northampton, its successors or assigns.
"Household Income" shall be determined on an individual basis and limited to income for
each individual served. The individual's adjusted annual income shall be determined in the
manner set forth in 24 C.F.R. §5.609 (or any successor regulations).
"Improvements" shall mean the building or buildings on the Property presently containing, or
after completion of the planned construction to contain, the number of Units indicated above,
and all other authorized buildings, structures and improvements located on the Property from
time to time, all equipment and fixtures therein, and any authorized repair, improvement,
reconstruction, restoration, renovation, or replacement of a capital nature thereto or
otherwise on the Property.
"Low Income Person" shall mean an individual defined as a "low-and moderate-income"
individual as defined in 24 C.F.R. Part 570.3, or may be defined as an individual whose
Household Income is less than or equal to sixty percent (60%) of the AMI, provided,
however, that an individual who qualified as a Low Income Person at the time of such
Person's initial occupancy at the Property whose income subsequently increases above sixty
percent (60%) of the AMI shall not be disqualified as a Low Income Person eligible to
occupy a Unit, to the extent that Family is not so disqualified under the applicable provisions
of the federal low income housing tax credit program or the applicable Federal and State
Financing Programs.
"Permitted Encumbrances" shall mean those encumbrances on the Property identified in the
mortgage granted to the Holder of even or near date herewith.
"Permitted Uses" shall mean use of the Improvements for no less than six bedrooms of rental
occupancy by individuals; the occupancy shall be limited to one individual per bedroom.
supportive and educational services for Residents.
"Property" shall mean that certain parcel or parcels of land located at the Property Address
indicated on the first page hereof and more particularly described in Exhibit A attached
hereto, together with all Improvements thereon.
"Registry of Deeds" shall mean the Hampshire Registry of Deeds.
"Residents" shall mean the lawful occupants of the Units.
"Unit" shall mean any residential unit located on the Property.
2. Use Restrictions. The Property shall be reserved and used for the Permitted Uses and
for no other purpose. Throughout the term hereof, the Grantor shall maintain the Property
and the Improvements in good, safe and habitable condition in all respects and in full
compliance with all applicable laws, by-laws, rules and regulations of any governmental (or
quasi-governmental) body with jurisdiction over matters concerning the condition of the
Property.
3. Occupancy Restrictions. The Project shall be reserved for Low Income individuals ,
for the entire term of this Restriction with the limit of one person per bedroom.
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Occupancy Restrictions. The Project shall be reserved for occupancy by Low Income Persons
as defined above for the entire term of this Restriction.
4. Resident Selection.
a. Nondiscrimination. The Gran tor shall not discriminate on the basis of race, religious
creed, color, sex, age, marital status, sexual orientation (which shall not include persons whose
sexual orientation involves minor children as the sex object), gender identity, genetic
information, veteran status, membership in the armed forces, ancestry, national origin,
handicap, blindness, hearing impainnent. or because a person possesses a trained guide dog as a
consequence of blindness, hearing impairment or other handicap of such person or any other
basis prohibited by law in the lease, use and occupancy of the Units or in connection with the
employment or application for employment of persons for the operation and management of
the Units. The Grantor shall not discriminate against, or refuse to lease, rent or otherwise
make available the Units to, a holder of a certificate or voucher under the Federal Rental
Certificate Program or the Federal Rental Voucher Program because of the status of the
prospective tenant as a holder of such certificate or voucher.
b. Selection Policies. The Grantor shall adopt and submit to the Holder for approval
resident selection policies and criteria for the Restricted Units that:
(i) Are consistent with the purpose of providing housing for Low Income
Individuals as defined and required herein;
5. Lease Form. The Grantor shall not include in any lease for a Restricted Unit any of
the following provisions:
a. Agreement by the tenant to be sued, to admit guilt or to a judgment in favor of the
Grantor in a lawsuit brought in connection with the lease.
b. Agreement by the tenant that the Grantor may take, hold, or sell personal property of
household members without notice to the tenant and a court decision on the rights of the
parties. This prohibition, however, does not apply to an agreement by the tenant concerning
disposition of personal property remaining in the Unit after the tenant has moved out of the
Unit. The Grantor may dispose of such personal property in accordance with state law.
