THIS CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND YOUR FINANCIAL OBLIGATIONS IN LEASING A MANUFACTURED HOME LOT.MAKE SURE THAT YOU READ THE ENTIRE DOCUMENT AND SEEK LEGAL ADVICE IF YOU HAVE ANY QUESTIONS REGARDING THE INFORMATION SET FORTH IN THIS DOCUMENT.
THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN NATURE.A PROSPECTIVE LESSEE SHOULD REFER TO ALL REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND SALES MATERIALS.
ORAL REPRESENTATIONS SHOULD NOT BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE PARK OWNER OR OPERATOR.REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS.
UPON DELIVERY OF THE PROSPECTUS TO A PROSPECTIVE LESSEE, THE RENTAL AGREEMENT IS VOIDABLE BY THE LESSEE FOR A PERIOD OF FIFTEEN (15) DAYS.
INDEX OF CONTENTS
● NAME AND ADDRESS OF THE COMMUNITY 1
- THE NAME AND ADDRESS OF THE PERSON(S) AUTHORIZED TO RECEIVE NOTICES AND DEMANDS ON THE COMMUNITY’S BEHALF 1
- DESCRIPTION OF THE COMMUNITY PROPERTY 1
- DESCRIPTION OF THE RECREATIONAL AND OTHER COMMON FACILITIES 3
- ARRANGEMENTS FOR MANAGEMENT OF THE COMMUNITY 4
- DESCRIPTION OF ALL IMPROVEMENTS REQUIRED TO BE INSTALLED BY RESIDENT AS A CONDITION OF OCCUPANCY IN THE COMMUNITY 5
- THE MANNER IN WHICH UTILITY AND OTHER SERVICES WILL BE PROVIDED 5
- AN EXPLANATION OF THE MANNER IN WHICH RENTS AND OTHER CHARGES WILL BE RAISED 6
- RULES AND REGULATIONS OF THE COMMUNITY SHALL BE SET, CHANGED OR PROMULGATED 11
- EXISTING ZONING CLASSIFICATION AND PERMITTED USES 11
- NATURE AND TYPE OF ZONING AND ZONING AUTHORITY 11
- INCLUDED EXHIBITS 12
- DIVISION FILING 12
INDEX OF EXHIBITS
A. Rental Agreement
B. Rules and Regulations
C. Community Lot Layout
1. NAME AND ADDRESS OF THE COMMUNITY:
The name and address of the Manufactured Home Community (the “Community”) is:
1734 WHEELHOUSE CIRCLE
RUSKIN, FLORIDA 33570-2764
2. THE NAME AND ADDRESS OF THE PERSON(S) AUTHORIZED TO RECEIVE NOTICES AND DEMANDS ON THE COMMUNITY OWNER’S BEHALF:
The name and address of the person authorized to receiver notices and demands on the Community Owner’s behalf is:
1734 WHEELHOUSE CIRCLE
RUSKIN, FLORIDA 33570-2764
3. DESCRIPTION OF THE COMMUNITY PROPERTY
Following is a description of the Community Property:
● NUMBER OF LOTS IN EACH SECTION:
● North Section – 58 Lots
● South Section – 181 Lots
- APPROXIMATE SIZE OF EACH LOT:
The approximate size of each lot is 45’ x 85’ or 3825 square feet.
- SETBACK AND SEPARATION REQUIREMENTS:
There are several requirements of law with respect to how far each manufactured home within the Community must be set back from the borders of its lot and the distance that must be maintained from each manufactured home in the Community and its supporting facilities (such as, for example, a carport) to other manufactured homes, supporting facilities, and structures in the Community.
Pursuant of section 5F-11.002 of the Florida Administrative Code, the State Fire Marshall has adopted the code of the National Fire Protection Association. The applicable provisions of that code as follows:
- Any portion of a manufactured home, excluding the tongue, shall not be located closer than ten (10) feet (3.04 m) side to side, eight (8) feet (2.44 m) end to side, or six (6) feet (1.83 m) end to end horizontally from any other manufactured home or community building unless the exposed composite walls and roof the either structure are without openings and constructed of materials which will provide a one-hour fire rating, or the structures are separated by a one-hour fire rated barrier.
5-4.1 A carport, awning, ramada, or open (screened) porch shall be permitted to be located immediately adjacent to a site line when constructed entirely of materials which do not support combustion and provided that such facilities are not less than three (3) feet (0.91 m) from a building, cabana, or enclosed porch on an adjacent site. A carport, awning or ramada or open (screened) porch using combustible materials shall not be located closer than five (5) feet (1.52 m) from the site line of an adjoining site.
- THE MAXIMUM NUMBER OF LOTS THAT WILL USE SHARED FACILITIES OF THE COMMUNITY. IF THE MAXIMUM NUMBER OF LOTS WILL VARY, A DESCRIPTION OF THE BASIS FOR VARIATION:
The total number of lots to use the shared facilities at the present time are 239. The Community Owner reserves the right to expand the Community by the addition of manufactured home lots and RV lots, in which event any such additional manufactured home lots or RV lots would be entitled to use all shared facilities of the Community. The total number of lots, including manufactured home lots, however, shall not exceed 400.
- STORAGE FACILITIES:
The Community Owner may rent storage space, whether or not storage facilities are located on the Community property, to manufactured home owners (“Residents”) or non-residents. Storage facilities on Community property, if any, are not included in manufactured home lot rental agreements.
- BOAT DOCKS, SLIPS AND ANCHORAGE:
The Community Owner may rent boat docks and slips and charge for anchoring in the north section waterways and canal to Residents or non-residents. Rent for these facilities is not included in manufactured home lot rental agreements.
4. A DESCRIPTION OF THE RECREATIONAL AND OTHER COMMON FACILITIES:
The following description of the recreational and other common facilities, if any, that may be used by the Residents and their registered guest, including, but not limited to, the following:
● THE NUMBER OF BUILDINGS AND EACH ROOM THEREOF AND ITS INTENDED PURPOSE, LOCATION, APPROXIMATE FLOOR AREA, AND CAPACITY IN NUMBERS OF PEOPLE:
● There is one main building located in the north section of the Community. Contained within this main building are the following facilities:
Recreation Hall: Approximately 3,659 square feet
Office: Approximately 150 square feet
Apartment: Approximately 1,300 square feet
The Recreation Hall contains tables and chairs, a library, a computer area, exercise equipment, pool and ping-pong tables, and television with cable connection. It has a capacity of approximately 60 people.
- There is one main building located in the south section of the Community. Contained within this main building are the following facilities:
Clubhouse:Approximately 2,930 square feet
Kitchen:Approximately 493 square feet
Storage Room: Approximately 288 square feet
Screened Porch:Approximately 960 square feet
Laundry Room:Approximately 176 square feet
The Clubhouse contains tables and chairs and has a capacity of approximately 100 people.
- EACH SWIMMING POOL, AS TO ITS GENERAL LOCATION, APPROXIMATE SIZE AND DEPTHS, APPROXIMATE DECK SIZE AND CAPACITY, AND WHETHER HEATED OR NOT:
The pool is located in the south section of the Community, on the north side of the Clubhouse. Its water capacity is 35,000 gallons, and measures approximately 20 feet by 40 feet. The depth is four (4) feet at the south end and seven (7) feet at the north end. The capacity is thirty four (34) persons. The deck is 20 feet by 10 feet on the north side, 20 feet by 10 feet on the south side, 60 feet by 7 feet on the west side, and 60 feet by 15 feet on the east side. The total square footage of the deck is 1,270.
- ALL OTHER FACILITIES AND PERMANENT IMPROVEMENTS
WHICH WILL SERVE THE MANUFACTURED HOME OWNERS:
Roads, water lines, sewer lines, six (6) horseshoe pitches and four (4) shuffleboard courts.
In the north section there is a boat ramp and facilities for approximately 32 boat docks. The Community Owner does not assume responsibility for providing boat docks or the maintenance of existing docks. The Community Owner reserves the right to charge a monthly fee for boat docks, slips, boat anchorage, and storage for boats, rigs/trailers along the canal banks or in the storage areas.
D. A GENERAL DESCRIPTION OF THE ITEMS OF PERSONAL PROPERTY AVAILABLE FOR THE USE OF RESIDENTS:
Kitchen equipment, tables, and chairs and entertainment equipment in the Clubhouse. The furniture and equipment provided by the Community Owner may vary in type, nature, and number from time to time.
Tables and chairs, pool and ping pong tables at the Recreation Hall.The furniture and equipment provided by the Community Owner may vary in type, nature and number from time to time.
E. A GENERAL DESCRIPTION OF THE DAYS AND HOURS THAT FACILITIES WILL BE AVAILABLE FOR USE ARE AS FOLLOWS:
OFFICE: 9:00 a.m. - 1:00 p.m. Monday through Friday, November through April.
9:00 a.m. - 11:00 a.m. Monday through Friday, May through October.
CLUBHOUSE: 8:00 a.m. – 9:00 p.m. daily.
KITCHEN: 8:00 a.m. – 9:00 p.m. daily.
LAUNDRY ROOM: 8:00 a.m. – 9:00 p.m. daily.
RECREATIONAL HALL: 8:00 a.m. – 9:00 p.m. daily.
POOL: 8:00 a.m. until sunset daily.
LAUNDRY: 8:30 a.m. – 8:00 p.m. daily.
SHUFFLEBOARD: 9:00 a.m. until sunset daily.
The Community Owner reserves the right to change the hours during which each facility, as above described, may be used.
F. A STATEMENT AS TO WHETHER ALL IMPROVEMENTS ARE COMPLETE AND, IF NOT, THE ESTIMATED COMPLETION DATE:
1) All of the above described improvements are completed. Community Owner reserves the right to make additional improvements, to modify any existing improvements or shared facilities, or to discontinue the availability of any shared facility.
2) In the event that the above shared facilities are destroyed or damaged by fire or other casualty, the Community Owner may elect, at its discretion, not to reconstruct or repair the same.
5. THE ARRANGEMENT FOR MANAGEMENT OF THE COMMUNITY:
The arrangements for management, maintenance and operation of the Community property and of other property that will serve the Residents and the nature of the services included.
The Community is managed, maintained, and operated by the Community Owners. A resident manager(s) may be employed, as Community Owner deems necessary. Community Owner may retain a management firm (or individual) to take over any one or more of these duties. Residents must maintain their own lots. See Rules and Regulations, Exhibit “B.”
- A DESCRIPTION OF ALL IMPROVEMENTS, WHETHER TEMPORARY OR PERMANENT, WHICH ARE REQUIRED TO BE INSTALLED BY THE RESIDENT AS A CONDITION OF THEIR OCCUPANCY IN THE COMMUNITY:
Following is a description of all improvements, whether temporary or permanent, which are required to be installed by the Resident as a condition of his occupancy:
Residents moving onto vacant lots or purchasing homes from the Community Owner must install (i) concrete driveway and patio slab, (ii) front and rear steps of approved materials, (iii) an attached carport or garage, (iv) an attached utility shed, and (v) vinyl skirting, all of which must comply with the Rules and Regulations.Residents in place prior to June 4, 1984, or the assignee of their tenancy, shall not be required to make the above improvements.
Any manufactured home that is in a rundown condition or in disrepair shall be removed from the Community Owner; provided, however, that with the written consent of the Community Owner, the manufactured home may remain in the Community by being modernized so as to be comparable in appearance and safety to present day manufactured homes.
7. THE MANNER IN WHICH UTILITY AND OTHER SERVICES WILL BE PROVIDED:
The manner in which utility and other services, including, but not limited to, sewage and waste disposal, water supply and storm drainage will be provided and the person or entity furnishing them:
WATER: Service is at present provided by the Community Owner by two (2) four inch wells located within the Community. Both wells have submersible pumps which pump water to the treatment facility which aerates and chlorinates the water prior to pumping into the distribution system. This service is included in the lot rental amount. At some future time it may be provided by a public or private utility company at the Resident’s expense.
SEWAGE: Service is at present provided by the Community Owner and is provided for by an extended aeration wastewater treatment facility including clarification and chlorination prior to discharge to evapo-percolation ponds. This service is included in the lot rental amount. At some future time it may be provided by a public or private utility company at the Resident’s expense.
ELECTRICITY: Service is provided by Tampa Electric Company, and is billed directly to the Resident.
GAS: Service is at present not available.
TELEPHONE: Service, at present, is provided by Verizon or Brighthouse Networks and is billed directly to the Resident.
TRASH: The trash pickup service is presently provided by the Community Owner; this service is included in the lot rental amount. The Community Owner reserves the right to charge for this service or to terminate this service.
DRAINAGE: Services are provided and maintained by the Community Owner. The drainage system consists of concrete flumes discharging into small pipe systems which ultimately discharge intro the lakes in the south section and the Little Manatee River in the north section. This service is included in the lot rental amount.
8. AN EXPLANATION OF THE MANNER IN WHICH RENTS AND OTHER
CHARGES WILL BE RAISED:
An explanation of the manner in which rents and other charges will be raised, including but not limited to, the following:
● REQUIRED NOTICE:
The Residents will be given at least ninety (90) days advance written notice of an increase in the lot rental amount, or of any other charges, provided that such notice is required by Florida Statutes. A copy of this notice must be given to existing Residents on or before the date which is ninety (90) days prior to the effective date of annual rent increase, which is July 1. The term “lot rental amount” means all financial obligations, except user fees, which are required as a condition of tenancy.
- BASE RENT INCREASES:
The Community Owner may raise the annual base rent in the following manner:
● Community Owner may increase the rent to reflect prevailing market and economic conditions such as:
(a) What a Resident has agreed to pay to establish a new tenancy in the Community. Base Rent agreed to be paid by new residents, which go into effect at end of an assumed lot rental agreement, which is on the next occurring June 30, or new residents moving onto vacant lots or purchasing homes from Community Owner, will be reviewed and given consideration. Due to the ninety (90) day notice provision, only lot rental agreements entered into from August 1st to February 28th will be reviewed. However, nothing herein shall be construed to prohibit the Community Owner from increasing the lot rental amount to be paid by the purchaser upon the expiration of the assumed lot rental agreement in the amount deemed appropriate by the manufactured home Community Owner so long as such increase is disclosed to the purchaser prior to his or her occupancy and is imposed in a manner consistent with the Prospectus or Chapter §723, Florida Statutes, and/or
- What a willing Resident would pay to establish a tenancy in a similar community located within fifteen (15) miles of this Community, and/or
- A proportionate share of what another party would pay to rent the entire Community, for its highest and best use, at that time, and/or
- What a prudent businessperson would expect to receive as a return on the market value of the Community property, based on its highest and best use; and/or
- Community Owner may raise the rent to defray the costs of operating the Community, such as:
● Maintaining and/or making shared capital improvements to the extent permitted by law; (i) the water system, (ii) the sewer system, (iii) the roads, (vi) the clubhouse, (v) the swimming pool, if any, (vi) landscaping, and/or (vii) other improvements to or in the Community to the extent permitted by law.
- Managing and/or administering the operation of the Community; and/or
(c) Professional fees, including without limitation, attorney’s fees, accounting fees and expert witness fees; and/or
(d) Losses incurred by reason of fire, theft, vandalism, or other casualty, and/or
(e) Taxes, assessments, finance charge escalations, insurance, and/or utilities.
- In no event will the annual increase in the base rent be less than
- GOVERNMENT OR UTILITY CHARGES
Currently, the Community Owner has not determined the amount or nature of any government or utility charges. The Community Owner, however, reserves the right to assess future charges in the following manner:
1. Such pass-throughs will be itemized and charged separately from normal rent increases.
2. Such pass-throughs are limited to any increased cost, assessment, or other charge for utilities as billed by the utility company or any increased charge of any nature billed by a state, county, or local government. Categories of costs allowable for government or utility items may be revised if approved by the appropriate jurisdictional body.
- The Community Owner will provide ninety (90) days notice prior to the effective date of increase.
- Such charges may occur at any time and as frequently as appropriate and permitted under the law. But, in all cases, a ninety (90) day notice prior to effective date will be given to all Residents.
- Government or utility charges of a one-time nature will be passed through to Residents on a proportionate share basis calculated by dividing the charge equally among the affected developed lots in the Community and billed in twelve (12) equal installments unless a longer period is deemed appropriate.
- Government or utility charges of a continuing nature will be passed through to Residents on a proportionate share basis calculated by dividing the charge equally among the affected developed lots in the Community, dividing that by twelve (12) and added to the regular monthly lot rental payment.
- OTHER CHARGES
Additional charge that may be assessed against a Resident, and which shall be deemed additional rent, include:
1. Registered Additional Occupant: $__________ per month for each additional registered occupant.
2. Unregistered Additional Occupant: $__________ per month for each additional unregistered occupant.
3. Late Fee: $__________ per day for each day that any rent is delinquent.
4. Return Check Charge: $__________ service charge for each check returned for insufficient funds.
5. Individual Maintenance: The costs of mowing, gardening, fumigating, cleaning, or otherwise maintaining the Resident’s lot, or manufactured home, in the event of said Resident’s failure to do so. Charges for this service are $__________ per hour, with a minimum charge of $__________.
6. Entrance Fees: Although it is not the common practice of the Community Owner to charge an entrance fee, the Community Owner reserves the right to charge an entrance fee upon each entry and placement of a manufactured home in the Community. The amount of such entrance fee shall be disclosed to Resident, in writing, prior to occupancy. The current charge is $____________.
However, as provided by Section 723.041 (1) (e) 1, 2, Florida Statutes:
(e)Whenever an entrance fee is charged by a mobile home park owner or developer for the entrance of a mobile home into the park and such mobile home is moved from the park before 2 years have passed from the date on which the fee was charged, the fee shall be prorated and a portion returned as follows:
1.The entrance fee shall be refunded at the rate of one twenty-fourth of such fee for each month short of 2 years that the mobile home owner maintained his or her mobile home within the park.
2.The entrance fee shall be refunded within 15 days after the mobile home has been physically moved from the park.
No new entrance fee may be charged for a move within the same park. This paragraph does not apply in instances in which the mobile home owner is evicted on the ground of nonpayment of rent; violation of a federal, state, or local ordinance; or violation of a properly promulgated park rule or regulation or leaves before the expiration date of his or her rental agreement.However, the sums due to the park by the mobile home owner may be offset against the balance due on the entrance fee.
7. Deposits: Although it is not the common practice of the Community Owner to charge deposits, the Community Owner reserves the right to charge deposits upon each entry and placement of a manufactured home in the manufactured home Community. The amounts of each deposit shall be disclosed to the Resident, in writing, prior to occupancy. The current charge is $____________.
8. Storage Fees: The Community Owner reserves the right to charge fees for the storage of personal property, boat docks, slips and anchorage. The current charge is $________.
9. Registered Guest: Maximum fifteen (15) consecutive days or thirty (30) days total per year, no charge. Over this time period, with management approval, $__________ per week per guest.
10. Boats: The Community Owner reserves the right to charge fees for boat docks, slips, and anchorage. The current charge is $____________.
The dollar amounts set forth hereinabove are current as of the date of delivery of this Prospectus, ____________________. Said fees may be increased from time to time.
- RENTAL AGREEMENT.
1. Purchaser of re-sale manufactured home in the Community and assumption of existing rental agreement:
The current annual base rent is $__________ per month for corner, view, or waterfront lots; and $__________ per month for all other lots. The above rate applies from ____________________ to
From ____________________ to ____________________ the base rent is $____________ per month for corner, view, or waterfront lots, and $____________ per month for all other lots.
2. New Residents moving onto vacant lots or purchasing homes from the Community Owner:
The current annual base rent is $____________ per month for corner, view, or waterfront lots and $____________ per month for all other lots. The above rate applies from ____________________ to ____________________.
From ____________________ to ____________________ the base rent is $____________ per month for corner, view,
or waterfront lots and $____________ per month for all other lots.
3. The Community Owner reserves the right to change rental agreement terms at the conclusion of the term of the assumed lease or for new residents not assuming an existing lease.
4. No rental agreement shall be offered by the Community Owner for a term of less than one (1) year, and if there is no written rental agreement, no rental term shall be less than one (1) year from the date of initial occupancy; however, an initial tenancy may be less than one (1) year in order to permit the Community Owner to have all rental agreements within the Community commence at the same time. Thereafter, all tenancies shall be for a minimum of one (1) year.
- The Community Owner reserves the right in Section 8 or any other section of this Prospectus to make any change deemed proper based on future interpretation of the law by the courts, the Florida Department of Business and Professional Regulation or any other appropriate body of jurisdiction.
- RULES AND REGULATIONS OF THE COMMUNITY
A. CURRENT COMMUNITY RULES AND REGULATIONS:
The Community Rules and Regulations currently in effect are attached hereto as “Exhibit B”.
The Rules and Regulations for the Community are in addition to those imposed by the laws of the State of Florida, and govern the behavior of Residents and their guests, and the use of the Community property and facilities.
B. PROCEDURES PERTAINING TO RULES AND REGULATIONS CHANGES AND ADOPTION OF NEW RULES AND REGULATIONS:
The Community Owner may change, amend, and/or modify the Rules and Regulations of the Community and adopt new Rules and Regulations. The Community Owner shall provide written notice of any such changes, modifications, amendments, or new Rules and Regulations, at least ninety (90) days prior to their effective date, provided that such notice is required by Florida Statutes. Rules adopted as a result of restrictions imposed by governmental entities and required to protect the public health, safety, and welfare may be enforced prior to the expiration of the ninety (90) day period.
- EXISTING ZONING CLASSIFICATIONS AND PERMITTED USES:
A. CURRENT ZONING CLASSIFICATION:
R – 3MHT
B. PERMITTED USES UNDER SUCH CLASSIFICATION:
Manufactured home Community; multiple family residential and travel park (RV) district.
- NATURE AND TYPE OF ZONING AND ZONING AUTHORITY:
The property is currently zoned R-3MHT in Hillsborough County, Florida, for mobile home park uses, multiple family residential and travel park (RV) district. The zoning authority is Hillsborough County, Florida.
The Community Owner does not, as of the initial filing date of this Prospectus, have any definite future plans for changes in the use of the land comprising the Community.
- INCLUDED EXHIBITS:
A. Rental Agreement
B. Rules and Regulations
C. Community Lot Layout
- DIVISION FILING:
The Division Filing Identification number for this Prospectus PRMZ000195-P11367
This filing was deemed adequate to meet the requirements of Chapter 723, Florida Statutes, by the Department of Business Regulation, Bureau of Mobile Homes on March 6, 1991.
Amendments to this Prospectus Approved:February 28, 1991
March 6, 1991
May 28, 1993
July 1, 1997
December 16, 1997
November 6, 2000
January 20, 2009
March 25, 2014
This Prospectus applies to lot #________________________________