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64 1/2 HARBOR STREET - BUILDING INSPECTION 64-z HARBOR STREET ENVIRONMENTAL CONSULTING&MANAGEMENT ROUX ASSOCIATES INC © 67 South Bed(O!E Street,Suite 101W Burlington,Massachusetts 01803 TEL 781-270£600 FAX 781-270-9066 November 20, 2012 Ms. Kimberley Driscoll, Mayor Salem City Hall 93 Washington Street Salem, Massachusetts 01970 Re: Notice of Activity and Use Limitation 64 and 64 %2 Harbor Street Salem, Massachusetts Dear Ms. Driscoll: In accordance with the public notification requirements established by the Massachusetts Contingency Plan (310 CMR 40.0000), specifically 310 CMR 40.1403(7)(a), and on behalf of North Shore Community Development Coalition (North Shore CDC), Roux Associates is providing you with the enclosed copy of a Notice of Activity and Use Limitation (AUL) recently recorded at the Essex County (Southern District) Registry of Deeds for the property at 64 and 64 %2 Harbor Street in Salem. The AUL describes the limitations which henceforth apply to activities and/or uses of the 64 and 64 1/2 Harbor Street property. Sincerely, ROUX ASSOCIATES, INC. Karl D. Seibert Project Geologist Enclosure: cc: Ms. Rebecca Curran, Chair, Salem Zoning Board of Appeals Mr. Larry Ramdin, Health Agent, City of Salem Mr:Thomas J. St. Pierre,Inspectional Services Director, City of Salem Mr. Peter Rogers,North Shore Community Development Coalition MassDEP,Northeast Regional Office NHS2162.0001 M000.108/L-1 201211111151010151615111BkI 1192112llllgl:547 Form 1075 11115/2012 03:44 NOTC AUL P9 1/19 NOTICE OF ACTIVITY AND USE LIMITATION M.G.L. c. 21E, § 6 and 310 CMR 40.0000 Disposal Site Name: 64 %2 Harbor Street DEP Release Tracking No.(s): 3-30458, 3-30836 t� This Notice of Activity and Use Limitation ("Notice") is made as of this day of November, 2012, by Salem Point Limited Partnership, 102 Lafayette Street, Salem, Massachusetts, together with his/her/its/their successors and assigns (collectively "Owner"). WITNESSETH: WHEREAS, Salem Point Limited Partnership, is the owner in fee simple of that certain parcel of land located in Salem, Essex County, Massachusetts with the buildings and improvements thereon, pursuant to a deed recorded with the Southern Essex District Registry of Deeds in Book 11080,Page 456; WHEREAS, said parcel of land, which is more particularly bounded and described in Exhibit A, attached hereto and made a part hereof ("Property") is subject to this Notice of Activity and Use Limitation. The Property is shown on a plan recorded in the Southern Essex District Registry of Deeds in Plan Book 31878, Plan 140; WHEREAS, the Property comprises all of a disposal site as the result of a release of oil and/or hazardous material. Exhibit B is a sketch plan showing the relationship of the Property subject to this Notice of Activity and Use Limitation to the boundaries of said disposal site existing within the limits of the Property and to the extent such boundaries have been established. Exhibit B is attached hereto and made a part hereof; and WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with M.G.L. c. 21E ("Chapter 21 E") and the Massachusetts Contingency Plan, 310 CMR 40.0000 ("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in, on, through, over or under the Property. The basis for such restrictions is set forth in an Activity and Use Limitation Opinion ("AUL Opinion"), dated 11/1 20 which is attached hereto as Exhibit C and made a part hereof); NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL Opinion are as follows: 1. Activities and Uses Consistent with the AUL Opinion. The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare or the environment exists for any foreseeable period of time (pursuant to 310 CMR 40.0000) so long as any of the following activities and uses occur on the Property: ROUX ASSOCIATES, INC. NH52162.0001 M000.10&PUL 1 (i) Activities and uses consistent with the current multi-family residential use of the Property, where gardening, excavation, and other activities that may penetrate or damage the geotextile barrier are prohibited; (ii) Excavation associated with emergency utility repair within the driveway area, from Harbor Street to the 64 '/2 Harbor Street building, that is limited in duration (less than 6 months), all excavated material is disposed of off-site, and the geotextile barrier is restored to pre-existing conditions ; (iii) Subsurface activities and/or construction at the Property including, but not limited to, excavation which may disturb lead impacted soils and/or the geotextile fabric barrier provided that such activities are conducted (a) in accordance with a Soil Management Plan prepared by a Massachusetts Licensed Site Professional (LSP) describing soil excavation, handling, storage, on-site reuse, transport and disposal procedures, (b) under the purview of a LSP, and (c) the geotextile barrier is restored to pre-existing conditions; (iv) Such other activities or uses which, in the Opinion of an LSP, shall present no greater risk of harm to health, safety, public welfare or the environment than the activities and uses set forth in this Paragraph; and (v) Such other activities and uses not identified in Paragraph 2 as being Activities and Uses Inconsistent with the AUL. 2. Activities and Uses