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HomeMy WebLinkAboutapplicationAll APPLICABLE INFO MUST BE COMPLETED FOR APPLICATION TO BE ACCEPTED Date: 2/17/2022 Permit Number: 9% WOE Building Permit Application Planning and Development Services Building and Code Regulation Division Commercial Residential X 23W Virginia Avenue, Fort Pierce FL 34982 Phone: (772) 462-1553 Fax: (772) 462-1579 PERMIT APPLICATION FOR, PLUMBING PROPOSED IMPROVEMENT LOCATION: Address: 8022 CARNOUSTIE PL PORT ST LUCIE, FL 34986 T Property Tax 10 #: 3327-502-0174-000-4 Lot No. Site Plan Name: 8022 CARNOUSTIE PL Block No. Project Name: PAUL BARNSLEY DETAILED DESCRIPTION OF WORK: EXACT CHANGE OUT OF 50 GAL ELECTRIC WATER HEATER T ryi IN CLOSET New Electrical Meter Second Electrical Meter CONSTRUCTION INFORMATION: Additional work to be performed under this permit— check all that apply: _Mechanical _ Gas Tank _ Gas Piping _ Shutters _Electric —Plumbing _Sprinklers Total Sq. Ft of Construction: _ Cost of Construction: $ 1700 _ Generator _ Windows/Doors _ Pond Sq. Ft. of First Floor: Roof Pitch Utilities: —Sewer _Septic Building Height: OWNER/LESSEE: CONTRACTOR: Name PAUL BARNSLEYName: Dennis 2acek Address: 716 RACEBROOK RD Company: ARS / Rescue Rooter City:ORANGE State:CT Address: 2800 U S HWY 1 Zip Code: 06477 Fax: City: Vero Beach State:FL Phone No. (203) 812-9385 Zip Code: 32960 Fax: E-Mail: Phone No 772-794-7205 Fill in fee simple Title Holder on next page (if different E-Mail mgiilis®am.com from the Owner fisted above) State or County License_ CFC1428283 iT vame oT conumcoun a zmm or more, a KEWnDEp nonce or Gommenmmem is requires. If value of HAVC is $7,500 or more, a RECORDED Notice of Commencement is required. SUPPLEMENTAL CONSTRUCTION LIEN LAW INFORMATION: DESIGNERANGINEER: x Not Applicable MORTGAGE COMPANY: X Not Applicable Name: Name: Address: Address: City: State: City: State: Zip: Phone Zip: Phone: FEE SIMPLE TITLE HOLDER: X Not Applicable BONDING COMPANY: X Not Applicable Name: Name: Address: Address: City: City: Zip: Phone: Zip: Phone: OWNER/ CONTRACTOR AFFIDVIT: Application is hereby made to obtain a permit to do the work and installation as indicated I certify that no work or installation has commenced prior to the issuance of a permit. St. Lucie County makes no representation that is granting a permit will authorize the permit holder to build the subject structure which conflicts with any applicable Homeowners Association rules, bylaws or and covenants that may restrict a prohibit such structure. Please consu t with your Homeowners Association and review your deed for any restrictions which may apply. Inconsideration of the granting of this requested permit, I do hereby agree that I will, in all respects, perform the work in accordance with the approved plans, the Fiorida Building Codes and St. Lucie County Amendments. The following building permit applications are exempt from undergoing a full concurrency review: room additions, accessory structures, swimming pools, fences, walls, signs, screen rooms and accessory uses to another non-residential use WARNING TO OWNER: Your failure to Record a Notice of Commencement may result In paying twice for improvements to your property. A Notice of Commencement must be recorded in the public records of St. Lucie County and posted on the jobsite before the first inspection. If you intend to obtain financing, consult with lender or an attorney before commencing work or recording our Notice of Commencement. Signature of Owner/ a/Contractor as Agent for Owner STATE OF FLORIDA COUNTY OF . St Lucoe rg r dar r gd6apU� Vbed before me of X Physical Presence or Online Notarization this l_yof . 2C 22 by Name of person making statement. Personally Known X OR Produced Identification Type of IdeptifiWtipn Produced re of Notary Public- State of Commission No. H 045659.