13 CROMBIE STREET Jq'Ill
November 13, 1985
Salem Redevelopment Authority
one Salem Green
Salem, MA 01970
Dear Sirs:
This letter serves as formal notification of the completion of the facade
improvements (see attached) at our property at 13 Crombie Street.
Upon completion of the referenced items the Authority has agreed to
purchase a facade easement on this property for $12,400.00 or 50% of the cost of
the exterior restoration, whichever is less. In this regard I am requesting the
release ol $12,400.00 as payment for the facade easement.
Thank you for your consideration in this matter.
Sincerely,
Ruth Wall
C-01
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Doyle Contracting
P.O. Box 408
Beverk, 01915
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Beverly, Mass. 01915
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Page No. V of 3 Pages
rrMAVERICK CONSTRUCTION'Cl
15 Forest Ave.
SALEM, MASSACHUSETTS 01970
(617) 745-3498
Licensed and Insured
PROPOSAL SUBMITTED TO PHONE DATE
M.q- pllfb lipricill `745-�5806 Dec. 26. 1984
STREET JOB NAME
-iA q-rnn11)iP Sf--
CITY, STATE ANO ZIP CODE JOB LOCATION
R-lean - f4p.pp- O-lQr7()
ARCHITECT -- I DATE OF PLANS
We hereby submit specifications and estimates for:
9. Repla I ze a 15' to 201 section of facia)on south side of house.
10. Stain entire.,house 2 coats of Ben Moore lor equivalent oil base
pbiht. Paint windows� one coat Bem Moore oil base paint after
glazing.
11 . Repair 2 enterance doors. Please note that the kitchen door
has been broken at the �assage set and lock area. This
area may have to be rebuilt; at cost plus.
12. Notes:
A.Due to the age and condition of the existing building we can
not guarentee that windowa doors plaster walls and ceilings
will not crack and distort. We will be as carefull as possible.
B. We were unable to determin the condition of the remaining
3 cornor posts . if. repair or replacement is necessary
there would be a cost of $20.00 per man hour plus materials
and 10% . An evaluation of m/1 will be given to you
prior to any work now hidden so you can have an idea
�what ,the possible work and, cost could be*
IN, Propillit' hereby to fUrnish material and labor - complete in accordance with above specifications., for the sum of:
Payment to be made as follows: dollars ($
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices.Any alteration or devratum from above specifics Authorized
tions involving extra costs will be executed only upon written orders,and will become an Signature
extra charge over and above the estimate.All agreements contingent upon strikes,accidents
or delays beyond our control.Owner to carry fire,tornado and other riecessar,insurance. Note:This proposal may be
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days.
ArajI of frojinjad—The above prices, specifications
d !e I S ali
C
S
0
and Frconditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance: Signature
FORM 118-3 COPYRIGHT 1960- Avadiablefrom j�Inc.,Groton,Mass,01450
Page No. of 3 Pages
FFMAVERICK CONSTRUCT16N CO.
15 Forest Ave.
SALEM, MASSACHUSETTS 01970
(617) 745-3498
Licensed and Insured
IPROPOSAL SUBMITTED TO PHONE DATE
T4q- Riith 1nl I ?Lq_;iiR0f7, I ?F� IqR4
STREET JOB NAME-
,1 ,-� n�pmhi P.
CITY, STATE AND ZIP CODE JOB LOCATION
mnixf.in!_ 0,10r)n
ARCHITECT I DATE OF PLANS JOB PHONE
We hereby submit specifications and estimates for:
1 . Jack house where required. Remove up to 50� of the existing
house sills where rottedL. 2. 6place with pressure treated or
preserved timbers. .
2. Point bricks where necessary.
3. Rip off all clap board and corner trim to freeze board including
water tables.
4. Remove all distorted, damaged or rotted sheething, up to 30;r,
of the total sq. footage of the outer walls. Replace with eqial
thickness wafer blard or sheething. Excess of 30% will be at
cost plus.
5. Repair left rear corner post by means of lap joint about 4'
from ground. NOTE: Subject to building dept. approval.
6. Replace one window sill.
7. Replace kitchen door threshold with a hard pine threshold.
8. Install red cedar clap boards on entire house over 15 lb. felt
paper. Install drip edge over doors and windows where new
siding� is applied. I —
tlroprigr hereby to furnish material and labor — complete in.accordance with above s pecifications, for the sum of:
dollars($
Payment to be made as follows:
LAll material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices.Any alteration or deviation from above sitecifica Authorized
A afieroc I 'a guaran.l.ex
to" an r I
-nn. - carding to an
tions involving extra costs will be executed only upon written orders,and will become an Signature
extra charge over and above the estimate.All agreements contingent upon strikes,accid a its
or delays beyond our control.Owner to carry fire,tornado and other receasary i man ral oce. Note:This proposal may be
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days.
Arreptanu of proposal—The above prices, specifications
and conditions:aresatisfactory and are hereby accepted. You are authorized Signature
to do the work as specified.Payment will be made as outlined above.
D t of ': Signature
C pt,
ate of Acceptance:
FORM118-3 COPYRIGHT1960- Available from J�Inc,Groton.Mass.014W
Page lo. of Pages
MAVERICK CONSTRUCTION CO.
15 Forest Ave.
SALEM, MASSACHUSETTS 01970
(617)745-3498
Licensed and Insured
PROPOSAL SUBMITTED TO PHONE DATE
STREET JOB NAME
CITY. STATE AND ZIP CODE JOB LOCATION
ARCHITECT DATE OF PLANS -7 PHONE
We hereby submit specifications and estimates for:
13. Est starting date Mid Jan 85 Est completion date within 60 days
subject to weather etc.
14. Price for above is $24835.00 held for 45 days from above
date. Schedule of payments to follow.
FroposV hereby to furnish material and labor complete in accordance with above specifications, for the sum of:
Payment to be made as follows: dollar.s($
All material is guaranteed to be as specified. Ali work to be completed in a workmanlike
manner according to standard practices.Any alteration or deviation from above specifica Authorized
tions involving extra costs will be executed only upon written orders, and will become an Signature
extra charge over and above the estimate.All agreements contingent upon strikes,accidents
or delays beyond our control. Owner to carry fire,tornado and other necessary insurance. Note:This proposal may be
Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not.accepted within days.
Arreptattre of Froposal—The above prices, specifications
and conditions are satisfactory and are hereby accepted. You are authorized Signature
to do the work as specified. Payment will be made as outlined above.
Date of Acceptance: Signature
FORM 118-3 COPYRIGHT 1960- Available from��Inc.,Groton Mass,01450
VAL
to
Page No. of Pages
ACE
PAMING
14 STORY STREET, SALEM, MASS. 01970 0 745-8274
'PRO u EIMITTED TO PHONE DATE
Za`c�"O'e C -LC.L4
C' 1,,j,
STREET 108 NAME
V3 S,If
CITY, STATE AND ZIP CODE JOB LOCATION
DATE OF PLANS
ARCHITECT —1
We hereby submit specifications and estimates for:
+Wo C oA—t S o il— V3 ik�i S e ro '--te"i C A P
A.$-q to Q I.
I%"r_UvDe-S
109 11rOPLISP hereby to furnish material..and labor — complete in accordance with above specifications, for the sum of:
dollars ($
Payment to be made as follows:
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices.Any alteration or deviation from above specifics Authorized
tions involving extra costs will be executed only upon written orders,and will become an Signature
extra charge over and above the estimate.All agreements contingent upon strikes,accidents
a,delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note:This proposal may be
Our workers are fu Ily covered by Workmen's Compensation Insurance, withdrawn by us it not accepted within days.
ve
ro
Aralitunre of jlroposal-Th.above prices, specifications
a
t cry , d !e hen
'h paym t wII
and conditions are satisfactory and are hereby accepted., You are authorized Signature
to do the work as specified.Paymentwill be made as outlined above.
Date of Acceptance: Signature
13) Take care not to damage existing windows, doors, plaster walls, and ceilings as work
progresses.
14) Install one No. HRW 2-6, Mfg. Brosco, Y2 round window over one 6-pane wooden casement in
attic wall facing back yard.
15) Install one No. SV 13, Mfg. Roto R02247, roof window on line side of house roof.
TOTAL $25,430.00
NOTE: Prior to start of construction, contractor will be unable to determine the condition of the
corner posts except for the one at the left rear corner. If repair or replacement is
necessary, there will be a cost of $20.00 per man hour plus materials and 10%.
.. .......... ------ ...
It
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i"M
:,jai �J'
1-1A
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fa.
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Jack house where- required. . Remove up to 50',o' of the existing
house sills where. rotted. Replace with pressure treated or
preserved timbers, or PT laminated stock.
2. Point bricks where necessary, upper section of foundation.
Rebuild left front corner foundation. Poured concrete where
required at upper section of foundation.
3. Rip off all clap board and corner trim up to freeze board,
Gr UK -
including water tables , -not including windowjtriffi and molding.,
Dispose of old wood.
4. Remove and replace any rotted sheating with ledger board sheating,
up to 30% of total sq. footage of house.
5. Repair left rear corner post by means of lap joint about 4' frcm
ground. Note : Subject to building dept. approval .
-B-
6. Replace one window sill in middle room downstairs.
7. Replace kitchen door threshold with a hard pine threshold.
8. Install owners red cedar clan boards over existing clap board
areas. Prep over TYVEK, barrier. Note : 90% of cly board coverage
to be pur hased with �xGxIO' lcnF,,ths or longer. exposure of
clapboard i-s
Install drip edge over doors and
windows where new siding is applied.
F-DA i%-r-
F RA-pe
7U
D A-T C�, 10,
Co ar VV6r, (r,
NAME K Alk c
A �pd?rz,53 cambit -3v 1) Sal 114 1 70
f
i 9. Replace facia on south side of house.
. 10. Stain entire house 2 coats of Ben Moore or equivalent oil base.
Paint windows one coat Ben Moore oil base paint after glaz
Paint doorst thresholds, window sills.
11 . Repair 2 entrance doors
12. Blow in celulouse insulation along entire outer wall perimeter
of house.
d
I C'I j 1'�6L P^
1 iz
4.� Install one :2-C Mfg._-I�C-�;� v round window
to attic wall facing back yard.
.15. Install one No. -3 V Mf g. Roto WO )-7v roof window
on lineside of house roof.
413o 00
/V 0 T-e 4rzt'C K/7 Y 4'<
V h 1110 44F �t'-MjPlk C19 11� C
(05b �- C&t ot r 1^4r
T�4 I- j
'A C C 110 00 jn,!!/� .rIV5
AGREEMENT
THIS AGREEMENT, made this day of Au�_ 1985 by and between
K vth G� Wei 14.,
-,Re_a_ L
Owners of land and
13
buildings located a,t_MCombrie Street, Salem, Massachusetts, (hereinafter
referr ed to as OWNER), the CITY OF SALFM, a municipal corporation (hereinafter
referred to as "CIT Y"), and,the SALEM REDEVELOPMENT AUTHORITY, a public
body, politic and corporate duly organized a nd existing pursuant to the provisions
of the Housing & Urban Renewal Law of the Commonwealth of Massachdsetts and
having its usual place of business in Salem, (hereinafter referred to as
"AUTHORITY").-
WHIEPEAS, -he OWNIERS are the record title Owner of fee simple title to
k3
r eF I prope, t\ situated at .4 Crombie Street� Salem , (see South F ssex District
I -7VQ 01F it "A") on which there is
Regisrr\ ol Deeds, Book, -&�, Page-_1-9� F-Tiached as Fxhib
situated a structure of architectural significance; and
HEREAS, said real property is located in the Urban Renewal Projec.-c Area
known as and referred to as Heritage Plaza-West Urban Renewal Area within the
City Of Salem; and
WHEREAS, the CITY and the AUTHORITY have executed a Cooperation
rates to the AUTHORITY,
Agreement, dated MarcO, 1979, in which the CITY deleg
and the AUTHORITY agrees to undertake responsibilities with regard to the
implementation of Heritage Plaza West Urban Renewal Project, and
WHEREAS, the AUTHORITY has prepared an Urban Renewal Plan for the
said Urban Renewal Project Area which cor�-,ajns standards lo, exterior appearance
-I,- be imp osed on all structures designated for historic nd/or architectural
preservation requiring, among other things, the acquisition Fnd/or re-Len-Lion of
lacade easements over iE)dividual properties by the AUTHORITY asa stimulus to
preservation activities.
NOW, THEREFORE, in recognition of the foregoing and in consideration of
Lhe premises, mutual promises, obligations, covenants and restrictions hereinafter
defined, the parties hereto agree as,follows:
ARTICLE 1: Design Review and Rehabilitation Program
The OXINER shall furnish, perform, and complete all work in accordance-with.
the SCOPE OF WORK for Crombie Street attached as Exhibit "B" which has
been approved by the AUTHORITY. Any addition, improvement, alteratJron, repair
or service furnished or installed upon or in connection with the exterior of the
structure shall be performed in a good workmanlike manner.
AR TICLE 11: DEED OF EASEMENT
Upon completion of the work by the OWNER, the OVINER agrees to execute
E Deed of Easement substantially in the form attached hereto as Exhibit "C", which
instrument is to be recorded with said Registry of Deeds.
In consideration ol the grant of the Deed of Easement,,the CITY agrees to
pay to the OVINER a sum 50% of the construction costs of the Scope of Work
fWdVf fvy r
(Exhibit "B") but not to exceed F4fte thousand, thve-e hundred &Rd-5@vent7--ft7e`
i'-'k,'i Do
dollars Said sum shall be paid only upon completion of the work to the
satisfaction and approii�il,of the Authority.
ARTICLF_ III: Timetable lor Construction -jV V1
Rehabilitation work shall commence on or before �:i� 1, 1985 and shall be
c orn p I e_.-,ed no later than six (6) months from th e date of commencement of work
unless prevented by strike, accident, weather or other reasonable cause in \vh.ich
case the parties shall negotiate a time extension.
ARTICLE IV: Changes in Work
Any changes in the scope of work described in Article I above shall be
Slul�
,mitted by the OWNER to-the AUTHORITY prior to the change being made by
-the OWNFR . The AUTHORITY shall give written notice approving sai.d changes
and stating reciprocal changes in other aspects of this Agreement, including the
amount of the grant or shall reject such changes and shall state the reasons for
such rejection.
ARTICLE V: Final Approval of Construction
The AUTHORITY reserves the right to make inspection of the completed
construction and to require remedial action by the OWNER when construction is
not in compliance --with the work described and referenced to in Article I of this
Agreement,The AU.THORITY, as agent ol the City, shall also have The right to
ts as may be necessary to verify the
require of the OWNER anN records or documenL
final construction cost.
ARTICLE VI: Noncompliance by the Owner
In the event the OWNER does not fa ithfully meet his obligations under this
Agreement, the AUTHORITY and the CITY shall have the right to reduce or
abolish the CITY's contribution under Article 11 of this Agreement.
ARTICLE N'll: Time and IManner of Payment
The OWNER shall submit written notice of completion -10 the AUTHORITY.
7'!-Ie :�,UTHCRITY shall with-lin fourteen 04) days from -,-e d-- Te of receipt of said
Notice make its determination under Article V herein. The CITY upon the issuance
of final approval by the "AUTHORITY. shall reimburse the OWNER in accordance
with the provisions of this Agreement within sixty (60) da\ s of the receipt of said
final approval.
ARTICLE VIII: Indemnification
The OWNER shall assume all risk of and shall save harmless, defend and
indemnify the AUTHORITY and the CITY against all acts, claims, demands,
liabilities and damages which may in an), manner be imposed or) or incurred by the
AUTHORITY or the CITY as a consequence. of or arising out of the CITY's
contribution to the cost of the work caused to be done by the OWNFR to achieve.
the rehabilitation of the exterior of said structure.
ARTICLE IX: ,�,ssignability
The OVINFR shall not transfer any interest in this Agreement without prior
v.,r 1-L ten consent of the AUTHORITY and the CITY.
ARTICLE X: Nondiscrimination
The OV'NER shall not discriminate against any tenant or employee or
applicant for tenancy or employment because of race, color� religion, sex, age, or
national origin.
ARTICLE XI: Amendment Purposes
This instrument contains the entire and exclusive agreement between the
parties and supersedes arld terminates all prior or contemperaneous arrangements,
understan ding s, and agreements, either oral or written. This AGREEMENT may
not be amended or modified, except by a writing executed in the same manner as
herein by all parties.
