Conveyance of said land is made subject to the following restrictions which shall run with the land, shall be binding upon successive owners thereof, and shall be for the benefit of and enforceable by the “Foundation” as follows: And subject to the Protective New Bedford Business Park Covenants, (sometimes herein referred to as the restrictions or restrictive covenants) imposed by the Foundation upon the Premises. These restrictions set forth below shall run with the land and be binding upon successive owners thereof, shall be for the benefit of and enforceable by (or waived in any particular instance by) the Foundation and shall be in effect for a period of 30 years from the execution date of the Deed and may be further extended for successive periods as provided herein:
- The first floor square footage of all the buildings on the Premises shall not exceed 40% of the total area of the Premises.
- All uses on a lot which include, but are not limited to, buildings, driveways, parking areas, impermeable surfaces etc. shall not cover more than 65% of the total area of the Premises.
- The conveyed parcel of land shall not be used or occupied at any time for any purpose other than the purpose of: Corporate Headquarters; Offices; Service Industries; Research & Development and Testing Laboratories and Facilities; Manufacturing; Processing; Wholesaling; Distribution; and Warehousing, which is in connection with on-site manufacturing, processing, wholesaling and distribution. The conveyed parcel of land can also be used for a Hotel, Restaurant, Day-Care Facility and Health Club.
- The architecture and type of construction, and the materials used therein, of all buildings and structures to be erected upon said land must be approved in writing by the Foundation. A certificate signed by the Chairman, Vice Chairman or Executive Director of the Foundation, in form suitable for recording, to the effect that these provisions have been complied with, duly recorded in the Registry, shall be conclusive evidence of such approval.
- An important aspect of the Foundation’s decision on whether or not to approve the new building plans or plans to expand an existing building of the applicant in Subsection “4” above shall be the attractiveness of the building and the associated landscaping plans including an initial and ongoing commitment for landscaping and upkeep to improve the appearance of the property such as special plantings and flowers, regular grass mowing and other maintenance actions to keep the appearance of the buildings and property in excellent condition..
- No use shall be made of the Premises which would be obnoxious, or which would create a nuisance, or which would be hazardous per se to other occupants of the Park or owners of real estate abutting the Business Park, or which would violate applicable state, federal or local laws, regulations or by laws, or which would adversely impact on the quality of the atmosphere of aquifers therein or nearby. No project may go forward which poses any significant risks, hazards or problems to the land in the Park, other companies in the Park or nearby residents to the Park such as: Fire; Explosion; Dust; Noise; Smoke; Odor; Unhealthy Air Emissions; Ground Water Contamination; Soil Contamination; Adverse Wetlands Impacts; Adverse Endangered Species Impacts; or Unsightly Operations.
- No building shall be erected within fifty (50) feet of any street line or lot line, and the area set back from the street line shall be kept appropriately landscaped and maintained in a professional and aesthetically pleasing manner.
- Buyer shall provide on-site parking sufficient for all employees and visitors and shall not permit such parking on the public ways. All parking shall be confined to the rear and sides of the building and shall be set back 50 feet or more from property lines. All parking areas shall be properly paved with asphalt or concrete material maintained and screened from view in such manner, as the Foundation shall, in its sole discretion, from time to time determine.
- All truck loading platforms or doors as well as rail-siding facilities shall be located at the rear of the building and screened from view in such manner as the Foundation shall, in its sole discretion, from time to time, determine.
- AU outside storage must be appropriately screened on all sides.
- No topsoil, sand, or gravel shall be removed from the said binds except for the purpose of building excavations and grading. Any topsoil, sand, or gravel removed for any purpose shall be disposed of in a lawful manner. Only borrow soil materials free of debris, roots and organic matter shall be permitted for use as fill. Topsoil shall be natural soil, typical of the locality, fertile and reasonably free from stones, weeds and clay.
- The Premises shall not be hereafter subdivided or resold without the prior written consent of the Foundation.
- No building, structure or any condition thereto, or any exterior alteration thereof, shall be erected or placed, and no parking area or driveway shall be constructed until the plans and specifications shall first have been approved in writing by Executive Director of the Foundation. The plans and specifications shall be prepared by a registered architect or engineer and shall include the following:
a – Site plans showing existing and proposed contours, site drainage, site utilities, building locations, driveways, parking and loading areas, walks, lighting, landscaping, etc.
b – Building plans, elevations and sections, including plans for all floor levels; general layout of interior spaces; elevations of all exterior facades (indicating heights, materials, finishes, and signs) typical building and wall sections showing nature of construction.
c – Outline specifications noting materials of construction, including paving and landscaping; size and species of plant materials as well as building materials. Upon receipt of adequate and sufficient plans and specifications, the Foundation shall within one (1) week after such receipt, notify the Buyer in writing of its approval or disapproval of such plans. Such approval, however, will be conditional upon certification by the Buyer or its representative that the same plans and specifications as submitted to the Foundation for approval have also been or will be submitted to the building inspector in application for a building permit.
