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UNITED STATES POSTAL SE CE J�t,OFFICIAL BUSINESS `�SENDER INSTRUCTION Print yourname,ad dress andZlP int� .w•'�• •,�, o
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otherwise affix to back of article. USE S"
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adjacent to number.
RETURN 0
TO plena=ng n�p�rtment
(Nem.of Sander)
One Salem Green
(No.and Street,Apt,Suite,P.O.Box or R.D. No.)
Salem, MA 01970
(City,State,and ZIP Code)
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DATE DELIVAM r
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November 1985
Mr,
Gerard Kavanaugh
Salem Redevelopment Authority
One Salem Green
Salem, Massachusetts 01970
RE: 10-12 Crombie Street
Salem, Massachusetts
Dear Gerry:
As you probably know, we have started construction on 10-12 Crombie
Street. We have a commitment from Beverly Savings Bank, which is
contingent upon receiving a new letter from the Salem Redevelopment
Authority renewing the Schedule for Completion of Construction.
Our proposed Schedule is:
Start of Construction 1 October 1985
Completion of Construction 15 April 1985
(ready for occupancy)
J Our delays in this project have been many, initially with the high financing
costs, then with the location of the shelter across the street (no interest in
the banks financing the project) and, finally, the zoning change process
prevented us from doing anything at all (we could not t e o al ofG
our variance since the zoning change was in process: an t file
for a building permit since we did not meet the requirements of the zone
i e rest en i
These delays are now behind us, and we would like continue the
construction. With a new construction schedule approved by the SRA, we
will be able to draw on our construction financing.
Thank you for your patience. I know this is a small project,but it should be
a great little building.
S' re
avidly,
avid b to Jaq ith
enclosure:
s�.L4ky1h -
y
Beverly Savings Bank
-P.O. Box 489,Bevery, MA 01915.0289
-r81 7• e
c n 9z oa3s
October 10,1985
.x
David F Jaquith
"11Ob'er. Street
everly; Mass. 01915
Reference: 10-12 Crombie St.
Salem, Mass.
1
'Dear .Mr.: Jaquith,
The Beverly Savings Bank is in receipt of your loan application
request in the amount of $200,000.00 for purpose of construction of
two(2) condominiums on the property located at 10-12 Crombie Street,
Salem, MAss.
After review of your request the Beverly Savings Bank is interested
in handling this request.
''Please submit the following documentation: ,
a. .New site plan indicating set-back of 5from city line /�"'9
b. Renewal of letter from Salem Redevelopment Authority renewing a
a new date to start commencing construction
c. Name of contractor and submission of construction costs ✓DeXQ5_
broken down into categories of hard costs,site development
costs and soft costs
d. Name of attorney who will be drawing your condominium ✓
documents
will be assigning the appraisal of this project to Joseph
Augusta,Salem, Mass.
Si a y'1 fr
�Rteard Carter,
„ Senior Vice President/
' Senior Loan Officer
y +tet'
,i>
205 Bridge Street
Parcel RC-2A (20,850 sq. ft. )
Meeting April 2, 1984
- Board set price not to exceed $50,000
- Funds will be used for site improvements
CITY OF SALEM, MASSACHUSETTS
1
PLANNING DEPARTMENT
r
I:
GERARD KAVANAUGH ONE SALEM GREEN
CITY PLANNER ""yT 01970
(517) 744-4580
September 17, 1985
Mr. David Jaquith
11 Ober Street
Beverly, MA 01915
Dear Mr. Jaquith:
A
The purpose of this correspondence is to inform you of the City of Salem's intentions
regarding the still vacant parcel at 10 Crombie Street. Such property is subject to an
agreement entered into on April 16, 1982 between the City of Salem and yourself.
The City has attempted, over the past several months, to expedite development on
this parcel but such attempts have not been successful. On February 26, 1985 you
received written notice to provide construction plans for the parcel on or before March
15, 1985. On March 14, 1985 such plans were delivered with a proposed construction
timetable. In the ensuing time no action has taken place, and the timetable has not been
adhered to.
Due to the fact that the original contract provided for construction commencement
by June 1, 1982 and the updated schedule provided for a June, 1985 construction start, the
City finds it necessary to pursue the reacquisition of the parcel as defined by the
contract. Section I1, Article (c) Revesting Title to City Upon Happening of Event
Subsequent to Conveyance to Developer, clearly establishes the City's rights in this
situation.
On December 18, 1985, the City intends to step in and reacquire the parcel pursuant to
Section 11.
If you have any questions on this matter, please refer them to Mary Harrington,
Asst. City Solicitor.
Sinc ern;yer
l�
Ger rdgh
Ci PI
RE
Salem
Rnedevelopment 44-6900
Authority ority ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 TELEPHONE 744-4580
February 26, 1985
Mr. David F. Jacquith
11 Ober Street
Beverly, MA 01915
Dear Mr. Jacquith:
At a recent meeting (February 25, 1985) of the Salem Redevelopment
Authority it was suggested that a letter be sent to you concerning the
status of development at 10 Crombie Street.
According to an executed Contract for Sale of Land for Private
Development, construction should have been completed by April 1 , 1983.
The Board would like to see development begin on this parcel in a timely
fashion, and would recommend that construction plans be submitted to the
Redevelopment Authority, for approval , on or before March 15, 1985.
Upon approval of such plans, a new timetable for construction will be
formulated which allows for spring of 1985 construction.
If such plans are not received by the above date, we will begin the
process of reacquiring the parcel, as outlined in the Contract.
If you have any questions concerning this matter, please call.
Thank you for your cooperation.
Sinely,� —�-
i
Gera d ECa a augh�
Plan in g irector
rba
14 March 1985
Mr. Gerard Kavanaugh
Salem Redevelopment Authority
One Salem Green
Salem, Massachusetts 01970
Dear Gerard_
In response to your letter of 26 February 1985, we are
submitting the construction drawings for 10-12 Crombie Street,
Salem, Massachusetts.
The plans had been submitted to the SRA Design Review Board
and approved at the time; also, we were granted the necessary
variance by the Salem Board of Appeals. That variance has run
out and will need to be granted again, unless the zoning
ordinances will allow residential uses in the zone.
The proposed schedule for construction of the project is as
follows:
1. Board of Appeals April 1985
2. Construction estimates 15 April 1985
I Construction financing May 1985
4_ Construction start June 1985
If you have any questions, please call.
Si erely G� .
Da F- j�th
L LE
SalemRE
Redevelopment 44-6900
Ak.Gthi. rity -ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 TELEPHONE 7
44.45800
MEMO
TO: Salem Redevelopment Authority Board Members
FROM: Gerard Kavanaugh
DATE: March 21 , 1985
SUBJECT: 10 Crombie Street
On March 14, 1985 the SRA received construction plans and a schedule for
development of 10 Crombie Street from David Jaquith. This was in
response to a letter sent by the Project Administrator requesting this
information.
The plans illustrate the development of two residential condominium
units of approximately 1 ,500 sq. ft. The units will each include two
on-site parking spaces .
In April of 1981 a variance was granted to build two residential units
in a B-3 Zoning District. This variance has subsequently lapsed. The
SRA also endorsed the proposed development conditional upon_ a favorable
Design Review Board recommendation.
The schedule as submitted by Mr. Jaquith is as follows :
1 . Board of Appeals Approval April 1985
2 . Completion of Construction Drawings April 15, 1985
3 . Commitment of Construction Financing May 31 , 1985
4. Construction Start up June 1985
1 would recommend forwarding a letter to Mr. Jaquith which points out
that if the preceding schedule is not closely adhered to, the
Redevelopment Authority will take .the necessary steps to reacquire the
parcel. With the approval of the Board, I will forward such letter.
1
a „n _ v:7-71 77 r
BK6937 PG @ 52
t
IN CITY COUNCIL,
City of Salem, ...SePtember 25,
...._......... ... _......19 80...
Tiir COMMITTEE ON CMI7NITY DEVEUDpMa4T
' to whom was referred
L the matter of
amending Council authorization of March 13, 1980 allowing sale of 10 Crombie-
Nl 'r' Street to Russell
sk1 W. KierTkvT for minimum
Price of $7,700.00
, r
` has considered said matter and would recommend: That the said authorization he
31 amended by deleting
a any reference to Russell W. Kiernan or any other particular purchaser of the Property, and
s y,
a5{ 8; by adding the following restrictions:
st
That development on the said parcel be limited to not more than 2
residential units;
.A
-----------------
f, 2. That the individual designated as purchaser be required to provide
proof of financing capability satisfactory to the Salem Redevelopment Authority within
9° E 90days of his/her desi
4nation by the Mayor;
..''11t t
e. g
3. That actual construction of the site conmence within 6 months.
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4%11; In City'-Couw} jl September 25, 1980
11; - "—
P E '
J HINE R. FUSOp
FOR THE COMMITTEE,
G .
y}+1 S/ Robert E. Healey
ESSEX$S. C/irrirntan
„ RECORDEDj � I9�Z
v �� FAST�O...Af. INCT. j
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BK6937 PG 15 9
IN CITY COUNCIL,
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City of Salem. . . .. March....... . ....1.3'...... . .19$.....
.....
THE COMMITTEE ON 03MMUNITY DEVET PHEW
to whom was referred
the request of the Salem Redevelopment Authority that the Mayor be authorized to sell certain
City land located at,10 Crambie Street, Salem, to Russell W. Kiernan, for purposes consistent
j,Rth the Heritage Plaza West Renewal Plan and the Authority's guidelines and regulations; the
M
o mittee + ,
has considered said matter and would recommend:.
1. --That said parcel, being lot 454 on Assessors Map 26, he declared no longer required for ? ;
Municipal Purposes, pursuant to Mass. General Laws, Chapter 40, Section 15, and as certified
I- in the accanpanying letters from the City's Public Property Department and the City Engineer �4
2, That the fair market value of the said parcel be established as $7,700.00 in accordance ,
with the letter from the City's chief assessor, tobe attached at a later time, and the
r _
°accar�g�anying private appraisal; F+ ���,.: I
3, That Ilis Honor the Mayor be authorized to sell the said land in accordance with the "
request of the Salem Redevelopment Authority or a sum not ess �
A TRLE COPY AZ JO PHINE R. FTJSCo
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Fok THE COMMITIVE,
Chairman '
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6K6937 PG 1 49
QUITCLAIM DEED (BY CORPORATION) 798
CITY OF SALEM
// nunicipal
a Forpuratiou duly established under the laws of Commonwealth of Massachusetts
and having its usual place of business at Salem, Massachusetts
of Seven Thousand Seven HundEs ex
00/1A Massachusetts or consJderationgjgkU
( $7 , 700. 00) Dollars
gcants to
DAVID F. JAQUITH AND ROBERTA J. JAQUITH, Husband and Wife , as
joint tenants and not as tenants by the entiretjt.
