Declaration, Adams Mill River Stamford, CT

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KNOW YE, that CITIBANK, NA. a national association, as successor by merger to Citibank, c, 9
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FSB, with an office and place of business at 750 Washington Boulevard, 7th Floor, City of Stamford, cc
County of Fairfield and State of Connecticut ("RELEASOR") does hereby release and discharge the
following:
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a. The lien of a certain mortgage in favor of Releasor in the principal amount of ç,c
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$3,600,000.00 from Adams Mill River Associates, LLC dated July 1, 2005 and recorded 0)
July 5, 2005 in Book 8143 at Page 246 of the Stamford Land Records as modified by that
certain Mortgage Modification Agreement dated November 9; 2005 and recorded Z
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November 10, 2005 in Book 8326 at Page 4 of the Stamford Land Records; 6)
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b. The lien of a certain Assignment of Leases and Rentals between said parties, dated July
1, 2005 and recorded July 5, 2005 in Book 8143 at Page 281 of the Stamford Land
Records; and C)
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UCC-l financing statement said parties, recorded July 5, C,
c. The lien of a U'
2005 in Book 8143 at Page 281 of the Stamford Land Records.
to which reference may be had.

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IN WITNESS WHEREOF, RELEASOR, has hereunto set its corporate name and affixed its corporate Ce,
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seal, this 27" day of April, 2007.
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Signed, Sealed and Delivered

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By:
Kelly A. M&loy, WI its Vice President
P Ia Hoilywoc Huzina, itness
STATE OF CONNECTICUT
as.: Stamford April 27, 2007
COUNTY OF FAIRFIELD
Personally appeared CITIBANK, NA. by Rhonda Leone, its Vice President signer and sealer of
the foregoing instrument, and acknowledged the same to be her free act and deed, and the free act and
deed of said national association, before me.
Kelly A. olloy /'

Commissioner of4ie Superior Court
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Book89l3JPág.ei Page 1 of 1
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110111 III iii U 01 1111$ 11W IMP II
B LOCK I 2007909150
INSTR
VOL 0697 PG 0002
RECORDED 05/01/2007 NI
DONNA M LOGLISCI
CITY & TOWN CLERK STANFORD CT
BLOCK
DECLARATION OF
ADAMS MILL RWER HOUSE CONDOMINIUMS
A Condominium Common Interest Community
Stamford, Connecticut
Declared By:
Adams Mill River Associates, LLC

35 West Broad Street, Suite I
Stamford, CT 06902
Prepared By:
Sandak Hennessey & Greco LEt'

707 Summer Street
Stamford, CT 06901
Book8973IPage2 Page 1 of 114

DECLARATION
OF
ADAMS MILL RIVER HOUSE CONDOMIMUMS
TABLE OF CONTENTS
ARTICLE I - Defmitions
Section 1.01 —Act

Section 1.02 — Allocated Interests
Section 1.03 — Association
Section 1.04 — Bylaws
Section 1.05 — Common Elements
Section 1.06 — Common Expenses
Section 1.07 — Common Interest Community
Section 1.08— Declarant
Section 1.09 — Declaration
Section 1.10 — Development Rights
Section 1.11 — Director
Section 1.12 — Documents
Section 1.13 — Eligible Insurer
Section 1.14 — Eligible Mortgagee
Section 1.15 — Executive Board
Section 1.16 — Improvements
Section 1.17 — Limited Common Elements
Section 1.18— Majority or Majority of Unit Owners
Section 1.19— Manager
Section 1.20 — Notice and Hearing
Section 1.21 — Person
Section 1.22 — Plans
Section 1.23 - Property
Section 1.24 — Rules and Regulations
Section 1.25 — Security Interest
Section 1.26- Survey
Section 1.27 — Unit
Section 1.28 — Unit Owner
Section 1.29 — Votes
Section 1.30 — Zoning Board Approval
BookB973IPage3 Page 2 of 114

ARTICLE 11—Name and Type of Common Interest Community and
Association
Section 2.01 — Common Interest Community

Section 2.02 — Association
ARTICLE III — Description of Land
ARTICLE IV — Maximum Number of Units: Identification

And Boundaries
Section 4.01 — Number of Units

Section 4.02 — identification of Units
Section 4.03 — Boundaries
ARTICLE V - Limited Common Elements
ARTICLE VT—Maintenance, Repair and Replacement
Section 6.01 — Common Elements

Section 6.02— Units
Section 6.03 — Limited Common Elements
Section 6.04 — Access
Section 6.05 — Repairs Resulting from Negligence
Section 6.06 — Restoration of Common Elements
ARTICLE VII— Subsequently Allocated Limited Common Elements
ARTICLE VIII — Development RiEhts and Special Declarant Rights
Section 8.01 — Reservation of Development Rights

Section 8,02 — Limitations on Development Rights
Section 8.03— Phasing of Development Rights
Section 8.04 — Declarant Control of the Association
Section 8.05 — Special Declarant Rights
Section 8.06 — Models, Sales Offices and Management Offices
Section 8,07 — Construction; Declarant's Easement
Section 8.08 — Declarant's Personal Property
Section 8.09 — Limitations on Special Declarant Rights
Section 8.10— Interference with Special Declarant Rights
or Development Rights
Section 8.11 — Signs and Marketing
Section 8.12— Action Detrimental to Sales
Book8973/Page4 Page 3 of 114

ARTICLE IX — Allocated Interests
Section 9.01 — Allocation of Interests

Section 9.02 — Formulas for the Allocation of Interests
ARTICLE X — Restrictions on Use, Alienation or Occupancy
Section 10,01 —Use and Occupancy Restrictions

Section 10.02— Restrictions on Alienation
ARTICLE XI— Easements and Licenses
ARTTCLE XII — Allocation and Reallocation of Limited

Common Elements
Section 12.01 — Allocation of Limited Common Elements Not

Previously Allocated
Section 12.02 — Reallocation of Depicted Limited Common Elements
ARTICLE Xlii — Additions. Alterations and Improvements
Section 13.01 — Additions, Alterations and Improvements by

Unit Owners
ARTICLE XIV- Relocation of Boundaries Between

Adjoining Units
Section 14.01 — Prohibition Against Reallocating Boundaries

Section 14.02— Boundaries, Sound and Vibration Transmission
ARTICLE XV — Amendments to Declaration
Section 15.01 - General

Section 15.02 — Limitation of Challenges
Section 15.03 — Recordation of Amendments
Section 15.04 — When Unanimous Consent Required
Section 15.05 — Execution of Amendments
Section 15.06— Special Declarant Rights
Section 15.07— Consent of Holders of Security Interests
ARTICLE XVI — Amendments to Bylaws
ARTICLE XVII- Termination

ARTICLE XVIII— Protection
Section 18.01 - Introduction

Section 18.02 —Percentage of Eligible Mortgages
Section 18.03—Notice of Actions
Section 18.04 — Consent Required
Section 18.05 — Inspection of Books
Section 18.06 — Financial Statements
Section 18.07— Enforcement
Section 18.08— Attendance at Meetings
Section 18.09 — Development Rights
ARTICLE XIX — Assessment and Collection of Common Exnenses
Section 19.01 — Definition of Common Expenses

Section 19.02 — Apportionment of Common Expenses
Section 19.03— Common Expenses Attributable to Fewer than
AU Units
Section 19.04— Lien
Section 19.05 — Budget Adoption and Ratification
Section 19.06 — Ratification of Non-budgeted Common Expense
Assessments
Section 19.07— Certificate of Payment of Common Expense Assessments
Section 19.08— Monthly Payment of Common Expenses
Section 19.09 — Acceleration of Common Expense Assessments
Section 19.10 — Commencement of Common Expense Assessments
Section 19.1 1 — No Waiver of Liability for Common Expenses
Section 19.12 — Personal Liability of Unit Owners
ARTICLE XX — Right to Assian Future Income
ARTICLE XXI — Persons and Units Subject to Documents
Section 21.01 — Compliance with Documents

Section 21.02— Adoption of Rules
ARTICLE XXII — Insurance
Section 22.01 — Coverage

Section 22.02— Liability Insurance
Section 22.03 — Property Insurance
Section 22.04— Unit Owner Policies
Section 22.05 — Fidelity Bonds
Section 22.06 — Worker's Compensation Insurance
Book8973fPage6 Page 5 of 114

Section Director's and Officer's Liability Insurance
Section 22.08— Flood Insurance
Section 22.09 — Other Insurance
Section 22.10— Premiums
ARTICLE XXIII — Damage to or Destruction of Pronertv
Section 23.01 — Duty to Repair or Restore

Section 23.02— Cost
Section 23.03— Plans
Section 23.04— Replacement of Less Than Entire
Section 23.05 — Insurance Proceeds
Section 23.06 — Certificate by the Executive Board
Section 23.07— Certificates by Attorneys
ARTICLE XXIV— Rights to Notice and Comment;

Notice and Hearing
Section 24.01 — Right to Notice and Comment

Section 24.02— Right to Notice and Hearing
Section 24.03 — Appeals
ARTICLE XXV — Executive Board
Section 25.01 — Minutes of Executive Board Meetings

Section 25.02 — Powers and Duties
Section 25.03 — Executive Board Limitations
ARTICLE XXVI - Condemnation
ARTICLE XXVII— Miscellaneous
Section 27.01 — Captions

Section 27.02— Gender
Section 27.03 — Waiver
Section 27.04— Invalidity
Section 27.05— Conflict
Section 27.06 — Execution of Documents
Section 27.07— Successors and Future Owners
Section 27.08 —Alternative Dispute Resolution
Section 27.09 — Dispute ResolutioriiDeclarantlContractor/Architect

SCHEDULES TO DECLARATION
A-i Description of Land
A-2 Table of Allocated Interests
A-3 The Survey
A-4 The Plans
3ook8973/Page8 Page 7 of 114

DECLARATION OF ADAMS MILL RiVER HOUSE CONDOMINIUMS
ADAMS MILL RIVER HOUSE ASSOCIATES, LLC, a Connecticut limited liability

company with an office at 35 West Broad Street, Suite I, Stamford, Connecticut acting
herein by
Stiliwater Investment Management, Corp., its Manager, duly authorized does hereby
submit the real property in the City of Stamford, Connecticut described in Schedule A-i
to the provisions of the Common Interest Ownership Act, Conn. Gen. Stat. Ann, § 47-200
through § 47-293, as amended, for the purpose of creating the Adams Mill River House
Condominiums,
ARTICLE I
Definitions
In the Documents (as defined herein), the following words and phrases shall have the
following meanings:
Section 1.01 The Common Interest Ownership Act Chapter 828, of the
Connecticut General Statutes Annotated as it may be amended from time to time.
Section 1.02 — Allocated Interests. The undivided interest in the Common Elements,
the Common Expense liability and votes in the Association, allocated to the Units in the
Common interest Community. The Allocated Interests are described in Article IX of this
Declaration and shown on Schedule A-2, as that schedule may be amended from time to
time.
Section 1.03 — Association. Adams Mill River House Condominium Association, Inc. a
non-stock Connecticut corporation governed by a Board of Directors. It is the
Association of Unit Owners pursuant to Section 47-243 of the Act.
Section 1.04 — Bylaws. The Bylaws of the Association, as they may be amended from
time to time.
Section 1.05 — Common Elements. All portions of the Common Interest Community
other than the Units.
Section 1.06 — Common Expenses. The expenses for the operation of the Common
Interest Community as set forth in Section XIX of this Declaration.
Section 1.07— Common Interest Community. Adams Mill River House

Condominiums.
Section 1.08— Declarant. ADAMS MILL RIVER ASSOCIATES, LLC.
Section 1.09 — Declaration. This document, including any amendments.

Section 1.10 — Development Rights. The rights, if any, reserved by the Declarant under
Section VIII of this Declaration.
Section 1.11 — Director. A member of the Executive Board.
Section 1.12 — Documents. This Declaration, Survey and Plans, if any, recorded and
filed pursuant to the provisions of the Act, the Bylaws, and the Rules as they may be
amended from time to time. Any exhibit, schedule, or certification accompanying a
Document is a part of the Document.
Section 1.13 — Eligible Insurer. An insurer or guarantor of a first Security Interest in a

Unit which has notified the Association in writing of its name and address and that it has
insured or guaranteed a first Security Interest in a Unit. Such notice shall be deemed to
include a request that the Eligible Insurer be given the notices and other rights described
in Article XXII of the Declaration.
Section 1.14— Eligible Mortgagee. The holder of a first Security Interest in a Unit
which has notified the Association, in writing, of its name and address, and that it holds a
first Security Interest in a Unit. Such notice shall be deemed to include a request that the
Eligible Mortgagee be given the notices and other rights described in Article XVIII of the
Declaration.
Section 1.15 - Executive Board. The Board of Directors of the Association.
Section 1.16 — Improvements. Any construction or facilities existing or to be

constructed on the land included in the Common Interest Community or land which may
be added to the Common Interest Community, including but not limited to, buildings,
trees and shrubbery planted by the Declarant or the Association, paving, garage, utility
wires, pipes, conduits, and light poles.
Section 1.17 — Limited Common Elements. A portion of the Common Elements

allocated by the Declaration or by the operation of Subsection (2) or (4) of Section 47-
221 of the Act for the exclusive use of one or more but fewer than all of the Units. The
Limited Common Elements in the Common Interest Community are described in Article
V of this Declaration.
Section 1.18—Majority or Majority of Unit Owners. The owners of more than 50% of
the Votes in the Association. Any specified percentage, portion or fraction of Unit
Owners, unless otherwise stated in the Documents, means such percentage, portion or
fraction in the aggregate of such portion of Votes.
Section 1.19— Manager. A person, firm or corporation employed or engaged to perform

management services for the Common Interest Community and the Association.
Book8973/PagelO Page 9 of 114

Section 1.20 — Notice and Hearing. The right of a Unit Owner to receive notice of an
action proposed to be taken by the Association and the right to be heard thereon, The
procedures for Notice and Hearing are set forth in Section XXIV of this Declaration.
Section 1.21 — Person. An individual, corporation, business trust, estate, trust,

partnership, association, joint venture, govetnment subdivision or agency, or other legal
or commercial entity.
Section 1.22— Plans, The plans, if any, filed with Declaration as Schedule A-4, as they
may be amended from time to time.
Section 1.23 — Property. The land, together with all Improvements, easements, rights
and appurtenances, thereon, which have been submitted to the provisions of the Act by
this Declaration.
Section 1.24 — Rules and Regulations. Rules for the use of Units and Common
Elements and for the conduct of Persons within the Common Interest Community,
adopted by the Executive Board pursuant to this Declaration or the Bylaws.
Section 1.25 — Security Interest. An interest in real property or personal property,

created by contract or conveyance, which secures payment or performance of an
obligation. The term includes a lien created by a mortgage, deed of trust, trust deed,
security deed, contract for deed, land sales contract, lease intended as security,
assignment of lease or rents intended as security, pledge of an ownership interest in the
Association, and any other consensual lien or title retention contract intended as security
for an obligation.
Section 1.26— Survey. The survey filed with this Declaration as Schedule A-3, as it may
be amended from time to lime.
Section 1.27 —Unit. A physical portion of the Common Interest Community designated
for separate ownership or occupancy, the boundaries of which are described in Section
4.03 of this Declaration and shown on the survey. The Units are numbered on the Plans.
Notwithstanding the foregoing, the definition of Unit excludes those portions of wires,
pipes, conduits, and other fixtures, which are located in a Unit but which service solely
another Unit, or part of the Common Elements. A Unit is a "Unit" as defined in Section
47-202 (31) of the Act.
Section 1,28 — Unit Owner. The Declarant or other Person who owns a Unit, or an
ownership interest in a Unit. Unit Owner does not include a Person having an interest in
a Unit solely as security for an obligation. The Declarant is the initial owner of any Unit
created by this Declaration. A Unit Owner is a "Unit Owner" as defined in Section 47-
202 (32) of the Act.
Section 1.29 — Votes. The Votes allocated to each Unit as shown on Schedule A-2, as
may be amended from time to time.
Book8973/Pagell Page 10 of 114

Section 1.30 — Zoning Board ApDroval. The Stamford Zoning Board Notice to develop
the Community as a Condominium. A copy of the Zoning Board Approval is attached to
the Public Offering Statement as Exhibit F.
ARTICLE H
Name and Type of Common Interest Community and Association
Section 2.01 — Common Interest Community.The name of the Common Interest

Community is Adams Mill River House Condominiums. The Common Interest
Community established by this Declaration is a condominium.
Section 2.02 — Association. The name of the Association is Adams Mill River House
Condominium Association, Inc. organized under the laws of the State of Connecticut as
an incorporated association.
ARTICLE ifi
Description of Land
The Common Interest Community is situated in the City of Stamford, Connecticut, and is
located on land described in Schedule A- 1.
ARTICLE IV
Maximum Number of Units, Identification and Boundaries
Section 4.01 — Number of Units. The Common Interest community presently contains
sixty (60) Residential Units, which is the maximum number of Units in the Community.
Seven (7) Residential Units will be Below Market Units as described in the Zoning
Approval Letter Exhibit F Public Offering Statement and the Draft Affordability Plan
attached hereto as Exhibit H Public Offering Statement.
Section 4.02 — Identification of Units. All Units are identified by number and are
shown on the Plans.
Section 4.03 — Boundaries. The boundaries of each Unit created by this Declaration are
located and numbered as shown on the Survey and Plans.
(a) The boundaries of each Unit are more particularly described as follows:
(i) Interior walls; ceilings, floors; windows; and exterior doors

are designated as boundaries of a Unit. All lath, furring, paneling,
tiles, wallpaper, paint, finished flooring and any other materials
constituting any part of the finished surfaces thereof are a part of
the Unit, and all other portions of the walls, floors, windows,
exterior doors and ceilings are a part of the Common Elements.
Book8973/Pagel2 Page 11 of 114

Wall board, drywall and sheetrock are part of the common
elements for fire rating purposes;
(ii) Inclusions: Each Unit shall include the spaces and improvements
lying within the boundaries described in Subsection 4.03(a)(i)
above, and conduits situated in the perimeter walls the Unit
serving only that Unit; and
(iii) Exclusions: Except when specifically included by other provisions

of Section 4.03(1), the following are excluded from each Unit. The
spaces and Improvements lying outside of the boundaries
described in Subsection 4.03(a)(i) above; and all chutes, pipes,
flues, ducts, wires, conduits, and other facilities running through
any interior wall or partition for the purpose of fUrnishing utility
and similar services to other Units or Common Elements or both.
(b) Inconsistency with Survey and Plans: If this definition is inconsistent with the
Survey and.Plans, then this defmition shall control.
ARTICLE V
Limited Common Elements
The following portions of the Common Elements are Limited Common Elements
assigned to the Units as stated:
(a) If any chute, flue, pipe, duct, wire, conduit, or any other fixture lies outside
the designated boundaries of a Unit, any portion thereof serving only that Unit
is a Limited Common Element, the use of which is limited to that Unit, and
any portion thereof serving more than one Unit or any portion of the Common
Elements is a part of the Common Elements;
(b) All porches, balconies, doorsteps, stoops, exterior windows and doors to Units
and other fixtures designated to serve a single Unit, but located outside the
Unit's boundaries, are Limited Common Elements allocated exclusively to
that Unit and their use is limited to that Unit;
(c) Any space heating, water heating and all electrical switches, television,
telephone, and electrical receptacles and light switches serving one Unit
exclusively, are Limited common Elements allocated exclusively to that Unit
and their use is limited to that Unit;
(d) Stoops and steps at the entrances to the building contrary to the Units (the
"Building") which provide access to less than all Units;
(e) Any stairways, the use of which is limited to certain Units;

(f) Utility areas, the use of which is limited to certain Units;
(g) Mailboxes are Limited Common Elements, allocated to the Unit designated
on such mailboxes; and
(h) Walls, drywall, sheetrock and wall board are limited common elements for
that particular unit and may not be altered or modified.
(i) Subsequently allocated parking spaces. Unit owners shall not be responsible
for maintaining parking spaces and the garage. Said maintenance shall be part
of the Common Charges.
As to each of the foregoing, a right of use is reserved as an appurtenance to the particular

Unit or Units as described above. The fee ownership of the Limited Common Elements,
however, is vested in all of the Unit Owners.
ARTICLE W
Maintenance, Repair and Replacement
Section 6.01 — Common Elements. The Association shall maintain, repair and replace
all of the Common Elements, except any portions of the Limited Common Elements
which maybe required by this Declaration to be maintained, repaired or replaced by the
Unit Owners.
Section 6.02 — Unit Owner Responsibilities. Each Unit Owner shall be responsible for
the maintenance, repair and gas replacement, at his or her expense, all portions of his or
her Unit.
Section 6.03 — Limited Common Elements. Each Unit Owner shall be responsible for
the maintenance, repair and replacement of his or her Limited Common Elements
described in this Declaration. Repair of balconies, porches, stoops, parking spaces and
windows shall be a common expense except in the event of abuse or neglect by a Unit
Owner.
Section 6.04 — Access. Any person authorized by the Executive Board shall have the
right of access to all portions of the Property for the purpose of (1) conecting any
condition threatening a Unit or the Common Elements, (ii) performing installations,
alterations or repairs, and (iii) reading, repairing or replacing utility meters and related
pipes, wires, valves and equipment, provided that requests for entry are made in advance,
and that any such entry is at a time reasonably convenient to the affected Unit Owner. In
case of an emergency, no such request or notice is required and such right of entry shall
be immediate, whether or not the Unit Owner is present at the time.
Book8973/Pagel4 Page 13of114

Section 6.05 — Repairs Resulting From Negligence. Each Unit Owner shall reimburse
the Association for any damage to any other Unit or the Common Elements caused
intentionally, negligently or by his or her failure to properly maintain, repair or make
replacements to his or her Unit. The Association shall be responsible for damage to Units
caused intentionally or negligently or by its failure to maintain, repair or make
replacements to the Common Elements.
Section 6.06 — Restoration of Common Elements. In the event that a Unit Owner
disturbs the Common Elements while performing work on his or her Unit, then the Unit
Owner shall restore the Common Elements, at the Unit Owner's sole expense, as nearly
as possible to the same condition that existed prior to such disturbance.
ARTICLE VU
Subsequently Allocated Limited Common Elements
Those portions of the Common Elements shown as parking spaces on the Plans
may be subsequently allocated as Limited Common Elements in accordance with Section
8,01 and Section 12.01 of this Declaration. One (1) parking space shall be allocated to
Purchasers in the Purchase and Sales Agreement and in the Warranty Deed.
ARTICLE VIII
Development Rigbts and Other Special Declarant Rkhts
Section 8.01 — Reservation of Development Rights. The Declarant reserves the

following Development Rights:
(a) The right to subdivide Units or convert Units into Common Elements;
(b) The right to allocate as Limited Common Elements parking spaces as

shown on the Survey and Plans and to allocate same to particular Units;
(c) The right to add Units, Common Elements and Limited Common
Elements and to construct Improvements in any portion of the Common Interest
Community identified on the Survey as an area in which "Development Rights Reserved
in this Area."; and
(d) The right to install, replace and/or repair utility lines (as used herein, the
tenns "utility lines" or "utilities" are deemed to include electricity, gas, water, sanitary
sewers, telephone, and cable TV), drainage pipes, wires, ducts, conduits and other
improvements, facilities and roads in any portion of the Common Interest Community for
the purpose of (i) furnishing utilities and other services to Buildings and Improvements
utilities and other services to Buildings and Improvements existing or to be constructed
on the Properly and (ii) facilitating the construction, development and maintenance of the
Common Interest Community, drainage and other services to Buildings and
Improvements to be constructed within the Community. The Declarant also reserves the
right to grant easements to utility companies to convey Improvements within those
Book8973/Pagel5 Page 14of114

easements anywhere in the Common Interest Community for the above mentioned
purposes.
(e) The right to allocate, as Limited Common Elements, storage rooms to less
than all of the Unit Owners for consideration.
Section 8.02 — Limitations on Development Rights, The Development Rights reserved

in Section 8.01 are limited as follows:
(a) The Development Rights may be exercised at any time, but not more than
seven (7) years after the recording of the initial Declaration;
(b) The quality of construction of any future Buildings and Improvements of

the Property shall be consistent with the quality of those constructed pursuant to this
Declaration as initially recorded; and
(c) No Development Rights may be exercised unless approved pursuant to

Section 18.09 of this Declaration.
Section 8.03 Phasing of Development Rights. No assurances are made by the

Declarant regarding the portions of the areas shown as "Development Rights Reserved in
this Area" on the Plans and Survey as to the portions where the Declarant well exercised
its Development Rights or the order in which such portions, or all of the areas, will be
developed. The exercise of development rights as to some portions will not obligate the
Declarant to exercise them as to other portions.
Section 8.04 — Declarant Control of the Association.
(a) Subject to Subsection (b): There shall be a period of Declarant control of

the Association, during which the Declarant, or persons designated by it, may appoint and
remove the officers and members of the Executive Board. The period of Declarant
control terminates no later than the earlier of: (I) sixty days after conveyance of sixty
(60%) percent of the Units that may be created to Unit Owners other than a Declarant; (2)
t*o years after all Declarants have ceased to offer Units for sale in the ordinary course of
business; or (3) two years after any right to add new Units was last exercised;
A Declarant may voluntarily surrender the right to appoint and remove

officers and members of the Executive Board before termination of that period, but in
that event the Declarant may require, for the duration of the period of Declarant control,
that specified actions of the Association or Executive Board as described in a recorded
instrument executed by the Declarant, be approved by the Declarant before they become
effective.
(b) Not later than sixty (60) days after conveyance of one of the Units to Unit
Owners other than a Declarant, at least one member of the Executive Board shall be
elected by Unit Owners other than the Declarant; and

