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i
EXECUTIVE
OFFICE OF
COMMUNITIES &
DEVELOPMENT
William F.Weld, Governor
Argeo Paul Cellucci,Lt. Governor
Mary L.Padula, Cabinet Secretary
0
December 18, 1995
G•
The Honorable Neil J. Harrington %, P /y
City Hall
93 Washington Street
Salem, MA 01970
Dear Mayor Harrington:
Enclosed please find one copy of a signed and executed Grant Agreement between the City of
Salem and the Executive Office of Communities and Development for a Community Development
Action Grant (CDAG), in the amount of $268,559. Please retain this document in the City's
CDAG files.
We look forward to working with the City of Salem.
Sincerel
Timoth an, Manager
Co Development Action Grant Program -"-
Enclosure
. s:\wpMims\salem.fm
+DEC2 11995
._
CITY OF SALEM
MAYOR'S Qh '1Cg
100 Cambridge Street
Boston,Massachusetts 02202-0044
DOC ID: STATE FISCAL YEAR.
a COMMONWEALTH OF MASSACHUSETTS STANDARD CONTRACT - LONG FORM
This Contract has been approved by the Fsecurive Office for Administration and Finance and the Office of the Comptroller
for use by all Commonwealth Departments. Alternative provisions may be made ONLY u specifically authorized herein:
COMMONWEALTH OF MASSACHUSETTS-DEPARTMFN/' OCD Executive Office of Communities and Development
ADDRESS: 100 Cambridge Street, Boston, MA 02202
CONTRACTORNA.ME: City of Salem
ADDRESS: Salem City Hall, 93 Washington Street, Salem, MA 01970
BRIT DESCRIPTION OF CONTRACT SERvlCES:The City of Salem will purchase700 linear feet of roadway
into a vacant parcel of industrial land on Swampscott Road. Using entitlement CDBG funds
the City will construct an additional 800 linear feet of roadway on the same site, completiig
the access way .for the Swampscott Road Industrial Park
TOTAL MAXLM OBUCATI4N OF coNmucr: 5 268,559
SUBSIDIARY:�A OBTECTCODE: P 0 1
IS CONTRACT FVNDED WITH FEDERAL FU.%DS7(account Type '04')_yes__PL no
CONTRACT START DATE: 19_It (See Section 1.COMPENSATION for restrictions)
coNTRACTTF NM4ATiON DATE: January 1, 1997 . 19
For the purposes of this Contract the tem•services'shall include'obligations,due,costs inured,goody delivered and accepted,seroien rendered,progremeprvefdrd,
orpr tjorroord costs or uneanallable Legalcommirmentr authorimd under this Cornus;.'The Contractor agrees to perform the services outlined herein in accordance
with the terms and conditions of this Contract, as follows:
1.COMPENSATION.
(a)For E-ranee Dro,n i,w, s covered by M.G.L.c.29. U9.4(Obiecr in Cadre CC.HH. i1. .NM: Even if an earlier start date is indicated above,the.Contrattot shall
not be compensated for any services provided prior to the date that title Contract has been approved by the Department's Secretary in accordance with 4m CMR
10.00,provided however,that if this approval is obtained prior to the beginning of the mate fiscal you in which the Contract will be performed,the effective mart
data of this Contract shall be the first day of that auto fiscal you.
(b)For Al.G.Lc.29. E29A Erernm Devarnnents OR Other Obiert Codes:Even if an earlier start date is indicated above,the Contractor will not be compensated far
any services provided prior to the due that this Contract ham been executed by authorized signatories of both parties, provided however,that if this Contract is
executed prior to the beginning of the eau fecal you in which the Contact will be performed,the effective start date of this Contract shall be the first day tither
Stam fiscal you.
2.FUNDING.4.VD FISCAL YE4R APPROPRIATIONS. Appropriations for expenditures by Departments of the Commonwealth an ordinarily made in the Cental
Appropriation Act on a auto fecal you basis(July 1-Tune 30)as defined in M.G.L.cA,57.The obligations of the Department underthis contract far any emu fiscal
you as subject to the appropriation,allotment and availability of sufficient funds to discharge the Department's obligations ander this contract which secret in
that auto fiscal you,and subject to the authorization to spend such funds for the purposes of this Contract. Pursuant to M.G.L.c.29,VA,in the absence of such
appropriation,allotment,availability or authorization,this Contract shall be terminated immediately upon the Contractor's mceipt of wehten notice of termination.
If the Cvnmoor is a recipient of federal funds from the Department,the Contractor agrees to comply with all federal requirements including but ant limited to
federal audio.Not corporations that receive federal funds from the Deparrment must comply with the audit requirements outlined in the federal Office
of Managementand Budget OMB Cimulu A-133,or at amended.Any additional federal requirements shall be specified by the parties in ATTAC21ME 4'TA-SCOPE
OF SERVIC?S.s`ND ADDITIONAL TERMS A.ND CONDITIONS thereinafter referred to"'ATTACHMX TT A'1 of this Contract
3. PAYMENTS. No payments shall be made to the Contractor prim to the date that the executed Contract,including all relevent actachmenb,attMceized signature
and approval&,has been filed with the Office of the Comptroller. The Contractor shall only be compensated for services actually provided during the period of
this Contract which are specifically identified in ATTACM%fENT A of this Contract. Paymenu to the Contractor shall nm exceed either the marcs,obligation
identified above or the sus and budget line items specifically identified in ATTACHMENT B-BUDGET AND APPROVED ECPMrIURRS GuteinafternGmd
to u'ATTACHME.NTB7 of this Contact Any additional payment provisions,allowable variations in budget line-items amounts,autherizecitrav i umpenditunm
and rates,and budget restrictions shall be specifically detailed by the parties in ATTACHMENT A of this Contact The senptana by the Contractor of the lart
payment for services performed or goods delivered upon completion of this Contract w upon termination,without any written objection,shall in each inwan
operate as a minae and discharge of the Commonwealth,the Department,its agents and employees,from all claims,liabilities,mmponuT+Bities or odor obligations
slating to the performance of this Contact. --
4.PAYMEyT:NECHA.MSM. - -
(a)Contrw.er Pavreff System.This.payment mechanism shall be used ONLY fm'ladividuaP Contractors who leve been determined to b'Cettlrnct Empfayeas'
in accordance with the Omnibus Budget Reconciliation Act (OBRA) 1990 upon the Department's completion of an Internal Reveaas Service SS-8 form. All
mandatory payroll deductions including mute and federal taxes and retirement coverage shall be made automatically under this payment meehaaism. The
Contractor's supervisor,timesheet submission procedure,and additional provisions shall be specified in ATTACHMENT A of this Contract.. -
(b) Payment Voucher System. This payment mechanism shall be used for ALL Connects mless payments are required to be made under the Contractor pram((
System. The Department shall inview Payment Vouchers(Form PV) or other approved invoices submitted by the Contractor,along with any required supporting
documentation,and either return any unapproved invoice within fifteen 051 calendar days of its marlin with a written ncpLanatim for the its rejealoss,a thall
make awry effort to im cru payment of an approved invoice within forty-five(45)calendar days of its receipt,in accordance with the Office of thrCompVoBer
regulation 31S CoM 4.00. Invoices for services provided during any mute fiscal you(July 1-Tune 30)must be submitted for payment,with any required suppming
documentation,w later than the fifteenth 115th)day of August immediately following the and of that sate fiscal you,or paymentsto the Cmtractorniuybe delayed
without pemltyto the Department.The format,detail and contents of invoices,any required supporting documentation,invoice submission procedures,Departmernt
individual(O and addresses)to receive invoices, and additional payment procedures shall be specified by the parties in ATTACTAffNTA of this Contract.
5.-TERMINATION This Contract shall terminate on the date specified above,unlaw terminated prior thereto as follows.
(a) Without Cause. Either party may terminate this Concoct, without muse and without penalty, by providing the other party with prim,snitem Retia of
termination. Unit"a different notice period is specified by the parties in ATTACHII1ffiPT A of this Contract,such prior written notice&ban be delivered to thew.
other party at least thirty(3a)calendar days before the effective date of termination. -"
ICTR Form 93SC.LF7 "SEE_ATTACHMENT An page L of L'
I tCOMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT - LONG FORM
shall become the property of the Department,and the Commonwealth shall have title and own the copyright in ouch'delircmble,'. 'Deliverables'shall also indade
equipment or furnishings provided by the Departaent or purchased with Contract funds.The Contractor shall have a royalty-free non-vxciusive and imvoeable
license to reproduce,publish or otherwise use and to authorize others to use thew'deliverables"whether published or unpublished,unless such use is rammed
:in ATTACF04ENTA of this Contract.If the Commonwealth provides financial assistance or support for jointly funded or jointly sponsored initiatives,programs,
research or other Contractor operations,the Department may mquire the Contractor to use reasonable means to inforaa the public that the Department provides
financial support for these activities.The Contractor shall not make any application for patent or copyright of any deliverables'without the prior written consent
of the Department.Unless otherpmeedums ate specified bythe parties in ATTACHMEWTA of this Contract,the Contactor shall submit all deliverables and return
all Department or Commonwealth-owned data,material,and documents to the Department within seven f1)calendar days of receipt of the Department's written
request or upon termination of this Contact. Unless otherwise specified by the parties in ATTACFLHEMT A of this Contact, the Contactor shall not make any
press statements or issue any material for publication, derived from the deliverables under this Contact without the prior written approval of the Department.
(b)Non-defiarrabW.The originals of finished and unfinished,documents,data,studies,reports,manuals,materials or programs provided by the Contactor which
are nor copyrightable by the Department or which ase already osmed or copyrighted by the Contractor shall be specifically identified as •wnlslfperabler' in
ATTACMWENTA.The Commonwealth shall have a rovalri-hes non-exclusive and irrevocable license to reproduce,publish or otherwise use and to authorize others
to use any non-deliverable, identified in ATTA=-V1MFNT A of this Contract,unless specific restriction on such use an specified in ATTACH:%fENT A.
15.CONFTDEN77ALITY.The following provisions shall apply only in the event the Contractor acquires or has access to 'personal data' of the Department,or on
behalf of the Department,and becomes a 'holder' of personal data as defined by M.C.L. c. 66A.The Contractor shall at all times recognize the Department's
ownership of Department personal data and the exclusive right and jurisdiction of the Commonwealth and*data subjects*(as defined in Chapter 66A)to control
the use of personal data.The Contractor shall immediately notify the Department both orally and in writing if any Department personal data in the Contractor's
possession is subpoenaed,improperly used,copied or removed by anyone except an authorized representative of the Department. The Contractor shall enjoin or
prevent the misuse,regain possession,and otherwise protea the Commonwealth's rights in its personal data and ensure the dam subject's privacy.The Department
shall have full access to any of its personal data held by the Contactor without the consent of the data subject. The Contactor shall take reasonable steps to prepnt
any unauthorized access,or physical damage,to such data under its control. The Contractor shall we the Department's personal data,and material derived from
such data,only as necessary for the performance of this Contra.The Depattnent's personal data shall be delivered to the Department within fourteen(14)alendu
days after termination of this Contract,unless other procedures are specified by the parties in ATTACIMENT A of this Contract.
16.INDENNIF1CA770N. Unless otherwise exempted by law,the Contractor shall indemnify and hold harmless the Cormmonwealth,including the Department,
its agents,officers and employee*against any and all liability and damages the Caamamonwealth may sustain or incur in connection with the performance of this
Contact by reason of acts,inactions,amissions,negligence or reckless or intentional conduct of the Contractor,its agent(s),officers,employees or subcontractors;
provided that the Contractor,is notified by the Commonwealth of any claim within a reasonable time after the Commonwealth becomes aware of it, and the
Contractor is afforded an opportunity to participate in the defense of such claim and spy negotiated settlement agm,mentor final judgment Indemnification by
or form*Individual' Contractor paid under the 'Contractor Pavroff Svstent'shall be determined in accordance with is provisions of M.G.L c.253.
17.WAIVERS.Forbearance or indulgence in any form or gunner by a party shall not be construed"a waiver,nor in any way limit the legal or equitable remedies
available to that party.No waiver by either party of any default or branch shall constitute a waiver of any subsequent default or breach.
