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RP23-040
PERMIT # 3--- O Y DATE: as SECTION 1� y LOC L TYPE OF WORK / i'% JOB LOCATI N / OUVNER .-litrssAr�iL�z�%szr�K�r������<� FOOTING FOUNDATION FRAMING RGH FRAMING INSULATION PLUMBING 0 RGH PLUMBING GAS O SPRINKLER ELECTRIC C� LOW -VOLT 0 ALARM Q AS BUILT O FINAL DATE INSP iiiiiiiiiiiiiiiiiiii miles will III III mmenn� 3�/- 7 73%73' OTHER APPROVALS OTHER QR190 11J i`tivr,�o� VILLAGE OF RYE BROOK MAYOR 938 King Street, Rye Brook,N.Y. 10573 ADMINISTRATOR Jason A. Klein (914) 939-0668 Christopher J. Bradbury www.ryebrookny.gov TRUSTEES BUILDING& FIRE INSPECTOR Susan R. Epstein Steven E. Fews Stephanie J. Fischer David M. Heiser Salvatore W. Morlino CERTIFICATE OF COMPLIANCE November 7,2024 Lani McCann 71 Rock Ridge Drive Rye Brook,New York 10573 Re: 71 Rock Ridge Drive, Rye Brook,New York 10573 Parcel ID#: 135.44-1-58 Roof Permit#23-040 issued on 8/14/2023 to Re-Roof Existing Building This certifies that the new roof,installed under the above captioned permit has been satisfactorily completed. Sincerely, Steven E. Fews Building&Fire Inspector /to ED E C E� " BUILDING DEPARTMENT For ffiW e se onh- PERMI NOV - 1 2024 VILLAGE OF RYE BROOK ISSUE 938 KING STREET,RYE BROOK,NEW YORK 10573 DATE: VILLAGE OF RYE BROOK (914)939-0668 FEE: BUILDING DEPARTMENT Hww.ryebrooknv.00v APPLICATION FOR CERTIFICATE OF OCCUPANCY,CERTIFICATE OF COMPLIANCE, AND CERTIFICATION OF FINAL COSTS TO BE SUBMITTED ONLY UPON COMPLETION OF ALL WORK, AND PRIOR TO THE FINAL INSPECTION \\t/i\ttirtrttkit#k!\###ikk##!#!+!4!4!i!#k##t##+++ttt#iiii+rtt+i+4rtirtrtrtrtrtirti\i++4+4i+k\#ttii\\#+k4!\i►\\■\\\\i##tlki\ki\i\4\ik\i Address: 71 Rock Ridge Drive Rye Brook NY 10573 Occupancy/Use: — F' I Parcel ID#: 135• 4-- ' 525 Zone: R-10 Owner: Lani McCann Address: 71 Rock Ridge Drive Rye Brook NY 10573 P.E./R.A. or Contractor: Gunner LLC Address: 194 S Water St Greenwich CT 06830 Person in responsible charge: Andrew Prchal Address: 194 S Water St Greenwich CT 06830 Application is hereby, made and submitted to the Building Inspector of the Village of Rye Brook for the issuance of a Certificate of Occupancy/Certificate of Compliance for the structure/construction/alteration herein mentioned in accordance with law: STATE OF NEW YORK, COUNTY OF WESTCHESTER as: Andrew Prchal being duly sworn,deposes and says that he/she resides at 71 Rock Ridge Drive (Print Name of Applicant) (No.and Street) in Rye Brook ,in the County of Westchester in the state of NY that (Cit}ToNin Village) he/she has supervised the work at the location indicated above,and that the actual total cost of the work,including all site improvements, labor,materials,scaffolding,fixed uipment,professional fees,and including the monetary value of any materials and labor which may have been donated gratis was: $ I t()Co OU for the construction or alteration of: Roof Replacement, Asphalt Roof Deponent further states that he/she has examined the approved plans of the structure/work herein referred to for which a Certificate of Occupancy/Compliance is sought,and that to the best of his/her knowledge and belief,the structure/work has been erected/completed in accordance with the approved plans and any amendments thereto except in so far as variations therefore have been legally authorized,and as erected/completed complies with the laws governing building construction.Deponent further understands that it shall be unlawful for an owner to use or permit the use of any building or premises or part thereof hereafter created,erected,changed,converted or enlarged,wholly or partly,in its use or structure until a Certificate of Occupancy or Certificate of Compliance shall have been duly issued by the Building Inspector as per§250-IO.A.of the Code of the Village of Rye Brook. /� 5f Sworn to before me this l, Sworn to before me this day of '� 20 4CK- day of ©Gfp�.2r 2q Signat o p Owner Signature of Applicant Lani McCann NY_r�_Zq ',., PC1__ - Andrew Prchal Print Name of Property Own 4QJ. ��% Print Name of Applicant _ l' N, ry bf i A fi"I O f � otan b e EXp-�� �'< ECI�GJ'��. QyE BRC��. 1932 BUILDING DEPARTMENT ❑BUILDING INSPECTOR 11 E ASSISTANT BUILDING INSPECTOR VILLAGE OF RYE BROOK ❑CODE ENFORCEMENT OFFICER 938 KING STREET • RYE BROOK,NY 10573 (914) 939-0668 FAx (914) 939-5801 www.ryebrook.org - - - - - - - - - - - - - - - - - - - - INSPECTION REPORT - - - - - - - - - - - - - - - - - - - - ADDRESS : ( Y 1 ►/ DATE: I PERMIT# 2,_ ISSUED: ��I`/" 1JSECT: 8S 7 7 BLOCK: LOT: LOCATION: �t-)o � OCCUPANCY: ❑ VIOLATION NOTED THE WORK IS... ❑ ACCEPTED ❑ REJECTED/ REINSPECTION ❑ SITE INSPECTION REQUIRED ❑ FOOTING ❑ FOOTING DRAINAGE ❑ FOUNDATION ❑ UNDERGROUND PLUMBING NOTES ON INSPECTION: ❑ ROUGH PLUMBING ❑ ROUGH FRAMING ❑ INSULATION ❑ NATURAL GAS �/ ❑ L.P. GAS ❑ FUEL TANK ❑ FIRE SPRINKLER ❑ FINAL PLUMBING ❑ CROSS CONNECTION FINAL ❑ OTHER : = O O N � •y ■ l V ply � �•t� m O u a R x t, W W U a 0 �, a �+ a � � �I' A. pen _ r•yj 8 .s4 y U O 0120 a 0 M--I ai p W g o q = cn - W � ° 7_J O O dQo �" Oa � v a his � � � �" O (� W � o v � •`�� (/a 0 so'l f1 M yg z w co w o ff O cN a z uZ n o' O `n o � ) & A � x Q N O I-� Z 00 Fri G' V W v, a c 05: b a G►) W o zz W O ©z H cn O z A z o W i76. 