c. Agreement by the tenant not to hold the Grantor or the Grantor's agents legally
responsible for any action or failure to act, whether intentional or negligent.
d. Agreement of the tenant that the Grantor may institute a lawsuit without notice to the
tenant.
e. Agreement by the tenant that the Grantor may evict the tenant or household members
without instituting a civil court proceeding in which the tenant has the opportunity to present
a defense, or before a court decision on the rights of the parties.
f. Agreement by the tenant to waive any right to a trial by jury.
g. Agreement by the tenant to waive the tenant's right to appeal, or to otherwise
challenge in court, a court decision in connection with the lease.
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h. Agreement by the tenant to pay attorney's fees or other legal costs even if the tenant
wins in a court proceeding by the Grantor against the tenant. The tenant, however, may be
obligated to pay costs if the tenant loses.
All leases for Restricted Units shall be consistent with the requirements set forth herein, shall
be on a form reasonably approved by the Holder, shall require tenants to provide information
required for the Grantor to meet its reporting requirements hereunder. The Grantor may not
terminate the tenancy except (i) for serious or repeated violation of the terms and conditions
of the lease; (ii) for violations of applicable federal, state or local law; (iii) for completion of
the tenancy period for transitional housing; or (iv) for other good cause. Any termination or
refusal to renew must be preceded by not less than thirty (30) days by the Grantor's service
on the tenant of a written notice specifying the grounds for the action.
6. Term of Restrictions; Covenants to Run with Land. . The "Affordability Term"
shall be 30 years from the date hereof, and shall run with and be appurtenant to the Property.
7. Subsequent Conveyances. Each and every contract, deed or other instrument
hereafter executed conveying the Property or portion thereof shall expressly provide that
such conveyance is subject to this Restriction, provided, however, that the covenants
contained herein shall survive and be effective regardless of whether such contract, deed or
other instrument hereafter executed conveying the Property or portion thereof provides that
such conveyance is subject to this Restriction.
8. Income Verification. The Grantor represents, warrants and covenants that the
determination of whether a Person occupying a Restricted Unit meets the income
requirements set forth herein shall be made by the Grantor at the time of leasing of a
Restricted Unit and thereafter at least annually on the basis of the current income of such
Person. In initially verifying an individual's income, the Grantor shall examine the source
documents evidencing annual income (e.g., wage statements, interest statements,
unemployment compensation statements) for the Family.
The Grantor represents, warrants and covenants that the determination of whether an
Individual occupying a Restricted Unit meets the income requirements set forth herein shall
be made by the Grantor at the time of leasing of a Restricted Unit and thereafter at least
annually on the basis of the current income of such Individual. In initially verifying an
Individual's income, the Grantor shall examine the source documents evidencing annual
income (e.g., wage statements, interest statements, unemployment compensation statements)
for the Individual.
9. Certification. The Grantor covenants to certify annually to the Holder, within 90 days
after the end of each fiscal year, whether or not the Project satisfies the requirements of this
Restriction.
Upon written request therefor, a Holder shall provide a statement in form acceptable for
recording certifying that the Grantor is in full compliance with the provisions hereof as relate
to that Holder, provided such Holder believes that the Grantor is so in compliance. Upon
receipt of a written request therefor, if a Holder shall believe that the Grantor is not so in
4
compliance, such Holder shall provide such a recordable certification specifying in detail the
section or sections hereof with which such Holder believes the Grantor not to be in
compliance. Any third party dealing with the Grantor may rely for all purposes on the truth
and completeness of such a certification of a Holder.
10. No Demolition. The Grantor shall not demolish any part of the Improvements or
substantially subtract from any real or personal property included within the Property except
in conjunction with construction of the Project on the Property or in conjunction with
renovation or rehabilitation of the Units or construction of a new affordable housing project
on the Property, in any such case subject to the prior written consent of the Holder, which
consent may be granted or withheld in a Holder's sole judgment; provided, however, that in
emergency circumstances upon fire or casualty damage, to protect against serious and
imminent harm to persons or property, such demolition or subtraction may be done without
such prior written consent, so long as the Grantor shall promptly thereafter notify the Holder
of same and use its best efforts to repair and restore the Units to substantially the same
condition as existed prior to the event causing such damage, destruction, demolition or
subtraction.