13.AMEVDMEYM. No amendment to this Contact shall be effective unless it is executed by authorized representatives;of both parties in accordance with all
applicable laws,regulations and procedures and filed with to original Contact at the Office of the Comptroller.Any ausendmemby the parties which deletes or
replaces any printed boilerplate language of this Contra shall be considered void as a matter of Commonwealth policy and may result in the rejection of this
Contract by the Office of the Comptroller. Any authorized alternative provisions or additional terata and conditic ria to this Contra=that the parties an directed
to specify in ATTACILMENTA shall not delete or replace any boilerplate language,butsball clearly sad specifically esablfeh the andersandirw,inten4 obligations,
reeponsibitities and expecmdons of the parties under this Contract.
19.SEVERAlittr Y.HEADINGS AND WyERPRE7.4 TION.NTEGF ATION.If any prevision of this Contact is found to be illegal,unenforceable or void,then both
partiesshall be relieved of all obligations under that provision,provided however,that the retrainderof the Contact shall be enforcedto the fullest extentpermdted
by law.The headings used herein an for reference and convenience only and shall not be a factor in the interpretation of this Contact. The parties undenround
and agree that this Contra,including A.TTACIME:tT A.ATTACH2%fLaIT B,and any additional attachments referenced is this Conaaa shall supersede all other
verbal negotiations and written agreements relating to the performance of this Contact,including contras provided by the Contractor.
10.EYECLMO:V AND CERTTFTCATTONS. LY WITNESS WHEREOF, the Department and the Contactor eerily that this Contact is executed by their respective
authorized signatories, as of the last date met forth below,and the CO`-rRACTOR CERTIFIES,UNDER THE PAINS AND PENALTIES OF PERIEMY,THAT IT
S IN CO.'%1PLLAaVCE WITH EACH OF THE FOLLOWING:
(Complete All Blanks Indicated by an arrow('—') or Contract Will Be Rejected. Attach additional sheets if necessary.)
(a)OuuafiFratfons and Tazes.The Contractor represents that it is qualified to perform the services required under this Contract and possesses or shall obtain all
requisite licenses and permits.Pursuant to M.G.L. c_6:C,§49A,the Contractor has eomplied with all laws of the Commonwealth milting to taxi
(b)Emvfovmenr Srrurity Comrbmio s and Camamsom Workers'Cemwwotion Insurance.(Emplayers Only)Pursuant to M.G.Lc.151A,§19A and M.G.Lc.15:,
the Contractor certifies compliance with all laws of to Commonwealth plating to payments to the Employment Security System and all Commonwealth laws
relating to required warkers'compeneation insurance policies.
-t'(a Additional lncome Disclosure.M.G.L a19,SWA Contracts only. Object Cedes TV, 'HH', 'ff', 'VN7 The Contractor certifies that the following amounts
represent all income due,or to become due,to the Contactor,for eervices tendered to the Commonwealth,any political subdivision or public authority,during
the period of this Contract. (Complete information below or Check �/'here it _none; _not applicable)
PUBLIC EN'ITTY - FLIUOSE INCOME DUE/CONTRACT AMOUNT
CITY OF SALEM T6 purchase 700 linear feet of roadway $268,559
into a vacant parcel of industrial land -
on Swampscott Road. Using entitlement
CDBG funds the City will construct an additional
800 linear feet of roadway on Rhe same site,
completing the access way for the Swampscott
Road Industrial Park.
TR Fav s 93sc-LFI Page 3.of L'
COMMONWEALTH OF MASSACI3USECI'S-STANDARD CONIRACr-LONG FORM
ATTACEDAMT A-SCOPE OF SERVICES AND ADDITIONAL TERMS AND CONDITIONS
INSTRUMONS: In order to ensure that the Departatent and the Contractor have a clear understanding of their respective
responsibilities and performance e-4ectations under this Contract,the following ATTACHMENT shall contain a specific and
detailed description of ALL the obligations and responsibilities of the parties.
Attach additional pages if necessary.Sections referenced in brackets'II'refer to specife Sections in the Contract boilerplate.
ALL SECTIONS OF THIS ATTACHMENT MAST BE COMPLETED OR THE CONTRACT WILL BE REJECTED.
SCOPE OF SERVICES RESPONSLBII_ITIES.OFPARTTES.PERFORMANCE MEASiIREMaTlS lSadfon11
The following outlines the obligations due,goods to be delivered,services or be performed,programs or'delroerables'to be provided to or on behalf of
the Department;the duties and responsibilities of the parties;performance objectives,goals or requirements;performance measurements that the
Department will"a to measure compliance and to monitor satisfactory performance;any applicable performance dates,deadlines,schedule of delivery
dates: (C.hecrkk V*one option only, and complete):
V as outlined in ATTACMV ENT$(specify letter or number)
outlined as follows: -
I
1-7
. tis _:. .. ..... .: . . . . '-.. -. . . . .. . ._.. _ _.. - ..
7R Form 93SC-LU page a.of L'
COMMONWEALTH OF MASSACHUSEITS-STANDARD CONTRACT-LONG FORM
r ATTACMAENT A-SCOPE OF SERVICES AND ADDITIONAL TERMS AND CONDITIONS
PAYb1ENFMECHAMSMISection 4.1
Corr adorPa=U System.[Section 4.(z)] (Check *V'one option only, and complete if applicable):
_ Not applicable to this Contract,the Contractor is paid through the 'Paymeet Voucher System'.
The Contractor's Depanatent supervisor,timesheet submission procedures,and any additional personnel procedures or provisions are outlined:
in ATTACi WENT'_(specify letter a numbed
ae follows: -
PavmEltVoucherSystem.[Section 4.(b)] (Check W'one option only,and complete if applicable):
Not applicable to this Contract,the Contractor is paid through the'Corrrmctor Psvroll System'.
a description of any required supporting documentation,the format,detail,contents,for invoices and supporting documentation,submission
procedures for invoices including Department individual(s)and address(es)to receive invoices,and any additional payment procedures or
provisions are outlined: - -
t/in ATrACfIMEM (specify letter or numbed
as follows:
NOTTCE OFTERMWATTONOR SUSPENSIONPERIODS. [Section 5.1 (Check `/'one option only, and complete if applicable):
Not applicable,no changes to the notice periods have been negotiated by the parties. -The following notice periods have been negotiated by the parties:
as outlined in AITAtxSENT_(specify letter or numbed
as outlined as follows:
R Farm 93SC-LF7 page 7.of L'
COMMONWEALTH OF MASSACHUSETTS-STANDARD CONTRACT-LONG FORM
ATTACHMENT A-SCOFE OF SERVICES AND ADDI T'IONALTFRMS AND CONDITIONS
MOMDLSCRnW NA770NANDAFFIRMATIVEACTIONPl.AN. ISecdon12.1
(a) Pursuant to Executive Orden 221,277 and 246,any Contract with a maximum obligation of fifty thousand(350,000)dollars or mon ngoirm the
Contractor to file an Affirmative Action Plan outlining the Contractor's commitment to ensure non-discrimination in employment and purchasing,
and commitments to purchasing supplies, equipment or services from certified minority or women-owned businesses,or businesses owned by
persons with disabilities.(Check y'one option only, and complete if applicable.)
_ Not applicable,this CantnR has a total maximum obligation of less than 350,000.00 dollars.
The Contractor has attached a copy of the Contractor's Affirmative Action Plan to this Contract -
The Contractor has filed an approved copy of the Contractors Affirmative Action Plan with the Department.
The Contractor certifies that a copy of the Contractor's Affirmative Action Plaa is on fie and available for review upon written request by the
Department. '
(b) Any additional non-discrimination or affirmative action provisions or prohibitions are outlined:(Check Y'ors option only,and complete if
applicable.)
Not applicable,no additional provisions or prohibitions are required in addition to Section 12.of this Contract.
in ATTACHMENT g(specify letter or number)
as follows: -
CONMENTML17Y.(Section 15.1 (Check one option only, and complete if applicable:)
Not applicable to this Contract.The Contactor in performance of this Contract will NOT acquire at have access to'persand data'of the
Department and therefore will NOT be a'Folder' of personal data of the Department as defined tip M G.L.c.66A.
_ The Connector sH LL be a'holder' of the Departments personal data as defined in M.G.I.c.66A. Any additional provisions for physical
security,use or the return of any personal data of the Department or additional confidentiality requirements are: .
Not applicable,no provisions are required in addition to Section I.S.of this Contract.
udined in ATTAC'.ihfENT_(specify lettm
letter or nuber)
Zutlined as follows:
The Contractor shall comply with all the requirements of M.G.L. c.66A
for a "holder" of personal data.
KEY PERSONNEL (Section 2O.ptll 01f.G.L cal,WA Cambade only. Object Coda'CC', '118','JJ','NN'). The Contractor is required to attach a
resume for the Contractor if an Individual, or for all key personnel of the Contractor who will be assigned to the performance of this Contract The
following procedures shall be followed for replacing or removing key persomel of the Contractor. (Check '✓'*one option only, and complete if
applicable)-
�.Yot applicable to this Contract, either because the Department's exempt from M.G.L.ea9,529A,this is not a'CC%'HH%'JI','NN' object
code, or then an no key personnel assigned by the Contractor under this Contract.
_ Not applicable,Contractor is an Individual, and the Contract will terminate if Contractor becomes unavailable.
_ The Contractor shall have full discretion in replacing or removing any kay persormel under this Conb cis
The Contractor may replace or remove key personnel ONLY upon prior written notification to the Department.
Since the key personnel an a material element of the Contract,the Contractor shall replace or remove key personnel ONLY upon the prior
written approval of the Department
as outlined in ATTACHMENT (specify letter or number)
outlined as follows:
R Foran 93SC-Lp7 page 9.of 11
COMMONWEALTH OF MASSAC13USE7TS-STANDARD CONTRACT-LONG FORM
ATTACHMINI'A-SCOPE OF SERVICES AND ADDMONAL TERMS AND CONDITIONS
3NSfIRANCE. The Contractor&ball be required to obtain the following additional lovoraaca or bend(s)to cover the perfoamanee of wreices ander this
Contract Tbew amounts will be in addition to any statutorily required amounts a other reasonable amounts of liability insurance already carted by the
contractor. (Check%"w one option only, and complete if applicable):
/
Y Not applicable,the Contractor shall NOT be required to provide any additional Insurance or bonds for the performance of services under this
Contract.
as outlined in AITACMMENf_(specify letter or cumber)
_ outlined as follows:(specify type of insmenp of bond)required,specifications,liability amounts,restrictions and proof of fulGllmeat
requirements) .. ..... - ..
ADDITIONAL 7MZMS AND CONDITIONS(Section 18_1 (Check a/'one option only,and complete if applicable):
Not applicable,no additional provisions or prohibitions are required in addition to thew already outlined heroin.
additional provisions are oultined in ATTACHMENT A (specify letter or numbed -
additional provisions ate outlined as follows:
LLSTING OFAITAC WEN-IS.(Section 19.1 The following is a complete listing of all attachments:
(a) ATTACM%M T A-SCOPE OF SERVICES AND ADDRIONAL TERMS AND CONDITIONS
ATTACHI1fEN T E-BUDGET AND APPROVED raTNDrrURES
ATTACHMET1'
ATTACFLMENl'
(b) Checkhere if a Request For Proposals(RFP)is referenced or attached to this Contract NO
IR Fort 93$C.LF7 -. - , .-. _. . page 11.of L'
MMARS ENCUMBRANCE ID#:
ATTACHMENT A-SCOPE OF SERVICE AND ADDITIONAL TERMS AND CONDITIONS
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF COMMUNITIES AND DEVELOPMENT
DEPARTMENT OF COMMUNITY AFFAIRS
GENERAL TERMS AND CONDITIONS
BETWEEN THE
COMMUNITY DEVELOPMENT ACTION GRANT PROGRAM
AND
THE CITY OF SALEM
This Contract is entered into as of this day of
199 by and between the Executive Office of Communities and
Development, Commonwealth of Massachusetts, with its principal
place of business at 100 Cambridge Street, Room 1803 , Boston,
Massachusetts 02202 (herein referred to as "the Department" ) ; and
the City of Salem with its principal place of business at 93
Washington Street, Salem (herein referred to as "the Contractor" ) .
E
WHEREAS, Chapter 789 of the Acts of 1981 has authorized the
Department to administer a Community Development Action Grant
Program (hereinafter referred to as "CDAG Program" ) to be financed
from the proceeds of bonds issued by the Commonwealth; and
WHEREAS, the Contractor has submitted an application to the
Department for financial assistance through the CDAG Program for a
Community Development Project; and
WHEREAS, the Department has made the following findings
relative to the Community Development Project set forth in the
application submitted by the Contractor:
o The project area is decadent, substandard or blighted
open as defined by Massachusetts General Laws, Chapter
121B, Section 1 .
o The project will be undertaken on property which is
publicly owned or managed.
0 The project will be of public benefit, in the public
interest and for a public purpose, consistent with the
sound needs of the community as a whole, and any benefit
to private entities or individuals will be indirect and
incidental and not the purpose of the project.
0 The project area would not by private enterprise alone
and without either government subsidy or the exercise of
governmental powers be made available for redevelopment .
o The amount of the grant to be provided appears to be the
minimum amount necessary to make the project feasible.
0 The project will have a significant impact on the
economic condition of the city or town, including the
generation or retention of long term employment .
o There exist firm commitments of private or other public
resources in amounts sufficient, when added to the amount
of the proposed grant, to render the project financially
sound.
0 The project will not foster any adverse secondary growth
impacts .
And,
WHEREAS, the Department has approved an award of up to
$268, 559 in CDAG funds for the Community Development Project as
described in Section II .A. ;
NOW THEREFORE, in consideration of the mutual promises
hereafter stated, the parties mutually covenant and agree as
follows :
I. PERIOD OF PERFORMANCE:
The period of performance for this Contract shall begin on
and shall continue until January 1, 1997,
unless this Contract is amended by either party in accordance with
the terms of Section IV.B. of this Contract or otherwise suspended
or terminated in accordance with the terms of Section V. of this
Contract . A Performance Schedule is attached as Exhibit A and is
hereby incorporated and made a part of this Contract . All work
activities and quarterly reporting shall proceed in accordance with
said Exhibit A.
II. RESPONSIBILITY OF THE CONTRACTOR:
A. Scope : In accordance with the terms and conditions of
this Contract, the Contractor agrees to construct 700 linear feet
Page 2 of 13
of roadway into vacant industrial land on Swampscott Road for the
purpose of establishing an industrial park. The City will
construct an additional 800 linear feet of roadway using CDBG funds
to complete the roadway. The CDAG portion of the roadway will
facilitate the relocation and expansion of Thermal Circuts to the
proposed park (hereinafter referred to as "CDAG Project") . The
terms and conditions herein shall take precedence over any
conflicting terms or conditions attached hereto.
B . Compliance with other Department Reauirements : The
Contractor shall comply with the terms and conditions of this
Contract and all its attachments, and any Department rules,
regulations, guidelines or directives for the CDAG Program as may
from time to time be issued or amended.
C. Compliance with Applicable Law: All activities authorized
by this Contract shall be performed in accordance with all
applicable federal , state and local laws, including but not limited
to statutes, regulations, ordinances and codes pertaining to public
bidding requirements, wage rates, non-discrimination, equal
employment, affirmative action and conflict of interest .
This Contract shall be construed under and governed by the
laws of the Commonwealth of Massachusetts . The Contractor, and the
agents thereof, agree to bring any federal or state legal
proceedings arising under this Contract, in which either the
Commonwealth or the Department is a party, in a court of competent
jurisdiction within the Commonwealth of Massachusetts . This
paragraph shall not be construed to limit any rights a party may
have to intervene in any action, wherever pending, in which the
other is a party.
D. Non-Discrimination: The Contractor shall not discriminate
against any qualified employee or applicant for employment because
of race, color, national origin, ancestry, age, sex, religion, or
physical or mental handicap . The Contractor agrees to comply with
all applicable Federal and State statutes, rules and regulations
prohibiting discrimination in employment .
The Contractor shall take affirmative action to insure
that applicants for employment are employed and that employees are
treated during employment, without regard to their race, color,
national origin, ancestry, age, sex, religion, or physical or
mental handicap . Such action shall include, but not be limited to
the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for
training, including, apprenticeship. The Contractor shall post, in
conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this Section.
The Contractor shall state that all qualified applicants will
receive consideration for employment without regard to race,
Page 3 of 13
color, national origin, ancestry, age, sex, religion, or physical
or mental handicap . The Contractor shall incorporate the foregoing
requirements of this section in all contracts for work to be
performed in accordance with the CDAG Project, and will require all
of its contractors for such work to incorporate such requirements
in all subcontracts for CDAG Project activities .
In the event of Contractor' s noncompliance with the
provisions of this section, the Department may impose such
sanctions as it deems appropriate, including but not limited to:
1 . Withholding of payments due the Contractor under
this Contract until the Contractor complies .
2 . Termination or suspension of this Contract .
E. Minority Business Enterprises : In keeping with the
policies and intent of Massachusetts Executive Order 237, the
Contractor hereby agrees to contract with Minority Business
Enterprises certified by the Massachusetts State Office of Minority
and Women
Business Assistance (hereinafter referred to as "SOMWBA" ) pursuant
to 425 CMR 2 . 03 . At least five percent of the total dollar value
of CDAG funds shall be awarded to Minority Business Enterprises
pursuant to contracts for construction, goods, or services . Prior
to advertising for bids on the CDAG Project, the Contractor shall
notify SOMWBA of the Contractor' s intent to solicit bids, and the
availability to SOMWBA upon request, of copies of the bid
proposals, plans and specifications, and invitations to bid.
F. Conflict of Interest : The Department and the Contractor
shall not enter into any arrangement whereby:
1 . Any employee of the Commonwealth participates in any
decision relating to this Contract which affects
his/her personal interest; or
2 . The Contractor knowingly employs or compensates any
employee of the Commonwealth during the term of this
Contract, unless such arrangement or decision is
permitted under the provisions of Massachusetts General
Laws, Chapter 268A. Employment of former Commonwealth
employees must also be in compliance with the provision
of M.G.L. c . 268A.
G. Prohibition Against Payments of Bonus or Commission: The
Contractor covenants that no person or organization has been
retained to solicit or secure the CRAG funds covered by this
Contract, and that no CDAG funds shall be used in the payment of
any bonus or commission for the purpose of obtaining approval or
concurrence of the Department in any matter related to the CDAG
Project .
Page 4 of 13
H. Environmental Review: In addition to such other
requirements or environmental reviews which may be applicable to
the CDAG Project , the Contractor assumes responsibility for
compliance with any applicable provisions of Massachusetts General
Laws, Chapter 30, Section 61 et seq. , the Massachusetts
Environmental Policy Act and the regulations issued pursuant
thereto .
I . Relocation Assistance : In carrying out the CDAG Project,
the Contractor shall comply with any applicable provisions of
Massachusetts General Laws, Chapter 79A, and the regulations issued
pursuant thereto (760 CMR 27 ..01 et seq. ) .
J. Prohibition Against Assessments or Fees : The Contractor
shall not charge any person or entity a betterment assessment for
the benefit of services or facilities made possible by the CDAG
Project . Further, the Contractor shall not charge any person or
entity any type of fee which exceeds amounts properly allocable to
the payment of ordinary and necessary expenses directly
attributable to the operation and maintenance of such portion of
the CDAG Project used or to be used by or for the benefit of such
person or entity.
K. Certifications :
1 . The Contractor certifies by letter from its town
counsel/city solicitor that it has obtained, or has
reasonable assurance of obtaining all federal,
state and local government approvals required by
law relative to the CDAG Project . Said letter is
attached as Exhibit B and is hereby incorporated
and made a part of this Contract .
2 . The Contractor certifies by letter from its town
counsel/city solicitor that it has obtained, or has
reasonable assurance of obtaining all necessary
easements, rights of way, or other title to the
CDAG Project site (s) to assure that the CDAG
Project is publicly owned, operated or maintained
and will be properly operated and maintained during
The CDAG Project life . Said letter is attached as
Exhibit C and is hereby incorporated and made a
part of this Contract .
L. Reporting: The Contractor shall submit to the Department
Quarterly Reports within ten days of the close of each quarter, as
specified in the Performance Schedule set forth in Exhibit A. Such
reports shall include, but need not be limited to a statement
indicating expenditures and disbursements of CDAG funds during the
previous quarter and cumulatively and a statement on the progress
and status of activities performed in relation to the Performance
Schedule .
Page 5 of 13
M. Recordkeepina, Audit , and Inspection of Records : The
Contractor shall maintain books, records and other compilations of
data pertaining to the performance of the provisions and
requirements of the Contract to the extent and in such detail as
shall properly substantiate claims for payment under this Contract .
All such records shall be kept for a period of six (6)
years or for such longer period as is specified herein. All
retention periods start on the first day after final payment under
this contract . If any litigation, claim, negotiation, audit or
other action involving the records is commenced prior to the
expiration of the applicable retention period, all records shall be
retained until completion of the action and resolution of all
issues resulting therefrom, or until the end of the applicable
retention period, whichever is later.
The Governor, the Secretary of Administration and Finance,
the Head of the Department, the Department' s Executive Secretary,
and the State Auditor, or their designees, shall have the right at
reasonable times and upon reasonable notice to examine and copy, at
reasonable expense, the books, records and other compilations of
data of the Contractor which pertain to the provisions and
requirements of this Contract .
The Contractor shall cause to be prepared an independent
audit of CDAG. Project expenditures, the cost of which will be
charged against the administrative portion of CDAG funds received
pursuant to this Contract . Such audit shall be conducted by an
independent public accountant in accordance with generally accepted
standards of accounting and any additional EOCD requirements.
The Chief Executive of the Contractor shall transmit a
copy of the completed audit to the Secretary of the Department
within 135 days after completion of the CDAG Project .
N. Acknowledgement of State Assistance : The Contractor shall
erect project signs acknowledging State participation in the
financing of the CDAG Project site (s) as soon as possible after
execution of this Contract .
III. COMPENSATION:
A. Payment : The Department shall compensate the Contractor
on an incremental basis, as invoices for work performed.. on the
project are submitted to the Contractor, and after all appropriate
financial records supporting each amount requested have been
received and approved by the Department . The maximum obligation
under this Contract shall be an amount up to $268, 559 . 00 .
The Contractor shall submit invoices on a regular basis to
the Director - CDAG Program, EOCD, 100 Cambridge Street, Room 1803 ,
Boston, MA 02202 . The Department shall have fifteen (15) days to
Page 6 of 13
review and approve the invoice. If the Department does not approve
the invoice it shall return the invoice with a written explanation
for the rejection within fifteen (15) days of the date of receipt
of the invoice . Payment shall be made within forty-five (45) days
of the receipt of a properly submitted invoice, provided that the
goods or services have been delivered. Late penalty interest shall
be paid in accordance with the office of the Comptroller Regulation
815 CMR 4 . 00 unless otherwise provided by law.
Final invoices must be submitted within fifteen (15) days
of delivery of the final good or service or by July 31, whichever
is sooner.
B . Funding and Fiscal Year Appropriations and Authorizations :
Appropriations for expenditures by Departments of the Commonwealth
and authorizations to spend for particular purposes are made on a
fiscal year basis . The fiscal year of the Commonwealth is the
twelve (12) month period ending June 30 of each year. The
obligations of the Department under this Contract are subject to
the appropriation to the Department of funds sufficient to
discharge the Department' s obligation and the authorization to
spend such funds for the purposes of this contract . In the absence
of such appropriation and authorization, this Contract shall be
terminated immediately without liability for damages, penalties or
other charges arising from early termination as provided in this
Contract .
C. The total amount of CDAG funds for the CDAG Project has
been determined by the Secretary of the Department in reliance upon
the Project Budget submitted by the Contractor, which is attached
as Exhibit D and is hereby incorporated and made a part of this
Contract . The Secretary of the Department reserves the right to
reduce the total amount of CDAG funds for the CDAG Project :
1. To conform to any revision to which the Contractor and
the Secretary may agree, by written addendum, with
respect to the CDAG Project;
2 . If the Secretary determines, by written notification
to the Contractor, that the actual costs for the CDAG
Project are lower than those set forth in the Project
Budget; or
3 . If the Secretary determines, by written notification
to the Contractor, that the investment of other public
or private entities in association with the CDAG
Project is less than the amount specified in Section
III .B .