(c) Not later than the termination of any period of Declarant control the Unit
Owners shall elect all members of the Executive Board. The Executive Board shall elect
the officers. The Executive Board members and officers shall take office upon election.
Section 8.05 — Special Declarant Rights. The Declarant reserves the following Special
Declarant Rights, to the maximum extent permitted by law, which may be exercised
where applicable, anywhere within the Common Interest Community,
(a) To complete Improvements indicated on the Survey and/or Plans filed with
this Declaration;
(b) To maintain signs advertising the Common Interest Community models, sales
offices, and management offices;
(c) To use easements through the Common Interest Community for the purpose
of making Improvements within the Common Interest Community;
(d) To exercise any Development Rights reserved in this Declaration; and
(e) To appoint or remove any officer of the Association or any member of the
Executive Board during any period of Declarant control subject to the
provisions of Section 8.04 of this Declaration.
Section 8.06 — Models, Sales Offices and Management Offices. As long as the
Declarant is a Unit Owner, the Declarant and his duly authorized agents, representatives
and employees may maintain any Unit owned by the Declarant, or any portion of the
Common Elements, as a model Unit or sales office or management office. This
Declaration does not limit the number, size, location or relocation of model units, sales
offices or management offices, which the Declarant may have on the Property.
Section 8.07 — Construction: Declarants Easement- The Declarant reserves the right
to: (i) perform warranty work, repairs, and construction work; (ii) store materials in
secure areas in Units and the Common Elements, (iii) control all such work and repairs.
The Declarant also reserves the right to access to all such work and repairs until its
completion. The Declarant may perform any and all work areas without the consent or
approval of the Executive Board. The Declarant has such an easement through the
Common Elements as may be reasonably necessary for the purpose of discharging the
Declarant's obligations or exercising Special Declarant Rights, whether arising under the
Act or reserved in this Declaration.
Section 8.08 — Deelarant's Personal Property. The Declarant reserves the right to
retain all personal property and equipment used in the sales, management construction
and maintenance of the Property that had not been represented as property of the
Association. The Declarant reserves the right to remove from the Property any and all
BookB973fPagel7 Page 16 of 114

goods and improvements use in development, marketing and construction, whether or not
they have become fixtures.
Section 8.09 — Limitations on Stiecial fleclarant Rights- Unless sooner terminated by

a recorded instrument executed by the Declarant, any Special Declarant Rights may be
exercised by the Declarant until the earlier of the following: a) so long as the Declarant
is obligated under any warranty or obligation, owns any Unit, holds any Security Interest
in any Unit, or holds a Development Right to create additional Units of Common
Elements add real property to the Common Interest Community or b) for twenty (20)
years after recording the Declaration, whichever is latest. Earlier termination of certain
rights may occur by statute.
Section 8.10 — Interference with Special Declarant's Rights. Neither the Association
nor any Unit Owner may take any action or adopt any rule that will interfere with or
diminish any Special Declarant Right or Development without the prior written consent
of the Declarant.
Section 8,11 — Signs and Marketing. The Declarant reserves the right to post signs and
displays in the Common Elements to promote sales of Units, and to conduct general sales
activities in a manner as will not unreasonably disturb the rights of Unit Owners.
Section 8.12 — Actions Detrimental to Sales. So long as the Declarant owns any Unit or
any interest in any Unit, no action may be taken by the Association that would be
detrimental to the sales of Units by the Declarant or the sales of interests in Units,
without written agreement by the Deciarant; provided that an increase in assessments for
Common Expenses or the imposition of any special assessments without discrimination
against the Declarant shall not be deemed to be detrimental to the sale of Units. The
foregoing sentence shall not abrogate any rights of the association or the Unit Owners
which are expressly granted by statute or this Declaration.
ARTICLE IX
Allocated Interests
Section 9.01 — Allocation of Interests. The table showing Unit numbers and their
allocated interests is attached as Schedule A-2 as shown on the Plans. These interests
have been allocated in accordance with the formula set forth in this Article. These
formulas are to be used in allocating and reallocating interests, and shall be effective
upon recordation of this Declaration or any amendment to this Declaration creating
additional Units.
Section 9.02— Formulas for the Allocation of Interests. The Interests allocated to each
Unit have been calculated on the following formula:
(a) Undivided Interest in the Common Elements. The percentage of the

undivided interest in the Common Elements allocated to each Unit as described
on Schedule A-2. The percentage of undivided interest has been calculated on the
10
8ook8973/PagelB Page l7of 114

basis of the proportion of the square footage of each Unit bears to the total square
footage of all the Units. The EMIt Affordable Units are approximately one-half
(1/2) of the interest allocated to market rate units. The difference has then been
reallocated equally to the market rate units.
(b) Share of Liability for the Common Exoenses. The share of liability of
Common Expenses attributable to each Unit shall be determined on the basis of
the following formula:
Square footage of the % of liability of

Unit set forth on the Plans Common Expenses
Total square footage of all
Units set forth on the Plans Plus equal reallocation to
Market Rate Units of
one-half (1/2) of the
percentage allocated to EMIt
Affordable Units.
(c) Votes. Each Unit in the Common Interest Community, shall have one
equal vote. Any specified percentage, portion, fraction or Unit Owners, unless
otherwise stated in the Documents, means the specified percentage, portion or
fraction of the votes as allocated in Schedule A-2.
ARTICLE X
Restriction on Use and Alienation
Section 10.01 — Use and Occupancy Restrictions. Subject to the Special Declarant
Rights reserved under Article VIII, the following use restrictions shall apply to all Units
and to the Common Elements:
(a) Each Unit (other than the single Commercial Unit) is restricted to
residential use as a single-family residence. A single family
residence is defined as a single housekeeping unit, operating on a
non-profit, non-commercial basis between its occupants (except
with regard to home professional pursuits which are not violative
of zoning regulations which may be undertaken by the household
and which do not require regular visits from the public or
unreasonable levels of mall, shipping, trash or storage), cooking
and eating with a common kitchen and dining area with no more
overnight occupants per bedroom than as allowed by the City of
Stamford Zoning and Planning Regulations and Building Codes;
(b) The use of Units and Common Elements is subject to the Bylaws
and the Rules of the Association;
11
Book8973/Pagel9 Page 18o1114

(c) For any period during which any Common Expense assessment
remains unpaid, or, after Notice and Heating, for any period not to
exceed thirty (30) days, for any infraction of its published Rules,
the Executive Board may suspend the right to use Common
Elements (including amenities) not necessary to give access to a
public street, impose fines and take such other acts including but
not limited to foreclosure of Association liens;
(d) No animals, birds or reptiles may be kept in any Unit or allowed on

the Property or the Common Elements or Limited Common
Elements, except as may be allowed by the Rules of the
Association;
(e) Unit Owners shall not cause or permit anything to be hung or

displayed on the outside of their windows, or placed, affixed or
installed on the exterior of the Units or Buildings;
(f) Parking spaces, are restricted to use by the Unit Owners as a

parking space for functioning vehicles, specifically excluding,
however, commercial vehicles, campers, and trailers;
(g) No nuisances shall be allowed in the Common Interest Community

nor shall any use or practice be allowed which is a source of
annoyance to the Unit Owners, residents or occupants or which
interferes with the peaceful possession or proper use of the
Common Interest Community by the Unit Owners, residents or
occupants. Each Unit Owner is specifically prohibited from
maintaining in his Unit any unclean, unsightly or hazardous
condition; and
(h) The Below Market Rate Units shall have restrictions on renting
and selling said Units pursuant to the Affordability Plan and City
of Stamford Regulations and Ordinances. Deeds conveying I3MR
units shall contain said restrictions with said restrictions secured by
a Mortgage,
Section 10.02 —Restrictions on Alienation,
(a) Time Sharinz. A Unit may not be conveyed pursuant to a time sharing
plan as defined under Chapter 734b of the Connecticut General Statutes.
(b) Resale or Lease of Units. No Unit Owner, other than Declarant, may sell
or lease a Unit without complying with the following provision:
(i) Any Unit Owner receiving a bona tide offer to purchase or lease a
Unit which the Unit Owner intends to accept, shall give notice (the "Notice"),
12
Book8973/Page2O Page l9of 114

together with a copy of the signed Agreement of Sale or written Lease, as the case
may be, to the Association. The giving of Notice to the Association shall
constitute an offer by such Unit Owner to sefl or lease the Unit upon the same
terms and conditions as contained in such offer (the "Outside Offer") and shall
also constitute a representation and warranty by the Unit Owner who has received
such Outside Offer, to the Association, that such Unit Owner believes the Outside
Offer to be bonn fide in all respects. Not later than fifteen (15) days after receipt,
of Notice, the Association may elect to purchase or lease such Unit, as the case
may be, by sending written notice to such Unit Owner before the expiration of
said fifteen (15) day period, upon the same terms and conditions as contained in
the Outside Offer and as stated in the notice from the Association;
(ii) If the Association shall fail to act upon, or to noti& the Unit Owner
of its acceptance of such offer in writing within the fifteen (15) days after receipt
of Notice, the Association shall be deemed to have waived its right of first refusal,
and such Unit Owner may consummate the sale pursuant to the Agreement of
Sale submitted to the Association or allow his prospective tenant to occupy this
Unit pursuant to the Lease, as the case may be. In the event that the Unit Owner
does not close on the sale of the Unit or his prospective Tenant fails to occupy his
Unit pursuant to the written Lease submitted to the Association, then, should the
Unit Owner thereafter elect to sell or lease the Unit, the Unit Owner shall be
required to again comply with all the terms and provisions of this Section
1002(b). However, no Unit Owner may lease his Unit more than one (I) time
during any twelve (12) month period; and
(iii) Any sale or lease of a Unit in violation of this Section shall be

voidable at the election of the Association. The Unit Owner shall reimburse the
Association for all expenses (including reasonable attorneys' fees and
disbursements) incurred in connection with any proceedings to enforce the
provisions of this Section.
Notwithstanding, the foregoing, the Association's Right of First Refusal

shall not apply to sale or lease of a Below Market Rate Unit, Certain specific
lease and resale restrictions shall apply to the BMR Units pursuant to the
Affordability Plan. Exhibit H — Public Offering Statement.
(c) Exceptions. The provisions of Section 10.02(b) shall not apply to the sale or
conveyance of any Unit by (a) the Unit Owner thereof to his spouse, adult
children, parents, parents-in-law, adult siblings or to any one or more of them or
to any related or controlled entity of a corporate or partnership Unit Owner, (b)
Declarant or any successor Declarant, (c) any proper officer conducting the sale
of a Unit in connection with the foreclosure of a mortgage or other lien covering
such Unit or delivering a deed in lieu of such foreclosure, or (d) a mortgagee or its
nominee, which has acquired title to any Unit at any foreclosure sale of its
mortgage or by deed in lieu thereof delivered in a bona fide transaction; provided,
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Book8973/Page2l Page 20 of 114

however, that each succeeding Unit Owner shall be bound by, and the Unit
subject to, the provisions of this Section 10.02;
(d) Reeuired Lease Provisions. All leases of Units shall be consistent with
this Declaration, the Bylaws and the Rules; shall provide for a term of not less
than one (1) year; shall provide that such may not be modified, amended,
extended or assigned without the prior written consent of the Executive Board;
that the tenant shall not sublet the Unit, or any part thereof, without the prior
written consent of the Executive Board; and that the Executive Board shall have
the power to terminate such lease and bring summary proceedings to evict the
tenant in the name of the Unitilandlord thereunder in the event of default by the
tenant in the performance of said lease or failure by the tenant to perform any
obligation described in this Declaration, the Bylaws or the Rules;
(e) Further Exceptions. Any Unit Owner shall be free to convey or transfer a
Unit by gift, or may devise a Unit by will or have a Unit pass by intestacy,
without restriction, provided, however, that each succeeding Unit Owner shall be
bound by, and the Unit subject to, the provisions of this Section 10.02;
(0 Maximum Percentane of Leased Units. In no event shall the total of

leased units at any time exceed thirty five (35%) percent of the total number of
residential units in the community.
(g) See also Section 10.01(h) and Exhibit H of the Public Offering Statement
regarding restrictions on alienability of Below Market Rate Units.
ARTICLE XI
Easements and Licenses
All easements or licenses to which the Common Interest Community is presently

subject other than the Declarant's rights hereunder and the matters set forth below, are
recited in Article 8 of the Public Offering Statement and the Deed, Exhibit E to this
Declaration. In addition, the Common Interest Community may be subject to other
easements or licenses granted by the Declarant pursuant to its powers under Article VIII
of this Declaration.
ARTICLE XII
Allocation and Reallocation of Limited Common Elements
Section 12.01 — Allocation of Limited Common Elements Not Previously

Allocated. The Declarant has reserved the right, under Article 7 of this Declaration, to
allocate as Limited Common Elements parking spaces shown on the Survey and Plans.
Such parking spaces shall be so allocated and assigned to particular Units in the Purchase
and Sale Agreement and in the Warranty Deed.
14

Any paricing spaces that are not allocated as Limited Common Elements at the
termination of the Development Rights period may be so allocated by the Association by
amendment to this Declaration.
All amendments shall specify to which Unit or Units the Limited Common
Element is allocated.
Section 12.02 — Reallocation of Depicted Limited Common Elements. No Limited

Common Element depicted on the Survey or Plans may be reallocated by an amendment
to this Declaration pursuant to this Article XII.
ARTICLE XIII
Additions. Mterations and Improvements
Section 13.01 — Additions, Alterations and Improvements by Unit Owners.
(a) A Unit Owner:
(i) May, subject to compliance with the Zoning Board

Approval and the Building and Zoning Codes of the City of
Stamford, make any improvements or alterations to the
interior of his or her Unit that do not impair the structural
integrity, fire rating or mechanical systems or lessen the
support of any portion of the Common Interest Community.
No alterations may be marie to the sheetrock or wallboard
as same is integrated to the fire rating for the Building. No
changes or alterations may be made to interior partition
walls;
(ii) May not change the appearance of the Common Elements

(including Limited Common Elements, or the exterior
appearance of a Unit or any other portion of the Common
Interest Community, without the written permission of the
Executive Board and compliance with the Zoning
Approval; and
(iii) After acquiring an adjoining Unit, may not under any

circumstances, remove or alter any intervening partition or
create apertures therein, even if the partition in whole or in
part is a Common Element. Removal of partitions or
creation of apertures under this subdivision is an alteration
of boundaries which is prohibited.
(b) A Unit Owner may submit a written request to the Executive

Board for approval to do anything that he or she is forbidden to do
under Subsection 13.01 (a)(ii) except under no circumstances may
15

units be combined, merged or subdivided. The Executive Board
shall answer any written request for such approval, after Notice
and Hearing, within sixty (60) days after the request thereof.
Failure to do so within such time shall not constitute a consent by
the Executive Board to the proposed action. The Executive Board
shall review requests in accordance with the provisions of its rules.
(c) Any applications to any department or to any governmental

authority for a permit to make any addition, alteration or
improvement in or to any Unit shall be executed by the
Association only. Such execution will not, however, create any
liability on the part of the Association or any of its members to any
contractor, subcontractor or materialrnan on account of such
addition, alteration or improvement or to any person having any
claim for injury to person or damage to property arising therefrom.
(d) All additions, alterations and improvements• to the Units and

Common Elements shall not, except pursuant to prior approval by
the Executive Board, cause any increase in the premiums of any
insurance policies carried by the Association or by the owners of
any Units other than those affected by such change.
The provisions of this Section shall not apply to the Declarant in the exercise of any
Special Declarant Right.
ARTICLE XIV
Relocation of Boundaries Between Adjoining Units
Section 14.01... Prohibition. against Relocation of Boundaries. The boundaries

between adjoining Units may NOT under any circumstances be relocated by an
amendment to this Declaration.
Section 14.02 — Boundaries. Sound and Vibration. To ensure the structural integrity
and fire rating of Adams Mill River Condominiums and to maintain a pleasant living
environment for all unit owners, all unit owners shall adhere to mandatory structural and
sound and vibration transmission provisions of this Declaration.
(a) Walls: Unit Owners shall not or alter the structure,

wallboard, sheetrock, drywall or insulation within any wall or wall
cavity. All wall structures have been designed for a sound
transmission rating and this rating shall be maintained.
Additionally, unit separation walls, corridor walls and exterior
walls have a fire resistance rating of one (1) hour which shall be
maintained;
16

(b) Structure: The structure of Adams Mill River Condominiums has
been engineered as a complete system and may not be changed or
altered by Unit Owners without consent of the Executive Board
and a licensed structural engineer. Unit Owners may not add
doorways through or remove any wall within a unit. No unit may
make any changes to the floor structure. Unit Owners may install
engineered wood flooring or laminated wood flooring designed for
use on concrete surfaces only in first (1 floor units or kitchens
above the first (1") floor provided layer of sound deadening
material (accoustimat or equal) is installed directly below the
flooring material, Evidence of complaint installation shall be
provided by a Unit Owner to the Executive Board. All other floor
surfaces shall be carpeted with a minimum of one-half (1/2 inch)
padding (6 lbs rebond).
(c) Sound and Vibration Transmission: No stereo systems, musical

instruments or other devices shall be played or employed at a level
that is disturbing to another Unit Owner. Upon notice, anyone
creating disturbing noise or vibration shall immediately stop said
activity. Failure to do so shall be a violation hereunder and subject
the Unit Owner to fines and suspending amenity privileges by the
Executive Board, Pianos and subwoofer style stereo systems are
expressly prohibited.
ARTICLE XV
Amendments to Declaration
Section 15.01 — General. Except in cases of amendments that may be executed by the
Declarant in exercise of its Development Rights or by the Association under Sections
12.01 and 14.01 or by certain Unit Owners under Section 14.01 of this Declaration and
Section 47-236 of the Act, and except as limited by Section 15.04 and Article XVIII of
this Declaration, this Declaration, including the Survey and Plans of Units may be
amended only by the vote or agreement of sixty-seven (67%) percent of Unit Owners.
Section 15.02 — Limitation of Challenges. No action to challenge the validity of an

amendment adopted by the Association pursuant to this Article may be brought more
than one (1) year alter the amendment is recorded.
Section 15.03 — Recordation of Amendments. Every amendment to this Declaration

shall be recorded on the land records in every town in which any portion of the Common
Interest Community is located, and is effective only on recording. An amendment shall
be indexed in the grantee's index of the land records in the name of the Common Interest
Community and the Association and in the grantor's index of the land records in the
name of the parties executing the amendment.
17

Section 15.04 — When Unanimous Consent Required. Except to the extent expressly
permitted or required by other provisions of the Act and this Declaration, no amendment
may create or increase Special Declarant Rights, increase the number of Units, change
the Allocated Interests of any Unit, or the uses to which any Unit is restricted, in the
absence of unanimous consent of the Unit Owners.
Section 15.05— Execution of Amendments.- Amendments to this Declaration that are

required by the Act to be recorded by the Association and that have been adopted in
accordance with this Declaration and the Act, shall be prepared, executed, recorded and
certified on behalf of the Association by any officer of the Association designated for that
purpose or, in the absence of designation, by the President of the Association.
Section 15.06 — Special Declarant Ri2hts. Provisions in this Declaration creating

Special Declarant Rights may not be amended without the consent of the Declarant.
Section 15.07 — Consent of Holders of Security Interests. Amendments are subject to

the consent requirements of Article XVffl,
ARTICLE XVI
Amendments to Bylaws
The Bylaws may be amended only by the vote of sixty seven (67%) percent of the
members of the Executive Board, following Notice and comment to all Unit Owners, at
any meeting duly called for such purpose.
ARTICLE XVII
Termination
Termination of the Common Interest Community may be accomplished only in

accordance with § 47-237 of the Act.
ARTICLE XVIII
Protection
Section 18.01 — Introduction. .- This Article establishes certain standards and covenants
which are for the benefit of the holders, insurers and guarantors of certain Security
Interests, This Article is supplemental to, and not in substitution for, any other provisions
of the Documents, but in the case of conflict, this Article shall control.
Section 18.02 — Percentage of Eligible Mortgagees. Whenever in this Declaration the

approval or consent of a specified percentage of Eligible Mortgagees is required, it shall
mean the approval or consent of Eligible Mortgagees holding security Interests in Units
which in the aggregate have allocated to them such specified percentage of votes in the
18

Association when compared to the total allocated to all Units then subject to Security
Interests held by Eligible Mortgagees.
Section 18.03 — Notice of Actions. — The Association shall give prompt written notice to
each Eligible Mortgagee and the Eligible Insurer of:
(a) Any condemnation loss or casualty loss which affects a material

portion of the Common Interest Community or any Unit in which
there is a first security Interest held, insured, or guaranteed by such
Eligible Mortgagee or Eligible Insurer, as applicable;
(b) Any delinquency in the payment of Common Expense assessments

that is owed by an Owner whose Unit is subject to a first Security
Interest held, insured, or guaranteed by such Eligible Mortgagee or
Eligible Insurer that remains uncured for a period of sixty (60)
days;
(c) Any lapse, cancellation or material modification of any insurance

policy or fidelity bond maintained by the Association;
(d) Any proposed action that would require the consent of a specified
percentage of Eligible Mortgagees as specified in Section 18.04;
and
(e) Any judgment rendered against the Association.
Section 18.04 — Consent Required
(a) Document Changes. Notwithstanding any lower requirement permitted by

this Declaration or the Act, no amendment of any material provision of the Documents by
the Association or Unit Owners described in this Subsection 18.04(a) may be effective
without the vote of at least sixty seven (67%) percent (or any greater Unit Owner vote
required in the Declaration of the Act) of the Unit Owners and until approved in writing
by at least fifty one (51%) percent all of the Eligibie Mortgagees (or any Eligible
Mortgagee approval required by this Declaration). The foregoing approval requirements
do not apply to amendments effected by the exercise of any Development Right.
Material includes, but is not limited to, any provision affecting:
(i) Assessments, assessment liens or subordination of assessment

liens;
(ii) Voting rights;
(iii) Reserves for maintenance, repair and replacement of Common

Elements;
19

(iv) Responsibility for maintenance and repairs;
(v) Reallocation of interests in the Common Elements or Limited

Common Elements, except that when Limited Common Elements
are reallocated by agreement between Unit Owners, only those
Unit Owners and only the Eligible Mortgagees holding Security
Interests in such Units must approve such action;
(vi) Rights to use Common Elements and Limited Common Elements;
(vii) Boundaries of Units except that if an amendment only affects the

boundaries of adjoining Units, then only the affected Unit Owners
and the Eligible Mortgagees holding a Security Interest in such
Unit or Units must approve such action;
(viii) Convertibility of Units into Common Elements or Common

Elements into Units;
(ix) Expansion or contraction of the Common Interest Community, or

the addition, annexation or withdrawal of property to or from the
Common Interest Community;
(x) Insurance or fidelity bonds;
(xi) Leasing of Units;
(xii) Imposition of restrictions on a Unit Owner's right to sell or transfer

his or her Unit;
(xlii) Restoration or repair of the project after a hazard damage or partial

condemnation in a manner other than that specified in the
Documents;
(xiv) Termination of the Common Interest Community after occurrence

of substantial destruction or condenmation; and
(xv) Any provision that expressly benefits mortgage holders, insurers,

or guarantors,
(b) Actions. Notwithstanding any lower requirements permitted by this

Declaration or the Act, the Association may not take any of the following actions without
the approval of at least fifty one (51%) percent or such higher percentage as set forth
below of the Eligible Mortgagees:
20
Book8973/Page2B Page 27 of 114

(i) The conveyance or encumbrance of the Common Elements or any
portion thereof as to which eighty (80%) percent Eligible
Mortgage approval is required. The granting of easements for
public utilities or for other public purposes consistent with the
intended use of the Common Elements for the benefit of the
Common Interest Community shall not be deemed a conveyance or
encumbrance within the meaning of this clause;
(ii) The establishment of self management when professional

management had been required previously by any Eligible
Mortgagee;
(iii) The restoration or repair of the Property after hazard damage or a

partial condemnation in a manner other than that specified in the
Documents;
(iv) The termination of the Common Interest Community, as to which a

sixty seven (67%) percent Eligible Mortgagee approval is required;
(v) The alteration of any partition, or creating of any aperture, between

adjoining Units when Unit boundaries are not otherwise being
affected, in which case only the owners or Units affected and
Eligible Mortgagees of those Units need approve the action.
Notwithstanding the foregoing, in no event may any Units be
combined in any manner, merged, subdivided or space exchanged
between Units;
(vi) The merger of this Common Interest Community with any other
common interest community;
(vii) The granting of any easements, leases, licenses and concessions

though or over the Common Elements excluding, however, any
utility easements serving or to serve the Common Interest
Community and excluding any leases, licenses or concessions for
no more than one year;
(viii) The assignment of the fixture income of the Association, including

its right to receive Common Expense assessments; and
(ix) Any action taken not to repair or replace the Property. The
foregoing consents do not apply to the exercise of any
Development Right.
(c) Period of Collection: The Association may not change the period of
collection of regularly budgeted Common Expense Assessments, to other than monthly,
without the consent of all Eligible Mortgagees.
21

Section 18.05 — Inspection of Books. The Association shall permit any Eligible
Mortgagee or Eligible Insurer to inspect the books and records of the Association during
normal business hours.
Section 18.06 — Financial Statements. The Association shall provide any Eligible
Mortgagee or Eligible Insurer that submits a written request with a copy of an annual
financial statement within ninety (90) days following the end of each fiscal year of the
Association. Such financial statement shall be audited by an independent certified public
accountant if any Eligible Mortgagee or Eligible Insurer requests it, in which case the
Eligible Mortgagee or Eligible Insurer shall bear the cost of such an audit or if the
Common Interest Community contains fifty (50) or more Units, in which case the cost of
the audit shall be a Common Expense.
Section 18.07 — Enforcement .- The provisions of this Article are for the benefit of
Eligible Mortgagees and Eligible Insurers and their successors, and may be enforced by
any of them by any available means at law or in equity.
Section 18.08 — Attendance at Meetinfs. — Any representative of an Eligible Mortgagee

or Eligible Insurer may attend any meeting that a Unit Owner may attend.
Section 18.09 — Development Rights. No Development Rights may be exercised,

voluntarily abandoned or terminated by the Declarant unless all persons holding a
Security Interest in the Development Rights consent to the exercise, abandonment or
termination.
ARTICLE XIX
Assessment and Collection of Common Expenses
Section 19.01 — Definition of Common Expenses. — Expenses shall include:
(a) Expenses of administration maintenance, repair, and replacement

of those Common Elements which the Association maintains;
(b) Expenses declared to be Common Expenses by the Documents or

by the Act;
(c) Expenses agreed upon as Common Expenses by the Association;
(d) Such reserves as may be established by the Association, whether

held in trust or by the Association, for repair, maintenance, or
replacement of the Common Elements or any other real or personal
property acquired or held by the Association and/or for other
liabilities or responsibilities of the Association; and
22
Book8973IPage3O Page 29 01114

(e) Expenses for services or utilities that serve all the Units as of the
date of this Declaration (i.e. exterior lights, corridor lights, conidor
heating and cooling, garage lights).
Section 19.02 — Apportionment of Common Expenses. Except as provided in Section

