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HomeMy WebLinkAbout0176 CRAIGVILLE BEACH ROAD l�� �1���v�l��` ��f1 C� r) I`-`/ i - - - -- - - Complaint. Call Report Printed On:7/9/2020 97 OLD TOWN ROAD, HYANNIS caa+ Case# C-20-73 Case#: C-20-73 Address: 97 OLD TOWN ROAD, Date: 2/19/2020 HYANNIS Owner Info: Property Info: BARCELO,JIAN C &PIVA, MBL: RENATA 176 CRAIGVILLE BEACH ROAD 268-072 HYANNIS MA 02601 Owner Notified?: Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Zoning, Medium Priority Dept Referral Complaint Summary: Renting former family apartment -new owner? Action History: Action Taken Date Description Fee Inspector Close Case 7/9/2020 Legal apartment in rear $0.00 bowerse of lot Inspector Assigned to Complaint: bowerse Filed by: andersor Comments: Comment Date Commenter Comment Date: 7/9/2020 Town of Barnstable „ . Town of Barnstable Building • x �;x'; y s _ Post This039. Card So That it is=Visible Fromthe Streets �App`roved Plans Must be Retamed�on Job and this Card Mutbe� p Posted UntihFinalInspectionHas Been Made x � �' i` Re uced``siichBuildm shall'Notbe�®cca �ed`until,a"Final Ins ec W t�on,has been mailed ,:' Permit here a Certificate of Occupancy s q g p P .v,.. ,Fin .x..,,.,•.,, ,,.,.z. , '3�v,'A ..wA+.. .�<?�„ .. .�„�. �.k�4.«. ,/.. .,., f«,.. ,,d � -�`€. ':.« .. � .'.:. .. .. :r<�i�'`. Permit No. B-18-773 Applicant Name: Jonathan Whipple Approvals Date Issued: 04/02/2018 Current Use: Structure Permit Type: Building-Insulation-Residential Expiration Date: 10/02/2018 Foundation: Location: 176 CRAIGVILLE BEACH ROAD, HYANNIS Map/Lot 267 145 Zoning District: RB Sheathing: Owner on Record: BARCELO,JIAN&PIVA, RENATA £'! Contractor Name� ,,,JONATHAN N WHIPPLE framing: 1 Address: 176 CRAIGVILLE BEACH ROAD ,Contractor License: CS 078683 2 Cost: $5,974.00 HYANNIS, MA 02601 a; Est Protect Chimney: Description: Insulation.Air Sealing.Weatherstrip.Add ventilationwchutes. Permit Fee: $85.00 Insulate basement sills. - Insulation: Fee#Paid: $85.00 Project Review Req: Date 4/2/2018 Final: - 3; � Plumbing/Gas z b Rough Plumbing: .. 5 Building Official final Plumbing: This permit shall be deemed abandoned and invalid unless the work authonied�by,this permit is commenced within six m onths after issuance. All work authorized by this permit shall conform to the approved application and the-approved construction documents for whichAhis permit has been granted. Rough Gas: All construction,alterations and changes of use of any building and strtures shall be in compliance with the local zoning by laws and codes. uc This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspeion for the entire duration of the Final Gas: work until the completion of the same. Electrical The Certificate of Occupancy will not be issued until all applicable signatur�es,by the Building and`Fire Officials are provided on this permit. Minimum of Five Call Inspections Required for All Construction Work Service: x 1.Foundation or Footing 2.Sheathing Inspection ry - Rough: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed Final: 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection 5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough: 6.Insulation 7.Final Inspection before Occupancy Low Voltage Final: Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund” (as set forth in MGL c.142A). Fire Department Building plans are to be available on site All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT Final: 1�M14's'L ,S'icr�T- TOWN OF BARNSTABLE BUILDING PERMIT APPLWATION 'tvlap C Parcel 6 1 Application ## �Health Division � Date Issued 10// Conservation Division O Application Fee Planning Dept. ,,per Permit•FeeC? Date Definitive Plan Approved by Planning Board Historic - OKH _ Preservation/ Hyannis,,�� 71 S c r4"f- Project Street Address 17* Beac k 0°S oa d Village Pla `YYIn Owner Jta-,r, C• oq . ba Cc e to Address C'Ca l'!Jo 11e B8.0 kl RaL -Telephone g(gy Fq N 1N 4 a? r Permit Request e I o©c�'Y`!�_, Cab r-»eT5 , kk p have shref Cock) �2S 6/0 Ch2 e Qpr /a-r� Square feet: 1 st floor: existing proposed 2nd floor: existing proposed Total new Zoning District Flood Plain Groundwater Overlay Project Valuation IS QCb ' ' Construction Type Lot Size Grandfathered: ❑Yes ❑ No If yes, attach supporting documentation. Dwelling Type: Single Family Two Family ❑ Multi-Family (# units) Age of Existing Structure �s Historic House: ❑Yes 9 No On Old King's Highway: ❑ 5o L� Yes WrI Basement Type: Full ❑ Crawl ❑Walkout ❑ Other Basement Finished Area (sq.ft.) Basement Unfinished Area (sq.ft) Number of Baths: Full: existing 0 new Half: existing new Number of Bedrooms: existing _new Total Room Count (not-including baths): existing 4- new First Floor Room Count Heat Type and Fuel: YGas ❑ Oil ❑ Electric ❑ Other Central Air: ❑"Yes ❑ No Fireplaces: Existing New Existing wood/coal stove: ❑Yes efNZ Detached garage: ❑existing ❑ new size_Pool: ❑ existing ❑ new size — Barn: ❑ existing ❑ new size_ Attached garage: ❑ existing ❑ new size _Shed: ❑ existing ❑ new size — Other: Zoning Board of Appeals Authorization ❑ Appeal # Recorded ❑ Commercial ❑Yes ❑ No If yes, site plan review# Current Use Proposed Use APPLICANT INFORMATION (BUILDER OR HOMEOWNER) Name ^ +d'1r� C ad<-C e h o Telephone Number GOP Fq`t -4u y SO Address P6 Cca l!�, Vt (J e F2Qac h IJ License # Home Improvement Contractor# Email Jar c e log Worker's Compensation # ALL CONSTRUCTION DEBRIS RESULTING FROM THIS PROJECT WILL BE TAKEN TO SIGNATURE �� DATE Ion / ,?,03 G FOR OFFICIAL USE ONLY APPLICATION # DATE ISSUED '- MAP/PARCEL NO. . ..,E 'ADDRESS VILLAGE a OWNER DATE OF INSPECTION: FOUNDATION FRAME INSULATION FIREPLACE ELECTRICAL: ROUGH FINAL "PLUMBING: ROUGH FINAL GAS: ROUGH FINAL FINAL BUILDING DATE CLOSED OUT ASSOCIATION PLAN NO. f Yhe Commo7tweaM qfJla3mmdrrrsei& Department qfln&sfzidAcddmz& � d� 6x00 WasliirrgtEiR Street Boston,MA 02HI - Workers' Cum pensaffinInmn=ce Affiiwit Ikulile7J�h-ActursAUeehicLuLvFlmmbers App' card Infbm=f nu Please Prim Ad&e= , (, C-s b x�,N l le 3 rnac 1h 'n Phi= SOP ect Cl i `t It? Axe you an employer?Checkthe appropriate bem Type of project(required)_ L❑ I am a employer vib. 4. ❑I am a general ea draictar and I 6- ®R=dermg onsS�Eion empkyeea(fall anifor pa��j.* 1mve Em-ed the2.ElI am a sale propaetm orpaftaar- Fisted onthe att&c- sheet` 7 andd have no emplWee These sub-comracfms have & ❑Demali n Waling Exmein any sty. �o7w andbave wodmrs- [NO se comp.insunm a comp-m��l . . 9- ❑Banding addifioa I 5. ❑ We are a cmporatim and its 1�I❑Elecfticai repairs or adc%= 3. I am a homeoz=doing all work officers have�eRn-ixad their IL[]MMA iagrepaiss or additions myself[Nowuxk='gip- xiflbf of a on per UCL 1?❑Boofrepaim inn= =req,;md-]i c.M,§IM andweliavem} enlEdoyem[No WMADE& 13-❑'Other cam-i nmsace reqniredL1 •$stpapgFr�6satcbedsUoscl�stalsofillrnth�sedioaheLaa �eirvmdce:s'maap�•mA•,•p0ycgi � # vdm salmi�sfiidaaa`leg$leg axg r7�<sit vcaa�c sad B�]gxe aat9d+e camt��st submit a nev<�d:eFt SLICIL ' fCaa=Cam-ffistc ec7,il 1r1 - I Cadt�aasAdiYumaldM9Sb=*39tLeaMOMofdze =dStI&vhelfmoraotfmseemifiesl?xM - employees.fft3�esl�ee�F��r�gmt�deffi�s '�•F��� lam mt srriplier tlratis praui"diirg ivQri€ers'rrxrresati�rt iccsruarrcanr eaxpfa} x ,Below is fJrs paIiGy ash jail sits ��orm�nla - lasmce Campafrg Alarse: Pafiey#or f-inL Iic. es _ Job Eta Address_ C�ylStafefp: . Af#ach a copy of the workers°compeasationp.olicy declarafion page•(showing the poRcy,number and e3:pirafion date). Failrre to secum coverage as required under SecHon 25A of MGM r-152 can lmd to the imposition of caimmal pemid of a fine up to$L,Saa OD andfor one-gearimpfiso as w6U as civil peualti,es is the form of a STOP WORK(MERand a fme, of up to$254-M a dap 26—aiasf the violafar. Be advised&d a copy of this sbkmeuit may,be forwarded to fie Office of lmvesfi�gaafls of the DIA for coverage VeriffCalim F ria herby esrtjyr under t#.s Faros andpmudker afp ffuEt die u formmWa pror.EW abmw is thse and cc irrrect � Dale- �E7 0 �� PbQne i J�a �y cf i(f(4`� 0,OEdat EW anEy. 