EASEMENT AGREEMENT @ 34 PEABODY ST 3y AA44 ,
EASEMENT AGREEMENT
This Easement Agreement is entered by and between the City of Salem, a Massachusetts
municipal corporation having a principal place of business at 93 Washington Street, Salem,
Massachusetts (hereinafter the "Grantor") and 34 Peabody Street, Inc., a Massachusetts limited
liability company having a principal place of business at 102 Lafayette St., Salem, Massachusetts
(hereinafter the "Grantee").
WHEREAS, the Grantee is the owner of a parcel of land known as and numbered 34 Peabody
Street, Salem, Massachusetts which land is more particularly described in a deed to the Grantee
dated December 16, 2016 and recorded with Essex South District Registry of Deeds in Book
35558, Page 201 (the"Grantee's Property");
WHEREAS, the Grantee intends to construct a building upon the Grantee's Property with several
window bays that project over the public sidewalk owned by the Grantor as shown on the Plan
attached hereto dated August 25, 2020 and entitled Peabody Easement Exhibit Plan (the
"Easement Plan");
NOW THEREFORE, for nominal consideration the Grantor hereby grants to Grantee, its
invitees, successors, and assigns,the exclusive and perpetual right and easement to allow the
window bays to be constructed projecting over the Grantor's property as shown on the Easement
Plan.
Grantor and Grantee agree as follows:
The Grantee shall, at its sole cost and expense, be responsible to perform necessary maintenance
of the window bay projection.
Grantee assumes all the risk of entry onto and use of the Grantor's property and Grantee hereby
releases the Grantor from any responsibility for Grantee's losses or damages related to the
condition of the Easement Area and Grantee covenants and agrees that it will not assert or bring,
nor cause any third-party to assert or bring, any claim, demand, lawsuit or cause of action
(whether by way of original claim, cross claim, counterclaim, contribution claim,
indemnification claim, third-party claim, or any other claim) against the Grantor. This provision
shall survive the termination of this Easement Agreement.
The Grantee shall maintain liability insurance satisfactory to the Grantor relative to the
Easement.
All notices to be given pursuant to the terms hereof shall either be delivered in hand by
messenger with signed receipt or by recognized overnight courier services with signed receipt, or
shall be mailed by certified or registered mail, return receipt requested, postage prepaid, to the
party entitled to receive such notice addressed as described below. Notices shall be deemed
given when delivered by messenger or overnight courier service on the date of the delivery as
aforesaid or when deposited in certified or registered United States mail, postage prepaid, return
receipt requested.
IF TO GRANTOR: Office of the Mayor
City Hall
93 Washington Street
Salem, MA 01970
WITH A COPY TO: City Solicitor
City Hall
93 Washington Street
Salem, MA 01970
IF TO GRANTEE: 34 Peabody Street, Inc.
102 Lafayette Street
Salem, MA 01970
WITH A COPY TO: Scott M. Grover, Esq.
27 Congress Street, Suite 414
Salem, MA 01970
Grantee and Grantor shall,at any time and from time to time, have the right to specify their
proper addresses for purposes of this Agreement any other address or addresses by giving fifteen
(15)days' written notice thereof to the other party in accordance with the provisions herein.
The validity, construction and interpretation of this Agreement will be in accordance with the
laws of the Commonwealth of Massachusetts. The obligations and benefits created pursuant
hereto shall run with the land and be binding upon and inure to the benefit of the respective
parties, their heirs, executors,administrators, and successors and assigns.
This instrument, executed in multiple counterparts, is to be construed as a Massachusetts
contract, is to take effect as a sealed instrument, sets forth the entire agreement between the
parties and may be cancelled,modified or amended only by a written instrument executed by
both the Grantor and Grantee.
No consent or waiver, expressed or implied by the Grantor to or for any breach of any covenant,
condition or duty of Grantee shall be construed as a consent or waiver to or for any other breach
of the same or any other covenant,condition or duty.
In the event Grantee shall fail to comply with any term or condition herein(an"Event of
Default"), Grantor may terminate this Easement thirty (30)days after notice from Grantor of
such Event of Default provided that Grantee shall have thirty (30)days from receipt of such
notice to cure such Event of Default (except that in the case of an Event of Default which cannot
with due diligence be cured within such period, then so long as Grantee proceeds with due
diligence to continence to cure the same within the aforesaid thirty(30)day period and thereafter
prosecutes the curing of such Event of Default with due diligence to completion,the time of
Grantee within which to cure the same shall be extended for such period as may be reasonably
necessary to complete the same with due diligence in the reasonable opinion of Grantor).
EXECUTED this day of September, 2020.
34 Peabody Street,Inc.
By:
, President
The City of Salem
By:
Kimberley Driscoll, its Mayor
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this day of September 2020, before me, the undersigned notary public,
personally appeared ,proved to me through satisfactory evidence of
identification, which was his Driver's License, to be the person whose name is signed on the
preceding or attached document, and acknowledged to me he signed it voluntarily for its stated
purpose as his free act and deed as President of 34 Peabody Street, Inc..
Notary Public
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this day of September, 2020, before me, the undersigned notary public,
personally appeared Kimberley Driscoll, Mayor as aforesaid,proved to me through satisfactory
evidence of identification, which was personal knowledge,to be the person whose name is
signed on the preceding or attached document, and acknowledged to me she signed it voluntarily
for its stated purpose as her free act and deed on behalf of the City of Salem.
Notary Public
THE
LIGHTHOUSES
47 LEAVITT STREET&34
PEABODY STREET , _ PEABODY STREET
SALEM,MA 01970
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Tp 2. CITY OF SALEM
In City Council, September 24, 2020
Ordered:
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The Salem City Council hereby authorizes the Mayor to execute an Easement
for the benefit of 34 Peabody Street, Inc., at its new housing development at 34
Peabody Street,Salem,MA. This Easement shall provide air rights above the sidewalk
at 34 Peabody Street to enable the construction of balconies and bay windows.
InCity Council September 24, 2020
Adopted by a roll call vote of 11 yeas, 0 nays and 0 absent
Approved by thhhMayor on September 28, 2020
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ATTEST: ILENE SIMONS
CITY CLERK