D. other Public and/or Private Commitments : The Contractor
certifies that it has obtained firm commitments of resources in
Page 7 of 13
f
association with the CDAG Project from the following public and/or
private sources :
Source: Amount: Activity:
Thermal Circuts $1, 170, 000 Construction of a new
facility
Fafard Corp. $ 210 , 000 Land Subsidy
Fafard Corp. _ $ 19, 000 Site Subsidy
City of Salem
(CDBG) $ 306 , 923 Additional build out
of the road.
Written evidence of such commitment (s) is attached as Exhibit
E and is hereby incorporated and made a part of this Contract .
E. Contractor - Private Sector Participant Contract : The
Contractor shall execute separate sub-contracts with the above
mentioned private sector participant (s) (see Section III .D. ) and/or
its successors, heirs, and assigns as an assurance that the private
sector participant (s) will, in fact, undertake the activities
identified in Exhibit E. Contractor - Private Sector Participant
Contract (s) are attached as Exhibit F and are hereby incorporated
and made a part of this Contract .
Any significant change in the private activities described
in Exhibits E and F may result in the termination or suspension of
this Contract in accordance with the provisions of Section V.
F. Authorized Uses of CDAG Funds :
1 . The CDAG funds provided to the Contractor under this
Contract shall be used solely for the purposes of the
approved CDAG Project .
2 . Administrative costs, including the cost of a final
independent audit (see Section II .M. ) , shall not exceed
five percent of the total CDAG award.
3 . CDAG funds shall not be used to cover costs incurred
prior to the execution of this Contract .
4 . The Department reserves the right to recover interest
earned by the Contractor on any CDAG funds on deposit
prior to vendor payment .
Page 8 of 13
IV. GENERAL PROVISIONS
A. Assignment and Delegation: The Contractor shall not
assign, sub-contract, delegate or otherwise transfer any obligation
or interest in this Contract, except as provided in the paragraph
below, without the prior written consent of the Department, which
shall not be unreasonably withheld or delayed.
Present and prospective claims for money due to the
Contractor from the Department hereunder may be assigned to a bank,
trust company, or other financial institution insured by the
Federal Deposit Insurance Corporation (FDIC) without the consent
required in the paragraph above, so long as notice of such
assignment is promptly furnished to the Department, and in
compliance with the Comptroller' s rules .
B. Amendments : The Contractor agrees to submit to the
Department a written request for approval of any CDAG Project
amendment involving changes in the approved Project Budget; new
activities; or changes in the scope, location, scale, scheduling or
beneficiaries of the approved CDAG Project prior to continuation or
commencement of work thereon.
No amendment to this Contract shall be effective unless it
is signed by authorized representatives of both parties and
accepted for filing in the Office of the Comptroller.
C. Notice: Unless otherwise specified, any notice hereunder
shall be in writing and shall be deemed delivered when given in
person to either party or deposited in the U.S . Mail, postage
prepaid and addressed as follows :
To The Department :
Director - Community Development Action Grant Program
Executive Office Communities and Development
100 Cambridge Street, Room 1803
Boston, MA 02202
To The Contractor:
City of Salem
Mayor' s Office
93 Washington Street
Salem,MA 01970
D. Assurance of Protected Jobs and/or Affordable Housing
Units : In selecting the Contractor as a recipient of CDAG funds,
the Secretary of the Department considered certain representations
by the Contractor concerning the creation of permanent new job
opportunities and/or affordable housing units as a result of the
Page 9 of 13
CDAG Project . The Contractor acknowledges its representations and
agrees to use its best efforts to create, or cause to be created
the numbers of and types of jobs and/or affordable housing units as
specified. Those representations are attached as Exhibit G and are
hereby incorporated and made a part of this Contract .
E. Confidentiality: The Contractor acknowledges that in the
performance of this Contract he/she may acquire or have access to
"personal data" and become a "holder" of such data, as defined in
M.G.L. Chapter 66A, or other information deemed confidential by the
Commonwealth. The Contractor shall comply with all laws and
regulations relating to confidentiality and privacy, including but
not limited to any rules or regulations of the Department .
The Contractor further agrees to take reasonable steps to
insure the physical security of such data under its control and to
inform each of its employees having any involvement with personal
data or other confidential information, of the laws and regulations
relating to confidentiality.
F. Political Activity Prohibited: None of the services to be
provided by the Contractor shall be used for any partisan political
activity or to further the election or defeat of any candidate for
public office .
G. Anti-Boycott Warranty: During the term of this Contract,
neither the Contractor nor any "affiliated company" as hereafter
defined, shall participate in or cooperate with an international
boycott, as defined in Section 999 (b) (3) and (4) of the Internal
Revenue Code of 1954 , as amended by the Tax Reform Act of 1986, or
engage in conduct declared to be unlawful by Section 2 of Chapter
151E, Massachusetts General Laws . As used herein, an "affiliated
company" shall be any business entity of which at least 51% of the
ownership interests are directly or indirectly owned by the
Contractor or by a person or persons or business entity or entities
which directly or indirectly own at least 51t of the ownership
interests of the Contractor.
H. Severability: If any provision of this Contract is
declared or found to be illegal, unenforceable, or void, then both
parties shall be relieved of all obligations under that provision.
The remainder of the Contract shall be enforced to the fullest
extent permitted by law.
I . Headings and Interpretations : The headings used herein
are for reference and convenience only and shall not be a factor in
the interpretation of this Contract .
J. Waivers : All conditions, covenants, duties and
obligations contained in this Contract can be waived only by
written agreement . Forbearance of indulgence in any form or manner
by a party shall not be construed as a waiver, nor in any way limit
Page 10 of 13
the legal or equitable remedies available to that party.
V. SUSPENSION AND TERMINATION:
A. General : This Contract will terminate on the date
specified in Section I, unless renewed as allowed by applicable
regulation or policy, or unless terminated upon any of the events
or conditions set forth in Sections V.B-E .
B . Without Cause : Either party may terminate this Contract
by giving written notice to the other party at least twelve (12)
calendar days prior to the effective date of termination as stated
in the notice .
C. For Cause : If the Contractor fails to fulfill his/her
obligations, the Department may terminate this Contract by giving
written notice to the Contractor at least seven (7) calendar days
before the effective date of termination stated in the notice.
The notice shall state the circumstance of the alleged breach and
may state a reasonable period, not less than seven (7) calendar
days, during which the alleged breach may be cured, subject to the
approval of the Department .
D. EmergencV: The Department may terminate or suspend this
Contract by providing written notice to the Contractor stating the
grounds for the Department' s action, in the form of telegram,
mailgram, hand-carried letter or other appropriate written means,
if the Department determines that immediate action is necessary to
protect state and/or federal funds or property or to protect
persons from injury. Such termination or suspension action shall
be effective upon receipt of notice of either suspension or
termination by the Contractor. In the case of a suspension under
this paragraph, the notice of suspension shall be accompanied by
instructions from the Department specifying requisite action(s) by
the Contractor to remove the suspension, a proposed timetable for
meeting those requirements and a description by the Department of
allowable activities and costs, if any, during the suspension
period. Failure by the Contractor to remedy the stated
deficiencies according to the timetable prescribed by the
Department shall be cause for immediate termination.
E. Elimination or Reduction of Funding: In the event of a
reduction or elimination of funding, the Department may terminate
this Contract by providing notice of termination without cause, as
provided in Section V.B. or in the alternative, the Department may
provide a conditional notice of termination effective not less than
forty (40) calendar days after the date of the notice, with a
proposed amendment to the Contract . Any such notice shall provide
that the Contract will terminate on the effective date specified,
unless, prior to the date, the Contractor submits to the Department
a properly signed copy of the amendment . Unless the Contractor
makes a timely submission of the amendment, or such modified form
Page 11 of 13
of amendment as may be agreeable to the Department, the Contract
will terminate as specified in the Department' s notice.
F. Property: In the event of any termination, all property
and finished or unfinished documents, data, studies, and reports
purchased or prepared by the Contractor under this Contract shall
be disposed of according to the Department . The Contractor shall,
within thirty days of any such termination, return to the
Department any CDAG funds not expended for the liquidation of
outstanding obligations properly , incurred as a result of
performance pursuant to this Contract up to the date of
termination, and shall deliver to the Department a final accounting
for all CDAG funds expended during the effective term of this
Contract .
G. Unallowable Expenses : Amounts paid under this Contract
found on the basis of an audit examination to constitute
unallowable expenditures shall be reimbursed to the Department by
the Contractor .
H. Cancellation: This Contract may be canceled by the
Department or the Contractor, prior to the completion of the CDAG
Project, when both parties agree that continuation is not feasible
or would not produce beneficial results commensurate with the
further expenditure of CDAG funds .
In such case, the parties shall agree upon any termination
conditions, including the effective date. The Contractor shall not
incur new obligations for the terminated portion of the CDAG
Project after the effective date of the termination and shall
cancel as many outstanding obligations as possible . The Department
shall allow full credit to the Contractor for those obligations
which cannot be canceled, so long as they were properly incurred by
the Contractor in carrying out the CDAG Project prior to
termination.
I . Recovery of Funds : The Department reserves the right to
review and approve the Private Sector Participant' s performance of
the activities cited in Section II .A. above . Should the Department
make payment of CDAG funds to the Contractor and should the
Department find that the Private Sector Participant has failed to
use diligent efforts to perform those activities, the Department
reserves the right to take any and all 'actions necessary to recover
from the Contractor and/or the Private Sector Participant an amount
equal to those CDAG funds paid to the Contractor plus all costs
associated with such recovery. However, in no event shall the
Department' s approval be unreasonably withheld.
VI. INCORPORATION:
The following documents are hereby incorporated and made an
Page 12 of 13
integral part of this document :
CDAG Exhibit A - Project Performance Schedule
CDAG Exhibit B - Assurance of Obtaining Governmental
Approvals
CDAG Exhibit C - Certificate as to Title to CDAG Project
Site
CDAG Exhibit D - CDAG Project Budget
CDAG Exhibit E - Financial Commitment documentation
CDAG Exhibit F - Contractor - Private Sector Participant
Contracts
CDAG Exhibit G - Job Creation Potential
CDAG Exhibit H - Affidavit of Tax Compliance
VII. ENTIRE CONTRACT:
This Contract, including all attachments, represents the
entire contract between the parties . No changes or additions to
this Contract shall be made except in writing and upon the express
agreement of the parties.
IN WITNESS WHEREOF, the Department and the Contractor have
caused this Contract to be executed by their respective authorized
officers .
The
Commonwealth of Massachusetts Contractor
By By - - , 7,K",,,1— I
Sign
! " , -
Sign ure) (Signature)
MARY M. GREENDALE NEIL J, 11,WINGTON
(Print Name) (Print Name)
MAYOR
DEPUTY ASSISTANT SECRETARY
/ (Print Title) (Print Title)
Date : ! � _ �7 - '9S— Date : // 2 /9s
.o.,y�TIMs�4elFM.coN Pawusl
Page 13 of 13
• CDAG II EXHIBIT A: PROJECT SCHEDULE
June, 1995 Road construction began
August, 1995 Construction of Thermal Circuits' plant begins
December, 1995 Binder cost is completed and drainage, sewer and water are installed in the
road
April, 1996 Thermal Circuits' plant opens
May, 1996 Road construction is entirely completed
CDAG II EXHIBIT B:
ASSURANCE OF OBTAINING GOVERNMENT APPROVALS
l Robert A. Ledoux . Attorney at Law. representing the City of Salem, do
hereby certify that the proposed Community Development Action Grant project has obtained. or
has reasonable assurance of obtaining all federal. state. and local governmental approvals
required by law relative to the project.
Dated this: :ifth day of April . 1995.
Attorney at Law
49 Federal Sr.
Address
Salem. HA 01970
City and State
CDAG II EXHIBIT C:
CERTIFICATE AS TO TITLE TO CDAG PROJECT SITE
f. Robert A. Ledoux . Attorney at Law. representing the City of Salem, do
hereby certify:
1. That I have investigated and ascertained the location of. and am familiar with, the legal
description of the site or sites for all elements of the public component of the proposed
Community Development Action Grant project.