-R have
I.N �WITN`ESS WHEREOF, the CITY, the AUTHORITY and the ()V;Nr_
--aused this -.greement to be executed inthree original copies on -Lhe day and year
-ritten.
bove v,
S ,.LEM REDEVELOPMENT AUTHORITY:
CITY OF SALEM:
irman
Gerard Kavanaugh City Planner
OVINER:
KvM G,
Funds have been appropriated fo- this purpose
under Community Development
Richard Hings ton� it), Auditor
Approved as to legal .form and characLer:
Michael F. O'Brien City Solicitor -
"EXHIBIT C"
THIS DEFD OF FASE:�.MFNT, made This dF\ of 1085, between
ber4 8- Wqlf onJ K01, G. Wm It i
R_eall_y_�Ust,
�ed in the Seuth F=
),(owners of land and
�3
buildings located at K Combrie Street, Salem, Massachusetts: and described and
I Fla 017
recorded in the South Essex District Registry of Deeds, Book-6,6-�, Page I-R,
hereinafter called the "Grantor" and The SALEM REDEVELOPMENT AUTHORITY,
a public body, politic and corporate duly organized and existing pursuant to th.e
provisions of the Housing and Urban Renew.al Law of the Commonwealth of
Massachusetts, appearing in Massachusetts General Laws, Ter. Ed., Chapter 121B;
and having its usual place of business in Salem, hereinafter called the "Authority",
its successors and assigns;
WHEREAS, The Grantors have entered into an Agreement dated Azq=s#
11S5 %viTh The SALEM REDEVELOPMENT AUTHORITY which Agreement requires
he grant ofthe easement herein set forth� and
WHEREAS, -he Authority has undertaken the Heritage Plaza-Vi est Urban
other Things, the
Renewal Project in the City of Salem,.,,�,hich provides for among
preservation and restoration of historic and architectural values associated with
structures and areas within the Project Area; and
WHEP EAS, the said Urban Renewal Project imposes standards for exterior
appearance to be impose on all structures designated for historic and/or
architectural preservation requiring, among other things, the acquisition and/or
retention of facade -easements over individual properties by the Authority as a
stimulus to preservation activities; and
N�1)'HFP,EAS, the Grantor is the owner and holder of record of fee si mple tit
Led Et
Lo certain real property located in the Urban Rene',val Project Area and situE
�3
'�-'rcrcmbie Street in said Salem, on ;,,hich there is siiu�aied a structure of
architectural significance and value, said premises being bounded and described as
as set forth in a deed recorded in the South -r_ssex District Registry of Deeds Book
Page-= bounded and described as follows:
a
i-hex
_e 7,
NORTHERLY by ll�d n or formerly of' the grantor. and formerl), of
"7—No Joel Bowker, seventy-four feet, nine inches (74 9"
more or less;
NORTI. SOUTHERLY by land now or late of Pomeroy and Page, seventy-rour
feet. sit inche s (74, 6"), more or less;
EAST?RLY by land now or formerly of the grantor, and formerly of
Bowker, twenty-eight feet, three Inches (281 3" more cr
EASTE less; and
WESTERLY by Crombie Street twenty-eight feet, threeinche3
(28' 3'), more or less; or however otherwise-bounded and
:��e;ran n ow or orm e r y 0 a-�u-m-ke se-.fteFA_QG__1
SiDUT-KER__ � er an now or
0 ormer y
X ty on n
seventy-one and 511100 (71.51) feet.
a,IDS OC (%�j rharc ve Ve_ss�
Said premises contain +.-94t�square f eeT an4-are-s+fe���
A
�eag t�-m�usee �, �ov-,
T h e nq a ii
NOVI THEREFORE, in recognition of the foregoing and inconsideration of
the premises, mutual promises, obligations, covenants and restrictions hereinafter
defined, the parties hereto agree as follows:
1. The Grantors do hereby grant and convey to the Authority an easement in
gross (known as a facadeeasement) over the exterior appearance of the structure
situated on the hereinbefore described premises. The Grantors will furnish and
Agreement dat 5, upon or in connection
install pursuant to said ed Atigi:IeA 198
with the exterior c�f the structure all additions, improvements, alterations, repairs,
and services in accordance with the construction plan for -he rehabllltation�
resto, P_-,lon and p,eservation of -he exterior appearance of said s-rucTure, which
is 0 -.he oFice of -he 'uffl�lrc J,-.spec-Lor of the C�ty of Salem and -he
n file in
office of -he Authority. The Grantor covenants and agrees that the exterior
aP.Dearance of said stru&Lure shall be maintained and preserved in its completed
state. The faca-de easement herein grpnted shall further permit the AQthority and
its representatives, agents and/or empJovees to enter the property but not the
building situazed thereon, thereafter whenever and to the extent reasonably
necessary for the purpose only of inspection and enforcement of the co.venants and
the terms of the ea'sement granted herein which the Authority is hereby entitled to
enlorce in any court of competen.t jurisdiction. In The event of any default or
failure, -thereafter, on the part of the Grantors to so maintain and preserve the
exterior appearance of such structure, whether in whole or in part, whether by
omission or departure from the standard and specifications hereinbefore
designated, the Authority shall have the right, power and authority at its election,
f ollov.,ing
alter refusal or neglect by the Grantors to correct such de.lault or failure
E ninety (90) day notice to do so by the Authority, to exercise the Gran Lors
unfulfilled obligations hereunder including the right to remedy any and all
the cost thereof to the
defective periormance on the Grantors part and to charge
Grantors.
2. The structural changes, alterations, a-dditions, or improvements over
the exterior appearance of the structure as would not in the opinion of the
Authority fundamentally alter its character or its setting may be made thereto by
the Grantors providing that the prior written approval of the Authority to such
change, alteration or improvements shall have been obtained, which approval shall
not be unreasonably-withheld. The Authority shall act upon a written request by
the Grantors for such approval within thirty (30) days -of its receipt and shall give
nc-.ice of any disapproval to the Grantors in wri Ling wi reasons. if a request for
approval is not disapproved by the ALi-Lho, it), wilhin. T."i-7, (3-J) dFN S. it shall be
In case of disa-c.cvZ-1 -,�e Gra.-.-,C7E v, i i n th 3 0) d L vs
after notice of disapproval request a review of the disapproval by a person ol
con-.D� eience and experience in such matters, designated by the Salem Historical
Commission or its chairman or acting chairrnan. The 1�indinv of this reviev'. shall
be binding on the Grantors and the Authority. The cost, il any, of such review shall
be shared equally by the Grantors and the Authority.
3. In case of damage by fire or other casualty so serious as to cause
reconstruction to be reasonably adjudged to be impractical, this easement, together with
all covenants, oblications, and restrictions herein recited shall terminate and otherwise
shall remain in effect without limit to time.
4. The Authority in its discretion may erect a single marker or sign not exceeding
one (1) foot by one (1) loot, which states the name of the Authority and advises that the
Authority owns.!he easement granted herein.
5. The covenants agreed to End the restrictions imposed. as ax
foresaid, shall not
only be binding upon the Grantors but also other successors to them in in-',eres- and ShEli
con-Linue as a servitude running with -Lhe land in perpetui-iy with the a bov e-described
premises and shall survive any termination ol the Authority's existence. All rights
reserved herein to the Au-rhoriiv may be exercised, modifiedl or released by its
successors or assigns or by its designee duly authorized in a deed or appointment
executed by its Chairman.
WITNESS our hands and seal This day of 1995.
I TN S S:
Fri a
�re e
esj. rus fee
K�Pln G. Owner
ACCEPTED: SALEM REDEVELOPMENT AUTHORITY
BY
Gerard Kavanaugh
COMMONWEALTH OF MASSACHUSFTTS
Essex, ss. 1985
R�d K'41' 6. L-Vcit/i C)Wn'er3
Then personally appeared the above-named Werma k_._�go s�11 �
r n� bv i I J;'�5 S q I- )?
Cromble Street and ackno)�vledged
The foregoing instrument to be their free act and deed, before me,
Notary Public
Mly Commission Expires:
MAVERICK INDUSTRIES INC.
15 Forest Ave.
Salem, Massachusetts o1970
Submitted to: Robert and Ruth Wall
13 Crombie St.
Salem, Mass. 01970
745-3802
July 10, 1985
Revised Proposal Including Credits , Additions , and Cbanyes.
1 . Jack house -where required. , Remove up to 505% of the existing
house sills where rotted. Replace with pressure treated or
preserved timbers, or PT laminated stoc k.
2. Point bricks where necessary, upper section of foundation.
Rebuild left front corner foundation. Poured concrete where
required at upper section of foundation.
3. Rip off all clap board and corner trim up to freeze board,
including water tables, not including window trim and molding.
Dispose of old wood.
4. Remove and replace any rotted sheatinF with ledger board sheating,
up to 30% of total sq. footage of house.
5. Repair left rear corner post by means of lap joint about 41 f-rcm
ground. Note: Subject to building dept. approval. See 1'1'13 part
B if additional corner Dost are needed to be replaced.
6. Replace one window sill in middle room downstairs.
7. Replace kitchen door threshold with a hard pine threshold.
8. 'Install owners red cedar claD boards over existing clap board
areas. Prep over TYVL711 barrier. Note : 9C�() of clap board coverage
to be purchased with '/�xGxIO' lenITths or longer. Nin. exposure of
clapboard is 41/�" , any less exposure please add 2�;j labor cost to
total and 5% additional stock. Install drip edge over doors and
windows where new siding is applied.
9. Replace facia on south side of house.
10. Stain entire house 2 coats of Ben Moore or equivalent oil base.
Paint windows one coat Ben Moore oil base paint after glazing.
Paint doors , thresholds , window sills.
11 . Repair 2 entrance doors . Please note that the kitchen door has
been broken at the passage set and lock areas. This area may have
to be rebuilt at a cost plus basis. (see #13 part B. )
MAVERICIr IUDUSTR=S INC.
15 Forest Ave.
Salem, .Massachusetts 01970
(617) 745-3828
(Revised proposal continued)
12. Blow in celulouse insulation along entire outer wall perimeter
of house.
13. A. Due to the age and condition of the existing building we
cannot guarantee that windows , doors , plaster walls and ceilings
will not crack and distort. We will be as careful as possible.
B. We were unable to determine the condition of the remaining
3 corner posts. If repair or replacement is necessary, there
would be a cost of 1�20.00 per man hour plus materials and 10%.
An evaluation of m/1 will be given to you prior to any work now
hidden so you can have an idea what the possible work aiid cost
could be.
14. Install one No. �7-6 Mf round window
to attic wall facing back yard.
15. Install one No. _� V Mf g. Roto WO ;-7y roof window
on line side of house roof.
16. Price for above is 1�25,430-00 held for 30 days from above date.
Payment as follows : $200.00 paid when contract is signed.
1�6,200.00 paid prior to start of job. 'I'M00-00 paid when house
sills have been put in place. 1�2500-00 paid when insulation
has been completed. 10500.00 paid each Wednesday from the 2nd
Wednesday after work, has begun. Note : All sub contractors
paid 3� when starting and balance after work has been completed.
17. Estimated starting date is mid to late July. Estimated date of
completion within 60 days subject to weather etc.
Authorized Signature- ,
Acceptance Of Proposal : The above prices , specifications and
conditions are satisfactory and are hereby accepted. You are
.authorized to do the work. as specified. - Payment will be ,made as
outlined above.
Signature
Signature
MINUTES OF THE MEETING OF THE BOARD OF SALEM REDEVELOPMENT AUTHORITY
HELD MARCH 11 , 1985
On Monday, March 11 , 1985, the members of the Salem Redevelopment
Authority met in open session for its regular meeting at One Salem
Green, Salem, MA. Vice Chairman Gary Moore called the meeting to order.
On roll call, the following members answered present: Gary Moore, Peter
Fetchko, and Roland Pinault. Joan Boudreau and Dominic Marraffa were
excused. Councillor Leonard O'Leary also attended the meeting.
MINUTES
I
Each member received a copy of the minutes of the meeting held on
February 25, 1985 for advance reading. Vice Chairman Moore called for
omissions and corrections to the minutes. Being no omissions or
corrections noted, a motion was made by Peter Fetchko, seconded by
Roland Pinault, and it was unan I imously voted the minutes of the February
25, 1985 meeting stand approved.
DISCUSSION/NEW BUSINESS
Design Review Board Matter
TRA Board members discussed George A. Lucy' s redesigned sign application
presented to the DRB for "Home Plate" restaurant at 232 Essex Street.
The DRB advised approval of the redesigned sign at its February 28, 1985
meeting. Roland Pinault moved to approve the new "Home Plate" sign with
the restrictions imposed Sy the DRB. Peter Fetchko seconded, and all
were in favor, motion so carried.
13 Crombie Street
Project Administrator Gerry Kavanaugh provided Board members with -a. memo
which outlined the Scope of Work for the proposed purchase of a facade
easement at 13 Crombie Street. The purchase of the easement will
provide funds for the extensive rehabilitation of 13 Crombie Street.
Mr. Kavanaugh recommended an easement grant of $12,400 with a time limit
of six months. The recommendation also stipulated that the transfer of
property take place before the easement is granted. Roland ,Pinault made
a motion that we proceed with the facade easement as recommended. Vice
Chairman Gary Moore added that the motion should read $12,400 or 50% of
accepted documented construction costs, whichever is less. Roland
Pinault concurred. Peter Petchko seconded the motion, all were in
favor, motion so carried.
235 Bridge Street
Froject Administrator Kavanaugh presented to Board members the Request
for Proposals for 235 Bridge Street which includes detailed requirements
with regard to density of the proposed development and height of
buildings. After discussion, Mr. Kavanaugh stated the design plan will
have to be approved by the DRB, SRA, and in addition, be approved under
site plan review by the Salem Planning Board. Vice Chairman Gary Moore
questioned whether the proposed lot area to floor area ratio was a
maximum or a minimum, and suggested that it be made clear in the Request
for Proposals. Vice Chairman Moore also questioned whether the height
requirement was to be measured from the high point or low point. Mr.
Kavanaugh answered that it was the high point. He further added that
there was a four story maximum. Roland Pinault motioned to have Project
SalemEE
Redevelopment TE LEPHONE 744-6900
Authority ONE SALEM GREE I N, SALEM, MA I SSACHUSETTS 01970 744-4580
MEMO
TO: SRA Board Members
FROM: Gerry Kavanaugh
DATE: March 7 , 1985
SUBJECT: 13 Crombie Street
At a preceding meeting, we discussed the possibility of purchasing a
facade easement and providing funds for the extensive rehabilitation of
a home at 13 Crombie Street. At that time it was requested that we
investigate the amount of construction work necessary to restore the
structure to its original design.
The current residents of the home have lived in the house for 1�, years
as tenants of the Crombie Street Church, who owns the structure, which
they are currently negotiating to purchase, and will be doing the
necessary construction work upon purchase. The house has been
deteriorating at a rapid rate over the years and is currently in severe
need of repair.
The work necessary to properly restore and rehabilitate the structure is
as follows :
1 . Replacement of sills .
2. Repair of foundation.
3. Installation of new cedar clapboards.
4. Repair of corner posts of structure.
5. Replacement of trim on entire house to match original trim.
6. Painting or staining of entire house.
The Walls have received two estimates for the above work and have had an
additional one prepared by staff. The estimates are as follows:
1 . Staff estimate $29 ,500
2. Doyle Contracting $37 ,200
3. Maverick Contracting $24,835
We have received a letter, from Jean Redwine of the Board of Trustees of
the Crombie Street Church, which states that the church will be selling
-the property to the Walls as soon as they have completed the title
search and other legal work necessary to complete the transaction.
I would recommend approval of a facade easement equal to 50% of the
lowest estimate which would represent an expenditure of $12,400. This
easement should be contingent upon the purchase of the property, and-
should include a time limit of, six months for completion of construction
work. This easement, along with the easement at 15 Crombie Street, and
the expedition of. construction at 10 Crombie Street, will provide much
needed improvements to an area important to the future development of
Heritage Plaza West.
Page No. of Pages
7.
MAVERICK CONSTRUCTION CO.
15 Forest Ave.
SALEM, MASSACHUSETTS 01970
(617) 745-3498
Licensed and Insured
PROPOSAL.SUBMITTED TO PHONE DATE
745 3 06 Den- P61 1994
JOB NAME
—STREET
13 Cromhie St.
CITY. STATE AND ZIP CODE JOB LOCATION
ARCHITECT DATE OF PLANS JOB PHONE
We hereby submit specifications and estimates for:
1 . Jack house where required... Remove :up to 50% of theexisting . . ... ...
house sills , wbere rotted.. . .Replace .with ,pressure treated -or . . .
preserved-timbers. ..
Point bricks where necessary.
3. Rip, off all clap boardand. corner trimto.freeze. board including
water tables. . .
4. Remove all distorted, damaged or rotted. sheething, up. 1;o, 30�o
of the total sq. footage of the outerwalls.. Replace with equal .
thickness wafer bb---- d or sheething. Excess of 30% will beat ,
cosi plus.
5. Repair left rear corner post by means of .lap joint about 4'
from ground. NOTE: Subject to building dept. approval.
6. Replace. one window sill.
7. Replace kitchen door threshold with a hard pine threshold.
8. Install red . cedar . clap boards-on entire house over 15 lb. felt
paper. Install -drip edge over doors and windows where new
siding is applied. .
F—lur Urnpagr hereby to furnish material and labor — co mplete in accordance with above specifications, for the Sum of:
dollars
Payment to be made ZS follows:
Ali material is guaranteed to be as specified. All worl,to be completed in A workmanlike
manner according to standard practices.Any alteration or deviation from above specill"' Authorized
tons involving extra costs will be executed only upon written orders.and will become an Signature
extra charge over and above the estimate.All agreements contingent upon strikes.accidents Note:This proposal may be
or de!ays beyond our control.Owner to carry fire,tornado and other riecess,.ry insurance. withdrawn by us if not accepted within days.
Our workers are fully covered by Workmen's Compensation Insurance.
ArrPtif ana of Nrimanal�The above prices. specifications
FCAW.!18-2 A14�.Ie'ro.m Ac—a�,Inc. 01150
Page No. of Pages
MAVERICK CONSTRUCTION CO.
15 Forest Ave.
SALEM, MASSACHUSETTS 01970
(61.7) 745-3498
Licensed and Insured
DATE
Ms. Ruth Wall ?45-3 06 -rDec...26. '1984
PROPOSAL SUBMITTED TO PHONE
STREET �� Crombi e St. JOB NAME
CITY. STATE ZIP CODE JOB LOCATION
Sal Prn, Mass- 01970
ARCHITECT DATE OF PLANS JOB PHONE
j
We hereby submit specifications and estimates for:
9. Replace a 15' to , 210' section of."facie)ons,outhside. ofhouse... . ........
10. Stain entire—house 2 coats of hen -Moo�e or, equivalent oil base_, ..._
st6L41n. �15eint windows one coat Ben Mooreoil base p4in.tafter.
glazing..,,
11 . Repair 2. enterance .doors.. Pleasenotethat the , kitchen.. door
has been broken at the passage set and .lock area. This.. .....
area may have to be rebuilti. at cost plus.
