SALEM HOUSING AUTHORITY- LEASE BETWEEN SHA AND SRA FOR TERCENTENARY MEMORIAL LAND SALEM HOUSING AUTHORITY 1992
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IR T�
LEASE AGREEMENT
This lease is made and executed on July 24 1992
by and between the SALEM HOUSING AUTHORITY (hereinafter,
"lessor") and the SALEM REDEVELOPMENT AUTHORITY (hereinafter,
"lessee") . Now, in consideration of the mutual covenants and
provisions set forth hereinbelow, the parties hereto agree as
follows:
SECTION ONE: DEMISE, DESCRIPTION AND USE OF PREMISES
Lessor leases to lessee, and lessee hires from lessor,
those certain premises and appuretnances situated in the City
of Salem, County of Essex, Commonwealth of Massachusetts,
described in a deed from the Salem Redevelopment Authority to
the SALEM HOUSING AUTHORITY dated October 4, 1973 and
recorded in Essex South District Registry of Deeds, Book
6020, Page 79, and more particularly described as Parcel 1 in
Exhibit A which is attached hereto and made a part hereof.
As used herein, the term "premises" refers to the real
property above described and to any improvements located
thereon from time to time during the term hereof. As used
herein, the term "improvements" refers to any alteration,
building, change, improvement, or structure, of any nature
and description whatsoever, which is or may hereafter become
located on or about the said premises at any time during the
term hereof.
The purposes for which this lease is entered into by and
between the parties are set forth in Exhibit B hereto, and it
is understood and agreed to that lessee shall not use, or
cause or suffer to be used, the demised premises for any
purpose(s) other than those described in said Exhibit B,
without first obtaining lessor's express, written consent to
such change in use, upon thirty (30) days' written notice by
lessee to lessor describing the change in use intended. It is
also expressly agreed that the lessee shall use the demised
premises for passive uses only.
SECTION TWO: TERM
The initial term of this lease shall be for ninety-nine
(99) years, commencing on August 1 , 1992 and ending on
August 1 , 2091. As used herein the expression "term
hereof" refers to such initial term and to any renewal
thereof as hereinafter provided.
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SECTION THREE: RENT
The lessee shall pay to the lessor, without deduction or
offset, rent in the amount of One ($1. 00) Dollar, and other
good and valuable consideration.
SECTION FOUR: WARRANTIES OF TITLE AND QUIET ENJOYMENT
Lessor covenants that lessor is seized of the demised
premises in fee simple and has full right to make this lease
and that lessee shall have quiet enjoyment of the demised
premises during the term hereof, and any extensions thereof.
SECTION FIVE: DELIVERY OF POSSESSION
If lessor, for any reason whatsoever, cannot deliver
possession of the demised premises to lessee at the
commencement of the lease term, as hereinbefore specified,
this lease shall not be void or voidable, nor shall lessor be
liable to lessee for any loss or damage resulting therefrom.
SECTION SI%: USES PROHIBITED
Lessee shall not use, or permit the demised premises,
or any part thereof, to be used, for any purpose or purposes
other than the passive purpose or purposes for which the
demised premises are hereby leased; and no use shall be made
or permitted to be made of the demised premises, or acts
done, which will cause a cancellation of any insurance policy
covering the demised premises, or any part thereof or
improvement thereon; nor shall lessee sell, or permit to be
kept, used, or sold, in or about the demised premises, any
article which may be prohibited by the standard form of fire
or casualty insurance policies, or by law. Lessee shall, at
its sole cost, comply with all requirements pertaining to the
demised premises of any insurance company or organization,
necessary for the maintenance of insurance, as herein
provided, covering any building or appurtenance at any time
located on the demised premises. Lessee shall also, at its
sole cost, comply with all requirements of law pertaining to
the demised premises or any building or appurtenance at any
time located thereon.
SECTION SEVEN: WASTE AND NUISANCE PROHIBITED; COVENANT OF
NON-INTERFERENCE; PROHIBITED CONDUCT
(a) During the term of this lease, lessee shall comply
with all applicable laws affecting the demised premises, the
breach of which might result in any penalty on lessor or
forfeiture of lessor's title to the demised premises. Lessee
shall not commit, or suffer to be committed, any waste or
nuisance on or about the demised premises.
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Y •
(b) In addition, lessee agrees not to perform, permit,
or suffer to be done, on or about the demised premises,
anything which will or might interfere with the lighting,
natural and artificial, presently available to lessor's
abutting premises. Moreover, lessee agrees to allow lessor,
its agents, employees, servants, visitors and other persons
having lawful business with lessor, free access and egress to
and from lessor's abutting premises, over such portion of the
demised premises as is reasonably necessary and proper for
purposes of such access and egress, and lessee agrees not to
perform, permit, or suffer to be done, on or about the
demised premises, anything which will or might interfere with
such access and egress.
(c) Lessee agrees not to perform, permit, or suffer to
be done, on or about the demised premises, anything which
will or might interfere with access to, passage over, lawful
use of, and egress from the Charter Street premises by the
Lessor, its agents, employees, servants, tenants, lawful
visitors, and all others having the right to pass and repass
over, and otherwise lawfully use, said Charter Street
premises. It is expressly agreed that lessee's access to the
demised premises shall be from Charter Street Cemetary, and
not from the Charter StreetParking Lot.
(d) No immoral, improper, offensive or unlawful use
shall be made of the demised premises, or any part thereof.
No noxious or offensive activity shall be carried on or about
the demised premises, or any portion thereof, either
willfully or negligently, nor shall anything be done thereon
or thereabout which may be or become an annoyance to
neighboring persons. In construing the provisions hereof,
reference shall be had to the fact that "neighboring persons"
include elderly tenants of the Lessor.
SECTION EIGHT: ABANDONMENT OF PREMISES; REVERSION
Lessee shall not vacate or abandon the demised premises
at any time during the term hereof. If lessee shall abandon,
vacate or surrender the demised premises, or be dispossessed
by process of law, or otherwise, any personal property
belonging to lessee and left on the premises shall be deemed
abandoned, at the option of the lessor, except such property
as may be encumbered to lessor. Notwithstanding the
provisions of Section Two, or any other provisions in this
Agreement, the parties agree that if at any time it shall
appear to the lessor that the lessee has ceased to use the
demised premises for the purposes set forth in Section One
hereof, or in Exhibit B hereto, or any other purposes agreed
to in writing by the lessor, for a period of six (6) months
or more, this Agreement shall lapse, and full control of the
demised premises shall revert to the lessor. This reversion
shall be enforced by the lessor's giving of written notice of
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same to the lessee.
