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8 SKERRY STREET - BUILDING INSPECTION g S�P �.-y Ski-e.�--1 qT� yz �- 2/ �0 / �U�ca� c 1 Uhtt'L tILL eUUU 0h9T MiL 1; U.S.POSTAGE>)PITNEYBOWES CITY OF SALEM, MASSACHUSEiJYS a BUILDING INSPECTOR - c I. 120 WASHINGTON STREET, 3RD FLOOF' �. I • ZIP 01970 oOv 56' 02 1M v SALEM, MASSACHUSETTS 01970 1 , . . 0001392928FEB. 01. 2017, ObUT E'CEE 2000 0h9'C 2M Ist NOTICE 2nd NOTICE-- RE6LRNED ✓ 2 I 1 v� k NIXIE F115 SE 1 0993/01,117 •,_� RETURN TO SENDER j C ��/- UNCLAIMED ✓\(IVY UNABLE TO FORWARD AF1L ; SC'. 01970352393 *1S21-85303-01-39 "0`1970>3523' ,F ',se. �"` 41 � � ��� �.. i� I �,. r - - ;� '� _ r '� -- -- ...... .,..u._.,.H._. ..,._ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERYI ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X 1:1 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Panted Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑ No II I III�I I,I III I II i I III II I II I III I II I I III 3. Service Type ❑Priority H yMail r ® ❑Adult Signature ❑Registered Mail.. O Adult Signature Restricted Delivery ❑Registered Mail Restrict¢, 9590 9402 1861 6104 1205 74 ❑Certified Mail® Delivery 0 Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from Service label) ❑Collect on Delivery Restricted Delivery O Signature Confirmatlon•'^ 0 Insured Mail ❑ finn Signature Conatian ❑Insured Mall Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 _ Domestic Return Receipt USPS MACMG# First-Class Mall 1111111111111111111 I I 111111 Postage&Fees Paid Permft No.G-10 9590 9402 1861 6104 1205 74 United States •Sender.,Please print your name,address,and ZIP+q®in this box- Postal Setvice City Of Salem Building Department 120 Washington Street Salem, MA 01^;p CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 372D FLOOR TEL: 978-745-9595 KIMBERLEY DRISCOLL FAx: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER l February 2, 2017 Cynthia Cart 11 Squire Armour Road Windham,New Hampshire 03087 RE: 8 Skerry Street Ms. Catt, This letter shall serve as this Departments follow up to our letters of June 3, 2016, January 19, 2017 and subsequent communications with our office. With the completion of the items listed below and their accompanying comments the outstanding violations at your property have been brought to compliance as required by our office. 1- 8 Skerry Street, Unit#2—The passage door hardware has been installed on the interior bedroom entry door as required by this department. (Compliance) 2- 8 Skerry Street, Unit#1 &#2- Unit number designations have been located on all entry doors to the first and second floor units as required by this Department. (Compliance) 3- 8 Skerry Street, Unit#2—The openings in the hardwood floor have been filled as required by this office. The method of repairing the openings, The large hole being repaired with new 314 inch hardwood flooring and small hole being repaired with a two (2) -part epoxy resin (designed for wood repair at sub floor) and then leveled with wood filler is accepted. (Compliance) 4- 8 Skerry Street, Unit#2—The gas range igniter that you replaced as required upon further investigation by this Department is electronic and no pilot is used. It is an electrical part and not connected directly to the gas components. Thus, the installation did not require a licensed gas fitter making the installation you previously completed acceptable. (Compliance) Respectfully, Tho as St. Pie e Building Commissioner and Zoning Office Cc: file, Dominick Pangalllo CITY OF SALEM, MASSACHUSETTS ` BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978)745-9595 KIMBERLEY DRISCOLFax(978)740-9846 L, MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER January 19, 2017 Cynthia Plouff 8 Windham Road Windham NH. 03087-2306 Re 8 Skerry Street Dear Ms. PIouff, Per our telephone discussion today, this letter is to confirm that you will hire a licensed,qualified gas repairman or gas fitter to check on the repairs that were made to the gas stove in unit#2. When complete,please forward a copy of the invoice or other evidence to demonstrate compliance. If you have any questions,please contact me directly. Thomas St Pierre lV/i�Z(b-Cup Building Commissioner/Director of Inspectional Services R CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,31D FLOOR TEL: 978-745-9595 KIM 3ERLEY DRISCOLL FAX: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER February 2, 2017 Cynthia Catt 11 Squire Armour Road Windham,New Hampshire 03087 RE: 8 Skerry Street Ms. Catt, This letter shall serve as this Departments follow up to our letters of June 3, 2016,January 19,2017 and subsequent communications with our office. With the completion of the items listed below and their accompanying comments the outstanding violations at your property have been brought to compliance as required by our office. 