12. Notes :
isting building we .can
A.Due to the age and condition of the ex
not guarentee that windows doors plaster walls and ceilings
will not crack and distort. We will be as carefull as possible.
B. We were unable to determin the condition of the remaining
3 cornor posts if repair or replacement is necessary
there would be a cost of. $20.00 .per man hour plus materials
and 101116 . . kn evaluation of m/l .... will be given to you
prior to -any work now hidden so you can have an idea
what-the possible work. and .cost could be.
311P UrnpriBr hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
dollars ($
Payment to benrl follows:
All material is guaranteed to be as specified. All work to be completed in a workmanlike
manner according to standard practices.Any alteration or deviation from above specifics. Authorized
tions involving extra costs will be executed only upon written orders and will become an Signature
extra charge over and above the estimate,All agreements contingent upon strikes,accidents
tornado and other necessary insure rce. Note:This proposal may be
or delays beyond our control.Owner to carry fire. withdrawn by us if not accepted within days
Out workers are fully covered by Workmen's Compensation Insurance.
1`0�?A!I E-2 Ava:'a�;e IF OM=1M GrQhv.Mass 01450
Page No. of Pages
MAVERICK CONSTRUCTION CO.
15 Forest Ave.
SALEM, MASSACHUSETTS 01970
(617) 745-3498
Licensed and Insured
PROPOSAL SUBMITTED TO PHONE DATE
STREET JOB NAME
CITY, STATE AND ZIP CODE JOB LOCATION
ARCHITECT DATE OF PLANS
We hereby submit specifications and estimates for:
13. Est startingdate Mid Jan 85 Est completion date within 60 days,
subject to weather etc.
14. Price for above is $24835-00 held for 45 days. from above
date. Schedule of payments to follow.
Mr propose hereby to furnish material and labor — complete in accordance with above specifications, for the sum of:
—dollars ($
Payment to be made as follows:
All material is guar riteed to be as specified. All work to be completed iii a Workmanlike
manner according t:standard practices.Any alteration or deviation from above specifica. Authorized
tions involving extra costs will be executed only upon written orders,and will become an Signature
extra Charge over and above the estimate.All agreements contingent upon strikes.accidents Note:This proposal may be
or de:ays beyond our control.Owner to carry fire,tornado and other necessary Insurance.
Our wkers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted withi days.
—————————————
,c.s,�sp.cfil.filnl�
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aoscorr t"JAL(— Doyle Contracting
P.O. Box 408
/Li -3 1 C— Bcverlv, Mass. 01'915
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14 STORY STREET, SALEM, MASS. 01970 0 745-8274 1
PHONE
PROPCSAL SUSIAITTED TO
�—a
Ca 6,e- It.-1 JOS�NAME
STREET
JOB LOCATION
CITY, STATE AND ZIP CODE
ARCHITECT I A L.W,' DATE OF PLANS JOB PHONE
We here-by submit specifications and estimates for:
0 pk—t 0 IL 439% Se F3 AX ---j XVL ki-je.LJ C, A R
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Or PropriSr hereby to furnish material Pnd labor — complete in accordance with above specifications, for t.he sum of
dollars ($
Epayment to be Made as follows:
Ail material is guaranteed to be as spacified. All work to par completed in a workmanlike
ve specilica Authorized
manner according to standard practices.Any alteration or deviation from abo, Signature
tors involving extra costs will be executed only upon written orders.and will become an
extra charge over and above the estimate.All agreements contingent upon strikes,accidents Note:This proposal may be
or delays beyond our control.Owner to carry fire.tornado and other necessary insurance. withdrawn by us if not accepted within days.
Our wankers are fully covered by Woeumen's Compensation Insurance.
arptanre of Vrnvinal-The above prices, specifications
you are authorized Signature
'd conditions are satisfactory and are hereby accepted.
to dc the work as specified. Payment will be made as outlined above. Signature
--7
Jean Redwine , Chairwoman
Board of Trustees
Crombie Street Church
7 Crombie St.
Salem, Pa. 01970
Mr. William Luster
Salem Redevelopment Authority
One Salem Green
Salem, MA. 01970 March 6, 1985
Dear Mr. Luster,
The Crombie Street Church is presently in
negotiation with Mr. Robert B. Wall and Ruth G. Wall to sell
the house located on 13 Crombie Street. to them.
We can express our intention to sell and
present negotiation. Nothing final has been reached to date
because of unavoidable legalities concerning its Title .
These are being cleared up in order to free the property
for sale to the Walls which, again, is presently being
negotiated.
It would be a shame if funds to restore such
an historic , antique house were lost on account of problems
with timing its sale wit1h'jithe availability of funds .
Sincerely,
Jean Redwine
YoL., 14ttVIG-1
ZAL-7 C
,,.d4/rr tIOV
Crombie Street Church \J
03 ,16 9 Crombie Street
84 Salem, MA. 01970
Mr. Gerard Kavan LMLIEM PLANNNG DEPT.
Salem Redevelopm ority
One Salem Green
Salem, Ma. 01970 September 2�,, 1984
Dear Mr. ,Kavanaugh,
We are applying for funds to help restore the
exterior of 13 Crombie Street. The property is rented to a
party who is rennovating the house in exchange for the rent.
They have refinished part of the interior and hope to paint
the exterior. .However some of the exterior work requires
more cash and expertise than they have . Many clapboards are
soft. The sills and corner beams of the house are rotted in
places. Water leakage has occurred through the walls in-
several places. The exact extent of the disintegration is
not know, but it is more than a paint job will cure .
The house is of some value tpr.the cityas
an historic property. It was built by Benjamin Crombie
around 1800 and sold by him in 1810. After changing hands
several times it was bought by Joel Bowker in 1833, who
owned the adjoining property at #9 Crombie Street. Both
houses remained with his descendants until 1940, when the
property was gifted to the Crombie Street Church .
The�i,,hou8.e�g(#lw3��Crbmbie,),�,'-'was the birthplace
of Henry Wayland Peabody, b.Aug 22, 1838, who was a famous
merchant of Salem. Pictures of the house and its interior
can be found in a book about him.*
The two other residences on Crombie Street
page two . Crombie Street proposal letter .
have been recently painted, and #15 (Montesi) has been
granted SRA funds for painting.
The person we have appointed to obtain
funds for the renn-ovation of #13 Crombie Street will
follow up this letter b� calling you. We hope to make
an application according to your guidelines.
Sincerely,
for the Crombie St. Church,
YA-w r---��
U U
�J �'�*HeArk,�Waylan� �e!jbodT_LItII2rchant by.M.H. Leavis
cpoyright 190 9 TRe m on Press .
ek- e 5 )e7 A
t'4J14-d
fu e)�
AGREEMENT
THIS AGREEMENT, made this day of Octo�er, 1985 by and between Robert B.
Wall and Ruth G. Wall, Owners of land and buildings located at 13 Crombie Street, Salem,
Massachusetts, (hereinafter referred to as OWNER), the CITY OF SALEM, a municipal
corporation (hereinafter referred to as "CITY"), and the SALEM REDEVELOPMENT
AUTHORITY, a public body, politic and corporate duly organized and existing pursuant to
the provisions of the Housing & Urban Renewal Law of the Commonwealth of
Massachusetts and having its usual place of business in Salem, (hereinafter referred to as
-'AUTHORITY").
WHEREAS, the OWNERS are the record title Owner of fee simple title to real
property situated at 13 Crombie Street, Salem , (see South Essex District Registry of
Deeds, Book 7872, Page 018 attached as Exhibit "A"), on which there is situated a
structure of architectural significance; and
WHEREAS, said real property is located in the Urban Renewal Project Area known
as and referred to as Heritage Plaza-West Urban Renewal Area within the City of Salem;
.and
WHEREAS, the CITY and the AUTHORITY have executed a Cooperation
Agreement, dated March 7, 1979, in which the CITY delegates to the AUTHORITY, and
the AUTHORITY agrees to undertake responsibilities with regard to the implementation
of Heritage Plaza West Urban Renewal Project, and
WHEREAS, the AUTHORITY has prepared an Urban Renewal Plan for the said
Urban Renewal Project Area which contains standards for exterior appearance to be
imposed on all structures designated for historic and/or architectural preservation
requiring, among other things, the acquisition and/or retention of facade easements over
individual properties by the AUTHORITY as a stimulus to preservation activities.
NOW, THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
ARTICLE 1: Design Review and Rehabilitation Program
The OWNER shall furnish, perform, and complete all work in accordance with the
SCOPE OF WORK for 13 Crombie Street attached as Exhibit 111311 which has been approved
by the AUTHORITY. Any addition, improvement, alteration, repair or service furnished
or installed upon or in connection with the exterior of the structure shall be performed in
a good workmanlike manner.
ARTICLE II: DEED OF EASEMENT
Upon completion of the work by the OWNER, the OWNER agrees to execute a Deed
of Easement substantially in the form attached hereto as Exhibit "C", which instrument is
to be recorded with said Registry of Deeds.
In consideration of the grant of the Deed of Easement, the CITY agrees to pay to
the OWNER a sum 50% of the construction costs of the Scope of Work (Exhibit "B") but
not to exceed twelve thousand, four hundred dollars ($12,400.00). Said sum shall be paid,
only upon completion of the work to the satisfaction and approval of the Authority.
ARTICLE III: Timetable for Construction
Rehabilitation work shall commence on or before June 1, 1985 and shall be
completed no later than six (6) months from the date of commencement of work unless
prevented by strike, accident, weather or other reasonable cause in which case the parties
shall negotiate a time extension.
ARTICLE IV: Changes in Work
Any changes in the scope of 'Work described in Article I above shall be submitted by
the OWNER to the AUTHORITY prior to the change being made by the OWNER . The
AUTHORITY shall give written notice approving said changes and stating reciprocal
changes in other aspects of this Agreement, including the amount of the grant or shall
reject such changes and shall state the reasons for such rejection.
ARTICLE V: Final Approval of Construction
The AUTHORITY reserves the right to.make inspection of the completed
construction and to require remedial action by the OWNER when construction is not in
compliance with the work described and referenced to in Article I of this Agreement.
The AUTHORITY, as agent of the City, shall also have the right to,require of the OWNER
any records or documents as may be necessary to verify the final construction cost.
ARTICLE VI: Noncompliance by the Owner
In the event the OWNER does not faithfully meet his obligations under this
Agreement, the AUTHORITY and the CITY shall have the right to reduce or abolish the
CITY's contribution under Article II of this Agreement.
ARTICLE VII: Time and Manner of Payment
The OWNER shall submit written notice of completion to the AUTHORITY. The
AUTHORITY shall within fourteen (14) days from the date of receipt of said Notice make
its determination under Article V herein. The CITY upon the issuance of final app roval by
the AUTHORITY, shall reimburse the OWNER in accordance with the provisions of this
Agreement within sixty (60) days of the receipt of said final approval.
.ARTICLE VIII: Indemnification
The OWNER shall assume all risk of and shall save harmless, defend and indemnify
the AUTHORITY and the CITY against all acts, claims, demands, liabilities and damages
which may in any manner be imposed on or incurred by the AUTHORITY or the CITY as a
consequence of or arising out of the CITY's contribution to the cost of the work caused to
be done by the OWNER to achieve the rehabilitation of the exterior of said structure.
ARTICLE IX: Assignability
The OWNER shall not transfer any interest in this Agreement without prior written
consent of the AUTHORITY and the CITY.
ARTICLE X: Nondiscrimination
The OWNER shall not discriminate against any tenant or employee or applicant for
tenancy or employment because of race, color, religion, sex, age, or national origin.
ARTICLE XI: Amendment Purposes
This instrument contains the entire,and exclusive agreement between the parties
and supersedes and terminates all prior or contemperaneous arrangements,
understandings, and agreements, either oral or written. This AGREEMENT may not be
amended or modified, except by a writing executed in the same manner as herein by all
parties.
IN WITNESS WHEREOF, the CITY, the AUTHORITY and the OWNER have caused
this Agreement to be executed in three original copies on the day and year first above
written.
CITY OF SALEM: SALEM REDEVELOPMENT AUTHORITY:
Gerard Kavanaugh City Planner Joan M. Boudreau, Chairman
OWNER:
Robert B. Wall, Owner
Ruth G. Wall, Owner
Funds have been appropriated for this purpose
under Community Development
Richard Hingston, City Auditor
Approved as to legal form and character:
Michael E. O'Brien City Solicitor
EXHIBIT "A!'
!0SI,26F,", 01b
The. CROMBIE STREET CONGREGATIONAL CHURCH OF FALEM, a Massachu-
3etts religious corporation for consideration Paid Of SEVENTY THCUSAND
DOLLARS ($70,000.00), grant "to ROBERT B. WALL and RUTH 6. WALL, husband
and wife, as tenants by the entiretyp r ,
with QUITCLAIM CONVERANTS,
the land known as and at 13 Croatia Street in salemo Essex County,
Chusetts, with the buildings and Massa-
scribed as followst improvements thereon, bounded and de-
NORTHERLY by land now or formerly of the grantor, and formerly of
Joel Bowker, seventy-four feet, nine Inches (74, 9-�,
- more or less;
SOUTHERLY by land now orrlate of Pomeroy and Page, seventy-rour
feet, six Inch 3 (741 6"). more or less;
EASTSRLY by land now Or formerly or the grantor, and formerly of
Bowker, twenty..eight reet, three Inches (28, 3'), more or
less; and
WESTERLY by Crombie Street twentY-eight reet, three Inches
(28' 3"), more 0 r less; or however otherwise bounded,
Containing 2105 square feet Of lanl, more or less.
Cromoie For Grantor-s title see Deed Or Certrude Farnhan
Street Congregational Church of Salem dated April 4. 1942 atnP
recorded with Essex South District Registry of �,ed:l, Book 3290, Page 77.
1985. Executed as an instrument under seal this 15th day of August,j:r
-7
CROMBIE STNEET CONGREGATIONAL
�'kii A, CHURCIf Or SALEM
"�Z W.—to By:'
Chairman of
Board
a 3
�L kut t
By..,
Ireasurer
Commonwealth of K C, s a t t 3
E3sex,ss
August 151`h, 1985
Then personally appeared the above-named Crombie Street Congre-
gational Church Of Salem, by and through N. Jean Redwine, Jt=:[!ree*d=.t
a=1 Cnairman of its Board of' Trustees, and James A. Stone, Its Treasurer,
both hereunto duly authorized both known to me, and acknovledged the
foregoing instrument to be th�e free act and deed of said'
before me. 00'rporation,
1-11-1.1' - �
Zl�'�t -CF.4'1-� ---
William H. K. Donaldson
Notary Public
MY cQmmiasJon expires April 17, 1992
Documentary Stamps S 15906o
EXHIBIT "B"
FACADE AGREEEMENT
DATE: July 10, 1985
SCOPE OF THE WORK
NAME: Robert B. Wall and Ruth G. Wall
ADDRESS: 13 Crombie St., Salem, Mass. 01970
JOB DESCRIPTION
NOTE: The Contractor shall:
1) Jack house where required. Remove up to 50% of the existing house sills where rotted.
Replace with pressure treated or preserved timbers, or PT laminated stock.
2) Point bricks where necessary, upper section of foundation. Rebuild left front corner
foundation. Poured concrete where required at upper section of foundation.
3) Rip off all clapboard and corner trim up to frieze board, including watier'tables, not
including window or door trim and molding. Dispose of old wood.
4) Remove and replace any rotted sheathing with ledger board sheathing, up to 30% of total sq.
footage of house.
5) Repair left rear corner post by means of lap joint about 41 from ground. Note: Subject to
Building Dept. approval.
6) Replace one window sill in middle room downstairs.
7) 'Replace kitchen door threshold with a hard pine threshold.
8) Install owners' red cedar clapboards over existing clapboard areas. Prep over TYVEK
barrier. Note: 90% of clapboard coverage to be purchased with Y2x6xl01 lengths or longer.
Max. exposure of clapboard to be 4Y2". Install drip edge over doors and windows where new
siding is applied.
9) Replace facia on south side of house.
10) Stain entire house 2 coats of Ben Moore or equivalent oil base. Paint windows one coat Ben
Moore oil base paint after glazing. Paint doors, thresholds, window sills.
11) Repair 2 entrance doors.
12) Blow in celulouse insulation along entire outer wall perimeter of house.
13) Take care not to damage existing windows, doors, plaste� walls, and ceili�gs as work
progresses.
14) Install one No. HRW 2-6, Mfg. Brosco, Y2 round window over one 6-pane wooden casement in
- attic wall facing back yard.
15) Install one No. SV13, Mfg. Roto R02247, roof window on line side of house roof.
TOTAL $25,430.00
NOTE: Prior to start of construction, contractor will be unable to determine the condition of the
corner posts except for the one at the left rear corner. If repair or replacement is
necessary, there will be a cost of $20.00 per man hour plus materials and 10%.
EXHIBIT "C"
THIS DEED OF EASEMENT, made this day of 1985, between Robert B.