6a x = o � '� U [ � _ Z 4 0 � '9 x � � _ ED BUIL MENT D E C E W V VI E OF RYE OK AUG 1 1 2023 938 KING ET RYE FIR o NY 10573 -.0 VILLAGE OF RYE BROOK BUILDING DEPARTMENT FOR OFFICE USE ONLY: j Approval Date: f�U �144mit# / r,! Application# Approval Signature: ARCHITECTURAL REVIEW BOARD: Disapproved: : Date: BOT Approval Date: Case# : Chairman: PB Approval Date: Case# Secretary: ZBA Approval Date: Case# Other: Application F Permit Fees; ROOF PERMIT APPLICATION Application dated: 8/8/2023 is hereby made to the Building Inspector of the Village of Rye Brook,NY,for the issuance of a Permit to Re-Roof an Existing Building,as per detailed statement described below. 1. Job Address: 71 Rock Ridge Drive Rye Brook NY 10573 SBL: 135.44-1-58 Zone: R-10 Property Owner: Lani McCann Address: 71 Rock Ridge Drive Rye Brook NY 10573 Phone#: 914 329 4744 Cell#: email: lanimccann@aol.com 2. Applicant: Andrew Prchal Address: 194 S Water Street, Greenwich, CT 06830 Phone#: 203 321 7735 Cell#: email becky@gunnerroofing.com 3. Roofing Contractor: Gunner LLC Address: 194 S Water St Greenwich CT 06830 Phone#: 2033217735 cell#: email: becky@gunnerroofing.com 4. Job Description,list all Methods&Materials: Removal & replace existing roof. Inspect roof deck to verify that all sheathing is suitable. Install seam tape per CT Code. Install water and Ice barrier, underlayment, asphalt shingles,and proper ventilation. Remove and replace existing Siding with James Hardie lap siding. ++ 5. Estimated Cost of Job: $ 1�i t/m (NOTE:The estimated cost shall include all site improvements,labor,material,scaffolding,fixed equipment,professional fees,and material and labor which may be donated gratis.) 6. If comer property,indicate street frontage: 223 ft 7. Construction Type: Roof and Siding Replacement NYS Construction Class: 8. Number of stories: 2 Stories Height: 13'3° 9. Is garage being re-roofed:No: ( ) •Yes: O Attached No:O•Yes: ( )Number of Cars: 10. Is roof peaked,hip,mansard,flat,etc: Peaked 11. Estimated date of completion: November 1 St 2023 611/2023 Please note that this application must include the notarized signature(s) of the legal owner(s) of the above-mentioned property, in the space provided below. Any application not bearing the legal property owner's notarized signature(s) shall be deemed null and void, and will be returned to the applicant. STATE OF NEW YORK,COUNTY OF WESTCHESTER ) as: Lo 6 Ptcfl� _ ,being duly sworn,deposes and states that he/she is the applicant above named, (print name of individual signing as the applicant) and further states that (s)he is the legal owner of the property to which this application pertains, or that (s)he is the for the legal owner and is duly authorized to make and file this application. (indicate architect,contractor,agent,attorney,etc-) That all statements contained herein are true to the best of his/her knowledge and belief,and that any work performed,or use conducted at the above captioned property will be in conformance with the details as set forth and contained in this application and in any accompanying approved plans and specifications,as well as in accordance with the New York State Uniform Fire Prevention&Building Code,the Code of the Village of Rye Brook and all other applicable laws,ordinances and regulations. Sworn to before me this Sworn to before me this day of , 20 2 3 day of — , 20 L +Signature of Property Owner Signature o pplicant C 1S�Y�1 &AA_L _ Ttz-GIAN► Pri a rtY Owner Print Name of Applicant Votary Public No ry Public ` RANDIE PATERNO Notary Public,state of New York `�� C C/1 No.02PA6117U23CA No. Qualified in New York s (00mission Expires October 12,2 ! Q. ` oo = C%41 _ In OI = 0 .O Vv FXP O` 3 - • � P. 0 ,� .• •,,'�r,NEC T�� ��.�,. ''//�flllll lllltiN�� -2- 012023 DocuSign Envelope ID:574CD18D-FCC2-4BE3-922D-F9FB05CAOBA7 iYvtvtt: ctNr:tcu r Kr,rAIR LLC d/b/a GUNNER ROOFING LLC 194 South Water Street, Greenwich, CT 06830 Phone: 203-347-3368 License No.: CT- 0653672 NY- WC321801419 Yonkers, NY License No.- 7592 Rockland County, NY License No. 20118 NJ FHC- 13VH10245900 RI HIC- GC-44886 Federal EIN No. 83-2024199. RRP License- R-1-18342-21-00015 wxvw,gun nerroo fin�_T.coil) PROPOSAL/ CONTRACT 'Phis constriction agreement(the"Agreemenf-)is mane and entered into by and between home Energy Repair LLC d/b/a Gunner Roofing I.I.0(liereinafier referred to as"Gunner Roofing" or"Conuactor`')and hart McCann(herchialter the "0NN-rier or"Customer") whose address is 71 Rock Ridge Drive Rye Brook,NY 10573 (the'Project").Contractor and Owner hereby agree as follows: Contract Documents: The contract docin enls consist of this Agreement, and any cxhibifs attached hereto, 'learns and Conditions. Notice of Cancellation, Statutoii' Warnings, and limited -workmanship warranty (if any) and all modifications and change orders issued after execution of the Agreement(the*'C'ontract Documents-). Ow ner represents that it has read,reviewed,analyzed and become familiar %sith all of the Contract Documents and has identified and included costs in the Contract Price (as defined beloyy) as could be expected; associated with any errors, inconsistencies,omisionLs,or discrepancies. These contract documents represent the entire agreement of both parties and supersede any prior oral or written agreement. Scope of Work: The scope of work is contained and lumted to the work contained on Exhibit"A"—Scope of Wort;..The scope of work does not include any engineering or design professional work. All work shall he performed by Contractor in a workmanlike manner and shall meet or exceed all state and local building codes. Contractor Shall obtain all permits necessary for the work to be completed. Conti-actor shall remove all construction debris and leave the project in a broom clean condition. (In Rockland County,New York: Work other than that described in Exhibit "A"— Scope of Work__ is _ is not required to be performed in order for the scope of work to comply with all laws, ordinances, local laws, resolutions, or building codes governing home improvement work or requiring permits therefor or any requirement contained in the rules and regulations of the home [mprowemeni Licensing Board and any rep isions thereof) Contract Price:The materials required for this job will be furnished by Gunner Roofing, including necessary equipment,and.the services performed for a total of$51,000 (the "Contract price'). Owncr shall pay Contractor the Contract Price in accordance with Exhibit"B"- Sehedule of Progress Payments. Customer shall remit payment to Contractor within thirty (30) days of receipt of Contractor's invoice. (In Rockland County, New York: any deposit charged hereunder shall be the lesser of 81,000.00 or 1.3% of the Contract Price. Upon satisfactory payment being made for any portion of the work performed,the contractor shall,prior to any further payment being made,furnish to the person contracting for the work a full and unconditional release from any claim of a mechanic's lien by the contractor or by a person entitled to enforce a mechanic's lien for that portion of the work for which payment has been made.) Estimated Date of Commencement/Completion: The estimated start date of the Work is Sept. 18`i' 2023 and the estimated completion date is Out 41b 2023, these dates are subject to change clue to delays caused by �,eather,shortage of materials or labor. Acts of God, riots; revolutions, strikes, pandemics. medical emergencies that have resulted ui a local, state, or federal state of emergency, COVID-19 or Niruses/illnesses requiring quarantine, or other causes or factors beyond Gunner Roofing's reasonable control. Time. is not of the essence for all purposes of this Agreement unless expressly provided to the contrary-. 1Jnrlcss otherwise specified. there is no specific completion date for Contractor's work. Contractor shall complete all work in a reasonable amount of time. Charge Orders: All changes to the. plans, specifications or selection of finished materials which may be requested in writing by Owner("Change Orders"), shall be submitted to Contractor using Exhibit "C" — Change Order and are subject to Contractor's approval. A Change Order is any change in tivork from the original,permit set: plans and specifications. Each Change Order shall only be incorporated into the Agreement if signed by both Qwncr and Contractor prior to the commencement of any work covered b� said Change Order. In.the absence of in express lump sunr agreement with respect to any Change Order,changed work shall be billed to the 0wrter at the direct cost to the Contractor plus twenty percent (20%). Additional tune needed to complete change orders shall increase the time needed for Project completion. Warranty and Leval.Requirements: Contractor shall guarantee the quality of all workrnanship for a period of ten (10) years from the dale of completion. _ Contractor shall obtain any necessary permits and provide to Customer a certificate of occupancy, if required by the home improvement. OR _ Customer shall obtain any necessary permits and certificate of occupancy, if required by the home improvement. DocuSign Envelope iD:574CD18D-FCC2-4BE3-922D-F9FB05CAOBA7 I HAVE READ AND UNDERSTAND THIS CONTRACT, THE TERMS AND CONDITIONS, AND ALL APPLICABLE CONTRACT DOCUMENTS AND AGREE TO BE BOUND BY THEIR TERMS. ACCEPTANCE OF CONTRACT: The above prices, specifications and conditions are satisfactory and are Home Energy Repair LLC d/b/a Gunner Roofing LLC hereby accepted. Contractor is authorized to do the work as specified By signing below, Customer Authorized Signature: -- —�2YL��t. S -Y u acknowledges that Customer is the owner (or authorized agent of the owner) of the property where By: Brian Demersky the work is to be performed. Contractor Wll provide -- Customer with a copy of this Contract after it is signed by both parties. its. r ._.DocuSbneQ oy- Customer Signature: _�4_ r Date. 7/31/2023 Date: 7/31/2023 CONSUMER'S RIGHT TO CANCELLATION.CUSTOMER MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE(3)DAYS FROM THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. DocuSign Envelope ID:574CD18D-FCC2-4BE3-922D-F9FB05CAOBA7 L,xn ttst> A— SCOPE OFWORK DESCRIPTION OF TKE WORK TO BE PERFORMED: Siding- Remove all existing siduig(up to I layers) • Inspect plywood for damage/rot. • Replace as needed(3 sheets included anything after will be charged$l 10 per sheet) • Wrap all exposed sheathing in Jarnes Hardie. (louse Wrap and tape all searns. • Re-flash\vndows using window flashing tape. • Install T James Hardie Lap Siding(CedarNbII) (('olor Ti3 )) • Install 5- James Hardic Corners(Arctic White) • Trim Windows and Doors%with James Hardie 4" Flat`['rim(Arctic White) • Remove and Replace Soffit using Vinyl Soffit-White • Remove and Replaee Fascia(rakes and eaves)using James Hardic"frim 8 (Arctic White) • Replace(:ruble Vents on Ix)th sides of the house. • Install drip cap above windows and doors leaving ',a"(rap. • Install PVC trim for clearance requirement "-here needed. • Caulk comers using(BSI Caulk • Coat any cut edges of Jaynes I fardic Siding • Provide Dumpster • Dispose of job-related debris • Provide materials. • Magnetic sweep property tor nails • Install siding using l 'W_hot dipped siding nails. • Install (rim using 2"stainless steel finish nails. • Install blocks for all exterior penetrations. • Gunner will null permit for owner(and subsequently close)and save reeeigt for reimbursement from customer(if needed • Install.lames Hardie Products in accordance with James Hardie Best Practices Roof- • Tear off Existing shingles. • Inspect plywood and replace damaged plywood as needed (3 sheets included, additional sheets$110 per sheet) • install GAF Timberline HDZ. Shingles(COLOR TBD) • Use Roofing Coil Nails— 11A**(7200 CNT) • Install Elastomeric/Caulk(Clear) (I 0.3or) • Install GAF WeatherWatch Ice and Water Shield(Gft on Eaves,3FT on Rakes. Ridges, Hips and Valleys) • Install GAF TigerPaw Syntlictic Underlayntcttt • Dynamoic Caulk(Limestone) • Use T50 Staples--3/8" (5000 CNT) • Install GAF WeatherBlocker Premium Starter Strip Shingles • Install GAF TimberTex Hip and Ridge Cap Shingles • Install GAF Cobra Snow-Country Advanced Ridge Vent • Install Standard Aluminum Drip Edge—F5 '/- 1.0"(10)—White. • Install Aluminum Pipe Boot Flashing Combo 1 • Install Copper Clumney Flashings • Install Copper Chimney Cricket as needed. • Clean up all job-related debris and materials. • Provide Dumpster W. Restroom • Provide GAF Golden Pledge Warranty (50-year material, 25-year labor) • Our crews are licensed and insured. • Provide owner will all manufacture warranties. • Gunner will cull hermit for owner(and subseuuently close)and save receipt for reimbursement from client(il' needed DS DS L i 11 6` DocuSign Envelope Oi 574CD18D-FCC2-4BE3-922D-F9FBO5CAOBA7 uucters- • Remo%e Existing Gutters/ Downspouts/Elbovvs • Install 6" Seamless One-Piecc K-Stele White Aluminum Gutters/Downspouts/ElbmNs • Install 6- Gutter Hangers EXHIBIT B —SCHEDULE OF PROGRESS PAYMENTS Work or Services Performed and .Materials Amount Due Upon Completion: to be Supplied: Deposit (25%) $t2,750 Start (50%) $25,500 Completion (250/0) $12,750 EXHIBIT C—CHANGE ORDER DocuSign Envelope ID:574CD18D-FCC2-4BE3-922D-F9FBOSCAOBA7 CHANGE ORDER FORM Project: Project No.: Owner: Project Address: The Project is changed as 1'61low s: The Original Contact Sum: The net change by previously authorized Change Orders: $ The Modified Contract Sum prior to this Change Order was: $' The modified contract sum will be increased by this Change Order in the amount of: New to-date Contract Sum including this Change Order will be: $V The Contract time sliall be increased by _day s The exact date of completion of the Change Order is unknown. The estimated completion date is _ The exact date of Contract Completion is unknown. The estimated Contract Completion date is +� The undersigned have read and understand and agree to each of the provisions of this Change Order, and further acknowledge that this Change Order incorporates the terms of the Agreement entered into between the parties and modifies it accordinghv, OWNER HOME ENERGY REPAIR LLC d/b/a Gunner Roofing LLC Name: ^ Name: Dated: Dated: ENGINEERIARCHITECT Name: Dated: DocuSign Envelope ID:574CD18D-FCC2-4BE3-922D-F9FBOSCAOBA7 ivu tLr; OF CANCELLATION (Enter date of transaction) 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 TEN BUSINESS DAYS FOLLOWING RECEIPT BY THE SELLER OF YOUR CANCELLATION NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE CANCELLED. 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 SELLER'S EXPENSE AND RISK. IF YOU DO MAKE THE GOODS AVAILABLE TO THE SELLER AND THE SELLER DOES NOT PICK THEM UP WITHIN TWENTY DAYS OF THE DATE OF CANCELLATION, YOU MAY RETAIN OR DISPOSE OF THE GOODS WITHOUT.' ANY FURTHER OBLIGATION. IF YOU FALL 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 TO HOME ENERGY REPAIR LLC DB/A GUNNER ROOFING LLC AT 194 SOUTH WATER STREET, GREENWICH., CT 06830, NOT LATER THAN MIDNIGHT OF (Date). I HEREBY CANCEL THIS TRANSACTION. Owner's Signature: Date: STATUTORY WARNINGS DocuSign Envelope ID:574CD18D-FCC2-4BE3-922D-F9FBO5CAOBA7 FIRST STATEMENT OF LIEN RIGHTS IF THE OWNER FAILS TO PAY THE CONTRACTOR, THEN THE CONTRACTOR, OR SUBCONTRACTOR, WHO PERFORMS ON THE CONTRACT, OR THE MATERIALMAN WHO PROVIDES HOME IMPROVEMENT GOODS OR SERVICES, WHO IS NOT PAID MAY HAVE A CLAIM AGAINST THE OWNER WHICH MAY BE ENFORCED AGAINST THE PROPERTY IN ACCORDANCE WITH THE APPLICABLE LIEN LAWS. SECOND STATEMENT OF LIEN RIGHTS ANY CONTRACTOR, SUBCONTRACTOR, OR MATERIALMAN WHO PROVIDES HOME IMPROVEMENT GOODS OR SERVICES PURSUANT TO YOUR HOME IMPROVEMENT CONTRACT AND WHO IS NOT PAID MAY HAVE A VALID LEGAL CLAIM AGAINST YOUR PROPERTY KNOWN AS A MECHANIC'S LIEN. ANY MECHANIC'S LIEN FILED AGAINST YOUR PROPERTY MAY BE DISCHARGED. PAYMENT OF THE AGREED-UPON PRICE UNDER THE HOME IMPROVEMENT CONTRACT PRIOR TO FILING OF A MECHANIC'S LIEN MAY INVALIDATE SUCH LIEN. THE OWNER MAY CONTACT AN ATTORNEY TO DETERMINE HIS RIGHTS TO DISCHARGE A MECHANIC'S LIEN. NOTICE OF ESCROW EXCEPT AS OTHERWISE PROVIDED IN GEN. BUS. LAW § 771(1)(G), THE HOME IMPROVEMENT CONTRACTOR IS LEGALLY REQUIRED TO DEPOSIT ALL PAYMENTS RECEIVED PRIOR TO COMPLETION IN ACCORDANCE WITH SUBDIVISION FOUR OF SECTION SEVENTY-ONE-A OF THE LIEN LAW AND THAT, IN LIEU OF SUCH DEPOSIT, THE HOME IMPROVEMENT CONTRACTOR MAY POST A BOND, CONTRACT OF INDEMNITY OR IRREVOCABLE LETTER OF CREDIT WITH THE OWNER GUARANTEEING THE .RETURN OR PROPER APPLICATION OF SUCH PAYMENTS TO THE PURPOSES OF THE CONTRACT NOTICE OF RIGHT TO CANCEL IN ADDITION TO ANY RIGHT OTHERWISE TO REVOKE AN OFFER, THE OWNER MAY CANCEL THE HOME IMPROVEMENT CONTRACT UNTIL MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DAY ON WHICH THE OWNER .HAS SIGNED AN AGREEMENT OR OFFER TO PURCHASE RELATING TO SUCH CONTRACT. CANCELLATION OCCURS WHEN WRITTEN NOTICE OF CANCELLATION IS GIVEN TO THE HOME IMPROVEMENT CONTRACTOR. NOTICE OF CANCELLATION, IF GIVEN BY MAIL, SHALL BE DEEMED GIVEN WHEN DEPOSITED IN A MAILBOX PROPERLY ADDRESSED .AND POSTAGE PREPAID. NOTICE OF CANCELLATION SHALL BE SUFFICIENT IF IT INDICATES THE INTENTION OF THE OWNER NOT TO BE BOUND. TERMS AND CONDITIONS 1, General.This proposal is subject to change without notice and is automatically withdrawn on the 15ffi day following its date of issue if not accepted in writing and a copy of this proposal returned to Home Energy Repair LLC d/b/a Gunner Roofing LLC. ("Contractor"j. If Customer cancels the Agreement prior to the start of work,Customer is liable for 15%of the total Agreement price as liquidated damages,because Contractor is unable to accurately measure its damages for the cancellation of the Agreement.Customer and Contractor agree that this amount is not a penalty.Contractor reserves the right to withdraw this proposal at any DocuSign Envelope ID:574CD18D-FCC2-4BE3-922D-F9FB05CAOBA7 uuic Nl ivi tv I v1 �anvci una nyicc,ictit p iv, w uvv— to be performed in the event the cost to complete the work varies from the initial standard pricing due to a typographical or mathematical error. 2. Insurance.Contractor shall carry worker's compensation,automobile liability,commercial general liability and any other insurance required by law. 1 Access. Customer shall provide Contractor with adequate access to electricity and other utilities as needed, the work site, and the work area adjacent to the structure. Contractor disclaims any and all liability for the grading, leveling. slope or construction of the roof deck, the roofing system, structure and/or appurtenances.Customer represents to Contractor that all of the existing surfaces are suitable to receive the materials identified in the scope of work.Customer shall provide Contractor with access to deliver and/or remove materials and debris. Prior to the commencement of work, Customer shall provide Contractor with access to the interior of the structure, upon reasonable notice by Contractor, to inspect the premises for stains, ceiling damage and/or structural damage. Contractor shall not be responsible for any preexisting stains, ceiling damage and/or structural damage. Customer and/or owner shall hold harmless and indemnify Contractor from all damages, liabilities, attorney's fees and other expenses incurred as a result of the Customer and/or Customer's failure to fulfill its obligations under this paragraph 4. Site Conditions. Customer agrees to provide Contractor with adequate access to electricity and other utilities as needed, the work site, and the work area adjacent to the structure. Should concealed or unknown conditions in an existing structure be at variance with conditions indicated in the descrotion of the work to be performed from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement,the Agreement price shall be equitably adjusted upon notice thereof from the Contractor to the Customer. 5. Sealed Attic Liability Exclusion. Contractor shall not be liable for any roof or structural related issue arising out of or relating to combining a sealed attic system with a self-adhered underlayment, and Customer agrees to indemnify and hold harmless Contractor for any and all damages arising out of said condition. 6. Unforeseen Decking Lines. Installation of a new roof to the deck area of the building requires nails and/or screws to be inserted into the deck area. By code, electrical, telephone and security wiring and air conditioning wiring and lines should not be installed directly beneath the roof deck. If Customer is aware of these or any other such lines, Customer must notify Contractor immediately as the Contractor will not be responsible for the puncture of improperly installed lines or lines within three inches of the roof deck. Customer accepts full responsibility for any repair or replacement that may be necessary. 