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HomeMy WebLinkAboutBuilding Permit #527-13 - 99 ADAMS AVENUE 5/1/2018 NORTh BUILDING PERMIT oFtt�Eo TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: � ;2? 3 Date Received r $X/J-3 �0 + CO �9SSgCHUSE�� Date Issued: IMPORTANT:Applicant must complete all items on this page a LOCATION dom"r 4✓ Ptigtt . PROPERTY`OWNER� C7•��1 _ /� �pr7�K- P. int' I00'.Year Structure) yes'• no. MAP'210, 5-- PARCEL: ZONIN&D.ISTRICT: Historic,Disfrict yes no ' Machine Shop Villageyes no TYPE OF IMPROVEMENT PROPOSED USE Residhntial Non- Residential ❑ New Building ne family ❑Addition ❑Two or more family ❑ Industrial ❑Alt ation No. of units: ❑ Commercial ❑ epair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other ❑Septic 0 Well ❑ Floodplain E Wetlands- ❑ Watershed`District ❑Water/Sewer DESCRIPTION OF WqRN TO BE PREFORMED: 1 Identification Please Type or Print Clearly) OWNER: Name: 671-er4 Harz Phone:f 29'6P,?—o 73 Address: Ild' YKI V4-- 4'-0 n !loot C.alP�ff's- . iCQNTRACTOR Name: Poo Phone: (v/o' ��y-$oad�2Y3 f Address: aS / Sgjwolf O✓we cAe-ri'/,P, 10,43 'SupervisorZs-Construction License-, i 979 Exp. Date: Home Improvement License- _ �6/� 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: $ 53 ja FEE: $ 6 v?.D J Check No.: 010511 Receipt No.: 2C l4& NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund ;Signature of-Agent/Owner PSign at of contract Location 2 'J f 4 3 Date 1 S No. , TOWN OF NORTH ANDOVER Certificate of Occupancy $ Building/Frame Permit Fee $�' Foundation Permit Fee $ Other Permit Fee $ TOTAL $ ' C Check#c (/ T 26106 Building Inspector Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body Art ❑ 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 f DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS CONSERVATION Reviewed on Signature i M COMMENTS HEALTH Reviewed on Signature I COMMENTS i Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments ' I Water& Sewer Connection/Signature& Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT _ Temp Qumpster on site yes_ no Located at'l24)Main`5trbet Fire Ddparfmentzignature/date COMMENTS. i '4 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 I I I I I EI Notified for pickup - Date f E Doc.Building Permit Revised 2010 �f Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. I Roofing, Siding, Interior Rehabilitation Permits ❑ 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 NOTE: 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 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 D 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 E TOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit i 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 t10RTfy Town oAndover 'i y" V . 4 ry No. 13 - h ver, Mass, � cocHIc„ew.c.c 1. V PERMIT T BOARD OF HEALTH Food/Kitchen �� Septic System ...... THIS CERTIFIES THAT �. .�9C G .... .5. .1: :/a:.( .................................... BUILDING INSPECTOR has permission to erect.......................... buildings on 9��. c�G ...... ....,....,. . . . Foundation to be occupied as ........`....1l,�?.l _ Rough .lc.�rf..r.�f''r.?C.�•,/.�..lid..l.:^:.�R�........................................................ Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection, Alteration and Final 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 IN 6 MONTHS ELECTRICAL INSPECTOR UNLESS CONSTRUCTION... .........TS Rough Service ...................... ....................... Final BUILDING INSPECTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building 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 reet No. SEE REVERSE SIDE Smoke Det. The Commonwealth of Massachusetts PDepartment of;industrial Accidents f Offue of Investigations 600 Washington Street Boston,MA 02.1.11 www.mass govMdia Yorkers'Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Allplicut Information Please:Print Wilily - � `1 Name(B ): PO4tlt=1Z Gi11C-trCQC-0l QjZk 5t Address:_ 2svl S -7/ Bila) 013 q City/State/Zip: Phone#:_ hJt .