I 9.03, all Common Expenses shall be assessed against all Units in accordance with their
Allocated Interests as shown on Schedule A-2 to this Declaration.
Secion 19.03 — Common Expenses Attributable to Fewer than all Units.
(a) Any Common Expense associated with the maintenance, repair or

replacement of Limited Common Elements shall be assessed
against the Unit or Units to which the Limited Common Element is
assigned. If any such Limited Common Element is assigned to
more than one Unit the Common Expenses attributable to the
Limited Common Element shall be assessed equally among the
Units to which it is assigned;
(b) Any Common Expense for services provided by the Association to

an individual Unit at the request of the Unit Owner shall be
assessed against the Unit which benefits from such service. Any
Common Expenses for utility services that benefit less than all the
Units shall be assessed equitably among the Units benefiting from
such services;
(c) Any insurance premium increase above the amount otherwise due
if the community were entirely a residential community that is
attributable to a particular Unit or Units by virtue of activities or
construction in the Unit or Units shall be equitably assessed against
such Units;
(d) Assessments to pay a judgment against the Association may be

made only against the Units in the Common Interest Community at
the tline the judgment was rendered, in proportion to their
Common Expense liabilities;
(e) If any Common Expense is caused by the misconduct or

negligence of any Unit Owner, the Association may assess that
expense exclusively against that Unit, after Notice and Hearing;
and
(f) Fees, charges, late charges, fines and interest charged against a
Unit Owner pursuant to the Instruments and the Act are
enforceable as Common Expense assessments.
23

Section 19.04 — LienS
(a) The Association has a statutoiy lien on a Unit foi any assessment
levied against the Unit and for any fmes imposed against its Unit
Owner from the time the assessment or fine becomes delinquent.
Fees, charges, late charges, fmes, attorney's fees, and interest
charged pursuant to the Act and the Documents are enforceable as
assessments under this Section. If an assessment is payable in
installments, the full amount of the assessment is a lien from the
time the first installment thereof becomes due;
(b) A lien under this Section is prior to all other liens and
encumbrances on a Unit except: (1) liens and encumbrances
recorded before the recordation of this Declaration; (2) a first or
second Security interest in the Unit recorded before the date on
which the assessment brought to be enforced becomes delinquent;
and (3) liens for real property taxes and other governmental
assessments of charges against the Unit. The lien is also prior to
all Security Interests described in this Subsection to the extent of
the Common Expense assessments, based on the periodic budget
adopted by the Association pursuant to Section 1.9.05 of this
Article which would have become due in the absence of
acceleration during the six (6) months immediately preceding
institution if an action to enforce either the Association's lien or a
Security Interest described in this Subsection. This Subsection
does not affect the priority of mechanics' or materialrnen's liens,
or the priority of liens for other assessments made by the
Association;
(c) Recording of this Declaration constitutes record notice and

perfection of the lien. No further recordation of any claim of lien
for assessment under this Section is required;
(d) A lien for unpaid assessments is extinguished unless proceedings

to enforce the lien are instituted within two years after the full
amount of the assessments become due, provided that, if a Unit
Owner subject to a lien under this Section files a petition for relief
under the United States Bankruptcy Code, the period of time for
instituting proceedings to enforce the Association's lien shall be
tolled until thirty (30) days after the stay of proceedings under
Section 362 of the Bankruptcy Code is lifted;
(e) This Section neither prohibits the Association from instituting

actions to recover sums for which Subsection (a) of this Section
24

creates a lien nor prohibits the Association from taking a deed in
lien o foreclosure;
(1) A judgment or decree in any action brought under this Section

shall include costs and reasonable attorney's fees for the prevailing
party;
(g) The Association's lien may be foreclosed in like manner as a

mortgage on real properly;
(h) In any action by the Association to collect assessments or to

foreclose a lien for unpaid assessments, the court may appoint a
receiver of the Unit Owner pursuant to Section 52-204 of the
Connecticut General Statutes to collect all sums alleged to be due
from the Unit owner prior to or during the pendency of the action.
The Court may order the receiver to pay any sums held by the
receiver to the Association during the pendency of the action to the
extent of the Association's Common Expense assessments based
on a periodic budget adopted by the Association's pursuant to
Section 19.05 of this Declaration;
(i) If a holder of a first or second Security Interest in a Unit forecloses

that Security Interest, the purchaser at the foreclosure sale is not
liable for any unpaid assessments against that Unit that became due
before the sale, other than the assessments which are prior to that
Security Interest under Subsection 19.04(b). Any unpaid
assessments not satisfied from the proceeds of sale become
Common Expenses collectible from all the Unit Owners, including
the purchaser; and
(j) Any payments received by the Association in the discharge of a

Unit Owner's obligation may be applied to the oldest balance due.
Section 19.05 — Budget Adoption and Ratification. Within thirty (30) days after
adoption of any proposed budget for the Common Interest Community by the Executive
Board, the Executive Board shall provide a summary of the budget to all the Unit
Owners, and shall set a date for a meeting of the Unit Owners to consider ratification of
the budget not less than fourteen (14) nor more than thirty (30) days after mailing of the
summary. Unless at the meeting a majority in voting interest of all Unit Owners rejects
the budget, the budget is ratified, whether or not a quorum is present. in the event the
proposed budget is rejected, the periodic budget last ratified by the Unit Owners shall be
continued until such time as the Unit Owners ratif3i a subsequent budget proposed by the
Executive Board.
Section 19.06 -. Ratification of Non-budgeted Common Expense Assessments. If the

Executive Board votes to levy a Common Expense assessment not included in the current
25

budget, other than one enumerated in Section 19.03 of this Declaration, in an amount
greater than fifteen (15%) percent of the current annual operating budget, the Executive
Board shall submit such Common Expense to the Unit Owners for ratification in the same
manner as a budget under Section 19.05.
Section 19.07 — Certificate of Payment of Common Expense Assessments. Upon

written request, the Association shall furnish to a Unit Owner a statement in recordable
form setting forth the amount of unpaid assessments against the Unit. The statement
shall be furnished within ten (10) business days after receipt of a request and is binding
on the Association, the Executive Board, and on every Unit Owner.
Section 19.08 - Monthly Payment of Common Expense. All Common Expenses

assessed under Sections 19.02 and 19.03 shall be payable in equal monthly installments
due on the first day of each month.
Section 19.09 - Acceleration of Common Expense Assessments. In the event of a

default for a period often (10) days by any Unit Owner in the payment of any Common
Expense assessment levied against his or her Unit, the Executive Board shall have the
right, after Notice and Hearing, to declare all unpaid assessments for that Unit for the
then current fiscal year to be immediately due and payable.
Section 19.10 - Commencement of Common Expense Assessments. Common

Expense assessments shall begin on the first day of the month in which conveyance of the
first Unit to a Unit Owner other than the Declarant occurs, or as may be otherwise be
allowed under Section 47-257(a) of the Act, which provides that the Declarant shall pay
all common expenses until the Association makes a Common Expense assessment.
Section 19.11 - No Waiver of Liability for Common Expenses. No Unit Owner may
exempt himself or herself from liability for payment of the Common Expenses by waiver
of the use of enjoyment of the Common Elements, or by abandonment of the Unit against
which the assessments are made.
Section 19.12 - Personal Liability of Unit Owners. The Owner of a Unit at the time a
Common Expense assessment or portion thereof is due and payable is personally liable
for the assessment. Personal liability for the assessment shall not pass to a successor in
title to the Unit unless he or she agrees to assume the obligation.
ARTICLE XX
Right to Assign Future Income
The Association may assign its future income, including its right to receive Common
Expense assessments, only by the affirmative vote of Eighty (80%) percent Unit Owners,
taken at a meeting called for that purpose.
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ARTICLE XXI
Persons and Units Subject to Documents
Section 21-01 - Compliance with Documents. All Unit Owners, tenants, mortgagees
and occupants of Units shall comply with the Documents. The acceptance of a deed, the
exercise of any incident of ownership, the entering into a lease, or the entering into
occupancy of a Unit constitutes agreement that the provisions of the Documents are
accepted and ratified by such Unit Owner, tenant, mortgagee or occupant, and all such
provisions recorded on the Land Records of the City of Stanford are covenants running
with the land and shall bind any Persons having at any time any interest or estate in such
Unit.
Section 21.02 - Adoption of Rules. The Executive Board may, subject to Notice and
Comment, adopt Rules regarding the use and occupancy of Units, Common Elements and
Limited Common Elements and the activities of occupants, subject to Notice and
Comment.
ARTICLE XX
Insurance
Section 22.01 — Coverage. To the extent reasonably available, the Executive Board
shall obtain and maintain insurance coverage as set forth in Section 22.02 and 22.03 of
this Article. If such insurance is not reasonably available, and the Executive Board
determines that any insurance described herein will not be maintained, the Executive
Board shall cause notice of that fact to be hand-delivered or sent prepaid by United States
mail to all Unit Owners and Eligible Mortgagees at theft respective last knows addresses.
Section 22.02— Liability Insurance.
(a) Liability Insurance, including medical payments insurance, shall

be maintained in an amount determined by the Executive Board,
but in no event less than $1,000,000, covering all occurrences
commonly insured against for death, bodily injury and property
damage arising out if or in connection with the use, repair,
ownership, maintenance, or replacement of the Common Elements.
(b) Other Provisions. Insurance policies carried pursuant to this

Section shall, to the extent reasonably available, contain the
following provisions:
(i) Each Unit Owner is an insured person under the

policy with respect to liability arising out of his or
her interest in the Common Elements or
membership in the Association;
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(ii) The insurer waives its rights to subrogation under
the policy against any Unit Owner or member of his
or her household;
(iii) No act or omission by any Unit Owner, unless such

act or omission is within the scope of his or her
authority on behalf of the Association, will void the
policy or be a condition to recovery under the
policy;
(iv) If, at the time of a loss under the policy, there is

other insurance in the name of a Unit Owner
covering the same risk covered by the policy, the
Association's policy shall provide primary
insurance;
(v) The insurer may not cancel or refuse to renew the

policy until thirty (30) days after notice of the
proposed cancellation or nonrenewal has been
mailed to the Association, each Unit Owner and to
the last known address of each holder of a Security
Interest to whom a certificate or memorandum of
insurance has been issued; and
(vi) Insurance proceeds shall be paid to the insurance

trustee designated in the policy, and, in the absence
of such designation, to the Association.
Section 22.03 — Property Insurance
(a) The Association shall obtain property insurance covering:
(i) The Project Facilities (which term means all buildings on

the Property, including the Units and all fixtures,
equipment and any improvements and betterments whether
part of a Unit or a Common Element, and such personal
property of Unit Owners as is normally insured under
building coverage), but excluding land, excavations,
portions of foundation below the undersurfaces of the
lowest basement floors, underground pilings, piers, pipes,
flues and drains and other items normally excluded from
property policies; and
(ii) All personal property owned by the Association.
28

(b) Amounts. Insurance policies obtained pursuant to this Section shall
insure:
(i) The Project Facilities for an amount equal to one hundred

percent (100%) of their replacement cost at the time the
insurance is purchased and at each renewal date;
(ii) All personal property owned by the Association for an

amount equal to its actual cash value; and
(iii) The Executive Board is authorized to obtain appraisals

periodically for the purpose of establishing the actual cash
value of the personal property and said replacement cost of
such buildings, and the cost of such appraisals shall be a
Common Expense.
(c) Risks Insured Against. Jnsurance policies obtained pursuant to this

Section shall afford protection against "all risks" of direct physical
loss as are commonly insured against.
(d) Other Provisions. Insurance policies obtained pursuant to this

Section shall, to the extent reasonably available, contain the
following provisions:
(i) The insurer waives its rights to subrogation under

the policy against any Unit Owner or member of his
or her household;
(ii) No act or omission by any Unit Owner, unless

acting within the scope of his or her authority on
behalf of the Association, will void the policy or be
a condition to recovery under the policy;
(iii) If, at the time of a loss under the policy, there is

other insurance in the name of a Unit Owner
covering the same risk covered by the policy, the
Association's policy shall provide primary
insurance;
(iv) Loss shall be adjusted with the Association;
(v) Insurance proceeds shall be paid to an insurance

trustee designated in the policy for that purpose, and
in absence of such designation, shall be paid to the
Association and held in trust by the Association for
29

each Unit Owner and such Unit Owner's
mortgagee;
(vi) The insurer may not cancel or refuse to renew the

policy until thirty (30) days after notice of the
proposed cancellation or nonrenewal has been
mailed to the Association, each Unit Owner, and to
the last known address of each holder of a Security
Interest to whom a certificate or memorandum of
insurance has been issued; and
(vii) The name of the insured shall be substantially as

follows: "Adams Mill River Condominium
Association, bc" for the use and benefit of the
individual Unit Owners.
Section 22.04 — Unit Owner Policies. An insurance policy issued to the Association
does not prevent a Unit Owner from obtaining insurance for his or her own benefit.
Section 22.05 — Fidelity Bonds. The Executive Board shall obtain and maintain a
blanket fidelity bond for anyone who either handles or is responsible for funds held or
administered by the Association, whether or not they receive compensation for their
services. The bond shall name the Association as obligee and shall cover the maximum
funds that will be in the custody of the Association or the manager at any time while the
bond is in force, and in no event less than the sum of three months' common expense
assessments plus reserve funds. The bond shall include a provision that calls for thirty
(30) days' written notice to the Association and to each holder for a Security Interest in a
Unit before the bond can be canceled or substantially modified for any reason; except that
if cancellation if for non-payment of premiums, only ten (10) day's notice shall be
required.
Section 22.06— Worker's Compensation Insurance. The Executive Board shall obtain
and maintain Worker's Compensation Insurance to meet the requirements of the laws of
the State of Connecticut.
Section 22.07 — Directors' and Officers' Liability Insurance. The Executive Board
shall obtaln and maintain directors' and officers' liability insurance, if available, covering
all of the directors and officers of the Association in such limits as the Executive Board
may, from time to time, determine.
Section 22.08 — Flood Insurance. The Executive Board shall obtain and maintain flood
insurance, if available, under the National Flood insurance Program for all buildings that
are within the flood zones as designated on the Federal Emergency Management
Agency's Flood Insurance Rate Maps.
30

Section 22.09 — Other Insurance. The Association may carry other insurance which the
Executive Board considers appropriate to protect the Association or Unit Owners.
Section 22.10 — Premiums. Insurance premiums paid by the Association shall be a

Common Expense, and may be allocated to individual Unit Owners based upon the
protection afforded individual Units or Buildings.
ARTICLE XXIII
Damage to or Destruction of Properly
Section 23.01 — Duty to Repair or Restore. Any portion of the Property for which
insurance is required under Section 47-255 of the Act or for which insurance carried by
the Association is in effect, whichever is more extensive, shall be repaired or replaced
promptly by the Association unless:
(a) The Common Interest Community is terminated;
(b) Repair or replacement would be illegal under any federal,

state of local statute or ordinance governing health or
safety; or
(c) Eighty (80%) percent of the Unit Owners, including every

owner of a Unit or assigned Limited Common Element that
will not be rebuilt, vote not to rebuild it.
Section 23.02 — Cost. The cost of repair or replacement in excess of insurance proceeds,
and reserves, shall be a Cornnion Expense.
Section 23.03 — Plans. The Common Elements must be repaired and restored in
accordance with either the original plans and specification or other plans and
specifications which have been approved by the Executive Board, seventy five (75%)
percent of the Unit Owners and fifty one (51%) percent of Eligible Mortgagees.
Section 23.04- Replacement of Less Than Entire Property,
(a) The insurance proceeds attributable to damaged Common

Elements shall be used to restore the damaged area to a condition
compatible with the remainder of the Common Interest
Community.
(b) Except to the extent that other persons will be distributees;
(i) the insurance proceeds attributable to Units and Limited

Common Elements that are not rebuilt shall be distributed
to the owners of those Units and the owners of the Units to
31

which those Limited Common Elements were allocated, or
to lien holders, as theft interests may appear; and
(ii) The remainder of the proceeds shall be distributed to all of

the Unit Owners or lien holders, as their interests may
appear, in proportion to the Common Expense liabilities of
all the Units.
(c) If the Unit Owners vote not to rebuild any Unit, that Unit's
Allocated Interests are automatically reallocated by the vote as if
the Unit has been condemned under Section 47-203(a) of the Act,
and the Association shall promptly prepare, execute and record an
amendment to this Declaration reflecting the reallocations.
Section 23.05 — Insurance Proceeds. The insurance trustee, or if there is no insurance

trustee, the Association, shall hold any insurance proceeds in trust for the Association,
Unit Owners, and lien holders as their interests may appear. Subject to the provisions of
Section 23.01 (a) through 23.01 (c), the proceeds shall be disbursed first for the repair or
restoration of the damaged Property, and the Association, Unit Owners and lien holders
are not entitled to receive payment of any portion of the proceeds unless there is a surplus
of proceeds after the Property has been completely repaired or restored, or the Common
Interest Community is terminated.
Section 23.06 — Certificates by the Executive Board. A trustee, if any, may rely on the
following certificates made in writing by the Executive Board:
(a) Whether or not damaged or destroyed Property is to be repaired or

restored;
(b) The amount to be paid for repairs or restoration and the names and
addresses of the parties to whom such amounts are to be paid.
Section 23.07 .— Certificates by Attorneys. If payments are to be made to Unit Owners

or mortgagees, the Executive Board shall obtain and may rely on an attorney's certificate
of title or a title insurance policy based on a search of the Land Records of the City of
Stamford from the date of the recording of the original Declaration stating the names of
the Unit Owners and the mortgagees.
ARTICLE XXIV
Rkhts to Notice and Comment: Notice and flearinE
Section 24.01 — Right to Notice and Comment. Before the Executive Board amends
the Bylaws or the Rules, whenever the Documents require that an action be taken after
"Notice and Comment", and at any other time the Executive Board determines, the Unit
Owners have the right to receive notice of the proposed action and the right to comment
orally or in writing. Notice of the proposed action shall be given to each Unit Owner in
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3ook8973/Page4O Page 39 of 114

writing and shall be delivered personally or by mail to all Unit Owners at such address as
appears in the records of the Association, or published in a newsletter or similar
publication which is routinely circulated to all Unit Owners The notice shall be given
not less than five (5) days before the proposed action is to be taken. The right to Notice
and Comment does not entitle a Unit Owner to be heard at a formally constituted
meeting.
Section 24.02 — Right to Notice and Hearing, Whenever the Documents require that
an action be taken after "Notice of Hearing", the following procedure shall be observed:
The party proposing to take the action (e.g. the Executive Board, a committee; an officer,
the manager, etc) shall give written notice of the proposed action to all Unit Owners or
occupants of Units whose interest would be significantly affected by the proposed action.
The Notice shall include a general statement of the proposed action and the date, time and
place of the hearing. At the hearing, the affected person shall have the right, personally
or through a representative to give testimony orally, in writing, or both (as specified in
the notice), subject to reasonable rules of procedure established by the party conducting
the meeting to assure a prompt and orderly resolution of the issues. Such evidence shall
be considered in making the decision but shall not bind the decision makers. The
affected person shall be notified of the decision in the same manner in which notice of the
meeting was given.
Section 24.03 — Appeals. Any Person having a right to Notice and Hearing shall have
the right to appeal to the Executive Board from a decision of persons other than the
Executive Board by filing a written notice of appeal with the Executive Board within ten
(10) days after being notified of the decision. The Executive Board shall conduct a
hearing within thirty (30) days, giving the same notice and observing the same
procedures as are required for the original meeting.
ARTICLE XXV
Executive Board
Section 25.01 — Minutes of Executive Board Meetings. The Executive Board shall
permit any Unit Owner to inspect the minutes of the Executive Board meetings during
normal business hours. The minutes shall be available for inspection within fifteen (15)
days after any such meeting.
Section 25.02 — Powers and Duties. The Executive Board may act in all instances on
behalf of the Association, except as provided in this Declaration, the Bylaws or the Act.
The Executive Board shall have, subject to the limitations contained in this Declaration
and the Act, the powers and duties necessary for the administration of the affairs of the
Association and of the Common Interest Community which shall include, but not be
limited to, the following:
(a) Adopt and amend Bylaws, Rules and Regulations;
33

(b) Adopt and amend budgets for revenues, expenditures and reserves;
(c) Collect assessments for Common Expenses from Unit Owners,

including assessments for costs necessary for the Association to
perform its obligations;
(d) Hire and discharge managing agents;
(e) Hire and discharge employees and agents, other than managing
agents, and independent contractors;
(f) Institute, defend or intervene in litigation or administrative

proceedings in the Association's name on behalf of the Association
or two or more Unit Owners on matters affecting the Common
Interest Community;
(g) Make contracts and incur liabilities;
(h) Regulate the use, maintenance, repair, replacement and

modification of the Common Elements;
(i) Cause additional improvements to be made a part of the Common

Elements;
(j) Acquire, hold, encumber and convey in the Association's name

any right, title or interest to real property or personal property, but
Common Elements may be conveyed or subjected to a Security
Jnterest only pursuant to Section 47-254 of the Act;
(Ic) Grant easements, leases, licenses and concessions for no more than
one (I) year through or over the Common Elements;
(I) Impose and receive payments, fees or charges for the use, rental or
operation of the Common Elements, other than Limited Common
Elements described in subsections (2) and (4) of Section 47-221 of
the Act, and for services provided to Unit Owners;
(m) Impose charges or interest or both for late payment of assessments

and, after Notice and Hearing, levy reasonably fines for viojations
of this Declaration, and the Bylaws, and Rules and Regulations of
the Association;
(n) Assign the Association's right to future income, including the right
to receive Common Expense assessments, subject to the limitations
set forth in this Declaration;
34

(o) By resolution, establish committees of members of the Executive
Board, permanent and standing, to perform any of the above
functions under specifically delegated administrative standards, as
designated in the resolution establishing the committee. All
committees must maintain and publish notice of their actions to
Unit Owners and the Executive Board. However, actions taken by
a committee may be appealed to the Executive Board by any Unit
Owner within forty-five (45) days of publication of such notice,
and such committee action must be ratified, modified or rejected
by the Executive Board at its next regular meeting;
(p) Open and maintain bank accounts on behalf of the Common

Interest Community and designate the required signatories;
(a,) Obtain and maintain insurance coverage in accordance with the

requirements of the act and the Declaration or in such greater
amounts as it may determine;
(r) Exercise any other powers that (i) are conferred by the declaration
or Bylaws; (ii) may be exercised in Connecticut by legal entities of
the same type as the Association; (iii) are necessary and proper for
the governance and operation of the Association;
(s) Impose reasonable charges for the preparation and recordation of

amendments to this Declaration, resale certificates required by
Section 47-270 of the Act or statements of unpaid assessments; and
(t) Provide for indemnification of the Association's officers and

Executive Board members and maintain Director's and Officer's
liability insurance.
(u) Maintain Escrow Account for reimbursement of ADA assessable

improvements to individual units.
Section 25.03 — Executive Board Limitations. The Executive Board may not act on
behalf of the Association to amend this Declaration, to terminate the Common Interest
Community or to elect members of the Executive Board or determine the qualifications,
powers and duties, or terms of office of Executive Board members, but the Executive
Board may till vacancies in its membership for the unexpired portion of any term.
ARTICLE XXVI
Condemnation
If part or all of the Common Interest Community is taken by any power having the
authority of eminent domain, all compensation and damages for and on account of the
taking shall be payable in accordance with § 47-206 of the Act.
35

ARTICLE XXVII
Miscellaneous
Section 27.01 — Captions. The captions contained in the Documents are inserted only as
a matter of convenience and for reference, and in no way define, limit or describe the
scope of the Documents or the intent of any provision thereof.
Section 27.02 — Gender. The use of the masculine gender refers to the masculine,
feminine and neuter genders and the use of the singular includes the plural, and vice
versa, whenever the context of the Documents so requires.
Section 27.03 — Waiver. No provision contained in the Documents is abrogated or

waived by reason of any failure to enforce the same, irrespective of the number of
violations or breaches which may occur.
Section 27.04 — Invalidity. The invalidity of any provision of the Documents does not
impair or affect in any manner the validity, enforceability or effect of the remainder and
in the event of the invalidity of a provision of the Documents, all of the other provisions
of the Documents shall continue in fill force and effect.
Section 27.05 — Conflict. The Documents are intended to comply with the requirements
of the Act and Chapter 600 of the Connecticut General Statutes. In the event of any
conflict between the Documents and the provisions of the Statutes, the provisions of the
Statutes shall control. In the event of any conflict between this Declaration and any other
Document, this Declaration shall control.
Section 27.06— Execution of Documents. The President or Secretary of the Association

is responsible for preparing, executing, filing and recording amendments to the
Documents.
Section 27.07 — Successors & Future Owners. The provisions of this Declaration and
the requirements and obligations contained in the Zoning Approval Letter shall be
binding upon all successors to Declarant's interests in the Property and upon all future
owners of the Property or any portion thereof, including the owners, from time to time, of
the Units.
Section 27.08— Alternative Dispute Resolution. As a prerequisite to commencement of

a judicial proceeding, the following legal disputes, claims, or controversies between the
Executive Board and Unit Owners or between two or more Unit Owners regarding the
Common Interest Community must be submitted to nonbinding alternative dispute
resolution as follows:
Except for (a) actions for collection of unpaid Common Expense assessments and charges
and fees that can become Common Expense assessments and (b) disputes with the
Declarant, prior to the commencement of judicial proceedings, any legal disputes, claims
36

or controversies between the Executive Board and one or more Unit Owners, or between
Unit Owners, shall be determined by alternative dispute resolution in Fairfield County in
accordance with the rules for commercial arbitration of the American Arbitration
Association with a single arbiter with experience in community association law. Such
alternative dispute resolution shall commence within fourteen (14) days of the
submission of the dispute for the selection of the mediator.
In an attempt to informally resolve such dispute without the need for arbitration,
prior to undertaking of arbitration as described below, such disputes will first be
submitted to mediation before a mediator selected by the Executive Director of the
Connecticut Chapter of the Community Associations Institute or any licensed or
otherwise recognized alternative dispute agency, pursuant to the Rules of the American
Arbitration Association. The mediator shall have experience in common interest
community law. Such mediation shall commence within thirty (30) days of the
submission of the dispute for the selection of the mediator and, if no decision has been
agreed upon, shall terminate within two (2) weeks of the commencement of the
mediation. If no decision has been agreed upon, the mediator may make a recommended
settlement which will be introduced as non-binding evidence at the hearing of the
arbitration undertaken below.
If no decision has been reached by mediation, the parties may submit the dispute
to final and binding arbitration upon application to the American Arbitration Association
or any licensed or recognized alternative dispute resolution agency with a request for a
single arbitrator experienced in community association law.
Upon commencement of arbitration, within one (I) week of notice to the

arbitrator, the arbitrator shall forthwith set a date, but not less than thirty (30) days
following the submission to arbitration, for the hearing, at which the parties and counsel
and such witnesses as they feel necessary may appear and send written notice to the
parties and to the Association, if not a party. Within one (1) week after the notice, the
Association shall submit to the arbitrator and the parties all of the information required by
Section 47-270(a) of the Act to be submitted to a purchaser with a certification that such
information is current and correct. Prior to one (1) week before the date set for the
hearing, each of the parties shall exchange with the other parties, with copies to the
arbitrator, all relevant documentation that he intends to use in the arbitration proceedings.
At the arbitration hearing, following submission of evidence and argument to the

arbitrator, the parties shall each thereupon, within one (I) week of the termination of the
hearing, submit draft, proposed terms of a final arbitration decision and award to the
arbitrator and the other parties. The arbitrator shall choose as the final award one of the
parties' draft submissions of proposed decision and award without compromise or
amendment based upon the arbitrator's determination as to which draft decision and
award most closely represents the law, the language of the common interest community
documents, and the good and welfare of the common interest community as a whole.
37

