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10 GIFFORD COURT - BUILDING INSPECTION -10 " � l 4 � T ♦ `` Lxtog JIc-�2 6rMoIJIAAJS$ 2 WA-5(4fAl(.ThK MA 014ys- 032 yy 7378 �),o .$. OS. p y _ y7 1,5 � w� / 'i" O / q3-'Z 1 y� 5020 (q 10) 7yy /bio �o r .-Ooovrl- F r, C � ---------------------- n3 S4-44, l�e e 30 A-M 1 1 is 1 n. �� Oe / `� G� ,� �Je`�h 1� �p . �b G°�-Ucd Cf � ��, � y ��� lC� � � CITY OF SALEM . PURCHASING DEPARTMENT T 120 Washington Street SALEM, MASSACHUSETTS 01970 TEL (978) 745-9595 FAX (978) 745-7461 SALES TAX EXEMPTION #E-046-001-413 CITY OF SALEM, MASSACHUSETTS ?I PUBLIC PROPERTY DEPARTMENT a. 120 WASHINGTON STREET, 3RD FLOOR �C�MIN6♦1 SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 10 GIFFORD COURT September 28, 2005 Toni Fournier �® Unit 2 10 Gifford Court Salem, MA 01970 Dear MS. Fournier; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: 780 CMR, State Building Code, Section 1010.2, states that the required number of exits from a dwelling unit is 2. 780 CMR, State Building Code, Section 1006.2.1, states that any required means of egress cannot be through a locked or potentially locked area. Required means of egress must be maintained at all times and supercedes all other codes. Said violations must begin to be corrected, repaired, and/or brought into compliance within 2 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 386. Sincerely, /sscp�hE. Barbeau, J . Assistant Building Inspector CC: file, Mayor's Office, Health, Fire Prevention, Councilor Sosnowski D .X CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 9' 120 WASHINGTON STREET, 3RD FLOOR ��MIIV6� SALEM, MASSACHUSETTS 01970 STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 October 5, 2005 Toni Lynn Fournier Unit#2 10 Gifford Court Salem, MA 01970 Dear Ms. Fournier; In response to your inquiry regarding the Certificates of Occupancy for your building, a thorough investigation of our files turns up scant information concerning this property. There were no Certificates of Occupancy issued for this structure, nor were any Building Permits, or Plumbing Permits issued for this Condominium project. There is no street file, therefore there have been no actions taken against this property, nor casualty claims made against it. The card for this property contains minimal information, showing the first permit issued on 12/4/87 # 1276 to rebuild the porches on the side of the structure, also listed is a permit issued on 1/11/00# 954-00 to re-roof. This lack of information within our files can only be attributed to a complete disregard of the legal building process by the developers of this condominium project. A recent inspection of Unit# 1 reveals fairly recent Kitchen and Bath work, a lack of adequate Smoke Alarms, and an illegal Egress situation. At this time no inspections of Unit# 2 have been done so it is only speculation as to the existence of those same conditions within that unit. It is unfortunate that you find yourself in the position of having, by virtue of ownership, inherited this situation. Had the proper permitting procedure been followed the egress situation you currently are addressing would not have been allowed. This Office cannot be held accountable for work that was done outside the law, without permits and without inspection. Once again I am sorry for the unfortunate situation that has resulted from this illegal construction, and will continue to work with you towards the correction of these deficiencies. If you have any questions please call the office at 978- 745-9595 ext. 386. Sincerely, fbeJau,oseph E. Jr. Assistant Building Inspector CC: file, Mayor's Office, Councilor Sosnowski Salem Historical Commission 120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970 (978)745-9595 EXT.311 FAX(978)740-0404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving Reconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act(M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 10 Gifford Ct_ #7 Name of Record Owner: Toni Fournier Description of Work Proposed: Repair/replace porch decking to replicate existing. No changes in color, material, design or outward appearance. Non-applicable due to being in kind maintenance. Dated: August 17, 2005 SALEM TO ALC MMISSION By: The homeowner has the option not to commence the work (unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. 0 v Salem Historical Commission 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 (978)745-9595 EXT.311 FAX (978) 740-0404 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction )d Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other work as described below will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property- 10 CTifford C ourt#2 Name of Record Owner: Toni Fournier Description of Work Proposed: Replacement of all existing window sashes with wood, double-hung, 6-over-6, .single-glazed, true divided lite window sashes with clear glass. Existing exterior window casing and sills and paint color of window sash to remain unchanged. PLEASE NOTE: In conjunction with single-glazed windows, the applicant has the option to install exterior and/or interior storm windows in order to meet State energy code requirements. Installation of storm windows is not regulated by the Historical Commission. Exterior storm color shall match the trim color of the house. Dated: October 12, 2004 SALEM HISTORICAL COMMISSION By: The homeowner has the option not to commence the work (unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals) prior to commencing work. - DATE OF PERMIT PERMHIST ER DISTRICT PROPER ATION 1126-0561 .. 12/4/87 I 1276 Charles Brophy IO .G4ff6rd Court R-2 STRUCTURE MATERIAL DIMENSIONS No.OF STORIES FAMILIESWARD COST DWELLING WOOD 2 lNo.OF 2 12 $1,500. BUILDER Owner 12/4/87 111276 Rebuilding existing porch on side of dwelling 1st. &2nd. floor est . cost $1 ,500. fee $20.00 1/11/00 11954-00 REROOF. HISTORIC COMMISSION APPROVAL. est. 2,000.00 fee 20.00 T.J.S. I r Salem Historical Commission 120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970 (978) 745-9595 EXT. 311 FAX (978) 740-0404 CERTIFICATE OF HARDSHIP It is hereby certified that the Salem Historical Commission had determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction >< Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below has been approved under a finding of Hardship,as per the requirements set forth in the Historic District's Act(M.G.L. Ch. 40C)and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 10 Gifford Court Name of Record Owner: Maureen Jacobv&Toni Fournier Description of Work Proposed: Replace existing front entry door with.simple double doors to replicate 97-97 %Essex Street(without the transom lights). Doors to be 6 panel 32"wood doors. All painted to match existing. The Commission nrade the finding that due to the building code requirements for secondary egress, an interior solution was not possible and that all exterior alternatives have been thoroughly explored with only this solution remaining and that the Hardship was not created by the current owners. Reason for Issuance of Certificate of Hardship: ❑The application affects only the building or structure on which work is to be done and not the historic district in general. ❑The application is approved because it does not cause substantial detriment to the public welfare. ❑ The application is approved because it does not cause departure from the intent and purposes of the amended Historic District Act. Dated: 03/16/06 SALEM�IiISTORICAL COMMISSION By: The homeowner has the option not to commence the work (unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings(or any other necessary permits or approvals)prior to commencing work. Salem Historical Commission ONE SALEM GREEN,SALEM, MASSACHUSETTS 01970 - (978)745-9595 EXT.311 FAX(978)740-0404 CERTIFICATE OF APPROPRIATENESS It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction ><f�Alteration ❑ Demolition '�/ Painting ❑ Signage ❑ Other work as described below will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic District's Act(M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 10 Gifford Ct. Name of Record Owner: Victor Simonians Description of Work Proposed: Paint entire house in Dense Forest. Brick over top and risers of front steps with railing to be preserved and repainted. Dated: March 16, 2000 SALEM HISTORICAL COMMISSION B /2 / The homeowner has the option not to commence the work(unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals)prior to commencing work. n/f MARI ALIX 66' eq 12,048 S.F.a)n/f DEAN & HEIDI n/f ROBIN O'NEIL WALLINGFORD r 3 STORY W000 NO. 10 61.86' zzzzzz OVER .6' n/f ELIZABETH & JOEL GIFFORD COURT 2.3 WHITE ZONING DISTRICT — R2 RESIDENTIAL 2 FAMILY THE DWELLING ON THIS PLAN IS LOCATED ON PLOT PLAN IN SALEM, MA THE G OUND AS SHOWN. DENNIS fMCMANUS, P.L.S. N OF Mqs� 10 GIFFORD COURT CONDOMINIUM DENNIS qty ' m DATE.• 1/03/06 SCALE: 1" = 20' 1 ✓08. NO. 05084 4 LANDMARK `qH $10 OQ ENGINEERING RINC. 58J CHESTNUTSTREET 0 SUH LYNN, MA 01904 (781) 592-7016 CrTY OF SALEM BUILDING DEPARTMENT CITY HALL ANNEX FAX COVER SHEET DA TE: qu i 1 FROM: ATTN: SUBJECT: COMMENTS: - BjSY� LjrjC,o' �*LLrCL THANK YOU, WE ARE TRANSMITTING THIS COVER SHEET AND PAGES. IF YOU HAVE ANY PROBLEMS OR QUESTIONS PLEASE CONTACT US AT THE ABOVE TELEPHONE NUMBER. e � Salem Historical Commission 120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970 (978)745-9595 EXT. 311 FAX(978)740-0404 CERTIFICATE OF NON-APPLICABILITY It is hereby certified that the Salem Historical Commission has determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction ❑ Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below does not involve an exterior architectural feature or involves a feature covered by the exemptions or limitations set forth in the Historic District's Act (M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntir Address of Property: t o Gifford Court Name of Record Owner: Maureen Jacoby(IJnit 1), Toni Fournier(Unit 2) Description of Work Proposed: Construction of secondary egress in rear per drawing dated 6/21/06. Non-applicable due to being essentially non-visible from the public way. This certificate replaces the Certificate of Hardship dated 3/16/06 (which was rescinded by the Commission on 6/21/06 at the request of the owners). Dated: June 29, 2006 SALEM HISTORICAL /CIO/MMMISSION By: i;w� Ocx ?2 The homeowner has the option not to commence the work(unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings (or any other necessary permits or approvals)prior to commencing work. \\\���pnwllu/piq � JI �Vc�ETTS PIO OW 7 � F Z ' Im i G �"Iti L � N $ O 2-Ivy ®. mz s M kir �i l - JL ® o IF 9/f ed 0330 00.0e 96 L00L/CZ/60 f fY 0YYW4�� 'a'?.As;N�E'�y, 12:5d 9Wl �8 YBaaBtZ aZ m 2 u'_.4.•✓ �' !�", .-�,j'�t,.l..� �- � Al Ij 047 a r ,* —._ ... ... _ ar r _ Tt - 'J- � �t --___ . __ ._.-- - -- __ -..._ _.__ .. ._ __. _,_..__ n.✓TGv fir a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL NbwoR 120\XMAS]IINGTON STRL'E1 * $N.Ebl,bL\SSACI NSETPS 07970 Ter,:978-745-9595 4 FAX:978-740-9846 January 28, 2009 Ms. Toni Fournier Ms. Maureen Jacobi 10 Gifford Court Salem, Ma. 01970 � RE: Building Code Violation at 10 Gifford Court Dear Ms. Fournier and Jacoby, Yesterday I filed a complaint at Salem District Court summoning you both to a hearing in front of a magistrate. This hearing will take place on February 23, 2009 at 11:30 AM. You will be officially informed of hearing by the court; this letter is to make you aware of my reasons for doing so. My reason for filing the complaint is compel the both of you to deal with the fact that serious Building Code violations exist at your building and have existed since 2005. Having read the documents in the file and having discussed your case with the Historical Commission staff and Building Commissioner, I find that resolution of this issue is unlikely unless you are compelled by the court. The facts, as I see them, are as follows: • Unit 1 has no second means of egress • There is no fire separation between Unit 2 and Common area • The two unit Building at 10 Gifford Court is in violation; this is not just a case of one unit without a second egress. • The responsibility to correct the violations falls to both of you as members of the condo Association. • There is an approved Building Permit and decision by the Historic Commission that, if acted upon, would correct the violations. • Your responsibilities to correct the violations are independent of resolution of any pending lawsuit against the developer. ' CITY OF SALEM PUBLIC PROPERTY r DEPARTMENT KIMBERLEY DAISCOLL MAYOR 120'&,\s]LNG 1 ON STRIi.6:T♦ SALEM,NIASSACHUSHT-rs 01970 Tn.:978-745-9595 ♦FAX:978-740-9846 My goal is to leave the magistrate's hearing with a firm agreement and schedule for bringing your building into compliance. If you disagree with my code interpretation you are entitled to appeal my decision to the Board of Building regulations and Standards in Boston Sincerely, u � U.v Thomas E McGrath AIA Assistant Building Inspector Fil , Fire Prevention, Councilor Sosnowski, Mayor's office mwraowEs 02 ,P . $000.420 . --- �- '- - - � - : . • 0003391867 APR 08 2009 _,. - - • MAILED FROM ZIP CODE 01887 wl �_i-��ti,-�_��:_•� fll,,,,,,lll,1„1,,,iti,,,,;N„I,I,,,t;li,,,l.t,L,l,l„1„LI —.. � , I' .. i ". 1 F .� S- 1� -. c + 1{ April 8, 2009 Tom St. Pierre City of Salem Building Inspector Washington Street Salem, MA 01970 Dear Tom, Attached are copies of the quote from Tanzella Construction and a copy of the letter I gave to Maureen on Monday agreeing to pay half of the cost$4,175.00. Maureen and I have agreed Tanzella is the vendor we will use. As of last night she hadn't agreed to the offer,she is asking for me to share the cost of privacy lattice, but I have declined to pay for upgrades or esthetic changes to the basic structure. The deck will be only assessable from unit#1 and for her exclusive use,so I am happy for her to upgrade it as she likes, but I think it is reasonable that the upgrades will be at her cost. I have offered to share the costs of the structure and doorway into her unit. n To 10 Gifford Court Unit#2 Salem MA01970 April 6, 2009 Maureen Jacoby 10 Gifford Court, Unit#1 Salem, MA 01970 Dear Maureen, Based on our earlier discussions, and in lieu of there being no active suit against Victor Simonians to recover damages for the work needed to Unit#1 to satisfy Salem City Building Code,and to avoid further action of criminal charges currently put forward by the City, I agree to pay$4,125, toward the cost of constructing the egress for your unit, 10 Gifford Court Unit#1. This represents 501YO of the quoted cost from Tanzella Construction,the mutually agreed vendor for the project.This payment is for the structure and doorway for unit#1. Please accept this as my payment in full,the deck will be of value and use to only Unit#1, and will be added as exclusive to your unit in the revised Condominium Documents. I do not agree to pay any additional monies toward additional construction, esthetic improvements, ongoing maintenance or repair costs for the project. Sincerely, Toni Fournier 10 Gifford Court, Unit#1 Salem, MA 01970 cc: Tom St. Pierre Cimail - Fwd: Ueck proposal - toni.tournier@gmail.com Page 1 of 1 Gmail Calendar 9 neon Pnolos Reaaer `deb coal mni.foumrer I.eom I Senin 5 1�/'�—�/.� .1 - -. - �9mai 9 -ser rersPn BeIV Sign out G 1 ' I A I�rr Semc Matl J Iger Cmposo Ma'I "+•V �� Inom(561 SYnIM1e!icStore matters-wvnv Synlnenc5lunelncpard-Soup Finisn,SColl Avxilabkq/1'Ne;gnt olStore,buy Oiletl3'aave Shap. +Back fol O ArcNve i .1.1. elm NvreNewer 2 of 583 Clear` Chats Sent Mail Omits 94) Fwd:Deck proposal `^°°` a plan Urdow All Mrul mm 19 t10 me —^ no'a• eo lg(4 days a,.) Rex p'ut sal Sym Pas) o s�dazmn.ne 1 / � n \ - ( pal epansarm Links -ash C �j.N 111 Design.8 Cut Ala bl icon can'.. Feb 19,200911:55:21 AM,mikeaiepa±58®Yahm cord wrale: CNC Snape CMmg Madrines'Jse Your PC.Free Call Awl Char 1H Maureen. Cal- MetalMagi ean.cam Sem.,son w;aam Here is abb atW vemon 0f ne pucle,song farlech pmb@mc I Think i SMdW may Stamlpss Cable Railing !ragUim 36'mi!gs on a be 9'high Tn6 pries presumes that we are gba,ID he Mrtea Foryour beQ,paYa,Stain,etc. Toni Foamier ID la,p amber metal the ground Mr sopor¢work.If it thaws than we could macre Far y... 9m status here IISNr price able M not have ID rend a jackhammer.I'd also Milk to them about the v ldini einless.com lila piedunoma logical pening of 3o'.lys to fical to or an approval an an outswing dear wm as I meMonM.We may not M aril¢Ica drop the data down 6'[is I mentioned M we Ipe.Decking Day Header have Maine A up waft let Other tattle of NeoderEM.lt'.than.1 we maid Wall a man lwfover er riNA Nal chd YS Joe Helou landual more Stormed).Good luck on tens. Baal DeG N Lasts of Years No Wazhing or De.Staid Required Johanna vulpard 1.)Consirvd eX 3O' —wsmvanla,Lumbercam Laud Chapman pressure(reetM deck Ica be pMCM on a 8'%0'deep mncreM raring.. Mi.eel Daitm I2x8 Disposal totaled M61 orjo55pawd 19'on comae Atta.ed to house usinga Dark Cast Earrande4Free Emimates From PmddAmnM Neil Blair Chume, 2%8 Pi eager paper fgw M am Ug board to house every 16'with gaNcul)'lags posia lial Dark Builders Neer You. Rapid IN Supp.are 5 OX4 Ffpts, M1omeblueraidenudemiol-mids Richard!Hams AlumiOum flailing Richard Harris 6.11 dark 2irq to be W0 around Mlire 1dMSt rwi d 4X4 posts bolted N M name Alummum railing,lend,and Gars C'i Foe¢Limp¢ IMar,W.RaJirps and ballisrrs m M PT ane diff rs numng is 31? Low Ford,Cobalt.Fast Delivery Decking to to rossup ed beard 1'dhJt by 6'wide deck ooa1M Marked in every 16'. duara61ngcom ldbeas Deck Railing_:.able foul Install lattice on top of Ne 36.offing fo undem for prNecy. Arthiledural Railings 8 Hardware Euitb^ac Sell snore Mor surface with soak call deo srin. SS or.,Nmberard,and rill,. -aw.laxperced,ound Imr. Mend )Cul out a Mar opening In rouse and RYmg a 36'exl¢Mr Steel door 16m out exterior Ceck RaikSamoan, M boom, MaimmaMe Free AWmanum Balusters 33Remove..me from entry door and Rame Of and s antral modem,and paint Cook,Rai Made Easy 8 Affordable to mad.''f mar is aYairGa. C Ceckrdirdo.tl cans NEW;Sprih,'Bo,Fastener F 8MMMtime for Mnm Mon:12-14 days. The Revolutionary Stair ark Railing lateral by Rod Loa Fastening Treat m[lding labor ark all marna6 including steel dM,�`e5o• AsiwspM,-a`ILpard 5650dep oat when we apply for permtl More about... WOOD,due on Material Meer,(mnslmtlln mad date)ZOOO ]les, Ceck rYailing¢ 53,000 due when deck is complete Dark ISdue when dmfs are installed am building iassima r signs off an project. DO,%arl Design^ Ipermil tees nm imdMed. Front parch e �Agave premed k L` on prl e Woo of Wilding inpa¢dm am firs depadment About des¢ltKns As would also need l rdk Reck Ifdm*is legal hem be rear Samoa colt Any elegrkal and plumblg fees not induced if we con bra anything opening up door. You YJ obtain your own or we have Ir MW SUDS par toll at S75 00/hour. aegnce-�j coo $ 30OTar na'pitrce Add Sees far man.,..,them, would be under John Tamers CmnsWdlq f used Mass bound, auk you,please and me with any quesllans_ Mlk¢All¢n 'rr3''-''���' �. V .Reply __ _ ea,k3p 1 n r archive a p wed Dara. 1 v va m ! tae H 'More wamne ,Newer z or sea old., Use Col Caste,to access your Grand m o.ages even had you're Sol You are currently using 193 MB 12%)of your 7298 MB. _ '..—"..rnuesapoan Niacvrvm:n.D—li; Gmall mem sam rA I @mon And I!`=K=ML Leam mcre cone Govple-lylmq-EM.Sppol.-GmxlElog 1vlld,CdpuLUmr-Go.Saur.— http://mail.google.com/mail/?shva=l#inbox/I 1f8f8f`7b2dda86c 2/22/2009 Certificate No: 557-08 Building Permit No.: 557-08 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at ---------- Dwelling Type - 0010 GIFFORDCOURT in the CITY OF SALEM ---------------------- -- - - ----------- ---------------- - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR(UNIT # 1) a This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires ___-_...__.___._.__................. unless sooner suspended or revoked. Expiration Date -------- ___------- _________„ __ Issued On:Mon Jun 15, 2009 -- -------------------- y - GeoTMS®2009 Des lauriers Municipal Solutions,Inc. ---- -------------------------"-"-----'""-"--------------------- ��.Co11tDtT�' M VSGYE AO CITY OF SALEM BUILDING PERMIT Certificate No: 557-08 Building Permit No.: 557-08 Commonwealth of Massachusetts City of Salem B^" Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at - -- - - - -- ------------- ----- Dwelling Type 0010 GIFFORD COURT in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR(UNIT #2) This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires - unless sooner suspended or revoked. Expiration Date - Issued On:Mon Jun 15, 2009 - C.- - ; GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. ---- � k-( -�ONDIT .� lie YSpYE AO CITY OF SALEM BUILDING PERMIT \ I� April 23, 2009 V � i m� 41) 1 Maureen Jacoby L C 10 Gifford Court, Unit #1 Salem, MA 01970 Dear Maureen, Based on our earlier discussions, and in lieu of there being no active suit against Victor Simonians to recover damages for the work needed to your unit, Unit #1 (10 Gifford Court, Salem MA) to satisfy Salem City Building Code, and to avoid further action of criminal charges currently put forward by the City, I agree to pay $4,125, toward the cost of constructing the egress for your unit, 10 Gifford Court Unit #1. This represents 507o of the quoted cost from Tanzella Construction, the mutually agreed vendor for the project. This payment is for the deck structure and doorway creating a back entrance for unit fl. Please accept this as my payment in full, the deck will be of value and use to only Unit #1, and will be added as exclusive to your unit in the revised Condominium Documents. I do not agree to pay any additional monies toward additional construction, esthetic improvements, ongoing maintenance or repair costs for the project. Date Signed Maureen Jacoby Property Owner Unit # 1, 10 Gifford Court Salem, MA 01970 Date Signed Toni Fournier Property Owner Unit #2, 10 Gifford Court Salem MA 01970 To: Toni Fournier 10 Gifford Court#2 Salem,MA 01970 From: Maureen Jacoby 10 Gifford Court#1 Salem,MA.01970 Date: May 5, 2009 Dear Toni, I am in receipt of your check for$4,125 towards the cost of building the deck which will give Unit#1 a second legal egress,which will create separation of the two units which did not exist before,which will create fire separation between Unit#2 and Common area,and therefore make our building up to code and legal. By rights we should have put our monies into the Ten Gifford Court Trust account since the complaint was against the Ten Gifford Court Trust and not Unit 1 alone. Hopefully Tanzella Construction's estimate will be accurate: however,if there are any unforeseen electrical,plumbing,or structural problems that increase it,I would hope you will honor our mandate by the Building Inspector and the magistrate to pay 50% of any further costs. I would also like to note that when the condominium documents and floor plans are redone,that Unit#2 will acquire the front entryway and staircase,as they will be of value and use to only Unit#2 and therefore no longer common property. Sincerely Maureen Jacoby cc: Tom St. Pierre 1 b 7 B TO: Tom St. Pierre RECEIVED APR 2 0 1009 0 FROM: Maureen Jacoby . 2 LL RE: 10 Gifford Court Trust t DATE: April 21, 2009 Hello Tom, I am enclosing the last email correspondence from Toni Fournier, dated April 12, 2009, telling me her lawyer was going to put something in writing about her agreed upon contribution towards payment for the wrap-around deck. I have not heard a thing from Toni, neither a statement nor a check, since then. And I am now at a loss as to how to proceed, since we have a court date set for May 13, 2009. 1 want it to be known for your record that I have been all set to pay Tanzella Corporation of Beverly for my 50% of the cost, but, as of now, have received no communication from Toni. Sincerely, 171�d�tta`. Maureen A. Jacoby 1 Page 1 of 2 VWIM Print Subject Re: Deck Payment From: Toni Fournier<toni.fournier@gmail.com> Sent: Apr 12,2009 09:22:32 PM To: moro135Qverizon.net I just got back,I will ask Dave to put something in writing. Toni On Fri, Apr 10, 2009 at 12:04 PM, <morol35@verizon.net>wrote: Hi Toni, As I told you yesterday;I am in agreement with your offer of$4;175, and will certainly agree_to that in writing if your lawyer wants. I saw Tom St. Pierre yesterday and he informed me that you called him yesterday morning, telling him you had given me the check. I would like to follow up with him on how we resolved this. I will be leaving tomorrow afternoon for Springfield for a few days. Can I hear from you before then? Thanks,Maureen Apr 8, 2009 06:11:25 PM, toni.foumier@gmaii.com wrote: Maureen completely regret having to write this email,but I had a meeting this afternoon with my lawyer(copied here). They are newly aware of the 10 Gifford Court nightmare, I engaged them after John refused to let me onto the suit against Victor. which we both now know is a mute point. However, during the meeting today I told them that I had put forward the 50%in a check to you, and they very strongly advised that unless you agreed to the amount then there is no binding agreement-which would just leave me out $4,175, if you chose to cash the check and not do the work. I do not think you would take e money and spend it otherwise -but at their suggestion I have stopped payment on the check. When we spoke last night it seemed that you indeed were not in agreement with my offer. That said, my offer stands, and will pay $4,175 which is 50% (this is less the value of the lattice which is not structurally necessary for the egress) completely understand and have no issue with you adding lattice, however I have deducted this from my payment, and left it your choice to add or not to add. I will write another check when we've mutually agreed or signed something confirming the arrangement. absolutely don't want to nor intend to drag this out, ideally we will have the project done by the next court date May 13. Let me know how you want to proceed. http://netmail.verizon.net/webmail/driver?nimlet=deggetemail&fn=INBOX&page=2&deg... 4/20/2009 r 6 Ms Maureen A.Jacobs •�"- i°y ,,; � "'""'�""'�, 10 Gifford Salem. MA 0 S1970 �_i a p # <°.s .,<a _" oilAll m R 01 970 - - - --- III!HIHIlbb=iMilh11HILL i„ hij11b bdibmIX � �r / � � L_ � �, 1 "'a t' ,. . , �- - - _ � ,� ' `I i ii (i2i �i��i �ii �;�1 �fi ii i � iii � i i { iiI � __ ....� TO: Tom St.Pierre FROM: Maureen Jacoby RE: Ten Gifford Court April 10,2009 Hello Tom, I am enclosing the last email correspondence I had with Toni Fournier regarding the fact that, at her lawyer's recommendation, she stopped payment on the check she gave me. I have agreed to the amount of the check,and to put that in writing. I am now waiting to hear back from her so that we can move forward. Just wanted you to know this. Sincerely lm"tfi-,—CC�e� Maureen Jacoby / 1 Page 1 of 1 verrm Print Subject Fwd: Deck Payment From: <moro135@verizon.net> Sent: Apr 10,200912:04:17 PM To: toni.fournier@gmail.com Hi Toni, As I told you yesterday,I am in agreement with your offer of$4,175, and will certainly agree to that in writing if your lawyer wants. I saw Tom St. Pierre yesterday and he informed me that you called him yesterday morning, telling him you had given me the check. I would like to follow up with him on how we resolved this. I will be leaving tomorrow afternoon for Springfield for a few days. Can I hear from you before then? Thanks,Maureen Apr 8, 2009 06:11:25 PM, toni.foumier@gmail.com wrote: Maureen completely regret having to write this email,but I had a meeting this afternoon with my lawyer(copied here). They are newly aware of the 10 Gifford Court nightmare, I engaged em after John refused to let me onto the suit against Victor. which we both now know is a mute point. However, during the meeting today I told them that I had put forward the 500/a in a check to you, and they very strongly advised that unless you agreed to the amount en there is no binding agreement--which would just leave me out$4,175, if you chose to cash the check and not do the work. I do not think you would take the money and spend it otherwise-but at their suggestion I have stopped payment on the check. ' When we spoke last night it seemed that you indeed were not in agreement with my offer. That said, my offer stands, and will pay $4,175 which is 50%(this is less the value of the lattice which is not structurally necessary for the egress) completely understand and have no issue with you adding lattice, however I have deducted this from my payment, and left it your choice to add or not to add. I will write another check when we've mutually agreed or signed something confirming the arrangement. absolutely don't want to nor intend to drag this out, ideally we will have the project done y the next court date May 13.Let me know how you want to proceed. Toni http://netmail.verizon.net/webmail/driver?nimlet=deggetemail&fn=SentMail&page=l&de... 4/10/2009 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS MEANS OF EGRESS Floor arca Note a. Buildings equipped throughout with = ^. Oocupancy square feet per automaue spnnkler system in accordance with 780 CMR occupant 906.2.1 or 906.2.2. psrlmig:gsrages Note b. 1 inch=25.4 mm. Rmdmuat,; ,r '300gmss Storage areas.mechanical equipment 300 gross 1009.3 Exit design per floor: Where exits serve tea+ more than one floor,only the occupant load of each Note a. 1 foot=304.8 mm; 1 square foot=0.093 in: floor considered individually shall be used in 1008.1.5 Maximum occupant load: The computing the required capacity of the exits at that occupant load of any space or portion thereof floor, provided that the exit capacity shall not shall not exceed one occupant per three square decrease in the direction of means of egress travel. feet(0.28 m)of occupiable floor space. 1009.4 Egress convergence: Where means of 1008.1.6 Fixed seats: The occupant load for an egress from floors above and below converge at an assembly or educational area having fixed seats intermediate floor, the capacity of the means of shall be determined by the number of fixed seats egress from the point of convergence shall not be installed. The capacity of fixed seats without less than the sum of the two. dividing arms shall equal one person per I8 inches(457 mm). For booths, the capacity shall 780 CMR 1010.0 NUMBER OF E7i1'Is be one person per 24 inches(610 mm). 1010.1 General: The general requirements of 780 CMR 1010.0 apply to buildings of all use 1008.2 Mezzanine levels: The occupant load of a groups. Where more restrictive requirements are mezzanine level discharging through a floor below provided in 780 CMR, such requirements shall take shall be added to that floor's occupant load,and the precedence over the general provisions of 780 CMR capacity of the exits shall be designed for the total 1010.0. occupant load thus established. 10083 Roofs: Roof areas occupied as roof gardens 10101 Minimum number: ;Every floor area shall or for assembly, educational, be provided with the minimum number of approved nal, storage or other independent exits as required by Table 1010.2 based " purposes, shall be provided with exit Facilities to on the occupant load, except as modified in �.. accommodate the required occupant load,but there 780 CMR 1010.3. shall not be less than two approved means of egress Exception: In buildings with,occupancies in Use from roof areas of Use Groups A and E. Group R having multistory dwelling units, the 780 CMR 1009.0 CAPACITY OF EGRESS means of egress from a dwelling unit to the required exits is permitted to be provided from COhEPONENTS one level only. Within the dwelling unit access to 1009.1 General: The capacity of means of egress the means ofegress from the unit shall conform to for a floor, balcony, tier or other occupied space the applicable provisions of 780 CMR 10. shall be sufficient for the occupant load thereof. Table 1010.2 1009.2 Minimum width: The width of each means MINIMUM NUMBER OF EXITS FOR ofegres component shall not be less than the width OCCUPANT LOAD computed in accordance with Table 1009.2 for the Ooanpant load Minimum autabc of exits required capacity of the component,but not less than y 500 or less 2 the minimum width as prescribed by 780 CMR for 501-1.000 3 each such component. over 1000 4 Table 1009.2 EGRESS WIDTH PER OCCUPANT 10103 Buildings with one exit. Only one exit shall be required in: Without sprinkler with sprinkler I. Occupancies in the use syslm(iadv per sl'strm p groups shown of Table person) (gip-p—P 1010.3, provided that the building has not more ,'�sf�ee 5 Use group Doors Doors than one level below the level of exit discharge. Stairways ramp ramps and Stairways ramps and G/'ie I corridors omdors A.B.I-F.M. RS 0.3 02 0.2 0.15 H 0.7 0.4 0.3 0.2 i lss' 6OA�'r. . 02 i� 020:3W � 0 7 :";0.3., ,0'.2 t 2/7/97 (Effective 2/28/97) 780 CMR-Sixth Edition 177 PLAN MASTER DEED 05/19/00 1.16 Inst 199 3; 8K 16350 PG 570 OF 10 GIFFORD COURT CONDOMINIUM I, VICTOR SIMONIANS, being the owner of the real estate situated at 10 Gifford Court, Salem, Essex County, Massachusetts, hereinafter described, by duly executing and recording this Master Deed do hereby submit said premises to the provisions of Chapter 183A of the General Laws of the Commonwealth of Massachusetts and proposes to create, and do hereby create with respect to said premises, a condominium to be governed by and subject to the provisions of said Chapter 183A. I. NAME OF THE CONDOMINIUM AND THE ASSOCIATION THROUGH WHICH IT SHALL BE MANAGED The name of the condominium shall be the 10 GIFFORD COURT CONDOMINIUM. A trust through which the Unit Owners will manage and regulate the condominium has been established under the name Of 10 Gifford Court Condominium Trust, under a Declaration of Trust to be recorded herewith. The Trust shall constitute the organization of Unit Owners. 2. DESCRIPTION OF LAND The land in Salem, Massachusetts, on 10 Gifford Court, more particularly bounded and described on Schedule A attached hereto and incorporated herein by reference as if set forth in its entirety. 3. DESCRIPTION OF BUILDING 2K 16350 PG 571 The building on the property described in paragraph 2 hereof is a three story, wood frame building, consisting of three full floors, and having two units being designated as Unit 1 and Unit 2. The unit descriptions and particulars are as follows: Unit Floor Approximate Unit Immediate Designation Location Rooms Square Footage Percentage Common Area 1 1't 3 582 33-1/3 Hallways, stairs, basement, deck 2 2id,3rd 6 1,264 66-2/3 Hallways, stairs, basement, deck 4. UNIT OWNERS INTEREST IN COMMON AREAS AND FACILITIES The undivided interest appertaining to the respective units . and the common areas and facilities, determined by the fair market value of each of the units as of the date of the execution of this Master Deed, are as follows: (a) Unit 1 - 33-1/3 (b) Unit 2 - 66-2/3 Each unit shall be bounded as to both horizontal and vertical boundaries as shown on the Architect's Plans, subject to encroachments as are contained in the building whether the same exist now or are created by construction, settlement or movement of the building, or permissible repairs, reconstruction or alterations. Said boundaries are intended to be as follows: (a) Horizontal Boundaries: 2 8K 16350 PG 572 (i) the interior surface of the ceiling above and abutting the unit; (ii) the interior surface of the floor below and abutting the unit; (b) vertical Boundaries: (i) between units: the interior surface of the wall between units; (ii) exterior boundaries: the interior surface of the wall in which windows are located; (iii) between unit and hallways: the interior surface of the wall. 5. COMMON AREAS AND FACILITIES The common areas and facilities of the condominium consist of: (a) The land described in paragraph 2 above. (b) The foundations, structural columns, girders, beams, supports, exterior and all bearing walls, roofs, and entrances and exits of the building and common walls within the building. (c) The front and rear platforms and steps serving all units. (d) Installation of services such as power, lights, gas, hot and cold water, heating, air conditioning, and waste disposal including all equipment attached thereto but excluding equipment contained wholly within and serving exclusively a single unit. (e) The basement. (f) Areas shown on the plan referred to herein as 3 M exclusive use of a certain unit shall be for the 15lse7 of that unit, except in the case of an emergency. (g) All other items listed as such in Section One of Chapter 183A of the General Laws of Massachusetts not specifically referred to herein. The common elements shall be subject to the provisions of the 10 Gifford Court Condominium Trust and the rules and regulations promulgated pursuant thereto. The owners association shall be responsible for maintaining both the common areas and the limited common areas. 6. PIPES, WIRES, FLUES, DUCTS, CABLES, CONDUITS, PUBLIC LINES AND OTHER COMMON ELEMENTS LOCATED INSIDE OF UNITS: TRUSTEES RIGHT OF ACCESS Each unit owner shall have an easement in common with the owners of all other units to use all pipes, wires, ducts, flues, cables, conduits, public utility lines, and other common elements located in any of the other units or elsewhere in the condominium and serving his unit. Each unit shall be subject to an easement in favor of the owners of all other units to use the pipes, wires, ducts, flues, cables, conduits, public utility lines, and other common elements located in such unit and serving other units. The trustees and their authorized agents and employees shall have a right of access (at reasonable times and upon reasonable notice except in emergencies) to each unit to inspect the same, to remove violations therefrom and to 4 8K 16350 PG 574 maintain, repair and replace the common elements contained therein or elsewhere in the building. 7. FLOOR PLAN Simultaneously with the recording hereof there is recorded with the Essex South District Registry of Deeds a floor plan of the building at 10 Gifford Court, Salem, Massachusetts, showing the lay-out, location, unit numbers and dimensions of Unit 1 and Unit 2. The plan bears the verified statement of an Architect, certifying that the plan fully and accurately depicts the lay- out, location, unit numbers, and dimensions of the units as built. 8. ENCROACHMENTS In the event that any portion of the common elements encroaches upon any unit or if any unit encroaches upon any other unit or upon any portion of the common elements as a result of (i) the construction of the building or (ii) any alteration, addition, repair or replacement or (iii) any settling or shifting of the building, an easement shall exist for such encroachment. 9. USE OF UNITS The building and each of the units are intended to be used solely for residential purposes by no more than one family nor more than two unrelated persons unless otherwise permitted by instrument in writing duly executed by the Trustees of the 10 Gifford Court Condominium Trust pursuant to the provisions of the By-Laws thereof; and: 5 SK 16350 FG 575 (a) No business activities of any nature shall be conducted in any such unit, except the business of the trust. (b) The architectural integrity of the building and the units shall be preserved without modification and to that end, without limiting the generality of the foregoing, no balcony, enclosure, awning, antenna, banner or other device and except for combination store window, no exterior change, addition, structure, projection, decoration or other feature shall be erected or placed upon or attached to any such unit or any part thereof, and no painting, attaching of decalcomania or other decoration shall be done on any exterior part or surface of any unit nor on the interior surface of any window, but this subparagraph (b) shall not restrict the right of unit owners to decorate the interiors of their units as they may desire; (c) No unit shall be used or maintained in a manner contrary to or inconsistent with the By-Laws of the 10 Gifford Court Condominium Trust and regulations which may be adopted pursuant thereto. Said restrictions shall be for the benefit of the owners of all of the units and the Trustees of the 10 Gifford Court Condominium Trust and to that end may be extended at such time or times and in such manner as permitted or required by law for the continued enforceability thereof. No unit owner shall be liable for any breach of the provisions of this paragraph except such as occur during his or her ownership thereof. 10. AMENDMENT OF MASTER DEED 6 BK 16350 PB 576 Except as otherwise may be provided by law, this Master Deed may be amended only by an instrument in writing (a) signed by the owners of units entitled to seventy-five per cent (75%) or more of the undivided interests in the common areas and facilities, and (b) signed and acknowledged by a majority of the Trustees of the 10 Gifford Court Condominium Trust and (c) to be duly recorded with the Essex South District Registry of Deeds, where the deed to these premises is recorded, PROVIDED, HOWEVER, that: A. The date on which any such instrument is first signed by a unit owner shall be indicated thereon as the date thereof and no such instrument shall be of any force and effect unless the same has been so recorded within six (6) months after such date. B. No instrument of amendment which alters the dimensions of any unit shall be of any force or effect unless the same has been signed by the owners of the unit so altered. C. No instrument of amendment which alters the percentage of the undivided interest to which any unit is entitled in the common areas and facilities, and the rights appurtenant thereto, shall be of any force or effect unless the same has been signed by the owners of all of the units affected and said instrument is therein designated as an amendment to Master Deed as required under Chapter 183A, Section 5B. D. No instrument of amendment affecting any unit in a manner which impairs the security of a first mortgage of record thereon held by a bank or insurance company or a purchase money BK 16350 PG 577 second mortgage held by the Declarant or his successors or assigns shall be in any force or effect unless the same has been assented to by such holder. E. Eligible mortgage holders - those holders of a first mortgage on a unit estate who have requested the owners association to notify them on any proposed action that requires the consent of a specified percentage of eligible mortgage holders shall have the right to join the decision-making about certain amendments to the project documents. Amendments of a material nature must be agreed to by unit owners who represent at least 67% of the total allocated votes in the owners association. In addition, approval must be obtained by eligible mortgage holders who represent at least 51% of the votes of unit estates that are subject to mortgages held by eligible holders. A change to any of the following would be considered as material: (1) voting rights; (2) assessments, assessment liens, or the priority of assessment liens; (3) reserves for maintenance, repair, and replacement of common areas; (4) responsibility for maintenance and repairs; (5) reallocation of interests in the general or limited common areas, or right to their use; (6) redefinition of any unit boundaries; (7) convertibility of units into common areas or vice 8 versa; QR 16350 PG 578 (8) expansion of contraction of the project, or the addition, annexation, or withdrawal of property to or from the project; (9) insurance or fidelity bond; (10) leasing of units; (11) imposition of any restrictions on a unit owner's right to sell or transfer his or her unit; (12) a decision by the owners association to establish self-management when professional management had been required previously by the project's documents or by an eligible mortgage holder; (13) restoration or repair of the project (after a hazard damage or partial condemnation) in a manner other than that specified in the documents; (14) any action to terminate the legal status of the project after substantial destruction or condemnation occurs; or (15) any provisions that expressly benefit mortgage holders, insurers, or guarantors. When unit owners are considering termination of the legal status of the project for reasons other than substantial destruction or condemnation of the property, eligible mortgage holders that represent at least 67% of the votes of the mortgaged units must agree. There shall be an implied approval when an eligible mortgage holder fails to submit a response to any written proposal for an amendment within 30 days after it receives proper notice of the proposal, provided the notice was 9 Bhp 116350 PG 579 delivered by certified or registered mail, with a "return receipt" requested. 11. PERCENTAGE OF INTEREST The percentages of interest of the respective units in the common elements have been determined upon the basis of the approximate relation which the fair value of each unit hereof bears to the aggregate fair value of all the units on this date. 12. DESIGNATION OF TRUST ORGANIZATION The Trust through which the unit owners will manage and regulate the condominium established hereby is the 10 Gifford Court Condominium Trust dated May , 2000, to be recorded herewith. Said Trust shall constitute the membership organization through which the unit owners will manage and regulate the condominium. Each of the unit owners shall be members of the said organization. The names and addresses of the original trustees and present trustees thereof are as follows: 1. Victor Simonians, 2 Washington Street, Marblehead, MA 01945 2. Susan S. Simonians, 2 Washington Street, Marblehead, MA 01945 Said trustees have enacted By-Laws, which are set forth in said Declaration of Trust, pursuant to and in accordance with provisions of Chapter 183A, as amended, of the General Laws of Massachusetts. 13. COMPLIANCE This Master Deed is set forth to comply with the 10 8K 1+6350 RG 580 requirements of Chapter 183A. The invalidity of any provisions herein shall not be deemed to impair or affect in any manner the validity or forcibility or affect the remainder of this Master Deed and in such event all of the other provisions of this Master Deed shall continue in full force and effect. 14. DEFINITIONS All terms and expressions herein which are defined in Section 1 of Chapter 183A shall have the same meanings herein unless the context otherwise requires. 15. COMMON PARKING Subject to regulation by the Trustees of the Condominium Trust, the owners of each unit shall have the right, in common with others entitled thereto, to park one personal vehicle in the parking areas of the condominium. The Trustees in their discretion may assign and reassign parking spaces to unit owners. The Trustees may designate visitor parking areas and shall otherwise superintend orderly use of the parking areas. If the owner of a unit sb desires, the Trustees, in their discretion and for such duration not to exceed the owner's ownership of the unit as they shall determine, may assign use of an extra parking space to such unit and may make such uniform charge on behalf of the Condominium Trust for such additional spaces as they shall determine from time to time. 16. CAPTIONS The captions herein are inserted only as a matter of convenience and for reference and in no way define, limit or 11 GK 16350 FG 5$1 describe the scope of this Master Deed or the intent of any provisions hereof. EXECUTED AND SEALED this �� day of May, 2000. Victor 5 monians COMMONWEALTH OF MASSACHUSETTS ESSEX, SS, May ( , 2000 Then personally appeared the above-named Victor Simonians and acknowledged the foregoing instrument to be his free act and deed, before me. I Notary Public My Commission Expires:// '�a�m � 12 BK 16350 PG 582 SCHEDULE A The land in said Salem, with the buildings thereon, situated at 10 Gifford Court, bounded and described as follows: SOUTHEASTERLY by Gifford Court, sometimes erroneously referred to as Giffords Court, sixty-two (62) feet; NORTHEASTERLY by land now or late of Grimes, about thirty-two (32) feet; NORTHWESTERLY by land now or late of Nolan, about sixty-six (66) feet; SOUTHWESTERLY by land now or late of Winslow, about thirty-two (32) feet. For title see deed dated November 19, 1999, recorded with Essex South District Registry of Deeds in Book 16060, Page 276. 13 ` ✓ This DECLARATION OF TRUST made this / day of May, 2000, at Salem, Essex County and Commonwealth of Massachusetts by Victor Simonians and Susan S. Simonians (hereinafter called the Trustees which term and any pronoun referring thereto shall be deemed to include their successors in trust hereunder and to mean the Trustee or Trustees for the time being hereunder whenever the context so requires or permits) . 05/19/00 IIS16 Inst 200 ARTICLE I BK 16350 PG 583 Name of Trust The trust hereby created shall be known as 10 GIFFORD COURT CONDOMINIUM TRUST and under that name so far as legal, convenient and practicable shall all business carried on by the Trustees be conducted and shall all instruments in writing by the Trustees be executed. ARTICLE II The Trust and Its Purpose Section 2. 1 . All the rights and powers in and with respect to the common areas and facilities of the 10 Gifford Court Condominium established by a Master Deed of even date and recorded herewith which are by virtue of provisions of Chapter 183A as amended by the Massachusetts General Laws conferred upon or exercisable by the organization of unit owners of said condominium and all property, real and personal, tangible and intangible, conveyed to or held by the Trustees hereunder shall 1 BIS I6350 PG 584 This DECLARATION OF TRUST made this / Q day of May, 2000, at Salem, Essex County and Commonwealth of Massachusetts by Victor Simonians and Susan S. Simonians (hereinafter called the Trustees which term and any pronoun referring thereto shall be deemed to include their successors in trust hereunder and to mean the Trustee or Trustees for the time being hereunder whenever the context so requires or permits) . ARTICLE I Name of Trust The trust hereby created shall be known as 10 GIFFORD COURT CONDOMINIUM TRUST and under that name so far as legal, convenient and practicable shall all business carried on by the Trustees be conducted and shall all instruments in writing by the Trustees be executed. ARTICLE II The Trust and Its Purpose Section 2. 1. All the rights and powers in and with respect to the common areas and facilities of the 10 Gifford Court Condominium established by a Master Deed of even date and recorded herewith which are by virtue of provisions of Chapter 183A as amended by the Massachusetts General Laws conferred upon or exercisable by the organization of unit owners of said condominium and all property, real and personal, tangible and intangible, conveyed to or held by the Trustees hereunder shall 1 i BIS 16350 FG 585 vest in the Trustees as joint tenants with right of survivorship as Trustees of this trust to exercise, manage, administer and dispose of the same and to receive the income thereof for the benefit of the owners of record from time to time of the units of the Condominium (hereinafter called Unit owners) according to the schedule of undivided beneficial interest in the common areas and facilities (hereinafter referred to as the "Beneficial Interests) " set forth in Article I hereof, and in the Master Deed, and in accordance with the provisions of said Chapter 183A. This Trust is the organization of unit owners established pursuant to the provisions of Section 10 of said Chapter 183A for the purposes therein set forth. Section 2.2. It is hereby expressly declared that a trust and not a partnership has been created; and, that the Unit Owners are beneficiaries and not partners, or associates; nor are they in any way related between themselves with respect to the trust property; nor do they hold any relation to the I Trustees other than of beneficiaries with only such rights as are conferred upon them as beneficiaries hereunder and under and pursuant to the provisions of said Chapter 183A of the General Laws. ARTICLE III The Trustees Section 3. 1. The Trustees shall be two in number. Each unit shall appoint one trustee. Upon the sale or transfer of 2 BIS 16350 PG 586 any unit, the resignation of the trustee representing said unit shall automatically be in effect, simultaneous with the sale or transfer of the unit, and the new trustee shall be appointed by the unit owner within seven (7) days. If a trustee representing any unit shall resign, die, become incompetent, or in the event of a vacancy shall otherwise be created so that the number of trustees shall become less than three, then, in such event, the unit holder for whom the trustee was acting shall have the right to appoint a new trustee. The trustees may act with or without a meeting. No trustee shall be required to give bond, security or surety in any form. If and whenever the number of trustees shall become less than two, a vacancy or vacancies in said office shall be deemed to exist. Each such vacancy shall be filled as indicated above. The appointment of a person to act as such trustee becomes effective when: 1. Signed by the unit holder appointing the trustee; and, 2. The acceptance of such appointment signed and acknowledged by the person so appointed. Both the appointment and the acceptance shall be recorded with the Essex South District Registry of Deeds before the same becomes effective. Such person shall then be and become such trustee and shall be vested with the title to the trust property jointly with the remaining or surviving trustees without the necessity of any act or transfer or conveyance. If for any reason any vacancy in the office of trustees shall continue for more than sixty (60) days and shall at the end of that time remain unfilled, a trustee or 3 8K 16350 RG 587 trustees to fill such vacancy or vacancies may be appointed by any court of competent jurisdiction upon the application of any unit owner or trustee and notice to all unit owners and trustees and to such other, if any, parties interested, to whom the courts may direct that notice be given. The foregoing provisions of this section to the contrary notwithstanding, despite any vacancy in the office of trustee, however caused, and for whatever duration, the remaining and surviving trustees, subject to the provisions of the immediately following section, shall continue to exercise and discharge all of the powers, discretions, and duties hereby conferred or imposed on the trustees. The developer or sponsor shall transfer control of a condominium project's owners' association to the unit owners no later than the earlier of (a) four months after 75% of the units in the project have been conveyed to unit purchasers; or (b) three years after the first unit estate in a single- phase project is conveyed. The developer (or sponsor) of a condominium project shall retain the rights to maintain facilities for marketing unit estates and to have easements over the common areas so that improvements can be completed or repaired. It may also retain voting rights for any units that have not been sold by the time control of the project is transferred to the owners' association. However, the developer (or a related party) shall 4 BK 16350 PG 588 not retain an ownership interest in, or have any other rights to, any of the facilities or common areas related to the project. The amenities and facilities, including parking and recreational facilities, shall be owned by the owners' association and shall be subject to a lease between the unit owners (or the owners, association) and another party. Section 3.2. In any matters relating to the administration of the Trust hereunder in the exercise of the powers hereby conferred, the Trustees shall act by majority vote at any duly called meeting at which a quorum is present as provided in section 5.8 of Article V; provided, however, that in no event shall a majority consist of less than two Trustees hereunder; and, further, provided, however, that in the event that the number of trustees hereunder shall become less than two, the remaining trustee shall, in his sole capacity, constitute a majority as provided in section 5.8 of Article V. The Trustees may also act without a meeting by instrument signed by a majority of their number. In the event the Trustees are unable to agree on any matter relating to the administration of the trust, each matter or dispute shall forthwith be resolved by each trustee appointing an arbitrator. Should the three arbitrators fail to agree within fourteen (19) days, a fourth arbitrator shall be appointed by the American Arbitration Association, at which time a hearing by the four arbitrators shall be held within ten (10) days of the appointment of the fourth arbitrator by the American 5 BK 16350 P6 588 Arbitration Association. A decision of the three arbitrators, if only three are acting, or a majority if four are acting, shall be binding and conclusive upon the parties. Whenever any matter is referred to arbitration, the rights of the parties hereunder shall be subject to the provisions of the General Laws of the Commonwealth of Massachusetts, Chapter 251, as far as applicable. Section 3.3. Any Trustee may resign at any time by instrument in writing, signed and acknowledged in the manner required in Massachusetts for the acknowledgment of deeds and such resignation shall take effect upon the recording of such instrument with said registry of deeds. A trustee may be removed from office with or without cause by an instrument in writing signed by the unit owner appointing said trustee. The removal or appointment of trustees shall take effect when the instrument is recorded with the Essex South District Registry of Deeds. Upon resignation or removal, the unit owner shall have the right to appoint a new trustee as hereinbefore provided. Section 3.4. No Trustee named or appointed as hereinbefore provided, whether as original Trustee or as successor to or as substitute for another, shall be obligated to give any bond or surety or other security for the performance of any of his or her duties hereunder provided, however, that unit owners holding not less than 518 of the Beneficial Interests may at any time require that any one or more- of the Trustees shall give bond in such amount and with such sureties as shall be 6 BK 16358 PG 590 specified by said unit owners. All expenses incident to any such bond shall be charged as a common expense to the condominium. Section 3.5. With the approval of the unit owners holding more than 518 of the Beneficial Interests, each Trustee shall receive reasonable remuneration for his or her services and also additional reasonable remuneration for extraordinary or unusual services, legal or otherwise, rendered by a Trustee in connection with the Trusts hereof, all as shall be from time to time fixed and determined by the Trustees, and such remuneration shall be common expense of the condominium. Section 3. 6. No Trustee named or appointed as hereinbefore provided shall under any circumstances or in any event be held liable or accountable out of his personal assets or be deprived of compensation by reason of any action taken, suffered, or omitted in good faith or be so liable or accountable for more money or other property than he or she actually receives or for allowing one or more of the other Trustees to have possession of the Trust books or property or be so liable, accountable, or deprived by reason of honest errors of judgment or mistakes of fact or law of by reason of the existence of any personal or adverse interest or by reason of anything except his or her own personal and willful malfeasance and defaults. Section 3.7. No Trustee shall be disqualified by his or her office from contracting or dealing with the Trustees or with one or more Unit Owners (whether directly or indirectly because of 7 BIS 16350 PB 591 his or her interest individually or the Trustees' interest or any Unit Owner's interest in any corporation, firm, trust, or other organization connected with such contracting or dealing or because of any other reason) as vendor, purchaser, or otherwise, nor shall any such dealing, contract, or arrangement entered into with respect to this Trust in which any Trustee shall be in any way interested be voided nor shall any Trustee so dealing or contracting or being so interested be liable to account for any profit realized by any such dealing, contract or arrangement by reason of such Trustee's holding office or of the fiduciary relation hereby established provided the Trustee shall act in good faith and shall disclose the nature of his interest before the dealing, contract, or arrangement is entered into. Section 3.8. The Trustees and each of them shall be entitled to indemnity, both out of the Trust property and by the Unit Owners against any liability incurred by them or any of them in the execution hereof, including, without limiting the generality of the foregoing, liabilities in contract and in torts and liabilities for damages, penalties and fines . Each Unit Owner shall be personally liable for all sums lawfully assessed for his or her share of the common expenses of the Condominium and for his or her proportionate share of any claims involving the Trust property in excess thereof, all as provided in sections 6 and 13 of said Chapter 183A. Nothing in this paragraph contained shall be deemed, however, to limit in any respect the powers granted to the Trustees in this instrument. 8 ARTICLE IV BK 16350 PG 592 Beneficiaries and the Beneficial Interests in the Trust Section 4.1. The beneficiaries shall be the Unit Owners of the 10 Gifford Court Condominium. The Beneficial Interest in the Trust hereunder shall be divided among the Unit Owners in the percentages of undivided Beneficial Interest appertaining to the Units of the condominium as follows: Unit 1 - 33-1/3% Unit 2 - 66-2/3% Section 4.2. The Beneficial Interest of each unit of the Condominium shall be held and exercised as a unit and shall not be divided among several owners of any such unit. To that end, whenever any of said Units is owned of record by more than one person, the several owners of such Unit shall: (a) Determine and designate which one of such owners shall be authorized and entitled to cast votes, execute instruments, and otherwise exercise the rights appertaining to such Unit thereunder; and (b) Notify the Trustees of such designation by a notice in writing signed by all the record owners of such Unit. Any such designation shall take effect upon receipt by the Trustees and may be changed at any time and from time to time by notice as aforesaid. In the absence of any such notice or designation the Trustees may designate any one such owner for such purposes. ARTICLE V 9 By-Laws QIP 16350 PG 593 The provisions of this Article V shall constitute the By- Laws of this Trust and the organization of Unit Owners established hereby, to wit: Section 5. 1. The Trustees shall, subject to and in accordance with all applicable provisions of said Chapter 183A, have the absolute control, management and disposition of the Trust property (which term as herein used shall insofar as applicable be deemed to include the common areas and facilities of the Condominium) as if they were the absolute owners thereof, free from the control of the Unit Owners and without, by the following enumeration, limiting the generality of the foregoing, or of any item in the enumeration with full power and uncontrolled discretion, subject only to the limitations and conditions herein and in the provisions of said Chapter 183A at any time and from time to time and without the necessity of applying to any court or to the Unit owners for leave so to do: (a) To retain the Trust Property, or any part or parts thereof, in the same form or forms of investment in which received or acquired by them so far and so long as they shall think fit, without liability for any loss resulting therefrom; (b) To sell, assign, convey, transfer, exchange, and otherwise deal with or dispose of, the Trust property, or any part or parts thereof, free and discharged of any and all trusts, at public or private sale, to any person, or persons, for cash or on credit, and in such manner, on such restrictions, 10 BK 16350 PG 594 stipulations, agreements and reservations as they shall deem proper, including the power to take back mortgages to secure the whole or any part of the purchase price of any of the Trust property sold or transferred by instrument in connection with the foregoing; (c) To purchase or otherwise acquire title to and to rent, lease or hire from others for terms which may extend beyond the termination of this Trust any property or rights to property, real or personal, and to own, manage, use, and hold such property and such rights; (d) To borrow or in any other manner raise such sum or sums of money or other property as they shall deem advisable in any manner and on any terms, and to evidence the same by notes, . bonds, securities or other evidences of indebtedness, which may mature at a time or times, even beyond the possible duration of this Trust, and to execute and deliver any mortgage, pledge or other instrument to secure any such borrowing; (e) To enter into any arrangement for the use or occupation of the Trust Property, or any part or parts thereof, including, without limiting the generality of the foregoing, leases, subleases, easements, licenses or concessions, upon such terms and conditions and with such stipulations and agreements as they shall deem desirable, even if the same extend beyond the possible duration of this Trust; (f) To invest and reinvest the Trust property, or any part or parts thereof and from time to time and as often as they 11 GK 16350 PG 595 shall see fit to change investments, including power to invest in all types of securities and other property, of whatever nature and however denominated, all to such extent as to them shall seem property, and without liability for loss, even though such property or such investments shall be of a character or in an amount not customarily considered proper for the investment of trust funds or which does or may not produce income; (g) To incur such liabilities, obligations and expenses, and to pay from the principal or the income of the Trust property in their hands all such sums as they shall deem necessary or proper for the furtherance of the purposes of the Trust; (h) To determine as to all sums of money and other things of value received by them, whether and to what extent the same shall be charged against principal or against income, including, without hereby limiting the generality of the foregoing, power to apportion any receipt or expense between principal and income, and power to determine what portion, if any, of the actual income received upon any asset purchased or acquired at a premium or any wasting investment shall be added to principal to prevent a diminution thereof upon the maturity or exhaustion of such asset or investment; (i) To vote in such manner as they shall think fit any or all shares in any corporation or trust which shall be held as trust property, and for the purpose to give proxies, to any 12 I BK 16350 PG 596 person or persons or to one or more of their number, to vote, waive any notice or otherwise act in respect of any such shares; (j) To guarantee performance of the obligations of others in any cases where they shall deem that it is to the advantage of this Trust that they give such guaranty; (k) To maintain such offices and other places of business as they shall deem necessary or proper and to engage in business in Massachusetts or elsewhere; (1) To employ, appoint and remove such agents, managers, officers, board of managers, brokers, employees, servants, assistants and counsel (which counsel may be a firm of which one or more of the Trustees are members) as they shall deem proper for the purchase, sale or management of the Trust property, or any part or parts thereof, or for conducting the business of the Trust, and to define their respective duties and fix and pay their compensation, and the Trustees shall not be answerable for the acts and defaults of any such person. The Trustees may delegate to any such agent, manager, officer, board, broker, employee, servant, assistant or counsel, any or all of their powers (including discretionary powers, except that the power to join in amending, altering, adding to, terminating or changing this Declaration of Trust and the Trust hereby created shall not be delegated) all for such times and purposes as they shall deem proper. Without hereby limiting the generality of the foregoing, the Trustees may designate from their number a Chairman, a Treasurer, a Secretary, and such other officers as 13 BK 16350 PG 597 they deem fit, and may from time to time designate one or more of their own number to be the Managing Trustee of the Trust property and the business of the Trust, or any part or parts thereof; and (m) Generally, in all matters not herein otherwise specified, to control, manage, and dispose of the Trust property as if the Trustees were the absolute owners thereof and to do any and all acts, including the execution of any instruments, which by their performance thereof shall be shown to be in their judgment for the best interest of the Unit Owners. Section 5.2. Maintenance and Repair of Units and "Exclusive Easement" Areas. The Unit Owners shall be responsible for the proper maintenance and repair of their respective Units. The owners, association shall be responsible for maintaining both the common areas and the limited common areas. If the Trustees shall at any time in their reasonable judgment determine that the interior of a Unit is in such need of maintenance or repair that the market value of one or more other Units is being adversely affected or that the condition of a Unit or any fixtures; furnishings, facility, or equipment therein is hazardous to any Unit or the occupants thereof, the Trustees shall in writing request the Unit Owner to perform the needed maintenance, repair, or replacement or to correct the hazardous condition and in case such work shall not have been commenced within fifteen days (or such reasonable shorter period in case of emergency as the Trustees shall determine) of such 14 eK 16350 rG 599 request and thereafter diligently brought to completion, the Trustees shall be entitled to have the work performed for the account of such Unit Owner whose Unit is in need of work and to enter upon and have access to such Unit for that purpose and the reasonably necessary cost of such work shall constitute a lien upon the Unit and the Unit owner thereof shall be personally liable therefor. Section 5.3. Maintenance, Repair, and Replacement of Common Areas and Facilities and Assessment of Common Expenses Thereof. The Trustees shall be responsible for arranging for the proper maintenance, repair, and replacement of the common areas and facilities of the Condominium and such may be done through a Managing Agent as hereinafter provided and any two Trustees or their managing Agent or any others who may be so designated by the Trustees may approve payment of vouchers for such work and the expenses of such maintenance, repair, and replacement shall be assessed to the Unit Owners as common expenses of the Condominium at such times and in such amounts as provided in Section 5.4. The owners, association shall have a reasonable right of entry on any unit estate to perform emergency repairs or to do other work reasonably necessary for the proper maintenance of the project. In addition, the association shall have the right to grant permits, licenses, and easements over the common areas for utilities, roads, and other purposes necessary for the proper operation of the project. Section 5.4 . Common Expenses, Profits, and Funds. 15 9K i�3S�D PG 599 (a) The Unit Owners shall be liable for common expenses and be entitled to common profits of the Condominium in proportion to their respective Beneficial Interest as determined in Article IV hereof. The Trustees may at any time or times distribute common profits among the Unit Owners in such proportions. Common expenses shall include an adequate reserve fund for maintenance, repairs, and replacement of those common elements that must be replaced on a periodic basis, and shall be payable in regular installments rather than by special assessments. The owners association shall establish and maintain an adequate reserve fund for the replacement of improvements to the common areas and those limited common areas that it is obligated to maintain. The fund shall be maintained out of regular assessments for common expenses. To insure that the owners, association will have the funds to meet unforeseen expenditures or to purchase any additional equipment or services, the developer or sponsor shall establish a working capital fund at least equal to two months' estimated common charges for each unit. any amounts paid into this fund should not be considered as advance payments of regular assessments. Each unit's share of the working capital fund shall be collected at the time the sale of the unit is closed or when control of the project is transferred to the owners' association, whichever is earlier. When control of the project is transferred, the working capital fund shall be transferred to the owners, association for deposit to a segregated fund. while the 16 BK 16 350 PG 600 developer is in control of the owners, association, it cannot use any of the working capital funds to defray its expenses, reserve contributions, or construction costs or to make up any budget deficits. When unsold units are sold, the developer or sponsor may use funds collected at closing to reimburse itself for funds it paid the owners, association for each unsold unit's share of the working capital fund. In addition, the Trustees may to such extent as they deem advisable set aside common funds of the Condominium reserve fund for reduction of indebtedness or other lawful capital purpose. The funds shall not be deemed to be common profits available for distribution. (b) At least 30 days prior to the commencement of each fiscal year of this Trust, the Trustees shall estimate the common expenses expected to be incurred during such fiscal year, together with a reasonable provision for contingencies and reserves and after taking into account any undistributed common profits from prior years shall determine the assessments to be made for such fiscal year. The Trustees shall promptly render statements to the Unit Owners for their respective shares of such assessment according to their percentages of Beneficial Interest and such statements shall, unless otherwise provided therein, be due and payable within 30 days after the same are rendered. In the event that the Trustees shall determine during any fiscal year that the assessment so made is less than the common expenses actually incurred or in the reasonable opinion of the Trustees likely to be incurred, the Trustees shall make a 17 BIS 16350 FG Ga 1 supplemental assessment or assessments and render statements therefor in the manner aforesaid and such statements shall be payable and take effect as aforesaid. The Trustees may, in their discretion, provide for payments of statements in monthly or other installments. The amount of each such statement, together with interest thereon if not paid when due, at a rate equal to one percent per month on the unpaid balance from the time such payment was due, and all expenses including without limitation attorney's fees paid or incurred in any proceeding brought to collect such unpaid common expenses, shall constitute a lien upon the Unit of the Unit Owner assessed pursuant to the provisions of Section 6 of Chapter 183A. (c) Notwithstanding the foregoing, any first mortgagee who obtains title to a condominium unit pursuant to the remedies provided in the mortgage or foreclosure of the mortgage will not be liable for a unit's unpaid dues or charges which accrue prior to the acquisition of title to such unit by the mortgagee. (d) Any lien for delinquent common expense assessments or other charges that the owners association has on a unit will be subordinate to a first mortgage on the unit, if the mortgage was recorded before the delinquent assessment was due. A lien for a icommon expense assessment is not affected by the sale or transfer of the unit estate unless a foreclosure of a first I mortgage is involved. The foreclosure will extinguish the lien for any assessments that were payable before the foreclosure ' 18 BK 16350 PG 602 sale, but will not relieve any subsequent unit owner from paying further assessments. (e) The Trustees shall extend common funds only for common expenses and lawful purposes permitted hereby and by provisions of said Chapter 183A. Section 5.5. Rebuilding and Restoration, Improvements. (a) In the event of any casualty loss to the trust property, the Trustees shall forthwith submit to all Unit Owners: (1) a form of agreement (which may be in several counterparts) by the Unit Owners authorizing the Trustees to proceed with the necessary repair, rebuilding, or restoration; and (2) a copy of the provisions of Section 17 of Chapter 183A and the Trustees shall thereafter proceed in accordance with and take such further action as they may, in their discretion, deem advisable in order to implement the provisions of paragraph b of said Section 17. (b) If and whenever the Trustees shall propose to make any improvements to the common areas and facilities of the Condominium or shall be requested in writing by Unit owners holding 35% or more of the Beneficial Interest to make such improvement, the Trustees shall submit to all Unit Owners: (1) a form of agreement (which may be in several counterparts) specifying the improvement or improvements 19 BK 16350 PG 603 proposed to be made and the estimated cost thereof and authorizing the Trustees to proceed to make the same; and (2) a copy of the provisions of Section 18 of said Chapter 183A. If Unit Owners holding 50$ or more but less than 758 of the Beneficial interest agree to make the improvement or improvements specified in such agreement, the Trustees shall proceed to make the improvement or improvements and the cost of such improvement or improvements shall be borne solely by the Unit Owners so agreeing. If such percentage exceeds 75% of the Beneficial Interest, the Trustees shall proceed to make the improvement or improvements and shall charge the cost of same to all the Unit Owners. Section 5. 6. The Trustees may at any time and from time to time by majority vote adopt, amend, and rescind administrative rules and regulations governing the details of the operation and use of the common areas and facilities; and, such restrictions on and requirements respecting the maintenance of the units and the use of the common areas and facilities as are consistent with provisions of the Master Deed and are designed to prevent unreasonable interference with the use by the unit owners of their unit and of the common areas and facilities. Section 5.7 . Insurance. The owners association shall maintain hazard and flood insurance, liability insurance, and fidelity bond coverage that are consistent with the specific requirements of the latest FNMA guidelines for condominiums. 20 BK 16350 PG 604 The Trustees shall obtain and maintain to the extent obtainable and permitted by applicable law, a multi-peril type insurance policy, including fire and extended coverage and all other coverage in the kinds and amounts commonly required by private institutional mortgage investors for projects similar in construction, location and use, insuring the Condominium, including, without limitation, common areas and facilities, all of the units with all fixtures, additions, alterations and improvements thereof, but not including any furniture, furnishings, household and personal property belonging to and owned by individual Unit owners, in an amount not less than one hundred percent (100%) of the insurable value thereof (based upon replacement cost) as determined by the Trustees at least annually, such insurance to name the Trustees of the 10 Gifford Court Condominium Trust as Insurance Trustees for use and benefit of all Unit owners, with loss payable to and adjusted by the Trustees as Insurance Trustees in accordance with the provisions of these By-Laws. Such policy shall contain the standard mortgagee clause commonly accepted by private institutional mortgage investors in the area in which the Condominium is located, which shall be endorsed to provide that any proceeds shall be paid to the Trustees of the 10 Gifford Court Condominium Trust for the use and benefit of mortgagees as their interests may appear. If the Condominium is located in an area identified by the Secretary of Housing and Urban Development as an area having 21 eK 16350 RG bas special flood hazards, a "blanket" policy of flood insurance on the Condominium shall be maintained in the amount of the aggregate of the outstanding principal balances of the mortgage loans on the Units comprising the Condominium or the maximum limit of coverage available under the National Flood Insurance Act of 1968, as amended, whichever is less. Policies for such casualty insurance shall provide: (i) that the insurer waive any right of subrogation against the Trust, the Trustees, their agents and employees, Unit Owners, their respective employees, agents, tenants and guests; (ii) that the insurance shall not be prejudiced by any act or neglect of any Unit Owners or occupants or any other person or firm (including employees and agents of Trustees and the 10 Gifford Court Condominium Trust when such act or neglect is not within the control of the Trustees and the Trust (or Unit Owners collectively) , or by failure of the Trustees and the Trust (or Unit owners collectively) to comply with any warranty or condition with regard to any portion of the premises over which the Trustees and the Trust (or Unit Owners collectively) have no control; (iii) that such policies may not be canceled or reduced without at least thirty (30) days' prior written notice to the Insurance Trustees, all Unit Owners, and first mortgagees of the Units; (iv) that the insurer shall not be entitled to contribution as against any insurance obtained by individual Unit Owners covering their own Units; (v) if available, that the insurer shall waive any right it may have under the policy to 22 BK 16350 PG 606 repair or restore damage should the Unit owners elect to terminate the Condominium because of such damage; (vi) that, notwithstanding any provisions thereof which give the insurer the right to elect to restore damage in lieu of making a cash settlement, such election may not be exercisable if in conflict with the terms of said Chapter 183A, the Trust, or these By- Laws; and (vii) for waivers of any defense based upon the conduct of any insured. Certificates of insurance, with proper mortgagee endorsements, when requested, shall be issued to the owners of each Unit. Each Unit Owner shall have the duty to promptly report to the Trustees any improvements made by the Unit Owner to his Unit so that the Trustees may obtain necessary additional insurance coverage as required by the By-Laws, and the Unit Owner shall pay the cost of the additional insurance, if any, resulting from said improvements. If, in the event of a casualty loss, the cost of repair and restoration of the Condominium exceeds the available insurance proceeds and such excess is the result of a lack of insurance coverage caused by the failure of a Unit Owner to notify the Trustees of improvements made by him to his Unit, as provided in the preceding sentence, the excess cost resulting from such failure shall be borne solely by the Unit owner so failing to report the same. The extent to which the cost in excess of insurance proceeds is attributable to a Unit Owner 23 16350 PG 607 failing to report improvements as aforesaid shall be determined by the Trustees. The Trustee or Trustees hereunder designated as Insurance Trustee or Trustees as aforesaid shall collect and receive all casualty loss insurance proceeds and shall hold, use, apply and disburse the same in accordance with applicable provisions of Section 5.5 of this Article V. With respect to losses which affect portions or elements covered by such insurance of a Unit, or of more than one unit to substantially the same or to different extents, the proceeds relating thereto shall be used, applied and disbursed by the Trustees in a fair and equitable manner. The Trustees shall obtain and maintain, to the extent obtainable and permitted by applicable law, a comprehensive policy of public liability insurance in such limits as the Trustees may, from time to time determine, but at least in the amount of $500,000.00 per occurrence for personal injury and/or property damage covering the Trust, each Trustee, the managing agent, the manager and each Unit Owner with respect to liability arising out of ownership, maintenance or repair of those portions of the condominium not reserved for exclusive use by the Owner or owners of a single Unit, such insurance to provide for cross claims by the co-insureds. Such insurance policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of a Unit Owner because of negligent acts of the Trustees or other Unit 24 -- BK 16350 PG GOG owners. The scope of coverage shall include all other coverage in the kinds and amounts required by private institutional mortgage investors for projects similar in construction, location and use. The Trustees shall also obtain and maintain, to the extent obtainable and permitted by applicable law, workmen's compensation and employees' liability with respect to any manager, agent or employee of the trust, but excluding any independent agent or manager, and such other risks as the Trustees in their discretion deem it appropriate to insure. All such insurance shall be in such amounts and forms as the Trustees shall in their discretion deem appropriate, and shall insofar as practicable, contain provisions as above set forth with respect to non-cancellation, waiver of subrogation, waiver of defense based on conduct of any insured, and non- contribution. The cost of all insurance obtained and maintained by the Trustees pursuant to provisions of this Section shall be a common expense. i i Section 5.8. Mortgages. Notwithstanding anything to the contrary contained herein: (a) Notice to Trustees. A Unit Owner who mortgages his Unit shall notify the Trustees of the name and address of his mortgagee; the Trustees shall maintain such information in a separate book. 25 BK 16350 PG 609 (b) Notice of unpaid Common Charges or Other Default. The Trustees, whenever so requested by the first mortgagee of a Unit, shall promptly provide to such mortgagee a written notification of any then unpaid common charges due from, or any other default by, the owner of the mortgaged Unit if any such default is not cured within sixty (60) days of notice of same to the Unit Owner. (c) Unless at least sixty-six and two-thirds percent (66 2/39) of the first mortgagees (based upon one vote for each first mortgage owned) , or owners (other than the Declarant) of Units have given their prior written approval, said Trustees of the 10 Gifford Court Condominium Trust shall not be entitled to: (1) by act or omission, seek to abandon or terminate the condominium regime; (2) change the pro rata interest or obligations of any Unit for the purpose of (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards; or (ii) determining the pro rata share of ownership of each Unit in the common areas and facilities; (3) partition or subdivide any Unit; (4) by act or omission, seek to abandon, partition, subdivide, encumber, sell, or transfer (except by lease) the common areas and facilities. The granting of easements for public utilities or for other public purposes consistent with the intended use of the common areas and facilities by the 26 BK 16350 PG 610 Condominium shall not be deemed a transfer within the meaning of this subparagraph {9) ; or (5) use hazard insurance proceeds for losses to any Condominium property (whether to Units or the common areas and facilities) for other than the repair, replacement, or reconstructions of such condominium property, except as provided by statute in case of substantial loss to the Units and/or common areas and facilities. (d) All taxes, assessments and charges which may become liens prior to a first mortgage on a Unit under local law shall relate only to the individual Units and not to the Condominium as a whole. (e) No Unit Owner, or any other party, shall have a priority over any rights of the first mortgagee of a unit pursuant to its mortgage in the case of a distribution to such Unit Owner of insurance proceeds or condemnation awards for losses to or taking of units and/or common areas and facilities. (f) The Trustees, on behalf of said 10 Gifford Court Condominium shall give written notice to the Federal Home Loan Mortgage Corporation ("FHLMC") (c/o its Servicer at Servicer's address) of any loss to, or taking of, the common areas and facilities if such loss or taking exceeds $10, 000.00, or damage to a Unit covered by a mortgage purchased in whole or in part by FHLMC exceeds $1,000.00. Section 5. 9. Meetings. 27 BK 16350 RG 611 (a) The Trustees shall meet annually on the date of the annual meeting of the Unit Owners and at such meeting may elect the Chairman, Treasurer, Secretary, and any other officers they deem expedient. other meetings may be called by any Trustee in such other manner as the Trustees may establish provided, however, that written notice of each meeting stating the place, day and hour thereof shall be given at least five days before such meeting to each Trustee. A majority of the number of Trustees then in office shall constitute a quorum at all meetings and such meetings shall be conducted in accordance with such rules as the Trustees may adopt. Any action required or permitted to be taken at any meeting of the Board may be taken without a meeting if all Trustees consent to the action in writing and the written consents are filed with the records of the Board. Such consents shall be treated for all purposes as a vote at a meeting. (b) There shall be an annual meeting of the Unit owners on the first Monday of August in each year at 8:00 o'clock P.M. at such reasonable place and time (not more than 20 days before or after said date) as may be designated by the Trustees given by written notice to the Unit Owners at least seven (7) days prior to the date so designated. Special meetings (including a meeting in lieu of a past annual meeting) of the Unit Owners may be called at any time by the Trustees and shall be called by them upon the written request of Unit owners entitled to more than 358 of the Beneficial Interest hereunder. Written notice 28 GK 16350 RG 612 of any such meeting designating the place, day, and hour thereof shall be given by the Trustees to the Unit Owners at least seven (7) days prior to the date so designated. At the annual meeting of the Unit Owners, the Trustees shall submit reports of the management and finances of the Condominium. Whenever, at any meeting, the Trustees propose to submit to the Unit Owners any matter with respect to which approval of or action by the Unit owners is necessary or appropriate, the notice of such meeting shall so state and reasonably specify such matter. Section 5.10. Notice to Unit Owner. Every notice to any Unit owner required under the provisions hereof or which may be deemed by the Trustees necessary or desirable in connection with the execution of the Trust created hereby or which may be ordered in any judicial proceeding shall be deemed sufficient and binding if a written or printed copy of such notice shall be given by one or more of the Trustees to such Unit Owner at his address as it appears on the records of the Trustees if other than at his Unit in the 10 Gifford Court Condominium or by delivering or mailing the same to such Unit if such Unit appears as the Unit Owner's address or, if no address appears, in any case at least seven (7) days prior to the date fixed for the happening of the matter, thing, or event, of which such notice is given. Section 5.11. Inspection of Books, Reports to Unit Owners. Books, accounts, and records of the Trustees shall be open to inspection to any one or more of the Trustees and the Unit 29 BIS 16350 PB 613 Owners at all reasonable times. The Trustees shall, as soon as reasonably possible after the close of each fiscal year or more often if convenient to them, submit to the Unit Owners a report of the operations of the Trustees for such year which shall include financial statements in such summary form and in only such detail as the Trustees shall deem proper. Any person who has been furnished with such report and shall have failed to object thereto by notice in writing to the Trustees given by registered mail within a period of one (1) month of the day of i the receipt by him shall be deemed to have assented thereto. II The owners association shall have current copies of the declaration, by-laws, and other rules concerning the project as well as its own books, records, and financial statements available for inspection by unit owners or by holders, insurers, and guarantors of first mortgages that are secured by units in the project. These documents should be available during normal business hours or under other reasonable circumstances. Section 5.12. Checks, Notes, Drafts and Other instruments. Checks, notes, drafts, and other instruments for the payment of money drawn or endorsed in the names of the Trustees or of the Trust may be signed by any two Trustees or by any person or persons to whom such power may at any time or from time to time be delegated by not less than a majority of the Trustees. Section 5. 13. Fiscal Year. The fiscal year of the Trust shall be the year ending with the last day of December or such 30 BK 16350 PG 614 other date as may from time to time be determined by the Trustees. ARTICLE VI Rights and obligations of Third Parties Dealing with the Trustees Section 6.1. No purchaser, mortgagee, lender, or other person dealing with the Trustees as they then appear of record in said Registry of Deeds shall be bound to ascertain or inquire further as to the persons who are then Trustees hereunder or be affected by any notice, implied or actual, otherwise than by a certificate thereof and such record or certificate shall be conclusive evidence of the personnel of said Trustees and of any changes therein. The receipts of the Trustees or any one or more of them for monies or things paid or delivered to them or him shall be effectual discharges therefrom to the persons paying or delivering the same and no person from whom the Trustees or any one or more of them shall receive any money, property, or other credit shall be required to see to the application thereof. No purchaser, mortgagee, lender, or other person dealing with the Trustees or with any real or personal property which then is or formerly was Trust property shall be bound to ascertain or inquire as to the existence or occurrence of any event or purpose in or for which a sale, mortgage, pledge, or charge is herein authorized or directed or otherwise as to the purpose or regularity of any of the acts of the 31 BK 16350 PG 615 Trustees or any one or more of them purporting to be done in pursuance of any of the provisions or powers herein contained or as to the regularity of the resignation or appointment of the new Trustee or resignation of an old Trustee purporting to be executed by the Trustees, Unit owners, or other person herein required to execute the same and recorded certificates of the foregoing shall be conclusive evidence in favor of any such purchaser or other person dealing with the Trustees of the matters therein recited relating to such discharge, resignation, or appointment or the occasion thereof. Section 6.2. No recourse shall at any time be had under or upon any note, bond, contract, order, instrument, certificate, undertaking, obligation, covenant or agreement whether oral or written made, issued or executed by the Trustees or by any agent or employee of the Trustees or by reason of anything done or omitted to be done by or on behalf of them or any of them against the Trustees individually or against any such agent or employee or against any beneficiary, either directly or indirectly by legal or equitable proceeding or by virtue of any suit or otherwise and all persons extending credit to, contracting with, or having any claim against the Trustees shall look only to the Trust property for payment under such contract or claim or for the payment of any debt, damage, judgment or decree or of any money that may otherwise become due or payable to them from the Trustees so that neither the Trustees nor the beneficiaries, present or future, shall be personally liable 32 gk 19350 RG 919 therefor provided, however, that nothing herein contained shall be deemed to limit or impair the liability of the Unit Owners under the provisions of Section 3.8 Article III hereof or under provisions of said Chapter 183A. Section 6. 3. Every note, bond, contract, order, instrument, certificate, undertaking, obligation, covenant, or agreement, whether oral or written, made, issued, or executed by the Trustees or by any agent or employee of the Trustees shall be deemed to have been entered into subject to the terms, conditions, provisions, and restrictions hereof, whether or not express reference shall have been made to this instrument. Section 6.4. This Declaration of Trust and any amendment hereto and any certificate herein required to be recorded and any other certificate or paper signed by the Trustees or any of them which it may be deemed desirable to record shall be recorded with said Registry of Deeds and such record shall be deemed conclusive evidence of the contents and effectiveness thereof according to the tenor thereof and all persons dealing in any matter whatsoever with the Trustees, the Trust property, or any beneficiary thereunder shall be held to have notice of any alteration or amendment of this Declaration of Trust or change of Trustee or Trustees when the same shall be recorded with said Registry of Deeds. Any certificate signed by two Trustees in office at the time, setting forth as facts any matters affecting the Trust, including statements as to who are the beneficiaries, as to what action has been taken by the 33 BK 16350 P6 617 beneficiaries, and as to matters determining the authority of the Trustees to do any act, when duly acknowledged and recorded with said Registry of Deeds, shall be conclusive evidence of the truth of the statements made in such certificate and of the existence of the facts therein set forth in favor of all third persons including the Trustees acting in reliance thereon. ARTICLE VII Amendments and Termination Section 7.1. The Trustees with the consent in writing of Unit owners entitled to not less than 759 of the Beneficial Interest hereunder and their mortgagees of record may, at any time and from time to time, amend, alter, add to, or change this Declaration of Trust in any manner or to any extent, the Trustees first, however, being indemnified to their reasonable satisfaction against outstanding obligations and liabilities, provided always, however, that no such amendment, alteration, addition, or change in any manner altering, modifying, or affecting the Beneficial Interest of any Unit Owner or any interest in realty appurtenant to any Unit shall be valid or effective unless consented to in writing by all of the Unit owners and also that no such amendment, alteration, addition, or change which would render this Trust contrary to or inconsistent with any requirements or provisions of said Chapter 183A shall be valid or effective. Any amendment, alteration, addition, or change pursuant to the foregoing provisions of this paragraph 34 BK 16358 M 618 shall become effective upon recording with said Registry of Deeds of an instrument of amendment, alteration, addition or change, as the case may be, signed, sealed, and acknowledged in the manner required in Massachusetts for the acknowledgment of deeds by any two Trustees, if there be at least two then in office, setting forth in full the amendment, alteration, addition or change. Such instrument so executed and recorded shall be conclusive evidence of the existence of all facts and the compliance with all prerequisites to the validity of such amendment, alteration, addition or change whether stated in such instrument or not upon all questions as to title or effect affecting the rights of third parties and for all other purposes. Section 7.2. The Trust hereby created shall terminate only upon the removal of the 10 Gifford Court Condominium from the provisions of said Chapter 183A in accordance with the procedure therefor set forth in section 19 of said Chapter. Section 7. 3. Upon the termination of this Trust, the Trustees may, subject to and in accordance with the provisions of said Chapter 183A, sell and convert into money the whole of the Trust property or any part or parts thereof and after paying or retiring all known liabilities and obligations of the Trustees shall divide the proceeds thereof among and distribute in kind at valuations made by them which shall be conclusive all other property then held by them in Trust hereunder to the Unit Owners according to their respective percentages of Beneficial 35 Bid 16350 FG +619 Interest. In making any sale under this provisions, the Trustees shall have power to sell by public auction or private contract and to buy in or rescind or vary any contract of sale and to re-sell without being answerable for loss and for said purposes to do all things including the execution and delivery of instruments as may, by their performance thereof, be shown to be in their judgment necessary or desirable in connection therewith. The powers of sale and all other powers herein given to the Trustees shall continue as to all property at any time remaining in their hands or ownership even though all times herein fixed for distribution of Trust property may have passed. ARTICLE VIII Common Expenses in Event of Unit Mortgage Foreclosure Any first mortgagee who comes into possession of a Unit pursuant to the remedies provided in its mortgage, by foreclosure of such mortgage or by deed in lieu of foreclosure shall take such Unit free of any claims for unpaid common expenses or assessments against such Unit which accrue prior to the time such mortgagee comes into possession of such Unit (except for a pro rata share of such assessments or charges resulting from a pro rata re-allocation of such assessments or charges to all Units including the Mortgaged unit) . ARTICLE IX 36 BIS 16350 RG 620 Miscellaneous The owners association, and any aggrieved unit owner, shall have the right of action against unit owners who fail to comply with the provisions of the project documents or the decisions made by the owners, association. Unit estate owners shall also have similar rights of action against the owners' association. Each unit estate owner in a condominium project will be subject to all the rights and duties assigned to owners under the project documents. When there are unsold units in the project, the developer or sponsor also enjoys these rights and assumes the duties as they relate to each individual unsold unit. The unit owner shall have an unrestricted right of ingress and egress to his or her unit. This right shall be perpetual so that it passes with the unit estate as transfers of ownership of the unit occur. ARTICLE X Construction and Interpretation In the construction hereof, whether or not so expressed, words used in the singular or in the plural respectively include both the plural and singular. Words denoting males include females, and words denoting persons denote individuals, firms, association, companies, trusts, and corporations unless a contrary intention is to be inferred from or required by the subject matter, or context. The cover title, headings of 37 L BK 16350 PG 620. 1 , subject matter or context. The cover title, headings of different parts hereof, and the marginal notes, if any, are inserted only for convenience or reference and are not to be taken to be any part hereof or to control or affect the meaning, construction, interpretation, or effect hereof. All the Trust's powers and provisions herein contained shall take effect and be construed according to the laws of the Commonwealth of Massachusetts. Unless the context otherwise indicates, words defined in said Chapter 183A shall have the same meaning herein. IN WITNESS WHEREOF, said Victor Simonians and Susan S. Simonians have hereunto set their hands and seals on the day and year hereinabove set forth. ctor S(�\f'c ns w ) nQw 1 lM1�LM1�M Susan S.` Simonians COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. May )C' 2000 Then personally appeared the above named Victor Simonians and Susan S. Simonians, and acknowledged the foregoing instrument to be their free act and eed, before me Notary Public My Commission Expires: jp.ad0/ 38 APPLICATION NO.(COURT USE ONLY) PAGE APPLICATION FOR Trial Court of Massachusetts CRIMINAL COMPLAINT of`-� District Court Department I,thekndersigned complainant, request that a criminal complaint issue against the accused charging the offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem DIsTrlct Court 65 Washington Street ❑ONLY MISDEMEANOR(S),1 request a hearing ❑ WITHOUT NOTICE because of an imminent threat of Salem,.MA. O1970 ❑ BODILY INJURY ❑ COMMISSION OF A CRIME ❑ FLIGHT ❑ WITH NOTICE to accused. ❑ONE OR MORE FELONIES,I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED O WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS A HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTHDATE SOCIAL SECURITY NUMBER V PCF NO. MARITAL STATUS t DRIVERS LICENSE NO. STATE GENDR HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARSIMARKS/IATTOOS l BIRTH STATE OR COUNTRY DAY PHONE EMPLOYERISCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE PD ❑ POLICE ❑ CITIZEN/0 OTHER - ADDRESS / r r! T PLACE OF OFFENSE INCIDENT REPORT NO. , OBTN CITATION NO(S). OFFENSE CODE DESCRIPTION OFFENSE DATE VARIABLES(e.g.victim name,controlled substance,type and value of property other variable information,see Complaint Language Manual) OFFENSE CODE DESCRIPTION OFFENSE DATE L5S 2 VARIABLES _ .I "Cf S'1. OFFENSE CODE DESCRIPTION Oli5ENSE DATE 3 VARIABLES - >j REMARKS I CO LAINANTS SIGNA URE DATE FILED COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION AT F}iEARING TI OF HEARIN� � COURT USE ONLY —I• WILL BE HELD AT THE ABOVE COURT ADDRESS ON G!G !/ ATC//1 DCCR-z(06M) mCOWLAINANT'S COPY APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT of c� District Court Department I,the undersigned complainant,request that a criminal complaint issue against the accused charging the offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem District COUrt ❑ONLY MISDEMEANOR(S), (request a hearing ❑ WITHOUT NOTICE because of an imminent threat of 65 Washington StreetSalem, MA. 01970 ❑ BODILY INJURY EI COMMISSION OF A CRIME ❑ FLIGHT El WITH NOTICE to accused. ❑ONE OR MORE FELONIES,I request.a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS XHAS NOT been arrested i INFORMATION ABOUT NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER OS- O•/- 97 03Z - 9N- 7378 F_ V1 C7D/L 67//nDA114A/6 PCF NO. MARITAL STATUS 2/ ALn'arlc k✓�_ DRIVERS LICENSE NO. STATE Sou souep , A44 ails? L GENDEIii HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) CASE i •- COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE �U�/UQ PD F G/ BF Ss}[-.gym JjrJ/L /n/6 Q����� El POLICE Ll CITIZEN OTHER Off/U ADDRESS / 7A L✓,4­314/N6 76N S-T- PLACE OF OFFENSE �A �m /Y114 0 /9 70 INCIDENT REPORT NO OBTN I L CITATION NO(S). OFFENSE CODE DESCRIPTION OFFENSE DATE 1 11V4,477&W a< p0 Se-r-7-1c,' //gr. cT)/` 111V 1*2- VARIABLES(e.g. victim name,controlled substance, type and value of property.other vad le information;see Complaint Language Manual) OFFENSE CODE DESCRIPTION OFFENSE DAV-1 t./ 2 VARIABLES OFFENSE CODE DESCRIPTION OFFENSE DATE' 3 VARIABLES =J REMARKS COMP INA S�$I� DATE FILED X Lr/ /O 9 . COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION F H ARING TI E/p�F HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON /�'— AT / ,•3� DATE PROCESSING OF NON-ARREST APPLICATION (COURT USE ONLY) CLERK/JUD NOTICE SENT OF CLERK'S HEARING SCHEDULED ON: NOTICE SENT OF JUDGE'S HEARING SCHEDULED ON: HEARING CONTINUED TO: APPLICATION DECIDED WITHOUT NOTICE TO ACCUSED BECAUSE: O IMMINENT THREAT OF ❑ BODILY INJURY ❑ CRIME ❑ FLIGHT BY ACCUSED ❑ FELONY CHARGED AND POLICE DO NOT REQUEST NOTICE ❑ FELONY CHARGED BY CIVILIAN;NO NOTICE AT CLERK'S DISCRETION - • COMPLAINT TO ISSUE COMPLAINT • ❑ PROBABLE CAUSE FOUND FOR ABOVE OFFENSE(S) ❑ NO PROBABLE CAUSE FOUND ' NO(S). ❑ 1. ❑ 2. ❑ 3. BASED ON ❑ REQUEST OF COMPLAINANT ❑ FACTS SET FORTH IN ATTACHED STATEMENTS) ❑ FAILURE TO PROSECUTE ❑ TESTIMONY RECORDED:TAPE NO. ❑ AGREEMENT OF BOTH PARTIES START NO. END NO. ❑ OTHER: ❑ WARRANT ❑ SUMMONS-TO ISSUE COMMENT' ' ARRAJGNMENT DATE: )CCR-2(08/06) cnnuTrnvv STATEMENT OF FACTS APPLICATION NO.(court use on/y) PrycE oC Trial Court of Massachusetts IN SUPPORT OF District Court De a .APPLICATION FOR CRIMINAL COMPLAINT OF p rtment COURT DIVISION The undersigned alleges the following as a Elfull Or',ET partial statement Of the factual basis for the offense(s)for which a criminal complaint is sought, /t'!e J'/i 7104 ¢11-f 6�1 -.l aT_D— -7-Ae -------- ---�oNt/EiL>F�__Zo -7wo rz�__L'O�✓domi,r/�t/ni_i/n/i7s A>r/a �,<E.v Soap-- off_- — Fcdmz----- 4J- - ---------7 c -----7 L?0 G/rl,e-t--TFd7------ice--- -----Vi=e--$eT�•_ �LN� __�}9�_ .act/ __,�a�%__-�� !//D�TiO�G_�Kcsr1-------- -----Z8�Sr TvTf S_ A __�SEP¢�ar ��f �c/5�. .................................... (Use additional sheets if necessary) PRINTED NAME SIGNATU I AM A: /A4SP ATE SIGNED ❑ LAW ENFORCEMENT OFFICER - [ICIVILIAN COMPLAINANT OR WITNESS �d •?/ O ADDITIONAL FACTS FOUND Ev CLERK-MAGI� IUDGE BASED ON ORAL TESTIMON _______________ __ ______________ _________________—___— --____-- REMARKS SIGNATURE OF CLERK-MAGISTRATE/ASST.CLERK/JUDGE DATE SIGD X NE DC-DR3n (]IOa) --- �po NOIi�.O ofttlut, Public 12ropertu Depaitutent �!';ttilliu�} �rpnrtnten# ^<C/MIN DOj.. 71u1r.t 11. lJoWers (One Salem Uyrrrn 74.5-0213 January 25, 1980 Ms. Jane Haller-Ingalls 10 Gifford Court RE: 10 Gifford Court Salem, MA 01970 Dear Ms. Ingalls: Would you please call 745-0213 or 745-0215 between 8:30 A.M. and 4:00 P.M. so that an appointment can be made to inspect the chimney at the above referenced address. Very truly yours, Daniel F. Mansur Asst. Building Inspector DFM:tc eo� r, f31)li_DiilG �ti'i' I — _--_—_R T - — CITY OF ALEt4,kiQSS. IP c—lam =- ca cot id — ,-�> , k Pro C�VY� rnC?V1 _ -- --- l TlAr - - - - 'As �Qa,P kn ` 'rte 4 3 I—� - ---- r ( In UC , r'--Z, `A(Nnt_b1 Lia 1 'fo�n enc: V)e.%t t3 �f��,� Inger1tna, r `00 ws t-�Wk 6n 6n tie anL TOOVns ( JA LC-14 :> ; --- r- ------ I -- - - - I - �� March 21, 1991 C; Building Inspector v City of Salem One Salem Green Salem, MA 01970 Re. : Occupancy at 10 Gifford Ct Ant 2' Dear Sirs, I hereby wish to complain that the above mentioned unit is currently being occupied by four unrelated individuals. I kindly ask you to start legal proceedings regarding this issue. Thank you for your kind help. Respectfully, CC3 T • J�c Travis J.J. McGee Address 10 Gifford Court Salem, MA 01970 Phone (508) 745-8396 From the office or: STANDARD FORM APARTMENT LEASE October 26 19 90 (FIXED TERM) Date Charles & Kathleen Bro by and Laurence & Martha Heal ( JBH Associates ) 744-2101 (Name) (Address) (Telephone No.) 23 Proctor St. Salem, Mass 01970 Lessor,hereby leases to Travis Mcgee, Kim Marcello and Paulette Shearer 10 Gifford Ct. Salem, Mass 745-8396 (Name) (Address) (Telephone No.) Lessee,who hereby hires 2 at 10 Gifford Ct. Salem, Mass the following premises,viz.: (Apartment) (Suite) (Street) MassAconsistingoi) Livingroom, Kitchen, Den, Bathroom (city or town) and Three Bedrooms for the term of 1 year beginning November 1 7990 {C.' Y 6n1 19 M�bWit, owed Promises sMl w - RENT A:Tho tern rent shall bs i 11 .340 ,payaoie,except as nersln otherwise provided in insmlimenb o1f$ 45.00 gas riyt.' onthaz�°��' day of everymonth In advance so long ea thl6 ease is in fame and etiec4 v+F r g? (min any tax pedreneing with the fiscal year the rea)estate ta%ea:on , (buildings,of Vpremisesa "apo.afro In excess of the:dinou g i estate taxa ereori,foY s' iea the "Ba ich Less fuel a tax bill 'yri:•.., ` t. s esed premises) 8 pavtto',les = on rant rounder, n nd as dee ;in writing N A xcest Year oi' rich or �- Lessor, ee I thereof end prop pan Lessor rent set ms n the immediatel -h 1 real id Base twithstanding a in ed t ion of ed tax as th a el nd if ebete- reel estate 'Gla o ieh tonere batement ayes i beco nt Ing an Y n to rolrent I regul she nd Is a t you r t e ereo a eased premises ere or ecome su )eat to rent control laws or er ews reguating ,care certain that you rents,and if the Lessor is,in accordance with such laws,at any time authorized or permitted to increase the rent for the leased understand and agree premises, and if at any time thereafter the Lessor gives written notice of his intention to implement such increase in whole or with this section. in part, then, in such event and not otherwise,the Lessee may terminate this lease by giving notice of his intention within Lessee's initials: thirty days after the Lessor's notice of implementation. It the Lessee gives such notice within thirty days,this lease shall terminate on the last day of the monthly rental period next after the date of such notice. If the Lessee does not give such notice within thirty days,then the rent shall be increased in accordance with the Lessor's notice of implementation comment• ing with the rent payment immediately following the expiration of said thirty day period, but in no event shall the rent ex• teed s N/A per month during the term hereof. LESSOR AND LESSEE FURTHER COVENANT AND AGREE: That during the term of this Lease and for such other and further Period as the said Lessee shall occupy the mid premises,all of the terms,covenants and conditions contained herein shall remain in full force and effect. 1. MAINTENANCE For maintenance,if other than lessor,contact: Charles Brophy or Laurence Healy 744-2101 or 944-5358 (Name) (Address) (Telephone No.) 2. ADDITIONAL PROVISIONS COPYRIGHT 01978 GREATER BOSTON REAL ESTATE BOARD All rights reswved. This form may not be copied or reproduced in whole or in port in any manna whatsoever without the pry RHA FORM NO.1 B �� express written consent of the Greater Boston Real Estate Bard. 11180 S a•�a' cc: City Clerk Building Inspector, 1^ � is�c fir' Salem Historical ComMASSlon _ x CITY HALL. SALEM. MASS. 01970 --1 - 745-9595, ext. 311 :r v T,- CERTIFICATE OF APPROPRIATENESS W, It is hereby certified that the Salem Historical Commission has determined that, the proposed construction ( ) ; reconstruction (x) ; demolition ( ) ; moving ( ) ; alteration ( ); painting ( ) ; sign or other appurtenant fixture ( ) work as described below in the . .. McIntire Historic District (NAME OF HISTORIC DISTRICT) • Address of Property: 10 Gifford Ct. Name of Record Owner: Gale Couture DESCRIPTION OF WORK PROPOSED: Rebuild everything mentioned in write up (attached in file) to match existing with like materials. will be appropriate to the preservation of said Historic District, as per the requirements set forth in the Historic Districts' Act (Federal Laws, Ch. 40C) and the Salem Historical Commission. Dated: ilk/F /2SALEM HISTORICAL COMMISSION By C C 'A./ tt Chairman :P,G1_NE_ OF IRELAND FAX NO. :878 745 4858 _Lan. 15 .`Lim:, =1_,:55F4•: F1 January 15, 2006 TO JOE BARBEAIJ FROM: MAUREEN JACOBY Hi Joe, I'm going to stop over tomorrow between 12 & 2 to talk to you about two things, but I thought it might be helpful if I fax this into to you first -- that is, if you've had time to read it before I see you. 1 stopped in last Wed. and spoke with I'om St.Pierre. When I showed Toni the new plot plan we just received, she was very upset because it looks just like the one that's in the registry of deeds. I went to the registry and paid 6S to get a copy of a certified site plan that was done in May of 2000. I brought both new and old plans to Tom and he didn't understand why you thought we needed a new plot plan?? Fle made a copy of the new one for your records The second issue is a disturbing one: My best friend Maddic, who found me this place and lives right next door to the Simonians, ur at least the house they still own and are renting, and who designed a new kitchen, bath, and deck for them, has been talking with me or entailing me about the problems I'm having, Maddie is an excellent interior designer and does restaurants and hotels. Maddie helped me move in and remembered how the only way the movers could get my furniture in was through the front entrance and then into my bedroom. No one was living upstairs at the time so 1 always used the front door. They gave me a key to it. Mer last email said: "DON"T let them remove your bedroom door That was the only way we got your furniture in. I was flabbergasted, Joe. I had never thought of that. There is absolutely no way furniture can be moved in through my little side door and entryway and I can't see how furniture could possible be moved through the new back egress. It's too awkward and small and furniture wouldn't make it through. T measured the second "illegal" bedroom door and its two inches bigger than my other doors. 997?? We need to talk!!! Sincerely and "worried" t APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT of District Court Department I,the undersigned complainant, request that a criminal complaint issue against the accused charging the n offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: $ab.9 l ti?`e'3trml C-cu'f 65L^Jc h€n�io. SLcst C]ONLY MISDEMEANOR(S),I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of Salam; iv" tZ"Wo ❑ BODILY INJURY ❑ COMMISSION OF A CRIME ❑ FLIGHT ❑ WITH NOTICE to accused. ❑ONE OR MORE FELONIES,I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS ❑ HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE/- / - SOCIAL SECURITY NUMBER c. PCF NO. MARITAL STATUS _ DRIVERS LICENSE NO. STATE oj Cf 7t; GENDER HEIGHT WEIGHT EYES Ir HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) •• COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE PD ❑ POLICE ❑ CITIZEN ❑ OTHER ADDRESS PLACE OF OFFENSE INCIDENT REPORT NO. OBTN CITATION NO(S). OFFENSE CODE DESCRIPTION OFFENSE DATE 4 i///cif)li t:L T/� t.. 17t_. 1 VARIABLES(e.g.victim name,controlled substance,type and value of property.other variable information;see Complaint Language Manual) OFFENSE CODE DESCRIPTION OFFENSE DATE 2 VARIABLES OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES REMARKS COMPLAI ANTS-SIGNATUFjE p/ DATE FILED X / COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION /DATE pOF HEARING /' TIME OF HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON '�" i_.y Fi" '` �3 f�-,)—, AT E DCCR-2(0&00) COMPLAINANT'S COPY yea. Coif ofIpm, tts �zc �t � Publir 1drapertg Pzpartment Pursing Pepurtr unt Robert E. Gauthier One Salem Green 745-D�13 August 18, 1980 Mr. Carl C. Spang Ms. Agnes Krajeski 366 Essex Street Salam, MA 01970 RE: Chimney 10 Gifford Court Dear Mr. Spang and Ms. Krajeski: In answer to a complaint,an inspection was made of the chimneys at the referenced premises. The chimneys are in a serious state of fatigue and shall be repaired immediatly. A building permit shall be obtained before commencing work. Very truly yours, Daniel F. Mansur Assistant Building Inspector DFM:dm CITY OF SALEM MASSACHUSETTS 01970 From The Office Of ASSESSORS July 10, 19 86 To Whom It May Concern: The property located at 10 Gifford Court (Assessors Parcel #26-561 was found to be a two unit dwelling when first listed in July 1973, and has continued to be listed as such in the Assessors Office records since that time. Prior to 1973, this office did not maintain records on number of dwelling units . ASSESSORS OFFICE C. Jennings =+ _ Principal Clerk C) cn n --R? Cn to � cr, JVL I� 14a PN '8fi CITY RECEI F) SALEri,MASS. To Whom It May Concern, To the best of my understanding and observance the property located at 10 Gifford rCourt was continuously used as a two family since 1965. SIGNATURE ADDRESS CI f yF 4c,L To Whom It May Concern, To the best of my understanding and observance the property located at 1 G fford Court was continuously used as a two family since 1965. SIG ATURE 0 ADDRESS �� fi{'rL�lP1E �� "r Jut 1 l ! 1+8 FN 186 CITY OF S4*L CvdSS. To Whom It May Concern, To the best of my understanding and observance the property located at SO Gifford Court was continuously used as a two family since 1965. S&NOURE ADDRESS JUL MA SS. s To Whom It May Concern, To the best of my understanding and observance the property located at 10 Gifford Court was continuously used as a two family since 1965. a CAI SIGN TURE ADDRESS APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT of District Court Department I,the undersigned complainant,request that a criminal complaint issue against the accused charging the offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem T3.F'ytrfet COOS 66 W sh;:tgtoti Street ONLY MISDEMEANOR(S),I request a hearing D WITHOUT NOTICE because of an imminent threat of Setam, MAA 0:970 D BODILY INJURY D COMMISSION OF A CRIME D FLIGHT D WITH NOTICE to accused. D ONE OR MORE FELONIES, I request a hearing D WITHOUT NOTICE D WITH NOTICE to accused. s - ARREST STATUS OF ACCUSED D WARRANT is requested because prosecutor represents that accused may not appear unless arrested. D HAS D HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE, f f SOCIAL SECURITY NUMBER PCF NO. MARITAL STATUS �.If l •y-- DRIVERS LICENSE NO. STATE A/ -J� � GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) 4 CASE INFORMATION COMPLAINANT NAME(FIRST MI LAST) COMPLAINANTTYPE PD D POLICE D CITIZEN D OTHER ADDRESS PLACE OF OFFENSE INCIDENT REPORT NO. OBTN CITATION NOS). OFFENSE CODE DESCRIPTION OFFENSE DATE !L VARIABLES(e.g.victim name,controlled substance,type and value of property other variable information;see Complaint Language Manual) OFFENSE CODE DESCRIPTION OFFENSE DATE 2 VARIABLES OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES rl .- REMARKS COM LAINANT'S SIGNATURE f DATE FILED COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION !V !DATE OF HEARING TIME OF HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON } 1'' �'� `/-7 }� r j AT// E DCCR-2(08/04) COMPLAINANT'S COP`( nature publishing group Nature Clinical Practice 25 First Street-Suite 104 Cambridge, MA 02141 November 1, 2005 Dear Mr.Barbeau, Enclosed please find paperwork relating to the property at 10 Gifford Court.I am sending you copies of each unit deed,including the property deed for when Victor and Susan Simonians purchased the property in November 1999.There is a floor plan and the assessor card attached to each of the deed documents.Interestingly the Assessor's Office never had Victor listed as an owner of the property even though he owned the building in its entirety from 11/99—5/2002, and owned Unit#2 from 11/99—3/2002(I gave a copy of the property deed from this transaction to the Assessor's office yesterday). I have also enclosed a copy of the master deed,which may or may not be of interest to you. Thank you for your help in resolving this situation. If it's not a problem I would like to have a copy of the letter you send to the Simonians for my records? Toni Fournier ` Toni Fournier♦ 25 First Street—Suite 1041 Cambridge,Ma 02141 Telephone 617-494-4900 ext 210♦ Email t.foumier®boston.nature.com MAILING ADDRESS VERIFICATION FORM It is important that we obtain the future mailing address of the borrower(s) and seller(s) involved in this transaction. Accordingly, we would appreciate having the form below filled in completely and accurately. Borrower(s) Name: Toni Lynn Fournier Property Address: 10 Gifford Court, Unit 2, Salem, Massachusetts 01970 If the mailing address is different, please note below: Mailing Address: Phone Number: (Home) (Work) -73/ -328 '5337 Seller(s) Name: Victor/ ,S,imonians Future Mailing Address: 2 in 44c. Phone Number: (Home) (Work) NOTICE: This iot]pation 1 b made available to either part pon reque T � � SELLER:V�CtOi $�IDOIISSIIH BOR OWER:TOIIi Lynn Fournier THIS FORM MUST BE COMPLETE AND ACCURATE 11/22/99 4:56 Yost: 22 Deed 8K 16060 OG 27� We, LaVrence D. Healy,Martha A. Healy, Charles J. Brophy and Kathleen Johnson Brophy. of Salem, Massachusetts 01970 in consideration of 178,000.00 grant to Victor Simonians, individually of 2Washington Street, Marblehead,Massachusetts 01945 with quitclaim covenants The land in said Salem, with the buildings thereon, situated at 10 Gifford Court, bounded and described as follows: SOU'THEAS'TERLY By Gifford Court, sometimes erroneously referred to as Giffords Court; 'sixty-rwo (62) feet NORTHEASTERLY by land now or late of Grimes,.about thirty-two.(32) feet; NORTHWESTERLY by land now or late of Nolan,about sixty-six (66) feet; SOUTHWESTERLY by land now or late of Winslow, about thirty-two (32) feet. For our title see deed dated and recorded November 14, 1986 at Essex South Registry.of Deeds at Book 8625, Page 233. s I J cS. U J Executed as a sealed instrument this 19th day of November, 1999 . LaVrence D. Healy Martha A. Healy Charles J Brophy I Rathlaen John o Srophy � - MASTER CARD 10 GIFFORD COURT CONDO CITY OF SALEM, MASS. LW LOCATION 10 GIFFORD COURT MAP 26. LOT 561 SUF OWNER DESCRIPTION - SO. FT. ACRES COMMENTS FY YEAR UCONVERTED TO 2 NIT SQ FT INT C., 1 582 33 1/3 CONDOS 5/19/00 2 1,264 66 2/3 R I Ii 1 I I' YEAR OWNER DESCRIPTION VAL Sq. vAL TOTAL LIN. . BLD. FT. LAND VAL FT. 1975 DELVINA B. BROUSSEAU house 4,000 2,048 400 4,400 1'' .81 ESTATE OF DELVINA B. BROUSSEAU 19 82 CARL C. SPANG F1986 CARL C. SPANG house 21048 E1PY 88 CHARLES J. & KATHLEEN JOHNSON BROPHY LAURENCE D.HEALY & MARTHA —JOHNSON- 19 JOHNSO 19 19 1 r 19 F 19 19 s. 19 19 Y 19 5 19 19 19 CITY OF SALEM, MASS. Let LOCATION 10 GIFFORD COURT UNIT 1 MAP 26 LOT 561 SUF 801 R OWNER DESCRIPTION SO. FT. ACRES COMMENTS MAUREEN ANN JACOBY © INT 33 1/3 CONDO 582 CONVERTED 2 FAM TO CONDOS 5/19/00 1.4ZAAA I ' 06i30/00 1:02 Inst. 749 F ' BK 16428 PG 444 10 GIFFORD COURT CONDOMINIUM UNIT DEED LI iZ I, VICTOR SIMONIANS, of Marblehead,Essex ounty, Massachusetts, for consideration paid of$109,000.00, grant to MAUREEN�ACOBY;,of 10 Gifford Court, ANrI Salem, Massachusetts, with QUITCLAIM COVENANTS, the UnAkknown as 1 ("Unit") in 10 Gifford Court Condominium("Condominium") located in S,a�,em,Essex County, Massachusetts and established by the Grantor pursuant to the Massachusetts General Laws, Chapter 183A by Master Deed dated May 18, 2000 and recorded with the Essex (/ South District Registry of Deeds in Book•16350, Page 570 ("Master,'Deed"),which Unit is shown on the Floor Plans("Plans") of the Building recorded sine kiltaneously with said Master Deed and on a copy of the portion of said plans attached hereto and made a part hereof, to which is affixed the verified statement of a registered professional engineer, OJ architect or land surveyor in the form required by Section 9 of said,,Chapter 183A. Said Unit is conveyed together with: 1. An undivided 33-1/3 percent interest in the common areas and facilities of the property ("Common Elements") described in said Master Deed attributable to the Unit; 2. An easement for the continuance of all encroachments by"the Unit on any adjoining Units or Common Elements existing as a result of construction of the Building, or which may come into existence hereafter as a result of repair or restoration of the Building or the Unit after damage or destruction by fire or other casualty, or by reason of any alteration or repair to the Common Elements made by or with the consent of the Board of Trustees; 3. An easement in common with the owners of other Units to use any pipes, wires, ducts, flues, cables, conduits,public utility lines and other Common Elements located in any of the other Units or elsewhere on the Property, and serving the Units; 4. Rights and easements in common with other Unit Owners as described in the Master Deed. Said Unit is conveyed subject to: 1. Easements in favor of adjoining Units and in favor of the Common Elements for the continuance of all encroachments of such adjoining Units or of Common Elements on the Unit, now existing as a result of construction of the Building, or which may come into existence hereafter as a result of settling or shifting of the Building, or as a result of repair or restoration of the Building or of any adjoining o qp .cgb f�OS to Ln M-A 07-0 ) Bid 16428 PG 405 Unit or the Common Elements after damage or destruction by fire or other casualty, or after taking in condemnation or eminent domain proceedings, or by `t - reason of any alteration or repair to the Common Elements made by or with the consent of the Board of Trustees; 2. An easement in favor of the other Units to use the pipes,wires, ducts, flues, conduits, cables, public utility lines and other Common Elements located in the Unit or elsewhere on the property and serving such other Units; 3. The provisions of said Chapter 183A, the Master Deed,Declaration of Trust and the plans of the Condominium recorded simultaneously with and as part of the Master Deed, and any Amendment to the Master Deed,Declaration of Trust or plans as the same may be amended from time to time by instrument recorded in the Essex South District Registry of Deeds, which provisions, together with any amendments thereto, shall constitute covenants running with the land and shall bind any person having at any time any interest or estate in.the Unit, as well as the Unit Owner's family, servants and visitors, as though such provisions were recited and stipulated at length herein. The Unit is intended for residential purposes only. No use,may be made of the Unit except as a residence for the Owner thereof or permitted lessees and the members of their immediate families, and no Unit or any portion thereof may be used for any other purpose, except as provided in the Master Deed. Executed as a sealed instrument this dayc,h:i? 2000. QL 4T1� sq Arew4`seS tt by 6tq WC-am4cl, Victor Simonians COMMONWEALTH OF MASSACHUSETT'S ';r ESSEX, SS. Then personally appeared the above named Victor Simonians, and acknowledged the foregoing instrument to be his free act and deed,before me J- n W Notary Public LO x 0� / N W �, a My Commission Expire}; /W W /ry W UI ri Oft"Vii' At r.^ ✓� n26 m S Nn lEpoet, Ir 4-1 2 fj .� I.. �'�.—••• —_ = N r (. Ate" IMNW`( ._S". Ci.OSCt .. y.a .. K4 r 0 I w ,4 ® ... ",.._ `3T'$9� 1 t• ML V `p�� ,ZH OF 'I P S - _ahim, VNrr Z $ 02 : .DANIEL C r f = O � ► �I' o�'t� - �`' '+CL��' ��o oi-L-� C�,-�a rte- -9 c . O -orb '/ o� Ntf O I _ BK 1642& FSG 40 1111 S 11 Omo o e r S;13S�Q e 7-1 S) 10 GIFFORD COURT CONDO CITY OF SALEM, MASS. La LOCATION 10 GIFFORD COURT UNIT 2 MAP 26 LOT 561 SIF 802 R OWNER ,, DESCRIPTION SO. FT. ACRES COMMENTS TONI LY `,IV,B 2DErINT 66 2/3 condo 1,264 CONVERTED 2 FAM TO CONDOS 5/19/ 00 After, Recording Return To: - - EEppi� II .f��t.����pptt YNNYpppp II�I pppp TQ1ti Fournier G 10 Gifford d Court, U2 Salem, MA 01970 =1322868818k,18486 Pg:x 03/22/2002 00 WOO DEED Pp L 10 GIFFORD COURT CONDOMINIUM UNIT DEED 1, VICTOR SIMONIANS, of Marblehead, Essex County .Massachusetts,for considerationpaid of$248,000.00, grant to TONI LYNN FOURNIER; of 10 Gifford Court, Salem, Massachusetts,.with QUITCLAIM COVENANTS, the Unit known as 2 ("Unit") in 10 Gifford Court Condominium ("Condominium")located in Salem, Essex County,Massachusetts and established by the Grantor pursuant to the Massachusetts General Laws, Chapter 183A by. . Master Deed dated May 18, 2000 and recorded with_tbe Essex South District Registry of Deeds o in Book 16350,Page 570 ("Master Deed") which Unit is shown on the Floor.Plans("Plans") of the Building recorded simultaneously with said Master Deed and on a copy of the portion of said plans attached hereto and made a part hereof,to which is affixed the verified statement of a registered professional engineer, architect or land surveyor in the form required by Section 9 of N said Chapter 183A. Said Unit is conveyed together with: l. An undivided 66-2/3 percent interest in the common areas and facilities of the L property("Common Elements") described in said MasterDeed attributable to the Unit; 2. An easement for the continuance of all encroachments by the Unit on any adjoining Units or Common Elements existing as a result of construction of the . 0 Building,or which may come into existence hereafter as a result of repair or restoration v of the Building or the Unit after damage or destruction by fire or other casualty, or by w° reason of any alteration or repair to the Common.Elements made by or with the consent w of the Board of Trustees; 3.: An easement in common with the owners of other Units.to use any pipes,wires, ducts, flues, cables, conduits,public utility lines and other Common Elements located in any of the other Units or elsewhere on the Property. and serving the Units; . v V 4: Rights and easements in common with other Unit Owners as described.in the T Master Deed. w CL c Said Unit is conveyed subject to: F+ a w 1. Easements in favor of adjoining Units and in favor of the Common Elements:for a the continuance of all encroachments of.such adjoining Units.or of Common Elements on the Unit, now existing as a result of construction of the Building, or which.may come into', existence hereafter as a result of settling.or shifting of the.Building, or as a result of repair or restorationof the Building or of any adjoining Unit,or the Common Elements after, damage or destruction by fire or other casualty, or after taking in condemnation or eminent domain proceedings,or by reason of any alteration or repair to',the'Common Elements made by or with the consent of the Board of Trustees; _ 2N 7 bUBW Pg,251 09171/2002 00:40:00 WEED R0 2/9 _ 2 An easement in favor of the other Units to use the pipes, wires, ducts,flues, conduits, cables, public utility lines and other Common EIements located in the Unit or elsewhere on the property and serving such other Units; 3. The provisions of said Chapter 183A,.the.Master Deed,Declaration of Trust and the plans of the Condominium recorded simultaneously--with and as.part of the Master Deed, and any Amendment to the Master Deed, Declaration of Trust or plans as the same _ may be amended from time to time by instrument recorded in the Essex South District Registry of Deeds, which provisions,together with any.amendments thereto, shall constitute covenants running with the land and shall bind any:person having at.any time any interest or estate in the Unit, as well as the Unit Owner's family,servants and visitors, as though such provisions were recited and stipulated at length herein: The Unit is intended for residential purposes only. No use may be made of the Unit except as a residence for the Owner thereof or permitted lessees and the members of their immediate families, and no Unit or any portion thereof may be used for any other purpose, except as provided in the Master Deed. Executed as a sealed instrument this Z l . day of March Victor Simonians COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. Then personalty appeared the above named Victor Simon ans,and acknowledged the' foregoing instrument to be his free act and'deed,before m .� My Commission Expiresy--/ ?o C LLEoE+EEL?S ;-j? G iJ � 03112V. 3/2 i 1f�283110�69.Bk:1886 Pg;152 �Gbdln$,A 0 A3 03/22!2002 08:40 00- DEED PO 3/0 9 1 1 V. 1 44 AAs J G f i 4 ® /y1 N • O �i ( o c 3 nunirN�� �\ 4 1 13S���U\\\ _ r 28IM2M7 Bk;IM86 Pry: .. _ 9812212662 66 <o:oo_ OECD vy . t ,oU PORI 13 � . i 9e-6 'P w } r0 auumi�un mov vA 1 '• L '•ACS ' y v� su3s� � 1• + �r 2B02832187 Bk,1b485 Pg;25 03/12/4001.08'40 00 DEED PO 6/8 Al �- Tit- a I GOMMp //i� f 2002832200081 Bk:1845 Pg:255 - - -i X09122/7002 08:40:00 DEED O9 018 G Lo ve tp At b roam J , wougamms Y � _ 51135 \\P� (ll�rlyr of f � a4� '__ _ CASH CHECK e Kl�li�l "'�� ° 4s FIRE DEPARTMENT-FIRE PREVENTION DIVISION Fee Paid aQ 1 a 29 Fort Avenue Salem,Massachusetts 01970-5232 March 20, 2002 (978)745-7777 maul CERTIFICATE OF COMPLIANCE In aaordance with the provisions of Chapter 148,G.L.as provided in Section 26E and/or 26F smoke detectors have been approved within residential occupancies as applicable- victor pplicable Victor Simonians OwnerG�I1 mme of nr> faro or mxpmadm smata P—e): Smoke detectors have been installed and are approved for and location as current codes as of this date. SMOKE DETECTORS RE iIIItE ANNUAL MAINTENANCE,AND CLEANING ❑One Family Dwelling Type of Occupancy: ❑Two Family Dwelling 09 Condominium Unit B 2 10Gifford Court aeaoremaaofuocad at (Gift ueation l9 aCeet and a®!v,w deadbe m suL 7>esana� NOTICE: Certificate is NOT VALID,for sale or transfer of c j of real estate, 60 days after date of issue i tlal Fo=#BIA(Rev.91n nature publishing group Nature Clinical Practice 25 First Street- Suite 104 Cambridge, MA 02141 November 1, 2005 Dear Maureen, I knocked on your door a couple times over the weekend,but to no answer. Needless to say I was very upset to find that you had been in my home without my knowledge or permission. Maureen this is an unfortunate situation that we have found ourselves in,however the short term solution to your units egress issue has caused an even more serious concern for me, and that is an invasion of my privacy and trespassing. The solution of unlocking the door between the units is a short term solution, as it only creates another illegal egress situation which is providing you, and anyone in your unit, egress through my home and unobstructed access to my personal property.I expressed to you before the door was unlocked, and I am sure you understand,that this is a serious concern to me.I am trying to work toward a solution to this, as I assume you are as well.Until this is resolved you do not have my permission to access my unit without my knowledge.I have spoken with the Salem Building Department to let them know that if they need access to my unit,I will certainly accommodate them. Toni Cc:Joseph Barbeau Toni Fournier♦ 25 First Street—Suite 104♦ Cambridge,Ma 02141 Telephone 617-494-4900 ext 210♦ Email t.foumier@boston.namre.com n F _ +..W .e .�.�F�I,. tlaF .NKMWIJFM dY1&Y.11CpRR..b9Y:tA'f(^_�/AdF1MRfiiwMiYYMMf'4�'Mnti4/OA'4b,FwMi✓•-^•• y 9 t Salem Historical Commission 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 (978)745-9595 EXT.311 FAX(978)740-0404 CERTIFICATE OF HARDSHIP It is hereby certified that the Salem Historical Commission had determined that the proposed: ❑ Construction ❑ Moving ❑ Reconstruction >< Alteration ❑ Demolition ❑ Painting ❑ Signage ❑ Other Work as described below has been approved under a finding of Hardship, as per the requirements set forth in the Historic District's Act(M.G.L. Ch. 40C) and the Salem Historic Districts Ordinance. District: McIntire Address of Property: 10 Gifford Court Name of Record Owner: Maureen Jacoby&Toni Fournier Description of Work Proposed: Replace existing front entry door with simple double doors to replicate 97-97 %Essex Street(without the transom lights). Doors to be 6 panel 32"wood doors. All painted to match existing. The Commission made the finding that due to the building code requirements for secondary egress, an interior solution was not possible and that all exterior alternatives have been thoroughly explored with only this solution remaining and that the Hardship was not created by the current owners. Reason for Issuance of Certificate of Hardship: ❑ The application affects only the building or structure on which work is to be done and not the historic district in general. ❑The application is approved because it does not cause substantial detriment to the public welfare. ❑The application is approved because it does not cause departure from the intent and purposes of the amended Historic District Act. Dated: 03/16/06 SALEM HISTORICAL COMMISSION By: A61W The homeowner has the option not to commence the work(unless it relates to resolving an outstanding violation). All work commenced must be completed within one year from this date unless otherwise indicated. THIS IS NOT A BUILDING PERMIT. Please be sure to obtain the appropriate permits from the Inspector of Buildings(or any other necessary permits or approvals)prior to commencing work. /0 G Estimate#1 Estimate#2 Estimate#3 Actual Expenses Landmark Survey $1,000.00 $1,000.00 $1,000.00 Michael McArdle-Legal Fees $900.00 $900.00 $900.00 Dick Dacey-Legal Fees $750.00 $750.00 $750.00 Complete Plumbing and Repair $138.00 $138.00 $138.00 Harry Gunderson-Architect $2,560.00 $2,560.00 $2,560.00 Loss of Work-TF 42 hrs. $2,625.00 $2,625.00 $2,625.00 Total Actual Expense $7,973.00 $7,973.00 $7,973.00 Further Work Necessary to comply with Egress Code Down spouts as agreed to install $650.00 $650.00 $650.00 Roger A Tremblay Contractors Incorporated ESTIMATE#1 0 Noysa Construction & Remodeling Inc "WIMATE#2 $35R :f? American Steeple and Tower ESTIMATE #3(verbal quote based on inspection of project site) 5 Complete Plumbing& Repair $13,789.00 $13,789.00 $13,789.00 Harry Gunderson-Architectural design estimate to develop updated floor plans based on work done for inclusion and recording with master deed amendment. In addition to the changes in overall floor plan, it has been recognized the overall building dimensions included in the master deed are not accurate. (verbal quote based on hr rate) $2,200.00 $2,200.00 $2,200.00 Mike McArdle-Legal fee estimate to execute and record necessary amendment to master deed based on new egress work (verbal quote based on hr rate) $1,500.00 $1,500.00 $1,500.00 Total Estimates $50,639.00 $53,479.00 $53,139.00 Total Actual and Estimate $58,612.00 $61,452.00 $61,112.00 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR ^�7 SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 October 5, 2005 Toni Lynn Fournier Unit #2 10 Gifford Court Salem, MA 01970 Dear Ms. Fournier; In response to your inquiry regarding the Certificates of Occupancy for your building, a thorough investigation of our files turns up scant information concerning this property. There were no Certificates of Occupancy issued for this structure,nor were any Building Permits, or Plumbing Permits issued for this Condominium project. There is no street file, therefore there have been no actions taken against this property, nor casualty claims made against it. The card for this property contains minimal information, showing the first permit issued on 12/4/87 # 1276 to rebuild the porches on the side of the structure, also listed is a permit issued on 1/11/00# 954-00 to re-roof. This lack of information within our files can only be attributed to a complete disregard of the legal building process by the developers of this condominium project. A recent inspection of Unit# I reveals fairly recent Kitchen and Bath work, a lack of adequate Smoke Alarms, and an illegal Egress situation. At this time no inspections of Unit#2 have been done so it is only speculation as to the existence of those same conditions within that unit. It is unfortunate that you find yourself in the position of having, by virtue of ownership, inherited this situation. Had the proper permitting procedure been followed the egress situation you currently are addressing would not have been allowed. This Office cannot be held accountable for work that was done.outside the law,without permits and without inspection. Once again I am sorry for the unfortunate situation that has resulted from this illegal construction, and will continue to work with you towards the correction of these deficiencies. If you have any questions please call the office at 978- 745-9595 ext. 386. Sincerely, osepth E. feJau, Jr. Assisant Building Inspector CC: file, Mayor's Office, Councilor Sosnowski LAMp®iT]NARK EytlV®OpSgIaOVE�Ery RINaAm93 583 Chestnut Street LYNN, MA 01904 INVOICE NO. , INVOICE DATE - 12/30/0 282 (781) 592-7016, FAX (781) 595-3069 1 SOLD TO: Jacoby, Maureen 10 Gifford St, Unit 1 Salem, MA 01970 05089 • .;F1'{ -Ejll'?ERNUMBER. , '� `._ DATE ORDERED ': r RAYMENT:DATE SALESPERSON " ..,,.,F .. , ;TERMS' ,• '.:, ,. NOM', 1/29/06 DESCRIPT(OAMOUNT ---------- --------Certified Plot Plan for 10 Gifford St. , Salem, MA- 1,000.00 MESSAGE: , SUTO�AL r'r 1, 000 . 00 TOTAL $1, 000 . 00 ` I maWLTma wwrtonu.ea. raw AT TO W-a-W[ OM ? E I c Kj i Oil ill iul i�j I , I ' i l �I a RSI t40119 IQ17 d! ili n. �f y1Y � 'I fi�JO 11, j A I Fi #r i rill itisj xi t'O had; i' 1 {l MI d f tl 1 I� I S f pl t l i y I li Ip Y Iid,tR di..Il Ey+' IrJI 1 � 1' II i 4'�YP���yp itl�J'i,i low y, .11:1 r ri y7FI� 4hiii I� i ly'1 yA M a it iirt Y.�7 N it+1 irlli'u141� G? kP71 i TV, Y u �iiyy' i it �yII II li, 'lld �Ci}.�� ROM r ilii tllii{��xli 9 II I � j �Ij t�I P. Nip�du�' IryF Iyl �j III II �1 Yr�?I �if�� III_ y FY rq � 7 & $1 �dJ .1, 1I JE 1;411 II V I I �� ' Ci •• >'f � � �"yyy� ��{"�xd �� Y�C �'v�, ll II'�� iY LL tlil I� IIu 116 ,p� �r idl � � ��I{gg Er OrM �I,' 4 a E VIII �yl ' " II( Ilq pkl'A X13 o • ,irl ly '..,I ,���e dfIJ1a � Ny@jfj§1 op$ �'•�b° 't I�,'yl fiv r��f�n�'I�idWt i�d L�u N 1 1 1 iv�'��u�.Jtl.� 51 y ° .E1ul'S'. I r` , _ �4P,t 1e x:�rr °�[S8 .�.'._ �}! ' y „ate :a., {� S,„ ° §',,,c� `E�. goat dam 711 Aaht 6trttt alfgattt. assatgttsetts 02451-8664 RICHARD F.DACEY(1911-1999) PHONE 781-894-2254-55 RICHARD F.DACEY,III FAX-781-894-4574 E MAILdflceydacey(gfl 1.00M - daM..daCW@vertronxWt February 7, 2006 Ms. Maureen Jacoby 10 Gifford Court, Unit#1 Salem, MA 01970 RE: 10 Gifford Court Condominium—Access Issue FOR PROFESSIONAL SERVICES FILE NO.: 131,83 LEGAL FEES: 10.17.05 Office conference with client 10.18.05 Letter to client 11.4.05 Letter to Attorney McArdle 11.4.05 Review correspondence from Salem Building Department, condominium documents and plans, and title insurance policy 11.9.05 Site visit 11.14.05 Fax to client 11.21.05 Letter to client 11.30.05 Letter to First American Title Insurance Company 11.30.05 Letter to client 12.15.05 Letter to First American Title Insurance Company 1.4.06 E-mail to client 1.5.06 E-mail to client 1.9.06 E-mail to client 1.19.06 E-mail to client 1.19:06 Letter to First American Title Insurance Company 1.20.06 E-mail to client 2.2.06 E-mail to client TOTAL AMOUNT DUE.............................................................$ 750.00 PAYMENT IS DUE UPON RECEIPT OF THIS STATEMENT n ' 1k k Job: No . EAT1Na Mg H JOB PHONE P4uMpIN�' P.O. Box 549 JOB LOCAT ON K R W. Lynn,MA 01905-0704 Master Plumber Lic#10943 .. cnY '= 781) 596-1111. (978) 741-1221 781) 231-2228 (978) 887-3064 occupar{Ts NAME NER'8 NAME �n _ FPj j /_ '1A )KESS 'O-. . �� _ - BUSINESS PHONE Y. STATE. 73P ..:� - V AD / TYP - iln Met DESCRIPTION OF WORK. cc ereby authorize the work described above and agree to the terms and Conditions as.stated on both-#Idea of this g, m:l recognize that aged and deteriorated,plumbing fixtures,piping,and appurtenances may no longer be rviceable,and I agree to hold Complete Plumbing&Heating Co.blameless for any damage or destruction to W. )se Items as a result of these conventional repair efforts.I agree to pay for all work,goods,and services U :elved:As a matter of policy,.refunds and or adjustments are made In the form of certificates towards future _ oduct or service purchases.l represent that 1 am either the owner of the property or the owner's agent,and have thority to order said work.A service charge of 1-1/2%per month(18%per annum)will be charged on all lances 30ore,past due. ❑A.M; GNATUTLM TIME P M REMOVE LEAVE R X ❑ ❑ SCRAP SCRAP PLEASE PAY FROM • NO STATEMENT RENDERED. SERVICE CALL L , - ID BY - D ❑Visa- -❑Discover INCLUDES TRAVEL FEE J. jCashr78Check No: _ er rd- ❑ Amex - (A DIAGNOSTIC FEE rvke Technicians Sign re `PROPOSAL#11 )� GNATURE (1 hereby ackn leg the sati a ory completion of PROPOSAL# the above de 6t ad work.) X. - ,p SUBTOTAL WARRANTY %SALES TAX MATERIAL WE SUPPLY WARRANTED ACCORDING TO MANUFACTURE - TOTAL JOB ERMS AND CONDITIONS UNLESS OTHERWISE SPECIFIED. - NORKSMANSHIP IS WARRANTED FOR 30 DAYS ON REPAIRS AND 1-FULL .LESS DEPOSIT EAR ON INSTALLA TIONS OTHERWISE SPECIFIED. # r 1 1 Gundersen Associates• 20 Central Street 02• Salem, Massachusetts 01970 To: Ms. Maureen Jacoby and Toni Fournier Date: 11-Jan-06 10 Gifford Court Salem,MA 01970 Invoice No: 200602 Project No: 05024.00 Project 10 Gifford Court Salem MA Modifications Period Ending: 6-Jan-06 There is due at this time for Professional Services and Reimbursable Expenses on the above project the sum of: $2,560,00 22 Hours 115 Hour $2,530.00 Total Fee: $2,530.00 Reimbursable Expenses: Plotting: $15.00, Printing: $15.00 $30.00 Total Due this Invoice: $2,560.00 Invoice for Professional Services Roger A. Tremblay Contractors, Inc. 10 Colonial RD., Unit 4 '•�r�� A 01970 CT0ILS ` Tell( 978745-3056 Fax: (978) 741-8370 February 13, 2006 Toni Fournier 10 Gifford Court Salem MA 01970 Dear Toni, Here is our cost for work at 10 Gifford Court. This price includes labor and materials for the following work: • Build new closet in the first floor living room. • Add(3)three new wood doors, with tru-divided lites on the exterior of the building. • Add(2)two new stonn doors. • Close off the illegal door in the first floor foyer area. • Build a new closet in the first floor foyer. • Enlarge the opening at the first floor back door to receive a new 36"interior door. • Use the existing first floor closet for a new egress opening. • Construct a new egress enclosure with stairs and roof as per drawings, enclose complete with one tru-divided lite window. • Construct new stairs from the back yard to the driveway. Stairs to be built out of wood construction. • All exterior work shall match the existing. • All interior work will be matched as close as possible. Total labor and materials: $32,500.00 NOTE: There is a$2,000 painting allowance included in this price. Please call me at 1-978423-7963 if you have any questions or need any additional information. Respectfully submitted, Jesse Tremblay Project Supervisor 4= Noysa Construction & Remodeling, Inc. 68 Loring Avenue,Salem, Massachusetts 01970 Tel 978.740.0543- Fax 978.740.0547 www.noysainc.com Toni Fournier 10 Gifford court Salem Ma,10970 February 06 2006 Gifford court Condominium Qouts-Egress Noysa Home Improvement agrees to provide labor and materials for the following specific work: 1. Obtain a permit from the City of Salem(Permit fee by owner). 2. Demo existing closet down to studs. 3. Frame as needed for new rear exterior door as per Gundersen prints dated January 4 2006. 4. Frame as per prints for rear porch and stairs. 5. Apply new fir decking as per print for porch and stairs. 6. Remove existing window on left side of house and fill in interior and exterior. 7. Frame in new door in place of window opening on left side of house. 8. Close in one existing door and window in basement and install one new exterior door. 9. Apply new asphalt roof shingles color to match existing as dose as possible 10. Electric—All demo, for above work if needed(allowance$250.00) 11. Plumbing—All demo for above work as needed(allowance$250.00). 12. Frame two new sets of stairs to get from back yard to the street level using pressure treated lumber. 13. Paint—All worked areas to receive one coat of primer and one coat of finish paint color to match as close as possible .($300.00) 14. Clean and remove all debris. TOTAL COST$35,340.00 NOTE: Owners to provide any special permits.This quote does not cover any incidental unforeseen condition. Signed Date ^1 ' ' O M A Riggillo, Noysa Cons on Remodeling, Inc. ALL MAJOR CREDIT CARDS ACCEPTED ^I /�/SR(� Y PAT GORE Q co P �� _-�V _-�G✓_ 1 ri�CL_— (/1//(���� Nv 0. JOB PHONE Jl DATE 0 ��� OWI-A) 'A I \ �B YYl N n JOBlOCAT10N — R , � 7D tl Ch9 DLA_�G_ PLUM P.0-P.O. Box 549 - O _ rotO*_ W. Lynn, MA 01905-0704 — —----- F1 Master Plumber Lic 410943 �Ln j - — /V .___— (781) 596-1111 (978) 741-1221 OCcuPANTSNAME-- ---------- - - - 64 nI y^ 1 �1 ,//� � (/77�I /n/' �/ (781) 231-2228 (978) 887-30 '" S _I VJvV New -(/(//_l__C�_- / /L! �!J(JCY- OWNEHS PHONE - (U - - - - OIVNEn'S NAME I NESS 0 --_—__ m L Stan rd R to Preferred Rate -- — - --- N ------ - 1 ®• CITY, SiAiF. ZIP i__'K I _ ----- R PJAI _9 -P '� Cs 7Z� -- R - -_ ' r� - -- - - B O � pLI JQ - w �� Nc _ A _ -1- - — -- A Preferred Rate _ _ - -- — Stand R Preferre Rate StandardRate. -- _ _ o -- --- - -- - --- --- -' P --- -- - � piarl//C�_70 6?mac r �-1—)e -- /61&' WW Al) ILL p �! � -- " ---- " A — ---- A __.. --- ---- --- -- - --- ----- Standard Rae Preferred Rate Sta a d Rate Preferred Rate v7 -- — - - " �� -- - - - --- - - - w L --7%7<57�t// OocuN --yU`ri s :TAI o619Ct Tyr CA/ex /11 a-7— 1ocor- Pa ,yTl � (Ff2 n q93,570, ad 4�J � Uv Foml�- INVOICE N0, 1Q2 FJF CONTRACTING ,A _ ORDER NO. INVOICE DATE 18 Barberry Hts Rd. Gloucester, MA 01930 DATE SHIPPED SHIPPED VA (978) 853-1696 FRMS NO. PCS. U/T. FOB TERMS - SOLD TO / O l FoRMA sr SHIPPED TO 5-14 �eK�i PV► a . . y(- �L�//%�? o? Gee/✓nwS' vvzi�,P/L 1. 7- t��a UPc% Ag eel 00 Op ` ' �/X mitis cps-a�� 4P15,410 voua--41 oil' `tom 0 Photographs of the rear of the house showing there are no downspouts. Mr. Simonians promised he would put downspouts in. He also promised the neighbors at # 8 Gifford Court he would put them in after they told him that over the years, the gushing water eventually eroded their stone retaining wall which they had to have rebuilt. The new retaining wall is visible in the left rear photo. The right rear photo shows erosion damage on the right side of the house due, again, to gushing water. We have learned that it is better to have no gutter at all than to have a gutter with no downspouts. The lack of gutters has also been a major contributing factor to major erosion in the back yard. We have a written estimate from F.J.F. Contracting quoting$650.00 for two new downspouts It also clearly states on page one of Tiger Home Inspection Inc., done on 10/99, notation #5 —Replace all missing gutter components. 1 t �.x.....:- _y i ��. �. k ,�,`E � � B' ..�;.. b ,�� w� . i ,;;�•` � , w e `•,. - - � ._-. �. ,,z.+. ..,, , �,.� „, , ^, , � _-- =�'.. f � s A `y ¢.rh1 A� i i i.�� � �, ;� 4 { �� ,p �'�' ,,.":, �f� "rr'1, ," J � i / > i � ,,,-sitz J� .:' / r �� ly �,, �� � -a. +�.� z?� gra a �.n ... 3. • ! '�'mc_._-.a.. ' �' .wi _ � �; I ----= _..___ � ,`r;R;µ ..... � t �a�. F[;'U' :E7r,ONES OF IRELAND FAX NO. :978 745 4999 J+n. 22 2006 04:03PM F1 i i I TO: Joseph Barbeau FROM: Maureen Jacoby DATE Jan 20, 06 j RE: Meeting Thursday night i Hi Joe, Toni just left a message on my machine that she's going to be out of the country next week and can't make the Thursday meeting. She suggested that you,Harry, and I could have a conference call with her that night from city hall. I told her I didn't think that was acceptable, that it's too important a matter and that we needed to sit down face to face. I suggested she either leave a message on your voice mail or fax you about what tithes she's available when she returns from her trip. Joe, I'm consulting a new attorney on Monday because I don't think my attorney has been y working hard enough on my behalf. Today I looked at the original violation notice from September 28, 05,that was clearly addressed to Toni Fournier,Unit#2,Gifford Court. It j stated that her property was in violation of two State Codes and/or City Ordinances. I can't 4 figure out how it wound up that my unit would be the one butchered. The solution to my unit is simple: move the bedroom door into the living room. It seems that the responsibility now for figuring out how to close off her upstairs is a matter for her and her attorney to figure out. Harry Gundersen has been looking at the problem from both an aesthetic and acoustical point of view. There is no perfect solution, but I'm firmly convinced that there is some way that legally her upstairs can be separated. My first thought is that some of the steps leading up to her landing at the top could be made level with her landing so that a door could legally be put there, and then some kind of lattice or other aesthetically pleasing woodwork could be put to I the right of the door leading up to her third floor stair case. That would allow for separation, even though ideally not acoustically the best solution. But which is more important? i Acoustics or legal issues? Harry has been concerned about the curves in the stairway. Well, curves can be dealt with. This entire situation in my opinion has gotten completely out of control. t i FROM :BYGiNES OF IRELAND FAX NO. :978 745 4999 Tan. 22 2008 94:04PM P2 I Ii jI don't think acoustics is that much of a concern. Right now, we have no insulation and when she is talking on her cell phone in the entryway, I can hear every word, I can hear her going up to the third floor,back down to the second floor, and always as the goes down to the first floor to leave. The common entryway is only for entries, not for living) If T can hear her coming in and out, why would it matter that am could hear me coming in and out? .And I'm l much quieter than she is. When we last met before the historical Commission, Jessica(last name??)mentioned that there was a condo on Federal Court that had a similar problem and they fixed it by putting French doors in and glassing off the partition. Is there some way you can find out which place jthat is? Jessica said that she thought the owners would be more than happy to show us how they handled the situation. I'll speak with you atter I've consulted a new attorney. I'm going to fight for keeping my Iunit in tact. It would definitely devalue my property. Toni has been concerned about devaluing hers, but why should I be held responsible? Besides, I'm again certain that changes can be made upstairs that won't affect the appearance of her stairway from an entrance point of view. I I i I I i r I I i i i ,I i FROM :BYGONES OF IRELAND FAX NO. :978 745 4999 ran. 22 2013E 04:04PN F'7 i I CITY OF SALEM, MASSACHUSETTS h pU9LIC PROPERTY DEPARTMENT i - IRO WASHINGTON STREET. 3RO FLOOR py SALEM. MASSACHUSETTS 01970 STANLEY J. USOVIGZ, JR. TELEPHONE: 978-745-9595 EXT. 390 MAYOR PAX: 978-740.9846 VIOLATION NOTICE PROPERTY LOCATION 10 GIFFORD COURT j September 28,2005 Toni Fournier Unit#2 10 Gifford Court i Salem,MA 01970 I Dear MS, Fourtuer; The above listed property has been found to be in violation of the following State Codes j and/or City Ordinances: i 780 CMR, State Building Code,Section 1010.2, states that the required number ' of exits from a dwelling unit is 1. 780 CMR, State Building Code,Section 1006.2.1, states that any required means of egress cannot be through a locked or potentially locked area. Required means of egress must be maintained at all times and supercedes all other codes. Said violations must begin to be corrected,repaired, and/or brought into compliance within 2 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. If you have any questions regarding this letter,please contact the Building Inspectors Office at(978) 745-9595,extension 386. Sincerely, i i seph E. Barbeau,J/ Assistant Building Inspector CC: file, Mayor's Office, Health, Fire Prevention, Councilor Sosnowski i i 6! f o , CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E. BLENKHORN Salem,Massachusetts 01970 HEALTH AGENT 508-741-1800 August 23, 1993 Charles Brophy, Kathleen Johnson, Laurence D. Healey, Martha Johnson 7 Sanborn Lane Reading, MA 01867 Dear Sir/Madam: In accordance with Chapter III,Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property located at,;10 Gifford Court Apt.2 occupied by Paul Milisci conducted by Virginia Moustakis, Sanitarian of the Salem Health Department on 8/12%93 @ 3:00 p.m. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct these violations in accordance with the enclosed report. Failure on your part,to comply within the specked time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health Reply to: R E. Blenkhorn, C.H.O. Virginia Moustakis Health Agent Sanitarian HAND DELIVERED TO OWNER/ T cc: Fire Prevention ✓Building Inspection Councillor Kevin Harvey Page 1 of 4 SALEM HEALTH DEPARTMENT 9 North Street Salem,MA 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: _PA.aL. M/Z/ SC / Phone- Add,ress, hone:AddressM St Apt. 9 Floor �? _ Owner m/�NS�7 Address: ae; �4 Inspection Date: r4-/a- 93 Time: 00�Om Conducted By: KLe64Lvj 6flyza ki.0 Accompanied By: ZZ?V?49T Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . N i > / i 917rd4M FtOOIC 11IFS &ee&eAl IV c �a P � 1 SOY xq r One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s). , -)W/vi /'��� Code Enforcentnt Inspector Este es un documento legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma. APPENDIX II(14) Legal Remedies for Tenants of Residential Housing The following Is a brief summary of some of the legal remedies tenants may use in order to get housing code violations corrected: 1..Rent Withholding(Massachusetts General Laws,Chapter 239,section 8A):If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in yourrent B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rant into court if a judge orders you to pay it (For this,it is best to put the rent money aside in a safe place. 2 Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any year to make the repairs.. 3. RrJWiat=Rent Increases or Evictions ProhihitP.t(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239, section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint he or she will:hays:to-show:a good:reason for the increase or eviction whichd&unrelated to your complaint.You may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid auto court rather than to the owner.The court may then appoint a "receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent 5. Breach of Warranty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and D=tive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulations,for which you may sue an owner. The Information presented above Is only a summary of the law.Before you decide to withhold your rent or take any other legal action,It is advisable that you consult an attorney.If you cannot afford to consult an attorney,you should contact the nearest legal services office, which Is: . Neighborhood Legal Services 37 Friend St. Lynn, MA 01902 (617) 599-7730 , w . . . L'.f.J/,�, i • � . i�/ ,� /, ,� ! /• ._ ."moi a // � i • WAWA �- .t/� .:►ft/ / ' Lam:vFAN / MF WO EWA �� ' / /!. . / iii .��.� i�v . -► ���.'�r /. � !: li .�s. s'si A _i .yip •,e ' �I dMOTWx / ! •/ _ / a►iC , li l New 0 is f/.—/ W-72111124 M- MMAff"IMMU . A ' I I _// • Mi M/ i A! .• RqZ/ice . / s / _ ,/ / a / // a" :S /ii 1 L/ f / VA JOA ��� . •/ ai s ♦ a 1 // 1 s i gpiiiiiiii!�i 111 :7_ s Page _ of y SALEM HEALTH DEPARTMENT 9 North Street Daia: Salem,MA 01970 Name: /" All L/.S (I / Address: /O Specified Reg # Violation Time 410. . . . S i2 2 Zqq3 s ►/ 1�77- MKS J� 2 ,v v W J A 0 /V R N .3JILIQI 7//&7,,P- ' /v 0 ry Summary of Property Action for Egress Violation — 10 Gifford Court TIME LINE: • Sep. 2005 building is found to be in violation of Building Code, as Unit#1 does not have two means of egress • Sep. 2005 both unit owners pursue an option to correct the violation that is mutually agreeable for both parties and share all related expenses 50/50 • Sep 2005 to Jan 2006 property owners hold several meetings with Historical Commission and Joe Barbeau from the Building Inspection Department • Dec 2005 City of Salem files Criminal Complaint against Victor Simonians for fraudulently presenting himself as a contractor • Dec 2005 Historical Commission approves first proposal for back entrance for Unit#1 • Feb 2006 MJ pursues alternate solution of double door entrance for front of the building. This solution requires reallocation of indoor space of units • Apr 2006 John Carr files suit against both owners of 10 Gifford Court and the City of Salem to refute the double door entrance that had been approved by the Historical Commission • Jun 2006 City approves a second variation of the back entrance based on drawing of from Jessica Herbert. The option extends the current side deck on Unit#1 around to the back of the building and adds a door into Unit#1 • Jun 2006 all parties Property Owners, Building Department,Historical Commission and Mr. Carr agree and approve the latest proposed solution • Aug 2006 Maureen engages John Carr to file suit against Victor Simonians • Sep 2007 property owners get approval from Asst. Building Inspector to replace existing decks @ 10 Gifford Court. Decks are of equal size with each being of exclusive access and exclusive use for each unit. MJ pays $4,233 TF pays $8,466, with the understanding that MJ is at the same time pursing fixes for additional Deck for Unit#I to correct violation at her expense • Jun 2008 TF seeks help from the Building Inspector to expedite the time table by which the work is completed for Unit#1, and is told to contact the State Building Inspector Office for any further discussion about the matter. Maureen Jacoby (MJ) purchased Unit 1 @ 10 Gifford Court on June 30th 2000; and was co-owner of the building with Victor Simonians for a 1 year and 10 months prior to sale of Unit#2 to Toni Fournier(TF). TF purchased Unit#2 10 Gifford Court on March 27, 2002. Although known unfortunately the egress issue was not disclosed by seller, Victor Simonians, and the independent inspection of the unit did not include an inspection of Unit#1, therefore the egress issue was not disclosed nor discovered prior to my purchase of the 2nd unit. The current violation is against the property at 10 Gifford Court, the solution to the egress for Unit#1 was approved in June 2006 by the Building Department and the Historical 2/23/2009 Gifford Court Summary v Commission of Salem. The approved solution requires work to Unit#1, by extending the current side deck of Unit#1 to the back of the first floor and adds a door in through the living room of Unit#1. The deck will be exclusive access and use to Unit#1. As co- owner of the building 1 have agreed to this proposed solution. In the 10 months between September 2005 to June 2006, (when the final approval for work to be done was granted by the city), Maureen and I pursued several options and incurred significant out of pocket expenses for lawyer, architect, land survey, and other inspection fees all fees were shared equally. Attached is the list of expenses. The tally of expenses was requested by Joe Barbeau for use in his suit that was filed by the City of Salem against Victor Simonians on November 16th 2005; and an updated version was requested and provided to John Carr in August 2006 for inclusion in the suit filed against Victor Simonians by Maureen. Once the city approved the final plan which involved a wrap-around deck for Unit#1, it was immediately apparent that there was no longer a common goal for Maureen and myself. My goal was to get the work done as quickly as possible and at the lowest cost possible while meeting the provisions of the building code; and ultimately to get the Certificate of Occupancy for Unit#2 which would allow me to put my unit on the market. While for Maureen it was in her best interest to seek the most from the project as it would not only correct the violation, it also provided an opportunity to add value to her property, Unit#1. The proposed deck will be exclusive access and exclusive use to Unit #1. This immediately adds value by increasing the outdoor space for Unit#1. Additionally, other features that have been proposed that increase the cost, yet at the same time appreciate the value of Unit#1 are things of esthetic nature i.e. adding lattice for privacy, using specialty woods, and adding a roof to the structure to provide additional storage space etc... I discussed with Maureen that if she chose to pursue a suit against Victor with representation of John Carr that I would not participate, but that I would grant her the right to pursue reimbursement for all the monies we collectively spent to date, and I would withdraw my expectation for repayment of my OOP expenses, in return for the work being done. I faxed the updated spreadsheet with all expenses to John Carr for inclusion of the suit that was to be filed in the summer of 2006 against Mr. Simonians. This allowed Maureen to pursue repayment for my OOP expenses for her own use, and it also provided her with freedom to make decisions about the construction that could increase the value to her unit. In April 2006 John Carr filed suit against 10 Gifford Court property owners and The City of Salem in refute of the then latest proposal that had been submitted to the city. Following the filine of the suit, I made an offer to Maureen in writing to purchase Unit#1 "as is", including the assumption of responsibility for any and all work required to that unit to bring the building up to code. The offer price was $145,000, 33%appreciation of her 2000 purchase price of$109,000. I saw this as reasonable way to resolve the disparity of position that now existed between Maureen and I. Sole ownership would allow me to independently address the matter of 2"d egress more rapidly and ultimately sell the 2/23/2009 Gifford Court Summary property. I never received a response to the offer to purchase Unit#1, and in August Maureen independently initiated a suit against Victor with Mr. Carr's representation. Based on previous discussions I understood that Maureen would complete the work necessary to Unit#1; and when the case settled against Mr. Simonians she would be entitled to all payments received, and I would not receive repayment for any of my expenses occurred to date. As stated my sole goal since discovery of this issue has been to obtain the Certificate of Occupancy for Unit#2. I have been pursuing this with the city, and specifically with Joe Barbeau since the issue of the egress was raised in the fall of 2005. I first approached the city to obtain a copy of my unit CO in the fall of 2005, when the issue of the Unit#1 egress was raised. I received a letter from the Building Department on October 5t'2005. This is when I learned there were never any certificates of occupancy issued for either property located at 10 Gifford Court. The letter also stated that"This office (Building Inspector) cannot be held accountable for work that was done outside the law, without permits and without inspection". On several occasions I contacted the department, always working with Mr. Barbeau to see if there had been any progress on the case against Mr. Simonians filed by the city, or alternative options available for me to get the CO for Unit#2. My last discussion with the city was in June 2008, I spoke initially with Tom McGrath on Monday June 23rd, and then by phone with Tom St Pierre, and finally it was suggested I speak with Joe Barbeau as he was most familiar with the situation. During this final discussion I asked Joe if the city could facilitate setting the timeline for the work to be done as it had been two years since the solution was approved, and I was again trying to put my house on the market. He responded that he had done all that he could, and that if I wanted to pursue the situation any further, I would need to contact the State Division of Building Inspectors in Boston. I understood just recently that shortly after this discussion Joe left his position and unfortunately the lack of the work being done had gone unnoticed by the department until early this year. I would like to leave this hearing with a solution and a time table for the work to be started, all proposals received estimate the time to completion to be approx 10— 14 days. Offer#1. I further extend the offer to rescind any right to monies recovered from current case filed by Maureen against Mr. Simonians; recovery of funds will provide Maureen with additional $7,625 of expense that I paid during the period of Sep 2005 and June 2006. Offer#2. I will pay Maureen today$2,059 which represents 50%of($8,350)the proposed cost of basic structure as quoted by Tanzella Construction($4,175) less $2,116 which represents my overpayment for the existing deck project which was completed in the fall of 2007. This is with the contingency that the Plaintiff of the current case filed against Victor Simonians is amended to reflect 10 Gifford Court, and that all monies recovered are shared equally between Maureen and me. 2/23/2009 Gifford Court Summary 0 Salem Historical Commission 120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970 (978) 745-9595 EXT.311 FAX(978) 740-0404 NOTICE OF DENIAL OF APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS RE: 10 Gifford Court On Wednesday,October 6,2004,the Salem Historical Commission voted unanimously to deny an application for a Certificate of Appropriateness from Toni Fournier for replacement of existing windows with 2-over-2, J. B. Sash Tilt Unit Tru-Divided-Lite Double-Glazed Windows. This action was due to the Commission's determination that the proposed replacement windows are not appropriate. Built prior to 1830, #10 Gifford Court is a late Federal style house. Existing windows on the house,,including double-hung 6-over-6,6-over-1,and 2-over-2 sash,represent a combination of inappropriate late 190i and early 200' century alterations. The appropriate treatment for a house of this period and style is wood,double-hung, 6-over-6, single-glazed, true divided lite windows. (See: The Salem Handbook 1977, p. 14; Commission Guidelines Notebook, 1984, rev. 1997, p, 36-38; and The Secretary Interior's Standards for Rehabilitation Interior's Standards for Rehabilitation, #2 and #6). Consequently,on Wednesday,October 6,2004,the Commission voted to issue a Certificate of Appropriateness for replacement of existing windows with wood,double-hung,6-over-6,single-glazed,true divided lite windows. (See separate Certificate). PLEASE NOTE: The applicant also has the option to submit a new application for wood,double-hung, 6-over-6, double-glazed,true divided lite windows. The Commission has not previously approved 6-over-6,double-glazed, true divided lite windows. In order to consider such an application, the applicant must submit a manufacturer's specification and either a salesman's sample window or the address of a local property where such windows may be inspected on site. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. October 12, 2004 Lance Kasparian / Chair cc: Building Inspector City Clerk S .oG_ oo �f Rat-AP, X31 — f k� T ¢� ,�� ;r - �.,' 4.. o IN 35rorLyM SD.fL <liDr4C 10 WAu. � 'TO Cq'R'PcNr'BrL. � (fO U r 2,r . SlT /0 1 "Gav 47" Estimate#1 Estimate#2 Estimate#3 Actual Expenses Landmark Survey $1,000.00 $1,000.00 $1,000.00 Michael McArdle- Legal Fees $900.00 $900.00 $900.00 Dick Dacey- Legal Fees $750.00 $750.00 $750.00 Complete Plumbing and Repair $138.00 $138.00 $138.00 Harry Gunderson -Architect $2,560.00 $2,560.00 $2,560.00 Loss of Work-TF 42 hrs. $2,625.00 $2,625.00 $2,625.00 Total Actual Expense $7,973.00 $7,973.00 $7,973.00 Further Work Necessary to comply with Egress Code Down spouts as agreed to install $650.00 $650.00 $650.00 Roger A Tremblay Contractors Incorporated ESTIMATE#1 Noysa Construction & Remodeling Inc ESTIMATE#2 35,34 American Steeple and Tower ESTIMATE1 #3 (verbal quote based on inspection of project site) $35,000. 0 Complete Plumbing & Repair $13,789.00 $13,789.00 $13,789.00 Harry Gunderson-Architectural design estimate to develop updated floor plans based on work done for inclusion and recording with master deed amendment. In addition to the changes in overall floor plan, it has been recognized the overall. building dimensions included in the master deed are not accurate. (verbal quote based on hr rate) $2,200.00 $2,200.00 $2,200.00 Mike McArdle- Legal fee estimate to execute and record necessary amendment to master deed based on new egress work (verbal quote based on hr rate) $1,500.00 $1,500.00 $1,500.00 Total Estimates $50,639.00 $53,479.00 $53,139.00 Total Actual and Estimate $58,612.00 $61,452.00 $61,112.00 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT o' 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 October 5, 2005 Toni Lynn Fournier Unit#2 10 Gifford Court Salem, MA 01970 Dear Ms. Fourier; In response to your inquiry regarding the Certificates of Occupancy for your building, a thorough investigation of our files turns up scant information concerning this property. There were no Certificates of Occupancy issued for this structure, nor were any Building Permits, or Plumbing Permits issued for this Condominium project. There is no street file, therefore there have been no actions taken against this property, nor casualty claims made against it. The card for this property contains minimal information, showing the first permit issued on 12/4/87# 1276 to rebuild the porches on the side of the structure, also listed is a permit issued on 1/11/00# 954-00 to re-roof. This lack of information within our files can only be attributed to a complete disregard of the legal building process by the developers of this condominium project. A recent inspection of Unit# l reveals fairly recent Kitchen and Bath work, a lack of adequate Smoke Alarms, and an illegal Egress situation. At this time no inspections of Unit`#2 have been done so it is only speculation as to the existence of those same conditions within that unit. It is unfortunate that you find yourself in the position of having, by virtue of ownership, inherited this situation. Had the proper permitting procedure been followed the egress situation you currently are addressing would not have been allowed. This Office cannot be held accountable for work that was done outside the law, without permits and without inspection. Once again I am sorry for the unfortunate situation that has resulted from this illegal construction, and will continue to work with you towards the correction of these deficiencies. If you have any questions please call the office at 978- 745-9595 ext. 386. Sincerely, oseph E. Barbeau, Jr. Assistant Building Inspector CC:'file, Mayor's Office, Councilor Sosnowski LANDMARK ENGINEERING & SUIRVEYANG9 INC .: ... 583 Chestnut Street LYNN, MA 01904 INVOICE NO• = INVOICE DATE - 12/30/0 282 - (781) 592.70266 FAX (781) 595-3069 1 SOLD TO: Jacoby, Maureen - 10 Gifford St, Unit 1 - Salem, MA 01970 - 05089 zY 4 O'QR;,HASE ORDER NUMBER. '. DATE ORDERED " . PAVMENT-DATE 'SALESPERSON,., NOTES 1/29/06 �1F,t,�6{EFEP�'ENCE�. :' DESCRIP.T(bN_ - 'AMOUNT ------=--- --------Certified Plot Plan for 10 Gifford St. , Salem, MA' 1,000.00 �St1BT L MESSAGE: r '- 1, 000 . 00 E SP�LE�T�X a;'�SHIPPING TOTAL $1, 000 . 00 MONCF131118 FON.1TW TO FIT COMPANION 00 OV-O-VUE ENVROPF. PRIMED IN U.N.& E _ I s 53.179/113 .. 1 0 7 6 04OM7651 10 GIFFORD COURT TRUST DATE K FAY TO THE v $L ^^ - ORDER OF ��— DOLLARS 8' �- € 324 Eastern Bank .EpATEA�IUe�eYe/mlaQnk.rom - MEMO •1 � TONS Iy�-EOURNIER - 0-GIFFOEb4:OUA7 _ — - `--767712119 r_ -SA�EM�MA 0797Q = _ 609 _ - z - '�Dot{ars �= � `{ � Clttzens G a Account = _ aeric GFt�zens-Bankes I K �MLE�1 - .Atfamus id,TAW 711 INsta Otreet 3�altllam, �lsssaxltuseYts AZ451-II6II4 RICHARD F.DACEV(1911-1996) - PHONE 781-894-2254.55 RICHARD F.DACEV,III FAX.781-894-4574 E MAILdaoeydacsy@aol.com - - dacey.dacey@verizon.net February 7, 2006 Ms. Maureen Jacoby . 10 Gifford Court, Unit#1 Salem, MA 01970 RE: 10 Gifford Court Condominium—Access Issue FOR PROFESSIONAL SERVICES FILE NO.: 131,83 LEGAL FEES: 10.17.05 Office conference with client 10.18.05 Letter to client 11.4.05 Letter to Attorney McArdle 11.4.05 Review correspondence from Salem Building Department; condominium documents and plans, and title insurance policy 11.9.05 Site visit 11.14.05 ; Fax to client 11.21.05 Letter to client 11.30.05 Letter to First American Title Insurance Company . 11.30.05 Letter to client 12;15.05 Letter to First American Title Insurance Company 1.4.06 E-mail to client 1.5.06 E-mail to client 1.9.06 E-mail to client 1.19.06 E-mail to client 1.19:06 Letter to First American Title Insurance Company 1.20.06 E-mail to client 2.2.06 E-mail to client TOTAL AMOUNT DUE.............................................................$ 750.00 PAYMENT IS D UE UPON RECEIPT OF THIS STATEMENT ' n � 3L i �2 Job NO" — 4 y NY *f N6 8•Hr � ,�`,�t r �h .C•l'I' JOB PHONE G i`• JOB LOCATION n {(p x O. Box 549 y W: Lynn,MA 01905-0704'. sF . Master Plumber Lic#10943 s CITY t 781) 596-111,1 (978) 741-1221 " 781) 23.1 (978) 887-3064 OCCUPAN 3 NAME NERS 'TacA 16.4 - / -P o..: r PH` OC.7 )REBS / �'- BUSINESS PHONN E rc� r Y STATE;ZIP //� M.A.. AD TYP 'DESCRIPTION OF WORK a 0-. Wp ereby authorize the work described above and agree to the terms and conditionsas:stated on both sides of this Tri.-I recognize that aged and deteriorated plumbing fixtures,piping,and appurtenances may no longer be O rviceabie,and I agree to hold Complete Plumbing&Heating Co.blameless for any damage or destruction to y oas items as a result of these conventional repair efforts..I agree to pay for all work,goods,and services :eived.As a matter of policy,.refunds and or adjustments are made In the form of certificates towards future oduct or service purchases.I represent that ham either the owner of the property or the owner's agent,and have thority,to order said work.A service charge of 1-112%Per month(18%per annum)will be charged on all lances 30 more.past due. pq M. - - TIME REMOVE 1 LEAVE GNAUR X ❑P M. ❑ -SCRAP ❑ SCRAP. PLEASE PAY FROM • NO STATEMENT RENDERED. SERVICE CALL [ID BY v�7 ❑Visa '. ❑Discover INCLUDES.TRAVEL FEE J• JCash 0Y heck No. OM at b Amex - Yt'' DIAGNOSTICFEE vice Technicians Signature -"PROPOSAL#7- GNATURE (I hereby acknle6gefthe satisfeclory completion of PROPOSAL# the abovedes ribed work.) X r 1pu: $L1'TOTAL ... WARRANTY %SALES TAX HATERIAL WE SUPPLY WARRANTED ACCORDING TO MANUFACTURE =RMS AND CONDITIONS UNLESS OTHERWISE SPECIFIED. OTAL JOB _ LESS WORKSMANSHIP IS WARRANTED FOR 30 DAYS ONAEPAIFiS AND 1-FULL DEPOSIT EAR ON INSTALLATIONS UNLESS OTHERWISE SPECIFIED Gundersen Associates •20 Central Street 02• Salem, Massachusetts 01970 To: Ms. Maureen Jacoby and Toni Fournier Date: 11-Jan-06 10 Gifford Court Salem,MA 01970 Invoice No: 200602 8 Project No: 05024.00 Project 10 Gifford Court Salem MA Modifications Period Ending: 6-Jan-06 There is due at this time for Professional Services and Reimbursable Expenses on the above project the sum of: $2,560.00 1 �` 22 Hours @ 115 Hour $2,530.00 I % Total Fee: $2,530.00 Reimbursable Expenses: Plotting: $15.00,Printing: $15.00 $30.00 Total Due this Invoice: $2,560.00 Invoice for Professional Services Roger A. Tremblay Contractors, Inc. 10 Colonial RD., Unit 4 'o�t4�C700.5 Salem, MA 01970 Tel: (978) 745-3056 Fax: (978) 741-8370 February 13, 2006 Toni Fournier 10 Gifford Court Salem MA 01970 Dear Toni, Here is our cost for work at 10 Gifford Court. This price includes labor and materials for the following work: • Build new closet in the first floor living room. • Add(3)three new wood doors, with tru-divided lites on the exterior of the building. • Add (2)two new storm doors. • Close off the illegal door in the first floor foyer area. • Build a new closet in the first floor foyer. • Enlarge the opening at the first floor back door to receive a new 36"interior door. • Use the existing first floor closet for a new egress opening. • Construct a new egress enclosure with stairs and roof as per drawings, enclose complete with one tru-divided lite window. • Construct new stairs from the back yard to the driveway. Stairs to be built out of wood construction. • All exterior work shall match the existing. • All interior work will be matched as close as possible. Total labor and materials: $32,500.00 NOTE: There is a$2,000 painting allowance included in this price. Please call me at 1-978-423-7963 if you have any questions or need any additional information. Respectfully submitted,------;, Jesse Tremblay Project Supervisor Noysa Construction & Remodeling, Inc. 68 Loring Avenue, Salem, Massachusetts 01970 Tel 978.740.0543- Fax 978.740.0547 www.noysainc.com Toni Fournier 10 Gifford court Salem Ma,10970 February 06 2006 Gifford court Condominium Qoute-Egress Noysa Home Improvement agrees to provide labor and materials for the following specific work: 1. Obtain a permit from the City of Salem(Permit fee by owner). 2. Demo existing closet down to studs. 3. Frame as needed for new rear exterior door as per Gundersen prints dated January 4 2006. 4. Frame as per prints for rear porch and stairs. 5. Apply new fir decking as per print for porch and stairs. 6. Remove existing window on left side of house and fill in interior and exterior. 7. Frame in new door in place of window opening on left side of house. 8. Close in one existing door and window in basement and install one new exterior door. 9. Apply new asphalt roof shingles color to match existing as close as possible 10. Electric—All demo, for above work if needed (allowance$250.00) ., 11. Plumbing—All demo for above work as needed(allowanoe$250.00). 12. Frame two new sets of stairs to get from back yard to the street level using pressure treated lumber. 13. Paint—All worked areas to receive one coat of primer and one coat of finish paint color to match as Gose as possible .($300.00) 14. Clean and remove all debris. TOTAL COST$35,340.00 NOTE: Owners to provide any special permits. This quote does not cover any incidental unforeseen condition. Signed ,J G sem, Date -2 610 O(o MA Riggillo, Noysa Cons on Remodeling, Inc. r i ALL MAJOR CREDIT CARDS ACCEPTED f J � I�I� UrUOML. PAY CODE . P ✓V tL,L.L' r. iL'] I �—!�L�� �l-- 1 1 j-{� ' 11p(A±'11NO. JORPHONE (DATEVj / D/ 5#' / !V'/ 10i JOD LOCATION O G 7D I-16y✓ i9 D1S� �,�uti►�►N P.O. Bax 549 MA --- / W. Lynn, MA 01905-0704 P �n� �y[ �L �n l ---�� (i Master Plumber Lic#10943 cin n+( j �— Gl%Gi/V (781) 596-1111 (978) 741-1221 occuPANrsNa.,e N' – (781) 231-2228 (978) 8$7-3064 — -- A7 (LL/L L� W (�L1�1 J�C��CJ— O'rYN ER'S 1:4b1E '— —----- OWNERS—PHONE — 11(Y� /T7 �!� l� AJogS BUSINESS PHpN'c m L Stan rd R to Preferred Rate — R `I1 iC� 70 r , r ,f -- a s. -- _ - - --- - h'N� S�/IiI�J -21112 _ A' A - -- - - - -- --- - n L StandaN1�1�1 __—_ 1_l�l _ -- ---- ° - — Preferred Rate L L Rates i Preferre Rate Standard Rate — _.— r ,all _ p _fel SSS �VOIJ7 'e 1VM 1�M� -- - O OMWi1 lN�: 9��' y p G��� z v �pvl/ir� G�y� 'if�iNCg -- CL co r — - --- - A --- — — --- A --- — — -- -- — N - --� -- -- - ----- --- - - - - --Preferred Rate - Standard Ra e_ i_ Preferred Rate_ _ Standard Rate _ J v L clu�s �r a-r Lorhcg— f PG , h Ti l� h?z A 7- �� � Uv FJF CONTRACTING INVOICE N0, 102,E ORDER NO. INVOICE DATE - 18 Barberry Hts Rd. Gloucester, MA 01930 DATE SHIPPED SHIPPED VIA _ 4 (978) 853-1696 No PCS WL' FOB TERMS SOLD TO / O FW S- SHIPPED TO �t;1Rlk uPRi,CF Y TAL RR ICE Z�f�d O� l✓��S , /sT� /C;P/00 ee,1 z;/.," 7r- A-- r- /l cGitoUg �l� lr�l: A--U1� o? m�d5 v✓/ P/L /57- Hoa ( � A-z"wo eve 'Z1,07 , 4�Vyy /z;-- CIO Photographs of the rear of the house showing there are no downspouts. Mr. Simonians promised he would put downspouts in. He also promised the neighbors at # 8 Gifford Court he would put them in after they told him that over the years, the gushing water eventually eroded their stone retaining wall which they had to have rebuilt. The new retaining wall is visible in the left rear photo. The right rear photo shows erosion damage on the right side of the house due, again, to gushing water. We have learned that it is better to have no gutter at all than to have a gutter with no downspouts. The lack of gutters has also been a major contributing factor to major erosion in the back yard. We have a written estimate from F.J.F. Contracting quoting $650.00 for two new downspouts It also clearly states on page one of Tiger Home Inspection Inc., done on 10/99, notation#5 —Replace all missing gutter components. 1 a AN was . �. f Wsv�.� -� tII 1, II a I 1 rP,N I p. n J �' ` . _ TO: Joseph Barbeau FROM: Maureen Jacoby DATE: January 6, 2005 Dear Joe, Yesterday Toni and I had a phone conversation in which she informed me that she had spoken with you yesterday about certificates of occupancy. I'm not sure if I understood her correctly, but she seemed to indicate that the City of Salem would come in and inspect the building if certificates of occupancy were involved --?? If this is true, I'd be delighted. As I told you during our last phone call, Toni did not agree to share the $495 it would cost to have the building inspected and argued with me about what good would come out of it. I tried to explain to her that if a new building inspector found out that the recommendations made in 1999 were never done,that Victor could be held responsible and pay for the needed work, as opposed to us in the future having to pay a plumber thousands of dollars that we could have recouped. I also tried to explain to her that from the beginning of this entire predicament, both of us, as The Gifford Court Trust, should have joined together to fight the real culprit, Victor Simonians, and that instead, she has pitted herself against me as the culprit in all of this. And that together, we both should have been meeting with you to discuss the need for plot plans, certificates of occupancy, etc. If what she told me is not accurate, I'd appreciate it if you'd let me know. You can leave a message on my answering machine: #978 744.5820. If it is accurate,I thought it would be helpful for you to have a copy of the Tiger Home Inspection Inc. they had done in 1999. I've checked off columns that indicate"Further consultation with a contractor is advised." If he did pose himself as a contractor, it could be that none of the recommendations were followed up on. I gave my lawyer a copy of this report and recommended he speak with you,but I don't know if he has. Harry Gundersen is coming today at 2.00 p.m. to take measurements. If Toni and I have any questions we need to run by you, I'm going to tell her we need.to do it together. I also told her that you've had a super-human amount of patience in talking to both of us separately and that it's impossible for you to keep track of what you said to each of us. 1 Thank you, again, Joe, for the amount of time you've put into helping us resolve this extremely complicated situation. If you have any further thoughts about this, please inform me and Toni about them. Many thanks again. Sincerely, Maureen Jacoby 2 TIGER HOME INSPECTION INC.° HIRE THE EYE OF THE TIGER 781 -849-0088 AN AGREEMENT Congratulations on your expected purchase!You have made a wise decision in having your prospective home inspected. Our Inspector will present you with an objective, general evaluation of the home, consistent with the professional practices and standards of the home inspection industry.To understand the report,you should read the entire document including all pre-printed and hand-written materials,and please read the Important Information section on each page.Each of these areas provides critical information. Please note that this inspection is limited in time and scope and not all repairs or defects may be discoverable at the time of this inspection. Our inspectors present observations that are based on the visual examination of accessible areas of the property on the day of inspection. There is no destructive testing, probing or dismantling of any components. We cannot predict the future life expectancy or sudden failure of any component.This report is not an engineering study,nor a substitute for an insurance policy, Home Warranty package (ask your broker or Tiger representative about a Home Warranty), or a Manufacturer's Warranty. You can certainly understand that we cannot see through walls, remove insulation or suspended ceiling tiles, nor enter crawl spaces that are less than 3 feet. We cannot enter attics that are not specifically designed for safe pass through. This report does not warranty the absence of wood-destroying insects. It is, however, a visual, non-destructive investigation for indications of previous or ongoing activity in readily accessible.areas. Future repairs or renovations may reveal defects or wood-destroying insect activity that were not discoverable during the inspection.Tiger is not responsible for damage which is concealed or not accessible at the time of the inspection. If wood-destroying insect activity is discovered during the interior or exterior inspection, that activity will be documented on the report. No evaluation has been made regarding air, soil, lead, water, waste disposal or sewage systems, asbestos, urea for- maldehyde, lead paint, molds,radon, piping outside the foundation, natural or propane gas fittings or regulations,swimming pools, telephone or alarm systems or out-buildings. This report does not include the detection of rodents or general pests. We do not make an assessment of compliance with building codes. Tiger is not responsible for pointing out repairs needed to bring-the home in compliance with current building codes or other regulations,and we do not report on whether the property may be lawfully used for rental, business or any other purpose. Please be aware that only those components specifically mentioned in this report have been inspected and those components not included are not part of this report. We do not make any representation, implied or otherwise, concerning the condition of non-inspected areas.You should evaluate concerns about specific components with a qualified specialist and act upon any comments or recommendations before continuing with your purchase. It is important that you further evaluate those areas not included in this report as well as those items recorded as NR,B or C.Tiger is not responsible for repairs on any component rated B,C,or NR.This report will not necessarily reveal all defects on the property and should not be used for negotiations. In the event that you believe the condition of a component has not been accurately disclosed or that a particular component has been omitted from the report, it is your responsibility to notify Tiger and permit us to investigate and evaluate the situation before you take any corrective action. It is agreed that Tiger is not responsible for costs associated with repairs made prior to Tiger's investigation. Now that you have read this agreement and understand it, and all your questions have been answered, we thank you and trust that this report will assist your decision-making process. If you should have any further questions, please contact your inspector. Tiger reserves the rightto retain the Inspection Report if the fee is not paid for at the time of the inspection.This Inspection Report is for your exclusive use, and is not transferable without the expressed written consent of Tiger Home Inspection. If the Inspector is requested.,to go back to the property after the inspection to check a component that was turned off or rated NR, there will be,a $75x00 charge. An additional charge of$75.00 will apply to all requests for typewritten reports. v� Please sign below acknowledging that you understand our Agreement and wish to proceed. /� l� (>/ :.•4 ,..•ar+-....�,.. ...m.. /0-/Y.T3 __j RCy d td.d_LSi'IF= l� /S�7 Client Date Inspector Date PROPERTY INFORMATION: WEATHER & SITE CONDITIONS: f() (7, 67 Temperature Ull Street SY41,1-kn M111 Ground Condition NI&P Town State Zip bow) $ Z Climate Condition: Inspection Type Inspection Fee Current SWU Past Day 4JJnJ Individuals Present Radon Number 2.1`i9- The above authorizes Tiger Home Inspection to conduct a Home Inspection on the referenced property. REVISED MARCH 1999 - r '' TIGER HOME INSPECTION INC.° HIRE THE EYE OF THE TIGER Z Our rating system is as follows: A: Indicates item is functioning as originally intended. B: This item is functioning less than originally intended.Maintenance,repair or upgrade is suggested. C: Caution is advised with this item,as it is not functioning. NR: Not inspected.No rating. A: Further consultation with a contractor is advised. 6C r kZGVIvv) b{OI' o-(-� WFI )UIS.r2GPe {f5 ArT T 1 ML Lf,( Ar YT4nd� )O l rr5 t h [ht L (`x7k uGV EXTERIOR tffw 6,1- V* a2eu(d SiI� ret rsc eQ ! tc i 2CH6S "ro I ut�t Ss� s �C w xr'� vtt°orgy{- r a s a��ra -rcw a r,tm�(,v rIV7 I41,?1� iTrl. A IS C NR A, 1. Roof type Pl"fCr-YE.3'1 . . . . . . ❑O, ❑ ❑ ❑ Ylicfl� 4T)NevPlt-tiPS "A,fi',G,-]" �rrui.t?oCi�irel, !� c+3 Surface type f`f`.iY+"H&4't..T�M I x� , , . . . ❑ & ❑ ❑ --r-rhlL 1­-71,r)6r- I-r-t L-7C,A.aV1?irrfd r,Vr.-FUU ALTI r;te rtl+<If�How viewed 6ldd/A.49 Gil( !-'7,VGt LQJYj A,.-nrn u7 2oAd? 2. Exterior of Chimney: See Comment E . . ❑ 0 ❑ ❑ {�Y'Forr'iAC4: i ,Ayiy+tp-y-j CC#,�g y- a y^r�rr�tfi!'7``rn`i' (Flue Liner not included) . type OeICK cleanout N t , �7 �� «bIM1h9�?UT '"E Fac--Iry St,-rS t'C+tmll l�TTr , cricket flashing sealer I� " fY, <�', . a_§apn wf, 1\CTt r-> v1 f t1 n++n t^1 la jflF(7' d ,,im y r r 3. Exterior siding: Type 4UG1il' UdVX0). . ❑ d ❑ ❑ fA;rC 0 (40411, / SVr'tt rz, 141I TP-Ir2e�t7t �tucrr ;t,d Acre, , r is 4. Exterior trim: Type WC-L-0 . . . ❑ ar ❑ ❑ ,1 ', AlvM,s9t. IA:',r�1:1_71c;tr�nAra(u-rn.nnd6. rnnl/rtt-7J 5. Exposed gutters and downspouts: 5('tf'64r C Y'V2.141C 4- PM,rt`7� t x _t r-- 'K- (ac'7"") Si kria'.E? Type fk1&['5) METAL- ❑ ar ❑ ❑ � � r>s n.+-�-nra1 -rrru,y'V;rt✓'T. rz{aroxu= AatY t�sraas�t"J> � cTt7 6. Perimeter drainage and grading . . . . . . . IIIc ❑ ❑ ❑ '} INA&S-_n/,AT!r- 4trl3>Atf ,g rrb"rcivA a'4t/(k/Jlp 7. Basement windows I❑-' ❑ ❑ ❑ r❑`; az. .f2{-rfr_)fe r';F Sl oI&I a-u r<,L-rtpE mefj I-g a) 61 h"F5(• r(zr'= fS 8. Window wells ❑ ❑ ❑ ❑O h'p70ut:rif)t,i� - 9. Exterior faucet . . . . . . . . . . . . . . . . . . . . . ❑ ❑ ❑ 0 111=311 10. Electric service entry . . . . . . . . . . . . . . . . ©' ❑ ❑ ❑ (S) Sbl:' CCttgtrq CTb`7 "n' Lia=7MJ PV7{ctr sAtt VVU45tA�(i i 0 weather head/drip loop O meter(yr- VT rF12 f( tq r' x 1:l'S wGY rl C 'rz i�S r r ( 1 a_ v1N V .ti ❑underground ❑O service amperage_ Yuftgp+ti7l_gl.�9f.CI=. (YXvR�7 t4 Cr'rl'rYCr4rz7aP 4it-T�,7Lh�l_ 11. Exterior outlets . . . . . . . . . .. . . . . . . . . . . ❑ ❑ ❑ OJ,,f '.. �iFltAtli 1ti14V f7= rkSltr2d'9l - 12. Exterior lighting/Oil fill pipe . . . . . . . . . . . . ❑ ❑ ❑ car�p 13. Walkways Type VUV(11LrVr . . . O' ❑ ❑ ❑ 14. Driveway Type K)IW . . . . CI.,.❑ -CE1° Z,j, ._._._..w_......_..-._..vim _.... 15. Attached decks,/perches/stairs-^"'" ;j (�d')tJl�l rvtl,dr VISsr 1` •..O/front _ 'Type CGU(VAl . . . . & ❑ ❑ ❑ �g (i) s.JI W C9 rear Type MOCK,LUL''I71. . . ®' ❑ ❑ ❑ ❑e is bu I iF.ur�} , COIaL". Yis N I`xrtrK )t�rrrr� +'rXC� OO side Type WCC . . . ©r ❑ ❑ ❑ (fh) UI14 16. Patios Type_ Q I A . . . . :3 LI ❑ O 4—V I2iiwaYi 17. Retaining Walls within 1Oft of structure ct ❑ ❑ ❑ IMPORTANT INFORMATION PLEASE READ: A. Manufacturers of asphalt shingles,on average,provide a twenty year warranty.This should not be confused with the actual roof life.Actual roof life cannot be predicted due to many variables. B. It is advised that reserves be set aside for repairs or eventual replacement. It is suggested that no more than two layers of roofing lie on the roof. C. Check flashing yearly.D.To prevent water damage to roof,sheathing,walls,ceilings and structural members,gutters and down spouts must be kept clean and clear and free of debris.It is suggested that you check periodically to ensure all is working well. E.Local regulations in some communities require the presence of a flue liner when using certain fuels.Consult your local authorities. F.Window wells should be cleaned annually. G.Exterior faucets should be drained during the colder months to prevent freezing. H. Driveway should be sealed to extend its life. I.The underside of decks and porches not accessible at the time of this inspection should be made accessible to check fordamage,rotor infestation.J.You should verify the roof's age through the broker,owner,or contractor.Also seepage 8,Comment D. K.Wood contacting the ground is conducive to wood-destroying activity.Therefore it should be removed or maintained. REVISED MARCH 1999 TIGER HOME INSPECTION INC.° HIRE THE EYE OF THE TIGER 2 Our rating system is as followsFA : A: Indicates item is functioning as originally intended. B: This item is functioning less than originally intended.Maintenance,repair or upgrade is suggested. C: Caution is advised with this item,as it is not functioning. NR: Not inspected.No rating. A: Further consultation with a contractor is advised. GARAGE AND BASEMENT A B C NR A ❑ Garage:' Type Alfa A10 f/1f7/-I(;1- 1. Foundation: Type . . . . ❑ ❑ ❑ ®'' Q',. 2. Floor: Type . . . . ❑ ❑ ❑ p ❑j- (1- IV/A 3. Wall: Type . . . . ❑ ❑ ❑ O�„Q:i' 4. Sill ❑ ❑ ❑ dam. l 5. Automatic door opener safety control . . ❑ ❑ ❑ hJ'-Q 6. Doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ ❑ Lff Q'. ❑ locks ❑panels ❑ rollers - ❑springs ❑windows ❑track 11,10 7. Fume barrier . . . . . . . . . . . . . . . . . ❑ ❑ ❑ ❑ 8. Fire door . . . . . . . . . . . . . . . ❑ ❑ ,'Q Ow�Q= 9. Fire grade sheetrock . . . . . . . . . . . . . . . . Ll ❑ "0 0'`:Q 10. Roof: Surface . . . . . . ❑ ❑ ❑ &,q �itr15 (rUIi1ik !3 C ' rsul CAA i 11 Other . . . . . . . . . . . . . . . . . . . . ❑ ❑ ❑ Q: 0 Basement: () fdAlik Ok- rt-f0lXPk A MAY FP ()P- tk'07) 1. Foundation: Type (j(r'!L!< rS7On�ds' . . ❑r ❑ ❑ ❑ ❑, iVhdUl`Mnv Islrt:FitPlZ"1. 2. Floor: Type 0ON(I t—'77= . . . 11 ❑ ❑ ❑ „Q.• 3. Crawl area . . . . . . . . . . . ... . . . . . . . . . ❑ ❑ ❑ & ❑, Yd[-l(:tYo` Dt=�IL,Rd - tl C7T3'YZI-f) C< X71"RfA) Ci"mirn rl(ii Insulation Depth TC) 1!KUIIIR.-rCG1Mfl ki-l6'(C . Ell ventilation ❑ vapor barrier How viewed . . . i C3)k)ItA 4. Basement Windows . . . . . . . . . . . . >, ❑ ❑ ❑ ❑ 5. Load bearing girders:Type G-f fShc{J ❑ a ❑ ❑ z#❑_5;)%t66dlrTii 17(ILPJL)' PfC " R" 1 NYV,ACe6 N,rrilY� "77kr<t t i(Y{{'v"T 6. Support columns:Type 6VCUT,WtL-Td'ft_ Ll [�' El ]y _UJ61 cp(,IVZrW- kiISTS MAD51UC ((=1b9it7t A.4?v(k`D (ldihlf.:7" 7. Sill:Type (SX`l.'�(? ❑ ® ❑ ❑ ❑' (i} CUl"ClkihJ-7CIh rUC rt"h- 1=1.+'v't.1,81-7ii�1 v Cf Y'CrIA"T I l l5 8. Subfloor: Insulation (y./ Depth_ p' ❑ ❑ ❑ Q ACffr) )()ISrSIr q2n - Fv"Ck17i I'A175( "'00fYTrdYaYf < 9. Joists:Type Wii` r) ❑ Q' ❑ ❑ ❑, GVi` AA41`J Ll`f)77E"P7) 10. Wall framing: Type 11. Chimney: Type $C2(C_df XZ) ❑ (Er ❑ ❑ ❑r 5 "1 i-) laGNtCU76{ CtATVZa1{?Z;if” Gast-Y? rc.GPant4 /ot''!d¢64fl1' (Liner not included)Clean out �� 12. Bulkhead/ wa"fiut> .. . . ❑ Q ❑ ❑ Q- - . . . . . . . . . . . . . _ a/ ood D"door ❑ metal - �) ELVAn: r 1 r Kl Ek'r-waft d Il WU rl-A -rb i14Y9tA-Alit i S Ttt''L C7= 13. Water penetration and dampness ' I LH 7n,i l F.�1'7'r%_ .,(-La-F2(' JUn)1raf%i7C+l. �'r""l�Vx7f'If¢, See Notes F and H *�-�- �--- 1/�mriy7:cchSu7'i �rit�2ue(7�e ❑ No visible or accessible evidepce-'"'" _ at time of inspection , .� A-Z)n1mA1A' II�NWF t" ..- 'n IE) (/'K`fFi'(''{.)d' TYf'ff Yl YIt 11h(�4- fft1.1" IJ Evidence.notedattimeof inspection (See Comment H) D Water stains: Location 1,iA-VL �C-141 f %'.I Ilk P6ZT OL[S44ii6Y\,('d S4P06F SL'i1 (C)1U4a111%71" "F= 1( ' 0Efflorescence: Location tArIPilS lFIC(y1 C341(AA) . ❑ Sump pump ❑ Yes a No ❑ French drain ❑ Yes Q/No F-vinytm (s*,#`cAE)r "T) PIVRAA,f-Arr _ rxl UAU,,( ('6L60lii -rt'k�ctXr '7', S1SG` tr'x,-1,tA,�r "r-' e�s�rntia . IMPORTANT INFORMATION PLEASE READ: A. Fume barriers,firegrade sheetrock,and fire doors are required inmost new construction.For safety,if your attached garage does not have these features you should consider addingthem. B. Minor cracks in basement walls and floors represent normal shrinkage.To reduce possibility of any water penetration they can be filled with hydraulic cement. C. Cracks that are offset or"V"shaped are signs of differential settlement.This inspection cannot determine if movement is continuous-consult owner or professional for history. D. Examination of structural members,walls,floors,ceilings,wiring,piping,etc.,cannot be conducted.These areas are partially finished,rendering these items inaccessible. No destructive probing or removal of permanent or non-permanent partition or tiles is performed. E. Lumber,trees and adjustable columns are subject to shrinkage and deterioration;while they are acceptable undermost circumstances,cement filled steel lallycolumns are preferable. F.Efflorescence is the white powdery substance often evident on concrete walls and floors.It is usually an indication that dampness or water penetration has occurred at some time. G. It has been noted that proper ventilation should be maintained to minimize deterioration of structural members caused by a variety of sources. H.The evidence,source or amount of water penetration may not always be observable at the time of this inspection.Tiger suggests you consult the owner for a historical perspective of whether evidence of water penetration has been noted or not. I. The sump pump and discharge lines should be checked regularly.Sump discharge lines should extend approx.15 ft.from the house.Unless water is in sump well oreasily obtained,complete sump action will not be able to be ascertained by inspector during this inspection. 'Design prevents access. REVISED MARCH 1999 , TIGER HOME INSPECTION INC.° HIRE THE EYE OF THE TIGER 3 Our rating system is as follows: A: Indicates item is functioning as originally intended. B: This item is functioning less than originally intended.Maintenance,repair or upgrade is suggested. C: Caution is advised with this item,as it is not functioning. NR: Not inspected.No rating. _ A: Further consultation with a contractor is advised. CENTRAL HEATING AND COOLING �t (TMI)'lChl FA_Y- - S_gaVT U'Oil ❑Gas ❑ Electric ❑Propane A B C NR A 1. Thermostats: LocationPA'P YJA4T O` ❑ ❑ ❑ ''. 56 Cct+r7PC(rrRFl 1�� fi t fg,� p 2. Fire grade sheetrock . . . . . . . . . ❑ ❑ ❑ p',❑,, ' 3. Emergency shut off: Location FG;fiykW_ ®` ❑ ❑ ❑ ❑ ( r' 4. Exposed flue and damper from the Heat Plant . . . . . . . . . . . . . . . . . . . . . ® ❑ ❑ ❑ ka 5. Burner/14un;). . . . . . . . . . . . . ❑0'' ❑ ❑ ❑ ❑" CS) 1'E3rCrFr-r" C>t/RJ /5 /A/ 67600 U(Sokl AAf) �` W,0-7^= 6. Fire box liner . . . . . . . . . . . . . . . . u❑' C] E] ❑ kms❑' 1fM.(a9 fTn!l(7Tl>r'l) 7. Asbestos like material See Note F ❑ Yes ®`No (E'l Fj()3747 V(SUAi �!'ri V1I-nrria 16,5`'1 fl. -- 8. Boiler Type 1JIA ❑ ❑ ®' ❑ PSI ❑Temp ❑ sight glass ❑ low water cutoff - ❑ exp.tank water level ; �Sr-I i� Ap l ❑ auto feed ❑ press. relief valve ❑ back flow preventer ' 9. Circulator pump . . ❑ ❑ ❑ Lpr ❑ 10. Zone valve . . . . . . . . . . . . . . . . : ❑ ❑ ❑ ❑ �'� F�UkRMt?rf6�15 to F,ti7 a'7 rt�5l'!!+t F}!1'i7 � 7'Zf!i7"T/•A. 11. Pipes . . . . . . . . . ❑ ❑ ❑ Q ca, CGA'O flTOd -TiFf B#" i'F=" tniCpLZTi/�1J O�a(Ciett lLf 12. Furnace TypebV!(TU)rfipWC . O ❑ ❑ ❑ �(�(,�,.1 (ktlh,�Y9C!-IIG.�y�T(g1Ri+Arf'e Afv' 1lM11Ntwt$n <-t2t1Ca`J 13. Heat exchanger . . . See Note C - . . ❑ ❑ ❑ ® fit❑ MIA 149Tt_fU ftI(t' CCA"%(fd-- 7 r tl/ 4� F'tLl-OXA !'CA-T'W(aG ' 14. Circulator fan . . . . . . . . . . . . . . . . . . & ❑ ❑ ❑ 15. Filter . . . . . . . . . . . . . . . . . . . . . . . . . . . Ed ❑ ❑ ❑ fF - 16. Duct work(in basement) . . . . . . . . . . . . CA ®' E3 IJ ❑"a. G rUfK+WK iA--"9 fV i2Vy-ryclU7 AC KS.Sib C" 17. Electric baseboard heat . . . . . . . . . . . . . ❑ ❑ ❑ •❑^ 55''010 . 18. Space Heaters Location ❑ ❑ ❑ O' ❑ " , C41fNtil= rlrr�u(3,v1(l�nrt71f�2 19. Fuel tank . . . . . . . . . . . . . . . . . . . . ❑ C] ❑ ❑ ❑ '1 15" XZs­ Kt ❑propane O'fill and vent stacks r f, l' k R' 162 ",444 1_1­1/ ffi,L�_Xrj�>ri-xH.rs L oil level A& 016mergency shut offs �� UB�'n'R>~1f;3NP; 1'NM44r1-C➢.�3 fCGaLtJI)OY7 9�1.}!'7'ti FlS P.4�1s()Ca) 20. Cooling system (Ducted systems only) ❑ ❑ ❑ ® IS -Oth\lam CGL tu A- fea-7k'U17`77i11 ` 21. Compressor . . . . . . . . . . ...- ❑.. ❑....❑- ❑ � , 22. Evaporator unit . . . . . . ":` . . ❑ ❑ ❑ ar at (71 N.)NY I 23. Service line ❑ CJ :Ja S=7' G k3 AJIA 0 insulation ❑ sight glass 24. Condenser drain . . . . . . . . . . . . . . . . . . . ❑ ❑ ❑ ❑, ❑'. 25. Temp. at service line ❑ ❑ ❑ ® ❑-' 26. Temp. at air intake-outlet ❑ ❑ ❑ ❑ G❑ �ZC) Z �,i,,!(1 27. Electric disconnect . . . . . . . . ❑ ❑ ❑ 28. Compressor slab ❑ ❑ ❑ ❑O� A �:5-'4`� CLWA9/!1-'117{" 00r.1A .t IMPORTANT INFORMATION PLEASE READ: A.This report indicates the condition of the heat plant on the day of the inspection without regard to life expectancy;therefore,we suggest that you obtain a major service policy forthe heat plant from a deaJeror contractorwhich should include annual servicing,adjustments,efficiency testing,warranty and emergency service. B. In the event that the unit is a coal conversion furnace/boiler,it is at the end of its economic usefulness.Expect repairs or replacement. C.To determine the condition of the heat exchanger in forced Hot Air units,major disassembly by a heating technician is required.This report does not represent the condition of the heat exchanger and we recommend that you have this evaluated.Defects in the heat exchanger may require replacement of the entire furnace. D.Relief valves,valves,gauges,switches,and other safety devices cannot be tested.They are listed on the report to denote that they were observed in place on the system. E.Check with the local community for regulation regarding discontinued oil tanks.F. Asbestos insulation should be removed or encapsulated using current professional procedures. G. All material must be kept clear of contact with electric baseboard for safety.Electric thermostats have a limited life expectancy. H. Radiant heat in slabs and ceilings is not accessible. I.Air conditioning units and heat pumps cannot be operated out of season as this could cause damage.J.Most compressors and evaporators are sealed units which are not accessible.The average life expectancy is 5-10 years. K. Annual servicing of the A/C heat pump system by a licensed technician is advised. L.Propane or gas piping not included in this report.Consult licensed contractor. REVISED MARCH 1999 x ....., . TIGER HOME INSPECTION INC.° ' HIRE THE EYE OF THE TIGER 4 Our rating system is as follows: A: Indicates item is functioning as originally intended. B: This item is functioning less than originally intended.Maintenance,repair or upgrade is suggested. C: Caution is advised with this item,as it is not functioning. NR: Not inspected.No rating. 2 EL 4 C, _ 1Mbit A: Further consultation with a contractor is advised. ELECTRIC SYSTEM ❑Supply 120V 3/120/240V A e C NR A 1. Accessible wiring ❑ ❑ ❑ ❑ SINE (017yllt-N'75 ''J1 fes' Fg:-7cln.f Copper Li Ro ex ❑ Knob&Tube Ll um LI BAluminX 2. Service panel box location 135V1—f" ❑ ❑ ❑ .Cd Main dcsconnecit fused at I ODA �. Service wireAC Breaker LJ Fuse 15✓ 20 30 ✓GFI_ Other Subpanel(s)_Location /. See note F& D. 3. Junction box covers . . . . . . . . . ❑ ❑ ❑ ❑'' 4. Switch and outlet covers . . . . . . . . . . . . . E ❑ ❑ ❑ ❑+, 5. Smoke/fire detectors ❑ ❑ ❑ cy (r„],',, ® 5or coyio9f-K7, PLUMBING SYSTEM ❑' ' Supply unic. ❑ pvt How verified_ Waste munic. ❑ pvt Howverified Waste/Supply for reference only. See note K& H. .1. Visual condition of accessible feed lines and connectors within structure . ... . . . . C!y ❑ ❑ ❑ ❑. ]d/copper ❑ lead `Ybrass @W114 ❑galvanized ❑plastic 2. Visual condition of accessible waste K)NI In lines/connections within structure . . . . . d LJ C) ❑ CL O copper Yc/, ast iron ❑lead LJU galvanized plastic ❑other 3. Main vent stack . . . . . . . . . . . . . . . . v ❑ Cl ❑ 4. Accessible well equipment . . . . . . . . ❑ ❑ ❑ ❑O. :❑ .. .. . 5. Laundry tub . . . . . . . . . . . . . .`"': ❑ ❑ ❑ ❑' Ci0-11,1 ;Ot= 11c, MICLU. IyEfi Igg3(PW1RL14tbfr-y 6. Washer/dryer connections . . . . . . . . . . ., & LlLI ❑ ):]', (lieu WI CapJpgrjya�, fi0d.;!� UIUAI -CCh13d71F4J CCb61/1'ICft/ 7. Hot water heater . . . . . . . . . . . . . . . . . ® ❑ ❑ ❑ ❑' 14crr tf,, TML tYF#1'if--YZ type FXAOfuel W—) gal 40 safety controls_ tankless (Q 8. Interior sewer ejector pump . . . . . . . . . . ❑ ❑ ❑ d, F �I p� IMPORTANT INFORMATION PLEASE READ: A. The current main fuse capacity is not always an indication of its maximum capacity.Consult with an electrician. B.The decision to upgrade electric service can be influenced byclienl need,local regulations and mortgage lending institutions.Furnishing and living conditions allow for only random testing of electrical outlets.Light switches are not included. C. Due to the age of the house, not all fixtures may meet current standards;therefore,upgrades to the plumbing,waste,supply and venting systems may be needed when renovating or repairing. D. Smoke detectors should be installed and approved by the local fire department prior to purchase.Tiger makes no representation as to the operability or installation of smoke detectors. E.Once or twice a year flip circuit breakers off and on to maintain good mechanical contact.GFI breakers or outlets should be tested monthly. F.Ground Fault Interrupter outlets or circuits are advised whenever the user will come in contact with water. G.Manufacturers' warranties for hot water heaters vary from manufacturer to manufacturer;this should not be confused with the actual life expectancy which could be more or less.Please refer to the warranty for the extent and terms if any. H.The type of sewage disposal system as noted above is determined by information provided by either seller, broker or client.It is not a determination of its actual type,design or condition.An optional inspection report is available to offer an opinion of the system's type,effectiveness and condition. I.No conclusions as to quality and quantity of the water supply is implied.It is recommended that you have both a quality and quantity test performed. J. Depending on your individual needs,a tankless unit may not provide you with sufficient hot water.To increase quantity and efficiency you may wish to consider a booster tank or separate water heater. K.Main water shut offs,individual fixture shut offs,and other valves are not tested. L. Follow manufacturer's recommendations for all water conditioning equipment.Failure to provide adequate maintenance can lead to equipment malfunction and affect water quality. REVISED MARCH 1999 l `1 TIGER HOME INSPECTION INC.° HIRE THE EYE OF THE TIGER 5 Our rating system is as follows: A: Indicates item is functioning as originally intended. B: This item is functioning less than originally intended.Maintenance,repair or upgrade is suggested. C: Caution is advised with this item,as it is not functioning. NR: Not inspected.No rating. A: Further consultation with a contractor is advised. KITCHEN A B C NR 4 1. Sink Waterflovv_656 HW Temp I[ ®� ❑ ❑ Cl I❑;'.. `4:a_;� C;y'7y 4-Ili' I " Y°tarnl3 2. CountersWe CJ El C1, �� bNmeAw @�m n-m P t Tom ar- sesl CP�ynt'C' �{St:u 3. Cabinets . . . . . . . . . . . . ❑ ❑ " at"L . 9iP- wMNZ C,I/1 rlgL 4Mnt( it 4. Walls . . . . . . . . . . . . . . . . . ❑ ❑ ❑ ❑•. (4) Dyfw N,r -rn L;.IJd'1,1- to dt I1 r rA- InvY't.t) . W14t E 64f 5. Ceilings . . . . . . . . . . . . . . ❑ 1111 ❑ ❑ Q ,( t-- rat 'YR1lT 6. Windows ❑a, ❑ ❑ ❑ 7. Floor . . . . ® ,❑ ❑ ❑ € � (S P"J1tNL+ r� APtY3 SF!/lrY1 d' 9AF. dU.T(AT rte` IXdI'r 8. Electric Outlets . . . . . . . . . . . . . . . . . . . . . c ❑ ,❑ ❑ %'- a 9. Heat Source . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ ❑ ® 1_h', ( r SLK COtd-i 4'hCrvT G AMf1A . 10. Baseboard/Radiator/Diffuser . . . . . . . . . . ❑ ❑ ❑ d MMU 1 Not APPLIANCES Wking Wking NR 0 1. Stove Top and Oven . . . . . . . . . . . . . . . . O ❑ ❑ []: 1 I_eP ( €d " r->aec7AJ 2. Ventilator ❑ ❑ (Be U- :. 3. Dishwasher ❑ ❑ ©'. i',. �3 K1114 4. Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ ©v.,LD.': IMPORTANT INFORMATION PLEASE READ: A.Fog or condensation between insulated glass is an indication of a broken thermal seal.However,due to the nature of the defect,this situation may not always be detected. B.Cracks in grouting of ceramic the joints are commonly due to normal shrinkage.Damage beyond the the surface is not accessible(NR)and further evaluation is suggested.Poor grouting will cause water penetration,lifting of tiles and deterioration of flooring,plaster,drywall and structural members around the tubs and showers. C.Ground Fault Interrupter outlets or circuits are advised whenever the user will come in contact with water. D.Check with current owner for location and condition of any and all screens and storm windows. E.Hairline cracks are not unusual on interiorwali and ceiling surfaces,due to minor shrinkage and settlement. F.Cosmetic defects such as:worn carpets,fading or peeling paint,holes in walls,doors,ceiling and trim are not reported. G.Unless otherwise noted,all appliances are working on the day of the inspection.Tiger Home Inspection, Inc.does not represent a guarantee or warranty of the continuous operation of the appliances. Self-cleaning mechanism, timers, clacks, thermostats, microwave ovens, clothes washing machines and dryers and cosmetic blemishes are not part of this inspection report. H.Clean all grease vents and filters on a regular basis to prevent failure. REVISFn MARCH 1999 i f TIGER HOME INSPECTION INC.° HIRE THE EYE OF THE TIGER Jr Our rating system is as follows: A: Indicates item is functioning as originally intended. I This item is functioning less than originally intended.Maintenance,repair or upgrade is suggested. Q Caution is advised with this item,as it is not functioning. NR: Not inspected.No rating. 4: Further consultation with a contractor is advised. KITCHEN A B C NR A 1. Sink Water flowniti— HW Temp jl� ❑ ❑O ❑ ❑ a`I •�4mi. C!)antl-tral"�S ''t°r F"' r$a-lez.t.i 2. Counters . . . . . . . . . . . . . . . . . . . . . . . . . ©' ❑ ❑ ❑ `£❑ (!3 PIP W)y1 V sty 1,0C r rxysrF U(t -r 'qPo2KWP)Y tt"r 3. Cabinets . . . . . . . . . . . 0' ❑ ❑ ❑ Q� W(hZYIAA IAMTi)K ["YIPA(C tW;rttr) 17) ti(7T"t2`w'1 4. Walls . . . . . . . . . . . . . . . . I]` ❑ ❑ ❑ GF- P44< Cs"hf'&A-- ACTI JA-1- ll-)ArC I&A Rt-iTT) rCASLL;• 5. Ceilings . . . . . . . . . . . . . . . . . . . . . . . . . . 0' ❑ ❑ ❑ ❑,', F'4 C(AT` t6t^Cu' t ;. Q �1�t41l�1 f')R Ad'i dY33.. 6. Windows ❑° ❑ ❑ ❑ „ . 7. Floor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ® .❑ O LJ O # 8. Electric Outlets . . . . . . . . . . . . . . . . . . . . . ❑ '❑ ❑ r❑a 9. Heat Source . . . . . . . . . . . . . . . . . . . . . . . ❑ ❑ ❑ v 10. Baseboard/Radiator/Diffuser . . . . . . . . . . ❑ ❑ ❑ ®Not t❑I �i,lE1�AdYUL VtS9 Rl APPLIANCES Wking Wkng NR A 1. Stove Top and Oven C3, ❑ ❑ 2. Ventilator . . . . . . . . . . . . .. . . . . . . . . . . . ❑ ❑ �£ ]: ;!162L�L1[aF' 1�1�1r11/1h1`7"1 IX7 h69�¢`C�T 3. Dishwasher D' ❑ ❑ >-❑: �Z)AJIlA . . 4. Disposal O' ❑ ❑ $ 4 (')AlVrtM)" OI SC LfiI I lCS"i!h !R'T/'i i)N G4A9 'a I.�Y)Wf sP S 1w V 13v, X131 't, rcn,Sl./:JJ Idi rrfvTR0YTr,u'...l y� IMPORTANT INFORMATION PLEASE READ: �t`L71�pJ A.Fog or condensation between insulated glass is an indication of a broken thermal seal.However,due to the nature of the defect,this situation may not always be detected. B.Cracks in grouting of ceramic tile joints are commonly due to normal shrinkage.Damage beyond the tile surface is not accessible(NR)and further evaluation is suggested.Poor grouting will cause water penetration,lifting of tiles and deterioration of flooring,plaster,drywall and structural members around the tubs and showers. C.Ground Fault Interrupter outlets or circuits are advised whenever the user will come in contact with water. D.Check with current owner for location and condition of any and all screens and storm windows. E.Hairline cracks are not unusual on interior wall and ceiling surfaces,due to minor shrinkage and settlement. F.Cosmetic defects such as:worn carpets,fading or peeling paint,holes in walls,doors,ceiling and trim are not reported. G.Unless otherwise noted,all appliances are working on the day of the inspection.Tiger Home Inspection, Inc.does not represent a guarantee or warranty of the continuous operation of the appliances. Self-cleaning mechanism,timers, clocks,thermostats, microwave ovens, clothes washing machines and dryers and cosmetic blemishes are not part of this inspection report. H.Clean all grease vents and filters on a regular basis to prevent failure. REVISED MARCH 1999 _ d, TIGER HOME INSPECTION INC.° HIRE THE EYE OF THE TIGER 6 Our rating system is as follows: A: Indicates item is functioning as originally intended. B: This item is functioning less than originally intended.Maintenance,repair or upgrade is suggested. C: Caution is advised with this item,as it is not functioning. NR: Not inspected.No rating. A: Further consultation with a contractor is advised. 0 INTERIOR 1 of A 8 C NR 4 P 1. Door: ®main . . . . . . ._ . . . . . . . . . O ❑ ❑ ❑ QS4, rcvtnoo-un z ACA" 3t7 r�,ti 0 rear . . . . . . . . . . . . ❑ ❑ ❑ 'Q O side ❑ ❑ ❑J LY 2. Sliding door . . . . . . O ❑ ❑ p ❑: (2?Al 10 3. Fireplace/Wood Stove . . . . . . . . . . . . . . ❑ ❑ ❑ IJ "❑ 6) M)Py-F'dht(ifGlVlPVfs 1�<Y�FrLAcu; '7"nkfLGU4t-kJTT% 5k7`` Flue liner not included C11" '`R" 4. Stairway (Basement) . . . . . . . . . . . . . . . . V ❑ ❑ ❑ 'ISI' Stairway (Interior)) . . . . . . . . . . . . . . . . . . O ❑ ❑ ❑ Fes' 5. Halls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O ❑ ❑ ❑ a 6. Skylight Location ❑ ❑ ❑ ❑ ❑ 7. Bath Ufsink HWTemp 1709 O ,❑ ❑ ❑ v x.- O t�rw . . . . . . . . . . IU' ❑ ❑ o V ZF=L_ Otoilet . . . . . . . . . . . . . ❑O ❑ ❑ 7L -rUR, i tl P. ❑O��.c(ecttdtan . ❑ ❑ ❑ ❑. Q tile/fiberglass wall . . . . . . . ❑ ❑ ❑ 0 , O window . . . . . . . . . . . . . . . ®' ❑ ❑ ❑ ❑•, Uffloor . . . . . . . . . . . . . . . . . ❑ O" ❑ ❑ I❑;,• ®'door . . . . . . . . . . . . . . . . . ©' ❑ ❑ ❑ IJ ©'heat source . . . . . . . . . . . ❑ ❑ ❑ 8. Bath ❑sink HW Temp ❑ ❑ ❑ KAY4 ❑tub/shower . . . . . . . . . . . . ❑ ❑ ❑ O' ❑'. Cl toilet . . . . . . . . . . . . . . . ❑ ❑ ❑ ❑ ❑ GFI/electric/fan . . . . . . . . . ❑ Cl Cl O'er.: ❑the/fiberglass wall . . . . . . . ❑ ❑ ❑ Q`Q'. ❑window . . . . . . . . . . . . . . . ❑ ❑ ❑ Li"pi w.. ❑floor . . . . . . . . . . . . . . . . . ❑ ❑ ❑ 111, �Q ❑door . . . . . . . . . . . . . . . . . ❑ ❑ ❑ O'.,0 (`�"�h/IKl ❑ heat source . . . . . . . . . . . ❑ ❑ ❑ ED',,Q 9. Bath ❑sink HW Temp ❑ ❑ ❑ ©' ❑'. ❑tub/shower . . . . . . . . . . . . ❑ ❑ ❑ & ❑toilet . . . ❑ ❑ ❑ LW ❑GFI/electric/fan . . . . . . . . . ❑ ❑ ❑ O' ❑the/fiberglass wall . . . . . . . ❑ ❑ ❑ © °' ' ❑window . . . . . . . . . . . . . . . ❑ ❑ ❑ ❑i CD floor . . . . . . . . . . ❑ ❑ ❑ p d' lsln )W4 ❑door . . . . . . . . . . . . . . ❑ ❑ ❑ .p' C3 heat source . . . . . . . . . . . ❑ ❑ .❑ (3113 `Sly fClMU/ICV' r' tr FSI=tCIA) . IMPORTANT INFORMATION PLEASE READ: A. Hairline cracks are not unusual on interior wall and ceiling surfaces,due to minor shrinkage and settlement. B. Fireplaces and wood/coal stoves are inspected visually only;test fires are not started due to the prohibitive amount of time required.If applicable,obtain a permit from the local building inspector or fire marshal before operating any solid fuel stoves. C. Check with current owner for location and condition of any and all screens and storm windows. D.Fog or condensation between insulated glass is an indication of a broken thermal seal.However,due to the nature of the defect this situation may not always be detected. E. Cracks in grouting of ceramic tile joints are commonly due to normal shrinkage.Damage beyond the tile surface is not accessible(NR)and further evaluation is suggested.Poor grouting will cause water penetration,lifting of tiles and deterioration oiflooring,plaster,drywall and structural members around the tubs and showers. F.Ground Fault Interrupter outlets or circuits are advised whenever the userwill come in contact with water. G.This inspection only reports structural or mechanical defects.Cosmetic blemishes on floors,walls and cabinets are not reported. ADDITIONAL COMMENTS: oamcm�nnoru moo = ' TIGER HOME INSPECTION INC.° HIRE THE EYE OF THE TIGER 7 Our rating system is as follows: A: Indicates item is functioning as originally intended. B: This item is functioning less than originally intended.Maintenance,repair or upgrade is suggested. C: Caution is advised with this item,as it is not functioning. NR: Not inspected.No rating. A: Further consultation with a contractor is advised. INTERIORS 1 of�- A B C NR A Room Miff— ,LTC . . . . O' ❑ ❑ ❑ U H a'ceiling . . . . . . . . . . . . . . . . . . . . . . . ®' ❑ ❑ ❑ Q ©''windows . . . . . . . . . . . . . . . . . . . . . . ❑ O' ❑ ❑ .111 ©'walls . O' ❑ ❑ ❑ _ - Ulf7U[ fAir{ra tA)lt,01UA kI cut Wt( A AiIAf tluwrnrr— ,s ❑91oor . . . . . . . . . . . . . . . . . . . . . . . . . . O' ❑ ❑ ❑ [t WUGC=. frYOU-7 f?1,Y1AIW An V) r-vrAsvrl:w1wrC. EB/door ❑ ❑ ❑ �,Z11':. (',ViAtTTIA fit,>AOA)r- InAV RV Ill-1lr( 7) FLTe. 0'electric outlets . . . . . . . . . . . . . . . . . . IId ❑ ❑ ❑ 1),, CC VdRdFR�fF.""- E-�`7"7PF7fAi��. CE heat source Temp (0 ®` ❑ ❑ ❑ O'baseboard/radiator/diffusers . O ❑ ❑ ❑ Room L Ix- . . . . O' ❑ ❑ ❑ 19 O"ceiling . . . . . . . . . . . . ❑O' ❑ ❑ ❑ ta'... ❑O windows . . . . . . . . . . . . . . . . . . . . . . . '�®' ❑ ❑ ❑ ❑`'. ❑O/walls . . . . . . . . . . . . . . . . . . . . . . . . . . O' ❑ ❑ ❑ Q (21' floor14 L) La :1 :=l' Ef door . . . . . . . . . . . . . . . . . . . . . . . . . 12 ❑ ❑ ❑ ❑-. ❑O electric outlets . . . . . . . . . . . . ® ❑ ❑ ❑ O'heat source Temp (17V D ❑ ❑ ❑ '. u.. O baseboard/radiator/diff_users . . . . . . . r❑^" ❑ ❑ ❑ ❑'. Room nV FT � :/3/12 . . . . . . . ❑O' ❑ ❑ ❑ TaJ' ©'ceiling . .. . . . . . . . . . . . . 9 ❑ ❑ ❑ pis 11' windows . . . . . . . . . . . . . . . ❑ p' ❑ ❑ ❑ r! ©walls . . . . . . . . . . . . . . . . . . . . . . . . . . ❑O' ❑ ❑ ❑ ❑% ®/floor . . . . . . . . . . . . . . . . . . . . . . . go ❑ ❑ ❑ ❑D door . . . . . . . . . . . . . . . . . . . . . . . . . . ®' ❑ ❑ ❑ D"electric outlets . . . . . . . . . . . . . . . . . . ©' ❑ ❑ ❑ Q L!S'rnic STAm dA9n Pioy7Z-4. O�heat source Temp IkIvU 17 ❑ ❑ ❑ �J', 9ArfE�?16f [X rl;o,- t'r, O baseboard/radiator/dieser . . . . . . . D' ❑ ❑ ❑ . Rooma["d - kIMP.Ple . r.F311P O' ❑ ❑ ❑ 1 4 . ❑ceiling . . . . . . . . . . . . . . . . . . . . . . . . . 1 ❑ ❑ ❑ ©windows . . . . . . . . . . . . . . . . . . . . . . . ®" ❑ ❑ ❑ ®'walls . . . . . . . . . . . . . . . . . . . . . . . . . . IY ❑ ❑ ❑ 13 O°floor . . . . . . . . . . . . . . . . . . . . . . . . Cal, :3 CJ' T ®°door . . . . . . . . . . . . . . . . . . . . . . . . . . ®` ❑ ❑ ❑ a ©electric outlets . . . . . . . . . . . . . . . . . . ❑' ❑ ❑ ❑ 'n ©'heat source Temp utol, ❑O' ❑ ❑ ❑ _LJ ❑"'baseboard/radiator/difusers . . . . . . . 0' :3 01 ❑ ,1:1! Ss-�:� f���. r ��:,_";-- t=' t3racWJ _ - IMPORTANT INFORMATION PLEASE READ: A. Hairline cracks are not unusual on interior wall and ceiling surfaces,due to minor shrinkage and settlement. B. Wood/Coal stoves are inspected visually only,test tires are not started due to the prohibitive amount of time required. If applicable,obtain a permit from the local building inspector or fire marshal before operating any solid fuel stoves. C. Check with current owner for location and condition of any and all screens and storm windows. D. Due to the nature of the deficiency,insulated windows and skylights may have broken thermal seals that may not be detected. E. We recommend all structures built prior to 1978 be tested for lead paint. F. Cracks in grouting of ceramic tile joints are commonly due to normal shrinkage.Re-grouting of these cracks is a maintenance responsibility of the homeowner during the life of the home.Lack of maintenance will cause water penetration,lifting of tiles and deterioration of flooring,plaster,drywall and structural members around tubs and showers.Plaster or sheetrock behind tile is not accessible. G.The source orfrequency of water,causing stains cannot always be determined.Consult with the owner or contractor for a historical perspective.H.Cosmetic defects such as:worn ortorn carpets,fading or peeling paint,holes in walls,doors,ceiling and trim are not reported. ocmecn unoru moo TIGER HOME INSPECTION INC.° HIRE THE EYE OF THE TIGER S Our rating system is as follows: A: Indicates item is functioning as originally intended. B: This item is functioning less than originally intended.Maintenance,repair or upgrade is suggested. C: Caution is advised with this item,as it is not functioning. NR: Not inspected.No rating. . A: Further consultation with a contractor is advised. ATTIC VENTILATION / INSULATION A B C NR A 1. Access to attic . . . . . . . . . . . . . . . . . . . . . O' ❑ ❑ ❑ :cS ❑scuttle O stairs ❑pull down ❑none 2. Structural supports . . . . . . . . . . . . . . . . . . ❑` ❑ ❑ ❑ ❑O'rafterType f/Jfi00 ZX� (7ft!< C2f40HttT) . � er ©post&beam ❑collar tie ❑truss 3. Roof backings . . . . . . . . . . . . . . . . . . . . . Q' ❑ ❑ ❑ ®wood ❑wafer board ', 1 `il-!: !'r'rnrYyiP,Y� "C, !"1 " (>t-3cq,ao ,py2 1n7I^•>As pr? 6'Ii1gLl7/ ❑ plywood ❑hard board <I-A9 , A-7- PL(-7P'fZP- j F(Y>-141AWI R7ItVrT 4. Ceiling joist Type 1 7 X LY ❑ ❑ ❑ ice° 5. Flashing . . . . . . . . . . . . . . _ . . . . . . 0d ❑ ❑ ❑ ; ❑0'vent pipes ❑valleys O chimneys III/flashing sealer 6. Chimney (flue liner not included) . . . . . . ❑ 0� ❑ ❑ Q❑ GO f)t LCYywO/ iai It itis Tote /ic,)n(L'_ f11`71"<f) f<1=Yti P'tAAri 7. Insula,,io�vaporbarrier(atticonly) . . . . . O Ll :1 CJ ❑' cvc - t.SnAr Ip/N F',ira.Y FAL 0rs'Itrf-7) Type f J)ttlSr_ Depth 8. Ventilation Type ❑ ❑ ❑ ❑ref; ArM)frf(A Af wiyi-ilurn/TP. ) Y�Yyy Fd: nr-, 1j vi:dl( 9. Whole house fan . . . . . . . . . . . . . . . . . . . ❑ Ll F-1 ❑O' ❑.. - l,P � r�'r nVK i&n^T , Rf [IWT'S (Y:A6U,7.A rG1 % 10. Evidence of water penetration . . . . . . . . ❑ See Note F ❑ No visible or accessible evidence Min Ada at the time of inspection Ell of prior water penetration. Consult with owner or monitor for source and repair. ❑ Active water penetration IMPORTANT INFORMATION PLEASE READ: A.The home buyer should be aware that priorto the adoption of federal,state and local codes in the mid 70's,homes were typically built with minimum insulation.Today's home buyer,faced with rising energy costs,should consider the return on investment of insulation upgrades.B.Attic ventilation is an important tactor in the life expectancy of roof sheathing and shingles.Provide maximum air flow to minimize heat buildup in summer and condensation in winter.Do not cover or block vents.C.All flashing should be inspected and be repaired when needed. D.Tarred flashing points indicate a repair of sealing of original flashing.The tar composition has a limited life expectancy and therefore future re-application or repair will be required. E.The presence of Urea Foam Formaldehyde Insulation in walls cannot be determined by visual inspection.Tiger recommends an air quality test when the inspector locates visual evidence of U.F.F.I. F.The evidence,source or amount of water penetration may not always be observable at the time of inspection.Tiger suggests you consult the owner for a historical perspective of whether evidence of water penetration has been noted or not. ADDITIONAL COMMENTS: REVISED MARCH 1999 �s TIGER HOME INSPECTION INC.° HIRE THE EYE OFrTHE TIGER 9 Our rating system is as follows: kit A: Indicates item is functioning as originally intended. B: This item is functioning less than originally intended.Maintenance,repair or upgrade is suggested. C:. Caution is advised with this item,as it is not functioning. NR: Not inspected.No rating. L.. A: Further consultation with a contractor is advised. �a.. APARTMENT IFL A B C NR 4 1. Electric Service 6) W> (f11n1114 7C "c1 R" rzuner Main disconnect BUtT Amp LEI ❑ ❑ 15 "'� 20 , 30 other 2. Hot Waterr�Tank Type 361 �LV0 O"❑ ❑ El ❑ - - -n.. Size iu MakeGllVIL r~ Frrts-'rna/ ('CLV)y1aA 14f'T(19"77S? 3. Staircase and handrail . . . . . . . . . . . . . . . ❑ ❑ ❑ ®* ]-- .617 ++1I" , S15G� fL1794h1'hTi Pa" 'fir 4. (P__orc fdeck . . . . . . . . . . . . ❑ {UJ 5. Door primary ❑. ❑ ❑ ❑ r(VUMrnX) FI)IJNV( )rr1r7 /6yfiL(,6 � TTfYC7't �Fj(1n secondary . . . . . . . . . . . . . . . . . (Br ❑ ❑ ❑r SWI FW1411LC '7T) 90WOV7DIAl 6. Skylight Location A/I4 ❑ ❑ ❑ ® f&V77eA-7W, - �v 7. Bath sink . . . . . . . . . . . . . . . . . ❑ r ❑ ❑ tub .Salc+w(?'._. . . . . . . . . . . . . Ur :10 ❑ Q� C� k'r=-F+;rrQ �reoyea.�urrna�e•uw5 Ltf�r(t-Yc. IYameAt,c n.rra-n toilet . . . . . . . . . . . . . . . . W❑' ❑ LJ ❑ al -n Lir- Ej frrrn rao s r G CrYn nnl'' °^F" r3r7f el e ectrlc . . . . . If ❑ ❑ ❑ �', a SIA- Xit rile/fip,w ass wales. . . . . . . . . . ® O ❑ ❑ !I L �rru 4 AA,'Z �t 0 C7 rM f Alan rn,r vrc.�ra 8. Room ceilings/walls . :. . . . . . . . . . ❑ ® ❑ ❑ f❑ b4Pi®d2GP12IA-n'- "7ieAio " 1/� S111L1r /Y26'1!/IO (YAv windows . . . . . . . . . . . . ❑ ®' ❑ ❑ CGArrfi? 1r7W rpiA, t 2111k' S174)dt.' Ar71---b Z C11 1A floors . . . . . . . . . . . . . . . . . . . . . ❑O ❑ ❑ ❑ .SFi, CCAS'08VT.1'Y1,T;xJG9J doors . . . . . . . . . . . . . . . . . . . . . M' ❑ ❑ ❑ electric . . . . . . . . . . . . . . . . . . . ❑ ❑ ❑ �.t-Paltr2 ftgoC.ItIIk) r, L4e- Irrlri�fUr f�a1r 4 VXfa`77" on,cwral- heat source Type t7Ra&tT.empLoe O� ❑ ❑ ❑ SLI -n._LAA,(r wvASTLA t aanta'•a r .crjt.k¢F7ein 9. Room ceilings/walls . . . . . . . . . . . . . ®, ❑ ❑ ❑ > ]'., Cc4\yJ--Aney1 tK A un,-�-rrt a.fy Irn+(Tr.YC 1yR97rr_Q;r 0I.P windows . . . . . . . . . . . . . . . . . . ❑ ❑O' ❑ ❑ ❑''., 0) r71n iA KW Mi? A. "tSrri`F11s2t_ floors . . . . . . . . . . . . . . . . . . . . . Or ❑ ❑ ❑ ;❑� Y]EY(�IstrZ-rrttir fky>rco R1 q rxv a - n. � '� SF3•' ([�H'1r%nIIN!% doors . . . . al' ❑ ❑ ❑ - electric . . . . . pr ❑ ❑ ❑ heat source TypekFftllUp.Temp ❑ ❑ (J ❑ Z11 6) M= 5"TAIAA 6fA7z:7i r A//,a Se15 lrvi Y'9t`y ,r 10. Room ceilings/walls . . . . . . . . . . . . . . . ❑ ❑ ❑ 0f ;❑ windows . . . . . . . . . . . . . . . . . . ❑ ❑ ❑ ® $ floors . . . . . . . . . . . : . . . . ❑ ❑ ❑ ❑- doors . . . . . . . . . . . . . . . . . . . . . ID ❑ a 4 electric ❑ ❑ ❑ Irk ;'. heat source Type — Temp ❑ ❑ ❑ t :: IMPORTANT INFORMATION PLEASE READ: - A:The decision to upgrade electric service can be influenced by client need,local regulations and mortgage lending institutions. B.Once or twice a year flip the circuit breakers on and off to maintain good mechanical connections. C. Manufacturers'warranties for hot water heaters vary from manufacturer to manufacturer;this should not be confused with actual life expectancy which could be more or less. D. Ground Fault Interrupter outlets or circuits are advised whenever the user will come in contact with water. E. Depending on your Individual needs,a tankless unit may not provide you with sufficient hot water.To increase quantity and efficiency you may wish to consider a booster tank or separate hot water heater. F. Hairline cracks are not unusual on interior wall and ceiling surfaces,due to minor shrinkage and settlement. G. Check with the current owner for the location and condition of all screens and storm windows. H. Due to the nature of the deficiency,insulated windows and skylights may have broken thermal seals that may not be detected. I. We recommend all structures built prior to 1978 be tested for lead paint. J. Cracks in grouting of ceramic tile joints are commonly due to normal shrinkage. Re-grouting of these cracks is a maintenance responsibility. Lack of maintenance will cause water penetration,lifting of tiles and deterioration of flooring,plaster,drywall and structural members around tubs and showers.Plaster or sheetrock behind the is not accessible. K.The source orfrequency of water,causing stains can not always be determined.Consult with the owner or contractorfor a historical Perspective. L.Cosmetic defects such as worn carpets,cracked floor tiles,fading or peeling paint,holes in walls,doors,ceiling and trim are not reported. REVISED MARCH 1999 TIGER HOME INSPECTION INC.° HIRE THE EYE OF THE TIGER 781 -849-0088 C c . . . . . . . . . . . . . . . . . . . . . . . . . . . A(Street Side) A(Street Side) , Area Area Area Area ,-- Floor *_IAa'1fnld. (RC1.";L1f'.. 1iO4J GU"ti'�f.)C 6kr}°,'¢A✓ :y�. di Y� TFtdu.(.ix11tW/ Wan tieK01"W;" 1l1: . }G1SZ5 aR6 tpd>klZsi Ceiling 191.k1!J:,,- I^ry'Gtt'fo.. 'r,bYT ,bfbr l`t.tS LEGEND T = Termite CPD= Beene J.k= Joists A = Ants X Storages)= Sills M = Mud Tubes F = Finish �'W�T= Wood Trim PT = Previous Treatment SC Suspending Ceiling G = Girder , LL1fw)ltrl2C- fklwuv-rra(ev tCplir-lw -ro woU'r) (ori-M(7 Je?l vvr- ign,y ,x3rNgF^k,1� Lu(,211 ftLUL-�>[7(t1.7�"%'" � �.LF�7�R.LtiP S6tiT Yl {'LarsJ?r"v7C'ilK_ JC' rLEr'�TE��. - INSECT DAMAGE DISCLOSURE This report DOES NOT WARRANTY the absence of woodboring insects. It is only a visual examination of the readily accessible areas. The inspection report is intended to record evidence or activity found on the day of an inspection. Our Inspectors rely solely on visual, non-destructive methods when performing their inspection. We do not remove or disturb areas such as walls, insulation, paneling, or baseboards, fixed materials, permanent or non-permanent ceiling tiles when performing a woodboring insect inspection. Repairs and renovations to a home or other changes in conditions may reveal insect activity that was not discoverable during an inspection. If evidence of woodboring insect activity has been removed or concealed before the inspection, even a trained expert will not be able to detect the presence of woodboring insects. Our inspections are based on observations that would indicate past or present infestations, not future activity. Consequently, there is always a risk of insect activity that is not discoverable during an inspection,+'`For your protection, you should consult a licensed pest control company about warranties commonly available to protect you in case of future insect activity. ' ,. � `l,/ Client Signature Date Street Town State REVISED JULY 1998