(seat) REVIEWS I RECEIVED I DATE FRONT ZONING COUNTER I REVIEW WIk�NCiA tiJlL18 z•; :+ ��o�6S10N/flHi1i6fl60 �' "' eondlOtMr 111111*1111!l��nl4rs SUPERVISOR PLANS VEGETATION SEA TURTLE REVIEW REVIEW REVIEW REVIEW MANGROVE REVIEW Michelle Franklin, CFA -- Saint Lucie County Property Appraiser -- All rights reserved. Property Identification Site Address: 8022 Camousue PL 3922 Sec/Town/Range: 27 36S.39E Parcel ID: 3327-502-0174-000-4 Jurisdiction: Saint Lucie County Ownership Paul Barnsley Jennifer Barnsley 716 Racebrook Rd Orange, CT 06477 Legal Description CASTLE PINES CONDOMINIUM (OR 1810-471) PHASE III UNIT 3922 (OR 3663-1914) Use Type: 0400 Account #: 152094 Map ID: 33.27N Zoning• Total Areas Finished/Under Air (Si:): Gross Sketched Area (SF): Land Size (acres): Land Size (SF): Building Design Wind Current Values Speed Just/Market Value: $133,800 Assessed Value: $132,510 Occupancy Category I Exemptions: $0 Speed Taxable Value: $132,510 SOurcesilinks Property taxes are subject to change upon change of ownership. • Past taxes are not a reliable projection of future taxes. • The sale of a property will prompt the removal of all exemptions, assessment caps, and special classifications. Taxes for this parcel: SLC Tax C011ector's Office 19 Download TRIM for this parcel: Download PDF 12 II III & IV 140 150 160 All information is believed to be correct at this time, but is subject to change and is provided without any warranty. -V Copyright 2022 Saint Lucie County Property Appraiser. All rights reserved. Lowe's Home Centers, LLC Lowe's Store 2349 701 NW ST LUCIE BLVD PORT ST LUCIE, FL 34986 877-477-1115 roneill@ars.com INSTALLATION AND REPAIR CONTRACT Work Order # Total Contract Amount PLEASE- READ THIS Visit https://www.lowes.com/licensenumbers for license information Deposit Due Upon Completion 32205782 $ 1,700.00 $ 0.00 is 1,700.00 Customer Name & Project Address Customer Address (if different) Primary Phone PAUL BARNSLEY PAUL BARNSLEY Alternate Phone (203) 812-9385 8022 CARNOUSTIE PL 8022 CARNOUSTIE PLACE Email PJBARNSLEY@YAHOO.COM PORT SAINT LUCIE, FL 34986 Port Saint Lucie, FL 34986 This installation and repair contract (the "Contract") between the customer identified above ("You") and Lowe's provides for the Goods and Services specified in Estimate # 32205782-1 to be performed at the Project Address above and includes (a) any applicable State Addendum, (b) the Notices, (c) the Terms and Conditions, and (d) Change Orders, if applicable. If there is any inconsistency between the State Addendum and the Notices or Terms and Conditions, the State Addendum shall take precedence. This Contract defines what You can expect in Your installation/repair experience with Lowe's, what Lowe's expects in return, and how You and Lowe's will resolve any differences. It is a legal agreement. By signing this Contract, clicking "I agree," or by accepting Goods or Services You are agreeing to be bound by this Contract. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS CONTRACT, YOU MUST NOT SIGN THIS CONTRACT, CLICK "I AGREE", OR ACCEPT THE GOODS OR SERVICES. PAYMENT OPTIONS (Subject to fund verification and/or credit approval). You may pay the Total Contract Amount by authorizing an electronic checking account withdrawal or utilizing an accepted credit card or financing. Upon electronic execution of the Contract, You authorize the processing of the Deposit payment, if applicable, from the designated checking, credit card or finance account. Upon completion of the Services, You agree to pay the Due Upon Completion payment. You are subject to the terms and conditions of the cardholder or financing agreement, as applicable, to which Lowe's is not a party. Any interest payments or other finance charges will be determined by such cardholder or financing agreement and will be in addition to Your payments under this Contract. FLORIDA'S LIEN LAW NOTICE. ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB -SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A "NOTICE TO OWNER." FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY. LIEN WAIVER: If You make all payments as required under this Contract, Lowe's hereby waives its right to file a mechanics and/or materialmen's lien and will protect Customer's property from any such lien filed by any person, including Installer, in connection with the Installation/Repair Services. NOTICES Doc ID: 8dbe3e001f37417b8439bd9b3d3edld821f6b820 TIME OF SERVICE. The Services are estimated to start thirty days from the transaction date, based on the reasonable availability of the Installer and any special order or custom materials, if applicable. The Services are estimated to be completed sixty days from the transaction date. PRICE CALCULATIONS. If this Contract includes Goods and related Services sold by unit of measurement, such as per square foot, the Price may include more Goods than the actual measurements of Your project area. The Price includes the total amount of Goods required by Lowe's to fulfill the Contract (including surplus materials and overages) (together the "Estimated Product") and the Services required based upon this total amount of Goods. For instance, a 120 square foot room may require 140 square feet of carpet, and the Price would include Services based upon the 140 square feet of carpet. The total amount of Estimated Product is based upon the total Goods recommended by the Installer, based on the Installer's assessment of unique characteristics of Your project. If any usable Goods are left over, Lowe's may, at its discretion, initiate a Price adjustment. Lowe's will not adjust the Total Contract Amount for the related Services. By signing this Contract You acknowledge You are aware of Your project area measurements and the amount of Estimated Product, and that the Estimated Product may exceed Your actual project area. LEAD SAFE INFORMATION. Federal and applicable state laws require that You be provided with a lead hazard information pamphlet such as the Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools. By signing this Contract, You acknowledge having received a copy of this information pamphlet before work began informing You of the potential risk of the lead hazard exposure from renovation activity performed in Your dwelling unit or facility. A copy of the pamphlet is available at the following website http://www.lowes.com/eparrp. ARBITRATION AGREEMENT. This Contract provides that You and Lowe's will resolve all claims by BINDING ARBITRATION. You and Lowe's GIVE UP THE RIGHT TO GO TO COURT to enforce this Contract (EXCEPT for matters that may be taken to SMALL CLAIMS COURT), A NEUTRAL ARBITRATOR will determine Lowe's and Your rights and NOT a judge or jury. You and Lowe's are entitled to a FAIR HEARING. BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. FOR MORE DETAILS: Review the sections titled ARBITRATION AGREEMENT, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION ADJUDICATION found in the Terms and Conditions of this Contract. PHOTO RELEASE. By signing this Contract, You grant to Lowe's, its representatives, and Installer the right to take and use photographs, videos, or other representations of the Project Address before and after the Services and all work performed at the Project Address related to this Contract (the "Content"). Lowe's irrevocably keeps all rights (including the copyright), title, and interest in the Content for use in all markets and media, worldwide, in perpetuity. Lowe's can use the Content, in any form or medium, internally for any purpose (e.g., customer service, planning, and claims). TERMS AND CONDITIONS COMMON DEFINITIONS. Capitalized terms used in this Contract will either have the following stated meanings or will be defined throughout the Contract. a. "You", "Your(s)", and "Customer" all mean the person executing this Contract to purchase Installation/Repair Services. b. "Goods" means the physical items You are purchasing in connection with the Installation/Repair Services. A list of the Goods appears on the Estimate. c. "Services" means the work, labor, and other services necessary to install the Goods or provide repair or maintenance services, as applicable. Some examples of Services include delivery, handling, return, and selection and placement of Goods. d. "Installer" means the independent contractor Lowe's arranges to perform the Services. Installer will be licensed when legally required, and will direct, control, and perform the Services directly or through its employees, agents, and subcontractors using tools and equipment Installer provides. Lowe's does not employ Installer, its employees, or its agents or subcontractors. e. "Lowe's" means Lowe's Home Centers, LLC, a North Carolina Limited Liability Company located at 1000 Lowe's Boulevard, Mooresville, NC 28117, Lowe's Employer Identification Number is 56-0748358. 