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AWC Guide to Wood Construction in High Wind Areas.110 mph.Wind Zone Massachusetts Checklist for Compliance(780 C.�5301.2.1.1)1 Q Check Compliance 1.1 SCOPE WindSpeed(3-sec,gust).......:............._.............................................. .......................:........... ....__....110 mph _ WindExposure Category_._.._......................................................................................................................B 1.2 APPLICABILITY Number of Stories .............................:..... :..:................ ...Fig 2)............................ stories 5 2 stories _ RoofPitch ....._...............................................:...................(Fig 2) ........................................... 512:12 Mean Roof Heigh (Fig 2)_............._............._ ' BuildingWidth,W......................_.......... ...._...............(Fig 3).......................... _ Building Length,L ..........**"**'*................. *.................... I(Fig 3)............._................................ ft S80, — Building Aspect Ratio(L1W) —........................:......................(Fig 4)................................................. _<3:1 Nominal Height of Tallest Opening2 ................._................(Fig 4)................................................ 5 6'8' — 1.3 FRAMING CONNECTIONS General compliance with framing connections....................(Table 2)......................................................... 2.1 FOUNDATION Foundation Wails meeting requirements of 780 CMR 5404.1 Concrete, ConcreteMasonry......................................................:............................................................................. 2.2 ANCHORAGE TO FOUNDATION 5/8'Anchor Bolls imbedded or 5/8'Proprietary Mechanical Anchors as an alternative In concrete only BoltSpacing-general..........................................(Table 4)............................................... in. _ Bolt Spacing from endroint of plate ............................(Fig 5)................_................... in.5 6"-12" Bolt Embedment-concrete.........................................(Fig 5)................................................_in.z 7' Bolt Embedment-masonry.........................................(Fig 5)........................................:... in.>15' PlateWasher...............................................................(Fig 5)...............................................>3'x 3"x'/.' 3.1'FLOORS Floor framing member spans checked ...............................(per 780 CMR Chapter 55).................................... _ Maximum Floor Opening Dimension...................................(Fig 6)............................._ft 512'or L/2 or W/2 _ Full Height Wall Studs at Floor Openings less than 2'from Exterior Wall(Fig 6)...............................'.._.... Maximum Floor Joist Setbacks — Supporting Loadbearing Walls or Shearwall................(Fig 7).................................................... ft 5 d Maximum Cantilevered Floor Joists _ — Supporting Loadbearing Walls or Shearwall................(Fig 8).................................................... --ft-5 d_ Floor Bracing at Endwails...................................................(FIg 9)................................................... — Floor Sheathing Type ........................................................(per 780 CMR Chapter 55).................................... _ Floor Sheathing Thickness.................._.............................(per 780 CMR Chapter 55)....................... in. Floor Sheathing Fastening.................................................(Table 2).._d nails at in edge/ in field — 4.1 WALLS Wall Height Loadbearing walls..........._...................._......... .......(Fig 10 and Table 5)......................... ft 510' Non-Loadbearing walls...............................................(Fig 10 and Table 5)........................... ft 5 20' _— Wall Stud Spacing ..........................I.............................(Fig 10 and Table 5).................... in.5 24'o.c. Wall Story Offsets ........................................................(Figs 7&8)............................................_ft 5 d — 42 EXTERIOR WALLS' Wood Studs Loadbearing waifs........................................................(Table 5)..............................2X -_ft_in. Non-Loadbearing walls able 5 _ — Gable End Wail Bracing' Full Height Endwall Studs...........................................(Fig 10)................... _......................................... :... WSP Attic Floor Length................................................(Fig 11).............................................—ft>W/3 Gypsum Ceiling Length(If WSP not used)...................(Fig 11)....................:........_._._.........._ft>0.9W _ 2 x 4 Continuous Lateral Brace @ 6 ft.o.c...(Fig 11).............`............................................... Double Top Plate — Splice Length ........................................................(Fig 13 and Table 6).............. ..... Splice Connection(no.of 16d common nails)..............(Table 6)........................................................ J r AWC Guide to Wood Construction in High Wind Areas: 110 mph Wind Zone Massachusetts Checklist for Compliance(7so CMR 5301.2.1.1)t Loadbearfng Wall Connections Lateral(no.of endnalled 16d common nails)...».........(Table 7).........................._............................ Non-Loadbearing Wall Connections Lateral(no.of endnaled 16d common nals).._»..».....(fable 8)...................................................... Load Bearing Wall Openings(record largest opening but check all openings for compliance to Table 9) HeaderSpans ...................................................:...(Table 9)........_........................_ft_in.s 11' _ Sill Plate Spans ._...».......».....................................(Table 9)................................._ft_in.511' Full Height Studs (no.of studs)...........................»....(Table 9)........................................................ — Non-Load Bearing Wall Openings(record largest opening but check all openings for compliance to Table 9) HeaderSpans.............................................................(Table 9)................................._ft_In.51T Sill Plate Spans...........................................................(Table 9)......................... ..._ft_in.512' Full Height Studs(no.of studs)..................................