The arbitrator will select the prevailing party, if any, to whom fees, costs, and
actual attorney's fees will be awarded and, if there are more than one non-prevailing or
prevailing party, the division of such fees and costs between them.
The decision of the arbitrator will be final and may be enforced by injunction,
damages, or any other appropriate remedy at law in any Connecticut court of competent
jurisdiction in accordance with the Act and Connecticut law applicable to arbitration
enforcement,
Section 27.09 — Iflsoute Resolutionlfleclarant/ContractorlArebitectfEngjneer, The

Unit Owners and Association are required pursuant to this Declaration that anytime
before or after the Owner occupies the Unit that any dispute regarding the construction of
the Unit, common areas or any matter involving the community shall be submitted to
binding arbitration. The issue shall be governed by the American Arbitration Rules of
the Construction Industry. The parties may agree on a procedure other than set forth
herein but only by the mutual consent of both parties. This agreement to arbitrate
includes all claims arising out of the Owner's use and occupancy, construction,
habitability, fitness for purpose or any other issue regarding construction of the Unit and
any and all Association claims. Regardless of whether the relief sought is legal or
equitable all issues shall be submitted to binding arbitration. The Owners and
Association will not cause any lawsuit to be filed or join in any lawsuit or action filed in
state or federal court against the Declarant or in any class action proceeding against the
Declarant involving construction claims for damages or equitable relief. All claims shall
be submitted to binding arbitration.
The Unit Owners and Association will not proceed against the contractor which
constructed the Premises or Building for any issues related to the construction of the
Unit, Building or Common Element and the contractor may be joined and consolidated in
any arbitration proceeding initiated by the Unit Owners or Association pursuant to the
contract agreement between the Declarant and the contractor. All claims shall be
consolidated into one (1) arbitration proceeding to the extent that they arise out of the
same issues related to the Unit Owners' and Association's claim. The Unit Owners and
Association are obligated to said consolidation of arbitration proceedings. The Unit
Owners and Association acknowledge that any decision rendered in a consolidated
hearing which includes the contractor shall be binding and shall be submitted to a court
of competent jurisdiction and judgment shall enter in accordance therewith.
The Unit Owners and Association will not proceed against the architect and/or
structural engineer which designed the Premises for any issues related to the design of the
Unit, Building or Common Element and acknowledge that the architect may be joined
and consolidated in any arbitration proceeding initiated by the Unit Owners and
Association pursuant to the contract between the Declarant and the architect. All claims
shall be consolidated into one arbitration proceeding to the extent that they arise out
of the same issues related to the Unit Owner's and Association's claim. The Unit Owners
and Association consent to said consolidation of arbitration proceedings. The Unit
Owners, Association and Declarant acknowledge that any decision rendered in a
38

consolidated hearing which includes the architect and/or structural engineer shall be
binding and shall be submitted to a court of competent jurisdiction and judgment shall
enter in accordance therewith.
As a condition precedent to any demand for arbitration the Unit Owners and
Association shall provide the Declarant with notice of any complaint, defect, or issue
regarding the construction of the Owner's Unit, Building or Common Elements or any
other claim, and allow the Declarant and the contractor to cure and repair any problem.
The Declarant will respond with an attempt to cure and/or repair within twenty (20) days
after notice is received from the Unit Owners and Association. If the Unit Owners and
Association are not satisfied with the cure and repair or contend that the issue(s)
was/were not resolved then the Units Owners and Association may proceed to demand
arbitration. This Section 27.09 may not be deleted, modified or amended by the
Executive Board or members of the Association.
The Association is obligated to perform as recommended in the manufacturer's

warranties and recommend maintenance schedule, all necessary routine maintenance,
maintenance inspections, and other necessary repairs and maintenance called for as a
result of these maintenance inspections. The Unit owners and Association save harmless
and indemnifS' the Declarant, Contractors, Architect, and Engineer, and all subcontractors
in connection with claims where said maintenance recommendations contained in the
manufacturer's warranties and recommend maintenance schedule are not performed.
Section 27.10 - Special Provisions Relating to Potential Conversion of Residential

Units to Handicap Units. The Declarant will deposit a sum into a special escrow
account held by Sandak Hennessey & Greco, LLP, 707 Summer Street, Stamford, CT
06902 (the "Escrow Agent"). The account will be funded by the Purchasers at the time
of closing pursuant to the Purchase and Sale Agreement. The Contract provides for up to
$500.00 per Purchaser to be paid into said Fund. The purpose of the escrow account is to
provide a source of funds for owners of the Residential Units to draw upon to make
interior changes to their units for handicap accessibility purposes. An Owner may
request to draw upon the account by giving a written notice to the Escrow Agent and the
Association's President; the notice shall contain a written statement of the work
proposed, the reason for the work and the estimated cost thereof. The Executive Board
shall review the request within thirty (30) days of the date of the notice and is received by
the President at a meeting where the requesting Owner is given the opportunity to attend
and make a presentation; the Executive Board shall advise the Owner within seven (7)
days of such meeting of the Executive Board's decision concerning the request. The
Executive Board may approve the full request, reduce the amount of the request or deny
the request; in approving or partially approving such request, the Executive Board may
also set forth conditions for the drawing down of funds approved. The account shall be
separate from the Annual Budget and Operating Account and may not be used for any
other purpose than as described herein.
The Escrow Agent shall hold the escrow funds in an interest bearing account for the
benefit of the Association. All interest earned in the account shall remain in the account
39

for the puiposes herein set forth except that the Association may also draw upon the
account to pay any Federal or State taxes imposed upon the Association on the account of
interest earned thereon, The Escrow Agent shall take directioD as to disbursement of the
escrow funds from only authorized officers of the Association."
IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed

this %r-1isT of
Signed, Sealed and Delivered Dccl arant

in the presence of:
ADAMS MILL RIVER HOUSE
ASSOCIATES, LLC
By; Stillwater Investment
Managemenp'Co, Inc.,
By:
Kmol, President
STATE OF CONNECTJCUT )
Stamford 3 C) ,
COUNTY OF FAIRFIELD
Personally appeared Paxton Kinol, President of Stillwater investment

Management Co., Inc., signer of the foregoing instrument and acknowledged the same to
be his free act and deed and the free act and deed of said company and Adams River
House Associates, LLC, before me.
P. eeney
Commissioner of the
40
8ook8973/Fage48 Page 47 of 114

r
SCHEDULE A-I (I of 6)
PROPERTY DESCRIPTION
II Adams Avenue
ALL THAT CERTAIN piece, parcel or tract of land, together with the buildings and
improvements thereon, situated in the City of Stamford, County of Fairfield, and State of
Connecticut, known and designated as "B Area 5308 Sq. Ft." as shown and delineated on a
certain map entitled, "Map of Property at Stamford, Conn, Subdivided for John Pryor," which
map is on file in the office of the Town Clerk of said Stamford as the Map No. 4980.
Said premises are bounded and described as follows:
NORTHERLY: 109.33 feet more or less, by land of James Prior and George
Michael;
EASTERLY: 5030 feet, more or less, by land of R L M Inc.;
SOUTHERLY: 110.53 feet, more or less, by land of Getty Petroleum Corp.; and
WESTERLY: 50.00 feet, more or less, by Adams Avenue.
Together with an easement for driveway and garage purposes as set forth in agreement
recorded in Volume 3402 at Page 254 of the Stamford Land Records, as shown on Map
No. 12073,

SCHEDULE A-i (2 of 6)
17 Adams Avenue
All that certain piece, parcel or tract of land, together with the buildings and
improvements thereon, situated in the City of Stamford, County of Fairfield and State of
Connecticut, as shown and delineated on a certain map entitled "Map of Property at Stamford,
Coon. Subdivided For John Ptyor", which map is on file in the office of the Town Clerk of said
City of Stamford as Map Number 4980. Said premises are bounded and described as follows:
NORTHERLY: 106.71 feet, more or less, by land now or formerly of Henry

Adams;
EASTERLY: 97.59 feet, more or less, by land now or formerly of The Colonial
Cadillac Co.;
SOUTHERLY: 109.33 feet, more or less, by land now or formerly of the Estate of
John Pryor; and
Said premises are also known as #17 Adams Avenue, Stamford, Connecticut.
Said premises are subject to, zoning and planning ivies and regulations of the City of
Stamford, taxes of the City of Stamford, an easement for driveway and garage purposes
in favor of the owners of Lot "B" on said Map #4980 as set forth in an instrument dated
March 28, 1989 and recorded in Volume 3402 at Page 254 and as shown on Map #12073
of the Stamford Land Records and rights of tenants in possession.
Book8973/Page5O Page 49 of 114

PROPERTY DESCRiPTION
21 Adams Avenue
ALL THAT CERTAIN tract of land, with the buildings and improvements thereon,
situated in the City of Stamford, County of Fairfield and State of Connecticut, bounded and
described as follows:
NORTHERLY: 145.7 feet, more or less, by land now or formerly of Antonio

Cerreto, et mc;
EASTERLY: 65.0 feet, more or less, by land now or fonnerly of Dorothy

Campanile, et al and land now or formerly of Helena It. Singleton,
each in part;
SOUTHERLY: 146.2 feet, more or less, by land now or formerly of Tide Water
Associated 011 Company, and land now or fonnerly of Ada
Elizabeth Hoyt, each in part; and
6ook8973/Page5l Page 50 of 114

23 -25 Adams Avenue
ALL that certain piece, parcel or tract of land, together with the buildings and
Connecticut, bounded and described as follows:
NORTHERLY: i49.02 feet, more or less, by land now or fonnerly of John T.

Hanrahan;
EASTERLY: 56.87 feet, more or less, by land now or formerly of John T

Hanrahan and land now or fonnerly of William Quinlan;
SOUTHERLY: 147.43 feet, more or less, by land now or formerly of Michael

Abbazia; and
WESTERLY: 51.28 feet, more or less, by Adams Avenue

a
L
a
SCHEDULEA-1 (5 of 6)
27Adams Avenue
All that certain piece, parcel or tract of land, situated in the said City of Stamford, and
— bounded and described as follows:
NORTHERLY: 150.81 feet by land of Rising Sons and Daughters of Peace and
Daughters of Good Samaria and land of Fannie C. Doswell and
land of Mary E. Cousins;
EASTERLY: 56.87 feet by land of Cornelia S. Blackshear,
SOUTHERLY: 149.02 feet by land of Antonio Ceneta, et ux; and
WESTERLY: 51.28 feet by Adams Avenue.

9,
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9,
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B6ok8973/Page53 Page 52 of 114

S
L
L
PROPERTY DESCRiPTION
Ii 31 Adams Avenue
L
All that certain piece, parcel or tract of land, together with the buildings and
Connecticut, bounded and described as follows;
NORTHERLY: By Green Street;
EASTERLY: By land of Joseph Icrupiarz, formerly of Abe Webski;
SOUTHERLY: By land of Percell Clark; and
WESTERLY: 5700 feet, more or less, by Adams Avenue.
hi
Pt
Pt

DECLARATION OF
ADAMS MILL RIVER HOUSE CONDOMINIUMS
SCHEDULE 4-2
TABLE OF ALLOCATED INTERESTS AND VOTES
UNIT ALLOCATED INTEREST VOTES

One (I) Bedroom Unit 1,77%
Two (2) Bedroom Units 1.77% 1 each
Two (2) Bedroom Units % .8843 1 each

Affordable
Three (3) Bedroom Units 1.77% 1 each
Three (3) Bedroom % .8843 1 each

Affordable
Two (2) Bedroom Units

(Total: — Units)
Three (3) Bedroom Units
(Total: 100%
One_(1) Bedroom_Unit
41

DECLARATION OF
SCHEDULE A-3
THE SURVEY
See Attached.
42
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DECLARATION OF
scmcnuut A-4
THE PLANS
See Attached
43

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DECLARATION OF
SCHEDULE A-5
ZONING BOARD APPROVAL
See Attached
44

I
ZONING BOARD of the CITY OF STAMFORD, in
compliance with Special Act No, 619 of the 1953 General Assembly, hereby certify that on
December 19, 2005 the ZONING BOARD considered the application of:
)
A4FPL. 205-384 -ADAMS MILL RIVER ASSOCL4TES. LLC
Requesting approval of Final Plans to construct sixty (60) residential condominium units in a
four and one-half story building above an enclosed parking garage containing 93 parking spaces,
with associated open space, landscaping and drainage improvements, for property within the
MRI) Mill River Designed District comprising a total of 46,785 square feet, Block Number 265,
and fUrther described as follows:
The subject property is comprised of multiple lots, known as 11-31 Adams Avenue and located
on the southeast corner of Adams Avenue and Green Street, bounded westerly 361 +1- feet by
Adams Avenue, bounded northerly 112 +1- feet by Green Street, bounded easterly and northerly
117 +1- feet by land ri/f of Harold Mims et al, bounded easterly and southerly 366 +1- feet by
land n/f of Pauline Rouser, Nealie Cook, Robert Armstrong, and Carlos J. Silva et a!, and by land
n/f of Robert Marandino, each in part, and bounded southerly 135 +1- feet by land n/f of Spring
Corporation, comprising a total of 46,785 square feet, Town Clerk Block No. 265.
And the land affected js owned by and located on the following street(s):
NAME STREET
Adams Mill River LLC 17, 21,23-25,27 and 31 Adams Avenue

Fritz Marc et a! II Adams Avenue
And the following is a statement of its findings: UNANIMOUSLY APPROVED AS

MODIFIED on December 19,2005, subject to the following conditions:
1. Submission of final designs and specifications for the reconstruction of the pedestrian
sidewalkfstreetscape for all street frontages of the project along Adams Avenue and
Green Street, including the design and location of planters, walls, ramps, steps, railings,
trash receptacles, benches, parking meters, power transformers and relocated utility poles
within the pedestrian zone, subject to approval by the Transportation Planner and Zoning
Board staff prior to the issuance of a building perthit and completion prior to the issuance
of a Certificate of Occupancy. Streetscape fixtures, materials and designs shall be
generally consistent with adopted "Railtrail" standards, subject to approval of Zoning
Board staft
2. Execution of a sidewalk easement in favor of the City of Stamford along the frontages of
Adams Avenue and Green Street to include all portions of proposed public sidewalks

located on private property. Such easements shall be subject to approval by the Director
of Legal Affairs and shall be delivered prior to issuance of a Certificate of Occupancy.
3. Landscaping and perimeter fencing plans are approved in concept, subject to approval of
construction documents by the Zoning Board staff; with street tree specifications subject
to final approval by the Stamford Tree Warden.
4. Lighting plans are approved in concept, subject to approval of final construction

documents by the Zoning Board staff Operation and maintenance of public street lights
other than standard "cobra heads" are subject to determination by the Stamford Director
of the Office of Operations.
5. Submission of final trash management plans, subject to the approval by Zoning Board
staff prior to the issuance of a building permit.
6. Signage plans shall be submitted to and subject to approval by the Zoning Board staff,
provided that signage shall not exceed two signs not to exceed thirty (30) square feet
each.
7. A Street Opening Permit shall be required for any and all work within any street right of
way of the City of Stamford.
8. Submission of a drainage impact statement that shall confirm that there will be no
adverse impacts to adjoining properties and/or City drainage systems, subject to approval
by the Engineering Bureau prior to issuance of a building permit.
9. Submission of a comprehensive site plan showing proposed grading, underground utility

connections (on-site and off-site), sanitary sewer connections and proposed storm water
management systems, subject to approval by the Engineering Bureau prior to the issuance
of a building permit.
10. Submission of a Performance Bond, or other acceptable surety, to ensure completion of

all required off-site improvements, all streetscape improvements, all landscape
improvements, and sedimentation and erosion controls, in an amount equal to the
estimated cost of said improvements, subject to the approval of Director of Legal Affairs
as to form and subject approval of amount by the Zoning Board staff; to be provided prior
to the start of any construction activities.
11. No significant ground-mounted mechanical equipment, in addition to that depicted on the

building and site plans, shall be installed within the view of any public street without
prior approval of the Zoning Board staff
12. Submission of a Construction Staging and Management Plan to insure safe, adequate and
convenient vehicular traffic circulation and operations, pedestrian circulation,
maintenance of on-street parking, and protection of environmental quality through
mitigation of noise, dust, ftmes and debris, subject to final approval by the Director of

Operations and Land Use Bureau Chief, prior to issuance of a Building Permit. Such
construction management plan shall address, but not be limited to, reasonable restrictions
on times when deliveries can be made to the job site, measures to control dust, staging
areas for materials and construction *orker parking, measures requiring the timely
removal of construction debris and/or littler from the job site, and designation of the
contact person responsible for enforcement of the Management Plan.
13. Submission of a Drainage Facilities Maintenance agreement and a Landscape

Maintenance Agreement, subject to approval by the Director of Legal Affairs and
Environmental Protection Board staff prior to issuance of a Certificate of Occupancy.
14. Submission of a plan for the assignment of parking within the garage, including an
appropriate amount of visitor parking, subject to approval by Zoning Board staff prior to
the issuance of the Certificate of Occupancy.
15. Prior to the issuance of a Certificate of Occupancy, the Applicant shall submit an
Affordability Plan permanently establishing on-site a total of seven (7) below market rate
dwelling units, consisting of three (3) units for residents earning 25% of the
Average Median income; two (2) units for residents earning 50% of the Average Median
Income; and 2 units for residents earning 60% of the Average Median Income, subject to
the approval of the Zoning Board, and upon recommendation of the Director of Public
Health, Safety and Welfare and the Director of Legal Affairs. The BMR units shall be
offered for sale and shall be distributed indiscriminately throughout the building. In
addition, prior to the issuance of the Certificate of Occupancy, the Applicant shall make a
cash contribution as designated by the Zoning Board, in an amount equal to 20% of the
"fee in lieu" payment for one BMR affordable unit pro rata.
16. Submission of final specifications of exterior architectural designs, materials samples,

and colors, subject to final approval by the Zoning Board staff; consistent with the
building and site plans, architectural elevations and illustrative renderings constituting the
record of the application, prior to the issuance of a building permit
17. The design of the one-way entrance to the garage shall maintain a minimum width of
fourteen (14) feet where practical, with adequate turning geometry, subject to review and
approval of the Transportation Planner prior to the issuance of a building permit.
18. The applicant shall be responsible for the construction of off-site improvements related to
the Mill River Park project, consisting of the rehabilitation/reconstruction of the
strcetscape on the south side of Grepn Street to the corner with Hanrahan Street,
extension of the Mill River Trail improvement along the east side of Hanrahan Street to
the corner with Green Street, and construction of a twelve foot wide asphalt trail from the
corner of Hanmahan and Green Street north along the river to the Hart School property
line. The design and specifications of these streetscape and park improvements shall be
submitted to and subject to approval by the Transportation Planner and Zoning Board
staff, and shall be confined to the street right-of-ways and public property available for
such purposes, designed within the constraints of existing utility infrastructure.

Effective Date of this Decision: December 27, 2005.
PHYLLIS KAPILOFF, CHAIRMAN
BOARD/CIW OF AMFORD, CT
Filed in the Town Clerk's Office of the City of Stamford on December 28, 2005.
2053 SMu.doc
)
)
Book8973/PageB9 Page 68 of 114
Block No.265:
ZONING BOARD CERTIFICATE
I, Phyllis Kapioff, Chairman of the ZONING BOARD of the CITY OF STAMFORD, in

compliance with Special Act. No. 619 of the 1953 General Assembly, hereby certilS' that on
November 14, 2005 a Public Hearing was held by the ZONING BOARD on the application of
APFL. 205-38 -ADAMS MILL RIVER ASSOCIATES, LLC
Requesting approvaL of General Site Plans to construct sixty (60) residential condominium units
in a four and one-half story building above an enclosed parking garage containing 93 parking
spaces, with associated open space, landscaping and drainage improvements, for property within
the MRD Mill River Designed District comprising a total of 46,785 square feet, Block Number
265, and further described as follows:
The subject property is comprised of multiple lots, known as 11-31 Adams Avenue and located
on the southeast corner of Adams Avenue and Green Street, bounded westerly 361 +1- feet by
Adams Avenue, bounded northerly 112 +1- feet by Green Street, bounded easterly and northerly
117 +1- feet by land n/f of Harold Mints et ai, bounded easterly and southerly 366 +1- feet by
land n/f of Pauline Houser, Nealie Cook, Robert Armstrong, and Carlos J. Silva et al, and by land
n/f of Robert Marandino, each in part, and bounded southerly 135 +1- feet by land n/f of Spring
Corporation, comprising a total of 46,785 square feet, Town Clerk Block No. 265.
And the land affected is owned by and located on the following street(s):
NAME STREET
Adams Mill River LLC 17,21,23-25,27 and 31 Adams Avenue

Fritz Marc et a! 11 Adams Avenue
*******
And the following is a statement of its findin'gs: UNANIMOUSLY APPROVED AS
MODIFIED on December 12, 2005, subject to the following conditions:
1. Submission of designs and specifications for the reconstruction of the pedestrian

sidewalk/streetscape for all street frontages of the project along Adams Avenue and
Green Street, including the design and location of planters, walls, ramps, steps, railings,
trash receptacles, benches, parking meters, power transformers and relocated utility poles
within the pedestrian zone. Streetscape fixtures, materials and designs shall be generally
consistent with adopted "Railtrail" standards.
2. Signage plans shall be submitted to and subject to approval by the Zoning Board staff,
provided that signage shall not exceed two signs not to exceed thirty (30) square feet
each.
Book8973/Page7O Page 69 of 114

3. No significant ground-mounted mechanical equipment, in addition to that depicted on the
building and site plans, shall be installed within the view of any public street without
prior approval of the Zoning Board staff.
4. The Applicant shall submit an Affordability Plan permanently establishing on-site a total
of seven (7) below market rate dwelling units, consisting of three (3) units reserved for
residents earning 25% of the Average Median Jncome; two (2) units for residents earning
50% of the Average Median Income; and 2 units for residents earning 60% of the
Average Median Income, subject to the approval of the Zoning Board, and upon
recommendation of the Director of Public Health, Safety and Welfhre and the Director of
Legal Affairs. The BMR units shall be offered for sale and shall be distributed
indiscriminately throughout the building. In addition, prior to the issuance of the
Certificate of Occupancy, the Applicant shall make a cash contribution as designated by
the Zoning Board, in an amount equal to 20% of the "fee in lieu" payment for one BMR
affordable unit pro rats.
5. Submission of specifications of exterior architectural designs, materials samples, and

colors, subject to final approval by The Zoning Board, consistent with the building and
site plans, architectural elevations and illustrative renderings constituting record of
the application.
6. The design of the one-way entrance to the garage shall be subject to review and approval
by the Transportation Planner.
7. The applicant shall be responsible for the construction of off-site improvements related to
the Mill River Park project, consisting of the rehabilitation/reconstruction of the
streetscapc on the south side of Green Street to the corner with Hanrahan Street,
extension of the Mill River Trail improvement along the east side of Hanrahan Street to
the corner with Green Street, and construction of a twelve foot wide asphalt trail from the
corner of Hanrahan and Green Street north along the river to the Hart School property
line. The design and specifications of these stxeetscape and park improvements shall be
confined to the street right-of-ways and public property available for such purposes,
designed within the constraints of existing utility infrastructure.
Effective Date of this Decision: December 27, 2005.
orsiAMFoiw, CT
2053 Beer. duo

Block 265
I, Phyllis Icapioff, Chairman of the ZONING BOARD of the CITY OF STAMFORD, in

compliance with Special Act. No. 619 of the 1953 General Assembly, hereby certify that on
November 14, 2005, a Public Hearing was held by the ZONING BOARD on the application of;
APPL. 205-37 - ADAMS MILL RIVER ASSOCIATES, LLC
Requesting approval to amend the Zoning Map of the City of Stamford, CT, to change to MRD Mill
River Design District now in the R-5 Multi-Family, Medium Density Design District.
************** ************************************
and that the following is a statement of its findings: UNANIMOUSLY APPROVED at its meeting
held on December 12, 2005, as follows:
To Change to MBD Mill River Designed District property now in the R-5 Multi-Family, Medium
Density Design District, and further described as follows:
The subject property is comprised of multiple lots, known as 11-31 Adams Avenue and located on
the southeast corner of Adams Avenue and Green Street, bounded westerly 361 4/- feet by Adams
Avenue, bounded northerly 112 +1- feet by Green Street, bounded easterly and northerly 117 +1-
feet by land n/f of Harold Mims et al, bounded easterly and southerly 366 +1- feet by land n/f of
Pauline Houser, Nealie Cook, Robert Amistrong, and Carlos J. Silva et al, and by land n/f of Robert
Marandino, each in part, and bounded southerly 135 +1- feet by land n/f of Spring Corporation,
comprising a total of 46,785 square feet, Town Clerk Block No. 265.
Ce
AFFECTED AREA
SUOWN BATChED
Effective date of this decision: December 27, 2005
ZONING BOARDflJF,THE
e
CITY OF STAMFORD

Block 4 - - -
I, Phyllis Kapiloff, Chairman of the ZONING BOARD of the CITY OF STAMFORD, in

compliance with Special Act. No. 619 of the 1953 General Assembly, hereby certify that on
November 14, 2005, a Public Hearing was held by the ZONING HOARD on the application of:
APPL. 205-36 - ADAMS MILL RIVER.ASSOCJATES. LLC
Requesting approval to amend the Stamford Zoning Regulations, Article 111, Section 9-1, Miii River
District (MRD), subsection I "Criteria for Designation of a Mill River District" to amend the
boundary of the Mill River Corridor area defining properties eligible for change of zone to MRD
District.
****************************************** ****************** ****************
and that the following is a statement of its findings: APPROVED AS MODIFIED at its meeting
held on December 12, 2005, as follows:
1. TO AMEND Article Ill, Section 9-I, Mill River District, subsection I to read as follows:
1. Criteria for Designation of a Mill River District. In order to qualify for consideration as a MRD
Mill River District, the proposed site shall be within the Mill River Conidor boundary as referenced
on the Zoning Map and the area generally described below, with a minimum of fifty (50) feet of
frontage on a public street, and shall be comprised of land zoned R-5, RMF, R-H, C-N, C-L or C-O.
General Bouhdaflr DescriptiOn: The Mill River District is generally bounded to the south by 1-95, to
the east by Washington. Boulevard, to the west by Greenwich Avenue, West Main Street, Mill River
Street, Schuyler Avenue and Adams Avenue, and to the north by West Broad Street. The northerly
boundary extends to the northerly limit of the UCONN parking garage and the limit of Master Plan
Category 5 immediately north of West Broad Street and those properties included within Master
Plan Amendment #381. The westerly boundary extends to those properties included within Master
Plan Amendment #368 and #370.
Effective date of this decision: December 27, 2005.
ZO BOARD'OF WE
CITY OF STAMFORD
Dated at the City of Stamford, CT, this 28th day of December, 2005.
.

