HomeMy WebLinkAboutMiscellaneous - 75 MILK STREET 4/30/2018i
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CitijorTown O/ ='��% C�--�F�• Data:
This Certmes thatthe property loczted at�—
has been equipped with approved smoke detectors, and carbon monoxide alarms and was found to be in compliance with
Massachusett General Law, Chapter 143 Sections 2E
Inspection/Testing completed on:
Fee Paid; Head of Fire Depen, ere t:
Nate: This certificate expires si;dy (60) days after date or"Issue".
SELLER s copy
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�SSACHUSES
CERTIFICATE OF USE & OCCUPANCY
TOWN OF NORTH ANDOVER
Building Permit Number 351 Date: August 20, 2010
THIS CERTIFIES THAT
THE BUILDING LOCATED ON 75 Milk Street, North Andover MA
MAY BE OCCUPIED AS community residence IN ACCORDANCE WITH THE
PROVISIONS OF THE MASSACHUSETTS STATE BUILDING CODE AND SUCH OTHER
REGULATIONS AS MAY APPLY.
Certificate Issued to:
Fee: $100.00
Receipt: ;?p5 �0
Milk Street Properties, Inc.
75 Milk Street
North Andover MA 01845
Building Inspector
APPLICATION FOR CERTIFICATE OF OCCUPANCY/INSPECTION
Building Permit # '� -s-
ADDRESS/LOCATION OF PROPERTY: o;L
map�Q Parcel Lot Number
SUBDIVISION
DATE REQUESTED FILED/READY FOR INSPECTION
CLOSING DATE ON PROPERTY:
5fe.1c to q-?,' q7S 3SSs
FIVE (5) DAYS NOTICE PRIOR TO CLOSING DATE IS REQUIRED
ALL WORK AND SIGN -OFFS MUST BE COMPLETED WITHIN THIS TIME FRAME. A RE-
INSPECTION FEE OF TWENTY DOLLARS $20.00) WILL BE CHARGED IF THF ATDI it _Ti 10C
PGI llllt Issued l{.).
Address
SIGNED
CONSERVATION
PLANNING
DPW WATER METER
SEWERIWATER CONNECTION
NOTE
ROUTING
)*?0 /o Coe
DPW MUST INDICATE THAT THE WATER METER HAS BEEN INSTALLED PRIOR TO
SUBMITTAL OF THE OCCUPANCY/INSPECTION REQUEST
DPW
Fite: Application for OC form revised Jan 2007
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GENERAL BUILDING NOTES/CHECKLIST- NOT LIMITED TO ITEMS BELOW
POST ALL LOT NUMBERS, ADDRESS, AND PERMIT (COPY OK)..or no inspections
INSPECTIONS: (Minimum) Excavation, Footing, Foundation, Frame, Insulation, Final.
FOOTINGS: Continuous Full 2x4 Keyway
Continuous strip footings for interior columns
FOUNDATION: Rebar as required
Anchor bolts or straps
Damproofing
Foundation drain - pipe/stone/fabric filter/cover and outlet connection.
FRAME: Fireblock - over girts/plates between floor joist
Penetrations for plumbing, heat, elec, etc.
Walls at stair stringers.
Windbrace comers and center bearing partitions.
Size ridge to provide full bearing at rafter cuts.
Hip and Valley rafters - watch bearing at walls.
Ridge & Hip - Provide proper connections.
Cathedral roof rafters provide proper connections and use "Hurricane Clips" tie to plate.
Stair stringers - watch cuts and heal support.
Joist hangers - fully nailed w/ hanger nails.
Sill plates 2-2X6 (1 PT) w/sill seal.
Girls - solid brick or steel plate bearing at foundations
'/ " air space at sides in foundation pockets.
Lateral bracing at ends.
Certified calculations. required for Beams/LVL's Trusses.
Solid bearing support for Headers/Beams etc.
Check headroom clearances - stairways, under beams
Attic Access. (min. 22x30 w/3' headroom above).
Crawl space access. (min. 18x24).
Bath exhaust fans to have metal duct to exterior (not in soffit).
Firecode S/R wood frame of "0" clearance fireplaces & stoves
Window Schedule or Every Habitable Room Must Have:
Natural light equal to 8% of floor area.
of required glazing shall be openable.
Bedrooms required min. 20x24 egress window or door.
Vent attic spaces - "proper vent", soffit and required ridge vents.
Firecode under stairs if used for storage
FIREPLACES: Separate permit required.
Inspections at Footing - Smoke Chamber - Finish r
Smooth parging, clean joints, 8" solid @ combust.