Inconsistent with the AUL Opinion. Activities and uses which are inconsistent with the objectives of this Notice of Activity and Use Limitation, and which, if implemented at the Property, may result in a significant risk of harm to health, safety, public welfare or the environment or in a substantial hazard, are as follows: (i) Use of the Property for agricultural activities, including where the soil is used for growing fruits or vegetables for human consumption; and (ii) Excavation into or relocation of the soils underlying the geotextile fabric barrier or other intrusive activities, except for emergency utility repair described in Paragraph l(ii), which could result in damaging or puncturing the geotextile fabric barrier (e.g. installing fence posts) or exposure to lead-contaminated soil at the Property, without being conducted (a) in accordance with a Soil Management Plan prepared by a LSP describing soil excavation, handling, storage, on-site reuse, transport and disposal procedures and/or (b) without the oversight of a LSP and the rendering of an LSP Opinion which attests that a condition of No Significant Risk will be maintained, consistent with the provisions of the MCP. 3. Obligations and Conditions Set Forth in the AUL Opinion. If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the following: ROUX ASSOCIATES, INC. NHS2162.0001 M060.1 WAUL 2 (i) The geotextile fabric barrier installed at the Property must be maintained in its current location and condition to deter access to OHM located beneath the geotextile fabric barrier; (ii) A Soil Management Plan must be prepared by an LSP prior to the commencement of any planned activity, including but not limited to excavation associated with underground utilities and/or construction activities, which could result in the displacement of residual contaminated soil at the Property. The Soil Management Plan must describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 and 310 CMR 40.0040 et seq. Workers who may handle or otherwise manage the contaminated soil must be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the course of the activity; (iii) A Health and Safety Plan (HASP) must be prepared and implemented prior to the commencement of any planned activity, including but not limited to excavation associated with underground utilities and/or construction activities, which could result in exposure to residual contaminated soil at the Property. The HASP must be prepared by a Certified Safety Professional, Certified Industrial Hygienist, or other qualified individual appropriately trained in worker health and safety procedures and requirements. The HASP must specify the type of personal protective equipment, engineering controls, and/or environmental monitoring necessary to prevent worker and other potential receptor exposures to contaminated soil through ingestion, dermal contact, and inhalation. Workers who may come in contact with contaminated soil must be appropriately trained on the requirements of the HASP, and the HASP must remain available on-site throughout the course of the activity; and (iv) Annual inspections of the Property must be conducted to insure that the geotextile fabric barrier has not been exposed or damaged due to erosion, construction or any other activity, that no gardens have been planted on the Property, and that no unauthorized construction activities have been conducted that have compromised the geotextile fabric barrier. The annual inspection shall be conducted during the summer to insure that any evidence of construction or gardening will be visible. The Owner shall maintain records of the annual inspection in a secure location. 4. Proposed Changes in Activities and Uses. Any proposed changes in activities and uses at the Property which may result in higher levels of exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall render an Opinion, in accordance with 310 CMR 40.1080 et seq., as to whether the proposed changes will present a significant risk of harm to health, safety, public welfare or the environment. Any and all requirements set forth in the Opinion to meet the objective of this Notice shall be satisfied before any such activity or use is commenced. 5. Violation of a Response Action Outcome. The activities, uses and/or exposures ROUX ASSOCIATES, INC. NH52162.0001M OM081AUL 3 upon which this Notice is based shall not change at any time to cause a significant risk of harm to health, safety, public welfare, or the environment or to create substantial hazards due to exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with 310 CMR 40.1080 et seq., and without additional response actions, if necessary, to achieve or maintain a condition of No Significant Risk or to eliminate substantial hazards. If the activities, uses, and/or exposures upon which this Notice is based change without the prior evaluation and additional response actions determined to be necessary by an LSP in accordance with 310 CMR 40.1080 et seq., the owner or operator of the Property subject to this Notice at the time that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310 CMR 40.0020. 