7. Restrictions and Requirements. In the event that state, county, or municipal codes or regulations require work not expressly set forth in this Agreement or differ materially from that generally recognized as inherent in work of the character provided for in this Agreement, all extra cost for Contractor's labor and materials shall be the sole obligation of the Customer. It shall be the sole obligation of the Customer to determine the existence of restrictions contained in deeds, subdivision or neighborhood regulations which might relate to or restrict the improvements under this Agreement. Contractor shall have no liability or responsibility for any such non-conformity with such restrictions/requirements.Contractor shall be entitled to payment from Customer of all sums due hereunder not withstanding any injunction/prohibition against the work as a result of any violation of such restrictiontrequ irement. 8. Customer Protection of Property. Due to the nature of the construction to be done at Customer's request,the Customer takes sole responsibility for any damage done to curbs,walkways,driveways,structures,septic tanks, HVAC,utility lines,pipes,landscaping,plants,shrubbery,appurtenances,person(s) or real or personal property at the job location Contractor is not responsible/liable for any hairline cracks,or any cracks, in the drywall due to the removal and reinstalling of windows or doors or any damage caused by dust or debris caused by Contractor's work.Contractor is not liable for damage to person or property caused by nails,and Customer agrees that it will take the appropriate precautions to avoid said damage. Unless otherwise specified,there is no specific completion date. However, Contractor will perform the work hereunder within a reasonable time and in a workmanlike manner. The cost for testingtabatement for asbestos is the sole responsibility of the Customer. 9. Choice of Law, Venue and Attorney's Fees. This Agreement shall be governed by the laws of the state where the Project is located. Venue of any proceeding arising out of this Agreement shall be in the county where the Project is located unless the parties agree otherwise. Should Contractor employ an attorney to institute litigation or arbitration to enforce any of the provisions hereof, to protect its interest in any matter arising out of or related to this Agreement, Contractor shall be entitled to recover from the Customer all of its attorney's fees and coststexpenses incurred therein, including attorney's fees,and costs/expenses incurred at mediation,administrative,appellate or bankruptcy proceedings. 10 Waiver of Jury Trial. THE PARTIES KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF OR PERTAINING TO THE AGREEMENT,OR ANY COURSE OF CONDUCT, COURSE OF DEALINGS,STATEMENTS(WHETHER VERBAL OR WRITTEN)OR ACTIONS OF ANY PERSON OR PARTY RELATED TO THIS AGREEMENT;THIS IRREVOCABLE WAIVER OF THE RIGHT TO A JURY TRIAL BEING A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. Damage Limitation. In no event,whether based on contract,warranty(express or implied), tort, federal or state statute or otherwise arising from or relating to the work and services performed under the Agreement,shall Contractor be liable for special, consequential,or indirect damages, including loss of use or loss of profits. Contractor and Customer agree to allocate certain of the risks so that, to the fullest extent permitted by law, Contractor's total aggregate liability to Customer is limited to the dollar amount of the Agreement for any and all injuries,damages,claims,expenses or claim expenses including attorneys'fees arising out of or relating to this Agreement regardless of whether it is based in warranty,tort,contract,strict liability, negligence, errors, omissions, or from any other causo or causes. 11. Warranties. Unless otherwise provided: THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.All warranties/guarantees provided by Contractor, if any, shall be deemed null and void if Customer fails to strictly adhere to the payment terms contained in the Agreement. All warranties and guarantees if any, provided under the Agreement are solely for the original Customer and are non-transferable,unless otherwise agreed to by Customer and Contractor in writing. Any express warranty provided, if any,by Contractor is the sole and exclusive remedy for alleged construction defects, in lieu of all other remedies, implied or statutory. DocuSign Envelope ID:574CD1r3D-FCC2-4BE3-922D-F9FBOSCAOBA7 12. Claims. It is Customer's duty to notify Contractor in writing within 3 days of the occurrence of any claim defect or deficiency arising out of work services or materials provided by Contractor under this Agreement("Occurrence") Failure of the Customer to provide written notice of the Occurrence shall result in the Customer waiving all claims that may be brought against Contractor arising out of or relating to the Occurrence including claims arisin(I in law,equity,contract warranty(express or implied),tort or federal or state statutory claims 13. Acts of God. Contractor shall not be liable for any damage, whether actual or consequential, or claim arising out of or relating to Acts of God, pandemics, medical emergencies that have resulted in a local, state, of federal state of emergency, Coronavirus (COVID-19) or similar illnesses requiring quarantine, accidents, civil disturbances, delays in obtaining materials, delays in transportation, fires, weather conditions, snow, strikes, war or other causes beyond Contractor's reasonable control, including delays caused by any act or neglect of Customer, by any separate contractor employed by the Customer, or by changes ordered by the Customer in the work. Customer shall obtain prior to construction fire, tornado, flood,builder's risk and other necessary insurance for this project. 15. Material Shortage and Substitution. In the event that any specified material or equipment becomes unavailable either temporarily or permanently after the contract is executed, provided that such availability is a result of factors beyond Contractor's control, then in the event of temporary unavailability, the contract time shall be extended to reflect the duration of time that the contractor is delayed by the unavailability, and in the case of permanent unavailability, the contractor shall be excused from providing said material or equipment and allowed to provide an available substitute. To the extent an available substitute is provided by Contractor under this provision,any increase in the cost between the originally specified material or equipment and its substitute shall be paid by the Owner to the Contractor.Due to material shortages,Owner may experience delays related to the inability to timely obtain materials for this project In the event of such a delay, Contractor shall notify Owner, and Owner agrees to provide Contractor with an extension of time for any delay attributable to the temporary inability to obtain materials 16. Disclaimer.Contractor disclaims all liability for all claims,disputes,rights,losses,damages,causes of action or controversies("Claims')pertaining to snow and/or ice loads that exceed manufacturer's specifications, Mold, including Claims arising out or relating to the detection, removal, disposal, or remediation of Mold, whether those Claims arise in law, equity, contract, warranty, tort, or federal or state statutory claims, and whether those Claims are based on the acts or omissions of Contractor or individuals or entities under Contractor's control. The Customer is solely liable and responsible for all damages, whether actual or consequential,caused by Mold and incurred by Customer,Contractor or third parties. 17. Working Hours.The proposal is based upon the performance of all work during Contractor's regular working hours,excluding weekends and National holidays.Extra charges will be made for overtime and all work performed other than during Contractor's regular working hours if required by Customer. 18. Materials.All materials and work shall be furnished in accordance with normal industry tolerances for color,variation,thickness,size,weight,amount,finish, texture and performance standards.Contractor is not responsible for the actual verification of technical specifications of product manufacturers, i.e., R value, wind speed,ASTM or UL compliance,but rather the materials used are represented as such by the manufacturer. 19. Price Escalation. If there is an increase in the price of materials charged to the Contractor in excess of five (5%) percent, subsequent to making this Agreement,then the price set forth in this Agreement shall be increased without the need for a written change order or amendment to the Agreement to reflect the price increase and additional direct cost to the Contractor. Contractor shall submit written documentation of the increased charges to the Owner upon request.As an additional remedy, if the actual cost of any line item increases more than 10%subsequent to the making of this Agreement,Contractor, at its sole discretion,may terminate the contract for convenience. 20. Construction and Interpretation. Each provision of the Agreement shall be construed as if both parties mutually drafted this Agreement. If a provision of this Agreement(or the application of it)is held by a court or arbitrator to be invalid or unenforceable,that provision will be deemed separable from the remaining provisions of the Agreement, will be reformed/enforced to the extent that it is valid and enforceable, and will not affect the validity or interpretation of the other provisions or the application of that provision to a person or circumstance to which it is valid and enforceable. Headings are for convenience only and do not affect interpretation. This Agreement records the entire agreement of the parties and supersedes any previous or contemporaneous agreement, understanding, or representation, oral or written, by the parties. All documents/exhibits referred to in this Agreement are an integral part of the Agreement and are incorporated by reference. This Agreement incorporates the documents entitled"Limited Workmanship Warranty"and "Statutory Warnings." Customer acknowledges that it has read/agreed to all incorporated documents and exhibits. 21. Use of Photo and Likeness I consent to photographs/videoshmages being taken of my residence and agree to allow my photo, video, or likeness to be used for any legitimate purpose by Contractor or its partners, producers, sponsors, organizers, and assigns, including but not limited to promotional and marketing uses. 22. Severability. Customer and Contractor agree that each of the provisions included in this Agreement is separate, distinct and severable from the other remaining provisions of this Agreement,and that the invalidity of any Agreement provision shall not affect the validity of any other provision(s)of this Contract. -074 .1 "�..