DECLARATION OF
ADAMS MLL RIVER HOUSE CONDOMINIUMS
SCHEDULE A-7
DRAFT AFFORABILITY PLAN
See attached.
45

AFFORDABILITY PLAN OF ADAMS MILL RIVER
ASSOCIATES, LLC FOR BELOW MARKET RATE
UNITS AT ADAMS MILL RIVER,
STAMFORD, CONNECTICUT
APRIL 2007
PREPARED BY:
Amy E. Souchuns
Sandak Hennessey & Oreco LLP
707 Summer Street
Stamford, Connecticut 06901
PHONE: (203) 425-4200
FAX: (203) 325-8608
E-MAIL:
BookB973fPage75 Page 74 of 114

AFFORDABILITY PLAN FOR BELOW-MARKET-RATE UNITS,
ADAMS MILL RIVER
INTRODUCTION
Adams Mill River Associates, LLC ("Adams Mill River Associates") submits this
Affordability Plan (the "Plan!') to the City of Stamford Zoning Board for development, sale, and
administration of Below Market Rate Units ("BMR Units') at Adams Mill River, West Broad
Street, Stamford, Connecticut ("Adams Mill River"). Adams Mill River is a proposed 60 unit
condominium community to be located in a Mill River District as defined by the Stamford
Zoning Regulations.
This Plan is intended to establish compliance with the Stamford Zoning Regulations
pertaining to the Mill River District and J3MR Units, as well as with federal and state fair
housing laws, 42 U.S.C. 3601 et seq. and Conn. (len. Stat. 46-64c As set forth in
the Stamford Zoning Regulations, Article HI, § 7.4-C3, it is acknowledged that this Plan must be
approved by the Zoning Board and recorded on the land records in the City of Stamford.
A1TACHED SCHEDULES
A. Designation of BMR Units at Adams Mill River
B. Specifications for Construction Quality and Amenities of the BMR Units
C. HUD Income Definitions
D. Required Documentation of Income
E. Deed Restrictions
F. Stamford Zoning Regulations — BMR Units — Article III, § 7.4
G. Stamford Zoning Regulations — Mill River District
I. Homes Designated As Below-Market-Rate Unitsz Construction Quality And

Amenities.
The condominiums in Adams Mill River designated as BMR Units, as defined in

Article III, § 7.4 of the Stamford Zoning Regulations (the "BMR Unit Regulations") and the
Stamford "MRD" Zoning Regulations, are set forth in Schedule A. Schedule B contains
minimum specifications for construction quality and amenities for the designated BMR Units.

11. Affordability Period.
Pursuant to the BMR Unit Regulations, the BMR Units shall remain subject to sale and
resale controls for so long as the development exists.
ilL Entity Responsible For Administration And Compliance.
The City's Director of Public Safety, Health and Welfare, or the Director's designee, shall
serve as the Affordable Housing Manager ("AHM") for Adams Mill River and, subject to the
enforcement powers set forth in this Plan, will be responsible for administering this Plan and for
complying with krticle III, § 7.4-C3 of the Stanford Zoning Regulations, Schedule F.
Adams Mill River Associates has selected the Housing Development Fund, Inc. ("HDF"),
a non-profit entity with an expertise in affordable housing sales, to perform the homebuyer
selection process for Jnitial Sales under this Plan, in accordance with the contract between
Adams Mill River Associates and HDF. Adams Mill River Associates shall compensate
HDF for its duties and retention of HDF by Adams Mill River Associates shall be for Initial
Sales only. Accordingly, the City has forwarded all names and contact information it has
received from prospective homebuyers to HDF for inclusion in its homebuyer selection process.
Notwithstanding the foregoing, the City's Director of Public Safety, Health and Welfare
shall retain all enforcement powers and remedies as AHM and does not by this Plan relinquish or
delegate its rights or remedies.
IV. Responsibilities Of The AIIM.
The AIiM will manage the application, income eligibility, sale/resale price, conveyance,
administration, record-keeping and certification processes for the BMR Units and will maintain
the information and documentation necessary to ensure and demonstrate compliance with this
Plan.
V. Notices Of Initial Sale Of BMR Units.
The AHM shall provide notices of the initial availability of each BMR Unit in accordance
with the Affirmative Fair Housing Marketing Plan set forth in § VII. The ARM shall also
provide such notice to the Zoning Board. Such notices shall include a description of the
available BMR Units, the eligibility criteria for potential purchasers, the maximum sales price
(as hereinafter defined), and the availability of application forms and additional information.
Such notices shall be promulgated so as to reasonably come to the attention of those "least likely
to apply" as defined in 8-37ee-30C) et seq. of the Regulations of Connecticut State Agencies,
as amended, which the AIiM may use as guidelines for providing notices of BMR Unit
availability. All such notices shall also comply with the federal Fair Housing Act, 42 U.S.C.
BookS973fPage77 Page 76 of 114

3601 et seq. and the Connecticut Fair Housing Act, Conn. (len. Stat. 46a-64b, Mc
(together, the "Fair Housing Acts).
VI. Initial Purchaser Eligibility.
The BMR Units shall be affordable to the range of incomes set forth in § 5 of the MRD
Regulations. Specifically, of the 60 units at Adams Mill River, 7 units will be BMR Units: Not
less than three (3) units shall be affordable to families earning not more than 25 percent of the
median household income of the Stamford Standard Metropolitan Statistical Area ('SMSA"); not
less than two (2) units shall be affordable to families earning not more than 50 percent of the
median household income of the SMSA; and no more than two (2) units shall be affordable to
families earning not more than 60 percent of the median household income of the SMSA. The
median household income of the SMSA will be determined using the statistics published and
periodically revised by the U.S. Department of Housing and Urban Development ("HUD"). The
AHM and Adams Mill River Associates shall encourage the purchase and occupancy of BMR
Units by families with Section 8 vouchers or other governmental housing assistance.
VII. Affirmative Fair Housing Marketing Plan.
The availability of the BMR Units at Adams Mill River shall be publicized, using state
regulations for affirmative fair housing marketing programs 8-37ee-300 as
guidelines. The purpose of such efforts shall be to apprise residents of municipalities of
relatively high concentrations of minority populations of the availability of such units. Notices
of initial availability of units shall be provided, at a minimum, by advertising at least two times
in a newspaper of general circulation in such identified municipalities. The AHM shall also
provide such notices to the Zoning Board. Such notices shall include a description of the
available BMR Units, the eligibility criteria for potential purchasers, the maximum sale price (as
hereinafter defined), and the availability of application forms and additional information.
Using the above-referenced State regulations as guidelines, dissemination of information

about available affordable and market rate units shall include:
A. Analyzing census, Connecticut Department of Economic and Community

Development city profiles, and other data to identify racial and ethnic groups least likely to apply
based on representation in Stamford's population, including Asian Pacific, Black, Hispanic, and
Native American populations.
B. Announcements/advertisements in publications and other media that will

reach minority populations, including newspapers, such as the Stamford Advocate or radio
stations serving Stamford and other cities and towns in the metropolitan statistical area and
regional planning area, and advertisements or flyers likely to be viewed on public transportation
or public highway areas.
-3-
Book8973/Page7B Page 77 of 114

C. Announcements to social service agencies and other community
contacts serving low-income minority families (such as churches, civil rights organizations, the
housing authority and other housing authorities in nearby cities and towns, legal services
organizations, etc.).
D. Assistance to minority applicants in processing applications.
F. Marketing efforts in geographic area of high minority concentrations

within the housing market area and metropolitan statistical area.
F. Beginning affirmative marketing efforts prior to general marketing of

units, and repeating again during initial marketing and at 50 percent completion.
VU!. Application Process.
A family or household seeking to purchase one of the BMR Units ("ApplicanV') must
complete an application to determine eligibility. The application form and process shall comply
with the state and federal Fair Housing Acts.
A.
The application form shall be provided by the AHM and shall include an income pre-
certification eligibility form and an income certification form. In general, income for purposes of
determining an Applicant's qualification shall include the Applicant family's total anticipated
income from all sources for the twelve (12) month period following the date the application is
submitted ("Application Date"). If the Applicant's financial disclosures indicate that the
Applicant may experience a significant change in the Applicant's future income during the
twelve (12) month period, the AHM shall not consider this change unless there is a reasonable
assurance that the change will in fact occur. In determining what is and is not to be included in
the definition of family annual income, the ARM shall use the criteria set forth in Schedule C.
B. Applicant Interview.
The ARM shall interview an Applicant upon submission of the completed application.
Specifically, the AHM shall, during the interview, undertake the following:
I. Review with the Applicant all the information provided on the application.
2. Explain to the Applicant the requirements for eligibility, verification

procedures, and the penalties for supplying false information,
3. Verify that all sources of family income and family assets have been listed
in the application. Make clear that the term "family" includes all individuals who are to occupy
the home, and that no relationship by blood or marriage is required.
-4-

4. Require the Applicant to sign the necessary release forms to be used in
verifying income. Inform the Applicant of what verification and documentation must be
provided before the application is deemed complete.
5. Inform the Applicant that a decision as to eligibility cannot be made until

all items on the application have been verified.
6. Review with the Applicant the process and restrictions regarding re-sale.
C. Verification Qf Applicanfs Income.
Where it is evident from the income certification form provided by the Applicant that
the Applicant is not eligible, additional verification procedures shall not be necessary. However,
if the Applicant appears to be eligible, the ARM shall issue a pre-certification letter. The letter
shall indicate to the Applicant and the Developer that the Applicant is income eligible, subject to
the verification of the information provided in the Application. The letter will notify the
Applicant that he/she Will have thirty (30) days to submit all required documentation.
If applicable, the Applicant shall provide the documentation listed on Schedule D to the
ARM. This list is not exclusive, and the AHM may require any other verification or
documentation, as the AHM deems necessary.
D. Fee.
The ARM may charge a reasonable application fee for the purpose of covering its
administrative expenses in processing applications for occupancy and screening of applicants for
eligibility for I3MR Units.
IX. Prioritization Of Apr,Iicauts/Lottery.
If, after publication of the Notice of Initial Sale as described in * V hereof, the number of
qualified applicants exceeds the number of BMR Units, the ARM shall conduct a lottery to select
purchasers, which will be held upon the completion of the application process described in § VIII
above, The BMR Units will then be offered for sale according to the lottery's results. In the
event the BMR Units are offered for sale in phases, a lottery procedure shall be held for each
phase.
X. Maximum Sales Price for Initial Sales.
Calculation of the maximum initial sale price ("Maximum Sales Price") for a BMR Unit,
so as to satisfy the BMR Unit and MRD Regulations, shall be determined, maintained, and
periodically updated by the ARM. Such calculation shall utilize the median household income
-5,
Book8973IPage8O Page 79 of '114

statistics of the SMSA, as in effect on the day Adams Mill River Associates signs a purchase and
sale agreement with the buyer (who shall be referred to as the "Owner'). The AIIM may make
such adjustments to calculation factors, except those expressly dictated by the BMR Unit
Regulations or published data sources, as are necessary to achieve the goals of the BMR Unit
Program. The criteria for pricing one bedroom BMR Units shall be the SMSA median income
for families of two persons; two bedroom BMR Units shall be priced based on the SMSA median
income for families of four persons; and three bedroom BMR Units shall be priced based on the
SMSA median income for families of five persons. Using the 2005 data as an example, the
Maximum Sales Price shall be calculated as follows:
EXAMPLE OF CALCULATION OF MAXIMUM SALES SAMPLE

PRiCE FOR TWO BEDROOM UNIT FOR COMPUTATIONS
FOUR PERSON HOUSEHOLD EARNING BASED ON FY 2005
25 PERCENT OF TIlE MEDIAN DATA
1. Determine area median income for family of 4 $111,600
2. Monthly income available for housing $691
3. Fixed housing costs (taxes and condo fees) $269
4. Funds available for mortgage (principa]Jinterest) $422
5. Mortgage, 30 years, 5,83 % interest rate, 90 percent/lO

percent downpayment
6. Maximum sales price $79,687
-6-
Book8973/PageSl Page 80 of 114

PRICE FOR TWO BEDROOM UNIT FOR COMPUTATIONS
50 PERCENT OF THE MEDIAN DATA
1. Determine area median income for family of 4 $1 11,600
2. Monthly income available for housing $1,381
4. Funds available for mortgage (principal/interest) $983
5. Mortgage, 30 years, 5.83 % interest rate, 90 percent/b

percent downpayment

PRICE FOR TWO BEDROOM UNIT FOR COMPUTATIONS
60 PERCENT OF THE MEDIAN DATA
1. Determine area median income for family of 4 $111,600
2. Monthly income available for housing $1,657
4. Funds available for mortgage (principal/interest) $1,207
5, Mortgage, 30 years, 5.83 % interest rate, 90 percent/tO

percent downpayment
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BookB97S/PageB2 Page 51 of 114

PRICE FOR TIIREE BEDROOM UNIT FOR COMPUTATIONS
FIVE PERSON HOUSEMOLD EARNING BASED ON FY 2005
25 PERCENT OF THE MEDIAI'q DATA
1. Determine area median income for family of S $120,528
2, Monthly income available for housing $798
3 Fixed housing costs (taxes and condo fees) $327
4. Funds available for mortgage (principal/interest) $471
5. Mortgage, 30 years, 5.83 % interest rate, 90 percentll 0

percent downpayment
XI. Availability of Services and Amenities.
BMR Units shall include, and BMR Unit occupants shall have access to, the amenities
listed in Schedule B, upon payment of the mandatory condominium association fee, and to the
other amenities listed in Schedule B upon payment of an additional fee.
XII. Principal Residence; Leasina/Subleasing Prohibited.
BMR Units shall be occupied only as an Owners principal residence. Leasing or

subleasing of BMR Units shall be prohibited, and such prohibition shall be stated in the deed.
Leasing or subleasing without express written consent of the AHM shall be deemed an act of
fraud by the unit owner, and the AHIvI shall be permitted to pursue all civil remedies appropriate
to such violation.
XIII. Requirement To Maintain Condition.
All Owners are required to maintain theft homes, The Owner shall not destroy, damage
or impair the home, allow the home to deteriorate, or commit waste on the home. The Al-3M
shall be permitted to pursue all available civil remedies for any property damage or waste
beyond reasonable wear and tear. When a BMR Unit is offered for resale, the AHM may cause
the home to be inspected, and repaired as needed, prior to sale.
-8-

XIV. Procedures for Resale Of A BMR Unit.
An Owner shall notify the AHM in writing of his or her interest in transferring a BMR
Unit. Within fourteen (14) days of receipt of such notice, the AIIM shall calculate the maximum
resale price of the BMR Unit as defined in § XV below ("Maximum Resale Price") and furnish
the Owner, in writing, with a written determination of the Maximum Resale Price and provide
the Owner with guidance as to what would constitute the maximum household income for
eligible purchasers.
If a waiting list of eligible purchasers exists at the time of a proposed resale, the ARM
shall notify the next group of eligible purchasers on the waiting list of the availability of a BMR
Unit, who shall be eligible to purchase the BMR Unit in the same order in which they appeared
on the waiting list. If there are no such purchasers on the ARM's list, the ARM shall publish
notice of the availability of the BMR Unit in the same manner as was followed for the initial
sale, as set forth in § V above.
Until the AHM has notified the Owner that the ARM is unable to locate any eligible
purchasers, the eligible purchasers shall be located solely by the ARM. The ARM shall have
sixty (60) days from the date on which it is notified of the Owner's intent to sell to locate a
eligible purchaser. If the AIIM locates one or more eligible purchasers, the Owner shall accept
the highest offer from the next eligible purchaser on the wailing list, in order of seniority on the
list, who is able to close within a reasonable amount of time after acceptance of the offer. The
Owner shall have the discretion to reject any offer below the Maximum Resale Price. In the
event that the AHM is unable to locate an eligible purchaser offering the Maximum Resale Price
by the end of the 60 day period, the Owner may undertake his or her own efforts to locate an
eligible purchaser and, in such event, may accept any offer that does not exceed the Maximum
Resale Price. Upon locating a purchaser, the Owner shall also provide the ARM with notice
thereof and the AIIM shall determine the eligibility of that purchaser in accordance with § VIII
above.
The ARM shall inform any eligible purchaser of the affordability restrictions before any
purchase and sale agreement is executed by furnishing the eligible purchaser with a copy of this
Affordability Plan. The purchase and sale agreement shall contain a provision to the effect that
the sale is contingent upon a determination by the AHM that the purchaser meets the eligibility
criteria set forth in this Plan. The Owner's acceptance of a purchaser's offer or bid on his or her
Unit, and the closing of tide thereto shall be subject to the ARM's written certification that the
purchaser satisifies the eligibility criteria established by this Plan and that the sales price does not
exceed the Maximum Resale Price for the Unit. The ARM shall furnish the Owner with such
certifications, in writing, within fourteen (14) days from the date upon which all necessary
documentation required to determine eligibility is submitted. Resale without these certifications
is prohibited and any sale completed without such certifications shall be void.
In the event of the Owner's death, the transfer of the BMR Unit to the Owner's spouse,
domestic partner, party to a civil union, or child shall be permitted by the ARM, provided that
the individual (a) resided with the Owner in the BMR Unit for at least one (1) year immediately
-9-
Book8973/PageS4 Page 83 of 114

prior to the Owner's death; and (b) satisfies the income eligibility restrictions for the BMR Unit
established in § VI above.
At the request of the AIIM, the Unit Owner shall reimburse the AHM for reasonable
expenses incurred in administering the transaction, including conducting the inspection required
by § XV below, in an amount not to exceed 2.5 percent of the Maximum Resale Price.
XV. Maximum Resale Price.
For so long as the condominium community known as Adams Mill River exists, the
ARM shall determine the Maximum Resale Price using the two formulas set forth in subsections
A and B below. The Maximum Resale Price shall be the higher of the two prices.
A. Formula Based on Median Income.
The Maximum Resale Price shall be calculated using the formula established for the
Initial Sale in § X above. That price shall be adjusted in that any Eligible Capital Improvements,
as defined in subsection C below, shall be added and any Excessive Damage Amount, as defined
in subsection D below, shall be subtracted.
B. Formula Based on Appreciation and Improvements.
The Maximum Resale Price shall be calculated as follows:
1. Determine the purchase price paid by the Owner (not including any real
estate commissions, loan origination fees, appraisal fees, title insurance premiums, closing
prorations, and other similar transaction costs) (the "Start Price").
2. Calculate the amount of permissible Appreciation derived by multiplying

the number of years of ownership (starting with the date of the Owner's purchase of the Unit (the
"Start Date") to the date of the Owner's notification of intent to sell the Unit (the "End Date")),
pro-rated monthly, by two (2) percent.
3. Calculate the amount of Eligible Capital Improvements, as defined in

subsection C below.
4. Deduct any Excessive Damage Amount, as defined in subsection D below.
5. Result of Steps 1-4 shall be the Maximum Resale Price.
C. Eligible Capital Improvements.
To constitute an Eligible Capital Improvement, the improvement must satis& each of the
following requirements:
- 10-

1. The AIIM must pre-approve, in writing, the improvement prior to the start
of its construction.
2. The improvement must be completed within 12 months of the ARM's pre-

approval and must receive final AHM approval in writing upon completion. The AHM shall
have the right to inspect the improvement at times that are mutually agreeable to the AIIM and
the Owner, to confirm that the improvement has been completed in a workmanlike manner, and
to determine the appraised value thereof.
3. The improvement must constitute one of the following types of

improvements:
• Accommodation for a person with a "disability" as defined in the Americans

With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. or a successor United
States statute;
• Improvements to the kitchen, provided that all such improvements are part of
a comprehensive renovation project for the kitchen (which may include, but
are not limited to, major kitchen appliances that remain part of the kitchen
until the next comprehensive renovation project, or until they wear out,
whichever occurs first), the last comprehensive kitchen renovation project that
qualified as an Eligible Capital Improvement was completed at least fifteen
(15) years before the current one, and at least $2,000 is spent on the
comprehensive renovation project within a twelve month period;
• Improvements to a bathroom, provided that all expenditures are part of a
comprehensive renovation project for the bathroom, the last such
comprehensive renovation project for the bathroom that qualified as an
Eligible Capital Improvement was completed at least fifteen (15) years before
the current one, and at least $2,000 is spent on the comprehensive renovation
project within a twelve month period;
• Replacement of a unit system such as hot water heaters or thrnaces, provided
that the last such replacement which qualified as an Eligible Capital
Improvement was completed at least 20 years before the current one (unless
the AHM determines, in its sole discretion, that an earlier unit system
replacement was warranted);
• Such other improvements as the ARM, in its sole discretion, may determine to
allow as an Eligible Capital Improvement; and
• Capital Assessment Payments, provided that the Unit Owner's share of the
cost was paid through a special assessment by the condominium association
(ARM consent not required for this expense to be deemed an Eligible Capital
Improvement).
4. Notwithstanding the foregoing, the following improvements do not

constitute Eligible Capital Improvements:
-11-

• Upgrades or replacement of appliances, plumbing and mechanical fixtures,
carpets, flooring, painting, counter tops, cabinets, tile and similar items as a
result of normal wear and tear (except as they may be part of a comprehensive
renovation project otherwise qualifying as an Eligible Capital Improvement);
• Jacuzzis, saunas, steam showers and other similar items; and
• Upgrades or addition of decorative items, including lights, window coverings
and other similar items.
5. If an improvement constitutes an Eligible Capital Improvement, the cost

of such Eligible Capital Improvement shalt be included in the Maximum Resale Price formula
established in subsection B above, provided that the value shall be depreciated annually at the
rate of ten (10) percent of the cost, starting from the date on which the Eligible Capital
Improvement is given final approval by the ARM, and ending ten (10) years from the date of the
ARM approval. No depreciation beyond the cost of the improvement shall be permitted under
this section. For capital assessments levied by the Association, the value shall be depreciated in
the same manner, starting from the date the improvement is completed by the Association.
Nothing hi these Resale Restrictions shall prohibit a Unit Owner from making an
improvement to the Unit which does not qualify as an Eligible Capital Improvement, provided
that such improvement does not otherwise violate this Affordability Plan.
D. Excessive Damage Amount
Upon notification of the Owner's intent to sell until the time a contract is signed between
the Owner and a purchaser, the ARM shall have the right to inspect the BMR Unit to determine
whether the Owner has complied with the maintenance obligations set forth in this Affordability
Plan. 11, after such inspection, the ARM determines, in its sole judgment, that the Unit Owner
has not fully complied with such obligation, the ARM shall determine, in its sole judgment, the
cost to complete the necessary repairs, maintenance, replacement, and other work to restore the
Unit, and to bring it into full compliance with this Affordability Plan. This amount ("the
Excessive Damage Amount") shall be calculated into the Maximum Sales Price as set forth in
subsection 13 above.
XVI. Foreclosure.
In the event of a foreclosure, the City of Stamford shall retain an assignable right of first
refusal to purchase the BMR Unit from the foreclosing lender within ninety (90) days from the
date the BMR Unit is listed for sale. If the BMR Unit is purchased by the City under its right of
first refusal, the Maximum Resale Price restrictions established by this Affordability Plan shall
survive foreclosure. Otherwise, the Maximum Resale Price restrictions established by this
Affordability Plan shall be eliminated upon foreclosure.
A lien in the amount of $1.00 shall be placed on the land records for each BMR Unit in
favor of the AHM in order to ensure that the ARM receives notice of a foreclosure sale.
- 12 -

XVII. Enforcement.
A violation of this Affordability Plan shall not result in a forfeiture of title, but the City of
Stamford, Stamford Zoning Board, Zoning Enforcement Officer (collectively, for the purposes of
this Section, the "City") and the AHM shall otherwise retain all enforcement powers granted by
the General Statutes or any Special Act, which powers include, but are not limited to, the
authority, at any reasonable time, to inspect the property and to examine the books and records
related to the BMR Units to determine compliance with the applicable regulations and this Plan.
Adams Mill River Associates, as developer of Adams Mill River, shall retain all
enforcement powers and remedies as project developer, unit seller, owner, and maintainer of the
development and does not by this section relinquish or delegate any private rights or remedies.
Adams Mill River Associates agrees to collect and maintain all books, records, files, and
information necessary to permit the City to determine compliance with the Regulations or this
Plan. The City and the AIIM shall be permitted to inspect the property and examine all books,
records and application forms of the BMR Units, including the household income infonnation
provided by applicants and the records of Adams Mill River Associates and the Association with
respect to the BMLR Units, provided that all such applicant information shall be confidential and
shall not be deemed a public record subject to disclosure under the Freedom of Information Act.
Notwithstanding the zoning enforcement powers possessed by the Stamford Zoning

Board under the Stamford Zoning Regulations, and subject to any contract or agreement
providing otherwise, the City retains all rights to pursue all legal and/or equitable remedies
available to it and to assert any and all claims and causes of action against any person, firm,
corporation, or other legal entity arising from the administration of this Plan.
The City reserves, and each Owner and the Association are deemed to have granted the
City, the right to review and enforce compliance with all matters contained in this Affordability
Plan. In the event of any default under this Affordability Plan, the AHM shall give the Owner
who is in default, five (5) days written notice of such default. If the default is not cured to the
satisfaction of the City within five (5) days from the giving of such notice, the City may pursue
any and all remedies available to it in law or equity; provided however, that if the first mortgage
is held or insured by HUD, these resale restrictions may not be enforced by any of the following,
unless expressly approved in writing by HUD: (a) voiding a conveyance by the Owner; (b)
terminating the Owner's interest in the Unit; (c) accelerating the first mortgage; (d) increasing
the interest rate for the first mortgage; or (e) subjecting the Owner to contractual liability
XVffl. Deed Restrictions.
The Deed Restrictions contained in Schedule E shall be included in each deed of a BMR
Unit to provide notice of the affordability restrictions and to bind fixture purchasers.
- 13 -

