WordPress.com



POST ROAD MOBILE HOME PARK & SALES, INC.181 Boston Post Road East, Suite 2, Marlborough, MA 01752-3526Telephone (508) 485-0644Fax (508) 485-9787FIVE-YEAR LEASE OF MANUFACTURED HOME SITETHIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICEIn this Lease, the words “we”, “us” and “our” means the Landlord, Post Road Mobile Home Park & Sales, Inc., of 181 Boston Post Road East, Marlborough, MA 01752-3526. The words “you” and “yours” means the Tenant(s) of Lot # Marlborough, MA 01752.We agree to Lease to you and you agree to Lease Lot Number , located in Post Road Mobile Home Park, bounded and described as follows:The Lot is approximately .± square feet, more or less with a front width of approximately ± feet; rear width of approximately ± feet; length of left lot line of approximately -+feet and length of right lot line of approximately ± feet.Term The term of this Lease shall be five (5) years commencing on and ending on .Basic Rent During the first year of this Lease, you will pay to us basic rent at the rate of $ per year, payable in monthly installments of $ . During the second year of this Lease, you will pay to us basic rent at the rate of $ per year, payable in monthly installments of $ . During the third year of this Lease, you will pay to us basic rent at the rate of $ per year, payable in monthly installments of $ . During the fourth year of this Lease, you will pay to us basic rent at the rate of $ per year, payable in monthly installments of $ . During the fifth year of this Lease, you will pay to us basic rent at the rate of $ per year, payable in monthly installments of . In addition, you agree to pay us as additional rent any additional rent that is due us pursuant to the provision of Article 3, (“Surcharge for Additional Vehicles”) Article 4 (“Annual Operating Cost Rent Adjustment”) and Article 5 (“Automatic Non-Discriminatory Rent Adjustments”).Excise Tax also known as City FeeThe current fee is $6.00 per month payable the first of every month for a total of $72.00 per year is INCLUDED in the basic rent. The city fee has been added to the basic monthly rental fee stated in Section 2. This fee is subject to change and is set by the City of Marlborough.Surcharge for Additional VehiclesYou understand that the basic rent set forth in Article 2 is based on your parking of not more than two (2) personal motor vehicles on your manufactured home site.In the event that we give you written consent to park more than two (2) personal motor vehicles at your manufactured home site, you agree to pay us an additional thirty-five and 00/100 ($35.00) dollars per month as additional rent.You also agree that you will not violate any community rules pertaining to personal motor vehicles.Annual Operating Cost Rent AdjustmentYou agree to the following non-discriminatory annual operating cost rent adjustment. We will provide you with a written notice of this adjustment at least thirty (30) days or one full rental period, if it is longer, in advance of the effective date of this non-discriminatory annual rent mencing on January 1st, of every year there shall be an operating cost adjustment in the basic rent set forth in Article 2 of this Lease. You shall pay to the Landlord as additional rent .092 percent (92/100) of any increase in operating expenses over those incurred during the calendar year ending December 31st. Operating expenses are defined for the purpose of this agreement as snow plowing and sanding of common roads and areas, monthly unit license fees required by M.G.L. Chapter 140, Sec. 32G, landscaping including tree maintenance, insurance, (fire, liability, auto, workman’s comp, etc) office expense, office and park maintenance, utilities, salaries and wages, payroll taxes, employee retirement, benefits and bonuses, rubbish removal, vehicles expenses, road maintenance, electrical maintenance, account expenses, and any and all reasonable customary expenses which the Landlord shall pay or become obligated to pay in connection with operation, maintenance, repair and management of the mobile home park.Automatic Non Discriminatory Rent AdjustmentThe following non-discriminatory rent adjustments may be made at any time during the term of the Lease, provided that we send you a written notice of the rent adjustment at least thirty (30) days, or one full rental period, if it is longer, in advance of the effective date of the non-discriminatory rent adjustment.If in any month commencing with the first month following the execution date of this Lease, the real estate taxes on the land and buildings, for which the leased premises are a part, are in excess of the real estate taxes, for the preceding month. Tenant shall pay to the Landlord as additional rent hereunder, when and as designated by notice in writing by the Landlord .092 per cent (92/100%) of such excess that may occur for each and every month of the term of the Lease or any extension thereof. This percentage increase represents that proportion of increased real estate taxes that your lot bears to the whole of the real estate. If we obtain the abatement of any excess real estate tax a proportionate share of such abatement, less reasonable fees and costs in obtaining the same, if any, shall be refunded to you in the same proportion as any increase is billed to you.If in any month commencing with the first month following the execution date of this Lease, the water and sewer use rates or volume or the contracted monthly rubbish removal costs for the land and building for which the leased premises are a part of are in