6. Incorporation Into Deeds, Mortgages, Leases, and Instruments of Transfer. This Notice shall be incorporated either in full or by reference into all future deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an interest in and/or a right to use the Property or a portion thereof is conveyed. Owner hereby authorizes and consents to the filing and recordation and/or registration of this Notice, said Notice to become effective when executed under seal by the undersigned LSP, and recorded and/or registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s). ROUX ASSOCIATES, INC. NHS2162.0001 MOM 081AUL 4 WITNESS the execution hereof under seal this day of 0V , 20_la_. Salem Point Limited Partnership (Documentation of Signatory Authority is attached hereto as Exhibit D) COMMONWEALTH OF MASSACHUSETTS ESSCX ss )III201x, On this � day of �dYf ! , 20)a„before me, the undersigned notary public, personally appeared 1111 C.1 g1 f Nb4T}►cU7T (name of document signer), proved to me through satisfactory evidence of identification, which were Riaz LIGENsj , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (as partner for S46% P, ,A}ue a partnership) (as for a corporation) (as attorney in fact for , the principal) (as -for (a) (the) ) G (official signature and seal of notary) e undersigned LSP hereby certifies that he executed the aforesaid Activity and Use Limitation Opinion attached hereto as Exhibit C and made a part hereof and that in his Opinion this Notice of Activity and Use Limitation is consistent with the terms set forth in said Activity and Use Limitation Opinion. Date: n n iCL Glen P. 'Gordon LSP SEAL ANA DeSOUZA-LOPEZ Yi Nr)l'AHV PUBLIC �• ZNdFtq pAMONWFAI i H OF MASSACHUSEnf My Damm Wires Mar.3,201'1 f GLEN P m GORDON r� Na 1553 SITE PINS ROUX ASSOCIATES, INC. NHS2182.0001M000.1081AUL 5 COMMONWEALTH OF MASSACHUSETTS ss j� Imo20A On this 1 day of Naltmbc-r' , 20Ly_, before me, the undersigned notary public, personally appeared tajPn Q. &ordvrN proved to me through satisfactory evidence of identification, which were Nye S I'XR-c , to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. (official signature and seal of notary) N ILEI lZD •. Upon recording, return to: Salem Point Limited Partnership 102 Lafayette Street Salem, Massachusetts o •�•'fEPJRFjRn,�� ROUX ASSOCIATES, INC. NHS2162.0001 M000.108/AUL 6 Exhibit A Description of the Property Subiect to the Notice of Activity and Use Limitation A certain parcel of land situated in Salem, Essex County, Massachusetts, shown on a plan of land titled "Plan of Land in Salem Prepared for Salem Harbor Community Development Corporation" dated November 23, 1990 and updated March 8, 1993 by North Shore Survey Corporation and recorded with the Southern Essex District Registry of Deeds in Plan Book 31878, Plan 140, and being more particularly bounded and described as follows: Beginning at a point 53.83 feet northwest of a stone bound at the corner of Harbor and Congress Streets, thence turning and running South 15°56'28" West by land of Shetland Trust a distance of 126.32 feet, thence turning and running North 75°5945" West by land of Shetland Trust and by land of Salem Harbor Development Corporation a distance of 38.60 feet, thence turning and running North 16°13'07" East by land of Salem Harbor Development Corporation and by land of Konstanty K. & Lydia Szaban a distance of 127.96 feet to Harbor Street, thence turning and running South 73°33'30"East by said Harbor Street a distance of 37.96 feet,to the point of beginning. Said property contains 4,865 more or less square feet, according to said plan. ROUX ASSOCIATES INC. NHs2162.0001 M000.l ab/Ex.A &. y �nf j yl fyd e uKy1..� ill �r� I #641/2 awl Mrz , kl 41 e� f REV ay ILLI =t ZfI 1- Z ,nM. aro k qi i... U Title: Feet SKETCH PLAN SHOWING BOUNDARIES OF AREA 0 5 10 20 30 SUBJECT TO ACTIVITY AND USE LIMITATION 0 1 inch = 20 feet Q Parcel Boundaries 64 1/2 HARBOR STREET, SALEM MA � Freporetl Fer: 0 1:3 Boundary for Disposal Site for Release Tracking Number 3-30458 NORTH SHORE CDC z ®Area Subject to Activityand Use Limitation ® Ccm Filetl EY:MH Cale: 10/70/12 E.nieit L-- u' Building F..Feree Ey: MH Scole: 1:240 O G ROIX ASSOCIATES, INC. Fre ecl M KS Office: MA O L";n rre+Ia' mTv� i 9r'' el 'fr'Tc3"'re°I File Kc.: N/A Frc'ec1:2162.0001 Exhibit C Activity and Use Limitation Opinion hi accordance with the requirements of 310 CMR 40.1074, this Activity and Use Limitation Opinion (Opinion) has been prepared to support a Notice of Activity and Use Limitation for the property located at 64 and 64 %2 Harbor Street in Salem, Massachusetts (the Property). The Property is a 4,865 square foot parcel, containing a multi-unit low- income housing facility comprised of two buildings. One building (64 Harbor Street) is located in the northern portion of the Property, immediately adjacent to Harbor Street. A second building (64 %2 Harbor Street), is also located in the southern portion of the Property, behind the first building. The Property includes an approximately 500 square foot (sf) unpaved backyard and an approximately 1,300 sf paved driveway between the 64 '/2 Harbor Street building and Harbor Street(Exhibit B). The Property is owned by Salem Point Limited Partnership. North Shore Community Development Coalition (North Shore CDC) is a limited partner and majority owner of Salem Point Limited Partnership, and has assumed responsibility for response actions associated with lead