2. That I have examined the deed records of the county in which this proposed project is to
be located and, in my opinion, the City has or is likely to have a legal and valid fee
simple tittle or other estate or interest in the site of the proposed project, including the
necessary easements and rights-of-way as are necessary to undisturbed use and
possession for the purposes of construction and operation for the estimated life of the
proposed project.
3. That any deeds or documents required to be recorded in order to protect the title of the
owner and the interest of the City will be duly recorded or filed for record wherever,
necessary.
4. Remarks:
Dated this: Fif h day of Aril 1995.
i
Attorney at Law
49 Federal St. Address
Salem, MA 01970 City and State
CDAG EXHIBIT D:
SOURCES AND USES OF FUNDS/CDAG PROJECT BUDGET
SUMMARY OF PROPOSED EXPENDITURES
This chart concerns sources and uses of funds for road construction only. The total cost of
developing the land and constructing a new Thermal Circuits facility is not considered
here.
OTHER
LINE ITEM ACTIVITY CDAG PRIVATE PUBLIC TOTAL
(700 linear (800 linear
feet of road) feet of road)
1. Land Acquisition 2 acres at $130,000
$65,000 per
acre
2. Clearance & $ 65,927 $ 75,345 $141,273
Demolition
3. Street & Site $119,878 $137,004 $256,882
Improvements
4. Water& Sewer $51,227 $ 58,545 $109,773
Facilities
5. Construction Costs
6. Professional Fees $ 7,111 $ 8,126 $ 15,238
(3%)
7. Cost Subtotal $244,144 $279,071 $523,165
8. Contingencies (10%) $ 24,414 $ 27,902 $ 52,317
9. Total Project Cost $268,559 130,000* $306,923 1 $575,482
The cost of land acquisition is noted here for informational purposes only. It should not be
considered part of the project budget and is not included in Salem's grant request.
CDAG II EXHIBIT E:
PRIVATE AND PUBLIC COMMITMENTS
PRIVATE INVESTMENTS" AMOUNT:
A. Budget for new Thermal Circuits plant $1, 170,000
B. Land subsidy provided by Fafard Corp. $ 210,000
C. Site cost subsidy provided by Fafard Corp. $ 19,000
D. Cost of building remainder of road"" $ 306,923
TOTAL $1,705,923
These estimates of private investment include only the development of the new Thermal
Circuits plant. We do not estimate the additional private development that will follow the
construction of the road and the opening of the five remaining parcels.
The CDAG will enable the construction of a road to serve three of the six parcels at the
industrial park off of Swampscott Road. Using CDBG funds, the remainder of the road will
be built. These funds will be repaid by Fafard Real Estate as the remaining development
parcels are sold.
NON-CDAG PUBLIC INVESTMENTS: AMOUNT:
A. Estimated property tax abatements to Thermal $231,621
Circuits in years 1 through 10
B. City loan to Thermal Circuits for purchase of $ 50,000
four-acre parcel.'
C. Estimated state investment tax credits in year 1 $ 53,750
D. Hiring of consultants to conduct reuse study $ 5,000
and devise marketing strategy for the sale of
Thermal Circuits' existing Jefferson Avenue facility.
The City of Salem will fund for the study.
TOTAL $340,371
' This is a$50,000, interest-free, deferred loan to be repaid by Thermal Circuits upon the sale
of its Jefferson Avenue facility.
1
MMIBIT F
COMMUNITY DEVELOPMENT ACTION GRANT
Grantee-Private Sector Participant Agreement
This Grantee - Private Sector Participant Agreement is entered into as of this twenty-third day of
October, by and between the City of Salem (hereinafter referred to as "Grantee') and Fafard Real
Estate and Development Corporation(hereinafter referred to as "Private Sector Participant").
WHEREAS, the Grantee has submitted an application to the Massachusetts Executive Office of
Communities and Development hereinafter referred to as"EOCD") for a Community Development
Action Grant(hereinafter referred to as"CDAG")to support the costs of specific activities necessary
for the carrying out and completion of a Community Development Project (hereinafter referred to
as CDAG Project");
WHEREAS,EOCD has approved an award of up to$268,559 in CDAG funds to the Grantee for that
CDAG Project;
WHEREAS, in its selection of the Grantee, EOCD relied on certain representations by the Grantee
and the Private Sector Participant relative to the CDAG Project; and
WHEREAS,those representations included firm commitments of resources from the Private Sector
Participant;
NOW THEREFORE, in consideration of the mutual promise hereinafter stated,the parties mutually
covenant and agree as follows:
1. RESPONSIBILITY OF THE GRANTEE
A. Grantee Activities. The grantee shall,in a manner satisfactory to the EOCD,perform
specific activities necessary for the carrying out and the completion of the CDAG project. Those
activities are described below:
The City of Salem will provide the funds to purchase 800 linear feet of roadway,
completing the land acquisition project begun with CDAG funding.
B. Period Of Performance. The Grantee Activities cited above shall commence on of
after October 1, 1995 and shall be completed on or before November 30, 1995.
II. RESPONSIBILITY OF THE PRIVATE SECTOR PARTICIPANT
A. Private Sector Participant Activities. The Private Sector Participant shall,in a manner
reasonably satisfactory to the EOCD and consistent with the agreement with the City of Salem,
perform specific activities in association with the CDAG, perform specific activities in association
with the CDAG Project. Those activities are described below:
Fafard Real Estate and Development Corp. Will sell a four-acre parcel of land to
Thermal Circuits, Inc. for$50,000.
Fafard Real Estate and Development Corp. will sell control of the roadway,
Technology Way, to the City of Salem. Technology Way will be maintained as a
public way.
B. Period of Performance. The Private Sector Participant activities cited above shall
commence on or after October 1, 1995 and shall be completed on or before November 30, 1995.
III. PROJECT COMPLETION
The Grantee and the Private Sector Participant hereby warrant and represent to EOCD that
the activities described in sections I.A. and II.A. above will be completed to the EOCD's satisfaction
in accordance with the performance schedule cited in section I.B. and II.B. above. NOTE: Should
EOCD make payment of CDAG funds to the Grantee and should the Private Sector Participant not
satisfactory perform the activities identified in section II.A above, EOCD reserves the right to take
any and all actions necessary to recover from the Grantee and/or Private Sector Participant an
amount equal to those funds paid to the Granter,plus all costs associated with such recovery.
IV. ENTIRE AGREEMENT
This Grantee--Private Sector Participant Agreement between the parties relative to the
provision of CDAG funds. No changes or additions to this Agreement may be made except in
writing and upon the express written consent of the parties and EOCD. This Agreement will not be
final and binding upon the parties until approved by EOCD and thereafter incorporated into the
CDAG Agreement between EOCD and the Grantee.
In witness whereof,the Grantee,authorized by vote of the governing body,an attested copy of which
is attached hereto, and the Private Sector Participant* have executed this Grantee - Private Sector
Participant Agreement in triplicate as of the date above written.
G NTEE
WILLIAM E. LUSTER
CITY PLANNER
PRIVA E SECWR PARTICIPANT
`r
EArA29 4AL EJ --A i h-NQ
_2ttiLuoomtN CoizP
RICHARD E. TERRILL, CFO
Appr e by EOCD
*The Private Sector Participant must execute and attach hereto a certification under the pains and
penalties of perjury, pursuant to M.G.L. C. 62C Section 49A, that it has complied with all laws of
the Commonwealth relating to taxes.
EMBIT P
COMMUNITY DEVELOPMENT ACTION GRANT
Grantee- Private Sector Participant Agreement
This Grantee-Private Sector Participant Agreement is entered into as of this seventh day of October,
by and between the City of Salem(hereinafter referred to as "Grantee") and Thermal Circuits, Inc.
(hereinafter referred to as "Private Sector Participant").
WHEREAS, the Grantee has submitted an application to the Massachusetts Executive Office of
Communities and Development hereinafter referred to as"EOCD")for a Community Development
Action Grant(hereinafter referred to as"CDAG'�to support the costs of specific activities necessary
for the carrying out and completion of a Community Development Project (hereinafter referred to
as CDAG Project");
WHEREAS,EOCD has approved an award of up to$268,559 in CDAG funds to the Grantee for that
CDAG Project;
WHEREAS, in its selection of the Grantee, EOCD relied on certain representations by the Grantee
and the Private Sector Participant relative to the CDAG Project; and
WHEREAS,those representations included firm commitments of resources from the Private Sector
Participant;
NOW THEREFORE, in consideration of the mutual promise hereinafter stated;the parties mutually
covenant and agree as follows:
1. RESPONSIBILITY OF THE GRANTEE
A. Grantee Activities. The grantee shall,in a manner satisfactory to the EOCD,perform
specific activities necessary for the carrying out and the completion of the CDAG project. Those
activities are described below:
The City of Salem will purchase 800 linear feet of roadway, completing the land
acquisition project begun with CDAG funding.
B. Period Of Performance. The Grantee Activities cited above shall commence on of
after October 1, 1995 and shall be completed on or before November 30, 1995.
II. RESPONSIBILITY OF THE PRIVATE SECTOR PARTICIPANT
A. Private Sector Participant Activities. The Private Sector Participant shall,in a manner
satisfactory to the EOCD,perform specific activities in association with the CDAG,perform specific
activities in association with the CDAG Project. Those activities are described below:
Thermal Circuits, Inc. will construct a 32,000 s.f. facility at Technology Way in
Salem.
Thermal Circuits will continue to operate its facility at 4 Jefferson Avenue in Salem
for approximately two years after the construction of this new facility.
B. Period of Performance. The Private Sector Participant activities cited above shall
commence on or after October 1, 1995 and shall be completed on or before June 30, 1996.
III. PROJECT COMPLETION
The Grantee and the Private Sector Participant hereby warrant and represent to EOCD that
the activities described in sections I.A. and II.A. above will be completed to the EOCD's satisfaction
in accordance with the performance schedule cited in section I.B. and II.B. above. NOTE: Should
EOCD make payment of CDAG funds to the Grantee and should the Private Sector Participant not
satisfactory perform the activities identified in section II.A above, EOCD reserves the right to take
any and all actions necessary to recover from the Grantee and/or Private Sector Participant an
amount equal to those funds paid to the Granter, plus all costs associated with such recovery.
IV. ENTIRE AGREEMENT
This Grantee--Private Sector Participant Agreement between the parties relative to the
provision of CDAG funds. No changes or additions to this Agreement may be made except in
writing and upon the express written consent of the parties and EOCD. This Agreement will not be
final and binding upon the parties until approved by EOCD and thereafter incorporated into the
CDAG Agreement between EOCD and the Grantee.
In witness whereof,the Grantee,authorized by vote of the governing body,an attested copy of which
is attached hereto, and the Private Sector Participant* have executed this Grantee - Private Sector
Participant Agreement in triplicate as of the date above written.
GRA
WILLIAM E. LUSTER
CITY PLANNER
PRIVATE SECTOR PARTICIPANT
Appr d by EOCD
*The Private Sector Participant must execute and attach hereto a certification under the pains and
penalties of perjury,pursuant to M.G.L. C. 62C Section 49A, that it has complied with all laws of
the Commonwealth relating to taxes.
CDAG II EXHIBIT G:
JOB CREATION POTENTIAL OF PROPOSED PRIVATE PROJECT
Full-Time Permanent Jobs at Thermal Circuits
Total Jobs
A. Number of New Jobs To Be Created: Year 1: 14-17
Year 2+ 9-12
B. Types of New Jobs To Be Created:
Upper Management, Year 1 1 position
Middle Management, Year 1- 3 2 positions
Production Assembly 9 -12 positions per year
Clerk/Office, Year 1-3 2 positions
C. Number of Jobs Retained: 85
Part-Time Permanent Jobs (Thermal Circuits)
D. Number of New Jobs To Be Created: Year 1 Unknown at this time
Year 2+Unknown at this time
Minorit,y/Low-Moderate Income Recruitment at Thermal Circuits
Please see Thermal Circuits' Equal Employment Opportunity Statement Objective.
E. Is There An Active Recruitment Plan in Place? Yes No
F. What is the Company's Hiring Goal? Year 1 %
Year 2+ %
Additional Full-time Permanent Jobs
We estimate that development of the five remaining parcels has the potential to create 684 full-
time permanent jobs.