•!wT `i&'^'- .1w1.+ 'a+' .�•w"i. 'W,-' -.^'!V+ Ati .�. fwl.IJ"t •�"^%N':'lw�i s.!w?` rye qA"r.•+t '`�'.'FA n.., , �r ��� ta� � 0 � �,�Q� �� ..,�d�. 0 ire. p �y 0 `t�•t ,•„ 41i ty} . y,N Nlh ,s, «, y11�;, kt�1 tp �rtr���1.'tt>`/kr'r,� Bri1`tp , ,•�� ` �•t ! lf�e: 's1'rr. '� :�,. ,'S�' °ia„y..::.:, yti2"�,, t� � s�r�_• :..��Lr_.�:..._.3, �, r, 4 ++ �r �t!'._ l �;���, � .1-Y qtQ �+'frr t Eby Nam , r iester -' ' George Latimer , James Maisano ,:. Westchester County Esecuii,c• Director,Consumer Protection r pa. a Department of Consumer Protection Home Improvement License " . GUNNER LLC p \� 194 SOUTH WATER STREET4 • i.. GREENWICH•CT-06830 i •t/ a rr� This license is issued in accordance with Article XVI of the Westchester County Consumer Protection Code and is valid only upon _ presence of the off icial department sea).Proof of cilirenship or immigration status is not required for issuance of this license. 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N • ' -'uf -fib �� v.. • ro r SY r NYSIF New York State Insurance Fund PO Box 66699,Albany,NY 12206 1 nysif.com CERTIFICATE OF WORKERS' COMPENSATION INSURANCE 0 � ^^^A A A 832024199 f� GUNNER LLC 194 SOUTH WATER STREET W1 GREENWICH CT 06830 1 t SCAN TO VALIDATE AND SUBSCRIBE POLICYHOLDER CERTIFICATE HOLDER GUNNER LLC VILLAGE OF RYE BROOK 194 SOUTH WATER STREET 938 KING STREET GREENWICH CT 06830 RYE BROOK NY 10573 POLICY NUMBER CERTIFICATE NUMBER POLICY PERIOD DATE I W2485 011-7 596003 09/12/2022 TO 09/12/2023 8/8/2023 THIS IS TO CERTIFY THAT THE POLICYHOLDER NAMED ABOVE IS INSURED WITH THE NEW YORK STATE INSURANCE FUND UNDER POLICY NO. 2485 011-7, COVERING THE ENTIRE OBLIGATION OF THIS POLICYHOLDER FOR WORKERS' COMPENSATION UNDER THE NEW YORK WORKERS' COMPENSATION LAW WITH RESPECT TO ALL OPERATIONS IN THE STATE OF NEW YORK, EXCEPT AS INDICATED BELOW, AND, WITH RESPECT TO OPERATIONS OUTSIDE OF NEW YORK, TO THE POLICYHOLDER'S REGULAR NEW YORK STATE EMPLOYEES ONLY. IF YOU WISH TO RECEIVE NOTIFICATIONS REGARDING SAID POLICY,INCLUDING ANY NOTIFICATION OF CANCELLATIONS, OR TO VALIDATE THIS CERTIFICATE,VISIT OUR WEBSITE AT HTTPS://WWW.NYSIF.COM/CERT/CERTVAL.ASP.THE NEW YORK STATE INSURANCE FUND IS NOT LIABLE IN THE EVENT OF FAILURE TO GIVE SUCH NOTIFICATIONS. THIS POLICY DOES NOT COVER THE SOLE PROPRIETOR, PARTNERS AND/OR MEMBERS OF A LIMITED LIABILITY COMPANY. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS NOR INSURANCE COVERAGE UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY. NEW YORK STATE SUR ME FUND DIRECTOR,INSURANCE FUND UNDERWRITING VALIDATION NUMBER: 932077998 U-26.3 Client#:1952221 HOMEEN ACORD-M CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/08/2023 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 have ADDITIONAL INSURED provisions or be endorsed. H 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 any rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Carmel McCabe USI Insurance Services LLC PHONE 855 874-0123 A/C Ext: A/C Nall-203 63"701 530 Preston Avenue ADD IIL ESS. usictcertiflcates@usic.com Meriden,CT 06460 INSURER(S)AFFORDING COVERAGE NAIC! 855 874-0123 INSURER A:Admiral Insurance Company 24656 INSURED Gunner LLC INSURER e:Arbslla Protection Insurance Company 41360 194 South Water Street INSURER C: Liberty Mutual Insurance Corporation 33600 Greenwich 08830 INSURER D: INSURER E: 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 CONTRACTOR 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. TR TYPE OF INSURANCE ADDL UB POLCY EFF POLICY EXP IN POLICY NUMBER M LIMITS A X COMMERCIAL GENERAL LIABILITY x X CA00004513601 Q21/2023 04/21/2024 pEAACµH�OECTCURRENCE $1 0�0000 CLAIMS-MADE ❑X OCCUR PREM�ES Ee.R $50 OOO X 5,000 ded Bl,Phy MED EXP(Any one person) $5 000 Dam,Per Ad] PERSONAL 8 ADV INJURY $1 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2 000 OOO X POLICY❑JECT LOC PRODUCTS-COMP/OP AGG $1,000,000 OTHER: $ B AUTOMOBILE LIABILITY 1020117559 1/2023 04121/202 Ea eB dEerDitSINGLE LIMB 1,000,000 Ix ANY AUTO BODILY INJURY(Per person)UTA OS ONLYAUTOESULEDBODILY INJURY(Per accident) $ HIRED ONLY X NON-OWNED AUTOS ONLY PROPERTY DAMAGE $ Per aooklerd $ A UMBRELLA LIAR X OCCUR X X CA00004513601 04/21/2023 M11202 EACH OCCURRENCE $5 OOO 000 X EXCESS LIAR CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$ $ C AND KERS EMPLOYCOMPENSATION S'LIILIT X WC5-33S-38101"19 1/19/2023 01/1 W2024 X PER OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICERIMEMBEREXCLUDED? � N/A E.L.EACH ACCIDENT $ 5000OO (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 500rW H yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Village of Rye Brook 938 King Street Rye Brook,NY 10573 is an additional insured on aprimary and non- contributory basis on the general liability 30-day notice of cancellation affordedto certificate holder,10 days for non-payment ofpremium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Village of Rye Brook THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 938 King Street ACCORDANCE WITH THE POLICY PROVISIONS. Rye Brook, NY 10573 AUTHORIZED//REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S35749643/M35749611 RXTCH