MODIFICATION INSTRUCTIONS FOR HOMEOWNERS TO FOLLOW REGARDING LANDSCAPING MODIFICATION
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1 MODIFICATION INSTRUCTIONS FOR HOMEOWNERS TO FOLLOW REGARDING LANDSCAPING MODIFICATION 1. Homeowner responsibility: a) Please complete the "Request for "Landscaping Modification" per the instructions on the form; b) Please read and sign the Indemnification/Hold Harmless Agreement; c) Issue a check for the deposit (payable to the Westhampton Pines HOA, Inc.); d) Upon receipt of your Contractor's completed Certificate of Insurance (per the instructions in No. 2 below) please submit all forms to Island East Management, Inc. by US mail, or with all attachments; 2. The Contractor you engage must submit a Certificate of Insurance to you. To expedite your request, please provide your Contractor with the "Instructions" and sample Certificate of Insurance to present to his insurance agent. It is important that you please point out to your Contractor the following: a) The specific wording requested and highlighted in the sample "Certificate" shown by the two asterisks; b) All sections that state "Must Be Completed" are to be provided by the insurance agent. 3. When your Contractor returns the Certificate of Insurance to you, please review the Certificate to be sure all sections indicated "Must Be Completed" are in fact completed and that the specific wording requested in the "Description of Operations" and "Certificate Holder" sections in the lower section of the Certificate are included. (Before submitting your Modification package to Island East Management, Inc. please be sure that all of the above are in compliance with these instructions, including the Contractor's Certificate of Insurance. If any of the forms are incorrectly completed, this will delay your approval.) WESTHAMPTON PINES HOA, INC. c/o Island East Management, Inc. 535 Broadhollow Road, Suite A-15 Melville, New York Phone (631) Ext. 365 Fax (631) Name: Address: Contact Information - Day: Evening: cell: REQUEST FOR LANDSCAPING MODIFICATION
2 Brief Description of Proposed Work: PLEASE ATTACH SKETCH AND/OR DRAWINGS REQUIRED: Completed Modification Request with attached Plans, including Specifications (specie of each planting) (Photographs are not an acceptable substitution) Escrow deposit in the amount of $ for compliance and completion (payable to Westhampton Pines HOA, Inc.) (Refundable upon notice of completion, inspection and approval) Indemnification and Hold Harmless Agreement Attached Contractors Certificate of Liability Insurance, etc. (Per sample with precise wording requested by the Board) Note: This document is not considered complete unless the above information appears. BOARD USE ONLY: Approved Denied Comments: WESTHAMPTON PINES HOA, INC. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT/LANDSCAPING Name(s): Date; Address: Phone: Description of proposed modification: (Request contractor to attach sketch showing layout, number of shrubs/bushes being planted, specifications and species of the new plantings.)
3 The above Homeowner(s) have requested permission to modify the common area as described above and the Board of Directors wish to be indemnified and held harmless for any damages, which may be caused by the Homeowner(s) modification. It is now, therefore, mutually agreed that: 1. Permission is hereby granted for the thirty (30) day period, commencing with the issuance of an HOA approval letter to perform the work pursuant to the application received. The undersigned Homeowner(s) understand that they will be responsible for any and all damages and repairs that may be necessary, including, but not limited to the sprinkler system, cable TV, underground utilities, plumbing pipes and/or water main which may affect Homeowner(s) unit, the roof-mate's unit, or any adjacent homeowners as a result of this modification. 2. The homeowner(s) agree to indemnify and hold harmless the Westhampton Pines HOA, Inc., its Board of Directors, its members and officers, Island East Management, Inc. and all Homeowners from and against any liability and from any claims, which may be made by reason of property damage to any of the common areas or personal injuries resulting from the landscaping renovation as approved by the Board of Directors. 3. In the event the Association must institute legal action for any reason associated with this Agreement, the Homeowner(s) agree that they will pay all costs of litigation, including court fees, attorney fees, etc., as a result of legal action. 4. In the event that the homeowner(s) siding and/or decorative stone should become mildew and/or discolored as a result of any of the plantings, or if the shrubbery should cause any damage to the siding and/or structure during the planting, or in the future, as a result of growth, the Homeowner(s) shall be responsible and reimburse the HOA to clean any mildew, and/or repair or replace any siding or damage to the structure as a result of the plantings and/or over-growth. Homeowner(s) further understand that power washing the siding will negate the manufacturer's warranty by removing the finish applied to the James Hardie siding. 5. It is further understood that the homeowner(s) will be responsible for all future shrub replacements. If homeowner(s) fail to remove dead shrubs after a reasonable time: the HOA shall proceed to remove the dead shrubs and replace them without notification to the Homeowner(s) and said Homeowner(s) shall be responsible for payment of all HOA expenses incurred. In Witness Whereof, the parties have hereto agree to the above and have signed this Agreement on the date above. Homeowner(s): (sign) (sign) Print Name: Print Name: Address: Contractor's Name: License #: Note: No Homeowner will make any change pursuant to the By-Laws of Westhampton Pines HOA, Inc., Article XVI, Section 3 in or to the Properties or any Home without first obtaining and maintaining during the course of said work such insurance as the Board of Directors may reasonably prescribe and providing the Board with a Certificate of Insurance prior to the commencement of the work containing the specific wording and coverage as requested by the Board.
4 INSTRUCTIONS TO CONTRACTOR Please present the "sample Certificate of Insurance" to your insurance agent and request to please comply with the following: 1. Provide the information in all four sections marked "Must Be Completed"; 2. The "Description of Operations" section must contain the specific wording highlighted and marked with an asterisk; and 3. The "Certificate Holders" section must contain the names highlighted and marked with an asterisk. Thank you for your cooperation.
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