` y 1
EXHIBIT B
COMMUNITY DEVELOPMENT ACTION GRANT II
AFFIDAVIT OF TAX COMPLIANCE
Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A, clause (b) added by
Section 35 of Chapter 233 of the Acts of 1983, I, Anthony A. Klein. President, authorized
(Name and Title)
signatory for Thermal Circuits. Inc. whose principal place of business is 4 Jefferson Avenue in
(Private Sector Participant)
Salem, MA hereby certify under the pains and penalties of perjury that the above-named Private
Sector Participant has complied with all laws of the Commonwealth of Massachusetts relating to
taxes.
i
Authorized Signature
Ant ony A. Klein, President
Date
• EXHIBIT H
COMMUNITY DEVELOPMENT ACTION GRANT II
AFFIDAVIT OF TAX COMPLIANCE
Pursuant to Massachusetts General Laws, Chapter 62C, Section 49A, clause (b) added by
Section 35 of Chapter 233 of the Acts of 1983, I, IRKNMt9 e-IE2PILI SR-V V.4C F 0; authorized
(Name and Title)
signatory for Fafard Real Estate and Development Coro. whose principal place of business is
(Private Sector Participant)
290 Eliot Street in Ashland, MA hereby certify under the pains and penalties of perjury that the
above-named Private Sector Participant has complied with all laws of the Commonwealth of
Massachusetts relating to taxes.
Authorized Signature
Print Name
&7 L* i o/-Y-,t tet
Title
Date
DEPARTMENT OF
HOUSING &
COMMUNITY
DEVELOPMENT N 18 1996
William F. Weld, Governor
Argeo Paul Cellucci,Lt. Governor
Jane Wallis Gumble,Director
November.13,,199k
William Luster
City Planner
1 Salem Green
Salem, MA 01970
Dear Mr. Luster,
The Department of Housing and Community and Development (formerly EOCD) provided the
City of Salem with a Community Development Action Grant (CDAG) for the Swampscott Road
project. Our records indicate that the contract for this project ends on January 1, 1997, however
all CDAG funds have been expended at this time.
We are requesting that, in order to finalize our files and to fully close this project, you-submitJ
final-narrative.report do`the:project,—along-with—a•summary.of,expenses_.from,the=CDA_G grant
funds,and„additionally,=any other=funding sources contributing to the project _We need to
receive-this final report no later than November 29„1996. - - -�
The final document due under the contractual obligation between the Department of Housing and
Community Development and the City of Salem is the completion of a Single Project Audit.
DHCD is in the process of completing the procurement process for a certified Public Accounting
Firm to complete all Single Project Audits for the CDAG program. We expect to have a firm
named and to begin the audit process in January of 1997. This audit will be performed at no cost
to you. Please maintain all records regarding CDAG project for this audit. You will be contacted
by DHCD and the audit firm after January 1, 1997 regarding scheduling dates for this audit.
Please feel free to call me at (617) 727-7765 x 458 or Deirdre Walsh at (617) 727-7765 x 456 if
you have any questions or concerns regarding these requirements.
SincerZ-Aemblay
,
Arlee
CDAG Program Manager
100 Cambridge Street
Boston,Massachusetts 02202-0044
FAFARD REAL ESTATE AND DEVELOPMENT CORP.
290 ELIOT STREET
® ASHLAND, MASSACHUSETTS 01721
FAFARD , „ TEL. (508) 881-1600 FAX (508) 875-8610
Residential Sales (508)881-6662 Commercial Sales/Leasing (508)881-1512
VIA OVERNIGHT MAIL
a
September 5, 1995 "
Mr. William Luster 5kNw `
Planning Department 6 IM
City of Salem vey&�iis7 G'sSwv.,rotaa
One Salem Green ayGY
Salem,MA 01970
RE: Road"A"Technology Way, Salem,MA
Dear Mr. Luster:
Please be advised that pursuant to Paragraph 10 of a Purchase and Sale Agreement between Fafard Real
Estate and Development Corp.and the City of Salem received August 2, 1995 from the City of Salem,the
Seller hereby extends the closing date for the above referenced parcel up to thirty(30)days to enable the
Seller to make reasonable efforts to deliver title to the parcel in conformity with Section 5 and 6 of said
Agreement.
Please contact me should you have any questions.
Veryly yours,
Paul J.Beard
Attorney
PJB/Luster
cc: Howard A. Fafard
cc: Richard Terrill
cc: James McLoughlin
cc: Lawrence J. Doane
cc: Harry Mack
cc: John Serafini,Esq.
�,
$°
b. Y a
L__
From the Office of:
STANDARD FORM
PURCHASE AND SALE AGREEMENT
REALTOR° Member Greater Boston Real Estate Board
This day of 1995
Fafard Real Estate and Development Corp. a Massachusetts Corporation
1. PARTIES 290 Eliot Street, Ashland, MA 01721
AND MAILING
ADDRESSES hereinafter called the SELLER,agrees to SELL and
The City of Salem, a Municipal Corporation, c/o City Hall
(fill in( Washington Street, Salem, MA 01970
hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth,the
following descrioed premise
That certain parce of land in Salem, Essex County, Massachusetts being
2. DESCRIPTION Road "A" 50' in width, improved pursuant to the specifications attached
(fill in and include hereto. Said Road "A" is shown on a Plan entitled Subdivision of Lot 69
title reference( Land Court Case 11802 dated 24 March 1995.
INGS, Included in the sale as a part of said premises are the buildings, structures, and improvements now
thereon, and the fixtures belonging to the SELLER and used in connection therewith including, if any, all
P �fL11vEPL1i�, �wpol-to-wall carpeting, drapery rods, automatic garage door openers, venetian blinds, window shades,
-';br reen doors, storm windows and doors, awnings, shutters, furnaces, heaters, heating
eqy m o�s�Canges, oil and gas burners and fixtures appurtenant thereto, hot water heaters,
(fill in or t pl ' bin ffatieb ;fixtures,garbage disposers, electric and other lighting fixtures, mantels,outside
to . antennas, fences, gates, trees, shrubs, plants, and, ONLY IF BUILT IN, refrigerators, air
conditi equipment,ventilators,dishwashers,washing machines and dryers:and
but excluding
4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER, or to
(fill in) the nominee designated by the BUYER by written notice to the SELLER at least seven days
Include here by speck before the deed is to be delivered as herein provided, and said deed shall convey a good and clear
reference any restric• record and marketable title thereto,free from encumbrances,except
tions,easements,rights (a) Provisions of existing building and zoning laws;
and obligations in party (b) Existing rights and obligations in party walls which are not the subject of written agreement;
walls not included in(b), (c) Such taxes for the then current year as are not due and payable on the date of the delivery of
leases,municipal and such deed;
other liens,other encum- (d) Any liens for municipal betterments assessed after the date of this agreement;
brances,and make pro- (e) Easements, restrictions and reservations of record, if any, so long as the same do not prohibit
vision to protect or materially interfere with the current use of said premises:
SELLER against BUYER's 11)
breach of SELLER's
covenants in leases,
where necessary.
5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan
with the deed in form adequate for recording or registration.
6. REGISTERED In addition to the foregoing, if the title to said premises is registered,said deed shall be in form sufficient
TITLE to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said
deed all instruments,if any,necessary to enable the BUYER to obtain such Certificate of Title.
7. PURCHASE PRICE The agreed purchase price for saidpremises is $450,000.00
(fill in);space is acquisition of land will occur with deposit and two XV9aQbTVAXHX
allowed to write payments as set forth below
out the amounts $ 20,000.00 have been paid as a deposit this day and
if desired $ 200,000.00 sh 17 be, ax ust Z..,Js$S.._...._
$ areo 6e paldct��llaea�snmemersAn cash,or by certified,
230,000.00 cashier's,treasurer's or bank check(s).
$ * September 7, 1995
$ 450,000.00 TOTAL
COPYRIGHT o 1979.1984,1986,1987.1988 All rights reserved. This toren may not be copied or reproduced in
GREATER BOSTON REAL ESTATE BOARD whole or in part in any manner whatsoever without the prior express
«:+� written oonsem of the Greater Boston Real Estate Board.
payments shall occur at
8. TIME FOR SucWbH0 S{f6}WX*X*Y8d[at 10:00 o'clock PM-)0N See Article X
PERFORMANCE: 19 ,at the
DELIVERY OF City Hall
DEED/fill in) Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this
agreement Deed delivery to occur on September 7, 19'95
9. POSSESSION AND Full possession of said premises free of all tenants and occupants, except as herein provided, is to be
CONDITION OF delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as
PREMISE. they now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and
(attach a list of zoning laws, and (c) in compliance with provisions of any instrument referred to in clause 4 hereof. The
exceptions, if any) BUYER shall be entitled personally to inspect said premises prior to the delivery of the deed in order to
determine whether the condition thereof complies with the terms of this clause.
10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the pre-
PERFECT TITLE mises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform
OR MAKE with the provisions hereof,then any payments made under this agreement shall be forthwith refunded and
PREMISES all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to
CONFORM the parties hereto, unless the SELLER elects to use reasonable efforts to remove any defects in title,or to
(Change period of deliver possession as provided herein,or to make the said premises conform to the provisions hereof,as
time if desired). the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before
the time for performance hereunder, and thereupon the time for performance hereof shall be extended for
a period of thirty days.
11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title,
PERFECT TITLE deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at any
OR MAKE time during the period of this agreement or any extension thereof, the holder of a mortgage on said pre-
PREMISES mises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then any pay-
CONFORM,etc. ments made under this agreement shall be forthwith refunded and all other obligations of the parties
hereto shall cease and this agreement shall be void without recourse to the parties hereto.
12. BUYER's The BUYER shall have the election,at either the original or any extended time for performance,to accept
ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the
ACCEPT TITLE purchase price without deduction, in which case the SELLER shall convey such title, except that in the
event of such conveyance in accord with the provisions of this clause, if the said premises shall have
been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has
previously restored the premises to their former condition,either
(a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable
on account of such insurance, less any amounts reasonably expended by the SELLER for any
partial restoration,or
(b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part
thereof to be used to restore the said premises to their former condition or to be so paid over or
assigned, give to the BUYER a credit against the purchase price,on delivery of the deed, equal to
said amounts so recovered or recoverable and retained by the holder of the said mortgage less
any amounts reasonably expended by the SELLER for any partial restoration.
13. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a
OF DEED full performance and discharge of every agreement and obligation herein contained or expressed, except
such as are,by the terms hereof,to be performed after the delivery of said deed.
14. USE OF To enable the SELLER to make conveyance as herein provided,the SELLER may, at the time of delivery
MONEY TO of the deed, use the purchase money or any portion thereof to clear the title of any or all encumbrances or
CLEAR TITLE interests, provided that all instruments so procured are recorded simultaneously with the delivery of said
deed.
All risk is to remain with Seller until time of closing.
15. INSURANCE Until the delivery of the deed,the SELLER shall maintain insurance on said premises as follows:
'Insert amount Type of Insurance Amount of Coverage
(list additional
types of insurance (a)Fire and Extended Coverage $
and amounts as (b)
agreed)
16 ADJUSTMENTS rCollected rents,,mortgage interest, water and sewer use charges,operating expenses (if any) according to
(isf operating ex-;: Ithe sohedule,attae ftreto or set forth below, and taxes for the then current fiscal year, shall be ap-
pegses„lfany,-ori; 1podioneid and fuel rfal6b shall be adjusted, as of the day of performance of this agreement and the net
affieWPh )t= 'amount ereQf sfiall be added to or deducted from, as the case may be, the purchase price payable by
n":�• SBU Rggj� time of delivery of the deed. Uncollected rents for the current rental period shall be
apportioned iffan�when collected by either parry.
17. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed, they shall be apportioned
OF UNASSESSED on the basis of the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the
AND new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall there-
ABATED TAXES after be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the
same,shall be apportioned between the parties, provided that neither parry shall be obligated to institute or
prosecute proceedings for an abatement unless herein otherwise agreed.
