HOLD HARMLESS INDEMNIFICATION AGREEMENT  THIS AGREEMENT, made this E day of marth 2023, by and between  HANOVER TOWNSHIP, a second class township of Northampton County, Pennsylvania, with an address at 3630 Jacksonville Road, Bethlehem, Pennsylvania, 18017 ("Township") and JUSTIN R SCHNECK AND LAUREN SCHNECK, adult individual residing at 5757 Monocacy Dr, Bethlehem Hanover Township, Northampton County, Pennsylvania, 18017  ("Owner").  RECITALS  A. Owners propose to install a fence (the "Structure") on the property located  at 5757 Monocacy Dr, Bethlehem, Pennsylvania also know as tax parcel number L6-15-0010-  0016 (the Premises").  B. A plot plan of the Premises and the proposed location of the Structure is  attached as Exhibit"A".  C. The proposed Structure will encroach into the ten (10) foot Drainage and  Utility Easement ini the side and rear yard located on thel Premises (the Easement").  D. In order to place the Structure within the Easement, the Owner need the  permission of the Township. The Township is willing to consent to the placement of the Structure in the Easement, upon satisfaction by Owners oft the conditions set forth herein.  NOW, THEREFORE, for and in consideration of the mutual promises and  covenants contained herein, AND INTENDING TO BE LEGALLY BOUND, the parties hereto  agree as follows:    1.  All "RECITALS" are. hereby incorporated by reference as ifthe same  were fully set forth here.  2.  The Township hereby agrees to consent to the placement of the  Structure ini the Easement oft the Premises upon the satisfaction oft the conditions set forth below.  3.  Asacondition for approval and consent by the Township as set forth  inj paragraph 2 above, Owners, for themselves and their heirs, successors, executors, administrators and assigns, hereby agree to hold the Township harmless and indemnify the Township from and against any and all claims, actions, damages, suits, expenses (including attorney's 's fees), liabilities and the like, in law ori in equity, and ofa any kind and nature, in connection with loss of life, personal injury and/or damage to property to any person arising from or in any way, directly or indirectly, associated with or caused by Owners' placement ofor the existence oft the Structure ini the Easement oft thel Premises, including, but not limited to, loss oflife, personal injury and/or damage to property caused by the improper construction and/or  maintenance oft the Structure.  4.  Ini the event the Township is made aj party to any litigation commenced  by or against the Owners in connection with the placement of or the existence oft the Structure, then the Owners shall protect and hold harmless the Township and shall pay all costs, expenses, and attorney' 's fees incurred or paid by the Township in connection with any such litigation.  rmwshisemade  2    5.  Thej parties hereto acknowledge and agree that the Township's consent  isc conditioned upon the consent to the placement oft the. Structure by any and all utilities utilizing  the Easement.  6.  The parties hereto acknowledge that this Agreement is conditioned  upon Owners obtaining the permission of adjacent landowners as to the placement oft the  structure, as may be: required under the current Township Ordinance.  7.  The parties hereto acknowledge that the Township retains discretion to  require the removal of the Structure, in whole or inj part, from the easement of the Premises if, in the sole opinion oft the Township, the structure interferes with drainage on the Premises or on the  Property ofsurrounding landowners.  8.  This Agreement shall run with the land and shall be binding upon the  Owners, their heirs, successors, executors, administrators and assigns, and shall inure to the  benefit oft the Township.  9.  This. Agreement, or any part thereof, shall not be construed against any  party hereto, due solely to the fact that the. Agreement, or any part thereof, was drafted by such  party.  10.  Owners shall immediately upon request pay all Township costs in  connection with the Owners' request, including, but not limited to, attorney'si fees, engineering  fees and administrative expenses.  PsN.INAe  3    IN WITNESS WHEREOF, the parties hereto have set forth their hands and seals  on the date first above written.  ATTEST:  HANOVER TOWNSHIP, Northampton County, Pennsylvania, a second class township  By:  By:  JOHN N. DIACOGIANNIS, Chairman Board of Supervisors  WITNESS:  C Byc  Justin R Schneck  Fis  mury Bonuck  Lauren Schneck  pssANa.inSS  4    COMMONWEALTH OF PENNSYLVANIA COUNTY OFNORTHAMPTION ONTHIS, the  ) )ss: )  day of  2023, before me, the subscriber, a  Notary Public: in and for the: said County and State, the undersigned officer, personally appeared JOHN N. DIACOGIANNIS, who acknowledged himselfto bet the Chairman ofthe Board of Supervisors ofHanover Township and that he as such Chairman, being authorized to do SO, executed the foregoing instrument for thej purposes therein contained by signing thei name oft the  corporation by himself as Chairman.  IN WITNESS WHEREOF, Ihave hereunto set my hand and official seal.  NOTARY PUBLIC  COMMONWEALTH OFI PENNSYLVANIA COUNTY OFNORTHAMPTON  ) )ss: )  ON THIS, the isH day of Mavch  2023, before me a notary public, the  undersigned officer, personally appeared JUSTIN R SCHNECK ANDI LAUREN SCHNECK, known to: me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the: same for the purposes therein contained.  INWITNESS WHEREOF, Ihereunto set my hand and official seal.  Commonwealth of Pennsylvania -Notary Seal Jessica Soiliday, NotaryPublic Northamptond County My commissione expiresN May27,2024 1242387 Commissiont number Association of Notarles Mentber, Pennsylvanla  Souraidicoy NOTARYP PUBLIC  PtsaASameNAS  5    PLOT PLAN  Outline the: shape ofi thel building lot, show dimensions, and! locate NORTH point. Outline building to be constructed, designate any other building on the same! Plot andi indicate existing or proposed uses, show dimensions, shows set backo of fronty yard, rear yard, ands sidey yards, also locate watera ands sanitary services. Identify property from deed. Also showa and designate any right-of-way ore easement oni this Plot.  Plot plan can! be prepared on as separate sheet asl long ast the above requirements are met.  lo'seHaask  IMIULL L61510-17 SIDE YARD SETBAÇK 9.0'  NT  G7 26  PARCEL L6 15 10-16 0.367 AC.t 15,984 S.F.t  a)  4'Single Gate REAR YARD  SETBACK 40.0'.  DISTURBANCE 0.11 ACRES  8'D Dauble Gate  EXISTING MAC. PAVEMENT TO BE REMOVED 2_Story Frame Dwelling #5757 STOCKPILE (TYP.)  FRONT SETBACK YARD 35.0'  395.25  Z -11  14.3  35.6'  12". COMPOST FILTER SOCK *  Connacted on Property! withl Line Fence 5753 Monocacy Dr O'selback  4'Singlgeunter SIDE YARD  EXISTING DRIVEWA A: USED CONSIRI  G EIV E FEB 21 2023 ANOVERTOWNSHIP  Satisfactory evidence exists ini thet fieldi for thel location oft this lota andi its boundaries including the streetlinea and plotplanabove,or attached, satisfactorily indicates plot described." Toi insurei thel location oft thel lot, the! Building Inspector may require al lots surveybya  Registered Surveyor.  Signature of Zoning Administrator or Building Inspector required for BuildingPemitonly-  Ther municipality assumes no responsibility for grade ofs street unless suchgradel hasi been established: andi is on record.  Revised 12-08    A.E.B. AMUSEMENTS 1400 MORVALE ROAD EASTON,PA 18042-6852 PHONE 610-252-2551 E-MAIL AEBCAENYAL9AOLCOM  s   This contract made and entered into this the 3 dayo of macelt A.D. 20.23, byand between, AE.B. part"). Witnessed: That for and in consideration ofthe sum of Onel Dollar, each paid int the hand ofthe other, the receipt ofwhichi isl herein acknowledged, and other good and valable consideration whichi isl herein afler set forth, both That thej party ofthe first part àgrees to; present theirriding devices, concessions, games and other needed and complimentary support equipment int the city of PApelg TOMhEYA for aj period of 4 days and nights, commencing. provide; Ride" Tickets and a" Ticket Booth with signage for such. Advertisement postersalso available, upori request. That the party ofthe second part hereby agrees to furnish; alll licènses and taxes that may be required byl law, 24 hour electric current (tol bed delivered to a central location) tol be used as needed of at least 50amps, 220v., water. hook- up, restrooms (all ofwbichto, bey provided no later than the moming after our arrival), and a suitable grounds location charged, free: admission shall be giranted to alli involved with the party ofthe first part. All office owned rides, shows,. concessions, and minor privileges shall be uder control ofther management ofthej party oft the first part. That as çonsideration: for the above mentioned, the party ofthei first part agrees to pay thej party ofthe: second part as sum of 20 percent ofthe receipts ofall: shows and rides, also a flat sum ofs for each concéssion unit. Payments tol bei made on shows and rides at thè close ofeach days busmess, and on concessions no Jater thant the end of That the party ofthe: second part further agrees to use their influence to prevent other like attractions from Iti isr mutually agreed, that ifthey party ofthe.first part fails to appear int thes city ofthe party ofthe second part, with all or any part ofit's equipment, duet to an ACTOF GOD or any unforseen circumstances, over whichi the party of the first part has no control, then they are not Fable for any damages to the party ofthe second part. That iti is agreed hy! both parties hereto that there is no other contract or promise either written or verbal, existing between them, and this contracti is subjected tot the approval ofthel Manager either by mail or byl his presence.  AMUSEMENTS (the' "party ofthe first part") and BANOVSR TOwshP  (the' "party ofthesecond  parties aforesaid bindthemselves: as follows, to-wit: Jowf 7 20,23 and ending Jowi /o  2023 both dates inclusive. Also, thej party ofthe first part wil  known as Townslip  Also, at ticket seller must bej provided for the days ofthe event. Where admissioni is  the event. :  exhibiting int the aforesaid city until after thei termination oft this agreement.   r.  This contract entered into and signed in duplicate int the city of  PA this the  day of  A.D.20 byt the duty ofthe authorized: representatives ofthe parties hereto. This date to be known and advertised, as: Junz 7-10 30093. MIDWAYPROVIDED BY: A.E.B. AMUSEMENTS 610-252-2551  BY: C1SR  -GENERAL: MANAGER, A.E.B. AMUSEMENTS  BY: WITNESS PRESENT WITNESS! PRESENT  BY BY_  PARTY OF THE SECONDI PART PARTY OF THE SECOND PART  **** ANY ADDTTONALIMPOATANT INFORMATION ONI REVERSE SIDE****    POP CORN, COTTON CANDY, CANDY APPLES, ETC. CONFECTION STAND- FREE TO THE  PARTY OF THE FIRST: PART /ot RIDES SmiAR GAMES  SINDWICH TRGILL  OTHER FOOD: FUpwAL CAICS  RRANcH FRY.  bedasspay  RIDE/FAMILY SPECIALS: t29 RIPES  b-Close TIu2SDay  '20s SRSBANDS  SPECIALINSTRUCTIONS:  NO OTHER MECHANICAL. AMUSEMENT RIDES SHALL: BEI PRESENT/OPERATING ATTHIS EVENT. NOOTHER PROFFESIONALFOR PROFIT GAMES OR FOOD OPERATORS SHALLI BE. AT THIS EVENT WITHOUT: ETTHER; PREVIOUS. APPROVAL OR CONSULTING WITH. A.E.B: AMUSEMENTS OR PRIOR OPERATION. ATANEVENTTHA1 ALL: SHALL TRYTHER. BESTNOT TOBE CONFLICTING WITHFOODITEMS. AND/OR GAMES INI DESIGN, QUESTIONS OR CONCERNS SHOULDI BE. ADRESSED IF AND. AS SOON ASANI ISSUE MAY ARISE.  WE. ARENEWLY) PROVIDING FOR.  ANY OTHER INFORMATION:    AGREEMENT  ARTICLES OF AGREEMENT, Made this 144h dayof march 30023 By and Between the HANOVER TOWNSHIP, NORTHAMPTON COUNTY, Pennsylvania, hereinafter referred to as "CLIENT" and H. A. BERKHEIMER, INC., a Pennsylvania corporation, with its principal offices at 501 North Seventh Street, Bangor, Northampton County, Pennsylvania, trading as Berkheimer Tax Administrator" pborkbeiner,  hereinafter referred to as BERKHEIMER"  WITNESSETH:  WHEREAS, The Pennsylvania Municipal Code of law authorizes certain political subdivisions to levy, assess and collect a Real Estate Tax as herein with more particularity specified,  generally and hereinafter referred to as the Real Estate Tax; and  WHEREAS, CLIENT by Resolution and/or Ordinance, has levied, assessed and provided  for the assessment, billing and/or collection ofal Real Estate Tax; and WHEREAS, BERKHEIMER provides billing services; and  WHEREAS, CLIENT has accounts outstanding for Real Estate Taxes and desires to have  same billed; and  WHEREAS, CLIENT and BERKHEIMER have negotiated an Agreement whereby and whereunder CLIENT will hire BERKHEIMER as Deputy Tax Collector to collect the Real Estate Tax levied by CLIENT and bill individuals within CLIENT'S area: for Real Estate Taxes; and  NOW,THEREFORE, in consideration ofthese understandings, covenants and agreements, the parties hereto, each intending to be legally bound hereby, do covenant and agree as follows:  1.  CLIENT does hereby designate and employ BERKHEIMER as Deputy Real Estate  Tax Collector for CLIENT.  2.  BERKHBIMER agrees to:    a. b. real estate taxes.  Provide, at its sole expense, the Real Estate tax bills for the CLIENT, printing  information updated byt the assessor or other duly charged CLIENT appointee.  Provide all forms, envelopes or other printed matter necessary to collect CLIENT's  Convert the Reall Estate tax file from the existing source thatmaintains thei information  to its own files on an annual basis, if required. If BERKHEIMER must obtain the CLIENT's Real Estate tax file from any source that imposes a charge or fee for that file, CLIENT shall be liable for  the said file charge Or fee.  e. f. g. h.  Maintain the CLIENT Real Estate tax file on a daily basis.  Post all payments, remitting and reporting the taxes collected on a monthly basis. Provide "Tax Certification" service as required. This service will be provided to the  requesting party for a fee of $20.00 payable to and: retained by Berkheimer.  Notify each delinquent taxable of the amountoft ftax due,i ift thej propertyl has notalready  been liened, using two mail notifications.  &. h.  Attempt personal contacti ifi mail notifications are not received by the delinquent. When deemed necessary, establish partial payment schedules for delinquents and  notify delinquent individual ofl broken partial payment schedules.  i. when paid in full. j.  File liens on delinquent tax parcels and satisfy liens at the office oft the Prothonotary  Report to the CLIENT quarterly on the status of all accounts. List will reflect all  accounts originally billed, interim billings, accounts paid and timing of payments (Discount, Face or  penalty period). k. enumerate all charges.  Provide a monthly billing of charges for all services rendered. The billing will  2    3.  Compensation.  CLIENT agrees to compensate and reimburse  BERKHEIMER for all of BERKHEIMERS services and for all materials furnished including, but not. limited to, expenditures made by BERKHEIMER for equipment, supplies, personnel and related expenses in an amount equal to One and Fifty One Hundredths ($1.50) Dollars per. Real Estate Tax bill printed by BERKHEIMER plus postage; One and Fifty One Hundredths ($1.50) Dollars for interims plus postage; and Fifty One Hundredths ($0.50) Cents for each Reminder Notice printed by BERKHEIMER excluding postage; which compensation and reimbursement shall be  known as BERKHEIMERS commission."  This commission rate shall be effective throughout the term of this Agreement. This commission rate shall be effective throughout the term of this Agreement except in the event ofa change in the rate oft the tax levy or any event described herein as "Force Majeure." In the event of such change in the rate of the tax levy Or a. Force Majeure event that shall occur for more than thirty (30) days, the rate of commission shall be immediately open for negotiation and be considered as a  change in the terms oft the agreement.  CLIENT agrees to pay BERKHEIMER such commission not later than the fifteenth (15") dayf followinge each monthly reconciliation payment by BERKHEIMER to CIIENT.BERKHEIMER shall have the right to increase its fees on an annual basis as necessary; however, said increase of fees will: not exceed five percent (5%) per year. Should CLIENT fail to pay BERKHEIMER's: invoice. for service charges when due, BERKHEIMER shall have the right to add and CLIENT shalll be liable for interest at the rate of one and one- half percent (1'%%) per month on any principle amount due and outstanding by CLIENT. CLIENT shall be liable for all postage charges incurred by BERKHEIMER. BERKHEIMER must obtain the CLIENT's Real Estate taxi file: from any source that imposes a charge or feei for that file, CLIENT shall bel liable fort the said file chatge  or fee.  3    4.  Client Contact.  CLIENT agtees to appoint a specific individual or individuals  as its authorized representative to make requests upon and receive any and all tax information and records from Berkheimer, relative to the collection of taxes for CLIENT, as desired and deemed necessary by CLIENT, to be used: for official purposes only. The CLIENT's contact shall be the duly  elected tax collector and treasurer oft the CLIENT.  