contaminated soil at the Property. Site History Lead was detected in soil samples collected at the Property during response actions associated with a release of heating oil that occurred in November 2010 (Release Tracking Number (RTN) 3-29881). Detected lead concentrations as high as 2,600 milligrams per kilogram (mg/kg) exceeded the MCP reportable concentration (RCS-1) of 300 mg/kg. As a result, MassDEP issued RTN 3-30458 to North Shore CDC for lead contamination present in soil. Soil samples collected from both the driveway area and the backyard area indicate that lead-impacted soil at the Property is limited to fill material. Fill material, identified at the Property by the presence of coal and charred wood in soil samples, extends vertically to a depth of approximately 10 feet below ground surface (bgs) in the driveway area and approximately 5 feet bgs in the backyard area of the Site. Fill material extends horizontally beyond the property boundary. Lead concentrations detected in native soil samples collected beneath the fill material were all below published background concentrations for lead in natural soi1.2 There is no known on-site source of lead contamination. The Site is located in an area of Salem that was extensively filled during the first half of the 20th century3. The area is also within the area burned in the Great Salem Fire of 1914°. Lead contamination at the Property is believed to be attributable to historic fill and/or burial of debris following the, Great Salem Fire of 1914. Released oil was recovered and oil-contaminated soil was excavated and disposed off-site,as documented in a Class A-2 Response Action Outcome(RAO)submitted to the MassDEP for RTN 3-29881. 2 MassDEP has identified the background level for lead of 100 mg/kg for "natural' soil (Table 1 of MassDEP, 2002. Technical Update: Background Levels of Polycyclic Aromatic Hydrocarbons and Metals in Soil.Office of Research and Standards.May 2002.) 3 See USGS Topographic maps,Salem quadrangle for 1893 and 1944. °"The Great Salem Fire of 1914",by Barbara Kampos,The History Press,2008. ROUX ASSOCIATES INC. 1 NHa2162.OD01 M000.108.Ez.0 Soil samples collected at the Property indicated that lead was present in surficial soil in the unpaved backyard area at concentrations up to 2,000 mg/kg. An Imminent Hazard Evaluation (IHE) concluded that, prior to remediation, an Imminent Hazard condition existed at the Sites due to the lead concentrations in accessible surface soil. As a result, North Shore CDC initiated an Immediate Response Action (IRA) to prevent exposure to lead-impacted soil at the Site. North Shore CDC installed a six-foot high chain-link fence around the backyard area of the Site, posted warning signs, and covered the exposed soil with plastic sheeting on May 23, 2012, in accordance with a IRA Plan verbally approved by MassDEP. An IRA Completion report was submitted to MassDEP on June 25, 2012. In September 2012, North Shore CDC conducted response actions to reduce the risk associated with lead contaminated soil at the Property, including excavation and removal of surficial soil to a minimum depth of one foot below ground surface (bgs) and installation of a geotextile fabric barrier to prevent access to lead-impacted soil remaining at the Property. The geotextile fabric barrier was covered with a minimum of approximately one foot of clean backfill. The driveway area was then repaved, while the backyard area was enclosed within a fence. Reason for Activity and Use Limitation A Method 3 Risk Characterization performed for RTN 3-30458 to evaluate the risk of harm to health, safety, public welfare, and the environment posed by residual lead contamination at the Property demonstrated that a condition of No Significant Risk' exists for all current uses and activities, as well as for those foreseeable future uses and activities considered in the Method 3 Risk Characterization. However, since certain potential future activities were not evaluated in the Method 3 Risk Characterization (e.g., gardening, excavation and/or soil relocation from beneath the geotextile fabric barrier), an AUL is required to prohibit such future activities at the Property and thus maintain a condition of No Significant Risk at the Property. Permitted Uses and Activities (i) Activities and uses consistent with the current multi-family residential use of the Property, where gardening, excavation, and other activities that may penetrate or damage the geotextile barrier are prohibited; 6 NSCDC notified MassDEP of the Imminent Hazard condition on May 22, 2012. MassDEP subsequently issued RTN 3-30836 for the Imminent Hazard condition. 