HomeMy WebLinkAbout1994-08-16 Legal Docs RUBINO
DEVELOPMENT
:COJKP NY PLA B -,�
North Andover Planning Boaray
Town of North Andover April 2 ,y
F 1990
Planning Board Members
Thank you for your time and consideration regarding the
rezoning of the Bible Church property (so called) from By-4 to
B- . Your affirmative vote was contingent upon a letter from
us , satisfactory to your indicating three things. -
l.Enclosed is a copy of the recorded deed restricting any
restaurant use of the property. Naturall F we will abide b
that resri.ction.
.Enclosed is a copy of the section of the purchase and sale
agreement restricting the sale of any alcoholic beverages on
the property. We will abide by that restriction.
3 .We have agreed with you that in the event that the town
meeting votes in favor of the rezoning, the proposal that we
bring back to the Planning Board for site review will be
substantially in the form that was presented to you at your
meeting of April 25th, including the architect 's and engineer ' s
renderings of the site and buildings . You stated very clearly
that in the event that we dick not follow that instructionF our
glans would be rejected . We accept that. Additionally, in the
event that a third panty should buy the property, we will, in
detail, explain to this third party the above agreement and
make it a part of any purchase and sale agreement.
We have tried to make this letter as unequivocal as possible ;
howeverr if you have any further questions or comments , or wish
. us to add any additional language to this agreementr please
contact either one of us.
'n -D elopement Co,
W' iai J. a ton
-Real Estate Development - Deal Estate Management
780 Tornpike Street, North Andover, MA 01845
..(508)f BE-7745
termination unden the Agreement.
10 . Buyer agrees not to allow the sale of alcoholic
bevearagee to occur on the Premises. This absolute restriction
i shall survive the passing of the deed to the Buyer and subsequent
owners.
11 . Buyer agrees to allow the Seller to remove, piaior to
closing, any existing buildings from the Premises with the
exception of the actual "church" building . However, the Seller
may remove, prior to closing, any of the fixtures within any
buildings and the church steeple. Seller -shall not have the
night to r( rmove any buildings or fixtures from the Premises after
Closing.
12 . Commencing with the Buyer and Sellers obtaining all
necessary Pei-mi.ts and Approvals , the Seller shall have twelve
( 12) months thereafter to const,rtlot and relocate its new
facilities . The Seller agrees to use due diligence in its
pursuit of its permits and approvals, the construction of a new
location and in the relocation of its facilities.
Immediately upon the purchase of the Seller ' s new land and
on obtaining all of its permits and approvals , but in, any event
no sooner than the date on which Buyer has received all neceosary
Permits , the Seller shall close on its construction financing
and commence with the construction of its new building-s . The
Buyer agrees -to pay for, by placing with the Seller ' s leading
institution an amount, agreed to between the Seller ' s lender and
the Buyer, equal to the first gix (6) months interest cost O'n
Seller ' s consstruction loan (Seller shall bear all other costs) ,
Buyer shall be responsible for payment only of said interest
costs for the first six (6) months following the closing of
Seller ' s construction loan. Thereafter, the Seller shall pay for
all of its Qwn construction fi.alancing costs and associated
carrying changes .
The Closing will be extended until that dais which is thirty
( 30) days following the date on which the seller' s const>ructiora
is substantially completed and Seller has obtained (either
permanent or temporary) ocvupancy pea7mi.ts for its new facilities .
Seller agrees to provide Buyer with written notice of sQi--h date .
Howev( >z, the extended period, of time for Seller ' s oonstructi.on
shall not exceed twelve (12) months from the date of Closing of
Seller' s construction loan or -the date of the commencement of
84 11erfe construction, whichever is earlier. Seller agrees to
pro-ride Buyer with written notice of such data . if Seller shall
fail to have given such notice to Buyer within said twelve (1 )
month period, there if all other conditions precedent to the-
Closing have keen met Buyer shall have the right to give Sealer
3
by land 01' Sarah E. SI t(a VII knd
Land
ELsterly
more or les,s - b e IL nF, the Southe
seventy-six feetI, Henry S . Hopioer, said line th
now or r,ormerly Of stewart,,, by deed recorded wl
line of a pa�rcel conveyed by Sarah E I - e 4541, and the, extehslon
North Essex RegiStrY 01 Deeds , Book 5511? ti-ie By-FaS3) .
of said line in a straight line, Southwe s�e rly
m taken,
thereof as May have bee
Lg, howeveri such portions of j4assachu,SettaI
Fxceptin he Comonmealtfl tr�jc,tjon
rtment of P;Ablic 'Works Of t ct to certall,% res
by the Depa s . The preMiBe3 are sub the premis,es.
If or highmay PurPOr-e s f�rom the publ,jLc hiOlwaY abut,ting any therebe
of access, to and egrIes record if
sements and restrictiouz Of
and to all other ea assigns
for himself, his loll. 1,IIepreSentativeO be Ius,ed Or
Granteep heIre:ln shall not
that the prem1ses conveyed 4 the Sale of, food for on-PITInise ,
or for a restaur'ant Or' fox it-rf-ement Of,
q,cc,upled as ttiAb,I jec.t to tnodific',tiOn bV
Consumption. and
9�
th,PI U3t
se ' deed dated A
For title of this rantor, e in 13,100IN"19, page 3-e�
1�5tr,jct .Deeds
North,
!-co:rded in- 3s X
In witutfis I is=VIC Raid DUTCHLAN,D �,ARMS CORP,011Ari,00
fA) g I, ji iwknOtw 109 wl
7`4"these pre�MA . - 1 11 01 1,
he
ha's rmusotl it's �OTVg rate w .
Eugene J . D=gin
c1l,alf by tweety-,�c venth,.
defivered in ita namo an(l b 1. r muthofizedp thisI5,1 i f "I
:ita Vic- he yeArI one thaw mnd nine hundmi and
day or D
sligned aill CqR ILAT-1011
DUTCHLANDL, _FAaM�S Zo
by
Vi F, es
Dece,rber- 27, ig65
RM
Norfolk County
E
t-ie J Durg T1
roonally ajjpe5Lr(qt nbove nnAwd tigieI
Than
Ltnim III t to be LhP free rLet and deed of the (I
9,nd acktiowledO Du-1 cHLAND FA-M4S CORPORATION
betore Inc /V
7
P4 V
Not a
My
T
ILItV JI
..... a
AMY . ,
liecorded Uiec . 30 , 1965 at 40,m last 11A .i . #975