��Yg/dL�/� R-1A53'•4�/fe.�ETTS" ®/$/6'
of Beverly, Essex County, Commonwealth of with quitrfalln tnaenattts
Massachusetts
the land in said Salem with the buildings thereon, bounded and described
as follows:
� �sa9ca¢s#xx�haet+cmx�fc�3c
EASTERLY by Crombie Street, seventy-seven (77) feet,
SOUTHERLY by land now or formerly of Stevens, sixty (60) feet,
WESTERLY by land now or formerly of Wardwell, seventy-five
and seventy-five one-hundredths (75. 75) feet, and
NORTHERLY by land now or formerly of McGee and Geary, seventy-four
(74 ) feet.
Being the same premises conveyed to the City of Salem by deed of
Sister Maria of the Sisters of St. Chretienne, formerly Eulalie
Jannery by deed dated June 8, 1967 and recorded with Essex South
District Registry of Deeds Book 5475, Page 562.
This Deed is made pursuant to the authority granted in a
certain vote of the City Council dated March 13 , 1980, a certified
copy of which is attached and is made a part of this Deed.
This Deed is also made pursuant to the notification provided
for in Massachusetts General Laws, Chapter 40, Section 15, a copy
of which is attached hereto.
This Deed is further subject to all the conditions, covenants,
restrictions and reservations set forth in said City Council Order
dated March 13, 1980 , all of which are made a part of this Deed
and a condition of this conveyance.
This deed is further subject to all of the terms and conditions,
covenants, restrictions and reservations set forth in a "Contract
for Sale of Land for Private Development" executed on the 16th day
of April, 1982 between the Grantor and the Grantee herein, a copy
of which is recorded in the office of the City Clerk, City of
Salem, Massachusetts.
The provisions of Massachusetts General Laws Chapter 44 ,
Section 63A have been complied with in full.
U _J 14
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' 6K6937 PG 150
w4erPuf, the said
v CITY OF SALEM
has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged
delivered in its name and behalf by JEAN A. LEVESQUE
its Mayor hereto duly authorized, this I-Y
day of in the year one thousand nine hundred and
eighty—two.
Signed and seale in presence of
..........C.ITY...QJF...5 UM.......................... ...
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CEAN A. LEVESQUE, 1YOR
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�11P C4nmutnnuesn1111 of Manbartluurtin
Essex
ss.
May i1 q® 19
Then personally appeared the above named JEAN A. LEVESQUE, MAYOR
if
and acknowledged the foregoing instrument to be the free act and deed of the CITY OF SALEM
before me
........................................... .. blRh#ha44'
...
Notary Puic ® �p
/ My commission ezpires
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With restricted delivery__.. B
RECEIPT 2, Shows to whom,dale antl where delivered 31C
SERYI CES With restricted delivery r..._ yPp+gg
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s1�Q SPECIAL DELIVERY (e#ro fee required)- . ..—..
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Jan.1978 NOT FOR INTERNATIONAL MAIL
C ero:ts>s-o-setrsz
STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail),
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front)
1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address
side of the article, leaving the receipt attached,and present the article at a post office service
window or hand it to your rural carrier. (no extra charge)
2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of
the address side of the article, date, detach and retain the receipt, and mail the article.
3. If you want a return receipt, write the certified-mail number and your name and address on
a return receipt card, Form 3811, and attach it to the back of the article by means of the
gummed ends. Endorse front of article RETURN RECEIPT REQUESTED,
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. Check the appropriate blocks in
Item I of the return receipt card.
5. Save this receipt and present it if you make inquiry.
l
RECEIPT FOR CERTIFIED MAIL
SENT TO 'POSTMARK
OR DATE
STREET AND N0.
P.O., STATE AND ZIP G\ODE n`^'
OPTIONAL SERVIM FOR ADDITIONAL FEES
RECEIPT ETURN 1. Shows to whom and date delivere0 ._...._...
RWith restricted delivery-
T. Shows to wham,date and where delivered <�
SERVICES With restricted delivery _.._......._._..._. �'
e RESTRICTED DELIVERY........._ __I--......_......-_....___...._._.__-
0 SPECIAL DELIVERY (extra fee required)
Zi PS Farm 3800 NO INSURANCE COVERAGE PROVIDED— (See other side)
Jan.7878 NOT FOR INTERNATIONAL MAIL
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Salem
Redevelopment 44-6900
Authority ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 TELEPHONE 744-4580
November 26, 1985
David Jacquith
11 Ober St.
Beverly, MA 01915
Dear Mr. Jacquith: .
Please be advised that on November 12, 1985 the Salem Redevelopment
Authority took action on your request for an amendment on the Contract for Sale
of Land dated April 16th, 1982.
The Board voted to amend Schedule B of such contract, thereby allowing
construction to commence on or before November 15, 1985, and be substantially -
completed on or before June 15, 1986. We would appreciate receiving evidence of
a financial commitment from the Beverly Savings Bank as soon as possible.
The Authority would like to express its interest in seeing this project proceed
expeditiously from construction start-up to construction completion.
Thank you for your cooperation in the matter.
Sincerely,
oan Boudreau
Chairperson
14 March 1985
Mr. Gerard Kavanaugh
Salem Redevelopment Authority
One Salem Green
Salem, Massachusetts 01970
Dear Gerard:
In .response to your letter of 26 February 1985, we are
submitting the construction drawings for 10- 12 Crombie Street,
Salem, Massachusetts.
The plans had been submitted to the SRA Design Review Board
and approved at the time; also, we were granted the necessary
variance by the Salem Board of Appeals. That variance has run
out and will need to be granted again, unless the zoning
ordinances will allow residential uses in the zone.
The proposed schedule for construction of the project is as
follows:
1. Board of Appeals April 1985
2. Construction estimates 15 April 1985
3. Construction financing May 1985
4. Construction start June 1985
If you have any questions, pleasa trail.
' Sincerely, ,i
/ 7
David
F. a
f
th
r
10 Crombie St. Status:
Has contract for sale of land been signed?
I've checked with the City Clerk's office and have been informed that
there is no record that the proparty was purchased by David Jaquith.
However, the record does show that a Russell Kiernan was to be sold
the property but he never bought it.
Has money ($7,7:00.00) been paid. -
Claire Nilson at Treasurer's office said it may take her a day or
two to track down this information. I'll keep after her. I did and
. she informed .me that she has no record of a check received in that amount,
Has D.R.B. approved?
Only excerpts of DRB minutes recorded read. . .
Mar. 11, 1981 - Approved preliminary drawings subject to reducing
the easement a few feet for better pedestrian walkway and SRA
approved.
August 26, 1981 - Final construction plans submitted by David
Jaquith. DRB approved. SRA ---
Has S.R.A. approved?
Following are excerpts of SRA minutes recorded concerning 10 Crombie St. :
Jan. 8, 1980 - The Council is waiting for the SRA to make tentative
designation to the proposed developers for Crombie St. & Essex St.
before they will take formal action at Council meeting.
Feb. 25, 1980 - SRA informed City will be declaring 10 Crombie St.
land as surplus and SRA to obtain appraisals -
March 13, 1980 - City Council approves sale of 10 Crombie St. as
surplus land
Sept. 8, 1980 - David Jaquith advises SRA he's interested in de-
veloping parcel at 10 Crombie St.
Annual October 1980-1981 Report -". . .a small lot on Crombie St.
now owned by the City is awaiting construction of 2 units by
D. Jaquith. Again, the economic climate has prevented a construction
start.
Marj24, 1981 - Crombie St. to be developed by David Jaquith
Apr. 21, 1981 -Project being reviewed by Board of Appeals on Apr. 22-
SRA to send letter supporting project and state DRB had approved
f
10 Crombie St. Status
List of dates and requirements that have not been fulfilled.
See attached copy of excerpt from the original "Contract For Sale
Of Land For Private Development"
Also, the Project Administrator, Michael Moniz sent a letter to
Mr. David Jaquith on August 26, 1982 indicating to him that the
contract for the sale of the land had not been executed. Mr. Jaquith
was requested to notify the SRA or Mayor of his intentions.
----------------------
January 24, 1985
Assessor's Office stated 10 Crombie Street, Map 26, Lot 454 was purchased in
May of 1982 by David Jaquith, and on. tax rolls in 1983. gC/
January 29, 1985
Treasurer's Office stated 10 Crombie Street, was paid for in the following
manner:
On April 20, 1982 - $770. was paid
On May 24, 1982 - $6,930. was paid
Above payments came through the Mayor's Office.
January 29, 1985
See attached copy of CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT
dated 16 day of 1982 (April) secured from City Clerk's Office.
J 10 Crombie St. Status
Has variance run out?
See attached information provided by Building Inspector
o. <\\ S 2,1/
1.S ' (91tu af 7q .
aar� of CAFFeaI
APRIL 22 , 1981 '81 APR 29 All :25
DECISION ON THE PETITION OF LANDMARK REALTY TRUST, DAVID F. MMISFTEU3'MC-EP.EQUESTING
A VARIANCE FOR 10-12 CROMBIE STREET SAL=t`
A hearing on this Petition was held on April 22, 1981 with the following Board Members
present: Douglas Hopper, Chairman, Messrs. Piemonte, LaBrecque and Feeherry. 'Notices
of the hearing were sent to abutters and others and a notice of the hearing was properly
published twice in the Salem Evening News in accordance with Massachusetts General Laws
Chanter 40A.
The Petitioner has requested a variance for the property at 10-12 Crombie Street to
construct two residential.units. A variance is required because the building is in a
B-3 district where the proposed use is prohibited without a variance.
The Board of Appeals, after consideration of the evidence presented at the public
hearing and after viewing the property makes the following findings of fact:
1. The property in question is being sold by the City of Salem subject to
certain restrictions including a restriction requiring that the property
be used for a maximum of two residential units.
2. The proposed use is an attractive structure which will be compatible to the
area.
On the basis of the above findings of fact, and the evidence presented_ at the public
hearing, the Board of Appeals concludes as follows:
(1) The property in question has a peculiar configuration and size. These factors
make it impossible to use the property for any use which is permitted as a matter of
right in a B-3 district.
(2) The conditions described above especially affect the property in question but
do not generally affect the zoning district in which the property is located.
(3) The conditions described above which affect the land in question, but not the
zoning district generally cause the following special hardship: if the requested variance
is not granted, the property is valuless and cannot be develJped in a manner consistent
with the terms of the City of Salem's restrictions for the property.
