MANAGEMENT AGREEMENT
PROPERTY NAME: Property Capital Trust
Limited Partnership
Located at: 00 Xxx Xxxx Xxxxxx
Xxxxxxxxxx, Xxxxxxxxxxxxx
OWNER: Property Capital Trust
Limited Partnership
CONTRACTOR: Xxxx & Company, Inc.
DATE: May 28, 1999
MANAGEMENT AGREEMENT
Owner and Contractor act and agree as follows:
PART I
REFERENCE DATA
Each reference in this Agreement to any of the following defined terms
will be deemed to incorporate all of the following information:
"Commencement Date" May 28, 1999
"Contractor" Xxxx & Company, Inc., a Massachusetts
corporation
"Owner" Property Capital Trust Limited Partnership
"Property" or "Project" Property Capital Trust Limited Partnership
00 Xxx Xxxx Xxxxxx
Xxxxxxxxxx, Xxxxxxxxxxxxx
as more particularly described in Exhibit A, together with all personal property
of Owner attached to or used in connection with the above-named property.
Parts II through V of this Agreement and the Exhibits hereto are made a part of
this Agreement as effectively as if set forth above the signature lines.
Executed, as an instrument under seal, as of May 28, 1999.
OWNER:
PROPERTY CAPITAL TRUST LIMITED
PARTNERSHIP
By: Property Capital Trust, Inc., its general
partner
By: /s/ Xxxxx X. Xxxx
Name: Xxxxx X. Xxxx
Title: President
CONTRACTOR:
XXXX & COMPANY, Inc.
By: /s/ Xxxxxx X. Xxxx
Name: Xxxxxx X. Xxxx
Title: President
PART II
ENGAGEMENT AND TERM
1. Engagement of Contractor. Except as otherwise provided herein, the Owner
hereby engages the Contractor as its sole and exclusive management and leasing
agent for the term hereof, to rent, operate, maintain and manage the Property,
together with any expansions thereof and additions thereto and the Contractor
hereby accepts such engagement, all upon and subject to the terms and provisions
hereinafter set forth.
2. Term of Agreement. This Agreement shall be for an initial term
commencing on the Commencement Date and ending on December 31, 1999. Thereafter,
the term of this Agreement shall be automatically renewed for successive renewal
terms of one (1) year each unless terminated by either party by written notice
delivered to the other party at least thirty (30) days prior to the expiration
of the initial term or then current renewal term, subject to earlier termination
as hereinafter provided. Any and all such renewal terms shall be upon and
subject to all of the same terms and provisions as the initial term hereof (the
initial term and any and all such renewal terms of this Agreement are
hereinafter sometimes referred to as the "Term").
PART III
MANAGEMENT OF THE PROJECT
3. Duties and Authorities of Contractor. Contractor shall manage, operate
and maintain the Project in an efficient and satisfactory manner, utilizing
trained, experienced personnel, in conformance with an annual budget (the
"Annual Budget") to be prepared by Contractor (in consultation with Owner) prior
to January 10 of each calendar year. The Contractor agrees to perform the
following services, and the Owner hereby authorizes the Contractor, subject to
the terms and provisions of this Agreement, to take such reasonable action as
may be necessary or desirable in connection therewith, to-wit:
a. Collections. The Contractor shall collect all rents and other income from the
Project and shall use reasonable efforts to ensure tenants' compliance with
their respective leases, and when necessary, as directed by the Owner, shall
institute any and all legal actions or proceedings (using counsel approved in
writing by Owner) to effect such collections and to evict delinquent tenants;
and Contractor agrees to employ reasonable efforts to attempt to collect such
income, although Contractor shall not be liable for any failure so to collect;
b. Bank Accounts: Transfer of Funds. The Contractor shall deposit all monies
received by Contractor for or on behalf of Owner in a segregated account in the
name of Owner for the Project in a bank or other institution approved by Owner
(the "Depository Account"), which funds shall not be mingled with other funds of
Contractor. Contractor shall payout of the Depository Account all ordinary and
necessary operating expenses of the Project and any other payments relating to
the Project required by the terms of this Agreement or the applicable Annual
Budget. Owner may direct Contractor to change any depository bank or depository
arrangement. Without the prior written consent of Owner, however, Contractor
will not change any depository bank or arrangement or other banking relationship
or procedure;
c. Employees. Contract shall, subject to the provisions of the then applicable
Annual Budget, select, retain and employ qualified and experienced persons or
contractors to perform all necessary maintenance, security (if requested by
Owner or contained in the Annual Budget) and custodial labor in connection with
the Project, whether part time or full time, and shall provide necessary
xxxxxxx'x compensation payments, income tax withholding and other similar
payments, which personnel at all times shall be the employees of Contractor and
shall not be deemed to be the employees of Owner for any purpose whatsoever. All
costs incurred with respect to the foregoing, including without limitation, all
costs and expenses relating to on-site employees, shall be at Owner's expense
provided that such costs are in accordance with the then applicable Annual
Budget or are otherwise approved by Owner. Contractor will attempt to use
independent contractors where possible and prudent. Contractor shall select,
retain and employ sufficient home office personnel to perform the management
activities required under this Agreement, the costs of which shall be paid by
Contractor, except to the extent otherwise expressly stated herein.