XIX. Refinancing.
Refinancing and any other financing occurring after the purchase of the BMR Unit shall
be permitted only with the prior written consent of the AHM.
XX. Amendment.
This Affordability Plan maybe amended without the consent of the Owners of the BMR
Units so long as the amendment shall not cause material harm to the Owner of a BMR Unit.
- 14-

SCHEDULE A
DESIGNATION OF DMR UNITS
Adams Mill River is a 60 unit condominium. The following units are hereby designated as
Below-Market Rate Units (ttBMR Units):
104 (2 bedroom unit at 25 percent of area median income)
- 15-
Book8973IPage9O Page 89 of 114

SCHEDULE B
SPECIFICATIONS FOR CONSTRUCTION QUALITY
AND AMENITIES OF TIlE BMR UNITS
Constructionlpualjty
Construction quality and finishes shall be the same as those of standard Adams Mill
River units except the units shall contain laminate countertops in lieu of granite, UCT kitchen
flooring in lieu of Pergo, and no crown molding shall be installed.
Amenities (subject to payment of condominium fee)
One reserved parking space

Access to courtyard and barbecue area
Fitness area
Resident lounge
Amenities (subject to payment of separate fee, in addition to condominium fee)
Out-of-unit storage space

Nighttime or holiday rental of clubroom for private parties/special events
Telephone
Cable TV
Other telecommunications services
Adams Mill River Associates or the condominium association may establish the fee for any of
the amenities or services specified above, as well as any other optional or discretionary amenity
or service that may be offered in the future.
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6ook8973/Page9l Page 90 of 114

SCHEDULE C
DEFINITIONS AND ELEMENTS OF ANNUAL FAMILY INCOME
1. Annual income shall be calculated with reference to 24 C.F.R, § 5.609, and

includes, but is not limited to, the following:
a. The full amount, before any payroll deductions, of wages and salaries,
overtime pay, commissions, fees, tips, bonuses and other compensation for personal services;
b. The net income from operations of a business or profession, before any

capital expenditures but including any allowance for depreciation expense;
c. Interest, dividends, and other net income of any kind from real or personal
property;
d. The full amount of periodic payments received from social security,

annuities, insurance policies, retirement funds, pensions, disability or death benefits, or other
similar types of periodic payments;
e. Payments in lieu of earnings, such as unemployment and disability

compensation, worker's compensation, and severance pay;
f. Welfare assistance. If the welfare assistance payments include an amount

specifically designated for shelter and utilities that is subject to adjustment by the welfare
assistance agency in accordance with the actual cost of shelter and utilities, the amount of
welfare assistance to be included as income consists of the following:
(1) The amount of the allowance exclusive of the amounts designated

for shelter or utilities, plus
(2) The maximum amount that the welfare assistance agency could in
fact allow the family for shelter and utilities;
g. Periodic and determinable allowances, such as alimony and child support

payments, and regular contributions or gifts received from persons not residing with the
Applicant (e.g. periodic gifts from family members, churches, or other sponsored group, even if
the gifts are designated as rental or other assistance);
h. All regular pay, special pay and allowances of a member of the armed
forces;
i. Any assets not earning a verifiable income shall have an imputed interest
income using a current average annual savings interest rate.
17-

2. Excluded from the definition of family annual income are the following:
a. Income from employment of children under the age of 18;
b. Payments received for the care of foster children;
c. Lump-sum additions to family assets, such as inheritances, insurance

payments, capital gains and settlement for personal or property losses;
d. Amounts received that are specifically for, or in reimbursement of, the

cost of medical expense for any family member;
e. Amounts of educational scholarships paid directly to the student or to the

educational institution, and amounts paid by the government to a veteran in connection with
education costs;
f. Amounts received under training programs funded by MUD;
g. Food stamps; and
h. Temporary, nonrecurring or sporadic income (including gifts that are not

regular or periodic).
3. Net family assets for purposes of imputing annual income include the following:
a. Cash held in savings and checking accounts, safety deposit boxes, etc.;
b. The current market value of a trust for which any household member has
an interest;
c. The current market value, less any outstanding loan balances of any rental
property or other capital investment;
d. The current market value of all stocks, bonds, treasury bills, certificates of
deposit and money market funds;
e. The current value of any individual retirement, 401K or Keogh account;
f. The cash value of a retirement or pension fhnd which the family member
can withdraw without tenninating employment or retiring;
g. Any lump-sum receipts not otherwise included in income

inheritances, capital gains, one-time lottery winnings, and settlement on insurance claims);
- 18 -

h. The current market value of any personal property held for investment
(i.e., gems, jewelry, coin collections); and
i. Assets disposed of within two (2) years before the Application Date, but
only to the extent consideration received was less than the fair market value of the asset at the
time it was sold.
4. Net family assets do not include the following:
a. Necessary personal property (clothing, furniture, cars, etc.);
b. Vehicles equipped for handicapped individuals;
c. Life insurance policies;
d. Assets which are part of an active business, not including rental properties;
and
e. Assets that are not accessible to the Applicant and provide no income to
the Applicant.
- 19-

SCHEDULE 1)
REQUIRED DOCUMENTATION OF INCOME
The following documents shall be provided, where applicable, to the Affordable Housing
Manager to determine income eligibility:
1. Employment Income. Verification forms must request the employer to

specify the frequency of pay, the effective date of the last pay increase, and the probability and
effective date of any increase during the next twelve (12) months. Acceptable forms of
verification (of which at least one must be included in the Applicant file) include:
a. An employment verification form completed by the employer.
b. Check stubs or earnings statement showing Applicant's gross pay

per pay period and frequency of pay.
c. W-2 forms if the Applicant has had the same job for at least two
years and pay increases can be accurately projected.
d. Notarized statements, affidavits or income tax returns signed by

the Applicant describing self-employment and amount of income, or income from tips and other
gratuities,
2. Social Security, Pensions, Supplementary Security Income, Disability

income.
a. Benefit verification form completed by agency providing the

benefits.
b. Award or benefit notification letters prepared and signed by the

authorizing agency. (Since checks or bank deposit slips show only net amounts remaining after
deducting SSI or Medicare, they may be used only when award letter cannot be obtained.)
c. If a local Social Security Administration ("SSA") office refuses to

provide written verification, the Affordable Housing Manager should meet with the SSA office
supervisor, If the supervisor refuses to complete the verification forms in a timely manner, the
Affordable Housing Manager may accept a check or automatic deposit slip as interim
verification of Social Security or 551 benefits as long as any Medicare or state health insurance
withholdings are included in the annual income.
- 20 -

3. Unemployment Compensation.
a. Verification form completed by the unemployment compensation

agency.
b. Records from unemployment office stating payment dates and

amounts.
4. Government Assistance.
a. All Government Assistance Programs. Agency's written

statements as to type and amount of assistance Applicant is now receiving, and any changes in
assistance expected during the ne,ct twelve (12) months.
b. Additional Information for "As-paid Programs: Agency's written

schedule or statement that describes how the 'as-paid" system works, the maxinium amount the
Applicant may receive for shelter and utilities and, if applicable, any factors used to ratably
reduce the Applicant's grant.
5. Alimony or Child Support Payments.
a. Copy of a separation or settlement agreement or a divorce decree

stating amount and type of support and payment schedules.
b. A letter from the person paying the support.
c. Copy of latest check. The date, amount, and number of the check
must be documented.
d. Applicant's notarized statement or affidavit of amount received or

that support payments are not being received and the likelihood of support payments being
received in the future.
6. Net Income from a Business. The following documents show income for
the prior years. The Affordable Housing Manager must consult with Applicant and use this data
to estimate income for the next twelve (12) months.
a. IRS Tax Return, Form 1040, including any:
(1) Schedule C (Small Business)
(2) Schedule F (Rental Property Income)
-21-

(3) Schedule F (Farm Income)
b. An accountants calculation of depreciation expense, computed

using straight-line depreciation rules. (Required when accelerated depreciation was used on the
tax return or financial statement.)
c. Audited or unaudited financial statement(s) of the business.
d. A copy of a recent loan application listing income derived from the

business during the previous twelve (12) months.
e. Applicant's notarized statement or affidavit as to net income

realized from the business during previous years.
7. Recurring Gifts.
a. Notarized statement or affidavit signed by the person providing the

assistance. Must give the purpose, dates and value of gifts.
b. Applicant's notarized statement or affidavit that provides the

information above.
8. Scholarships, Grants, and Veterans Administration Benefits for Education.
a. Benefactor's written confirmation of amount of assistance, and

educational institution's written confirmation of expected cost of the student's tuition, fees, books
and equipment for the next twelve (12) months. To the extent the amount of assistance received
is less than or equal to actual educational costs, the assistance payments will be excluded from
the Applicant's gross income. Any excess will be included in income.
b. Copies of latest benefit checks, if benefits are paid directly to

student. Copies of canceled checks or receipts for tuition, fees, books, and equipment, if such
income and expenses are not expected to changed for the next twelve (12) months.
c. Lease and receipts or bills for rent and utility costs paid by students
living away from home.
9. Family Assets Currently Held. For non-liquid assets, collect enough

information to determine the current cash value the net amount the Applicant would receive
if the asset were converted to cash).
- 22 -

a. Verification forms, letters, or documents from a financial
institution, broker, etc.
b. Passbooks, checking account statements, certificates of deposit,

bonds, or fmancial statements completed by a financial institution or broker.
c. Quotes from a stock broker or realty agent as to net amount

Applicant would receive if Applicant liquidated securities or real estate.
d. Real estate tax statements if tax authority uses approximate market

value.
e. Copies of closing documents showing the selling price, the

distribution of the sales proceeds and the net amount to the borrower.
f. Appraisals of personal property held as a investment.
g. Applicants notarized statements or signed affidavits describing

assets or verifying the amount of cash held at the Applicants home or in safe deposit boxes.
10. Assets Disposed of for Less Than Fair Market Value ("FMV") During
Two Years Preceding Application Date.
a. Applicant's certification as to whether it has disposed of assets for

less than FMV during the two (2) years preceding the Application Date.
b. If the Applicant states that it did dispose of assets for less than
FMV, then a written statement by the Applicant must include the following:
(I) A list of all assets disposed of for less than FMV;
(2) The date Applicant disposed of the assets;
(3) The amount the Applicant received; and
(4) The market value to the asset(s) at the time of disposition.
11. Savings Account Interest Income and Dividends.
a. Account statements, passbooks, certificates of deposit, etc., if they

show enough information and are signed by the financial institution.
- 23 -
Book8973/Page9S Page 97 of 114

b. Broker's quarterly statements showing value of stocks or bonds and
the earnings credited the Applicant.
c. If an IRS Form 1099 is accepted from the financial institution for

prior year earnings, the Affordable Housing Manager must adjust the information to project
earnings expected for the next twelve (12) months.
12. Rental Income from Property Owned by Applicant. The following,

adjusted for changes expected during the next twelve (12) months, may be used:
a. IRS Form 1040 with Schedule E (Rental Income).
b. Copies of latest rent checks, leases, or utility bills.
e. Documentation of Applicants income and expenses in renting the

property (tax statements, insurance premiums, receipts for reasonable maintenance and utilities,
bank statements or amortization schedule showing monthly interest expense)
d. Lessee's written statement identifying monthly payments due the

Applicant and Applicant's affidavit as to net income realized.
13. Full-Time Student Status.
a. Written verification from the registrar's office or appropriate

school official.
b. School records indicating enrollment for sufficient number of

credits to be considered a full-time student by the school.
- 24 -
Boak8973/Page99 Page 98 of 114

SCHEDULE E
DEED RESTRICTIONS
The language below shall be inserted in each deed for a BMR Unit:
The property conveyed hereby is a "BMR Unit as defined in Article III, § 7.4 of the
Stamford Zoning Regulations. Said property is subject to the following permanent restrictions
(the 'Restrictions"):
TO BE INSERTED IN A DEED FOR A 25 PERCENT UNIT:
1. The owner of said unit shall sell or transfer said unit only to a family or household
whose income is equal to or less than 25 percent of the median income for the
Stamford Standard Metropolitan Statistical Area (the "SMSA") as determined by
the Connecticut Department of Housing and the U.S. Department of Housing and
Urban Development ("HUD"). Determination of a purchaser's eligibility shall be
made by the Affordable Housing Manager ("AHM") (as defined in that certain
Affordability Plan (the "Affordability Plan") for Adams Mill River, which is on
file in the Stamford Zoning Board's office and recorded at Volume , Page
of the Stamford Land Records. Any exceptions to this income restriction
shall be made solely by the AHM in accordance with the terms of the
Affordability Plan and 7.4 (Below Market Rate Units) and 9.1.5 (Mill River
District) of the Stamford Zoning Regulations, as may be amended.
TO BE INSERTED IN A DEED FOR A SC' PERCENT UNIT:
I. The owner of said unit shall sell or transfer said unit only to a family or household
Urban Development ("HUD"). Determination of a purchaser's eligibility shall be
made by the Affordable Housing Manager ("AHM") (as defined in that certain
Affordability Plan (the 'Affordability Plan") for Adams Mill River, which is on
file in the Stamford Zoning Board's office and recorded at Volume__, Page
shall be made solely by the ARM in accordance with the terms of the
Affordability Plan and 7.4 (Below Market Rate Units) and 9.1.5 (Mill River
TO BE INSERTED IN A DEED FOR A 60 PERCENT UNIT:
1. The owner of said unit shall sell or transfer said unit only to a family or household
- 25 -
8ook8973/PagelOO Page 99 of 114

Urban Development ("RUD'). Determination of a purchaser's eligibility shall be
made by the Affordable Housing Manager ("ARM") (as defined in that certain
Affordability Plan (the 'Affordability Plan") for Adams Mill River, which is on
file in the Stamford Zoning Board's office and recorded at Volume__, Page
shall be made solely by the AIIM in accordance with the terms of the
Affordability Plan and 7.4 (Below Market Rate Units) and 9.L5 (Mill River
TO BE INSERTED IN ALL BMR UNIT DEEDS:
2. An Owner shall notify the ARM in writing of his or her interest in transferring a
Unit. Within fourteen (14) days of receipt of such notice, the ARM shall
calculate the Maximum Resale Price of the Unit and furnish the Owner, in
writing, with a written detennination of the Maximum Resale Price. If a waiting
list of eligible purchasers exists at the time of a proposed resale, the ARM shall
notify the next group of eligible purchasers on the waiting list of the availability
of a BMR Unit, who shall be eligible to purchase the BMR Unit in the same order
in which they appeared on the waiting list. If there are no such purchasers on the
ARM's list, the AIIM shall publish notice of the availability of the Unit in the
same manner as was followed for the initial sale, as set forth in § V of the
Affordability Plan. Until the ARM has notified the Owner that the ARM is
unable to locate any eligible purchasers, the eligible purchasers shall be located
solely by the ARM. The ARM shall have sixty (60) days from the date on which
it is notified of the Owner's intent to sell to locate an eligible purchaser.
If the ARM locates one or more eligible purchasers, the Owner shall accept the
highest offer from the next eligible purchaser on the waiting list, in order of
seniority on the list, who is able to close within a reasonable amount of time after
acceptance of the offer. The Owner shall have the discretion to reject any offer
below the Maximum Resale Price. In the event that the Ai-IM is unable to locate
an eligible purchaser offering the Maximum Resale Price by the end of the 60 day
period, the Owner may undertake his or her own efforts to locate an eligible
purchaser and, in such event, may accept any offer that does not exceed the
Maximum Resale Price. Upon locating a purchaser, the Owner shall also provide
the ARM with notice thereof and the AHM shall determine the eligibility of that
purchaser in accordance with § VIII of the Affordability Plan. The ARM shall
inform any eligible purchaser of the affordability restrictions before any purchase
and sale agreement is executed by furnishing the eligible purchaser with a copy of
the Affordability Plan. The purchase and sale agreement shall contain a provision
to the effect that the sale is contingent upon a determination by the AHM that the
purchaser meets the eligibility criteria set forth in the Affordability Plan.
26
Book8973/PagelOl Page 100 of 114

The Owner's acceptance of a purchaser's offer or bid on his or her Unit, and the
closing of title thereto shall be subject to the AIIM's written certification that the
proposed purchaser satisifies the eligibility criteria established by this Plan and
that the sales price does not exceed the Maximum Resale Price for the Unit. The
AHIvI shall furnish the Owner with such certifications, in writing, within fourteen
(14) days from the date upon which all necessary documentation required to
determine eligibility is submitted. Resale without these certifications is
prohibited and any sale completed without such certifications shall be void.
3. The owner shall occupy the Unit as his or her principal residence and shall not
lease or sublease the Unit. Leasing or subleasing (unless authorized in writing by
the AIIM) shall be deemed an act of fraud by the unit owner, and may subject the
owner to civil liability in an action brought by the AHM.
4. The owner shall maintain the Unit. The owner shall not destroy, damage or
impair the property, allow the property to deteriorate, or commit waste on the
property. Property damage or waste beyond reasonable wear and tear may subject
the owner to civil liability in an action brought by the AIIM. When the Unit is
offered for re-sale, the AHM may cause the Unit to be inspected, and repaired as
needed at the owner's cost.
5. A violation of the Restrictions shall not result in a forfeiture of title, but the
Stamford Zoning Board, its designated agent, the ZEO, and the AIIM shall
otherwise retain all enforcement powers granted by the Connecticut General
Statutes, including § 8-12, the Affordability Plan, and this deed, which powers
include, but are not limited to, the authority, at any reasonable time, to inspect
said property and to examine the books and records of the AHM to determine
compliance with all applicable regulations.
6. In the event of a foreclosure, the City of Stamford shall retain an assignable right
of first refusal to purchase the Unit from the foreclosing lender within ninety (90)
days from the date the Unit is listed for sale. If the Unit is purchased by the City
under its right of first refusal, the restrictions on the sales price of a BMR Unit
established by this Affordability Plan shall survive foreclosure. Otherwise, the
restrictions on the sales price of a BMR Unit established by this Affordability
Plan shall be lifted upon foreclosure.
A lien in the amount of $1.00 shall be placed on the land records in favor of the
AHM in order to ensure that the Al-IM receives notice of a foreclosure sale.
7. Refinancing and any other financing occurring after the purchase of the BMR
Unit shall be permitted only with the prior written consent of the AHM.
8- This deed restriction is subject to periodic amendments to the Affordability Plan.
- 27 -
Book8973/PagelO2 Page 101 of 114

SCHEDULE F
STAMFORD ZONING REGULATIONS,
MILL RIVER DISTRICT
SECTION 9- DESIGNED DISTRICTS
I. MILL RIVER DISTRICT (MR]))
The Mill River District (MRD) is a flexible, planned residential design district, subject to special
standards and review procedures, intended to provide for and encourage the most appropriate use
and development of property, the preservation and enhancement of significant public open
spaces and the expansion of public amenities and public access within the Mill River Greenbelt
Corridor as defined in the Master Plan. The Mill River District is intended to implement the land
use goals, development concepts and design recommendations as described in reports prepared
by Sasalci Associates Inc. entitled "Stamford Mill River Corridor", dated January 1998 and
"Stamford Mill River Corridor Design Guidelines", dated June 1999. The Mill River District is
intended to promote the following objectives:
a. Consistency with the Master Plan and the objectives of comprehensive municipal plans
for redevelopment, renewal, or neighborhood preservation and rehabilitation.
b. Provision of housing and such other uses that will be supportive of and contribute to the
vitality of the Central Business District and the West Side neighborhood.
c. Protection and expansion of public access to the waterfront, and public open space
amenities including attractive walkways of general utility.
d. Conservation of significant natural resources and consistency with the policies of the
Connecticut Coastal Area Management Act.
e. Establishment of a public pedestrian district connecting the Mill River and harbor with
the downtown and adjacent neighborhoods.
1. Promotion of architecture and site development of design merit that makes best use of
natural features, harmonizes with the pattern and scale of the Mill River Greenbelt
Corridor, remains compatible with the surrounding architecture and pattern of
development, and is generally consistent with the Mill River Greenbelt Corridor Design
Guidelines.
g. Provision of dwelling units at below market rates.
1. Criteria for Designation o Mill River jistret. In order to for consideration as a

MRD Mill River District, the proposed site shall be within the Mill River Corridor boundary as
referenced on the Zoning Map and generally described below, with a minimum of fifty (50) feet
- 28 -
8ook8973/PagelO3 Page 102 of 114

of frontage on a public street, and shall be comprised of land zoned R-5, RMF, R-H, C-N, C-L or
C-cl (202-15)
General Boundary Description: The Mill River Corridor area is generally bounded to the south
by 1-95, to the east by Washington Boulevard, to the west by Greenwich Avenue, West Main
Street, Mill River Street, Schuyler Avenue and Adams Avenue, and to the north by West Broad
Street. The northerly boundary extends to the northerly limit of the UCONN parking garage and
the limit of Master Plan Category 5 immediately north of West Broad Street. The westerly
boundary extends to those properties included within Master Plan Amendment #368 and #370.
2. Permitted Uses. In the Mill River Design District, the following uses may be approved when
the Board determines such uses to be appropriate:
a. All uses permitted as-of-right or by Special Exception in the R-MF district.
b. Hotel, Residential
c. Neighborhood Commercial-neighborhood commercial and/or Professional Office uses

may be approved on the ground floor only. For the purposes of this Section,
neighborhood commercial shall include all uses permitted in the C-N zone.
3. Development Standards. The following standards shall apply to the development of property
within the Mill River Design District:
a. Residential Density. The maximum residential density in the MRD District shall be
determined by the Zoning Board based on the size, dimensions, topography and physical
features of the land and the required dedication of waterfront public access and the
desirable orientation and height of proposed buildings. Residential density shall not
exceed seventy-five (75) dwelling units per acre (580 square feet of lot area per dwelling
unit) prior to disposition of open space, provided that on parcels intended for
redevelopment by, for, or in cooperation with the Stamford Housing Authority, non-profit
housing developers and/or the City of Stamford (the 'City') as residences for low or
moderate income elderly and/or disabled persons, residential density shall not exceed one
hundred and twenty-five (125) units per acre (350 square feet of lot area per dwelling
unit).
b. Below Market Rate Dwelling Units. AU projects shall satisfy the Below Market Rate
(BMR) standards as set forth in Subsection 5.
c, Non-Residential Uses. Non-residential uses shall not exceed a Floor/Area Ratio of 0.30
and shall not unnecessarily intrude upon or adversely impact adjacent residential uses.
d. Usable Open Space, A minimum of one hundred (100) square feet of usable open space
per dwelling unit shall be provided on the lot, suitably located and designed to meet the
needs of the residents of the premises, provided that there shall be no minimum
- 29 -

requirement for dwelling units intended for low or moderate income elderly and/or
disabled persons developed by, for, or in cooperation with the Stamford Housing
Authority, non-profit housing developers and/or the City of Stamford. On sites that
directly abut public open space in the Mill River Greenbelt Corridor, this requirement
may be modified by the Zoning Board.
e. Building Coverage. The total area occupied by principal structures shall not exceed sixty
percent (60%) of the site. Portions of parking structures and other accessory structures,
whether attached or free-standing, may cover an additional twenty-five percent (25%) of
the site provided such structures do not exceed twenty-five (25) feet above average grade
(excluding parapet walls) and are suitably screened from pedestrian views. Above-grade
parking floors and parking structures shall be screened from pedestrian view by a suitable
combination of active uses, landscaping and architectural screens or solid panels, and
shall be setback from adjacent waterfront public access areas a distance not less than the
height of the parking structures.
f. Building Setbacks. Building setbacks shall satisfy the following standards: front yard
setback: 5 feet; side yard setback 10 feet; rear yard setback: 20 feet. 1-lowever, the Zoning
Board may approve, on a site-specific basis, the appropriate relationship of yard
requirements and separation of structures on the site to each other with the objective of
assuring adequate light, open space, screening, landscape, safety and privacy for existing
and proposed dwelling units, and overall urban design considerations. The requirements
of Article ifi, Section 7-K of these Regulations shall not apply.
g. Parking Requirements. The parking standards of Section 1 2-D of the Regulations shall
apply, except as otherwise provided for herein. There shall be a minimum residential off-
street parking requirement of one and one-quarter (1.25) spaces for each residential unit,
or one space for every three (3) dwelling units reserved for occupancy primarily for
elderly, special needs, handicapped or disabled persons with income less than 50% of the
Area Median Income. Parking for non-residential uses shall be subject to determination
by the Zoning Board and may be shared where the hours of the use of stalls would not be
in conflict. The potential for shared use of parking stalls shall constitute an additional
standard for consideration of parking reduction. Required parking may be provided off-
site provided a determination is made by the Zoning Board that the location and
availability of said parking is satisfactory. (202-15)
h, Building Height. Building height in the MRD District shall be determined by the Zoning
Board based on the location, size, dimensions, and topography of the land, the proximity
to waterfront public access, and the existing and planned architectural scale of other
buildings within the immediate vicinity. Building height shall not exceed eight (8) stories
or ninety (90) feet, and shall be limited to three (3) stories or forty (40) feet for that
portion of any building immediately adjacent to dedicated public open space along the
Mill River. Building height shall be consistent with the Stamford Mill River Corridor
study and the Stamford Mill River Corridor Design Guidelines which recommend
generally that building height not exceed six stories fronting on the east side of Clinton
- 30 -

Avenue, four stories fronting on the west side of Clinton Avenue, and five stories to the
west of the Mill River. Special building height standards for C-G zoned sites are provided
in subsection 7.
4. nand Architectural Criteria: Development within the MRD District shall conform to
the site plan review standards of Section 7.2 and the coastal site plan review standards and
policies of Section 7-T of these Regulations, Stamford Mill River Greenbelt Corridor Design
Guidelines, and the following additional standards:
a. Mitigation of Appropriate measures shall be taken to mitigate

environmental impacts to coastal resources through sensitive design and implementation
of best available technologies and methods for controlling pollutant discharges from the
site.
Ii Public Access to the Waterfront. Public access shall be insured through the dedication of
real property or a permanent easement area encompassing the area of land extending
from the mean high water mark to a point seventy feet (70) inland. The limits of the
public access area shall be subject to final determination by the Zoning Board to insure
that the land is suitable and usable for its intended purpose. Within the dedicated public
access area, improvements shall be designed and constructed to provide for passive
recreation and enjoyment by the general public, with due consideration of public safety
and the efficient movement of anticipated pedestrian traffic. Public access improvements
shall be designed in conformance with standards and specifications as adopted by the
Zoning Board establishing the required dimensions and materials of public walkways and
approved lighting fixtures, benches, trash receptacles, landscape materials, and related
fixtures and improvements. Improvements within the public access area shall be designed
to link smoothly with existing and/or planned public access facilities on adjoining
property or terminate safely at the point where continuation of such facilities cannot be
reasonably anticipated. Private use areas and vehicular traffic and parking adjacent to the
waterfront public access area shall be sensitively designed to minimize disruption or
adverse impact.
c. Preservation and Enhancement of Visual Resources. The design, placement, arrangement,

setback, height and bulk of buildings and structures and related site improvements shall
serve to protect and enhance the quality of principal public views of the Mill River and
associated public open spaces and establish attractive streetscapes within all public and
private rights-of-way.
d. Signage. Signage for non-residential uses shall be determined by the Zoning Board, as
deemed appropriate to the project design, location and uses, and shall not exceed the
standards of the C-N District set forth in Section 1 3-D of these Regulations. Signage for
residential uses shall be determined by the Zoning Board, as deemed appropriate to the
project design, location, and uses.