-l'('O Are rdan employer?Check the appropriate box: Type of project(required): 1.91 am a employer with IS - 4. D I am a general contractor and 1 6. ❑New construction employees(full and/or part-tiara).• have hired the sub-contractors 2.❑ 1 am a sok proprietor or partner- listed on the attached sheet.i 7. ❑ Remodeling ship and have no employees These sub-contractors have g. ❑ Demolition working for ate in any capacity. workers'comp.insurance. 9. ❑Building addition [No workers'comp.insurance 5. ❑ We are a corporation and its required] officers have exercised'their 10.® Electrical repairs or additions 3,❑ I am a homeowner doing ail work right of exemption per MGL 11.0 Plumbing repairs or additions myself[No woricers'camp. c. 152,11(4),and we have no 12.0,Roof repairs insurance require(.]t employees.(No workers' comp.insurance required.) 13. er_ / 14 �Aay rpptiew that cheda twx r l tttux ON till out the actioo below showing their wotY *axoptasatiott pocky tatltrtttsatoo. t tiotwoKn en who nhnit this atrtdavit Wicat ng they see doh all work slid thea hue outside coot attadt sutolt a arw&idavht hWkadq t tCoatactocs thu check this bot am staac#ted in additional sheet&-hotrhng the tome of the aih�ctoa and their wortcrs'comp.policy iafottes4dm lam an employer that is providing woman'compensation lttsumnee for arty employees. Below Is the poetry and job site ttrforrrttadon. lmumnce Company Name- Policy#or self_i _C..a_it VV Q Q -i ? Expirmion Dare �O T Job site nddres R q A-d am s / city/statterzip A-0d liver- filo 0)FL16 Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). t:ailnre to secure coverage as required Lander Section 25A of MGL c.152 can lead to the imposition of criminal penalties of a fine up to S1,500.00 and/or one. unpriaoarneat,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to 5250.00 a y olator, Be advised that a copy of this statement arty be forwarded to the Office of Investigations the D for coverage verification. I do hereby c un er e p and penddra of edury Utak the informs don provided above is true and correct. ! Its 13 -zS . Z Ojflcild use only. Do not write in thi,area,to be completed by city or town ofciat 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.tither Contact Person: Phone.#: i POWER-1 OP ID: EL CERTIFICATE OF LIABILITY INSURANCE DAT09119DIYYYY) 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 pollcy(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 endorsemen s. PRODUCER CONTACT Lacher&Associates Ins Agency PHONE F Lacher Insurance Group ): I(NC,No: j 632 E Broad St P 0 Box 64398 ADDRESS; Souderton,PA 18964 Chad Lacher INSUR S AFFORDING COVERAGE NAIC# INSURER A:Harleysville Worcester Ins Co 26182 INSURED Power Home Remodeling INSURER B:Harle sville Preferred Ins.Co 35696 Group,LLC Power Nome Remodeling Group, INSURER C:Nationwide Mutual Ins Company 23787 Inc. INSURER D: 2601 Seaport Drive Ste 8110 INSURER E: Chester,PA 19013 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 MAYBE 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. INSR TYPE OF INSURANCE EFF POLICYEXP LTR POIJCYNUMBER NMID DNYYY1 LMns GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 B X COMMERCIAL GENERAL LIABILITY MPA00000089793N-1 09/22/12 10101/13 PRIVIAGE TO RENTED EMI oocu ante $ 100,00 CLAIMS-MADE FX OCCUR MED EXP(Arty one person $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'LAGGREGATE