Wall and Ruth G. Wall, Owners of land and buildings located at 13 Crombie Street, Salem,
Massachusetts, and described and recorded in the South Essex District Registry of Deeds,
Book 7872, Page 018, hereinafter called the "Grantor" and the SA LEM I I
REDEVELOPMENT AUTHORITY, a public body, politic and corporate duly organized and
existing pursuant to the provisions of the Housing and Urban Renewal Law of the
Commonwealth of Massachusetts, appearing in Massachusetts Gen eral Laws, Ter. Ed.,
Chapter 121B; and having its usual place of business in Salem, hereinafter called the
"Authority", its successors and assigns;
WHEREAS, the Grantors have entered into an Agreement dated October 1985
with the SALEM REDEVELOPMENT AUTHORITY which Agreement requires the grant of
the easement herein set forth; and
WHEREAS, the Authority has undertaken the Heritage Plaza-West Urban Renewal
Project in the City of Salem, which provides for among other things, the preservation and
-restoration of historic and architectural values associated with structures and areas
within the Project Area; and
WHEREAS, the said Urban Renewal Project imposes standards for exterior
appearance to be imposed on all structures designated for historic and/or architectural
preservation requiring, among other things, the acquisition and/or retention of facade
easements over individual properties by the Authority as a stimulus to preservation
activities; and
WHEREAS, the Grantor is the owner and holder of record of fee simple title to
certain real property located in the Urban Renewal Project Area and situated at 13
Crombie Street in said Salem, on which there is situated a structure of architectural
significance and value, said premises being bounded and described as as set forth in a deed
recorded in the South Essex District Registry of Deeds Book 7872, Page 018, bounded and
described as follows:
NORTHERLY by land now or formerly of the grantor, and formerly of,Joel
Bowker, seventy-four feet, nine inches (741-9"), more or less;
SOUTHERLY by land now or late of Pomeroy and Page, seventy-four feet, six
inches (741-611),
EASTERLY by land now or formerly of the grantor, and formerly of
B-owker, twenty-eight feet, three inches (281-311), more or less;
and I
WESTERLY by Crombie Street twenty-eight feet, three inches (28'-3"),
more or less; or however otherwise bounded.
Said premises contain 2,105 square feet of land more or less.
NOW THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
1. The Grantors do hereby grant and convey to the Authority an easement in gross
(known as a facade easement) over the exterior appearance of the structure situated on
the hereinbefore described premises. The Grantors will furnish and install pursuant to
said Agreement dated October 1985, upon or in connection with the exterior of the
structure all additions, improvements, alterations, repairs, and services in accordance
with the construction plan for the rehabilftation, restoration and preservation of the
exterior appearance of said structure, which plan is on file in the office of the Building
Inspector of the City of Salem and the office of the Authority. The Grantor covenants and
agrees that the exterior appearance of said structure shall be maintained and preserved in
its completed state. The facade easement herein granted shall further permit the
Authority and its representatives, agents and/or employees to enter the property but not
the building situated thereon, thereafter whenever and to the extent reasonably
necessary for the purpose only of inspection and enforcement of the covenants and tile
terms of the easement granted herein which the Authority is hereby entitled to enforce in
any court of competent jurisdiction. In the event of any default or failure, thereafter, on
the part of the Grantors to so maintain and preserve the exterior appearance of such
structure, whether in whole or in part, whether by omission or departure from the
standard and specifications hereinbefore designated, the Authority shall have the right,
power and authority at its election, after refusal or neglect by the Grantors to correct
such default or failure following a ninety (90) day notice to do so by the Authority, to
exercise the Grantors unfulfilled obligations hereunder including the right to remedy any
and all defective performance on the Grantors part and to charge the cost thereof to the
Grantors. I
2. The structural changes, alterations, additions, or improvements over the
exterior appearance of the structure as would not in the opinion of the Author I ity
fundamentally alter its character or its setting may be made thereto by the Grantors
providing that the prior written approval of the Authority to such change, alteration or
improvements shall have been obtained, which approval shall not be unreasonably
.Withheld. The Authority shall act upon a written request by the Grantors for such
approval within thirty (30) days of its receipt and shall give notice of any disapproval to
the Grantors in writing with reasons. If a request for approval is not disapproved by the
Authority within thirty (30) days, it shall be deemed approved. In case of disapproval the
Grantors may within thirty (30) days after notice of disapproval request a review of the
disapproval by a person of competence and experience in such matters, designated by the
Salem Historical Commission or its chairman or acting chairman. The finding of this
review shall be binding on the Grantors and the Authority. The cost, if any, of such
review shall be shared equally by the Grantors and the Authority.
3. In case of damage by fire or other casualty so serious as to cause
reconstruction to be reasonably adjudged to be impractical, this easement, together with
all covenants, obligations, and restrictions herein recited shall terminate and otherwise
shall remain in effect without limit to time.
4. The Authority in its discretion may erect a single marker or sign not exceeding
one (1) foot by one (1) foot, which states the name of the Authority and advises that the
Authority owns the easement granted herein.
5. The covenants agreed to and the restrictions imposed, as aforesaid, shall not
only be binding upon the Grantors but also other successors to them in interest and shall
continue as a servitude running with the land in perpetuity with the above-described
premises and shall survive any termination of the Authority's existence. All rights
reserved herein to the Authority may be exercised, modified, or released by its
successors or assigns or by its designee duly authorized in a deed or appointment
executed by its Chairman.
WITNESS our hands and seal this day of _, 1985.
WITNESS:
Wa
1�obert B. Wall, Owner
Ruth G. Wall, Owner
ACCEPTED: SALEM REDEVELOPMENT AUTHORITY
BY
Gerard Kavanaugh
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. 1985
Then personally appeared the above-named Robert B. Wall and Ruth G. Wall,
Owners of 13 Crombie Street and acknowledged the foregoing instrument to be
their free act and deed, before me,
Notary Public
My Commission Expires:
AGREEMENT
THIS AGREEMENT, made this day of Octo�er, 1985 by and between Robert B.
Wall and Ruth G. Wall, Owners of land and bui Idings located at 13 Crombie Street, Salem,
Massachusetts, (hereinafter referred to as OWNER), the CITY OF SALEM, a municipal
corporation (hereinafter referred to as "CITY"), and the SALEM REDEVELOPMENT
AUTHORITY, a public body, politic and corporate duly organized and existing pursuant to
the provisions of the Housing & Urban Renewal Law of the Commonwealth of
Massachusetts and having its usual place of business in Salem, (hereinafter referred to as
"AUTHORITY").
WHEREAS, the OWNERS are the record title Owner of fee simple title to real
property situated at 13 Cromble Street, Salem , (see South Essex District Registry of
Deeds, Book 7872, Page 018 attached as Exhibit "All), on which there is situated 8:
structure of architectural significance; and
WHEREAS, said real property is located in the Urban Renewal Project Area known
as and referred to as Heritage Plaza-West Urban Renewal Area within the City of Salem;
.and
WHEREAS, the CITY and the AUTHORITY have executed a Cooperation
Agreement, dated March 7, 1979, in which the CITY delegates to the AUTHORITY, and
the AUTHORITY agrees to undertake responsibilities with regard to the implementation
of Heritage Plaza West Urban Renewal Project, and
WHEREAS, the AUTHORITY has prepared an Urban Renewal Plan for the said
Urban Renewal Project Area which contains standards for exterior appearance to be
imposed on all structures designated for historic and/or architectural preservation
requiring, among other things, the acquisition and/or retention of facade easements over
individual properties by the AUTHORITY as a stimulus to preservation activities.
NOW, THEREFORE, in recognition of the foregoing and in consideration of the
I
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
ARTICLE 1: Design Review and Rehabilitation Program
The OWNER shall furnish, perform, and complete all work in accordance with the
SCOPE OF WORK for 13 Crombie Street attached as Exhibit "B" which has been approved
by the AUTHORITY. Any addition, improvement, alteration, repair or service furnished
or installed upon or in connection with the exterior of the structure shall be performed in
a good workmanlike manner.
ARTICLE 11: DEED OF EASEMENT
Upon completion of the work by the OWNER, the OWNER agrees to execute a Deed
of Easement substantially in the form attached hereto as Exhibit "C", which instrument is
to be recorded with said Registry of Deeds.
In consideration of the grant of the Deed of Easement, the CITY agrees to pay to
the OWNER a sum 50% of the construction costs of the Scope of Work (Exhibit "B") but
not to exceed twelve thousand, four hundred dollars ($12,400.00). Said sum shall be paid,
only upon completion of the work to the satisfaction and approval of the Authority.
ARTICLE III: Timetable for Construction
Rehabilitation work shall commence on or before June 1, 1985 and shall be
completed no later than six (6) months from the date of commencement of work unless
prevented by strike, accident, weather or other reasonable cause in which case the parties
shall negotiate a time extension.
ARTICLE IV: Changes in Work
Any changes in the scope of work described in Article I above shall be submitted by
the OWNER to the AUTHORITY prior to the change being made by the OWNER . The
AUTHORITY shall give written notice approving said changes and stating reciprocal
changes in other aspects of this Agreement, including the amount of the grant or shall
reject such changes and shall state the reasons for such rejection.
ARTICLE V: Final Approval of Construction
The AUTHORITY reserves the right to ,make inspection of the completed
construction and to require remedial action by the OWkER when construction is not in
compliance with the work described and referenced to in Article I of this Agreement.
The AUTHORITY, as agent of the City, shall also have the right to require of the OWNER
any records or documents as may be necessary to verify the final construction cost.
ARTICLE VI: Noncompliance by the Owner
In the event the OWNER does not faithfully meet his obligations under this
Agreement, the AUTHORITY and the CITY shall have the right to reduce or abolish the
CITY's contribution under Article II of this Agreement.
ARTICLE VII: Time and Manner of Pavment
The OWNER shall submit written notice of completion to the AUTHORITY. The
AUTHORITY shall within fourteen (14) days from the date of receipt of said Notice make
its determination under Article V herein. The CITY upon the issuance of final approval by
the AUTHORITY, shall reimburse the OWNER in accordance with the provisions of this
Agreement within sixty (60) days of the receipt of said final approval.
.ARTICLE VIII: Indemnification
The OWNER shall assume all risk of and shall save harmless, defend and indemnify
the AUTHORITY and the CITY against all acts, claims, demands, liabilities and damages
which may in any manner be imposed on or incurred by the AUTHORITY or the CITY as a
consequence of or arising out of the CITY's contribution to the cost of the work caused to
be done by the OWNER to achieve the rehabilitation of the exterior of said structure.
ARTICLE IX: Assignability
The OWNER shall not transfer any.interest in this Agreement without prior written
consent of the AUTHORITY and the CITY.
ARTICLE X: Nondiscrimination
The OWNER shall not discriminate against any tenant or employee or applicant for
tenancy or employment because of race, color, religion, sex, age, or national origin.
ARTICLE XI: Amendment Purposes
This instrument contains the entire.and exclusive agreement between the parties
and supersedes and terminates all prior or contemperaneous arrangements,
understandings, and agreements, either oral or written. This AGREEMENT may not be
amended or modified, except by a writing executed in the same manner as herein by all
parties.
IN WITNESS WHEREOF, the CITY, the AUTHORITY and the OWNER have caused
this Agreement to be executed in three original copies on the day and year first above
written.
CITY OF SALEM: SALEM REDEVELOPMENT AUTHORITY:
Gerard Kavanaugh City Planner Joan M. Boudreau, Chairman
OWNER:
�)�Jdj-
Robert B. Wall, Owner
Ruth G. Wall, Owner
Funds have been appropriated for this purpose
under Community Development
Richard Hingston, City Auditor
Approved as to legal form and character:
Michael E. O'Brien City Solicitor
EXHIBIT "A!'
!Olt. fl.
D�E�E-D
The CROMBIR STREET CONGREGATIONAL CHURCH OF SALEM, Massachu-
satts religious corporation, for consideration Paid Of SEVENTY THCUSAND
DOLLARS ($110,000.00), grant to ROBERT B. WALL and RUTH G. WALL, husband
and wife, as tenants by the entirety,
with QUITCLAIM CONVENANTS,
the land known as and at 13 Crombie Street in Salem, Essex County, Mass.,-
chusetta, with the buildings and Improvements thereon, bounded and d,.
scribed as r011oWs$
NORTHERLY by land now or formerly of the grantor, and formerly of
Joel Bowker, seventy-four reet, nine Jnches (741 9-),
- More or less;
SOUTHERLY by land now or late Of Pom�eroy and P ge. 3eventy-four
feet. six inches (741 6-), more or 1:33;
EASTSRLY by land now or formerly of the grantor, and forff4rly of
Bowker. twenty..eight feet, three inches (281 3")o more c,r
less; and
WESTERLY by Cromble,Street twefftY-eigh I t feet, three Inches
(28, 3"), more or I a as; 0 r however otherwise bounded,
Containing 2105 square feet Of la"11, more or less.
For Grantor-s title see Deed or Gertrude Farnha
Crocale Street Congregational Church Of Salem dated April 4, 1942n aaadU
recorded with Essex South District Registry of �,!eds, Book' 3290, Page 77.
1985. Executed as an instrument under seal this 15th day of August,=7
CROMBIE STPEET CONGREGATIONAL
ip M
14f.w.. 41 067�L71 IL Or-ZALEM
By :L ..
Chairman of
Board ustees
r U
----------
By:�
Tr
Commonwealth of MLS'
a 2-0,'4:_rt�s
E3aex,3s
August 15th, 1985
Then personally appeared the above-named Crombie Street Congre-
gational Church of Salem, by and through N. Jean Redwine,
&=T Chairman of' its Board of Trustees, and James A. Stone, its Treasurer,
both hereunto duly authorized both knovn to me, and ackr*Kledged the
foregoing instrument to be t�e free act and deed Of Said' cc;tporation,
before me.
William 4. K. Donaldson
Notary Public
MY commission expires April 17, 1992
Documentary Stamps S 159.60
EXHIBIT "B"
FACADE AGREEEMENT
DATE: July 10, 1985
SCOPE OF THE WORK
NAME: Robert B. Wall and Ruth G. Wall
ADDRESS: 13 Crombie St., Salem, Mass. 01970
JOB DESCRIPTION
NOTE: The Contractor shall:
1) Jack house where required. Remove up to 50% of the existing house sills where rotted.
Replace with pressure treated or preserved timbers, or PT laminated stock.
2) Point bricks where necessary, upper section of foundation. Rebuild left front corner
foundation. Poured concrete where required at upper section of foundation.
3) Rip off all clapboard and corner trim up to frieze board, including water tables, not
including window or door trim and molding. Dispose of old wood.
4) Remove and replace any rotted sheathing with ledger board sheathing, up to 30% of total sq.
footage of house.
5) Repair left rear corner post by means of lap joint about 41 from ground. Note: Subject to
Building Dept. approval.
6) Replace one window sill in middle room downstairs.
7) 'Replace kitchen door threshold with a hard pine threshold.
8) Install owners' red cedar clapboards over existing clapboard areas. Prep over TYVEK
barrier. Note: 90% of clapboard coverage to be purchased with Y2x6xI01 lengths or longer.
Max. exposure of clapboard to be 02". Install drip edge over doors and windows where new
siding is applied.
9) Replace facia on south side of house.
10) Stain entire house 2 coats of Ben Moore or equivalent oil base. Paint windows one coat Ben
Moore oil base paint after glazing. Paint doors, thresholds, window sills.
11) Repair 2 entrance doors.
12) Blow in celulouse insulation along entire outer wall perimeter of house.
13) Take care not to damage existing windows, doors, plaster walls, and ceilings as work
progresses.
14) Install one No. HRW 2-6, Mfg. Brosco, Y2 round window over one 6-pane wooden casement in
attic wall facing back yard.
15) Install one No. SV13, Mfg. Roto R02247, roof window on line side of house roof.
TOTAL $25,430.00
NOTE: Prior to start of construction, contractor will be unable to determine the condition of the
corner posts except for the one at the left rear corner. If repair or replacement is
necessary, there will be a cost of $20.00 per man hour plus materials and 10%.
EXHIBIT "C"
THIS DEED OF EASEMENT, made this day of 1985, between Robert B.
Wall and Ruth G. Wall, Owners of land and buildings located at 13 Crombie Street, Salem,
Massachusetts, and described and recorded in the South Essex District Registry of Deeds,
Book 7872, Page 018, hereinafter called the "Grantor" and the SALEM
REDEVELOPMENT AUTHORITY, a public body, politic and corporate duly organized and
existing pursuant to the provisions of the Housing and Urban Renewal Law of the
Commonwealth of Massachusetts, appearing in Massachusetts General Laws, Ter. Ed.,
Chapter 121B; and having its usual place of business in Salem, hereinafter called the
"Authority", its successors and assigns;
WHEREAS, the Grantors have entered into an Agreement dated October 1985
with the SALEM REDEVELOPMENT AUTHORITY which Agreement requires the grant of
the easement herein set forth; and
WHEREAS, the Authority has undertaken the Heritage Plaza-West Urban Renewal
Project in the City of Salem, which provides for among other things, the preservation and
-restoration of historic and architectural values associated with structures and areas
within the Project Area; and
WHEREAS, the said Urban Renewal Project imposes standards for exterior
appearance to be imposed on all structures designated for historic and/or architectural
preservation requiring, among other things, the acquisition and/or retention of facade
easements over individual properties by the Authority as a stimulus to preservation
activities; and
WHEREAS, the Grantor is the owner and holder of record of fee simple title to
certain real property located in the Urban Renewal Project Area and situated at 13
Crombie Street in said Salem, on which there is situated a structure of architectural
significance and value, said premises being bounded and described as as set forth in a deed
recorded in the South Essex District Registry of Deeds Book 7872, Page 018, bounded and
described as follows:
NORTHERLY by land now or formerly of the grantor, and formerly of-Joel
Bowker, seventy-four feet, nine inches (741-911), more or less;
SOUTHERLY by land now or late of Pomeroy and Page, seventy-four feet, six
inches (741-611),
EASTERLY by land now or formerly of the grantor, and formerly of
B-owker, twenty-eight feet, three inches (28'-3"), more or less;
and
WESTERLY by Crombie Street twenty-eight feet, three inches (281-311),
more or less; or however otherwise bounded.