(4) The desired variance may be granted without substantial detriment to tine public
good.
Therefore, the Board of Zoning Appeals unanimously votes in favor of granting the
requested relief. The Board grants a variance to the Petitioner on the following terms
and conditions:
1. The property may be used for the construction of not more than two residential units
2. Four parking spaces must be maintained at the site.
giiu of %;5, assn fjuutt5 _
Poart; of Appeal
DECISION -APRIL 22, 1981-LAND1ARK REALTY TRUST - PAGE 2
3. This variance is conditioned upon the Petitioner's compliance with the .
terms of the City of Salem's deed which include the granting of a 15' easement
to an abutter.
4. The construction will be done as shown on the plan presented to the Board.
5. All work must meet the approval of the City's-Fire 'Marshall.
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>iF RcCO � C$ T:z rtwR= Ai;DRhiOTED 0 r THE GMER S!CERTIFI RTE OF TITLE,
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4h;E OF THc OT/NER
BOARD OF APP&Rt- -
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLE]
DATE OF PERMIT PERMIT No. OWNER LOCATION
11 ,25 .70 I #418 City of Salem 10-12-14 Crombie Street
STRUCTURE MATERIAL DIMENSIONS No. OF STORIES No.OF FAMILIES WARD COST
2 3 82 ,000
Dwelling Wood 24f x 65" BUILDER
Neptune Wrecking Co .
Demolition and removalof entire buildin.g, filling of cellar hole
to grade
4/22/81 - Bd. of Appeal - Landmark Realty Trust, David F. Jaquith variance to construct
2 residential units. Granted, with conditions.
5/18/82 #168 (Owner David Jacquith) Install (2) unit condo appv/d by Bd. of Appeals.
I
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"2, .1.. piattrb IIf �Fpraf
APRIL 22 , 1981 .81 APR 29 All :25
DECISION ON THE PETITION OF LANDMARK REALTY TRUST, DAVID F. gk lSF fEi19YIFZCCREQUESTING
A VARIANCE FOR 10-12 CROMBIE STREET SAL-It.
A hearing on this Petition was held on April 22, 1981 with the following Board Members
present: Douglas Hopper, Chairman, Messrs. Piemonte, LaBrecque and Feeherry. Notices
of the 'hearing were sent to abutters and others and a notice of the hearing was properly
published twice in the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
The Petitioner has requested a variance for the property at 10-12 Crombie Street to
construct two residential units. A variance is required because the building is in a
B-3 district where the proposed use is prohibited without a variance.
The Board of Appeals, after consideration of the evidence presented at the public
hearing and after viewing the property makes the following findings of fact:
1. The property in question is being sold by the City of Salem subject to
certain restrictions including a restriction requiring that the property
be used for a maximum of two residential units.
2. The proposed use is an attractive structure which will be compatible to the
area.
On the basis of the above findings of fact, and the evidence presented at the public
hearing, the Board of Appeals concludes as follows:
(1) The property in question has a peculiar configuration and size. These factors
ink e it impossible to use the property for any use which is permitted as a matter of
11�right in a B-3 district.
(2) The conditions described above especially affect the property in question but
do not generally affect the zoning district in which the property is located.
(3) The conditions described above which affect the land in question, but not the
zoning district generally cause the following special hardship: if the requested variance
is not granted, the property is valuless and cannot be devel/ped in a manner consistent
with the terms of -the City of Salem's restrictions for the property.
(4) The desired variance may be granted without substantial detriment to the public
good.
Therefore, the Board of Zoning Appeals unanimously votes in favor of granting the
requested relief. The Board grants a variance to the Petitioner on the following terms
and conditions:
1. The property may be used for the construction of not more than two residential units.
2. . Four parking spaces must be maintained at the site.
4
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_ L Pourh of c�Fpeal
p(01111)AA tti
DECISION - APRIL 22, 1981-LANDMARKREALTY TRUST - PAGE 2
3. This variance is conditioned upon the Petitioner's compliance with the v
terms of the City of Salem's deed which include the granting of a 15' easement
to an abutter.
4. The construction will be done as shown on the plan presented to the Board.
5. All work must meet the approval of the City's-Fire Marshall.
G
C..... E. ,:F T, °
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e
Cn;E OF F.:ING -
P.
1. T r ,':' CI?L PER?.-IT
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SF,%'
THE CERT,
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Frc, u �tl -,EN D. D CR _(GE) 1$
P . :'. THE '' ,,.n : f_. :;,. C I:...'.g -.�
LD J.:D„• TBE NA!,iE OF THE O'yINER
CF TECO:!) CR IS RECORDED AifD ii DTED ON TBE O5gfI ER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
A COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLEM
v`iL
Salem
EE
edevelop - ent - TELEPHONE 744-6900 J
Authority . ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 744-4580
April 22, 1981
Mr. Douglas Hopper, Chairman
Board of Appeals
One Salem Green
Salem, MA01970
Dear Mr. Hopper:
The Board of the Salem Redevelopment Authority has directed
me to indicate its endorsement of the proposal by David Jacquith to build.
two residential units on Crombie Street in the Heritage Plaza-West Urban
Renewal Project. Mr. Jacquith's plans respond very well with the Design
Criteria of the Urban Renewal Plan - and the plans submitted by
Mr. Jacquith have been carefully reviewed and approved by the Authority's
Design Review Board. -
I would also like to point out that the land in question is
presently owned by the City of Salem, and that the City Council authorized
its sale with the stipulation that it be developed to accommodate no more
than two residential units.
Jacquith's proposed project will surely benefit and strengthen
the Crombie Street neighborhood. The Authority urges the support of the
Board of Appeals.
Ve"Administrat
Pr
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10 Crombie St. Status
List of dates and requirements that have not been fulfilled.
See attached copy of excerpt from the original "Contract For Sale
Of Land For Private Development"
Also, the Project Administrator, Michael Moniz sent a letter to
Mr. David Jaquith on August 26, 1982 indicating to him that the
contract for the sale of the land had not been executed. Mr. Jaquith
was requested to notify the SRA or Mayor of his intentions.
----------------------
January 24, 1985
Assessor's Office stated 10 Crombie Street, Map 26, Lot 454 was purchased in
May of 1982 by David Jaquith, and on tax rolls in 1983. 6013-�
January 29, 1985
Treasurer's Office stated 10 Crombie Street, was paid for in the following
manner:
On April 20, 1982 - $770. was paid
On May 24, 1982 - $6,930. was paid
Above payments came through the Mayor's Office.
January 29, 1985
See attached copy of CONTRACT FOR SALE OF .LAND FOR PRIVATE DEVELOPMENT
dated 16 day of 1982 (April) secured from City Cle'rk's office. �J
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745-11213
March 11, 1980
Honorable Jean A. Levesque
Mayor of Sale
City Hall
Salsa, K& 01970
be nc!vir. Lh:.t in 1-.5-
npinioa t.h9
,159 s9tic:r,c foot p:..rc4:1 owned by th'. ci.t:y of
fronting on Crombie Street shown as Lot 454 on
Assessors' Map 26 does not have any projected use by
the City of Salem.
I would support designating the land as
surplus.
Very truly yours,
1
Daniel F. Mansur
Aonistant Building Inspactor
�� � r,: .as: ..:.x»i... ►..@';a
Qlag of calem, �c�5521C1t1x5¢tt5
itrpzcrfuLmt of IJublic �IjUrlIS
One 3�nlem Orem
RICHARD P. SWENSON, C,E
ANTHONY V. FLETCHER. R.P.E Assistant Civil ENIneer
DIRECTOR of PUBLIC SERVICES -
CITY ENGINEER
t
Mayor Jean A. LeVe;qu'=
City Hall
93 Washington Street
Salem, Mass. 01970
Dear Mayor Levesque_
I have reviewed the parcel of land located at 10 Crombie Street
which is presently wined by the City Of Salem. mere are no easements
or other eicimbrances on the land and that it does not serve a useful
ra:nicipal purpose. '
:TtnrO:Qro. I L±sti' t)-at this la.. is surplus a:-4 may be sold at :air
ra\ea vs•.u+ .iv�r i?va wza. o' c.'ti. liar itne7o Pla=.�-ti+at L•r`si Aer.L'al Plan. g3
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EXHIBIT "D"'
September ;71980
Christopher G. Olney
Salem ttedevelopment Authority
Qne _Salem.XreeLl
Salem, Massachusetts .01970
Dear Chris:
We would like to present-our proposal for the development of `
land at 10 -Crombie Street; Salem:
1 . Description of buildings '
Two and. .one-half story brick and wood frame , 2 family
townhouse (condominium) units. Four cars parkin. (See
2 , David F. 'Jaquith s
Architects. &,planners
11 Ober: Street :
Beverly;' Massachusetts 01915 "
: Restoration and renovation of:.residence
11 Ober Street, Beverly, Massachusetts 1968 - 'present
Redevelopment of Water Works -building with Robert'and George
Mag=' e _�Church Street, Salem; Massachusetts J975 -
3. David ,F ' ,Jaquith, Architect
it Ober Street, Beverly, Massachusetts
All
Salem• projectat «
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Restoration of old Salem Fire Station
Church .Street
Central;Street commer"cial/apartments
3Central .Strt
ee
Bancroft House Restaurant (now Churck's Steak House)Y
Derby-. Square
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I 11 OBER ST., BEVERLY, MASSACHUSETTS 01915 (617)9273745 O ARCHITECTURE • PLANNING • URBAN DESIGN-;
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• ,. �,. .,..,:7'i=�X+n,it xt..1 r ._ c'*s -r...t*:=m�rx.. yyw'..} {. ,'� e>n::
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J` 'Reconstruction of 298 - 300 Essex Street into 15 apartments
and commercial .shops .
Brown Street Court office building
Brown Street.Court
Restoration of 5 North Street
Renovation and restoration 'of Union Streetgarage and the
- Russian,-.Cluh :
-- -Derby and Union Streets
Renovation of 124 - 126 Derby Street `
Auto Sales Auildlna for Ruaaell Kiernan
i r�ov ten
Of P11a 1 "a;-: Noel"
vroponod orrico/rryi•iontlni 1;ui.10in:�
Federal street ( rcixr or oiC iircr n ,ution)
( under .construction)
4 •Time table £or developmeiit:
Fall start (depending upon. aoprovals)
Late - spring completion
Sin erely,
David F.- a i h
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11 OBER ST., BEVERLY, MASSACHUSETTS 01,915 (617)927-3745 0 ARCHITECTURE • PLANNING 0 URBAN DESIGN
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CONTRACT FOR SALE OF LAND
FOR PRIVATE DEVELOPMENT
AGREEMENT, made on or as of the /6 day of
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by and between City of Salem (hereinafter called "City"), and David F. Jaquith
j
(hereinafter called "Developer").