11. Casualty. The Grantor represents, warrants and agrees that if the Property, or any
part thereof, shall be damaged or destroyed, the Grantor (subject to the approval of the
lender(s) providing financing) will use its best efforts to repair and restore the Units to
substantially the same condition as existed prior to the event causing such damage or
destruction, and the Grantor represents, warrants and agrees that the Units shall thereafter
continue to operate in accordance with the terms of this Restriction.
12. Inspection. The Grantor hereby grants to the Holder and its duly authorized
representatives the right to enter the Property (a) at reasonable times and in a reasonable
manner for the purpose of inspecting the Property to determine compliance with this
Restriction or any other agreement between the Grantor and such Holder and (b) after thirty
(30) days' prior written notice, to take any reasonable and appropriate action under the
circumstances to cure any violation of the provisions of this Restriction. The notice referred
to in clause (b) shall include a clear description of the course and approximate cost of the
proposed cure.
13. Enforcement. This Restriction is for benefit of the Holder and, as such, the Holder
shall have the right to enforce its provisions. Upon violation by the Grantor of any of the
provisions of this Restriction that remains uncured for more than thirty (30) days after notice
thereof from any Holder (or for such longer period not to exceed thirty (30) days as shall be
reasonably required under the circumstances to cure such violation, provided that the Grantor
has commenced the cure of such violation within the initial thirty (30) day period and is
thereafter diligently pursuing the cure to completion), any Holder, at its option (without
liability to any party for failure to do so), may apply to any court of competent jurisdiction
for specific performance of this Restriction or an injunction against any violation of this
Restriction, or for such other relief as may be appropriate, since the injury arising from the
default under any of the terms of this Restriction would be irreparable and the amount of
damage would be difficult to ascertain and may not be compensable by money alone. In
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each such default notice, the Holder giving such notice shall specify the violation in question
and the actions such Holder believes are necessary and feasible to remedy such violation. No
waiver by a Holder of any breach of this Restriction shall be deemed a waiver of such breach
by any other Holder or a waiver of any other or subsequent breach. No act or omission by
any Holder, other than a writing signed by it waiving a breach by the Grantor in accordance
with the next Section hereof, shall constitute a waiver thereof. Any Holder shall be entitled
to recover from the Grantor all of such Holder's reasonable costs of an action for
enforcement of this Restriction, including reasonable attorneys' fees (including the time of
any in-house counsel of a Holder charged at the same rate as comparable outside attorneys).
By its acceptance of this Restriction, no Holder undertakes any liability or obligation relating
to the condition of the Property. Without limiting any other rights or remedies available to a
Holder, any transfer of all or any other portion of the Property in violation of the provisions
hereof, in the absence of a certification from the Holder approving, or waiving any
restrictions with respect to, the san1e, all as set forth above, shall, to the maximum extent
permitted by law, be voidable by any Holder, by suit in equity to enforce the restrictions
hereof.
14 Notices. Except for any notice required under applicable law to be given in a different
manner, any notice, request or other communication which any party hereto may be required
or may desire to give hereunder shall be made in writing, to the address set forth shall be
deemed to have been properly given if hand delivered, if sent by recognized overnight courier,
receipt confirmed, or if mailed by United States registered or certified mail, to the address of the
party set forth on page 1, above. Each party may designate a different address by notice in
writing to the other party. A notice sent by any of the foregoing methods shall be deemed given
upon documented receipt or refusal.
15. Successors and Assigns. This Restriction shall be binding upon the Grantor and its
successors and assigns, and shall burden the Property as specified herein. This Restriction
shall also bind the Holder, and shall inure to the benefit of its successors and assigns.