6 The Massachusetts Contingency Plan("the MCP",310 CMR 40.0000)allows a risk characterization for a disposal site to be performed by one of three methods: Method 1, which involves comparison of soil and groundwater contaminant levels measured at a site to existing numerical standards; Method 2, which involves comparison of soil and groundwater contaminant levels measured at a site to more site- specific numerical standards derived for a particular site; and Method 3, which involves the quantification of total site risk considering actual and inferred on-site receptors, assumed exposure scenarios,and contaminant levels measured at the site. r A condition of No Significant Risk is defined in the MCP as "a level of control of each identified substance of concern at a site or in the surrounding environment such that no such substance of concern shall present a significant risk of harm to health, safety, public welfare, or the environment during any foreseeable period of time." ROUX ASSOCIATES INC. 2 NHS2162.0001 M000.106.Ex.0 (ii) Excavation associated with emergency utility repair within the driveway area, from Harbor Street to the 64 ''/2 Harbor Street building, that is limited in duration (less than 6 months), all excavated material is disposed of off- site, and the geotextile barrier is restored to pre-existing conditions; (iii) Subsurface activities and/or construction at the Property including, but not limited to, excavation which may disturb lead impacted soils and/or the geotextile fabric barrier provided that such activities are conducted (a) in accordance with a Soil Management Plan prepared by a Massachusetts Licensed Site Professional (LSP) describing soil excavation, handling, storage, on-site reuse, transport and disposal procedures, (b) under the purview of a LSP, and (c) the geotextile barrier is restored to pre-existing conditions; (iv) Such other activities or uses which are not identified in this Opinion as being restricted and which, in the Opinion of a Licensed Site Professional (LSP)8, shall present no greater risk of harm to health, safety, public welfare or the environment than the permitted activities and uses set forth above. Restricted Uses and Activities (i) Use of the Property for agricultural activities, including where the soil is used for growing fruits or vegetables for human consumption; and (ii) Excavation into or relocation of soil underlying the geotextile fabric barrier, or other intrusive activity, except for emergency utility repair described in Permitted Uses and Activities (ii), which could result in damaging or puncturing the geotextile fabric barrier (e.g. installing fence posts) or exposure to lead-contaminated soil at the Property, without prior development and implementation of a Soil Management Plan and a Health and Safety Plan in accordance with Obligations/Conditions (ii) and (iii), below. Obligations and Conditions (i) The geotextile fabric barrier installed at the Property must be maintained in its current location and condition to deter access to OHM located beneath the geotextile fabric barrier; (ii) A Soil Management Plan must be prepared by an LSP prior to the commencement of excavation and/or relocation of soil from beneath the geotextile fabric barrier, except for excavation associated with emergency utility repair described in Permitted Uses and Activities (ii), which could result in the displacement of lead contaminated soil at the Property. The Soil Management Plan must describe appropriate soil management, characterization, storage, transport and disposal procedures in accordance with the provisions of the MCP cited at 310 CMR 40.0030 and 310 CMR s i.e., an individual licensed by the Commonwealth of Massachusetts to render"waste site cleanup activity opinions"pursuant to M.G.L. c 21A,§19 9 These are uses and activities which, if implemented at the Property in the future, may result in a significant risk of harm to health,safety,public welfare,or the environment. ROUX ASSOCIATES INC. 3 NN52162.0001M000ADS.Ex.e 40.0040 et seq. Workers who may handle or otherwise manage contaminated soil must be appropriately trained on the requirements of the Soil Management Plan, and the Soil Management Plan must remain available on-site throughout the course of the activity. (iii) A Health and Safety Plan (HASP) must be prepared and implemented prior to the commencement of excavation and/or relocation of soil from beneath the geotextile fabric barrier, except for excavation associated with emergency utility repair described in Permitted Uses and Activities (ii), which could result in the exposure to lead contaminated soil at the Property. The HASP must be prepared by a Certified Safety Professional, Certified Industrial Hygienist, or other qualified individual appropriately trained in worker health and safety procedures and requirements. The HASP must specify the type of personal protective equipment, engineering controls, and/or environmental monitoring necessary to prevent worker and other potential receptor exposures to contaminated soil through ingestion, dermal contact, and inhalation. Workers who may come in contact with contaminated soil must be appropriately trained on the requirements of the HASP, and the HASP must remain available on-site throughout the course of the activity. (iv) Annual inspections and associated record-keeping activities must be performed to .confirm that the geotextile fabric barrier has not been uncovered, and that no unauthorized activities (e.g. gardening or installing fence posts) have been conducted that could result in exposure to lead- contaminated soil at the Property. LSP: Glen P. Gordon, LSP 41553 Date: ( ( fiq 4?