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WITNESSETH
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WHEREAS, the City and the Salem Redevelopment Authority are engaged in j
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carrying out an urban renewal project known as the "Heritage Plaza West Urban
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Renewal Project" (hereinafter called "Project") in an area (hereinafter called
"Project Area") located in the City; and j
WHEREAS, as of the date of the Agreement there has been prepared and
approved by the Salem Redevelopment Authority and other public agencies as _
i
required by law an urban renewal plan, as amended, for the Project, (which plan, as
so amended, and as it may hereafter be further amended from time to time
pursuant to law, and so constituted from time to time, is, unless otherwise
indicated by context, hereinafter called "Urban Renewal Plan"); and
WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the
Agreement has been filed in the office,of the Clerk of the City; and
I
WHEREAS, the City has offered to sell to the Developer certain real property
located in the Project Area and more particularly described in Exhibit A annexed
hereto and made a part hereof (which property as so described is hereinafter called
"Property") and the Developer is willing to purchase and rehabilitate the property
in accordance with the plans and specifications (rehabilitation) described in Exhibit
B annexed hereto and made part hereof (which development proposal is hereinafter
I
called ("Proposal") and in accordance with the uses specified in the Urban Renewal
Plan and in accordance with the Agreement; and `
WHEREAS, said property has been declared to be no longer required for public
purposes by the City of Salem's Dept. of Public Works and Dept. of Public Property
having charge thereof; and
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WHEREAS, the Mayor of the City has been duly authorized to sell said property
by City Council Order dated March 13, 1980 in accordance with Massachusetts
General Law, Chapter 43, Section 15, a copy of which is attached hereto as Exhibit
C;
NOW, THEREFORE, the City and the Developer hereby covenant and agree
each with the other as follows:
SECTION L SALE: PURCHASE PRICE
i
Subject to all the terms, covenants, and conditions of the Agreement, the City
will sell the Property to the Developer for, and the Developer will purchase the j
Property from the City and pay therefor, the amount of Seven Thousand Seven
Hundred and 00/100 ($7,700.00) Dollars, hereinafter called "Purchase Price", to be
paid in cash or by certified check simultaneously with the delivery of the Deed
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conveying the Property to the Developer.
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SECTION 2. CONVEYANCE OF PROPERTY
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(a) Form of Deed. The City shall convey to the Developer good and clear
record and marketable title to the Property by quitclaim deed (hereinafter called
"Deed"). Such conveyance and title shall, in addition to the condition subsequent
provided for in Section 13 (c) hereof, and to all other conditions, covenants, and
restrictions set forth or referred to elsewhere in the Agreement, be subject to the
following:
1. Completion of the requirements set forth in Schedule B, attached and
s made a part hereof;
Z. Maintenance of the exterior appearance, as set forth in Schedule B, for
the life of the Urban Renewal Plan controls; I
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3. The use restrictions and design review procedures and controls set forth in I
the Urban Renewal Plan ;
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4. Those easements, if any, specified and shown in the Urban Renewal Plan
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as continuing or to be created or reserved.
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5. Applicable building and zoning laws and regulations.
(b) Time and Place for Delivery and Acceptance of Deed. The City shall
deliver the Deed and possession of the Property to the Developer at 10:00 A.M. on
#J I
or before May 1, 1981 or at such other time or date as the parties hereto may '
mutually agree in writing, and the Developer shall thereupon accept the Deed and
join, as grantee, in the execution thereof.
(c) Recordation of Deed. The Developer shall promptly file the Deed for
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recordation among the land records of the place in which the property is situated.
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The Developer shall pay all costs (including the cost of the state documentary
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stamp tax on the Deed, for which stamps in the proper amount shall be affixed to
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the Deed by the Developer) for so recording the Deed.
SECTION 3. GOOD FAITH DEPOSIT
The Developer has, prior to or simultaneously with the execution of this
Agreement, delivered to the City a Good Faith Deposit of cash or certified check
satisfactory to the City in the amount 10% of purchase price, hereinafter called
"Deposit". The Deposit shall serve as security for the performance of the
obligations of the Developer to construct or to rehabilitate the Improvements as
provided herein. The Deposit shall be returned to the Developer upon issuance of
the certificate of completion pursuant to Section 8 or retained by the City as
liquidated damages in accordance with the provisions of Section 15.
SECTION 4 SC ULE FOR CONSTRUCTION PLANS AND
SPECIFICATIONS: COMMENCEMENT AND COMPLETION OF
WORK.
a) The construction of the improvements referred to in the remainder of this
Section shall be commenced in any event within ten days after the date of
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delivery of the Deed in Section 2(b) and shall be completed in accordance with the
construction work write-up contained in Exhibit B attached hereto and
incorporated herein by reference. Said work write-ups for the development of the
property shall be in conformity with the Urban Renewal Plan, and all applicable
State and local laws and regulations. The term "Improvements", as used in this
Agreement, means the improvement indicated in the construction work write-ups
and proposal of Developer, attached hereto and incorporated herein by reference as
Exhibit D.
(b) Time of Submission of Construction Plans. The time within which the
Developer shall originally submit its "Construction Plans" to the City in any event
shall not be later than March 15, 1981.
(c) Time for Submission of Corrected Construction Plans. Except as provided
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in Paragraph (d) of this Section, the time within which the Developer shall submit �
any new or corrected Construction Plans to the City for approval hereof shall be no
later than thirty (30) days after the date the Developer receives written notice
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from the CITY of the CITY's rejection of the Construction Plans referred to in the
latest such notice.
(d) Maximum Time for Approved Construction Plans. In any event, the time
within which the Developer shall submit Construction Plans which conform to the
requirements of the City and are approved by the City shall be not later than thirty
(30) days after the date the Developer received written notice from the City of the
City's first rejection of the original Construction Plans submitted to it by the
Developer.
(e) Time for City Action on Change in Construction Plans. The time within
the City may reject any change in the Construction Plans, shall be thirty (30) days
after the date of the City's receipt of notice of such change.
}
(f) Time for Submission of Evidence of Equity Capital and Mortgage
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Financing. The time within which the Developer shall submit to the City, in any
>> —d a v commitment necessary for mortgage
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the Developer of approval of the Construction Plans by the City, or, if the .
Construction Plans shall be deemed to have been approved, after the expiration of
five (5) days following the date of receipt by the City of the Construction Plans as
deemed approved.
SECTION S. DEVELOPER'S OBLIGATIONS TO RUN WITH THE LAND
The Developer agrees of itself, its successors and assigns, and every successor
in interest to the Property, or any part thereof, and the Deed shall contain
covenants on the part of the Developer for itself and its successors and assigns,
that the Developer, and its successors and assigns, shall promptly begin and
diligently complete the Development and/or rehabilitation of the Property through
the construction and/or rehabilitation of the Improvements thereon, .and that the
construction or rehabilitation shall in any event be begun and completed within the
period specified in Section 4. It is intended and agreed, and the Deed shall so
expressly provide, that these agreements and covenants shall be covenants running
with the land, binding for the benefit of the City, and enforceable by the City
against the Developer and its successors and assigns to or of the Property or any
part thereof or any interest therein.
SECTION 6 CERTIFICATE OF COMPLETION
Promptly after completion of the construction and/or rehabilitation of the
Improvements in accordance with this Agreement, the Building Inspector of the
City will furnish the Developer with an appropriate instrument so certifying. The
Certification by the Building Inspector shall be (and it shall be so provided in the
Deed and in the certification itself) a conclusive determination of satisfaction and
termination of the covenants in the Agreement and the Deed with respect to the
obligations of the Developer and its successors and assigns to construct and/or
rehabilitate the Improvements and the dates for the beginning and completion
thereof. The certification shall be in such form as will enable it to be recorded. If
the Building Inspector shall refuse or fail to provide the certification, the Building
Inspector shall, within thirty (30) days after written request by the Developer,
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provide the Developer with a written statement indicating in adequate detail how
the Developer has failed to complete the construction and/or rehabilitation of the
Improvements in conformity with the Urban Renewal Plan or this Agreement, or is
otherwise in default, and what measures or acts it will be necessary, in the opinion
of the City, for the Developer to take or perform in order to obtain the
certification. Such certification and such determination shall not constitute
evidence of compliance with or satisfaction of any obligation of the Developer to
any holder of a mortgage, or any insurer of a mortgage, securing money loaned to
finance the Improvements or any part thereof.
SECTION 7. RESTRICTIONS ON USE
The Developer agrees for itself, and its successors and assigns, and every
successor in interest to the Property, or any part thereof, and the Deed shall
contain covenants on the part of the Developer for itself, and its successors and
assigns, that the Developer and its successors and assigns shall:
(a) Devote the Property only to and in accordance with the uses specified in
the Urban Renewal Plan; and
(b) Not discriminate upon the basis of race, color, creed, or national origin in
I
the sale lease or rental or in the use or occupancy of the Property of any
improvements located or to be erected thereon, or any part thereof.
SECTION 8. COVENANTS BINDING UPON SUCCESSORS IN INTEREST,
PERIOD OF DURATION
It is intended and agreed, and the Deed shall so expressly provide, that the
covenants provided in Section 5, 7, 9, 10 shall be covenants running with the land
binding to the fullest extent permitted by law and equity for the benefit and in
favor of, and enforceable by the City, and the owner of any other land (or of any
interest in such land) in the Project area which is subject to the land use
requirements and restrictions of the Urban Renewal Plan, and, against the
Developer, its successors and assigns, and every successor in interest to the
Property or any part thereof or any interest therein, and any party in possession or
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occupancy of the Property or any part thereof. It is further intended and agreed
that the covenant provided in Section 7b shall remain in effect without limitation
as to time. The terms "use specified in the Urban Renewal Plan" and "land use"
referring to provisions of the Urban Renewal Plan, or similar language, in this -
Agreement shall include the land and all building, housing, and other requirements
or restrictions of the Urban Renewal Plan pertaining to such land.
SECTION 9. MORTGAGEES NOT OBLIGATED TO CONSTRUCT.
Notwithstanding any of the provisions of this Agreement, including but not
limited to those which are intended to be covenants running with the land, the
holder of any mortgage authorized by this Agreement (including any holder who
obtains title to the Property or any part thereof as a result of foreclosure
proceedings, or action in lieu thereof, but not including (a) any other party who
thereafter obtains title to the Property or such part from or through such holder or
(b) any other purchaser at foreclosure sale other than the holder of the mortgage
itself) shall not be obligated by the provisions of the Agreement to construct
and/or rehabilitate or complete the construction and/or rehabilitation or
completion, nor shall any covenant or any other provision in the Deed be construed
to so obligate such holder. Nothing in this Section or any other Section or provision
of the Agreement shall be deemed or construed to permit or authorize any such
holder to devote the Property or any part thereof to any uses or improvements
provided or permitted in the Urban Renewal Plan, the City of Salem Zoning
Ordinance, and this Agreement. tt
SECTION 10. ENFORCED DELAY IN PERFORMANCE r
Neither, the Developer, nor any successor in interest, shall be considered in
breach, or default of, its obligations with respect to the preparation of the
Property for development or rehabilitation, or the commencement and completion
of construction or rehabilitation of the Improvements, in the event of enforced
delay in the performance of such obligations due to unforeseeable cause beyond its t
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control and without its fault or negligence. The time for the performance of the
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obligations shall be extended for the period of the enforced delay, as determined by
the Building Inspector, if the party seeking the extension shall request it in writing
of the other party within ten (10) days after the beginning of the enforced delay.
SECTION 11. REMEDIES
(a) In General. Except as otherwise provided in this Agreement, in the event
of any default in or breach of the Agreement, or any of its terms or conditions, by
either party hereto, or any successor to such party, such party (or successor) shall,
upon written notice from the other, proceed immediately to cure or remedy such
default or breach, and, in any event, within sixty (60) days after receipt of such
notice. In case such action is not taken or not diligently pursued, or the default or
breach shall not be cured or remedied within a reasonable time, the aggrieved
party may institute such proceedings as may be necessary or desirable in its opinion
to cure and remedy such default or breach, including, but not limited to,
proceedings to compel specific performance by the party in default or breach of its
obligations.
(b) Prior.to Conveyance. In the event that prior to the conveyance of the
Property the Developer assigns or attempts to assign this Agreement or any rights
hereunder, or there is any change in the ownership or distribution of the stock of
the Developer or with respect to the identity of the parties in control of the
Developer or the degree thereof, or the Developer fails to pay the Purchase Price
and take title to the Property upon tender of conveyance by the City, then this
Agreement and any rights of the Developer in this Agreement may at the option of
the City be terminated by the City and the Deposit retained by the City as
liquidated damages. In the event that the City does not tender conveyance or
possession of the Property as provided in this Agreement or the Developer
furnishes evidence satisfactorily to the City within fourteen (14) days, that it has
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and the Deposit returned, without interest, to the Developer.
(c) Revesting Title in City Upon Happening of Event Subsequent to
Conveyance to Developer. In the event that subsequent to conveyance of the
Property or any part thereof to the Developer, and prior to completion of
construction and/or rehabilitation of the Improvements as certified by the City the
Developer (or successor in interest) shall default in or violate its obligations with
respect to the construction of the Improvements (including the nature and the
dates for the beginning and completion thereof), or shall abandon or substantially
suspend construction or rehabilitation work, and any such default, violation,
abandonment, or suspension shall not be cured, ended or remedied within ninety
(90) days if the default is with respect to the date for completion of construction
of rehabilitation of the Improvements after written demand by the City so to do;
then the City shall have the right to re-enter and take possession of the Property
and to terminate (and revest in the City) the estate conveyed by the Deed to the
Developer, it being the intent of this provision, together with other provisions of
this Agreement, that the conveyance of the Property to the Developer shall be
made upon, and that the Deed shall contain, a condition subsequent to the effect
that in the event of any default, failure, violation, or other action or inaction by
the Developer specified in this Agreement, failure on the part of the Developer to
remedy, end, or abrogate such default, failure, violation, or other action or
inaction, within the period and in the manner stated in such subdivisions, the City
at its option may declare a termination in favor of the City of the title, and of all
the rights and interest in and to the Property conveyed by the Deed to the
Developer, and that such title and all rights and interests to and in the Property,
shall revert to the City: Provided, that such condition subsequent and an revesting
of title as a result thereof in the City shall always be subject to and limited by, and
shall not defeat, render invalid or limit in any way (a) the lien of any mortgage (b)
any right or interest provided in the Agreement for the protection of the holder of
such mortgage. In addition to the right of re-entry and revesting of title provided
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for in the preceding sentence, upon the occurrence of a default, failure or violation
by the Developer as specified in said sentence, the City shall also have the right to
retain the purchase price as liquidated damages.
(d) Other Rights and Remedies of City No Waiver by Delay. The City shall
have the right to institute such actions or proceedings as it may deem desirable for
effectuating the purposes of this Section, including also the right to execute and r.fi
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record or file among the public land records in the office in which the Deed is
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recorded a written declaration of the termination of all the right, title and interest
of the Developer, and (subject to such mortgage liens and leasehold interests as
provided in this Section hereof), its successors in interest and assigns, in the
Property, and the revesting of title thereto in the City: Provided, that any delay by
the City in instituting or prosecuting any such actions or proceedings or otherwise
asserting its rights under this Section shall not operate as a waiver of such rights or
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to deprive it of or limit such rights in any way (it being the intent of this provision
that the City should not be constrained, so as to avoid the risk of being deprived of
or limited in the exercise of the remedy provided in this Section because of A
f;
concepts of waiver, latches, or otherwise to exercise such remedy at a time when
it may still hope otherwise to resolve the problems created by the default f
involved); nor shall any waiver in fact made by the City with respect to any
specific default by the Developer under this Section be considered or treated as a
waiver of the rights of the City with respect to any other defaults by the
Developer under this Section or with respect to the particular default except to the
extent specificaly waived in writing.
SECTION 12. RESALE OF REAQUIRED PROPERTY:
DISPOSITION OF PROCEEDS
Upon the revesting in the City of title to the Property or any part thereof as
provided in Section 11, the City shall use its best efforts to resell the Property or {
part thereof (subject to such mortgage liens and leasehold interest as in Section 11
i,
set forth and provided) as soon and in such manner as the City shall
A,
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find feasible and consistent with the objectives of applicable law and of the Urban
Renewal Plan to a qualified and responsible party or parties (as determined by the
City) who will assume the obligation of construction and/or rehabilitating the
Improvements or such other improvements in their stead as shall be satisfactory to
the City and in accordance with the uses specified for such Property or part
thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds
z:
thereof shall be applied.
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I (a) Flr:.t, to r.-mdt m:.. 1n , � a
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r MI , nr.l :nvr � ,. 1171.-,! Thi th, _k
City, including, but not limited to, salaries of personnel in connection with the
recapture, management, and resale of the Property or part thereof (but less any
income derived by the City from the Property or part thereof in connection with
such management); all taxes, assessments, and water and sewer charges with
respect to the Property or part thereof (or, in the event the Property is exempt
from taxation or assessment or such charges during the period of ownership thereof
by the City, an amount equal to such taxes, assessments, or charges (as determined
by the City assessing official) as would have been payable if the Property were not
attstpptl ttMt yalrtottr is "&A* or t "4e440t t to ttw aaefe to dtagbArew tssry
aM'u nibsan< ea sw lien* oa k-si int sr! lh1 Pt.",Iia sae pert tlwto ,.f at the 94sr4. of i.
revesting of title thereto to the City or to discharge or pr"ant from ttttaeblag or
being made any subsequent encumbrances or liens due to obligations, default&, or
acts of the Developer, its successors or transferees; and expenditures made or
obligations incurred with respect to the making or completion of the Improvements
or any part thereof on the Property or part thereof; and any amounts otherwise
owing the City by the Developer and its successors or transferees; and
(b) Second, to reimburse the Developer, its successors or transferees, up to
the amount equal to (1) the sum of the purchase price paid by it for the Property (or
allocable to the part thereof) and the cash actually invested by it in performing any
yam, construction or rehabilitation of the Improvements on the Property or part thereof,
4W meow` withdrawn
Mr made by it tro rp the AQraeenant sn• the
r'S rad ra fir s k rr' ,...'" ` '�4f+`dr�•D3F R�.'.�� ;fi"' '.+d9F, 7rt.' ' FM
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**�4'� �"��`dx�,• .c's s� myYYr�.�. r<r r +xy „" 4- ?+'%„r� Ma..°�a9.'�� �°�"Y3". k. Yi � �
��24 °�"&` L :x 'h�,k�.; 0.a'44"•..wM$v. Yom' -�� yg .. 3, K�� !T-!r. '++d' # �,yam.n+ar'"Y"`r�;y. r y...
y- a „a„ r• vi'X -
� mss:' $
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. !� a•.. ,� A 9` '""':.a - � r `. ..+.p - c.�Y. r4✓H's• - �-c- =r$--,s�i. � .
+,v �, 'aa � ., tar •'s :a� '.:�r"y f-� -�,'s �..�"T�-" "� r r� "ka�s
w .,x.
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Property.
Any balance remaining after such reimbursements shall be retained by the City
as its property.
SECTION 13. CONFLICT OF INTEREST: CITY'S REPRESENTATIVES NOT
INDIVIDUALLY LIABLE.
No member, official, or employee of the City shall have any personal interest,
in this Agreement, nor shall any such mrmber, official, or employee partiripatr in
aac it t in:i. ,. r••latin}: t• Oil, At'*.- .. r. t.j.it , a!! r, lit- ;l,, gal ia, . r . n• it ,
- to1• rr:,tti ! a,: ' cor wratwn riner:.hi or an:.c�r ration rn will• h h•
} 1 � P•' P. ir,, durctly or
indirectly, interested. No member, official, or employee of the City shall be
personally liable to the Developer or any successor or any obligation tinder the
terms of this Agreement.
SECTION 14. PROVISIONS NOT MERGED WITH DEED.
No provision of the Agreement is intended to or shall be merged by reason of s
1
any deed transferring title to the Property from the City to the Developer or any
successor in interest, and any such deed shall not be deemed to affect or impair the
proses OM 40d covolm"t4 of this Awooment.
t 1.&e 4 tsar, 1,t 9,t psaooo o§. look S$:io* Ito : ..w..s so ±
icaastitute ,om+a sa8 tha u�ia iastruenaat. '?ry
IN WITNBBS WHSR®OF, the City has caused this Agreement to be duty
executed in its name and behalf by the Mayor and its seal to be hereunto duly
affixed and attested and the Developer has signed and sealed the same on or as of
the day and year first above written.
ATTEST CITY OF SALEM
IN THE PRESENCE OF: Br: ) r
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(JeALn A. Levesque, Mayor
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of `.'�'' � s r� '�� u .�' r �'A� .°'.. " r..;.�� - ew.y3t^;•r�'#e z w„ �w,�` hS. � aa„ .
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EXHIBIT .
