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SALEM INN RESTORATION AGREEMENT � 5-9 Summer Street - The Salem Inn. AGREEMENT (D. Pabich) AGREEMENT w THIS AGREEMENT, made'this :: ; 31 day of May, 1983 by and between Diane G. Pabich and Richard J. Pabich owners• of s land and buildings located at 5-9 Summer Street, Salem, Massachusetts,(hereinafter referred to as OWNER) , the CITY OF SALEM, a municipal corporation (hereinafter) referred to as "CITY") , and the SALEM REDEVELOPMENT AUTHORITY, a public body, politic and corporate duly organized and existing pursuant to the provisions of the Housing & Urban Renewal Law of the Commonwealth of Massachusetts and having its usual place of business in Salem, (hereinafter referred to as. "AUTHORITY") WHEREAS, the OWNER is the record title Owner of fee simple title to real property situated at 5-9 Summer Street, Salem, (see Essex South District Registry of Deeds, Book 7042 Page 268 - see attached Exhibit "A") , on which there is situated a structure of architectural significance; and WHEREAS, said real property is located in the Urban Renewal Project Area known as and referred to as Heritage Plaza-West Urban Renewal Area within the City of Salem; and WHEREAS, the CITY and the AUTHORITY have executed a Cooperation Agreement, dated March 7, 1979 in which the CITY delegates 4to the AUTHORITY, and the AUTHORITY agrees to undertake1responsibilities with regard to the implementation of Heritage Plaza-West Urban Renewal Project, and _1_ h 1 1 ' WHEREAS, the AUTHORITY has prepared an Urban Renewal Plan for the said Urban Renewal Project Area which contains standards for exterior appearance to be imposed on all structures designated for historic and/or architectural preservation requiring, among other things, the acquisition and/or retention of facade easements over individual properties by the AUTHORITY as a stimulus to preservation activities. NOW. THEREFORE, in recognition of the foregoing and in consideration of the premises, mutual promises, obligations, covenants and restrictions hereinafter defined, the parties hereto agree as follows: ARTICLE I: Design Review and Rehabilitation Program The OWNER shall furnish, perform, and complete all work in accordance with the SCOPE OF WORK FOR 5-9 Summer St. attached as Exhibit "B" which has been approved by the AUTHORITY. Any addition, improvement, alteration, repair or service furnished or installed upon or in connection with the exterior of the structure shall be performed in a good workmanlike manner. ARTICLE II: DEED OF EASEMENT Upon completion of the work, the OWNER agrees to execute and obtain the necessary assents to the Deed of Easement attached hereto as Exhibit "C", which instrument is to be recorded with said Registry of Deeds. In consideration of the grant of the Deed of Easement, the CITY agrees to pay to the OWMER a sum 50% of the construction costs of' the Scope of Work (Exhibit B) but not to exceed $22,000 and 00/100 Dollars_ Said sum shall be paid only upon completion of the work to the satisfaction and approval of the AUTHORITY, however progress payments may be made under the terms of this Agreement. -2- ARTICLE III: Timetable for Construction Rehabilitation work shall commence on or before May 1, 1983 and shall be completed no later than eight (8) months from the date of commencement of work unless prevented by strike, accident, weather or other reasonable cause in which case the parties shall negotiate a time extension. ARTICLE IV: Changes in Work Any changes in the scope of work described in Article I above shall be submitted by the OWNER to the AUTHORITY prior to the change being made by the OWNER. The AUTHORITY shall give written notice approving said changes and stating reciprocal changes in other aspects of this Agreement, including the amount of the grant or shall reject such changes and shall state the reasons for ouch rejection. ARTICLE V: Final Approval of Construction The AUTHORITY reserves the right to make inspection of the completed construction and to require remedial action by the OWNER when construction is not in compliance with the work described and referenced to in Article I of this Agreement the AUTHORITY, as agent of the City, shall also have the right to require of the OWNER any records or documents as may be necessary to verify the final construction cost. ARTICLE VI: Noncompliance by the Owner In the event the OWNER does not faithfully meet his obligations under this Agreement, the AUTHORITY and the CITY shall have the right to reduce or abolish the CITY's contribution under Article II of this Agreement- -3- .. o ARTICLE VM Time and Manner of Payment The OWNER shall submit written notice of completion to the A i 1HIORI'TY. The AUTHORITY shall within fourteen (14) days from the date.of receipt of said Notice make its determination under Article V herein. The CITY upon the issuance of final approval by the AUTHORITY, shall reimburse the OWNER in accordance with the provisions of this Agreement within sixty (60) days of the receipt of said - final approval. j . ARTICLE V1IL• Indemnification The OWNER shall assume all risk of and shall save harmless, defend and indemnify the AUTHORITY and the CITY against all acts, claims, demands, liabilities and damages which may in any manner oe imposed on or Incurred by the AUTHORITY or the CITY as a consequence of or arising out of the CP%Y's contribution to the cost of the work caused to be done by the OZ'NER to achieve the rehabilitation of the exterior of said structure. ARTICLE IK: Assignability The OWNER shall not transfer any interest in this Ao_eement without prior written consent of the AUTHORITY and the CITY. ARTICLE Xa Nondiscrimination The OWNER shall not discriminate against any tenant or employee or applicant for tenancy or employment because of race, color, religion, sex, age, or national origin. -4- ARTICLE XI: Amendment Purposes This instrument contains the entire and exclusive agreement between the parties and supersedes and terminates all prior or contemperaneous arrange- ments, understandings, and agreements, either oral or written. This AGREEMENT may not be amended or modified, except by a writing executed in the same manner as herein by all parties. IN WITNESS WHEREOF, the CITY, the AUTHORITY and the OWNER have caused this Agreement to be executed in three original copies on the day and year - - first above written. CI OF SALEM: SALEM REDEVELOPMENT AU7THORITY- can A. Levesque Joan M. Boudreau, Chairman ✓ W. Grego y enko, City Planner OWNERS: Diane G. Pabich Funds have been appropriated for this purpose under Community Development Small Cities (Y,4� Richard J_ aj3-ch ti Richard P. Foley, 'City Auditor rov Las alegal fo and character: Richard W. Stafford, Ci Solicitor -5- _,. .._..> _� 2 PG268 (3K704 KNOW ALL MEN BY THESE PRESENTS that we. JAMES M. - - 17 $OLOVICOS and RAYMOND T. WHITE, Trustees under the Will of late of Salem, in the Cocnty of Essex Margaret Solovicos, a and Commonwealth of Massachusetts (See Essex Probate NO.' 295292) , said Jaxes M. Solovicos being of said Sales and A e, said Raymond T. White being of Peabody,in said County, for ?_ the full consideration of Two Hundred Thirty Thousand - - . (5230,000.00) Dollars, grant to RICHARD J. PA3ICE and - DIANE G. PABICH, as joint tenants, of Marblehead (25 Spray - - Avenue) in said County, with ODITCLAIM COVENANTS, the land, j . with the buildings thereon, situated in said Salem and - 3 bounded and described as follows: Parcel I n y Beginding -at a stone bour.d'on' the Easterly side of _ Y Summer Street, at land now or formerly of David Pingree;. .. thence running S. 82. 33' 40' E. thirty-four and 33/100 (34.33) feet to a corner, thence S. 8. 