5. Duties of Client. CLIENT, through the CLIENT's contact, expressly agrees to  do the following  (a) at its sole expense, publish all legal notices requited to be published in any  newspaper of general circulation and/or in the necessary legal journals by the laws of the Commonwealth of Pennsylvania in the enactment and/or administration of the CLIENT's tax  enactment;  (b) provide BERKHEIMER with its mosti recent tax records and tax: rolls; (c) provide to. BERKHEIMER information sufficient toi maintain and update said  tax records and rolls. The parties agree and acknowledge that BERKHEIMER shall use its best reasonable efforts to update CLIENT's tax rolls during its tenure as Tax Officer/collector, using those resources available toi it; however, CLIENTbears the ultimate: responsibility for updating said tax rolls;  (d) provide to BERKHEIMER all necessary appointment resolutions,  confidentiality resolutions, tax enactment and other documents not previously identified herein for  the collection oft the Real Estate Tax;  6. Audit. Except as set forth in this provision, Or as otherwise required by law, BERKHEIMER shall not be required to cither submit to or provide for any other type of audit or inspection of tax collection records. Notwithstanding the foregoing, nothing in this provision shall prevent or preclude CLIENT from obtaining copies ofi its tax records from BERKHEIMER vis-à-vis  CLIENTS appointed liaison.  4    7.  Non-liability of Berkheimer. & Disclaimer.CLIENT shall hold harmless and  indemnify BERKHEIMER from and against any and alll loss, damage or claim for actual or attempted  Real Estate Tax collection(s) arising from:  (a)  incorrect, illegal or improper tax records submitted by CLIENT to  BERKHEIMER;  (b)  incorrect, illegal Or improper tax information submitted by taxpayers and/or  employers located within CLIENT's jurisdiction, to. BERKHBIMER;  (c)  incorrect, illegal or improper tax information submitted by any other source to  BERKHEIMER, including without limitation, another tax collector or taxing district, upon which  BERKHEIMER can reasonably be expected to rely upon;  (d)  the withholding of correct, legal or proper information by CLIENT from  BERKHEIMER;  (€)  the withholding of correct, legal and proper information by taxpayers and/or  employers located within CLIENT's jurisdiction, from BERKHEIMER; and  ()  the withholding of correct, legal and proper information by any other source  from BERKHEIMER, including without limitation, another tax collector or taxing district, upon  which BERKHEIMER can reasonably be expected to rely upon.  CLIENT's liability under this paragraph shall be limited by Berkheimer's negligence,  gross negligence and willful misconduct: in performing its duties under this Agreement.  BERKHEIMER does not expressly or impliedly guarantee to CLIENT that it will  collect a sum certain for CLIENTin: any given tax year. BERKHEIMER shall not be responsible to defend Or uphold the validity, legality, or constitutionality of CLIENT's Real Estate Tax Ordinance/Resolation except to the extent that the legality of same is challenged in response to a collection suit filed by BERKHEIMER for and onl behalfofCLIENT. Tot the extent. BERKHEIMER advises CLIENT of any errors which it may discover committed in the collection of CLIENT's Real  5    Estate Tax prior to BERKHEIMERS tenure as. Real Estate Tax officer/collector, including but not limited to errors. in tax distributions and/or inaccurate tax records, which may have been caused or created by the CLIENT or its duly elected Ot appointed officials, agents Or tax collectors, past or present, and to correct said errors to the best of its ability and to the extent that BERKHEIMER is required to correct said prior collection errors, CLIENT hereby indemnifies BERKHEIMER from and against any and all loss, damage or claim relative to uncollected tax revenue caused by said prior collection errois and/or BERKHEIMER'S inability to cOirect same. BERKHEIMER shall not be ultimately responsible for the maintenance Or update of and does not guarantee the accuracy of  CLIENT's tax rolls.  BERKHEIMER DOES NOTI MAKE. ANY: EXPRESS OR IMPLIED WARRANTY  OFANY KIND. SPECIFICALLY, THERE IS: NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABIITY ORFITNESS FOR. A PARTICULAR PURPOSE FOR THE SERVICES  TO: BEI PROVIDED HERBUNDER.  BERKHEIMER shall not be responsible for delay, non-delivery Or default in the  performance of services under this Agreement in whole or in part if occasioned by strikes, War, riot, or revolutions, or for any delay in transportation due to demands or embargoes of the United States Government, or any other government, Or non-delivery Or delay because of fire, flood, drought, accidenty,insurrection, lockout, breakdown ofr machinery, commandeering ofv vessel catryinggoods, or from loss or damage in transit, or detention or delay of vessel, resulting directly or indirectly from an act ofGod, perils of the sea, stoppage oflabor, shortage of cars, or by refusal of any necessary license or goveroment restrictions considered as "Force Majeure," or by any other unavoidable cause at any stage ofo collections Of disbursement ofmonies collected otherwise beyond BERKHEIMER'S: control.  BERKHEIMER shall not be liable for any requested and proven taxpayer refunds or  interest thereon. Neither shall BERKHEIMER bel liable to CLIENT for indirect, special, incidental, exemplary, consequential, or any other form of monetary damages, including without limitation, lost  6    revenue, or for the loss of data O1 information of any kind, however caused, and arising out of ori in connection with the performance of BERKHEIMER, or the provision of services Or performance hereunder, whether based in contract, tort or any other legal theory, and whether Or not BERKHEIMER has been aware of the possibility of such damages. Any damages not excluded by this provision Of the Agreement in general shall be limited to proven direct damages that CLIENT  shall have the duty to mitigate.  8.  Renewal. The covenants and provisions of this Agreement shall bel binding for  the period beginningJanuary 1, 2023, and ending December. 31, 2028. Either party may terminate this Agreement at the expiration of the term created herein by giving to the other written notice ofits intention to do sO at least ninety (90) days prior to the actual ending date of the current term of appointment; however, in default of such notice, this Agreement, with all the conditions and covenants thereof, shall continue ini full force and effect for the additional period of one (1) year and sO on for one year periods thereafter until terminated by either party giving to the other ninety (90) days written notice ofintention to terminate said Agreement prior toi the expiration oft the then current term. In the event of termination of this. Agreement, either at the expiration ofi initial collection term or subsequent renewal terms, BERKHEIMER shall complete, and have the opportunity and right to complete its tax collections for the then current term and shall be compensated accordingly under the  terms oft this. Agreement. 9.  Records.  BERKHEIMER shall deliver to CLIENT alphabetical lists of all  taxpayers located in the CLIENT's jurisdiction and reports of payments posted by BERKHEIMER during the preceding tax year within a reasonable period of time after the termination of this Agreement. In the event of termination oft this Agreement, either at the expiration ofinitial collection term or subsequent renewal terms, Any taxpayer account(s) under or subject to civil or criminal litigation commenced by BERKHEIMER, wage gamishment,and/or; payment plan, shall remain with BERKHEIMER until such collection action is completed and BERKHEIMER shall be compensated  7    for such collections pursuant to the terms of this Agreement. BERKHBIMER shall have the right todeliver said information to CLIENTin ai form its SO chooses and mutually agreeable to both parties. In the event that the parties cannot agree upon an acceptable format to deliver said records, BERKHEIMER shall deliver said records in: a universal computer, Delimited, flat data file. Moreover, in the event said records or information are contained within and made a part of similar records relating to the collection of taxes of other political subdivisions whose taxes are also collected by BERKHEMER, then in that event, the CLIENT shall not be entitled to receive non-CLIENT records. However, CLIENT shall have the right to make copies ofs said tecords Ot to examine same in the office of BERKHEIMER for thej purpose of obtaining such information as it relates solely and exclusively to the collection of the tax from taxpayers of CLIENT. BERKHEIMER shall not be required to deliver to CLIENTany source documents such as taxpayer returns Or filings. In no event shall BERKHEIMER be required to deliver said information/records to any person or entity other than to CLIENT, including but not. limited to any successor tax collectors. Computer hardware and software utilized by BERKHEIMER in the tax collection process is, and shall remain, the exclusive  property of] BERKHBIMER  10. Tax Enactment/Regulations.  