BK.5475 PG562
YAAAACMVbt"&4UMOLAIM DIED 6M aff VDAM t1MD,VWVA1n N\
I, Siater Maria of the Sisters of St. Chretienne, formerly Eulalie
Jannery, formerly of Salem, Essex County, Massachusetts, and now of
Quebec, Canada,
Cf— _dsnht7� �Ns�eebuse�l�
kk)5%mw*m;ad,for conalderation paid, grant W the City of Salem, a Municipal Corpora-
tion established under the laws of the Commonwealth of Massachusetts,
• o
�- wltb rjultrlahn raurnants
thehndln said Salem with the buildings thereon, bounded and described
as followat _--W.wdtr�d..Iw1...aiFwy_
EASTERLY by Crombio Street, seventy-seven (77) foot,
SOUTHERLY by land now or formerly of Stevens, sixty (60) feet, ,
WESTERLY by land now or formerly of Wardwell, seventy-five and
seventy-five one-hundredths (75.75) feet, and - ." • •
NORTHERLY _ by land now or formerly of McGee and Geary, seventy-four
(74) feet.
Being the same premises conveyed to me and my deceased sister E=. a A. ^
Jannery by deed of Elmer W. Leibsch, dated Jaly 28 , 1947 , and recorded
with Essex South District Registry of Deeds, Boo;c 3559, Page 466.
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Ti• ' Se
- -- , � lot
I3 � .0 �hJ,f. rr.ia: •.0/Z9')htll�a�auti t .
1200 =
K. _.. .•.'•.� :... ' N ;e.'s`-. �:y,.i it .—:�`'
.- . 'rC'le9fC"'tOtili(�aitiellT7lhTf'b'�Itn)f— •t)oMlPB�1d w�' —�'�er�t7tlR7LTllllRll►'� }.
iAi)ataa my bund and red thit _19__L7
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AAOVZNCE O&„OVEDEC
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a A1k1F 'ikltl64 Eur► ►84e'e of Ot
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SCHEDULE B
1 . Commencement of Construction - June 1 , 1982
2 . Completion of Construction - April 1 , 1983
P}rt P��+ss1 � �lY i i G11Y Vr JHLGIYI (EXHT} P .Crs) '
Yea and Nay Vote of City Council
Itar gj)or requesting auth. to sell
a 1a or. larta at 10 Crombie St. & 262 Upon the Question of
r�r t ft. lrraccatci•
-with re,- t - of
;SC`/`tTLtfa]r i..Aust. Bldg. Inso. >�
yfai tlf„Tse K '' 1 i.
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9
Date 1980 Yea Nay' Present /bunt
Joseph M. Cantonno
3,
jra • r yn ;.John J. Giardi ✓ / 1 y 3
( t ^ I �lRobert E. Healey i V t�..�---
QQ r7
19 I 4 r Robert J. LeBlanc. Jr. ✓
I
� p /� I Stephan P + Oaaly -
�/.�'• �++7 r .-,-N-FF.
Jonn F. NC.it Or, III '
t 1`0{ t`Geor�c A. tdo:va .
W.
TI
G1ry_Ic�-1011 tizrch!13; 1900
� + ilartrc Sale of;land On Essex Street
.John R. Nutting '.
+�1,• itp0(39 -.rollscall vote Brien T.,O'Keefe
p}��ptiu3 :Sal on Crombie St. Frances J. Grace, Pres.
►rj rrol11ca11 vote of. 10-0-Oats. 1 ores
Total 1
Attest
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1'r6ronlad to tn0 h1:1yrn ?sr c :i,;o•�o'i ` , tl
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MAR 1719A _,_._ City Clwk ,
/�`InsYJti ln,_._...___._ _..._ _..._ ' .� •q � i.l ! r t _' 4 . � s � .h(. 1F11��!F.a{t { �
j �-.•.+ r §,F..t�,, l' , it.<- ' I 1 ��,'f7rr � r �a
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delivery of the Deed in Section 2(b) and shall be completed in accordance with the
construction work write-up contained in Exhibit B attached hereto and
incorporated herein by reference. Said work write-ups for the development of the
1 property shall be in conformity with the Urban Renewal Plan, and all applicable
N
{ State and local laws and regulations. The term "Improvements', as used in this
1� Agreement, means the improvement indicated in the construction work write-ups
I'
iiand proposal of Developer, attached hereto and incorporated herein by reference as
Exhibit D - -
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1i (b) Time of Submission of Construction Plans. The time within which the
�. Developer shall originally submit its "Construction Plans" to the City in any event
I
shall not be later than March 15, 1981.
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(c) Time for Submission. of Corrected Construction Plans. Except as provided
in Paragraph (d) of this Section, the time within which the Developer shall submit
any new or corrected Construction Plans to the City for approval hereof shall be no
'i later than thirty (30) days after the date the Developer receives written notice
is
from the CITY of the CITY's rejection of the Construction Plans referred to in the
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H latest such notice.
(d) Maximum. Time for.Approved Construction Plans. In any event, the time
9
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A
CONTRACT FOR SALE OF LAND
FOR PRIVATE DEVELOPMENT I
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AGREEMENT, made on or as of the A "day of �9ff Z
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by and between City of Salem (hereinafter called "City"), and David F. Jaquith
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(hereinafter called "Developer").
WITNESSETH j
WHEREAS, the City and the Salem Redevelopment Authority are engaged in
carrying out an urban renewal project known as the "Heritage Plaza West Urban
Renewal Project" (hereinafter called "Project") in an area (hereinafter called
"Project Area") located in the City; and i
WHEREAS, as of the date of the Agreement there has been prepared and {
approved by the Salem Redevelopment Authority and other public agencies as
required by law an urban renewal plan, as amended, for the Project, (which plan, as
so amended, and as it may hereafter be further amended from time to time `
pursuant to law, and so constituted from time to time, is, unless otherwise
indicated by context, hereinafter called "Urban Renewal Plan"); and
WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the
Agreement has been filed in the office of the Clerk of the City; and
WHEREAS, the City has offered to sell to the Developer certain real property
located in the Project Area and more particularly described in Exhibit A annexed
I
hereto and made a part hereof (which property as so described is hereinafter called
"Property") and the Developer is willing to purchase and rehabilitate the property
in accordance with the plans and specifications (rehabilitation) described in Exhibit
B annexed hereto and made part hereof (which development proposal is hereinafter
called ("Proposal") and in accordance with the uses specified in the Urban Renewal
Plan and in accordance with the Agreement; and
WHEREAS, said property has been declared to be no longer required for public
purposes by the City of Salem's Dept. of Public Works and Dept. of Public Property
having charge thereof; and
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WHEREAS, the Mayor of the City has been duly authorized to sell said property
by City Council Order dated March 13, 1980 in accordance with Massachusetts
General Law, Chapter 43, Section 15 a co 1
r copy of which is attached hereto as Exhibit i
C
NOW, THEREFORE, the City and the Developer hereby covenant and agree
each with the other as follows: i
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SECTION 1. SALE: PURCHASE PRICE
i
Subject to all the terms, covenants, and conditions of the Agreement, the City
will sell the Property to the Developer for, and the Developer will purchase the
Property from the City and pay therefor, the amount of Seven Thousand Seven
Hundred and 00/100 ($7,700.00) Dollars, hereinafter called "Purchase Price", to be j
paid in cash_ or bycertifiedcheck simultaneously with the delivery of the Deed
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conveying the Property to the Developer.
SECTION 2. CONVEYANCE OF PROPERTY
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(a) Form of Deed. The City shall convey to the Developer good and clear I
record and marketable title to the Property b
P Y Y quitclaim deed (hereinafter called
"Deed"). Such conveyance and title shall, in addition to the condition subsequent
provided for in Section 13 (c) hereoft
and to all other conditions, covenants, and
restrictions set forth or referred to elsewhere in the Agreement, be subject to the
following:
1• Completion of the requirements set forth in Schedule B, attached and
made a part hereof; i
2. Maintenance of the exterior appearance, asset forth in Schedule B, for
the life of the Urban Renewal Plan controls;
3. The use restrictions and design review procedures and controls set forth in
the Urban Renewal Plan ;
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5. Applicable building and zoning laws and regulations. i
(b) Time and Place for Delivery and Acceptance of Deed. The City shall
deliver the Deed and possession of the Property to the Developer at 10:00 A.M. on
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or before May 1, 1981.or at such other time or date as the parties hereto may I
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mutually agree in writing, and the Developer shall thereupon accept the Deed and
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join, as grantee, in the execution thereof.
(c) Recordation of Deed. The Developer shall promptly file the Deed for
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recordation among the land records of the place in which the property is situated.
The Developer shall pay all costs (including the cost of the state documentary `
stamp tax on the Deed, for which stamps in the proper amount shall be affixed to
the Deed by the Developer) for so recording the Deed.
SECTION 3. GOOD FAITH DEPOSIT I
The Developer has, prior to or simultaneously with the execution of this
Agreement, delivered to the City a Good Faith Deposit of cash or certified check
satisfactory to the City in the amount 10% of purchase price, hereinafter called
"Deposit". The Deposit shall serve as security for the performance of the
obligations of the Developer to construct or to rehabilitate the Improvements as
provided herein. The Deposit shall be returned to the Developer upon issuance of
the certificate of completion pursuant to Section 8 or retained by the City as
liquidated damages in accordance with the provisions of Section 15.
SECTION 4 SCHEDULE FOR CONSTRUCTION PLANS AND
SPECIFICATIONS: COMMENCEMENT AND COMPLETION OF
WORK.
a) The construction of the improvements referred to in the remainder of this
Section shall be commenced in any event within ten days after the date of
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delivery of the Deed in Section 2(b) and shall be completed in accordance with the
construction work write-up contained in Exhibit B attached hereto and
incorporated herein by reference. Said work write-ups for the development of the
property shall be in conformity with the Urban Renewal Plan, and all applicable
State and local laws and regulations. The term "Improvements", as used in this
Agreement, means the improvement indicated in the construction work write-ups
and proposal of Developer, attached hereto and incorporated herein by reference as
Exhibit D.
(b) Time of Submission of Construction Plans The time within which the
Developer shall originally submit its "Construction Plans" to the City in any event
shall not be later than March 15, 1981.
(c) Time for Submission of Corrected Construction Plans. Except as provided
in Paragraph (d) of this Section, the time within which the Developer shall submit
any new or corrected Construction Plans to the City for approval hereof shall be no
later than thirty (30) days after the date the Developer receives written notice
from the CITY of the CITY's rejection of the Construction Plans referred to in the
latest such notice.
(d) Maximum Time for Approved Construction Plans In any event, the time
within which the Developer shall submit Construction Plans which conform to the
requirements of the City and are approved by the City shall be not later than thirty
(30) days after the date the Developer received written notice from the City of the
City's first rejection of the original Construction Plans submitted to it by the
Developer.