d. Standard of Care. The Contractor shall exercise diligence and care, in
accordance with appropriate industry standards, in the management of the
project, and shall furnish the Owner with its advice, experience and judgment in
such management.
e. Insurance. The Contractor shall maintain insurance coverage pursuant to
Section 8 Below.
f. Payment of Expenses. To the extent that funds of Owner are in accounts of
Owner on which Contractor is authorized to draw and available therefore, the
Contractor shall pay from such funds all taxes, assessments, other impositions
applicable to the Project, and all operating expenses of the Project, including
but not limited to the payment of: (i) utility costs; (ii) on-site personnel
costs; (iii) repairs, replacement and maintenance costs; (iv) security, if
desired by the Owner; (v) insurance costs; and (vi) debt service, if applicable.
g. Service Contracts. Unless and until the Owner directs Contractor to the
contrary, the Contractor, acting for and on behalf of and in the name of the
Owner, shall enter into and supervise the performance of any and all contracts
and remnants which the Contractor may reasonably deem necessary or desirable to
provide any repairs, alterations, maintenance, utilities and other services to
or for the buildings and improvements of the Project, subject to the approved
Annual Budget; provided, however, that Contractor shall not without prior
written consent of Owner, enter into any one contract or agreement that requires
annual payments in excess of $5,000.00 unless contemplated by the approved
Annual Budget.
h. Financial Information. Within ten (10) days after the end of each month, the
Contractor shall cause to be submitted to the Owner at such place or places as
may be designated by Owner, all accounting and financial information and
services expressly required pursuant to Section 18 below;
i. Compliance With Laws and Contracts. Contractor will use reasonable commercial
efforts to comply with federal, state and municipal laws, ordinances,
regulations and orders relative to the leasing, use, operating, repair and
maintenance of the Project and with the regulations of the local Board of Fire
Underwriters or other similar bodies. Contractor will promptly remedy any
violation of any such law, ordinance, rule regulation or order which comes to
its attention and simultaneously will notify Owner of same. In addition, expect
as otherwise specifically directed by Owner, Contractor will use reasonable
commercial efforts to comply with all contracts and agreements relating to the
Project. In each instance such compliance will be an expense of the Project and
Contractor will not be required to make any payment from its own funds or incur
any individual liability. Except as otherwise specifically directed by Owner,
Contractor will be responsible for paying, from the income of the Project, all
real estate taxes, personal property taxes, betterment assessments and similar
governmental charges property due with respect to the Project:
j. Utility Contracts. Contractor will maintain, on behalf of Owner and at
Owner's expense, contracts for all necessary utility services for the Project.
k. Repairs, Decorations and Alterations. Contractor will, at Owner's expense,
make all ordinary and extraordinary repairs, decorations and alterations,
subject to the limits of the approved Annual Budget.
Not withstanding anything to the contrary provided herein, the
obligation of Contractor to manage, operate and maintain the Project in
accordance with this Agreement and the Annual Budget shall not except as
otherwise expressly provided in this Agreement, require Contractor to expend its
own funds to meet Project expenses, and Contractor shall not have any liability
for any failure to meet the performance standards in this Agreement and in the
Annual Budget to the extent such failure is due to the unavailability of funds
to meet expenses required to be paid for the project revenue.