_G 1 ROUX ASSOCIATES INC. 4 Exhibit D Documentation of Signatory Authority As shown on the documents included herein, Mickey Northcutt has signatory authority on behalf of Salem Point Limited Partnership as the president of Salem Point Housing Corporation, the general partner of Salem Point Limited Partnership. The documents include: 1. Salem Point Housing Corporation Resolutions of the Board of Directors; and 2. Salem Point Housing Corporation Secretary's Certificate. ROUX ASSOCIATES INC. 1 NHS2162.0001 M000ADO Ez.D SALEM POINT HOUSING CORPORATION(the"Corporation°) RESOLUTIONS OF THE BOARD OF DIRECTORS March 27,2012 VOTED: That the President, Vice-President, Treasurer, or Secretary of the Corporation, acting singly or together (the "Officers"), shall be and hereby are authorized and empowered on behalf of this Corporation, as managing general.partner of Salem Point Limited Partnership, a Massachusetts limited partnership (the "Partnership 1: 1. To rehabilitate and/or build new structures on the real property known as 57-59, 64-64 1/2 Harbor Street, 17-19, 23-25, 41, 52 Ward Street, 20, and 38, 46, 47, and 49 Peabody Street, all in Salem, Essex County, Massachusetts (collectively, the "Property) to provide 77 units of affordable housing for low and moderate income family households and related facilities and infrastructure(the"ProiecY'); 2. To accept, on behalf of the Partnership, such grants and financing accommodations from such entities as the officers of the Corporation may deem necessary or advisable in connection with the Project on such terms and conditions as the Officers of the Corporation shall deem appropriate and to grant mortgages and security interests in the Property in connection therewith; 3. To enter into, on behalf of the Partnership, certain financing arrangements with various _public and private lenders (together "Lenders") . for construction and permanent loans, secured by the Property,if requested by such Lender; 4. To grant or enter into any instrument required or requested by the Lenders in connection therewith, including without limitation: (a) Loan Agreements; (b) Promissory Notes; (c) Mortgage, Security Agreements and Assignments of Leases and Rents; (d) Lender Advisor Agreements; (e) Subordination Agreements; (f) Affordable Housing Restrictions; and (g) any additional documents required by the Lenders with the closing Resolutions of the Board of Directors ofSatem Point Housing Corporation. Page I of 3 of predevelopment financing, construction loan or any subsequent permanent loan financing. 5. To enter into, on behalf of the Partnership, additional subordinate notes and mortgages for such additional amounts .as the Officers of the Corporation may deem necessary or desirable for the Project; 6. To enter into, on behalf of the Partnership, into negotiations and agreements with architects, contractors, and other consultants and professionals in connection with the Project; 7. To authorize the admission of investor limited partners into the Partnership (the "Investors'), in furtherance of the Project, and to enter into, execute and deliver, on behalf of the Partnership such documents as are necessary and proper to effectuate such admission or admissions, including but not limited to interim notes and loan agreements, to be - -followed-by-an Amended and Restated Agreement-of Limited-Partnership, and to deliver such other instruments as shall be deemed necessary and appropriate to satisfy the conditions of the Investors in connection with the financing of the Project. 8. To enter into, execute and deliver any related document, instrument, certificate, agreement or transaction deemed by said Officers to be necessary or proper to consummate the foregoing transactions, on such terms and with such conditions as the officers may deem to be necessary, convenient or proper; 9. From time to time to modify, supplement or amend any of such instruments,documents, certificates and agreements and to do and perform all .other acts and things deemed by such Officers, or any of them, to be necessary, convenient or proper to carry out any of the foregoing and such Officers' (acting singly or together)execution or performance thereof shall be conclusive as to approval and authority and binding upon this Corporation and the Partnership; 10. To ratify and confirm all actions taken by any and all of the Officers of the Corporation in connection with any of the foregoing and development of the Project;and 11. To execute, deliver and enter into any related document, instrument, certificate, agreement or transaction deemed by said Officers, or any of them, to be necessary and proper to consummate on behalf of the Partnership any and all agreements necessary for the operation and Resolutions of the Board of Directors ofSalem Point Housing Corporation. Page 2 of maintenance of the Property on such terns and conditions as the Officers, or any of them, may deem to be necessary, convenient or proper in connection with the Project. VOTED: That the Officers, acting singly or together, be and hereby are authorized and directed to certify as to the authenticity of true and accurate copies of the charter documents of the Corporation and the Partnership, the identity and/or true signatures of the Officers of the Corporation, that the foregoing votes and resolutions are in conformity with the charter documents for the Corporation and they have not been amended,altered or revoked and remain in full force and effect on the date in question. Resolutions of the Board ofDirectors of Salem Point Housing Corporation. Page 3 of SALEM POINT HOUSING CORPORATION SECRETARY'S CERTIFICATE As of November.,,2012 I,Linda Anderson-Mercier,does hereby certify as to the following. 