15 CROMBIE STREET- FRANK F MONTESI OWNER
ROMBIE ST. Frank Montesi
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March 20, 1986
Salem Redevelopment Authority
One Salem Green
Salem, MA. 01970
Dear Sits:
This letter serves as formal notification of the completion of the
construction work at 15 Crombie Street.
Upon completion of the referenced items, the Authority has agreed
to purchase a facade easement on this property for $9375.00 or 50% of
the cost of the exterior restoration, whichever is less- In this
regard. I am requesting the payment of $9375.00 to complete this
agreement.
Thank you for your consideration in this matter.
Sincerely,
,NMI &
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PEABODY GLASS CO., INC. :. N..
Automobile Glass
Plate Window Glass - Mirrors Furniture Tops;, A
Cor. Walnbt & Howley Sts
PEABODY, MASS. 01960
Phone 531-3522
CUSTOMERS ORDER NO. 7HONE
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SOLD BY CASH Con PMDOUT
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All claims and returned goods
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ROSTON I.MASS.'. ALBANY.N.Y. LNERIADIN.N.Y. MY.CARMIL.COUNT ROC"fSIfA1 N m YORN�WINE PORTLAND.1111ON MIR D.111,N IT BEMOAN.MAJUNI NATUCOUR,MINE
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conswERro untiss wn;TIND JUD"m I DAYS fR6M RECEIPT or wymm.—2o%Umulm CHARGE PA TRUCKINGUTIVAd ALIFIBARNI DELIVERY WILL BE WDL AS CLOSF AS POSSIBLE TO 111E NfOUIRED DATE SUBJECT TO DRAYS BEYOND OUR COATAOI� 1: i�
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PIN
e,= Exclusive Distributor of
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The Professional Replacement window &Solid Vinyl Siding Contractor. Air Master &
Replacement Windows
Haverhill tlalden Framingham Nashua, NH Portsmouth, NH
373 1586 322-7160 672-6068 (603) 880-1510 (603) 436-7542 VALLEY PREMIUM
MASS TOLL FREE 1-800-322-0535 SOLID VINYL SIDINC
I
DATE SOURCE OF LEAD CONSULTANT ---
WORK TEL.MR./MRS.
HOME TEL.— L' �_\ —
THIS AGREEMENT, made and entered into between VALLEY CUTTER & SIDING INC.. 50 Mite Street Haverhill, MA 01830 hereafter referred to as
Contractor AND
Zip
ADDRESS/STREET I CITY-5 i�, P\ STATE
hereafter referred to as owner.
THE SAID CONTRACTOR hereby agrees that it wil!furnish all labor and materials necessary to install the following described work at Premises located at;
JOB ADDRESS r,C�_ .
weeks and complete described work in about
CO NTRACTOR agrees to start described work on/or about �— I — working pays.
CONTRACTOR snall not Ip-held liat)le for delays due to causes beyond his contra.
CIRCLE SELECTION "q-rERE APPLICABLE
WIDTH HEIGHT Inswing Door — Inside Looking Out 0
28- 80" STYLE NO. Outswing Door — Outside Looking in
30** 84" Hinge Location Right Hand
LOCKSET Left Hand
32" Brass OPTIONA I L HARDWARE
34'.* Antique Double Flap Mail Slot
36" SPECIAL COLOR Deluxe DOOR TRIM Pitcher Handle
42" Peep Sight
INSIDE Knocker
GLASS Peep Sight Knocker
Clear OUTSIDE OUTSIDE Peek-o Peep Sight
Amber. Hammered STEEL FRAME COLOR SAME AS D INSIDE E; Single Cylinder Dead Bolt
Amber Rhondel Trim Both Sides of Door [I yes 0 No Double Cylinder Dead Bolt
Other— Remove Storm Door Fj Yes 0 No
StOrM.Doors are not required with our Energy Saving Doors;however, if a storm door is left on,the screen must be
inserted at all times to prevent heat build-up.
Other Describe%
Door Different Colors Both Sides
Mail Slot New Janis
Peep Sight Knocker New Casings
Peep Sight New Wood Threshold
Knocker Outside Capping
Pitcher Handle
Double Cylinder Dead Bolt
Siiigle Cylinder Dead Bolt
Deluxe Hardware-Single
TOTAL
Deluxe Hardware-Double
DEPOSIT
Width Cut To Size TOTAL DUE ON COMPLETION
Height Cut To Size
VALLEY GUTTER & SIDING, INC. Does not do any Painting or Staining.
,P-Creptalarr of vroF175-51 The above Prices, Specifications Date of Acceptance
Signature
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
You may cancel this agreement If It has been signed by a party thereto at a place other than an address of
the seller, Which may be his main office or branch thereto, provided you notify the seller In writing at his
main office or branch by ordinary mail posted, by telegram sent,or by delivery, not later than midnight of
AF, 7�":
LADDER & EQUIPMENT CO., INC.
316 RANTOUL ST. (RT. IA) BEVERLY, MA 01915-0777
(617) 927-4100
1 7
ITEMS AFTER THIS PLEASE RE�ER TO
DATE WILL APPEAR THIS ACCOUNT NO.
ON YOUR NEXT WHEN MAKING
STATEMENT. INQUIRIES.
EFERENCE DATE CODE DESCRIPTION AMOUNT BALANCE
COLES:
I - INVO CE. P PAYMENT
C- CR MIE(MO A DISCOUNT A�LOVVED
D= OR MEMO F FINANCE CHARGE
RED
r 77-
644,
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LADDER & EQUiPMENT CO., WC. - �- '.w -
316 RANTOUL ST. (RT. 1A) BEVERLY, MA 01915-0777
(617) 927-4100
S CONSTRUCTION
15 CROMBIE ST.
SALEM MA 01970
USA ITEMS AFTER THIS PLEASE REFER TO
DATE WILL APPEAR THIS ACCOUNT NO.
ON YOUR NEXT WHEN MAKING
STATEMENT. INOUIRIES.
kFERENCE DATE CODE DESCRIPTION AMOUNT A A
597 06/1 7/85 1 CONTR. #---"8,06 172. 93 0. 00
70C) 06/26/a5 I CONTR. #zeC)6 147. 42 147. 42
829 07/23/85 1 CONT. #3906 147. 42 147. 42
1 F SERVICE CHARGE 2. 21
COLES:
INVO:CE P P YMEN
I A T
CRMEIAO Am DISCOUNT ALLOVED 97. 05
DRMEMO F= FINANCE CHARGE
CURRENT I - 30 31 - 60 61 90 91 120 PRIOR
14-9. 63 147. 42 0 00 00 0. 00 0.00
------------
NO.
EQUIPMENT
7t I I cn 12 0 1,/ 21-
RETURN RECEIPT
RENTAL CONTRACT NO.
CUSTOM. R 0 JOB NO. FE/TIMEIN
J OB ADDRESS
Th I f I
RETURNED VIA:OUR TRUCK Cl CUSTOMER 0
EQPT.* ITEM DESCRI N
QUAN.
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1 -7.
COMMENTS OR OTHER INFORMATION:
EQUIPMENT RECEIVE15) EQUIP"MENT REiURNFD
'B
By x x
'CUSTOMER'S SINGATURE
THANK YOU
WE APPRECIATE YOUR BUSINESS-
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THERE'S MORE FOR YOUR LIFE AT SEARS
'URCHASED UNDER MY SEARSCHARGE AGREEMENT
I14CORPORATED HEREIN BY REFERENCE NO
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I.I,UNIMUM WILL BE CHARGED IF EQUIPMENT LEAVES OUR TOTAL
PREMISES.
2,RETLRN EQUIPMENT IMMZDIATELY �If NOT WORKING
PROPERLY OR YOU WILL BE CHARGED FOR FULL TIME OUT. AMT.
3.WE CHARGE FOR TIME OUT NOT USE TIME. I
4.YOU ARE RESPONSIBLE FOR ALL LOSS OR DAMAGE
59 FAILURE TO RETURN PROPERTY ACCORDING TO TH'tS CON- We Sell Time DEPOSIT
TRACT SHALL CONSTITUTE CONVERSION. IHAVEE MINED ITEM RENTED AND AUIEL
6.THIS CONTRACT EXPIRES FECTIVE OR DAAAGED WHEN RECEIVED AND AGREE TO PAY FOR RENTAL
AM ANY LOSS OR DAMAGE TO ITEM, EXCLUSIVE OF ORDINARY -
FM 19 WEAR WHILE SAME 15 IN MY POSSESSION. I AGREE TO PAY MDSE.