Said premises contain 2,105 square feet of land more or less.
NOW THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
1. The Grantors do hereby grant and convey to the Authority an easement in gross
(known as a facade easement) over the exterior appearance of the structure situated on
the hereinbefore described premises. The Grantors will furnish and install pursuant to
said Agreement dated October 1985, upon or in connection with the, exterior of the
structure all additions, improvements, alterations, repairs, and services in accordance
with the construction plan for the rehabilitation, restoration and preservation of the
exterior appearance of said structure, which plan is on file in the office of the Building
Inspector of the City of Salem and the office of the Authority. The Grantor covenants and
agrees that the exterior appearance of said structure shall be maintained and preserved in
its completed state. The facade easement herein granted shall further permit the
Authority and its representatives, agents and/or employees to enter the property but not
the building situated thereon, thereafter whenever and to the extent reasonably
necessary for the purpose only of inspection and enforcement of the covenants and the
terms of the easement granted herein which the Authority is hereby entitled to enforce in
any court of competent jurisdiction. In the event of any default or failure, thereafter, on
the part of the Grantors to so maintain and preserve the exterior appearance of such
structure, whether in whole or in part, whether by omission or departure from the
standard and specifications hereinbefore designated, the Authority shall have the right,
power and authority at its election, after refusal or neglect by the Grantors to correct
such default or failure following a ninety (90) day notice to do so by the Authority, to
exercise the Grantors unfulfilled obligations hereunder including the right to remedy any
and all defective performance on the Grantors part and to charge the cost thereof to the
Grantors.
2. The structural changes, alterations, additions, or improvements over the
exterior appearance of the structure as would not in the opinion of the Authori ty 11
fundamentally alter its character or its setting may be made thereto by the Grantors
providing that the prior written approval of the Authority to such change, alteration or
improvements shall have been obtained, which approval shall not be unreasonably
-withheld. The Authority shall act upon a written request by the Grantors for such
approval within thirty (30) days of its receipt and shall give notice of any disapproval to
the Grantors in writing with reasons. If a'request for approval is not disap proved by the
Authority within thirty (30) days, it shall be deemed approved. In case of disapproval the
Grantors may within thirty (30) days after notice of disapproval request a review of the
disapproval by a person of competence and experience in such matters, designated by the
Salem Historical Commission or its chairman or acting chairman. The finding of this
review shall be binding on the Grantors and the Authority. The cost, if any, of such
review shall be shared equally by the Grantors and the Authority.
3. In case of damage by fire or other casualty so serious as to cause
reconstruction to be reasonably adjudged to be impractical, this easement, together with
all covenants, obligations, and restrictions herein recited shall terminate and otherwise
shall remain in effect without limit to time.
4. The Authority in its discretion may erect a single marker or sign not exceeding
one (1) foot by one (1) foot, which states the name of the Authority and advises that the
Authority owns the easement granted herein.
5. The covenants agreed to and the restrictions imposed, as aforesaid, shall not
only be binding upon the Grantors but also other successors to them in interest and shall
continue as a servitude running with the land in perpetuity with the above r-described
premises and shall survive any termination of the Authority's existence. All rights
reserved herein to the Authority may be exercised, modified, or released by its
successors or assigns or by its designee duly authorized in a deed or appointment
executed by its Chairman.
WITNESS our hands and seal this day of _, 1985.
WITNESS:
b t B II oi@eWao'
Ruth G. Walf, Owner
ACCEPTED: SALEM REDEVELOPMENT AUTHORITY
BY
Gerard Kavanaugh
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. 1985
Then personally appeared the above-named Robert B. Wall and Ruth G. Wall,
Owners of 13 Crombie Street and acknowledged the foregoing instrument to be
their free act and deed, before me,
Notary Public
My Commission Expires:
v",
AGREEMENT
THIS AGREEMENT, made this day of Octo�er, 1985 by and between Robert B.
Wall and Ruth G. Wall, Owners of land and buildings located at 13 Crombie Street, Salem,
Massachusetts, (hereinafter referred to as OWNER), the CITY OF SALEM, a municipal
corporation (hereinafter referred to as "CITY"), and the SALEM REDEVELOPMENT
AUTHORITY, a public body, politic and corporate duly organized and existing pursuant to
the provisions of the Housing & Urban Renewal Law of the Commonwealth of
Massachusetts and having its usual place of business in Salem, (hereinafter referred to as
"AUTHORITY").
WHEREAS, the OWNERS are the record title Owner of fee simple title to real
property situated at 13 Crombie Street, Salem , (see South Essex District Registry of
Deeds, Book 7872, Page 018 attached as Exhibit "A"), on which there is situated a
structure of architectural significance; and
WHEREAS, said real property is located in the Urban Renewal Project Area known
as and referred to as Heritage Plaza-West Urban Renewal Area within the City of Salem;
.and
WHEREAS, the CITY and the AUTHORITY have executed a Cooperation
Agreement, dated March 7, 1979, in which the CITY delegates to the AUTHORITY, and
the AUTHORITY agrees to undertake responsibilities with regard to the implementation
of Heritage Plaza West Urban Renewal Project, and
WHEREAS, the AUTHORITY has prepared an Urban Renewal Plan for the said
Urban Renewal Project Area which contains standards for exterior appearance to be
imposed on all structures designated for historic and/or architectural preservation
requiring, among other things, the acquisition and/or retention of facade easements over
individual properties by the AUTHORITY as a stimulus to preservation activities.
NOW, THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
ARTICLE I: Design Review and Rehabilitation Program
The OWNER shall, furnish, perform, and complete all work in accordance with the
SCOPE OF WORK for 13 Crombie Street attached as Exhibit "B" which has been approved
by the AUTHORITY. Any addition, improvement, alteration, repair or service furnished
or installed upon or in connection with the exterior of the structure shall be performed in
a good workmanlike manner.
ARTICLE 11: DEED OF EASEMENT
Upon completion of the work by the OWNER, the OWNER agrees to execute a Deed
of Easement substantially in the form attached hereto as Exhibit "C", which instrument is
to be recorded with said Registry of Deeds.
In consideration of the grant of the Deed of Easement, the CITY agrees to pay to
the OWNER a sum 50% of the co nstruction costs of the Scope of Work (Exhibit "B") but
not to exceed twelve thousand, four hundred dollars ($12,400.00). Said sum shall be paid,
only upon completion of the work to the satisfaction and approval of the Authority.
ARTICLE III: Timetable for Construction
Rehabilitation work shall commence on or before June 1, 1985 and shall be
completed no later than six (6) months from the date of commencement of work unless
prevented by strike, accident, weather or other reasonable cause in which case the parties
shall negotiate a time extension.
ARTICLE IV: Changes in Work
Any changes in the scope of work described in Article I above shall be submitted by
the OWNER to the AUTHORITY prior to the change being made by the OWNER . The
AUTHORITY shall give written notice approving said changes and stating reciprocal
changes in other aspects of this Agreement, including the amount of the grant or shall
reject such changes and shall state the reasons for such rejection.
ARTICLE V: Final Approval of Construction
The AUTHORITY reserves the right to make inspection of the completed
construction and to require remedial action by the OWkER when construction is not in
compliance with the work described and referenced to in Article I of this Agreement.
The AUTHORITY, as agent of the City, shall also have the right to require of the OWNER
any records or documents as may be necessary to verify the final construction cost.
ARTICLE VI: Noncompliance by the Owner
In the event the OWNER does not faithfully meet his obligations under this
Agreement, the AUTHORITY and the CITY shall have the right to reduce or abolish the
CITY's contribution under Article II of this Agreement.
ARTICLE VII: Time and Manner of Payment
The OWNER shall submit written notice of completion to the AUTHORITY. The
AUTHORITY shall within fourteen (14) days from the date of receipt of said Notice make
its determination under Article V herein. The CITY upon the issuance of final approval by
the AUTHORITY, shall reimburse the OWNER in accordance with the provisions of this
Agreement within sixty (60) days of the receipt of said final approval.
.ARTICLE VIU: Indemnification
The OWNER shall assume all risk of and shall save harmless, defend and indemnify
the AUTHORITY and the CITY against all acts, claims, demands, liabilities and damages
which may in any manner be imposed on or incurred by the AUTHORITY or the CITY as a
consequence of or arising out of the CITY's contribution to the cost of the work caused to
be done by the OWNER to achieve the rehabilitation of the exterior of said structure.
ARTICLE IX: Assignability
The OWNER shall not transfer any interest in this Agreement without prior written
consent of the AUTHORITY and the CITY.
ARTICLE X: Nondiscrimination
The OWNER shall not discriminate against any tenant or employee or applicant for
tenancy or employment because of race, color, religion, sex, age, or national origin.
ARTICLE XI: Amendment Purposes
This instrument contains the entire.and exclusive agreement between the parties
and supersedes and terminates all prior or contemperaneous arrangern ents,
understandings, and agreements, either oral or written. This AGREEMENT may not be
amended or modified, except by a writing executed in the same manner as herein by all
parties.
IN WITNESS WHEREOF, the CITY, the AUTHORITY and the OWNER-have caused
this Agreement to be executed in three original copies on the day and year first above
written.
CITY OF SALEM: SALEM REDEVELOPMENT AUTHORITY:
Gerard Kavanaugh City Planner Joan M. Boudreau, Chairman
OWNER:
Robert B. Wall, Owner
6
Ruth G. Wall, Owner
Funds have been appropriated for this purpose
under Community Development
Richard Hingston, City Auditor
Approved as to legal form and character:
Michael E. O'Brien City Solicitor
EXHIBIT "A!'
0-U-1-1-.C-L-A-r-M D�E�E-D
The CROM13IE STREET CONGRE:;ATIONAL CHURCH OF SALEM. a M11,achu-
Betts religious corporation, for consideration paid Of SEVENTY THCUSAND
DOLLARS ($70,000.00), grant to ROBERT B. WALL and RUTH S. WALL, husband
and wife, as tenants by the entirety,
with QUITCLAIM CONVENANTS,
the land known as and at 13 Crombie Street in Salem. Ess ex County, Massa-
chuffetts, with the buildings and improvements thereon, boUnded and de-
scribed as roziows:
NORTHERLY by land now Or formerly of the grantor, and ormerly of
Joel Bowker, seventY.four feet. nine Inch.'s (74, q-),
more or less;
SOUTHERLY by land now or let a of Pomeroy and Page. seventy-four
feet, six inch', (74, 6"). more or less;
EAST�RLY by land now 01' formerly or the grantor, and formerly of
Bowker, twenty..eight feet, three Inches (28' 3"), more or
leis; and
WESTERLY by Crombie Street twerrtY-eight rect, three Inches
(28' 3"), more ,r less; or however otherwise bounded,
Containing 2105 square feet Of land, more or less, ail
Croo�ie For Grantor-s title see Deed or Gertrude Farnhan tao
Street Congregational Church of Salem dated April 4, 194' and.
recorded with Ease'x South District Registry of' i�!ed.i, Book 3290, Page 77.
1985. Elecuted as an instrument under seal this 15th day of August,
7'1 CROMBIE STNEET CONGREGATIONAL
11 09,ZALEM
Za h: Pr=dilg�&Dd Chairman of
.aT
W_ By Board U.stees
h
.AS, pq ME
it 1=—,
By� --------
Tr
Commonwealth of' M( S3- usett3
E3sex,ss Auguat 15th. 1985
Then personally appeared the above-named Crombie Street Congre-
gational Chu rc h 0 f Salem, by and through N. Jean Redwine.
a=M Chairman of its Board of Tru3tees, and James A. Stone, its Treasurer,
both hereunto duly authorized, both known to me, and ack
roregoing instrument to be the free no�ledged the
before me. act and dead of said' oorporation,
William H. K. Donaldson
Notary Public
MY commission expires April 17, 1992
Documentary Stamps 159.60
EXHIBIT "B"
FACADE AGREEEMENT
DATE: July 10, 1985
SCOPE OF THE WORK
NAME: Robert B. Wall and Ruth G. Wall
ADDRESS: 13 Crombie St., Salem, Mass. 01970
JOB DESCRIPTION
NOTE: The Contractor shall:
1) Jack house where required. Remove up to 50% of the existing house sills where rotted.
Replace with pressure treated or preserved timbers, or PT laminated stock.
2) Point bricks where necessary, upper section of foundation. Rebuild left front corner
foundation. Poured concrete where required at upper section of foundation.
3) Rip off all clapboard and corner trim up to frieze board, including water tables, not
including window or door trim and molding. Dispose of old wood.
4) Rem ove and replace any rotted sheathing with ledger board sheathing, up to 30% of total sq.
footage of house.
1
5) R epair left rear corner post by means of lap joint about 41 from ground. Note: Subject to
Building Dept. approval.
6) Replace one window sill in middle room downstairs.
7) 'Replace kitchen door threshold with a hard pine threshold.
8) Install owners' red cedar clapboards over existing clapboard areas. Prep over TYVEK
barrier. Note: 90% of clapboard coverage to be purchased with Y2x6xlO' lengths or longer.
Max. exposure of clapboard to be 4Y2". Install drip edge over doors and windows where new
siding is applied.
9) Replace facia on south side of house.
10) Stain,entire house 2 coats of Ben Moore or equivalent oil base. Paint windows one coat Ben
Moore oil base paint after glazing. Paint doors, thresholds, window sills.
11) Repair 2 entrance doors.
12) Blow in celulouse insulation along entire.outer wall perimeter of house.
13) Take care not to damage existing windows, doors, plaster walls, and ceilings as work
progresses.
14) Install one No. HRW 2-6, Mfg. Brosco, Y2 round window over one 6-pane wooden casement in
attic wall facing back yard.
15) Install one No. SV13, Mfg. Roto R02247, roof window on line side of house roof.
TOTAL $25,430.00
NOTE: Prior to start of construction, contractor will be unable to determine the'condition of the
corner posts except for the one at the left rear corner. If repair or replacement is
necessary, there will be a cost of $20.00 per man hour plus materials and 10%.
EXHIBIT "C"
THIS DEED OF EASEMENT, made this day of 1985, between Robert B.
Wall and Ruth G. Wall, Owners of land and buildings located at 13 Crombie Street, Salem,
Massachusetts, and described and recorded in the South Essex District Registry of Deeds,
Book 7872, Page 018, hereinafter called the "Grantor" and the SALEM
REDEVELOPMENT AUTHORITY, a public body, politic and corporate duly organized and
existing pursuant to the provisions of the Housing and Urban Renewal Law of the
Commonwealth of Massachusetts, appearing in Massachusetts General Laws, Ter. Ed.,
Chapter 121B; and having its usual place of business in Salem, hereinafter called the
"Authority", its successors and assigns;
WHEREAS, the Grantors have entered into an Agreement dated October 1985
with the SALEM REDEVELOPMENT AUTHORITY which Agreement requires the grant of
the easement herein set forth; and
WHEREAS, the Authority has undertaken the Heritage Plaza-West Urban Renewal
Project in the City of Salem, which provides for among other things, the preservation and
restoration of historic and architectural values associated with structures and areas
within the Project Area; and
WHEREAS, the said Urban Renewal Project imposes standards for exterior
appearance to be imposed on all structures designated for historic and/or architectural
preservation requiring, among other things, the acquisition and/or retention of facade
easements over individual properties by the Authority as a stimulus to preservation
activities; and
WHEREAS, the Grantor is the owner and holder of record of fee simple title to
certain real property located in the Urban Renewal Project Area and situated at 13
Crombie Street in said Salem, on which there is situated a structure of architectural
significance and value, said premises being bounded and described as as set forth in a deed
recorded in the South Essex District Registry of Deeds Book 7872, Page 018, bounded and
described as follows:
NORTHERLY by land now or formerly of the grantor, and formerly of�Joel
Bowker, seventy-four feet, nine inches (741-911), more or less;
SOUTHERLY by land now or late of Pomeroy and Page, seventy-four feet, six
inches (741-69,
EASTERLY by land now or formerly of the grantor, and formerly of
Bowker, twenty-eight feet, three inches (281-311), more or less;
and
WESTERLY by Crombie Street twenty-eight feet, three inches (28'-3"),
more or less; or however otherwise bounded.
Said premises contain 2,105 square feet of land more or less.
NOW THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
1. The Grantors do hereby grant and convey to the Authority an easement in gross
(known as a facade easement) over the exterior appearance of the structure situated on
the hereinbefore described premises. The Grantors will furnish and install pursuant to
said Agreement dated October 1985, upon or in connection with the, exterior of the
structure all additions, improvements, alterations, repairs, and services in accordance
with the construction plan for the rehabilitation, restoration and preservation of the
exterior appearance of said structure, which plan is on file in the office of the Building
Inspector of the City of Salem and the office of the Authority. The Grantor covenants and
agrees that the exterior appearance of said structure shall be maintained and preserved in
its c ompleted state. The facade easement herein granted shall further permit the
Authority and its representatives, agents and/or employees to enter the property but not
the building situated thereon, thereafter whenever and to the extent reasonably
necessary for the purpose only of inspection and enforcement of the covenants and the
terms of the easement granted herein which the Authority is hereby entitled to enforce in
any court of competent jurisdiction. In the event of any default or failure, thereafter, on
the part of the Grantors to so maintain and preserve the exterior appearance of such
structure, whether in whole or in part, whether by omission or departure from the
standard and specifications hereinbefore designated, the Authority shall have the right,
power and authority at its election, after refusal or neglect by the Grantors to correct
such default or failure following a ninety (90) day notice to do so by the Authority, to
exercise the Grantors unfulfilled obligations hereunder including the right to remedy any
and All defective performance on the Grantors part and to charge the cost thereof to the
Grantors.
