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Building Permit #655-13 - 87 FRENCH FARM ROAD 4/9/2013
pORTh BUILDING PERMIT,61°tia TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION _ h ^_ Permit NO: �� Date Received 'y 9 !3 P"0R`" 5 gSSACHUs�� Date Issued: I ORTANT: Applicant must complete all items on this page LOCATION l RI PROPERTY OWNER 'N/ Print 100 Year Structure yesno MAP 210 PARCEL:._ ZONING DISTRICT:_ Historic District ye no Machine Shop Villaqe ves no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑ Addition ❑ Two or more family ❑ Industrial ❑ Alteration No. of units: ❑ Commercial R*fRepair, replacement ❑ Assessory Bldg ❑ Others: ❑ Demolition ❑ Other ❑ Septic ❑ Well ❑ Floodplain ❑ Wetlands ❑ Watershed District ❑ Water/Sewer DESCRIPTION OF WORK TO BE PREFORMED: d6, 4r -4yjr Identification Please Type or Print Clearly) 97�✓ Al- 7D OWNER: Name: r3�i n Vl/�°sl W, Phone: !� Address: a -7 oeol /1/. , nd0 V(?,1-A44 01 FIV5 A6lai Co 1P lyj-e- CONTRACTOR Name: Agveer 4olAe Ree?n-e; l,•7a &no,9hone: WD seovxaY, Address: aSvl SeoSPo/t 0/- CPw,-rW P4 /9ot3 Supervisor's Construction License: lel Exp. Date: S1 711' z Home Improvement License: 1(0,9 & /6 Exp. Date: -9111/ - ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE: BULDING PERMIT: $12.00 PER $9000.00 OF THE TOTAL ESTIMATED COST BASED ON $925.00 PER S.F. Total Project Cost: $ �a /0 797,- FEE: $ / I 00 Check No.: 1- :p Receipt No.: 2-6Z(A NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund ;Signature of Agent/Owner Se2co,yc uSignature of contract 44t -A 24 Location i No. 4� Date Check #— AL 26264 TOWN OF NORTH ANDOVER VA Certificate of Occupancy $- Building/Frame Permit Fee $ Foundation Permit Fee Other Permit Fee TOTAL fj Buijj,ing Inspector , I Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art F] Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private (septic tank, etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Siqnature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comm 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 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 NOTES and DATA — For department use ❑ Notified for pickup - Date Doc.Building Permit Revised 2010 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 o Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products MOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products ,MOTE: 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 ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products TOTE: 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: Building Permit Revised 2008 CO) m X m m CO) F) S 00-0 •a c --1 r- N = < � N O "ai =5'`°CD CL � m Q. Tp 3 N -1, CD — O O �+ CL o `< m oo�my c N o �• CD C n _ �\ n as CD -, 5 O 0 C p •N CO) co � C7 �' o p o 50 O CD J �• Z N C W CD CD0 Z � EL o C. r m to �-10 It � i c zoo Fp � Cra- L ,y. � C cam. C7 m o• � � Q .a OCD a O N 0 � co O p� c� o ocD COL 04— CCDM o Z �m n ��C =�. CLC� �• C(l) r -ID LQ crK24— C .••F rp _ N Z W CDJ CD CD D CD o O Z� " ��� ppCD m CnZ` co) :ro C so O CD N Cl) O U)C Z C m y CD rt Cl) r-lok v: -,: O �: CD CD C: CO) O C n p CD o � . CL . y 0 w a n 3 0 z :3°' 3 0 �C 3 °' M < 0 �C v 0 3 °' 0 aQ 0 � w 0K rrD �. Ln 0 a �+ m D z H H A -i O m m A uzi o fmi cC W n p 03 C p z z H m Q 0 m 3 S rn 3 W O x m x The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations If 600 Washington Street Boston, MA 02111 www massgov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Ptumbers APAbcant Information �i f r Please Print Legibly Name (Bus vidual):_1 k ort Grn C �CII')CDFUnI Address:_ UN JR()l'/' f .1 • il[E 8110 L 1f f YTE �f� r' go City/State/Zip: Phone #: t. It - i -N 0 A,rre�" an employer? Check the appropriate box: Type of project (required): I. 5 1 am a employer with I 4• ❑ 1 am a general contractor and [ 6. C] New construction employees (tall and/or pail -time)." 2. ❑ 1 am a sok proprietor or partner- have hired the sub -contractors listed on the attached sheet. ; ?. ❑ Remodeling ship and have no employees These sub -contractors have S. (] Demolition working for me in any capacity. workers' comp. insurance. 