(e) Time for City Action on Change in Construction Plans The time within
the City may reject any change in the Construction Plans, shall be thirty (30) days
after the date of the City's receipt of notice of such change.
(f) Time for Submission of Evidence of Equity Ca ital and Mortgage
Financin¢. The time within which the Developer shall submit to the City, in any
event, evidence as to equity capital and any commitment necessary for mortgage ;
fi
financing, shall not be later than five (5) days after the date of written notice to
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the Developer of approval of the Construction Plans by the City, or, if the
Construction Plans shall be deemed to have been approved, after the expiration of
five (5) days following the date of receipt by the City of the Construction Plans as
deemed approved.
SECTION S. DEVELOPER'S OBLIGATIONS TO RUN WITH THE LAND
The Developer agrees of itself, its successors and assigns, and every successor
in interest to the Property, or any part thereof, and the Deed shall contain
covenants on the part of the Developer for itself and its successors and assigns,
that the Developer, and its successors and assigns, shall promptly begin and
diligently complete the Development and/or rehabilitation of the Property through
the construction and/or rehabilitation of the Improvements thereon, and that the
construction or rehabilitation shall in any event be begun and completed within the
period specified in Section 4. It is intended and agreed, and the Deed shall so
expressly provide, that these agreements and covenants shall be covenants running
with the land, binding for the benefit of the City, and enforceable by the City
against the Developer and its successors and assigns to or of the Property or any
part thereof or any interest therein.
SECTION 6 CERTIFICATE OF COMPLETION
Promptly after completion of the construction and/or rehabilitation of the
Improvements in accordance with this Agreement, the Building Inspector of the
City will furnish the Developer with an appropriate instrument so certifying. The
Certification by the Building Inspector shall be (and it shall be so provided in the
Deed and in the certification itself) a conclusive determination of satisfaction and
termination of the covenants in the Agreement and the Deed with respect to the
obligations of the Developer and its successors and assigns to construct and/or
rehabilitate the Improvements and the dates for the beginning and completion
thereof. The certification shall be in such form as will enable it to be recorded. If
the Building Inspector shall refuse or fail to provide the certification, the Building
Inspector shall, within thirty (30) days after written request by the Developer,
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provide the Developer with a written statement indicating in adequate detail how
the Developer has failed to complete the construction and/or rehabilitation of the
Improvements in conformity with the Urban Renewal Plan or this Agreement, or is
otherwise in default, and what measures or acts it will be necessary, in the opinion
of the City, for the Developer to take or perform in order to obtain the
certification. Such certification and such determination shall not constitute
evidence of compliance with or satisfaction of any obligation of the Developer to
any holder of a mortgage, or any insurer of a mortgage, securing money loaned to
finance the Improvements or any part thereof.
SECTION 7. RESTRICTIONS ON USE
j
The Developer agrees for itself, and its successors and assigns, and every i
successor in interest to the Property, or any part thereof, and the Deed shall
contain covenants on the pazt of the Developer for itself, and its successors and
assigns, that the Developer and its successors and assigns shall:
(a) Devote e the Property only to and in accordance with the uses specified in
the Urban Renewal Plan; and
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(b) Not discriminate upon the basis of race, color, creed, or national origin in i
411
the sale lease or rental or in the use or occupancy of the Property of any
improvements located or to be erected thereon, or any part thereof.
SECTION 8. COVENANTS BINDING UPON SUCCESSORS IN INTEREST;
PERIOD OF DURATION
It is intended and agreed, and the Deed shall so expressly provide, that the
covenants provided in Section 5, 7, 9, 10 shall be covenants running with the land
binding to the fullest extent permitted by law and equity for the benefit and in
favor of, and enforceable by the City, and the owner of any other land (or of any
interest in such land) in the Project area which is subject to the land use
requirements and restrictions of the Urban Renewal Plan, and, against the
Developer, its successors and assigns, and every successor in interest to the
Property or any part thereof or any interest therein, and any party in possession or
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occupancy of the Property or any part thereof. It is further intended and agreed
that the covenant provided in Section 7b shall remain in effect without limitation
as to time. The terms "use specified in the Urban Renewal Plan" and "land use"
referring to provisions of the Urban Renewal Plan, or similar language, in this
Agreement shall include the land and all building, housing, and other requirements
or restrictions of the Urban Renewal Plan pertaining to such land.
SECTION 9. MORTGAGEES NOT OBLIGATED TO CONSTRUCT.
Notwithstanding any of the provisions of this Agreement, including but not
limited to those which are intended to be covenants running with the land, the
holder of any mortgage authorized by this Agreement (including any holder who
obtains title to the Property or any part thereof as a result of foreclosure
proceedings, or action in lieu thereof, but not including (a) any other party who
thereafter obtains title to the Property or such part from or through such holder or
(b) any other purchaser at foreclosure sale other than the holder of the mortgage
itself) shall not be obligated by the provisions of the Agreement to construct
and/or rehabilitate or complete the construction and/or rehabilitation or
completion, nor shall any covenant or any other provision in the Deed be construed
to so obligate such holder. Nothing in this Section or any other Section or provision
of the Agreement shall be deemed or construed to permit or authorize any such
holder to devote the Property or any part thereof to any uses or improvements
provided or permitted in the Urban Renewal Plan, the City of Salem Zoning
Ordinance, and this Agreement.
SECTION 10. ENFORCED DELAY IN PERFORMANCE
Neither, the Developer, nor any successor in interest, shall be considered in
breach, or default of, its obligations with respect to the preparation of the
Property for development or rehabilitation, or the commencement and completion
of construction or rehabilitation of the Improvements, in the event of enforced
delay in the performance of such obligations due to unforeseeable cause beyond its
control and without its fault or negligence. The time for the performance of the
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obligations shall be extended for the period of the enforced delay, as determined by
the Building Inspector, if the party seeking the extension shall request it in writing
of the other party within ten (10) days after the beginning of the enforced delay.
SECTION U. REMEDIES
(a) In General. Except as otherwise provided in this Agreement, in the event
of any default in or breach of the Agreement, or any of its terms or conditions, by
either party hereto, or any successor to such party, such party (or successor) shall,
upon written notice from the other, proceed immediately to cure or remedy such
default or breach, and, in any event, within sixty (60) days after receipt of such
notice. In case such action is not taken or not diligently pursued, or the default or
breach shall not be cured or remedied within a reasonable time, the aggrieved
party may institute such proceedings as may be necessary or desirable in its opinion
to cure and remedy such default or breach, including, but not limited to,
proceedings to compel specific performance by the party in default or breach of its
obligations.
(b) Prior to Conveyance. In the event that prior to the conveyance of the 1
Property the Developer assigns or attempts to assign this Agreement or any rights
a'
hereunder, or there is any change in the ownership or distribution of the stock of
the Developer or with respect to the identity of the parties in control of the
Developer or the degree thereof, or the Developer fails to pay the Purchase Price
and take title to the Property upon tender of conveyance by the City, then this
Agreement and any rights of the Developer in this Agreement may at the option of
r
the City be terminated by the City and the Deposit retained by the City as
liquidated damages. In the event that the City does not tender conveyance or F
possession of the Property as provided in this Agreement or the Developer
furnishes evidence satisfactorily to the City within fourteen (14) days, that it has
effort to obtain mortgage financing for the construction
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and the Deposit returned, without interest, to the Developer.
(c) Revesting Title in City upon Happening of Event Subsequent to
Conveyance to Developer. In the event that subsequent to conveyance of the
Property or any part thereof to the Developer, and prior to completion of
construction and/or rehabilitation of the Improvements as certified by the City the
Developer (or successor in interest) shall default in or violate its obligations with
respect to the construction of the Improvements (including the nature and the
dates for the beginning and completion them), or shall abandon or substantially
suspend construction or rehabilitation work, and any such default, violation,
Abandonment, or suspension shall not be cured, ended or.remedied within ninety �x
(90) days if the default is with respect to the date for completion of construction \� /1bI
of rehabilitation of the Improvements after written eman y
e i y so to dog
then the City shall h� the right to re-enter and take possession of the
and to terminate (and revest in the City) the estate conveyed by the Deed to the
Developer, it being the intent of this provision, together with other provisions of j
this Agreement, that the conveyance of the Property to the Developer shall be
made upon, and that the Deed shall contain, a condition subsequent to the effect
that in the event of any default, failure, violation, or other action or inaction by
the Developer specified in this Agreement, failure on the part of the Developer to
remedy, end, or abrogate such default, failure, violation, or other action or
inaction, within the period and in the manner stated in such subdivisions, the City
at its option may declare a termination in favor of the City of the title, and of all
the rights and interest in and to the Property conveyed by the Deed to the
Developer, and that such title and all rights and interests to and in the Property,
shall revert to the City: Provided, that such condition subsequent and an revesting
mited by, and
f title as a result thereof in the City shall always be subject to and li
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for in the preceding sentence, upon the occurrence of a default, failure or violation
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by the Developer as specified in said sentence, the City shall also have the right to
retain the purchase price as liquidated damages.
(d) Other Rights and Remedies of City No Waiver by Delay. The City shall
have the right to institute such actions or proceedings as it may deem desirable for
effectuating the purposes of this Section, including also the right to execute and
record or file among the public land records in the office in which the Deed is
recorded a written declaration of the termination of all the right, title and interest
of the Developer, and (subject to such mortgage liens and leasehold interests as
provided in this Section hereof), its successors in interest and assigns, in the
Property, and the revesting of title thereto in the City: Provided, that any delay by
the City in instituting or prosecuting any such actions or proceedings or otherwise
asserting its rights under this Section shall not operate as a waiver of such rights or
to deprive it of or limit such rights in any way (it being the intent of this provision
that the City should not be constrained, so as to avoid the risk of being deprived of
or limited in the exercise of the remedy provided in this Section because of
concepts of waiver, latches, or otherwise to exercise such remedy at a time when
it may still hope otherwise to resolve the problems created by the default
involved); nor shall any waiver in fact made by the City with respect to any
specific default by the Developer under this Section be considered or treated as a
waiver of the rights of the City with respect to any other defaults by the
Developer under this Section or with respect to the particular default except to the
extent specificaly waived in writing.
SECTION 12. RESALE OF REAQUIRED PROPERTY:
DISPOSITION OF PROCEEDS
Upon the revesting in the City of title to the Property or any part thereof as
provided in Section 11, the City shall use its best efforts to resell the Property or
part thereof (subject to such mortgage liens and leasehold interest as in Section 11
set forth and provided) as soon and in such manner as the City shall
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find feasible and consistent with the objectives of applicable law and of the Urban
Renewal Plan to a qualified and responsible party or parties (as determined
City) who will assume the obligation of construction and/or rehabilitating the
Improvements or such other improvements in their stead as shall be satisfactory to
the City and in accordance with the uses specified for such Property or part
thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds
thereof shall be applied.