2. The structural changes, alterations, additions, or improvements over the
exterior appearance of the structure as would not in the opinion of the Authority�
fundamentally alter its character or its setting may be made thereto by the Grantors
providing that the prior written approval of the Authority to such change, alteration or
improvements shall have been obtained, which approval shall not be unreasonably
-withheld. The Authority shall act upon a written request by the Grantors for such
approval within thirty (30) days of its receipt and shall give notice of any disapproval to
the Grantors in writing with reasons. If a request for Approval is not disapproved by the
Authority within thirty (30) days, it shall be deemed approved. In case of disapproval the
Grantors may within thirty (30) days after notice of disapproval request a review of the
disapproval by a person of competence and experience in such matters, designated by the
Salem Historical Commission or its chairman or acting chairman. The finding of this
review shall be binding on the Grantors and the Authority. The cost, if any, of such
review shall be shared equally by the Grantors and the Authority.
3. In case of damage by fire or other casualty so serious as to cause
reconstruction to be reasonably adjudged to be impractical, this easement, together with
all covenants, obligations, and restrictions herein recited shall terminate and otherwise
shall remain in effect without limit to time.
4. The Authority in its discretion may erect a single marker or sign not exceeding
one (1) foot by one (1) foot, which states the name of the Authority and advises that the
Authori ty owns the easement granted herein.
5. The covenants agreed to and the restrictions imposed, as aforesaid, shall not
only be binding upon the Grantors but also other successors to them in interest and shall
continue as a servitude running with the land in perpetuity with the above-described
premises and shall survive any termination of the Authority's existence. All eights
reserved herein to the Authority may be exercised, modified, or released by its
successors or assigns or by its designee duly authorized in a deed or appointment
executed by its Chairman.
WITNESS our hands and seal this day of 1985.
WITNESS:
:Rt B. Wall,�Owner Uj
'o r
7 1 W
uth G. Wall, Owner
ACCEPTED: SALEM REDEVELOPMENT AUTHORITY
BY
Gerard Kavanaugh
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. 1985
Then personally appeared the above-named Robert B. Wall and Ruth G. Wall,
Owners of 13 Crombie Street and acknowledged the foregoing instrument to be
their free act and deed, before me,
Notary Public
My Commission Expires:
AGREEMENT
THIS AGREEMENT, made this day of Octo8er2 1985 by and between Robert B.
Wall and Ruth G. Wall, Owners of land and bull dings located at 13 Crombie Street, Salem,
Massachusetts, (hereinafter referred to as OWNER), the CITY OF SALEM, a municipal
corporation (hereinafter referred to as "CITY"), and the SALEM REDEVELOPMENT
AUTHORITY, a public body, politic and corporate duly organized and existing pursuant to
the provisions of the Housing & Urban Renewal Law of the Commonwealth of
Massachusetts and having its usual place of business in Salem, (hereinafter referred to as
"AUTHORITY").
WHEREAS, the OWNERS are the record title Owner of fee simple title to real
property situated at 13 Crombie Street, Salem , (see South Essex District Registry of
Deeds, Book 7872, Page 018 attached as Exhibit "All), on which there is situated a
structure of architectural significance; and
WHEREAS, said real property is located in the Urban Renewal Project Area known
as and referred to as Heritage Plaza-West Urban Renewal Area within the City of Salem;
.and
WHEREAS, the CITY and the AUTHORITY have executed a Cooperation
Agreement, dated March 7, 1979, in which the CITY delegates to the AUTHORITY, and
the AUTHORITY agrees to undertake responsibilities with regard to the implementation
of Heritage Plaza West Urban Renewal Project, and
WHEREAS, the AUTHORITY has prepared an Urban Renewal Plan for the said
Urban Renewal Project Area which contains standards for exterior appearance to be
imposed on all structures designated for historic and/or architectural preservation
requiring, among other things, the acquisition arid/or retention of facade easements over
individual properties by the AUTHORITY as a stimulus to preservation activities.
NOW, THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
ARTICLE 1: Design Review and Rehabilitation Program
The OWNER shall. furnish, perform, and complete all work in accordance with the
SCOPE OF WORK for 13 Crombie Street attached as Exhibit "B" which has been approv--d
by the AUTHORITY. Any addition, improvement, alteration, repair or service furnished
or installed upon or in connection with the exterior of the structure shall be performed in
a good workmanlike manner.
ARTICLE II: DEED OF EASEMENT
Upon completion of the work by the OWNER, the OWNER agrees to execute a Deed
of Easement substantially in the form attached hereto as Exhibit "C", which instrument is
to be recorded with said Registry of Deeds.
In consideration of the grant of the Deed of Easement, the CITY agrees to pay to
the OWNER a sum 50% of the construction costs of the Scope of Work (Exhibit "B") but
not to exceed twelve thousand, four hundred dollars ($12,400.00). Said sum shall be paid
6nly upon completion of the work to the satisfaction and approval of the Authority.
ARTICLE III: Timetable for Construction
Rehabilitation work shall commence on or before June 1, 1985 and shall be
completed no later than six (6) months from the date of commencement of work unless
prevented by strike, accident, weather or other reasonable cause in which case the parties
shall negotiate a time extension.
ARTICLE IV: Changes in Work
Any changes in the scope of work described in Article I above shall be submitted by
the OWNER to the AUTHORITY prior to the change being made by the OWNER . The
AUTHORITY shall give written notice approving said changes and stating reciprocal
changes in other aspects of this Agreement, including the amount of the grant or shall
reject such changes and shall state the reasons for such rejection.
ARTICLE V: Final Approval of Construction
The AUTHORITY reserves the right to.make inspection of the completed
construction and to require remedial action by the OWkER when construction is not in
compliance with the Work described and referenced to in Article I of this Agreement.
The AUTHORITY, as agent of the City, shall also have the right to require of the OWNER
any records or documents as may be necessary to verify the final construction cost.
ARTICLE VI: Noncompliance by the Owner
. In the event the OWNER does not faithfully meet his obligations under this
Agreement, the AUTHORITY and ther, CITY shall have the right to reduce or abolish the
CITY's contribution under Article Il of this Agreement.
ARTICLE VII: Time and Manner of Payment
The OWNER shall submit written notice of completion to the AUTHORITY. The
AUTHORITY shall within fourteen (14) days from the date of receipt of said Notice make
its determination under Article V herein. The CITY upon the issuance of final approval by
the AUTHORITY, shall reimburse the OWNER in accordance with the provisions of this
Agreement within sixty (60) days of the receipt of said final approval.
.ARTICLE VM: Indemnification
The OWNER shall. assume all risk of and shall save harmless, defend and indemnify
the AUTHORITY and the CITY against all acts, claims, demands, liabilities and damages
which may in any manner be imposed on or incurred by the AUTHORITY or the CITY as a
consequence of or arising out of the CITY's contribution to the cost of the work caused to
be done by the OWNER to achieve the rehabilitation of the exterior of said structure.
ARTICLE IX. Assignability
The OWNER shall not transfer any interest in this Agreement without prior written
consent of the AUTHORITY and the CITY.
ARTICLE X: Nondiscrimination
The OWNER shall not discriminate against any tenant or employee or applicant for
tenancy or employment because of race, color, religion, sex, age, or national origin.
ARTICLE XI: Amendment Purposes
This instrument contains the entire and exclusive agreement between the parties
and supersedes and terminates all prior or contempera6eous arrangements,
understandings, and agreements, either oral or written. This AGREEMENT may not be
amended or modified, except by a writing executed in the same manner as herein by all
parties.
IN WITNESS WHEREOF, the CITY, the AUTHORITY and the OWNER have caused
this Agreement to be executed in three original copies on the day and year first above
written.
CITY OF SALEM: SALEM REDEVELOPMENT AUTHORITY:
Gerard Kavanaugh City Planner Joan M. Boudreau, Chairman
OWNER:
lo�erdB�Wall,Zwner
la 6� "q
R'uth G. Wall, Owner
Funds have been appropriated for this purpose
under Community Development
Richard Hingston, City Auditor
Approved as to legal form and character:
Michael E. O'Brien City Solicitor
EXHIBIT "A!'
K 78;,;2 0j.8
ou
Q-U-1-T-C-L-A-1-H D-E-E-D
The CROMBIE STREET CDNGREGATIORAL CHURCH OF SALEM. a Massachu-
setts religious corporation, ror consideration paid of SEVENTY THCUSAND
DOLLARS ($70,000.00), grant to ROBERT B. WALL and RUTH G. WALL. husband
and wife, as tenants by the entirety, etr ,� f,_&
with QUITCLAIM CONVERANTS,
the land known as and at 13 Crombie Street In Salem, Essex County, Massa-
chueetts, with the buildings and improvements tnerean, bounded and de-
scribed as f011OW31
NORTHERLY by land now or formerly of the grantor, and formerly of
-Joel Bowker, 3eventy-four feet, nine Inches (74' 9"),
more or less;
SOUTHERLY by land now or Is te of Pomeroy and Page, seventy-rour
feet. si.x Inch 4�3 (741 6'), more or less;
EASTSRLY by land now or_rormerly or the grantor, and formerly of
Bowker, twenty eight feet, three Inches (28' 3'), core or
less; and
WESTERLY by Crombie Street twen-ty-eight rect, three inches
(28' 3"), more or less; or however otherwise bounded,
Containing 2105 square feet of land, more or less.
For Grantor's title see Deed of Gertrude Farnham tou
Cromble Str e et Congregational Church of Salem, dated April 4, 194' and
recorded with Essex South District Registry or Do.eds, Book 3290v Page&77.
Executed as an instrument under seal this 15th day or August:07
1985.
$—I,- —1 CROMEIE STREET CONGREGATIONAL
F
i Z,�j 1� Or.ZALEM
o KU, 4 —1
4 M
By:
Chairman of
Board -Lf uslee3
By:- ��t---------
r..3.1
I t,
J.'eT
Treasurer
Commonwea of' ES311 ts
E3sex,ss Augunt 15th, 1985
Then personally appeared the above-namid Crombie Street Congre-
gational Church of' Salem, by and through S. Jean Redwine,
aznd: Cnairman of its Board of Trustees, and James A. Stone. Its Treasurer,
both hereunto duly authorized, both known to me, and ackrre4(ledged the
foregoing instrument to be the free act and des
before me. d Of said' 00:poration,
William H. K. Donaldson
Notary Public
MY Commission expires April 17, 1992
Documentary Stamps S 159.60
EXHIBIT "B"
FACADE AGREEEMENT
DATE: July 10, 1985
SCOPE OF THE WORK
NAME: Robert B. Wall and Ruth G. Wall
ADDRESS: 13 Crombie St., Salem, Mass. 01970
JOB DESCRIPTION
NOTE: The Contractor shall:
1) Jack house where required. Remove up to 50% of the existing house sills where rotted.
Replace with pressure treated or preserved timbers, or PT laminated stock.
2) Point bricks where necessary, upper section of foundation. Rebuild left front corne r
foundation. Poured concrete where required at upper section of foundation.
3) Rip,off all clapboard and corner trim up to frieze board, including water tables, not
including window or door trim and molding. Dispose of old wood.
4) Rem ove and replace any rotted sheathing with ledger board sheathing, up to 30% of total sq.
footage of house.
5) Repair left rear corner post by means of lap joint about 41 from ground. Note: Subject to
Building Dept. approval.
'6) Replace one window sill in middle room downstairs.
7) Replace kitchen door threshold with a hard pine threshold.
8) Install owners' red cedar clapboards over existing clapboard areas. Prep over TYVEK
barrier. Note: 90% of clapboard coverage to be purchased with Y2x6xI01 lengths or longer.
Max. exposure of clapboard to be 4Y2". Install drip edge over doors and windows where new
siding is applied.
9) Replace facia on south side of house.
10) Stain entire house 2 coats of Ben Moore or equivalent oil base. Paint windows one coat Ben
Moore oil base paint after glazing. Paint doors, thresholds, window sills.
11) Repair 2 entrance doors.
12) Blow in celulouse insulation along entire outer wall perimeter of house.
13) Take care not to damage existing windows, doors, plaste� walls, and ceilings as work
progresses.
14) Install one No. HRW 2-6, Mfg. Brosco, Y2 round window over one 6-pane wooden casement in
attic wall facing back yard.
15) Install one No. SV13, Mfg. Roto R02247, roof window on line sid e of house roof.
TOTAL $25,430.00
NOTE: Prior to start of construction, contractor will be unable to determine the condition of the
corner posts except for the one at the left rear corner. If repair or replacement is
necessary, there will be a cost of $20.00 per man hour plus materials and 10%.
EXHIBIT "C"
THIS DEED OF EASEMENT, made this day 6f 1985, between Robert B.
Wall and Ruth G. Wall, Owners of land and buildings located at 13 Crombie Street, Salem,
Massachusetts, and described and recorded in the South Essex District Registry of Deeds,
Book 7872, Page 018, hereinafter called the "Grantor" and the SALEM
REDEVELOPMENT AUTHORITY, a public body, politic and corporate duly organized and
existing pursuant to the provisions of the Housing and Urban Renewal Law of the
Commonwealth of Massachusetts, appearing in Massachusetts General Laws, Ter. Ed.,
Cha pter 12 1�; and having its usual place of business in Salem, hereinafter called the
"Authority", its successors and assigns;
WHEREAS, the Grantors have entered into an Agreement dated October 1985
with the SALEM REDEVELOPMENT AUTHORITY which Agreement requires the grant of
the easement herein set forth; and
WHEREAS, the Authority has undertaken the Heritage Plaza-West Urban Renewal
Project in the City of Salem, which provides for among other things, the preservation and
restoration of historic and architectural values associated with structures and areas
within the Project Area; and
WHEREAS, the said Urban Renewal Project imposes standards for exterior
appearance to be imposed on all structures designated for historic and/or architectural
preservation requi ring, among other things, the acquisition and/or retention of facade
easements. over individual properties by the Authority as a stimulus to preservation
activities; and
WHEREAS, the Grantor is the owner and holder of record of fee simple title to
certain real property located in the Urban Renewal Project Area and situated at 13
Crombie Street in said Salem, on which there is situated a structure of architectural
significance and value, said premises being bounded and described as as set forth in a deed
recorded in the South Essex District Registry of Deeds Book 7872, Page 018, bounded and
described as follows:
NORTHERLY by land now or formerly of the grantor, and formerly of�Joel
Bowker, seventy-four feet, nine inches (741-9")s more or less;
SOUTHERLY by land now or late of Pomeroy and Page, seventy-four feet, six
inches (741-6"),
EASTERLY by land now or formerly of the grantor, and formerly of
B-owker, twenty-eight feet, three inches (281-3"), more-or less;
and
WESTERLY by Cromble Street twenty-eight feet, three inches (28'-3"),
more or less; or however otherwise bounded.
Said premises contain 2,105 square feet of land more or less.
NOW THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
1. The Grantors do hereby grant and convey to the Authority an easement in gross,
(known as a facade easement) over the exterior appearance of the structure situated on
the hereinbefore described premises. The Grantors will furnish and install pursuant to
said Agreement dated October , 1985, upon or in connection with the exterior of the
structure all additions, improvements, alterations, repairs, and services in accordance
with the construction plan for the rehabilitation, restoration and preservation of the
exterior appearance of said structure, which planis on file in the office of the Building
Inspector of the City of Salem and the office of the Authority. The Grantor covenants and
agrees that the exterior appearance of said structure shall be maintained and preserved in
its completed state. The facade easement herein granted shall further permit the
Authority and its representatives, agents and/or employees to enter the property but not
the building situated thereon, thereafter whenever and to the extent reasonably
necessary for the purpose only of inspection and enforcement of the covenants and the
terms of the easement granted herein which the Autho rity is hereby entitled to enforce in
,any court of competent jurisdiction. In the event of any default or failure, thereafter, on
the part of the Grantors to so maintain and preserve the exterior appearance of such
structure, whether in whole or in part, whether by omission or departure from the
standard and specifications hereinbef ore designated, the Authority shall have the right,,,
power and authority at its election, after refusal or neglect by the Grantors to correct
such default or failure following a ninety (90) day notice to do so by the Authority, to
exercise the Gran,tors unfulfilled obligations hereunder including the right to remedy any
and all defective performance on the Grantors part and to charge the cost thereof to the
Grantors.
2. The structural changes, alterations, additions, or improvements over the
exterior appearance of the structure as would not in the opinion of the Authority'
fundamentally alter its character or its setting may be made thereto by the Grantors
providing that the prior written approval of the Authority to such change, alteration or
improvements shall have been obtained, which approval shall not be unreasonably
-N�ithhel.d. The Authority shall act upon a written request by the Grantors for such
approval within thirty (30) days of its receipt and shall give notice of any disapproval to
the Grantors in writing with reasons. If a request for approval is not disapproved by the
Authority within thirty (30) days, it shall be deemed approved In case of disapproval the
Grantors may within thirty (30) days after notice of disapproval request a review of the
disapproval by a person of competence and experience in such matters, designated by the
.Salem Historical Commission or its chairman or acting chairman. The finding of this
review shall be binding on the Grantors and the Authority. The cost, if any, of such
review shall be shared equally by the Grantors and the Authority.