e. The intensity, location, height, design and arrangement of outside lighting shall
be appropriate to the use and the needs for safety and security while avoiding direct glare
on any other lot and avoiding hazards to traffic on any street. Streetseape lighting and
lighting within public access areas shall be consistent with adopted City standards.
f. All areas of the tract not devoted to buildings, structures or other designed
uses shall be suitably landscaped to the satisfaction of the Board. Landscaping shall be
designed, provided and permanently maintained, consistent with the Stamford Mill River
Corridor Design Guidelines and the protection of adjacent uses and neighborhoods.
g. Other Governmental Approvals. When site improvements or uses require separate

approval by other municipal, state or federal units of government, evidence shall be
submitted to the satisfaction of the Board demonstrating the capacity to attain such
approvals in a timely manner. When issuance of any significant approvals is in question,
the Board, in its sole discretion, may determine the application to be incomplete and may
require evidence of such approval to accompany the application. Any approval outside
the jurisdiction of the Zoning Board that becomes a condition of approval shall be subject
to the performance condition set forth in Subsection 7 below.
5. Below Market Rate Dwelling Unit Reguirement:
a. All residential development within the MRD District shall be required to include Below
Market Rate (BMR) dwelling units in an amount not less than twelve percent (12%) of
the total number of residential units approved pursuant to the MRD zone change.
b. BMR units shall be affordable to a range of household incomes, as set forth herein, and
shall be provided in accordance with the standards, definitions and procedures contained
within Article III, Section 7.4 of these Regulations. Not less than five-twelfths (42%) of
the BMR units shall be affordable to households earning not more than twenty-five
percent (25%) of the Stamford Area Median income. Not less than one-third (33%) of the
BMR units shall be affordable to households earning not more than fifty percent (50%) of
the Stamford Area Median income. The balance of the BMR units shall be affordable to
households earning not more than sixty percent (6 0%) of the Stamford Area Median
income.
Example: [Proposed dwelling units] 100 x .12 12 required BMR units

5 BMR units at 25% of median income,
4 BMR units at 50% of median income, and
3 BMR units at 60% of median income.
c. When a portion of the BMR requirement is satisfied through the payment of a cash
contribution, not less than five-twelfths (42%) of the BMR units to be constructed on site
shall be affordable to households earning not more than twenty-five percent (25%) of the
Stamford SMSA median income. (203-15).
- 32 -

6. Non-Contiguous Land Parcels. Within the MRD District, the Zoning Board may, in its sole
discretion, authorize two or more non-contiguous parcels of residentially zoned land that are
owned in common to be considered merged for purposes of determining permitted residential
density. In the aggregate, the parcels of land shall be not less than 30,000 square feet in area. A
joint application for MRD District designation and joint application for approval of site and
architectural plans and requested uses shall be filed for all affected parcels and reviewed
concurrently, subject to approval by the Zoning Board pursuant to the standards and procedures
of the MRD District. Jn approving such applications, the Zoning Board shall make a finding that
the proposal is consistent with the Master Plan for the Mill River Greenbelt Corridor, provided
that residential density shall not be increased by more than 50% on any individual parcel. Any
approval providing for the joint development of separate sites shall be implemented with a
suitable easement or covenant, enforceable by the City of Stamford, and duly noted on the
Zoning Map.
7. Mixed-Use
In order to encourage land zoned C-G General Commercial to be developed for residential
purposes, the following special standards shall apply to parcels that are zoned C-C) for at least
50% of their site area and where commercial use does not exceed a floor area ratio of 0.30 and is
limited to ground floor retail and service uses accessible to the general public:
a) The total floor area ratio for all uses shall not exceed three (3.0), excluding ground floor
retail and service uses and excluding portions of parking structures that do not exceed
twenty-five (25) feet above grade (excluding parapet walls) and are suitably screened
from pedestrian views,
b) Building height shall not exceed 125 feet.
c) All projects shall satisfy the Below Market Rate (BMR) standards set forth in Subsection
5 above, except that the required number of BMR units shall be calculated as six percent
(6%) of the total number of dwelling units.
Example: Site Area=64,86l sq. ft. (C-C)) + 18,566 sq. ft. (R-F1)
Total MRD Dwelling Units 244
Required BMR Units = 6% x 244 15 BMR units
8. Application Review Procedures. An application for MRD District designation shall only be
considered simultaneously and in common with an application for General Development Plans,
and subsequent approval of Final Site Plans, in conformance with the review and application
procedures of Section 9AAAA-7 and 8, except that references to DWD shall be construed as
references to MRD. Where a Mill River Corridor Project Plan has been adopted, an application
for MRD District designation and approval of General Development Plans shall be referred to
the reviewing authority for consistency with the adopted Mill River Corridor Project Plan in the
- 33 -
6ook8973/PagelOB Page 107 of 114

same manner and procedure as a referral to the Stamford Planning Board. A MRD designation
proposal disapproved by the reviewing authority may be approved by the Zoning Board only by
an affinnative vote of not less than four (4) members. Significant modifications of an approved
MIRD General Development Plan shall only be considered by petitioning the Zoning Board to
rezone the property to the original underlying zone, coupled with a separate request to rezone the
property to MRD and approve the amended General Development Plan. Failure of an applicant
to submit Final Plans within one year from the approval of a General Development Plan, or
expiration of Final Plan approval shall be cause for the Zoning Board to rezone the property to
the zoning classification that existed immediately prior to MPD designation. (00-010).
- 34 -

SCHEDULE G
STAMFORD ZONING REGULATIONS
BELOW-MARKET RATE UNITS,
ARTICLE III, § 7.4
SECTION 7.4— BELOW MARKET RATE DWELLING UNITS
A. FINDINGS
It is the public purpose and policy of the City of Stamford, the Southwestern Regional Planning
Agency and the State of Connecticut to achieve a diverse and balanced community with housing
available for households of all income levels. Economic diversity fosters social and
environmental conditions that protect and enhance the social fabric of the City and are beneficial
to the health, safety and welfare of its residents and to the environmental quality and economy of
the region.
The Stamford Master Plan 2002 has documented a growing affordability gap between the supply
of housing and the demand for housing. This affordability gap is driven by several broad trends
including the fact that home sale prices have grown as fast or faster than household earnings, that
rents in newer apartment developments are well out of reach of most low and moderate income
households, and that the limited inventory of affordable market-rate apartments and condos
coupled with the inventory of assisted housing units is inadequate to meet the demand for
affordable housing.
A significant cause of this affordability gap and crisis in the availability of a diversity of housing
opportunities is the rapid increase in employment in the City. Employment in Stamford increased
by 8,000 jobs between 1980 and 1990 and is projected to add 9,000 more jobs by the year 2000
and an additional 7,700 jobs by the year 2010.
The Master Plan establishes the goal of providing decent, affordable housing for all of the
residents of Stamford, whatever their economic conditions. To address the continuing loss of
affordable housing, coupled with the increasing affordability gap and growing housing demand,
the City of Stamford has established the goal of producing a minimum of 8,000 affordable
housing units, in addition to what is currently available.
The Master Plan recommends, as a key element of a coordinated housing strategy, that the City's
Zoning Regulations incorporate a mandatory inclusionary housing requirement, with appropriate
incentives, consistent with established planning principles and contextual development.
The inclusionary housing program defined herein is necessary to provide continuing housing
opportunities for low and moderate income households and working people. ft is necessary to
help maintain a diverse housing stock and to allow working people to have better access to jobs
and upgrade their economic status. The regional trend toward increasing housing prices will,
without intervention, result in inadequate supplies of affordable housing and will negatively
- 35 -
Book8973/PagellO Page 109 of 114

impact the ability of local employers to attract and maintain an adequate work force. Because
remaining opportunity for new residential development within the city is limited, it is essential
that a reasonable proportion of new development be devoted to housing that is affordable to low
and moderate income residents and working people.
Therefore, to implement the policies of the Master Plan, it is essential that new residential
development contain housing opportunities for households of low and moderate income, and that
the City provide a regulatory and incentive framework that ensures development of an adequate
supply and mix of new housing to meet the thture housing needs of all income segments of the
community.
B. AUTHORITY
These regulations are enacted under the authority of the Charter of the City of Stamford and
Section 8-2(i) of the Connecticut General Statutes.
C. STANDARI)S
The puipose of this section is to establish uniform defmitions, standards and procedures to apply
in all cases where Below Market Rate (BMR) Dwelling Units are required under the terms of
these Regulations. Standards for the level of affordability and the number of required BMR units
and other special standards are established separately by zoning district and are stated elsewhere
in these Regulations.
1.) The term "Below Market Rate Dwelling Unit" (BMR) shall be defined to be a dwelling unit
restricted as to sale or rent based on the most current statistics of median family income for the
Stamford Standard Metropolitan Statistical Area (SMSA) as published and periodically revised
by the U.S. Dept. of Housing and Urban Development. The criteria for pricing one-bedroom
BMR units shall be the SMSA median income for families of two persons; two-bedroom BMR
units shall be priced based on the SMSA median income for families of four persons; and three-
bedroom BMR units shall be priced based on the SMSA median income for families of five
persons. BMR units offered for sale shall be limited to a selling price that is affordable to a
purchaser with an income not exceeding the criteria family income, according to unit type as set
forth above, based on industry-standard mortgage underwriting guidelines, and based on
prevailing interest rates and a ten percent (10%) down payment. BMR units offered for rent shall
be restricted to a maximum annual rent, inclusive of all basic utilities except telephone, not to
exceed 30% of the criteria family income, according to unit type as set forth above.
Rental restrictions shall remain in fill force and effect for so long as the building or development
exists, and shall be administered in accordance with written guidelines as adopted and
periodically revised by the Zoning Board. BMR units offered for sale shall remain subject to
resale controls for so long as the building or development exists, and shall not exceed a resale
price equal to the current BMR sale price for a comparable unit, as set forth above. The
allowable resale price may be reduced if the physical conditions reflect abnormal wear and tear
due to neglect, abuse or insufficient maintenance. BMR sale and resale requirements shall be
- 36 -
Book8973/Pagelll Page 110 of 114

administered in accordance with written guidelines as adopted and periodically revised by the
Zoning Board, with suitable restrictive covenants in deeds, running with the land and senior to
all financing instruments, to carry out and effectuate these obligations.
ELIGIBLE FAMILY INCOME LIMITS — YEAR 2002

FAMILY SIZE
AFFORDABILITY one two three four five six
25% ofMedian $20,213 $23,100 $25,988 $28,875 $31,185 $33,495
50% of Median $40,425 $46,200 $51,975 $57,750 $62,370 $66,990
60% of Median $48,510 $55,440 $62,370 $69,300 $74,844 $80,388
2.) Below Market Rate Dwelling Units shall be designed, constructed, sold or rented, managed
and controlled as to resale in accordance with such other necessary written administrative
policies, definitions and guidelines as officially adopted by the Zoning Board and/or the City of
Stamford, as amended from time to time. When located within the development, such BMR units
shall be constructed with floor area, finishes and amenities comparable to the market rate units
within the development, and shall be reasonably distributed throughout the project and provided
in a mix of unit types, as determined by the Zoning Board, provided that the average floor area of
BMR units shall be comparable to the average floor area of two-bedroom market rate units
within the development. When more than the minimum number of required BMR units are
proposed, the total floor area of BMR units divided by the minimum number of required BMR
units shall remain comparable to the average floor area of the two-bedroom market rate units.
3.) Management Plan. A proposal to establish BMR units shall be accompanied by a

management plan ("Affordability Plan"), subject to approval of the Zoning Board, providing all
of the necessary information and documentation to ensure the construction and continued
operation of affordable housing, including the following:
i) the person or organization responsible for administering the plan, including the
application procedures and screening criteria to determine the income eligibility of
applicants, and reporting and enforcement mechanisms;
ii) affirmative fair marketing procedures governing the sale or rental of the BMR units;
iii) proposed sale or rental prices of BMR units and the basis for their determination;
iv) identification and timetable for the completion and even distribution of the BMR units
among the market-rate units in the development; and
v) other information as may be required by the Zoning Board.
The Affordability Plan shall encourage the participation of families with Sectiqn 8 vouchers and
use of other local, State and/or federal programs and initiatives to fbrther write down the
affordability of BMR units to families earning less than fifty percent (50%) of the Stamford
SMSA median income or to increase the number of BMR units within the project.
- 37 -
Book8973/Pagell2 Page 111 of 114

4.) Ajterngtive Metho s of Pursuant to an application for Special Exception, the
Zoning Board in its sole discretion may approve alternative methods of satisfying a BMR
requirement, including but not limited to the dedication of vacant land, the construction of BMR
units on another site, the acquisition and enforcement of rental/sales price restrictions on existing
dwelling units, or the payment of an appropriate in-lieu housing fee. Any such proposal shall
demonstrate to the satisfaction of the Zoning Board that the alternative method(s) is desirable
and will further affordable housing opportunities in the City Loa greater extent than the provision
of on-site BMR units, either through the production of a greater number of affordable housing
units and/or larger bedroom size units and/or units for families below the required targeted
income brackets.
(a) Land Dedication: a BMR requirement may be satisfied by the dedication of land within
the City in-lieu of providing affordable housing on-site. The value of land to be
dedicated shall be determined by an independent appraiser, at the cost of the developer,
who shall be selected from a list of certified appraisers provided by the City, or by such
alternative means of valuation mutually acceptable to the developer and the City. The
land to be dedicated shall have a value equal or greater than the fee-in-lieu contribution
that would otherwise be required to satisfy the BMR requirement. In addition, the land
must be of suitable character and location, and zoned to allow construction of a number
of dwelling units equal or greater than the number of BMR units being satisfied.
(b) Dedication of Existing Units: a BMR requirement may be satisfied by restricting the
rental or sale price of existing dwelling units within the City, through covenants,
contractual arrangements, or resale restrictions, the form and content of which are
acceptable to the Zoning Board. The restriction of such existing units must result in the
creation of units that are equivalent in value, quality, and size as compared to the on-
site BMR units that would otherwise be constructed.
(c) Off-Site Construction of BMR Units: a BMR requirement may be satisfied through the
off-site construction or substantial rehabilitation of B1YIR dwelling units within the City
of Stamford, subject to the following standards: (i) the location, architectural design
and siting of such units shall be subject to approval by the Zoning Board; (ii) such units
shall not serve to displace existing affordable housing units; (iii) off-site BMR units
shall be generally consistent with all applicable standards of this section; (iv) the Board
shall condition the issuance of certificates of occupancy for the development project
with the completion of the off-site affordable units and/or establish other reasonable
performance conditions necessary to insure that the off-site BMR units will be built in a
timely manner.
(4) Fee-in Lieu Payment: a BMR requirement may be satisfied, in whole or in part, through
the payment of a fee-in-lieu" cash contribution to a City of Stamford ftind, or other
approved non-profit or for-profit organization dedicated to affordable housing
initiatives. Off-site BMR units created with such funds shall be maintained as
affordable in the same manner as on-site BMR units. The cash contribution to be
- 38 -

provided shall be calculated based on the applicable SMSA median income, as
periodically revised, and based on bedroom size as defined in Subsection 7.4 (c) above,
and the following criteria for each of three required affordable income ranges: BMR
units affordable at the 25% of SMSA family income level shall require a cash
contribution not less than 150% of the SMSA median income; BMR units affordable at
the 50% of SMSA median family income level shall require a cash contribution not less
than 75% of the SMSA median income; and BMR units affordable at the 60% of
SMSA median family income level shall require a cash contribution not less than 60%
of the SMSA median income. Where the contribution is targeted to assist an identified
offsite project providing affordable housing, the Board shall condition the issuance of
certificates of occupancy for the development project with the completion of the off-
site affordable units and/or establish other reasonable perfonnance conditions necessary
to insure that the off-site BMR units will be built in a timely manner.
OF CASH PAYMENT- YEAR 2002
Cash contribution for a One-Bedroom BMR unit is based upon the Year 2002 Stamford SMSA
Median Family Income for a Family of Two $92,400. Minimum cash contribution for each
affordable income range is as follows:
25% of Median Units: $92,400 x 150% $138,600

50% of Median Units: $92,400 x 75% $69,300
60% of Median Units: $92,400 x 60% $55,400
Cash contribution for a Two-Bedroom BMR unit is based upon the Year 2002 Stamford
SMSA
Median Family Income for a Family of Four $115,500, Minimum cash contribution for
each
25% of Median Units: $115,500 x 150% $173,250

50% of Median Units: $115,500 x 75% $86,625
60% of Median Units: $115,500 x 60% —$69,300
Cash contribution for a Three-Bedroom BMR unit is based upon the Year 2002 Stamford
SMSA
Median Family Income for a Family of Five $124,740. Minimum cash contribution
for each
25%ofMedian Units: $l24,740x $187,110

50% of Median Units: $124,740 x 75% = $93,555
60% of Median Units: $124,740 x 60% $74,844
(e) Other Equivalent Actions: a BMR requirement may be satisfied through other in-lieu
contributions and efforts that, in the discretion of the Zoning Board, are judged to have
a value that is equal or greater than the "fee-in-lieu" cash contribution otherwise
required and will thrther the affordable housing goals and purposes of this section.
(203-08)
- 39 -

State of Connecticut )
ss. City of Stamford
County of Fairfield )
I, Donna M. Loglisci, City and Town Clerk of the City of Stamford

keeper of the Seal thereof, and by law duly authorized to affix the same in authentication of the
Records in the said City in my care end custody,
Do Hereby Certify, That the above and foregoing is a true and correct
transcript and copy of the original record as appears in Book 8973 Page 002
of the Stamford Land Records.
In Witness Whereof I have hereunto subscribed my

- official signature, and affixed the Seal of said City
of Stamford, at said Stamford this day of
this 2 day of May A.D 2007.
- 40 -

iii ii iii unto nm ii tint iii m m
0z
AMENDMENT to PUBLIC OFFERING STATEMENT AND DECLARATION '
OF ADAMS MThL RIVER ROUSE CONDOMINIUMS
ADAMS MILL RIVER ASSOCIATES, LLC, STAMFORD, CONNECTICUT S

("Declarant"), a Connecticut Limited Liability Company
with its office at 35 West Broad Street, Suite 1, Stamford, CT 06902
C
Under a certain Public Offering Statement and Declaration of Condominium for a
community known as Adams Mill River House Condominiums which Public Offering Statement
and Declaration are dated February 14, 2006 with said Declaration and to be recorded on the
Stamford Land Records ("Declaration") the Declarant does hereby amend the Public Offering
Statement and Declaration consistent with the Plans, Schedule A-4 of the Declaration and does Ci
hereby declare:
cpcn
I. Page 13 of the Public Offering Statement, Section 2(b), Second Paragraph is
hereby modified to reference 92 spaces with two handicap spaces for a total of 94 spaces in total.
0g
C
2. Page 13 of the Public Offering Statement, Section 2(b), Third Paragraph is hereby
amended deleting reference to the resident lounge.
3, Page Ii of the Declaration, Article X, Section 10.01(a) is amended deleting the "'
reference to a conunercial unit.
(Jy
4. Exhibit C, the Rules, Page 2, is amended to delete references to the "Commercial

Unit" in the last sentence.
5. Exhibit C, the Rules, Page 8, is amended to amend the size of dogs to be "...of a
size no greater than twenty five (25) inches as measured to the shoulder.." in lieu of twenty (20)
inches.
6. Exhibit C, the Rules, Page 11, Article VI, Trash Section 6.1 is hereby amended
deleting the reference to trash chutes. The Declarant shall provide trash enclosures and
trashlrecycling containers,
7. Exhibit C, the Rules, Page 12, Article VII, Trash Section 6.3 is amended as set
forth above.
8. Exhibit C, the Rules, Page 15, Article IX is amended deleting Sections 9.1 and 9.2
regarding community room.
9. Affordability Plan Section B is amended removing reference to a residence

lounge and "night time or holiday rental club room for private parties/special events" from
reference of amenities.
Book8973/PagellB Page 1 of 2
IN WITNESS WHEREOF, the Declarant has caused this Amendment to be executed this
301h
day of April, 2007.
Signed, sealed and delivered in the presence of:

ADAMS MILL RIVER
ASSOCIAT LLC /
Michae
By:
Paxton Kinol, Its Member
C
Nmela
) ss. City of Stamford
keeper of the Seal thereof and by law duly authorized
to affix the same in authentication of the
Records in the said City in my care and custody,
transcrjpt and copy of the original record as appears in Book 8973 Page 116

official signature, and affixed the Seal of said City
this 2 day of May A.D 2007.
City and Town er/c

INSTR S 2007009152
VOL 08973 PG
RECORDED 05/01/2007
Ohs
02:32:03 HI
/
DONNA II LOULISCI
ARCHITECT'S CERTIFICATE OF OOM1tM*ONRK STAMFORI)
—
This Certificate is giving with respect to the Delcaration of ADAMS MILL RIVER
ASSOCIATES, LLC recorded contemporaneously herewith in the Land Records of the City of
Stamford.
I hereby certify, to the best of my knowledge and belief:
1. That all structural components of the buildings containing the Units of Adams Mill
River House Condominiums are substantially completed in accordance with the Survey
attached to the Declaration as Schedule A-3 entitled "Property Survey Depicting
Declaration of Adams Mill River Condominiums, Stamford, CT, Prepared For Adams
Mill River Associates, LLC, prepared by Redniss & Mead, Engineers, Planners;
Surveyors, Environmental Consultants, dated 02/13/06 and signed by Raymond Redniss
on February 14, 2006" and approved by the Stamford Planning Board for filing
purposes on December 27, 2005 and the Plans attached as Schedule A-4 entitled "A2- 1
Garage Level Plan, A2.2 First floor Plan, A2.3 Second Floor Plan, A2,4 Third Floor
Plan, A2.5 Fourth Floor Plan and A2.6 Loft floor Plan, prepared by Timothy Gooding,
ALA and Beinfield Architecture PC, 1 Marshall Street, Suite 202, South Norwalk, CT
06854."
2. That said Certificate is made pursuant to the provisions of Section 21 of the Common
Interest Ownership Act.
Dated: March ,2007
Engi eer or Surveyor

7
Registration No.: 9838
Book8973/Pageti8 Page 1 of I
INSTR i 2007009152
VOL @8973 PG 0118
RECORDED 05/0112007 PM
DONNA fl LUI3LISCI
ARCHITECT'S CERTIFICATE OF OOMPLEPIØI*n STAMFORD CT
/
This Certificate is giving with respect to the Delcaration of ADAMS MILL RIVER
ASSOCIATES, LLC recorded contemporaneously herewith in the Land Records of the City of
Stamford.
I hereby certify, to the best of my knowledge and belief:
1. That all structural components of the buildings containing the Units of Adams Mill
River House Condominiums are substantially completed in accordance with the Survey
attached to the Declaration as Schedule A-3 entitled 'Property Survey Depicting
Declaration of Adams Mill River Condominiums, Stamford, CT, Prepared For Adams
MIII River Associates, LLC, prepared by Redniss & Mead, Engineers, Planners,
Surveyors, Environmental Consultants, dated 02/13/06 and signed by Raymond Redniss
on February 14, 2006" and approved by the Stamford Planning Board for filIng
purposes on December 27, 2005 and the Plans attached as Schedule A-4 entitled "A2- 1
Garage Level Plan, A2.2 First floor Plan, A2.3 Second Floor Plan, A2.4 Third Floor
- fl*.... T ej* flnnr PIPn nrnnarM by Timothy Gooding.
) 55. City of Stamford
I, Donna if. Loglisci, City and Town Clerk of the City Stamford
keeper of the Seal thereof and by law duly authorized to affix the same in authentication of the
In Witness Whereof, I have hereunto subscribed my

this 2 dayofifay A.D2007.
Mill III kiNhliflift flulhift ill Ii MNI$I mai
INSTR a 200?009j53
VOL Oes'a PG 0119
RECORDED
Pfl
El cc k 265 DONNA N LCJGLIScI
TOWN STANFORD CT
BLOCK
AGREEMENT
AGREEMENT made this 0' day of April 2007 by and between MILL
RIVER ASSOCIATES, LLC., a Connecticut limited liability company having a
principal place of business in the City of Stamford, County of Fairfield and
State of Connecticut, acting herein by Paxton Kinol, President of Stiliwater
Investment Management Corp and Manager of Adams Mill River Associates, LLC
(hereinafter referred to as "Owner"); and the CITY OF a municipal
corporation lying within the County of Fairfield and State of Connecticut,
acting herein by its duly authorized Mayor, Dannel P. Malloy (hereinafter
referred to as the 'CITY"), the ENVIRONMENTAL PROTECTION EOflD OF THE CITY
OP STMEORD, acting herein by its duly authorized Executive Director, David
N. Emerson (hereinafter referred to as the "EPI3")
WITNESSETH:
WHEREAS, OWNER has commenced the planning and construction of sixty

(60) new residential condominium units in a four and one—half story
building above an enclosed parking garage containing 93 parking spaces,
with associated open space, landscaping and drainage improvements, and as
more particularly described on "Schedule A" annexed hereto (the
"Property"); and
WHEREAS, certain drainage facilities ("Drainage Facilities"), including

but not limited to all catch basins, manholes, pipes, drains, infiltrators
and other features as more particularly described on "Schedule B" attached
(the "Construction Plans") shall be installed in connection with the
aforesaid construction and in accordance with the Construction Plans
("Permit'1) and;
WHEREAS, OWNER, the CITY and EPE share a joint concern that the
Drainage Facilities be maintained in a functioning condition so as to avoid
pollution of surface and groundwaters, flooding and/or improper drainage.
NOW, THEREFORE, in consideration of ten dollars and other good and

valuable consideration receipt of which is hereby acknowledged by the OWNER,
it is hereby agreed as follows:
1) OWNER shall clean the drainage facilities or cause such facilities
to be cleaned by periodic removal of accumulated sediment and

debris in a good and workman—like manner, at least two (2) times
during every twelve (12) month period, which times shall be in the
period between April and June and between October and December and
more often as the City may determine to be necessary.
2) OWNER shall sweep, or cause to be swept, garage facilities,

driveways and roadway surfaces located on the Property at least
once per calendar quarter.
3) OWNER shall utilize only sand or calcium chloride in connection

with the de—icing of areas within the Property meaning and
intending that road salt (Sodium Chloride) shall not be used for
said purpose.
(2)
Book8973/Pagel2O Page 2 of 9
4) OWNER shall repair or replace any defects or defective drainage
facilities so as to maintain the drainage facilities, at all
times, in a fully functional capacity.
5) OWNER shall file as-built drainage plans with the EPE immediately
upon the completion of work. Said plans shall be prepared by a
professional engineer/surveyor registered in the State of