16. Severability; Construction. All rights, powers and remedies provided herein may be
exercised only to the extent that exercise thereof does not violate any applicable law, and are
intended to be limited to the extent necessary so that they will not render this Restriction
invalid, unenforceable or not entitled to be recorded, registered or filed under applicable law.
If any provision or part hereof shall be affected by such holding, the validity of other
provisions of this Restriction and of the balance of any provision held to be invalid, illegal or
unenforceable, in part only, shall in no way be affected thereby, and this Restriction shall be
construed as if such invalid, illegal, or unenforceable provision or part hereof had not been
contained herein. In the event of any actual or potential inconsistency between the terms of
this Restriction and any federal, state or local statutes and/or the regulations, such terms shall
be interpreted, to the extent reasonably possible, so as to reconcile any such inconsistencies.
If such provisions cannot reasonably be reconciled, the provisions of the statutes, the
regulations and this Restriction, in the foregoing order of priority, shall control.
17. Governing Law. This Restriction shall be governed by the laws of The
Commonwealth of Massachusetts. This Restriction are intended to be construed as a
restriction held by a governmental body with the benefit of Section 26 of Chapter 184 of the
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Massachusetts General Laws as ex1stmg as of the date hereof, such that the restrictions
contained herein shall not be limited in duration by any rule or operation of law, but rather
shall run for the full term thereof.
18. Recording. The Grantor, at its cost and expense, shall cause this Restriction and any
amendment hereto to be duly recorded with the Registry of Deeds (and if necessary or
appropriate, re-recorded), shall pay or cause to be paid all recording, filing, or other taxes,
fees and charges and shall comply with all such statutes and regulations as may be required
by law in order to establish, preserve and protect the ability of the Holder and its successors
and assigns to enforce this Restriction.
19. Further Assurances. The Holder is authorized to record or file any notices or
instruments appropriate to assuring the enforceability of this Restriction; and the Grantor on
behalf of itself and its successors and assigns appoints the Holder its attorney-in-fact to
execute, acknowledge and deliver any such instruments on its behalf. Without limiting the
foregoing, the Grantor and its successors and assigns agrees to execute any such instruments
upon request. The benefits of this Restriction shall be in gross and shall be assignable by any
Holder. The Grantor and the Holder intend that the restrictions arising hereunder take effect
upon the date hereof, and to the extent enforceability by any person ever depends upon the
approval of governmental officials, such approval when given shall relate back to the date
hereof regardless of the date of actual approval or the date of filing or recording of any
instrument evidencing such approval.
20. Counterparts. This Restriction may be executed in several counterparts, each of
which when executed and delivered shall be an original, but all of which together shall
constitute one instrument. In making proof of this Restriction, it shall not be necessary to
produce or account for more than one such counterpart executed by the party against whom
enforcement of this Restriction is sought.
21. Incorporation of Exhibits and Riders. Any and all exhibits and riders attached
hereto or otherwise referenced herein are hereby incorporated by reference, the same as if
each were fully set forth herein.
22. Amendment; Waiver. This Restriction may not be amended, nor may any obligation
hereunder be waived or released, without first obtaining the written consent of the Holder.
No documentary stamps are required as this Restriction is not being purchased by the Holder. "---P
Executed under seal as of this .qi! (~y of March, 2017.
FRIENDS OF HAMPSHIRE COUNTY HOMELESS INDIVIDUALS, INC.