1. That I am the Secretary of Salem Point Housing Corporation(the"Corporation'),which is also a managing member of Holcroft Park Homes LLC,a Massachusetts limited liability company,and that the resolutions attached hereto as Exhibit A were adopted by unanimous written consent by the Corporation on March 27, 2012, a copy of which is included with the records of the Corporation and the Borrower,and continue to be in full force an effect as of the date hereof. 2. That the following officers of the Corporation are authorized to sign agreements, notes, mortgages, and other documents or instruments, on behalf of the Corporation, for itself and as sole manager of the Borrower,in order to effect the transactions described in such resolutions: Title Print Name President Mickey Northcutt Vice-President Leonette Strout Treasurer Judith Zolla Secretary Linda Anderson-Mercier 3` That the votes attached as Exhibit A hereto remain in full force and effect and have not been modified or amended in any way as of the date hereof. 4. That attached hereto as Exhibit B is a true, correct and complete copy of the Articles of Organization of the Corporation and all amendments thereto, as filed with the Massachusetts Secretary of the Commonwealth (the "Secretary), which have not been further amended or modified and remain in full force and effect as of the date hereof, 5, That attached hereto as Exhibit C is a true, accurate and complete copy of the By-Laws of the Corporation,which have not been amended or modified and remain in full force and effect as of the date hereof. -1- IN WITNESS WHEREOF,I have duly executed this Secretary's Certificate as of the date above fust written. BY! OfiaA&d �rAtlPlllJ Name:Linda Anderson-Mercier Title: Secretary Essex, ss On this * day of November, 2012, before me, the undersigned notary public, personally appeared Linda Anderson-Mercier,Secretary of Salem Point Housing Corporation,proved to me through satisfactory evidence of identification, which was T)Z\rf9,S U CeNS to be the person whose name is signed on the preceding or attached documents and acknowledged to me that she signed it voluntarily for its stated purpose. JAOQM0,taG*RD W6tary 1?ublic NWARYPUBW My commission expires: ONNNaNWATHofMAISAM tMM ►N o�.c,rvirpa.>3eto 4 -2_ COMMONWEALTH OF MASSACHUSES ESSEX REGISTRY OF QtEOS,SO.DIST,SALEM,MASS ESSEX SS fit- rs 20 r -'— ,t TRITE COPY'sc!;ECORO; BOU�t _ p2�FkGE_�" ATTEST: wj REGISTER ' r r COMIC y � CERTIFICATE ISSUED r, DATE _i In 9 2 q CITY OF SALEM 3 SALEM. MASSACHUSETTS 01970 BUILDING PERMIT - a4i CERTIFICATE OF OCCUPANCY DATE Dec. 26+ 19 91 PERMIT l+o. 560-91 APPLICANT Bruoe Palsshook ADDRESS • 115�.7T e., Newtr3n+� N0.1 ISTR([ll ICD.IF'S UC[xSEI I NUMBER OF PERMIT TO RIIVCNAL37tto1VS 1_1 STORY 4R[I+LMJIARO DWELLING UNITS Il•R OC IMVPDv[ME xEI x0. � IVPOvpSCD V![1 AT ILOCATIONI 64.Harbor St. Ward 1 Z NINGcT — 3 !� tMOJ 15TR(ETI BETWEEN AND I[ROSS SINCE" (CROSS SIIII LOT SUSDIV4510N LOT BLOCK SIZE BUILDING IS '09f ET. WIDE P• VT, LONG BY FT, IN HEIGHT AND SHALL CONFORM IN CONSTPUCT$ON ' TO TYPE USE GROUP BASEMENT WALLS OR FOUNGAT.ON DLgvY:rt�r Tnv+ n� �f�ei�v+e� [1ft�T' L� PLANS li•P(I AEMAPKS: R&%VVAIL•' t1Vl'li?l', BUILDING OF •aSIUE UNITS AS Pu\ PLANSf CALL FM PERMIT TO OOCM 745-9595 AREA OR vOWME 1"1'Ss 181 SOcnaE EE[i1 Salah Limited Partnershfu EIs�llbf1p.11a1714C1ISF�IVTNblrlvlYloPry blTlO lim OWNER TO BE POSTED ON PREMISES 50 Leavitt st. Salm MA SEE REVERSE SIDE FOR CONDITIONS OF CENT15KIiE ADDRESS DAVID J. HARRIS ASSISTANT BUILDING INSPECTOR w p�Rrsaq�3,�E�vka�' y'wrf^mRt�rw�iDfi"r� , COMII(A" CERT IF ICA I 11V/`J`TS/7Ly.�,�1,3 DATE F' CITY OF SALEM SALEM, MASSACHUSETTS 01970 BUILDING PERMIT - �4G CERTIFICATE OF OCCUPANCY DATE Dec. 26 19 91 PERMIT NO 559-91 APPLICANT Bruce Polishook ADDRESS ! 11S Ave., Nwton'mA rv�n gal Mrfl�l1Y+ ISTP[[TI ItCiON\R'S UC[N][I NUMBER OF ilit II, PERMIT i0 �I�' 5 t,.,_i STORY U[fL'sLLLI+iN DWELLING UNITS i 1\.P( Pr IMRROV(M[N}1 N0. (PROPOSED 4][) AT (LOCATION) 64I Harbor ST Wald 1 ZONINGcT R-3 IND.! (ETRE ETI BETWEEN AND ICPOSS 3\Rf(Tf {fRD53 STREET) OT SUBDIVISION LOT BLOCK SITE BUILDING IS TD BE FT, WIDE P+ FT. LONG BY FT, 1N 4EIGMi AND SnALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION nrvu Ra\0VWik, ilUIRfs BUIIZIl'iG Or [iziRa UNITS AS PER PLANS" REMARKS: CAL PC7it Yt1tiga 'iu oo--UPI 745-9595 'fl !OWN 11 >1 AREA OR VOLUME 4:R�G SOaVR[ r[Cu tT�i veil a.+\a.w aw,a+n\v R+l s.m vee(bell veyl ve+\veil aY+\aeT\afYl oe(\o I)w NER Sa1P1Tl PartnershipccL��S7HCL7'TeCX TO BE POSTED ON PREMISES ADDRESS 50 Leavitt St., Salevi.YiA SEE REVERSE SIDE FOR CONDITIONS OF CEPTIF&OJE. DAVID J. HARRIS ASSISTANT BUILDING INSPEC'T'OR P-607 167 316 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sem to Fred Small to Street and No. 0 P.0 Box 157 P.oTops>ITIM" 01983 jPostage S Certified Fee i.00 Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt showing to whom. Date.and Address of Delivery d TOTAL Postage and Fees 5 2.00 Postmark or Date E o LL N 6 STICK POSTAGE STAMPS TO ARTICLE TO COVE'u FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIGNRL SERVICES.