3. In case of damage by fire or other casualty so serious as to cause
reconstruction to be reasonably adjudged to be impractical, this easement, together with
all covenants, obligations, and restrictions herein recited shall terminate and otherwise
shall remain in effect without limit to time.
4. The Authority in its discretion may erect a single marker or sign not exceeding
one (1) foot by one (1) foot, which states the na me of the Authority and advises that the
Authority owns the easement granted herein.
5. The covenants agreed to and the restrictions imposed, as aforesaid, shall not
only be binding upon the Grantors but also other successors to them in interest and shall
continue as a servitude running with the land in perpetuity with the above-described
premises and shall survive any termination of the Authority's existence. All rights
reserved herein to the Authority may be exercised, modified, or released by its
successors or assigns or by its designee duly authorized in a deed or appointment
executed by its Chairman.
WITNESS our hands and seal this day of 1985.
WITNESS:
Robert B. Wall, Owner
R L (NJ/
Ruth G. Wall, Owner
ACCEPTED: SALEM REDEVELOPMENT AUTHORITY
BY
Gerard Kavanaugh
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. 1985
Then personally appeared the above-named Robert B. Wall and Ruth G. Wall,
Owners of 13 Crombie Street and acknowledged the foregoing instrument to be
their free act and deed, before me,
Notary Public
My Commission Expires:
AGREEMENT
THIS AGREEMENT, made this day of Octo�ero 1985 by and between Robert B.
Wall and Ruth G. Wall, owners of land and buildings located at 13 Crombie Street, Salem,
Massachusetts, (hereinafter referred to as OWNER), the CITY OF SALEM, a municipal
corporation (hereinafter referred to as "CITY"), and the SALEM REDEVELOPMENT
AUTHORITY, a public body, politic and corporate duly organized and existing pursuant to
the provisions of the Housing & Urban Renewal Law of the Commonwealth of
Massachusetts and having its usual place of business in Salem., (hereinafter referred to as
"AUTHORITY").
WHEREAS, the OWNERS are the record title owner of fee simple title to real
property situated at 13 Cromble Street, Salem , (see SouthEssex District Registry of
Deeds, Book 7872, Page 018 attached as Exhibit "A"), on which there is situated'a
structure of architectural significance; and
WHEREAS, said real property is located in the Urban Renewal Project Area known
as and referred to as Heritage Plaza-West Urban Renewal Area within the City of Salem;
.and
WHEREAS, the CITY and the AUTHORITY have executed a Cooperation
Agreement, dated March 7, 1979, in which the CITY delegates to the AUTHORITY� and
the AUTHORITY agrees to undertake responsibilities with regard to the implementation
of Heritage Plaza West Urban Renewal Project, and
WHEREAS, the AUTHORITY has prepared an Urban Renewal Plan for the said
Urban Renewal Project Area which contains standards for exterior appearance to be
imposed on all structures designated for historic and/or architectural preservation
requiring, among other things, the acquisition and/or retention of facade easements over
individual properties by the AUTHORITY as a stimulus to preservation activities.
NOW, THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
ARTICLE 1: Design Review and Rehabilitation Program
The OWNER shall, furnish, perform, and complete all work in accordance with the
SCOPE OF WORK for 13 Crombie Street attached as Exhibit "B" which has been approved
by the AUTHORITY. Any addition, improvement, alteration, repair or service furnished
or installed upon or in connection with the exterior of the structure shall be performed in
a good workmanlike manner.
ARTICLE 11: DEED OF EASEMENT
Upon completion of the work by the OWNER, the OWNER agrees to execute a Deed
of Easement substantially in the form attached hereto as Exhibit "C", which instrument is
to be recorded with said Registry of Deeds.
In consideration of the grant of the Deed of Easement, the CITY agrees to pay to
the OWNER a sum 50% of the construction costs of the Scope of Work (Exhibit "B") but
not to exceed twelve thousand, four hundred dollars ($12,400.00). Said sum shall be paid
only upon completion of the work to the satisfaction and approval of the Authority.
ARTICLE III: Timetable for Construction
Rehabilitation work shall commence on or before June 1, 1985 and shall be
completed no later than six (6) months from the date of commencement of work unless
prevented by strike, accident, weather or other reasonable cause in which case the parties
shall negotiate a time extension.
ARTICLE IV: Changes in Work
Any changes in the scope of work described in Article I above shall be submitted by
the OWNER to the AUTHORITY prior to the change being made by the OWNER . The
AUTHORITY shall give written notice approving said changes and stating reciprocal
changes in other aspects of this Agreement, including the amount of the grant or shall
reject such changes and.shall state the reasons for such rejection.
ARTICLE V: Final Approval of Construction
The AUTHORITY reserves the right tomake inspection of the completed
construction and to require remedial action by the OWNER when construction is not in
compliance with the Work described and referenced to in Article I of this Agreement.
The AUTHORITY, as agent of the City, shall also have the right to require of the OWNER
any records or documents as may be necessary to verify the final construction cost.
ARTICLE VI: Noncompliance by the Owner
In the event the OWNER does not faithfully meet his obligations under this
Agreement, the AUTHORITY and the CITY shall have the right to reduce or abolish the
CITY's contribution under Article Il of this Agreement.
ARTICLE VII: Time and Manner of Payment
The OWNER shall submit written notice of completion to the AUTHORITY. The
AUTHORITY shall within fourteen (14) days from the date of receipt of said Notice make
its determination under Article V herein, The CITY upon the issuance of final approval by
the AUTHORITY, shall reimburse the OWNER in accordance with the provisions of this
Agreement within sixty (60) days of the receipt of said final approval.
.ARTICLE VIII: Indemnification
The OWNER shall assume all risk of and shall save harmless, defend and indemnify,;.
thia AUTHORITY and the CITY against all acts, claims, demands, liabilities and damages
which may in any manner be imposed on or incurred by the AUTHORITY or the CITY as a
consequence of or arising out of the CITY's contribution to the cost of the work caused to
be done by the OWNER to achieve the rehabilitation of the exterior of said structure.
..ARTICLE IX: Assignability
The OWNER shall not transfer any interest in this Agreement without prior written
consent of the AUTHORITY and the CITY.
ARTICLE X: Nondiscrimination
The OWNER shall not discriminate against any tenant or employee or applicant for
tenancy or employment because of race, color, religion, sex, age, or national origin.
ARTICLE XI: Amendment Purposes
This instrument contains the entire and exclusive agreement between the parties
and supersedes and terminates all prior or contemperaneous arrangements,
understandings, and agreements, either oral or written. This AGREEMENT may not be
amended or modified, except by a writing executed in the same manner as herein by all
parties.
IN WITNESS WHEREOF, the CITY, the AUTHORITY and the OWNER have caused
this Agreement to be executed in three original copies on the day and yea� first above
writtem
CITY OF SALEM: SALEM REDEVELOPMENT AUTHORITY:
Gerard Kavanaugh City Planner Joan M. Boudreau, Chairman
OWNER:
Robert B. Wall, Owner
J&lk C
R�uth G. Wall, Owner
Funds have been appropriated for this purpose
under Community Development
Richard Hingston, City Auditor
Approved as to legal form and character:
Michael E. O'Brien City Solicitor
EXHIBIT "A!'
1-1 12 wr (jj6
0
O-U-1-T,C-L-L-1-M_D-E-E-E,
The CROMBIE STREET CONGREGATIONAL CHURCH OF SALEM, a Masachu-
setts religious corporation, for consideration paid Of -SEVENTY THCUSAND
DOLLARS (STO,000.00), grant to ROBERT B. WALL and RUTH 6. WALL, husband
and wife, as tenants by the entirety, ,, ,, r,_&
with QUITCLAIM CONVERANTS,
the land known as and at 13 Cromble Street In Salemg Essex County, mass,,.
chuzetts, with the buildings and improvements ttereon, bounded and de-
scribed as follows:
NORTHERLY by land now or formerly or the grantor, nd rormerly of
Bowker, seventy-four feet, nine
Joel inches (741 9-1,
more or less;
SOUTHERLY by land now or late Of Pomeroy and Page, seventy-four
feet, six 1nchv3 (741 6-), more or less;
EASTSRLY by land now or formerly of' the grantor' and formerly of
Bowker, twenty-eight feet, three Inches (28' 3-), more c.r
less; and
WESTERLY by Cromble Street twerrty-elght rent, three Inches
(28' 3"). more or less; or however otherwise bounded,
Containing 2105 square feet or Larji, more or less.
For Grantor's title see Deed or Gertrude rarnhan t
Cromole Street Congregational Church of Salem, dated April 4, 1942 and M
recorded with Essex South District Registry of' Dped3, Book 3290, Page 77. 'T
1985. Executed as an instrument under seal this 15th day of August,
CRONEIE STNEET CONGFEGATIONAL
-X Or-SALEM
ULT -------
Chairman of
B Board, ustee3
oa
---- - -------
Treasurer
Commonwealth tt,
of M&as- usetts
August 15th, 1985
Then personally appeared the above-named Crombie Street Congre-
gational Church of Salem, by and through N. Jean Redwine, jt=:eMit11j=-t
&= Cnairman or its Board of Trustee3v and James A. Stone, Its Treasurer,
both hereunto duly authorized, both known to me, and ackyro*,ledged the
foregoing instrument to be the free act and deed Of salcr acrporation,
before me.
I/duir ----
William H. K. Donaldson
Notary Public
MY commission expires April 17. 1992
Documentary Stamps $ 159.60
EXHIBIT "B"
FACADE AGREEEMENT
DATE: July 10, 1985
SCOPE OF THE WORK
NAME: Robert B. Wall and Ruth G. Wall
ADDRESS: 13 Crombie St., Salem, Mass. 01970
JOB DESCRIPTION
NOTE: The Contractor shall:
1) lack house where required. Remove up to 50% of the existing house sills where rotted.
Replace with pressure treated or preserved timbers, or PT laminated stock.
2) Point bricks where necessary, upper section of foundation. Rebuild left front corner
foundation. Poured concrete where required at upper section of foundation.
3) Rip off all clapboard and corner trim up to frieze board, including water tables, not
including window or door trim and molding. Dispose of old wood.
4) Remove and replace any rotted sheathing with ledger board sheathing, up to 30% of total sq.
footage of house.
Repair left rear corner post by means of lap joint about 41 from ground. Note: Subject to
Building Dept. approval.
6) Replace one window sill in middle room downstairs.
7) 'Replace kitchen door threshold with a hard pine threshold.
8) Install owners' red cedar clapboards over existing clapboard areas. Prep over TYVEK
barrier. Note: 90% of clapboard coverage to be purchased with Y2x6xlO' lengths or longer.
Max. exposure of clapboard to be 4Y2". Install drip edge over doors and windows where new
siding is applied.
9) Replace facia on south side of house.
10) Stain entire house 2 coats of Ben Moore or equivalent oil base. Paint windows one coat Ben
Moore oil base paint after glazing. Paint doors, thresholds, window sills.
11) Repair 2 entrance doors.
12) Blow in celulouse insulation along entire outer wall perimeter of house.
13) Take care not to damage existing windows, doors, plaste� walls, and ceilings as work
progresses.
14) Install one No. HRW 2-6, Mfg. Brosco, Yz round window over one 6-pane wooden casement in
attic wall facing back yard.
15) Install one No. SV13, Mfg. Roto R02247, roof window on line side of house roof.
TOTAL $25,430.00
NOTE: Priorto start of cons,truction, contractor will be unable to determine the condition of thra
corner posts except for the one at the left rear corner. If repair or replacement is 40
necessary, th6re will be a cost of $20.00 per man hour plus materials and 10%.
EXHIBIT "C"
THIS DEED OF EASEMENT, made this day of 1985, between Robert B.
Wall and Ruth G. Wall, Owners of land and bui Idings located at 13 Crombie Street, Salem,
Massachusetts, and described and recorded in the South Essex District Registry of Deeds,
Book 7872, Page 018, hereinafter called the "Grantor" and the SALEM I I I
REDEVELOPMENT AUTHORITY, a public body, politic and corporate duly organized and
existing pursuant to the provisions of the Housing and Urban Renewal Law of the
Commonwealth of Massachusetts, appearing in Massachusetts General Laws, Ter. Ed.,
Chapter 121B; and having its usual place of business in Salem, hereinafter called the
"Authority", its successors and assigns;
WHEREAS, the Grantors have entered into an Agreement dated October 1985
with the SALEM REDEVELOPMENT AUTHORITY which Agreement requires the grant of
the easement herein set forth; and
WHEREAS, the Authority has undertaken the Heritage Plaza-West Urban Renewal
Project in the City of Salem, which provides for among other things, the preservation and
-restoration of historic and architectural values associated with structures and areas
within the Project Area; and
WHEREAS, the said Urban Renewal Project imposes standards for exterior
appearance to be imposed on all structures designated for historic and/or architectural
preservation requiring, among other things, the acquisition and/or retention of facade
easements over individual properties by the Authority as a stimulus to preservation
activities; and
WHEREAS, the Grantor is the owner and holder of record of fee simple title to
certain real property located in the Urban Renewal Project Area and situated at 13
Crombie Street in said Salem, on which there is situated a structure of architectural
significance and value, said premises being bounded and described as as set forth in a deed
recorded in the South Essex District Registry of Deeds Book 7872, Page 018, bounded and
described as follows:
NORTHERLY by land now or formerly of the grantor, and formerly of-Joel
Bowker, seventy-four feet, nine inches (741-99, more or less;
SOUTHERLY by land now or late of Pomeroy and Page, seventy-four feet, six
inches (741-611),
EASTERLY by land now or formerly of the grantor, and formerly of
B-owker, twenty-eight feet, three inches (281-399 more or less;
and
WESTERLY by Crombie Street twenty-eight feet, three inches (281-399
more or less; or however otherw.ise bounded.
Said premises contain 2,105 square feet of land more-or less.
NOW THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
1. The Grantors do hereby grant and convey to the Authority an easement in gross.
(known as a facade easement) over the exterior appearance of the structure situated on
the hereinbefore described premises. The Grantors will furnish and install pursuant to
s�id Agreement dated October 1985, upon or in connection with the exterior of the
structure all additions, improvements, alterations, repairs, and services in accordance
with the construction plan for the rehabilitation, restoration and preservation of the
exterior appearance of said structure, which planis on file in the office of the Building
Inspector of the City of Salem and the office of the Authority. The Grantor covenants and
agrees that the exterior appearance of said structure shall be maintained and preserved in
its completed state. The facade easement herein granted shall further permit the
Authority and its representatives, agents and/or employees to enter the property but not
the building situated thereon, thereafter whenever and to the extent reasonably
necessary for the purpose only of inspection and enforcement of the covenants and the
terms of the easement granted herein which the Authority is hereby entitled to enforce in
any court of competent jurisdiction. In the event of any default or failure, thereafter, on
the part of the Grantors to so maintain and preserve the exterior appearance of such
structure, whether in whole or in part, whether by omission or departure from the
standard and specifications hereinbefore designated, the Authority shall have the right,
power and authority at its election, after refusal or neglect by the Grantors to correct
such default or failure following a ninety (90) day notice to do so by the Authority, to
exercise the Grantors unfulfilled obligations hereunder including the right to remedy any
and all defective performance on the Grantors part and to charge the cost thereof to the
Grantors.
2. The structural changes, alterations, additions, or improvements over the
exterior appearance of the structure as would not in the opinion of the Authority
fundamentally alter its character or its setting may be made thereto by the Grantors
providing that the prior written approval of the Authority to such change, alteration or
improvements shall have been obtained, which approval shall not be unreasonably
Withheld. The Authority shall act upon a written request by the Grantors for such
approval within thirty (30) days of its receipt and shall give notice of any disapproval to
the Grantors in writing with reasons. If a request for approval is not disapproved by the
Authority within thirty (30) days, it shall be deemed approved. In case of disapproval the
Grantors may within thirty (30) days after notice of disapproval request a review of the
disapproval by a person of competence and experience in such matters, designated by the
Salem Historical Commission or its chairman or acting chairman. The finding of this
review shall be binding on the Grantors and the Authority. The cost, if any, of such
review shall be shared equally by the Grantors and the Authority.
3. In case of damage by fire or other casualty so serious as to cause
reconstruction to be reasonably adjudged to be impractical, this easement, together with
all covenants, obligations, and restrictions herein recited shall terminate and otherwise
shall remain in effect without limit to time.
4. The Authority in its discretion may erect a �ingle marker or sign not exceeding
one (1) foot by one (1) foot, which states the name of the Authority and advises that the
Authority owns the easement granted herein.
5. The covenants agreed to and the restrictions imposed, as aforesaid, shall not
only be binding upon the Grantors but also other successors to them in interest and shall
continue as a servitude running with the land in perpetuity with the above-described
premises and shall survive any termination of the Authority's existence. All rights
reserved herein to the Authority may be exercised, modified, or released by its
successors or assigns or by its designee duly authorized in a deed or appointment
executed by its Chairman.
WITNESS our hands and seal this day of 1985.
WITNESS:
Robert Wall,�Owner�n
Ruth G. Wall, Owner
ACCEPTED: SALEM REDEVELOPMENT AUTHORITY
BY
Gerard Kavanaugh
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. 1985
Then personally appeared the above-named Robert B. Wall and Ruth G. Wall,
Owners of 13 Crombie Street and acknowledged the foregoing instrument to be
their free act and deed, before me,
Notary Public
My Commission Expires:
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B & G Dormer & Roofing Co.