(Table 9).................................................. ».... Exterior Wall Sheathing to Resist Uplift and Shear Simultaneously" — Minimum Building Dimension,W Nominal Height of Tallest Opening2 ......... ...................................................................._5 6'8' _ SheathingType..............................................(note 4)...................................................... Edge Nail Spacing.........................................(Table 10 or note 4 if less)....... in. _ Field Nail Spacing.........................................(Table 10)......................................._......... in. _ Shear Connection(no.,of 16d common nails)(Table 10)»...............»..................................... _ Percent Full-Height Sheathing.......................(Table 10)»................................................. % _ 5%Additional Sheathing for Wall with Opening>6'8'(Design Concepts).............. Maximum Building Dimension,L Nominal Height of Tallest Opening2......................................................................... 5 6'8' _ SheathingType........................................._..(note 4)...........»......................................... Edge Nall Spacing...................._...................(Table 11 or note 4 if less)..... .. ..............._in. Field Nail Spacing..........................................(Table 11)............................................»... in. _ Shear Connection(no,of 16d common nails)(Table 11)........................................................ _ Percent Full-Height Sheathing.......................(Table 11)....... ..»...._»........_...».................... _% _ 5%Additional Sheathing for Wall with Opening>618'(Deign Concepts)...........». ... Wall Cladding — Ratedfor Wind Speed?.............._............................................................................................................. 5.1 ROOFS Roof framing member spans checked?...............».....(For Rafters use AWC Span Tool,see BBRS Webs e) _• it Roof Overhang ...................................................(Figure 19).............. ft 5 smaller of 2'or L/3 Truss or Rafter Connections at Loadbearing Walls — Proprietary Connectors Uplift................................................(fable 12)............................................U= plf Lateral ......... able 12 ..........L= pif Shear..........................................._(Table 12)............................................S—plf _ Ridge Strap Connections,If collar ties not used per page 21.....(fable 13)..............................T= plf _ Gable.Rake Outfooker............................. (Figure 20)............ _ft s of 2' smalleror L/2 Truss or Rafter Connections at Non-Loadbearing Walls — Proprietary Connectors Uplift_..............................................(Table 14).............._................. U= lb. ........... Lateral(no.of 16d common nails)...(Table 14)...............................+.....:L=lb. _ Roof Sheathing Type...................................................(per 780 CMR Chapters 58 and 59).................. Roof Sheathing Thickness................................»....... _..............................................._in.z 7/16'WSP — Roof Sheathing Fastening...........................................(Table 2)........ -- 1. This checklist must be met in its entirety,excluding the specific exception noted in 2,to comply with the requirements of 7.80 CMR 530121.1 Item 1.If the checklist is met in its entirety then the following metal straps and hold downs are not required per the WFCM 110 mph Guide: a. Steel Straps per Figure 5 b. 20 Gage Straps per Figure 11 c. Uplift Soaps per Figure 14 d. All Straps per Figure 17 e. Comer Stud Hold Downs per Figure 18a. 2. Exception:Opening heights of up to 8 ft.shall be permitted when 5%is added to the percent full-height sheathing requirements shown in Tables 10 and 11. 3. The bottom sill plate in exterior walls shall be a minimum 2.in.nominal thickness.pressure treated#2-grade. .` APVC Gzride to Wood Corrslrucdort irr Jai fr kYuzdAreas_IZD at vlr f3frAdZane • Massachusetts Checklist for CompRmco cna cKF;`53DI :.l:i)t - a From Tables 10 and.11 and loan ofwall slieaff ing and aurldmg AspedRaSa!datermine Ferc64t Fu&Helghf sheet*g and ItiA Spacbv req is b. Wood 5t ma tu-d Pm-e:Is&W be n'**mz n thicknem of 711 So and be wed as fallowsc - - E Panels sitaIl be ittstatled t sireng r axis parallel to st& -. L X hor¢ordal joints shall=r over and be nailed to framing, u-L On single stoty cart_st uafion,pants shall be atlachad b botbm plates and inp.inamber oFffte double ----- .---.-.--- -.._V~Dn tolheivpmember-offfie►1Pperdoubletop-- ---- plate and b band jolst at boibm of panel-Upper att wirrie f of lower panel strati be made to hand jcdd and Joweraiiachmertt made to lowest plats:at first Mor$arn4ng. v. Horiz ordat naH spacing a dmbla tDp per,band joisfs,and gtrdass shal!-be a double row of ad - sfaggered at 3 inches on carder pas figures below:Verfical.and He zorzia€Nm7mg for Panel Attachment S. GJaz'tg pmbcBar[a)*new horise orhDrhmnW adMon-required Ifprnjact�i m1a orcimierb short: en(g er-dUy,svufh of Rte.ZB or nxih of Rta.5) b)verfira€addMon-not regLEad unless them is e.ten4ve ranodon fo the first fioo_r c)raplaraznerrtiMdows-needs energy conservation=npbhce only(chap 33) S.Wood Frame Canstvid c)n Manual(WFCMh for 110 MPH, Expawn-e B may be obtffhedfrom the Ametit�Wocd Ctxtnt s"f (AWb)wabsffi--. , • H�sTstvl - - IcisEr� . - • u It . It tt tL t D It It It At r t n • � it if @ • >� � t r d t m R St N r r r t 1r If E � : it t.i t i �€ it12 r r fir i i t l r t t t It It t l L t c n ' Tl -' _k Sew I3alat�an N.exi':page _ - VerHaal and HDr mr iai hiarTmg ' for Panel Afiachzrmsit ` Vertit�I end I-foriz�a:nfaI Naifmg . . fnr Pastel Af ali'trtant - Town of Barnstable , Regulatory Services . dF Richard V.Scal, Director Building Division RAMMABM t Paul Rom a,Building Commissioner NAM 6s¢ 1� 200 Main Street, Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 ii�/ ;1p ( HOMEOWNER LICENSE EJiE11 MON DATE: 3D I ob� - `o Please Print �/ JOB LOCATION: cm V t &a C U l � 'l 77 number a ) street lage p "HOMEOWNER": V i a'a CJG��C e l 5r t� d •Ly name !! home phone# t_ work phone# CURRENT MAILING:ADDRESS: b Cc�t,qV I 'I e. �PaC i'1 WC1 fir'n,-n vs city/town state yip code The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor. DEFINITION OF HOMEOWNER Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-family dwelling,attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be,considered a homeowner. Such" "homeowner"shall submit to the Building Official on a form acceptable to the Building Official,that he/she shall be responsible for all such work performed under the building permit (Section 109.1.1) The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,bylaws,rules and regulations. The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. - Migneture of Homeowner Approval of Building Official- Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code Section 127.0 Construction Control. HOMEOWNER'S EXEMPTION The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt from the-provisions of this section(Section 109.1.1-Licensing of construction Supervisors); provided that if the homeowner engages a person(s)for hire to do such work,that such Homeowner shall act . as supervisor." Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor(see Appendix Q,Rules&Regulations for Licensing Construction Supervisors,Section 2.15) This lack of awareness often results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor is ultimately responsible. To ensure that the homeowner is fully aware of his/her responsibilities,many communities require, as part of the permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. Town of Barnstable Regulatory Services ` s NAM s. Richard V.Scali,Director. 03 Building Division Paul Roma,Building Commissioner 200 Main Street,Hyannis,MA 02601 www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Property Owner Must Complete and Sign This Section If Using A Builder I ,as Owner of the subject property hereby authorize to act on my behalf, in all matters relative to work authorized by this budding permit application for. (Address of Job) **Pool fences and alarms are the responsibility of the applicant Pools are not to be filled or utilized before fence is installed and all final . inspections are performed and accepted. Signature of Owner Signature of Applicant Print Name Print Name Date QTORMS:OWNWERNESSIONPOOLS i yjvm 1'sw-M ,�_ ` , �a� ���C�� �.1 Jt'V'�� �eciroo�� � . " _ �_ STANDARD FORM PURCHASE AND SALE AGREEMENT From the Office of Mark H.Boudreau,Esq. 396 North Street Hyannis,MA 02601 508-775-1085 This 30 day of August,2016. I. PARTIES Harry R.Maddox and Joyce Maddox,with a mailing address of 1835 Carla Drive,Morrow,GA 30260, AND MAILING hereinafter called SELLER,agrees to SELL and Renata Piva and Jian Barcelo,of 619 Pitcher's Way, ADDRESSES Hyannis,MA 02601,hereinafter called the,BUYER OR PURCHASER,agrees to BUY,upon the terms hereinafter set forth,the following described premises: 2. DESCRIPTION The land with the buildings thereon at 176 Craigville Beach Road,Hyannis,Town of Barnstable, s (include title Massachusetts as described in a deed filed with the Barnstable County Registry of Deeds in Book reference) 15319,Page 151 and as shown on Barnstable Assessors Map 267,Page 145. 3. BUILDINGS, INCLUDED in the sale as part of said premises are the buildings,structures,and improvements now STRUCTURES, thereon,and all fixtures as shown including,if any,all wall-to-wall carpeting,drapery rods,automatic IMPROVEMENTS, garage door openers,venetian blinds,window shades,screens,screen doors,storm windows and doors, FIXTURES awnings,shutters,furnaces,heaters,heating equipment,stoves,ranges,oil and gas burners and fixtures (fill in or delete) appurtenant thereto,hot water heaters,plumbing and bathroom fixtures,garbage disposers,electric and other lighting fixtures,mantel,outside television antennas, fences,gates,trees,shrubs,plants and dishwasher,stove,washer and dryer and all appliances as shown to BUYER. SELLER and BUYER hereby agree that there is no value given to any of the personal property(furniture,appliances and/or otherwise)listed in this Agreement and that any personal property listed herein is being left for the BUYER by the SELLER as a courtesy and have no impact on the purchase price of the property herein. 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER,or to the nominee designated by the BUYER by written notice to the SELLER at least seven days before the deed is to be delivered as herein provided,and said deed shall convey a good and clear record and marketable title thereto, free from encumbrances,except (a)Provisions of existing building and zoning laws; (b) . (c)Such taxes for the then current fiscal)car as are not due and payable on the date of the delivery of such deed: , f (d)Any liens or municipal betterments assessed after the date of this agreement; (e)Easements,restrictions and reservations of record,if any,so long as the same do not interfere with the current use of said premises as a single family Ihome: *(f)None 5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording o<registration. 6. REGISTERED In addition to the foregoing,if the title to jalic! premises is registered,said deed shall be in form sufficient TITLE to entitle the BUYER to a Certificate of Title of; said premises,and the SELLER shall deliver with said deed all instruments,if any,necessary to enable'the BUYER to obtain such Certificate of Title. � I 7. PURCHASE PRICE The agreed purchase price for said premises is Three Hundred Eight Thousand and 00/100 ($308,000.00)Dollars,of which • r $ 1,500.00 have been paid as a deposit;this day; $ 500.00 has been paid as a deposit to bind offer,and $ 306,000.00 are to be paid at the time of delivery of the deed by certified, cashier's,treasurer's or bank check(s),or closingattorney's client trust account check. � I $ 308,000.00 TOTAL i I 8.' TIME FOR Such deed is to be delivered at 11 AM on September 30,2016 at the Barnstable County Registry of PERFORMANCE; Deeds,or at the office of the conveying attorney provided said office is located in Barnstable County, DELIVERY OF unless otherwise agreed upon in writing.It is agreed that time is of the essence of this agreement. DEED 9. POSSESSION AND Full possession of said premises free of all tenants and occupants,is to be delivered at the time of the CONDITION OF delivery of the deed,said premises to be then(a) in the same condition as they were at the time of PREMISE BUYER's home inspection,reasonable use and wear thereof excepted,and(b)not in violation of said (attach a list of building and zoning laws,and(c)in compliance with provisions of any instrument referred to in clause 4 exceptions, if any) hereof.The BUYER shall be entitled personally to inspect said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance,or to deliver possession of the PERFECT TITLE premises,all as herein stipulated,or if at the time of the delivery of the deed the premises do not conform OR MAKE with the provisions hereof,then the SELLER shall use reasonable efforts to remove any defects in title,or PREMISES to deliver possession as provided herein,or to make the said premises conform to the provisions hereof,as CONFORM the case may be,in which event the SELLER shall give written notice thereof to the BUYER at or before (change period of the time for performance hereunder,and thereupon the time for performance hereof shall be extended for a time if desired). period of up to thirty(30)calendar days,but no longer than is reasonably necessary,provided said extension does not negatively impact Buyer's mortgage terms and commitment and/or rate lock,in which case extension shall only be until one day before expiration of Buyer's mortgage terms or commitment and rate lock.SELLER'S extension is limited to title issues;lack of funds to close,and/or inability to obtain movers or other matters of inconvenience shall not entitle SELLER to an extension pursuant to this provision. 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, PERFECT TITLE deliver possession or make the premises.copform,as the case may be,all as herein agreed,or if at any time OR MAKE during the period of this agreement or any extension thereof,the holder of a mortgage on said premises PREMISES shall refuse to permit the insurance proceeds,if any,to be used for such purposes,then any payments made CONFORM,etc. under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER'S The BUYER shall have the election,at either the original or any extended time for performance,to accept ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefore the ACCEPT TITLE purchase price without deduction,in which case the SELLER shall convey such title,except that in the event of such conveyance in accord with the provisions of this clause, if the said premises shall have been damaged by fire or casualty insured against,then the SELLER shall,unless the SELLER has previously restored the premises to their former condition,either (a)pay over or assign to the BUYER,on delivery of the deed,all amounts recovered or recoverable on account of such insurance,less any amounts reasonably expended by the SELLER for any partial restoration,or (b)if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned,give to the BUYER a credit against the purchase price,on delivery of the deed,equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. 13. ACCEPTANCE OF The acceptance and recording of a deed by the BUYER or his nominee as the case may be,shall be DEED deemed to be a full performance and discharge of every agreement and obligation herein contained or expressed,except such as are,by the terms hereof,to be performed after the delivery of said deed. 14. USE OF To enable the SELLER to make conveyance as herein provided,the SELLER may,at the time of delivery MONEY TO of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances or CLEAR TITLE interests,provided that all instruments so procured are recorded simultaneously with the delivery of said deed or within a reasonable period of time thereafter in accordance with standard conveyancing practices in Barnstable County. 15. INSURANCE Until the delivery of the deed,the SELLER shall maintain insurance on said premises as follows: (Insert amount(list Type of Insurance Amount of Coverage additional types of insurance and (a)Fire and Extended Coverage As presently insured amounts as agreed) (b) E , Risk of loss shall remain with SELLER until delivery and recording of Deed. 16. ADJUSTMENTS ''Nested-eats,ma b expenses(if&gy) (list operating the schedule a»_ewed heFet8 �-*��-�� ;and taxes for the then current fiscal year shall be � expenses, if any, or apportioned and fuel value shall be adjusted,asp of the day of performance of this agreement and the net attach schedule) amount thereof shall be added to or deducted from,as the case may be,the purchase price payable by the BUYER at the time of delivery of the deed. 17. ADJUSTMENT If the amount of said taxes is not known at the time of the delivery of the deed,they shall be apportioned OF UNASSESSED on the basis of the taxes assessed for the preceding fiscal year,with a reapportionment as soon as the AND new tax rate and valuation can be ascertained;and,if the taxes which are to be apportioned shall there- ABATED TAXES after be reduced by abatement,the amount of such abatement,less the reasonable cost of obtaining the same,shall be apportioned between the parties,provided that neither parry shall be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18. BROKER's FEE A Broker's fee for professional services of$15,400.00 is due from the SELLER to be split equally between William Raveis Real Estate and Keller Williams Realty upon passing of title. The commission shall be payable only if SELLER receives the full amount of the purchase price and a deed conveying title from SELLER to BUYER is recorded,and not otherwise. BUYER to pay Buyer's Agent(Keller Williams Realty)an additional$1,540.00 at time of closing as additional commission. 19. BROKER(S) The Broker(s)named herein,William Raveis Real Estate and Keller Williams Realty warrant(s)that the WARRANTY Broker(s)is(are)duly licensed as such by the Commonwealth of Massachusetts. 20. DEPOSIT All deposits made hereunder shall be held in escrow by William Raveis Real Estate as escrow agent subject to the terms of this agreement and shall be duly accounted for at the time for performance of this agreement.In the event of any disagreement between the parties,the escrow agent shall retain all deposits made under this agreement pending instructions mutually given by the SELLER and the BUYER or by a court of competent jurisdiction. 21. BUYER's if the BUYER shall fail to fulfill the BUYER's agreements herein,all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damages and this shall be the Seller's sole remedy DAMAGES at law and in equity for any default by the BUYER under the terms of this Agreement. The parties agree that in the event of default by the BUYER it will be difficult to ascertain with certainty the amount of damages suffered by the SELLER. The amount of the deposit represents a reasonable estimate of the damages expected to be suffered by the SELLER as a result of the BUYER's default. 22. RELEASE BY The SELLER's spouse hereby agrees to join in said deed and to release and convey all statutory and HUSBAND OR other rights and interests in said premises. WIFE 23. BROKER AS The Broker(s)named herein join(s)in this agreement and become(s)a party hereto, insofar as any PARTY provisions of this agreement expressly apply to the Broker(s),and to any amendments or modifications of such provisions to which the Broker(s)agree(s) in writing. 24. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity,only the TRUSTEE, principal or the estate represented shall be bound,and neither the SELLER or BUYER so executing,nor SHAREHOLDER, any shareholder or beneficiary of any trust,shall be personally liable for any obligation,express or implied, BENEFICIARY, hereunder. etc. 25.WARRANTIES The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has AND he relied upon any warranties or representations not set forth or incorporated in this agreement or REPRESENTATIONS previously made in writing,except the following additional warranties and representations, if any, made by ifnone,state either the SELLER or the Broker(s): ..none";if any None. listed, indicate by whom each ivarranry or representation was made 26. MORTGAGE In order to help finance the acquisition of said premises,the BUYER shall apply for a conventional bank or CONTINGENCY other institutional mortgage loan of$308,000.00 at prevailing rates,terms and conditions. CLAUSE If despite the BUYER's diligent efforts a commitment for such loan cannot be obtained on or before (omit if not provided September 26,2016,the BUYER may terminate this agreement by written notice to the SELLER and/or for in Offer to the Broker(s),as agent(s)for the SELLER,'prior to the expiration of such time,whereupon any payments Purchase) made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. In no event will the BUYER be deemed to have used diligent efforts to obtain such commitment unless the BUYER submits a complete mortgage loan application conforming to the foregoing provisions on or before 3 days from receipt of this fully executed agreement. Any reference to a commitment shall mean a firm,written commitment with no obligations beyond the BUYER's reasonable control. Diligent efforts shall mean applying to one bank or mortgage company only and in no event is required to apply to more than one bank or mortgage company.The terms"mortgage"or"institutional mortgage loan"shall include FHA loans,VA loans, USDA loans,and construction loans,Mass Housing or other government loans. As the Buyer is applying for an FHA, USDA or VA loan,the loan amount referenced above shall refer to the base loan amount and in no event shall BUYER be obligated to perform under this agreement unless the BUYER's Lender's appraisal yields a value at least equal to the purchase price agreed upon by the BUYER and SELLER.SELLER agrees to cooperate with BUYER in executing any Governmental forms required by BUYER'S lender so long as same do not impose any additional liability or financial obligation on the SELLER other than is set forth in this agreement. 27. CONSTRUCTION This instrument,executed in multiple counterparts,is to be construed as a Massachusetts contract, is to AGREEMENT take effect as a sealed instrument,sets forth the entire contract between the parties,is binding upon and enures to the benefit of the parties hereto and their respective heirs,devisees,executors,administrators, successors and assigns,and may be cancelled,,modified or amended only by a written instrument executed by both the SELLER and the BUYER. If two or more persons are named herein as BUYER their obligations hereunder shall be joint and several.The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be used in determining the intent or the parties to it. 28. LEAD PAINT The parties acknowledge that, under Massachusetts law,whenever a child or children under six years of LAW age resides in any residential premises in which any paint,plaster or other accessible material contains dangerous levels of lead,the owner of said premises must remove or cover said paint,plaster or other material so as to make it inaccessible to children under six years of age. 29. SMOKE The SELLER shall,at the time of the delivery of the deed,deliver a certificate from the fire department of DETECTORS/ the city or town in which said premises are located stating that said premises have been equipped with CARBON Approved smoke detectors and carbon monoxide detectors in conformity with applicable law. MONOXIDE DETECTORS 30. ADDITIONAL The initiated riders,if any,attached hereto,are incorporated herein by reference. PROVISIONS (1) Seller to credit Buyer$7,000 at closing for closing costs,escrow items and prepaid expenses; (2) See attached Addendum A. FOR RESIDENTIAL PROPERTY CONSTRUCTED PRIOR TO 1978,BUYER MUST ALSO HAVE SIGNED LEAD PAINT "PROPERTY TRANSFER NOTIFICATION CERTIFICATION" NOTICE:This is a legal document that creates binding obligations.if not understood,consult an attorney. BUYER SELLER eodoenpvauke 1p--�Iv y PM an CTZY45QY-54NSPVLG Renata Piva Harry R. Maddox �-v�.�. 0 b3bIPMEDT j PPNI•V228•ASIQ•pONQ fae Jian Barcelo J ce Mfiddox • r ADDENDUM A 1. All notices required or permitted to be given hereunder shall be in writing and delivered by hand or mailed postage prepaid, by registered or certified mail, by facsimile with proof of transmission addressed to the stated respective representative, or by electronic mail In case of Seller to: Mark H.Boudreau,Esq. 396 North Street Hyannis,MA 02601 i Tel:(508)775-1085 Fax:(508)771-0722 Email:mark@boudreaulaw.net In the case of Buyer to: BUYER With Cc to: Lender's Counsel + Patrick T. Maddigan,Esquire f Lepizzera&Laprocina Title&Escrow 1600 Falmouth Road Centerville MA 02632 HQ: 117 Metro Center Blvd.,Suite 2001, , Warwick,RI 02886 Tel:(888)313.2345 Atty Cell:508.451.9282 Fax:(401)691.3555 ; Email:pmaddigantr�leplap.com or in the case of either party to such other addresses as shall be designated by written notice given in such manner to the other party. Mailed notice shall be deemed given upon deposit in the United States Postal Service so long as notice is faxed to the representative stated above, or sent by electronic email, or if given by hand, at the time of delivery or receipt. Each parry hereby appoints their respective representative as stated above to be their lawful attorney-in-fact for the purposes of the execution of extensions to time limitations set forth in this Agreement. 2 Buyer and the Buyer's agent shall have rights of access to the Premises prior to the time specified for delivery of the Sellers deed for the purposes of inspecting the condition of said Premises, but said rights of access shall be exercised only after reasonable notice thereof to Seller and when reasonably convenient for Seller, with such access not to be unreasonably withheld. Said right of access shall be exercised in the presence of an employee or agent of Seller. Buyer shall indemnify Seller for any damage to the Premises arising during any such inspection if caused by the negligence or willful misconduct of Buyer or Buyer's agents or invitees. 3. Any title or practice matter arising under or relating to this Agreement which is the subject of a title or practice standard of the Real Estate Bar Association of Massachusetts ("REBA")at the time of delivery of the deed contemplated hereunder shall be governed by such title or practice standard,as the case may be,to the extent applicable. 4. As part of and along with the real property referenced in or described in this Agreement, the Sellers also agree to transfer and assign the following property interests if owned by Seller: (a) all plans relating to the lot conveyed and any subdivision thereof, all construction and/or renovation plans and specifications, if any, relating to the land, structure and all guarantees and warranties, if any, by and rights against, third parties with respect to any and all borings,soil tests,percolation tests and other tests and reports with respect to the Premises; (b) all permits, certificates, variances, consents and approvals, if any, pertaining to the land, structure, or any personal property thereon; (c) the benefit of any and all warranties which Seller may have with respect to the labor, fixtures, materials and/or personal property incorporated into the premises,but only to the extent the'same are assignable at no cost or expense to Seller. If any of said warranties are not enforceable in Buyer's name,Buyer shall be entitled to enforce the same in Seller's name.to the extent permitted by each applicable warrantor,provided that in each case such enforcement shall be at no cost,expense or liability to Seller. f Ali of the above(a), (b), and'(c) shalf be deemed for all purposes of this Agreement, to be an essential part of the Premises, and the terms and provisions contained therein shall survive the delivery of the deed hereunder. S. It is understood and agreed by the parties that the Premises shall not be in conformity with the title provision of this Agreement unless: (a) all buildings, structures and improvements, including, but not limited to, any driveways, parking areas, landscape areas and garages to the premises,shall be located completely within the boundary lines of said Premises and shall not encroach upon or under the property of any other person or entity; (b) No building, structure or improvement of any kind belonging to any other person or entity shall encroach upon or under said Premises; (c) The premises abut a public way duly laid out or abut a private way with access to such a public way accepted as such by the town or city within which the Premises is located; (d) the premises comply with applicable Zoning, Building and Subdivision Laws and regulations or are permitted by variance,special permit or nonconforming use exceptions;and (d) Buyer and Buyer's lender shall be able to obtain from a national title insurance company an owner's/lender's policy of title insurance covering the premises at normal premium rates in the American Land Title Association form currently in use and without taking exception for any encumbrance or other matter(other than the form's preprinted exceptions and exceptions for matters permitted under paragraph 4 of the Agreement)and the title is otherwise marketable; (i) In the event of a title matter for which the,BU>YER's title insurance company is willing to issue so-called "affirmative coverage"over a known defect or problem, BUYER may elect to accept same but shall not be required to do so, and shall have the right, at the option of their counsel, to deem title to the premises unacceptable or unmarketable and to terminate this Agreement; whereupon all deposits shall be forthwith refunded to BUYER and this Agreement shall be null and void and without further recourse to the parties hereto. 6. To the best of Seller's knowledge and belief,Sellers represent and agree with Buyers as follows: (a) Sellers have the legal right, power and authority to enter into this Agreement and to perform all of its obligations hereunder; (b) Sellers have not commenced nor have Sellers received notice of the commencement of any proceeding that would affect the present zoning classification of the Premises. Sellers will not initiate any such proceedings and will promptly notify Buyers if Sellers receive notice of any such proceeding commenced by third parties; (c) No work has been done on the Premises which could give rise to any liens under Massachusetts General Laws, Chapter 254 and no contracts are outstanding or in effect with respect to the doing of any such work; (d) No notice, suit, order, decree, claim, writ, injunction or judgment relating to material violations of any laws, ordinances, codes, regulations or other requirements with respect to the Premises (or any portion thereof) in, of or by any court or governmental authority having jurisdiction over the Premises; (e) There exists no underground fuel storage tank(s)on the Premises. (0 The premises is served by municipal water and private septic system; (g) SELLER states that SELLER owns all fixtures and appliances free and clear of all liens and financing statements or rental agreements; (h)The SELLER has never disposed of any hazardous waste or material(excluding ordinary household waste)on or about the premises during the period of SELLER's ownership, and that the Seller is not aware of the disposal of such waste on or about the remises b p y anyone else during said period of ownership; (i) There is no pending SELLER bankruptcy,mortgage foreclosure,contemplated town/city betterment or assessment,or other proceedings or circumstances that might impact adversely on the SELLER's ability to perform on the closing date, and that the mortgage and other lien payoffs will be for less than the sales price; i. In the event that SELLER files for bankruptcy,or if involuntary proceedings are instituted against SELLER, BUYER may, at BUYER's election, terminate this Agreement by written notice to the SELLER whereupon any payments f made under this Agreement shall be forthwith refunded to the BUYER and all other obligations of the Parties hereto shall cease and this Agreement shall be void without recourse to the Parties hereto. 0)The SELLER has received no written notice from any municipal, county, state or federal agency asserting or alleging that the premises are or may be in violation of the provisions of any municipal, county, state or federal codes, ordinances, statutes or regulations relating to zoning,building,environmental or health matters; (k) Any and all improvements and/or renovations completed or to be completed during SELLER's ownership of the premises have or will have been completed pursuant to duly issued and approved permits and there are no current open building permits; (1) If the Premises are affected by an Order of Conditions issued by the Conservation Commission for the Town wherein the premises is located, SELLER shall provide BUYER and lender's counsel with a certificate of compliance for said Order of Conditions prior to closing;and (m) SELLER does not currently hold a flood insurance policy on the property nor has a Lender ever required the SELLER to obtain such a policy. Sellers' representations made in sub-paragraphs(a)-(m)above shall be a condition of Buyers'obligation to close under this Agreement that all of said warranties and representations are true, both as of the date hereof and as of the closing. SELLER will promptly notify BUYER of any change in facts, which SELLER becomes aware of, which arise prior to the Closing which would make any such representations untrue if such state of facts had existed on the date of execution of this Agreement. 7. The parties hereto acknowledge that they have been offered the opportunity to confer with qualified legal counsel of their own choosing and at their own expense prior to the signing of this agreement. 8. The closing as set forth in Paragraph (8)of this Agreement may, at Buyer's election and with reasonable notice to Seller, be performed at Buyers' attorney's office, so long as said office is within the county in which the property is located. The seller's proceeds paid in accordance with Paragraph (7) may be paid by check drawn on Buyer's attorney's client funds account. Except for post closing adjustments made pursuant to an agreement between the parties, the acceptance of the Seller's proceeds at closing shall release and discharge the Buyer from any and all obligations pursuant to the'Purchase and Sale Agreement. 9. Notwithstanding the provisions of Paragraph(12)of this Agreement,the Buyer may terminate this Agreement in the event that the Premises is partially or completely destroyed by fire or other casualty and the Seller fails to restore said Premises prior to closing to substantially the same condition as the Premises was prior to said fire or other casualty. 10. The Seller shall leave the Premises free and clear of all personal property not included in this sale and in a broom-clean condition. The Premises and personal property included in the sale, if any,shall be in substantially the same condition as on the date of the home inspection,except for reasonable wear and tear. H. The Seller shall execute at closing all documents reasonably required by the Buyer's lender, if applicable, or customarily executed at residential closings in the Commonwealth of Massachusetts, if no lender. 12. In the event that a provision of the Agreement is in conflict with a provision of this Addendum, this Addendum shall be controlling. 13. A document delivered by electronic mail or facsimile shall have the same force and effect as the original and the copy of a signature of any party on a document so delivered shall have the same effect as an original signature. 14. TR1D a. a. In the event Buyer's mortgage lender is unable to close on the closing date set forth in the executed Purchase &Sale Agreement,or upon request of Lender's Attorney,the closing date may be extended upon written notice from Buyer to Seller for a period not to exceed eight business days,time remaining of the essence.Notwithstanding specification of the extended closing date in Buyer's written notice,the Buyer retains the right to further extend the closing date by subsequent written notice,provided the extended closing date does not exceed the eighth business day following the original closing date set forth in the Purchase&Sale Agreement. b. All utility readings(water,sewer, fuel value, etc., as applicable)shall be conducted no less than 10 days prior to the specified closing date. Seller working together with the listing agent (if applicable) shall ensure all readings and adjusted are established on or prior to the loth day before the closing,and shall be forwarded to the closing attorney as soon as possible, but in no event later than the 7th day. The settlement statement shall reflect payment and adjustments as of the reading date,with the exception of the real estate tax proration, which shall be made as of the closing date. There shall be no further adjustment between the parties unless otherwise agreed. Notwithstanding the above, the parties may agree to estimate the fuel adjustment as of the closing date, employing any reasonable method to determine same.There shall be no further adjustment unless the parties agree otherwise. C. Neither party shall have any claim against the other for any loss or damage resulting from the extension of the Closing pursuant to the preceding Paragraphs a)and b)except to the extent that such extension is made necessary by a breach of the provisions of this Addendum. d. Time shall remain of the essence. 15. Condition of Property-The conditions of premises at the time of the delivery of the deed hereunder shall be broom-clean, free of all of SELLER's possessions(except for those items being conveyed with the Premises as provided for in this Agreement)with all appliances and systems shall be in the same working order and physical condition at the Closing as they were at the time of BUYER's inspection, reasonable wear and tear excepted. Seller shall perform all maintenance customarily undertaken by the SELLER on the and the non-daily remises attached thereto between the date of this agreement a property, p g nd the time for performance. All non daily use areas of the premises, including but not limited to closets,the attic,basement, crawl spaces, shed(s)and garage and the grounds shall be free of debris, building materials such as lumber, insulation,and the like, paints, solvents,chemicals, and personal property(unless an item is specifically included in the sale). Any damage done to the premises done during the removal of SELLER's possession is to be repaired in a good and workmanlike manner prior to BUYER's final inspection. 16. Septic -The premises is served by municipal water and private septic system. Pursuant to Title 5 of the State Environmental Code(310 CMR 15.301)the Septic System must be inspected by an approved Massachusetts Department of Environmental Protection inspector in connection with the transfer of the property. Therefore the SELLER shall expediently cause the system to be inspected,and provide to BUYER a"Surface Sewage Disposal System Inspection Form" or Certificate of Compliance which shall indicate that the system passes at least ten(10)calendar days prior to closing in order for SELLER to comply with this contract. Should this form indicate that the system is a"failed system"or a"non-conforming system"as defined by said Title 5,or if the system is non-compliant with local by-laws in the municipality where the premises is located,then SELLER shall have the option to repair or replace said system prior to Closing or at BUYER's oleo option p y E s on BUYER may cancel the agreement,notwithstanding P g p y g standing a non failed report, and all deposits with be refunded forthwith. Any and all repairs or replacement shall be accompanied by the re-grading, seeding and loaming of the disturbed area,and replacement of pavement Was necessary. 17. Warranties and Keys - At the closing, as a condition of closing, Seller shall assign to Buyer(non-recourse), at no additional cost to Seller,any and all service contracts,warranties and/or guarantees and the like concerning the Premises, including but not limited to all, any and all systems, fixtures, equipment and appliances. Seller will also provide Buyer, at closing, with all keys, automatic garage door openers, if any, and with all manuals and other information in,Seller's possession regarding any and all systems, fixtures, equipment and appliances used in connection with the Premises. 18. Weekends/Holidays - In the event that any deadline or date for performance or providing notice contained herein(including, without limitation, any contingencies or extensions of the time for performance under this Agreement), falls on a Saturday, Sunday or legal holiday, as the case may be, such deadline or other date shall be automatically extended to the immediately following business day. 19. Defective Terms/Provisions- if this Agreement or any other provision by way of reference incorporated herein shall contain any term or provision which shall be invalid,then the remainder of the Agreement or other instrument by way of reference incorporated herein,as the case may be, shall not be affected thereby and shall remain valid and in full force and effect to the fullest extent permitted by law. 20. Attorney Services-The BUYER and SELLER hereby acknowledge that they have been informed that the BUYER's attorney, Lepizzera-Laprocina Title& Escrow, LLC, may be asked to provide legal services on behalf of the mortgage lender for the mortgage loan closing, in addition to the representation of the BUYER in this Agreement,and that neither party has any objection to, and hereby consent to,this type of representation. BUYER further acknowledges that they are engaging the services of Lepizzem-Laprocina Title & Escrow, LLC to negotiate the P&S Agreement only, and acknowledges that they may perform tasks necessary on behalf of the Lender to secure the financing for the subject property upon Lender's request. The scope of services rendered by Lepizzera-Laprocina Title& Escrow, LLC does not include any verification of zoning or suitability of the subject property for the use stated herein. This paragraph shall survive closing. EXECUTED this the 30 day of August,2016. BUYER SELLER FR �( , 09I�G7164:30PMEDT SAM-M=-PQ6C-U2MQ 6�fWO&W,6a, dodoop DI30I4-0;P O16391PM EDT 3NBGPXFIf IiFZC-AGNB Jian Barcelo re addox 77 SINE Town of Barnstable Permit# Expires 6 months from issue date Regulatory Services Fee �b saxtasTnBt.�, "` Thomas F.Geiler,Director p�EDnna+°i Building Division X-PRESS PERMIT Tom Perry, Building Commissioner 200 Main Street, Hyannis,MA 02601 J U L 18 2003 Office: 508-862-4038 Fax: 508-790-6230 TOWN OF BARNSTABLE EXPRESS PERMIT APPLICATION - RESIDENTIAL ONLY Not Valid without Red X-Press Imprint Map/parcel Number Property Address / L,7'� ce) [PResidential Value of Work n b,Oc1X S Owner's Name&Address 11 Contractor's Name Telephone Number Home Improvement Contractor License#(if applicable) Construction Supervisor's License#(if applicable) ❑Workman's Compensation Insurance Check one: ❑ I am a sole proprietor I am the Homeowner I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy# Permit Request(check box) ❑ Re-roof(stripping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) v Re-side Replacement Windows. U-Value (maximum.44) *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. ***Note: Property Owner must sign Property Owner Letter of Permission. Home Improvement Contractors License is required. Signature Q:Forms:expmtrg Revise053003