2. SCOPE. This Contract is between You and Lowe's for the purchase of Goods and Services. Lowe's does not perform these Services, but arranges for Installer to do so directly or through Installer's employees, agents, or subcontractors. Installer is an independent contractor and is not under the supervision or control of Lowe's. Services do not include architectural or engineering services. Lowe's reserves the right to terminate or rescind this Contract if Lowe's decides that any portion of the job is beyond the scope of the Services that Lowe's originally contemplated. 3. CHANGE ORDERS. Any changes to the Goods and/or Services, including but not limited to changes necessitated by undisclosed, unidentified or unforeseen conditions on the site ("Undisclosed Conditions"), are subject to a written Change Doc ID: 8dbe3e001f37417b8439bd9b3d3edld821f6b820 Order, which shall specify the change in scope and any adjustment to the Total Contract Amount, which will be reflected in the Due Upon Completion payment. Neither Lowe's nor Installer shall have any obligation to remediate any such conditions and, at its discretion, Lowe's may immediately discontinue the installation or repair or ask for a Change Order. Neither Lowe's nor Installer will remediate any mold, asbestos or lead -based paint and are not responsible for any delays caused by events beyond either party's control, including but not limited to acts of nature, governmental actions, delivery delays, or delays caused by third parties, labor strikes, project financing, incorrect information provided by You or Your non-compliance with this Contract. GOODS. Title to Goods does not pass to You and remains the property of Lowe's until Goods are installed in Your home, building, or on Your property. You agree that the Contract is being offered for the Total Contract Amount and that any surplus materials upon completion of the Installation Services are not Your property and, if instructed by Lowe's, such surplus materials shall be returned to Lowe's by the Installer. Upon request from You at the time of job completion, Lowe's, in its discretion, may allow all or part of the unused, receipted surplus materials to be retained by You. 5. LICENSES, PERMITS, AND OTHER REGULATORY REQUIREMENTS. Installer will obtain any and all licenses, registrations, certifications, and permits ("Local Requirements") necessary to perform the Services at the Project Address, unless otherwise required by law or where Lowe's elects to use a third -party service. You agree to pay any fees associated with the Local Requirements and to cooperate in any required inspection or permitting process. The Installer, and not Lowe's, is responsible for performing the Services in compliance with applicable safety rules, building codes, zoning ordinances, and other regulations ("Local Regulations"). You are responsible for any violations of the Local Regulations that exist at the time You sign this Contract. This Contract creates no obligation to correct these pre-existing violations. Any change in the Local Regulations may require a Change Order and may result in an increase in the Total Contract Amount. Neither Lowe's nor Installer will perform any additional work after completion of the Services due to changes in the Local Regulations. 6. TERMINATION. If You breach this Contract or decline a reasonable Change Order request, Lowe's may immediately terminate this Contract without further obligation. In the event of such termination, You agree to pay Lowe's the costs of materials, labor, expenses, and services provided by Lowe's in connection with the Services through the date of termination, plus any other amounts set forth in this Contract or allowed under applicable law. If terminated or rescinded, Lowe's has no obligation to return the Project Address to the original condition. If Lowe's terminates or rescinds the contract before delivering Goods or beginning the Services, then Lowe's will return the portion of the Total Contract Amount paid by You without further costs or obligation to You or Lowe's. If Lowe's terminates or rescinds the contract after delivering Goods or beginning the Services, title