GENERAL CONTRACTOR
—3�3S— DATE
PRO 'TU'TE TO
s ur';P I - Z3///
�CV7-& LA-I
JOB NAME
STR ET
Zip
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CITY. STATE A;NO ZIP CODE 106 LOCATION
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ARCHITECT DATI OF �NS JOB �Ohff j
We hereby submit specifications and estimates for:
,112 Z4 /I"f-o�V
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t4-- 1?1)1 "P,
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NOTE: YOU HAVE 72 HOURS TO CANCEL THIS CONTRACT WITHOUT ANY OBLIGATIONS.
Be jlraptlai hereby to furnish material and labor — complete in accordance with above specifications, for the subt of:
- - 14 A -�4' P-" . I ). I �
4—f"� dollars($
Payment to be In Zf e as follows*
0-Z)
911 material is gu nteed to he as ified. All work --piple" .it a orkmar�e- Auth
o standard practices.Any sit ration dltviifion from aonve&,e,jjjca Sign-n!
manna,according rl�� atu
tions involving extra costs will be executed only upon written orders.and will fecome an
""dra charge over and above the estimate.All agreements contingent upon strikes,accidents Note:This proposal may be
or delsys beyond our control.Owner to carry fire,tornado and other necessairy insurance. withdrawn by us if not accepted within days.
Our workers are fully COVOTIld by Woramen's Compensation Insurance.
Artrptme of froposal—The above prices, specifications
nd to satisf
and co itions a:actory and are hereby accepted. You are authorized Signature
to do the work as specified.Payment will be made as outlined above.
Signature
Date of Acceptan
AGREEMENT
THIS AGREEMENT, made this day of October, 1985 by and between Robert B.
Wall and Ruth G. Wall, Owners of land and buildings located at 13 Crombie Street, Salem,
Massachusetts, (hereinafter referred to as OWNER), the CITY OF SALEM, a municipal
corporation (hereinafter referred to as "CITY"), and the SALEM REDEVELOPMENT
AUTHORITY, a public body, politic and corporate duly organized and existing pursuant to
the provisions of the Housing & Urban Renewal Law of the Commonwealth of
Massachusetts and having its usual place of business in Salem, (hereinafter referred to as
"AUTHORITY").
WHEREAS, the OWNERS are the record title Owner of fee simple title to real
property situated at 13 Crombie Street, Salem , (see South Essex District Registry of
Deeds, Book 7872, Page 018 attached as Exhibit "All), on which there is situated a
structure of architectural significance; and
WHEREAS, said real property is located in the Urban Renewal Project Area known
as and referred to as Heritage Plaza-West Urban Renewal Area within the City of Salem;
and
WHEREAS, the CITY and the AUTHORITY have executed a Cooperation
Agreement, dated March 7, 1979, in which the CITY delegates to the AUTHORITY, and
the AUTHORITY agrees to undertake responsibilities with regard to the implementation
of Heritage Plaza West Urban Renewal Project, and
WHEREAS, the AUTHORITY has prepared an Urban Renewal Plan for the said
Urban Renewal Project Area which contains standards for exterior appearance to be
imposed on all structures designated for historic and/or architectural preservation
requiring, among other things, the acquisition and/or retention of facade easements over
individual properties by the AUTHORITY as a stimulus to preservation activities.
NOW, THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
ARTICLE 1: Design Review and Rehabilitation Program
The OWNER shall furnish, perform, and complete all work in accordance with the
SCOPE OF WORK for 13 Crombie Street attached as Exhibit "B" which has been approved
by the AUTHORITY. Any addition, improvement, alteration, repair or service furnished
or installed upon or in connection with the exterior of the structure shall be performed in
a good workmanlike manner.
ARTICLE II: DEED OF EASEMENT
Upon completion of the work by the OWNER, the OWNER agrees to execute a Deed
of Easement substantially in the form attached hereto as Exhibit "C", which instrument is
to be recorded with said Registry of Deeds.
In consideration of the grant of the Deed of Easement, the CITY agrees to pay to
the OWNER a sum 50% of the construction costs of the Scope of Work (Exhibit "B") but
not to exceed twelve thousand, four hundred dollars ($12,400.00). Said sum shall be paid
only upon completion of the work to the satisfaction and approval of the Authority.
ARTICLE III: Timetable for Construction
Rehabilitation work shall commence on or before June 1, 1985 and shall be
completed no later than six (6) months from the date of commencement of work unless
prevented by strike, accident, weather or other reasonable cause in which case the parties
shall negotiate a time extension.
ARTICLE IV: Changes in Work
Any changes in the scope of work described in Article I above shall be submitted by
the OWNER to the AUTHORITY prior to the change being made by the OWNER . The
AUTHORITY shall give written notice approving said changes and stating reciprocal
changes in other aspects of this Agreement, including the amount of the grant or shall
reject such changes and shall state the reasons for such rejection.
ARTICLE V: Final Approval of Construction
The AUTHORITY reserves the right to make inspection of the completed
construction and to require remedial action by the OWNER when construction is not in
compliance with the work described and referenced to in Article I of this Agreement.
The AUTHORITY, as agent of the City, shall also have the right to require of the OWNER
any records or documents as may be necessary to verify the final construction cost.
ARTICLE VI: Noncompliance by the Owner
In the event the OWNER does not faithfully meet his obligations under this
Agreement, the AUTHORITY and the CITY shall have the right to reduce or abolish the
CITY's contribution under Article II of this Agreement.
ARTICLE VII: Time and Manner of Payment
The OWNER shall submit written notice of completion to the AUTHORITY. The
AUTHORITY shall within fourteen (14) days from the date of receipt of said Notice make
its determination under Article V herein. The CITY upon the issuance of final approval by
the AUTHORITY, shall reimburse the OWNER in accordance with the provisions of this
Agreement within sixty (60) days of the receipt of said final approval.
ARTICLE VHI: Indemnification
The OWNER shall assume all risk of and shall save harmless, defend and indemnify
the AUTHORITY and the CITY against all acts, claims, demands, liabilities and damages
which may in any manner be imposed on or incurred by the AUTHORITY or the CITY as a
consequence of or arising out of the CITY's contribution to the cost of the work caused to
be done by the OWNER to achieve the rehabilitation of the exterior of said structure.
ARTICLE IX: Assignability
The OWNER shall not transfer any interest in this Agreement without prior written
consent of the AUTHORITY and the CITY.
ARTICLE X: Nondiscrimination
The OWNER shall not discriminate against any tenant or employee or applicant for
tenancy or employment because of race, color, religion, sex, age, or national origin.
ARTICLE XI: Amendment Purposes
This instrument contains the entire and exclusive agreement between the parties
and supersedes and terminates all prior or contemperaneous arrangements,
understandings, and agreements, either oral or written. This AGREEMENT may not be
amended or modified, except by a writing executed in the same manner as herein by all
parties.
IN WITNESS WHEREOF, the CITY, the AUTHORITY and the OWNER have caused
this Agreement to be executed in three original copies on the day and year first above
written.
CITY OF SALEM: SALEM REDEVELOPMENT AUTHORITY:
GeraFd-Kavanaugh City Planner Joan M. Boudreau,Uh-airman
OWNER:
Robert B. Wall, Owner
Ruth G. Wall, Owner
Funds have been appropriated for this purpose
under Community Development
Richard Hingston, City Auditor
Approved as to legal form and character:
Michael-E. OBrien City Solicitor
EXHIBIT "A!'
D-E--L-D
The CROMBIS STREET CDNGREGATIONAL CHURCH OF SALEM. a Hassach,_
3 etts religious corporation, for consideration paid
DOLLARS ($70,000.00), Of SEVENTY THCUSAND
grant to ROBERT B. WALL and RUTH So WALL. husband
and wife, as tenants by the entirety, 'C ';, 6""" 5,;, r,&
with QUITCLAIM CONVENANTS o I I
the land known as and at 13 Cromble Street in Salcm, Essex County,
chuzetts. with the buildings and improvements tnereon, bounded and d.-
scribed as follows:
NORTHERLY by land now or formerly of the grantor. and formerly of
Joel Bowker. 3eventy-four feet. nine Inches (741 q-),
more or less; ,
SOUTHERLY by land now or late of Pomeroy and Page, seventy-four
feet, air inches (74, 6-), more or less;
EAS-�SRLY by land now or formerly or the grantor and formerly of
Bowker, twenty-eight reet, three Inches (28' 3"), more c.r
leis; and
WESTERLY by Crombie Street tweaty-eight re to three inches
(28' 3"), more or less; or howeve"
r otherwise bounded,
Containing 2105 square feet of land, more or less.
Cromoie For Grantorls title see Deed of Gertrude Farnban t
Street Congregational Church of Salem, dated April 4, 1942 an
recorded wl th Essex South District Registry of Cloaca, Book 3290. Page 77.
Executed as an Instrument under seal this 15th day
1985. of August:07
CROMBIE STREET CONGREGATIONAL
CRAIRCH, OP-ZALEM 4b
Az
R l-,I , I
%
;,4=- If I _.Ilm l", 11 .'!7 By:-4
NMI 1 4 -, !I!- :
PXX=tilitot��id)A Chairman :lf
Board AL u.,t,,e
Oil D r
_Lu 3
By
T
a-
C m nwealth of' M�D�':_Tturt�'-
Ea3ex,ss August 15th, 1985
Then personally appeared the above-named Crombie Street Congre-
gatlonal Church of Salem, by and through N. Jean Redwine,
and Chairman Of its Board
Of Trustees, and James A. Stone, Its Treasurer
both hereunto duly uthorized, both known
foregoing instrument" to be the to me, and ackTteqledged the
before me. free act and deed of Sal d' ccr.poration,
William R. K. Donaldson
Notary Public
MY commission expires April 17, 1992
Documentary Stamps 159.60
EXHIBIT "B"
FACADE AGREEEMENT
DATE: July 10, 1985
SCOPE OF THE WORK
NAME: Robert B. Wall and Ruth G. Wall
ADDRESS: 13 Crombie St., Salem, Mass. 01970
JOB DESCRIPTION
NOTE: The Contractor shall:
1) Jack house where required. Remove up to 50% of the existing house sills where rotted.
Replace with pressure treated or preserved timbers, or PT laminated stock.
2) Point bricks where necessary, upper section of foundation. Rebuild left front corner
foundation. Poured concrete where required at upper section of foundation.
3) Rip off all clapboard and corner trim up to frieze board, including water tables, not
including window or door trim and molding. Dispose of old wood.
4) Remove and replace any rotted sheathing with ledger board sheathing, up to 30% of total sq.
footage of house.
5) Repair left rear corner post by means of lap joint about 41 from ground. Note: Subject to
Building Dept. approval.
6) Replace one window sill in middle room downstairs.
7) Replace kitchen door threshold with a hard pine threshold.
8) Install owners' red cedar clapboards over existing clapboard areas. Prep over TYVEK
barrier. Note: 90% of clapboard coverage to be purchased with Y2x6xlO' lengths or longer.
Max. exposure of clapboard to be 4Y211. Install drip edge over doors and windows where new
siding is applied.
9) Replace facia on south side of house.
10) Stain entire house 2 coats of Ben Moore or equivalent oil base. Paint windows one coat Ben
Moore oil base paint after glazing. Paint doors, thresholds, window sills.
11) Repair 2 entrance doors.
12) Blow in celulouse insulation along entire outer wall perimeter of house.
13) Take care not to damage existing windows, doors, plaster walls, and ceilings as work
progresses.
14) Install one No. HRW 2-6, Mfg. Brosco, Y2 round window to attic wall facing back yard.
15) Install one No. SV13, Mfg. Roto R02247, roof window on line side of house roof.
TOTAL $25,430.00
NOTE: Prior to start of construction, contractor will be unable to determine the condition of the
corner posts except for the one at the left rear corner. If repair or replacement is
necessary, there will be a cost of $20.00 per man hour plus materials and 10%.
EXHIBIT "C"
THIS DEED OF EASEMENT, made this day of 1985, between Robert B.
Wall and Ruth G. Wall, Owners of land and buildings located at 13 Crombie Street, Salem,
Massachusetts, and described and recorded in the South Essex District Registry of Deeds,
Book 7872, Page 018, hereinafter called the "Grantor" and the SALEM
REDEVELOPMENT AUTHORITY, a public body, politic and corporate duly organized and
existing pursuant to the provisions of the Housing and Urban Renewal Law of the
Commonwealth of Massachusetts, appearing in Massachusetts General Laws, Ter. Ed.,
Chapter 121B; and having its usual place of business in Salem, hereinafter called the
"Authority", its successors and assigns;
WHEREAS, the Grantors have entered into an Agreement dated October 1985
with the SALEM REDEVELOPMENT AUTHORITY which Agreement requires the grant of
the easement herein set forth; and
WHEREAS, the Authority has undertaken the Heritage Plaza-West Urban Renewal
Project in the City of Salem, which provides for among other things, the preservation and
restoration of historic and architectural values associated with structures and areas
within the Project Area; and
WHEREAS, the said Urban Renewal Project imposes standards for exterior
appearance to be imposed on all structures designated for historic and/or architectural
preservation requiring, among other things, the acquisition and/or retention of facade
easements over individual properties by the Authority as a stimulus to preservation
activities; and
WHEREAS, the Grantor is the owner and holder of record of fee simple title to
certain real property located in the Urban Renewal Project Area and situated at 13
Crombie Street in said Salem, on which there is situated a structure of architectural
significance and value, said premises being bounded and described as as set forth in a deed
recorded in the South Essex District Registry of Deeds Book 7872, Page 018, bounded and
described as follows:
NORTHERLY by land now or formerly of the grantor, and formerly of Joel
Bowker, seventy-four feet, nine inches (741-9"), more or less;
SOUTHERLY by land now or late of Pomeroy and Page, seventy-four feet, six
inches (741-611),
EASTERLY by land now or formerly of the grantor, and formerly of
Bowker, twenty-eight feet, three inches (281-311), more or less;
and
WESTERLY by Crombie Street twenty-eight feet, three inches (281-311),
more or less; or however otherwise bounded.
Said premises contain 2,105 square feet of land more or less.
NOW THEREFORE, in recognition of the foregoing and in consideration of the
premises, mutual promises, obligations, covenants and restrictions hereinafter defined,
the parties hereto agree as follows:
1. The Grantors do hereby grant and convey to the Authority an easement in gross
(known as a facade easement) over the exterior appearance of the structure situated on
the hereinbefore described premises. The Grantors will furnish and install pursuant to
said Agreement dated October , 1985, upon or in connection with the exterior of the
structure all additions, improvements, alterations, repairs, and services in accordance
with the construction plan for the rehabilitation, restoration and preservation of the
exterior appearance of said structure, which plan is on file in the office of the Building
Inspector of the City of Salem and the office of the Authority. The Grantor covenants and
agrees that the exterior appearance of said structure shall be maintained and preserved in
its completed state. The facade easement herein granted shall further permit the
Authority and its representatives, agents and/or employees to enter the property but not
the building situated thereon, thereafter whenever and to the extent reasonably
necessary for the purpose only of inspection and enforcement of the covenants and the
terms of the easement granted herein which the Authority is hereby entitled to enforce in
any court of competent jurisdiction. In the event of any default or failure, thereafter, on
the part of the Grantors to so maintain and preserve the exterior appearance of such
structure, whether in whole or in part, whether by omission or departure from the
standard and specifications hereinbefore designated, the Authority shall have the right,
power and authority at its election, after refusal or neglect by the Grantors to correct
such default or failure following a ninety (90) day notice to do so by the Authority, to
exercise the Grantors unfulfilled obligations hereunder including the right to remedy any
and all defective performance on the Grantors part and to charge the cost thereof to the
Grantors.
2. The structural changes, alterations, additions, or improvements over the
exterior appearance of the structure as would not in the opinion of the Authority
fundamentally alter its character or its setting may be made thereto by the Grantors
providing that the prior written approval of the Authority to such change, alteration or
improvements shall have been obtained, which approval shall not be unreasonably
withheld. The Authority shall act upon a written request by the Grantors for such
approval within thirty (30) days of its receipt and shall give notice of any disapproval to
the Grantors in writing with reasons. If a request for approval is not disapproved by the
Authority within thirty (30) days, it shall be deemed approved. In case of disapproval the
Grantors may within thirty (30) days after notice of disapproval request a review of the
disapproval by a person of competence and experience in such matters, designated by the
Salem Historical Commission or its chairman or acting chairman. The finding of this
review shall be binding on the Grantors and the Authority. The cost, if any, of such
review shall be shared equally by the Grantors and the Authority.
3. In case of damage by fire or other casualty so serious as to cause
reconstruction to be reasonably adjudged to be impractical, this easement, together with
all covenants, obligations, and restrictions herein recited shall terminate and otherwise
shall remain in effect without limit to time.
4. The Authority in its discretion may erect a single marker or sign not exceeding
one (1) foot by one (1) foot, which states the name of the Authority and advises that the
Authority owns the easement granted herein.
5. The covenants agreed to and the restrictions imposed, as aforesaid, shall not
only be binding upon the Grantors but also other successors to them in interest and shall
continue as a servitude running with the land in perpetuity with the above-described
premises and shall survive any termination of the Authority's existence. All rights
reserved herein to the Authority may be exercised, modified, or released by its
successors or assigns or by its designee duly authorized in a deed or appointment
executed by its Chairman.
WITNESS our hands and seal this day of _, 1985.
WITNESS:
Robert B. Wall, Owner
Ruth G. Wall, Owner
ACCEPTED: SALEM REDEVELOPMENT AUTHORITY
BY
Gerard Kavanaugh
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. , 1985
Then personally appeared the above-named Robert B. Wall and Ruth G. Wall,
Owners of 13 Crombie Street and acknowledged the foregoing instrument to be
their free act and deed, before me,
Notary P ic
My Commission Expires: