Loading...
HomeMy WebLinkAboutBuilding Permit #315 - 460 MAIN STREET 10/12/2011 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO:__31,.r_ Date Received Date Issued:-/ IMPORTANT:Applicant must complete all items on this page LOCATION / 0 -7 Pant PROPERTY OWNER �='y le Tr 0 a�,�,- j Unit# Print MAP NO:0 5-7,,0 PARCEL: 0007 ZONING DISTRICT: Historic District yes no Machine Shop Village yes no 100 year-old structure yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition 0 Two or more family ❑ Industrial Iteration No. of units: ❑ Commercial ❑ Repair, replacement 0 Assessory Bldg ❑ Others: ❑ Demolition ❑ Other I `®`Septic Well F F od a1 n (j�Wetland'sP - (] tW_ atershed�Di_stnef W; A'1 ;t E' DESCRIPTION OF WORK TO BE PERFORMED: .s (Identification Please Type or Print Clearly) t OWNER: Name: t>" Phone: Address: /A✓ -s-/— CONTRACTOR Name: 1�N7z0"'j- 0 Lk.0 Phone: 5'7F GJF 6 7-2- Address: -zAddress: Supervisor's Construction License: a V�_ Exp. Date: Home Improvement License: _. Z(1- 7,0c ? Exp. Date: ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE:BULDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ /r 16 ?1 00 FEE: Check No.: _ J ?7D� Receipt No.: CgLq � NOTE: Persons contracting with unregistered contractors do not have access to the gu zranty fund Sign"aturejofr`Agent/Owner SJ natu_"re'of.contractor Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits Li Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And/Or C.S.L. Licenses o Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition or Decks o Building Permit Application o Certified Surveyed Plot Plan ❑ Workers Comp Affidavit o Photo Copy of H.I.C. And C.S.L. Licenses o Copy Of Contract o Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) o Mass check Energy Compliance Report (If Applicable) o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application o Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit o Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) o Copy of Contract ❑ Mass check Energy Compliance Report o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg .Permit In all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals that the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording must be submitted with the building application Doc: Doc.Building Permit Revised 2008mi i J Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ TSwimming ❑ Tanning/Massage/Body Art ❑ mmin g Pools Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private(septic tank,etc. ❑ Permanent Dumpster on Site ❑ I { THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS CONSERVATION Reviewed on Si qnature COMMENTS I-EALTH Reviewed on Siqnature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water& Sewer Connection/Signature& Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no Located at 124 Main Street Fire Department signature/date COMMENTS Dimension i Number of Stories:_Total square feet of floor area, based on Exterior dimensions._______ Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine I NOTES and DATA— For department use I Notified foricku - Date p p Doc:.Building Permit Revised 2011 June/mi Location No. a '12 Date �oRTM TOWN OF NORTH ANDOVER 41 D Certificate of Occupancy $ 4 °'�< Building/Frame/Frame Permit Fee $ �'� s�cwust 9 Foundation Permit Fee $ Other Permit Fee $ TOTAL $ r Check # o2- 24698 2-4698 Building Inspector • The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 1 Congress Street,Suite 100 Boston,MA 02114-2017 www mass gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Auulicant Information Please Print Leiribly Name(Business/organization/Individual): Antoon-Boudreau Construction, Inc. Address: 14 Bearse Ave. City/State/Zip: Methuen, MA 01844 Phone#: (978) 688-6272 Are you an employer?Check the appropriate box: Type of project(required): 1.® I am a employer with 3 4. ❑ I am a general contractor and I employees(full and/or part-time).* have hired the sub-contractors 6. [1New construction 2.❑ I am a sole proprietor or partner- listed on the attached sheet. 7. emodeling ship and have no employees These sub-contractors have g, ❑Demolition working for me in any capacity. employees and have workers' insurance 9. E)Building addition comp.[No workers'comp.insurance P• required.] 5. ❑ We are a corporation and its 10.F1 Electrical repairs or additions 3.❑ I am a homeowner doing all work officers have exercised their 11.❑Plumbing repairs or additions myself. [No workers'comp. right of exemption per MGL 12.❑Roof repairs insurance required.]t c. 152, §1(4),and we have no 13. Other employees. [No workers' comp. insurance required.] 'Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. ;Contractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for nay employees. Below is thepolicy and job site information. Insurance Company Name: CHARTIS Policy#or Self-ins. /LLiic..#: WC 1651229 Expiration Date: 03/20/2012 Job Site Address: I-XV t,/ S'7 City/State/Zip:- -40-a U Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. Ido hereby cernfy unor the }as Indpenalties?Le!jury that thein ormadon provided above is true and orrect Si afore: Date Phone#: 978 5-3305 (Cell) Official use only. Do not write in this area,to be completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6.Other Contact Person: Phone#: Iassachuse"s r Department of Public 5afct% Restricted to: 00 Board of Building (Regulations and Standards Construction Supervisor License 00- Unrestricted L %unse: vS 266451G- 1 2 Family Homes Restric'prl t,3- 00 t MICHAEL J ANTOON Failure to possess a current edition of the 14 B-EARSE AVE Massachusetts State Building Code METHUEN, MA 01844 ;h is cause for revocation of this license. Expiration: 19/25/20 1 Refer to: WVVW.Mass.Gov/DPS �i-�-- ---�-- { ("unuytii+►nrr Tr#: 10684 a�autnornrc ✓ rt.