of the Goods passes to You upon termination and Lowe's has no obligation to return any portion of the Total Contract Amount to You except in exchange for Goods You validly return. You will have thirty (30) days from any termination or rescission to return any standard Goods in the original, unopened condition for refund or credit. Returns may be subject to a fifteen percent (15%) restocking fee. Custom and special -order Goods are not returnable. Custom Goods include Goods altered, color -matched, shaped, sized, cut, or otherwise designed or fitted to accommodate the requirements of a particular space or environment. Some examples of custom Goods are cabinets, countertops, floor and wall coverings, and window treatments. 7. YOUR WARRANTY TO LOWE'S AGAINST VIOLATIONS OF EASEMENTS, COVENANTS, AND THIRD PARTY RIGHTS. You warrant that performance of the Services will not violate any existing real property easement, covenant, historic district regulations, homeowner's association rule or rights of third parties holding an interest in the Project Address or otherwise, and that You have the rights and authority to enter into this Contract. 8. CUSTOMER RESPONSIBILITIES. You agree: a. To Pay only Lowe's. You agree to pay Lowe's and only Lowe's for any Goods and Installat;onlRepair Services, even if Installer provides a new Contract or Change Order for your review and signature. Installation Made Easy, Inc. is the only party authorized to collect payment on behalf of Lowe's. You agree not to pay the Installer separately or directly. This Contract is solely between You and Lowe's. b. To Locate Lines and Hazards. Before Installer begins Services, You will identify and mark the location of utility lines, for example electrical, plumbing, and gas lines, and property lines that could impact the Services. Prior to the installationlrepair, You will identify any pre-existing physical or environmental hazards, building code violations or other legal encumbrances that could affect the Services. You are responsible for any delays or interference to the installation/repair caused by You or any third party under Your direction or control. c. To Ensure Compliance with Smoke Alarm and Carbon Monoxide Detector Requirements. Prior to the start of the Services, You will ensure the Project Address has all necessary carbon monoxide detectors and smoke Doc ID: 8dbe3e001f37417b8439bd9b3d3edld82lf6b820 alarms ("Detectors") needed for the Installer to obtain the necessary permits and complete the Services. You are solely responsible for the proper number, placement, type, functioning, operation, installation, testing, as per the manufacturers' specifications, and maintenance of any Detectors required by Local Regulations. Failure to meet Federal, state or local Detector requirements, if any, will be considered an Undisclosed Condition. d. To Provide a Safe and Proper Working Environment. Before and during the Services, You will ensure that work areas are free of vermin, pre-existing physical or environmental hazards, and violations of Local Regulations. You will allow the Installer to have access to work areas and restrooms. You will provide climate control, where applicable, and electricity to the work areas. You agree not to allow unattended minors at the Project Address during the Services. You agree to control and keep pets away from work areas. You agree to keep posted permits on display at all times. If You or someone You control interferes with the Services, Lowe's may charge You for storage, transportation, or other resulting charges. e. To Sign the Certificate of Completion. You will sign a Completion Certificate upon satisfactory completion of the Services. f. Not to Assign or Transfer this Contract. You cannot give Your rights under this Contract to anyone else. g. To Promptly Notify Lowe's of a Claim. If you have a claim that is in any way related to this Contract, You must make that claim to Lowe's within thirty (30) calendar days of when you knew or should have known of a problem. Lowe's will attempt resolution of any claim(s) within sixty (60) calendar days of receiving Your notice. h. That You Are Responsible If You Choose to Help. IF YOU CHOOSE TO HELP, YOU ASSUME THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF THE GOODS OR WITH PERFORMANCE OF THE SERVICES. 