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Digitized by the Internet Archive 

in 2010 with funding from 

Boston Public Library 



http://www.archive.org/details/developerskitsoubost 



Property Of 

BOSTON nEDtVcLUi'iw.Ni mhiom 

Libraiy 

SOUTH STATION DEVELOPMENT OFFERING 

Table of Contents /^){/ ^S' — ■> /^ -p 
I, Introduction 

A, Purpose of Offering 

B, Objectives 

C, Criteria for Selection 

D, Land Price 

E, Procedures 

P. Possible Stadium Site 

II. Description of South Station Property 
III. Urban Renewal Process 
IV. Offering 

1. Parcel A, 

2. Parcel B. 

3. Parcel C. 

V, Specifications and Requirements 

A, Parcel by Parcel Specifications 

1. Parcel A, 

a) Permitted Uses 

b) Required Development 

c) Access 

2. Parcel B. 

a) Permitted Uses 

b) Required Development 

c) Access 

3. Parcel C. 

a) Permitted Uses 

b) Required Development 

c) Access 

d) Interior Circulation 

e) Easements 

f) Garage Operating Policy 



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Table of Contents ... cent. 

V, B. Controls Applicable to All Parcels 

1 , Landscaping 

2, Sign Control 

3, Subway Easements 

4, Provisions for Handicapped People 

5, Parking 

C, General Requirements 

1. Tax Revenue 

2. Land Price 

3. Easements 

4. Railroad Requirements 

5. Open Space and Pedestrian Circulation 

VI. Procedure 

A. Submission Requirements - Stage 1. 

1. Submission of Letter of Interest 

2. Review of Letters 

3, The Negotiation Period 

4, Development Proposals 

5, Inquiries 

6. Design Review' 

VII. Legal Documents 

A. Letter of Interest 

B. tlHPA Form H-6004 

C, Letter of Intent to Proceed 

D, Land Disposition Agreement 

VIII, Appendices 

A, Boston Redevelopment Authority: Design and Urban 
Renewal 

B, Urban Renewal Administration - #249 - Design and 
Urban Renewal 

C, Boston Redevelopment Authority ~ Statement on works 
of art in redevelopment projects 



Pg. 2 of 3 



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Table of Contents ... cont. 



MAPS 



1. Site Location 

2. Parcel Plan 

3. Access Plan 

4. Estimated Track Retirement 

5. Easement Plan — h^yd^r 



i^rial Photograph — /-^t^.v* 



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I. INTRODUCTION 

The South Station property of approximately 23 acres occupies a 
pivotal location in downtown Boston, At present it is used primarily 
as a rail terminal for the New York, New Haven and Hartford and Boston 
and Albany railroads for related uses. Since World War II, in common 
with other rail carriers, commuter passenger use on those railroads 
has declined drastically. During this same period, however, the con- 
struction of nev7 expressways, the development of plans for new rapid 
transit and the growth of the downtown Boston economy have all added 
to the potential of the area. 

In recognition of these facts, the Boston Redevelopment Authority 
has negotiated the purchase of the entire property from the Boston 
Terminal Corporation, The purchase agreement has received the approval 
of the Federal District Court, the overseer of the Terminal Corporation 
in bankruptcy. It is therefore appropriate for the Authority and the 
City to give immediate consideration to the future development of the 
South Station property, 

A, Purpose of Offering 

Interest in developing ±he property has been expressed 
on behalf of several public agencies as well as private 
developers. In addition, there are varied proposals for the 
development of the site which have been discussed and studied 
at one time or another. This offering is being made at this 
time in order that all interested developers, private or 
public, may have the opportunity to submit specific 
development proposals for all or a portion of the site. 

The Authority will weigh all proposals very carefully 
to determine their feasibility, the appropriateness of the 
design and the benefits which they will bring to the City 
as a whole and to the Central Business District in partic- 
ular. Following the evaluation of such property, the 
Authority will select the developer or developers for the site 
and authorize them to submit detailed plans leading to the 
execution of the land disposition agreement. 

The Authority reserves the right to reject any and all 
proposals, 

B, Objectives 

Detailed planning studies of the South Station area 
and the Central Business District are now being undertaken 
by the Authority and its consultants. These studies have 

I. 1 of 4 



progressed sufficiently to date so that the Authority can 
set forth in broad terms the objectives which it seeks to 
achieve by the development of the South Station area. 
These objectives are set forth below for the guidance of 
developers; 

1. Provision of Economic Strength 

By its critical location, the South Station area 
lends itself to a very intensive economic use as well 
as the provision of a large parking garage, A combina- 
tion of commercial and parking uses should be such that 
it will add significantly to the economy of the down- 
town area and have a favorable impact on the adjacent 
retail and financial districts, 

2. Relation to the Central Business District 

The South Station is a major site within the Central 
Business District, although historically it has been 
somewhat separated from that district by reason of the 
intervening major traffic streets. A major objective 
of the Central Business District development program 
is to tie together the South Station area and the ad- 
jacent retail and financial districts. Thus, the 
construction of a major pedestrian overpass at Dewey 
Square leading from the South Station to Summer and 
Federal Streets, the provision of special "minibus" 
transportation, and other measures designed to link the 
South Station with the Central Business District 
^^7ill be made part of the Central Business District Project. 

3. Design Objectives 

The South Station presents an unusual design oppor- 
tunity, not only to create a major development in and 
of itself but also to relate this development to the 
adjacent areas. The Authority has not endeavored to 
establish any rigid design controls, but rather intends 
to give developers the ma::imum flexibility in submitting 
their design proposals. All design proposals, however, 
will be subject to Authority review, comment and approval. 
Major design considerations include the provision of 
adequate and well designed space for pedestrian circu- 
lation, the relation of the garage to the commercial 
parcels and the relation of both of these to Summer 
and Federal Streets, the visual opportunity presented by 
the adjacency of the Port Point Channel and the harbor 
as well as by the location of the property in relation to 
the expressway and highway systems, 

I, 2 of 4 



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C, Criteria for Selection 

The overriding standard to be employed by the Authority 
in judging development proposals is the determination 
of ma::imum benefit to the City. This will be judged in 
terms of economic impact with respect to tax income and 
long-term economic strength, as well as benefits to the 
surrounding area and the impact of the development proposal 
on the downtown as a whole. Within this broad standard, 
all development .proposals will be judged in accordance with 
the following three criteria: 

1, The financial feasibility of the development 
proposals, 

2, The demonstrated experience and skill of the devel- 
oper, his consultants and his architect. 

3, The design concept. 

D. Land Price 

It is the Authority's policy that the price for the South 
Station land will be established in accordance with regular 
procedures through independent appraisals based on the 
final development program. No such land price has yet been 
established? and for the purpose of economic analyses 
undertalcen in the preparation of stibmissions, developers 
may assume prices on the basis of their own best judgement. 
It should be noted however that the South Station property 
will not be sold on the basis of price competition since 
in the Authority's judgement such a competition would serve 
to emphasize price at the expense of the quality of the 
development, its design and its timetable. Therefore, no 
proposals for land price should be submitted by any 
developer, public or private, 

E. Procedures 

Tlie Authority staff are available for consultation 
in order to clarify and interpret any part of this offering 
and such clarifications or interpretations will be made 
available to all prospective developers. 



I, 3 of 4 



p. Possible Stadium Site 

For information purposes. Map, No. 2 shows, as 
Parcel D, a site directly south of the South Station 
Property, V7hich is the possible location of a major new 
sports stadium for the City of Boston. This site is 
closely related to the South Station Property, and 
prospective developers should take into consideration 
the possibility that such use raight be made of the site. 

Parcel D is presently owned by the Commonwealth, the 
MBTA and the New Haven Railroad. The BRA has no active 
plans at this time to acquire ownership of the tract. 



I. 4 of 4 



II. DESCRIPTION OP SOUTI-I STATION PROPERTY 



A, Location and Size of Property 

The South Station Property consists of appror-cimately 
23.5 acres (or 1,029,000 square feet) occupying a prime 
site in the heart of Boston, Ilassachusetts. The property 
lies less than 1500 feet from the principal retail and 
financial areas in dovmtown Boston, These and other im- 
portant areas in the vicinity of the Property are shown 
on Map, No, 1, 

The South Station Property is well served by highways 
and mass transportation facilities. It is located at the 
terminus of the Massachusetts Turnpike, and is served by 
direct connection to the John P, Fitzgerald Expressway, 
and through it, to all major highways serving the City, 

There is an MBTA subway stop directly on the Property; 
and as part of the current MBTli expansion, it is likely 
that South Station will be .the terminus of a new route to 
the South Station. 



II. 1 of 1 



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III. THE URBAN RENEWAL PROCESS 

The Central Business District Project consists of 245 acres 
and is bounded by the Government Center Project on the north, the 
South Cove Project on the south, Boston Common on the west and 
the financial district and Port Point Channel on the east. The 
Project is in the final stages of Survey and Planning under a 
planning advance loan from the Urban Renewal Administration. 
Detailed planning, traffic, economic and other studies have been 
made and a final draft urban renewal plan is now under preparation. 
Capital grant funds in the amount of $19,000,000 have been reserved 
by the Urban Renewal Administration for this Project. 

The South Station property is proposed to be acquired as part 
of the Early Land program within the Central Business District 
Project, The Authority intends to move with all reasonable speed 
to consummate the acquisition of it and have the land available for 
development as soon as possible. The public hearing and public 
approval process is presently under \Jay, 



III. 1 of 1 



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IV. 0FFERIL7G 

For the purposes of this offering, the South Station Property 
has been divided into three sub-parcels, as shown on Map. No. 2. 
These parcels are capable of either independent or integrated 
development, and the Authority will entertain proposals for either 
the entire site or any designated subparcel. 

The suJoparcel lines as established by the Authority are not 
intended to be entirely definitive. The Authority will consider 
proposals for subparcels of different sizes or dimensions, but 
reserves the right to retain the parcel lines indicated. Devel- 
opers proposing changes in these lines should include a full ex- 
planation of the need, in terms of development potential, for 
parcels of different dimensions. 

!• Parcel A is located at the corner of Summer Street and 
Atlantic Avenue, It consists of approximately 120,000 square 
feet and is available for general commercial uses. It is an 
ideal site for major intensive development such as a trade 
mart or office tower or a combination of uses. The possi- 
bility of direct entrance to the garage on Parcel A should 
be e^iploited, as well as utilisation of pedestrian access 
via the Dewey Square Overpass, 

2. Parcel B lies to the east of Parcel A. It contains 
appro::imately 50,000 square feet and is also available for 
general commercial uses. Its size and location make it 
appropriate for a high rise office building or motel. 

The possibility of direct entrances to the garage on 
Parcel C should be exploited as well as utilization of 
pedestrian paths leading to the Dewey Square Overpass. 

3» Parcel C consists of 680, eOO square feet at the southern 
portion of the site. A major portion of the Parcel is 
currently in trackage use and is immediately available for an 
air-rights development only. The portion of Parcel C now 
in track use will become available under a schedule which 
is related to the relocation and/or retirement of New Haven 
Railroad tracks. This schedule is as follows (See Map 4) ; 



IV, 1 of 2 



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Segment 1 1958 

2 1971 

3 1974 

4 1977 

5 Mot to be 

abandoned 



Parcel C is designated for garage and ancillary uses. In 
addition the possibility exists that a major commercial building 
could be constructed on this site. It is the intention of the 
Authority that the garage would be constructed on air rights / 
with direct connections to the Turnpike and Expressway, and with 
pedestrian connections to the proposed Dewey Square Overpass, and 
to the iVlBTA facilities below the site. Map No, 3 shows proposed 
access and egress. 



IV. 2 of 2 



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V. SPECIFICATIONS AND REQUIREMENTS 

A. Parcel by Parcel Specifications 
■ 1. Parcel A , 

a) Permitted Uses 

1) General commercial 

2) Bus station? ancillary uses 

3) Railroad station waiting room; ancillary uses 

b) Required Development 

1) At least 400,000 sq. ft, of commercial develop- 
ment 

c) Access 

Limited access from Atlantic Avenue and Summer 
Street. (See Map 3) 

2 , Parcel B . 

a) Permitted Uses 

General commercial and ancillary uses. 

b) Required Development 

At least 300,000 sq. ft. of commercial development. 
If proposed for a motel or hotel at least 300 guest 
rooms . 

c) Access 

From Summer Street & Dorchester Avenue (See Map No. 3) 

3. Parcel C 

a) Permitted Uses 

Parking; transportation tern^inal; motor freight 
terminal; commercial 

V 1 of 5 



b) Required Development 

Garage with capacity of 3500-5000 cars. 

c) Access 

Direct garage connections to Mass. Turnpike 
and Fitzgerald Expressway? 

From and to Dorchester Ave. and Kneel and Street? 
to Beach Street; from Essex Street, 

d) Interior Circulation 

Possible minibus operation within garage and 
to downtown areas should be accommodated. 
Easy pedestrian access to Dewey Square and 
Svimmer and Federal Streets, 

e) Easements 

1) See Map No, 5, 

2) Pedestrian access to and from Parcels A and B 
must be provided. 

f ) Garage Operating Policy 

The rate structure must be designed to encourage 
short-term parking for shoppers and visitors. 
An estimated rate schedule should be indicated 
in the submission, and the Land Disposition 
Agreement will provide for Authority approval 
of changes in such rate schedule. 



V. 2 of 5 



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B. Controls Applicable to All Parcels 

1, Subway Easements 

Easements for existing subway tunnels must be 
maintained, and construction shall proceed so as not to 
damage or threaten damage to or cause leakage in or im- 
pair the structure or support of, or interfere in any 
way with the use of Massachusetts Bay Transit Authority 
facilities, and any existing above-ground facilities 
must be restored or replaced in a manner acceptable to 
the Massachusetts Bay Transit Authority. 

2» Landscaping 

All open areas must be suitably landscaped so as to 
provide a visually attractive environment. 

3. Signs 

All signs must be suitably integrated with the 
architectural design of the structure which they identify. 
The size, design, location, and number of signs shall be 
approved by the Authority. 

4. Provisions for Handicapped People 

All buildings shall be so designed that persons in 
wheelchairs can enter and leave and travel about the 
building in a reasonable manner without undue obstruction. 
Appropriate entrances and e-its for such persons shall 
be constructed on all major frontages, 

5. Parking . 

Proposals for only a limited amount of parking spaces 
will be considered for Parcels A and B, the amount and. 
location of which will be subject to the approval of the 
Authority. Parcel C is intended to be the garage parcel. 



V. 3 of 5 



C« General Requirements 
1. Tax Revenue 

One of the objectives of the South Station development 
should be to return as much tax income to the city as is 
possible, consistent with good design, public amenities, 
and conformity to the controls, requirements and objectives 
of this offering. Private developers should indicate esti- 
mated taxes; public developers should indicate the amount 
of payment-in-lieu-of-taKes they would expect to pay. 
A selected public developer will be expected to make a 
formal commitment covering this matter. 

2. Land Price 

Prices for the South Station Property and for the 
individual sub-parcels will be established on the basis 
of two independent re-use appraisals in accordance with 
Federal regulations, and concurred in by HHFA. Such 
appraisals have not yet been made. 

The prices, once established, will be fixed, and the 
Authority will not entertain proposals to change them. 

The South Station Property will not be sold on the 
basis of a price competition, but rather upon an evalua- 
tion of individual proposals in terms of over-all benefit 
to the community. 

3. Easements 

A full statement of underground utility easements 
is being prepared and will be sent out in an addendum 
to this Development Offering. 