SECTION NINE: LESSOR'S RIGHT OF ENTRY
Lessee shall permit lessor, and the agents and employees
of lessor, to enter into and upon the demised premises at all
reasonable times for the purpose of inspecting the same, or
for the purpose of posting notices of non-responsibility for
alterations, additions, or repairs, without any rebate of
rent and without any liability to lessee for any loss of
occupation or quiet enjoyment of the premises thereby
occasioned, and shall permit lessor and its agents and
employees, at any time within the last two (2) years prior to
the expiration of this lease, to place on the demised
premises any usual or ordinary "to let, " "to lease" or "for
sale" signs, and exhibit the premises to prospective tenants
or purchasers at reasonable hours.
SECTION TEN: NO ENCUMBRANCE OF LEASEHOLD INTEREST
Lessee shall not, by mortgage, deed of trust, or
otherwise, encumber its leasehold interest hereunder.
SECTION ELEVEN: SUBLETTING AND ASSIGNMENT
Lessee may not sublet the demised premises in whole or
in part without lessor's prior, written consent. The making
of any such sublease shall not release lessee from, or
otherwise affect in any manner, any of lessee's obligations
hereunder. Lessee shall not assign or transfer this lease,
or any interest herein, without the prior, written consent of
the lessor, and the lessor shall have complete and unfettered
discretion in consenting, or withholding consent, to any
proposed assignment or transfer. Moreover, any consent to an
assignment or transfer shall not be deemed to be a consent to
any subsequent assignment or transfer. Any such subletting,
assignment or transfer of this lease, or any interest herein,
without the prior, written consent of the lessor shall be
void, and shall, at the option of the lessor, terminate this
lease. Neither this lease, nor the leasehold estate of
lessee, nor any interest of lessee hereunder in the demised
premises or any buildings or improvements thereon shall be
subject to involuntary assignment, transfer, or sale, or to
assignment, transfer or sale by operation of law in any
manner whatsoever, and any such attempted involuntary
assignment, transfer, or sale shall be void and of no effect,
and shall, at the option of the lessor, terminate this lease.
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SECTION TWELVE: NOTICES
All notices, damends, or other writings in this lease
provided to be given, made or sent, or which may be given,
made or sent, by either party hereto to the other, shall be
deemed to have been fully given, made or sent when made in
writing and deposited in the United States mail, registered
and postage pre-paid, and addressed as follows:
Elayne M. Hart , Executive Director
To Lessor: Salem Housing Authority
27 Charter Stree
Salem, MA 01970
William Luster, City Planner
To Lessee: Salem Redevelopment Authority
One Salem Green
Salem, MA Ui1j /U
The address to which any notice, demand or other writing
may be given, made or sent to any party as above provided may
be changed by written notice given by such party as above
provided.
SECTION THIRTEEN: CONSTRUCTION OF IMPROVEMENTS
Alterations, improvements and changes. Lessee shall have
the right to make such alterations, improvements and changes
to the demised premises as lessee may deem necessary from
time to time, provided that prior to making such alterations,
improvements and changes, lessee shall obtain lessor' s
written approval of plans and specifications therefor.
Notwithstanding the provisions of the immediately preceding
sentence, the Lessee need not obtain such advance approval of
the Lessor for any of the uses specifically itemized in
Schedule B hereto. If lessor does not disapprove in writing
any plans and specifications submitted in accordance with
this section within thirty (30) days after the same have been
submitted to lessor, such plans and specifications shall be
deemed to have been approved by lessor. Lessee will in no
event make any alterations, improvements or changes to the
premises that will decrease the value of the premises.
SECTION FOURTEEN: REPAIRS AND DESTRUCTION OF IMPROVEMENTS
(a) Maintenance of improvements. Lessee shall,
throughout the term of this lease, at its own cost, and
without any expense to lessor, keep and maintain ,the
premises, including all alterations, improvements and changes
of, every kind which may be or become a part thereof, and all
appurtenances thereto, in good, sanitary and neat order,
condition and repair,and, except as specifically provided
herein, restore and rehabilitate any improvements of any kind
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which may be destroyed or damaged by fire, casualty, or any
other cause whatsoever. Lessor shall not be obligated to make
any repairs, replacements, or renewals of any kind, nature or
description whatsoever to the demised premises or any
improvements thereon. Lessee shall also comply with and abide
by all federal, state, county. municipal and other
governmental statutes, ordinances, laws and regulations
affecting the demised premises, the improvements thereon or
any activity or condition on or in such premises.
(b) Damage to and destruction of improvements. The
damage, destruction or partial destruction of any alteration,
improvement or change which is or may become a part of the
demised premises shall not release lessee from any obligation
hereunder, except as hereinafter expressly provided, and in
case of damage to or destruction of any such alteration,
improvement or change, lessee shall at its own expense
promptly repair and restore the same to a condition as good
or better than that which existed prior to such damage or
destruction. Without limiting such obligations of lessee, it
is agreed that the proceeds of any insurance covering such
damage or destruction shall be made available to lessee for
such repair or replacement.
(c) Damage or destruction occurring toward end of term.
Anything to the contrary in the immediately preceding
paragraphs (a) and (b) of this Section Fourteen
notwithstanding, in case of the substantial or total
destruction of any alterations, improvements or changes on
the premises occurring within the last year of the term
hereof, lessee, if not then in default hereunder, may elect
to terminate this lease by written notice served on lessor
within thirty (30) days of such destruction. In the event of
such termination, there shall be no obligation on the part of
lessee to make repairs, nor any right on the part of lessee
to receive any proceeds collected under any insurance
policies covering such destruction.
(d) Election not to terminate. If, in the event of such
destruction during the last year of the term hereof, lessee
does not elect to terminate this lease, the proceeds of all
insurance covering such destruction shall be made available
to lessee for such repair or replacement, and lessee shall be
obliged to make such repair or replacement as hereinabove
provided.
SECTION FIFTEEN: UTILITIES AND MAINTENANCE
Lessee shall, at its own expense, fully and promptly
provide and pay for all water, gas, heat, light, power,
telephone service, and other public utilities of every kind
which lessee deems necessary and proper to its intended uses
of the demised premises, or which any law deems necessary and
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proper to such uses. Lessee shall, at its own expense,
provide and pay for such utilities throughout the term
hereof, and all other costs and expenses of every kind
whatsoever of or in connection with the use, operation and
maintenance of the premises and all activities conducted
thereon, and lessor shall have no responsibility of any kind
for any of the foregoing matters. Lessee shall, at its own
expense, undertake all matters of routine maintenance of the
demised premises, and shall not permit the same to
deteriorate or to fall into an unsafe, unsanitary or
unsightly condition. "Matters of routine maintenance" shall
include, without limitation, landscaping and maintenance,
rubbish and trash removal, grass-cutting, leaf-raking, snow-
plowing, and necessary and proper repair work.
SECTION SIXTEEN: LIENS
(a) Lessee's duty to keep premises free of liens. Lessee
shall keep all of the premises and every part thereof, and
all alterations, buildings, improvements and changes at any
time located thereon, free and clear of any and all
mechanics' , materialmen's, and other liens for or arising out
of or in connection with work or labor done, services
performed, or materials and appliances used or furnished for
or in connection with any operations of lessee, any
alteration, improvement, or repairs or additions which lessee
may make or permit or caused to be made, or any work or
construction, by, for, or permitted by lessee on or about the
premises, or any obligations of any kind incurred by lessee.