4. Compensation to Contractor.
a. Management Fee. As compensation for the management services to be rendered by
Contractor hereunder, the Owner agrees to pay to the Contractor a management fee
(the "Management Fee") equal to three percent (3.0%) of the total monthly gross
receipts, from the Project. Payable by the 5th day of the month for the duration
of this Agreement. Payments due Contractor for periods of less than a calendar
month shall be pro-rated over the number of days for which compensation is due.
The percentage amount set forth in 4(a) shall be based upon the total gross
receipts from the Property during the preceding month.
b. Leasing Fee. In addition to the Management Fee, the Owner agrees to pay
Contractor a leasing fee (the "Leasing Fee") in the amounts calculated as
hereinafter set forth for each Tenant Lease entered into during the Term of this
Agreement. The amount of the Leasing Fee will be based upon the annual base rent
payable pursuant to a Tenant Lease. The Leasing Fee shall be due and payable to
Contractor when such Tenant Lease has been executed and delivered by or on
behalf of both the Owner and the Tenant thereunder. The Leasing Fee for Tenant
Leases shall be calculated based on the following schedule:
5% of the annual base rent for the first year of the term;
4% of the annual base rent for the second and third years;
3% of the annual base rent for the fourth year;
2% of the annual base rent for the fifth year; and
1.5% of the annual base rent for any balance of the term up to
a maximum of ten (10) years.
If a Tenant Lease is executed with the participation of an independent
broker to whom a commission is payable, the Leasing Fee payable hereunder with
respect to such Tenant Lease shall equal twenty-five percent (25%) of the
commission payable pursuant to the foregoing schedule.
If an existing Tenant at the Project extends its Tenant Lease pursuant
to an extension right in its existing Tenant Lease (whether or not an amendment
to such Tenant Lease is executed to acknowledge such extension) or if an
existing Tenant at the Project extends its Tenant Lease for an additional term
of less than two years by means of an amendment to such Tenant Lease at a time
when such Tenant has no remaining extension right under the terms of its Tenant
Lease, the Leasing Fee payable hereunder with respect to such extension shall
equal fifty percent of the commission payable pursuant to the foregoing
schedule. If an existing Tenant at the Project extends its Tenant Lease for an
additional term of two years or more by means of an amendment to such Tenant
Lease at a time when such Tenant has no remaining extension rights under the
terms of its Tenant Lease, the full Leasing Fee shall be payable hereunder with
respect to such extension.
Leasing Fees shall be deemed to have been fully earned at the time
paid, except as hereinabove provided, and the Owner's obligation to pay
Contractor said Leasing Fee with respect to any such Tenant Leases shall survive
the expiration or termination of this Agreement.
The Leasing Fees payable hereunder are intended to be gross
compensation to Contractor in consideration for Contractor's leasing and
marketing services hereunder, and Contractor shall therefore not be entitled to
any additional payment hereunder with respect to such services, except as
specifically set forth in this Agreement.
c. Payment of Fees. The Contractor is hereby authorized to deduct any and all
fees and reimbursable expenses payable to it under the terms of this Agreement
from rentals and other income received by it on behalf of Owner as contemplated
by this Agreement.
5. Expenses of Operation.
a. Reimbursable Costs. Provided that the same is in accordance with the Annual
Budget. Owner will, at its own cost and expense, in addition to payment of and
for the on-site management personnel as set forth in Paragraph 3(c) hereof and
any other reimbursable expenses provided for in this Agreement, pay or reimburse
the Contractor for the following expenses of operation, which shall not be borne
by Contractor:
i. Fees and expenses of independent auditors and accountants, and reasonable
fees of outside legal counsel.
ii. Advertising, promotional, public relations, brochures and printing fees,
costs and expenses.
iii. Costs of preparation, reproduction, transportation and storage of
display boards, layouts and similar items used or needed by Contractor to
negotiate Tenant Leases.
iv. Any fees or commissions payable to independent brokers for leasing any space
situated in the Project or any part thereof.
v. Reasonable Federal Express, UPS or other overnight courier charges incurred
by Contractor in connection with performance of its duties hereunder.
vi.Costs of data processing.
PART IV
LEASING OF THE PROJECT
6. Leasing Services. With respect to the leasing of space in the Project,
Contractor agrees to furnish leasing and marketing services throughout the Term
as aforesaid, including without limitation the negotiation of all Tenant Leases
(as defined below). All such Tenant Leases shall be on a standard form approved
by Owner, in the name of Owner, and executed by Owner. Upon the execution by all
parties of any Tenant Lease, Contractor shall immediately provide to Owner a
copy of the executed Tenant Lease.