4. Railroad Requirements 

The purchase agreement between the Boston Redevelop- 
ment Authority and the Boston Terminal Corporation contains 
provision both for continued use of necessary railroad 
trackage and future requirements for railroad terminal 
functions such as baggage handling, ticketing and waiting 
room space. Under the terms of the agreement the rail- 
roads may elect to construct their own facilities on a 
small subparcel of land to be made available to them by 
the Authority, or they may elect to occupy appropriate 



V. 4 of 5 



4. Railroad Requirements ... cont. 

terminal space in a convenient location as part of the 
new development to be constructed on the site. For the 
purposes of this initial submission, developers should 
assume that the railroad will elect the second alterna- 
tive and therefore development proposals should accom- 
modate approximately 25,000 square feet of terminal 
space reasonably convenient to the track ends and to 
Atlantic Avenue and Summer Street. 

5- Open Spa ce and Pedestrian Circulation 

One of the objectives of the South Station development 
IS the provision of generous open space linked to pedes- 
trian paths which organize walking movement over the 
entire site. Developers of individual sub-parcels will 
be required to accommodate appropriate open space and 
pathways, link them with pathways on adjacent parcels, 
and grant such public easements as may be required to 
meet the objective. 



V. 5 of 5 



VI. PROCEDURE 

A. Submission Requirements - Stage I 

1. Submission of Letter of Interest 

Developers interested in the South Station property may 
submit a letter indicating such interest, not later than 
5;00 p.m., February 1, 1966, to Edward J. Logue, Development 
Administrator, BRA, City Hall Annex, Boston 8, Massachusetts. 
Submissions should include; 

a) Letter of Interest (in the form suggested in Section 
VII, Legal Documents) and $5000 deposit. The re- 
quired deposit may be in cash, certified check, 
savings bank books, or irrevocable letter of credit, 
drawn to the order of the Boston Redevelopment Au- 
thority. Interest, if any, on the deposit will 
remain the property of the competitor, but the 
Authority is under no obligation to earn interest 

on any deposit. 

b) statement of portion or portions of the South 
Station property desired. 

c) Type of development proposed, including proposed 
use and estimated cost. Estimate of tax income 
to City, whether by ad valorem taxes or payments- 
in-lieu-of-taxes. 

d) Name and address of architect, together with de- 
scription of projects completed since January 1, 
1950, or presently under construction including 
photographs, dollar value, client or owner -and 
location? listing of publications, awards and honors 
of the firm. In the case of a partnership or col- 
laboration, the name of the architect with the de- 
sign responsibility should be stated. 

e) A schematic design proposal prepared by the archi- 
tect including the following items; 

1) Site Plan at scale of 1/40" = 1' 

2) Circulation and access plan at 1/40" = 1' 

3) Such elevations, sections and other materials 
as may be required to show the general form, 
character and materials of the proposed 
building or buildings. 

VI. 1 of 5 



f) Legal and Financial Qualification Information. 

For private developers, completed HHFA Form H-6004, 
Redeveloper ' s Statement for Public Disclosure and 
Statement of Qualifications and Financial Responsi- 
bility (see Section VII, Legal Documents). Any 
additional information respecting financial responsi- 
bility, such as tenancy commitments, if any? state- 
ment of discussions with prospective tenants; equity 
commitments from other sources, if any? mortgage 
loan discussions, preliminary letters, or commitments, 
The nature of this offering is such that interested 
developers should put forward the strongest possible 
statement of financial qualifications. 

For public developers, evidence of legal authority 
to finance and carry out the proposed development. 
Description of financial program, including sources 
of capital and operating funds. If revenue bond 
financing is proposed, a letter from a nationally 
recognized bond underwriter respecting feasibility 
and indicating sources and bases for cost and in- 
come estimates in sufficient detail to demonstrate 
such feasibility, and a letter from a nationally 
recognized bond counsel regarding legal authority. 
If other type of financing is proposed, full state- 
ment of sources^ legal authority, and evidence of 
feasibility. It is the intention of this paragraph 
that public developers should possess, or have the 
ability to possess, full capability to construct 
and operate an economically feasible development. 

2. Review of Letters 

The Development Administrator will acknowledge each 
letter on behalf of the Authority, and will have a staff 
evaluation made as follows; 

Financial - The information submitted will be analyzed 
to determine if the developer is financially responsible and 
has the resources necessary to carry out the project. 

Design Proposal - The architectural material will be 
judged on the basis of the excellence and appropriateness 
of the design concept and the extent to which it meets the 
design objectives as stated in this offering. 



VI. 2 of 5 



Qualifications , - . The developer will be considered 
qualified if it has the legal authority, adequate staff 
resources, and prior experience in the undertaking of 
projects of comparable magnitude or complexity. In the 
case of public bodies with no such prior experience, 
a very strong statement of staff and consultant resources 
is encouraged. 

3. The Negotiation Period 

During this period, the BRA staff and the Development 
Administrator will enter into negotiations with qualified 
developers who have submitted Letters of Interest. The 
Development Administrator may hold joint conferences with 
all of the prospective developers, in order to coordinate 
architectural and development proposals relating to the 
several parcels 

The Development Administrator will make such recom- 
mendations to the Authority as seem appropriate, including 
the method to be used in selecting developers from among 
those submitting Letters of Interest. 

4. Development Proposals 

When the negotiation process with a prospective 
developer or developers has proceeded favorably, the 
Development Administrator may invite such developer (s) to 
submit a formal proposal to the BRA covering the portion 
or portions of the Site involved; or, if the BRA deter- 
mines to hold a competition, prospective developers will, 
in accordance with procedural rules to be established, 
have the opportunity to submit formal development pro- 
posals. In either case such proposals will include the 
following; 

a) Letter of Intent (see Section VII, Legal Documents)? 

b) Substantial deposit; 

c) Financial program for the buildings. 

For a private developer such program must include 
estimated cost; source of funds, including equity 
funds; and mortgage commitments. Equity sources 
must be dtbcribed, with binding pledges to the 
undertaking. 



VI. 3 of 5 



Mortgage commitments must include both temporary 
and permanent financing commitment letters from 
recognized lending institutions, if equity or 
mortgage funds are dependent upon tenancy commit- 
ments, such commitments must be shown. Where the 
developer consists of an unincorporated association, 
joint venture, etc., an executed agreement of asso- 
ciation setting forth in detail the respective re- 
sponsibilities and liabilities of the parties must 
be submitted. 

For a public developer, such program must include 
estimated cost and estimated operating statement. 
Ti'There revenue or general obligation bond financing 
is to be used, updated statements of nationally 
recognized bond underwriter and bond counsel. Where 
funds are to be provided by other means, evidence 
of complete legal availability of such funds, and 
commitment of such funds to this undertaking. 

The financial program will be acceptable if it 
clearly supports a finding that the developer has 
the present resources necessary to carry out the 
project, and has committed such resources to the 
project. 

d) Developed Design Proposal, consisting of site plans, 
elevations, sections, renderings and other materials 
as specified by the Authority. 

Upon acceptance of a proposal by the BRA, the 
Redeveloper 's Disclosure material (if required) 
will be published and, after the appropriate waiting 
period, the Letter of Intent executed on behalf of 
the Authority. 

5. Inquiries 

Inquiries from prospective developers are welcome. 
Staff of the Authority will be available under the direction 
of the Development Administrator, for discussion of the ma- 
terials in this offering and the Authority's general objec- 
tives in the South Station Area in particular. Answers to 
particular inquiries will be made available in written form 
to all prospective developers. 



VI. 4 of 5 



6. Design Review 

All submissions will be subject to complete and detailed 
design review. This review will be concerned with the de- 
sign concept and the extent to which the proposal meets both 
the broad and specific objectives as set forth in this offer- 
ing. The review will also be concerned with the massing 
and arrangement of building, the provision of pedestrian 
circulation and open space, the linkage with the downtown 
area and all other relevant facets of the design. 



VI. 5 of 5 



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VII. A, Letter of Interest 

(Use Developer's Letterhead) 

Subject: South Station Site 



Dear Mr. Logue: 

V7e are interested in developing the South Station Site 
Submitted herewith are: 

1. Certified check in the amount of $5000. 

2. Legal and Financial Qualification Information. 

3. Statement of development proposed, including proposed 
use and estimated cost. Estimated tax income to City, 

4. Materials on architect's qualifications. 

The portion cf the South Station Site we are interested in 
ie . The architect we have retained 

for this development i s __>—__—__ of 

(architect's name) 

. of 

(name of firm) (address) 



X. 



We understand that the $5000 deposit is to be retained by 
you as a negotiation fee, but that it will be refunded to us 
(1) upon our written notice to you that we are no longer in- 
terested in the Parcel, at any time up until 10 days after such 
date as we are informed by you that the deposit is no longer 
refundable; or (2) at such time as the Authority has accepted 
a Letter of Intent by another developer for the same parcel. 

Interest on the deposit is our property but vie understand 
that the Authority is under no obligation to invest or reinvest 
it. 



(Developer) 



Form approved H-6OO4 

Budget Bureau No. 63-R867. 5 (2-63) 

HOUSING AND HOME FINANCE AGENCY 

URBAN RENEWAL ADMINISTRATION 

REDEVELOPER'S STATEMENT FOR PUBLIC DISCLOSURE 

and 

REDEVELOPER'S STATEMENT OF QUALIFICATIONS AND FINANCIAL RESPONSIBILITY 

NOTE: If the Redeveloper is an individual (or individuals jointly) ivho will redevelop land or rehabili- 
tate property for residential use with a structure containing not more than four dAoelling units, and who 
will occupy one or more of the dwelling units, Form ll-BOOJiA shall be used in place of this form. 

Purpose and Applicability of These Forms 

The attached form of Redeveloper's Statement for Public Disclosure is to be used by the Local 
Public Agency in obtaining the information from proposed redevelopers to be made public by the LPA in ac- 
cordance with the requirements of Section 105(e) of the Housing Act of 1949, as amended. This form is 
to be completed by each proposed redeveloper with whom the LPA proposes to enter into a contract for, 
or understanding with respect to, a disposal of project land, except the Federal Government or a State 
or local government acquiring project land for a public nonresidential use. 

The attached form of Redeveloper' s Statement of Qualifications and Financial Responsibility is for 
the guidance of the LPA in prescribing the information to be furnished by proposed redevelopers as evi- 
dence of their qualifications to undertake the obligations to be imposed under proposed agreements for 
the purchase or lease of project property for redevelopment or rehabilitation. The information provided 
for in this form is to be furnished by all redevelopers except the Federal Government and States, munici- 
palities, and other public entities acquiring land for public use. 

Submission to HHFA Regional Office 

One certified conformed copy or duplicate original of each of the two forms is required to be sub- 
mitted to the HHFA Regional Office. 

Responsibility of LPA To Determine Adequacy and Legality 

No assurance is given that the provisions of the suggested forms will supply all of the information 
needed by the LPA or that such forms will comply with State and local law. If additional information is 
needed, the LPA is responsible for making adjustments in the forms so that they will comply with such 
requirements, bearing in mind also the applicable provisions of the Contract for Loan and Grant and the 
Housing Act of 1949, as amended. 

Use of the Forms 

This page should be removed before the forms are furnished to prospective redevelopers. 



REDEVELOPER'S STATEMENT FOR PUBLIC DISCLOSURE' 



A. REDEVELOPER AND LAND 

1. a. Name of Redeveloper: 

b. Address of Redeveloper: 



2. The land on which the Redeveloper proposes to enter into a contract for, or understanding with 
respect to, the purchase or lease of land from 



(Name of Local Public Agency) 



(yame of Urban Renewal or Redevelopment Project Area) 



in the City of , State of, 

is described as follows:'^ 



' If space on this form is inadequate for any requested infornuvtion, it should be furnished on an attached 
page which is referred to under the appropriate numbered item on the form. 

^ Any convenient means of identifying the land (such as block and lot numbers or street boundaries) is 
sufficient. A description by metes and bounds or other technical description is acceptable, but not re- 
quired. 



3. If the Redeveloper is not an individual doing business under his own name, the Redeveloper has 
the status indicated below and is organized or operating under the laws of 



[^2] ^ corporation. 

Q A nonprofit or charitable institution or corporation. 

[^^ A partnership known as 

QJ A business association or a joint venture known as 

[^^ A Federal, State, or local government or instrumentality thereof. 
[^] Other (explain). 

4. If the Redeveloper is not an individual or a government agency or instrumentality, give date of 
organization: 



5. Names, addresses, title of position (if any), and nature and extent of the interest of the officers 
and principal members, shareholders, and investors of the Redeveloper, other than a government 
agency or instrumentality, are set forth below as follows: 

a. If the Redeveloper is a corporation, the officers, directors or trustees, and each stockholder 
owning more than 10% of any class of stock.* 

b. If the Redeveloper is a nonprofit or charitable institution or corporation, the members who con- 
stitute the board of trustees or board of directors or similar governing body. 

c. If the Redeveloper is a partnership, each partner, whether a general or limited partner, and 
either the percent of interest or a description of the character and extent of interest. 

d. If the Redeveloper is a business association or a joint venture, each participant and either 
the percent of interest or a description of the character and extent of interest. 



' If a corporation is required to file periodic reports with the Federal Securities and Exchange Commis- 
sion under Section 13 of the Securities Exchange Act of 1934, so state under this Item 5. In such case, 
the information referred to in this Item 5 and in Items 6 and 7 is not required to be furnished. 



5. e. If the Redeveloper is some other entity, the officers, the members of the eoverning hody, 
and each person having an interest of more than 10%. 

Position Title (if any) and Percent 
of Interest or Description of 
Name and Address Character and Extent of Interest 



Name, address, and nature and extent of interest of each person or entity (not named in response 
to Item 5) who has a beneficial interest in any of the shareholders or investors named in response 
to Item 5 which gives such person or entity more than a computed 10% interest in the Redeveloper 
[for example, more than 20% of the stock in a corporation which holds 50% of the stock of the 
Redeveloper; or more than 50% of the stock in a corporation which holds 20% of the stock of the 
Redeveloper]: 

Description of Character 
Name and Address and Extent of Interest 



7. Names (if not given above) of officers and directors or trustees of any corporation or firm listed 
under Item 5 or Item 6 above: 



B. RESIDENTIAL REDEVELOPMENT OR REHABILITATION 

[The Redeveloper is to furnish the following information, but only if land is to be redeveloped or 
rehabilitated in whole or in part for residential purposes.] 

1. State the Redeveloper's estimates, exclusive of payment for the land, for: 

a. Total cost of any residential redevelopment $ 

b. Cost per dwelling unit of any residential redevelopment $ 

c. Total cost of any residential rehabilitation $ 

d. Cost per dwelling unit of any residential rehabilitation $ 



5 - 



2. a. State the Iledeveloper's estimate of the average monthly rental (if to be rented) or average sale 
price (if to be sold) for each type and size of dwelling unit involved in such redevelopment or 
rehabilitation: 

Estimated Average Estimated Average 

Type and Size of Dwelling Unit Monthly Rental Sale Price 



b. State the utilities and parking facilities, if any, included in the foregoing estimates of rentals: 



State equipment, such as refrigerators, washing machines, air conditioners, if any, included in 
the foregoing estimates of sales prices: 



- 6- 



CERTIFICATION 



I (We) 1 



certify that this Redeveloper's Statement for Public Disclosure is true and correct to the best of my (our) 
knowledge and belief. 



Dated: Dated: 



If the Redeveloper is an individual, this statement should be signed by such individual; if a partner- 
ship, by one of the partners; if a corporation or other entity, by one of its chief officers having knowl- 
edge of the facts required by this statement. 



REDEVELOPER'S STATEMENT OF QUALIFICATIONS AND FINANCIAL RESPONSIBILITY 

[For confidential official use of the Local Public Agency 
and the Housing and Home Finance Agency] 

1. a. Name of Redeveloper: 



b. Address of Redeveloper; 



2. The land on which the Redeveloper proposes to enter into a contract for, or understanding with re- 
spect to, the purchase or lease of land from 



(Name ol Local Public Agency) 



(Name of Urban Renewal or Redevelopment Project Area) 



in the City of , State of 

is described as follows: 



Is the Hedeveloper a subsidiary of or affiliated with any other corporation or corporations or any 
other firm or firms? Ill] Yes C2 No 

If Yes, list each such corporation or firm by name and address, specify its relationship to the Ile- 
developer, and identify the officers and directors or trustees common to the Redeveloper and such 
other corporation or firm. 