9. ❑ Building addition [No workers' comp. insurance 5• ❑ We are a corporation and its 10.0 Electrical repairs or additions required.) officers have exercised their 3. ❑ I am a homeowner doing all work right of exemption per MGL 11.0 Plumbing repairs or additions myself [No workers' comp. c. 152,11(4), and we have no 12.0 Roof repairs insurance required.] t employees. [No workers' �400o v✓S 13.[a'vilser 1/l comp. insurance required.] 'Any applimu that checks bon Of must also till oat rho section below starwiag their wortew compaglatioa policy lalhr , ice. t Homeowners who submit this anidani indicating they an doing all work and @ten him outside coatrsctors mercer subsalt a sew dBdsvh indicating sneh. lContacom that check dds boa own attached so addidoml sheet Showing the time of the &*-cocuscuin and their w+orkm' comp. policy mfonnsxion. ss�ers�a® � I am an employer that is providing worhirs' eani pensadon insurance for my employees. Below is the policy and job site Infonmadon. Insurance Company Wa Rl_E ys V 1 W-6 VV64CE STW_ -Vnls C.6 Policy 0 or self-", Lie. di ©� O ®d O g`j� ?9�i Expiration Date 1 r Job Site Addres S7 trre,14, rcloyl !e 0aA City/State zip / or fA Xndov&-At4 D1 $q-5 Attach a copy of the workers' compensation policy declaration page (showing the policy number and exphration 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 S 1,500.00 and/or one ear impr. nineot, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to 5250.00 a ItYtor. Be advised that a copy of this statement may be forwarded to the Offroc of Investigations o the D for oovemge verif Ation. I do hereby a War e p and penaltkt of perjury that the Inform adon provided above Is true and correct �Zgr3 Phone N; �IQ-z�ry- Z��3 Offlt rl use only. Do not write in this area, to be completed by city or town of j'iciaL City or Town: Permit/License A Issuing Authority (circle one): 1. Board of health 2. Building Department 3. City/Town Clerk 4. Electrical inspector S. Plumbing Inspector 6. Other Contact Person: Phone #: POWER -1 OP ID: EL, CERTIFICATE OF LIABILITY INSURANCE DAT TYPE OFlNSURANCE 09/19D/YYYY) 09/19/12 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 Lacher & Associates Ins Agency Lacher Insurance Group 632 E Broad St P 0 Box 64398 Souderton, PA 18964 Chad Lacher CONTACT NAME: HONE t A/ No): E -MA IL ADDRESS: INSURERS AFFORDING COVERAGE NAIC N INSURER A: Harleysville Worcester Ins Co 26182 MPA00000089793N-1 INSURED oma Remodeling Group,LLC Group, Power Home Remodeling Group, Inc. 2601 Seaport Drive Ste 8110 INSURERS: Harleysville Preferred Ins. Co 35696 INSURER C: Nationwide Mutual Ins Company _ 23787 INSURER D : MED EXP (Any oneperson) $ INSURERE: & ADV INJURY $ Chester, PA 19013 INSURER F: a.V V CtV1UC.l. GERTIFICATF NIJMRFR r tDOW 01r%M ul uanr 1XLY 1VIV1\ 19VLYl12CR: 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRNSR TYPE OFlNSURANCE ADD 1M wVn POLICY NUMBER POLICY EFF MIDOffYYY) POLICY fMMIDD/YYYYJ LIMITS B GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_1 OCCUR MPA00000089793N-1 09122112 10/01/13 EACH OCCURRENCE $ 1,000,000 Ma pR MISES (6=ncel $ 100,00 MED EXP (Any oneperson) $ 10,000 & ADV INJURY $ 1,000,000 _PERSONAL GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS -COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS BA00000089796N 09122112 10/01/13 COMBINED SINGLE LIMIT Ea accident 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peracadenl $ C X UMBRELLA LIAR EXCESSLIAB X OCCUR CLAIMS -MADE CMB00000089794N 09/22/12 10/01/13 EACH OCCURRENCE $ 10,000,00 AGGREGATE $ 10,000,00 DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITYLIMrlER A ANY PROPRIETORIPARTNER/EXECUTIVE YIN WC00000089796 09122/12 10/01113 OFFICER/MEMBER EXCLUDED? © N/A X I WC STATU- OTH- E.L. EACH ACCIDENT $ 1,000,000 (Mandatory In NH) If yyes describe under DESGtRIPTIONOFOPERATIONS below A Mass Auto Policy I BAOOOOOO18227P ' 09/22/12 10/01/13 E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ Liability 1,000,000 1,000,000 1,000,000 Limit DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) NANDOVE Town of North Andover 120 Main Street North Andover, MA 01845 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE V 19US-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010/05) The ACORD name and logo are registered marks of ACORD Office of Consumer Affairs'and Business Regulation. 