Lessee shall at all times promptly and fully pay and
discharge any and all claims on which any such lien may or
could be based, and lessee shall indemnify lessor and all of
the premises, and all alterations, buildings, improvements
and changes at any time located thereon, against all such
liens, claims of liens, suits or other proceedings pertaining
thereto. Lessee shall give lessor written notice no less than
thirty (30) days in advance of the commencement of any
construction, alteration, addition, improvement or repair
estimated to cost in excess of One Thousand ($1, 000.00)
Dollars in order that lessor may post appropriate notices of
lessor's non-responsibility.
(b) Contesting liens. If lessee desires to contest any
such lien, it shall notify lessor of its intention to do so
within seven (7) business days after the filing of such lien.
In such case, and provided that lessee shall on demand
protect lessor by a good and sufficient surety bond against
any such lien and any cost, liability or damage arising out
of such contest, lessee shall not be in default hereunder
until sixty (60) days after the final determination of the
validity of such lien, within which time lessee shall satisfy
and discharge such lien to the extent held valid; but the
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satisfaction and discharge of any such lien shall not, in any
case, be delayed until execution is had on any judgment
rendered thereon, and such delay shall be a default of lessee
hereunder. In the event of any such contest, lessee shall
protect and indemnify lessor against all loss, expense, and
damage resulting therefrom.
SECTION SEVENTEEN: INDEMNIFICATION OF LESSOR
Lessor shall not be liable for any loss, injury, death
or damage to persons or property which at any time may be
suffered or sustained by lessee or by any person whosoever
may at any time be using or occupying or visiting the demised
premises, or be in, on, or about the same, whether such loss,
injury, death or damage shall be caused by or in any way
result from or arise out of any act, omission, or negligence
of lessee, its agents, employees or servants, or of any
subtenant, occupant, visitor or user of any portion of the
premises, or shall result from or be caused by any other
mattter or thing, whether of the same kind as or of a
different kind than the matters or things above set forth;
and lessee shall indemnify and hold harmless the lessor
against all claims, liability, loss or damage whatsoever on
account of any such loss, injury, death or damage. Lessee
hereby waives all claims against lessor for damages to any
alterations, buildings, improvements, structures or changes
that are now on, or may hereafter be placed in or upon, the
demised premises, and to the property of the lessee in and
about the same, and for injuries to persons or property in or
about the premises, from any cause arising at any time. In
the event that any claim is made against the lessor on
account of any alleged loss, injury, death or damage as
described hereinabove, the lessee shall, at its own expense,
forthwith assume the defense of such claim upon receipt of
written notice thereof from lessor. The three (3) preceeding
sentences shall not apply to loss, injury, death or damage
arising by reason of the actual negligence or misconduct of
the lessor, its agents or employees.
SECTION EIGHTEEN: ATTORNEY'S FEES
If any action at law or in equity shall be brought to
recover any rent under this lease, or for or on account of
any breach of, or to enforce or interpret, any of the
covenants, terms, or conditions of this lease, or for the
recovery of the demised premises, the prevailing party shall
be entitled to recover from the other party its costs of such
action, specifically including reasonable attorney' s fees;
the amount of such attorney's fees shall be fixed by the
Court and shall be made a part of any judgment or decree
rendered thereby.
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SECTION NINETEEN: OPTION TO RENEW
Lessor grants to lessee, subject to the conditions set
forth below, the right and option to renew this lease for a
period of ninety-nine (99) years, beginning on August 1 r
2091 and expiring on August 1 , 2190, at a rental
determined as provided above, and otherwise subject to and on
all of the terms and conditions herein contained. This option
must be exercised by the giving to lessor, on or before
January 2, 2090, a written notice of the exercise thereof by
lessee, but lessee shall in no event be entitled to renew the
term hereof, even though such notice be timely given, unless
lessee shall have timely performed all of its obligations
hereunder, and shall not be in default in the performance of
any thereof, on the date of the expiration of the initial
term hereof.
SECTION TWENTY: REDELIVERY OF PREMISES
Lessee shall pay the rent and all other sums required to
be paid by lessee in the amounts, at the times, and in the
manner herein provided, and shall keep and perform all the
terms and conditions hereof on its part to be kept and
performed, and, at the expiration or sooner termination of
this lease, peaceably and quietly quit and surrender to
lessor the premises in good order and condition subject to
the other provisions of this lease. In the event of the non-
performance by lessee of any of the covenants of lessee
undertaken herein, this lease may be terminated as herein
provided.
SECTION TWENTY-ONE: REMEDIES CUMULATIVE
All remedies hereinbefore and hereinafter conferred on
lessor shall be deemed cumulative and no one exclusive of the
other, or of any other remedy conferred by law.
SECTION TWENTY-TWO: INSURANCE
(a) Personal Injury Liability Insurance. Lessee shall
maintain in effect throughout the term of this lease, and at
lessee's sole expense, personal injury liability insurance
covering the premises, its appurtenances and sidewalks
fronting thereon in an amount to be agreed upon by and
between the parties hereto at on or before the execution
hereof. Such insurance shall specifically insure lessee
against all liability assumed by it hereunder, as well as
liability imposed by law, and shall insure both lessor and
lessee, but shall be so endorsed as to create the same
liability on the part of the insurer as though separate
policies had been written for lessor and lessee. Lessee
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shall, upon demand, furnish lessor with proof of such
insurance.
(b) Self-insurance. Lessee may discharge its obligations
as defined in part (a) of this Section Twenty-Two by
presenting to lessor, on or before the execution hereof,
evidence of sufficient self-insurance to cover and discharge
any liabilities and claims which would otherwise be covered
and discharged by policies of insurance as described in said
parts (a) and (b) .
SECTION TWENTY-THREE: NOTICE OF DEFAULT
Except as to the provisions of Section Eleven hereof,
lessee shall not be deemed to be in default hereunder in the
payment of rent or the payment of any other moneys as herein
required or in the furnishing of any bond or insurance policy
when required herein or in the performance of any other
obligation hereunder, unless lessor shall first give to
lessee thirty (30) days' written notice of such default and
lessee fails to cure such default within such thirty (30)
days, or, if the default is of such a nature that it cannot
be cured within thirty (30) days, lessee fails to commence to
cure such default within such thirty (30) days or fails
thereafter to proceed to the curing of such default with all
possible diligence and speed.