LIMIT APPLIES PER' PRODUCTS-COMP)OPAGG $ 2,000,000 POLICYFX PRO-JECT LOC $ AUTOMOBILE LIABILITY C aMS'NEDtSINGLE LIMIT 1,000,000 A X ANYAUro BA0000OD89796N 09122112 10/01/13 BODILY INJURY(Per person) $ ALLOWNED SCHEDULED BODILY INJURY(For accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS a acddent $ UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 10,000,00 C X EXCESS LIAB CLAIMS-MADE CMB00000089794N 09122/12 10101113 AGGREGATE $ 10,000,000 DED RETENTION S , WORKERS COMPENSATIONX WC STATU OTH- AND EMPLOYERS'LIABILITY A ANY PROPRIETORIPARTNEiIE(ECUTIVE YIN WC00000089796 09122/12 10101/13 E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? a NIA (Mandatory In NH) E.L.DISEASE-EAEWLOYEE $ 1,000,000 flyes describe under DMRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Mass Auto Policy BA0000001822712 09122112 10101113 Liability 1,000,00 Limit DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION NANDOVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Town of North Andover 1600 Osgood St AUTHORIZED REPRESENTATIVE North Andover,MA 01845 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010106) The ACORD name and logo are registered marks of ACORD A. Office of Consumer Aff and Business Regulation 10 Park Plaza- Suite 5170 Boston, Massachusetts 02116 Home Improver-fi-rakontractor Registration --� Registration: 168616 Type: Supplement Card POWER HOME REMODELING r`== dim Expiration: 3/18/2013 ALLAN COLPITTS ' 2501 SEAPORT DRIVE STE 1511 65y�, ; � � ` ' CHESTER, PA 19013 8= '�,` - `�1� •--�--.�' ter Qt>� Update Address and return card.Mark reason for change. DPS-CAI 0 5one-04ro4--,OI216 Address [] Renewal E] Employment E] Lost Card ✓/ee T�am.,s�nuea�o�./Kaeao�/uteeas Office of Consumer Affairs&Business Regulation License or registration valid for individuI use only j OME IMPRON�FMENT CONTRACTOR before the expiration date. If found return to: Office of Consumer Affairs and Business Regulation Reglstrationi`I6gg Type: 10 Park Plaza-Suite 5170 ExPi -lir Supplement Card Boston,MA 02116 POWER HOME!n UP INC, ALLAN COLPITTs i,'�•-,�r�r 2501 SEAPORTOI�} \•'his'•t`i CHESTER,PA 19013 - Undersecretary Not valid with signature Massachusetts -peiaartment of Public Safety Board of Building Regulations and Standards Con%trnctiun Stli)Mi%or License. CS-001979 ALLAN K COLPIjVS ; 3 CHRISTIAN Dl NASHUA NH 03063 --'�-+ Expiration Commiss{oner 05/07/2014 NATIONAL HEADQUARTERS Greg Kas rzak 9 P 2501 Seaport Drive,Chester,PA.19013 OWER. 30-61694 88$-REMODEL 'Hom Re—de"GroW- December 18,2012 MA HIC#168616 f 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. I 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). December 21, 2012 14:32 ', IIIIIIIIIIIIIIIIIIIIII IIIIIIIIII IIIIIIIIIIIIIIIIII Page 2 of 5 about:blank NATtONAt HCADOUARTERS Cara9lf SpfXBk 1501 swpon Drvve Owner,PA t 9013 J t1 - �C'►1j�lER DecenlberIS.2012 CU&'IOM REMODELING ADVO IMPROVEMENT AGREEMENT MA IilClr 16W5 Bcryets rnfoml8uon project Number 30=61694 oaEan,t>e1r is, ot2 Greg Kesprzok owcra�»„n. 99 Adams A" tarot cez oras(Hwix3) 3�vsrq�on.net gotrsi Worth Andover,MA,01845- �MglAdnr.b i CounW.'Essex Township: Buyers)listed above hereby jointly and severally agrees to purchase the goods andfor services of.Pow>er Home Remodef ing'group("Contractor)in accordance with the prices and terms described on the front and the following four pages of thls agreement and any specification sheets,which are Incorporated as part of the Agmement(coliectivelyl this Ag " reement").This Agreement represents a cash sale of goods and services.Buyer($).agrees to pay the coat of the goods and servfeas purchased as described herein,regardless of timing or approval of eny.financing.Buyer(s)may seek