HomeMy WebLinkAbout2013-09-23 First Amendment to P&S-39 Marrett Rd'ors,
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DEBORAH N. MAULER, CHAIRMAN
PETER C.J. KELLEY
NORMAN P. COHEN
HANK MANZ
JOSEPH N. PATO
Town Of lexingtoll, j.a!5!5ar1jU5ett'5
Stephanie B. Dubanowitz
Anderson and Kreiger
One Canal Park, Suite 200
Cambridge, MA 02141
OFFICE OF SELECTMEN
September 30, 2013
Re: First Amendment to Purchase and Sale Agreement for 39 Marrett Road
Dear Ms. Dubanowitz:
TEL: (781) 862 -0500 x208
FAX: (781) 863 -9468
Enclosed are two (2) original First Amendment to Purchase and Sale Agreement for 39
Marrett signed by the Board of Selectmen at its meeting on September 23 2013.
If you need any further information, please contact me.
Very truly yours,
Lynne A. Pease
Executive Clerk
lap
Enclosures (2)
cc: C. Valente,, Town Manager
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1625 MASSACHUSETTS AVENUE • LEXINGTON, MASSACHUSETTS 02420
e -mail selectmen @lexingtonma.gov
FIRST AMENDMENT TO
PURCHASE AND SALE AGREEMENT
This FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (this
"Amendment ") is made as of the day of September 2013, by and between the Trustees of the
Supreme Council of the Ancient Accepted Scottish Rite of Free Masonry, n/k/a the Trustees of
the Supreme Council of the Ancient Accepted Scottish Rite of Free Masonry for the Northern
Masonic Jurisdiction of the United States of America (the "Seller "), the Town Lexington, acting
by and through its Board of Selectmen (the "Buffer "), and with respect to the Easement, as
defined herein, the Scottish Rite Masonic Museum and Library, Inc. (the "SRMML ").
WHEREAS, Seller and Buyer entered into that certain Purchase and Sale Agreement
dated as of April 30, 2013 (the "Agreement ") in connection with the conveyance of that certain
land and the improvements located thereon commonly known as 39 Marrett Road Lexington,
Massachusetts and as further described in the Agreement (the "Property ");
WHEREAS, pursuant to the Agreement, Seller agreed to convey that certain easement as
set forth in Paragraph 15 of the Agreement to Buyer (the "Easement ");
WHEREAS, in the course of its due diligence of the Property, Buyer discovered that
Seller did not hold title to the fee of the parcel on which the Easement will be granted and
instead that SRMML holds title to the fee;
WHEREAS, Buyer has requested and Seller has agreed to amend the Agreement to
provide that SRMML will grant the Easement; and
WHEREAS, the parties also wish to change the Closing Date under the Agreement from
November 30, 2013 to December 3, 2013.
NOW THEREFORE, in consideration of the foregoing and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. Closing Date. The time for closing is changed from November 30, 2013 to
December 3, 2013.
2. Easement. Paragraph 15 of the Agreement is hereby amended by adding the
following sentences:
"The parcel on which the Easement will be granted (Lot Al as shown on Plan 426
of 2013 recorded with the Middlesex South Registry of Deeds) is owned by the
Scottish Right Masonic Museum and Library, Inc., a Massachusetts corporation.
The Scottish Right Masonic Museum and Library, Inc. agrees to grant the
Easement as provided for in and under the terms of this Paragraph 15."
(A0210028.1 )
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3. Counterparts. This Amendment may be executed by facsimile and in multiple
counterparts which, when taken together, shall constitute one instrument.
4. Ratification. Except as amended hereby, the Agreement shall be, and hereby is,
ratified, confirmed and approved and shall remain in full force and effect in accordance with its
terms. Defined terms that are not specifically defined herein shall have the meanings ascribed to
them under the Agreement.
tA0210028.1 }
[Signatures to appear on next page.]
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IN WITNESS WHEREOF, the parties hereto have executed this Amendment under seal
as of the date first above written.
SELLER
Trustees of the Supreme Council of the
Ancient Accepted Scottish Rite of Free
Masonry, n/k/a the Trustees of the Supreme
Council of the Ancient Accepted Scottish
Rite of Free Masonry for the Northern
Masonic Jurisdiction of the United States of
America
Town Lexington
Board of Selectmen
De ra N. Mauger, Chair
Peter C.WKelley \1
By:
Name: -Z�2 �i
Its: President Norman . Cohen
By: Hank Manz
Name:
Its: Treasurer 2A
j9W 1�
N. Pato
With respect to Paragraph 15 herein:
Scottish Rite Masonic Museum and Library,
Inc.
By:
Name:
Its: President
By:
Name:
Its: Treasurer
{A0210028,1 }
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