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POST ROAD MOBILE HOME PARK & SALES, INC.181 Boston Post Road East, Suite 2, Marlborough, MA 01752-3526Telephone (508) 485-0644Fax (508) 485-9787INITIAL DISCLOSURE AND LEASE OFFERAS REQUIRED BY 940 CMR FROM THE OFFICE OF THE ATTORNEY GENERALThis disclosure and lease offer made by Post Road Mobile Home Park & Sales, Inc., is as follows:Names and Addresses of Owner and Operator:Post Road Mobile Home Park & Sales, Inc.181 Boston Post Road East, Marlborough, MA 01752 Operated by:Post Road Mobile Home Park & Sales, Inc.181 Boston Post Road East, Marlborough, MA 01752 Principal Beneficial Owner/President:David J. Winske, President181 Boston Post Road Suite # 2 Marlborough Ma 01752Common Areas& FacilitiesThe Common Areas available for use of all tenants and residents are the paved roadways, and for residents only, the dumpsters.The size and location of Manufactured Home Site, Lot is approximately ± square feet, more or less with a front width of approximately ± feet; rear width of approximately ± feet; rear length of left lot line of approximately ± feet; and length of right lot line of approximately ± feet.Known material adverse conditions or defects:INTENTIONALLY OMITTEDThe owner/operator believes that the provision of 940 C.M.R. 10.03 (2)(n) are vague. The regulation sates that we may not require a resident to pay for removal or replacement of oil storage tanks on a home site to meet environmental concerns or risks not caused by the negligence of the resident, provide that the owner/operator may recover such costs as capital improvements in accordance with 940 C.M.R. 10.03 (2)(1). At our request, many tenants have replaced oil tanks that were more than fifteen (15) years old at their own expense. A dispute has arisenas to whether or not we have violated the provisions of 940 C.M.R. 10.03 (2) (n) by making such request. If we are required to reimburse tenants for the cost of replacement of their old tanks, we intend to recover the costs as capital munity RulesYour signing of this document confirms your receipt of Community Rules and Regulations, which have been modeled from the Attorney General’s Model Rules for Manufactured Housing Community Living.Term of OccupancyWhether you or a new tenant or extending your Lease, we herein offer you a rental agreement of five years duration. This rental agreement is subject to the terms and conditions set forth in the Five-Year Lease of Manufactured Home Site document a copy of which has been provided to you. If you do not wish to sign a Five Year Lease of Manufactured Home site, we also offer the One-Year Lease of Manufactured Home Site, a copy of which is provided to you herewith. If you do not wish to sign a Five Year Lease of Manufactured Home Site or a One Year Lease of manufactured Home Site, we request that you sign the Tenancy at Will Occupancy Agreement for manufactured Home Site, a copy of which is also provided herewith. We request that all tenants sign the Five-Year Lease of Manufactured Home Site, the One-Year Lease of Manufactured Home Site or the Tenancy at Will OccupancyAgreement for the Manufactured Home site. You should consult your attorney before deciding on the type of tenancy agreement you will agree to sign.Lot Rental TermsThe monthly rental fee for lot is $775.00 which is due and payable on the first of each month. This lot rental fee consists of a monthly rent paid to us in the amount of $769.00 and a $6.00 City fee which we are required to remit to the City of Marlborough.A late charge of 1.5% will be assessed on rent over 30 days late.A charge of $25.00 will be added to all checks returned for insufficient funds.If more than 2 checks are returned for insufficient funds, only money orders or bank issued checks will be accepted in the future.Please make all checks payable to Post Road Mobile Home Park and Sales, Inc. and either mailed to us at 181 Boston Post Road East, Suite 2, Marlborough, MA 01752-3256 or deposited in the mail slot at the park office.If you select a Five-Year lease of Manufactured Home site, we will adjust your rent on or about January 1st of every year in order to account for changes in our operating costs. In addition, your rent will be adjusted pursuant to the terms and conditions set forth in the section of your lease entitled “Basic Rent”. We may also make automaticnon-discriminatoryrent adjustments, for such items as increase in real estate taxes, increases in water and sewer rates or contracted rubbish removal costs and capital improvements. We must notify you 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. These rent adjustments are more specifically described in our Five Year Lease of Manufactured Home site.If you select a One-Year Lease of Manufactured Home site, we may also make automatic non-discriminatory rent adjustments, for such items as increases in real estate taxes, increases in water and sewer rates or contracted rubbish removal costs and capital improvements. We must notify you 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,. These rent adjustments are more specifically described in our One Year lease of Manufactured Home Site.You are not permitted to park more than two (2) personal motor vehicles on your manufactured home site unless we give you written permission to do so. In the event we give you written consent to park more than two (2) personal motor vehicles at your manufactured home site, you will agree to pay us an additional thirty-five and 00/100 ($35.00) dollars per month as additional rent.If you elect a Tenancy at Will Occupancy Agreement for Manufactured Home site, we may increase your rent at any time, provided that we give you notice of such an increase at least thirty (30) days or one full rental period, if it is longer, in advance of the effective date of such an increase. Rental increase for tenants at will shall be non-discriminatory.Rent increases in order to pay for capital improvement shall be amortized over the life of each such improvement.You are required to pay for your own electricity, propane gas, oil, and any other separately metered utility.To the best of our knowledge, all fuel oil tanks servicing your Manufactured Home were purchased by you at the time you acquired your Manufactured Home or at some time thereafter. If you are negligent in the care or maintenance of your fuel oil tank, you may be responsible for any damage resulting from your negligence. The community owner/operator has requested clarification of the provisions of 940C.M.R. 10.03 (2) (n) from the Attorney General of Massachusetts. Until such time as clarification is obtained from the Attorney General or a Court of competent Jurisdiction,the community owner/operator will not undertake the removal or replacement of oil storage tanks unless such removal or replacement is done with your consent and you agree that any replacement oil tank installed at the expense of the community owner/operator shall become the property of the community owner/operator, until such time as clarification of the aforementioned regulation determines otherwise.The community owner/operator does not do home maintenance work. Any maintenance to be performed on a tenant’s home to bring the home into compliance with park rules is contracted out. Tenant will be notified of the specific charges in advance of the work being started.Other fees and ChargesYou will be charged an additional fee if we agree to provide a service for removal of anything other than normal household trash. This means that you will pay an additional fee if we agree to provide a service for removal of furniture, hazardous materials, etc. We are not required to provide such service.Vehicles that are leaking or dripping gas or oil must be promptly repaired. If resident fails to take corrective action after properly being notified, resident may be liable for costs related to the repair of the driveway or roadway.Unregistered vehicles and any vehicle parked in violation of any enforceable rule are not permitted and a towing fee may be charged after reasonable notice is given to the vehicle owner and the appropriate local authorities.If tenant elects to hire the owner/operator to perform a service, charges for that service will be based on an agreed upon fee by both parties.If you elect to replace your manufactured home with a new manufactured home, we will charge you for any costs incurred by us in connection with such replacement. If a tenant removes any improvements from the home site during the tenancy or at the completion of the tenancy causing damage to the site, tenant shall be responsible for the repair.Homeowners, if they want, may contract with the community owner/operator to broker their home for sale. A separate written agreement for this purpose is available and the commission for sales from this office is 10%.If you fail to maintain the exterior of your home or your lot, we will provide you with a written notice of the work which must be done and you are allowed ten days after receipt of such notice to complete the work referenced in said notice. If you fail to perform the requested work, we are permitted to cause such work to be performed at your expense provided that we gave you advance notice of the cost of such work at the time we served you the written notice of the work to be done by you.Tenants may be charged for work contracted out by management, if after failure of the tenant to maintain the exterior of home or lot and after providing the tenant with notice of specifying the work to be performed and a reasonable time frame allowed, tenant does not do the repairs. Charges will be fair and reasonable.If you intentionally or negligently damage the community utility systems common areas or lots or homes of other residents, you may be responsible for any costs that we incur in order to repair the damage caused by you.The owner/manager recommends that heat tapes on water pipes be tested by tenant each year at the end of the summer to ensure that they are connected, on, and working properly. The tapes protect against water freezing in the pipes under the home, running water through the pipes to prevent pipes from freezing is ineffective. Tenants are responsible for replacement of failed heat tapes. If pipes freeze and need to be repaired or replaced, and/or other damage remedied, the owner/manager may seek reimbursement for cots imposed by the tenant’s negligence in maintaining the heat tape as described in this section.940 CMR 10:00 Regulations: You are hereby informed that the Attorney General has promulgated regulations with an enforcement date of September 23, 1996 relating to the conduct of manufactured housing communities. A copy of these regulations is available for resident inspection in our office along with the Community Rules.All residents are required to sign a receipt acknowledging they have received and read both the Community Rules and Written Disclosure at least 72 hours prior to the signing of any occupancy agreement or the commencement of any new occupancy, whichever comes first or given by Post Road Mobile Home Park & Sales, Inc.TENANT’S ACKNOWLEDGMENT OF RECEIPT OF IMPORTANT DOCUMENTSI (we), the undersigned tenant or prospective resident, herein acknowledge I (we) have received the Statutory Notice required under M.G.L. c 140 ss 32P. Community Rules and Written Disclosures provided by Post Road Mobile Home Park & Sales, Inc., together with copies of the Five-Year Lease of Manufactured Home Site document, the One-Year Lease of manufactured Home Site document and the Tenancy at Will Occupancy Agreement for Manufactured Home site. I (we) further acknowledge that I (we) have been advised of my (our) right to have all documents reviewed by an attorney prior to execution of any occupancy agreement.Tenant or Prospective ResidentDateTenant or Prospective ResidentDateDavid J. Winske, PresidentPost Road Mobile Home Park & Sales, Inc.Various parts of this disclosure were amended from time to time provisions herein have been created and amended on 10/05, 7/24/08,5/2003, 10/14/2003 and 12/1/10. ................
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