SECTION TWENTY-FOUR: DEFAULT
In the event of any breach of this lease by lessee, the
lessor, in addition to the other rights or remedies it may
have, shall have the immediate right of re-entry and may
remove all persons and property from the premises; such
property may be removed and stored in a public warehouse or
elsewhere at the sole cost of, and for the account of, the
lessee. Should lessor elect to re-enter, as herein provided,
or should it take possession pursuant to legal proceedings or
pursuant to any notice provided for by law, lessor may either
terminate this lease or it may from time to ,time, withyout
terminating this lease, re-let the demised premises or any
part thereof for such term or terms (which may be for a term
extending beyond the term of this lease) and at such rental
or rentals and on such other terms and conditions as the
lessor in its sole discretion may deem advisable with the
right to make alterations ands repairs to the demised
premises. On each such re-letting, lessee shall be
immediately liable to pay to lessor, in addition to any
indebtedness other than rent due hereunder, the expenses of
such re-letting and of such alterations and repairs, incurred
by lessor, and the entire amount, if any, by which the rent
reserved in this lease for the period of such re-letting (up
to but not beyond the term of this lease) exceeds the amount
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agreed to be paid as rent for the demised premises for such
period on such re-letting. No such re-entry or taking
possession of the demised premises by lessor shall be
construed as an election on the part of lessor to terminate
this lease unless a written notice of such intent to
terminate this lease is given to lessee, or unless the
termination of this lease is decreed by a Court of competent
jurisdiction. Notwithstanding any such re-letting without
termination, lessor may at any time thereafter elect to
terminate this lease for such previous breach. Should lessor
at any time terminate this lease for any breach, in addition
to any other remedy it may have, lessor may recover from
lessee all damages incurred by reason of such breach,
including the cost of recovering the premises, and including
the worth at the time of such termination of the excess, if
any, of the amount of rent and charges equivalent to rent
reserved in this lease for the remainder of the stated term
over the then reasonable rental value of the premises for the
remainder of the stated term, all of which amounts shall be
immediately due and payable from lessee to lessor.
SECTION TWENTY-FIVE: LESSOR'S RIGHT TO PERFORM
In the event that lessee by failing or neglecting to do
or perform any act or thing herein provided by it to be done
or performed, shall be in default hereunder and such failure
shall continue for a period of thirty (30) days after written
notice specifying the nature of the act or thing to be done
or performed, then the lessor may, but shall not be required
to, do or perform or cause to be done or performed such act
or thing (entering on the demised premises if lessor shall so
elect) , and lessor shall not be or be held liable or in any
way responsible for any loss, inconvenience, annoyance, or
damage resulting to lessee on account thereof, and lessee
shall repay to lessor on demand the entire expense thereof,
including compensation to agents, employees and attorneys of
lessor. Any act or thing done by lessor pursuant to the
provisions of this section shall not be or be construed as a
waiver of any such default by lessee, or as a waiver of any
covenant, term or condition herein contained or the
performance thereof, or any other right or remedy of lessor,
hereunder or otherwise.
SECTION TWENTY-SIX: LESSEE'S OPTION TO TERMINATE
Lessee shall have the right at any time, by written
notice to lessor given at least ninety (90) days in advance,
to terminate this lease and surrender its leasehold interest
hereunder to lessor. Upon such termination, the lessee shall
deliver possession of the demised premises to lessor;
however, any liability incurred by lessee hereunder prior to
such termination shall not be discharged by such termination,
but shall continue to be the responsibility of lessee until
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fully and completely discharged.
SECTION TWENTY-SEVEN: SURRENDER OF LEASE
The voluntary or other surrender of this lease by
lessee, or a mutual cancellation thereof, shall not work a
merger, and shall, at the option of the lessor, terminate all
or any existing subleases or subtenancies, or may, at the
option of the lessor, operation as an assignment to it of any
or all such subleases or subtenancies.
SECTION TWENTY-EIGHT: DISPOSITION OF IMPROVEMENTS ON
TERMINATION OF LEASE
on termination of this lease, the lessee shall remove
any and all alterations, buildings, improvements, structures
or changes on the demised premises, unless otherwise
expressly agreed to in a writing signed by both parties
hereto. If the lessee shall fail to remove such alterations,
buildings, improvements, structures or changes within ninety
(90) days next after the termination of this lease, the
lessor shall have the right to dispose of the same.
SECTION TWENTY-NINE: TRANSFER OF SECURITY
If any security is given by lessee to secure the
faithful performance of all or any of the covenants of this
lease on the part of the lessee, the lessor may transfer or
deliver the security, as such, to the purchaser of the
reversion, in the event that the reversion is sold, and
thereupon lessor shall be discharged from any further
liability in reference thereto.
SECTION THIRTY: WAIVER
The waiver by lessor of, of the failure of lessor to
take any action with respect to, any breach of any term,
covenant, or condition herein contained shall not be deemed
to be a waiver of such term, covenant, or condition, or
subsequent breach of the same, or any other covenant, term or
condition therein contained. The subsequent acceptance of
rent hereunder by lessor shall not be deemed to be a waiver
of any preceding breach by lessee of any term, covenant or
condition of this lease, other than the failure of lessee to
pay the particular rental so accepted, regardless of lessor's
knowledge of such preceding breach at the time of acceptance
of such rent.
12
SECTION THIRTY-ONE: EFFECT OF LESSEE'S HOLDING OVER
Any holding over after the expiration of the term of
this lease, with consent of lessor, shall be construed to be
a tenancy at will, from month to month, at the same monthly
rental as required to be paid by the lessee for the period
immediately prior to the expiration of the term hereof, and
shall otherwise be on the terms and conditions herein
specified, so far as applicable.
SECTION THIRTY-TWO: PARTIES BOUND
The covenants and conditions herein contained shall,
subject to the provisions as to assignment, transfer and
subletting, apply to and bind the heirs, successors,
executors, administrators, and assigns of the parties hereto.
SECTION THIRTY-THREE: TIME OF THE ESSENCE
Time is of the essence of this lease, and of each and
every covenant, term, condition and provision hereof.
SECTION THIRTY-FOUR: CAPTIONS
The section captions appearing with the section numbers
of this lease are for convenience only and are not a part of
this lease and do not in any way limit or amplify the terms
and provisions of this lease.
IN WITNESS WHEREOF, the parties have executed this lease
at Salem, Massachusetts on the day and year first above
written.
William Luste ,Chairman evi T. Daly, Cit
Salem Redevel t Authority Solicitor
I
Stephen ' sson, hairman,
Salem Housing Authority
13
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS.
Then personally appeared the above named William Luster,
Chairman, Salem Redevelopment Authority and acknowledged this
instrument to be his free act and deed before me,
Notary Public
My commission expires:
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS.
Then personally appeared the above named Stephen Zisson,
Chairman, Salem Housing Authority and acknowledged this instrument
to be his free act and deed before me,
TiHary c
My ConuWissibn Expir
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS.
Then personally appeared the above named Kevin T. Daly, City
Solicitor and acknowledged this instrument to be his free act and
deed before me, A 011
Notary 1 '
My Commission Expires-
1
INDEX
SEC. ONE: DEMISE, DESCRIPTION AND USE OF PREMISES . . . . . . . . 1.