NORMAL RENTALWHETHER I USE ITEM OR NOT.I AGREE TO USE -
OUT IN USED ITEMS @ AMOUNT EQUIPMENT AT OWN RISK AND LESSOR ASSUMES NO RESPONSI Cleini ng Cge.
BILITY FOR PROPERTY DAMAGE OR BODILY INJURY WHILE EQULP-
MINT IS IN My POSSESSION. THIS CONTRACT IS TERMINATED DEL. CGE.
AND I AGREE TO RETURN OR SURRENDER ITW� OR MAKE ADDI.
TIONAL DEPOSIT WHEN DEPOSIT 15 USED UP BY RENTAL AND/OR
ALES. Sales Tax
"HERE ARE NO WARRANTIES OR WICHANTAS11ITY OR FITNESS TOT L
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THERE ARE NO WARRANTIES OR MERCHANTABILITY
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LADDER & EQUIPMENT CO.9 INC.
316 RANTOUL ST. (RT. 1A) BEVERLY, MA 01915-0777
'C ADDRESS ALL
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SOLD F 1.1 & S Construction --I SHIP r p.n—. EC'�Nf 477
TO: 15 Crombie St. TO:
Salem, Ma. 01970 C'
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P.O.'Box 408
zu'D Beverly, Mass. 01915
c- (617) 745-0252
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i� andreo Interior 6 Exterior 0 Gutters 0 Paperhanging
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painting �rU.?_P�r _ip�5-,.
Full Insurance
company Free Estimates
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�;OPOSAL SUBMITTED TO PHONE DATE
—2 C,
STREET JOB NAME
4_�,_1�� 112 iz
CI�Y, STATE AND ZIP CODE JOB LOCATION
5 Ir"j- ___j
ARCHITECT DATE OF PLANS JOB PHONE
We hereby submit specifications and estimates for;
01001 '20
(64
N e Propose hereby to fur Dish mater ial and labor—com plete in accordance with above specifications for the sum of:
dollars ($
Payment to be made as follows:
(6marniattP All material Is guaranteed to be as specified. All work to
be completed in a workmanlike manner according to standard practites.
Any alteration or deviation from above specifications Involving extra costs
will be executed only upon written orders,and will become an extra charge Authorized
over and above the estimate. All agreements contingent upon strikes, Signature
accidents or delays beyond our control. Owner to carry fire,tornado and
other necessary Insurance. O,ur workers are fully covered by Workmen's Note:This vr.po,tal mav be witbdraw.by if o.t accepted within......days.
Compensation Insurance.
(Pticceptance of proposatt —The above prices,specifications
and conditions are satisfactory and are bereby accepted, You are Signature
authorized to do the work as specified. Payment will be made as out.
lined above.
Date of Acceptance Signature.
'hk
SalemRE
Redevelopment TELEPHONE 744-6900
Authority ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 744-4580
October 23, 1985
Frank & Stepanie Montesi
15 Crombie Street
Salem, MA. 01970
Dear Mr. & Mrs. Montesi:
Upon inspection of your property today, I made a list of the
following items which must be completed before the S.R.A. can process
your payment.
1 . Payment of left rear (NW) corner post
2. Repair of molding over front door
3. Complete painting of rear of building and of all trim elements
that have not yet been painted.
When you have finished this work, please let us know and we will
make arrangements for payment.
Sincerely,
William Luster
Assistant SRA Director
oy,
IV
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It
B1( 6 6 9 0 PG 5 6 8
OF CONN r7rl,icur
CONSI RVATOR'S
I CERTIFICATE OF NOTICE COURT OF PROBATE
FOR I.AND RECORDS
I It V PR(.85 Rev. 4.78
District No. 009
—Court of Probate, District of BETHEL
T RTIF
v. DATE OF CE 'ICATE
S(110 ZIP Codt'/
RESIIONDENT/A,11�11(1% Addres
1 1, ;J
ROBERT PAUL URBAN
March 26', 1980
61D Taylor Avenue
B Bethel, Connecticut 06801
N A""r"'
U RBA'
RE S' ONDE PAU
ROBERT
6 1 D Tay lor Avenu�
ethe 1' C nnect1t DATE OF APPOINTMENT
V IZ I C
0 S ATO A I"Ij I, ,I li'll
iddress and ZIP C01111
N P11 U
lKATHLEEN C . URBAN
CONSERVATOR ffame,
March 26 , 1980
0"ll,ijill, 5z
61D Taylor Avenue
cut 06801
Bethel , Connecti
4 the owiier of lvt�'
CertifjC�JJC jS HIMIC WId C;l"Sel to be recorded ill tile IA'd I eco S of the town wherein Respotident i
ri This
Illollgage (11 Itell Up011 ICJI pl"PeItY
real property or any interest lbelell",or
lD . . . .... . . . . . . . .
KATHLEEN C . URBAN
Oki- 1 44
-4
15 combie Street
REAL ESTATE :
ONJ3 P-ARCEL OF
Salem, Massachusetts
�p'
4
CERTIFICATE OF NOTICE FOR [AND IZj,',CORDS
tIleONSFRVATOR'S
A 190 PAST/ /O-a Bin, j/.23
',L,-,�','F.SSEX SS. RECORDED IZ#42 %
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"A
AGREEMENT OF RESIGNATION
1, Kathleen S. Urban, Conservatrix of the Estate of
Robert P. Urban, an incompetent person by virtue of Decree of
the Probate Court for the District of Bethelo Connecticut, dated
June 17, 1982 for Robert P. Urban, Trustee of 15 Crombie Street
Realty Trust, a written Declaration of Trust dated August? 1979, 1 �i'
q,
Registry of Deeds,
and recorded with the Essex South District
Book "31 Page 11 hereby resigliq as Trustee of snill
Trust.
EOF, I hereto set my hand and seal 7,
IN WITNESS WHER
this day of 6eccmber-� 1982.
6�h.n, Conservatrix
of the Estate of Robert 1 . Urban,
an incompetent person T
STATE OF CONNECTICUT
DLcembLr 1982
County of Fairfield i� I v
Then personally appeared the above named Kathleen S. Urban,
Conservatrix of the Estate of Robert P. Urban, an incompetent
be her free
person, and acknowledged the foregoing instrument to
act and deed, before me.
Na -------
My commission expires:
jjtuW G.
4
11A�
SS.
IMEE
Sale
Redevelopment
TELEPHONE 744-6900
Authority ONE SA.LEM GREEN, SALEM, MASSACHUSETTS 01970 744-4580
MEMO
TO: Salem Redevelopment Authority Board Members
FROM: Gerard Kavanaugh
DATE: December 12, 1984
SUBJECT: 15 Crombie Street Facade Easement
There are two remaining commitments that exist regarding facade easement
funds, both of which were made to homeowners on Crombie Street. The
buildings, at 13 and 15 Crombie Street, are in serious need of attention,
The project at 15 Crombie Street is now ready for contracts. The owner,
Mr. Frank Montesi, has submitted accurate prices for the restoration of
his facade. The scope of work includes:
1. Reclapboarding of two sides of structure.
2. Replacement of gutters on structure.
3. Reconstruction of fascia and soffit boards.
4" Painting of entire structure.
The two prices obtained for this work are $23,350 from Bay View Builders
and 818,750 from Doyle Contracting Company. Since both proposals cover
the same scope of work, authorization can be provided to extend to Mr.
Montessi a $9,375 Facade Easement, equal to 50% of the cost of the lower
price, so that Doyle Contracting can proceed.
ll� 01il-LA161 OLEO IfiDIVIDUAL (LONG FORM) U82
We, ..STUART R. ABRAMS and SAMUE1.. J MANIN
of Topsfield, Essex County,Massachusetts
Twenty Thousand Four Hundred
)kX1qCW)W_)0y'A4 fo i con s i d en't t io i i pi i(1,a i id i i i f i i I I CO I I S i Ll C I a I 1(.)l I I I f
Dollars ($20, 4oO .00)
gr,,tus to Norma A�migowskj.,, Rol_)ert 1�- Urtan and Frank P. Montesi of
_4
of Danbury, Connerticut and Salem, Essex County with quitrinint rountanta
Salem, in said County, together with the buildings thereon,
situated at 15 Crombie Street, I)ounded and described as follows:
WESTERLY by Crombie Street, as shown on a plan hereinafter mentioned
twenty-seven am] 72/100 ( 27 . 72) feet;
IT
14ORTRERLY by land now or fornierl.y of Crouibie Street Congregational
Church, seventy-one and 35/1-00 ( 71. 35) feet;
--:ASTERLY by land of said Crombie Street Congregational Church,- as
lei'
shown on said plan, twenty-six and 66/100 (26.66) ' feet, and
SOUTHERLY by other land now or formerly of Naumkeag Amusement Co. ,
seventy-one and 51/100 ( 71. 51.) feeL.
Said premises contain 1, 942 square feet and are shown on a certain
"'PIC
plan entitled "Land of Nauiifl�eay Amus�jnenL Co. , Inc. Salem, Mass.
th
Nov. , 1�)62 , Thomas A. Appleton, C. L. " recorded with Essex Sou 4
District Registry of Deeds, hocfl� 50.1.3 , Page 89 .
K
Being the same premises conveyed to us by deed of Diane G. Roy and
and Pamela B. Maurice, Trustees of the Rob-Rod Realty Trust dated
December 27, 1976 and record(:!('] wi. Lb the Essex County Registry of Alj ,
Deeds at Book 6312, Page 097 .
Said premises are being conveyed suhject to the unpaid first mortgage
owed to the Beverly Savings Bank in the amount of approximately
$54, 500 .
ITE
5.
'I"I'al,ts ill Collulloll Toiji;IS hy the Filtircly.
MINUTES OF THE MEETING OF THE BOARD OF SRA 12/17/84 Page 2
Project Admini strator Kavanaugh in his memo to the Board members , dated
December 13 , 1984. Dominic Maraffa seconded the motion. All were in _
favor; motion so carried.
CROMBIE STREET FACADE EASEMENT
William Luster described progress on the two remaining commitments that
exist regarding facade easement funds , both of which were made to
homeowners on Crombie Street - 13 and 15, respectively. These
properties are in serious need of rehabilitation, as outlined in Project
Administrator Kavanaugh' s memo to the board members , dated December 12 ,
1984. Mr. Luster also recommended extending to the owner, Mr. Montessi,
a $9,375 Facade Easement , which is equal to 50% of the cost of the lower
price submitted, in order that the contractor, Doyle Contracting
Company, can proceed. Mr. Luster also advised a completion date of June
1 , 1984 be stipulated.
Gary Moore moved that the Board accept staff' s recommendation of the 50%
of cost , up to $9,375 , with a completion date of June 1 , 1985, for the
15 Crombie Street Facade Easement . Dominic Marraffa seconded the
motion, On roll call , all were in favor; motion so carried.
B-5 REZONING
The Project Administrator informed Board members of the proposed amend-
ment to the Zoning Ordinance which would incorporate the proposed
changes , as outlined in his memo to Board members, dated December 12 ,
1984. These changes would encourage the renovation of existing, under-
utilized buildings for residential use without the necessary on-site
parking which is now required. If endorsed by the Board, this proposed
amendment will then be forwarded to the Planning Board for its review
and approval . It will then be submitted to the City Council for action.
Dominic Marraffa asked how the proposed moratorium would affect the
proposed plans for the City. Project Administrator Kavanaugh stated the
proposed moratorium would have no impact on this. Dominic Marraffa then
stated that the Board has been trying to accomplish the goal of bringing
people into the downtown for a very long time. Gary Moore stated he
thought it was very timely for this Authority to go on record to seize
this golden opportunity to complete its main theme - to put people into
these buildings so they can enjoy, and keep safe, the downtown. This
theme is one we could whole-heartedly endorse . All members concurred.
Gary Moore made a motion to adjourn; Roland Pinault seconded; and the
meeting adjourned at 6:00 p.m.
Respectfully submitted,
Ro e Ackerman
Secretary
G.E. Moreau Const. Co.
Established 1973 Tel. (617) 1-45-3306
Proposal Su�mitted To Phre Data �71-7
Ar A�
7 1
/141
Ciry,State& Zip Code
le
Job,Phone
A�C'iwl
ftl~
S
V ds C,
"Y97'r
00-vft #*WVA%tP*WAVer".Arso 16*40 —saammosrW an "a,
dollars
-7,
/--�4-y /-111
All material is guaranteed to be as specified.All work to be completed in a
workmanlike manner according to standard practices.Any alteration or Authorize),
deviation from above specifications involving extra costs will be executed Signatu
only upon written orders,and will becomean extra chargeoverand above
t h e estimate.All agreements contingent upon strikes,accidents ordelays NOTE:This proposal may be
lbeyon�d our control.Ownerto carry fire and all necessary insurance.Our withdrawn by me if not accepted within days.
workers are covered by Workmens Compensation Insurance.
above prices,specifications and
Araptatwe of froposal Signat
.f"I
co t.0 a are "t"f,
nditions are satisfactory and are hereby acoepted,You are authorized to
w'r as'Wif.
do the work as specified.Payment will be made as outlined above. -;7
the
t'of opept"ps
Daze tofAoceptanm Signature
OLYMPIC PAINTING CO
EXPERIENCED PAINTERS, INTERIOR & EXTERIOR
WALL PAPER HANGING— FREE ESTIMATES
11 BEACON STREET 617-745-2�65
SALEM, MA 01970 617-745-6286
44Z
NAM E
s-
ADDRESS 1�— 61LOZR Z r=
CITY
OUTLINE OF EXTERIOR WORK:
YES NO
�W 0 Sanding
0 Primer where needed
0 0 Primerwhole house
0 Onecoat of paint
0 0 Paint inside of windows
pt 13.. Caulk windows where necessary
0 0 Paint garage
0 13 Paint railings
JIA 0 Paint foundation
13 Putty all areas where necessary
Amount: $
BAY VIEW BUILDERS
103 Columbus Avenue
SALEM, MASSACHUSETTS 01970
Phone 744-3912
i
7 7 c�
7
CYR—IGINAL
STERN SEP 2 6 1983'
SWAMI p
ELANNING DEPT.
S L L
TFS 1 9
R a U POO CENTRE STREET BROOKLINE 02146 MASSACHUSETTS 617- - 905
September 22 , 1983
Mr. Michael Moniz
Salem Redevelopment Authority
One Salem Green
Salem, Massachusetts 01970
Re : Forresters Corner
Dear Mike :
Since I am unable to attend the Board meeting this Monday
at 5 : 00 p.m. , I felt that a written explanation is due to the
members of the Authority as to the scope of the problem.
For reasons that relate to the fire district in which the
project is located the Building Inspector required us to change
the exterior siding material from cedar clapboards to redwood
clapboards , which carry a U.L. rating. He allowed us to
continue using cedar in the front portions of the building
which face the streets. The redwood was only required in the
rear. The contractor has informed us that the redwood siding
is more expensive than the cedar and to that end the extra
charge will amount to $15 ,000.00. There is no possible way
that the project or ourselves can absorb this extra cost .
We have racked our brains to come up with some acceptable
substitute and for reasons of combustibility we have eliminated
vinyl siding , masonite , other clapboard materials , ca-n' t afford
brick all the way around , and the only possible substitute
seems to be aluminium siding. The area in which we are
proposing to install the aluminium is along the rear lot lines ,
in strictly a private area. There is no real public access and
a fence separates this area from the abutter' a property-
This project already has absorbed significant cost overruns
in the underground stage due to the fact that someone had at
one time used the property as a dump site and we removed over
300 cubic yards of rubbish including an incredible amount of
oyster shells (used oyster shells are not a great weight
bearing material) . We then had to buy and truck in a suitable
amount of clean gravel and compact it into place , all this
being at great expense . The project can bear no additional
cost overruns and we need to find a mutually agreeable solution
to this very serious problem.
THE STERN GROUP OF COMPANIES PROVIDES EXPERTISE IN ALL ASPECTS OF REAL ESTATE DEVELOPMENT AND MANAGEMENT
Mr. Michael Moniz
Salem Redevelopment Authority
Page 2
I hope that this letter will serve to enlighten everyone
and to make our position and needs clear. I regret that I am
unable to be at the meeting but I have a prior committment that
can ' t be broken. I am awaiting your response .
Ve ry trul urs
j e frey A ern
saleMRIE
EXECUTIVE DIRECTOR
Redevelopment xMx)MxxKIYMx
Authority ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 TELEPHONE 744-6900
April 5, 1979
Mr. Frank P. Montesi
15 Crombie Street
Salem, Mass. 01970
Dear Mr. Montesi:
The Redevelopment Authority has reviewed your proposal to make
improvements to your property at 15 Crombie Street.
The Authority has not as yet established its priorities for funding
in the Heritage Plaza-West urban renewal area; and is therefore not pre-
pared to commit funding for property improvements at this time. However,
we will keep your proposal on file, and will contact you when plans and
strategies for Heritage Plaza-West have been determined.
Thank you for your interest. Please call on me if you have any
questions.
Verm. trul
rS2
hr , topher G. Olney
Pro ect Administrator
CGO/ec
1-7
6q---L
Z3
- _ I _ _
_ _ - I� - -
- __ �' : _ _
__
_ _ _ i
_ _ _
__ _ _
AGREEMENT
THIS AGREEMENT, made this day of May, 1983 by and between
_Mraers of
land and buildings located at Salem, Messachusetts,(hereinaf ter-
referred to as OWNER) . the CITY OF SALEM, a municipal corporation (hereinafter)
referred to as "CITY") , and the SALUI P.,EDEVELOPMENT AUTMITY, 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
bavin.o its usual place of business in Salem, (hereinafter referred to as
!:AUTHORITY'!) .
WHEREAS� the OWNER is the record title Owner of fee simple title to real
property situated at Street, Salem, (see Essex South District Registry
of Deeds, Book Page see attached Exhibit "A") , on which thero
is situated a structure of architectural significance: and
WHEREAS, said real property is located in the Urban Penewal. Project Area,
known as and ref erred to as Heritage Plaza-IsTest Urban R-enawal Area within the
City of Salem; and
WHEREAS, the CITY and the AUTHORITY have executed a Cooperation
Agreement, dated in which the CITY delegates to the AUTHORITY,
and the AUTEORITY agrees to undertake responsibilities with re.-ard to the
implementation of Heritage Plaza-West Urban Renewal Proiect , and
WHEREAS, the AUTHORITY has prepared an Urban Rene�jal Plan for the
said Urb I an Renewal Project .Area which conta4nS standards for exterior appearance
to be imposed on all structures designated for historic --ridlor architectural
preservation requiringg, among other things, the acquisii�-iori arid/or retention of
facade easements over individual properties by the AUTHOUTRITY as a stimulus to
preservation activities.
NOWr THEREFORE, in recognition of the foregoing and in consideratio.n of
the premises, mutual promises, ob ligations, covenants and restrictions hereinafter-
defined, the parties hereto agree as follows:
ARTICLE 1: Design Review and Rehabilitation Program
The OW-NER shall furnish perform, and complete all work in accordan-ce with
the SCOPE OF 14ORK FOR " '1 . 1
St. attached as Exhibit "E" 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 mariner.
ARTICLE II: DEED OF EAMIENT
Upon completion of the work, the 014NER agrees to execut-e and obtain the
necessary assents to the Deed of Easement attached hereto as Exhibit %", 1�bich
instrument is to be recorded with said Registry of Deeds.
In consideration of the grant of the Dead of Ease-ant, the CITY zi�rees to
pay to the OWNER a sum 50% of the construction costs of the S_cc.p�e of Tjor%
(Exhibit B) but not to exceed $22,000 and-001100 Doilars
Said suLq-shall be
paid only upon completion of the work to the satisfaction and approval—c?f
the AUTHORITY,
-2-
ARTICLE III: Timetable for ConstrUCtiOn
Rehabilitation work shall commerce on or before May 1, 1983 and shall
be completed no later than eight (8) months from the date of commencement
of work unless prevented by strike, accident, weather or other reasonablL,
cause in which case the parties shall negotiate a time extension.
ARTICLE IV: Changes in 11ork
Any changes in the scope of work described in Article I above shall be
submitted by the 01MER to the AUTHORITY prior to the change being made by
the 01MER. The AUTHORITY shall give written notice approving said changes
stating reciprocal changes in other aspects of this Agreement, including
the amount of the grant or shall reject such changes and shall state thes
reasons for ouch 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 OVINER 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 Ouner
In the event the OBVER 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 11 of this Agreement-
3-
ARTICLE VIL- Time and Manner of Payment
The OWNER shallsubmit written notice of completio-a to the AUTHO=Y.
The AUTHOR= shallwithin fourteen (14) days -From the eate.of re-ceipt. of said.
Notice make its determination under Article V-1-1--rein. The C__=_ 'upoa t'-e issuarl-e
of final approval by the AUTHOR=L , shall relm-5ii--se the i:L accozdaac-
with the provisions of this Agreement within sixty (60) da:ys of "'Iae receip-1 of saicl
final approval.
ARTICLE V11h Indemnification
The OWNER shall assume all risk of and sha:l.save haz—_Iess, (iefezid. al�d.
indemnify the AUTHORITY and th�� MY aggainst al! acts, cl,_�=S, i�.emaads
liabilities and damages which may in any manne-. `o6'j
imposec. o-- or incurred.-wf the
AUTHOR1TY or the CITY as a consequence of or arising out of ',Z!-- C.L.LYs
contribution to the cost of the work caused to be done by 'the OVFN-'EIR. to achieve
the rehabilitation of the exterior of said structure.
ARTICLE IX: Assignability
The OWNER shall not transfer any interest in this A�—_ee=er_tt wit-hotrt Prior
written consent of the AUTHORITY and the CITY.
ARTICLE X: Nondiscrimination
The OWNER shall not discriminate agail:11st any ter--t or em-j'oyee or-
applicant for tenanc or employme-.)t because of race, colar, ze-i
.y ��ioa' sex, aue, or
national ori.ain.
-4-
ARTICLE XT: Amendment Purposes
This instrument contains the entire and exclusive agreement between. the-
parties and supersedes and terminates all prior or contemperane�ous arrange—
ments, understandings, and agreements, either oral or wrrittea- This AGRL-P--M--.
L
may not be amended or-modified, except by a writing executed In the same-
manner as herein by all parties.
IN 14ITNESS WHEREOF, the CITY, the AUTHORITY and the OW,-NE1>, have caused
this Agreement to be executed in three original copies on the day and year
first above written.
CITY OF SALEM:
SALE-H RED-ET.TLOPMENT AUTHORITY=
'Anthony -V.- Salvo-,-Mayor
Joan 11- Boudreau, Chairman
City Planner OWNERS
Funds have been appropriated for this purpose
under Community Development Small Cities
-jichard P.�Foley, City Auditor
Approved as a legal form and character:
Michael E. O'Brien City Solicitor
-5-
EXHIBTT "A"
PROPERTY DEED
- -ST-T
EXHIBIT B. ST. SALEM, RASSACEU -. 11S
SCOPE OF WORK
1. Reconstruct -original dormer (#9 - s. elev.)
cutting through existing roof, framing of new dormer-
patch to match overall roof treatment, including flash- 4� e
ing, new 6/6 window, insulating walls and roof, patch
to match original window casing. New roof,ircluding;
drip edges.
2.
o7pa�L_ existin& dormers, including removal and replacement
11 existing trim. Reshingle sides and roofs. Paint:
S. elevation - Summer
3. Unify roof treatment. Replacement of underlay=ent as
necessary. Drip edges on a s. elev. Replace chimney
flashings as necessary. Remove existing shingles, re-
place with new asphalt. (s. elev)
4. Restore soffit and gutter (s. elev.)
Repair and aint porticos (s. elev.)
6. �Rj o,o�fr front porticos, New roof including
new flashing, drip edges, replacement of underlayment.
as necessary. Repairs to fascias. . - I / ,
7. Replace shutters (e. and s. elev.) . Install P-d. paint
black 47 pair ot shutters.
8. Restore metalwork (s. elev.) Restoration of icebreak
(s. elev.) Replace pipe hand rails with decorative
period railings. Refinish existing metal railings
as necessary, including scrape, prime & 2 coats paint-
9. Water clean bricks and granite (s. & e. elev.)
10. Repoint I bricks as necessary. Paint trim (a. & e.)
11. Restore basement entry (s. elev.) Remove add-on
partitions. Restore roof, including new flashings-
New basement entry door. includes repair& -10 steps
as necessary. Addition offloor drain.
12. Removal of side porches (n.e. elev,) Removal- includes
and porcbe&,
elimination of existing wood egress stairs
removal of second generation roof, Restoration of
original soffits. Replace with iron fire balconies,
. 13. Repaint window trim. Replace all broken panes.
14. Side entry. (e. elev.) Including new flat roof , columRs
and railwork to match original, with 5 new steps. In-
cluding new entry door hardware. Prime and paint.
Exterior Work - Additional
1. Brick pavers on courtyard (e- elev.) Including foundation
landscaping (e. elev.) and landscaping along property
boundary.
2. Reposition downspout (s.w. corner)
3. Foundation plantings (s.elev.) Hedge of 17 Hatfield
yews, pine b r mu c
4. Exterior �jghLin&. Portico lighting, accent lighting.
Lamp posts (s. and e. elev.)
EXHIBIT C
THIS DEED OF EASEMENT, is granted by
Owner (s) of land and building (s) located at
Street, Salem, Massachusetts and described and -recorded in the
Essex South District Registry of Deeds in Book Page herein-
after' called the "Grantors" to the SALF-M REDEVELOP�fENT AUTHORITY, a pulillc
body,politic and corporate duly organized and existing pursuant to the
provisions of the Housing and Urban Renewal Law of the Cormonwealth of
Massachusetts, appearing in Massachusetts General Laws, Ter. Ed., Chapter
121B-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 May
1983, 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
WHERE&S, the Grantors are the owners and holders of record of fee
simple title to cert�in real.property-.located in the Urban Renewal Project
Area and situated at Street in said Salem, on which there is
situated a structure of architectural significance and value.. said premises
being bounded and described as follows:
DEED
N014 THEREFORE, in recognition of the foregoing and in consideration
of the premises, mutual promises, obligations, covenants and restirictions,
hereinafter defined, the parties hereto agree as follows:
1 The Grantors do hereby grant and convey to the Authority its agents,
successors or assigns an ease in gross (knox-Ta as a facade easement) over
the exterior appearance of the structure situated on the hereinbefore des—
cribed premises.
The Grantors will furnish and install pursuant to said Agreement dated
May .....1983 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 pre—
servation 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 agrees that the exterior
appearance of said structure shall be maintained and preser-ved in its
completed stage. 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 terns 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 sturcture, whether in whole or in part, whether by omission or de—
parture from the standard and specifications hereinbpfore 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 Grantor part and to charge
the cost thereof to the Grantors.
2. The sturctural 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 settin." 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 witYrield- The Authority-
shall act upon a written request by the Grantors for such approval within.
thirty (30) days, it shall be deemed approved. In case of disapproval
the Grantors may within thirty (30) days after notice of disapproval re—
quest a review of the disapproval by a person of competence and experience
in such matters, d0asignated by the Salem historical Commission. br its
chairman or acting chairman. The finding of this review shall be binding
on the Grantors and the Autbority. 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 afore—
said, 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 exi stence. 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 deed or appointment
executed by its Chairman-
WITNESS our bands and seal this day of
WITNESS:
ACCEPTED.
SALEM REDEvTLOP�!ENT AUTHORITY
BY
CONLMONWEALTH OF '�LkSSACIIUSETTS
Essex,ss. 1983
Then personally appeared the above-named I and
and acknowledged the foregoing instrument to be their
free act and deed, before me,
Notary Public
My Commission Expires:
This Deed of Easement is assented to b Y
of its interest as holder of a mortgage. given to it by
. . . . . . . . . .
dated 1983, recorded with Essex South District Reg stry
of De.eds, Book Page
B
MMONWEALTH Or- MASSACHUSETTS
Essex, ss.
Then personally appeared the above-named
and acknowledged the foregoing instrument to be
the free act and deed for and on behalf of the
(signature)
ESSEX SS. RECORDED: 1983 m. past m- ITTST
19'71
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Salem
Redevelopment TELEPHONE 744-6900
uthority ONE SALEM GREEN, SALEM, MASSACHUSETTS 01970 744-4580
February 5, 1985
Frank & Stephanie Montesi
15 Crombie Street
Salem, MA 01970
Dear Mr. & Mrs. Montesi:
As I've indicated in our phone conversation the Salem Redevelopment
Authority has approved a facade easement grant of $9,375.00 or 50% of your
construction costs, whichever is less.
The Authority has approved the easement with a time table which requires
that construction must be complete before June 1, 1985. 1 am currently putting
the paperwork together for this project, and will contact you when it is complete.
Please contact me when construction begins so that I can monitor the
progress.
Payment for the work will be upon completion,and approval of the
Redevelopment Authority,of the construction phase, at which time you will invoice
the Salem Redevelopment Authority and can expect payment 3-4 weeks thereafter.
Sincerely,
.P / -�
William Luster
Asst. SRA Director
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AGREEMENT
THIS AGREEMENT, made this day of August, 1985 by and between
Norma A. Smigowski and Frank P. Montesi, Trustees of the 15 Crombie Street
Realty Trust, dated August 9, 1979, and recorded in the South Essex District
Registry of Deeds,-Book 6631, Page 182, and amended January 11, 1983 (see South
Essex District Registry of Deeds, Book 7045, Page 491), Owners of land and
buildings located at 15 Combrie 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 15 Crombie Street, Salem , (see South Essex District
Registry of Deeds, Book 6631, Page 182 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 I: Design Review and Rehabilitation Program
The OWNER shall furnish, perform, and complete all work in accordance with
the SCOPE OF WORK for 15 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 nine thousand, three hundred and seventy-five
dollars ($9,375.00). 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 March 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 1 aithf ully 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 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 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
nationalorigin.
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:
Norma A. Smigowski, Trustee
Frank P. Montesi, Trustee
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
r"�"1kt:lRJnt_JlS QUITCLAIM DECO SHORT FORM (INDIVIDUAL� 081
No )--fflit A. 111-hali, an Frank P. Montesi
of Danbury, C0111-jecticut.
and Silejn E Comity, Massachu5citts
ssex
behiS immarived, lor(finsi(jelation paid, arid fit frill tillsicict:ltioll of norni
nal
t' grantsto Norma A. Smigowski, Robe
_rt P. Urban and Frank P.
N'T Montesi
Trustees of 15 Crombie Street Realty1c
nder Declaration
T itif Trust dated Auj 9 1979 art recorded hexlewithw't" lijuRrinint ratienantli
S� C it-O, + I
said County, together with the buildings thereon, situated at
15 Crorribie Street, bound7d.,,apd, cl scu goif% follows :
if to, aniFt-O,um
WESTE'RLY by Crombie Street, as shown on a plan hereinafter
I mentioned, twenLy-seven and 72/100 - (27. 72) feet;
NORTHE'RLY by land now or fornierly of Crombie Street Congregational
church, seventy-one and 35/100 (71. 35) feet;
it J1 EASTERLY by land of said croll-ilDie
Street Congregational Church, as
shown on said plan
W` twonty-six and 66/100 (26.66) feet; an
by other
k" d 110w ill: tormerly of Naunikeag Amusen nt Co. ,
10- lent
seventy-one, and 51/ 100 ( 71 . 51) feet.
Said _pc�lllises, conLain 1, 942 scjuiro e i wn
fo L and
--ares-ho , _ On
-a cer ta,i
entitled " Land of Nauinkeag iullus(�111(�11v Co. , Inc. , Sale' in, Mass . , ' Nov. , L962#
Thomas A. Appleton, C. E. " rocovdud -sex
t :
with E*s -South District Registry of
DeecJJ7_, Bool� 5013 , -Page 89 .
- -Said prenki�;es are conveyed subjucL to all encumbrances of r jvr�cl.
41
4
iieinq thu s,,lme premises conveyed to its by of Stuart
qeed R.' Abrams and
Sainuel. J . Martin dated June 1,979 , and recorded with said Registry
in Book 44.00 Page 109
fit
0I
a I;!'
of,r limid s and sc�ll s fill' ....... ...... dily of ........ .. . .... ..
..........
it .......
i P4..S ,riol Ila A,- 500 ows 1
P.-...
1)a n
Fra" on e s i
n k P�'�' t
T
01tir 111111111mr1liallieth,
August 9
ss.
b
Tlicil jn,i�tijllly it[ilwilled tile above Nontia A. Siniclowski, Ro ert P Lklmn, a
1'rank P.' MoAt.os.l.
and a6inifiviedvIcI.1 the foregoing instillment lit I)e Llieir free act and (iced, before fill;
............ ......... _b:..... ......1....:........
I NOTAlly PWILIC
f., nolls,om cKlIlres Ily Collfin",ni, Lxpfts April 1, IV84
(4 Indivi'lLwl - — joint'I cnin)(5 'i crimits in common - Tenants by the Entirely.)
CI I A Ill 1:It I B 3 St G 6 A S Af,I F N L)1;1) IfY C1 IA Pl ER .197 OF 1969
Every Jml pr"macd for I,,,oRl shall LOLI(Aill Of lIaVC COdOISCd Op.in it tire full lianic, resithene and post office address of the Office
gild 9 te(OAl Of'dIC A11101111t Of the full runsidef,,tion the'Cof in d''llals ... the nature of tire other consideration therefor, if not d-tivered
for U 5I)CLifiC InOnefUly Soll The full on5idCOLIIOn SIILIII HICAO the lkll;tl I)UiLC for tire conveyance without deduction for any I
tens or.
6 Vital il)[AIRCS ASSUPORd by fill gfillln,c or rciniming thercon All ca.lmscinenti and recitals shall be recorded as pill of the dccd. I
[;,little to coniply Willi Illis Simon ShAl for 1111ILIt [fit Vllidit)' Of �-Iy 111�11. No register of decds shall accept a liced for rt�curdin
unics'
it is in twilphrimc Will of (his �Cclnin,
t �AST_ //_ _CV)A. INST .
-F--7
EXHIBIT A
BK7045 PG49 I
AGREEMENr OF RESIGNATION
1, Kathleen S. Urban, Conscrvatrix of the Estate of
Robert P. Urban, an incompetent Person by virtue of Decree Of
icut, dated
the �robate court for the District of Bethel, Connect
June 17, 1982 for Robert P. Urban, Trustee Of 15 Crombic Screct
Realty Trust, a written Declaration of Trust dated August? 1979,
Uistrict Registry of Deeds, 1!; li i:
and recorded with the Essex South
Book 4,1631 Page 115 hereby r,signs as Trustee of 5-1111
Trust.
IN WITNESS WHEREOF, I hereto set my hand and seal
this day of 6c,.�cm-b"c'r� 1982.
j
Ka e�� �)rLha
:)f the I-state of Robert 1'. Pirban,
j, i1jeompel-Ont Pets"')
STATE OF CONNEMICUl.
December 1982
C,,ntv of Fairfield
the above haried Kathleen S. Urb,",
Then personally hPl)c3rcci ConpeLenL
C,,servatrix of the Eltare of Robert 1'. Urban, a n i
person, and acknowledged the foreeniji 111gtru.cint to lie her free
act and deed, before me.
tary lublic
my ,,mission cxpirest :
"'i C.MIN e 11,1sy public
bres Aull 1.19-.�
P1,ST
$5. RECORDED—S,��
EXHIBIT "B"
FACADE AGREEEMENT
DATE: July 23, 1985
SCOPE OF THE WORK
NAME: Frank P. Montesi
ADDRESS: 15 Crombie St., Salem, Mass. 01970
JOB DESCRIPTION
NOTE: The Contractor shall:
1) Reclapboard south and west facades. Work to consist of removing existing siding, repairing
or replacing sheathing as necessary, and installing tyvek wrap and Y211 x 6" red cedar
clapboards.
2) Install new crown moldings on window surrounds on south and west facades.
3) Replace cornerboards at northwest, southwest, and southeast corners of main block.
4) Replace 70 feet of fascia, soffit and crown molding along south facade.
5) Install 100 feet of aluminum gutters along the south facade and three downwpouts.
6) Paint house with one coat of primer and two coats of Cabot's OVT stain.
TOTAL $18,750.00
"EXHIBIT C"
THIS DEED OF EASEMENT, made this day of 1985, between
Norma A. Smigowski and Frank P. Montesi, Trustees of the 15 Crombie Street
Realty Trust, dated August 9, 1979, and recorded in the South Essex District
Registry of Deeds, Book 6631, Page 182, and amended January 11, 1983 (see South
Essex District Registry of Deeds, Book 7045, Page 491), owners of land and
buildings located at 15 Combrie Street, Salem, Massachusetts, and described and
recorded in the South Essex District Registry of Deeds, Book 6631, Page 182,
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 August
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
15 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
6631, Page 182, bounded and described as follows:
WESTEERLY by Crombie Street, as shown on a plan hereinafter mentioned,
twenty-seven and 72/100 (27.72) feet;
NORTHERLY by land now or formerly of Crombie Street Congregational
Church, seventy-one and 351100 (71.35) feet;
EASTERLY by land of said Crombie Street Congregational Church, as
shown on said plan, twenty-six and 66/100 (26.66) feet; and
SOUTHERLY by other land now or formerly of Naumkeag Amusement Co.,
seventy-one and 511100 (71.51) feet.
Said premises contain 1,942 square feet and are shown on a certain plan
entitled "Land of Naumkeag Amusement Co., Inc., Salem, Mass., Nov., 1962,
Thomas A. Appleton, C.E.11 recorded with South Essex District Registry of Deeds,
Book 5013, Page 89.
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 August' � 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 f He in the of f ice of the "uilding 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 chairmari� 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 (I) 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 duty authorized in a deed or appointment
executed by its Chairman.
WITNESS our hands and seal this day of _, 1985.
WITNESS:
Norma A. Smigowski, Trustee
Frank P. Montesi, Trustee
ACCEPTED: SALEM REDEVELOPMENT AUTHORITY
BY
Gerard Kavanaugh
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. , 1985
Then personally appeared the above-named Norma A. Smigowski, Trustee and
Frank P. Montesi, Trustees of 15 Crombie Street Realty Trust 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 August, 1985 by and between
Norma A. Smigowski and Frank P. Montesi, Trustees of the 15 Crombie Street
Realty Trust, dated August 9, 1979, and recorded in the South Essex District
Registry of Deeds', Book 6631, Page 182, and amended January 11, 1983 (see South
Essex District Registry of Deeds, Book 7045, Page 491), Owners of land and
buildings located at 15 Combrie 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 15 Crombie Street, Salem , (see South Essex District
Registry of Deeds, Book 6631, Page 182 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
I
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 15 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 111311) but not to exceed nine thousand, three hundred and seventy-five
dollars ($9,375.00). '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 March 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 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:
Norma A. Smigowski, Trustee
Frank P. Montesi, TruTtee
Funds have been appropriated for this purpose
under Community Development
Richard Hingston, City Auditor
Approved as to legal form and character:
MicFa—el E761�rie6 City Solicitor
021411=14 MAIN
EXHIBIT A
0. �4,
Tl1A�ilII;Htj9ILI_Itj QUITCLAIM DElcO SHORT FORM (INDIVIDUAL) 081
Well N(l)j:jti,i
A. Siili�yovi��lki, J�obcIrj: p. tj
I-ban, an Frank P.
Montesi
of Danbury , ConrlecLicut. a nd Salem Comity, massachuscits
Essex
behig Ammorrilied, I or coiisiciel�16011 I)aiLl, Al III ill f III I (oillsiticiaticio of nominal
grallts to Norma A.
Silligowski, Robert: P. Urban, and Frank P. Montesi
Trustees of 15 Crombie Street Realty,lun&r Declaration Qt
Trust clated Aul 9 1.979 art recorded herewithw't" ijillitrittlitt rmiritutito
C a-lo, +-
tile Lilld III said County, together with the buildings thereon, situated at
15 Crombie Street, bound7o,,,apd dFscriLbQ&j
I, 41follows :
ri jon ant I halite , I
VIESTE"kily
by Crombie Stree as shown on a plan he.;;einafter
men Lioned, twenty-seven and 72/100 (27. 72) feet;
NORTHERLY by land now or formerly of Crombie Street Congregational
Church, seventy-one and 35/100 (71. 35) feet;
EASTERLY ljy land of said Crombie Street Congregational Church, as
shown on said pian, twenty-six and 66/100 ( 26. 66) tle -t; an
L_t;
SOU'lliff"R Ily by other .] and now ()l: formerly of Nauttirkeaq Amusement: Co. , 1
it �l
ievenLy-olle lilid i) l /
100 ( 71 . 51) feet.
said pre'nuises contain 1,9,12
luzir(- leet and are-shown on,a certl plan,
101
15 entitled " r,and of Nesumhear-i Nualsoille!it: Co. , Inc. , Salem, mass. , Nov . , Li
't'homas A. Aj-)n1 (lltt:ojj, C . E : T-(Ic-Ird ed with E,,1�3qx Zo, tb DistriCt Recji�try of
k 5013 , Paqe_�') .-
Deeds , Boo
-u- conveyed subje(,L to all en iml5rances of record.
said premi�.;es ar
uif I
Beinq tire 11;aIir(.! premises convLli to us by deed of Stuart R.
it Abrams and I
'V,l it, latime.) J . manin dated June 1.979 , and recorded with said Registry ,
it
.3
in Book 41,00 Page I
Jilt
LI
9.
o I I r Illoi s MILI Seal S LiltS th), of ...... .......... ....... ......
it
....... ...... r4ol 11a
Ro '6r P Uylban
...... ....
....... ...
ra 111 40 t6s I
It I
I Lif ifiallihariltmeth,
79
SS. t)�llilmry, C F Augu s t 9 t tl:1
111ti lwl�omiilly ii�ycltle(l tile above Illillc(il II,iocma A Smigowski, Robert Pf�� Lf itl?In)', alid '
Prank Moi%tcls�i,
$El rkillielit 1). their free act atid deed, before inj
afiti aci:ot)wIe(1te,J tire foregoicig iost
14
I
0
...........................I!............
It. Car-01 JOlInStONt,tai-ytublic-l"�M)Ot4�k
Illy rI;IIl.lC
my "mulli"i,or crilorcs py (;r,I,,s,,1n ll,pots April I, IVA
4:111diVil - JL)itlt 'l CI)AntN Tclialitti it, ( ommoi, - Ti by the Entirety.)
CIIAVIIIIi, 183 SEC. 6 AS ANII;NI)1;1) BY CHAMTR 197 OF 069
,0�l. AiI
:MY IILIII 1111stun"t fill lCliufll shall (notion or 1""c codoisl "pill it tile full juri residence and post office address of the grautcc
and ,I 111iod (i aftil III the full (Inilider3li.11 IIICIWf I,, Iti1j., ,, the ut.jc of the other onsideratiot therefor. if ]lot delive'ed
joice for the conveyance without dc1luction for any liens Of
for U site,ific loolicial sun, The fidl onsiditratiou Nhull Illivall In: III
6 cut Iflubris. T �::!L,lscrucries out ccitals sinall be recorded as part of tlic deed
"e3 J)Ip tile gialitte or fciniuuoj� thcreoo Ali -A,
F.Id-dic to Comply Witt, Illis section slid, o0t Off(I [file lildilloy It( All, d,,d. No register of deeds shid[ ai a dccd for M�Ordilliq Iflikil
it is In 'oniplionc With the it,qui't,olcits of (hils
Q�
pl 1,10 COM)IO)
EXHIM A
BK 7 0 4 5 PG 4 9 1
AGREEMEN'r OF RESIGNAT1014
1, Kathleen S. Urban, Con5,,,aLrix Of the Estate Of
Robert P. Urban, an incompetent Person by virtue of Decree of
the Probate Court for the District of Bethel, Connecticut, dated
June 17, 1982 for Robert P. Urban, Trustee Of 15 Cromble Street
R,Ilty Trust, a written Declaration of Irust dated August? 1979,
and recorded with the Essex South 1)1,triCL Registry Of Deeds,
Book "31 Page JJS' hereby resign, s 1ruslue Of '-'ill
Trust.
set my hand and seal
IN WITNESS K'11EREOF, I hereto
this day of December-, 1982.
on
irban, cr)n!;,rv,,tr1x
11 the I'StntC Of Robert
n,i inc.mpeLCOU FIT'S"n
STATE OF CONNI-ClIC01
Do cc 0'er 1982
County of Fairfield
the above named Kathleen S. Urban,
Then personally 11PPOar0d
f, 1% urban, an incompetent
C,,servaLrix of the Estate of Rohelt
person I and acknowledged the forc��OiTlg instrmment to he her free
act and deed. before me.
T—otary )'u1bliC
�jv commission expires:
l I I�00 C.W: C
L',""P0 1,1)Zb
jj;ST J,.
53. RECORDEJD
"EXHIBIT C"
THIS DEED OF EASEMENT, made this day of 1985, between
Norma A. Smigowski and Frank P. Monfesi, Trustees of the 15 Crombie Street
Realty Trust, dated August 9, 1979, and recorded in the South Essex District
Registry of Deeds, Book 6631, Page 182, and amended January 11, 1983 (see South
Essex District Registry of Deeds, Book 7045; Page 491), owners of land and
buildings located at 15 Combrie Street, Salem, Massachusetts, and described and
recorded in the South Essex District Registry of Deeds, Rook 6631, Page 182,
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 August
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
15 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
6631, Page 182, bounded and described as follows:
WESTEERLY by Crombie Street, as shown on a plan hereinafter mentioned,
twenty-seven and 72/100 (27.72) feet;
NORTHERLY by land now or formerly of Crombie Street Congregational
Church, seventy-one and 351100 (71.35) feet;
EASTERLY by land of said Crombie Street Congregational Church, as
shown on said plan, twenty-six and 66/100 (26.66) feet; and
SOUTHERLY by other land now or formerly of Naumkeag Amusement Co.,
seventy-one and 511100 (71.51) feet.
Said premises contain 1,942 square feet and are shown on a certain plan
entitled "Land of Naumkeag Amusement Co., Inc., Salem, Mass., Nov., 1962,
Thomas A. Appleton, C.E." recorded with South Essex District Registry of Deeds,
Book 5013, Page 89.
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 August , 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:
Norma A. Smigowski, Trustee
Frank P. Montesi, Trustee
ACCEPTED: SALEM REDEVELOPMENT AUTHORITY
BY
Gerard Kavanaugh
COMMONWEALTH OF MASSACHUSETTS
.Essex, ss. , 1985
Then personally appeared the above-named Norma A. Smigowski, Trustee and
Frank P. Montesi, Trustees of 15 Crombie Street Realty Trust and acknowledged
the foregoing instrument to be their free act and deed, before me,
Notary Public
My Commission Expires:
IS I
AGREEMENT
THIS AGREEMENT, made this day of August, 1985 by and between
Norma A. Smigowski and Frank P. Montesi, Trustees of the 15 Crombie Street
Realty Trust, dated Aug-List 9, 1979, and recorded in the South Essex District
Registry of Deeds, Book 6631, Page 182, and amended January 11, 1983 (see South
Essex District Registry of Deeds, Book 7045, Page 491), Owners of land and
buildings located at 15 Combrie 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 15 Crombie Street, Salem , (see South Essex District
Registry of-Deeds, Book 663 1, Page 182 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 15 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 nine thousand, three hundred and seve6ty-five
dollars ($9,375.00). Said sum shall be paid only upon completion of the work to the
satisfaction andapproval'of the Authority.
ARTICLE III: Timetable for Construction
Rehabilitation work shall commence on or before March 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- Cbanges 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 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 impos ed 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 ar)d 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:
Norma A. Smigowski, Trustee
Frank P. Montesi, Trustee
Funds have been appropriated fo- this purpose
under Community Development
Richard Hingston, City Auditor
Approved as to legal form and character:
Michael E. O'Brien City Solicitor
EXHIBIT "B"
FACADE AGRFEEMENT
DATE: July 23, 1985
c,COPF OF THE WORK
NAME: Frank P. Montesi
ADDRESS: 15 Crombie St., Salem, Mass. 01970
JOB DESCRIPTION
NOTE: The Contractor shall:
1) Reclapboard south and west facades. Work t o consist of removing existing siding, repairing
or replacing sheathing as necessary, and instailing tyvek wrap and Y? x 6" red cedar
clapboards.
2) Install new crown moldings on window surrounds on south and west facades.
3) Replace cornerboards at northwest, southwest, and southeast corners of main block.
4) Replace 70 feet of fascia, soffit and crown molding along south facade.
5) Install 100 feet of aluminum gutters along the south facade and three downwpouts.
6) Paint house with one coat of primer and two coats of Cabot's OVT stain.
TOTAL $18,750.00
"EXHIB T T C"
THIS DEED OF EASEMENT, made this day of 1985, between
Norma A. Smigowski and Frank P. Montesi, Trustees of the 15 Crombie Street
Realty Trust, dated August 9, 1979, and recorded in the South Essex District
Registry of Deeds, Book 6631, Page 182, and amended January 11, 1983 (see South
Essex District Registry of Deeds, Book 7045, Page 49i), owners of land and
buildings located at 15 Combrie Street, Salem, Massachusetts, and described and
recorded in the South Essex District Registry of Deeds, Book 6631, Page 182,
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 August
1985 with the SALEM REDEVELOPMENT AUTHORITY which Agreement requi res
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
15 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
6631, Page 182, bounded and described as follows:
WFSTEERLY by Crombie Street, as shown on a plan hereinafter mentioned,
twenty-seven and 72/100 (27.72) feet;
NORTHERLY by land now or formerly of Crombie Street Congregational
Church, seventy-one and 351100 (71.35) feet;
EASTERLY by land of said Crombie Street Congregational Church, as
shown on said plan, twenty-six and 66/100 (26.66) feet; and
SOUTHERLY by other land now or formerly of Naumkeag Amusement Co.,
seventy-one and 511100 (71.51) feet.