excess of the water and sewer rates or volume and contracted monthly rubbish removal costs for the preceding month. Tenant shall pay to the Landlord as additional rent hereunder, when and as designated by Notice by Landlord .092% (92/100%) such excess that may occur for each and every month of the term of this Lease or any extension thereof. This percentage increase represents that proportion of increased water and sewer and rubbish removal costs that your lot bears to the whole of the real estate. If such costs decrease in any subsequent month, any savings which result would be refunded to you in the same proportion as any increase billed to you.Capital Improvements. Non-discriminatory rent increases may be levied at any time for capital improvements involving water distribution, sewage systems, utility connections or installations, roads and lot site work necessary to improve the integrity of the community. Such non-discriminatory rent increases shall be calculated as the costs of such items amortized over the useful life of each item. These rental increases shall be in addition to those described in Articles 4 and 5A and 5B above.Late FeesYou will pay us a late charge of 1.5% of your monthly rent for each payment that is more than thirty (30) days late. You will pay us a charge of $25.00 for any check that is returned to us for any mon AreasThe common areas available for use by all tenants and residents are the paved roadways and areas designated for disposal of rubbish.Rights of AccessYou have a right of access over your neighbor’s lawn to the side of your home for the purpose of home maintenance, provided that, you do not damage your neighbor’s lawn or property. This access is restricted to a five (5) foot area from you home and your access shall not interfere with your neighbor’s quiet enjoyment of his/her lot. Your neighbor has a similar right of access.InsuranceSo long as public liability insurance remains available to the tenant at reasonable rates, the tenant will keep in force at his/her own expense, so long as he/she remains a tenant, public liability insurance with respect to the leased property in companies and in form reasonably acceptable to Landlord with minimum limits of $500,000.00 on account of bodily injury or death of one person and property damage insurance with minimum limits of $500,000.00. The tenant will further deposit the policy or policies of such insurance or certificates thereof with the Landlord.You understand and agree that it shall be your own obligations to insure your manufactured home and your personal property and you understand that the Landlord will not reimburse you for damage to your manufactured home or personal property unless such damage is caused by the Landlord’s negligence.Rubbish RemovalYou agree to place ordinary household trash in plastic bags and to cut up any cardboard cartons before placing them in the park dumpster.You agree to personally dispose of larger items such as furniture, washer/dryers, refrigerators, tires, wood, carpeting, construction material etc., at public facilities provided by the City of Marlborough and you acknowledge that we are not responsible for removing this type of rubbish.You agree that additional costs imposed on the Park by any regulatory authority for recycling will be recovered through a non-discriminatory rent increase in accordance with 940 CMR 10.05 (8)(b).RegistrationYou are required to complete a residency card for all occupants of your home. You are required to comply with all valid local, state and federal laws pertaining to the number of occupants permitted in your home.Sub Leasing AssignmentYou will not assign this Lease Agreement in whole or part, nor sublet all or any part of manufactured home site or permit the use of any part of your manufactured home site by another person, firm or entity without our written consent. Consent by us to any assignment of subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment of subletting. This prohibition against assigning of subletting shall be constructed to include a prohibition against any assignment or subletting by operation of law. Our consent to your assignment or subletting shall not be unreasonably withheld.Our consent to you assignment or subletting does not release you from any obligation stated in this Lease Agreement nor from any lot rental or tax fees due to us.Our Right of EntryYou agree that in the event of an Emergency including, but not limited to, medical, fire, broken water pipes, or frozen pipes, we may enter your lot or manufactured home in order to safeguard your property, abutting property or community facilities.Except as provided in Article 13(A) we may not enter your manufactured home without your written consent.Lot MaintenanceYou agree to keep your lot in good repair and free of debris, rubbish and garbage. You agree to comply with all applicable health and safety laws and you shall store materials, equipment or other personal property in the manner set forth in Article 21 of our rules.You agree to maintain your lawn by watering, fertilizing and reseeding it where necessary, in a manner consistent with other lawns in the community. Lawns should be maintained at less than 4” high at all times. All shrubs and trees will be maintained in trim condition and shall not interfere with your neighbor’s view. You will not park a motor vehicle on a grassed area at any time.Before you ever dig or excavate your lot you will first contact “Dig Safe”. “Dig Safe” is a free service (telephone number 1-888-344-7233) which locates underground utilities. You will then provide us with the clearance numbers and clearance date(s) provided to you by “Dig Safe.” You will not begin any digging or excavation on your lot until you had obtained our written approval, which we will not unreasonably withhold.You agree that you will comply with all provisions of this Article 14 and should you receive written notice from us requesting you to take action in order to comply with the provisions of this article you agree to promptly take the specified action. If you do not commence and proceed diligently to comply with the action requested in our notice to you within ten (10) days after the delivery, thereof, then we at our option, may enter upon your lot and do the items specified in our notice, and we shall have no liability to you for any loss or damage resulting in any way, from our entry upon your lot. You agree to pay promptly on demand, any expense incurred by us in taking such action.Except in emergency situations, we, after providing you with the two days’ advance written notice, have the right to enter upon your lot for the purpose of maintaining or improving utilities located on/or under your lot. Any such access will not unreasonably interfere with your right to quiet enjoyment of your home.You will not place or permit another to place or maintain any sign or advertising matter on your home lot without first obtaining our written approval. We will not unreasonably withhold our approval of a sign advertising your home for sale, but we may withhold our approval of all other signs if we believe they detract from the residential nature of the community.You are solely responsible for snow clearance and sanding (if desired) on your home site.Outstanding MoniesYou agree that prior to selling or sub-leasing your home, you will pay us any and all outstanding rents, charges, and fees or service charges that you owe us. All outstanding monies owed to us are subject to the provisions of M.G.L. c. 140, ss 32J, M.G.L. c. 255 ss 25A and M.G.L. c. 255, ss 26.Notice of SaleYou agree to provide us with notice of any intended sale at least thirty (30) days prior to its execution.Our First Right of RefusalPursuant to the provision of 940 CMR 10.07 (7) you hereby grant us a right to first refusal to purchase your manufactured home. This right is enforceable provided that:it is based on the full amount of the bona fide third party offer;we must accept or reject the offer within fifteen days;the sale must take place on the terms set forth in the third party offer;if we fail to timely accept the offer and the third party offer is consummated, you shall not be required to submit a third party offer made within one year unless a price is materially reduced; andThis right of refusal shall not apply to any transfer to members of your family, including but not limited to step relatives and domestic partners.Utility ConnectionsWe are responsible for providing, paying for, maintaining and repairing systems providing water, sewage, disposal, and electricity to the point of connection for your home in accordance with applicable laws.You are responsible for paying for the maintenance and repair of utilities inside and outside of the manufactured home from the point of the main water/sewer connection 6” above ground level or the meter socket at the electrical pole to the manufactured home. You are responsible and must maintain any equipment which was originally provided with your manufactured home and any replacement parts and improvements installed by you and/or the previous owner. You are responsible for water and sewer pipes which extend from your home to the water and sewer connection in the ground. The point of the water and sewer connection is a pipe located under the home approximately 6” above ground level. You are responsible for any pipes that service only your home until it reaches the common area main pipe. This includes all sewer clogs occurring in these pipes. You are also responsible for any clogs caused by your home in the main sewer pipe.You are also responsible for maintaining all electrical wiring including underground wiring until it connects with the meter socket servicing your home. The point of electrical connection is where the wire connects to the meter socket at the electrical pole.You are responsible for and shall pay for all cable TV, telephone and Internet service provided to your manufactured home. We are not responsible for these services.You are required to pay for your own use of gas, oil and electricity, as long as (i) there is individual metering by a utility or utilities; (ii) the meter serves only your individual home, and (iii) we have disclosed this in the Written Disclosures provided to you.You may not make any changes, increases, or alterations to your gas or electrical service until you have notified us that you have obtained the property permits and complied with all applicable electrical or other safety codes. You are not permitted to tamper with meter boxes and utility services. You may not dump, flush or discharge any hazardous or toxic waste, or other harmful or improper wastes or substances into the disposal system or drains, such as toilets, showers, bathtubs and sinks, which serve your home or other common areas in the community. Examples of substances and wastes covered by this section include the following: aluminum foil, sanitary napkins, baby diapers, baby wipes, coffee grounds, oatmeal, leaves, grease, paint, oil, gas, motor oil, coolant, oil filters or solvents. You shall dispose of such substances and wastes according to proper handling and removal instructions and according to law.Interior Appearance and ImprovementsYou are solely responsible for interior appearance, maintenance, repair and improvement of your home. You are responsible for complying with all applicable governmental health and safety and other regulations and shall be the only one subject to enforcement by appropriate governmental authorities.Exterior Appearance of House and Home siteYou agree to maintain your home, exterior doors, steps, patio areas, additions, decks, porches, skirting, awnings, sheds, fences and other outside structures in good repair and structurally sound condition; free of rust spots or unsightly chipped, peeling, or flaking paint; free of broken windows and in compliance with all applicable governmental requirements. If you fail to do so, we will send you written notice specifying the work required of you and informing you of our intention to do the required work at your expense, if you do not do it within ten days of your receipt of our notice. If we do the work, you will be charged the amount specified in our notice to you.Only reel (circular) clotheslines are permitted in approved locations. None are to be tied to trees. All clotheslines must be placed in the rear of your lot. You must obtain our written approval before installing a clothesline. We will not unreasonably withhold our approval.Any changes to the exterior of your home patio areas, including but not limited to the erection or alteration of additions, decks, porches, skirtings, awnings, sheds, fences, enclosures or other external structures or color changes to the paint on these structures can only be made with our written approval, which will not be unreasonably withheld or delayed so long as such changes are consistent with the esthetic stands of the community and provided that you are to obtain any building permits required before beginning such changes.Subject to our written approval, which we will not unreasonably withhold, you may install satellite dishes on your lot of not more than 39” in diameter.You are entitled to place one utility shed on your lot provided that the size of the shed is not greater than 10’ x 10’.PetsAll pets must be properly licensed and immunized. You must notify us of any pets which you will permit outside. All pets, whether inside or outside your home are prohibited from disturbing the peace and quiet of the community or threatening the health, safety or property of other residents. You may not keep a pet whose conduct has endangered the health, safety or property of other residents or their guests. Whenever a pet is outside your home, it must be reasonably restrained. You are responsible for cleaning up after your pet. All waste must be bagged and disposed of promptly and properly. Any pet restricted by our insurance policy may not be brought into our community. If your pet is restricted, you shall remove it within a reasonable time of your receiving notice from us to remove it. You shall not bring a new pet into the community until you have obtained written confirmation from us that your intended pet is not restricted by our insurance policy. No pets over 20 pounds are allowed..Motor VehiclesYou are entitled to park up to two personal motor vehicles at or on your manufactured home site. A personal motor vehicle is any registered vehicle that does not exceed a gross weight of 8,600 pounds, with two or more axles. You may not park more than two personal motor vehicles or any vehicle with gross weight of more than 8,600 pounds without written consent.No permanently unregistered vehicle is permitted in the community.No vehicle shall be parked on the street during snow removal;No vehicle shall be operated at a speed in excess of 15 miles per hour;No vehicle shall be operated in such manner as to interfere with other residents’ right to quiet enjoyment of their home sites.Major overhauling, major repairs, major spray painting, changing of oil or any other significant repairs to vehicles is not permitted in the community, if such work may involve the risk of leakage of petroleum products. You are permitted to do minor repairs to your personal motor vehicle so long as there is not a risk of petroleum product leak.Vehicles that are leaking or dripping oil or gas must be promptly repaired. If such leaks are not repaired we shall provide you with written notice of the leak and provide you with a reasonable time period to repair your vehicle or remove it from the community. If you fail to take corrective action in a reasonable period of time, we may have the vehicle removed or seek other relief, which may include making you liable for the cost of repairing areas damaged by such leak.Any vehicle parked in violation of any enforceable rules shall after reasonable notice to the vehicle owner, and the appropriate local authorities, be towed at the expense of the owner of that vehicle.Public Safety and WelfareExcept for suppliers engaged or about to be engaged by you, other residents, or us, commercial vendors are prohibited from soliciting and peddling within the community.You will not carry or permit any occupant or guest to carry on a commercial business within the community, unless you obtain our written consent, which will not be unreasonably withheld. Any business carried on by you must comply with all zoning and other laws applicable to your business and it must not interfere with the right of other residents to quiet enjoyment of their homes.Fishing, hunting or the discharge of firearms, including air rifles, BB guns, or fireworks is prohibited within the community.The operation of snowmobiles, go-carts, mini bikes and trail bikes is prohibited within the community.We are not responsible for personal injury or property damage caused by wild animals. In the event you observe the presence of wild animals in the park, please contact appropriate local authorities.Fuel Oil TanksYou are responsible for the care and maintenance of the fuel oil tank which serves your manufactured home. You acknowledge that your fuel oil tank was part of the original equipment delivered with your manufactured home or that you or a prior owner replaced the original fuel oil tank. You further acknowledge that the fuel oil tank belongs to you and that pursuant to 940 C.M.R. 10.03(2) (n) you may be held directly responsible for removing or replacing the tank if you negligently maintain it.GuestsWe require you to notify us if any guest of yours stays or intends to stay in your home for more than 30 days. A guest is a person who resides in a home for more than 30 days. A guest is a person who resides in a home for fewer than 90 days in a 12 month period. All other occupants of your home are residents.Ownership of HomeYou must furnish us with a copy of your bill of sale for the manufactured home that you own. We require you to do so in order for us to be certain that you are the legal owner of your home.Remedies CumulativeNo mention in this Lease Agreement of any specific right or remedy shall preclude us from exercising any other right or from having any other remedy, or maintaining any action to which we may otherwise be entitled, either at law or equity; and the failure of us to insist in any one or more instance upon a strict performance of any promise made by you in this Lease Agreement or to exercise any opinion or rights contained in this agreement shall be construed as a waiver or relinquishment for the future of such promise, right or option, but they shall remain in full force and effect unless we waive them in writing.Successors or AssignsThe Lease Agreement and the covenants and conditions herein contained shall inure to the benefit of and be binding upon us, our successors and assigns and shall be binding on you, your successors and assigns.Joint and Several LiabilityIf there is more than one of you who signs this Lease, then each of you agrees to pay the entire amount that you owe us. We can delay enforcing any of our rights under this Lease without losing them. If we release any of you from this Lease the rest of you shall still pay the amount you owe us. We can also give any of you more time to pay the amount you owe us.Hold OverIf you continue to occupy the lot with our consent after this Lease ends, this Lease will be on a month to month basis. In that case, either you or we can send a notice to the other and cancel this Lease with proper notice. All other terms of this Lease still apply.Applicable LawsThis Lease Agreement shall be construed under the Law of the Commonwealth of Massachusetts.SeverabilityIf a provision or paragraph of this Lease is legally invalid, or declared by a court to be unenforceable, such provision or paragraph will be deemed deleted, and the rest of the Lease remains in effect. To the extent that any provision of this Lease is in conflict with any provision of applicable laws, such provision is hereby deleted, and any provision required by applicable law which is not included in this Lease is hereby inserted as additional provision of this Lease, but only to the extent required by applicable law and then only so long as the provision of the applicable law is not repealed or held invalid by a court of competent jurisdiction.Force MajeureWe shall be excused for the period of any delay in the performance of any of our obligations hereunder when prevented from so doing by cause or causes beyond our control which shall include, without limitation, all labor disputes, civil commotion, war, terrorism, sabotage, government regulations or controls, fire or other casualty, inability to obtain any material, services or financing or through Acts of God.CounterpartThis Lease is executed in counterpart (exact copy) with the copy to be furnished to you and the original to be retained by us. You acknowledge that the Lease is 12 pages long and that you read and understand its provisions.NoticesAll notices from you to us required or permitted by any provisions of this Lease Agreement shall be directed to us at 181 Boston Post Road East, Marlborough, MA 01752-3526.All notices from us to you so required or permitted shall be directed to you at 181 Boston Post Rd East, Lot # Marlborough, MA 01752. Either party may at any time or from time to time designate in writing a substitute address for each ones above and thereafter notices shall be directed to that substitute address.MiscellaneousI/We acknowledge that I/we have received and read the “Initial Disclosure Statement” the “Important Notice Required by Law’ and a copy of the current “Community Rules” at least 72 hours prior to signing this agreement. This Lease may be canceled by either party with a 60 Day written notice Mailed and delivered to the other party and a payment of three months of the current rent to the other party. , TenantDate , Tenant DateDavid J. Winske, President/LandlordDatePost Road Mobile Home Park& Sales, Inc.Various parts of this Lease have been amended from time to time provisions herein have been created and amended on 5/01/07, 03/11, 10/14/03, 10/03, 3/7/13, 7/30/14 ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download