SEC. TWO: TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.
SEC. THREE: RENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.
SEC. FOUR: WARRANTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.
SEC. FIVE: DELIVERY OF POSSESSION . . . . . . . . . . . . . . . . . . . . . . . . 2.
SEC. SIX: USES PROHIBITED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.
SEC. SEVEN: WASTE & NUISANCE PROHIBITED; COVENANT
OF NON-INTERFERENCE; PROHIBITED CONDUCT . . . . . . 2.
SEC. EIGHT: ABANDONMENT OF PREMISES; REVERSION . . . . . . . . . . . 3.
SEC. NINE: LESSOR'S RIGHT OF ENTRY 4.
SEC. TEN: NO ENCUMBRANCE OF LEASEHOLD INTEREST . . . . . . . . . . . 4.
SEC. ELEVEN: SUBLETTING AND ASSIGNMENT . . . . . . . . . . . . . . . . . . . 4 .
SEC. TWELVE: NOTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.
SEC. THIRTEEN: CONSTRUCTION OF IMPROVEMENTS . . . . . . . . . . . . . . 5.
SEC. FOURTEEN: REPAIRS AND DESTRUCTION OF IMPROVEMENTS . . . 5.
SEC. FIFTEEN: UTILITIES AND MAINTENANCE . . . . . . . . . . . . . . . . . . 6.
SEC. SIXTEEN: LIENS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.
SEC. SEVENTEEN: INDEMNIFICATION OF LESSOR . . . . . . . . . . . . . . . . 8.
SEC. EIGHTEEN: ATTORNEY'S FEES . . . . . . . . . . . . . . . . . . . . . . . . . . . 8.
SEC. NINETEEN: OPTION TO RENEW . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.
SEC. TWENTY: REDELIVERY OF PREMISES . . . . . . . . . . . . . . . . . . . . . . 9.
SEC. TWENTY-ONE: REMEDIES CUMULATIVE . . . . . . . . . . . . . . . . . . . . . 9.
SEC. TWENTY-TWO: INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.
SEC. TWENTY-THREE: NOTICE OF DEFAULT . . . . . . . . . . . . . . . . . . . . 10.
SEC. TWENTY-FOUR: DEFAULT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.
SEC. TWENTY-FIVE: LESSOR'S RIGHT TO PERFORM . . . . . . . . . . . . . 11.
SEC. TWENTY-SIX: LESSEE' S OPTION TO TERMINATE . . . . . . . . . . . 11.
SEC. TWENTY-SEVEN: SURRENDER OF LEASE . . . . . . . . . . . . . . . . . . . 12 .
SEC. TWENTY-EIGHT: DISPOSITION OF IMPROVEMENTS
ON TERMINATION OF LEASE . . . . . . . . . . . . . . 12 .
SEC. TWENTY-NINE: TRANSFER OF SECURITY . . . . . . . . . . . . . . . . . . 12 .
SEC. THIRTY: WAIVER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 .
SEC. THIRTY-ONE: EFFECT OF LESSEE'S HOLDING OVER . . . . . . . . 13 .
SEC. THIRTY-TWO: PARTIES BOUND . . . . . . . . . . . . . . . . . . . . . . . . . . 13 .
SEC. THIRTY-THREE: TIME OF THE ESSENCE . . . . . . . . . . . . . . . . . . 13 .
SEC. THIRTY-FOUR: CAPTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 .
14
tt1EIIUStYt$ 1xh II>•ltT STEPHEN ZISSON,Chairman
27 Charter Street DOMINIC R.MARRAFFA,Vice Chairman
Salem,.Massachusetts 01970-3699
MILLICENT LIPSETT,Second Vice Chairman
WILLIAM J.FARRELL.Treasurer
ax (508) 744-9614 tit _ jps
GEORGE A.AUBERTIN, Treasurer
Asst.Trearer
State Programs (508) 744-4431
Federal Programs (508) 745-1866 ELAYNE M.HART, Executive Director,Secretary
TDD/Voice
RESOLUTION
The following resolution was introduced by the Chairman,
Stephen Zisson, read in full, and considered:
to enter into the lease of the Charter St. park
by the Salem Housing Authority to the City
for a period of ninety-nine years with a renewal
option of ninety-nine years at a lease price of $1. 00.
Dominic R. Marraffa moved that the foregoing resolution be
adopted as introduced and read, which motion was seconded by
Millicent Lipsett, and upon a roll call the "Ayes" and "Nays"
were as follows:
AYES NAYS
Stephen Zisson
Dominic R. Marraffa
Millicent Lipsett
The Chairman thereupon declared the motion carried and said
resolution adopted.
There being no further business to come before the board upon
motion duly made and seconded, the meeting adjourned.
HUD-9014
( 11-68 )
ZIICITIQU$Ilt� �j(t�[TLjtt? STEPHEN S �CUNIpI;��
27 Charter Street DOMINIC R_MARRAFFA,Vice Chairman
Salem, Massachusetts 01970-3699 MILLICENT LIPSETT,Second Vice Chairman "
ax (508) 744-9614 WILLIAM J. FARRELL,Treasurer
State Programs (508) 744-4431 GEORGE A AueERnN,Asst.treasurer
Federal Programs (508) 745-1866 ELAYNE M.HART, Execuroe Director,Secretary
TDD/Voice
EXTRACT FROM MINUTES
EXTRACT FROM THE MINUTES OF A SPECIAL -
MEETING OF THE BOARD MEMBERS OF THE
SALEM HOUSING AUTHORITY HELD ON THE
12TH DAY OF MARCH, 1992
The BOARD MEMBERS of the SALEM HOUSING AUTHORITY met in a .
SPECIAL meeting at 27 Charter Street in the city of Salem, MA
on TUESDAY, MARCH 12, 1992 at 10: 00 A.M. at the place, hour,
and date duly established for the holding of such meeting.
The Chairman called the meeting to order and upon a roll
call, the following answered present:
Stephen Zisson
Dominic R. Marraffa
Millicent Lipsett
George A. Aubertin (Late)
and the following were absent:
William J. Farrell
The Chairman declared a quorum present.
HUD-9012
( 11-68 )
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ito
SALEM REDEVELOPMENT AUTHORITY, a body .politic and corpo-
rate , organized and existing under the laws of the Commonwealth of
Massachusetts, and having its usual place ofibusiness in Salem,
Essex County, Massachusetts, (hereinafter referred to as "Grantor's
:
for and in consideration of Sixty-Eight Thousand .Two Hundred
($68 , 200 . 00) Dollars.,, .paid GRANTS to the SALEM_ HOUSING AUTHORITY ,
a body politic, organized and existing under thelawsof the
Commonwealth of Massachusetts, having its office at 16A Rainbow
Terrace,
Salem, Essex. County, Massachusetts, (hereinafter referred
to as "Grantee") , with QUITCLAIM COVENANTS the following described
parcels of land, (hereinafter referred to as the "Property" ) :
PARCEL I :
Land in Salem, being shown as Parcel RC-18 on a plan entitled,
"Property Plan Project No. Mass. R-95 Heritage Plaza East ,
Salem Redevelopment Authority, Salem,,:Mass.1 Scale: 1
May 25, 1972, Whitman & Howard, Inc. , Engineers and Architects"
to be recorded herewith, bounded and described as follows :
EASTERLY by land of the Salem Redevelopment Authority, j
formerly Liberty Street; .sixty-two and 7/100
(62. 07) feet;
SOUTHERLY by land now or formerly of the ,City of Salem,
one hundred fourteen and 71/100 (114 .71) feet;
WESTERLY by land now or formerly of the City of Salem,
fifty-six and 39/100 (56'. 39) feet;
NORTHERLY by land now or formerly of the Salem Redevelop-
ment Authority and land now or formerly of Budros
one hundred fifteen and 33/100 (115. 33) feet.
Containing 6 ,802 square feet of land according to said plan.
p 1F. i�11iy1,�tp1^�{IF PARCEL II:
:,.>.Land in'.:;Salem,::•:being;.shown as .Parcel RC-20 ,omsa plan ;entitled,
"Prop erty `P1aIn Project No % Mass:' R 95 Heritage Plaza East,
i . Salem Redevelopment Authority,. Salem, Mass. , 1Scale: 1" 20' ,
., AI �r� { .:
V. I April 13 , 1972 , Whitman & Howard, Inc. ; Engineers and Archi-
' tects" to be recorded herewith, bounded and described as
I I1W11I , lI, follows:
0 / by by land of'the, Salem Redevelopment Authority,
a� willl formerly Liberty Street;--nreety- three and 5/100
w^ �"IT (93.05) feet;
gNORTHERLY by Charter Street, on . five (5) courses, a total
-Zdistance of two hundred eighty-one and 66/100
O (281. 66) feet;
X70 EASTERLY by land now or formerly of Pocharski and land
now or formerly of Weinstein, eighty and 33/100
31. (80. 33) feet;
ISA lllii U�
tj
94
OW
'Lfir.'. .•'4 I
-3-
and its successors, assigns , grantees, and lessees forever to
these covenants and conditions which covenants and conditions are
as follows :
FIRST: The Grantee shall devote the property to , and only
to and in accordance with, the uses specified in the Urban Renewal
Plan, as the same may hereinafter be amended and extended from tim
to time, in accordance with the regulations 'in .the Urban Renewal
Plan dated March 2, 1972;
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 improve-
ments erected or to be erected thereon, or any part thereof;
THIRD: The Grantee shall redevelop the property by the
construction thereon of an elderly housing project (hereinafter
called collectively the "Improvements" ) , said .construction to
begin at once and shall diligently proceed and complete such con-
struction within twenty-four (24) months from this date.
FOURTH: The Grantee, prior to the proper completion 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
or interest therein, or (b) any agreement to do any. of the fore-
going, without the prior written approval of the Grantor.
These agreements and covenants shall be covenants running
with the land and 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 Iand 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
--- --
t
-4-
successors and assigns , and every successor in interest to the
property, or any part thereof or any interest therein.
The covenants and agreements contained in the covenant
numbered FIRST shall terminate on March 23, 2012.
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 FOURTH shall terminate on the date the Grantor
issues the Certificate of Completion as herein provided.
The Grantor shall be deemed a beneficiary of covenants
numbered FIRST through FOURTH, and the United States shall be
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 o`f 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
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 en£itled.
Promptly after the completion of the improvements in accor-
dance with the provisions of the Agreement and this Deeds the
Grantor shall furnish the Grantee with an appropriate 'instrument
so certifying, such certification by the Grantor ,shall be a con-
clusive determination of natisfaotionµand= termination a£ the agree
ments and covenants in the Agreement and in the Deed with respect
to the obligations of the Grantee to construct the improvements
7 }
.�............ ......... ........... ..:u..q:.nwnr.lrn.w+.inn..n...-.ey..prunsw.Y.r....�.......,., i..
-5-
and the dates for the beginning and completion thereof. All certi
fications provided for in this Deed shall be in such form as will
enable them to be recorded with the Clerk of the Registry of Deeds
for the County of Essex, Massachusetts .
In the event of any default under or breach of any of the
conditions, agreements or covenants by either party, hereto, or an
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 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 party may insti-
tute such proceedings as may be necessary or desirable in its
i
opinion to cure or remedy such default or breach or to obtain
damages therefor, including but not limited to proceedings to com-
pel specific performance by the party in default or breach of its
obligations.
WITNESS the execution hereof under seal this AK day of
VGI"�L{t 1973 .
AT // SALEM REDEVELOPMENT AUTHORITY
BY
I WILLIAM J. TI I CHAIP44AN
i ATTEST: SALEM HOUSING AUTHORITY
BY
airman
COMMONWEALTH_ OF MASSACHUSETTS
Essex, ss. 1� 1973
Then personally appeared the above4,named William J, Tinti,
Chairman, and acknowledged the foregoing instrument to be the free
act and deed of Salem Redevelopment A,21y, V,
t' ORGE P. VALUI
NOTARY PUdL!C
MY COMMISSION EXPIRE!:
DEC. 18. 197P
r,ssEX SS. RECORDED 1973. �M. PAST L/ M. INST. #6
1 fiwl
1 y1r y{ n 5 { 1
f
EX3IErm _
III
Maggie
Smith and James Cutler's joint work
combines the best of art and landscape
architecture . . . The design is a superb solution —
wonderfully executed. "
Pallas Lombardi
Director of Public Art
Cambridge Arts Council
Competition Juror
Stuart O. Dawson
FASLA, Sasaki Associates
Competition Juror
THE MEMORIAL
L1692 in Salem, then part of the Massachusetts Bay Colony, hundreds of people were
accused of practicing witchcraft. From June 10 to September 22 of that year, nineteen people were
convicted and hanged for the crime of witchcraft, and one person was pressed to death for refusing
to enter a court plea. Since that time, the Salem Witch Trials have continued to intrigue and inspire
historians, writers and experts in professional fields such as law and medicine. Advocates of civil
rights and human tolerance use the events of 1692 as a yardstick to measure the depth of civility
and due process in contemporary society.
The Salem Witch Trials Tercentenary Committee, established by the Mayor of the City of Salem
on April 22, 1986,is charged with preparing for the observance of the 300th anniversary of the Salem
Witch Trials in 1992. The centerpiece of this commemoration will be the dedication of a permanent
memorial to those who were victimized in the 1692 witch hysteria and to serve as a reminder that
among all people and nations a spirit of tolerance and understanding should prevail.
The memorial was selected through a public competition juried by five noted professionals in
the fields of fine art, art in public places, city planning, landscape architecture and history. In response
to a call for design issued to graduate schools in art, major newspapers, trade publications in art
and architecture, and other appropriate venues throughout the world, over one thousand competi-
tion programs were internationally distributed. Two hundred and forty six entrants each submitted
designs accompanied by a fee of $50.00 in late summer 1991.
The jury met in September to select three finalists who subsequently received $500.00 each to con-
struct models of their designs. The winning design, powerful in its simplicity, was chosen by the
jurors' unanimous vote in November and presented to members of the international press and the
public by playwright Arthur Miller on November 14, 1991. The landscape design incorporates multiple
elements of stone and natural vegetation to symbolically represent the social undifference to the
persecutions that were taking place in Salem in 1692. Actual quotes from the victims are inscribed
the dates of their deaths.
in stone, as are their names and t, _
The cost for building `� w the memorial
will be $100,000
Te site of theT•1. f permanent memorial to
the victims of the Salem Witch Trials lies in the center of Salem's
$18 million historic redevelopment project. It will create the crucial link between the
Armory Building (home of the city's new visitor center) and Salem's renowned waterfront. On the
west and south, the land abuts the Charter Street Burying Point where lies John Hathorne, magistrate
of the Witch Trials Court, and several other important 17th and early 18th century graves. To the
north of the.site lies the Goult-Pickman House, a 17th century structure owned by the Peabody
Museum of Salem. Next door to this house lies the Peabody Museum, originally the East India Marine
Society, which contains a vast collection of marine models and art, export china and artifacts
carried back from foreign ports by Salem sea captains. One block away is the Essex Institute, which
contains many of the documents connected with the Salem Witch Trials. Adjacent to the Essex
Institute, the National Park Service has its visitor center, while down the street from the memorial
site the Salem Maritime National Historic Site faces Salem harbor, scene of the city's prosperous
shipping history. Nearby, the Salem Witch Museum illuminates the Witch Trials in an audio-visual
presentation. In all, this area of Salem is visited annually by more than 400,000 tourists. The perma-
nent memorial is the embodiment of the lessons of tolerance and mutual understanding that will
become the legacy of the Tercentenary commemoration.
• I
aSALEM EVENING NEWS November 15, 1991
CYRUSJ.NEWOEGIN.PoblieherlEditur NEISO
OUR VIEW...................................... �r
I � o
New witch memorial a ----
recalls human suffering - --
Designers James Culler and Maggie Smith say they were
inspired by the Vietnam Memorial in Washington,D.G,where
visitors are moved,often to tears,as they read the names in the
shiny black surface. ! r
A walk through their Salem memorial to the 20 innocent
people hanged as witches here 300 years ago should also give '
one pause to ren ect on the tragedy that intrudes on everyone's
life and every nation's history.
Organizers of the Salem Witch Trials Tercentary no doubt
hope the memorial,which is scheduled to be completed next -
June,will draw large numbers of tourists to Salem in 1992and
for years afterward.And its location—on the pathway from the
Salem Armory,where the new "'�E '�T�'
It's impo[lant people National Park Service visitor
center will be located,to the
think about the real city's waterfront—is ideal.
human suffering caused The less savory aspects of
b the witchcraft witchcraft will always be
Y draw and the
hysteria and the lessons commercialization of Salem's
that we to be learned association with the witch
hysteria is now so intertwined
from that dark period in with the city's image,its
the history of this cityeconomy and its history,not r
even Arthur Miller can do
and this country. anything about it now.
But once here,it's
important people think about the real human suffering caused ,
by the witchcraft hysteria and the lessons that are to be learned
from that dark period in the history of this city and this country.
As Miller pointed out in his remarks at the Essex institute
last week,there is much to inspire us from the story of these 20
men and women who chose to die rather than to confess to i,'4-:".'4-:"� r
something they didn't do and couldn't believe in—that they
had given possession of themselves to the devil.
It's a story of great personal courage,and that will come
through,we thinks,in the words one reads engraved on the
tablets in the Witch Trials Memorial and the spirit invoked by
the stone wall,the locust trees of the type from which the THE NEW YORK TIMES, THURSDAY, JANUARY 9, 1992
victims of the hysteria were hanged,and the pathway leading
into the ancient Charter Street cemetery in which John
Hathorne,the
and Smith, ng
uailfro buried. Lest Terror Be Forgotten II,
Cutler and Smith,who hail[tom the state of Washington,
have come up with a masterpiece worthy of Miller's"The
Crucible"and the brave victims of ignorance who were the HREE hundred years about$100,000.
heroes oft the
1950s. ago reflection on the McCarthy witch Tago in Salem,Mass.,14 The design includes stone
hunts oflhe early 1950s.
women and 6 men,ac- pavement etched with pro-
Nelson K.Benton III,Managing Editor cused of being witches,were tests of innocence by the ac-
tried,convicted and execut- cused,and 20 granite benches
ed.Nineteen were hanged. doubling as tombstones for
One was crushed by stones. them.
Last summer,the Salem "On each bench is in-
Witch Trials Tercentenary scribed the name,age,date
Committee sponsored a de- and manner of execution of
sign competition for a memo- one of the 20 put to death,"
t.... :, rial to the 20 that would serve Mr.Cutler said.He noted that
as a cautionary reminder of the victims,who were buried
the hysteria that led to their elsewhere in shallow un-
Id�'I-A£� , • deaths.The site is the Char- marked graves,never re-
AV' t ;y L `t s «, ter Street Cemetery in Sa- ceived tombstones.
" ''• ' lem,where some of the "The tombstones loom
judges who presided over the over the site of the memorial
trials are buried,but none of as if they were silent,deaf
the victims. watchers,"he said.
-y # In November,the architec- The words on the pavement
tural firm of James Cutler in are taken from court records.
Bainbridge Island,Wash., Eight black locust trees will
and Maggie Smith,a sculptor also serve as symbolic re-
there,won the competition. minders: "The victims were
The memorial,to be complet- hung from that kind of tree,"
ed this summer,will cost Mr.Cutler said
R :•
The Honorary Memorial Committee
The Honorable William Weld, Governor of Massachusetts
U.S. Senator Edward Kennedy
U.S. Senator John Kerry
U.S. Congressman Nicholas Mavroules
Dr. Joan Wallace-Benjamin
Mrs. Nancy Bush Ellis
Mr. Steven Grossman
Dr. Nancy Harrington
The Honorable William Saltonstall
Salem Witch Trials Tercentenary Committee
Executive Committee
Anne Farnam, Co-Chair
John McHale, Co-Chair
Joan Bacall, Secretary-Treasurer*
Annie Clay Harris
Patricia MacLeod
Executive Director
Linda C. McConchie
Alison D'Amario Peter LaChapelle
Beth Debski Peter McSwiggin
Ellen DiGeronimo Carol Manley
PJoan Gormally Bruce P. Michaud
William Guenther** Ira Schlosser
Edith Harmon David Shea
Kevin Harvey Lucinda Kidder Wilkins
Patricia Zaido
We honor the memory of the late Anne Farnam, Co-Chair of the Committee from 1986 until her death in 1991.