28' 10` W. tea 1101 g feet to a corner; thence S. 79' 5' 30' E. thirty-one and f 87/100 (31.87) .feet, all by said Pingree land to land now or - formerly of Nettle Carmen; thence S. 80' 19' 50' E" by said e ' Carmen land fifteen and 6/100 (15.06) feet; thence S. 78' - 32' 40' E. eight and 8G/100 (8.86) feet to a.corner; thence S. 12' 1' 20' w. by land now or formerly of Kevic Carmen E forty-seven and 50/100 (47.50) feet to a corner; thence N. 76' 12' 50' 'd, eight and 35/100 (9.35) feet by said Carmen land; thence N. 54. 9' 40' W. nine t9) feett thence N. 73' O 54' S0' W. twenty-five and 91/100 125.91) feet: the last two bounds being by the North wall of the ell of the main house - located on said Carmen land; thence S. 7' 31' W. fifty "c one-hundredths 1.50) of a foot to the centre of the main wall separating the building on said Carmen lard; thence. N. 82. 2' 40' W. through the centre of said wall forty-four and f 29/100 (44.29) feet to Summer Street; thence N. 7' 30' 20' E. by said Surer Street fifty-one and 48/100 (51.481 feet _# to the point of beginning, containing forty-one hundred and - one (4101) square feet, be all of said measurements more or ; - - - less or however otherwise bounded, measured or described. - t For title see Deed of Margaret Solovicos to The Solovicos Trust dated October 28, 1946 and recorded in the z Essex South District Registry of Deeds in Book 3519, Page . 574, said Trust Indenture being dated October 28; 1946, and _ recorded in said Registry of Deeds, Book 3519, Page 576, and Estate of Margaret Solovicos, Essex Probate 1295282, and c Plan entitled, "Plan of the Nathaniel West Estate, Salem, mass. , Scale 1 in.=l0 ft., July, 1924, Thomas A. APPleton, C.E.,' recorded in said Registry, Dook 26G6, Page 231. Parcel I - Beginning at a point on Summer Streetat land now or - late of Solovicos; thence running Southerly by Summer Street on two courses forty-six and 42/200 (46.42) feet to a stake; - g thence running Easterly eighty-two and 09/104 (82.091 feet y. by land now or late of Salem Realty Co., to a stake; thence c running Northerly fifty-four and 20/100 (54.201 feet to land 3 of Solovicos: thence running t:ester'_y eighty-seven and z 49/100 (37.49) feet to the point of be ginn:rg. by land of . SOlov;cos. 5 t, k BK7042 PG269 t Subject to a right of way ten (10) feet wide along the _ Southerly side line of the Lot herein conveyed. ±, ?I Being the first described parcel in deed of Milton Carmen, et als, Trustees of the Lafayette Trust to Manuel T. Solovicos and Margaret Solovicos, husband and wife, as ter.ants by the entirety, dated Septerv5er 19, 1961 and recorded in said Registry in Book 3819, Page 604. Said Manuel T. Solovicos and said Margaret Solovicos both died in said Sale=, he on October 9, 196:, and she on January 6, 1965, her Lutate bein, P.sccx Probate 3295282. { 5 EXECUTED as a sealed instrument this twonty-seventh day ,) of January, 1983. Trustees a9 atoresald THE COMMONWEALTH OF MASSACIIUSETTS 'T. - Essex, ss. January 27, 1983 - Then personally appeared the above named James M. f Solovicos, Trustee as aforesaid, and acknowledged the - +j foregoing instrument to be his free act and deed, ItD Before me, tOmWWI a �i,yliowary q34"` THI! COYYONWEAT.TH OF MASSACHUSETTS •P�2.Q.. "Y Essex, ss. Then personally appeared the abo a nam d Raymond T. White, Trustee as aforesaid, and acknowledged the foregoing " - :y instrument to be his free act and deed, "' '•..,• .Before me. - Mo m•70vrx 1. R Y.•.• n w: " x�rin• p�eo. Ek )V 41 •hl if 1 ..'.S?Z SS. °�CCrn ni..'�, an%_+9a ii 1 EXHIBIT B, 5-9 SUMMER ST. , SALEM, MASSACHUSETTS SCOPE OF WORK 1. Reconstruct original dormer (#9 -.s. elev.) cutting through existing roof, framing of new dormer. patch to match overall roof treatment, including flash- ing, new 6/6 window, insulating walls and roof, patch to match original window casing. New roof,including drip edges. 2. Repair existing dormers, including removal and replacement of all existing trim. Reshingle sides and roofs_ Paint: . S. elevation - Soder 3. Unify roof treatment. Replacement of underlayment as necessary. Drip edges on a s. elev. Replace chimney flashings as necessary.. Remove existing shingles, re- place with new asphalt. (s. elev) 4. Restore soffit and gutter (s. elev.) 5. Repair and paint porticos (s. elev.) 6. Roof reylacement - front porticos. New roof including new flashing, drip edges, replacement of underlayment as necessary. ` Repairs to fascias.. 7. Replace shutters (e. and s. elev.) . Install and paint black 47 pair of shutters. 8. Restore metalwork (s. elev.) Restoration of icebreak - (s. elev.) Replace pipe hand rails with decorative period railings. Refinish existing metal railings as necessary, including scrape, prime & 2 coats paint. 9. Water clean bricks and granite (s. & e. elev.) 10. Repoint bricks as necessary. Paint trim (s. & e.) 11. Restore basement entry (s. elev.) Remove add-on partitions. Restore roof, including new flashings. New basement entry door. Includes repairs to steps as necessary. Addition of floor drain. 12. Removal of side porches (n,e. elev,) Removal -includes elimination of existing wood egress stairs and porchest removal of second generation roof, Restoration of _ original soffits. Replace with iron fire balconies, -> 'r,. 13. Repaint.window trim. Replace all broken panes. 14. Side entry. (e. elev.) Including new flat roof, columns and railwork to match original, with 5 new steps. In- cluding new entry door hardware. Prime and paint. Exterior Work - Additional 1. Brick pavers on courtyard (e. elev.) Including foundation landscaping (e, elev.) and landscaping along property - boundary. 2. Reposition downspout (s.w. corner) 3. Foundation plantings (s.elev.) Hedge of 17 Hatfield Y yews, pine barc mu c . 4. Exterior ligh, ting. Portico lighting, accent lighting_ Lamp posts (s, and e. elev.) EXHIBIT C THIS DEED OF EASEMENT, is granted by Diane G. Pabich and Richard J. Pabich, Owner (s) of land and building (s) located at 5,7,and 9 Summer Street, Salem, Massachusetts and described and recorded in the Essex South District Registry of Deeds in Book 7042 Page 268, herein- after called the "Grantors" to the SALEM REDEVELOPMENT AUTHORITY, a public body,politic and corporate duly organized and existing pursuant to the provisions of the Housing and Urban Renewal Law of the Commonwealth of Massachusetts, appearing in Massachusetts General Laws, Ter. Ed., Chapter 121B; and having its usual place of business in Salem, hereinafter called the "Authority", its successors and assigns;. WHEREAS, the Grantors have entered into an Agreement dated May 31 . 1983, with the SALEM REDEVELOPMENT AUTHORITY which Agreement requires the grant of the easement herein set forth; and WHEREAS, the Authority has undertaken the Heritage-Plaza-West Urban Renewal Project in the City of Salem, which provides for among other things, the preservation and restoration of historic and architectural _ values associated with structures and areas within the Project Area; and WHEREAS, the said Urban Renewal Project imposes standards for exterior appearance to be imposed on all structures designated for historic and/or architectural preservation requiring, among other things, the acquisition - and/or retention of facade easements over individual properties by the Authority as a stimulus to preservation activities; and WHEREAS, the Grantors are the owners and holders of record of fee simple title to certain real'.proper ty .located in the Urban Renewal Project Area and situated at 5,7,9, Summer Street in said Salem, on which there is situated a structure of architectural significance and value, said premises being bounded and described as follows: Parcel I Beginning at a stone bound on the Easterly side of Summer Street at land. now or formerly of David Pingree; thence running S. 82 degrees 33' 40" E. thirty-four and 33/100 (34.33) feet to