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40
'u1
MINUTES OF THE MEETING
OF THE BOARD OF THE SALEM REDEVELOPMENT AUTHORITY
HELD ON APRIL 12, 2000
A regular meeting of the Salem Redevelopment Authority was held on Wednesday, April
12, 2000, at 6:00 p.m. Chairman Curran called the meeting to order and on roll call, the
following members answered present: Conrad Baldini, Robert Curran, and Donna
Vinson. Michael Connelly and Kevin Daly were excused. Staff Assistant Mary Cassidy
was also present.
MINUTES
Chairman Curran called for approval of the minutes of the SRA meetings held on March
8, 2000. Mr. Baldini made a motion to approve the minutes as presented. Ms. Vinson
seconded the motion, all were in favor, motion so carried.
DISCUSSION/NEW BUSINESS
35 St. Peter Street—Certificate of Completion
A request was submitted to the SRA to execute a Certificate of Completion document for
35 St. Peter Street. Ms. Dubinsky explained that this request is a result of a Covenant
placed on the sale of a parcel of land from the SRA to New England Telephone in 1973.
Mr. Baldini made a motion to authorize the Executive Director to execute a Certificate of
Completion for 35 St. Peter Street. Ms. Vinson seconded the motion, all were in favor,
motion so carried.
Higginson Block Realty Trust— 14 Derby Square—Loan Application
Mr. Michael Blier and Ms. Carol Whalen appeared before the Board with a loan request
for $125,000. Ms. Cassidy explained to the Board that these loan funds will enable Mr.
Blier to install an elevator to make the building handicap accessible, to construct ADA
approved restrooms, and bring fire egresses and sprinkler systems to Code. Ms. Cassidy
added that she has toured the building with Mr. Reffett and they were extremely
impressed with the quality of the renovations. Ms. Cassidy outlined the benefits of this
loan which included: improving a downtown property; adding value to the tax base;
creating additional small businesses in Salem; creating jobs; and creating handicap
accessible space.
At this time, Mr. Blier and Ms. Whalen made a presentation to the Board explaining the
interior renovations that have been completed, and those that are slated for the building.
Mr. Blier pointed out that TripKing.com, a startup company has leased two floors of
space in the building, and there are four other tenants, including his landscape
architectural company. He continued that there is still 8,500 square feet of vacant space
that could house a restaurant, a retail business, and/or office space.
r0 Salem
® Redevelopment
Authority
April 20, 2000
Laurence M. Yorra
Rackemann, Sawyer and Brewster
Counsellors at Law
One Financial Center
Boston, MA 02111-2659
Re: 35 St. Peter Street, Salem, MA—New England Telephone and Telegraph
Building
Dear Mr. Yorra:
Enclosed are signed originals of the Certificate of Vote and Certificate of Completion
executed by the Salem Redevelopment Authority in regards to the New England
Telephone and Telegraph building at 35 St. Peter Street in Salem.
If you should have any questions regarding these documents,please do not hesitate to
contact me.
Sincerely,
act assi
Mary C. sidy
Staff Assistant
One Salem Green •-Salem, Massachusetts 01970 • (978) 745-9595, Ext 311 • Fax (978) 740-0404
CERTIFICATE OF COMPLETION AND
ACKNOWLEDGEMENT OF SATISFACTION
OF COVENANTS, CONDITIONS,AND AGREEMENTS
AS REFERENCED AND CONTAINED WITHIN A CERTAIN DEED
OF SALEM REDEVELOPMENT AUTHORITY TO
NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY
Reference is hereby made to a certain Deed of Salem Redevelopment Authority
(the "Grantor") unto New England Telephone and Telegraph Company, (the "Grantee"),
dated January 20, 1975, and recorded in Essex South District Registry of Deeds in Book
6476,Page 26 and registered in the Essex South Registry District of the Land Court as
Document No. 165726 on Certificate of Title No. 47860 (the "Deed")
The Deed requires that a Certificate of Completion be issued by the Grantor as to
covenants and agreements contained within a certain Contract of Sale of Land dated
September 28, 1973 by the Grantor and the Grantee, and as set forth in Paragraphs
numbered THIRD and FOURTH of the Deed.
Said Deed also provides:
"Promptly after the completion of the Improvements in accordance with
the provisions of the Agreement and this Deed, the Grantor shall furnish the
Grantee with an appropriate instrument so certifying, such certification by the
Grantor shall be a conclusive determination of satisfaction and termination of the
agreements and covenants in the Agreement and in the Deed with respect to the
obligations of the Grantee to construct the Improvements and the dates for the
beginning and completions 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,
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 the Grantee with the covenants and agreements as set forth within
Paragraphs numbered THIRD and FOURTH of the Deed, and does therefore hereby
release the Grantee, its successors and assigns, from any entailment, express or implied,
created in the Deed.
(FAfim\ypsily\word\0I 330038\A0059275.DOC)
r
1 n
Executed under seal as of the��day of Art- ; 1 2000.
Salem Redevelopment Authority
By:
N : Patric Ref tt
Title: Executive Director
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this ay of April, 2000, Patrick Reffett, Executive Director 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,
No ary Public
Printed Name: 0 L14 -CJ ' /Z/ec2(' /7 C4
-
My Commission Expires:
(FA Vi=\ypsiIv\word\01330038W0059275.DOC
. s
CERTIFICATE OF VOTE
I, Robert Curran, 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
A o r I I 1 Z , 2000, 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,
Patrick Reffett,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 TO NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY"
on behalf of the Salem Redevelopment Authority.
I DO FURTHER CERTIFY that the above vote is in full force and effect on the
date hereof and has not been altered, amended,rescinded, or repealed and is the only
resolution adopted by the Salem Redevelopment Authority relating to the subject matter
thereof.
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;
and that I am the duly elected Chairman of the Salem Redevelopment Authority.
Dated at Salem,Massachusetts,this t Z f) day of n _/ 1 2000.
SALEM REDEVELOPMENT AUTHORITY
By:
Name: Robert an
Title: Chairman
{F:f irm\ypsi1v\word\0133003MOO59275.DOC) _
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS /4 0,' / / Z , 2000
On this day of T1 2000 before me personally appeared Robert
Curran, 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.
e' x!5) �
f,lotary Public
Printed Name:
My Commission expires: Oy
(FA irm\ypsily\word\01330038W0059275.DOC) -
RACKEMANN, SAWYER &
PROFESSIONAL CORPORATION 7
COUNSELLORS A,FYL AVJ� 7/ AN !0: 13
ESTABLISHED 1886
ONE FINANCIAL CENTEnR't1`S Ai_EM
BOSTON, MASSACHUSETTSP64N44 !�'6IQ9 D1=P I.
AREA CODE 617-542-2300
TELECOPIER 617-542-7437
DIRECT DIAL NO.: (617)951-1122 E-MAIL: Imy@rackemann.com
March 24, 2000
BY OVERNIGHT MAIL
Patrick Reffett, City Planner
City of Salem, Planning Department
One Salem Green
Salem, MA 01970
Re: 35 St. Peter Street, Salem, MA—Parcel RC-4
Dear Mr. Reffett:
Our firm represents New England Telephone and Telegraph Company. A recent title
examination of the above-referenced property indicated that a Certificate of Completion was
never recorded following the landscaping and construction of a parking area as approved by the
Salem Redevelopment Authority, as required by the terms of that certain deed from the Salem
Redevelopment Authority to New England Telephone and Telegraph Company dated January
20, 1975, and recorded in the Essex South District Registry of Deeds in Book 6476,Page 26 and
registered in the Essex South Registry District of the Land Court as Document No. 165726.
For your convenience, I have enclosed a Certificate of Completion and a Certificate of
Vote based upon a form provided by your office. I would appreciate it if you could arrange to
have both documents executed and notarized by the appropriate parties and return the signed
originals to my attention so that I may arrange to have them recorded at the registry of deeds.
I would also appreciate it if you could let me know in advance the time and location of
the board meeting when this request will be considered. Your office said that it may prove
helpful to the board to have a representative of New England Telephone and Telegraph Company
present at the meeting to answer any questions the board might have.
G:\envre\133\38\A0059552.DOC I
RACKEMANN, SAWYER & BREWSTER
Patrick Reffett, City Planner
March 24, 2000
Page 2
Thank you for your assistance in this matter.
Very truly yours,
6uvta M 'V "__
Laurence M. Yorra
cc: David S. Ho, Staff Director(w/encl.)
Amy Friedman (w/encl.)
Daniel J. Ossoff, Esq. (w/encl.)
CERTIFICATE OF VOTE
I, Robert Curran, 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
, 2000, 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,
Patrick Reffett, 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 TO NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY"
on behalf of the Salem Redevelopment Authority.
I DO FURTHER CERTIFY that the above vote is in full force and effect on the
date hereof and has not been altered, amended, rescinded, or repealed and is the only
resolution adopted by the Salem Redevelopment Authority relating to the subject matter
thereof.
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;
and that I am the duly elected Chairman of the Salem Redevelopment Authority.
Dated at Salem, Massachusetts, this day of 12000.
SALEM REDEVELOPMENT AUTHORITY
By:
Name: Robert Curran
Title: Chairman
I FAfi=\ypsi1v\word\01330038\A0059275.DOC)
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS 2000
On this day of , 2000 before me personally appeared Robert
Curran, 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
Printed Name:
My Commission expires:
{F:\firth\ypsily\word\0I 330038\A0059275.DOC
USICEu. LAND -
SEE DOC.,, W,11 r7.16 �G
& PLAN BK6476 PG026
SEE PL„ -
PL„ 6
S y, a body politic and
corporate,, organized and existing under the laws of the Common-
us
ommon-
wealth of Massachusetts, .and having. its usual place of business
in Salem, Essex County, Massachusetts', (hereinafter referred to
as "Grantor") for and in consideration of Twelve Thousand Five
Hundred: ($12.,500:00) Dollars, paid GRANTS to the HL7P�Li1Q!!!H!D
COMPANY, a- corporation duly established
underthe
,3 O f- the State of NewaYork, having its office at
Suffolk County, Massachusetts,
185Franklin. Street, Boston,:
(hereinaftey,�,_referred to as. "Grantee")' , with QUITCLAIM COVENANTS
ascribed parcel of land:,: (hereinafter referred
the follgw3`st d ,
s on a
A cez€afn�pazce of. land beinTF.shown as-
1 _ plan entitled; Property Plan Project. NO. Mass. R-95,
HeritageaPlazaa8ast°r Salem Redevelopment Authority, Salem,.
ass•
,-"` Scales:--1.."- t 2O'', May--1&r 1973;- Whitman: 6 Howard,
M
asw ;gngtnwff, and Architects-e, bounded and described as
followa.a.a -
` EASTERLY by� St. Peter Street,. thirty-one .and 5/100
(31.05) feet:.
•
'SOUTHERLY---- by other. land: of-the=grantee;.one hundreds j
nine„(109)- feet,-
WESTERLY by other land-. of. said.- grantee,, four (4) feet; '
,b {
Y
SOUTHERLY... � by other- lando€�- said grantee:,: thirty-six an
98/100,- (36.981. feet,,
{ WESTERLY` - by- othe land:of. said grantee, ten. (10) feet; -
/ SOUTHERLYby sinand. 42/106(116.42), feet;: land-of sairantee, one hundred
xtee
WESTERLY'_ by land of Salem Redevelopment. Authority,
LLL nineteen and 53/100 (19.53). feet;.
NORTHERLY. by other land of hwn ad �ParcelmRCC--lA,eonpsaid
Authority, o
- W
E: BK6476 PG027
p f, Two Lrrd r/o�/'sdt.� �l 9 /•r „fi/jerr,�/
vin dnFrotd be show av �YYer /`vg/l }�Cis� st eJU����'�"F/��
n 1fAlor.ra /
APR 12 1918
PIRA ah" c3"
�ElNdlsduto4e ripdonon" plan, two hundred sixty and 90/100 (260.90)
�_dL'N.ond tyEngk*W 1. feet.
Said parcel containing 6,964 square feet of land, according
' to said plan.
There is included within the above described premises a
parcel of registered land being bounded and described as
follows:
EASTERLY by St. Peter Street, twenty-six__CW feet;
SOUTHERLY. by land now or formerly of the Salem Redevelopment
�pAuthority, formerly at passagewayp .one hundred
six and 45/100 (106feet;
bsq WESTERLY by land now or formerly of Salem Redevelopment
IV AAuthority, two feet;
a.1s
SOUTHERLY-- ..by other landof the grantee, eighteen and
49/100: (19+49r feet;
20,¢
[[ WESTERLY- by,land- now or: formerly of Salem Redevelopment
_, .Authority, formerly North Court, thirty and
20110.D. (30. feet;
pass shown on a plan hereinafter
�:� b -� _ t 1
NO.XM_WFZ_;II
Y. LQ -.
+ referred to,: one hundred twenty-six. and. -
�,..`,
44/10U4126-441 feet.
Al}s of, sa#d�boundaries:.are determined, by the Court to be
locatedi oM, Plary entitledM "Plan of Land in Salem, Nass. ,
a Scale: 1"— 2GA'V Dated December 7,. 1973, Whitman. & Howard,
' Engineers-and Architects" being a subdivision of land in
Land. CourtiCase No.!, 5156A, 7945A and 7330A.
Said.parcel being-shown, as montheabove mentioned
t plan.
For-title, reference,-see Certificates of Title. No. 39391
and. 39641.,, sea-also-deed. of Ethel W. Ferris to Salem
Redevelopment Authority, dated June. 4,, 1969, recordedwith
r Essex South. District Registry of Deeds, Book 5612, Page
471;. see also. deed. ofJamesO.. Spinney, Trustee, to Salem
Y' Redevelopment Authority, dated June 11, 1969, and recorded.
- with said- Registry- of Deede, Book 5614, Page 306; and also
Order-of Taking recorded on February 23, 1970, in Book.
.. 5668,: Page°.220:
The. Property is conveyed, in addition to all other condi
tions, covenants and restrictions hereinafter mentioned, subject
to the provisions of a certain Contract of Sale of Land (herein-
:
BK 6 4.7 6 ;PG 028
after referred to as the "Agreement") between the SALEM REDEVELOP-
MENT AUTHORITY and the NEW ENGLAND TELEPHONE AND TELEGRAPH COMPANY,
dated September 28, 1973. -
This Deed is made and executed upon and is subject to cer-
tain express conditions and covenants being a part of the consi-
deration for the .property hereby conveyed and are to be taken and
construed as running with the land and upon the continued obser-
vance of which and each of which, with the sole exception of cove-
nants FIRST and SECOND, the continued existence of the estate
hereby granted shall depend, and the Grantee hereby binds itself
and its successors, assigns, grantees, and lessees forever to
these covenants and conditions which covenants and. conditions are
as follows:
FIRST: TheGrantee- shall devote the property to, and only
to and in accordance>-with, the uses specified in the Urban Renewal
Plan, as the same may hereafter be amended and extended from time
to time;
SECOND:- The Grantee shall not discriminate upon the basis
of race, color, creed or national origin in the sale, lease or
rental or in the use or occupancy of the Property or any part
s
thereof;
THIRD: The Grantee shall redevelop the property by land-
scaping and constructing thereon a parking area (hereinafter
called collectively the "Improvements") , said construction to
begin at once and shall diligently proceed and complete such con-
- y:a
struction within nine (9) months from this date.
FOURTH: The Grantee, prior to thepropercompletion of
the Improvements, as certified by the Grantor, shall not make or
create, or suffer to be made or created, (a) any total or partial
sale, conveyance, or lease of the Property, or any part thereof -
z
BK6476 PG 029
-4-
or interest therein, or (b) any agreement to do any of the fore-
going, wj4.bw pYro ittett-approval of_—the--Grantbr.
These agreements and covenants shall be covenants running
with the land gnd they shall, in any event, and without regard to
technical classification or designation, legal or otherwise, and
except only as otherwise specifically provided, be, to the fullest
extent permitted by law and equity, binding for the benefit of
the community and the Grantor (and for the benefit of the United
States in case of covenant SECOND) against the Grantee, its
successors and assigns, and every successor in interest to the
property, or any part thereof or any interest therein.
The co
n
The covenants and agreements contained in covenant numbered
SECOND shall remain in effect without limitation as to time.
The covenants and agreements contained in the covenants
numbered THIRD and POIIFTTfi'-str�rtt—termiAate-� *h aatP th��anter-
The Grantor shall be deemed a beneficiary of covenants
numbered FIRST through FOURTH, and the United States shall be
s'.
deemed a beneficiary of the covenant numbered SECOND, 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 effect, without regard to whether the Grantor and the
United States is or remains an owner of any land or interest
therein to which such covenants relate. As such a beneficiary
the Grantor, in the event of any breach of any such covenant, and
the United States in the event of any breach of the covenant
numbered. SECOND, shall have the right to exercise all the rights
BK6476 PGO30
and remedies, and to maintain any actions at law or suits in
equity or other proper proceedings to enforce the curing of
such breach, to which beneficiaries of such covenants may be
entitled.
Promptly after the completion of the Improvements in
accordance with the provisions of the Agreement. and this Deed,
the .Grantor shall furnish the Grantee with an appropriate in-
strument socertifying, such certification by the Grantor shall
be aconclusive determination of satisfaction and termination of
the agreements and covenantsin the Agreement and in the Deed
with respect to. the. obligations of the Grantee to construct the
Improvementw and; the-dates, for the beginningandcompletion.
thereof.. A11 c tifications provided for in this Deed shall be.
in. such forma �` ir3,1 enable,. thenrto be-recorded with the Clerk of
.. i
t ryr.
the, County
of Ea
sexMassachusetts.
achusetts:
the- Re s -
. :. .. . . . --
breach of any of.
In+.thr event of°any default under or
Y
the conditions;, agreement s:or, covenants: bg either party hereto,
or any successor.or assign of;- or successor in interest to, the
Property such party or successor- shall upon written notice from
the other proceed to remedy: or cure: such default or breach within
a
'-sixty,- (60)- days after receipt of. notice., . In case such action is:
not taken or diligently pursued or the default or breach shall
not'. be`.cured..or: remedied,within a reasonable.. time. the aggrieved
partymay.;+ institute suchproceedings-as may, be necessary or
' desirable= ln its opinion to cure or remedy such default or breach
,.
.or to obtaindamages- therefor,: i.ncludingbut- not limited..to
proceedings to compel specific. performance by the party in
5K6476 PG03I
-6-
default or breach of its obligations.
WITNESS the execution hereof under seal this 20th day of
January, 1975
ATT ST: SALEM REDEVELOPMENT AUTHORITY -
BY
1 !�f
�,i 1 �1^
WILLIAM j. �NTI, CHAIRMAN
.�.1
;)ATTEST: NEW ENGLAND TELEPHONE AND -
TELEGRAPH COMPANY
� BY
Aeaista t ecretary _ President
a ,
COmMONWEALTH.OF MASSACHUSETTS
Essex, Ss.
lanuaxY 20, . 197
Then. personally appeared the above-named William J. Tinti,
Chairman, and acknowledged the foregoing instrument to be the
free act and, deed. of Salem Redevelopment Authority, before me,
D YP. VALLIS
NOTARY PUBLIC
MY COMMISSION EXPIRES
DEC. 10. 19982�-
97��. PASTS v . m. INST �y
3SSE% SS. RECORDED.- /