�.ut trt License or registration valid for individul use only Office of Consumer Affairs& Business Regulation HOME IMPROVEMENT CONTRACTOR before the expiration date. If found return to: Registration: 143871 Type: Office of Consumer Affairs and Business Regulation 10 Park Plaza Suite 5170 Expiration: 8/9/2012 Private Corporation Boston,MA 02116 u ANTOON -BOUDREAU CON$T,<INC. MICHAEL ANTOON t � 14 BEASRE AVEC _ , METHUEN, MA 01844 Uadersecret No id without signator 7 M ACORO° CERTIFICATE OF LIABILITY INSURANCE FDATE ( MIDDIYYYY) 07/20/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Phone: (978)474-0810 Fax: (978)474-0890 .AME..TACT Samel Insurance Agency,Inc. JONATHAN M SAMEL CIC LIA PHONE Ax "C. C Ne Ext): 978.474-0810 ac No): 978.474-0890 SAMEL INSURANCE AGENCY,INC. E-MAILinfo@samel-ins.com 15 CENTRAL STREET ADDRESS: PRODUCER ANDOVER MA 01810 CUSTOMER ID: 7048 INSURER(S)AFFORDING COVERAGE NAIC# INSURED ANTOON BOUDREAU CONSTRUCTION INC INsuRERA :ARBELLA PROTECTION 14 BEARSE AVENUE NsuRER B :Norfolk 8 Dedham Group METHUEN MA 01844 INSURER :National Union Fire Ins Co of Pittsburgh PA INSURER D: NSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 31454 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, INSR TYPE OF INSURANCE ADD'L SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY LIMITS A GENERAL LIABILITY 8500049512 01/01/11 01/01/12 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurence $ 100,000 CLAIMS-MADE IX1 OCCUR MED.EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO LOC $ B AUTOMOBILE LIABILITY BA90918816A 11/03/10 11/03/11 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident)X SCHEDULED AUTOS $ X HIRED AUTOS PROPERTY DAMAGE $ (Per accident) X NON-OWNED AUTOS $ UMBRELLA UAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ C WORKERS COMPENSATION WC1651229 03/20/11 03/20/12 X TORYTLIMITS OT-1 $ AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTNE E.L.EACH ACCIDENT 500,000 OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Operations Usual to a General Contractor Lowe's Companies Inc and"any and all subsidiaries are added as an additional insured only as their interest may appear as per written contract with respect to the General Liabiitiy and Auto Liability Policies. CER FICATE OLDER CANCELLATION Lowe's Companies Inc SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Attn:IS Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O.Box 1111 ACCORDANCE WITH THE POLICY PROVISIONS. N.Wilkesboro,NC 28656 AUTHORIZED REPRESENTATIVE Attention: Jonathan M.Samel ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STORE COPY INSTALLATION SERVICES CUSTOMER CONTRACT LOWE'S OF SALEM, NH, STORE #2382 STORE PHONE: (603) 681-4218 541 SOUTH BROADWAY SALESPERSON: SALEM, NH 03079-0000 SALESPERSON ID: 1327991 Document Print Date : 08/15/2011 This is only a Quote for the merchandise and services printed below. This becomes an agreement upon payment and issuance of a Lowe's receipt, upon which the entire agreement, including the specifically completed pages of this document,the Terms and Conditions included with this document,the applicable portion(s) of Lowe's receipt,and any other addenda or attachments hereto,shall be referred to herein as this"Contract."PLEASE READ THIS ENTIRE DOCUMENT INCLUDING THE"TERMS AND CONDITIONS," BEFORE SIGNING. Lowe's Registration or Contractor License Number/Lowe's Contractor Name Lowe's Home Centers, Inc.'s MA HIC NO.: 148688 Lowe's Home Centers, Inc.'s FEIN:56-0748358 Customer Name Home Phone SOLD KIM PIETROWSKI 978-683-9587 Customer Address Other Phone TO 460 MAIN ST City State/Province Zip/Postal Code NORTH ANDOVER MA 01845 PROJECT SUMMARY Category Comments/Scope of Work Amount Addendum Reference Barcode KITCH - CTOP - No Comment $ 1646.11 330633827 - PIETROWSKI SENSA GRANITE PROJECT SELLING No Comments $ 1031.25 333155246 - PSI APPLIANCE INSTALL,VENT MICRO, 333147350 - PSI DEMO PROJECT SELLING None $ 10556.08 FLR,CABS,INSTALL CABS,TILE AND SHEET- ROCK PROJECT SELLING No Comments $ 1497.40 333149322 - PSI ELECTRIC TO CODE ,INSTALL 4 Store 2382 Project Summary for KIM PIETROWSKI Page 1 of 7 ` STORE COPY LIGHTS,SWICH PLATE 333151971 - PSI INSTALL PROJECT SELLING No Comments $ 1988.01 TILE FLOOR AND CEMENT BOARD PROJECT SELLING No Comments $ 165.00 333516468 - PSI KITCHEN PERMIT PROJECT SELLING Install 18 feet of baseboard,contractor $ 45420 333157794 - PSI PAINT CEIL- to supply baseboard . ING,BASEBOARD, 333155905 - PSI PLUMB- PROJECT SELLING No Comments $ 765.00 ING,DISCONNECT RECON- NECT.RELOCATE DRAIN Materials Price $ 9151.40 Note: Please see Contract Addenda for a more detailed merchandise and installation description. Labor Charges $ 9026.65 Detail Deduction -$ 75.0 PHOTO RELEASE: Customer grants to Lowe's and Lowe's employees the right to take photographs of all work performed at the Premisis related to this Con- tract, and irrevocably grants to Lowe's all right, title and interest in and to the photographs for use in all markets and media, worldwide, in perpetuity. Customer authorizes Lowe's to copyright, use and publish the photographs in print and/or electronically, and agrees that Lowe's may use such photographs for any lawful purpose, including, but not limited to, marketing, advertising, publicity, illustration, training and Web content. By initialing here, Customer agrees to the forego- ing. [Customer to initial to the left]. Additional Specifications: Federal law requires Lowe's to provide you with the pamphlet Renovate Right: Important Lead Hazard Information for Families. Child Care Providers and Schools. By signing this Contract, Customer acknowledges having received a copy of this pamphlet before work began informing Customer of the potential risk of the lead hazard exposure from renovation activity to be performed in Customer's dwelling unit. TOTAL CHARGES OF ALL MERCHANDISE AND SERVICES �whereapplicable SUB-TOTAL $ 18103.0 *TAX $ 0.0 DELIVERY $ 0.0 ORDER TOTAL $ 18103.0 BALANCE DUE Store 2382 Project Summary for KIM PIETROWSKI Page 2 of 7 STORE COPY Work is to commence upon re on le vaillRbilty of Contractor and/or any special order or custom made Good(s)which is anticipated to be _ t r` :' [fill in date].Es- timated completion date is _[fill in date]. Said estimated substantial completion date is not of the essence. A statement of any contingencies that would materially change said estimated substantial completion date is as fol- lows: ___(if applicable. insert a statement of such contingencies). NOTICE TO CUSTOMER All items listed in this contract and specification sheet(s)are to be installed under conditions agreed upon at time of purchase and at the price appearing on this contract form.This assumes sound ex- isting substructures, superstructure and points of attachments. Extra labor or material incident to installation necessitated by defective substructures, superstructure,points of attachment,or the moving of fixtures or appliances to be billed at extra cost to customer. IF THE CONTRACT TOTAL IS$1.000.00 OR LESS Customer must pay in full. COMPLETE THIS SECTION ONLY WHEN THE CONTRACT TOTAL EXCEEDS$1.000.00: f']-Customer to Pay in Full;OR [_]Customer to use the following payment schedule: (1)Deposit to be paid upon signing contract.Deposit should be 1/3 the total contract price;and (2) Payment of$_ to be paid anytime after this Contract is signed and before commencement of installation, I/We authorize Lowe's to do one of the following(check appropriate box be- low): [_]Charge my/our credit card for the amount of the payment indicated above anytime after the date this Contract is signed;or (_)Deposit my/our check for the amount of the payment indicated above anytime after the date this Contract is signed:and (3) Final payment of$100.00 to be paid upon completion of the installation and both parties'satisfaction. DO NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES AND UNTIL YOU HAVE READ THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT AND WHICH FOLLOW THE SIGNATURE PAGE(s). BY SIGNING BELOW, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS CONTRACT. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT AT THE TIME OF SIGNATURE. NOTICE REGARDING ARBITRATION AGREEMENT FOR CLAIMS COVERED BY M.G.L.c.142A LOWE'S AND OWNER HEREBY MUTUALLY AGREE IN ADVANCE THAT IN THE EVENT LOWE'S HAS A DISPUTE CONCERNING THIS CONTRACT,THAT LOWE'S MAY SUBMIT SUCH DIS- PUTE TO A PRIVATE ARBITRATION SERVICE WHICH HAS BEEN APPROVED BY THE SECRETARY OF THE EXECUTIVE OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATIONS AND THE OWITTER SHALL BE €QUIRED TO SUBMIT TO SUCH ARBITRATION AS PROVIDED IN M.G.L.c.142A. Date:_ 2- 1�l b s Home Centers Inc. , BY: Date: Qc� --- Y caner Store 2382 Project Summary for KIM PIETROWSKI Page 3 of 7 STORE COPY By. -- — Date:- Co-Owner or Witness THE SIGNATURES OF THE PARTIES ABOVE APPLY ONLY TO THE AGREEMENT OF THE PARTIES TO ALTERNATIVE DISPUTE RESOLUTION INITIATED BY LOWE'S PURSUANT TO M.G.L. c.142A. THE OWNER MAY BE PERMITTED TO INITIATE LTERNATIVE DISPUTE RESOLUTION EVEN WHERE THE SECTION ABOVE IS NOT SEPERATELY SIGNED BY THE PARTIES. WITNESS OUR HAND(S)and SEAL(S) BELOW THIS DAY OF- Lowe's Ho%6 Centers, Inc. By! /t,,) ` i d (Seal) Owne �� — --. .._ —�\, —_(Seal) Pftfit Name:_L-- - _��( �� Print Name: Address: { L 1 � ) fit ;�� �yc�- ��t Co Owner or Witness: _(Seal) C CITY: State: Zip:_ % 1 Print Name:_ Customer acknowledges receipt of a true copy which was completely filled in prior to Customer's execution hereof. You the customer may cancel this transaction at any time prior to midnight on the third business day after the date of this transaction.See the attached Notice of Right to Cancel for an explanation of this right. Store 2382 Project Summary for KIM PIETROWSKI Page 4 of 7 STORE COPY TERMS AND CONDITIONS 1."LOWE'S" DEFINED.Within this Contract(as defined on the front page of this Contract),the term "Lowe's"shall refer to Lowe's Home Centers, Inc.,a North Carolina corporation. 2.GENERAL DESCRIPTION. By this installed sales contract(the"Contract"), Customer agrees to purchase and Lowe's agrees to sell the goods and/or materials(the"Goods")and the services to install same (the"Installtion Services") in or on the above-identified premises(the"Premises") for the stated total cash price(the"Price") and according to the specifications and other provisions of the Contract documents. including (a) this Contract form, (b)the Addendum, if and to the extent applicable, (c) any attached sketches, materials lists, floor plans, and/or specification sheets;and (d)the applicable portion(s) of Lowe's receipt. 