Loading...
140 ESSEX STREET- L.H. ROGERS BUILDING CERTIFICATE OF COMPLETION ti� �/ �� - r CERTIFICATE OF COMPLETION FROM: L. H. Rogers , Inc. Redeveloper TO: SALEM REDEVELOPMENT AUTHORITY Local ruD11c Agency PROJECT 140 Essex Street REFERENCE aDNTR=IMX FOR REHABILITATION OF ENTERED INTO THE 30th DAY OF July., 19 73 , BETWEEN THE Salem Redevelopment: Authoritv Local Public Agency OF Salem Massachusetts City State AND L. H. Rogers Inc . Redeveloper OF Salem Massachusetts City State FOR THE Heritage Plaza-East ro ect LOCATED IN Salem Massachusetts City State KNOW ALL MEN BY THESE PRESENTS: 1. The undersigned hereby certifies that there is due and payable by the Local Public Agency to the Redeveloper under the contract, the GOOD FAITH DEPOSIT in the amount. of Two Thousand Seven Hundred Sixty Mollars �$ 2 ,760. 00 ) (Plus interest earned ) 2. The undersigned further certifies that all work required under this contract has been performed in accordance with the terms thereof and no exceptions exist except as agreed upon in writing by the Local Public Agency and the Redeveloper. 3. That in consideration of the payment of the amount stated in paragraph 1 hereof the undersigned does hereby release the Salem Redevelopment Authority Local Public Agency from any and all claims arising under or by virtue of this contract, however, that if for any reason the _ �ltam Redevelopment Authority Local does not pay in full the amount Public Agency stated in paragraph 1 hereof, said amount shall not affect the validity of this release. J_ Page 2 ' IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument this fourth day. of February / I9 75 , L. H. Rogers , Inc . SEAL, Rede er Si a ureZd`T a of Office' I (affiant), being first duly sworn on oath, depos' and says, first, that he is the of the Title Name of Company second, that he has read the foregoing certificate by him- subscribed as of the Title Name of Company affiant further states that the matters and things stated therein are, to the best of his knowledge and belief, true. Affiant Subscribed and sworn to before me this day of 19 Notary My commission expires Date FOR OFFICE USE ONLY Having inspected the above mentioned property, all work required under this contract appears to have been performed in accordance with the terms thereof and no exceptions exist except as agreed upon in writing by the Local Public Agency and the Redeveloper. February 4 , 1975 Date For Sa em Redev el pment Authority BK5954 FIG 319 I II I I II D E E D i; r I . SALEM REDEVELOPMENT AUTHORITY, a public body politic and �I corporate, duly organized and existing pursuant to the General Laws of Massachusetts, having its office in Salem, Essex County, I� Massachusetts, in consideration of Twenty-Seven Thousand Six Hundred ($27,600. 00) paid, grants to L. H. ROGERS,. INC. , a corpo- 1. Ij ration organized and existing under the laws of the Commonwealth .j• z ;I of Massachusetts , with its usual place of business in Salem, with ! � QUITCLAIM COVENANTS, all its right, title and interest in and to iI j the following described land: I, A certain parcel of land, with the buildings thereon, j situated on Essex Street, Salem, County of Essex, and bounded I and described as follows : SOUTHEASTERLY by Essex Street, one huddred thirty and I I 0 (130.99) feet; I I� 99/10 I I I SOUTHWESTERLY by Parcel P-7, as shown on a plan here- II inafter referred to, sixty-seven and 22/100 (67.22) feet; I NORTHWESTERLY by Parcel RC-5, as shown on said plan, one hundred eighteen and 81/100 (118.81) feet; NORTHEASTERLY by Parcel P-3, as shown on said plan, sixty II nine and Sf/100 (69.51) feet. j. II Said parcel containing 8,499 square feet of land and shown as ( j Parcel R-4A on a plan entitled, "Property Plan Project No. Mass. R-95, Heritage Plaza-East, Salem Redevelopment Authority, Salem, _ Mass. " Scale: 1" = 201 , dated August 3, 1972, Whitman & Howard, Inc. , Engineers and Architects. I 14094 I Said premises are conveyed together with a right of way, in common :qa . :j with others, to run. with the premises herein conveyed for ingress kz: i and egress of trucks and other vehicles from proposed Liberty .:j J;: ' :j Street Extension across Parcel RC-5, the exact location of which is to be later determined, to the east end of the rear portion of II F i the premises herein conveyed which is to be used for the purpose j �,� ;i of loading and unloading or other servicing of the building situ- , ated on the said premises. `f� I For title of Salem Redevelopment Authority, see Order of Taking; '- - dated June 5, 1972, and recorded with Essex South District Registry iL N it of 