7. Leasing Definitions. For purposes of this Agreement, the Owner and
Contractor agree that (I) the term "Tenant Leases" shall mean and refer to any
and all existing leases and any and all future leases and other agreements for
the lease or occupancy of any space in the Project which are entered into during
the term of this Agreement, and any and all amendments thereto and modifications
thereof; (ii) the term "Tenant Lease" shall mean and refer to any one of the
Tenant Leases; (iii) the term "Tenants" shall mean and refer to any and all
tenants of any space in the Project; (iv) the term "Tenant" shall mean and refer
to any one of the Tenants.
PART V
GENERAL PROVISIONS
8. Insurance.
a. Owner's Insurance. At Owner's election, Contractor will on behalf of Owner
and at Owner's expense (I) obtain and will keep in full force and effect during
the Term, adequate property and liability insurance with respect to the Project,
but in no event less that (x) in the case of property insurance, the full
insurable value of the improvements at the Project together with loss of rents
or business interruption coverage and (y) in the case of liability insurance,
the amounts specified by Owner, and ()ii) comply with all requirements affecting
the insurance provisions included in any mortgagees, if applicable, encumbering
the Project. All of said insurance shall be written on an occurrence basis and
shall be maintained in full force and effect during the Term. All of said
liability insurance required hereunder, or otherwise maintained by Owner with
respect to the Project, shall name the Owner, the Contractor and any of Owner's
mortgagees, if applicable, as named insured thereunder and shall be primary to
any other coverage which may be in effect. Contractor is hereby authorized to
procure all of said insurance on behalf of the Owner. Notwithstanding the
foregoing, at Owner's election such property and liability insurance maybe
blanketed with other insurance carried by Owner or any affiliate of Owner, in
which case a pro rata share of the premiums will be chargeable to the Project as
an operating expense. Owner or Owner's insurer will have the exclusive right, at
its option (chargeable as an operating expense of the Project), to conduct the
defense of any claim, demand or suite arising out of the ownership, operation or
management of the Project. Contractor will furnish whatever information is
requested by Owner for the purpose of placement of insurance coverages and will
aid and cooperate in every reasonable way with respect to such insurance and any
claim or loss thereunder. Contractor will notify Owner and Owner's insurance
carrier promptly upon becoming aware of any casualty, loss, injury, claim or
other event which may result in a claim under any insurance policy maintained by
owner.
b. Adverse Impacts on Insurance. Contractor shall not knowingly permit the use
of the Project for any purpose which might (I) void any policy of insurance
relating to the Project, (ii) render any loss thereunder uncollectable, or (iii)
increase the premium otherwise payable thereunder except in connection with
prudent actions designed to increase the economic benefits from the Project.
9. Indemnity.
a. Owner's Indemnity of Contractor. The Contractor shall perform its obligations
and duties under this Agreement as an independent contractor of the Owner, and
any and all obligations incurred by the Contractor on behalf of Owner hereunder
as expressly provided herein shall be for the account and at the expense of
Owner to the extent provided herein. As a material part of the consideration for
this Agreement, and as an inducement for the Contractor to enter into this
Agreement, the Owner agrees that, to the fullest extent permitted by law, the
Owner has indemnified and does hereby indemnify and hold harmless the
Contractor, its officers, directors, agents, servants, and employees, from and
against any and all liability, claims of liability, suits, actions, judgments,
damages, losses, costs and expenses, including but not limited to costs of
defense and reasonable attorneys' fees, paid or incurred by Contractor or by any
of its officers, directors, agents, servants or employees, arising from or as
the result of the performance by Contractor of its obligations and agreements
hereunder in accordance with the terms and provisions hereof, or arising out of
or as the result of any bodily or personal injury to or death of any person or
persons whomsoever (including but not limited to any agent, servant or employee
of Owner or Contractor, or of any of their respective contractors or
subcontractors, or any lessee, tenant, licensee, guest, invitee or any other
person who enters the Project), or any loss, theft or destruction of or damage
to any property of the Owner or of others, arising out of or in connection with
the ownership of the Project by Owner or the operation, leasing or management of
the Project by the Contractor, or the exercise of any of the duties, obligations
or powers herein or hereafter granted to, or conferred upon or assumed by
Contractor, or liability therefore imputed as a matter of law to the Contractor
or any of its officers, directors, agents, servants or employees.
