5-7 Barstow Street RFR City of Salem
Rental Housing Preservation Program
Property address
Property owner
name d Y � u4--7
Property owner
mailing address
-
Property owner
email
Property owner
phone number 4)ILI 4 A A A
Number of units
(City Use Only)
Collector Review Land Use Code, L2 7i
Building Inspector Assessed Value 11 -LCp
Year Built J�lb
Signature Date
By signing this you agree to enter the application process to receive $1000 in exchange for
giving the City of Salem a Right of First Refusal on your property when you decide to sell it.
Please return to Lori Stewart,Neighborhood Stability Coordinator, 93 Washington Street, Salem
MA 01970
Zook- 3St
�a�� �50
RIGHT OF FIRST REFUSAL
THIS AGREEMENT made this _`- day of -o`- . , by and between THE
CITY OF SALEM, MASSACHUSETTS, a political su division of the Commonwealth of
Massachusetts(hereinafter the"City"), and Mary Margaret Fanning of 5-7 Barstow Street, Salem,
MA 01970, record owner of 5-7 Barstow Street, Salem, MA 01970 found in Book 35170, Page
150 recorded in the Essex South District Registry of Deeds, Salem, MA 01970 (hereinafter the
"Seller").
WHEREAS, the City of Salem has a vested interest in preserving naturally occurring
affordable housing in the community; and
WHEREAS, the City of Salem desires to work with the Salem Affordable Housing Trust
and other community partners to identify policies, strategies, and methods to preserve the
o affordability of units that may,through private sale,be removed from the City's stock of affordable
housing; and
WHEREAS, to that end, the City has developed a program utilizing funding from the
8 American Rescue Plan Act to purchase Rights of First Refusal from Salem property owners to give
v' the City, the Salem Affordable Housing Trust, or another community partner the right to purchase
16
available multi-unit properties located in the City of Salem; and
c WHEREAS,the City, in order to achieve the goals stated above,is interested in securing, for
valuable consideration, a first right of refusal to purchase property found in Book 35170, Page 150
Mrecorded in the Essex South District Registry of Deeds (hereinafter, the "Property"), as is more
specifically described on Exhibit A [Copy of recorded deed].
NOW, THEREFORE, FOR VALUABLE CONSIDERATION of one-thousand, one
hundred and five dollars and zero cents ($1105.00) the receipt and sufficiency being
acknowledged,it is agreed:
1. Seller hereby grants City a right of first refusal on the Property or any portion of the
Property in accordance with the terms below ("Right of First Refusal").
2. If during twenty-years from the date of this Agreement,Seller receives either a bona
fide written offer by a willing third party to purchase the Property which Seller intends in good faith
to accept,or a purchase agreement which Seller intends to enter into (collectively,"Offer"),Seller
shall give written notice to City at the address provided below accompanied by a copy of such Offer
at least ninety(90) days before the date of contemplated sale.
3. Within ninety(90)business days after receipt of the written notice,the City,directly
or working in conjunction with the Salem Affordable Housing Trust or other community partner,
shall have the right to notify Seller that it is exercising its Right of First Refusal and will purchase
the Property pursuant to a purchase agreement which incorporates the terms and conditions of the
Offer. The City expressly reserves the right to conduct any and all due-diligence regarding the
property, including but not limited to property inspection, environmental review, and financial
review.
RIGHT OF FIRST REFUSAL
City of Salem,Massachusetts
Date:
Page 2
Closing of the sale to the City or other designee described herein shall be made in
accordance with the commercially reasonable closing practices to the extent that such are
customary for the general Salem, Massachusetts area.
4. If the City fails to exercise its Right of First Refusal within the time stated above,
this Right of First Refusal is extinguished and shall have no more force and effect.
5. If the Seller fails to provide Notice to the City prior to the sale of the subject
property and it is conveyed to another party, the Seller shall, within seven (7) days of the sale of
the property, remit the full consideration paid under this agreement back to the City of Salem.
6. Notices. Any notice,request or demand herein provided for or given hereunder, if
given by the parties hereto, shall be effective(a)when delivered in person to the recipient named
below, (b)one day after timely deposit with a responsible overnight courier to the recipient named
below, or (c) five days given if mailed by postage paid, certified mail return receipt requested as
follows:
The City of Salem: Mayor of Salem
Office of the Mayor
93 Washington St.
Salem,MA 01970
City Solicitor, City of Salem
City of Salem Law Department
93 Washington St.
Salem,MA 01970
Seller: [NAME]
[ADDRESS]
Salem, MA 01970
7. Miscellaneous.
(a) Entire Agreement. This Agreement is the entire Agreement among the
parties and, when executed by the parties, supersedes all prior agreements, understandings and
communications, either verbal or in writing,between the parties with respect to the subject matter
contained herein.
(b) Amendments. This Agreement may not be amended, modified or changed
except by written instrument signed by all of the parties.
(c) Binding Effect. This Agreement shall be binding upon, and inure to the
benefit of, the parties and their respective heirs, legal representatives, successors and permitted
assigns.
(d) Captions. All captions and headings are inserted for the convenience of the
RIGHT OF FIRST REFUSAL
City of Salem,Massachusetts
Date:
Page 3
parties and shall not be used in any way to modify, limit or otherwise affect this Agreement.