Tercentenary Memorial Committee
Patricia MacLeod, Co-Chair
Annie Clay Harris, Co-Chair
Alison D'Amario, Competition Manager
George Aubertine
Deborah Hilbert
Julie Reimeinschneider
Robert Weis
Peter McSwiggen
*Joan Bacall co-chairs the newly formed Installation Committee to continue with fund raising efforts and oversee construction
of the memorial.
**William Guenther chairs our Development Committee.
j¢ 2V5124*
'
`VYp
J C
SALEM WITCH TRIALS TERCENTENARY
P.O. Box 8410 Salem, Massachusetts 01971
(508) 745-9595
SALEM WITCH TRIALS TERCENTENARY MEMORIAL
Artists' Interpretation
The Salem Witch Trials Tercentenary Memorial is designed to be a pensive environ-
ment that uses aspects of the events of 1692 to describe the nature and character of injustice.
The site is enclosed by a four foot high dry set granite wall that steps down to be flush
with the pedestrian walk to the east. To enter the memorial one walks across a course of
stone upon which are inscribed the actual protests of innocence of the accused persons. These
protests are literally cut off in mid-sentence as they are covered by the granite wall.
As one looks west across the grass surface of the park one sees the gravestones of the
cemetery through the bars of an iron fence that fills in the opening in the end of the wall.
On the north and south sides of the park there will be twenty granite benches cantilevered
from the walls. On each of the benches will be inscribed the name of an accused person
and the means and date of his/her execution.
The ground in the center of the site will be lowered to visually raise the gravestones
beyond. On either side of this depression black locust trees will be planted that will serve
to further focus views to the gravestones. Between the trees and the wall will be a gravel
path that will allow visitors to observe and use the benches.
The Winning Design Team
Award winning, multi-media artist Maggie Smith of Bainbridge Island, Washington,
received her BA in fine arts from the University of Delaware and her MFA from Indiana
State University. Ms. Smith has been artist in residence at a variety of schools and workshops,
most recently at Artists Unlimited in Seattle, Washington. Her work has been exhibited in
over a dozen shows in Washington and New York. She was the recipient of the Benjamin
Blumberg Memorial Fund Award for study in Japan and the Sculpture Award, Indian Art
Museum.
James Cutler received a BA from the University of Pennsylvania, a master of architec-
ture from the University of Pennsylvania as well as Louis Kahn Studio. His academic awards
include the Dale Fellowship, the James Smythe Turner Prize and the Edward Spayd Brook
Medal. Mr. Cutler was a member of the faculty of graduate design department at the Univer-
sity of Washington from 1978 to 1987. He is currently principal of James Cutler Architects
in Bainbridge Island, Washington.
SALEM WITCH TRIALS TERCENTENARY MEMORIAL
Jurors
Stuart O. Dawson, FASLA, Principal, Sasaki Associates, Inc., Watertown, Massachusetts.
"This memorial is a bold reminder in its relative tranquility that tolerance and understanding
should prevail."
After obtaining a Master of Landscape Architecture degree from Harvard Graduate School of Design,
Mr. Dawson joined Sasaki Associates, Inc. in 1957 and became a Principal of the firm in 1962. In addition
to his extensive corporate and institutional experience, Mr. Dawson has participated in the planning and design
of major urban and waterfront developments throughout the United States and abroad. He currently serves
as chair of the firm's Waterfront and Urban Spaces Studio and is director of Landscape Architecture.
Pallas Lombardi, Director of Public Art, Cambridge Arts Council, Cambridge, Massachusetts.
"Our decision was unanimous. The site will be enjoyed by people of all ages, background
and interests."
Ms. Lombardi is a recognized authority in the field of art in public places. In 1980, she joined the Cambridge
Arts Council where she directed Arts On The Line, an award-winning joint venture in public art sponsored
by the Massachusetts Bay Transit Authority. In addition to her duties as Director of Public Art, she is also
the New England regional editor for On View, a national public art publication. Ms. Lombardi has participated
in numerous art juries including competitions sponsored by the National Endowment for the Arts and the
State of Connecticut. She consults on public art projects throughout the country.
Paul J. Master-Karnik, Director, DeCordova and Dana Museum and Park, Lincoln, Massachusetts.
"The selection of the artist/architect team of Smith and Cutler represented the jurors' con-
viction that this memorial should engage the public in a dramatically powerful way, while
creating a meditative environment for the calm reflection of our historical past in the midst
of Salem's urban present.
Mr. Master-Karnik has been director of the DeCordova Museum since 1984. During his directorship, he has
implemented a unique exhibit program which features changing large scale sculpture exhibits by contemporary
American artists. Mr. Master-Karnik has served on the faculties of New York University and Rutgers Univer-
sity and from 1981 to 1984 was the director of the New Jersey Center for the Visual Arts. He is a recent
recipient of the Institute of Museum Services Award for Outstanding Service to the Nation's Museums. He
was awarded a Ph.D. from Rutgers University in 1978.
John W. Galston, A.I.A., A.I.C.P., Managing Partner of Atlantic Asset Management, New York City,
New York.
"The three finalists created solutions which lent great dignity to the importance of the events
of 1692. The winner's solution will provide all visitors with an opportunity to be in touch
with this part of our nation's early history."
From 1968 through 1973, Mr. Galston was the partner-in-charge of Skidmore, Owings and Merrill's
Washington, D.C. office. Subsequently, Mr. Galston founded and was President and Director of Envicon
Development Corporation and Southmark/Envicon Capital Corporation where he was the managing general
partner of numerous real estate ventures. Mr. Galston has been active in community affairs having served
on the Urban Renewal Committee of the American Institute of Architects as well as its Finance and Develop-
ment Task Force. He holds both Bachelor and Master degrees in Architecture and City Planning from Yale
University School of Architecture.
Selma Williams, Author and Historian, Lexington, Massachusetts.
"The simple, moving design chosen for the memorial -from among 246 serious, impressive
entries-envelops the visitor in Puritansim, with its conflicting legacy of courageous opposition
to tyranny and mindless intolerance."
Ms.Williams is a noted authority on early New England history. She has authored several books on the seven-
teenth century including: Kings, Commoners and Colonists:Puritan Politics in Old and New England, 1603
to 1660; Demeter's Daughters: The Women Who Founded America, 1587 to 1787, Riding the Nightmare:
Women and Witchcraft; and Divine Rebel, The Life of Anne Marbury Hutchinson. Ms. Williams lectures
on history,politics, religion, literature and art and has received the Special Citation Award from the Colonial
Dames of America for the Divine Rebel.
1
LEASE AGREEMENT
Between the Salem Housing
Authority and the Salem
Redevelopment Authority
•
LAW Omc¢6 OF
WILLIAM J. LUNDREGAN
JANE T. LUNDREGAN
81 WASHINGTON STREET
SALEM, MA 01970
1-