DECKS: Lag to house, provide flashing.
Rails min. 36 " high, Baluster max space 5" on center.
Over 8' above grade, use 6x6 posts w/lateral bracing.
Lag all posts and rails.
Pier footings down 48", Conc. pad at stair base.
FINISH: Handrails returned to wall/newall post.
Guardrails required alongside open cellar stairs.
Exterior grading complete.
Certificate or occupancy required prior to occupying structure.
Temporary Stairs required for inspection.
Re -inspection fee - $30.00 (Be Ready).
Certificate of occupancy required prior to occupying structure.
a8
COMMONWEALTH OF MASSACHUSETTS
FIRST AMENDED NOTICE OF LEASE
COMMUNITY RESIDENCE 20 -YEAR LEASE -PURCHASE AGREEMENT
Pursuant to G. L. c. 183, § 4, this First Amended Notice of Lease is given of the following Community
Residence 20 -Year Lease -Purchase Agreement (the Lease). The Lease was amended by that certain First
Amendment to Community Residence Lease -Purchase Agreement (the First Amendment):
DATE OF LEASE:
DATE OF FIRST
AMENDMENT:
LANDLORD:
ORIGINAL ADDRESS OF
LANDLORD:
September 25, 2009
Milk Street Properties, LLC
66 Park Street
Andover, Massachusetts 01810
TENANT: The Commonwealth of Massachusetts acting by and through its
Division of Capital Asset Management and Maintenance
(DCAM) of the Executive Office for Administration and
Finance on behalf of the User Agency
ORIGINAL ADDRESS OF
TENANT: Division of Capital Asset Management and Maintenance
One Ashburton Place, 15th Floor
Boston, Massachusetts 02108-1518
USER AGENCY:
ORIGINAL ADDRESS OF
USER AGENCY:
LEASED PREMISES
NOV ` 6 2009 0
BUSINESS OFFICE_
Department of Developmental Services
500 Harrison Avenue
Boston, Massachusetts 02118-2439
The buildings, structures, and other improvements currently
existing or to be constructed and the legal parcel upon which
said buildings, structures, and other improvements are situated
located at:
75 Milk Street (formerly known as Lot 40-1A, 89 Milk Street)
North Andover, Massachusetts 01845
as more particularly described in Exhibits A, A-1,11, C, and D-1
or D-2 to the Lease, and in the First Amendment (the Premises)
September 2009 Notice of Lease (for Community Residence 20 -Year Lease -Purchase Agreement)
Page I
w
INITIAL LEASE TERM: 20 years, beginning on the Date of Occupancy, as defined in §
3.4, and continuing until midnight of the day immediately
preceding the twentieth anniversary of such date.
EXTENSION OPTION: Tenant has the option to extend the Term for two successive
five-year Extension Terns, as provided in § 1.1.
OPTION TO PURCHASE: Tenant has the option to purchase the Premises as provided in
§ 10.
LAND -USE RESTRICTION: Pursuant to St. 1993, c.52 the Premises are subject to a land -use
restriction created by a separate instrument duly recorded in the
Registry of Deeds of the county in which the Premises are
I
ocated.
This instrument is executed as a notice of the aforesaid Lease and is not intended to and will not vary or
govern the interpretation of the provisions of the Lease.
Nov - 6 2309
BUSINESS OFFICE
September 2009 Notice of Lease (for Community Residence 20 -Year Lease -Purchase Agreement) Page 2
io
Landlord and Tenant have executed this document under seal in accordance with the laws of the
Commonwealth of Massachusetts, Tenant having done so by the Commissioner of the Division of Capital
Asset Management and Maintenance, who was joined by an authorized representative of the User
Agency as an adjunctive signatory, neither of whom incurs any personal liability as a result of such
signature.. p
LANDLORI
TITL
TENANT:
he" s) c 2 '-54a.10S ? i
COMMONWEALTH OF MASSACHUSETTS ACTING BY AND THROUGH ITS
DIVISION OF CAPITAL ASSEZMANAGEME AND MAINTENANCE
�'
BY:
David B. Perini
Commissioner
DEPARTMENT OF DEVELOPMENTAL SERVICES
TITLE: !II&C-79k
NOVRD E C E -J W E
' 6 2009
BUSINESS OFFICE
September 2009 Notice of Lease (for Community Residence 20 -Year Lease -Purchase Agreement) Page 3
CERTIFICATE OF ACKN(
COMMONWEALTH OR STATE OF _ r�t 0 5 S � t k (j C' M, - )(
COUNTY OF )( ss.