'Deeds, on June 7, 1972, in Book 5874, Page 104 . n n '� j Inn, ;� This Deed is made and executed upon and is subject to cer j!N c ;; tain express conditions and covenants, said conditions and nants being a part of the consideration for the property herecobyve- i L y I conveyed and are to be takenand construed as running with the land and upon the continued observance of which and each of which, with the sole exception of covenants numbered FIRST and FIFTH, the I ; con- tinued existence of the estate hereby granted shall depend, and the Grantee hereby binds itself and its successors, assigns, gran-+ tees, and lessees forever to these covenants and conditions which ! . covenants and conditions are as follows: II I it ! BK5954 PG32O �A (i -2- FIRST: The Grantee shall devote the property hereby con- 1�,veyed only to the_ uses specified in the applicable provisions of jthe Urban Renewal.- Plan or approved modifications thereof; subject a , o the provisions in covenant numbered--TH-IRI1, 11 IISECOND: e Grantee shall pay real estate taxes r ;assessments on the property erpe3 or any per—thereof when due and shall not place thereon any encumbrance or lien other than for temporary and permanent financing of constructionof the Improvements on the property hereby conveyed as provided for in the Construction Plans, approved by the Grantor in accordance withl' 'Section 12 'of the Contract of Sale dated the 11th day of December, 14972, between the parties hereto, (hereinafter referred to as the ' "Contract of Sale") which Contract of Sale is on file in the office'; ,of the City Clerk of the City of Salem, and for additional funds, i 1lif any, in an amount not to exceed the consideration herein speci-I I'fied, and shall not suffer any levy or attachment to be made or any :other encumbrance or lien to attach until the Grantor certifies .that all building construction and other physical improvements 1 !;specified to be done and made by the_Gr-an-t-ee—have—bee ed; T IRD: The Grantee shall commence promptly the construe- ' ' !;tion of the aforesaid Improv m o erty' hereby conveyed !;, in accordance with the .said Construction Plans and shall prosecute ; . ;'diligently the cot-5-150—comp efion: , a in any event, construction shall commence within twenty-five (25) days from the date of this deed and shall b;: sub- ; ' Istantially completed within twelve (12) months from the commence- ment of such construction and in accordance with Sections 5 and 6 of the Contract of Sale dated the 11thday of December, 1972. FOURTH: Until the Grantor certifies that all° the afore- 'said Improvements specified to be done and made by the Grantee `have been completed, the Grantee shall have no power to convey the i property hereby conveyed or any part thereof without the prior I1written consent of the Grantor except to a Mortgagee or Trustee l under a Mortgage or Deed of Trust permitted by this Deed, and, except as security for obtaining financing permitted by this Deed, ;.. ;there shall be no transfer, -and the Grantee shall not permit any !' ( transfer, by any party, owning ten percent or more of the stock ( of the Grantee of such stock, nor shall there be, or be suffered �! to be by the- Grantee, any other similarly significant change in !the ownership of such stock or in the relative distribution there- . 'of, or with respect to the identity of the parties in control of 1; !;the Grantee of the degree thereof, by any other method or means, IIiincluding, but not limited to, increased capitalization, merger, ncorporate or other amendments, issuance of additional or new stock (I or classification of stock, or otherwise; rPFIFTH: The Grantee agrees for itself and any successor Iiin interest not to discriminate upon the basis of race, color, sex, religion, or national origin in the sale, lease, or rental or in the use or occupancy of the property hereby conveyed or any part jthereof or of any Improvements erected or to be erected thereon or any part thereof. J. I� The covenants and agreements contained in the covenant !'numbered FIRST shall terminate on March 23, 2012. The covenants and agreements contained in covenants numbered SECOND, THIRD, and BK 5954 PG321 �I -3- FOURTH shall terminate on the date the Grantor issues the Certifi- etion as herein provided except only that the termina- tate of Compl !. tion of the covenant numbered SECOND shall in no way be construed j! to release the Grantee from its obligation to pay real artathese-eI or assessments on the property hereby conveyed or any. p of. The covenant numbered FIFTH shall remain in effect without t any limitation as to time. In case of the breach