9. LIMITED WARRANTY. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LOWE'S WARRANTS THE WORKMANSHIP OF INSTALLATION SERVICES FOR ONE (1) YEAR FROM THE COMPLETION DATE (THE "WARRANTY PERIOD"). LOWE'S WARRANTS THE WORKMANSHIP OF REPAIR SERVICES (OR MAINTENANCE, AS APPLICABLE) FOR ONE HUNDRED AND TWENTY (120) DAYS FROM THE COMPLETION DATE (THE "WARRANTY PERIOD"). THIS WARRANTY DOES NOT COVER DAMAGE CAUSED BY ACTS OF GOD, INSTALLATION OR REPAIRS MADE BY PERSONS OTHER THAN INSTALLER, OR ABUSE, MISUSE, NEGLECT OR NORMAL WEAR AND TEAR. GOODS, MERCHANDISE, AND MATERIALS ARE COVERED EXCLUSIVELY BY THE MANUFACTURER'S WARRANTY, IF ANY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. LOWE'S WARRANTY FOR SERVICES IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 10. LIMITATION OF LIABILITY. For any claim related to this Contract, You can only seek recourse from Lowe's or the Installer; no parent or affiliate of Lowe's shall have any liability under this Contract. You must give Lowe's written notice within the Warranty Period of any warranty claim. Your only remedy for a warranty claim is either (i) for Lowe's to have the Services performed again, including any necessary repair and replacement of Goods, to correct the defective Services, or (ii) a refund of all or part of the Total Contract Amount. Lowe's has absolute discretion to choose between these two options. YOU 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, COSTS ASSOCIATED WITH PROJECT DELAYS, 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 TOTAL CONTRACT AMOUNT. For warranty claims, You agree to prepare the work area at the Project Address in the manner described in the section titled "Customer Responsibilities." 11. ARBITRATION AGREEMENT, WAIVER OF JURY TRIAL, AND WAIVER OF CLASS ACTION RIGHTS. Lowe's wants to keep You as a customer, and Lowe's resolves most questions and complaints informally. All claims related to this Contract by Lowe's or by You, Your agents, insureds or assigns, which You and Lowe's cannot resolve informally shall proceed to binding arbitration conducted by a single arbitrator under the current applicable rules, procedures, and protocols of JAMS, Inc. ("JAMS") (www.iamsadr.com) or the American Arbitration Association ("AAA") (-,Nviw.a0 �.ar ). You agree that if either JAMS or AAA is unable or unwilling to arbitrate the matter, You and Lowe's will agree upon a single arbitrator with a nationally recognized arbitration firm to arbitrate the matter. Claims subject to binding arbitration include: a. all claims in any way 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; Doc ID: 8dbe3e001f37417b8439bd9b3d3edld821f6b820 b. all federal or state law claims relating in any way to this Contract (including this arbitration agreement), the information You gave Lowe's before entering into this Contract, and any past agreement or agreements between You and Lowe's; c. all counterclaims, cross -claims, and third -party claims; d. all common law claims of any kind including claims based upon alleged product defect, contract, tort, fraud, or other intentional torts; e. all claims based upon a violation of any state or federal constitution, statute, or regulation; f. all claims asserted by Lowe's against You, including claims for money damages to collect any sum Lowe's claims You owe; g. all claims asserted by You individually against Lowe's or any of Lowe's employees, agents, directors, officers, shareholders, managers, members, parent company, or affiliated entities (collectively the "related third parties") or the Installer, including claims for money damages and/or equitable or injunctive relief; h, all claims asserted on Your behalf by another person; i. all claims asserted by or on behalf of You as a private attorney general against Lowe's, related third parties or the Installer; j. 