1- 8 Skerry Street, Unit#2—The passage door hardware has been installed on the interior bedroom entry door as required by this department. (Compliance) 2- 8 Skerry Street, Unit#1 & #2- Unit number designations have been located on all entry doors to the first and second floor units as required by this Department. (Compliance) 3- 8 Skerry Street, Unit#2—The openings in the hardwood floor have been filled as required by this office. The method of repairing the openings; The large hole being repaired with new 3/4 inch hardwood flooring and small hole being repaired with a two (2) -part epoxy resin (designed for wood repair at sub floor)and then leveled with wood filler is accepted. (Compliance) 4- 8 Skerry Street, Unit#2—The gas range igniter that you replaced as required upon further investigation by this Department is electronic and no pilot is used. It is an electrical part and not connected directly to the gas components. Thus, the installation did not require a licensed gas fitter making the installation you previously completed acceptable. (Compliance) Respectfully, Tho as St.Pie e Building Commissioner and Zoning Office Cc: file, Dominick Pangalllo CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3x FLOOR TEL. (978)745-9595 FAX(978)740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER January 19, 2017 Cynthia Plouff 8 Windham Road Windham NH. 03087-2306 Re 8 Skerry Street Dear Ms. Plouff, Per our telephone discussion today, this letter is to confirm that you will hire a licensed,qualified gas repairman or gas fitter to check on the repairs that were made to the gas stove in unit#2. When complete, please forward a copy of the invoice or other evidence to demonstrate compliance. If you have any questions,please contact me directly. Thomas St.Pierre��/ Buildl/innngCommissioner/Director of Inspectional Services Michael Lutrzykowski From: Cynthia Catt <yarnandfiber@gmail.com> Sent: Monday, July 11, 2016 8:49 AM To: Michael Lutrzykowski Subject: 8 Skerry Street, Apartment 2 Attachments: Doorknob Replacedjpg;Wall Paneljpg; Door No LivRoomjpg; Door NumBedroom.jpg; Door Number Back Halljpg; Floor Hole Filled 2.jpg; Floor Holes Filledjpg Hello Mike, We have inspected and made repairs to the property located at 8 Skerry Street, Unit 2, Salem, MA. Here are our responses to the items per your inspection: In response to Item 1, as we discussed on the telephone on July 1, 2016, we replaced a mixer on the tub in Unit 2 by removing the panel in the hallway. Hallway panel has been replaced and a picture has been provided with this letter. In response to Item 2, doorknob replaced on Saturday, July 9, 2016 replaced and a picture has been provided with this letter. In response to Item 3, door number were put on all three doors of apartment and three pictures are provided with this letter; one for each door. In response to Item 4,room floor holes were filled on Saturday, July 9, 2016. In response to Item 5, Unit 2 is a two bedroom apartment. There are two rooms with two doors for exiting without walking through another bedroom to a general living area. Both rooms also have either a closet or a full wardrobe provided. We have attached photos of all repairs. Thank you, Cynthia Catt Landlord/Owner Of 8 Skerry Street,Salem MA t Cynthia Catt 11 Squire Armour Road Windham, NH 03087 July 9, 2016 City of Salem Building Inspector Attn: Thomas St Pierre and Mike R 120 Washington Street 4t' Floor Salem, MA 01970 Re: Inspection and Repairs Completed at 8 Skerry Street, Unit 2,Salem, MA Dear Tom and Mike: We have inspected and made repairs to the property located at 8 Skerry Street, Unit 2, Salem, MA. We have notified in writing Ms. Nicole Lacroix, the only leased occupant of this apartment, Unit 2,that inspection will be done on July 9, 2016 between the hours of 10 am and 5 pm. We were advised by both the Building Inspector in Salem, MA and our attorney to not enter the apartment prior to this date as written notice is required. We arrived at 8 Skerry Street, Unit 2, Salem, MA at 10:30 AM. Ms. Lacroix was not at home. We contacted her phone,which was intercepted, and told she was not home. We entered with our key and proceeded to inspect and make repairs. At approximately 1:30, Ms. Lacroix arrived back home with her friend, who began harassing and threatening us immediately. He appeared extremely agitated and became louder and louder by the minute. After over fifteen minutes of this, we packed and left the property. We will not be returning to this Unit until after Ms. Lacroix and her friend have vacated the apartment as we feared for our safety. He informed us that we were in "his" house and should leave. At one point, the boyfriend said to my husband, "You want to just take this outside!" My husband had simply stated that we were working through the repairs as quickly as possible. He was extremely irrational and just continued to yell at us through when we left. Here are our responses to the items per your inspection: In response to Item 1, as we discussed on the telephone on July 1, 2016, we replaced a mixer on the tub in Unit 2 by removing the panel in the hallway. Hallway panel has been replaced and a picture has been provided with this letter. In response to Item 2, doorknob replaced on Saturday,July 9, 2016 replaced and a picture has been provided with this letter. In response to Item 3, door number were put on all three doors of apartment and three pictures are provided with this letter; one for each door. In response to Item 4, room floor holes were filled on Saturday, July 9, 2016. In response to Item 5, Unit 2 is a two bedroom apartment. There are two rooms with two doors for exiting without walking through another bedroom to a general living area. Both rooms also have either a closet or a full wardrobe provided. We have attached photos of all repairs. Thank you, 4cvt�ia Catt Landlord/Owner Of 8 Skerry Street,Salem MA F1JW Ilv._ �.T� 41 YE 4nSY i� 3� Cynthia Catt 101b JUL -5 A` 11 Squire Armour Road Windham, NH 03087 July 5, 2016 City of Salem Board of Health Attn: Larry Ramdin and Jeffrey Barosy 120 Washington Street 4" Floor Salem, MA 01970 Re: Response to Certified Mail Received on July 3, 2016 Dear Mr. Ramdin and Mr. Barosy: We have received your certified mail outlining alleged violations at the property located at 8 Skerry Street, Salem, MA. We have notified in writing Ms. Nicole Lacroix, the only leased occupant of this apartment, Unit 2,that inspection will be done on July 9, 2016 between the hours of 10 am and 5 pm. We have been advised by both the Building Inspector in Salem, MA and our attorney to not enter the apartment prior to this date as written notice is required. Ms. Lacroix was notified by mail which should be received by Thursday at latest therefore giving her adequate 24-hour notice for Saturday. In response to Item 1,will be inspected on Saturday, July 9, 2016. In response to Item 2, room floor holes will be filled on Saturday,July 9, 2016. In response to Item 3 and 4, the lease states 11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing, Tenant shall: (n) Tenant is responsible for maintaining all appliances in good working order and providing services to all appliances as necessary. In response to Item 5, panel will be re-nailed to wall on Saturday, July 9, 2016. In response to Item 6,will be inspected on Saturday,July 9, 2016. In response to Item 7, lease Item 11 reads 11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing,Tenant shall: (b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; In response to Item 8, tiles were not missing when Ms. Lacroix leased apartment. Tiles have been removed in her stay and if they are missing,then Ms. Lacroix shall replace as per lease Item 11 11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing,Tenant shall: (h) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; In response to Item 9,there is a missing gutter and the hole that has been exposed in the wooden soffit, not the house. There is no hole into the house, only a hole in the soffit. In response to Item 10, there is not a hole in the wall, but a panel that was temporarily adjusted. A mixer was replaced for the second floor bathroom tub via this wall space. Panel will be put back in place on Saturday,July 9, 2016. Thank you for bringing these items to my attention, as my tenant had not let me know about these items. The last time, I tried to reach Ms. LaCroix, her telephone was intercepted and I was told my call was harassing and to cease all calls and then the call was terminated abruptly. Further documentation and photos will be sent to your office after inspection and any necessary repairs have occurred. nk u, n is Catt Landlord/Owner Of 8 Skerry Street,Salem MA RE Y�l MIP6 itk 44� FtViw 40Ib JUL -5 A 0 32 Cynthia Catt 11 Squire Armour Road Windham, NH 03087 July 1, 2016 Ms. Nichole Lacroix 8 Skerry Street Unit 2 Salem, MA 01970 Re: Notice for Entry to Apartment for Repairs Saturday,July 9, 2015 from 10:00 AM to 5:00 PM Dear Nichole: This is a notice that we will be at 8 Skerry Street, Unit 2 on Saturday,July 9, 2016 from 10:00 AM to 5:00 PM to make necessary repairs. We require access to all rooms and hallways. Thank you for your cooperation. Sin erely� ynthia Catt Landlord/Owner Of 8 Skerry Street, Salem MA 01970 Z81 JUL -s A 1 .32 Cynthia Catt 11 Squire Armour Road Windham, NH 03087 June 30, 2016 Ms. Nichole Lacroix 8 Skerry Street Unit 2 Salem, MA 01970 Re: Default in Rent Payment and Late Fee Applied 8 Skerry Street,Apartment 2, Salem, MA 01970 Dear Nichole: This is a notice that you have defaulted on your rent payment of June, 2016 per Massachusetts Residential Lease Agreement. As stated in Massachusetts Residential Lease Agreement signed on December 3, 2015 by tenant, Item 21 reads: 21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within fourteen(14)days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a'late fee"in the amount of One Hundred Dollars($100.00). Your payment of$400 is now due-this includes your rent payment default of$300 (June 2016) plus a $100 late fee per abovementioned agreement item as of June 30, 2016. Please send payment immediately to avoid future late charges. Thak you, 6�� Cynthia Catt Landlord/Owner Of 8 Skerry Street, Salem MA 01970 sPif�be'4 L 3' 4V �'�� 2fltb juL —5 A Q, 32 Cynthia Catt 11 Squire Armour Road Windham, NH 03087 July 5, 2006 Ms. Nichole Lacroix 8 Skerry Street Unit 2 Salem, MA 01970 Re: Reminder Rent is Due on V of Month 8 Skerry Street,Apartment 2,Salem, MA 01970 Dear Nichole: A friendly reminder that your rent is due on the 1"of the month and it is now the 511 and your payment for July and your overdue from June has not been paid. Your payment of$1900 is now due -this includes your rent for July 2016 of$1500 plus your rent payment default of$300(June 2016) plus a$100 late fee per abovementioned agreement item as of June 30, 2016. Please send payment immediately as late charges will be incurred per lease agreement Item 21. 21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within fourteen(14)days of when due,Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a"late fee"in the amount of One Hundred Dollars($100.00). If full payment is received prior to receipt of this letter,thank you for your payment. Than you, nth�Catt Landlord/Owner Of 8 Skerry Street, Salem MA 01970 Massachusetts Residential Lease Agreement THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement") made and entered into this 3"' day of December, 2015 by and between Cynthia and Jeremy Catt (hereinafter referred to as "Landlord") and Nicole Lacroix (hereinafter referred to as "Tenant"). WITNESSETH : WHEREAS, Landlord is the fee owner of certain real property being, lying and situated in Essex County, Massachusetts, such real property having a street address of 8 Skerry Street, Apartment #2, Salem MA 01970 (hereinafter referred to as the "Premises"). WI EREAS,', Landlord desires to lease the Premises to Tenant up,:m the terns and conditions as contained herein; and WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. TERM. This Agreement shall commence on December 3;2015. Lease;This Agreement shall continue as a lease for term. The termination date shall be on December 31,2016 at 11:59 PM. Upon termination date,lease will automatically renew and Landlord and Tenant formally extend this agreement as a year-to-year tenancy. If at any time Tenant desires to terminate the tenancy, Tenant may do so by providing to Landlord written notice of intention to terminate. Such notice to terminate must be provided to Landlord at least 90 days prior to the desired date of termination of the tenancy. If at any time Landlord desires to terminate the tenancy, Landlord may do so by providing to Tenant such written notice of intention to terminate at least 90 days prior to the desired date of termination of the tenancy. Notices to terminate to be provided 90 days prior to end of yearly lease term. 2. RENT. The total rent for the term hereof is the sum of One Thousand and Five Hundred Dollars ($1500.00)payable on the first day of each month of the term, in equal installments of One Thousand Five Hundred Dollars($1500-00) first and last installments to be paid upon the due execution of this Agreement. In accordance with ALM GL ch. 186, § 15B: upon receipt of the last month's rent, Landlord shall a provide Tenant a receipt indicating the amcunt of such rent, the date on.vhi:,,a was received, its intended application as rent for the last month of the tenancy,the name of the person receiving it and, the name of the Landlord for whom the rent is received. and a description of the rented or leased premises, and a statement indicating that the Tenant is entitled to interest on said rent payment. Commencing on the first day of tenancy, Landlord shall attribute to Tenant interest at the rate of one percent per year or other such lesser amount of interest as has been received from the bank where the deposit has been held. All such payments shall be made to Landlord at Landlord's address as set forth in the preamble to this Agreement on or before the due date and without demand. Prorated rent payment for first month, December 2015 only, has been established as$1354.84 as lease agreement has been initiated after the first of month taking into consideration that there are three days into December upon signing of lease. RENT PAYMENTS. Rent payments are to be mailed by check/money order for arrival on the I"of each month. Mailing address for checks/money orders is Cynthia Call, 11 Squire Armour Road,Windham, NH 03087. Rent payment may also be deposited by 11t of month into a bank account as agreed upon between landlord and tenant. Landlord will provide deposit slips for bank account as agreed. Residential Rental Agreement: 8 Skerry St, Apt. 42, Salem, MA Page 1 of 6 3. SECURITY DEPOSIT. Upon the due execution of this Agreement,Tenant shall deposit with Landlord the sum of One Thousand and Three Hundred Dollars($1300.00) as follows: Three Hundred Dollars ($300)upon execution of lease and the remainder to be due in one-third installments as follow Three Hundred Thirty Four Dollars ($334)due an January 1, 2016,Three Hundred Thirty Three Dollars($333) due on February 1, 2016,Three Hundred Thirty Three Dollars($333)due on March 1,2016, receipt of which is hereby acknowledged by Landlord, as security for any damage caused to the Premises during the term hereof. In accordance with ALM GL ch. 186, § 15B, such deposit received by Landlord shall be held in a separate, interest-bearing account in a bank, located within the Commonwealth under such terms as will place such deposit beyond the claim of creditors of the Landlord. Such deposit shall be returned to Tenant,with interest at the rate of one percent per year or other such lesser amount of interest as has been received from the bank where the deposit has been held, and less any set off for damages to the Premises upon the termination of this Agreement. 4. USE OF PREMISES. The Premises shall be used and occupied by Tenant and Tenant's immediate family,consisting of Nicole Lacroix, a spouse/partner and one child exclusively,as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Tenant for the purpose of carrying on any business,profession,or trade of any kind, or for any purpose other than as a private single family dwelling. Tenant shall not allow any other person,other than Tenant's immediate family or transient relatives and friends who are guests of Tenant,to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shall comply with any and all laws, ordinances, rules and orders of any and all governmental or quasi-governmental authorities affecting the cleanliness, use,occupancy and preservation of the Premises. 5. CONDITION OF PREMISES. Tenant stipulates, represents and warrants that Tenant has examined the Premises,and that they are at the time of this Lease in good order, repair, and in a safe, clean and - tenantable condition, 6. ASSIGNMENT AND SUB-LETTING. Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment,sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option,terminate this Agreement. 7. ALTERATIONS AND IMPROVEMENTS. Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord. Any and all alterations,changes,and/or improvements built, constructed or placed on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant,be and become the property of Landlord and remain on the Premises at the expiration or earlier termination of this Agreement. 8 NON-DELIVERY OF POSSESSION. In the event Landlord cannot deliver possession of the Premises to Tenant upon the commencement of the Lease term,through no fault of Landlord or its agents,then Landlord or its agents shall have no liability, but the rental herein provided shall abate until possession is given. Landlord or its agents shall have thirty(30)days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the dernised Premises and pay the rental herein provided from that date. In the evert possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate. 9. HAZARDOUS MATERIALS. Tenant shall not keep on the Premises any item of a dangerous, flammable or explosive character that might unreasonably increase the danger of fire or explosion on the Premises or that might be considered hazardous or extra hazardous by any responsible insurance company. 10. UTILITIES. Tenant shall be responsible for arranging for and paying for gas and electric utility services required on the Premises. National Grid Gas and National Grid Electric are the utility providers for the dwelling. 11. MAINTENANCE AND REPAIR; RULES. Tenant will,at its sole expense,keep and maintain the Premises and appurtenances in good and sanitary condition and repair during the term of this Agreement and any renewal thereof. Without limiting the generality of the foregoing,Tenant shall: (a) Not obstruct the driveways,sidewalks,courts,entry ways,stairs and/or halls,which shall be used for the purposes of ingress and egress only: Residential Rental Agreement: 8 Sherry St, apt. 42, Salem, MA Page 2 of 6 (b) Keep all windows,glass,window coverings,doors,locks and hardware in good,clean order and repair; (c) Not obstruct or cover the windows or doors; (d) Not leave windows or doors in an open position during any inclement weather; (e) Not hang any laundry,clothing,sheets,etc. from any window, rail,porch or balcony nor air or dry any of same within any yard area or space, (f) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord; (g) Keep all air conditioning filters clean and free from dirt, (h) Keep all lavatories,sinks,toilets,and all other water and plumbing apparatus in goad order and repair and shall use same only for the purposes for which they were constructed. Tenant shall not allow any sweepings,rubbish,sand,rags,ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost of clearing stopped plumbing resulting from misuse shall be borne by Tenant; (i) And Tenant's family and guests shalt at all times maintain order in the Premises and at ail places on the Premises, and shall not make or permit any loud or improper noises,or otherwise disturb other residents; (j) Keep ail radios,television sets,stereos, phonographs,etc.,turned down to a level of sound that does not annoy or interfere with other residents; (k) Deposit all trash,garbage, rubbish or refuse in the locations provided therefor and shall not allow any trash,garbage,rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; (1) Abide by and be bound by any and all rules and regulations affecting the Premises or the common area appurtenant thereto which may be adopted or promulgated by the Condominium or Homeowners'Association having control over them. (m) Tenant shall maintain an adequate level of heating to prevent damage or freezing of water pipes. (n) Tenant is responsible for maintaining all appliances in good working order and providing services to all appliances as necessary. (o) Tenant is responsible for maintaining all areas where snow or ice may occur including walkway to mailbox,front steps,front sidewalk and sidewalk along side of house to school. (p) Tenant is responsible for maintaining all areas in front of house to keep a fitly appearance a, maintain garden,clip hedge,etc. 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly uninhabitable by fire,storm,earthquake, or other casualty not caused by the negligence of Tenant,this Agreement shall terminate from such time except for the purpose of enforcing rights that fray have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Landlord and Tenant up to the time of such injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating this Lease. in the event that Landlord exercises its right to repair such uninhabitable portion, the rental shall abate in the proportion that the injured parts bears to the whole Premises, and such part so injured shall be restored by Landlord as speedily as practicable,after which the full rent shall recommence and the Agreement continue according to its terms. 13. INSPECTION OF PREMISES. Landlord and Landlord's agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter the Premises for the purpose of Residential Rental Agreement: 8 Skerry St, Apt. 92, Salem, MA Page 3 of 6 inspecting the Premises and all buildings and improvements thereon. And for the purposes of making any repairs, additions or alterations as may be deemed appropriate by Landlord for the preservation of the Premises or the building_ Landlord and its agents shall further have the right to exhibit the Premises and to display the usual"for sale", "for rent"or"vacancy"signs on the Premises at any time within forty- five(45)days before the expiration of this Lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, alterations or additions that do not conform to this Agreement or to any restrictions, rules or regulations affecting the Premises. 14. SUBORDINATION OF LEASE. This Agreement and Tenant's interest hereunder are and shall be subordinate,junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed or the Premises by Landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest payable on such mortgages, liens or encumbrances and any and all renewals,extensions or modifications of such mortgages,liens or encumbrances. 15. TENANT'S HOLD OVER. If Tenant remains in possession of the Premises with the consent of Landlord after the natural expiration of this Agreement,a new tenancy from month-to-month shall be created between Landlord and Tenant which shall be subject to all of the terms and conditions hereof except that rent shall then be due and owing at One Thousand and Five Hundred Dollars($1500.00)per month and except that such tenancy shall be terminable upon ninety(90)days written notice served by either party. 16. SURRENDER OF PREMISES. Upon the expiration of the term hereof,Tenant shall surrender the Premises in as good a state and condition as they were at the commencement of this Agreement, reasonable use and wear and tear thereof and damages by the elements excepted. 17, ANIMALS. If Tenant would like to add an animal to the family,Tenant shall notify landlord. - Tenant shall not have any other animal in possession thereof without the prior written consent of Landlord including,but not limited to,cats and birds. Tenant shall maintain rental insurance with coverage specifically related to any animal. A copy of this rental insurance shall be provided to landlord. 18. PARKING. One off-street parking space is provided to tenant. Parking space for Apartment#2 is against the fence. 19, YARD USE. Tenant has full use of front yard. Front yard is yard area closest to front door. Tenant is responsible for maintaining area including snow removal and landscaping. 20. QUIET ENJOYMENT. Tenant, upon payment of all of the sums referred to herein as being payable by Tenant and Tenant's performance of all Tenant's agreements contained herein and Tenant's observance of all rules and regulations,shall and may peacefully and quietly have, hold and enjoy said Premises for the term hereof, 19. INDEMNIFICATION. Landlord shall not be liable for any damage or injury of or to the Tenant, Tenant's family,guests, invitees,agents or employees or to any person entering the Premises or the building of which the Premises are a part or to goods or equipment, or in the structure or equipment of the structure of which the Premises are a part,and Tenant hereby agrees to indemnify, defend and hold Landlord harmless from any and all claims or assertions of every kind and nature. 20. DEFAULT, If Landlord determines that the Tenant is in default of this Agreement, Landlord may provide Tenant with a written Notice to Quit,and Tenant shall have a limited number of days to cure the default unless otherwise excepted. Specifically, (a) for the failure to pay rent when due, Tenant shall have fourteen(14)days to cure,and(b)for activities in contravention of this Agreement(including but not limited to having or permitting unauthorized pets, guests, or vehicles, parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary),the Tenant shall have seven (7)days to cure. If Tenant fails to cure the default within the required time frame, Landlord rnay immediately terminate this Agreement, and Tenant shall immediately vacate the Premises and shall return the keys to Landlord. However, if Tenant's default is of a nature that Tenant should not be given an opportunity to cure the default(including but not limited to destruction,damage,or misuse of Landlord's or other tenants' property by intentional act or a subsequent or continued unreasonable disturbance), Landlord may deliver a written Notice to Quit to Tenant specifying the default and Landlord's intent to terminate this Agreement. In such event, Landlord may terminate this Agreement, and Tenant shall have seven(7)days from the date that the notice is delivered to vacate the premises.In addition, if this Agreement is terminated pursuant to this paragraph, Landlord may, at Landlord's option,declare the Residential Rental Agreement: 8 Skerry St, Apt. #2, Salem, MA Page 4 of 6 entire balance of rent payable hereunder to be immediately due and payable and may exercise any and all rights and remedies available to Landlord at law or in equity. 21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within fourteen(14)days of when due,Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount of One Hundred Dollars($100.00). 22. ABANDONMENT. If at anytime during the term of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by law, and without becoming liable to Tenant for damages or for any payment of any kind whatever. Landlord may, at Landlord's discretion, as agent for Tenant, relet the Premises,or any part thereof, for the whole or any part thereof,for the whole or any part of the then unexpired term,and may receive and collect all rent payable by virtue of such reletting, and,at Landlord's option, hold Tenant liable for any difference between the rent that would have been payable under this Agreement during the balance of the unexpired term, if this Agreement had continued in force,and the net rent for such period realized by Landlord by means of such reletting, If Landlord's right of reentry is exercised following abandonment of the Premises by Tenant,then Landlord shall consider any personal property belonging to Tenant and left on the Premises to also have been abandoned, in which case Landlord may dispose of all such personal property in any mariner Landlord shall deem proper and Landlord Is hereby relieved of all liability for doing so. 23. ATTORNEYS'FEES, Should it become necessary for Landlord to employ an attorney to enforce any of the conditions or covenants hereof, including the collection of rentals or gaining possession of the Premises,Tenant agrees to pay all expenses so incurred, including a reasonable attorneys'fee. 24. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any public office. In the event that Tenant shall record this Agreement, this Agreement shall, at Landlord's option,terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 25. GOVERNING LAW, This Agreement shall be governed, construed and interpreted by,through and under the Laws of the Commonwealth of Massachusetts. 26. SEVERABILITY. If any provision of this Agreement or the application thereof shall,for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons,entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 27. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be binding on and inure to the benefit of the heirs,legal representatives,and assigns of the parties hereto. 28. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 29. CONSTRUCTION. The pronouns used herein shall include, where appropriate, either gender or both, singular and plural. 30. NON-WAIVER. No indulgence,waiver, election or non-election by Landlord under this Agreement shall affect Tenant's duties and liabilities hereunder. 31. MODIFICATION. The parties hereby agree that this document contains the entire agreement between the parties and this Agreement shall not be modified,changed, altered or amended in any way except through a written amendment signed by all of the parties hereto. Residential Rental Agreement: 8 Skerry St, Apt. #2, Salem, MA Page 5 of 6 32. NOTICE. Any notice required or permitted under this Lease or under state taw shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested,addressed as follows: If to Landlord to: Cynthia and Jeremy Call 11 Squire Armour Road Windham, NH 03087 If to Tenant to: Nicole Lacroix 8 Skerry Street Salern, MA 01970 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. As to Landlord this 31'd Day of December, 2015. LANDLORD. Sign: n Print: �J�77�tL-vim_ �;`{. Date: As to Tenant, this 3`d Day of December, 2015. TENANT('Tn eiantt"): TeroA Print: � � � fe'ch. it a p1 & I Aq " 3 Residential Rental Agreement: 8 Skerry St, Apt. #2, Salem, MA Page 6 of 6 CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 3"D FLOOR TEL: 978-745-9595 KIMBERLEY DRISCOLL FAX: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER June 28,2016 Cynthia Catt 11 Squire Armour Road Windham,New Hampshire 03087 RE: 8 Skerry Street Ms. Catt, This Department received a complaint regarding alleged building code violations at your property located at 8 Skerry Street.The complaints were investigated on Wednesday,June 22, 2016 and the alleged violations were confirmed. The most egregious violation found at the property were regarding the rear/side stairwell egress, which was blocked with rugs, shoes, house hold items and storage bins. This violation was brought to the first floor tenants attention (and a subsequent message left on yourphones message machine at 2:25 p.m) who stated the items were his property. He was directed to remove the items immediately and a re- inspection would occur on the morning of June 23, 2016, as this violated Massachusetts State Building Code. The stairwell was not cleared, but following our morningphone call of Thursday,June 23, 2016 and a subsequent site visit by this office, the stairwell was brought into compliance. Additionally, under the authority of the Mass State Building Code 780 C.M.R,you are directed to address the following: 1- 8 Skerry Street, Unit#2—It appears unpermitted mechanical work. (Section 105.0 of 780 CMR, the State Building Code)has been per in the kitchen area hall on the second floor unit. It is requested a licensed Mechanical Contractor review this workfor compliance and if correction work is required the applicable permits, it's fees and a Worker's Compensation Affidavit are submitted during the filing. 2- 8 Skerry Street, Unit#2—Installation of new door hardware on bedroom entry door are installed in second floor unit. 3- 8 Skerry Street, Unit#2- Unit number designations shall be placed on all entry doors to the living units. CITY OF SALEM, MASSACHUSETTS w r BUILDING DEPARTMENT 120 WASHINGTON STREET,3"D FLOOR TEL: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER 4- 8 Skerry Street, Unit#2—Drill/cut holes in living room floor shall be filled to complete fire rated assembly. 5- 8 Skerry Street, Unit#2—Second floor unit as configured is a one-bedroom apartment. You are hereby ordered to begin to rectify these conditions within 7 days of receipt of this notice. Failure to do so may result in fiuther actions being brought against you,up to and including the filing of criminal complaints at District Court. You have the right to appeal this order to the State Board of Building Regulations at One Ashburton Place,Boston,Ma. If you have any questions regarding this letter,contact the Building Inspectors Office at(978)619-5640. Respectfully, Thomas St.Pierre Building Commissioner and Zoning Officer Ce: file Affidavit We the below signed Jeffrey Plouff and Cynthia M. Plouff hereby state under the pains and penalties of perjury: that we are scheduled to purchase residential real estate located at 8 Skerry Street, Salem, Essex County, Massachusetts on April 28, 2003; that the third floor unit of said real estate is not currently rented or occupied; that we will not rent or occupy said third floor unit during our ownership of the real estate, unless we first notify the fire department of the City of Salem, Massachusetts and obtain a Certificate of Compliance with Massachusetts General Laws Chapter 148, Sections 26E and 26F for said third floor unit. that we realize that the apartment on the third floor is not a legal unit and to legalize the unit, we must apply for a special permit from the Zoning Board of Appeals before a certificate of occupancy is issued for the third unit. S,, ned.0 der the pains and penalties of perjury this _day of 2003. Je -PIMTr Cy thia M. Plou f Commonwealth of Massachusetts Essex, SS. Then personally appeared the above-named Jeffrey Plouff and Cynthia M. Plouff and acknowledged the foregoing instrument to be their free act and deed before me. i;) C4 Notary Public Signature: Notary Public Printed Name: My Commission Expires: V 1 Q 72- '\ I ( I l