or violation of any one riorthe to the j nants numbered SECOND, THIRD and FOURTH at any time p that all building construction and other time the Grantor certifies N, physical improvements have been completed, and in case such breach or such violation shall not be cured, ended or remedied within 601 days after written demand by the Grantor so to do with respect to � II covenant numbered FOURTH and three (3) months after written demand i� by the Grantor so to do with respect to covenants numbered SECOND and THIRD (Provided, that a breach or violation with respect to i the portion of covenant numbered THIRD, dealing with completion of, the Improvements may be cured, theeGrantor sod or tto do)ed hor any further months after written demand by !; extension thereof that may be granted by the Grantor in its sole I discretion, then all estate, conveyed under this Deed, shall cease` and determine, and title in fee simple to the same shall revert to `j and become .evested in the Grantor, or its and successorin r asit•,land� I and such title shall be revested fullycompletely the said Grantor, its successors or assigns, shall be entitled toy �Iand may of right enter upon and take possession of the said pro- t fII such revesting of title to the Grantor: perty: Provided, that any (1) Shall always be subject to and limited by, and shall itI tI 'not defeat, render invalid, or limit in any way (i) the lien of any mortgage or Deed of Trust permitted by this Deed; and I (ii) any rights or interests provided in the Contract of Sale for the protection of the trustees of of Trust or the holders of any any such Deed such mortgage; and it I� (2) In the event that title to the said property or part ) revest in the Grantor in accordance thereof shall i, with the provisions of this Deed, the Grantor .,hall pursuant to its responsibilities under applicable law use its best efforts to resell the property or part thereof (subject to such mortgage liens as herein- It before set forth and provided) as soon and in such II manner as the Grantor shall find feasible and consis � tent with the objectives of such law, and of the I� Urban Renewal Plan, to a qualified and responsible party or parties (as determined by the Grantor) who �! will assume the obligation of making or completing the improvements or such other improvements in their stead as shall be satisfactory to the Grantor and int accordance with the uses specified for the above I �t described property or any part thereof in the Urban j: Renewal Plan, Upon such resale of the property the proceeds thereof shall be applied: I If i ,I I ,i 1 . f I . . -q_ F'i �aTs t, re mburse the Grantor,, on its own Set or cn behalf of City - Salem for all costs and expenses` t�t=er red by clie Grantor including, but not o, aries of personnel in connact.or. ..,i ? the -acs ure , management and resale of the proce-•,o or o3rt t.I -ecf (but less any .income derived by tn•. Grantor. frog; the property or part thereof on r c- and with .uch management) ; all taxes, ass:- ard, water a.nd sewer charges with respect t' v:o- FertY gr par` thereof; any payments made or-,rceasu: to be 'Thele I to discharge any encumbrances or liens exist' the property or Dart then s hereof at tr4 re.est?ng' c,f title thereto; in the `Gran'tor or to discharge or prevent from attaching or being ^rade suA ei * nt encumbrances or �.i+ins due to obligations, ^ d^tau rss or acts of the Grantee',- its 'Successors, o- and expenditures _Trade or oblig tions incui_+ ed,'''ith respect to the maki-n g or, completion^. the Improvements or any part thert�af cn the proper-,, PzXt thereof, and any amounts i'``:.[;?LSli e owing t g ' Grantor by the Grantee and its succcs-ors nr trar. - £erees; and SECOND: to .reirburse the Grantee, its ^cessc_- trans, erees up to an amount equal to t o r•T Purchase price paid by it for the pro— cable to the ,part thereof) and. .the' car invested by ,t ;; n making any of. the X: the .property thereof, less an, income witnd <_7e by it from .