I 



a. The financial condition of the Redeveloper, as of ^ , 19 , 

is as reflected in the attached financial statement. 

(Note: Attach to this statement a certified financial statement showing the assets and the lia- 
bilities, including contingent liabilities, fully itemized in accordance with accepted accounting 
standards and based on a proper audit. If the date of the certified financial statement precedes 
the date of this submission by more than six months, also attach an interim balance sheet not 
more than 60 days old.) 

b. Name and address of auditor or public accountant who performed the audit on which said finan- 
cial statement is based: 



If funds for the development of the land are to he obtained from sources other than the Redeveloper's 
own funds, a statement of the Redeveloper's plan for financing the acquisition and development of the 
land: 



Sources and amount of cash available to Redeveloper to meet equity requirements of the proposed 
undertaking: 

a. In banks: 

Name and Address of Rank Amount 

$ 



b. By loans from affiliated or associated corporations or firms: 

Name and Address of Source Amount 

$ 



c. By sale of readily salable assets: 

Description Market Value Mortgages or Liens 



J. Names and addresses of bank references: 



i. a. Has the Redeveloper or (if any) the parent corporation, or any subsidiary or affiliated corporation 
of the Redeveloper or said parent corporation, or any of the lledeveloper's officers or principal 
members, shareholders or investors, or other interested parties (as listed in the responses to 
Items 5, 6, and 7 of the Hedeveloper's Statement for Public Disclosure and referred to herein as 
"principals of the Redeveloper") been adjudged bankrupt, either voluntary or involuntary, within 
the past 10 years? 

□ Yes □ No 
If Yes, give date, place, and under what name. 

b. Has the Redeveloper or anyone referred to above as "principals of the Redeveloper" been in- 
dicted for or convicted of any felony within the past 10 years? |^^ Yes \2Z\ No 

If Yes, give for each case (1) date, (2) charge, (3) place, (4) Court, and (5) action taken. Attach 
any explanation deemed necessary. 



h a. Undertakings, comparable to the proposed redevelopment work, which have been completed by 
the Redeveloper or any of the principals of the Redeveloper, including identification and brief 
description of each project and date of completion: 



b. If the Redeveloper or any of the principals of the Redeveloper has ever been an employee, in a 
supervisory capacity, for a construction contractor or builder on undertakings comparable to the 
proposed redevelopment work, name of such employee, name and address of employer, title of 
position, and brief description of work: 



0. Other federally aided urban renewal projects under Title I of the Housing Act of 1949, as amended, 
in which the Redeveloper or any of the principals of the Redeveloper is or has been the redevel- 
oper, or a stockholder, officer, director or trustee, or partner of such a redeveloper: 



4 - 



If the Redeveloper or a parent corporation, a subsidiary, an affiliate, or a principal of the Rede- 
veloper is to participate in the development of the land as a construction contractor or builder: 

a. Name and address of such contractor or builder: 



b. Has such contractor or builder within the last 10 years ever failed to qualify as a responsible 
bidder, refused to enter into a contract after an award has been made, or failed to complete a 
construction or development contract? [^] Yes F^l No 

If Yes, explain: 



c. Total amount of construction or development work performed by such contractor or builder dur- 
ing the last three years: $ . 

General description of such work: 



d. Construction contracts or developments now being performed by such contractor or builder: 

Identification of Date To Be 

Contract or Development Location Amount Completed 



e. Outstanding construction-contract bids of such contractor or builder: 

Awarding Agency - Amount Date Opened 



11. f. Brief statement respecting equipment, experience, financial capacity, and other resources avail- 
able to such contractor or builder for the performance of the work involved in the redevelopment of 
the land, specifying particularly the qualifications of the personnel, the nature of the equipment, 
and the general experience of the contractor: 



Ooes any member of the governing borfy of the Local Public Agency to which the accompanying 
bid or proposal is being made or any officer or employee of the Local Public' Agency who exor- 
cises any functions or responsibilities in connection with the carrying out of the project under 
which the land covered by the liodeveloper's proposal is being made available, have any direct 
or indirect personal interest in the liedevelopor or in the redevelopment or rehabilitation of the 
property upon the basis of such proposal? [2~J Yes [[^l ^"f" 

If Yes, explain. 



Does any member of the governing body of the locality in which the Urban Kenowal \rea is 
situated or any other public official of the locality, who exercises any functions or responsibili- 
ties in the review or approval of tlie carrying out of the project under which the land covered by 
the lledeveloper's proposal is being made available, have any director indirect personal intercs( 
in the Redeveloper or in the redevelopiiient or rehabilitation of the property upon the basis of 
such proposal? Q^ Yes [^^ No 

If Yes, explain. 



l;5. Statements and other evidence of the lledeveloper's qualifications and financial responsibility 
(other than the financial statement referred to in Item 4a) are attached hereto and hereby made a 
part hereof as follows: 



6 - 



CERTIFICATION 



I (We)' 



certify that this iiedeveloper's Statement of (Qualifications and Financial Responsibility and the attached 
evidence of the Redeveloper's qualifications and financial responsibility, including financial statements, 
are true and correct to the best of my (our) knowledge and belief. 



Dated: Dated: 



' If the Redeveloper is a corporation, this statement should he signed hy the President and Secretary 
of the corporation; if an individual, by such individual; if a partnership, by one of the partners; if an 
entity not having a president and secretary, by one of its chief officers having knowledge of the finan- 
cial status and qualifications of the Redeveloper. 



GPO »3»606 



LETTER OF INTENT TO PROCEED 
CENTRAL BUSINESS DISTRICT URBAN RENEWAL PROJECT 
SOUTH STATION 
Parcel (s) 



Gentlemen: 



(hereinafter called the 



"Redevelopers") hereby submit this Letter of Intent in connection 
with their proposal to develop the above designated portion of the 
South Station Property, sho\A,'n on the map attached hereto as Exhibit A, 

If selected by the Boston Redevelopment Authority as developer 
for this parcel, the Redevelopers hereby agree to accomplish the 
following: 

1. We agree to build approximatel y 



square feet gross floor area substantially in accordance with the 
Design Proposal for said parcel prepared b y 



dated and attached hereto as Exhibit B. 

We will utilize ^as our 

architect. 

2 . We agree to pay a price of $ per square foot for 

the approximately square feet contained in the afore- 
said Parcel (s) which price is subject to the concurrence of 

HHFA. 

3, Upon acceptance by the Authority of this Letter of Intent 
we shall proceed immediately to the preparation of architectural 
drawings. V7ithin 90 days after acceptance of this Letter of Intent 
by the Authority, we shall suLmit to the Authority final preliminary 
plans and outline specifications prepared by the architect and in 
conformity with the Urban Renewal Plan and the previously approved 
Design Proposal. The Authority will review and approve or disapprove 
such plans and specifications for such conformity and shall promptly 
notify us of its approval or disapproval in writing setting forth in 
detail any grounds for disapproval. If no grounds for disapproval 
are delivered to us within 30 days after submission or any re- 
submission as herein provided, such plans and specifications shall be 
deemed approved. In the event of a disapproval, we shall, within 30 
days after receiving notice of such disapproval, resubmit the final 
preliminary plans and outline specifications altered to meet the 



-2- 

grounds of disapproval. The resubmission shall be subject to the 
review and approval of the Authority in accordance with the proceed- 
ures herein above provided for an original submission until final 
preliminary plans and outline specifications shall be approved by the 
Authority; provided, however, that we shall submit plans and 
specifications which meet the requirements of this paragraph and the 
approval of the Authority within 5 months after acceptance of this 
Letter of Intent by the Authority. 

4. We intend to adhere to the following schedule: 

Time Periods 

As above - Submission of final preliminary plans and 
outline specifications. 

30 days - Execution of Land Disposition Agreement, 

assuming BRA approval of final preliminary 
plans . 

6 months - Submission of final working drawings and 
specifications . 

30 days - Accept conveyance of Parcel (s)_ 

assuming BRA approval of final working 
drawings and specifications . 



30 days 



- Commence Construction 



5. Upon acceptance by you of this Letter of Intent, we will 
promptly deliver to you a good faith deposit in the amount of $50,000 
in cash or other form acceptable to the Authority. This deposit 
shall be retained by the Authority as agreed liquidated damages, 
the exact amount of damages being difficult to ascertain, if we fail 
to execute the Land Disposition Agreement in accordance with the 
terms of this Letter of Intent or if we fail to conform to the terms 
of this Letter of Intent; or the deposit shall be returned if the 
Authority is unable to proceed with the disposition. Interest on the 
deposit, if any, shall be our property, but the Authority shall not 
be under any obligation to invest or reinvest any deposit. 



6. We agree to execute a Land Disposition Agreement 
substantially in the form of the agreement included in the South 
Station Developer's Kit. 



-3- 

7. We will cooperate with the staff of the Authority with 
respect to the architectural elements of the buildings to be construc- 
ted, in order that the development may conform fully to the object- 
ives of the Authority as set forth in the South Station Developer's 
Kit. We understand that the Authority has an interest in seeing 

that buildings to be constructed are of attractive appearance and 
sturdy quality, and that our submission of drawings and specifications 
will be reviewed by the Authority for design values and quality of 
construction . 

8. We shall also cooperate with the selected developers of 
other portions of the South Station Property to the end that a 
harmonious development of the entire parcel may result. 

If the foregoing meets with your approval, please indicate 
below and return an executed copy to us, whereupon this Letter shall 

constitute our selection as developer of Parcel (s) 

in accordance with the conditions set forth above. 

Very truly yours. 



By_ 



Date! 
Accepted ; 

Boston Redevelopment Authority 



By_ 



Development Administrator 



^&r. CC^ - /3'oy 



l-^jii At 3) 







BOSTON 

REDEVELOPMENT 

AUTHORITY 




LAND 
DISPOSITION 

AGREEMENT 



For Commercial Or Industrial U 







-.,-^ 






-?1 1 


1 "^ 


1 




^ il 


^ 






-e - ^ 






k ^^^ 





BOSTON REDEVELOPMENT AUTHORITY 
LAND DISPOSITION AGREEMENT 
For Commercial or Industrial Use 

THIS AGREEMENT, made and entered into the day of 

ERRATUM 

Page 9, Section 303 (c) should be changed to read as 
follows: 

"The Redeveloper shall submit a detailed estimated pro- 
gress schedule at the time Construction is begun, in a format 
generally used in the construction of buildings. This schedule 
shall be resubmitted each month until the construction of the 
improvements has been completed, with actual progress shown. 
This monthly submission shall be accompanied by a written 
report by the Redeveloper citing any adjustments to the pfsSgress 
forecast, analysing the causes thereof, and, where applicable, 
noting corrective efforts. After the sale and conveyance and 
delivery of possession of the Property to the Redeveloper and 
during the period of the Plan, such work of the Redeveloper 
shall be subject to inspection by representatives of the 
Authority, of the City and of the United States of America, 
and the Authority shall notify the Redeveloper promptly of 
any defects observed by it," 



\-/ a.xxc -^ -^"jfcrLy relers to Parcel . . of the 

rttachedTrf "^"ttu""^' ""^ '^"'' "^^"" '^"^ pro;;;;; Vhow;'on Ih^ Plan 
attached hereto as Exhxbit A, together with the fee to the centerline of all 
abutting streets, proposed or existing, as shown on saidPlan. 

(e) "Plan" shall mean the TTT-h^r^p^ i t-,i 

arlor^f^^ u 4.1. A , . Urban Renewal Plan 

adopted by the Authority on j ,. ^, ^ . 

Q^ ^ ^ "^ approved by the City Council 

"" ' ^^ ^* "^^y be amended in accordance with the provisions 



BOSTON REDEVELOPMENT AUTHORITY 
LAND DISPOSITION AGREEMENT 
For Commercial or Industrial Use 

THIS AGREEMENT, made and entered into the day of , 

196 , by and between BOSTON REDEVELOPMENT AUTHORITY, and 

WHEREAS the parties hereto have agreed as follows: 

ARTICLE I 

DEFINITIONS 

Section 101: Defined Terms 

For the purposes of this Agreement, the following terms shall have the 
meanings, respectively, ascribed to thein below: 

(a) "City" shall mean the City of Boston, Massachusetts. 

(b) "Authority" shall mean the Boston Redevelopment Authority, a public 
body politic and corporate, created pursuant to Chapter 121, Section 26QQ, of 
the Massachusetts General Laws (Ter. Ed. ), as amended, and shall include any 
successor in interest, whether by act of a party of this Agreement or by 
operation of law or otherwise. 

(c) "Redeveloper" shall mean a corporation 

formed and existing pursuant to the laws of the State of , and 

having a place of business in and shall include any successor 

in interest or assign, whether by act of a party to this Agreement or by 
operation of law or otherwise. 

(d) The "Property" refers to Parcel . . of the 

Urban Renewal Project Area, and shall mean that property shown on the Plan 
attached hereto as Exhibit A, together with the fee to the centerline of all 
abutting streets, proposed or existing, as shown on saidPlan. 

(e) "Plan" shall mean the Urban Renewal Plan 

adopted by the Authority on , approved by the City Council 

on , as it may be amended in accordance with the provisions 



therein contained, which Plan as amended to the date hereof is on file in the 
office of the Authority and in the office of the Clerk of the City, and a copy of 
which, as amended to the date hereof, has been marked Exhibit B and 
delivered to the Redeveloper, and is made a part hereof. The "Term of the 
Plan" shall mean a period of 40 years commencing upon the approval of the 
Plan by the Boston City Council. 

(f) "Design Proposal" shall mean the drawings, sketches and plans 
submiitted to the Authority, showing the general plan, elevations, dimensions 
and character of the improvements to be erected on the Property by the 
Redeveloper, including the type, amount, distribution and area of the various 
uses on the Property, which Design Proposal was submitted to and approved by 
the Authority on and is on file at the office of the Authority. 

(g) "Architect" shall mean the firm of 

acting pursuant to a contract for architectural services 

with respect to the improvements to be erected on the Property, a copy of 
which contract has been deposited with the Authority, which firm or contract 
shall not be changed without the prior written consent of the Authority. 

(h) "Parcel"' shall mean a portion of the Property which is conveyed or 
to be conveyed by means of a separate deed, or upon which a separate 
improvement is to be constructed. 

(i) "HHFA" shall mean the Administrator of the Housing and Home 
Finance Agency of the U. S. , or any officer duly authorized to act in his behalf. 

(j) "Final Preliminary Plans and Outline Specifications" shall mean the 
site plans, floor plans, elevations and sections, outline specifications, samples 
of materials, and models, submitted to the Authority, developed to show the 
detailed architectural character of the improvements to be erected on the 
property and their relationship to the approved Design Proposal, which Final 
Preliminary Plans and Outline Specifications were approved by the Authority 
on , and are on file at the office of the Authority, 



ARTICLE II 

TRANSFER OF THE PROPERTY AND PAYMENT THEREFOR 

Section 201: Covenant of Sale 

Subject to all the terms, covenants and conditions of this Agreement, the 
Authority agrees to sell and the Redeveloper agrees to purchase the Property, 

Section 202: Condition of Land to be Conveyed 

(a) The Authority agrees that, at the time of sale and conveyance and 
delivery of possession of the Property, it shall be free and clear of all 
buildings, structures and improvements except streets, sidewalks and walls 
and foundations below the surface, and all cellar holes and excavations shall be 
filled to the level of the surrounding ground in a good and workmanlike manner. 



and the finished surface shall be rough graded so as to conform approximately 
to the street elevations of the area as they now exist. 