(a) First, to reimburse the City, for all costs and expenses incurred by the
City, including, but not limited to, salaries of personnel in connection with the
recapture, management, and resale of the Property or part thereof (but less any
income derived by the City from the Property or part thereof in connection with
such management); all taxes, assessments, and water and sewer charges with
respect to the Property or part thereof (or, in the event the Property is exempt
from taxation or assessment or such charges during the period of ownership thereof
by the City, an amount equal to such taxes, assessments, or charges (as determined
by the City assessing official) as would have been payable if the Property were not
so exempt) any payments made or necessary to be made to discharge any
encumbrances or liens existing on the Property or part thereof at the time of
revesting of title thereto in the City or to discharge or prevent from attaching or
being made any subsequent encumbrances or liens due to obligations, defaults, or
acts of the Developer, its successors or transferees; and expenditures made or
obligations incurred with respect to the making or completion of the Improvements
or any part thereof on the Property or part thereof; and any amounts otherwise
owing the City by the Developer and its successors or transferees; and
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(b) Second, to reimburse the Developer, its successors or transferees, up to
the amount equal to (1) the sum of the purchase price paid by it for the Property (or
allocable to the part thereof) and the cash actually invested by it in performing any
construction or rehabilitation of the Improvements on the Property or part thereof,
less (2) any gains or income withdrawn or made by it from the Agreement or the
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Property.
Any balance remaining after such reimbursements shall.be retained by the City
as its property.
SECTION 13. COL LIABLE.CT O y �
INTEREST, CITY-S REPRESENTATIVES NOT
I
No member, official, or employee of the City shall have any personal interest,
in this Agreement, nor shall any such member, official, or employee participate in
any decision relating to this Agreement which affects his personal interests or the
interests of any corporation, partnership, or association in which he is, directly or
indirectly, interested. No member, official, or employee of the City shall be
personally liable to the Developer or any successor or any obligation unh
terms of this Agreement. der te
SECTION 14. PROVISIONS NOT MERGED WITH DEED.
No provision of the Agreement is intended to or
shall be mer
any deed transferring title to the merged b Y reason of
Property from the City to the Developer or any
successor in interest, and any such deed shall not be deemed to affect or impair the
provisions and covenants of this Agreement.
SECTION 15. COUNTERPARTS
The Agreement is executed in three
(3) counterparts, each of which shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the Cit has
Y caused this Agreement to be duly
executed in its name and behalf by the Mayor and its seal to be hereunto duly
affixed and attested and the Developer has signed fined and sealed the same on or as of
the day and year first above written.
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ATTEST
IN THE PRESENCE OF: CITY OF SALEM
B ;
Je A. Levesque, Mayor 3
APPROVED AS TO FORM: 5
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BK5475 PG562 .: .
. - MA"Ac."asTra ounal.Awn DtaD a1Wi'r roaw tutav WUK1 641
I, Sister Maria of the Sisters of St. Chretienne, formerly Eulalie
Jannery, formerly of Salem; Essex County, Massachusetts, and now of
Quebec, Canada,
of- -fsw+tyl A{.91ee1n1seH�
3etng+a+ttwsriari,for constderulos paid, grant to the City of Salem, a Municipal Corpora-
tion established under the laws of the .Commonwealth of Massachusetts,
o
of- with quitrinim rlmmants
the land in said Salem with the buildings thereon, bounded and described
as followsi H)eeaiplksataiec,astwrneew-1Fttvr}—
EASTERLY by Crombie Street, seventy—seven (77) feet,
ly SOUTHERLY by land now or formerly of..stevens, sixty (60) feet,
t, S ' WESTERLY by land now or formerly of Wardwell, seventy-five and
�. t seventy-five one-hundredths (75.75) feet, and
NORTHERLY: by land now or formerly. of McGee and Geary, 'seventy-four
{74) feet.
Being the same' prem,
ses•conveyed to me and my deceased' sister Enna A.
Jannery by deed of Elmer W. Leibsch, dated JULY 28, 1947, and recorded
with Essex South District Registry of De
e
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s, Book 3559, Page 466.
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reltase--iestdd;tatgeralFllg}ltsvf `A1���i�'t °� Y'—�sd,other+rtemtrtirezthr--
.. I -dewerendlla�lr')t:ad•- r =.
9Dlituss_ hand and teal thlt`8l day of—. 19 67
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PROVINCE OF.QUEBEC
CANADA XI#A June 8, 1967
Then personally appeared the above named Sister Maria of the Sisters of St.
i Ch reti nne formeal Eul 1ie JJanney ggormerly -of Salem, Essex County,:
Mae,Fackpn:., a�t�d ow o Queibe� Cher a,
an ec' uw s gc��hY ;>(c�u rg Instrmnel to her free act and dced, berore me
Z.
Nolay Public
),tie Comral"" L'aplrrl
>
b =Tmaab to C=- n—Tenrn b7 the Entirety.)
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SCHEDULE B
1 . Commencement of Construction - June 1 , 1982
2 . Completion of Construction - April 1 , 1983
f 1 pYai 9.11 a+r. ••••_ `
W I T Ur- JHLCIYI u n
(EXHIST7,' z•G: ) I
`Yea and Nay Vote of City Council
x�a. �tRy yWyor requesting auth. to sell
is ot. letxt 'at 10-Ccanbie St. s 262 '. Upon the Question of
&t: tri accord. •with reccmn. of
gGCeI.Wlitmar t,,Ass t. Dldg. Inso.
j;a 1
..M I Date 1980 vee Nay Present Absent {
s Joseph M. Centorino ( '
.John J. Giardi
t
Q ( r p Robert E. Healey
(��" 97 ( ,q Robert J. LeBlanc; Jr. ✓ —
� , p ! Lovely
P.
I O U i
. .George F. McCabe -
kvgkl� �FaBT! l 1 R
I< John F. Nestor, III '
r, a � ur lk' t
Pot
I' George A. Nowak �+
Cityrl�(btsJ�.�l VMacch1l3; 1980 t
+ gyp Sale`of land on Essex Street t :John R. Nutting
'61f21A120.7t18 zo11'.call vote Bnan`T.O'Keefe
thoriterSale ,of land on Crombie St.
n rr I Frances J: Grace, Pres
mll�call vtiEs of. 10-0-nabs. 1 ores
Total i
-
ti Mfr {, a Attesti i
�rcranled to the /.lJyor f0i 4" y;;OY!tc ; •; • � `"`'�."T 7�"'a-�� r. .` li
MAR 17 190
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(?itg of cttlem, Ittssttchusetts
!lcptrrtnrnt of jju6lic 33U[ICs
One �3nlcrn Girern -
RICHARD P. SWENSON. CX
ANTHONY V. FLETCHER. R.P.EAssistant 0"E,pinw
DIRECTOR Of PUBLIC SERVICES
CITY ENGINEER
ua^f 23, 19aO
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Mayor Jean A. Levesque
City Hall
93 WashingtOn Street
I Salem, Mass. 01970
bear Mayor Levesque-
I have reviewed the Parcel of land located at 10 Crombie Street
which is presentawned by the City of Salem.
presently There are no easements
hicks on the land and that it does not serve a useful
Or other enczutrance
ra:nicipal purpose-
and ra be sold at :air
t r �' L'at L' s Iand is surplus Y
" ±w _-.TD, I _�' gene al Plan.
t.. 1.='}y1
Angry 1etches
City Engits
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rl ?, 3 ublu Pra�TPxttr PPlrarfTnEftt
P1TTIbTTT$ CT)rFarhment
John P- Pofnern
' 5 Proab fsfreef -
745-D213
,
March 11, 1980
Honorable Jean A. Levesque
Mayor of Salem
City Hall
Salem, MA 01970
Dear Mayor Levesque:
Please be advised that in my opinion the
5,159 square foot parcel owned by the City of Salem
fronting on Crombie Street shown as Lot 454 on
Assessors' Map 26 does not have any projected use by
the City of Salem. -
I would support designating the land as
surplus.
Very truly yours,
I
Daniel F. Mansur
Assistant Building Inspector
DFIfL tc
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cc: Redevelopment Auth.
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EXHIBIT "Dn
September .10 .1980
ChristopherG: .Olney
Salem `Redevelopment Authority " til
One:�al-Pm;green
Salem, Massachusetts .01970
Dear Chris 1 :'. .
We would 3ike -to present -Our proposal for the development of "r
land at`.10=.Crombie Street, Salem:.:;::. .=. `
1 , Description of building:
Two andone-kialf 'story brick and wood'-frame, `2 family
townhouse (condominium) units. : Four cars parking (See
sketctres}�— =—
2, David F Jaquith
Architects &-Planners _ 4
11 Ober Street
Beverly;: Massachusetts 01915
Restoration and renovation of.. residence
11 Ober"Street, Beverly, Massachusetts 1968 'present
_ Redevelopment of :Nater Works ,building with Robert and George
Maguire_; Church ,:Street,: Salem, Massachusetts . ,;1975
3. '. David,F `.,Jaquith, Architect
11 Ober-Street, Beverly; Massachusetts
Salem projects
i s
Restoration-of old Salem Fire Station
Church :Street
central,-'.Street comlmircial/apartments
3 5 Central Streeth
4
Bancroft ,House Restaurant (now Churck's Steak House)
Derby Square
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11 OBER ST., BEVERLY MASSACHUSETTS 01915 '. '16171927-3745 OARCHITECTURE • PLANNING i URBAN DESIGN -
1
'Reconstruction of 298 -, 300 Essex Street into 15 apartments
and commercial shops
Brown Street Court office building
Brown Street Court
Restoration ..Of 5 North Street
Renovation and restoration of Union Street garage and the
Russian_Zlub
Derby and Union Streets
Renovation of '.124 - 126 Derby Street
. 'Auto Sales building for Russell Kiernan
335_Bridge Street
Renovation of 'Pickering Wharf Diarina
- Pickerino_aharf
Proposed office/residential building
Federal: Street (rear of old fire station) {
c
(under;. onstruction) :
4 Time table for development:
Fall start7 (=depending upon approvals) '•'
Late spring;pompletion, _
Sin erely, J .
-
'David F. a i h
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iI OBER ST., BEVERLY,'MASSACHUSETTS- 01915 (617)927-3745 0 ARCHITECTURE 0 PLANNING 0 URBAN DESIGN
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