` or from the my balance remaining afte r..b,irsemen , by the Grantor. The Grantor shall be deemed a beneficiary of covenants a�(' �( numbered FIRST through FIFTH, and the United States shall be deenad beneficiary of the covenant numbered FIFTH, and such covenants' shall run in favor of the Grantor and the United States for the ; entire period during which such covenants shall be in force and lil effect; without regard to whether the Grantor and the United Stateg . is or remains an owner of any land or interest therein to which t I such covenants relate. As such a beneficiary, the Grantor, in the i� event of any breach of any such covenant, and the United States ink the event of any breach of the covenant numbered FIFTH, shall have the right to exercise all the rights and remedies, and to maintain .. any actions at law or suits in equity or other proper proceedings 1 to enforce the curing of such breach, to which beneficiaries of 4 such covenant may be entitled. II : Promptly after the completion of the above-mentioned im- provements in accordance with the provisions of the Constru Plans, the Grantor will furnish the Grantee with an appropriatection instrument so certifying in accordance with the terms of the Cori- tract of Sale. Such certification (and it shall be so provided i; '� the certification itself) shall be a conclusive determination of satisfaction and termination of the agreements and covenants ' ° the Contract of Sale and in this Deed obligating the Grantee and 1. its successors and assigns, with respect to the construction of t1if j . Improvements and the dates for beginning and completion thereof: Provided, that if there is upon the property a mortgage insured,cr hell or owned, by the Federal Housing Administration and the � i i l { 5954 PG3I BK 23 .• elf., I I• Administration shall. have,detesmined that all ( Federal Housing a art of the` Zmprovements and covered by I buildings consare, ingfact , substantially completed anc accordance in IIsuch mortgage are, in J. dy fot occup Y, i a the determina j with the Construction Plans and a - as to such completion such event, the Grantor and Administhe ratJ� as accept ;, tion of the Federal Housing improvements iri:,•accordance with the I ". of the construction of the Impts i,:, Construction Plan, and, 1tt1ehGrantee in respect ofdthe vconstrucn it I ! the Agreement obligating satisfied ! tion and completion of the Improvements have been fully ` liance with or satis , it l;the Grantor shall forthwith issue its certification and such deter- s.:; 11mination shall not constitute evidence of comp holder of a most- obli ation of the Grantee to any loaned' to fi- II ffaction of aninsurer of a mortgage, securing . Y I lgage,. or any y art thereof. ., W finance the •Improvements, or an p i provided for in the. paragraph next abov �I The certification P _ j li, shall be in such form as will enable it to.: berecorded in ents the pro- per office for the recordation conof ve ed..anlf therGrantormshall per II r taining to the property hereby Y fl II refuse or fail to provide such certification, thehea G=anteeapro- � _ !'.within thirty (30') days after written request by ;ivide the Grantee with a, written w . statement, indicating in what res- 1 id !',pests the Grantee has failed to duly cempinttheaopinionoofmthes and ' I 1what measures or acts will be take perform 'in order to obtain such iy Grantor, for the Grantee to take or p _ I!Icertification. precedent to the lu. The Grantor dcertifies liver ofhthislQuitclaim Dee . on its part I!i 'lvalid execution and delivery 'things necessary to constitute Nave been complied with and that all and legal agreement on the !'this Quitclaim Deed, its valid, binding set forth herein have Ii !',terms and conditions and for the happened, and that the execution Ijbeen done and performed and have happened art have been and are . ! landdeliver of this Quitclaim Deed on its p I lin all respects authorized in accordance with law. The Grantee f 1 Ilsimilarly certifies with reference to its execution and delivery I ,I I10f this Quitclaim. Deed. arch, 1973. day of M I �L1;inA•, WITNESS the execution hereof this SALEM REDEVELOPMENT AUTHORITY i . I Ii I SBRL�. BY { `, AT T*rE fe �= l . WILL J.. NTI , CE CHAIRMAN s � I cu ive-Direcfor L. H• ROGERS, INC. /tl0itb I i BY '. IIWIT I SS: REAS.� THE COMMONWEALTH 0 MASSACHUSETTS 7. 1973 Essex, s Tinti, I !I Then personally appeared the above-named William instru , y' L� Vice-Chairman, as aforesaid, and acknowledged the foreg j`.ment to be the free act and deed of the Salem to meat Authority. i;. vnuly 5 NOTAAY PUDLIC NY GOh4A6SION F.XFIREr F I{ DEG. 1B. 1975 , C 197�i yam(D4. PAST— 3S. INST. # �3 t i., FS9EX SS. RECORDED _ .6 CT� � "Sex xrusrer CV orres, so. 01ST. shun 'mst 19 73 p q 7 7-1 96 t v73 � _ P+. RC - 5 , f SALEM REDEVELOPMENT AUTHORITY i Be N6.80-17'-30"E 10.00 car 1 8,81 Build. ZUj Z cL o N .. J R W F- n N '� 4A . .. ,fin j Y to � ='N AGN — 8, 499 S . f. 0� fTW 0to t- w i J 130.99 1, N X-cur set S68"-46 -18' W i X-Cut set ESSEX STREET Approval under the Subdivision NOTE: Interior property lines fixed by Control Low not required, deeds,ossessors plans,record Nformotion WAING and field survey. Bearings ore based upon Mass. State Grid. THIS PLAN IIAS BEEN