)(
OnI �7 �� j% `1l (/ �j , 20 , before me, the undersigned notary ry public, personally
appeared roved to me through P satisfactory
evidence of identification to be the person whose name is signed on the preceding or attached document,
and acknowledged to me that said person voluntarily signed said document for the purpose stated within
said document.
Christina DiBitetto
Notary Public
Commonwealth j ealth of Massachusetts
My Commission Expires July 23, 2015
CERTIFICATE OF ACKNOWLEDGMENT
i
44 --
COMMONWEALTH OR STATE OF_1,�
COUNTY OF
�)( ss
On J�., , 20 ()CI , before me, the undersigned notary public, personally
appeared c c; <t� , proved to me through satisfactory
0
evidence of identification to be the person whose name is signed on the preceding or attached document,
and acknowledged to me that said
said document
-LS' � s0ejwiln
NOV .s.6 2009
BUSINESS OFFICE
September 2009 Notice of Lease (for Community Residence 20 -Year Lease -Purchase Agreement)
Page 4
CERTIFICATE OF ACKNOWLEDGMENT
COMMONWEALTH OR STATE OF
)(
COUNTY OF dss.
VV
)(
On Al 12iYr, 4 Jii /I , 20 0 q , before me, the undersigned notary public, personally appeared
�I&k2n.4 , proved to me through satisfactory evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to me that said
person voluntarily signed said document for the purpose stated within said document.
& RUTH A. FARRELL
Notary Public
Commonwealth of Massachusetts
My Commission Expires
March 24, 2011
p
�EeaE'
EC
2009
BUSINESS OFFICE
September 2009 Notice of Lease (for Community Residence 20 -Year Lease -Purchase Agreement) Page 5
COMMONWEALTH OF MASSACHUSETTS
FIRST AMENDMENT TO
COMMUNITY RESIDENCE LEASE -PURCHASE AGREEMENT
This First Amendment to Lease and Lease Extension (this First Amendment) is made on
!6 -10V , by and between Milk Street Properties, LLC (Landlord), and the
Commonwealth of assachusetts acting by and through the Commissioner of its Division of
Capital Asset Management and Maintenance (Tenant) on behalf of the Department of
Developmental Services (the User Agency).
Landlord and Tenant entered into the Community Residence Lease -Purchase Agreement
(the Lease) dated .September. 25, 2009, for the Premises at 75 Milk Street (formerly known as
"Lot 404A, 89 Milk Street"), North Andover, Massachusetts.
Tenant has not taken occupancy of the Premises.
Landlord and Tenant desire to modify the description of the Premises to conform to the
address designated for the Premises by the Town of North Andover subsequent to the execution
of the Lease.
In consideration of the mutual promises contained in the Lease and in this First
Amendment (collectively the Lease, as amended), Landlord and Tenant agree as follows:
In § 1.1, "PREMISES," substitute "75 Milk Street" for "Lot 404A, 89 Milk Street."
2. Landlord warrants and represents that Landlord's name appears in this First Amendment
exactly as Landlord's name appears on Landlord's record title to the Premises if Landlord owns
the Premises, or exactly as Landlord's name appears in Landlord's lease if the Lease is a
sublease.
3. Landlord warrants and represents that Landlord has full legal capacity to enter into this
First Amendment.
4. If Landlord is not a natural person or natural persons, but Landlord is, rather, a so-called
"creature of the law" (e.g., a corporation, a general or limited partnership, a trust, a limited
liability company, etc.), Landlord warrants and represents that Landlord is validly organized and
existing, that Landlord is in good standing in the state, commonwealth, province, territory, or
jurisdiction of Landlord's organization, and that Landlord is authorized and qualified to do
business in the state, commonwealth, province, territory, or jurisdiction in which the Premises are
located.
5. Landlord warrants and represents that the execution of this Amendment is duly
authorized and that each person executing this First Amendment on behalf of Landlord has full
authority to do so and to fully bind Landlord thereby.
6. All terms -of -art in this First Amendment have the respective meanings that are given to
them in the Lease unless otherwise indicated in this Amendment.
April 2007
Page 1
NOV 6 209
BUSINESS OFFICE
7. Except as modified by this Amendment, all provisions, obligations, and covenants that
are contained in the Lease remain in effect and are performed and completed as agreed in the
Lease.
8. Other than the "Landlord's Beneficial -Interest -Disclosure Statement" and the "Certificate
of Tax -and -Employment -Security Compliance," if any, each rider, exhibit, and other attached
document is an integral part of this Amendment for all lawful intents and purposes. The
"Landlord's Beneficial -Interest -Disclosure Statement" and the "Certificate of Tax -and -
Employment -Security Compliance" are required by the General Laws of the Commonwealth of
Massachusetts for rental agreements and for agreements that extend or renew rental agreements in
which the Commonwealth of Massachusetts is the tenant. These required documents are attached
to but not part of the documents to which they are attached.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
April 2007 Page 2
A.
Landlord and Tenant have executed multiple counterparts of this document under seal in
accordance with the laws of the Commonwealth of Massachusetts, Tenant having done so by the
Commissioner of the Division of Capital Asset Management and Maintenance, who was joined
by an authorized representative of the User Agency as an adjunctive signatory, neither of whom
incurs any personal liability as a result of such signature.
LANDLORD:
By:
Printed Name:
Title:
MILK STREET
TENANT: COMMONWEALTH OF MASSACHUSETTS ACTING BY AND
THROUGH THE COMMISSIONER OF ITS DIVISION OF
CAPITAL ASSET MANAGEMENT AND MAINTENANCE
,�J �.✓.
By:
David B. Perini, Commissioner
USER AGENCY: DEPARTMENT OF DEVELOPMENTAL SERVICES
Printed Name: AM,4NDlq CAW4AtXS
Title: � &61CU/04L b 1 eEC—T Ste'
Approved as to Matters of Form:
a
A. Edwar ,B ' e, Deputy General Counsel
Division of Capital Asset Management and Maintenance
Apri12007
Page 3
110911
U E
USINE OFFICE
Milk Street Properties
9 Travers Street
Haverhill, Ma 01830
(207)934-7622
Mr Gerald Brown
Building Inspector
Town of North Andover
Osgood Street
No Andover, Ma.
Dear Mr Brown:
August 18,2010
As per your request please be advised that the owner of the house at 75 Milk Street in No
Andover, Ma is Milk Street Properties, LLC.
Milk Street Properties LLC has entered into a long term lease with the Commonwealth
of Massachusetts to use the building as a Single Family Home as set forth in the MGLs.
The contact at the Commonwealth of Massachusetts who can and will answer questions
you may have is Peter M Woodford, One Ashburton Place, Room 1411, Boston, Ma
02108, tel 617 727-8000 ext 347, email: peter.woodfordgstate.ma.us
Please contact me should you have questions or comments.
Very truly yours
Milk Street r perties, LLC
Ki iensteinC`'
M nager
DEVAL L. PATRICK
GOVERNOR
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR
Gpw Y /////' and '99&& 000gme' ;
6~1 V
Mcwm
LESLIE KIRWAN
elJaJ4(/OU �JCJI�� 02-108 SECRETARY, ADMINISTRATION
/6-17/ 727-8000 & FINANCE
DAVID B. PERINI
Aaxv 617) 727-5482 COMMISSIONER
CERTIFIED MAIL #: 70091410 0000 2407 2113
RETURN RECEIPT REQUESTED
September 29, 2009
Mr. Stephen E. Stapinski
Milk Street Properties, LLC
66 Park Street
Andover, MA 01810
RE: Fully Executed Lease to Community Residence 20 -Year Lease -Purchase Agreement on
behalf of the Department of Developmental Services (DDS) formerly known as the
Department of Mental Retardation Lot 40-1A 89 Milk Street North Andover
Massachusetts
Dear Mr. Stapinski:
Enclosed is one fully executed Lease to Community Residence 20 -Year Lease -Purchase
Agreement on behalf of the Department of Developmental Services, Lot 40-1A, 89 Milk Street,
North Andover.
Sincerely,
_'t `
Peter Woodford,S i Project Manager
Office of Leasing State Office Planning
Enclosure (1)
cc: Project File #200854000
Cathy Hursty, DMR
Tracking
t6 n J lorl
THIS OFFICIAL. FORM MUST NOT BE ALTERED.
ODIFICATI®NS MUST BF MADF -nv sV_PAu ATU n—Tr
COMMONWEALTH OF MASSACHUSETTS
COMMUNITY RESIDENCE 20 -YEAR LEASE -PURCHASE AGREEMENT
1. SUBJECT MATTER AND TABLE OF CONTENTS
1.1 Subject Matter
Each of the references in this Lease to any of the following subjects must be construed to
incorporate the data stated for that subject in this § 1.1 and, unless defined elsewhere in this
Lease, constitutes the definition of the listed 'tenn-of-art.
DATE OF LEASE:
LANDLORD: Milk Street °Properties.- LLC
ORIGINAL ADDRESS OF 66 Park Street
LANDLORD: Andover, Massachusetts 01810
TENANT: The Commonwealth of Massachusetts acting by and
through its Division of Capital Asset Management and
Maintenance (DCAM) of the Executive Office for
Administration and Finance on behalf of the User
Agency.
ORIGINAL ADDRESS OF
TENANT:
Division of Capital Asset Management and Maintenance
Office of Leasing and State Office Planning
One Ashburton Place, 150' Floor
Boston, Massachusetts 02108
TENANT'S REPRESENTATIVE:
Jane Ryder, Residential Services Director
and/or such other persons as Tenant may designate from
time -to -time, as set forth in § 4.2
USER AGENCY:
Department of Developmental Services
ORIGINAL ADDRESS OF
500 Harrison Avenue
USER AGENCY:
Boston, Massachusetts 02118
PREMISES:
Lot 40-1A, 89 Milk Street
North Andover, Massachusetts 01845
together with the Landlord's Improvements (as such
term -of -art is defined in § 4.1) made within the Premises
pursuant to the provisions of this Lease
USABLE AREA OF PREMISES:
2,756 square feet as defined in § 2.2
PARKING SPACES:
Number of spaces: 4 Spaces
September 2008 Community Residence 20 -Year Lease -Purchase Agreement
Page: I
i
Location of spaces: On-site
PERMITTED USE: Subject to the provisions of § 6.1, Tenant must use the
Premises for proper residential purposes for persons
with mental retardation and staff caring for them.
TERM: Beginning on the Date of Occupancy, as defined in
§ 3.4, and continuing until midnight of the day
immediately preceding the 20th anniversary of such date.
All references in this Lease to the Term must be
construed to include the Initial Lease Term and any
Extension Terms, unless otherwise indicated. All
references to the Expiration Date must be construed to
mean the last day of the Initial Lease Term or the then
applicable Extension Term unless otherwise indicated.
BASE RENT FOR TERM:
a
September 2008 Community Residence 20 -Year Lease -Purchase Agreement Page: 2
01
ADDITIONAL RENT: The costs paid by Landlord and charged to Tenant for
real estate taxes, if any, as set forth in § 3.1
September 2008 Community Residence 20 -Year Lease -Purchase Agreement
Page: 3
EXTENSION RIGHT:
Provided Tenant is not in default under the
povisions of
this Lease beyond the applicable cure
period,Tenant has
the right to extend the Term for two successive
five-year
Extension Terms (each an Extension Right) up to
a
cumulative maximirn of 30 years, including the Initial
Term. Each Tenant's Extension
Right must be exercised
by Tenant giving notice to Landlord
not earlier than six
months and not later than five months before the
expiration of the Initial
Term or the Extension Term, as
the case may be.
RENT IN EXTENSION TERMS:
To be negotiated based on the actual costs to
the Facilities Consolidation Fund FCFamorti n
administered by the Community Economic
Development
Assistance Corporation (CEDAC) orsuch
other
financing used for the development of the
premises, and
the direct costs associated with operating and
maintaining the
property.
RIGHT TO PURCHASE:
Landlord grants Tenant the right to purchase the
Premises as set forth in
and in accordance with § 10.
LAND -USE RESTRICTION:
Pursuant to chapter 52 of the Acts of 1993,
as amended,
the Premises are subject to a land -use restriction created
by a separate instrument
that is duly recorded in the
Registry of Deeds of the
county in which the Premises
are located.
September 2008
COnununity Residence 20 -Year Lease -Purchase Agreement
Page: 4
Landlord and Tenant have executed multiple counterparts of this document, under sea
with the laws of the Commonwealth of Massachusetts, the Commonwealth of Massachusetts having done
n accordance
so by the Commissioner of the Division of Capital Asset Management and Maintenance wh
by an authorized representative of the User Agency as an adjunctive si ato °was joined
any personal liability as a result of such signature.J rY, neither of whom i
ncurs
LANDLORD: MILK STREET PROPERTW,3lj LLC
,PA
Printed Name.
i� fit:►1��:',y'��
TENANT: THE COMMONWEALTH OF MASSACHUSETTS ACTING BY AND T
ITS DIVISION OF CAPITAL ASSET MANAGEMENT AND HROUGH
MAINTENANCE
By:
David B. Perini, Commissioner
USER AGENCY: DEPARTMENT OF DEVELOPMENTAL RESOURCES
Printed Name: Amanda Chalmers
Title: Regional Director
June 2008 Premises Maintenance Agreement (for Community Residence 20 -Year Lease -Purchase Agreement
Page 6