for'hair Purchase.Problems and inquiries regarding this Agreement should be directed to the Contractor at 11488.736-6336. Purchase Pte: 55 309.78 1 Pre Installation Inspection Date: Down`p"nt: Sc.QO Our PM wi etre on Man vmAia tw*m 10%g ww11 1:00a valence Due on S5,3098 Estimated project Start-6 to 7 weeks Substantial Compietian: Esfimated Project Completion:I to 2 days Medlod Of Payment: Other 0 M t0~dais is"er0w apse".Sys petunia CwrWV0G r'a Wim M k+wow in dkuc�kp*m`ftIft.sedD*WUN oA"rgWiums on mvw". Buyers)hereby acknowledges receipt of a copy of the parnphIA"The Load-Safe Certified Guide to Ran ovate Right", Informing Buyer(a)of the potantlat risk of lead hazard exposure from ranovahon activity to be performed in Btlyees home.the a wrl�en above,8uyerjsj received this pamphret on the date of this Agreement,before commencement of work. `G (ETuyaes Initials), It Is agreed and understood by and between.the parttes:ttat this Agreamentcormotutes the entire understanding between the parties,and there are no verbal understandings changing or modifying Any of the terms of this Agreement euyer(s) hereby acknowledges that Buyer(s).1)has read the entire Agreement and has received a camptoted,signed,and dated copy ofthis Agreement,Including the two accompanying Notice Of Cancellation forms,on the date first written above end 2)was orally informed of hislhar right to cancel this transaction.DK)NOT SIGN THIS AGREEMENT if THERE ARE ANY BLANK SPACES. Future prorrSotion6 not applicable: f I have read and received each page of this 8 page agreement Power Home Remodeling Croup B,uu rr(sj !12!18/12 �j17JI8J12 Signature of Sales Representative Slgnature Jordan Ungvarsky Greg Ko4pmak Yotl,THE BUYER(S),MAY CANCELL,THIS TRANSACTION ATAN'f TIME PRIOR To M19NIOtfT OF THE:T"IRD SUSINESS'DAY AFTER THE GATE CSF THIS TRANSAC110N. SEE THE N0TICE OF CANCHt.t.ATM FORM FOR AN Iz)(PIANATiON OFTHIS RIGHT. December 18,201216:38 I�I� � ��IIuIU � Page 1 af5 1 of 1 12/31/2012 8:59 AM NATIONAL HEADQUARTERS GregKasprzak 2501 Seaport Drive,Chester,PA 19013 OWER 30-61694 H—R" dit-mgG'W" December 18,2012 888-REMODEL s CUSTOM REMODELING AND IMPROVEMENT AGREEMENT MA HIC#168616 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. �I I December 21,2012 14:32 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page 3 of 5 NATIONAL HEADQUARTERS Greg KasprZak 2501 Seaport Drive,Chester,PA 19013 _')F *00 E ' 30-61694 - ---------- 888-REMODEL • 11 I December 18,2012 moll— — 1111,1111111 Jill I I, .. .. � CUSTOM REMODELING AND IMPROVEMENT AGREEMENT MA HIC#168616 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 j 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. December 21, 2012 14:32 I! IIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIII Page 4 of 5 NATIONAL HEADQUARTERS Greg Kasprzak 2501 Seaport Drive,Chester,PA 19013 POWER 30-61694 December 18,2012 888-REMODEL • f MA HIC#168616 Project Specifications Windows: living room 1 82.25"x55.25" t Windows:living room 1 82.25"x55.25" WINDOWS: Models SL 2700 Styles Bay Types None Configs Double Hung Ends T4PVVW OPTIONS: Color White/White: Grid Pattern: End Lites: Top Sash Only: Colonial: Standard I Removal Wood Additional Details None i I I i i i December 21,2012 14:32 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page 2 of 2 J♦� ^`� i• AL :�t•l�.`.�S/Y',�w.�Y.'L•IP �•.F.fi �l.�e Lia.'�l�.Y MERALF-ulas��l • t- ,�� � 1t �ll' J++►t ltplli.iirr�iV4lri+.,� e►cl A, yi.i ._d1�r�•s IJ 3i's`thw or. t: y ^1t tilt de►� i �+ B,r r t'� `.�A a� - � ♦,'• i 4..•/ y .)vt w� lt'��.Cr}��t,; �•�• ...�f1 fir�,1s�=1.�� �'t.1 �r1'�i"'�'� ♦.l.I 1t��i�w..+^.'.r .l�l;ri' tir..�I6l�.�S�tlr; its3+�. 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