Notwithstanding the provisions of the foregoing paragraph, Owner shall
not be required to indemnify, defend or hold the Contractor harmless against any
loss, cost, liability or expense which arises as a result (I) of any gross
negligence or willful misconduct on the part of the Contractor or its home
office employees, (ii) any breach or default by Contractor hereunder which
remains uncured following notice thereof from Owner and the expiration of any
applicable cure periods.
b. Contractor's Indemnity of Owner. The Contractor agrees to indemnify, defend
(with counsel reasonably approved by Owner) and hold harmless Owner from any
loss, cost, liability or expense (including without limitation reasonable
attorneys' fees) which arises as a result of any gross negligence or willful
misconduct on the part of the Contractor, its agents or employees. The foregoing
shall not be construed as a limitation upon any other rights or remedies
provided at law for a breach of this Agreement by Contractor continuing beyond
any notice or cure period. Notwithstanding anything to the contrary provided
herein, the Contractor shall not have any liability for any loss, cost,
liability or expense paid or incurred by Owner which is paid or reimbursed by
any casualty, loss of rents, business interruptions, liability or other
insurance maintained by or on behalf of the Project.
c. Survival of Indemnities. Owner and Contractor agree that the indemnities set
forth above shall survive the expiration or termination (whether with or without
cause) of this Agreement.
10. Termination of Agreement.
a. Termination of Owner. The Owner shall have the right to terminate this
Agreement with or without cause by giving Contractor at least thirty (30) days
prior written notice and, in such event, contractor shall be entitled to receive
all fees and reimbursable expenses payable to Contractor hereunder as provided
in clause (c) below. In the event of termination by Owner with cause, Owner
shall have such rights land remedies against Contractor as provided under
applicable law.
b. Termination by Contractor. The Contractor shall have the right to terminate
this Agreement at any time with or without cause by written notice delivered to
the Owner at least sixty (60) days prior to the effective date of such
termination. In the event of termination by Contractor, all fees and
reimbursable expenses payable to Contractor hereunder shall be paid as set forth
in clause (c) below.
c. Termination Payments. Upon termination of this Agreement by either party (or
by the Lender pursuant to clause (d) below), the Management Fee shall be
prorated to the effective date of such termination and paid to Contractor. In
addition, termination shall not affect or impair the Owner's obligation to pay
Contractor any Leasing Fees, reimbursable expenses and other sums due and
payable by Owner to Contractor to which the Contractor is entitle hereunder, all
of which shall be and remain due and payable in full in accordance with the
terms and provisions of this Agreement
11. Notices. Any notices respecting provisions of this Agreement shall be
in writing and shall be considered to have been given if hand delivered or if
sent by registered or certified mail, return receipt requested, or by private
overnight carrier, in each instance properly addressed and with postage or other
charges prepaid, in the case of the Owner to ("Owner's Notice Address"):
000 Xxxx Xxxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
And in the case of the Contractor to ("Contractor's Notice Address"):
000 Xxxx Xxxxxx
Xxxxxx, Xxxxxxxxxxxxx 00000
All notices shall be considered to have been given on the earlier of
receipt or three days after the date of mailing or delivery to an overnight
carrier as provided herein. Any party to this Agreement desiring to make a
change in its address for the purpose of notices under this Section shall notify
the other party of the change of address in the same manner as provided for in
this Section for notices.
12. Binding Effect. The provisions hereof shall be binding upon and inure
to the benefit of the parties hereto, their respective heirs, personal
representatives, successors and assigns.
13. Gender and Number. As used in this Agreement, words of any gender shall
be construed to include any other gender, word in the singular number shall be
construed to include the plural, and words in the plural number shall be
construed to include the singular, when the context or sense of this Agreement
requires.
14. Severability. If any provision or any part of any provision of this
Agreement or the application thereof to any person or circumstances shall be
held illegal, invalid or unenforceable to any extent by any court of competent
jurisdiction, such hold shall not affect the remaining provisions or parts of
provisions of this Agreement or the application thereof to any other persons or
circumstances, and all of the provisions of this Agreement shall be enforced to
the fullest extent permitted by law.
15. Governing Law. This Agreement shall construed in accordance with the
laws of The Commonwealth of Massachusetts.
16. Paragraph Headings. All captions and paragraph headings contained in
this Agreement are for convenience of reference only, and shall not be construed
to enlarge, diminish or otherwise affect the meaning or interpretation of any of
the terms or provisions hereof.
17. Independent Contractor. This Agreement is not one of general agency by
Contractor for Owner, but one with Contractor for Owner, but one with Contractor
engaged independently in the business of managing properties, as an independent
contractor, and in that respect having only limited agency as specifically set
forth in this Agreement.
18. Accounting and Financial Services.
a. Books and Accounts. Contractor will maintain adequate and separate books and
records for the Project, the entries on which shall be supported by sufficient
documentation to ascertain that all entries are accurate. Such books and records
will be maintained at Contractor's Notice Address or at such other location as
may be mutually agreed upon by Contractor and Owner in writing. Contractor will
attempt in good faith to maintain such control over accounting and financial
transaction as is reasonably required to protect Owner's assets from theft,
negligence or fraudulent activity on the part of Contractor's employees or other
agents. Uninsured losses arising from theft, gross negligence or fraud by
Contractor are to be borne by Contractor in its individual capacity and not as
an operating expense of the Project.
b. Monthly Statements - Financial Reports. Contractor will furnish to Owner, no
later than 10 days after the end of each month, a report (the "Monthly
Statement") of all transaction occurring during such month. The purpose of said
Monthly Statement will be to inform and appraise Owner of Project status and
condition. Contractor is responsible to review and comment on Project financial
and physical condition to assist Owner so that Owner is fully knowledgeable
regarding same.
c. Owner's Property. All books, records, computer disks, invoices and other
documents received and/or maintained by Contractor pursuant to this Agreement
are and will remain the property of Owner.
19. Subordination. This Agreement, if applicable, is subject and
subordinate in all respects and inferior to any and all mortgages, security
agreements, assignments of leases, rights of first offer, or UCC financing
statements affecting or encumbering the Project and held by and entity unrelated
to Owner, as well as to any modification, increase, amendment or consolidation
thereto, as the case may be.
20. No Assignment; Further Assurances. This Agreement and all rights
hereunder are not assignable to Contractor or by Owner.
21. Consent and Approvals. Owner's consents or approvals may be given only
in writing or by facsimile of a written consent or approval transmitted by
telecopy or other electronic means, and only by representatives of Owner from
time to time designated in writing by Owner.
22. Amendments. This Agreement cannot be amended or modified except by
written instrument signed by both Owner and Contractor.
23. Complete Agreement. This Agreement supersedes any previous management,
leasing or consulting agreement between the parties relating to the Property.
24. Exculpation. Contractor agrees that Contractor shall look solely to
Owner's interest in the Project for the satisfaction of any claim now existing
or hereafter arising or accruing against Owner, its trustees, beneficiaries,
officers, agents and employees. It is expressly agreed that neither Owner, any
partner of Owner, nor any partner, officer, director, shareholder, trustee,
beneficiary, employee, agent or representative of any of them, shall in any way
be held personally liable hereunder.
EXHIBIT A
The land in the Xxxxxxxxxx Xxxxxxxxxx Xxxx, Xxxxxxxxxx, Xxxxxxxxx
Xxxxxx, Xxxxxxxxxxxxx, situated on the northerly side of New York Avenue, and
bounded and described as follows:
NORTHERLY by land of Paramount Development Associates, Inc., two hundred
forty-seven and 73/100 (247.73) feet;
EASTERLY by land of Electric Product Sales, Inc. one hundred ninety-seven
and 02/100 (197.02) feet;
SOUTHERLY by New York Avenue (a private way) two hundred fifty-five and
13/100 (255.13) feet;
WESTERLY by land of Paramount Development Associates, Inc. one hundred
ninety-seven and 15/100 (197.15) feet.
Containing approximately 49,535 square feet all as more fully shown on Lot
#24 on plan entitled "Plan of Land in Framingham, Mass. Owned by: Paramount
Development Associates, Inc." Scale 1" = 40' dated September 17, 1968. Plan by:
XxxXxxxxx Engineering Service, Inc. Natick, Mass. Recorded with Middlesex South
District Registry of Deeds, Book 11613, Page 494.