All expenses (including current taxes, if any) relating to buildings or 
structures demolished or to be demolished shall be borne by and any income 
or salvage received from such buildings or structures shall belong to the 
Authority, 

(b) The Authority agrees that it shall, without expense to the Redeveloper 
or public assessment against the Property, provide or cause to be provided the 
street improveinents called for in the Plan, in such manner as to reasonably 
integrate the completion of such street improvements with the completion of 
improvements to be built on the Property by the Redeveloper and the public 
utility adjustments called for in the Plan in a timely manner so as not to 
impede the construction of the improvements on the Property, 

(c) The Redeveloper hereby waives any and all claims to awards of 
damages, if any, to compensate for the closing, laying out, or change of 
grade of any street within or fronting or abutting on the Property which 
pursuant to the Plan is to be closed, laid out, or changed in grade. 

Section 203: Deposit 



The Authority hereby acknowledges the receipt of 

Dollars ($ ) in cash, certified bank check drawn to the order of 

the Authority, savings bank books. Irrevocable Letter of Credit, or negotiable 
notes, properly endorsed and fully guaranteed as to principal by the United 
States of America, or by a State or political subdivision thereof, deposited by 
the Redeveloper with the Authority. The sum deposited, which shall be 
segregated from all other funds of the Authority, shall constitute a good faith 
deposit made by the Redeveloper for the performance of its obligation 
hereunder, and shall be disposed of in accordance with provisions hereinafter 
contained. Any interest earned on the deposit shall be the property of the 
Redeveloper and shall be paid by the Authority to the Redeveloper as and when 
received; provided, however, that nothing herein contained shall require the 
Authority to earn any interest on the deposit. 

Section 204: Purchase Price and Payment Thereof 



(a) The total purchase price for the Property shall be 

dollars per square foot subject to HHFA concurrence. Upon delivery of the 
deed to and possession of the Property to the Redeveloper, the Redeveloper 
shall pay to the Authority an amount equal to the number of square feet in the 
Property (exclusive of the area contained in the fee to the centerline of any 
abutting streets) multiplied by $ 

(b) The Payment shall be in cash or certified check drawn to the order 
of the Authority. 



Section 205: Time of Sale and Conveyance 

The sale and conveyance and delivery of possession of the Property and 

the purchase of the same by the Redeveloper, shall take place on 

19 at a closing to be held at the office of the Authority or such other place as 
the Authority may designate; provided, that the sale and conveyance and 
delivery of possession of the Property to the Redeveloper may take place at an 
earlier or later date upon written agreement of the parties hereto. 

Section 206: Title and Instrument of Conveyance 

The sale and conveyance shall be by quitclaim deed of good and 
marketable fee simple title free and clear of all liens and encumbrances but 
subject to and with the benefit of all conditions, covenants and restrictions set 
forth or referred to in this Agreement and the Plan or in either thereof, and 
subject to the following easements, restrictions, and encumbrances: 



Section 207: Federal Tax Stamps and Other Closing Costs 

The Redeveloper shall pay the costs of any Federal or State documentary 
tax stamps which may be required, and all recording fees, including the cost 
of recording this Agreement. 

Section 208: Adjustments 

With respect to any tax period during which the Authority and the 
Redeveloper both had title to and possession of the Property, taxes allocable 
to the Property for such period shall be prorated between the Authority and the 
Redeveloper in proportion to the respective periods of ownership of title and 
possession by (1) the Authority and its predecessors in title on the one hand, 
and (2) the Redeveloper on the other hand; provided , in no event shall the 
Redeveloper be liable for any taxes levied on any improvements located on the 
Property on any assessment date prior to the transfer to the Redeveloper of 
title to and possession of the Property. 

In the event the Property is exempt from taxation on the assessment date 
next preceding the transfer of title and possession by virtue of title being 
vested in the Authority or other tax exempt entity, the Redeveloper shall pay 
to the Authority, in lieu of a tax adjustment, a pro rata amount of the taxes 
which would have been payable to the City of Boston if the Property had not 
then been exempt from taxation, for that portion of the tax year during which 
the Redeveloper has title and possession, such amount to be paid by the 
Authority to the City upon receipt from the Redeveloper; provided , in no event 
shall the Redeveloper be liable for any taxes or payment in lieu of taxes for 
any improvements located on the Property on any assessment date prior to the 
transfer to the Redeveloper of title to and possession of the Property. 



Any payment owed by the Redeveloper under this Section shall be due and 
payable to the Authority at the time of closing set forth in Section 205 hereof. 

Section 209: Application of Redeveloper 's Deposit 

(a) Upon the sale and conveyance and delivery of possession of the 
Property as set forth in Section 205 hereof, the deposit made by the Redeveloper 
with the Authority in accordance with Section 203 hereof shall be returned to 
the Redeveloper; provided that the Redeveloper shall have first delivered to the 
Authority the contract and bond referred to in subsections (b) and (c) of 
Section 210 hereof, as well as certified copies of mortgage loan commitments 
adequate to finance construction of the improvements. 

Section 210: Conditions precedent to Conveyance 

The Authority shall not be obligated to make conveyance of the Property, 
unless and until the following events have all occurred: 

(a) Working drawings and specifications for the Property have been 
submitted by the Redeveloper and approved by the Authority as provided in 
Section 302 hereof; 

(b) The Redeveloper and a responsible contracting firm have entered 
into a contract, satisfactory in form to the Authority, for the construction of 
the improvements on the Property, and a copy of this contract has been 
deposited with the Authority, which firm shall not be changed without the 
prior written consent of the Authority. 

(c) The Redeveloper has furnished the Authority with a performance and 
payment surety bond satisfactory in form to the Authority with the construction 
contractor as principal and the Redeveloper, the holder of any mortgage 
referred to in Section 402 hereof, and the Authority as beneficiaries, as their 
respective interests may appear. The penal amount of this bond shall not be 
less than 10% of the amount of the aforesaid construction contract. 

(d) The Redeveloper has furnished evidence satisfactory to the Authority 
that the Redeveloper has the equity capital and commitments for mortgage 
financing adequate for the construction of the improvements in accordance with 
said approved working drawings and specifications and the construction contract. 

Section 211: Default by Authority 

In the event that the Authority shall be unable to give title or to make 
conveyance or to deliver possession of the Property as provided for herein, 
the Authority shall use reasonable efforts to remove any defect in title or to 
deliver possession as herein agreed, as the case may be, and the Authority 
shall give written notice thereof to the Redeveloper at or before the time for 
performance by the Authority hereunder, and thereupon the time for the 
performance by the Authority shall be extended for a period of ninety (90) 
days, or such longer period or periods as the Authority and the Redeveloper 
shall mutually agree; provided, however, that the Redeveloper shall have the 



election, either at the original or any extended time for performance, to 
accept such title as the Authority can deliver to the Property (if then cleared) 
and to pay therefor without deduction, in which case the Authority shall convey 
such title to the Redeveloper. In the event that at the expiration of the extended 
time the Authority shall be unable to give title or to make conveyance or to 
deliver possession as herein provided, then, (1) the deposit, together with any 
interest earned thereon (but only if the deposit has not been retained by the 
Authority pursuant to Sections 801 or 802 herein) shall be refunded: (2) all 
other obligations of the parties hereto shall cease; and (3) this Agreement shall 
be void and without recourse to the parties hereto. The acceptance of a deed by 
the Redeveloper shall be deemed a full performance and discharge of every 
agreement and obligation herein contained with respect to the Property except 
such as are, by the express terms hereof, to be performed after the delivery 
of the deed. 



ARTICLE III 

RESTRICTIONS AND CONTROLS UPON REDEVELOPMENT 

Section 301: Redevelopment Pursuant to Plan 

(a) The Redeveloper, for itself and its successors and 
assigns, covenants, promises and agrees: 

(1) to devote the Property to the uses specified in the Plan, and to 
comply with the requirements therein specified: not to use or 
devote the Property or any part thereof for any use other than the 
said permitted uses or contrary to any of the applicable 
limitations or requirements of the Plan. 

(2) to give preference in the leasing of space in the building(s) to be 
constructed on the Property to former commercial occupants of 

the Urban Renewal Area, to the maximum 

extent practicable. 

(3) not to discriminate upon the basis of race, creed, color or 
national origin in the sale, lease, or rental, or in the use or 
occupancy of the Property, or any improvements erected or to be 
erected thereon, or any part thereof. 

(b) The covenants in subsection (a) of this Section shall be covenants 
running with the land. 

(c) The covenants in subdivisions (1), and (2), and (3) of subsection (a) of 
this Section, and the covenants to the same effect which shall be contained in 
any instrument or instruments in accordance with the provisions of subsection 
(b) of this Section, and all rights and obligations under any of said covenants, 
shall terminate upon the expiration of the term of the Plan; and the covenant 

in subdivision (3) and the covenant to the same effect which shall be contained 
in any instrument or instruments in accordance with the provisions of 
subsection (b), and all rights and obligations under said covenant, shall 
terminate upon the expiration of one hundred (100) years from the date of the 



deed of the Property from the Authority to the Redeveloper. 
Section 302: Improvements and Submission of Plans 

(a) The Property shall be used for the construction of a 

building(s) to contain approximately square feet of 

gross floor area, to be built in accordance with the Design Proposal, the Final 
Preliminary Plans and Outline Specifications, and the applicable standards and 
controls of the Plan. 

Within months after execution of this Agreement, the Redeveloper 

shall submit to the Authority working drawings and specifications prepared by 
the Architect and in accordance with the previously approved final preliminary 
plans and outline specifications, the Plan and this Agreement. 

The Authority shall review the working drawings and specifications for 
conformity with the final preliminary plans and outline specifications, the 
Plan and this Agreement, and shall promptly notify the Redeveloper of its 
approval or disapproval in writing, setting forth in detail any grounds for 
disapproval. If no grounds of disapproval are delivered in writing to the 
Redeveloper within ten (10) days after the submission of the working drawings 
and specifications, or any resubmission thereof as hereinafter provided, such 
drawings and specifications shall be deemed approved. 

In the event of a disapproval, the Redeveloper shall, within ten (10) 
days after the date the Redeveloper receives the written not ice of such 
disapproval, resubmit the working drawings and specifications altered to 
meet the grounds of disapproval. The resubmission shall be subject to the 
review and approval of the Authority in accordance with the procedure he 
hereinabove provided for an original submission, until working drawings and 
specifications shall be approved by the Authority; provided, however, that the 
Redeveloper shall submit working drawings and specifications which meet 
the requirements of this subsection and the approval of the Authority within 

months after approval of the final preliminary plans and outline 

specifications. 

As promptly as possible after the working drawings and specifications 
are approved or deemed approved by the Authority and in any event no later 
than 20 days prior to the date set forth in Section 205 hereof, the Redeveloper 
shall submit to the Authority for review and approval by the Authority evidence 
satisfactory to the Authority that the Redeveloper has the equity capital and 
commitments for mortgage financing necessary for the construction of the 
improvements in accordance with said approved drawings and specifications. 

(b) The Redeveloper shall not apply for a building permit for the 
construction of the improvements to be erected on the Property without the 
prior certification of the Authority that the improvements to be constructed or 
completed are in accordance with the working drawings and specifications 
approved by the Authority in accordance with the provisions of this Agreement. 
No improvements shall be constructed which are not shown on the approved 
working drawings, nor shall any work be done on the construction of the 
improvements if such work deviates from the approved working drawings and 



specifications in any of the following respects: 

(1) if the external appearance of the building (including roof and penthouse) is 
affected in any way; (2) if there are significant changes in materials or design 
of the interiors; (3) if there are any changes in materials, design, dimensions, 
or color in the public lobbies, entrances, arcades or open spaces; except and 
only to the extent that modifications thereof have been requested by the 
Redeveloper in writing and have been approved in writing by the Authority. In 
the event that Redeveloper shall fail to comply with the foregoing requirements, 
the Authority may, within a reasonable time after discovery thereof by the 
Authority, direct in writing that the Redeveloper so modify or reconstruct such 
portion or portions of the improvements erected or being erected on the 
Property as so deviate from the approved working drawings and specifications 
or any approved modifications thereof, as to bring thena into conformance 
therewith. The Redeveloper shall promptly comply with such a directive, and 
shall not proceed further with construction of such portion of the improvements 
as are the subject of such a directive until such directive is complied with. Any 
delays in completion of the improvements resulting from such modification or 
reconstruction shall not be a ground for the extension of the time limits of 
construction on the Property as provided for in Section 303 of this Agreement. 

(c) In submitting plans and specifications to the Authority for its 
approval, the Redeveloper shall consider and take into account the planning 
and design objectives set forth in the Plan, and the Authority shall pursue such 
objectives in its review of and action upon the plans and specifications so 
submitted. 

(d) Construction of the improvements hereunder shall be in conformity 
with all applicable State and local laws and regulations. 

(e) The Redeveloper agrees to provide as part of the construction of 
improvements required pursuant to this Agreement, works of art satisfactory 
to the Authority, and agrees to expend for such works a sum not less than 1% 
of the total amount to be expended by the Redeveloper for such construction of 
improvements. The arts as used herein shall be deemed to include ornaments, 
arrangements, or effects created through the use of sculpture, bas-reliefs, 
mosaics, frescos, murals, prints, tapestries, paintings, and fountains which 
are sculptural in themselves or designed to enhance the setting of sculpture. 
The Redeveloper agrees to include in the final plans and specifications submitted 
to the Authority a general program for employment of art in the development to 
support and enhance the architectural and site design proposals. 

Section 303: Time for Commencement and Completion of Construction 

(a) The Redeveloper shall begin the construction of the improvements in 
accordance with the approved working drawings and specifications within 
fifteen (15) days after delivery of the deed to and possession of the Property. 

(b) The Redeveloper shall diligently prosecute to completion the 
construction of the improvements and shall complete such construction not 
later than ( ) months after the commencement thereof. 



(c) Until the construction of the improvements has been completed, the 
Redeveloper shall make, in such detail as may reasonably be required by the 
Authority, a report in writing to the Authority every month as to the actual 
progress of the Redeveloper with respect to such construction. After the sale 
and conveyance and delivery of possession of the Property to the Redeveloper 
and during the period of the Plan, such work of the Redeveloper shall be 
subject to inspection by representatives of the Authority, of the City and of the 
United States of America, and the Authority shall notify the Redeveloper 
promptly of any defects observed by it. 

(d) Prior to the sale and conveyance and delivery of possession of the 
Property, the Authority shall permit the Redeveloper access thereto, whenever 
and to the extent necessary to carry out the purposes of this Agreement. 

(e) It is intended and agreed that the agreements and covenants contained 
in this Section 303 with respect to the beginning and completion of the 
improvements on the Property shall be covenants running with the land. This 
subsection shall not, however, apply against a mortgagee permitted by this 
Agreement unless the mortgagee shall elect to complete as permitted in 
Section 403, in which casfe the extension provisions of that Section shall apply. 

(f) It is the general policy of the Authority that all new buildings 
constructed in Urban Renewal Project Areas shall be so designed as to 
accommodate the physically handicapped. In furtherance of thispolicy, plans 
and specifications shall include provisions conforming insofar as possible with 
the American Standard Specifications for Making Buildings and Facilities 
Accessible to and Usable by the Physically Handicapped, attached hereto and 
made a part hereof as Exhibit E. The Authority shall take into consideration 
the provisions and objectives of said Exhibit E in its review of and action upon 
plans and specifications submitted to it pursuant to this Agreement. 

Section 304: When Improvements Completed 

When the improvements required of the Redeveloper by the provisions of 
this Agreement have been built and are substantially ready for occupancy, the 
Authority shall issue to the Redeveloper a Certificate of Completion which shall 
be in recordable form and shall be conclusive evidence of the fact that the 
improvements have been completed. 