a corner; thence S. 8 degrees 28' 10" W. ten (10) feet to a corner; thence S. 79 degrees 5' 30" E. thirty-one and 87/100 (31.87) feet, all by said Pingree land now or formerly of Nettie Carmen; thence S. 80 degrees 19' 50" E. by said Carmen land fifteen and 6/100 (15.06) feet; thence S. 78 degrees 32' 40" E. eight and 86/100 (8.86) feet to'a corner; thence S. 12 degrees 1' 20" W. by land now or formerly of Kevie Carmen forty-seven and 50/100 (47.50) feet to a corner; thence N. 76 degrees 12' 50" W. eight and 35/100 (8.35) feet by said Carmen land; thence N. 54 degrees 9' 40" W. nine (9) feet; thence N. .73 degrees 54" 50" W. twenty-five and 91/100 (25.90) feet; and the last two bounds being by the North wall of the ell of the main house located. on said Carmen land; .thence S. 7 degrees 31' W. fifty one-hundredths (.50) of a foot to the centre of the main wall separating the building on said Carmen land; thence N. 82 degrees 2' 40" W. through the centre of said wall forty-four and 29/100 (44.29) feet to Summer Street; thence N. 7 degrees 30' 20" E. by said Summer Street fifty- one and 48/100 (51.48) feet to the point of beginning, containing forty- one hundred and one (4101) square feet, be all of said measurements more or less or however otherwise bounded, measured or described. For title see Deed of Margaret Solovicos to the Solovicos-Trust dated October 28, 1946 and recorded in the Essex South District Registry of Deeds in Book 3519, Page 574, said Trust Indenture being dated October=28, 1946, and recorded in said Registry of Deeds, Book 3519, Page 576, and Estate of Margaret Solovicos, Essex Probate 41295282, and Plan entitled, "Plan of the Nathaniel Vest Estate, Salem, Mass. , Scale I in = 10 ft. , July 1924, Thomas A. Appleton, C.E. ," recorded in said Registry, Book 2606, Page 231. Parcel II 'i Beginning at a point on Summer Street at land now or late of Solovicos; thence running Southerly by Summer Street on two courses forty-six and . 42/100 (46.42) feet to a stake; thence running Easterly eighty-two and 09/100 (82.09) feet by land now or late of Salem Realty Co., to a stake; thence running Northerly fifty-four and 20/100 (54.20) feet to land of Solovicos; thence running Westerly eighty-seven and 49/100 (87.49) feet to the point of beginning, by land of Solovicos. Subject to a right of way ten (10) feet wide along the Southerly side line of the Lot herein conveyed. For our title, See Book 7042, Page 268. i NOW THEREFORE, in recognition of the .foregoing and in .consideration of the premises, mutual promises, obligations, covenants and restirictions, hereinafter defined, the parties hereto agree as follows: 1. The Grantors do hereby grant and convey to the Authority its agents, successors or assigns an ease in gross (known as a facade easement) over the exterior appearance of the structure situated on the hereinbefore des- cribed premises. The Grantors will furnish and install pursuant to said Agreement dated May 31 1983 upon or in connection with the exterior of the structure all additions, improvements, alterations, repairs, and services in accordance with the construction plan for the rehabilitation, restoration and pre- . servation of the exterior appearance of said structure, which plan is on file in the office of the Building Inspector of the City of Salem and the office of the Authority. The Grantor covenants agrees that the exterior appearance of said structure shall be maintained and preserved in its completed stage. The facade easement herein granted shall further permit the Authority and its representatives, agents and/or employees to enter the property but not the building situated thereon, thereafter whenever and to the extent reasonably necessary for the purpose only of inspection and enforcement of the covenants and the terms of the easement granted herein which the. Authority is hereby entitled to enforce in- any court of competent jurisdiction. In the event of any default or failure, thereafter, on the part of the Grantors to so maintain and preserve the exterior appearance_ of such sturcture, whether in whole or in part, whether by omission or de- parture from the standard and specifications hereinbefore designated, the Authority shall have the right, power and authority at its election, after refusal or neglect by the Grantors to correct such default or failure following a ninety (90) day notice to do so by the Authority, to exercise the Grantors unfulfilled obligations hereunder including the right to remedy any and all defective performance on the Grantor part and to charge the cost thereof to the Grantors. 2. The sturctural changes, alterations, additions, or improvements over the exterior appearance of the structure as would not in the opinion of the Authority fundamentally alter its character or its setting may be made thereto by the Grantors providing that the prior written approval of the Authority to such change, alteration or improvements shall have been obtained, which approval shall not be unreasonably withheld. The Authority shall act upon a written request by the Grantors for such approval within thirty (30) days, it shall be deemed approved. In case of disapproval the Grantors may within thirty (30) days after notice of disapproval re- quest a review of the disapproval by a person of competence and experience in such matters, designated by the Salem Historical Commission or its chairman or acting chairman. The finding of this review shall be binding on the Grantors and the Authority. The cost, if any, of such review shall. - be shared equally by the Grantors and the Authority. 3. In case of damage by fire or other casualty so serious as to cause reconstruction to be reasonably adjudged to be impractical, this easement, together with all covenants, obligations, and restrictions herein recited shall terminate and otherwise shall remain in effect without limit to time. 4. The Authority in its discretion may erect a single marker or sign not exceeding one (1) foot by one (1) foot, which states the name of the Authority and advises that the Authority owns the easement granted herein. 5. The covenants agreed to and the restrictions imposed, as afore- said, shall not only-be binding upon the Grantors but also other successors to them in interest and shall continue as a servitude running with the land in perpetuity with the above-described premises and shall survive any termination of the Authority's existence. All rights reserved herein to the Authority may be exercised, modified, or released by its successors or assigns or by its designee duly authorized in deed or appointment executed by its Chairman. WITNESS our hands and seal this day of WITNESS: Diane G. Pabich Richard J. Pabich ACCEPTED: SALEM REDEVELOPMENT AUTHORITY Y r r , COMMONWEALTH OF MASSACHUSETTS Essex,ss. 1983 Then personally appeared the above-named Diane G. Pabich and Richard J. Pabich and acknowledged the foregoing instrument to be their free act and deed, before me, Notary Public My Commission Expires: This Deed of Easement is assented to by of its interest as holder of a mortgage given to it by dated , 1983, .recorded with Essex South District Registry of .Deeds, Book 7042, Page.268. By COMMONWEALTH OF MASSACHUSETTS Essex, ss. Then personally appeared the above-named and acknowledged the foregoing instrument to be the free act and deed for and on behalf of the (signature) ESSEX SS. RECORDED: 1983 m. past _ m. I14ST I BK7042 PG268 BK7042 PG269 KNOW ALL MEN BY THESE PRESENTS that we, JAMES M. SOLOVICOS and RAYMOND T. WHITE, Trustees under the Will of ta� Subject to a right of way ten 110) feet wide along the - Margaret Solovicos, late of Salem, in the County of Essex <--'*- 6 Southerly side line of the Lot herein conveyed. Being the first described parcel in deed of Milton and Commonwealth Of Massachusetts ISee Essex Probate No, ' Carmen, et als, Trustees of the Lafayette Trust to Manuel T. ,�'• Solovicos and Margaret Solovicos, husband and wife, as 295282) , said James M. Solovicos being of said Salem and -� ., tenants by the entirety, dated September 19, 1961 and said Raymond T. white being of Peabody in said County, for recorded in said Registry in Book 4819, Page 404. -` ¢" Said Manuel T. Solovicos and said Margaret Solovicos the full consideration of Two Hundred Thirty Thousand ,' ' both died in said Salem, he on October 9, 1964, and she on + January 4, 1968, her Estate being Essex Probate 1295282. 15230,000.001 Dollars, grant to RICHARD J. PABICH and DIANE G. PABICH, as joint tenants, of Marblehead 125 SprayEXECUTED as a sealed instrument this twenty-seventh day Avenue) in said County, with QUITCLAIM COVENANTS, the land, of January, 1983. with the buildings thereon, situated in said Salem and bounded and described as follows: f ttt Trustees as aforesaid Parcel I THE COMMONEAL N OF MA W T MASSACHUSETTS S y Essex, as. January 27, 1983 - - - - - Be indin It a stoke'bol4nd'on`the Easterly side o 9 e f Y " Summer Street at land now or formerly of David Pingreet Then personally appeared., the above named James N. thence running S. 820 33' 40' E. thirty-four and 33/100. (34.33) feet to a corner; thence S. e• 28' 10' W.. tan (101 Solovicos. Trustee as aforesaid, and acknowledged the feet to a corner, thence S. 79° 5' 30' E. thirty-one and 87/100 (31.87) feet, all by said Pingree land to land now or _ _ foregoing instrument to be his free act and deed, formerly of Nettie Carmen; thence S. 801 19' 50' E. by- said `Carmen land fifteen and 6/100 (15.06) feet; .thence S. 78° r'^"""►w 32. 40• E. eight and 86/100 (8.86) feet to a.corner, thence a+°•(iIOHO '`+ S. 12. 1' 20' W. by land now or formerly of Eevic Carmen Before me, � t,P... ''�• '•. forty-seven and 50/100 (47.50) feet to a corner; thence N. etuRv 76° 12' 50' W. eight and 35/100 (8.35} feet by said Carmen Is vonv - land, thence N. 54. 91 40' W. nine 19) feet, thence N. 73• Nx L'PIM NoWary P 54' SO- W. twenty-five and 91/100 (25.91) feet; the last two = q Q use bounds being by the North wall of the ell of the main house THE COMMONWEALTH OP MASSACHUSETTS �., ... _ located on said Carmen land; thence S. 79 31' W. fifty Essex, as. •., acr. - one-hundredths (.50) of a foot to the centre of the main b•r�'�tal " wall separating the building on said Carmen land; thence N. Then personally appeared the abode nam d Raymond T. 82. 21 40' W. through the centre of said wall forty-four and 29/100 (44.29) feet to Sumner Street, thence N. 7. 30' 20' White, Trustee as aforesaid, and acknowledged the foregoing E. by said Summer Street fifty-one and 48/100 (51.48) feet to the point of beginning, containing forty-one hundred and instrument to be his free act and��1 deed, �10ry 'i one 141011 square feet, be all said measurements more or ,. y•� less or however otherwise bounded, Before me, measured or described. For title see Deed of Margaret Solovicos to The - . Solovicos Trust dated October 28, 1946 and recorded in the t Notiary Pu Essex South District Registry of Deeds in Book 3519, Page - ?jv`; 574, said Trust Indenture being dated October 28, 1946, and m.a; :r:,'�4' vl7eo7�'� V " recorded in said Re gistry of Deese, Book 3519, Page 576, and 4aa " Estate of Margaret Solovicos, Essex Probate 1295282, and 9w. iter Plan entitled, 'Plan of the Nathaniel West Estate, Salem, ( ,, Mass., Scale 1 in.-IO ft., July, 1924,. Thomas A. Appleton, , C.E.,' recorded in said Registry, Book 2606, Page 231. "' vnr4 Parcel II Beginning at a point on Summer Street at land now or late of Solovicos; thence running Southerly by Summer Street on two courses forty-six and 42/100 (46.42) feet to a stake, thence running Easterly eighty-two and 09/100 (82.09) feet " by land now or late of Salem Realty Co., to a stake; thence running Northerly fifty-four and 20/100 (54.20) feet to land Of Solovicos; thence running Westerly eighty-seven and 49/100 (87.49) feet to the point of beginning, by land of - Solovicos. '//� -2- ,SEESs. P,EL'OfiDED, PAST, 9 U. IRST4.r 9� . t 193 i KNOW ALL MEN BY THESE. PRESENTS that we, JAh1E.S M. i SOLOVICOS and RAYMOND T. WHITE., Trustees under the Will of Margaret Solovicos, late of Salem, in the County of Essex and Commonwealth of Massachusetts (See- Essex Probate No, 295282) , said James M. Solovicos being of said Salem and f] a said Raymond T. White being of Peabody in said County, for M o i� z the full consideration of Two Hundred Thirty Thousand U ? ($230 ,000.00) Dollars, grant to RICHARD J. PABICH and ar a I1A ¢ w DIANE G. PABICH, as joint tenants, of Marblehead (25 Spray .. Avenue) in said County, with QUITCLAIM COVENANTS , /the land , with the buildings. thereon, situated in said Salem and bounded and described as follows : Parcel I Beginning at a stone bound on the L'asterly side of Summer Street at land now or formerly of David Pingree; thence running S. 820 33 ' 40" E. thirty-four and 33/100 (34 .33) feet to a corner; thence S. 80 28 ' 10" W. ten ( 10) feet to a corner; thence S. 790 5 ' 30" E. thirty-one and 87/100 (31.87) feet, all by said liingree land to land now or formerly of Nettie Carmen; thence S. 80° 19' 50" E. by said Carmen land fifteen and 6/100 (15. 06) feet; thence S. 78' 32 ' 40" E. eight and 86/100 (8 . 86) feat to a corner; thence S. 12' 1 ' 20" W. by land now or formerly of Kevic Carmen forty-seven and 50/100 (47 .50) feet to a corner; thence N_ 760 12 ' 50" W. eight and 35/100 (8 . 35) feet by said Carmen land; thence N. 540 9 ' 40" W. nine (9) feet; thence N. 730 54 ' 50" W. twenty-five and 91/100 (25 .91) feet; the last two bounds being by the North wall of the ell of the main house located on said Carmen land; thence S. 7° 31' W. fifty one-hundredths ( . 50) of a foot to the centre of the main wall separating the building on said Carmen land; thence N. 820 2 ' 40" W. through the centre of said wall forty-four and 29/100 (44 .29) feet to Summer Street; thence N. 70 30 '20" E. by said Summer Street fifty-one and 48/100 (51.48) feet to the point of beginning, containing forty-one hundred and one .(4101) square feet, be all-of said measurements more or less or .however otherwise bounded, measured or described. For title see Deed of Margaret Solovicos to The Solovicos Trust dated October 28 , 1946 and recorded in the Essex South District Registry of Deeds in Book 3519 , Page 574 , said Trust Indenture being dated October 28 , 1946 , and recorded in said Registry of Deeds, Book 3519 , Page 576 , and Estate of Margaret Solovicos, Essex Probate #295282 , and Plan entitled, "Pian of. the Nathaniel Fest Estate, Salem, Mass'. , -Scale- l -in.=10 ft. , July, 1924 , Th^teas A. Appleton, C.E. , " recorded in Said Registry, Book 2606, Page 231. Parcel II Beginning at a point on Summer Street at land now or late of Solovicos; thence running Southerly by Summer Street on two courses forty-six and 42/100 (46 . 42) feet to a stake; thence running Easterly eighty-two and 09/100 (82. 09) feet by land now or late of Salem Realty Co. , to a stake; thence running ."Northerly fifty-four and 20/100 (54 . 20) feet to land of Solovicos; thence running Westerly eighty-seven and 49/100 (87 . 49) feet to the point of beginning, by land of Solovicos. Subject to a right of way ten (10) feet wide along the Southerly side line of the Lot herein conveyed." Being the first described parcel in deed of Milton Carmen, et als, Trustees of the Lafayette Trust to Manuel T. Solovicos and Margaret Solovicos , husband and wife, as tenants by the entirety, dated September 19, 1961 and recorded in said Registry in Book 4819 , Page 404 . Said Manuel T. Solovicos and said Margaret Solovicos both died in said Salem, he on October 9, 1964 , and she on January 4 , 1968 , her Estate being Essex Probate #295282. EXECUTED as a sealed instrument this twenty-seventh day of January, 1983. Trustees as aforesaid THE COMMONWEALTH OF MASSACHUSETTS Essex, ss. January 27, 1983 Then personally appeared the above named James M. Solovicos, Trustee as aforesaid, and acknowledged the 1 foregoing instrument to be his free act and deed, i Before me, t Notary Public THE COMMONWEALTH OF MASSACHUSETTS i Essex, ss. +83 S' Then personally appeared the above named Raymond T. White, Trustee as aforesaid, and acknowledged the foregoing instrument to be his free act :and deed, Before me, k Notary Public E a. { 6: -2- 5 EXHIBIT B; 5•9 SUMMER ST. , SALEM, MASSACHUSETTS SCOPE OF WORK 1. Reconstruct original dormer (#9 - s. elev.) cutting through existing roof, framing of new dormer. patch to match overall roof treatment, including flash- ing, new 6/6 window, insulating walls and roof, patch to match original window casing. New roof,including drip edges. 2. Repair existing dormers, including removal and replacement of all existing trim. Reshingle sides and roofs. Paint: S. elevation - Summer 3. Unify roof treatment. Replacement of underlayment as necessary. Drip edges on a s. elev. Replace chimney flashings as necessary. Remove existing shingles, re- place with new asphalt. (s. elev) 4. Restore soffit and gutter (s. elev.) 5. Repair and paint porticos (s, elev.) 6. Roof replacement - front porticos. New roof including new flashing, drip edges, replacement of underlayment as necessary. Repairs to fascias. 7. Replace shutters (e. and s. elev.) . Install and paint black 47 pair of shutters. 8. Restore metalwork (s. elev.) Restoration of icebreak (s. elev.) Replace pipe hand rails with decorative period railings. Refinish existing metal railings as necessary, including scrape, prime & 2 coats paint. 9. Water clean bricks and granite (s. & e. elev.) i 10. Repoint bricks as necessary. Paint trim (s. & e.) 11. Restore basement entry (s. elev.) Remove add-on partitions. Restore roof, including new flashings. New basement entry door. Includes repairs to steps as necessary. Addition of floor drain. 12. Removal of side porches (n,e, elev,) Removal -includes ;, elimination of existing wood egress stairs and porches? removal of second generation roof, Restoration of „ original soffits. Replace with iron fire balconies, 13. Repaint,window trim. Replace all broken panes. 14. Side entry. (e. elev.) Including new flat roof, columns andrailwork to match original, with 5 new steps. In- cluding new entry door hardware. Prime and paint. Exterior Work - Additional 1. Brick pavers on courtyard (e- elev.) Including foundation landscaping (e. elev.) and landscaping along property boundary. 2. Reposition downspout (s.w. corner) 3. Foundation plantings (s.elev.) Hedge of 17- Hatfield yews, pine bar mu c . 4. Exterior lighting. Portico lighting, accent lighting. Lamp posts (s. and e. elev.) �..... i 0 . 00 * I 1 350 • 00 + 50 . 00 + 520 . 00 + j 80 . 00 + it 4100 . 00 + 50 . 00 + 1730 . 00 + 900 . 00 + 472 . 00 + I 96 . 00 + l 50 . 00 + 98 • 00 + 1385 . 00 + r 2176 . 00 + 48 . 00 + 254 . 00 + 244 . 00 + 525 . 00 + 350 . 00 + 40 . 00 + 42 . 00 + 120 . 00 + 148 . 00 + 1011 . 00 + 125 . 00 + 9295 . 00 + 725 . 12 + 25984 . 12 * I 25984. 12 2 . 00 � I 12992 . 06 * ` y r� 13. Milestones (continued) Indicate the time period required to complete each milestone by entering the , beginning and completion dates under the appropriate month. Then draw a '.horizontal bar beginning at , the day/month you anticipate beginning that milestone, and ending with the day/month that you anticipate completing that milestone. (For example: If you plan your first .activity to begin June 5 and be {, completed by August 20, you would draw your bar as shown below). o' t:t Qtr 2nd Qtr 3rd Qtr A M J J A 5 12. ... S S 3 9 - If the anticipated completion date fora milestone will extend beyond the 8th Qtr., enter the completion date in the blank column to the right of the form, and explainon an attached sheet. - Repeat these procedures for each milestone and, Planning ' and. Urban Environmental Design Administration onLngeneles, mount—Enter .t to amount o u s ovate for planning and urban environmetal design, administration, and `contingencies.. [Note: Contingencies. should normally be prorated over. the life of the program. However, if the .applicant has reasons to plan the use of contingencies differently, this is acceptable.] Do not include the amount allocated for audit in this item. Enter the anticipated quarterly drawdown for these expenses, by quarter. Cumulative $ Drawn Down—In the column Amt., enter the total amount of CDBG funds allocated for all activities for.this project. •If a continuation sheet is used, enter the total amount for all activities from all pages on the first page only. Then, beginning with :the first quarter, give the total amount of funds entered to be drawn down for the first quarter for all activities in the project. Include in the total the amounts entered for Item 14. For the second quarter, and each succeeding quarter, give the cumulative total amount of funds entered to be drawn down by quarter, for all activities in the project. Include in the . totals the amounts entered for Item 14. If a continuation sheet is used, enter. on the first page only, the cumulative totals by quarters, from all pages, for this project. For each project that has more than two activities use additional sheets of the. Program Schedule . Continuation Sheet Form HUD-4045-1. If you use the continuation sheet, number each page 1 of 2, 2 of 2, etc., as appropriate. 5- 0 sz© o / �`i y/oo / z� 5-v ?e� - � (3 oo `7 zS - �i7z 9G so 9 � `76 ye Z s-q 5zS" �so yz AGREEMENT THIS AGREEMENT, made this day of May, 1983 by and between Diane G. Pabich and Richard J. Pabich owners of land and buildings located at 5-9 Summer Street, Salem, Massachusetts,(hereinafter referred to as OWNER) , the CITY OF SALEM, a municipal corporation (hereinafter) referred to as "CITY") , and the SALEM REDEVELOPMENT AUTHORITY, a public body, politic and corporate duly organized and existing pursuant to the provisions of the Housing & Urban Renewal Law of the Commonwealth of Massachusetts and having its usual place of business in Salem, (hereinafter referred to as "AUTHORITY") . . WHEREAS, the OWNER is the record title Owner of fee simple title to real property situated at 5-9 Summer Street, Salem, (see Essex South District Registry of Deeds, Book 7042 Page 268 - see attached Exhibit "A") , on which there is situated a structure of architectural significance; and WHEREAS, said real property is located in the Urban Renewal Project Area known as and referred to as Heritage Plaza-West Urban Renewal Area within the City of Salem, and WHEREAS, the CITY and the AUTHORITY have executed a Cooperation Agreement, dated March 7, 1979 in which the CITY delegates to the AUTHORITY, and the AUTHORITY agrees to undertake responsibilities with regard to the implementation of Heritage Plaza-West Urban Renewal Project, and ^1- WHEREAS. the AUTHORITY has prepared an Urban Renewal Plan for the said Urban Renewal Project Area which contains standards for exterior appearance to be imposed on all structures designated for historic and/or architectural preservation requiring, among other things, the acquisition and/or retention of facade easements over individual properties by the AUTHORITY as a stimulus to preservation activities. NOW. THEREFORE, in recognition of the foregoing and in consideration of the premises, mutual promises, obligations, covenants and restrictions hereinafter defined, the parties hereto agree as follows: ARTICLE I: Design Review and Rehabilitation Program The OWNER shall furnish, perform, and complete all work in accordance with the SCOPE OF WORK FOR 5-9 Summer St. attached as Exhibit "B" which has been approved by the AUTHORITY. Any addition, improvement, alteration, repair or service furnished or installed upon or in connection with the exterior of the structure shall be performed in a good workmanlike manner. ARTICLE II: DEED OF EASEMENT Upon completion of the work, the OWNER- agrees to execute and obtain the necessary assents to the Deed of Easement attached hereto as Exhibit "C", which instrument is to be recorded with said Registry of Deeds. In consideration of the grant of the Deed of Easement, the CITY agrees to pay to the OWNER a sum 50% of the construction costs of the Scope of Work (Exhibit B) but not to exceed $22,000 and 00/100 Dollars. Said sum shall be I paid only upon completion of .the work to the satisfaction and approval of the AUTHORITY, however progress payments may be made under the terms of this Agreement. -2- ARTICLE III: Timetable for Construction Rehabilitation work shall commence on or before May 1, 1983 and shall be completed no later than eight (8) months from the date of commencement of work unless prevented by strike, accident, weather or other reasonable cause in which case the parties shall negotiate a time extension. ARTICLE IV: Changes in Work Any changes in the scope of work described in Article I above shall be submitted by the OWNER to the AUTHORITY prior to the change being made by the OWNER. The AUTHORITY shall give written notice approving said changes and stating reciprocal changes in other aspects of this Agreement, including the amount of the grant or shall reject such changes and shall state the reasons for guch rejection.. ARTICLE V: Final Approval of Construction The AUTHORITY reserves the right to make inspection of the completed construction and to require remedial action by the OWNER when construction is not in compliance with the work described and referenced to in Article I of this Agreement the AUTHORITY, as agent, of the City, shall also have the right to require of the OWNER any records or documents as may be necessary to verify the final construction cost. ARTICLE VI: Noncompliance by the Owner In the event the OWNER does not faithfully meet his obligations under this Agreement, the AUTHORITY and the CITY shall have the right to reduce or abolish the CITY's contribution under Article II of this Agreement. _3^ S ARTICLE VIL• Time and Manner of Payment The OWNER shall submit written notice of completion to the AUTHORITY. The AUTHORITY shall within fourteen (14) days from the date.of receipt of said Notice make its determination under Article V herein. The CITY upon the issuance of final approval by the AUTHORITY, shall reimburse the OWNER in accordance with the provisions of this Agreement within sixty (60) days of the receipt of said . final approval. ARTICLE VIII:- Indemnification The OWNER shall assume all risk of and shall',save harmless, defend and indemnify the AUTHORITY and the CITY against all acts, claims, demands, liabilities and damages which may in any manner be imposed on or incurred by the AUTHORITY or the CITY as a consequence of or arising out of the CITY's contribution to the cost of the work caused to be done by the OWNER to achieve the rehabilitation of the exterior of said structure. ARTICLE IX: Assignability The OWNER shall not transfer any interest in this Agreement without prior written consent of the AUTHORITY and the CITY. ARTICLE X: Nondiscrimination The OWNER shall not discriminate against any tenant or employee or applicant for tenancy or employment because of.race, color, religion, sex, age, or national origin. -4- ARTICLE XI: Amendment Purposes This instrument contains the entire and exclusive agreement between the parties and supersedes and terminates all prior or contemperaneous arrange- ments, understandings, and agreements, either oral or written. This AGREEMENT may not be amended or modified, except by a writing executed in the same manner as herein by all parties. IN WITNESS WHEREOF, the CITY, the AUTHORITY and the OWNER have caused this Agreement to be executed in three original copies on the day and year first above written. CITY OF SALEM: SALEM REDEVELOPMENT AUTHORITY: Jean A. Levesque Joan M. Boudreau, Chairman W. Gregory Senko, City Planner OWNERS: Diane G. Pabich Funds have been appropriated for this purpose under Community Development Small Cities Richard J. Pabich Richard P. Foley, City Auditor Approved as a legal form and character: Richard W. Stafford, City Solicitor -5- BK7042 PG268 ' KNOW ALL MEN HY THESE PRESENTS that we, JAMES M. SOLOVICOS and RAYMOND T. WHITE, Trustees under the Will of , ate of Salem, in the County of Essex Margaret Solovicos, l and Commonwealth of Massachusetts (See Essex. Probate No. 295282) , said James M. Solovicos being of said Salem and said Raymond T. White being of Peabody,in said County, for the full consideration of Two Hundred Thirty Thousand ($230,000.00) Dollars, grant to RICHARD J. pABICH and DIANE G. PABICII, as joint tenants, of Marblehead 125 Spray Avenue) in said County, with QUITCLAIM COVENANTS, the land, with the buildings thereon, situated in said Salem and S bounded and described as follows: Parcel I Beginning at a stone 'bound'on`the Easterly side of 4 Summer Street, at land now or formerly of David Pingree; thence running S. 820 33' 40" E. thirty-four and 33/100 - feet3to aeet to a corner( thence`S. 79°`5S 30" E. thirty-one 87/100 (31.87) feet, all by said Pingree land to land now or -- - formerly of Nettie Carmen; thence S. 80° 19' 50" E. by said Carmen land fifteen and 6/100 (15.06) feet; thence S. 78- 321 40" E. eight and 86/100 (8,86) feet to a. corneri thence S. 12° 1' 20" W. by !and now or Formerly of Hevic Carmen forty-seven and 50/100 (47.50) feet to a corner; thence N. 76° 12' 50" W. eight and 35/100 (8.35) feet by said Carmen land; thence N. 54° 9' 40" W. nine (9) feed thence N. 73° 54' SO" W. twenty-five and 91/100 425.91) feet; the last two hounds being by the North wall of the ell of the main house located on said Carmen land; thence S. 7° 31' W. fifty one-hundredths (.50) of a foot to the centre of the main wall separating the building on said Carmen land; thence N. 82° 2' 40" W. through the centre of said wall forty-four and 29/100 (44.29) feet to Summer Street, thence N. 7° 30' 20" c E. by said Summer Street fifty-one and 48/100 (51.48) feet to t'ne point of beginning, containing forty-one hundred and _ one (41011 square feet, be all of said measurements more or less or however otherwise bounded, measured or described. For title see Deed of Margaret Solovicos to The Solovicos Trust dated October 28, 1946 and recorded in the ;Sd Essex South District Registry of Deeds in Book 3519, Page 574, said Trust Indenture being dated October 281 1946, and recorded in said Registry of Deeds, Book 3519, Page 576, and Estate of Margaret Solovicos, Essex Probate #295282, and plan entitled, "Plan of the Nathaniel West Estate, Salem, hi Mass Scale 1 in.-10ft., July, 1924, Thomas A. Appleton, C.E. ," recorded in said Registry, Book 2606, Page 231. Parcel II Beginning at a pointon Summer Street at land now or late of Solovicos; thence running Southerly by Summer Street on two courses forty-six and 42/100 (46.42) feet to a stake; thence running Easterly eighty-two and 09/100 (82.09) feet by land now or late of Salcm Ilealty Co., to a stake; thence running Northerly fifty-four and 20/100 (54.20) feet to land of Solovicos; thence running westerly eighty-seven and . 49/100 (37.49) feet to the point of beginning, by land of Solovicos. F . . BK7042 PG 269 Subject to a right of way ten (101 feet wide along the - � Southerly side line of the Lot herein conveyed. Beingthe first described parcel in decd of Milton Carmen, et als, Trustees of the Lafayette Trust to Manuel T. V Solovicos and Margaret Solovicos, husband and wife, as tenants by the entirety, dated September 19, 1961 and recorded in said Registry in Book 4819, Page 404• r Said Manuel T. Solovicos and said Margaret Solovicos f both died in said Salem, he on October 9, 1964, and she on January 4, 1968, her Estate being Fssex Probate 1295282. EXECUTED as a sealed instrument this twenty-seventh day of January, 1983 n z<.,•✓.f Y1 �'ry.-aired® Trustees - ustucs a9 aforesaid THE COMMONWEALTH OF MhSSACl1USETTS - Essex, ss, January 27, 1981 Then personally appearedthe above named James H. Solovicos, Trustee as aforesaid, and acknowledged the 1 foregoing instrument to be his free act and deed, &P P t Before me, { wr...� .••.rn LK L IIAT1t0] ?pt f •Gt.Rt Iv.r.IC ' IIr CNop.Wlu. l,l,llqazy I'~ 5' aen dt,wet No ,�'�� - THE COMMONWEALTH OF MASSACHUSETTS '!•a` dd Essex, ss. ........ ;.... . Then personally appeared the ab.t nam diRaymond T. ' White, Trustee as aforesaid, and acknowledged the foregoing instrument to be his free act andill1 deed, ,Ciro e!, .Before me, � /7 2YNOVry r, e, '� a"": :R';: r.• .r, o day t t r'�4 f, I 1 tj9 Y. PAST /�•�/' ?�� n Y. IN ST 0,r,7� 71 w.. EXHIBIT B, 5.9 SUMMER ST. , SALEM, MASSACHUSETTS SCOPE OF WORK 1. Reconstruct original dormer (#9 - s. elev.) cutting through existing roof, framing of new dormer. patch to match overall roof treatment, including flash- ing, new 6/6 window, insulating walls and roof, patch to match original window casing. New roof,including drip edges. 2. Repair existing dormers, including removal and replacement of all existing trim. Reshingle sides and roofs. Paint: S. elevation - Summer 3. Unify roof treatment. Replacement of underlayment as necessary. Drip edges on a s. elev. Replace chimney flashings as necessary. Remove existing shingles, re- place with new asphalt. (s. elev) 4. Restore soffit and gutter (s. elev.) 5. Repair and paint porticos (s, elev.) 6. Roof replacement - front porticos. New roof including new flashing, drip edges, replacement of underlayment as necessary. Repairs to fascias. 7. Replace shutters (e. and s. elev.) . Install and paint black 47 pair of shutters. 8. Restore metalwork (s. elev.) Restoration of icebreak (s. elev.) Replace pipe hand rails with decorative period railings. Refinish existing metal railings as necessary, including scrape, prime & 2 coats paint. 9. Water clean bricks and granite (s. & e. elev.) 10. Repoint bricks as necessary. Paint trim (s. & e.) 11. Restore basement entry (s. elev.) Remove add-on partitions. Restore roof, including new flashings. New basement entry door. Includes repairs to steps as necessary. Addition of floor drain. 12. Removal of side porches (n.e, elev,) Removal includes elimination of existing wood egress stairs and porchest removal of second generation roof, Restoration of original soffits. Replace with iron fire balconies, 13. Repaint window trim. Replace all broken panes. 14. Side entry. (e. elev.) Including new flat roof, columns and railwork to match original, with 5 new steps. In- cluding new entry door hardware. Prime and paint. Exterior Work - Additional 1. Brick pavers orcourtyard (e. elev.) Including foundation landscaping e. elev.) and landscaping along property boundary. 2. Reposition downspout (s.w. corner) 3. Foundation plantings (s.elev.) Hedge of 17 Hatfield yews, pine bar�mu c 4. Exterior lightin . Portico lighting, accent lighting. Lamp posts (s. and e. elev.) EXHIBIT C THIS DEED OF EASEMENT, is granted by Diane G. Pabich and Richard J. Pabich, Owner (s) of land and building (s) located at 5,7,and 9 Summer Street; Salem, Massachusetts and described and recorded in the Essex South District Registry of Deeds in Book 7042 Page 268, herein- after called the "Grantors" to the SALEM REDEVELOPMENT AUTHORITY, a public body,politic and corporate duly organized and existing pursuant to the provisions of the Housing and Urban Renewal Law of the Commonwealth of Massachusetts, appearing in Massachusetts General Laws, Ter. Ed. , Chapter 121B; and having its usual place of business in Salem, hereinafter called the "Authority", its successors and assigns; WHEREAS, the Grantors have entered into an Agreement dated May 1983, with the SALEM REDEVELOPMENT AUTHORITY which Agreement requires the grant of the easement herein set forth; and WHEREAS, the Authority has undertaken the Heritage-Plaza-West Urban Renewal Project in the City of Salem, which provides for among other things, the preservation and restoration of historic and architectural values associated with structures and areas within the Project Area; and WHEREAS, the said Urban Renewal Project imposes standards for exterior appearance to be imposed on all structures designated for historic and/or architectural preservation requiring, among other things, the acquisition - and/or retention of facade easements over individual properties by the Authority as a stimulus to preservation activities; and WHEREAS, the Grantors are the owners and holders of record of fee simple title to certain real.property .located in the Urban.-Renewal Project Area and situated at 5,7,9, Summer Street in said Salem, on which there is situated a structure of architectural significance and value, said premises being bounded and described as follows: Parcel I Beginning at a stone bound on the Easterly side of Summer Street at land now or formerly of David Pingree; thence running S. 82' degrees 33' 40" E. thirty-four and 33/100 (34.33) feet to a corner; thence S. 8 degrees 28' 10" W. ten (10) feet to a corner; thence S. 79 degrees 5' 30" E. thirty-one and 87/100 (31.87) feet, all by said Pingree land now or formerly of Nettie Carmen; thence S. 80 degrees 19' 50" E. by said Carmen land fifteen and 6/100 (15.06) feet; thence S. 78 degrees 32' 40" E. eight and 86/100 (8.86) feet to a corner; thence S. 12 degrees 1' 20" W. by land now or formerly of Kevie Carmen forty-seven and 50/100 (47.50) feet to a corner; thence N. 76 degrees 12' 50" W. eight and 35/100 (8.35) feet by said Carmen land; thence N. 54 degrees 9' 40" W. nine (9) feet; thence N. 73 degrees 54' 50" W. twenty-five and 91/100 (25.90) feet; and the last two bounds being by the North wall of the ell of the main house located on said Carmen land; thence S. 7 degrees 31' W. fifty one-hundredths (.50) of a foot to the centre of the main wall separating the building on said Carmen land; thence N. 82 degrees 2' 40" W. through the centre of said wall forty-four and 29/100 (44.29) feet to Summer Street; thence N. 7 degrees 30' 20" E. by said Summer Street fifty- one and 48/100 (51.48) feet to the point of beginning, containing forty- one hundred and one (4101) square feet, be all of said measurements more or less or however otherwise bounded, measured or described. For title see Deed of Margaret Solovicos to the Solovicos-Trust dated October 28, 1946 and recorded in the Essex South District Registry of Deeds in Book 3519, Page 574, said Trust Indenture being dated October-28, 1946, and recorded in said Registry of Deeds; Book 3519, Page 576, and Estate of Margaret Solovicos, Essex Probate #295282, and Plan entitled, "Plan of the Nathaniel West Estate, Salem, Mass. , Scale 1 in. = 10 ft. , July 1924, Thomas A. Appleton, C.E. ," recorded in said Registry, Book 2606, Page 231. Parcel II ' Beginning at a point on Summer Street at land now or late of Solovicos; thence running Southerly by Summer Street on two courses forty-six and 42/100 (46.42) feet to a stake; thence running Easterly eighty-two and 09/100 (82.09) feet by land now or late of Salem Realty Co. , to a stake; thence running Northerly fifty-four and 20/100 (54.20) feet to land of Solovicos; thence running Westerly eighty-seven and 49/100 (87.49) feet to the point of beginning, by land of Solovicos. Subject to a right of way ten (10) feet wide along the Southerly side line of the Lot herein conveyed. For our title, See Book 7042, Page 268. NOW THEREFORE, in recognition of the foregoing and incconsideration of the premises, mutual promises, obligations, covenants and restirictions, hereinafter defined, the parties hereto agree as follows: 1. The Grantors do hereby grant and convey to the Authority its agents, successors or assigns an ease in gross (known as a facade easement) over the exterior appearance of the structure situated on the hereinbefore des- cribed premises. The Grantors will furnish and install pursuant to said Agreement dated May 1983 upon or in connection with the exterior of the structure all additions, improvements, alterations, repairs, and services in accordance with the construction plan for the rehabilitation, restoration and pre- servation of the exterior appearance of said structure, which plan is on file in the office of the Building Inspector of the City of Salem and the office of the Authority. The Grantor covenants agrees that the exterior appearance of said structure shall be maintained and preserved in its completed stage. The facade easement herein granted shall further permit the Authority and its representatives, agents and/or employees to enter the property but not the building situated thereon, thereafter whenever and to the extent reasonably necessary for the purpose only of inspection and enforcement of the covenants and the terms of the easement granted herein which the Authority is hereby entitled to enforce in any court of competent jurisdiction. In the event of any default or failure, thereafter, on the part of the Grantors to so maintain and preserve the exterior appearance of such sturcture, whether in whole or in part, whether by omission or de- parture from the standard and specifications hereinbefore designated, the Authority shall have the right, power and authority at its election, after refusal or neglect by the Grantors to correct such default or failure following a ninety (90) day notice to do so by the Authority, to exercise the Grantors unfulfilled obligations hereunder including the right to remedy any and all defective performance on the Grantor part and to charge the cost thereof to the Grantors. 2. The sturctural changes, alterations, additions, or improvements over the exterior appearance of the structure as would not in the opinion of the Authority fundamentally alter its character or its setting may be made thereto by the Grantors providing that the prior written approval of the Authority to such change, alteration or improvements shall have been obtained, which approval shall not be unreasonably withheld. The Authority shall act upon a written request by the Grantors for such approval within thirty (30) days, it shall be deemed approved. In case of disapproval the Grantors may within thirty (30) days after notice of disapproval re- quest a review of the disapproval by a person of competence and experience in .such matters, designated by the Salem Historical Commission or its chairman or acting chairman. The finding of this review shall be binding on the Grantors and the Authority. The cost, if any, of such review shall be shared equally by the Grantors and the Authority. 3. In case of damage by fire or other casualty so serious as to cause reconstruction to be reasonably adjudged to be impractical, this easement, together with all covenants, obligations, and restrictions herein recited shall terminate and otherwise shall remain in,effect without limit to time. 4. The Authority in its discretion may erect a single marker ,or sign not exceeding one (1) foot by one (1) foot, which states the name of the Authority and advises that the Authority owns the easement granted herein. 5. The covenants agreed to and the restrictions imposed, as afore— said, shall not only-be binding upon the Grantors but also other successors to them in interest and shall continue as a servitude running with the land in perpetuity with the above-described premises and shall survive any " termination of the Authority's.existence. All rights reserved herein to the Authority may be exercised, modified, or released by its successors or assigns or by its designee duly authorized in deed or appointment executed by its Chairman. WITNESS our hands and seal this dayof WITNESS: Diane Q. Pabich Richard J. Pabich ACCEPTED: SALEM REDEVELOPMENT AUTHORITY BY COMMONWEALTH OF MASSACHUSETTS Essex,ss. 1983 Then personally appeared the above-named Diane G. Pabich and Richard J. Pabich and acknowledged the foregoing instrument to be their free act and deed, before me, Notary Public My Commission Expires: This Deed of Easement is assented to by of its interest as holder of a mortgage given.to it by. . . . . dated 1983, recorded with Essex South District Registry of Deeds, Book 7042, Page 268. By COMMONWEALTH OF MASSACHUSETTS Essex, ss. Then personally appeared the above-named and acknowledged the foregoing instrument to be the free act and deed for and on behalf of the (signature) ESSEX SS. RECORDED: 1983 m. past m. INST RECEIVED ti MAR 4 1883 Exterior Restoration 5-7-9 Summer Street SAW �1siVi�INN ® �T. Salem, MA 1. Reconstruct original dormer (#9 - s . elev. ) Price includes cutting through existing roof, framing of new dormer, patch to match overall roof treatment, . including flashing, new 6/6 window, insulating walls and roof, patch to match original window casing. New roof, including drip edges . Interior finish. $3,100 2. Repair existing dormers , including removal and replacement of all existing trim. Reshingle sides and roofs . Paint: (n. elev. ) 2 ,500 ` (s . elev. ) 2 ,500 3 . Unify roof treatment . Replacement of underlayment as necessary. Drip edges on s . elev. Replace chimney flashings as necessary. Remove existing shingles , replace with new asphalt. (n. elev. ) 2,2001- (s , elev . ) 2 ,200 4. Restore soffit and gutter (s . elev. ) 600 5. Repair and paint porticos (s . elev. ) 1,000 6. Roof replacement - front porticos . New roof including new flashing, drip edges , replacement of underlay- ment as necessary. Repairs to fascias . 400 7 . Replace shutters (e. and s . elev. ) . Install and paint black 47 pair of shutters . 5,300 8 . Restore metalwork (s . elev. ) Restoration of icebreak s . elev. Replace pipe hand rails with decorative period railings . Refinish existing metal railings as necessary, including scrape, crime & 2 coats paint . 900 9. Water clean bricks and granite (n...!: w. . elev . ) 1 ,150 (s . & e. elev . ) 1. 1150 10. Repoint bricks as necessary. Paint trim. (n. & w. ) 208004 ( e . & s . ) 2,700 11 . Restore basement entry (s . elev . ) Remove add-on partitions . Restore roof, including new flashings . New basement entry door. Includes repairs to steps as necessary. Addition of floor drain. 750 12 . Removal of side porches (n. e . elev. ) :Removal includes elimination of existing wood egress stairs and porches , removal of second generation roof. Restoration of original soffits . Replace: with iron fire balconies . 3,700 13. Repaint window trim. Replace all broken panes . $5,100 14. Side entry. (e. elev. ) Including new flat roof, columns and railwork to match original, with 5 new steps . ' Including new entry door hardware. Prime and paint . 14,500 Exterior Work -Additional 1. Brick pavers on courtyard (e. elev. ) Including foundation; landscaping (e. elevr ) ' and landscaping along property boundary. 6 ,100 2 . Reposition downspout (s , w. corner) 185 3 . Removal of brick wall and storage shed (n. elev. ) 580 4. Foundation plantings (s. elev. ) Hedge of 17 Hatfield yews , pine bark mulch. 1,300 5. Exterior li htin Portico lighting, accent lighting. Lamp posts s . and e. elev. ) 2 ,500 Total price - exterior work: $52 ,215. low f. C -r p 3