Incorporated by reference into this Agreement  ist the CLIENT's Real Estate Tax Resolation/Orinance and other pertinent materials relating to the Real Estate Tax as adopted from time to time by CLIENT. Concurrently with the execution hereof, CLIENT has delivered to BERKHEIMER a copy of the Real Estate Tax Resolution and/or Ordinance of CLIENT, oft the Resolution and/or Ordinance approving these. Articles of Agreement and appointing BERKHEIMER as Tax Officer/Collector, and other pertinent materials relating to the Real Estate Tax of CLIENT. In the event that the CLIENT's tax enactment is declared invalid or repealed for any reason whatsoever following the execution of this Agreement, CLIENT shall remain liable tol BERKHEIMER for any and all reasonable costs and expenses incurred and collection fees for services rendered by BERKHEIMER in the collection oft the Real Estate Tax until such time  8    that the alleged invalidity has been finally adjudicated or such repeal finalized. Ifany provision oft the CLIENT's tax enactment is challenged in a court of competent jurisdiction, BERKHEIMER shall be permitted to continue with its collection efforts until final adjudication, unless otherwise enjoined by the court. CLIENT approves and adopts all rules and regulations promulgated by BERKHEIMER for purposes ofadministration oft thel Real Estate Tax. CLIENT: agrees to deliver to. BERKHEIMER, within thirty (30) days after enactment, all amendments to the Real Estate Tax Resolution and/or  Ordinance and to the rules and: regulations pertaining thereto.  11. Miscellaneous Charges. In addition to the aforestated commission, the costs of collecting delinquent taxes incurred by BERKHEIMER may be assessed to the taxpayer and retained by BERKHEIMER as allowed by law. CLIENT shall be solely responsible for and fully reimburse BERKHEIMER for all costs ofa any legal proceedings undertaken to administer, enforce or otherwise collect Real Estate Tax. AtCLIENT's election, CLIENT shall make available at CLIENT's expense, the CLIENT's solicitor for purposes of conducting any legal proceedings on the CLIENT's behalf and: related] legal reptesentation. Additionally, thej parties acknowledge and agree that BERKHEIMER is authorized to retain excess bank earning credits to offset any bank item processing fees incurred by  BERKHEMER.  12. Interest.  Notwithstanding any other provisions of this Agreement, the parties  agree and acknowledge that any monies that remain unidentified or aret tol be: forwarded to other taxing districts may be held by BERKHEIMER in an interest bearing account until CLIENT Or BERKHEIMER determines where said monies should be paid. Any interest accrued on such funds shall be: retained by BERKHEIMER asi its compensation for thel handling, processing and distribution  ofs such funds with no additional charge being made to CLIENT for this service.  13. Non-Competition. During the Term of Appointment: tand/orany renewal thereof, and for the two (2) year extension period thereafter, CLIENT agrees not to solicit or hire for employment any current or past employee of BERKHEIMER for services as an independent  9    contractor, employee of otherwise in such a capacity that competes with the services and/or business  OfBERKHEIMER  14. Dispute Resolution. Any dispute, controversy or claim arising out of or under this Agreement or its performance shall first be negotiated by the parties, and if an acceptable resolution does not result, shall be submitted to the Courts of Common Pleas of Northampton County,  Pennsylvania for resolution.  15. Breach ofContract. Ifa a party breaches any material term of this Agreement and fails to remedy the breach within sixty (60) days of receipt of written notice from the non-breaching party, the non- -breaching party may terminate this Agreement for cause. Any other claims for damages resulting from the alleged breach must be handled through the dispute resolution process set forth in  paragraph 14 above.  16. Effect ofTermination.  In the event that this Agreement is terminated at the  end ofany' Term of Appointment or renewal thereof, and upon BERKHEIMERS completion ofits collections, no term, right, Of duty imposed by this Agreement upon a party, with the exception of those rights contained. in paragraphs 9, 13a and 141 pertaining to tax collection records, CLIENT's. non- competition with BERKHEIMER and the dispute resolution process, shall be deemed or construed  to survive the termination oft the. Agreement as a whole  17. Notices.  Any notice given hereunder by either party to the other shall in writing  and shall be deemed given when delivered personally 01 five (5) days after being sent by certified mail,  return reciptrequested, as follows  Iftothe CLIENT: Jay Finnigan, Township Manager Hanover' Township 3630] Jacksonville: Rd Bethlehem, PA 18017-9302  10    Iftol BERKHEIMER: 501 North Seventh Street Bangor, PA 18013 Attention: Client Services Department  18. Miscellaneous.  In the event that any phrase, clause, sentence or paragraph of  this Agreementi is declared invalid by any court of competent jurisdiction, this Agreement shall survive such declaration ofi invalidity as regards all portions of the Agreement not specifically declaredi invalid. Thel headings containedi in this Agreement arei fort the convenience oft the parties only. This Agreement shall be deemed to have been made under and shall be governed by the laws of the Commonwealth of Pennsylvania. This Agreement represents the entire Agreement between the parties and any modification ofs same must bei in writing to be valid. This Agreement shall binding upon and inure to  the benefit oft the parties hereto and their respective successors and assigns.  11    IN WITNESS WHEREOF, the parties have executed this Agreement the day and year as  above written.  H.A. BERKHIEIMER, INC.  HANOVER TOWNSHIP, NORTHAMPTON COUNTY  BY: Patricia A. ht  Mellamaa McNamara, President  BY:  John N. Diacogiannis, Chairman - Board of Supervisors  ATTESY: BY: K  My  BY: Secretary  SecretafTreasurer  Christina M. Thomas, Township  berkheimer  AS/  12    HANOVER TOWNSHIP, NORTHAMPTON COUNTY  RESOLUTION2 2023-14  Al RESOLUTION OF HANOVER TOWNSHIP, NORTHAMPTON COUNTY,PENNSYLVANIA,  PERMITTINGTHE, DISPOSALOFI MUNICIPALASSETS  WHEREAS, Hanover Township owns assets to perform the general operational functions of a WHEREAS, from time to time these assets become expendable due to the cost of repair; and WHEREAS, the Township wishes to dispose of these assets with value, through posted public  municipal government; and  bidding, sealed bid, or auction for listed items; and  WHEREAS, the Township wishes toj properly dispose of property having value,  ITEMS  2005 USA Water Pool Slide with pump  Life Guard Stands Diving Board Miscellaneous pool items  NOW' THEREFORE, BE: ITRESOLVED AND ITIS: HEREWITH RESOLVED, as follows:  SECTION1. All "whereas" clauses are: incorporated herein by reference.  SECTIONI II. The following is al list of property, with: no value, that is to bej properly disposed of: APPROVED. AND, ADOPTED: as al Resolution ofthe Township ofHanover this 14TH day ofl March  2023. ATTEST:  HANOVER TOWNSHIP BOARD OF SUPERVISORS  By:  By:  Christina M. Thomas, Secretary Board of Supervisors  John N. Diacogiannis, Chairman Board of Supervisors    DocuSign Envelope ID: BA7CECB3-8242-4795-88F4-52EC9BC727F6  COLUMBIA PACIFIC ADVISORS  March 7,2023 Hanover Township Northampton County 3630. Jacksonville Rd. Bethlehem, PA 18017 Attn: Christina Thomas  RE: Hanover Senior Living Development Plan Extension  Dear Christina,  Our company, Columbia Pacific Advisors, LLC on behalf of our development entity Columbia Wegman Hanover, LLC, (Developer) of Hanover Senior Living located at 4700 Bath Pike is requesting an extension be granted for the improvements deadline at the City's request. We request the deadline be extended to. June 28, 20231 to ensure plantings  are established and to complete the paperwork associated with these improvements.  Respectfully, Docusignedby: Peter T.. Aparico C Managing Director Columbia' Wegman Hanover, LLC  1910 Fairview, Avenue East, Suite 200, Seattle, Washington 98102 . P:206.728.963-F:206.694.2705