- The building front must be primarily masonry and glass. The building sides must be masonry and glass or flat steel panels with concealed fasteners. The back of the building may be any material.
- No billboards or advertising signs, other than those Identifying the main business and products of the firms occupying the premises shall be permitted in the New Bedford Business Park. All such signs shall be approved by the Foundation. No un-shaded, flashing or open lights shall be allowed on such signs.
- To avoid further traffic congestion at the entrance to the Park around 7 a.m. and 3 p.m., the Company shall begin its first shift outside of the 6:50 -7:10 a.m. time window and end its first shift outside of the 2:50 – 3:10 p.m. time window.
- The owner of the conveyed Parcel of land shall pay to the Greater New Bedford Industrial Foundation a quarterly payment of about $600, which is likely to increase in the future, to help cover the costs of the Park’s Maintenance and Security Patrol Service.
- By a date three (3) months after the closing, Buyer shall have commenced, and shall thereafter proceed with dispatch and use reasonable diligence in the construction of a building upon the Premises to be conveyed.
- Subject to the foregoing, if Buyer shall not have completed construction of one proposed building on the premises to be conveyed by twelve (12) months after Closing, it shall, within thirty (30) days of said date, offer to re-convey said premises to the Foundation for the price of plus the actual cost of construction completed to date. If the Foundation within thirty (30) days after receipt of said offer, does not accept the same, Buyer may retain said premises free of the limitations and agreements contained in this paragraph and/or sell said premises to whomever it wishes.
- Any re-conveyance of the Premises to the Foundation pursuant to the provisions hereof shall be by a good and sufficient quitclaim deed, conveying a good and clear record and marketable title to the same free from all encumbrances except those set forth herein and; and upon such re-conveyance, the restrictions and obligations imposed upon Buyer set forth herein shall lapse and be of no further force and effect.
- The Foundation shall have the right to bring proceedings at law or equity against the party or parties violating or attempting to violate the conditions, covenants, restrictions and reservations contained herein, to enjoin them from so doing and to cause any such violation to be remedied, after written notice to the owner and mortgagees of record. Every act, omission to act, or condition which violates the terms of these Protective New Bedford Business Park Covenants shall constitute a nuisance and every remedy available at law or in equity for the abatement of public or private nuisance shall be available to the Foundation.
- These covenants and restrictions are intended to constitute a common scheme of restrictions running with the land of the Premises and to be effective and enforceable under the provisions of General Laws Chapter 184, Section 26 et seq., as same may be amended from time to time.
- The Foundation and its successors and assigns reserve the right to extend the restrictions recited in Paragraphs 1-20 hereof for successive periods of not more than 20 years each from the execution date of the Deed contemplated herein (after the expiration of the initial 30 year period of restriction) so long as the same may be a benefit to the Foundation. Such extension of said restrictions shall be set forth on a Notice of Restrictions and shall:
1 – Be signed by the Chairman (or successor position), the Foundation being entitled of record to the benefit of the restrictions; and
2 – Describe the benefited land of the Foundation; and
3 – Describe the Premises; and
4 – Name the Foundation as having previously owned the Premises; and
5 – Specify the deed imposing the prior restrictions (as set forth herein and in said deed) and its place of record in the public records; and
6 – Be indexed and marginally referred as required by Massachusetts General Laws Chapter 184, Section 29; and
7 – Be recorded in the Registry before the expiration of 30 years of the private restrictions contemplated herein; and
8 – Thereafter, be recorded in said Registry before the expiration of 20 years preceding the filing of a further notice of restriction which is not to exceed 20 years.
This paragraph shall be deemed amended, from time to time, to the extent necessary, to comply with Association Title Standard No. 52 Extension of Restriction and Massachusetts General Laws Chapter 184, Sections 27 and 29, as same may be amended from time to time.
- The Foundation may prosecute proceedings at law against Buyer for violating or attempting to violate the provisions hereof either to restrain violation or to recover damages. The failure of the Foundation to enforce any restrictions, regulations, covenants or provisions hereof shall not be deemed to be a waiver of the right to do so thereafter as to the same breach or to one occurring prior or subsequent thereto.
- If any provision hereof or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Section 5 or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
- The Foundation agrees for itself and its successors in interest to the Premises benefited by these restrictive covenants timely execute such documents and take such action, including the surrender of certificates of title, if any, for notation thereon as shall be necessary to cause such notices of restriction to be effective and enforceable under the applicable statutes.
- These covenants and restrictions may be amended solely by the Foundation, its successors and assigns, at any time or from time to time and such amendment shall become effective upon recording. Any such subsequent amendment which would affect a parcel of land owned by a prior grantee, shall not be binding until said amendment has been assented to in writing by such prior grantee.
Restrictions may vary and are parcel specific. Please refer to the individual parcel deed and consult legal council for the most accurate information regarding deed restricts.
1213 Purchase Street
New Bedford, MA 02740