If the Authority shall refuse or fail to issue such a Certificate in 
accordance with the provisions of this Section, the Authority shall within 
thirty (30) days after written request by the Redeveloper, provide the 
Redeveloper with a written statement, indicating in adequate detail in what 
respect the Redeveloper has failed to complete the improvements in accordance 
with the provisions of this Section, or is otherwise in default, and what 
measures or actions will be necessary, in the opinion of the Authority, for the 
Redeveloper to take or perform in order to obtain such a Certificate. 

When the Property has been, with the approval of the Authority, divided 
into 2 or more separate parcels for the purpose of constructing thereon 
separate improvements, the Authority may, upon completion of the 
improvements relating to any such parcel, issue a Certificate of completion 



10 

with respect to such separate parcels. 

Section 305: Prompt Payment of Obligations 

The Redeveloper shall make, or cause to be made, prompt payment of all 
monies due and legally owing to all persons, firms and corporations doing any 
work, furnishing any materials or supplies or renting any equipment to the 
Redeveloper or any of its contractors or subcontractors in connection with the 
development, construction, furnishing, repair or reconstruction of any of the 
improvements required by this Agreement to be constructed upon the Property. 

Section 306: Non-Discrimination in Employment 

The Redeveloper, for itself, and its successors and assigns, agrees that 
in the construction of the improvements in accordance with the provisions of 
this Agreement: 

(a) The Redeveloper will not discriminate against any employee or 
applicant for employment because of race, creed, color, or national origin. 
The Redeveloper will take affirmative action to ensure that applicants are 
employed, and that employees are treated during employment, without regard 
to their race, creed, color, or national origin. Such action shall include, but 
not be limited to, the following: employment, upgrading, demotion or transfer; 
recruitment or recruitment advertising; layoff or termination; rates of pay or 
other forms of compensation; and selection for training, including 
apprenticeship. The Redeveloper agrees to post in conspicuous places, 
available to employees and applicants for employment, notices to be provided 
by the Authority setting forth the provisions of this nondiscrimination clause, 

(b) The Redeveloper will, in all solicitations or advertisements for 
employees placed by or on behalf of the Redeveloper, state that all qualified 
applicants will receive consideration for employment without regard to race, 
creed, color, or national origin. 

(c) The Redeveloper will send to each labor union or representative of 
workers with which the Redeveloper has a collective bargaining agreement or 
other contract or understanding, a notice, to be provided by the Authority, 
advising the said labor union or workers' representative of the Redeveloper 's 
commitnaents under this Section, and shall post copies of the notice in 
conspicuous places available to employees and applicants for employment. 

(d) The Redeveloper will comply with all provisions of Executive Order 
No, 10925 of March 6, 1961, as amended, and of the rules, regulations, and 
relevant orders of the President's Committee on Equal Employment 
Opportunity created thereby. 

(e) The Redeveloper will furnish all information and reports required by 
Executive Order No. 10925 of March 6, 1961, as amended, and by the rules, 
regulations, and orders of the said Committee, or pursuant thereto, and will 
permit access to the Redeveloper 's books, records, and accounts by the 
Authority and the Committee for purposes of investigation to ascertain 
compliance with such rules, regulations, and orders. 



11 



(f) In the event of the Redeveloper 's noncompliance with the non- 
discrimination clauses of this Section, or with any of the said rules, 
regulations, or orders, this contract may be cancelled, terminated, or 
suspended in whole or in part and the Redeveloper may be declared ineligible 
for further contracts in accordance with procedures authorized in Executive 
Order No. 10925 of March 6, 1961, as amended, and such other sanctions may 
be imposed and remedies invoked as provided in the said Executive Order or by 
rule, regulation, or order of the President's Committee on Equal Employment 
Opportunity, or as otherwise provided by law. 

(g) The Redeveloper will include the provisions of Paragraphs (a) through 
(g) of this Section in every contract or purchase order, and will require the 
inclusion of these provisions in every subcontract entered into by any of its 
contractors, unless exempted by rules, regulations, or orders of the 
President's Committee on Equal Employment Opportunity issued pursuant to 
Section 303 of Executive Order No. 10925 of March 6, 1961, as amended, so 
that such provisions will be binding upon each such contractor, subcontractor, 
or vendor as the case may be. The Redeveloper will take such action with 
respect to any construction contract, subcontract, or purchase order as the 
Authority may direct as a means of enforcing such provisions, including 
sanctions for noncompliance: Provided, however, that in the event the 
Redeveloper becomes involved in, or is threatened with, litigation with a 
subcontractor or vendor as a result of such direction by the Authority, the 
Redeveloper may request the United States to enter into such litigation to 
protect the interests of the United States. For the purpose of including such 
provisions in any construction contract, subcontract, or purchase order, as 
required hereby, the term "Redeveloper" and the term "Authority" may be 
changed to reflect appropriately the name or designation of the parties to such 
contract, subcontract, or purchase order. 



ARTICLE IV 

TRANSFER AND MORTGAGE OF REDEVELOPER'S INTEREST 

Section 401: General Terms Relating to Transfer of Interest in Property by 
Redeveloper 

(a) Prior to the completion of the construction of the improvements on the 
Property in accordance with Section 304 of this Agreement, no party owning ten 
(10%) per cent or more of the stock of the Redeveloper (which term shall be 
deemed to include successors in interest of such stock) shall make any transfer, 
or cause or suffer any transfer (except an involuntary transfer caused by the 
death or incapacity of any such party) to be made of any such stock or any 
interest therein without the written approval of the Authority; nor without such 
approval, shall there be any other similarly significant change in the ownership 
of such stock or in the relative distribution thereof or in the control of the 
Redeveloper or degree thereof, by any other methods or means such as 
increased capitalization, merger, corporate or other amendments, the 



12 



issuance of additional or new stock or otherwise, whether done by the 
Redeveloper or any owner of stock. The Redeveloper and its authorized 
representatives represent that they have the authority of all of its existing 
stockholders to agree to this provision in their behalf. Until completion of the 
improvements the Redeveloper shall advise the Authority of any changes in 
stock ownership, and shall annually furnish the Authority with an up-to-date 
list of stockholders setting forth the amounts of stock owned by each 
stockholder. 

(b) The Redeveloper agrees that it will not, prior to the completion of 
the construction of the improvements on the Property, make, or suffer to be 
made, any assignment or any manner of transfer of its interest in the Property 
or portion thereof or in this Agreement, other than a contract or agreement to 
be performed subsequent to such completion, except as provided in subsection 
(c) of this Section 401 and Section 402. 

(c) Notwithstanding the provisions of subsection (b) of this Section 401, 
an assignment or transfer of the Redeveloper 's interest in the Property or any 
portion thereof or in this Agreement may be made prior to the completion of 
the construction of the improvements, upon compliance with the following: 

(1) The transferee or transferees shall have been approved as such in 
writing by the Authority, 

(2) The transferee or transferees, by valid instrument in writing, 
satisfactory to the Authority, shall have expressly assumed, for themselves and 
their successors and assigns and directly to and for the benefit of the Authority, 
all obligations of the Redeveloper to begin and complete the building of the 
improvements and all obligations of the Redeveloper provided for in this 
Agreement including the obligations of performance in accordance with the Plan, 
provided, that the fact that any transferee of, or any other successor in 
interest whatsoever to, the Property or any part thereof, shall, whatever the 
reason, not have assumed such obligations or so agreed, shall not (unless and 
only to the extent otherwise specifically provided in this Agreement or agreed 

to in writing by the Authority) relieve or except such transferee or successor of 
or from such obligations, conditions, or restrictions, or deprive or limit the 
Authority of or with respect to any rights or limitations or controls with respect 
to the Property or the construction of the improvements; it being the intent of 
this, together with other provisions of this Agreement, that (to the fullest extent 
permitted by law and equity and excepting only in the manner and to the extent 
specifically provided otherwise in this Agreement) no transfer of, or change 
with respect to, ownership shall operate, legally or practically, to deprive or 
limit the Authority of or with respect to any rights or remedies or controls 
provided in or resulting from this Agreement with respect to the Property and 
the construction of the improvements that the Authority would have, had there 
been no such transfer or change. Therefore, in the absence of a specific 
written agreement by the Authority to the contrary, no such transfer or approval 
thereof by the Authority shall be deemed to relieve the Redeveloper or any other 
party bound in any way by this Agreement or otherwise with respect to the 
construction of the improvements, from any of its obligations with respect 
thereto. 



13 



(3) Any consideration obtained by the Redeveloper from the transferee or 
transferees in excess of an amount representing the cost to the Redeveloper of 
the interest transferred, including the cost of any improvements made thereon 
and carrying charges, shall be paid over to the Authority. 

(4) There has been submitted to the Authority for review, and the 
Authority has approved, all instruments and other legal documents involved in 
effecting transfer. 

(5) The Redeveloper and its transferee or transferees shall comply with 
such other conditions as the Authority may find desirable in order to achieve 
and safeguard the purposes of the Massachusetts Housing Authority Law and 
the Plan. 

Section 402: Mortgage of Property by the Redeveloper 

Notwithstanding any other provisions of this Agreement, the Redeveloper 
shall at all times have the right to encumber, pledge, or convey its rights, 
title and interest in and to the Property, or any portion or portions thereof, 
and stockholders of the Redeveloper shall have at all times the right to 
encumber their stock, by way of bona fide mortgage to secure the paynnent of 
any loan or loans obtained by the Redeveloper to finance the development, 
construction, furnishing, repair or reconstruction of any of the improvements 
required to be constructed by the Redeveloper on the Property by the Plan and 
this Agreement, or to refinance any outstanding loan or loans therefor obtained 
by the Redeveloper for any such purpose; provided, however, that the 
Redeveloper or its stockholders, as the case may be, shall give prior 
written notice to the Authority of its or their intent to exercise such rights 
hereunder. 

The holder of any such mortgage (including a holder who obtains title to 
the Property or portion thereof by foreclosure or action in lieu thereof, but 
not including a party who obtains title through such holder, or any purchaser 
at a foreclosure sale other than the holder) shall not be obligated by this 
agreement to construct or complete the improvements or to guarantee such 
construction or completion, but shall have the options described in Section 403. 

Section 403: Rights and Duties of Mortgagee upon Acquisition Prior to 
C ompletion 

(a) If a mortgagee, through the operation of its contract to finance the 
improvements required by this Agreement to be constructed by the Redeveloper 
on the Property, or by foreclosure, acquires fee simple title to the Property or 
any Parcel thereof prior to the completion of such improvements, the 
mortgagee shall, at its option: 

(1) complete construction of such improvements in accordance with the 
approved working drawings and specifications, the Plan and this 
Agreement and in all respects comply with the provisions of this 
Agreement; or 

(2) sell, assign or transfer, with the prior written consent of the 
Authority, fee simple title to the Property or Parcel to a purchaser, 



14 



assignee or transferee who shall expressly assume all of the 
covenants, agreements and obligations of the Redeveloper under 
this Agreement in respect to the Property or Parcel, by written 
instrument satisfactory to the Authority and recorded forthwith in 
the Suffolk County Registry of Deeds; or 
(3) reconvey fee sinaple title to the Property to the Authority, in which 

event the provisions of Section 802 relative to resale shall apply, 
(b) In the event that a mortgagee elects to complete construction 
pursuant to (a) (1) above, or sells, assigns or transfers pursuant to (a)(2) 
above, the Authority shall extend the time limits set forth in Section 303 
herein as shall be reasonably necessary to complete construction of the 
improvements, and upon such connpletion, the mortgagee or purchaser, as the 
case may be, shall be entitled to the Certificate of Completion pursuant to 
Section 304 hereof. 



ARTICLE V 

PROVISIONS RELAT ING TO OPERATION AND MAINTENA3SFCE 

Section 501: Maintenance and Operation of Improvements 

The Redeveloper shall, at all times until the expiration of the term of 
the Plan, keep the improvements constructed on the Property in good and safe 
condition and repair unless such improvements shall have become uninsurable, 
and, in the occupancy, maintenance and operation of such improvements and 
the Property, comply with all laws, ordinances, codes and regulations 
applicable thereto. 

Section 502: Additions or Subtractions to Completed Improvements 

After the improvements required by the Plan and this Agreement to be 
constructed by the Redeveloper on the Property, or any portion thereof, have 
been completed, the Redeveloper shall not, until the expiration of the term of 
the Plan, reconstruct, demolish or subtract therefrom or make any additions 
thereto or extensions thereof, without the prior written approval of the 
Authority, if: (a) the external appearance of the building (including roof and 
penthouse) or Property is affected in any way; or (b) there are any 
changes in materials, design, dimensions or color in the public lobbies, 
entrances, arcades or open spaces. In the event the Redeveloper shall fail to 
comply with the foregoing requirement, the Authority may within a reasonable 
time after its discovery thereof direct in writing that the Redeveloper so 
modify, reconstruct or remove such portion or portions of the improvements as 
were reconstructed, demolished or subtracted from or added to or extended 
without the prior written approval of the Authority. The Redeveloper shall 
promptly comply with such a directive, and shall not proceed further with such 

reconstruction, demolition, subtraction, addition or extension until such 
directive is complied with. 



15 



ARTICLE VI 
INDEMNIFICATION 



Section 601: Reimbursement of Authority in Respect of Certain Litigation 

To the extent the Authority prevails in any proceedings brought by it to 
enforce compliance with the provisions of this Agreement, the Redeveloper 
shall pay all reasonable costs and expenses which may be incurred by the 
Authority, and the amounts of all judgments and decrees. However, the holder 
of any mortgage permitted hereunder shall not be liable to the Authority for any 
costs, expenses, judgments, decrees or damages which shall have accrued 
against the Redeveloper, whether or not such holder shall subsequently acquire 
title to the Property. 



ARTICLE VII 

INSURANCE 

Section 701: Insurance Coverage 

(a) The Redeveloper shall, until the expiration of the term of the Plan, 
keep all of the insurable property and equipment in respect of the Property 
insured by fire and extended coverage insurance and additional risk insurance 
to the same extent and amount which is normally required by institutional 
raortgagees in the use of similar property and equipment in the City. Such 
insurance shall be in amounts sufficient to comply with the co-insurance clause 
applicable to the location and character of the property or equipment, and, in 
any event, in amounts not less than eighty per centum (or eighty per centum in 
the case of extended coverage insurance ) of the current cash value of such 
property or equipment. All such insurance shall be by standard policies, 
obtained from financially sound and responsible insurance companies authorized 
to do business in Massachusetts, and shall have attached thereto a clause making 
the loss payable to the Redeveloper, the mortgagee, and, subject to the rights of 
the mortgagee, the Authority, as their respective interests may appear. 

(b) Each insurance policy shall be written to become effective at the time 
the Redeveloper becomes subject to the risk or hazard covered thereby, and 
shall be continued in full force and effect for such period as the Redeveloper is 
subject to such risk or hazard. 

(c) Certificates of such policies and renewals shall be filed with the 
Authority. 

Section 702: Non-Cancellation Clause 

All insurance policies shall provide that any cancellation, change or 
termination thereof shall not be effective with respect to the Authority until 



16 



after at least ten (10) days' prior notice has been given to the Authority to the 
effect that such insurance policies are to be cancelled, changed, or terminated 
at a particular time. 

Section 703: Authority May Procure Insurance if Redeveloper Fails to Do So 

In the event the Redeveloper at any time refuses, neglects or fails to 
secure and maintain in full force and effect any or all of the insurance required 
pursuant to this Agreement, the Authority, at its option, may procure or renew 
such insurance, and all amounts of money paid therefor by the Authority shall 
be payable by the Redeveloper to the Authority; with interest thereon at the rate 
of six per centum (6%) per annum from the date the same were paid by the 
Authority to the date of payment thereof by the Redeveloper. The Authority 
shall notify the Redeveloper in writing of the date, purposes, and amounts of 
any such payments made by it. 

Section 704: Redeveloper 's Obligations With Respect to Restoration and 
Reconstruction 

(a) Whenever any improvement, or any part thereof, constructed on the 
Property shall have been damaged or destroyed prior to the expiration of the 
term of the Plan, the Redeveloper shall proceed promptly to establish and 
collect all valid claims which may have arisen against insurers or others 
based upon any such damage or destruction. All proceeds of any such claim 
and any other monies provided for the reconstruction, restoration or repair of 
any such improvement, shall be deposited in a separate account of the 
Redeveloper or of any mortgagee. 

(b) The insurance money and any other proceeds so collected shall be 
used and expended for the purpose of fully repairing or reconstructing the 
improvements which have been destroyed or damaged to a condition at least 
comparable to that existing at the time of such damage or destruction to the 
extent that such insurance money and other proceeds may permit. Any 
excess proceeds after such repair or reconstruction has been fully completed 
shall be retained by the Redeveloper, subject to the rights of any mortgagee of 
record permitted hereunder. 

(c) The Redeveloper, with the written approval of the Authority and any 
mortgagee of record permitted hereunder, may determine that all or any part 
of any such damage to or destruction of such improvements shall not be 
reconstructed, restored, or repaired, and in such event, the proceeds of any 
claimis against insurers or others arising out of such damage or destruction, to 
the extent not used for such reconstruction, restoration, or repair shall be 
retained by the Redeveloper. 

Section 705: Commencement and Completion of Reconstruction 

The Redeveloper shall commence to reconstruct or repair any 
improvements and equipment on the Property, or any portion thereof, which 
have been destroyed or damaged prior to the expiration of the term of the Plan, 



17 



within a period not to exceed six (6) months after the insurance or other proceeds 
with respect to such destroyed or damaged property have been received by the 
Redeveloper or any Mortgagee (or, if the conditions then prevailing require a 
longer period, such longer period as the Authority may specify in writing), and 
shall well and diligently and with dispatch prosecute such reconstruction or 
repair to completion, such reconstruction or repair in any event to be completed 
within twenty-four (24) months after the start thereof. 



ARTICLE VIII 

RIGHTS, REMEDIES AND PROCEDURES IN THE EVENT OF A BREACH BY 
REDEVELOPER ^___ 

Section 801: Failure or Refusal by Redeveloper to Purchase Fee Simple 
Title and Possession 

(a) In the event that the Redeveloper shall fail or refuse to submit 
working drawings and specifications satisfactory to the Authority as provided in 
Section 302 of this Agreement, or shall fail or refuse to submit evidence 
satisfactory to the Authority that it has the necessary equity capital and 
commitments for m.ortgage financing as provided in Section 302, or shall 
(other than as provided in Section 2 1 1 of this Agreement) fail or refuse to 
complete the purchase and accept possession of the Property upon proper tender 
of conveyance by the Authority pursuant to this Agreement, the Authority shall 
have the right to retain the deposit held by it pursuant to Section 203 as full 
liquidated damages, but not as a penalty, without any deduction or offset 
whatever and without further liability to the Authority on the part of the 
Redeveloper; and the Authority may, upon such failure or refusal, in its sole 
discretion terminate, by written notice to the Redeveloper, all of its 
obligations to the Redeveloper hereunder, in addition to retaining such deposit. 

Section 802: Consequences of Breach by Redeveloper with Respect to 

Commencement and Completion of Construction, Failure to 
Pay Taxes or Discharge Encumbrances, or Unauthorized 
Transfers of Interest. 

In the event that, prior to completion of the improvements: 

(1) The Redeveloper shall fail to perform its obligations under this 
Agreement with respect to commencement, diligent prosecution, or 
completion of construction of improvements; 

(2) The Redeveloper shall fail to pay any real estate taxes or assessments 
on the Property or any part thereof when due, or shall place or suffer 
to be placed thereon any encumbrances or liens other than the 
mortgage lien authorized by this Agreement; or 

(3) There is in violation of this Agreement any transfer of the Property 
or any part thereof, or any change in the ownership or distribution 



18 



of the stock in the Redeveloper or with respect to the identity of the 
parties in control of the Redeveloper or degree thereof; 
the Authority shall in writing notify the Redeveloper of such failure or violation. 
The Redeveloper shall thereupon have ninety (90) days from the receipt by it of 
such written notice to cure such failure or violation. If the Redeveloper does 
not cure such failure or violation within the 90-day period (or within such 
extended period of time as may be established by the Authority acting solely in 
its discretion) and if the holders of record of building loan agreements and/or 
first mortgages in replacement thereof do not exercise their rights to cure 
such violation or failure (as provided in Section 804 hereof), or if this contract 
is cancelled, terminated or suspended pursuant to Section 307 hereof the 
Redeveloper shall promptly transfer possession of, and reconvey, the 
Property together with all of the improvements thereon, to the Authority 
without cost to the Authority, by quitclaim deed, provided that such 
reconveyance (1) shall be subject to any existing building loan agreements and 
mortgages thereon permitted under this Agreement, and (2) shall not include 
any parcels with respect to which a Certificate of Completion has been issued 
pursuant to Section 304. In the event of such failure to cure, the Authority 
shall also have the right to retain as its own the deposit then held by it without 
any deduction offset- or recoupment whatsoever, and the Authority may also 
enforce its rights under the surety bond referred to in Section 210. In the 
event that the Redeveloper shall fail so to reconvey, the Authority may 
institute such actions or proceedings as it may deem advisable as well as 
proceedings to compel specific performance and the payment of all damages, 
expenses and costs. 

In the event of a failure to cure under this Section, or if the contract is 
cancelled, terminated or suspended pursuant to Section 307, the Authority 
shall have the right to re-enter and take possession of the Property and to 
terminate (and revest in the Authority) the estate conveyed by the Deed to the 
Redeveloper, it being the intent of this, together with other provisions of 
this Agreement, that the conveyance of the Property to the Redeveloper 
shall be made upon, and that the Deed shall contain, a condition subsequent 
to the effect that in the event of such failure to cure, the Authority at its 
option may declare a termination in favor of the Authority of the title, and 
of all the rights and interest, in the Property and that such title, and all 
rights and interest of the Redeveloper, and any assigns or successors in 
interest, in the Property, shall revert to the Authority; provided, that such 
condition subsequent and any revesting of title as a result thereof in the 
Authority: (1) shall always be subject to and limited by and shall not defeat, 
render invalid, or limit in any way the lien of any mortgage authorized by 
this Agreement, or any rights or interests provided herein for the protection of 
the holders of such mortgages, and (2) shall not apply to Parcels of the 
Property with respect to which a Certificate of Completion has been issued 
pursuant to Section 304. 

In the event that the Redeveloper or a mortgagee reconveys to the 
Authority, pursuant to this Section 802 or Section 403, or in the event the 
Authority shall re-enter pursuant to this Section 802, the Authority shall 
undertake with due diligence to resell the Property so reconveyed or which it 
has so re-entered, and the improvements thereon, subject to all of the 



19 



provisions of the Plan; and the proceeds of such resale, together with the net 
income, if any, derived by the Authority from its operation and management of 
the Property subsequent to such reconveyance shall be used: 
First: to reimburse the Authority for all costs and expenses reasonably and 
proximately incurred by the Authority, including the salaries of Authority 
personnel, in connection with the recapture, management and resale of the 
Property and all administrative and overhead costs in connection therewith; 
Next: to reimburse the Authority for expenditures made or obligations incurred 
with respect to the making or completion of improvements on the Property for 
which it has not otherwise been reimbursed; 

Next: to pay all taxes, payments in lieu of taxes, public charges and other sums 
owing to the City with respect to the Property up to the time of such resale (or 
in the event the Property is exempt from taxation during the period of ownership 
thereof by the Authority, an amount equal to such taxes as would have been 
payable if the Property were not so exempt); 

Finally: in the event that the Redeveloper reconveys or the Authority re-enters 
pursuant to this Section 80Z: 

(a) In their respective order of priority to pay any and all mortgage 
indebtedness and to make all eund whatever payments may be 
necessary to discharge any other encumbrances or liens existing or 
threatened on the Property. 

(b) To pay or reimburse the Authority for any amounts otherwise owing 
to the Authority from the Redeveloper; and 

(c) If there is any balance of proceeds remaining, to use the balance of 
the proceeds to reimburse the Redeveloper for and up to the amount 
expended by it in the purchase and improvement of the Property (but 
not including the deposit referred to in Section 203 hereof), less any 
profit theretofore realized by the Redeveloper from the disposition of 
any interest in the Property, and any income realized by the 
Redeveloper from its use of the Property. 

Any balance remaining shall remain the property of the Authority. 

or 
Finally: in the event that a mortgagee reconveys to the Authority pursuant to 
Section 403: 

(a) To make all and whatever payments may be necessary to discharge 
any other encumbrances or liens existing or threatened on the 
Property, and 

(b) to pay to the mortgagee the full amount (to the extent the balance of 
proceeds permits) of the mortgage indebtedness which would then have 
been due and owing if the mortgage (and the indebtedness secured 
thereby) had continued in full force and effect, together with all and 
whatever costs and expenses previously incurred by the mortgagee 
for which, under accepted principles of law and under the terms of 
the mortgage and the mortgage note, the mortgagee would be properly 
entitled to be reimbursed out of the proceeds of a foreclosure sale if 

a third person had been the purchaser thereat, less any income 
realized by the mortgagee from its use of the Property. 
Any balance remaining shall remain the property of the Authority. 



20 



Section 803: Notice of Breaches to Mortgagees 

In the event that the Authority, pursuant to Section 802 of this Agreement 
gives written notice to the Redeveloper of a failure to commence or complete 
construction, the Authority shall forthwith furnish a copy of the notice to each 
of the mortgagees of record of the Property permitted under this Agreement. 
To facilitate the operation of this Section, the Redeveloper shall at all times 
keep the Authority provided with an up-to-date list of names and addresses of 
mortgagees and holders of building loan agreements from whom the Redeveloper 
has obtained loans for redevelopment operations. Any such mortgagee or 
holder may notify the Authority of its address and request that the provisions 
of Section 910 as they relate to notices apply to it. The Authority agrees to 
comply with any such request. 

Section 804: Mortgagee May Cure Breach of Redeveloper 

In the event that the Redeveloper received notice from the Authority of a 
failure to commence or complete construction, pursuant to Section 802 of this 
Agreement and such, breach is not cured by the Redeveloper before the expiration 
of the ninety (90) day period provided for in Section 802, the holders of record of 
construction loan agreements and/or mortgages in replacement thereof may cure 
any such failure and complete the construction then in progress in accordance 
with the working drawings and specifications, the Plan and this Agreement upon 
giving written notice of their intention to do so to the Authority within fifteen (15) 
days after the expiration of the ninety (90) day period, or within sixty (60) days 
after such holder receives such notice of failure, whichever period is longer. 

Section 805: Remedies for Other Breaches 

It is understood by the parties hereto that in the event any party shall fail 
to comply with or violate any of the provisions of this Agreement, then the other 
party hereto may institute such actions and proceedings as may be appropriate, 
including actions and proceedings to compel specific performance and payment of 
all damages, expenses, and costs. Neither these remedies nor that class of 
remedies more particularly described in this Agreement shall be exclusive 
unless specifically so described, provided however that the remedies prescribed 
in Sections 801 or 802 for the defaults therein described shall be exclusive. 



ARTICLE IX 

MISCELLANEOUS PR OVISIONS 

Section 901: Obligations and Rights and Remedies Cumulative and Separable 

The respective rights and remedies of the Authority and Redeveloper, 
whether provided by this Agreement or by law, shall be cumulative, and the 
exercise of any one or more of such rights or remedies shall not preclude the 



21 



exercise, at the same or different times of any other such rights or remedies, 
provided however that the remedies prescribed in Sections 801 and 802 for the 
defaults therein described shall be exclusive. 

Section 902: Finality of Approvals 

Where, pursuant to this Agreement, any document or proposed action by 
the Redeveloper is submitted by it to the Authority, and the Redeveloper has been 
notified in writing by the Authority that the same is approved or is satisfactory, 
such determination shall be conclusively deemed to be a final determination by 
the Authority with respect to such particular document or proposed action for 
which such approval or notice of satisfaction was given. 

Where the consent or approval of the Authority is required hereunder, such 
consent or approval shall not be unreasonably withheld. 

Section 903: How Agreement Affected by Provisions Being Held Invalid 

If any provision of this Agreement is held invalid, the remainder of this 
Agreement shall not be affected thereby if such remainder would then continue 
to conform to the requirements of applicable laws and of the Plan. 

Section 904: Covenants to be Enforceable by Authority and United States 

Any covenant herein contained which is expressed to be a covenant running 
with the land shall be contained in any instrument of conveyance relating to the 
Property and shall, in any event and without regard to technical classification or 
designation, legal or otherwise, and except only as otherwise specifically 
provided in this Agreement be, to the fullest extent permitted by law and equity, 
binding for the benefit and in favor of, and enforceable by, the Authority (and the 
United States in the case of the covenant provided in Section 301 (a) (4) hereof) 
against the Redeveloper (including its successors and assigns to or of the 
Property or any part thereof or any interest therein). In amplification, and not 
in restriction of the provisions hereof, it is intended and agreed that the 
Authority shall be deemed a beneficiary of such covenants and the United States 
shall be deemed a beneficiary of the covenant provided in Section 301 (a) (4) 
hereof, both for and in its own right and also for the purposes of protecting the 
interests of the community and the other parties, public or private, in whose 
favor or for whose benefit such covenants have been provided, and such 
covenants shall be in force and effect, without regard to whether the Authority or 
the United States has at any time been, remains or is an owner of or in possession 
of any land to, or in favor of, which the covenants relate. 

It is the intention of the Authority that the covenants running with the land 
which are contained in any instrument of conveyance relating to the Property 
shall be enforceable only by the Authority (and the United States in the case of 
the covenant provided in Section 301 (a) (4) hereof)and those holding title to an 
interest in the Property and that such covenants shall not be enforceable by 
transferees of other land owned by the Authority in the area covered by the Plan. 



22 



Section 905: Parties Barred From Interest in Project 

No member of the Congress of the United States of America shall be 
admitted to any share or part hereof, or to any benefit to arise therefrom. 

Section 906: Authority's Members and Officers Barred From Interest 

(a) No member, official or employee of the Authority shall have any 
personal interest, direct or indirect, in this Agreement or the Redeveloper, 
nor shall any such member, official or employee participate in any decision 
relating to this Agreement which affects his personal interest or the interests 
of any corporation, partnership, or association in which he is, directly or 
indirectly, interested. No member, official or employee of the Authority 
shall be personally liable to the Redeveloper or any successor in interest in 
the event of any default or breach by the Authority or for any amount which may 
become due to the Redeveloper or to its successor or on any obligations under 
the terms of this Agreement. 

(b) After the date hereinabove first written, the Redeveloper will not, 
without a prior finding by the Authority that such action is consistent with the 
public interest, employ in connection with its obligations under this Agreement, 
any person who has participated in the planning or execution of the Plan or 
related Project and who is named on any list which may be furnished by the 
Authority to the Redeveloper as having so participated, or permit any such 
person to directly or indirectly acquire an interest (except an interest based 
upon the ownership of its capital stock if such stock is publicly held or offered) 
in the Redeveloper or in the Property prior to the completion of the 
improvements thereon in accordance with this Agreement and the Plan. 

(c) The Redeveloper covenants that he has not employed or retained any 
company or person (other than a full-time bona fide employee working for the 
Redeveloper) to solicit or secure this Agreement, and that he has not paid or 
agreed to pay any company or person (other than such an employee) any gift, 
contribution, fee, commission, percentage, or brokerage fee, contingent 
upon or resulting from the execution of this Agreement. 

Section 910: Approvals and Notices 

Except as otherwise specifically provided in this Agreement, whenever 
under this Agreement approvals, authorizations, deterrainations, satisfactions, 
or waivers are required or permitted, such approvals, authorizations, 
determinations, satisfactions or waivers shall be effective and valid only when 
given in writing signed by a duly authorized officer of the Authority or 
Redeveloper, and sent registered or certified mail, postage prepaid, to the 
principal office of the party to whom it is directed, which are as follows: 

Redeveloper . . . 

Authority .. . City Hall Annex, Boston, Massachusetts 

The parties shall promptly notify each other of any change of their 
respective addresses set forth above. 



23 



Notices and other communications to mortgagees and holders of 
construction loan agreements shall be sent registered or certified mail 
prepaid to the last known address of the party concerned. 

Section 911: Matters to be Disregarded 

The titles of the several articles and sections of this Agreement are 
inserted for convenience of reference only and shall be disregarded in 
construing or interpreting any of the provisions of this Agreement. 

Section 914: Obligations to Continue 

Except as to obligations to be performed at or prior to the time of 
closing of the sale and conveyance of fee simple title to and delivery of 
possession of the Property, the provisions of this Agreeraent shall survive the 
time of closing and the sale and conveyance of fee simple title to and the 
delivery of possession of the Property to the Redeveloper, but shall not survive 
issuance of the Certificate of Completion by the Authority except to the extent 
stated in the deed. 

Section 915: Excusable Delays 

For the purposes of any of the provisions of this Agreement, neither the 
Authority nor the Redeveloper, as the case may be, shall be considered in 
breach of or default in its obligations with respect to the preparation of the 
Property for Redevelopment, or the beginning and completion of construction of 
the improvements, or progress in respect thereto, in the event of unavoidable 
delay in the performance of such obligations due to causes beyond its control 
and without its fault or negligence, including, but not restricted to, acts of 
God, or of the public enemy, acts of the Government, acts of the other party, 
fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, 
and unusually severe weather or delays of subcontractors due to such causes; 
it being the purpose and intent of this provision that in the event of the 
occurrence of any such enforced delay, the time or times for performance of 
the obligations of the Authority with respect to the preparation of the Property 
for redevelopment or of the Redeveloper with respect to construction of the 
improvements, as the case may be, shall be extended for the period of the 
enforced delay: Provided, that the party seeking the benefit of the provisions 
of this Section shall, within a reasonable period after the beginning of any such 
enforced delay, have first notified the other party thereof in writing stating the 
cause or causes thereof and requested an extension for the period of the 
enforced delay. In calculating the length of the delay, the Authority shall 
consider not only actual work stoppages but also any consequential delays 
resulting from such stoppages as well. In no event shall any financing 
difficulty be a cause for an extension hereunder. 



24 



IN WITNESS WHEREOF, on the day of 

at Boston, Massachusetts, the parties hereto have caused this Agreement in 
five counterparts to be signed, sealed and delivered by their duly authorized 
officer or agent, respectively. 

BOSTON REDEVELOPMENT AUTHORITY 



Signed, sealed and 

delivered in the By. 

presence of: Title 



By 

Title 



Approved as to form: 



John C. Conley 
General Counsel 



25 



COMMONWEALTH OF MASSACHUSETTS 

Suffolk, ss. Date 19 

Then personally appeared before me the above-named , 

who executed the foregoing Instrument on behalf of Boston Redevelopment 
Authority and acknowledge the same to be the free act and deed of said 
Authority. 



Notary Public 

My commission expires 



COMMONWEALTH OF MASSACHUSETTS 

Suffolk, ss. Date 19 

Then personally appeared before me the above-named , 

who executed the foregoing Instrument on behalf of 

and acknowledge the same to be the free act and deed of said Corporation. 



Notary Public 

My commission expires 



Affe'iC^)< A 








URBAN RENEWAL PROJECT DESIGN 

Overall three-dimensional design plans 
for particular neighborhoods or dis- 
tricts are prepared in cooperation with 
neighborhood or business groups, to be 
carried out in specific urban renewal 
programs. There is first established a 
framework: the public decisions that 
determine the basic program for the re- 
newal area, a program of basic land 
uses and basic characteristics of the 
area to be redeveloped. There may be 
certain givens that must be recog- 
nized such as major utility lines, major 
highways, and specific structures to be 
preserved for historic reasons. The de- 
sign concept for the project area grows 
from this framework. There are eight 
major renewal projects for which plans 
are underway or completed. 




In addition, the Boston Redevelopment 
Authority planning and design staffs 
and other professional planning groups 
work cooperatively on project plans for 
certain areas where private interests 
are able to plan for themselves. Two 
large projects of this type underway are 
being prepared with the Greater Boston 
Chamber of Commerce's Waterfront 
Redevelopment Division, and the Com- 
mittee for the Central Business Dis- 
trict, Inc. Also, the Tufts-New England 
Medical Center planning office partici- 
pates in the preliminary planning for 
its portion of the South Cove project. 

"BOSTOH PUBUC LIBRARr 




DESIGN EXECUTION 



The framework of design in the Master Plan, urban renewal project 
design, and good architectural standards are not in themselves enough 
to assure good design in the actual reconstruction of Boston. The Boston 
Redevelopment Authority's design activities also include design review 
of new Development, and design for the rehabilitation process. 

Design review involves the Boston Redevelopment Authority administra- 
tive and design personnel in encouraging the selection of talented 
architects by developers, specification of design criteria for the develop- 
er's program, assistance to the developer and his architect in preparation 
of their proposals and securing necessary official approvals, advising the 
Board of the Boston Redevelopment Authority on design qualifications 
of the developer's proposal, and surveillance to assure that the designs 
agreed upon are actually carried out in construction. The Boston Rede- 
velopment Authority Design Advisory Committee and special expert 
design panels are relied upon for independent and objective advice in 
making the design judgements involved in the design review process. 

During the past year Vincent Kling and Harry Wbese came to Boston to 
review a submission for a large commercial office building; Oskar 
Stonorov and Chioethiel Smith acted as review panelists on several 
moderate-income relocation housing units; and Morris Ketchum and 
Dan Kiley reviewed proposals for a large neighborhood shopping center. 

Execution of good design in urban renewal is also carried out in rehabili- 
tation of homes in Boston's neighborhoods. Teams of qualified architects 
and engineers work in the field to give advice to homeowners on how 
they can meet rehabilitation standards. Individual home improvement 
design programs are provided to any homeowner requesting help. Proto- 
type rehabilitation construction is also done where there is an opportun- 
ity to stimulate homeowners to actively participate in neighborhood 
rehabilitation. 




"BOSTON PUBUC LIBRARV 




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DESIGN STANDARDS 

Areas where design standards are of 
greatest concern to the Boston Rede- 
velopnnent Authority and other public 
agencies are low-cost housing, schools, 
recreational open spaces, and streets. 

Here the Boston Redevelopment Au- 
thority designers and consultant archi- 
tects engage in prototypes design 
studies to prove that good design can be 
done economically. Through these, 
new standards and potentials for public 
and private architecture are defined, 
both as a platform for quality and as a 
challenge to the public and private de- 
velopers to improve on them. 

Commissioner Slayton has warned us, 
"Those who would insist that we build 
only that which has been market tested 
would put us into the position of con- 
tinuing the present environment and 
not offering the urban inhabitant any 
alternative to what he now has." 

•^BOSTON PUBUG LIBRARr 






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DESIGN IN MASTER PLANNING 

The Boston Redevelopment Authority 
emphasizes better civic design in the 
overall master plan of Boston, because 
it is at the comprehensive level of work 
that we are able to see and imagina- 
tively conceive of entirely new potential 
forms appropriate to our own exciting 
place in history. If we don't do this, we 
would be unworthy to succeed the 
Bostonians who filled the salt marshes 
and erected Back Bay and South End. 

Master planning embraces the whole 
city and region, and tends to the longer 
range development actions, while es- 
tablishing major design choices for 
large and small scale, long and short 
term actions. Master planning done in 
this framework contains the seeds of its 
own effectuation by a close integration 
with specific action programs in urban 
renewal and the City's Capital Improve- 
ment Program. 





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DESIGN AND URBAN RENEWAL 




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"We are not mere purveyors of real estate. We are builders of cities. 
And we must bend every effort to make sure that what we build will 
become an esthetic as well as functional asset to our cities. There 
is one area where all of us can place greater emphasis. This is 
design — by design I mean urban design, urban planning, and 
good architecture." 

Thus decisively Urban Renewal Commissioner William L. Slayton has charged us 
to attend to the quality of what we produce. 




The first step in urban renewal is to prepare project plans which create 
outstanding design opportunities. Government Center is a leading illus- 
tration. With the help of outstanding consultants, an expert Boston 
Redevelopment Authority design staff, and an internationally known 
group of architects, we are creating what I believe will be the oustanding 
architectural complex in the United States. Good urban design is a strong 
element in all our project planning, beginning with the planning process 
and extending through to discussions with the architects who will 
actually do the work. 

We have been able to recruit a very talented group of urban designees 
with architectural training and experience, who work on all projects — 
not just glamor spots like Government Center, the Waterfront and 
Downtown. They are our best guarantee that our hopes and aspirations 
can be attained. 

Good design need not be confined to big buildings. We believe that the 
thousands of privately built relocation housing units can also add to the 
appearance of our city. And since rehabilitation is a major theme of our 
program, we intend not only to conserve our supply of modest-priced 
housing, but also preserve, through good rehab design the character 
and flavor of our past. 

We are conscious of our responsibility to see that a new Boston, where 
the strengths of the old and new blend happily, will be a more beautiful 
place in which to live and work. Boston's architects share with us this 
determination to do well the things that must be done. I am confident 
that each of you shares this goal, and I look forward to working with you 
to achieve it. 

Edward J. Logue, Development Administrator, Boston Redevelopment Auttiority 



Now the pace of urban development and redevelopment quickens, and 
it is appropriate to ask whether the remarkable political, economic and 
social resurgence of the new Boston will be able also to achieve a higher 
quality of civic design and architecture than has thus far been seen in 
Boston and elsewhere in the redevelopment of American cities. Will all 
this effort succeed in removing blight, producing new housing, stimu- 
lating rehabilitation of private homes, providing new commercial and 
industrial development and improving Boston's tax base — and also 
improve the record of design achievements? Will the great potential for a 
lasting and well-designed Boston offered by our vast renewal program 
be realized? 

David A. Crane, Deputy Planning Administrator 
From a roundtable discussion at Boston College's 
Design in the Decade of Development seminar. 



The comprehensive scope of the 
Boston Development Program provides 
many opportunities for renewal action, 
from the boldest 20th century recon- 
struction to rehabilitation at an intimate 
scale, and deals with all the functions 
of a modern city: governmental head- 
quarters, residential neighborhoods, 
shopping centers, schools, highways, 
DEVELOPMENT PROGRAM streets, recreational facilities. 



UNIQUE FEATURES 
OF DESIGNING 
FOR THE BOSTON 



1 

m 



Design activities are not seen as sep- 
arate from the hard tasks and facts of 
urban renewal —the urban designers 
and architects, some 18 in all, work side 
by side with planners, surveyors, law- 
yers, and other urban renewal special- 
ists. There are four different levels at 
which the design process is at work; 

MASTER PLANNING 

URBAN RENEWAL PROJECT DESIGN 

DESIGN EXECUTION 

DESIGN STANDARDS 



DESIGN RELATIONS 

TO THE ARCHITECTURAL 

COMMUNITY 



In modern times the international su- 
premacy of Harvard and MIT as centers 
of architectural and city planning 
thought has encouraged many famous 
modern designers to live and open 
offices in the Boston area. Several of 
these distinguished men have accepted 
a large measure of civic responsibility 
by serving as members of the Boston 
Redevelopment Authority's Design Ad- 
visory Committee. This committee, 
headed by Hugh A. Stubbins, has been 
invaluable in its close work with the 
Boston Redevelopment Authority staff 
on the organization of design activities 
and reviewing the design work of the 
staff and of private architects in spe- 
cific developments. The other members 
of this committee are Pietro BelluschI, 
Jose Luis Sent, Lawrence Anderson and 
Nelson Aldrich. 



An enthusiastic Committee on Civic 
Design of the local chapter of the 
American Institute of Architects, 
headed by Robert Sturgis, is dedicated 
to stimulating the community's interest 
in a better designed city. To this end, 
sub-committees have been formed to: 

a) study principles of urban architecture 

b) present the committee's plan for 
Boston 

c) propose a design for Copley Square 

d) propose a design for Parl<. Square 

e) assist community groups in neigh- 
borhood design 

The Boston Redevelopment Authority 
has a continuing interest in working 
wth this committee, and hopes that the 
cooperation between the Boston Re- 
development Authority and the archi- 
tects of greater Boston will increase. 

Late in 1962, Boston College and the 
Boston Redevelopment Authority co- 
operated in the production of the 
"Design in the Decade of Develop- 
ment" seminar, at which Roger 
Montgomery spoke in behalf of the 
Urban Renewal Administration, 
Douglas Haskell the architectural press, 
Hugh Stubbins the local architectural 
community, and Edward J. Logue the 
local public agency. Leaders of the 
business community sat down to a 
roundtable confrontation with the 
speakers in an attempt to find a basis 
for community understanding, and a 
program of action for a better designed 
city. Among various public reactions to 
this seminar, the Boston architectural 
community responded to a call for vol- 
unteer help with the design aspects of 
the vast neighborhood rehabilitation 
programs. 

Around us we begin to see evidence 
that more thought is being given to de- 
sign. We are beginning to realize that 
what we build will last for a long, long 
time. We know we must build it well, 
and create in the process both beauty 
and function. 




"A civilization begins to manifest itself when men and women 
have begun to take thought about what it is they construct, and 
why, and. to what end. It begins to be a living whole when the 
idea of beauty has found its place alongside the pressure of 
utility and the spur of need." 



August Heckscher, speaking on "The Challenge of Ugliness," 



BOSTON 

REDEVELOPMENT 

AUTHORITY 




GOVDOC 

3 ah 



HOUSING AND HOME FINANCE AGENCY 
URBAN RENEWAL ADMINISTRATION / 

f^' M^'/^/l WASHINGTON 25, D.C. AfJ^'f^nA', 

August 20, 1962 

LOCAL PUBLIC AGENCY LETTER NO. 249 

SUBJECT: Design in Urban Renewal 

The attached statement. Design in Urban Renewal , sets forth the 
URA position that high-quality design is a basic objective of the 
urban renewal program, and outlines the actions which LPA»s can 
take to achieve quality design in urban renewal areas. 

We intend to provide further guidance for achieving this 
essential objective through tte issuance of pertinent publications 
which will expand on ways and means by which LPA's can implement 
the actions set forth in this statement. 

This statement indicates, as one type of action in achieving 
the objective of high-quality design, that provisions for LPA 
review and approval of redevelopers ' proposals from a design 
viewpoint, and any design objectives to be used as criteria for 
this review, may be incorporated either in the Urban Renewal Plan 
or in supplementary documents prepared later as part of the dis- 
position process. In the event of this latter alternative, the 
provisions and criteria for LPA review and approval of redevelop- 
er's proposals from a design viewpoint shall be included in the 
proposed forms of disposition agreements submitted for HHFA con- 
currence and must be consistent with the controls in the Urban 
Renewal Plan. In addition, fair value of land for purposes of 
disposition must be determined solely on the basis of controls 
in the Plan, and the appraisers must be instructed to disregard 
any design objectives or criteria not contained in the Plan, 

I personally urge that each LPA seize every opportunity to 
encourage high-quality design in urban renewal. We now have the 
means for achieving this objective on an unprecedented scale, 
and the quality of our design will be reflected in renewed urban 
areas for many years to come. 

(Sgd.) William L. Slayton 



William L. Slayton 

Urban Renewal Commissioner 



^^^mmuc 



August 20, 1962 
DESIGN IN URBAN RENEWAL 
PURPOS E OF DESIGN IN URBAN RENEWAL 

Urban renewal provides an unprecedented opportunity to rebuild 
major parts of our cities. Well-designed, these can become great 
assets— functionally and esthetically. But if these areas are poorly 
designed, rebuilt in uninteresting and unproductive patterns, a 
basic purpose for the expenditure of public funds and public effort 
will be lost. 

Good design is more than pleasing appearance. Its human, 
economic, and functional aspects are crucial. Through good archi- 
tecture, landscape architecture, and city planning design — urban 
renewal design includes them all — handsome and useful buildings 
and spaces, creating whole areas with character and utility, express 
and make possible the significant purposes of urban renewal. 

Good design is i ts own best justification . Urban renewal 
can help build great American cities — beautiful, well- 
conceived, rewarding to live in. 

Good design produ ces a useful and expressive setting for 
.community life. Urban renewal design is a social art. It 
is the art of building a humane city environment, one 
developed in the best interests of the people who will use it. 

Good design is good investment . Urban renewal design is 
a functional art. It builds in, right from the start, 
adaptability, utility, long life, and competitive advantage. 

Much good design has been accomplished in urban renewal, it is 
proven as a useful factor in project planning and execution. It is 
possible to give some guidelines, based on experience, so that all 
cities may insist on good design as a measure of quality in urban 
renewal . 

ACTION TO PROMOTE GOOD DESIGN 

Action to promote good design may be taken throughout the 
urban renewal process — prior to and during preparation of the Urban 
Renewal Plan and during the course of project execution. This action 
should be based on design services and studies performed by skilled 
design professionals. Outlined below are some specific procedural 
measurers which can be taken. But, ultimately, achieving good design 
depends upon more than procedures and official actions. It requires 
local support which understands and values functional, well-conceived, 
and esthetically satisfying urban environment. 



-2- 
ACTION DURING PROJECT PLANNING 

Design values are involved from the earliest beginning of 
project planning. The Decisions made in selecting a project 
area, defining its boundaries, and working up the Urban Renewal 
Plan will substantially shape the design possibilities of the 
finally completed project. Good design may depend upon these 
early actions. 

Selection and Treatment of Project Areas 

Selection of the urban renewal project area and project 
boundaries and the type of treatment to be applied have a 
marked influence on design possibilities. This is self-evi- 
Hent in conservation areas where existing buildings and streets 
will in large part remain. In the case of redevelopment, thene 
preliminary actions establish such design determinants as 
suitability for high or low intensity of development, and 
initial conditions of topography, city services, and relation- 
ships to adjoining parts of the city. Boundaries are particu- 
larly significant; in their choice the project can be made to 
blend in with, or stand apart from, its adjoining neighborhoods. 

The Urban Renewal Plan 



Basic design framework is established in the Urban 
Renewal Plan; therefore, design studies should guide its 
preparation. The major design aspects of the Plan ares 

1. I;r,.,- vi.-.'-r, L- ■:■ :: ^\:■;;^:::^■xre and street rights-of-way, 
location and functicn.'-j! of public uses and open spaces, inten- 
sities of proposed development, and delineation of conservation 
and redevelopment areas. 

2. Regulations and -jontrols to be irapojed on sale, lease, 
or retention of real. ioroj:,c;r. !.-.-,.- acquired, 

3. T-ie wa*'' ma.ior highway progrcns are coordiri.ated with 
the Urban Renewal Plan,, 

Altoqether thesa ^e.'c d. framev.-ork for design xvhich, in 
its specifics, will depeno upon ■:1.': rroject characteristics 
and the extent of design studies undertaJcen during planning. 
In addition, the Urban Renewal Plan may incorporate procedures 
for more positive design control through review and approval 
of redevelopers' proposals. 



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1 ^-3- 1 

Design plans and design objectives developed during project 
planning can also be an informal guide to later actions. Where 
disposition will be accomplished in many separate parcels, 
design plans and objectives provide a means by which the LPA 
can achieve overall design coordination. In conservation 
areas, design plans and design objectives may be used to 
insure overall design coordination and compatibility of 
old and new. Design objectives which are to be used as 
criteria in review and approval of redevelopers ' proposals 
may be either incorporated in the Urban Renewal Plan or 
deferred until disposition documents are developed, 

ACTION DURING PROJECT EXECUTION 

Successful design is measured by the quality of the end 
result. Design action, therefore, must continue through the 
project execution phase. From this standpoint, the main as- 
pects of project e::ecution are: 

1. Project improvements, engineering, and site improve- 

ment work, 

2. Rehabilitation and conservation activities, 

3, Land disposition methods, 

4, Review and approval of redevelopers' proposals. 

Project Improvements, Engineering, and Site Improvement Work 

All project improvements contribute to the design of the 
urban renewal area. Specific design study may be usefully 
applied to the follov/ing categories of works 

1, Public rights-of-ways 

a. Streets and sidewalks, underpasses and overpasses, 
bridges, and retaining walls. Design study should be 
carried on in close collaboration with the required 
engineering work and design proposals incorporated 

in engineering plans, 

b. Street furniture, including lighting and signs, 

c. Street tree planting and landscaping plans, 

2. Local parks and playgrounds; 
a, Basic layout and planning. 



1 ,-> -*- -) 

b. Land Form, planting, and other landscaping plans, 

c. Park and playground equipment and furniture, inclu- 
ding benches, play equipment, fencing, lighting, and signs. 

3, Rough grading where required to make land disposable for 
proposed uses. 

In addition, the opportunity provided by urban renewal to 
place utilities underground should be seized whenever possible. 

Rehabilitation and Conservation Activities 

Design work giuring project execution is the principal 
technique available for assuring the required long-range vitality, 
character, and stability of conservation areas. This fact is 
recognized in explicit provisions of the Urban Renewal Manual 
as followss 

1, Architectural consultants may provide general 
guidance to property owners in solving common design 
problems and in coordinating property improvements 
block by block. 

2, Design advice may be offered to assist owners in 
improving their properties. 

3, Complete design services may be included as required 
for functional and esthetic improvement of public 
rights-of-way. 

4, Rehabilitation demonstrations provide an important 
design opportunity through coordinated architecture, 
project improvement, and landscape design. 

In addition, to the extent not covered in project planning, 
attention should be focused on the following? 

1, Overall urban design of the entire conservation area. 
Design elements involved include the architectural 
quality of buildings, the character of open space 
and streets, and the problems of compatibility be- 
tween old and new. 

These overall design considerations should guide the 
work done under the four Manual provisions listed 
above and Items 2 and 3. 

2, Guides or objectives for design of facilities for 
public use. 



1 1 .5- ) 

3. Guides or objectives for design of spot development 
which raay be crucial to survival and stability of 
conservation areas. 

Land Disposition Methods 

Land disposition methods and processes have an impor- 
tant bearing on project design. Arnon^ the opportunities to bring 
disposition practices into play for the benefit of design, there 
are three most useful approaches? 

1. Design considerations should be one of the most 
important factors in raalcing determinations in a 
negotiated disposition. 

2. Design as an important renewal objective may lead 
in certain cases to disposition through fixed 
price offerings which can make design quality 
the basis for award of the land. In this 
approach, the price is based on permitted use 

of the land, private developers submit design 
proposals, and LPA awards the land to the one 
submitting, the best proposal. Competition require- 
ments should assure that submissions are kept ap- 
propriately modest and that undue burdens are not 
placed on competitors. 

3. Where property is disposed of on the basis of 
price competition, it is desirable to establish 
procedures for subsequent design review and 
approval of the successful redeveloper's proposals. 

Revie\7 and Approval of Redevelopers ' Proposals 

Design reviev7 and approval of redevelopers* proposals, 
as a condition to be imposed on sale or lease of land, may be 
called for either in the Urban Renewal Plan or in supplementary 
documents prepared later as part of the disposition process.^ 
The basis for approval or disapproval should be made as explicit 
as possible in stated design objectives. 

Room for creative individuality in design should be 
kept open in the statement of objectives. Design plans and other 
studies undertaken as a basis for formulating objectives may be- 
comes an informal guide for the reviev/ process. 

Review boards or panels established to advise the LPA 
on the design merits of redevelopers' proposals should be composed 
of qualified design and planning professionals and development 
experts. The public interest is best protected by having the 
boards made up of the best trained and most highly skilled and 
experienced personnel. 



- 6 - 

DESIGN STUDIES AS A BASIS FOR ACTION 

Design studies appropriate to an urban renewal project 
will vary widely, depending upon the characteristics of the 
particular case and available resources. At minimum, they 
should include advisory opinions from design professionals, 
either on the LPA staff or consultant to it, covering the 
following essentials; 

1. Design possibilities of the project area and its 
appropriate boundaries . 

2. Design aspects of the Urban Renewal Plan. 

3. Specific recommendations on the extent and type 
of controls and regulations to be established in 
the Urban Renewal Plan and on provisions for design 
review of redevelopers ' proposals to be incorporated 
either in the Plan or in subsequent disposition 
documents . 

4. Implementation of good design during project execu- 
tion through project improvements, conservation 
activities, land disposition, and review and approval 
of plans. 

Additional design studies may include: 

1. Survey and analysis of existing design conditions, 
including architectural and historical analysis of 
utilization and design of existing open spaces and 
streets. These studies are particularly useful in 
conservation areas. In redevelopment areas, these 
studies can contribute to decisions on existing 
features to be retained, 

2. Studies of the architectural and urban design 
possibilities of relating new development to exist- 
ing buildings, open spaces, and streets. 

3. Consideration of special problems where their design 
solution can contribute significantly to project 
goals. 

4. Preparation of alternative design schemes and their 
comparative analysis, including evaluation of alter- 
native costs, benefits, and revenues. 

5. Preparation of design objectives as a basis for de- 
velopment controls and regulations to be incorporated in 



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- 7 - 



the Urban Renewal Plan or as criteria to be used in 
design review and approval of redeveloper's proposals. 
Design objectives are general definitions of the goals 
to be sought in project design. They may include 
questions of harmony, blending, or contrast with exist- 
ing and surrounding development; types of open space 
and circulation planning? recommended types of neigh- 
borhood design and land design; performance standards; 
and, in certain cases, architectural controls. 

6* Design plans specifically prepared for the project 

area. These plans deal with the potential development 
of the project area and with its relationship to the 
surrounding city. The nature of the project and its 
particular technical and functional requirements deter- 
mine the possibilities. Design plans outline those 
aspects essential to a practical and well-designed 
result. TAjork undertaken in connection with their 
preparation must relate significantly to specific de- 
sign needs of the project. 

These plans are neither construction plans nor 
are they part of the Urban Renewal Plan. Rather they 
are used by the LPA as a basis for the controls and 
regulations to be incorporated in the Plan, as a graphic 
statement of design objectives, and as a guide and gen- 
erator for later actions during execution and redevelop- 
ment. While design plans are only informally related 
to the official documents, much experience has proven 
their value in promoting good design. 



1 1 



- 8 - 

DESIGN SERVICES 

URBAN RENEWAL DESIGN SKILLS AND SERVICES 

Design services and design studies are serious and responsi- 
ble work. They require the highest professional skill and ex- 
perience in architecture, landscape architecture, city planning 
design, and urban design. The LPA should choose staff and con- 
sultant designers with great care to assure that their skills 
are appropriate to the work at hand and the needs of the partic- 
ular project. Poor design work may be much worse than simply 
taking a chance on the results produced without formal attention 
to design. 

It is most important to distinguish design plans from promo- 
tional visualizations and "artists' conceptions" of project 
appearance. Sketches, models, renderings, and plan drawings 
are simply ways of illustrating a design. Design plans, in 
contrast, are realistic proposals dealing with the most essen- 
tial aspects of design in a given situation. They should be 
based on the skills of programming, analysis, schematic design, 
and construction know-how characteristic of the various design 
professions. 

LOCAL DESIGN RESOURCES 

The architects, landscape architects, and city planning 
and urban designers in the locality can sometimes render informal 
assistance to the LPA, either as individuals or jointly through 
the local chapters of the national professional design associa- 
tions. Voluntary advisory help may be especially valuable in 
giving general advice, evaluating design controls, and identi- 
fying important design opportunities and strategies. 

Some nonprofessional groups may also make contributions. 
Among these are historical societies and groups organized for 
the preservation of architectural and historical landmarks. 
They may contribute to design surveys of existing conditions, 
to decisions as to what can and should be saved, and to the 
solution of certain types of conservation problems. 



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APPENDI.[ C 
WORKS OF ART IN REDEVELOPMENT PARCELS 

Section 302 (j) of BRA disposition agreements require that 
works of art be incorporated in. all site developments. This 
statement has been prepared as a further guide to interested 
developers. 

Works of art can and should support the architectural concept, 
including functional, structural, and aesthetic objectives and 
treatments, of the building and its site. Artist and architect 
are encouraged to explore the many possibilities for harmonious and 
purposeful collaboration between the two professions. They can 
find opportunities here to enrich the project at an intimate scale 
with that which the machine cannot provide. The architect is en- 
couraged to use the works of artists in many different ways and 
places, including a range of possibilities — from the enjoyment 
of the public on the exterior of the building or on its grounds, 
to the more direct visual delight of those who use the building in 
a variety of spaces within it. At any scale, there is a broad 
opportunity and specific challenge here to further the idea that 
art, architecture, and urban development have a basic relationship. 

Planning of a Program for Works of Art 

The artist (s) work may be attached to or integral with the 
structure or site, or be free-standing, and be of a design and 
materials suitable for the purpose and location, so as to afford 
reasonable resistance to conditions of exposure, vandalism or 
theft? worlis of art should be of such a nature as to provide 
maximum pleasure to the tenants of the building or the viewer 
from the street. Works of art must be of a nature that they v/ill 
be a permanent part of the building or its site. 

Included Tyioes of Art 

The following examples of what is meant by "works of art" 
are not meant to be exclusive, but rather illustrative of the 
kinds of v7ork that would satisfy the basic intent of this policy; 

- ornamental walls and structural elements, 

- sculpture, bas-relief, raosaics, frescos, murals, 
tapestries, or paintings, 

- fountains which are in themselves sculptural or 



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Works of Art in Redevelopment Parcels -2- 

de signed to enhance the setting of sculpture, 

- special lighting and dynaraic effects, 

- ornamental benches, pedestrian comforts, and 
street equipment, 

- special exterior or interior spaces in which 
the total use of color, materials, lighting, 
sculptural relief, or other devices creates an 
effect predominsintly dedicated to aesthetic enjoy- 
ment rather than utilitarian requirements. 

In no sense are the works of art intended to be used as a 
substitute for outstanding architectural or landscape architect- 
ural design. 

Selection of Artists 

The final selection of the artist (s) is the responsibility 
of the architect, subject to the approval of the developer. It is 
to be understood that the artist is s^ot ordinarily a member of an 
architect's, landscape architect's or engineer's staff. It is 
presumed that works of professional artists will be commissioned 
especially for the proposed redevelopment. The architect is en- 
couraged to develop an early working relationship with the artist (s) 
in order to incorporate the results of their collaboration into 
the preliminary plans and outline specifications. 

Reviews and Approvals 

The specific scope and sequence of reviews shall be determined 
by the Authority in relation to each redevelopment proposal and 
the approach of the redeveloper to satisfying the intent of this 
policy. 

As soon as possible after selection of the developer, the 
developer and his architect shall submit a general program for the 
employment of art in the development, including names and back- 
grounds of proposed artists, illustrations of typical past work, 
types and location of art to be used, budged allocation, and 
statement indicating how the work will support and. enhance the 
architectural and site design proposals. 

Subsequent submission and revie\i7 procedures are set forth 
under the Design Review Process elsewhere in this kit. 



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