(e) Counterparts. This Agreement may be executed simultaneously or in one
or more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
(fl Waiver. Any failure by a party to comply with any obligation,agreement or
condition herein may be expressly waived in writing by each of the other parties,but such waiver
or failure to insist upon strict compliance with such obligation, agreement or conditions shall not
operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
(g) Governing Law. This Agreement shall be governed by, and construed in
accordance with, the internal domestic laws of the Commonwealth of Massachusetts, without
reference to choice of law principles.
(i) Severability. If any term, provision or condition of this Agreement is
determined by a court or other judicial or administrative tribunal to be illegal, void or otherwise
ineffective or not in accordance with public policy, the remainder of this Agreement shall not be
affected thereby and shall remain in full force and effect.
0) Interpretation. In the event of a dispute or disagreement arising under this
Agreement, this Agreement shall be interpreted in accordance with its fair meaning and shall not
be interpreted for or against any party on the ground that such parry drafted or caused to be drafted
this Agreement.
(k) Recording Notice. No later than three(3)days following the execution of this
Agreement, a notice of thereof shall be recorded in the South Essex, Massachusetts Registry of
Deeds by the Seller; Seller shall transmit confirmation of the recording of this Agreement to the
City within seven(7) days.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK
RIGHT OF FIRST REFUSAL
City of Salem,Massachusetts
Date:
Page 4
IN WITNESS WHEREOF, this First Right of Refusal has been made the date and year
written below.
The SELLER:
A 0 ux
Pro erty er Date '
Commonwealth of Massachusetts
Coupk of Essex
On this 81 day of August, 2023, before me, Joanne M. Roomey the undersigned notary public, personally
appeared Mary Margaret Fanning, proved to me through satisfactory evidence of identification, which were
Massachusetts Driver's License,to be the person whose name is signed on the preceding or attached document,
and acknowledged to me that they signed it voluntarily for its stated purpose.
Seal: g- j� 23 Notary Public Signa
J e M. Roomey
* JOAM fib.ROOMEV
Nobly PW*CadMnan O&M of MaseadKm is
My Cammi*n Expos August 18,2=
RIGHT OF FIRST REFUSAL
City of Salem,Massachusetts
Date:
Page 5
For the CITY OF SALE :
G OLo a 3
Mayor Date
Approved as to Form:
i
CitgSolicftor' Date
Commonwealth of Massachusetts
County of Essex
L 20Z,3 before me,
On this of� . � . T ,
JL( 4 ()ATE the undersigned notary public, personally
appeared_1)6�1I vtlC vt Q �,proved to me through satisfactory evidence of identification,
which were der' l�UU �( ) ►JOQ 1dU, to be the person whose name is signed on the preceding or
attached document, and acknowledged to me that they signed it voluntarily for its stated purpose.
Seal: Notary Public Si ature: ml
,tr ,IOAbgtE M.ROOMEV
of Massadwalta
My Cann�ton 80"kqd 1&M
1111111IN11111111111 IIIDIII
SOISSEX #47 B05170 Pg:150
J 08/15/2016 08:59 DEED Pg Ill
MASSACHUSrTTS EXCISE TAR
Southern Essex District ROD
Date: 08/15/2016 08:59 AM
ID: 1138393 Doc# 20160BIBBOO470
Fee: $481.08
Cons: $105,114.31
DEED
I, David P. Richard,unmarried,of Salem,Essex County, Massachusetts for consideration
paid of One Hundred Five Thousand One Hundred Fourteen and 31/100 ($105,114.31)Dollars
o grant all my right,title and interest,being an undivided one-third(1/3) interest as tenant in
common, to Mary Margaret Fanning,individually, of 5-7 Barstow Street, Salem,MA 01970,
c with QUITCLAIM COVENANTS
The land in Salem,Essex County, Commonwealth of Massachusetts,with the buildings thereon,
situated on Barstow Street,bounded and described as follows:
w
Cd
EASTERLY: by Barstow Street,forty-seven(47) feet;
SOUTHERLY: by Lots 19 and 20 on plan hereinafter referred to,one hundred fifteen
(115)feet;
c WESTERLY: by Lots 24 and 25 on said plan,forty-seven(47) feet; and
NORTHERLY: by Lot 17 on said plan,one hundred fifteen(115)feet.
Being Lot 18 on plan recorded with Essex South District Registry of Deeds,Plan Book 12,Plan
'A 21.
y
.� Grantor hereby affirms that by execution below he hereby releases all my rights of Homestead in
Q the subject property, as set forth in M.G.L. Chapter 188,and that no other persons are entitled to
the protection of the Homestead Act. I
° Being the same premises conveyed to me by Deed dated September 26,2009 recorded with
a" Essex South District Registry of Deeds in Book 28995,Page 85.
i
WITNESS my hand and seal this ZLday of Awsate ,2016.
avid P. Richard
COMMONWEALTH OF MASSACHUSETTS
Essex,ss.
On this �Z day of Azwk , 2016, before me, the undersigned notary public, i
personally appeared David P. Richi0d,proved to me through satisfactory evidence of identification,
which was k photographic identification with signature issued by a federal or state government
agency, ❑ oath or affirmation of a credible witness, ❑personal knowledge of the undersigned,to be
the person(s) whose name(s) is/are signed on the preceding or attached document, and
acknowledged to me that he/she/they signed it voluntarily for it p ose as his/her/their free
act and deed.
RONAN, SEGAL&HAFIRINOTON
ATTORNEYS AT LAW
iss2imt1i :ATKINS, III
65 CONGRESS STREET atary Public
SALEM,MASSACHUSETTS 01970.3470 COMMONWEALTH OF MAS,-ACHUSETTS
My COMM1991on Expires
February i 5,2o19