a Massachusetts non-pro
By:~
Rick Hart
It's President
7
THE COMMONWEAL TH OF MASSACHUSETTS
Hampshire, ss
On this 20th day of March, 2017, before me, the undersigned notary public, personally
appeared Rick Hart, ro d to me through satisfactory evidence of identification, which was
I) o be the person whose name is signed on the preceding or attached
document, and acknow dged to me that he signed it voluntarily for its stated purpose and as the
free act and deed of Friends of Hampshire,~o·un·t· y ~:~eless Individuals, Inc .. f. )
7---/ 11 .. 4 ·~ ~ 1f;J~vz_,.Uf/7'i'"7{co<>' ~
Notary Public: /l(/'M/15 A. 111 .J::t<_fJ.f-.Jj)/j
My Commission Expires:
/lf;la:-:d /~ ,;z_c /9
8
EXHIBIT A
Affected Premises:
11 Hatfield St., Northampton, MA 0 I 060
Those certain tracts or parcels ofland, with the buildings thereon, situated in Northampton,
County of Hampshire, Massachusetts, and bounded and described as follows:
FIRST TRACT:
That tract ofland situate on the Southerly side of Hatfield Street, in said Northampton, bounded
as follows: Commencing at the Northwesterly comer of the lot hereby conveyed at a point on
the Southerly side of Hatfield Street one hundred and five (105) feet Easterly, as measured along
Hatfield Street, from the comer of Hatfield and Locust Streets; thence Easterly along said
Hatfield Street fifty (50) feet; thence Southerly one hundred and ten (110) feet to a point one
hundred and fifty (150) feet from Locust Street as measured at right angles to said Street; thence
Westerly fifty (50) feet and thence Northerly one hundred twenty-two (122) feet six (6) inches to
the place of beginning. The description hereby given is made from a plan marked "Plan of Lots
belonging to William A. Thompson, Northampton, Mass. March 301h, 1915, E. E. Davis, C.E.".
SECOND TRACT:
The land in Northampton on the Northeasterly side of Locust Street, bounded and described as
follows: Beginning on said Locust Street at an iron pin on line of land of one Blanchette; thence
Northwesterly along said Locust Street sixty (60) feet to an iron pin at land now or fonnerly of
Harry F. Hitchcock; thence running northeasterly along said land now or fonnerly of Harry F.
Hitchcock about one hundred (100) feet to land of Antonio Gazzillo; thence Southeasterly along
land of said Gazzillo sixty (60) feet to land of said Blanchette; thence Southwesterly along land
of said Blanchette one hundred (100) feet to the place of beginning.
For Grantor's Title Seed Deed recorded prior hereto ..
In City Council May 19,.2016
City of Northampton
Massachusetts
Upon the recommendation of The Community Preservation Committee
16.086
AN ORDER
To Use CPA Funds toward the purchase price of a house in Northampton up to eight units of housing
& support service for unaccompanied homeless youth.
Ordered, that:
WHEREAS, Friends of Hampshire County Homeless Individuals submitted an application for Community
Preservation Act funding for the Housing for Homeless Youth project. ·
WHEREAS, currenlly this population faces a gap in supportive housing services in Northampton and
. nearby despite being a high risk group.
WHEREAS, the Western Massachusetts Network to End Homelessness has declared unaccompanied
homeless youth a priority in its regional plan.
WHEREAS, CPA funds will leverage up to $475,000 of funds from olher sources.
WHEREAS, on April 20, 2016, the Northampton Communily Preservalion Committee, voted unanimously to
recommend that $275,000 in Community Preservation Act funds be used to support this
project.
WHEREAS, CPA funds will be used towards the purchase of the building, and operation will be turned over
to an experienced service organization for management.
NOW, THEREFORE BE IT ORDERED,
That $275,000 be appropriated from Community Preservation Act funding to Friends of Hampshire County
Homeless Individuals for the Housing for Homeless Youth project for creation of 6 to 8 affordable housing
units. And, that the grantee meets the conditions approved by the Community Preservation Committee, the
Mayor, and City Council.
Specifically, $150,000.10 is appropriated from the CPA Affordable Housing Reserve (account #2344930-
359933) and $124,999.90 is approprialed from the CPA Budgeted Reserve (account #2344930-359930).
16.086
Jn City Council, May 19. 2016
Passed Fi eading, on a Roll C
Attest ffi~~.L..-/.'-1:,,,4--t..."""-"'7.F---~
le of 7 Yes, 0 No, 1 Vacant, 1 Abstention (Councilor Murphy)
--1-~:.UU..~-4'-l.....:;.C::.,(,l::.~#--, Clerk of Council
Approved: David J. Narkewicz, Mayor
Rules suspended, passed two readings and enrolled
I hereby certify that the above Order passed the Northampton City Council on June 2, 2016
David J. Narke icz, Mayor approved e Order on June 3, 2016
16.086
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