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 information about You; and k. all other claims 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 by this Contract. Binding arbitration means that You waive: (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 way. An arbitrator will decide any claim not decided by a small claims court. You agree that binding arbitration provides a simple, cost effective method to resolve disputes quickly. You agree that (1) You cannot pursue a class action lawsuit or class action arbitration of any type, (2) no one can pursue a class action lawsuit or class action arbitration of any type on Your behalf, and (3) a Court or arbitrator(s) cannot order class action proceedings under this Contract. You further agree 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 You and Lowe's waive any right to bring or participate in a class action lawsuit or class action arbitration regarding any claim. How Arbitration Works: Lowe's may demand arbitration by sending written notice to You at the address listed in this Contract. You 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 occur in the city or county of the Project Address. Lowe's shall pay the filing, administrative, hearing, and arbitrator's fees associated with the arbitration. You are not 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, You and Lowe's are each responsible for their own attorneys' fees and other expenses, such as witness and expert witness fees. Either party may request that the arbitrator provide a written explanation of the award, consistent with the then current rules, procedures, and protocols of the arbitration entity selected by the parties. Any court having jurisdiction may receive and enforce the arbitrator's award. If You fail to pay Lowe's in accordance with this Contract, You agree that Lowe's can recover its reasonable attorneys' fees as provided by N.C. Gen. Stat. Section 6-21.2 or other controlling law. The parties agree that this arbitration agreement is made in connection with a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (as amended) ("FAA"), governs. If for any reason the Federal Arbitration Act does not apply, then the laws of the State of North Carolina shall govern this arbitration agreement. 12. GOVERNING LAW AND SEVERABILITY. North Carolina law shall govern and guide the interpretation of this Contract, without regard to the choice of law rules of any state, except that the FAA governs the ARBITRATION AGREEMENT, WAIVER OF JURY TRIAL AND WAIVER OF CLASS ACTION RIGHTS. Should an arbitrator, court, or other interpreting entity determine that a provision of this Contract is contrary to an applicable law, such unlawful provision shall be ineffective without invalidating the other provisions, which shall remain in full force and effect. FLORIDA ADDENDUM 1. FLORIDA CONTRACTOR LICENSES AND CERTIFICATIONS. Contractor license number(s) and certifications held by Doc ID: 8dbe3e001f37417b8439bd9b3d3edid821f6b820 or on behalf of Lowe's Home Centers, LLC: #CCC1326824 (Certified Roofing Contractor), #CGC1508417 (Certified General Contractor), #CRC1327732 (Certified Residential Contractor), 4FR04517 and #FRO1584 (Construction Financial Officer). License number(s) and certifications may be subject to change in accordance with local or state government processes. For the most current listing of license numbers and certifications held by or on behalf of Lowe's Home Centers, LLC please visit http:r;'www.lowes.ccm?!icensenumbers. FLORIDA HOME OWNERS' CONSTRUCTION RECOVERY FUND. PAYMENT UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR, FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: 1940 NORTH MONROE STREET, TALLAHASSEE, FL 32399-0783; PHONE: (850) 487-1395. 3. CHAPTER 658 NOTICE OF CLAIM. ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES. 4. MIAMI-DADE COUNTY RESIDENTS ONLY. WARNING TO OWNER IF SERVICES ARE PERFORMED WITHIN MIAMI-DADE COUNTY: UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT LOWE'S AND INSTALLER (INCLUDING ALL SUBCONTRACTORS RETAINED BY INSTALLER) ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE. TO AVOID A LIEN AND PAYING TWICE, EVERY TIME YOU PAY LOWE'S, YOU MUST OBTAIN A WRITTEN RELEASE FROM (1) LOWE'S, INSTALLER AND (III) ALL SUBCONTRACTORS RETAINED BY INSTALLER. 5. NOTICE TO MIAMI-DADE RESIDENTS ONLY. If Services are performed within Miami -Dade County, YOU ARE ADVISED THAT THE COUNTY CONSTRUCTION TRADES QUALIFYING BOARD AND THE BUILDING AND ZONING DEPARTMENT OF MIAMI-DADE COUNTY, AND THE STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION MAY HAVE INFORMATION ON FILE CONCERNING THE FINANCIAL RESPONSIBILITY AND ANY COMPLAINTS AND INVESTIGATIONS PERTAINING TO LOWE'S AND/OR INSTALLER. THE PUBLIC RECORDS OF THE COUNTY ARE AVAILABLE FOR INSPECTION AND COPYING. IN ORDER TO PROTECT YOURSELF, YOU ARE ALSO ADVISED AS FOLLOWS: (1) YOU MAY REQUEST THAT THIS CONTRACT ALLOW FOR PAYMENTS TO LOWE'S TO BE CONDITIONED UPON LOWE'S OBTAINING AND PASSING MANDATORY INSPECTIONS; (11) YOU MAY PAY THE COST OF PURCHASING AN INSTALLER'S PAYMENT BOND OR OTHER SECURITY (AND MAY OBTAIN COPIES OF THE SAME UPON REQUEST), TO COVER PAYMENTS TO SUBCONTRACTORS AND MATERIAL SUPPLIERS, IN THE EVENT LOWE'S OR INSTALLER FAILS TO DO SO; (111) YOU MAY REQUEST THAT THIS CONTRACT CONTAIN A WORK OF COMPLETION DATE, IN THE ABSENCE OF A COMPLETION DATE, YOU MAY REQUEST THAT INTERIM MILESTONES OR TIME PERIODS BE ESTABLISHED FOR COMPLETION OF PORTIONS OF THE SERVICES; (IV) IF, AFTER OBTAINING A PERMIT FOR THE WORK, LOWE'S TERMINATES THIS CONTRACT WITHOUT JUST CAUSE OR FAILS TO PERFORM THE SERVICES WITHOUT JUST CAUSE FOR THIRTY (30) CONSECUTIVE DAYS, THE PROJECT MAY BE CONSIDERED ABANDONED, WHICH CONSTITUTES A PENALTY FOR WHICH A CONTRACTOR MAY BE DISCIPLINED BY THE STATE OF BY THE COUNTY; AND (V) LOWE'S HAS COMMERCIAL GENERAL LIABILITY INSURANCE, COMMERCIAL AUTOMOBILE LIABILITY INSURANCE AND WORKERS' COMPENSATION INSURANCE AS REQUIRED BY APPLICABLE STATUTE, THROUGH INSURERS RATED A/X OR HIGHER BY A.M. BEST AND AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA. WITH LIMITED EXPIATIONS PROVIDED BY LAW, THE WORK YOU ARE CONTRACTING FOR MUST BE PERFORMED BY A STATE OF FLORIDA CERTIFIED CONTRACTOR OR A MIAMI COUNTY CERTIFIED CONTRACTOR WHO IS ALSO REGISTERED WITH THE STATE. Doc ID: 8dbe3e001f37417b8439bd9b3d3edld821f6b820 NOTICE OF RIGHT TO CANCEL. If this is a "home solicitation sale," and if Customer does not want the Goods or Services, Customer may cancel this Contract by providing written notice to Lowe's in person or by mail. This notice must indicate that Customer does not want the Goods or Services and must be delivered or postmarked before midnight of the third business day after Customer signs this Contract. If Customer cancels this Contract, Lowe's may not keep all or part of any cash down payment. See the notice of cancellation form sent as an attachment to this Contract for an explanation of this right. By executing this Contract, Customer acknowledges receipt of two (2) completed copies of the Notice of Right to Cancel form and certifies Lowe's has informed Customer orally of his or her right to cancel. ELECTRONIC SIGNATURE AND ACCEPTANCE: By electronically signing below, Customer acknowledges and agrees that (1) Customer has read, understands and voluntarily accepts the terms of this Contract; (2) this is the entire Contract between Customer and Lowe's regarding the Services; and (3) this Contract supersedes all prior discussions and agreements, either oral or written, relating to the Services. This Contract cannot be assigned except by writing signed by Customer and Lowe's. Customer will receive an electronic copy of this Contract upon acceptance. Me electronically consent to the terms and conditions of this Contract. Lowe's Authorized Representative Signature Customer rUMv,( Signature Date Date After signing the agreement, scroll to the top and click CONTINUE. 02/09/2022 02/09/2022 Doc ID:8dbe3e001f37417b8439bd9b3d3ed1d821f6b820 OHELLOSIGN TITLE FILE NAME DOCUMENT ID AUDIT TRAIL DATE FORMAT STATUS Unified report document Unified report document 8dbe3e001f37417b8439bd9b3d3ed1d821f6b820 MM I DD I YYYY Signed This document was signed on ime.myhomeprojectcenter.com Document History 0 SENT VIEWED SIGNED G COMPLETED Audit Trail 02 / 0912022 Sent for signature to PAUL BARNSLEY (PJBARNSLEY@YAHOO.COM) 12:39:33 UTC from hellosign@installationmadeeasy.com IP: 13.92.140.113 02109 / 2022 Viewed by PAUL BARNSLEY (pjbarnsley@yahoo.com) 12:39:34 UTC IP: 173.162.89.77 02109 / 2022 Signed by PAUL BARNSLEY (pjbamsiey@yahoo.com) 12:39:46 UTC IP: 173.162.89.77 02 / 09 / 2022 The document has been completed. 12:39:46 UTC Powered by YHELLOSIGN