(Lee koro) 1. If you want this receipt postmarked.stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office servlce window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mall the article. 3. If you want a return receipt,write the certified mall number and your name and address an a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter tees for the services requested In the appropriate spaces on the front of this receipt.If return receipt Is requested,check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make Inquiry. 4�yCON ORCtv of '*aIrm, 4cassar4usetts 3 Public Prupertg Peparttneut A Q uilbinq flepartntent Q1nr Salrni (hircrn 7.13-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. May 6, 1988 Mr. Fred Small P.0 Box 157 Topsfield, MA. 01983 RE: Exterior doors and locks Dear Mr. Small, This department has received complaints from the Salem Board of Health on the following properties, 57-59 Harbor Street , 64-64'2 Harbor Street , number 18, 20, 22, 38, & 46 Peabody Street, 32 Perkins Street, 17-19, 23-25, 37, 41 , 45, 47 and 52 Ward Street also 38 Salem Street , regarding exterior locks and doors. I have enclosed a copy of the ordinance for your review. Would you please make the above properties comply within thirty (30) days from receipt of this letter. ` If you are agrieved by this order you may appeal to the State Building Code Appeals Board. Sincerely, enc: (2) Maurice M. Martineau Assistant Building Inspector MMM/eaf C.C. Board of Health City Solicitor I 0UIL01NG DEPT r � �•,o �r 0 Avv I� 77 5s AQP tog CITY OF SALEM HEALTH DEPARTMENT RCF{y{ O BOARD OF HEALTH CITY OF SdLEH,MASS, Salem, Massachusetts 01970 ROKLRT t. eLLNKNORN 9 NORTH STREET HEALTH AGENT (508)0110 741.1800 August 10, 1989 Bank of New England c o Dolben, Inc. Exchange Place, 30th fl. Boston, MA. 02109 ATTN: Anthony Biette Dear Sir/Madam: In accordance with Chapter 111. Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.00: State .Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was made of your property at 64 Harbor Street #2 F1.2 Salem,Massachusetts, occupied by Regina Santa This inspection was conducted byy ousta is Salem Health Department, on August 7, 689 @ 2: 15 p.m. BASED UPON SAID INSPECTION YOU ARE HEREBY ORDERED TO TAKE THE FOLLOWING ACTION WITHIN THE SPECIFIED HOURS/DAYS OF RECEIPT OF THIS ORDER: KITCHEN 5 DAYS Linoleum is lifting, wornspots, must be repaired. 30 DAYS Ceiling is peeling and discolored, must be repainted. BATHROOM 5 DAYS Ceiling light is missing protective cover, must provide. 24 HOURS Cold water faucet leaks, does not shut off, must repair. 5 DAYS Some tiles are broken, must be replaced. 5 DAYS Linoleum under sink broken and in disrepair, must replace. 15 DAYS Mildew on walls and ceilings that must be treated and repainted. MIDDLE BEDROOM 5 DAYS No cover for light, must provide. 3 DAYS Closet has large holes, exposed lathes, must be patched and sealed. 5 DAYS Wall outlet ,;.knot working, must be repaired. 5 DAYS Hole in wall,--near mirror, must patch and seal. 24 HOURS Battery in smoke detector beeping, must repair to .be operable at all times. continued. SALEM HEALTH DEPARTMENT PaKe 2 of 3 _ Y, 9 North Street Tenant(s) R. Santa Salem, MA 01970 Property in Salem at 64 Harbor St. 112 To: Bank of New England C/o Volben, Inc. ._ Exchange Place, 30th Floor Boston, MA. 02109 VIOLATIONS.,. (contiriund) {' FRONT BEDROOM 30 DAYS Flaking ceiling, must scrape, patch and repaint. If lead" content in paint contact certified de-leader. 24 HOURS Detector is missing battery, must replace at once. 24 HOURS Window is missing screens, must affix. 5 DAYS Tenant request hardware be provided'so she can install shades. BACK BEDROOM 24 HOURS Inoperable detector, must repair or replace: � .. . 24 HOURS Ceiling light inoperable, must repair 5 DAYS Outlet cover is broken, must be replaced.r LIVING ROOM 5 DAYS Hole in wall, must patch. 24 HOURS Right bay window is missing screens, must be affixed. FRONT PORCH 5 DAYS Floor in poor repair, balusters are missing, must be repaired. 5 DAYS Open area between ballusters and house, must be filled in. 24 HOURS . Obstructions in back hall Fire and safety hazards. Remove, keep all stairways free and clear at all times. A Certificate of Fitness should have been obtained prior to rental. If tenant moved in after March 1988, see attached forms. r 'r a SALEM HEALTH DEPARTMENT �G1 9 N��rlll Street t 11•.�' -_ 3_ - n( _ 3 I- > I�.'i-L 111 .11cu1 ;ll : S.Ilcm, MA 01970 I 7 5 64 Harobr St. X12 Tenant : R. Santa Bank of New England c/o Dolben , Inc . ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL—BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that p ' any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available tothemas oulined in the enclosed inspection report form. FOR THE BOARD OF HEALTH REPLY TO: ROBERT E. BLENKHORN, C.H.O. V. Moustakis, HEALTH AGENT Sanitarian Certified Mail # P 006 729 704 Este es un documento legal importante. Puede que afecte sus derechos. cc : Bank of New England, 20 State Street S-31CLO, Boston, MA. 02109 ATTN: Donald Letty Dolben, Inc. , 248 Lafayette St. Salem, MA. 01970 ATTN: Myrta Phillips E.C.C.O. , 98 Main St. Peabody, MA. 01960 ATTN: Elizabeth Meier N.S.C.A.P. , 98 Main St. Peabody, MA 01960, ATTN, Mar Rodriguez Tenant Btu" j3lx