1l � r�rsional services of
indu ro a S�LLrER to
Ila r untE.l
name of Brokerage
firm(s)) the Broker(s) herein, but if the SELLER pursuant to the terms of clause 21 hereof retains the deposits
made hereunder by the BUYER, said Broker(s) shall be entitled to receive from the SELLER an amount
equal to one-half the amount so retained or an amount equal to the Broker's fee for professional services
® ct whichever is the lesser.
19. UnaE
Le keeeretn
rr s) t t e Brokers) is(are)duly licensed as such by the Commonwealth of Massachusetts.
20. DEPOSIT All deposits made hereunder shall be held tti}@BB00lfM5JX Seller
(fill in name) g rsubject to the terms of this agreement and shall be duly accounted for at the time for
pe ormanceo t is agreement
21. BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein, all deposits made hereunder by the
DEFAULT, BUYER shall be retained by the SELLER as liquidated damagesXogeX 0i361MM)M "a[gWaftLX]HeXRE=
DAMAGES
Sell/e�r is entitled to specific performance under this contract.
2# E EB Th sMir
jpfjjse hereby agrees to join in said deed and to release and convey all statutory and
U rGoth rig d interests in said premises.
I
2- 1::. BRO S ; The ok ) na��herein join(s) in this agreement and become(s) a party hereto, insofar as any provi-
IfIR C ion f th reement expressly apply to the Broker(s), and to any amendments or modifications of such
_ Qrovii; ns which the Broker(s) agree(s)in writing.
24. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the
TRUSTEE, principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor
SHAREHOLDER, any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied,
BENEFICIARY, etc. hereunder.
25. WARRANTIES AND The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has
REPRESENTATIONS he relied upon any warranties or representatigns not set forth or incorporated in this agreement or pre-
(fill in);if none, viously made in writing,NEMIZINCOM } (Xt �GXiXdld[K}[
state "none';if
any listed,indicate
by whom each war-
ranty or represen-
tation was made
ORTGAGE In order to help finance the acquisition of said premises,the BUYER shall apply for a conventional bank or
�® I CY other institutional mortgage loan of$ at prevailing rates,terms and conditions.
esptte the BUYER's diligent efforts a commitment for such loan cannot be obtained on or before
m f 19—the BUYER may terminate this agreement by written notice
for io S L n r the Brokers), as agents) for the SELLER prior to the expiration of such time,
in N wh up ny yments made under this agreement shall be forthwith refunded and all other
Purchase) obl do of the parties hereto shall cease and th s agreement shall be void w shout recourse to the
parties . In no event will the BUYER be deemed to have used diligent efforts to obtain such
commitment unless the BUYER submits a complete mortgage loan application conforming to the foregoing
provisions on or before 19—
27. CONSTRUCTION This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to
OF AGREEMENT take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and
enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators,
successors and assigns, and may be cancelled, modified or amended only by a written instrument
executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their
obligations hereunder shall be joint and several. The captions and marginal notes are used only as a
matter of convenience and are not to be considered a part of this agreement or to be used in determining
the intent of the parties to it.
�a a that, under Massachusetts law, whenever a child or children under six years of
.a ._,age r�gde n rMidential premises in which any paint, plaster or other accessible material contains
kk V ge''us of lead, the owner of said premises must remove or cover said paint, plaster or other
ism rteriso make it inaccessible to children under six years of age.
REM
21 A K _ II t e time of the delivery of the deed, deliver a certificate from the fire department of
D E ci r En
h said premises are located stating that said premises have been equipped with
sppro sdetectors in conformity with applicable law.
30. ADDITIONAL The ini iale ,'rf any,attached hereto,are incorporated herein by reference.
PROVISIONS
See attached Addendum A which is incorporated herein as a part of this
contract
FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978,BUYER MUST ALSO HAVE SIGNED
LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION'
NOTICE: is is a legal document that creates binding obligations.If not understood,consult an attorney.
LER(or pouse) SELLER
BUYER BUYER
Broker(s)
EXTENSION OF TIME FOR PERFORMANCE
Date
The time for the performance of the foregoing agreement is extended until o'clock—M.on
the day of 19_,time still being of the essence of this agreement as extended.
In all other respects,this agreement is hereby ratified and confirmed.
This extension,executed in multiple counterparts,is intended to take effect as a sealed instrument
SELLER(or spouse) SELLER
BUYER BUYER
Broker(s)
Addendum A:
1. Buyer represents and warrants that no security for the said Road A is due to Buyer from Seller under
M.G.L.Chapter 41 Section 81-4U or any other provisions of the subdivision control law or municipal
ordinances.
2. The City acknowledges that this is not a construction project,but a land acquisition project,whereby
the City will purchase the road. As a land acquisition project,this project is not subject to any Federal,
State or local prevailing wage laws.
3. At the time of the final acquisition of the land by the City of Salem set forth in paragraph two above,
the City of Salem shall record a betterment agreement for the amount of$200,000 in a form sufficient
to secure repayment of$200,000 as Seller sells remaining 17.6 acres abutting the property(Lot 702).
Repayment will be$11,363.64 per acre as sold.
SalemAdd/PB/AW
` From the Office of:
STANDARD FORM
PURCHASE AND SALE AGREEMENT
R E A LTO P" Member Greater Boston Real Estate Board
This day of 1995
Fafard Real Estate and Development Corp. a Massachusetts Corporation
1. PARTIES 290 Eliot Street, Ashland, MA 01721
AND MAILING
ADDRESSES hereinafter called the SELLER,a�gqrees to SELL and
The City of Salem, a Municipal Corporation, c/o City Hall
(fill in) Washington Street, Salem, MA 01970
hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth,the
following described premisef:
That certain parce of land in Salem, Essex County, Massachusetts being
2. DESCRIPTION Road "A" 50' in width, improved pursuant to the specifications attached
(rill in and include hereto. Said Road "A" is shown on a Plan entitled Subdivision of Lot 698
title reference) Land Court Case 11802 dated 24 March 1995.
INGS, Included in the sale as a part of said premises are the buildings, structures, and improvements now
thereon, and the fixtures belonging to the SELLER and used in connection therewith including, if any, all
P '=EWall-to-wall carpeting, drapery rods, automatic garage door openers, venetian blinds, window shades,
X I sbr reen doors, storm windows and doors, awnings, shutters, furnaces, heaters, healing
Legtit m os�janges, oil and gas burners and fixtures appurtenant thereto, hot water heaters,
/fill in it �, pl bin 1YatyYoom fixtures,garbage disposers,electric and other lighting fixtures, mantels,outside
te.r isi antennas, fences, gates, trees, shrubs, plants, and, ONLY IF BUILT IN, refrigerators, air
condiG equipment ventilators,dishwashers,washing machines and dryers:and
but excluding
4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER,or to
(fill in) the nominee designated by the BUYER by written notice to the SELLER at least seven days
Include here by specific before the deed is to be delivered as herein provided, and said deed shall convey a good and clear
reference any restric- record and marketable title thereto,free from encumbrances,except
tions,easements,rights (a) Provisions of existing building and zoning laws;
and obligations in party (b) Existing rights and obligations in party walls which are not the subject of written agreement;
walls not included in(b), (c) Such taxes for the then current year as are not due and payable on the date of the delivery of
leases,municipal and such deed;
other liens,other encum- (d) Any liens for municipal betterments assessed after the date of this agreement;
brances,and make pro- (e) Easements, restrictions and reservations of record, if any, so long as the same do not prohibit
vision to protect or materially interfere with the current use of said premises;
SELLER against BUYER's '(I)
breach of SELLER's
covenants in leases,
where necessary.
5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan
with the deed in form adequate for recording or registration.
6. REGISTERED In addition to the foregoing, K the title to said premises is registered,said deed shall be in form sufficient
TITLE to entitle the BUYER to a Certificate of Title of said premises, and the SELLER shall deliver with said
deed all instruments,if any,necessary to enable the BUYER to obtain such Certificate of Title.
7. PURCHASE PRICE The agreed purchase price for said premises is $450,000.00
(fill in),space is acquisition of land will occur with deposit and two xwufy')�
allowed to write payments as set forth below
out the amounts $ 20,000.00 have been paid as a deposit this day and
if desired $ 200,000.00 sh 17 be, ax ust_7,4., ....,.,.
$ areV 6e pald- ®vaeuaeng unmamaeeAn cash,or by certified,
230,000.00 cashier's,treasurers or bank check(s).
$ * September 7, 1995
$ 450,000.00 ^TOTAL
COPYRIGHT C 1979,1984.1986,1987,1988 {_* All rights reserved. This form may not be copied or reproduced in
GREATER BOSTON REAL ESTATE BOARD u whole or in part in any manner whatsoever without the prior express
:,..,� written consent of the Greater Boston Real Estate Board.
payments shall occur at
8. TIME FOR Suc at 10:00 o'clock PM.IQHASf4C See Article ?UONUg
PERFORMANCE; 19 at the
DELIVERY OF City Hall
DEED(fill in) Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence of this
agreement Deed delivery to occur on September 7, 1995
9. POSSESSION AND Full possession of said premises free of all tenants and occupants, except as herein provided, is to be
CONDITION OF delivered at the time of the delivery of the deed, said premises to be then (a) in the same condition as
PREMISE. they now are, reasonable use and wear thereof excepted, and (b) not in violation of said building and
(attach a list of zoning laws, and (c) in compliance with provisions of any instrument referred to in clause 4 hereof. The
exceptions,if any) BUYER shall be entitled personally to inspect said premises prior to the delivery of the deed in order to
determine whether the condition thereof complies with the terms of this clause.
10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the pre-
PERFECT TITLE mises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not conform
OR MAKE with the provisions hereof, then any payments made under this agreement shall be forthwith refunded and
PREMISES all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to
CONFORM the parties hereto, unless the SELLER elects to use reasonable efforts to remove any defects in title,or to
(Change period of deliver possession as provided herein,or to make the said premises conform to the provisions hereof, as
time if desired/. the case may be, in which event the SELLER shall give written notice thereof to the BUYER at or before
the time for performance hereunder, and thereupon the time for performance hereof shall be extended for
a period of thirty days.
11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title,
PERFECT TITLE deliver possession,or make the premises conform, as the case may be, all as herein agreed,or if at any
OR MAKE time during the period of this agreement or any extension thereof, the holder of a mortgage on said pre-
PREMISES mises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then any pay-
CONFORM,etc. ments made under this agreement shall be forthwith refunded and all other obligations of the parties
hereto shall cease and this agreement shall be void without recourse to the parties hereto.
12. BUYER's The BUYER shall have the election,at either the original or any extended time for performance,to accept
ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the
ACCEPT TITLE purchase price without deduction, in which case the SELLER shall convey such title, except that in the
event of such conveyance in accord with the provisions of this clause, if the said premises shall have
been damaged by fire or casualty.insured against, then the SELLER shall, unless the SELLER has
previously restored the premises to their former condition,either
(a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable
on account of such insurance, less any amounts reasonably expended by the SELLER for any
partial restoration,or
(b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part
thereof to be used to restore the said premises to their former condition or to be so paid over or
assigned,give to the BUYER a credit against the purchase price, on delivery of the deed, equal to
said amounts so recovered or recoverable and retained by the holder of the said mortgage less
any amounts reasonably expended by the SELLER for any partial restoration.
13. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a
OF DEED full performance and discharge of every agreement and obligation herein contained or expressed, except
such as are,by the terms hereof,to be performed after the delivery of said deed.
14. USE OF To enable the SELLER to make conveyance as herein provided,the SELLER may, at the time of delivery
MONEY TO of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or
CLEAR TITLE interests, provided that all instruments so procured are recorded simultaneously with the delivery of said
deed.
All risk is to remain with Seller until time of closing.
15. INSURANCE Until the delivery of the deed,the SELLER shall maintain insurance on said premises as follows:
'Insert amount Type of Insurance Amount of Coverage
(list additional
types of insurance (a) Fire and Extended Coverage $
and amounts as (b)
agreed)
16a ADJUSTMENTS .,Collected rents mortgage interest,water and sewer use charges,operating expenses(if any) according to
(6st opefahng ex- ithe schedule attae 1 OJbreto or set forth below, and taxes for the then current fiscal year, shall be ap-
pe ses,k�fany-orl, ;podioned and fuel qaI& shall be adjusted, as of the day of performance of this agreement and the net
att pW'hdujl�gJ t= amount(iherdgf`sfiall be added to or deducted from, as the case may be, the purchase price payable by
BU1�R ' time of delivery of the deed. Uncollected rents for the current rental period shall be
an
apportioned itwhen collected by either party.
17. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed,they shall be apportioned
OF UNASSESSED on the basis of the taxes assessed for the preceding fiscal year, with a reapportionment as soon as the
AND new tax rate and valuation can be ascertained; and, if the taxes which are to be apportioned shall there-
ABATED TAXES after be reduced by abatement, the amount of such abatement, less the reasonable cost of obtaining the
same,shall be apportioned between the parties, provided that neither party shall be obligated to institute or
®® prosecute proceedings for an abatement unless herein otherwise agreed.
l�B� r tsional services of
in �du ro e LAR to -
Ila unt
t I
name of Brokerage
firm(s)) the Broker(s) herein, but if the SELLER pursuant to the terms of clause 21 hereof retains the deposits
made hereunder by the BUYER, said Broker(s) shall be entitled to receive from the SELLER an amount
Eequal to one-half the amount so retained or an amount equal to the Broker's fee for professional services
®® ct,whichever is the lesser.
19. O Le ke � erein
rr (s) t t e Broker(s)is(are)duly licensed as such by the Commonwealth of Massachusetts.
na Ezi,
20. DEPOSIT All deposits made hereunder shall be held f4�Xt0 Seller
(fill in name) subject to the terms of this agreement and shall be duly accounted for at the time for
pe ormance o t is agreement.
21. BUYER's If the BUYER shall fail to fulfill the BUYER's agreements herein, all deposits made hereunder by the
DEFAULT, BUYER shall be retained by the SELLER as liquidated damagesX K�brii KoX'�
DAMAGES
Seller is entitled to specific performance under this contract.
412# E EB rTWok
�p�ise hereby agrees to join in said deed and to release and convey all statutory and
U �ointerests in said premises.
I. ,.
23' BFO1S
IMIT, a��herein join(s) in this agreement and become(s) a party hereto, insofar as any provi-
/{AR mreement expressly apply to the Broker(s),and to any amendments or modifications of such
Qich the Broker(s)agree(s)in writing.
24. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the
TRUSTEE, principal or the estate represented shall be bound, and neither the SELLER or BUYER so executing, nor
SHAREHOLDER, any shareholder or beneficiary of any trust, shall be personally liable for any obligation, express or implied,
BENEFICIARY,etc. hereunder.
25. WARRANTIES AND The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has
REPRESENTATIONS he relied upon any warranties or representatigns not set forth or incorporated in this agreement or re-
fill in);if none, viously made in writing, f
state "none';if
any listed,indicate
by whom each war-
ranty orrepresen-
tation was made
41nffT!`
AGE In order to help finance the acquisition of said premises,the BUYER shall apply for a conventional bank or
® CY other institutional mortgage loan of$ at prevailing rates,terms and conditions.
espite the BUYER's diligent efforts a commitment for such loan cannot be obtained on or before
/or o t S wh S ny ments made under this agreement shall be forthwith refunded and all other
Purchase) ON do of the parties hereto shall cease and this agreement shall be void w thcut recourse to the
parties . In no event will the BUYER be deemed to have used diligent efforts to obtain such
commitment unless the BUYER submits a complete mortgage loan application conforming to the foregoing
provisions on or before 19_
27. CONSTRUCTION This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, is to
OF AGREEMENT take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and
enures to the benefit of the parties hereto and their respective heirs, devisees, executors, administrators,
successors and assigns, and may be cancelled, modified or amended only by a written instrument
executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their
obligations hereunder shall be joint and several. The captions and marginal notes are used only as a
matter of convenience and are not to be considered a part of this agreement or to be used in determining
the intent of the parties to it.
as- 1 L tA�;, �' r!,ae
'ir fid that, under Massachusetts law, whenever o child or children under six years of
r de a r idential premises in which any paint plaster or other accessible material contains
ge us of lead, the owner of said premises must remove or cover said paint, plaster or other
6 ( ted so make ff inaccessible to children under six years of age.
21 A K _ It tile time of the delivery of the deed, deliver a certificate from the fire department of
D E rTialed
Ens,
said premises are located stating that said premises have been equipped with
3app detectors in conformity with applicable law.
30. ADDITIONAL The if any,attached hereto,are incorporated herein by reference.
PROVISIONS
See attached Addendum A which is incorporated herein as a part of this
contract
FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978,BUYER MUST ALSO HAVE SIGNED
LEAD PAINT"PROPERTY TRANSFER NOTIFICATION CERTIFICATION"
NOTICE:This is a legal)document that creates binding obligations.If not understood,consult an attorney.
ELLE p�J(oo�sse) (7/ SELLER
BUYER BUYER
Broker(s)
EXTENSION OF TIME FOR PERFORMANCE
Date
The time for the performance of the foregoing agreement is extended until o'clock_M.on
the day of 19_time still being of the essence of this agreement as extended.
In all other respects,this agreement is hereby ratified and confirmed.
This extension,executed in multiple counterparts,is intended to take effect as a sealed instrument.
SELLER(or spouse) SELLER
BUYER BUYER
Broker(s)
Addendum A:
1. Buyer represents and warrants that no security for the said Road A is due to Buyer from Seller under
M.G.L.Chapter 41 Section 81-4U or any other provisions of the subdivision control law or municipal
ordinances.
2. The City acknowledges that this is not a construction project,but a land acquisition project,whereby
the City will purchase the road. As a land acquisition project,this project is not subject to any Federal,
State or local prevailing wage laws.
3. At the time of the final acquisition of the land by the City of Salem set forth in paragraph two above,
the City of Salem shall record a betterment agreement for the amount of$200,000 in a form sufficient
to secure repayment of$200,000 as Seller sells remaining 17.6 acres abutting the property(Lot 702).
Repayment will be$11,363.64 per acre as sold.
SalemAdd/PB/AW
I
CITY OF SALEM, MASSACHUSETTS
PLANNING DEPARTMENT
WILLIAM E. LUSTER �-� ONE SALEM GREEN
City Planner \Ism I�a 01970
(508) 745EXT. 311
FAX (508)08) 744-5918
TO: Norm LaPointe
cc: Peter Caron
�
FROM: Beth Deb�lYi%
RE: ADDRESSES AT TECHNOLOGY WAY
DATE: March 6, 1996
The postmaster has rejected our plan for assigning addresses at Technology Way,
objecting to the placement of Zero Technology Way on the left side of the road.
We have amended the plan as indicated below:
Lot 720: This lot will have a Swampscott Road address only.
Lot 724: Thermal Circuits, One Technology Way
Lot 728: Two Technology Way and, if subdivided, Four Technology Way
Lot 727: Six Technology Way
Lot 726: If developed, this lot will have a Swampscott Road address.
Note that there is no Zero Technology Way.
Please submit this revised plan to the postmaster at your earliest possible convenience.
Thank you.
mathe=al\addmss3.wpd
I� f
MASSACHUSETTS OUITCLAM DEED BV CCR P ATION (SHO T FORM) B89
y
I-�SSE:< SOUTH REGISTRY DISTRICT
Fafard Real Estate and Development Corp.
a corporation duly established under the laws of the Commonwealth oflMassachusetts I
_2Q Street, Ashland, MidW@Vsey.3
jM
and having its usual place of-business at l
i--- ass achuset ts
iECIEVED 0'5t_O(- f�t� -allars
for consideration paid, and in full consideration of . Four Hundred Fifty T ousan an UIIT2U�
8450 000.00) 'I E' iS T RATION SK
gY2ntstb The City of Salem, Massachusetts a municipal Corporation
of 93 Washington Street, Salem, MA 01970
with quiftluitu tnueutlnfu
the land in Salem, Essex County, Massachusetts, described as follows:
(Description and encumbrances, if any)
fit tuftr e tn4prellf, thesaid Fafard Real Estate and Development Corp.
has caused its corporate seal to be hereto affixed and these presents to be signed, acknowledged and delivered
in its name and behalf by Howard A. Fafard its President and Treasurer
i�§K hereto duly authorized, this a q rV)
September of
daY Se p ninety—five
in the year one thousand nine hundred and
Sig�and sealed in presence of Fafard Real Estate and Development Corp.
. . . .......
Pao*_
. . ................
by. Howard A. Fafard, President and Treasurer
C114P (nunllulinwr fill rlf MaBo lrl1uuefts
Middlesex ss. September Zq1 19 95
Then personally appeared the above named Howard A. Fafard, President and Treasurer
and acknowledged the foregoing instrument to be the free act and deed of the Fafard Real Estate and
Development Corp.
I efore me
...............— ..........I..............
Notary
Puhlic.---i/u.slirc of the Pevrc
My convnissiuu ccpires . ... .....`(�...'.../(/`�7 .... ........ 19
CHAPTER 163 SEC. 6 AS AMENDED BY CHAPTER 197 Of 1969
Every deed presented for record shall contain or have endorsed upon it the full name, residence and post office address of rhe grantee and
a recital of the amount of the full consideration thereof in dollars or the nature of the other cunsiderntion therefor, if not delivered for a
specific monetary sum. The full consideralinn shall mean the total price for the conveyanre widhout deduction for any liens or rnn oehrana•.
assumed by IIIc grantee or remaining lhercon. All such cudnrscments and reciods shall be rcrnnlcd as part of the decd, Milne . r'•' •�•i;b
this:onion shall not ntfect dle validity of :viy decd.
No register of deeds shall armpt a Jerd f��r recording unless it i, in ton;,I .'.:l lite
requirements of this section.
l�
EXHIBIT"A"
That certain parcel of land in Salem, Essex County, Massachusetts, located on
Technology Way and shown as Lot 723 and as "Technology Way" shown on a plan
of land entitled:
Subdivision,of Lot 698 Land Court Case No. 11802 Definitive Plan of
Land in Salem, MA Owner: Fafard Real Estate and Development
Corp., 290 Eliot Street, Ashland, MA 01721, Prepared by: Fafard
Real Estate and Development Corp., 290 Eliot Street, Ashland, MA
01721, Date: 24 March 1995, Scale: 1" = 100' recorded with the
Land Court Engineering Department on Q&4o6Q! 1995 as
Plan No. 11802 - 54.
Grantor, its successors and assigns, reserves the right and easement, is common
with those lawfully entitled thereto, to use Lot 723, "Technology Way", as shown
on said plan, for all purposes as streets, roads and ways are commonly used in the
Commonwealth of Massachusetts.
The lot herein conveyed is subject to easements, restrictions and rights of way of
record, if any, as the same are now in force and applicable.
The lot herein conveyed is not all or substantially all of the Grantor's assets in the
Commonwealth of Massachusetts.
For title see Certifcate 62422 Essex South District of the Land Court.
fo ms/Salex723 LAND �pl RT ��T��ON, The lana
herein`$ YT be shown on
our approved plan to follow as
OCT 25 1995; /""�"
Plan 110 ?E5450t ' Z7_f( e) klp
(M4.1JED AS TO DES%HP17011 ORY)
Louis A Moxa �uzua>t
FAFARD REAL ESTATE & DEVELOPMENT CORPORATION
290 Eliot Street
Ashland, MA 01721
INVOICE
July 19, 1995
TO: The City of Salem
AMOUNT: $20,000
DESCRIPTION: Deposit for purchase of road and infrastructure at Technology Way off of
Swampscott Road in Salem
DATE DUE: July 24, 1995
FAFARD REAL ESTATE & DEVELOPMENT CORPORATION
290 Eliot Street
Ashland, MA 01721
INVOICE
July 19, 1995
TO: The City of Salem
AMOUNT: $200,000
DESCRIPTION: Second of three payments for purchase of road and infrastructure at
Technology Way off of Swampscott Road in Salem
DATE DUE: August 7, 1995
FAFARD REAL ESTATE & DEVELOPMENT CORPORATION
290 Eliot Street
Ashland, MA 01721
INVOICE
July 31, 1995
TO: The City of Salem
AMOUNT: $230,000
DESCRIPTION: Third of three payments for purchase of road and infrastructure at
Technology Way off of Swampscott Road in Salem
DATE DUE: September 7, 1995