Connecticut.
6) OWNER grants the CITY and/or EPS, its agents, and employees, the
right to enter the Property at all reasonable times upon twenty—
four (24) hours notice to the OWNER for the purpose of inspecting
the Property to determine if OWNER is complying with the
requirements hereunder. A representative of the Owner shall have
the right to accompany the City and/or EPa on their inspection of
the Property.
7) If, after an inspection is made pursuant to Paragraph Six (6)
hereof, the CITY and/or EPE determines that the owner has failed
to comply with the aforesaid undertakings, then the CITY and/or
EPB shall give written notice of said determination to the then
OWNER of the Property which notice shall also specify the said
failure. Said notice shall be sent by registered or certified
mail to the last known address of said Owner. If the Owner
disputes the claim, he shall give written notice thereof to City
and/or EPE within ten (10) days of receipt of said notice,
and the
EPa shall hold a hearing as promptly as possible to decide the
(3)
Book8973/Pagel2l Page 3 of 9
merits of the disputed claim. If the claim is not disputed within
said ten (10) days, the OWNER shall have thirty (30) days from the
receipt of said notice to correct said failure, unless it is
impossible to cure said defect within said time, in which case,

the necessary repairs shall be immediately commenced and
diligently pursued to completion within a reasonable time.
8) If the said failure is not remedied within the time frame herein
stated, the CITY and/or EBB may proceed to cure the same and
charge the actual cost thereof to the OWNER of the Property.
9) OWNER agrees to reimburse the CITY and/or EBB for reasonable legal
fees and court costs if it becomes necessary for the CITY and/or
EBB to sue for reimbursement of sums expended by the CITY and/or
EBB in performance of OWNER'S obligation.
10) OWNER agrees and covenants to indemnify and save harmless the CITY
and the EBB against any and all claims, suits, actions or
judgments arising out of the delay in the performance of any of

their obligations pursuant to this Agreement.
11) OWNER agrees that this covenant and restriction shall apply to and
run with the land. It shall be binding on all future owners,
administrators, executors, successors and assigns.
12) The OWNER hereby represents to the CITY and EBB that he/she is the
owner, in fee simple, of all of the property described in
(4)
"Schedule A" attached hereto and made a part hereof.
13) OWNER agrees that this Agreement and restrictive covenant upon
execution of the same, shall be recorded on the land records at
the OWNER'S expense at the time that a permit is issued for the
Property herein and while the OWNER is in title.
14) OWNER agrees not to assert the invalidity of this document.
15) OWNER agrees that nothing herein shall be construed to be a
limitation upon the right of the EPE to assert and enforce any
rights it may have under federal, state or City statute, ordinance
or regulation.
16) This agreement shall be governed by the laws of the State of

Connecticut.
(5)
S
IN WITNESS WHEREOF, the said parties hereto have hereunto set their
hands and seals, the day and year first above written.
WITNESSED:
71
Its duly author ed Mayor
ThE ENVIRONMENTAL PR TECTION BOARD

H
a0
David rson
Its duly authorized Executive Director
ADM4S MILL RIVER ASSOCIATES, LLC

By: Stillw er Man ment
Corp , ts MØnager
PAX'TON KINOL
Its President
(6)
STATE OF CONNECTICUT)
ss: STAMFORD Date:_______
COUNTY OF FAIRFIELD
Personally appeared Dannel P. Malloy, Mayor of the City of Stamford,

Signer and sealer of the foregoing Instrument, and acknowledged the same to
be his free act and deed and the free act and deed of said City, before me.
of the Superior Court

or Notary Public
LESIJE
NOTARY PUBLIC
CbmrrnsIon Ey res OCT. 31.20w
STATE OF
ss: STANFORD Dated
/ -
7
Personally appeared David N. Emerson, Executive Director of the
Environmental Protection Board of the City of Stamford, Signer and sealer of
the foregoing Instrument, and acknowledged the same to be his free act and
deed and the free act and deed of said Commission, before me.
Commissioner f the superior Court

o otary Public
My mts&on Expires9/3O/200$
STATE OF CONNECTICUT }
ss: Stamford Date: 'i 3, ZOO

COUNTY OF FAIRFIELD
Personally appeared Paxton Kinol, President of Stillwater Investment

Management Corp., Manager of ADAMS MILL RIVER ASSOCIATES, LLC, signer and
sealer of the forgoing instrument, and acknowledge the same to be his free
act and deed, and the free act and deed of said company before me.
the Superior Court

0i I4uLasy
(7)
SCHEDULE A
ALL THAT CERTAIN piece, parcel or tract of land, together with the
buildings and improvements thereon, situated in the City of Stamford,
County of Fairfield, and State of Connecticut, as shown on and designated
on a certain map titled "Perimeter Survey Depicting Consolidation of
Parcels," Adams Mill River Associates, LLC, Stamford, CT," Prepared for
Adams Mill River Condominium, Stamford, CT, by Redniss and Head, dated May
3, 2006 which is on file in the Office of the City and Town Clerk as Map
No.
(8)
a.
SCHEDULE B
"Site Elan," "Sediment and Erosion Control Plan," "Schematic Grading

and Utility Plan," "Notes," "Details," and "Details," Adams House,
Stamford, CT, Prepared for Adams Mill River Associates, LLC, Sheets SE—i
and SE—i through SE—S by Redniss and Mead, revised December 15, 2005.
State of Con necticut )

) 5$. City of Stamford

Do Hereby Certjfy, That the above and foregoing is a true and correct

this 2 davof May A.D 2007.
____
liii
4 '
p
ro
EASEMfl4T
KNOW YE that MILL RIVER ASSOCIATES, LLC, A00

Connecticut limited liability company having a principal place
of business in the City of Stamford, County of Fairfield and
State of Connecticut, acting herein by Paxton Kind, President
of Stiliwater Investment Management Corp. and Manager of ADAMS
MILL RIVER ASSOCIATES, LLC (hereinafter referred to as
-u
"GRANTOR"), for and in consideration of Ten Dollars ($10.00) and
0
other valuable consideration, receipt of which is hereby 7.
Co 03
acknowledged, does hereby give, grant, bargain, confirm and sell !
unto the CITY OF STAMFORD, a municipal corporation lying within

the County of Fairfield and State of Connecticut, acting herein c'
C_) —
by its duly authorized Mayor, Dannel P. Malloy (hereinafter
referred to as the , a perpetual right and privilege 9
to a non-exclusive EASEMENT in, over, upon and across the
property designated AS "SIDEWALK EASEMENT" on a certain map
entitled "Easement Map Depicting Sidewalk Easement To Be Granted
To City of Stamford by Adams Mill River Associates, LLC" which
map was prepared by Redniss & Mead, Inc. and is dated March 30,
2007 and is recorded on the Stamford Land Records as Map No.
/3 (hereinafter the "Easement Area") , subject to the
terms and conditions hereinafter contained.
As it pertains to the Easement Area, the grant herein

contained is for the express purpose of allowing members of the
general public to pass and repass over and upon the Easement
Area, but shall be limited to pedestrian public passage over and
upon the sidewalks and street within said Easement Area.
Book8973fPagel2S Page 1 of 4
It is further expressly understood and agreed between the
Grantor and the Grantee that this grant is subject to the
following terms and conditions:
(1) The grant herein conveyed shall not extend to or

permit any member of the general public to loiter, linger, act
in an offensive or socially inappropriate manner, or otherwise
remain on or about the Easement Area.
(2) The Grantor, in its sole discretion, may elect to

transfer and convey to Grantee, by way of Quit Claim Deed, all
or any part of the Easement Area at any time. In such event,
the Grantee shall accept such deed and be responsible for
recording same upon the Land Records.
(3) The responsibility of maintenance and repair of the

Easement Area shall rest with the Grantor.
(4) The Grantee shall indemnify, defend and hold harmless

the Grantor from any loss, liability or damage to persons or
property within or upon said Easement Area except in instances
where such injury or damage is cause by a negligent or willful
act, or an omission of the Grantor.
The Grantor represents and covenants that it is well seized

of the Easement Area as a good and indefeasible estate in fee
simple, and it has good right t enter into this Easement
Agreement in the manner and form as is above represented.
The grant is intended to run with the land and bind the
successor and assigns of the respective parties.
IN WITNESS WHEREOF, the undersigned has hereunto set its
hand and seals this t2fr day of April, 2007.
Signed, sealed and delivered in the presei
it ess
OtscMan Paxton Kinol
For: Stillwater Investment
Management Corp. and Manager
of Adams Mill River
Associates, LLC
4-
T•i
)
wefrness Mayor Dannel P

CITY OF STAMFORD
ss: Stanford April 3 , 2007
COUNTY OF FAIRFIELD
Personally appeared Paxton Kinol, President of Stillwater

Investment Management, Corp. and Manager of Adams Mill River
Associates, LLC, signer and sealer of the foregoing instrument,
and acknowledge the same to be his free act and deed, and the
free act and deed of said limited liability company before me.
Commissioner of the Superior Court

PuLlic
—C
AYI'RUVEUAS IUtUKM
Assistant Corporation Counsel
3ook8973/Pagel3O Page 3 of 4
ss: Stamford 2007
COUNTY OF FAIRFIELD
Personally appeared Dannel P. Malloy, Mayor of the City of

Stamford, signer and sealer of the foregoing instrument, and
acknowledge the same to be his free act and deed, and the free
act and deed of said City, before me.
No Public
My Commission Expires:
JUDITH E. ISIDRO
NOTARY PUBLIC
S,q*s.
State of Connecticut
)
) 55. City of Stamford
I, Donna M. Loglisc4 City and Town Clerk
keeper of the Seal thereof and by law duly authorized of the City of Stamford
to affix the same in
Records in the said City in my care and custody, authentication of the
Do Hereby Cer4fy, That the above and
foregoing is a true and correct
transcript and copy of the original record as appears in Book
8973 Page 128
In Witness Whereof I have hereunto

subscribed my
this 2 davofMay A.D2007.
_____
'Block 265
xusm # 20070g9155
VOL 08973 PG 0132
#ECORDED 02:32:03 LII
IIM;DSCAPE MAINTENANCE LO(3LISC t
LIFT & TOWN CLERK STANFORD CT
BLOCK
o
THIS AGREEMENT ("Agreement") made this day of April 2007 by and
between ADAMS HILL RIVER ASSOCIATES, LLC, a Connecticut limited liability
company having a principal place of business in the City of Stamford, County
of Fairfield and State of Connecticut, acting herein by Paxton Kinol,
President of Stillwater Investment Management Corp. and Manager of Adams
Mill River Associates, LLC (hereinafter referred to as "Owner"); and the

CITY OF STAMFORD, a municipal corporation lying within the County of
Fairfield and State of Connecticut, acting herein by its duly authorized

Mayor, Dannel P. Malloy (hereinafter referred to as the "City"), the
ENVXRONMENTAL PROTECTION BOARD OF THE CITY OF STAMFORD, acting herein by its
duly authorized Executive Director, David M. Emerson (hereinafter referred

to as the "EPB") -
WITNESSETH:
WHEREAS, the Owner is the owner of a certain parcel of land situated
within the City of Stamford, County of Fairfield, and State of
Connecticut, as shown on and designated on a certain map titled "Perimeter
Survey Depicting Consolidation of Parcels," Adams Mill River Condominium,
Stamford, CT, Prepared for Adams Mill River Associates, LLC, by Redniss &
Mead, dated May 3, 2006, which is on file in the office of the City and
Town Clerk of the City of Stamford as Map Number 13940 (hereinafter
referred to as the "Property") and
WHEREAS, OWNER was granted Zoning Board approval for the construction
of sixty (60) new residential condominium units in a four and one—half
story building above an enclosed parking garage containing 93 parking
spaces, with associated open space, landscaping and drainage improvements,
one condition of which is to require the Owner to enter into a landscape
maintenance agreement with the City and EPE for those portions of the
property which are described as the landscaped areas on the plans
entitled: "Planting Plan," "Irrigation Plan," and "Planting Details,"
Adams House, Adams Avenue, Stamford, CT, Sheets L—l.1, L—l.2, and L—2.2 by
Wesley Stout Associates, revised July 26, 2006, (hereinafter referred to as
the "Plan") which are on file in the office of the Environmental Protection
Board of the City of Stamford.
NOW, THEREFORE, in consideration of ten dollars ($10.00) and other good
and valuable consideration receipt of which is hereby acknowledged by the
Owner, it is hereby agreed as follows;
(1) Owner shall improve the landscaping in accordance with
the specifications and details outlined on the Plan.
(2) Owner shall maintain the landscaped areas shown on the
Plan in a reasonably good and healthy condition.
Reasonable wear and tear is expected. In the event that
any significant portion of the landscaped area as shown
on the Plan shall cease to be landscaped, either
(2)
3ock8973/Pagel 33 Page 2 of 7
through erosion, vandalism, disease, negligence or for
any other reason, the Owner shall restore the
landscaping substantially in accordance with the Plan.
(3) Owner grants the City and/or EPE, its agents, and
employees, the right to enter the Property at all
reasonable times upon twenty—four (24) hours notice to
the Owner for the purpose of inspecting the Property to
determine if the Owner is in compliance. A
representative of the Owner shall have the right to
accompany the City and/or EPB on their inspection of
the Property.
(4) If, after an inspection is made pursuant to Paragraph
Three (3) hereof, the City and/or EPB determines that
the Owner has failed to comply with the aforesaid
undertakings, then the City and/or EPS shall give
written notice of said determination to the then Owner
of the Property which notice shall also specify the
said failure. Said notice shall be sent by registered
or certified mail to the last known address of said
Owner. If the Owner disputes the claim, he shall give
written notice thereof to City and/or EPa within ten
(10) dayC of receipt of said notice, and the EPE shall
hold a hearing as promptly as possible to decide the
(3)
Bcok8973/Pagel34 Page3of7
merits of the disputed claim. If the claim is not
disputed within said ten (10) days, the Owner shall
have thirty (30) days from the receipt of said notice
to correct said failure, unless it is impossible to
cure said defect within said time, in which case, the
necessary repairs shall be immediately commenced and
diligently pursued to completion within a reasonable
time.
(5) If the said failure is not remedied within the time
frame herein stated, the City and/or may proceed to
cure the same and charge the actual cost thereof to the
Owner of the Property.
(6) Owner agrees to reimburse the City and/or EPB for legal
fees and court costs if it becomes necessary for the
City and/or EPB to sue for reimbursement of sums
expended by the City and/or EPB in performance of
Owners obligation.
(7) Owner agrees and covenants to indemnify and save
harmless the City and the EPS against any and all
claims, suits, actions or judgments arising out of the
delay in the performance of any of their obligations
pursuant to this Agreement.
(4)
Book8973/Pagel 35 Page 4 of 7
(8) Owner agrees that this Agreement shall apply to and run
with the land. It shall be binding on all future
owners, administrators, executors, successors and
assigns.
(9) The Owner hereby represents to the City and EPB that he
is the owner, in fee simple, of all of the Property.
(10) Owner agrees that this Agreement, shall be recorded on
the land records at the Owner!s expense at the time
that a permit is issued for the Property herein and
while the Owner is in title.
(11) Owner agrees not to assert the invalidity of this
document.
(12) Owner agrees that nothing herein shall be construed to
be a limitation upon the right of the EPE to assert and
enforce any rights it may have under federal, state or
City statute, ordinance or regulation.
(13) This agreement shall be governed by the laws of the
State of Connecticut.
(5)
6ook8973/Pagel3G Page 5 of 7
IN WITNESS WHEREOF, the said parties hereto have
hereunto set their hands and seals, the day and year first
above written.
WITNESSED:
THE CITY OF S
BY
by
Its duly aut rized Mayor
THE ENVIRONMENTAL PROTECTION BOARD

ft(cRih4> k. TDlinecct-
Davi Erne n
Its duly aut orized
Executive Director
MILL RIVER LLC

By: Stibbwater I estment
orp., its an get
0 Isc4uzn Paxton Kinol

Its President
S
(6)
8ook8973/Pagel 37 Page 6 of 7
OF CONNECTICUT
55: STANFORD
COUNTY OF FAIRFIELD
7,
Personally appeared Barton Kinol, President of Stiliwater Investment
Management Corp., Manager of Adams Mill River Associates, LLC, signer and
sealer of the foregoing Instrument, and acknowledged the same to be his free
act and deed, and the free act and deed of said company, before me.
7,, Court
STATE OF CONNECTICUT}
as: STANFORD Date:
COUNTY OF FAIRFIELD

signer and sealer of the foregoing Instrument, and acknowledged the same to
I' Commissioner of the Superior Court

Notary Public LESLIESTROR
NOTARY PUBUC
OCT 31. 201N
ss: STAMFORD Date:
COUNTY OF FAIRFIELD )
Personally appeared David N. Emerson, Executive Director of the

Environmental Protection Board of the City of Stamford, signer and sealer of
the foregoing Instrument, and acknowledged the same to be his free act and
deed and the free act and deed of said Commission, before me.
Commissi of t he S uperior Court

Notary Public
My Commission
Boo 38 Page 7 of 7
rSTATE OF CONNECTICUT
as: STAMFORD
COUNTY OF FAIRFIELD
Personally appeared Paxton Kinol, President of Stiliwater Investment

Management Corp., Manager of Adams Mill River Associates, LLC, signer and
sealer of the foregoing Instrument, and acknowledged the same to be his free
act and deed, and the free act and deed of said company, before me.
issioner of the Superior Court
ss: STAMFORD Date:
COUNTY OF FAIRFIELD

signer and sealer of the foregoing Instrument, and acknowledged the same to
ss. City of Stamford

In Witness Whereof, I have hereunto subscribed my

this 2 fMay A.D 2007.
City and Town 1cr

_______________
ui ii iii ii un 111111111111111 III III 111111111111 IH I III
INSTR # 2007009356
VOL 08975 PG 0327
RECORDED 05)03/2007
2nd AMENDMENT TO DECLARAQ]WNI L0(3LISCI
OF ADAMS MILL RIVER HOUSE STMIFORI) CT
6_
ADAMS MILL RIVER ASSOCIATES, LLC, STAMFORD, CONNECTICUT
("Declarant"), .a Connecticut Limited Liability Company
with its office at 35 West Broad Street, Suite 1, Stamford, CT 06902
Under a certain Declaration of Condominium for a community known as Adams Mill

River House Condominiums which Public Offering Statement and Declaration are dated
February 14, 2006 with said Declaration having been recorded on the Stamford Land Records on
May 1, 2007 in Volume 8973 at Page 0002 ("Declaration"), the Declarant does hereby amend
the Declaration and does hereby declare:
I. Schedule A-2 attached hereto is substituted for Schedule A-2 of the Declaration,
IN WITNESS WFIEREOF, the Declarant has caused this Amendment to be executed this
day of May, 2007.
Signed, sealed and delivered in the presence of:

ADAMS MILL RIVER
ASSOCIATES, LLC
By: Still,vater
Palton Ki'iolIts freá den

Witness
STATE OF CONNECTICUT )
} ss..' Stamford
COUNTY OF FAIRFIELD } (Town)
On this 9 day of/vIay, 2007, personally appeared Paxton Kinol, as aforesaid,

executed the foregoing instrument as the President of Stiliwater Investment Management Corp.
and acknowledged same to be his free act and deed and the free act and deed of STILL WA TER
IN VESTMENT MANA GEMENT CORP. as Manager for ADAMS MILL RiVER ASSOCIA TES,
LLC and the free act and deed for ADAMS MILL RIVER ASSOCIATES, LLC before me.
Commissioner of the Superior CourjP

Michael P. Sweeney V
Received for Record at M Attest,

Town Clerk
SCHEDULE A-2
Adams Mill River Condominium Asseociation
Allocation of Voting rights and Condominium Costs

Estimate Coomon Charges are based on a projected budget of $220,000.00
Build Set SF
Unit Percentage of Area Esitniated Monthly Common Charges
101 Cl 1460 1 2.03% $372.78

102 53 1146 1 1.80% $293.12
103 51 1181 1 1.80% $293.88
104 51 576 1 0.80% $146.94
105 62 1226 1 1.71% $313.03
106 A2 624 1 1.15% $210.39
108 82 1228 1 1.71% $313.03
109 82 613 I 0.85% $156.52
110 85 1200 1 1.67% $306.40
111 81 1151 1 1.60% $293.88
112 85 1200 1 $306.40
113 61 576 1 0.80% $148.94
114 61 1151 1 1.60% $293.88
115 83a 1202 I 1.67% $306.91
116 02 721 1 1,00% $184.09
201 Cl 1460 1 2.03% $372.78
202 B3 1148 1 1,60% $293.12
203 81 1151 1 1.60% $293.88
204 Bi 1151 1 1.80% $293.88
205 62 1226 1 1.71% $313.03
206 82 1226 1 1.71% $313.03
208 82 1226 1 1.71% $313.03
209 134 1465 1 2.07% $379.17
210 85 1200 1 1.67% $306.40
211 81 1181 1 1.60% $293.88
212 B5 1200 1 1.67% $306.40
213 Bi 576 1 0.80% $146.94
214 81 1151 I 1.60% $293.88
215 83a 1232 I 1.67% $306.91
216 C2 1442 1 2.01% $368.19
301 Cl 1460 1 2.03% $372.78
302 83 1148 1 1.60% $293.12
303 81 1151 1 1.60% $293.88
304 81 1151 1 1.60% $293.88
305 82 1226 1 1.71% $313.03
306 82 1226 1 1.71% $313.03
308 62 1226 1 1,71% $313.03
309 84 1485 1 2.07% $379.17
310 85 1200 1 1.67% $306.40
311 81 576 1 0.80% $146.94
312 65 1200 1 1.67% $306.40
313 81 576 I 0.80% $146.94
314 61 1151 1 1.60% $293.88
315 83a 1202 1 1.67% $306.91
Adams Mill River Condominium Asseociation
Allocation of Voting rights and Condominium Costs

Estimate Coomon Charges are based on a projected budget of $220,000.00
Build Set SF
ithil lypi SF Percentage of Area Esitmated Monthly Common Charges
316 C2 1442 1 2.01% $368.19

401 Cli. 1618 1 2.25% $413.12
402 B3L 1271 1 1.77% $324.52
403 BIL 1303 1 1.81% $332.70
404 BIL 1303 1 1.81% $332.70
405 B2L 1378 1 1.92% $351.84
408 B2L 1378 1 1.92% $351.84
408 B2L 1378 1 1.92% $351.84
409 84L 1717 I 2.39% $438.40
410 35L 1359 1 1.89% $346.99
411 B1L 1303 1 1.81% $332.70
412 85L 1359 1 1.89% $346.99
413 BIL 1303 1 1,81% $332.70
414 BIL 1303 1 1.81% $332.70
415 B3aL 1369 1 1.91% $349.55
416 C2L 1623 1 2,26% $414.40
71,803 80 100.00% $18,333
x 12 months
$220,000
I
hereby corlity that l1iis is s true copy
of the original document received for
record In the Office of the Town Clerk,
City of Stamford.
on

Declaration, Adams Mill River Stamford, CT

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to which reference may be had.

Signed, Sealed and Delivered

P Ia Hoilywoc Huzina, itness

Kelly A. olloy /'

A Condominium Common Interest Community

Adams Mill River Associates, LLC

Sandak Hennessey & Greco LEt'

Book8973IPage2 Page 1 of 114

Section 1.01 —Act

BookB973IPage3 Page 2 of 114

Section 2.01 — Common Interest Community

ARTICLE III — Description of Land

ARTICLE IV — Maximum Number of Units: Identification

Section 4.01 — Number of Units

ARTICLE V - Limited Common Elements

ARTICLE VT—Maintenance, Repair and Replacement

Section 6.01 — Common Elements

ARTICLE VII— Subsequently Allocated Limited Common Elements

ARTICLE VIII — Development RiEhts and Special Declarant Rights

Section 8.01 — Reservation of Development Rights

Book8973/Page4 Page 3 of 114

Section 9.01 — Allocation of Interests

ARTICLE X — Restrictions on Use, Alienation or Occupancy

Section 10,01 —Use and Occupancy Restrictions

ARTICLE XI— Easements and Licenses

ARTTCLE XII — Allocation and Reallocation of Limited

Section 12.01 — Allocation of Limited Common Elements Not

Section 12.02 — Reallocation of Depicted Limited Common Elements

ARTICLE Xlii — Additions. Alterations and Improvements

Section 13.01 — Additions, Alterations and Improvements by

ARTICLE XIV- Relocation of Boundaries Between

Section 14.01 — Prohibition Against Reallocating Boundaries

ARTICLE XV — Amendments to Declaration

Section 15.01 - General

ARTICLE XVI — Amendments to Bylaws

ARTICLE XVII- Termination

Book8973/Page5 Page 4 of 114

Section 18.01 - Introduction

ARTICLE XIX — Assessment and Collection of Common Exnenses

Section 19.01 — Definition of Common Expenses

ARTICLE XX — Right to Assian Future Income

ARTICLE XXI — Persons and Units Subject to Documents

Section 21.01 — Compliance with Documents

ARTICLE XXII — Insurance

Section 22.01 — Coverage

Book8973fPage6 Page 5 of 114

ARTICLE XXIII — Damage to or Destruction of Pronertv

Section 23.01 — Duty to Repair or Restore

ARTICLE XXIV— Rights to Notice and Comment;

Section 24.01 — Right to Notice and Comment

ARTICLE XXV — Executive Board

Section 25.01 — Minutes of Executive Board Meetings

ARTICLE XXVI - Condemnation

ARTICLE XXVII— Miscellaneous

Section 27.01 — Captions

Book8973/Page7 Page 6 of 114

A-i Description of Land

A-2 Table of Allocated Interests

A-3 The Survey

A-4 The Plans

3ook8973/Page8 Page 7 of 114

ADAMS MILL RIVER HOUSE ASSOCIATES, LLC, a Connecticut limited liability

Section 1.07— Common Interest Community. Adams Mill River House