10 Park Plaza - Suite 5170 Boston, Massachusetts 0211.6 Home Improvement Contractor Registration POWER HOME REMODELING GROUP LLC ALLAN COLPITTS 2501 SEAPORT DRIVE STE 13110 CHESTER, PA 19013 SCA 1 0 2OM-05111 ���C (!nNUIrt,NnrPrl��/t i`i� /(llJJgrflr.il/�' Rice of Consumer Affairs & Business Regulation ME IMPROVEMENT CONTRACTOR egistration: 168616 Type: r Expiration: 3/18/2015 Supplement Card POWER HOME REMODELING GROUP LLC. ALLAN COLPITTS 2501 SEAPORT DRIVE STE 8110 CHESTER, PA 19013 Undersecretary Registration: 168616 Type: Supplement Card Expiration: 3/18/2015 Update Address and return card. Mark reason for change. Address J Renewal '_j Employment J Lost Card License or registration valid for individul use only before the expiration date. If found return to: Office of Consumer Affairs and Business Regulation 10 Park Plaza - Suite 5170 Boston, MA 02116 Not valid w ut signature Massachusetts - Department of Public Safety Board of Building Regulations and Standards Construction Supenkor License: CS -001979, ALLAN K COLPITTS J . - "^ r� 3 CHRISTIAN DR - NASHUA NH 03663 1� Expiration C orrunis stoner 05/07/2014 about:blank NATIONAL HEADOUARTERS/ Brian and LorraineWestwater 2501 Seaport Drive, Cuestas PA 19013 r P ow 30-M59 February 21. 2013 rq 888 -REMODEL, s fy - A!A t1CP 1bC316 CUSTOM REMODELING AND IMPROVEMENT AGREEMENT Buyers information Project Number: 30.66659 February 21, 2013 Brian Westweter (970) 7tlM0870 (iiw»e) oma er, dro~ Lorraine Westwater $24,986.84 bwastwaterew.com 87 French Farm Rd (878) 6044039 (8dens CeU) EAlaeAvdrNc+i Nash Andover, MA, 01645 Other Deeaaa comoiciyan data b Am of ft essenw. oe eeydrd cor*ocl u a cared r at N,cluded a+ County: Essex catcutatmg Uma mamas. See DeWt**n %wr Cautwm on revor". Township Buyers) listed above hereby jointly and severally agrees to purchase the goods and/or services of Power Home Remodeling Grasp ("Contractor") In accordance with the prices and terms described on the front and the following four pages of this agreement and any specification sheets, which are Incorporated as part of the Agreement (collactively, this "Agreement"}. This Agreement represents a cash sale of goods and services. Buyer(s) agrees to pay the cost of the goods and services purchased as described heroin, regardless oftiming or approval of any financing Buyer(s) may seek for their purchase. Problems and Inquiries regarding this Agreement should be directed to the Contractor at 1.888.736-6335. Purchase Price: $21,986.84 1 Pre Installation Inspection Date: Gown Payment $0.09 our RM wig maid on Mon 3.'T 1 bairrean 2:15p end 3:15p Balance Due on $24,986.84 Estimated Project Start. 6 to 7 weeks Substantial Completion: Estimated Project Completion: 1 to 2 days Method of Payment:. Other Deeaaa comoiciyan data b Am of ft essenw. oe eeydrd cor*ocl u a cared r at N,cluded a+ catcutatmg Uma mamas. See DeWt**n %wr Cautwm on revor". Buyers) hereby acknowledges receipt of a copy of the pamphlet, "The Lea"afs Certified Guide to Renovate Right", Inform a) a potential risk of load hazard exposure from renovation activity to be performed In Buyers home, at the ad n above. Buyer(s) received this pamphlet on the date of this Agreement, before commencement of work. (Buyer's Initials). h is s9 a understood by and between the parties that this Agreement constitutes the entire understanding between the parties, and there are no verbal unrlerstandings changing or modifying any of the terms of this Agreement. Buyers) hereby acknowledges that Buyer(s)1) has read the entire Agreement and has received a completed, signed, and dated copy of this Agreement, Including the two accompanying Notice of Cancellation forms, on the date first written above and 2) was orally Informed of his/her right to cancel this transaction. DO NOT SIGN THIS AGREEMENT IF THERE ARE ANY BLANK SPACES. Future promotions not applicable. i have read and received each page of this 6 page agreement. Power Home Apinodeling Group} B $aria} u r$ 02/21[13 Ali 113111 S tura of Remo&e—link Consultant Signature §rtgnature John Montaivo Brian Westwater Lorraine Wastwater YOU, THE fWYER(S), MAY CANCEL THiS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE NOTICE OF CANCELLATIONFORMFOR AN EXPLANATION OF THIS RIGHT. February 21, 2013 2320 Page 1 of 6 NATIONAL HEADQUARTERS, Brian and Lorraine Westwater 2501 Seaport Drive, Chester, PA 19013QEIP 30-66659 I - "°'^`R` Ie"^qGup` February 21, 2013 EO __-EU 888 -REMODEL X;.),b boo MAHIC#168616 CUSTOM REMODELING AND IMPROVEMENT AGREEMENT All contractors and subcontractors must be registered by the Administrator of the Board of Building Regulations and Standards and any inquiries about a contractor or subcontractor relating to a registration should be directed to: Director, Home Improvement Contractor Registration, One Ashburton Place, Room 1301, Boston, Massachusetts 02108. Telephone: (617)727-8598. The contractor is responsible for applying for and obtaining any and all necessary permitting. Homeowners who secure their own permits will be excluded from the guaranty fund provisions of Massachusetts law. Contractor agrees to obtain all necessary permits for the work to be performed under this Agreement. Any deposit required under this Agreement to be paid in advance of the commencement of work shall not exceed the greater of one-third of the total contract price or the actual cost of any materials or equipment of a special order or custom made nature, which must be ordered in advance of the commencement of work, in order to assure that the project will proceed on schedule. No final payment shall be demanded until this Agreement is completed to the satisfaction of the parties. Additional Terms & Conditions I agree and understand that if I finance the work with PHRG or a third party, the terms of that financing will be contained on separate documents, and will reflect the number of monthly payments and the amount of each payment, including any finance charge. Delay/Unknown Conditions: Contractor's failure to perform any term or condition of this Agreement as a result of conditions beyond its control such as, but not limited to strikes, fires, floods, Acts of God, material shortages, Buyer's inability to qualify for or obtain financing, delays by local government authorities in issuing or otherwise approving inspections, permitting, or other required authorizations do not constitute abandonment and are not included in calculating time frames for performance by Contractor. Contractor and Buyer(s) have determined that a definite completion date is not of the essence to this Agreement. Late Cancellation/Late Payment/Default: If Buyer(s) attempts to cancel or repudiate this Agreement after midnight of the third business day after the date of this Agreement, and Contractor accepts such cancellation, all work under this Agreement will be stopped as promptly as is reasonably possible and Buyer(s) agrees to pay Contractor a cancellation fee equal to 15% of this Agreement's purchase price, or as otherwise allowed by law, to offset Contractor's incurred labor, administrative, and material costs. Buyer(s) agrees to pay a late fee of 1 1/2% per month on all amounts due and owing from Buyer(s) to Contractor accruing from the date due and running to the date the payment is made. If Buyer(s) is in default of this Agreement, Buyer(s) agrees to pay Contractor's attorney's fees equal to 15% of the defaulted amount or as otherwise allowed by applicable law, except in Pennsylvania, where legal fees and related costs or expenses must be awarded by a court. Contractor's Right to Cancel: In the event that Contractor determines that this Agreement cannot be performed as intended by the parties due, for example, to incorrect pricing, unforeseen structural defects, or pre-existing conditions to Buyer's property, Contractor may cancel this Agreement within forty-five (45) days of its execution, notify Buyer(s) of such cancellation in writing and return all monies paid by Buyer(s). No Set -Offs or Retentions: Upon substantial completion of Contractor's work under this Agreement, Buyer(s) shall pay all amounts due under this Agreement without any right of set-off or retention. Substantial completion is defined as the stage in the progress of the work where the work is sufficiently complete in accordance with this Agreement so that Buyer(s) can occupy or utilize the work for its intended use. If after paying all amounts due under this Agreement, Buyer(s) alleges that Contractor's work is defective in any respect, Contractor, without waiving any of its rights, shall cause an inspection of the work and perform any remedial work to the extent the Buyer(s) is entitled to under this Agreement or Contractor's warranty at no cost to Buyer(s). February 21, 2013 23:25 Page 2 of 6 NATIONAL HEADQUARTERSBrian and Lorraine Westwater 2501 Seaport Drive, Chester, PA 19013 POWER 30-66659 �'�^ �. "°^�"H^°°"'�Gmup- February 21, 2013 888 -REMODEL ��•� �; ` ,,... F. �MA HIC# 168616 CUSTOM REMODELING AND IMPROVEMENT AGREEMENT Additional Terms & Conditions (continued) Buyer's Representations: Buyer(s) represents and warrants that (a) Buyer(s) owns the premises where the products and/or services are being provided by Contractor; (b) to the extent not otherwise prohibited by law or otherwise indicated in this Agreement, Buyer(s) will pay all taxes and permitting fees required for Contractor to perform this Agreement; (c) Buyer(s) will provide Contractor with reasonable access to the premises, including access to electrical outlets as may be required by Contractor; and (d) Buyer(s) shall be responsible for the preparation, moving, and reinstalling of all wiring, water lines, power lines, plumbing, and the moving of any shrubs, plants, or other items as required by Contractor under this Agreement. Contractor's Responsibility: Contractor shall obtain any necessary permits and provide the Buyer(s) with a certificate of occupancy, if required. Contractor accepts no responsibility for any damage resulting from structural or other defects in the property at which work is performed under this Agreement. Contractor is not responsible for remedying structural defects in Buyer's property. Buyer(s) acknowledges that Contractor's products do not correct or cure structural problems. Contractor shall not be responsible for (a) any damages arising in whole or in part from strikes, fires, accidents, floods, governmental actions, or any other causes beyond control of Contractor; (b) any damages including without limitation, lost profits, or reduction in value of the premises, arising from Contractor's delay in performing under this Agreement or due to its breach of this Agreement; (c) unintentional damage to window treatments, landscaping, driveways, sidewalks, gas lines, condensation pipes, electrical wiring, plumbing, and telephone installations, it being understood that Buyer(s) is responsible at its own cost for all preparations, protection and/or moving of such items prior to Contractor's commencement of the work; (d) collateral or incidental damage to interior walls (including wall tiles) and personal property, including damage occurring as a result of Contractor installing siding on Buyer's home, it also being understood that Buyer(s) is responsible at its own cost for all preparations, protection and/or moving of such items prior to Contractor's commencement of the work; and (e) removing and/or refitting/reconnecting Buyer's home security system or the costs associated with removing and/or refitting/reconnecting Buyer's home security system, it being understood that Contractor will attempt to work around any home security system on the premises. If Contractor's work requires consent and/or approval from any Homeowner's Association or any other legal entity or voluntary association that enforces covenants, conditions, and restrictions on property (including designated historic sites), Buyer(s) is responsible to submit any required forms and obtain approval for the work to be done and to keep Contractor informed as to the approval status. Mold and Related Matters: Buyer(s) agrees to indemnify and hold Contractor and its employees, agents, and subcontractors harmless from any claims as to the identification, detection, abatement, encapsulation, or removal of mold, asbestos, lead-based products, or other hazardous substances inside or outside of the property at which work is performed. Contractor does not provide mold testing or remediation services. Contractor is not responsible for condensation, which may form on or within a window or between windows resulting from preexisting conditions in Owner's property and internal or external temperatures. Reducing the humidity in a home will often remedy any condensation problems. Warranties: Buyer(s) understands that Contractor will make available to Buyer(s) all product and labor warranties offered in connection with this Agreement. Buyer(s) understands that Buyer(s) should read all warranties for complete details of coverage. Complete copies of applicable product warranties are available for review by Buyer(s) at any time by visiting http://totalcareinstalls.com/. Buyer acknowledges that the labor warranty was presented at the time this Agreement was signed and a copy of the warranty was given to Buyer. Buyer(s) understands that no warranty will be effective while a balance due remains on this Agreement. February 21, 2013"'= III�III�IIIIIIIIIIIIIIII�V Page 3°f° NATIONAL HEADQUARTERSBrian and Lorraine Westwater 2501 Seaport Drive, Chester, PA 19013 PACO X/ER 30-66659 February 21, 2013 -- "'1 ► • • • - -- - ---°° MA HIC# 168616 CUSTOM REMODELING AND IMPROVEMENT AGREEMENT Additional Terms & Conditions (continued) Lien Rights: In the event that Buyer(s) does not pay Contractor any of the money owed when it is due, Contractor may have a claim against Buyer(s) that maybe enforced against Buyer's property in accordance with applicable lien laws. Buyer(s) also understands that if Buyer(s) finances the work with Contractor or a third party, Buyer's separately provided other documents may include a security interest. Buyer(s) understands that Buyer(s) should read those documents closely. Miscellaneous: No waiver of any breach of this Agreement shall be construed as a waiver of any prior, concurrent, or subsequent breach hereof. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. In construing this Agreement, the gender and number of words used may be changed to meet the context. No alteration to or deviation from this Agreement, including those that change the cost, materials, work to be performed, or estimated completion date, will be valid without the signed, written consent of both Buyer(s) and Contractor. This Agreement is to be governed by the laws of the state in which it is performed, except as may be preempted by federal law. Any part of this Agreement contrary to the law of this state shall not invalidate other parts of this Agreement. If a provision of this Agreement is held to be invalid or unenforceable, this Agreement shall continue in full force and effect and shall be construed as if the invalid or unenforceable provision was omitted. Arbitration of Disputes: Contractor and Buyer(s) agree that any and all disputes, claims, statutory claims, or controversies (hereafter referred to as a "Claim") arising under or relating to this Agreement and any related documents, loans, security instruments, accounts, or notes, including by way of example and not as a limitation: (i) the relationships resulting from this Agreement and the transactions arising as a result thereof; (ii) the terms of this Agreement; or (iii) the validity of this Agreement or the validity or enforceability of this arbitration provision shall be subject to binding arbitration to be determined by one arbitrator, in accordance with and pursuant to the then prevailing Commercial Arbitration Rules of the American Arbitration Association ("AAA"), to be held and arbitrated in the judicial district in which Buyer(s) resides. The findings of the arbitrator shall be final and binding on all parties to this Agreement. Each party shall be responsible for its own fees and costs, unless otherwise determined by the arbitrator. This agreement to arbitrate, and any award, finding, or verdict of or from the arbitration, will be specifically enforceable under the prevailing law of any court having jurisdiction. The party asserting a Claim shall file a notice of the demand for arbitration with the other party to this Agreement and with AAA. The demand for arbitration shall be made within a reasonable time after the Claim in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitations. Any arbitration proceeding brought under this Agreement, and any award, finding, or verdict of or from such proceeding shall remain confidential between the parties and shall not be made public. Both Contractor and Buyer(s) are agreeing to choose arbitration, rather than litigation or some other means of dispute resolution, to address any grievances or alleged grievances. The parties believe this will allow for a faster and more cost effective method of addressing a Claim. By entering into this Agreement and this arbitration provision, both parties are giving up their constitutional right to have any dispute decided in a court of law before a jury, and instead are accepting the use of arbitration, other than as set forth immediately below. Notwithstanding anything contrary herein, Contractor retains the option to use judicial or non -judicial relief to enforce the monetary obligation represented by this Agreement. Such judicial relief would take the form of a lawsuit. The institution and maintenance of such action for judicial relief in a court to foreclose upon any collateral or to enforce or collect upon a monetary debt or judgment shall not constitute a waiver of the right of any party to compel arbitration of any Claim subject to arbitration in this Agreement, including filing of a counterclaim by Buyer(s) in a suit brought by Contractor pursuant to this arbitration provision. Buyer(s) agrees that Buyer(s) will assert a Claim only on behalf of Buyer's own self and that Buyer(s) will not assert a Claim on behalf of, or as a member of, a class or group in either an arbitration proceeding, a private attorney general action or in any other forum or action. Notwithstanding any other language in this Agreement, only a court, not an arbitrator, will decide Claims about the validity, enforceability, coverage or scope of this specific paragraph or any part of this paragraph. However, any Claim that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. If a court determines that this specific paragraph is not fully enforceable, the court's determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against Contractor by a state or federal government agency even when such agency is seeking relief on behalf of a class of buyers. This means that Contractor will not have the right to compel arbitration of any claim brought by such an agency. `°°°°„"_°°"" IIIIIIIIIIIIull�llllllllllllllllllPage 4 of NATIONAL HEADQUARTERS Brian and Lorraine Westwater 2501 Seaport Drive, Chester, PA 19013 POWER 30-66659 February 21, 2013 .�_ - - - MA HIC# 168616 CUSTOM REMODELING AND IMPROVEMENT AGREEMENT Notice of NOTICE OF CANCELLATION Date of Transaction: February 21, 2013 You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the Contract or Sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the Seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the Seller at your residence, in substantially as good condition as when received, any goods delivered to you under this Contract or Sale; or you may, if you wish, comply with the instructions of the Seller regarding the return shipment of the goods at the Sellers expense and risk. If you do make the goods available to the Seller and the Seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Seller, or if you agree to return the goods to the Seller and fail to do so, then you remain liable for performance of all obligations under the Contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, Power Home Remodeling Group, 2501 Seaport Drive, Chester PA 19013,NOT LATER THAN MIDNIGHT OF February 26, 2013. 1 HEREBY CANCEL THIS TRANSACTION 30-66659 Westwater, Brian Date February 21, 2013 23:25 NOTICE OF CANCELLATION Date of Transaction: February 21, 2013 You may cancel this transaction, without any penalty or obligation, within three business days from the above date. If you cancel, any property traded in, any payments made by you under the Contract or Sale, and any negotiable instrument executed by you will be returned within 10 days following receipt by the Seller of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to the Seller at your residence, in substantially as good condition as when received, any goods delivered to you under this Contract or Sale; or you may, if you wish, comply with the instructions of the Seller regarding the return shipment of the goods at the Sellers expense and risk. If you do make the goods available to the Seller and the Seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Seller, or if you agree to return the goods to the Seller and fail to do so, then you remain liable for performance of all obligations under the Contract. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, Power Home Remodeling Group, 2501 Seaport Drive, Chester PA 19013,NOT LATER THAN MIDNIGHT OF February 26, 2013. 1 HEREBY CANCEL THIS TRANSACTION 30-66659 Westwater, Brian Date Page 5of6 NATIONAL HEADQUARTERS 2501 Seaport Drive, Chester, PA 19013 POWER .. Ho Remodel" -up- 888-REMODEL�:•�, t= Project Specifications Windows: Fire Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None Windows: Fire Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood I Additional Details None Windows: Painting Room 1 30.0'x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood I Additional Details None Windows: Painting Room 1 30.0'x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood I Additional Details None Windows: Painting Room 1 30.0'x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White: Grid Pattern : Both Sashes: Colonial : Contour I Removal Wood I Additional Details None Windows: Dinning Room 1 30.0'x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None February 21, 2013 23:25 Brian and Lorraine Westwater 30-66659 February 21, 2013 MA HIC# 168616 Page 2 of 6 NATIONAL HEADQUARTERS 2501 Seaport Drive, Chester, PA 19013 "OWE i i � •. ••••. Martro RemoQelMg Grou(!- 888 -REMODEL rY -� _ _ - = 'J �..� �'� vee � • • e e e Project Specifications Windows: Dinning Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour Removal Wood Additional Details None Windows: Master Bed Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour Removal Wood Additional Details None Windows: Master Bed Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Contigs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour Removal Wood Additional Details None Windows: Master Bed Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour Removal Wood Additional Details None Windows: Master Bed Room Bath Room 1 29.0"x36.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None Windows: Bathroom Upstairs 1 29.0"x36.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None February 21, 2013 23:25 Brian and Lorraine Westwater 30-66659 February 21, 2013 MA HIC# 168616 Page 3 of 6 NATIONAL HEADQUARTERS 2501 Seaport Drive, Chester, PA 19013 POWER Nome R.—de q G—p 888-REMODEL9 of boo ,,���1,; Project Specifications Windows: Conner's Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None Windows: Conner's Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None Windows: Spare Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None Windows: Spare Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None Windows: Keegan's Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None Windows: Keegan's Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None February 21, 2013 23:25 Brian and Lorraine Westwater 30-66659 February 21, 2013 MA HIC# 168616 Page 4of6 NATIONAL HEADQUARTERS 2501 Seaport Drive, Chester, PA 19013 POWER ( .��.._.......,.T..._.,�.. _ e k w MOmlRMlodNhlg Grotq^ 888 -REMODELS y, Project Specifications Windows: Keegan's Room 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour I Removal Wood Additional Details None Windows: Office 1 18.5"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour Removal Wood Additional Details None Windows: Office 1 18.5"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour Removal Wood Additional Details None Windows: Office 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour Removal Wood Additional Details None Windows: Office 1 30.0"x58.0" WINDOWS: Models SL 2700 Styles Double Hung Types None Configs None OPTIONS: Color White / White : Grid Pattern : Both Sashes : Colonial : Contour Removal Wood Additional Details None Windows: Office 1 39.0"x58.0" WINDOWS: Models SL 2700 Styles Picture Types None Configs None OPTIONS: Color White / White: Grid Pattern : Colonial : Contour I Removal Wood I Additional Details None February 21, 2013 23:25 Brian and Lorraine Westwater 30-66659 February 21, 2013 MA HIC# 168616 I I Page 5 of 6