Said premises contain 1,942 square feet and are shown on a certain plan
entitled "Land of Naumkeag Amusement Co., Inc., Salem, Mass., Nov., 1962,
Thomas A. Appleton, C.E." recorded with South Essex District Registry of Deeds,
Book 5013, Page 89.
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 I 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 August " 1995, 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 off ice of the "uilding Inspector ol 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 an), disapproval to.the Grantors in writing with reasons. If a request for
approval is not disapproved by the Au-ihority 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 sha
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 ,easonably 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:
Norma A. Smigowski, Trustee
Frank P. Montesi, Trustee
ACCEPTED: SALEM REDEVELOPMENT AUTHORITY
BY
Gerard Kavanaugh
COMMONWEALTH OF MASSACHUSETTS
Essex, ss. 1985
Then personally appeared the above-named Norma A. Smigowski, Trustee and
Frank P. Montesi, Trustees of 15 Crombie Street Realty Trust and acknowledged
the foregoing instrument to be their free act and deed, before me,
Notary Public
My Commission Expires:
OEM
k
EXHIBIT A
MAS"SACHUSE'TTS QUITCLAIM DIEVED SHORT FORM iINDIVIDUAL) 881
it
B K 6 6 'j I PG 1 8
We, No17111a A. Smigowski, Robert P. U
rban, an�Frank P. Montesi
%
of Danbury, Connecticut and Sale County, Massachosetts
M Essex
being unniallircled, for considenition paid, and in f till cot isideration of nominal
grantsto Norma A. Smigowski, Robert P. Urban, and Frank P. Montesi
Trustees of 15 Crombie Street Realty4
under Declaration
ith
of Trust dated Aul 9 1979 an with quRriutm ratterianto
.1 recorded herewi
05- C jZ_CI e__ .5 e
tbelandinsaid County, together with the buildings thereon, situated at
15 C I rombie , Street, bound-A e apd dFscr�bp
9if%] follows:
scrtpionan encum ine ,
WESTERLY by Crombie Street, as shown on a plan hereinafter
mentioned, twenty-seven and 72/100 (27. 72) feet;
Sri NORTHERLY by land now or formerly of Crombie Street Congregational
al
V
Church, seventy-one and 35/100 (71. 35) feet;
Nil
fill
All i,I,, W v EASTERLY by land of said Crombie Street Congregational Church, as
shown on said plan, twenty-six and 66/100 ( 26.66) feet; a
SOUTHERkY by other land now or formerly of Naunikeag Amusement Co. ,
cf. lit
seventy-one and 51
/100 ( 71. 51) feet.
71 10? Said premises contain 1, 942 square feet and are shown on a certain pl.
- P an
ss - 96
entitled "Land of Naurnkeag Amusement Co. , Inc. , Salem, Mass . ' Nov. , L 2,
Thomas A. Appleton, C. E. " recorded with Essex South District Registry Of ,
N
Deeds, Book 5013, Page 89 .
c,
Said premises are conveyed subject to all encumbrances of record.,
Being the same premises conveyed to us by deed of Stuart R. Abrams and
Samuel. J. Manin dated June 1979 , and recorded with said Registry
in Book 4&00 Page 109
nill
hand s and seals dus ................ day of ......
All . I. I.....
i
..... .........I..... .I I
W� orpa A
'N,
................ . .......
an
"7
/ontesi
A !
Lif malwarilluirtts
st .9W, -
Auglu
ss. Darihiiry, CT
Then pcj�()H�lly qyeared the above nanjej Norma A. Smigowski, Robert Pc,,--.d441n,, a
lI'rank P.' Mor'itesi-
I and acknowledged the foregoing instroment to be their free act and deed, before rrit;
:4
.................... .............
13. Carol Johnstofq,t,,y'Public—�"KMXWWAX
NOTARY Ptiladc
19
84
my Commission expires py clowussion Expires AP01 1, 19
i!, lit;
53?, 11 flr,j OlIndividual joint Tenants in Conincon—Tenants by the Entirety.)
41.
CHAPTER 183 SEC. 6 AS AtOENDED BY CHAPTER 497 OF 1969
Evety ticed pris6nuld for mord shall contain or have endorsed upon it the full naine, residence and post office addr"s of the grantee
a
and reci tAl Of iliC anion]It Of [lie f ill 1,COIISiderat ion thegeof in lol lars or the nature of the other considerat ion therefor, if not delivered
for a specific monetary suin. The full consideration shall nican the toial price for the conveyance without deduction for Any liens or..
d recitals shall be recorded " part of the deed.
6- encumbrances assuincd by (lie grantee or remaining, thereon. All SUCh euJorsenients cul
Failure to cornply'with this section shall not affect the validity of any dtl�d. No register of dads shall accept a deed for recording unless
11) it is in Loniplialu7c witli tlic requirements of this section.
4fl rAST,
WSEX SO" . 1�1��,CORDED dlezz�L L(j'lf
EXHIBIT "B"
FACADE AGREEEMENT
DATE: July 23, 1985
SCOPE OF THE WORK
NAME: Frank P. Montesi
ADDRESS: 15 Crombie St., Salem, Mass. 01970
JOB DESCRIPTION
NOTE: The Contractor shall:
1) Reclapboard south and west facades. Work to consist of removing existing siding, repairing
or replacing sheathing as necessary, and installing tyvek wrap and Y211 x 611 red cedar
clapboards.
2) Install new crown moldings on window surrounds on south and west facades.
3) Replace cornerboards at northwest, southwest, and southeast corners of main block.
4) Replace 70 feet of fascia, soffit and crown molding along south facade.
5) Install 100 feet of aluminum gutters along the south facade and three downwpouts.
6) Paint house with one coat of primer and two coats of Cabot's OVT stain.
TOTAL $18,750.00
EXHIBIT "B"
FACADE AGREEEMENT
DATE: July 23, 1985
ShCOPE OF THE WORK
NAME: Frank P. Montesi
ADDRESS: 15 Crombie St., Salem, Mass. 01970
JOB DESCRIPTION
NOTE: The Contractor shall:
1) Reclapboard south and west facades. Work.to consist of removing existing siding, repairing
or replacing sheathing as necessary, and installing tyvek wrap and Y2" x 6" red cedar
0
clapboards.
2) Install new crown moldings on window surrounds on south and west facades.
3) Replace cornerboards at northwest, southwest, and southeast corners of main block.
4) Replace 70 feet of iascia, soffit and crown molding along south facade.
5) Install 100 feet of aluminum gutters along the south facade and three downwpouts.
6)� Paint house with one coat ol primer and two coats of Cabot's OVT stain.
T 0 TA L $18,750-00
HOME IMPROVEMENT PROGRAM CASE
No 04�s f
CONTACT SHEET NAME
ADDRESS j5
PHONE
DATE BY COMMENTS
lb L,4- I-A i
15g�,vj
4w4tvi t4 k�
cui
AGREEMENT
THIS AGREEMENT, made this day of August, 1985 by and between
Norma A. Smigowski and Frank P. Montesi, Trustees of the 15 Crombie Street
Realty Trust, dated August 9, 1979, and recorded in the South Essex District
Registry of Deeds; Book 6631, Page 182, and amended January 11, 1983 (see South
Essex District Registry of Deeds, Book 7045, Page 491), Owners of land and
buildings located at 15 Combrie 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 15 Crombie Street, Salem , (see South Essex District
Registry of Deeds, Book 6631, Page 182 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 I: Design Review and Rehabilitation Program
The OWNER shall furnish, perform, and complete all work in accordance with
the SCOPE OF WORK for 15 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 nine thousand, three hundred and seventy-five
dollars ($9,375.00). 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 March 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 remedialaction 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
abol.ish the CITY's contribution under Article 11 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
contribuiion 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 Clty—P—E—nn—er Joan M. Boudreau, Chairman
OWNER:
Norma A. Smigowski, Trustee
Fran�P.—Montesi, Trustee
Funds have been appropriated for this purpose
under Community Development
Richar Hingston, City A
Approved as to legal form and character:
Mich�el—E- OBr�enCity Solicitor