225 Lafayette Street RFR 4 City of Salem
Ell'10".
(' �—— Rental Housing Preservation Program
Property address
Property owner
name :ToL AP!
Property owner
mailing address S T kGwmr(� " .AOLtWAO Aq-c S
Property owner rr
email IRZc ��-
Property owner
phone number - 3G • 5
Number of units 3 .
(City Use Only)
Collector Review Land Use Code
Building Inspector 1 i Assessed ValuA
Year Built
Signature Date C>6 - U S- 3 _
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
RIGHT OF FIRST REFUSAL
THIS AGREEMENT made this ) day of Wo'&M�6( , by and between THE
CITY OF SALEM, MASSACHUSETTS, a political subdivision of the Commonwealth of
Massachusetts (hereinafter the "City"), and Stephan K.Tolan and Ellen R. Tolan of 78 East
Orchard Street Marblehead,MA 01945,record owner of 225 Lafayette Street, Salem,MA 01970
found in Book 33229, Page 462 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
caffordability 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
American Rescue Plan Act to purchase Rights of First Refusal from Salem property owners to give
the City, the Salem Affordable Housing Trust, or another community partner the right to purchase
available multi-unit properties located in the City of Salem; and
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 33229, Page 462
recorded in the Essex South District Registry of Deeds, (hereinafter, the "Property"), as is more
specifically described on Exhibit A [Copy of recorded deed].
N
N
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-
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.
(f) 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 party 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 5
For the CITY OF SALEM:
/U0lr a aoa
Mayor Date
Approved as to Form:
N6 v �a
City Solicitor Date
Commonwealth of Massachusetts
County of Essex
On this # Q of 11.eal.A 20_Z3 before me,
the undersigned notary public, personally
appeared .� G�'`/� ,proved to me through satisfactory evidence of identification,
which were ,��iy���� ll�p/JS� , 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 Signature:
3ulio Mota
NOTARY PUBLIC
Commonwealth of
Massachusetts
My Commission Expires
1/12/2029
� IIlIIIIIIIIIII{IUIIIIIIIIIIiI{IIIIIIIIII�I�
2014042210290 Bk:33229 Pg:462
1D LOCUS: 225 Lafayette Street 04/2212014 1+:46 DEED P9 1J1
Salem MA
QUITCLAIM DEED
Edward C. Scialdoni and Deborah J. Troisi f/k/a Deborah J. Scialdoni, Trustees of the Scialdoni
Family Trust u/d/t recorded in the Essex South Registry of Deeds at Book 13008 Page 289 of 10
Lafayette Place, Salem MA 01970 for consideration of Pour Hundred Eighty-six Thousand,and
00/100 Dollars ($486,000.00) paid GRANT to Stephen K. Tolan and Ellen R. Tolan of "212
West Shore Drive,Marblehead Massachusetts 01945, husband and wife,as tenants by the entirety
with quitclaim covenants certain parcels of land, together with the buildings and other
improvements thereon in the City of Salem in Essex County, Massachusetts, known as
225 Lafayette Street, Salem,Massachusetts,more particularly described as follows:
NORTHERLY by Lafayette Place,one hundred and thirty(130)feet;
EASTERLY by land now or late of Mansfield,eighty-three(83)feet;
SOUTHERLY by land now or late of Leech, one hundred thirty(130)feet;and
WESTERLY by Lafayette Street, eighty-five(85)feet,
Being the same premises conveyed to the grantors herein by deed of Floriando Scialdoni
and Mary J. Scialdoni dated July 18, 1994, and recorded in the Essex South District
Registry of Deeds Book 13008 Page 299.
Southern Essex District ROD
Witness the execu 'o hereof under seal this day of April, 2014. 10: jG10409l2Doc# 2 01 4 04220 02900
Fee: $2,216.16 Cons: E466,000.00
ward C cialdoni,Trustee and not individually
4DeorA&ITro�isif �Debo�ra*hJ. cialdoni,Trustee and not individually
THE COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this Ti'Z— day of April, 2014, personally appeared the above named Edward C.
Scialdoni and Deborah J. Troisi, Trustees as aforesaid, personally known to me to be the
person whose name is signed on the preceding of attached document, and acknowledged
the joins7trument to be the his free act and deed aforesaid, before me,
ISERNgA� f0k,�i
Notary Public '
%� NO/rs�O•�jR':
My commission expires: • ' .1c 9 2:f
WAN
X.
Z
Ic
'Fool lMASSAG�J��'�
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:
//12,
Property Owner Date
V.
Commonwealth of Massachusetts
Coun of Essex
On this n a ofA&I66k( 20 23 before me,
Q the undersigned notary public, personally
appeared n T- ,proved to me through satisfactory evidence of identification,
which were dZi Ve4_s �1�� , 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 Signature:
Julio Mots
* NOTARY PUBLIC
Commonwealth of
Ma ssa ch use tts
MY Commission Expires
1/12/2029