3. INSTALLATION SERVICES. Customer authorizes Lowe's on Customer's behalf to(a) arrange for the Installation Services to be performed by an independent contractor(the"Installer") (licensed when leg- ally required), (b) issue a work order to the Installer to perform the Installation Services, (c) have the Installer's work inspected, should Lowe's in its discretion choose to do so(it being agreed that Lowe's has no obiligation to do so), and(d) pay the Installer after completion of the work and after receipt of a certificate,signed and dated by Customer,that the work has been satisfactorily completed(the"Certificate of Completion"). Customer understands that Lowe's will rely upon the Certificate of Completion in paying the Installer for the Installation Services. CUSTOMER AGREES THAT THE INSTALLER WILL PER- FORM THE INSTALLATION SERVICES ACTING AS AN INDEPENDENT CONTRACTOR FOR CUSTOMER AND NOT UNDER THE SUPERVISION OR CONTROL OF LOWE'S. Customer agrees that the Installation Services do not include architectural/engineering services or structual changes to the Premises or any other services beyond the ordinary and routine installation of the Goods as specifically provided in this Contract. Customer is responsible, at Customer's cost,for providing any necessary architectural/engineering services or structual changes to the Premises or any other services not specifically identified in this Contract. 4. GOODS. Lowe's will arrange for delivery of the Goods to the Premises. Customer agrees Lowe's owns all Goods until installed into the home, building,or on customer's property. Customer agrees Contract is being offered for the total Price (per below). Customer further agrees any surplus materials upon completion of the installation services shall remain the property of Lowe's and, if instructed by Lowe's, such surplus materials shall be returned to Lowe's by the Installer. Upon request from the Customer at the time of job completion, Lowe's, in its discretion,will allow all or part of unused, receipted surplus materials to be retained by the Customer. 5. PRICE. The Price covers the Goods, Installation Services, and applicable taxes.The Price assumes sound existing substructures, superstructure and points of attachments.The Price shall be increased by the cost and reasonable profit to Lowe's of having to provide additional Goods and/or Installation Services as a result of defective substructures. superstructures, or points of attachments or the existence of any other Undisclosed Condition(per below). In the event of an Undisclosed Condition or the foregoing,Customer will execute a change order or a new replacement contract upon Lowe's request. 6. DISCOUNTS and PROMOTIONS. From time to time, Lowe's provides various promotions. offers and discounts that may apply to Goods and/or Installation Services. See specific promotion, offer and dis- count for terms and conditions that may apply.All discounts are taken at the time of Customer's purchase.Applicable discounts or discounted Prices will appear on the Lowe's receipt and/or on the Contract. 7. PAYMENT. If the Price is$1;000.00 or less, payment of the Price by Customer to Lowe's is due in full uopon execution of this Contract. If the Price is over$1,000.00, Customer may choose to pay in full upon execution of this Contract, but Lowe's may not require Customer to do so. If the Price is over$1,000.00 and Customer does not pay in full at the time of sale. Customer agrees to pay Lowe's according to the payment schedule set forth in this Contract. Customer agrees to pay a deposit upon execution of this Contract equal to one-third of the Price. Customer agrees to make a payment for the balance of the Price less the final payment at least one day after the date this Contract is executed and prior to the commencement of the Installation Services.Customer agrees to make the final payment upon completion of the Installation Services and Customer's satisfaction. Payment for a new replacement contract is payable according to these Terms and Conditions. Payment for any change order is due at the time of that change order. Lowe's will send to Customer by U.S. Mail a receipt evidencing Customer's purchase after Payment is processed. 8. LICENSES, PERMITS, SAFETY RULES, BUILDING CODES,ZONING ORDINANCES, AND OTHER LAWS.The Installer shall be solely responsible to Customer for obtaining any and all licenses, regis- trations and certifications which are legally required to perform the Installation Services. The Installer shall also be solely responsible to Customer for the Installation Services being performed in compliance with all applicable safety rules and all existing buidling codes, zoning ordinances and other laws. Lowe's shall be responsible to Customer for obtaining building permits which are legally required to perform the Installation Services where Lowe's is legally required to obtain such permits. Where Installer is required to obtain such permits then Installer will be responsible to Customer for obtaining such permits.Custom- ers who secure their own building permits will be precluded from claiming against certain state guaranty funds relating to home improvements. Neither the Installer nor Lowe's shall be responsible for any pre- existing violations of safety rules, building codes, zoning ordinanaces or other laws and shall not be required to address or correct same. If prior to the completion of work a change occurs to any applicable safety rule, building rode, zoning ordinance or other law which requires additonal Goods and/or Installation Services to perform this Contract, Customer agrees to pay Lowe's the cost and reasonable profit for such additional Goods and Installation Services and to execute a resulting change order or new replacement contract as requested by Lowe's. No additional work will be performed under this Contract due to any change to any applicable safety rule, building code,zoning ordinance or other law that occurs after the completion of work. 9. CUSTOMER'S WARRANTY AGAINST VIOLATIONS OF EASEMENTS,COVENANTS,AND THIRD PARTY RIGHTS. Customer warrants that performance of Installation Services will not violate any exist- ing real property easements,covenants, homeowner's association rules or rights of third parties holding an interest in the real property being improved. 10. UNDISCLOSED CONDITIONS IN PREMISES. If any defect.weakness or dangerous condition including,but in no way limited to, mold, mildew, rot,asbestos or infestation("Undisclosed Condition") is dis- covered or identified in the Premises' structure, substructure, superstructure or points of attachment at any time prior to commencement or completion of the Installation Services, Customer must remedy the Undisclosed Condition at Customer's sole cost and expense and to Lowe's sole.satisfaction. If Customer refuses to permit inspection of the Premises as•set.forth below, Lowe's may terminate or rescind this.- Contract without remedy or recourse by, or further obligation to,Customer,except as expressly provided below. If Customer and Lowe's disagree as to whether an Undisclosed Condition exists,Lowe's may in its sole discretion obtain the services of an inspector to inspect the Premises at Lowe's sole cost and expense, and if Lowe's chooses to do so,such inspector's report shall be final and conclusive as to wheth- er an Undisclosed Condition exists. In the event of any Undisclosed Condition that Customer does not remedy to Lowe's sole satisfaction,or any failure by Customer to perform any other obligation of Custom- er under this Contract,then at Lowe's option (i) Lowe's may rescind this Contract and return the Price to Customer without further cost or obligation by either Customer or Lowe's if Lowe's notifies Customer of its election to rescind this Contract prior to the earlier of delivery of the Goods and the Installer beginning performance of the Installation Services, or(ii) Lowe's may terminate this Contract without remedy or recourse by, or further obligation to Customer, except as expressly provided below if Lowe's notifies Customer of its election to terminate this Contract after the earlier of delivery of the Goods and the installer beginning performance of the Installation Services. In the event that Lowe's terminates the Contract as provided in this Section,then Customer may return the Goods(other than Goods that have been"custom- made") in their original, unopened condition,to Lowe's for a refund or credit.Any such return must be made within 30 days after Lowe's terminates this Contract.Customer will be charged a 15%restocking fee on any such returns. Goods not in their original, unopened condition, and custom-made goods, may not be returned. "Custom-made" goods include goods that have been uniquely altered, color-matched, shaped,sized,cut or otherwise designed or fitted to accomodate the requirements of a particular space or environment. Examples of custom-made goods include, but are not limited to,cabinets,countertops, floor and wall coverings, and window treatments. If Lowe's terminates this Contract as provided herein, Lowe's shall have no obligation to refund any portion of the Price (except as expressly provided herein) and shall have no obligation to restore the Premises to their original condition. Notwithstanding the foregoing, and alternative to rescinding or terminating this Contract as described above, upon discovery or identification of any Undisclosed Condition in the Premises, Lowe's may in limited circumstances and markets, and in Lowe's sole discretion, authorize the commencement or continuation of Installation Ser- vices upon Lowe's receipt of Customer's written agreement(to be furnished to Customer by Lowe's)to release and hold harmless Lowe's and installer from any and all liability arising out of or related to the Un- disclosed Condition and Customer's remedy of Undisclosed Condition. 11. CUSTOMER'S RESPONSIBILITIES: Customer agrees to pay Lowe's according to these Terms and Conditions. Customer agrees to facilitate the location of utility lines. Customer is responsible for identi- fying property lines. Customer agrees to ensure that work area are free of vermin and pre-existing physical or environmental hazards, and building/zoning code violations. Customer agrees to provide the In- staller with access to work areas during working hours and to provide access to sanitary facilities or to pay the rental costs for such facilities. Customer agrees to ensure that any security system at the Store 2382 Project Summary for KIM PIETROWSKI Page 5 of 7 STORE COPY Pgemises will not interfere with performance of the Installation Services. Customer agrees to provide power to,as applicable,climate control in,the work areas.Customer agrees not to allow unattended minors at the Premises while the Installer is present. Customer agrees to control and keep pets away from work areas. Customer agrees to keep posted permits on display at all times. Customer agrees that if Cus- tomer or anyone Customer controls interferes with or delays performace of the Installation Services, Customer may be subject to transportation/storeage charges or other resulting charges. Customer agrees not to assign or transfer this Contract. Customer agrees that any claim against Lowe's or the Installer under this Contract should be made to Lowe's within thirty(30)calendar days of the date Customer first becomes aware of a problem. (Lowe's will attempt resolution of any claim(s)within sixty(60)calendar days of receiving Customer's notice.) CUSTOMER ASSUMES THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF THE GOODS OR WITH PERFOMANCE OF THE INSTALLATION SERVICES. 12. MANUFACTURER WARRANTY FOR GOODS.Customer is entitled to any warranty provided by a manufacturer of the Goods sold under this Contract. The Installer will provide Customer with any manu- facturer consumer warranty information accompanying the Goods, and Customer may also obtain such information by contacting Lowe's. LOWE'S DOES NOT WARRANT THE GOODS AND EXPRESSLY DISCLAIMS ALL WARRANTIES,EXPRESSED OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY LAW 13. LOWE'S WARRANTY FOR INSTALLATION SERVICES/LIMITATIONS OF LIABILITY. Lowe's does warrant that the Installtion Services will be performed by the installer in a good and workmanlike manner. Lowe's warranty for Installation services shall extend for a period of one year from the earlier of(1)the date the Certificate of Completion is signed by Customer or(2)the date that Lowe's determines that the Installation Services have been completed, or for such greater period as may be required by applicable law governing consumer warranties for workmanship (the "Warranty Period"). LOWE'S WAR- RANTY THAT THE INSTALLATION SERVICES WILL BE PERFORMED BY THE INSTALLER IN A GOOD AND WORKMANLIKE MANNER DOES NOT COVER, AND LOWE'S WILL NOT BE RESPONS- IBLE FOR,ANY DEFECT IN SUCH INSTALLATION SERVICES DUE TO(1)ANY DEFECT,WEAKNESS OR DANGEROUS CONDITION, INCLUDING BUT NOT LIMITED TO, MOLD, ROT,ASBESTOS OR INFESTATION IN THE PREMISES'STRUCTURE, SUBSTRUCTURE, SUPERSTRUCTURE OR POINTS OF ATTACHMENT, OR OTHER PRE-EXISTING PHYSICAL OR ENVIRONMENTAL HAZARD, OR (2) ABUSE, MISUSE, NEGLECT, OR IMPROPER CLEANING. LOWE'S WARRANTY FOR INSTALLATION SERVICES SHALL BE IN LIEU OF ANY OTHER WARRANTY EXPRESSED OR IMPLIED.TO THE FULLEST EXTENT PERMITTED BY LAW. Customer acknowledges and agrees that Customer shall be limited to seeking recourse or remedy exclusively from Lowe's or the Installer(as applicable) and that no affiliate of Lowe's shall have any liability under this Contract. Customer must give Lowe's written notice within the Warranty Period of any warranty claim relating to Installation Services. Customer agrees that its sole and exclusive remedy against Lowe's for a warranty claim is reinstallation in a good an workmanlike manner, including the repair or replacement of any Goods if and to the extent resonably necessary to correct the defective Installation Ser- vices. CUSTOMER SHALL HAVE NO OTHER REMEDY FOR A WARRANTY CLAIM. INCLUDING WITHOUT LIMITATION REMEDY FOR LOSS OR DAMAGE CAUSED BY NORMAL WEAR AND TEAR. LOSS OR DAMAGE WHICH HAS NOT BEEN REASONABLY MITIGATED, OR LOSS OR DAMAGE CAUSED BY ACTS OF GOD. IN NO EVENT SHALL LOWE'S BE LIABLE FOR INDIRECT. PUNITIVE. CONSEQUENTIAL OR INCIDENTAL DAMAGES (SUCH AS, WITHOUT LIMITATION, LOST PROFITS, LOST SALES, AND INJURIES TO PERSONS OR PROPERTY), EVEN WHERE LOWE'S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE, DUE TO OPERATION OF LAW. SUCH DAMAGES CANNOT BE EXCLUDED, THEY ARE EXPRESSLY LIMITED IN AMOUNT TO THE PURCHASE PRICE. In connection with any warranty claim, Customer agrees,at no cost to Lowe's or the Installer, to prepare the Premises and the reinstallation area in the manner described in Section 11 of these Terms and Conditions. 14. DISPUTE RESOLUTION FOR CLAIMS COVERED BY M.G.L. c142A. Most questions or complaints are resolved informally. If Customer has a question or complaint, Customer agrees to contact the Lowe's salesperson whose name appears on this Contract and the manager of the Lowe's store at the address and/or phone number on the front page of this Contract. If Customer has a complaint which can- not be resolved informally,The Home Improvement Contractor Law(M.G.L. c142A) may provide Customer with the right to request arbitration through a private arbitration program approved by the Director of the Office of Consumer Affairs and Business Regulation, as an alternative to court action. The same right is not afforded to Lowe's unless the "Notice Regarding Arbitration Agreement for Claims Covered by M.G.L.c142A"on the front page of this Contract is signed and dated by Lowe's and the owner. If allowed by statute or applicable law,the arbitrator may awared statutory damages and/or reasonable attorneys' fees and expenses. If Customer fails to pay Lowe's in accordance with this Contract, Lowe's shall be entitled to recover its reasonable attorneys' fees as provided by N.C. Gen. Stat. Section 6-21.2 or other controlling law.To the fullest extent permitted by law. Lowe's and Customer agree that no class action lawsuit or class action artibration of any type may be pursued by or on behalf of the Customer or ordered by a Court or arbitrator(s) under this Contract and, in addition,that there shall be no joinder of parties, except for joinder of parties to the transaction covered by this Contract. 15. ARBITRATION AGREEMENT, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION ADJUDICATION FOR CLAIMS NOT COVERED BY M.G.L.c142A:All claims by Customer or Lowe's con- cerning this Contract which cannot be resolved informally,and which are not covered by M.G.L.c142A or subject to the jurisdiction of a small claims court,shall be resolved by binding arbitration conducted by a single arbitrator under the current applicable rules, procedures and protocols of JAMS, Inc. (JAMS) (www.jamsadr.com) (as amended) or the American Arbitration Association (AAA) (www.adr.org) (as amended).The parties agree that if JAMS or AAA are unable or unwilling to arbitrate the matter,the parties will agree upon a single arbitrator with a nationally recognized arbitration firm to arbitrate the matter. Claims to be resolved by binding arbitration include, but are not limited to(1) all claims directly or indirectly related to the signing of this arbitration agreement,the validity or scope of this arbitration agreement, or any attempt to set aside this arbitration agreement, (2) all federal or state law claims relating directly or indirectly to this Contract(including this arbitration agreement),the information Customer gave Lowe's before entering into this Contract and/or any past agreement or agreements between Customer and Lowe's, (3) all counterclaims, cross-claims and third-party claims, (4)all common law claims of any kind in- cluding claims based upon alleged product defect, contract, tort,fraud, or other intentional torts, (5) all claims based upon a violation of any state or federal constitution,statute or regulation, (6)all claims as- serted by Lowe's against Customer, including claims for money damages to collect any sum Lowe's claims Customer owes Lowe's, (7)all claims asserted by Customer individually against Lowe's and/or any of - Lowe's employees;agents, directors,officers,shareholders, managers, members,.parent company or affiliated entities (herein collectively referred to as"related=third parties,) or the-Installer, including claims for money damages and/or equitable or injunctive relief, (8) all claims asserted on Customer's behalf by another person, (9) all claims asserted by or on behalf of a Customer as a private attorney general against Lowe's,related third parties and/or the Installer, (10)all claims arising from or relating directly or indirectly to the disclosure by Lowe's, related third parties or the Installer of any non-public personal in- formation about Customer,and/or(11)all other claims arising under or related to this Contract whether or not set forth above. If the dispute falls within the jurisdiction of a small claims court the claimant may, at its option,choose to arbitrate or file a small claims action. Any appeal of a judgment from a small claims court shall be resolved by arbitration as provided herein. Binding arbitration means that Customer waives: (1)any right to a jury trial; (2)any right to bring a lawsuit in a court(other than a small claims court as described above); and (3)any right to seek relief in any other forum or from any other agency. Any claim not decided by a small claims court will be decided by an arbitrator selected as set forth immediately above.Lowe's and Cus- tomer agree that binding arbitration provides a simple, cost efficient method to resolve disputes quickly. Lowe's and Customer agree that no class action lawsuit or class action arbitration of any type may be pursued by or on behalf of the Customer or ordered by a Court or arbitrator(s)under this Contract and,in addition,that there shall be no joinder of parties,except for joinder of parties to the transaction covered by this Contract.By agreeing to binding arbitration Customer and Lowe's waive any right to bring or participate in a class action lawsuit or class action arbitra- tion regarding any claim. How Arbitration Works: Lowe's may demand arbitration by sending written notice to Customer at the address listed in this Contract.Customer may demand arbitration by sending written notice to Lowe's at the following address: Mail code NB6LG, P.O. Box 1000, Mooresville, NC 28115. The arbitration shall be held in the city or county where the Premises are located or in such other convenient location as the Customer and Lowe's may mutually agree. Lowe's shall pay the filing, administrative, hearing and arbitrator's fees associated with the arbitration. Customer shall not be required to reimburse Lowe's for these expenses even if Lowe's wins the arbitration. Unless the arbitrator's award or controlling law specifically provides otherwise, Lowe's and Customer will each be responsible for its own attorneys'fees and other expenses,such as wit- ness and expert witness fees. At the timely request of Customer or Lowe's,the arbitrator will provide a written explanation of the award so long as such requirement is consisent with the then current rules,pro- cedures and protocols of the arbitration entity selected by the parties as set forth above.The arbitrator's award may be filed with and enforced by any court having jurisdiction. If allowed by statute or applicable law,the arbitrator may award statutory damages and/or resonable attorneys'fees and expenses. If Customer fails to pay Lowe's in accordance with this Contract,Customer agrees that Lowe's shall be entitled Store 2382 Project Summary for KIM PIETROWSKI Page 6 of 7 ` STORE COPY tomrecover its reasonable attorneys' fees and expenses as provided by N.C. Gen. Stat. Section 6-212 or other controlling law. The parties agree that this arbitration agreement is made in connection with a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (as may be amended) (FAA), but if for any reason the Federal Arbitration Act does not apply,then this arbitration agreement shall be goverened by the laws of the State of North Carolina. 16. GOVERNING LAW AND SEVERABILITY.This Contract shall be interpreted under and governed by the law of North Carolina,without regard to the choice of law rules of any state,except that the ARBIT- RATION AGREEMENT, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION ADJUDICATION is governed by the FAA. If any provision of the Contract is contrary to any law to which it is subject, such unlawful provision shall be ineffective without invalidating the other provisions,which shall remain in full force and effect. 17. CREDIT CARD/FINANCED TRANSACTIONS. If Customer uses a credit card or obtains financing to pay some or all of the Price, then Customer acknowledges that the terms of his or her cardholder agreement or financing documents may change the total amount of money Customer must pay to the credit card provider or lender, including any interest charges and fees. Customer acknowledges that his or her cardholder agreement or financing documents may have other terms and conditions to which Customer will be subject.Customer also acknowledges that Lowe's is not a party to any such cardholder or fin- ancing agreement. 18. WAIVER OF LIENS. Because responsibility for paying the Installer on Customer's behalf belongs to Lowe's. Lowe's will require the Installer,on behalf of itself and any of the Installer's subcontractors, ma- terialmen or suppliers,as a condition precedent to payment by Lowe's on Customer's behalf, to fully and unconditionally relinquish, waive and release any and all mechanic's liens, materialman's liens and oth- er liens in the Premises which the Installer or its subcontractors,materialmen or suppliers might have or acquire in the future, by operation of law or otherwise,as a result of this Contract. 19. UNAVOIDABLE DELAY OR FAILURE IN PERFORMANCE EXCUSED. Any delay or failure by Lowe's or the Installer in performing this Contract because of stike, fire, flood, epidemic.acts of terrorism. acts of God, inability to obtain Goods in a timely or commercially feasible manner, or any other causes beyond the reasonable control of Lowe's or the Installer shall be excused and shall not be breaches of this Contract. 20. ENTIRE AGREEMENT/CHANGES IN WRITING. Customer and Lowe's agree that this Contract accurately states the entire agreement between Customer and Lowe's concerning the Goods and installa- tion Services and replaces and supersedes all prior agreements and understandings relating thereto, both oral and written, and all oral agreements and understandings entered into at the same time as this Contract.Any additions or changes to this Contract,or any waiver of rights under this Contract,must be in writing signed by Customer and Lowe's. 21. CAPTIONS.Titles or captions of sections contained in this Contract have been inserted only as a matter of convenience and in no way define, limit, extend,describe or otherwise affect the scope or mean- ing of this Contract or the intent of any provisions hereof. 22. ADDITIONAL INFORMATION.All contractors and subcontractors must be registered by the Administrator of the Board of Building Regulations and Standards. Inquiries about a contractor or subcontractor relating to a registration should be directed to the Administrator of the Board at One Ashburton Place, Room 1301,Boston, MA 02108,(617)727-8598. 23. QUESTIONS OR CONCERNS. Customer should speak to the Lowe's salesperson whose name appears on this Contract and the manager of the Lowe's store at the address and/or phone number on the front page of this Contract, regarding routine matters such as scheduling, any requested changes to Customer's order, or any concerns Customer may have about this Contract,the Goods or the Installation Services. Store 2382 Project Summary for KIM PIETROWSKI Page 7 of 7 FORTH TO" Of No.3/J� �o/�. _ o dover, Mass., Y O ^- LAKE COCMIC...CK ORATED BOARD OF HEALTH Food/Kitchen .PERMIT T D Septic System • BUILDING INSPECTOR THIS CERTIFIES THAT....... ..... .... ........11°� t......""••"•""•'•"• Foundation .�Uildings has permission to erect...........:......................... on ...... ....w..................... Rough to be occupied as ......................................... Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application on file in Final this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Construction of Buildings in the Town of North Andover. PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN6 S - I� ELECTRICAL INSPECTOR UNLESS CONSTRUC N T - Rough ........................................................................................ Service BUILDING INSPECTOR Final Occupancy Permit Required to Occupy Building GAS INSPECTOR Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE-DEPARTMENT Until Inspected and Approved by the Building Inspector.- Burner - Street No. SEE REVERSE SIDE smoke Det.