REDUCI4D• FOR COUR ECT SCALINGSliB OIUGINAL ON FILE. D i PROPERTY PLAN PROJECT. NQ MASS R-95 JytN Of V,J + rrtucis 4��o,, HERITAGE PLAZA EAST s o1032 X. 111°11 w SALEM REDEVELOPMENT AUTHORITY y ;u�. SALEM , MASS. SCALE 1" • 20' AUG. 3,- 1972 - WHITMAN B HOWARD, INC. ENGINEERS AND ..ARCHITECTS 09 BROAD STREET BOSTON, MASS s 2-160 CERTIFICATE OF VOTE I, William Guenther, do hereby Certify THAT I am Chairman of the Salem Redevelopment Authority, that at a meeting of the Salem Redevelopment Authority duly called and held at Salem, Massachusetts, on July 28, 1994, an adequate quorum of Members of the Salem Redevelopment Authority being present and voting, the following resolution was adopted: VOTED: That the Executive Director of the Salem Redevelopment Authority, William Luster, be duly authorized to sign a certain document entitled "CERTIFICATE OF COMPLETION AND ACKNOWLEDGEMENT OF SATISFACTION OF COVENANTS, CONDITIONS, AND AGREEMENTS AS REFERENCED AND CONTAINED WITHIN A CERTAIN DEED OF SALEM REDEVELOPMENT AUTHORITY UNTO L.H. ROGERS, INC. " on behalf of the Salem Redevelopment Authority. I DO FURTHER CERTIFY that the above vote has not been altered, amended, rescinded, or repealed. I DO FURTHER CERTIFY THAT the Salem Redevelopment Authority is duly organized under the laws of the Commonwealth of Massachusetts; that the foregoing vote is in accordance with the charter and by-laws of the Salem Redevelopment Authority; that William Luster has been duly appointed Executive Director of the Salem Redevelopment Authority; and that I am the duly elected Chairman of the Salem Redevelopment Authority. Dated at Salem, Massachusetts, this 28:th day of July, 1994 ATTEST: William Gu her, Chairman COMMONWEALTH OF MASSACHUSETTS ESSEX, SS: On this 28th day of July, 1994 before me personally appeared William Guenther, Chairman of the Salem Redevelopment Authority, to me known to be the person described in and who executed the foregoing instrument and acknowledged the same as his free act and deed as Chairman, before me. / Notary Public: My Commis ion Expires: CERTIFICATE OF COMPLETION AND ACKNOWLEDGEMENT OF SATISFACTION OF COVENANTS, CONDITIONS, AND AGREEMENTS AS REFERENCED AND CONTAINED WITHIN A CERTAIN DEED OF SALEM REDEVELOPMENT AUTHORITY UNTO L.H. ROGERS, INC. Reference is hereby made to a certain Deed of Salem Redevelopment Authority unto L.H. Rogers, Inc. , dated as of March 7 , 1973, and recorded in Essex South District Registry of Deeds, Book 5954 , Page 319 (the Deed) . Said Deed requires that a Certificate of Completion be issued by the Grantor therein as to covenants and agreements contained within a certain Contract of Sale between the parties, and as set forth in Paragraphs numbered FIRST, SECOND, THIRD, and FOURTH of the Deed. Said Deed also provides: Promptly after the completion of the above- mentioned Improvements in accordance with the provisions of the Construction Plans, the Grantor will furnish the Grantee with an appropriate instrument so certifying in accordance with the terms of the Contract of Sale. Such certification (and it shall be so provided in the certification itself) shall be a conclusive determination of satisfaction and termination of the agreements and covenants in the Contract. of Sale and in this Deed obligating the Grantee and its successors and assigns, with respect to the construction of the Improvements and the dates for beginning and completion thereof. . . The Salem Redevelopment Authority, pursuant to the terms contained within the Deed, as set forth above, does hereby CERTIFY that all of the agreements and covenants of the parties have been satisfied, and that the obligations of the Grantee in the Deed, L.H. Rogers, Inc. , having been fulfilled, are hereby terminated as to said deed . The Salem Redevelopment Authority also intends this instrument to serve as the Certificate of Completion as referenced within the Deed, and does hereby acknowledge full compliance by L.H. Rogers, Inc. with the covenants and agreements as set forth within Paragraphs numbered FIRST, SECOND, THIRD, and FOURTH of the Deed, and does therefore hereby release L. H. Rogers, Inc. , its successors and assigns, from any entailment, express or implied, created in the Deed. Salem Redevelopment Authority Dated: Jv-PI a g. 1Q9By (duly authorized) COMMONWEALTH OF MASSACHUSETTS Essex, ss. On this zgthday of July , 1994, W[[LZwn )�u1t:Z„l r President of the Salem Redevelopment Authority appeared before me and acknowledged this instrument to be the free act and deed of the Salem Redevelopment Authority before me ����t`_z- �/'• ��-fir,,, Notary Public My Commission Expires: