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Building Permit #712-11 - 22 ROYAL CREST DRIVE 4/25/2011
TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit N0: I Date Received ANT: Applicant must complete all items on this 2— Print Print MAP NO: PARCEL: ZONING DISTRICT: Historic District yes no X Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential El New Building Un "V family ❑Two or more family ❑Industrial El Addition ❑ Commercial ❑ AlterationNo. of units: ❑Assessor Bid Others: ❑ Repair, replacement y g [IDemolition ❑Other 'atershed Dis ct plan . ' ®Wetlands k� DESCRIPTION OF WORK TO BE PERFORMED: (Identif cation Please Type or Print Clearly) Phone: OWNER: Name: Address CONTRACTOR Name: Thomas H 01Kinnal Phone: 978-360-0051 - Address: 286 Broadway, HaverhillEx Date: 6/20/2012 Supervisor's Construction License: CS 82747_ p Home Improvement License: Exp. Date: ARCHITECT/ENGINEER Phone: - Address: Reg. No. FEE SCHEDULE. BilLDlniu FERPJIIT: $42.00 PEP. $9000.00 OF THE TOTAL ESTIMATED COST BASED ON $425�ER S.F. Project Cost: FEE: $ �° Total Prod Receipt No.: Check No.: NOTE: Persons contracting with unregistered contractors do not have access to the guaranty fund/ Plans Submitted ElPlans Waived F1Certified Plot Plan ElStamped Plans El TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/MassageBody Art ❑ Swimming Pools ❑ Well ❑ Tobacco Sales ❑ Food Packaging/Sales ❑ Private (septic tank, etc. ❑ Permanent Dumpster on Site ❑ THE FOLLOWING SECTIONS FOR OFFICE USE ONLY INTERDEPARTMENTAL SIGN OFF - U FORM PLANNING & DEVELOPMENT COMMENTS DATE REJECTED DATE APPROVED ❑ ❑ CONSERVATION Reviewed on Signature COMMENTS HEALTH Reviewed on Signature COMMENTS Zoning Board of Appeals: Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments I onservation Decision: Comments Nate' & Sewer Connection/Signature Date Driveway Permit )PW Town Engineer: Signature: Located 384 Osgood Street IRE DEPARTMENT -Temp Durripster on site yes no ,ocated at 124 Main Street lire Department signature/date OMMENTS Di Nu To' NO mension mber of Stories:___ Total square feet of floor area, based on Exterior dimensions. W land area, sq. ft.: IMovement of Meter location, mast or service drop requires approval of ctrical Yes No - Inspector iNGER ZONE LITERATURE: Yes No L Chapter 166 section 21A—rand G min.$10041000 fine Building Department The following is a list of the required forms to be filled out for the appropriate permit to be obtained. Roofing, Siding, Interior Rehabilitation Permits ❑ Building Permit Application ❑ Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses ❑ Copy of Contract ❑ Floor Plan Or Proposed Interior Work ❑ Engineering Affidavits for Engineered products )TE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit p Addition Or Decks ❑ Building Permit Application ❑ Certified Surveyed Plot Plan ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract ❑ Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) ❑ Engineering Affidavits for Engineered products rE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application ❑ Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ Workers Comp Affidavit ❑ Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Copy of Contract ❑ Mass check Energy Compliance Report ❑ Engineering Affidavits for Engineered products E: All dumpster permits require sign off from Fire Department prior to issuance of Bldg .Permit ases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals e appeal period is over. The applicant must then get this recorded at the Registry of ][Deeds. One copy and proof of recording e submitted with the building application i )c: Doc.Building Permit Revised 2008mi Location No. Date rr HpRTh TOWN OF NORTH ANDOVER O: �t�•o • 1.yp _ • OL _ - s Certificate of Occupancy $ Must _ Building/Frame /Frame Permit Fee $ 9 Foundation Permit Fee $ Other Permit Fee 1, TOTAL 6YICheck # u 24bb6 Building Inspector VI m X X m m I LO FA cn \ / 0 W 0 C O a*. =r _ dN C m cm, y S'=99 tC T C7 d O N g� N� .Oi .dr m L". T EEL 5 c.. m CD __l OO N O o 5 m OIE = O N 0 C• O H. m C dN .art• m N O N d W N : O to g C2. pr C W r� �7 O - O t® y v, � y � C d OCD 'R- nom., CO)CD !a! Z CA CD O '0 CL r �� CL= y Q. 0 C O eo Osu o CD v � O CL Q d CD CD CD C CDCD CO CO) O I CO CD CO) Cl .0 CD Z O CD O CCD I LO FA cn \ / 0 W 0 C O a*. =r _ dN C m cm, y S'=99 tC T C7 d O N g� N� .Oi .dr m L". T EEL 5 c.. m CD __l OO N O o 5 m OIE = O N 0 C• O H. m C dN .art• m N O N d W N : O to g C2. pr C W r� �7 O - O t® y O � O � C OCD 'R- nom., r CD ®Q o: w CD Cl . r z C) N .rt Q. 0 C O eo CD a CD C)CD N dm: o 'o d� n� C2 o CO: C3 cn O cn p7 El •r7 'R- nom., r na w r z C) (DrD Q. 0 y C 0 0 _• 1 xo ; co I- 2 O � y AZ n h c A ao n — w r-- FQ o A N. V �• 7� d Cl)rf C rf a a � V F3 N •moi —• 23 N r, The Commonwealth of Massachusetts Department of Industrial,Accidents Office of Investigations 600 Washington Street Boston, MA 02111 Vww. mass gov1dia Workers' Compensation Insurance Afffdavit: Builders/Contractors/FIecbricians/Piunbers Applicant J ormation Please Print Legib Name(B.usiness/Organization/Individual): ,c Address: Z [(G i &'4 City/State/Zip: -' l G 41, 14 # 0 ( 9-2 Z Pb one #: 9 71�' :96 G 00-�_ ( Axe you an employer? Check the appropriate box: 11 LX I am a to with emp oyer 4• 1 am a general contractor and I � ❑-� Type ofproject (required): employees (full and/or part-time). 2. ❑ I am a sole proprietor or partner have hired the sub -contractors listed on the attached sheet. T 6. ❑New construction 7• E] Remodeling . ship and have no employees These sub -contractors have 8. ❑ Demolition working for me in any capacity, [No workers' comp. insurance workers' comp. insurance. S. ❑ We are a corporation and its g• Building addition required,] officers have exercised their 10.0 Electrical repairs or additions 3. ❑. I am a homeowner doing all work right of exemption per MGL 11. ❑ Plumbing repairs or additions myself o workers' comp. Y [N p c. 152, 1 (4), and we have no § () 12.[(Roofxepairs insurance required.] t employees. [No workers' 13. F1 Other comp. insurance required.] Any applicant that checks box #1 must also fi1I out the secd below showing their workers' campensafionpoIicy information T Homeowners who submitthfs affidavit indicating they are doing all work and then hire outside contractors must submit anew affidavft indicating sack tContractors that check this box must attached an additional sheet showing the name of the sub -contractors and their workers' comp. policy information. I am an employer that isproviding workers' compensation insuraneefor my employees Below is ihepoticy and job site information. Insurance Company Name: /I Policy ## or self -ins. Lic. #: 4-162-- 315 piration Date: Job Site Address:. _15�b 9 j C_('# �5 OP, City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGI, c. 152 can lead to the imposition of criminal penalties of a fma up to $1,500.00 and/or one-year imprisonment;. as well as civil penalties in the form of a STOP WORK ORDER. and a fine of up to $250.00 a day againstthe violator_ Be advised that a copy ofthis statementmaybe forwarded to the Office of Investigations of the DIA. for insurance coverage verification. I do hereby cert under thepains an penalties ofperjury that the information provided above is ue andcorf ect Si afore: Date: Z� bone 4: 2—Ig--360 60-5- I Official use only. Do not write in this area, to be completed by city or town official City or Town: Permit/License # Issuing Authority (circle one): X. Board ofHealth 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5 Plumbing Inspector 6. Other ContactPerson: Phone M L8/2011 5:02:12 AM PST (GMT -8) FROM: insurancevisions,com-To: 19784541865 Page: 2 of c AC Q® CERTIFICATE OF LIABILITY INSURANCE1 DATE(' =DNYYY) 2/1&2011 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 policy(igs) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorseme s . PRODUCER FRED C CHURCH INC CONTACT NAME: PHONE 978 458-1865 FAX UVC.No 978 454-1865 CONNECTOR PARK 41 WELLMAN ST LOWELL, MA 01851 E-p1AIL ADDRESS: INSUR AFFORDING COVERAGE MAIC tl EACH OCCURRENCE $ NSURERA- Liberty Mutual Group MED EXP (Any one person) $ INSURED THOMAS H KINNAL DBA EAST COAST GENERAL CONTRACTING 286 BROADWAY INSURER 13: NsurrERc: PRODUCTS -COMPIOPAGG $ HAVERHILL MA 01832 INS"RERD: AUTOMOBILE l.lABd(IYeat ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NONOWNED HIRED AUTOS AUTOS NSURER E • "SURER F, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR 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, FXn USIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF NSURANCE DL &IBR POLICY NUMBER �O EFF CYEXP MM DD LiMns GENERAL LIABILITY COMMERCIAL. GENERAL LIABILITY CLAIMS -MADE E-1 OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES a ocaxrence$ MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GBJLAGGREGATE LIMIT APPLIES PER: PRO LOC POLICY 0 PRODUCTS -COMPIOPAGG $ $ AUTOMOBILE l.lABd(IYeat ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NONOWNED HIRED AUTOS AUTOS 1) $ BODILY INJURY (Per person) $ _ BODILY INJURY (Par accident) $ PRtlTY $ $ UMBRELLA LIAO EXCESS LIAB OCCUR CLANS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ $ $ A wORI(ERS COMPENSAnON AND EMPLOYERSLIABILITY Y I N ANY PROPRIETOWARTNERIEXECUTNE rN OFFICERIMEMBER EXCLUDED? (Ldandatory in NH) If yyes, tlesabe under DESGROTnON OF OPERATIONS below / A WC2-31 S-353816-021 2/2312011 2/23/2012 E.L.EACH ACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYE $ 50000 EJ- DISEASE -POLICY LIMIT $ 500000 DFStWTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES fZleah ACORD 101. AddlOonal Remarks Schedule, it more space Is regWred) Workers Compensation Insurance: Part One of the policy applies only to the Workers Compensation Law of the State of MA. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCEWITFITHE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE O 1983-2010 ACOKL7 GUKI'UKA I IUN. All DgntS TeserVea. ACORD 25 (2010105) The ACORD name and logo arse registered marks of ACORD AA�� (,�I L^- DATE (MMIDDIYYYY) � V S U RA, w v E - p2/720„ LIABILITY I CERTIFICATE �F ALTER THE COVERAGE AFFORDEDSURER(S)TAU AUTHORIZED F INFORMATION ONLY AND CO F RS NO RIGHTS UPON THE BY HOE POLICIES LDER THIS EXTEND OR THIS CERTIFICATE IS ISSUED AS A MATTER O CONTRACT BETWEEN THE ISSUING I CERTIFICATEIS CERT FIICATEFO M NTSURANCI\JOE DOES NOT LCONST CONSTITUTE A be endorseHOLDER-d. If SUBROGATION IS WAIVED, subject to BELOW. T olic ies must REPRESENTATIVE OR RODUU ho , ANDan ADDITIONAL INSURED, the p Y( ) — • If th policies may require an endorsement. A statement on this certificate does not confer rights to the IMPORTANT. policy, certain po the terms and conditions of the p Y+ CONTACT Danielle Plourde, CISR FAX -- (978)(978) 465 NAME: AfC No certificate holder in lieu of such endorsements . PHONE s76 3227172 AIC o Ext: fredochurch.corn PRODUCER Inc. E-MAIL dplourde@ NAIC # Fred C- Church, ADDRESS: 40 Kenoza Avenue INSURER S AFFORDING COVERAGE Haverhill, MA 01830 (800) 225-1865 Peerless Insurance Company _ vacs rnER A INSURED General Contracting Thomas H Kinnal DBA East Coast 286 Broadway INZr —, - - Haverhill, MA 01832-2908 INSURERF: REVISION NUMBER: 17482 CERTIFICATE NUMBER ED HEREIN IS SUBJECT TO ALL THE TERMS, RAGES OF ANY CONTRACT OR OTHEg DOCUMENT WITH RESPECT TO WHICH THIS ERIOD COVE F INSURANCE LISTED BELOW HNVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY H THIS IS TO CERTIFY THAT THE POLICIES O THE IN AFFORDED BY THE POLICIES DESCRIBE LIMITS INDICATED. FLENOT ITHSTANDI OR MAY EPERITAIIMJE TH TERM OR CONDIT) POLICY EFF POLICY EXP CE MMroorrvYY MM,DDIVYYY $ 1,000,000 EXCLUSIONS AND CONDITIONS OF SUCH ADDL POLICIES. RLIMITS SHOWN NUMBE VE BEEN REDUCED BY PAID CLAIMS'EACH OCCURRENCE 100,000 EXCLU sR DAMAGE TO RENTED $ INSR TYPE OF INSURANCE PREMISES Ea occurrence - LTR S 5,000 GENERAL LIABILITY MED EXP (Any one pers_n) ------ S 1,000,000 JURY X COMMERCIAL GENERAL LIABILITY 5-1512011 2115f2012 PERSONAL & A DV I ADE CBP8384091 OCCUR - S 2,000,000 GENERAL CLAIMS-MAGGREGATE.---- . — 2.000.000 A PRODUCTS -COQ AGC'— S t COMBINED SINGLE LIMIT S 1,000.000 GEN'L AGGREGATE PIAEa accident LOC BODILY INJURY (Per person) POLICY RMOITAPPLIESS PER: AUTOMOBILE LIABILITY 2/1312011 20312012 BODILY INJURY (Per acadent) S_ BAS382891 PROPERTY DAMAGE $ ANY AUTO SCHEDULED I per accident S A ALL OWNED X AUTOS AUTOS X NON -OWNED X HIRED AUTOS AUTOS - EACH OCCURRENCE $ __------ AGGREGATE $ UMBRELLA LIAR OCCUR $ .WCORY LAMIL OTBH-- EXCESS LIAO CLAIMS -MADE DED RETENTION S E.L. EACH ACCIDENT WORKERS COMPENSATION- E L pISEASE - EA EMPLOYE AND EMPLOY I LIABILITY YIN ANYPROPR E ORI PARTNER/EXECUTIVE 0 NIA' _,..�+.oao FxCLUDED7 I E.L. DISEASE -POLICY LIMIT $ .-_.. Iwired ro ert s at or for which the vendor performs t TIONS f LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space y required) and any AIMCO subsidiaries and eiiiiates that may dvectly or indirectly own or manage p p YI ) DESCRIPTION OF OPERA _ The property owner, Apartment Investment and Management Co. (AIMCO) work, shall be named as additional insureds on the general liability policies- additional 1OLIciEs B CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED 1. CEWILL CANCELLED OI DELIVERED Depot, LLC THE EXPIRATION DATE THEREOF, - ACCORDANCE WITH THE POLICY PROVISIONS. 1800 Preston Park Blvd Suite 220 AUTHORIZED REPRESENTATIVE . Plano, TX 75093 1©1988-2010 ACORD CORPORATION. All rights rese Met # Cert Holder # registered marks of ACORD Client # The ACORD namge and logo are re ACORD 25 (2010105) East Coast General Contractin BUILDING RESTORATION PROFESSIONALS 286 Broadway Haverhill, Ma. 01832 Phone 1-978-360-0051 Fax 17978-372-4215 Proposal 4/21/11 Building 22 Laundry room. Provide and install insulation board against block wall for sound proofing. Provide and install metal frame wall. Provide and install R-19 insulation in wall. Provide and install 5/8 inch drywall on all walls. Tape, mud, sand, prime and paint new walls. Provide and install baseboard to match existing.. For the sum of. Three Thousand, Four hundred and Forty Dollars. $ 3,440.00 Sincerely; ° '`� s SERVICES AGREEMENT This SERVICES AGRECIMENf (this "Agreement") entered into by and between the Property 0aner (as identified on Exhibit A attached hereto ("Property Owner") and lust Const General Confcictin. ak "fhonmms it. Kinnel (legal name) ("Provider") with its principal place of business at 2S6 ilroadway, Haverhill. NIA 01332. Together, property Onner and Provider are referred to herein individually as a "Party" and, collectively, as the "Patties." Property Olrner manages certain property located at the Property identified on Exhibit A attached hereto ("Property").. Property Owner desires to engage Provider to provide certain services to Property Owner, and Provider is willing to furnish the same on the terms and conditions set forth herein. fn consideration of the mutual promises of the Parties contained herein and other good and valuable consideration, the receipt and sutlicicucy of which are hereby acknowledged, the Parties, intending to be legally bound, heieby agree as follows: i SERViCFS Subjeci to the terms and conditions of this AkrceenenL Provider will provide to Property Owltcr the services (the "Services" as more fully described in Section 2.4 Wow) that are ordered by Properly Owner in it jointly-agrccd work order (the "addendum"). Property Owner agrees that Provider is responsible for performing only the tasks that are Specifically set 101111 in a jointly -agreed Addendum. It DEFINI'T'IONS 2.1 "Confitlenlial fitfortnation" means any inforinaGon of any kind, nature, or description concerning any matters affecting or relating to Provider's services for Property Owncr, lire business or .1 -ration. of llmpwiy Owner and itc alliliaduc, infor7natinn concerting any of the tenants, residents or invitees of Properly Owner, employees of Properly Owner or its allili:tes, and/or the products, drawings, [)fans, processes, or other data of Property Owner or its affiliates. . 2.2 "F_ffeclive Date„ shall mean the (late that the Addendum has specified as the Effiective Date. 2.3 "1%'ecs n Shall mean all of the fees, taxes, expenses, charges, incidental expenses described in and payable under the Addendum, collectively. All Fees payable hereunder are payable solely in United States dollars. 2.4 "Services" shall mean work performed by Provider for Property Owner pursuant to the Addendum or under this Agreement. The schedule rix the Services shall les- agreed upon by the Parties. This Services Agreement is not an exclusive dealings contract; Properly Owner may purchase services similar or identical to the Services being provided hereunder from other service providers. III INVOICING. PAYNIENT ANDTAXES 3.1 . Invoicing The Fees for the Services shall be set forth in the applicable Addendum. Unless otherwise agreed by the Parties, Provider agrees to invoice ("Invoice') Property Owner for the Scr\ iceg and provide a copy of all Invoices to such address or addresses as Apartment Investment and Management Company ("AIMCO") or Property Owner may provide in the Addendum (wfiich may be changed by UCO at any time) or otherwise, within thirty (30) cale stir days after the provision thereof. 3.2 /'at nient far.Sern,ices Unless ollwrwise agreed by rho Parii,s, Property O\+ncr shall remit payment to Provider as specified in the Addendunn; provided, however, Property Owner shall not be obligated to,pay any pollion of an Invoice which it ,disputes in good tbith and submits to arhitruion pursuant to Section 8.13 of this Services Agreement. AI\fC0 (or an alliliate thereol) shall have the right, but not Lila obligation, to make a payment owed by the Property Owner hereunder, prodded, however, nothing contained herein shall result in any liability of AIMCO or its alliliates, and no such payment shrill create or constitute a course of dealing or course of conduct by AlXIC0 or its alliliates, . and Provider hereby waives any such claim. In the event that ,U\[CO has notified Provider of its intention to make a paynncnt due hereunder and such Payment is not mads, Property Owner shall remain fully liable for such payments. Property Owner may take a 2% discount from the invoice price for payment made within 20 days of receipt of invoice; otherwise, not payment is to tic tendered within 30 days. 3.3 Tmves Provider shall be solely responsible for all taxes with respect to any compensation clue hereunder or under the Addendum for any Services, provided hcrcunder. IV TERM AND,rF. \1INA'rt07V 4.1 Terni This Agreement shall commence on the ElTeclive Date and shall continue in Coact until April 30, 2011 unless this Agreement is earlier terminated (the "'Penn"). Property Owucr may terminate this Agreement at any time by providing Provider with thirty (30) calendar clays' written notice. it, the event that Property Owner terminates this Agreement prior to i'rovider's completion of the Services under a Addendum, and Properly Owner or /UMCO has paid fix such Sorviooa iu Gill, provider shall pay to Properly ()_nor or AIM CO3 as the case miry he, any Fccs that do not represent actual work perlorntod and/or actual costs incurred, as described in Article ill of this Agreement. Upon termination, the sole liability and obligation of Properly Owner is for Property Owner to pay for such Services provided by Provider prior to the ctrectit,e date of termination; provided, however, Property Owner may offset any damagcs incurred by it against such alllommts owed to Provider :Ind Provider shall remain liable to Property Owner for any.damages caused by Provider'. . dctbulL 4.2 Tereuirtarian filer Breach Either Party shall have the right to le'minate this Agreement, as the case may be, if the other Party fails to cure any material breach of the Addendum or this Agreement within ten (10) calendar clays of receiving written notice of such breach (such time period is referred to herein as the "Cure Period"). Consent to extend the Cure Period shall not be unreasonably withheld, so long as the breaching Party has commenced the cure of the breach during the Cure Period and pursues cure of the breach in good faith. Provider acknowledges :md agrees that its sole recourse of any breach by Properly Otltimer shall he the assets of Properly Owner, provided however, that nothing contained herein grants Provider any lien or similar rights witlm respect to the applicable property or other assets of Property Owner. 43 Effect of Termination Upon termination, the sole liability and obligation of Property Owner is for Property Owner to pay for such Services provided by Provider prior to the ellective date of termination; provided, however, Property Owner may ollset any damages incurred by it against such amounts owed to Provider and Provider shall remain liable to Property Owner for any damages caused by Provider's default- The efault The provisions of this Agreement which, by their reasonable terms, are intended to survive termination of this .agreement shall survive (including indemnification and confidentiality provisions). Page 1 of 10 Master Service Agreement over $10k version 2.0 March 2009 �1 � � Y V COVENAN'T'S AND WARRANTIES S.1 Covenants Provider covenants and warrants to Property Owner than: SERVICES AGREEMENT (a) the Services shall lie performed consistent %with generally accepted industry standards by adequately trained :and conapctcnt personnel, in a professional manner, utilizing sullicient and suitable equipment, \vitt quality supplies, materials, in a manner so as to minimize nnoyance, interference or disruption to tenants, occupants or invitees of the Properly, and in accordance with the terms and conditions of this Agreement and the Addendum; (b) if.the Services include the provision of products, such products shall he free of detects, fit for their intended use, conform to the specifications, terms and conditions set forth in this Agreement and the Addendum, free ofany liens and conveyed %eith good title; (c) Provider shall comply with all applicable federal, state and local laws, ordinances, regulations and orders (collectively, "Lar\vs") as well as with all tides and regulations promulgated by Property Owner with respect to entry onto the Property, and shall promptly notify Property Owner orally violation orpotcntial violation of the Lancs; (d) Provider shall, 1prior to conuucneiog any work hereunder or tinder the Addendum, obtain :and maintain throughout the 'I•errn all approvals, licenses and/or permits required by any law or governmental agency, hoard or otherjurisdiction; (c) upon completion ofthe Service;, Provider shall (i) ulx)n Properly Owner's request, restore lite Properly to its original condition, (ii) leave the Properly clean and free of :dl tools, equipment, waste materials and dchris; and (iii) he liable for the cost of :wry utilities left on by Provider or its contractors, subcontractors or agcnls after completing the Services and lir any cost associated with Provider's noncompliance with this subsection (c); (t) Provider shall he responsible for damage to or theft of real or personal properly of Property Owner or tenants located at the Propetly caused by Provider's employees, contractors or agents; (g) where requested by Property Owner, Provider shall provide reports to Property Owner regarding the provision of Services; (h) Provider shall not infringe on any trademark, copyright, patent or other intellectual property right utilize in providing the Services; (i) Provider shall maintain insurance that is customarily maintained by others in the industry, but in no event shall Provider have primary insurance in an amount less than the following- For usual and customary activities lite following requirements apply. Activities for which Ilse following requirements do not apply include .higher risk services. Sonic examples of higher risk services include.asbcstos abatement, phase Il environmental testing, moving and storage, and professional services performed by architects, engineers, or accountants. Workers compensation insurance as required by law, commercial general liability, including contractual liability, insurance on an occurrence basis in an amount of not less than $1,000,000.00, automobile liability insurance on an occurrence basis in an amount of not less than $1,000,000.00, and excess liability (umbrella coverage) in an amount of not less than $1,000,000.00 on an occurrence basis and an amount of not less than S1,000,000.00 in the aggregate. Upon commencement of this Agreement, Provider shall cause the insurer issuing such policies to issue a certificate to AIAICO confirming that such policies have been issued and are in full force and effect, and give 30 day's prior written notice to AIMCO of cancellation or non -renewal- In addition, Provider shall provide UNWO with writen notice as soon as it becomes aware of a material change in any policy. AIMCO, and AIXICO's subsidiaries and affiliates that may directly or indirectly own or manage any property or properties at or for which Provider performs any work, shall he named as an additional insured on the general liability and automobile liability coverage. (j) neither Provider nor its employees, agents or contractors shall cause or permit to be caused any llazardous Substances (defined bclo\w) to be located for \vhatewer mason on the Property. "Hazardous Substances" means (a) any chemicals, materials or substances defined as or included in the dclittition of"hazardous substances," "hazardous wastes," "hazardous materiels" hazardous ��;1gtCs," .•restricted hazardous \castes," "toxic substances," "toxic pollutanL... "contaminants" or "pollutants," or words of similar import, under any applicable Environmental Law; and (b) any other chemical, mcuerial or substance, exposure to which is prohibited, limited or regulated by any governmental authority. "Environmental Iaw" means may federal, state or local statute, law, title, regulation, ordinance, code, policy or rale of conunon law no%v or hereafter in effect and in each case as amended, and any judicial or administrative interpretation thereof. including any judicial or administrative order. consent decree or judgment, relating to the environment, health, safety or ilazardous Substances, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1950, as amended, 42 U.S.C. § 9601, et scq.; the hazardous Materials 'transportation Act, as amended, 49 U.S.C. app. § 1501, cl scq.; the Resource Conservation andRecovery Act, as amended, 42 U.S.C. § 6901, el scq.; the Federal Wafer Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq.; the Toxic Substances Control Act, 15 U.S.C.§ 2601, et seq.; alae Clean Air Act, 42 U.S-C. § 7.101, et seq.; and the Safe Drinking Water Act, 42 U.S.C. § 300f, et seq.; (k) in the event that Provider tiles for hankniptcy or receivership under federal or similar stale laws or has filed against it a similar proceeding, Provider shall dismiss such action \6t!uin sixty (60) days alter filing; (1) neither Provider nor its employees, agents ur contractors shall use Icad-based paint (or any constituent or product that contains Icad-based paint) on the Propeily-, :anLI (tit) if the provision of Services includes the provision of products, risk Of loss for any products ::!;all rcntaitt .vith Provider until such prochrcts shall be delivered and accepted by Properly Owncr. All delivery, shipment, freight and other sitnilar charges shall be the sole responsibility of Provider. 1'rovider shall ship all orders in loll, except where Property Owner has given its prior approval to receive partial orders. Provider may not substitute products without the prior N\Titicu approval of Properly owner, in Property Owners' sole discretion_ Time shall be uf' the essence; with respect to this Agreement and the addendum. If Provider fails to deliver on time, Property Owner may purchase replacements Iron, a third party and Provider shall he liable for the actual and reasonable costs and dantages incurTcd by Property Owner. S.2 Warranties arrarnties (a) Provider has not and will not disclaim any implied or express warranties. (b) Property O\vner shall not he required to inspect or approve any of the Services or products; the failure of Property Owner to discover defects or deficiencies therein shall not constitute an acceptance of any defective or deficient Service or product, and shall not relieve Provider of its responsibilities pursuant to this Agreement. ifany products supplied do not conform to these warranted, Provider shall timely substitute conforming products; provided, that, if Provider is required to produce and supply conforming products as a result of a breach of this warranty, Property Owner shall not be responsible for any costs or fees associated therewith. VI OWNERSHIP OF 11ATERIALS Property Owner shall have all right, title and interest in and to all information and work product, including but not limited to all inventions, original works of authorship, developments, . concepts, know-how, discoveries, improvements, trade secrets, secret processes, patents, patent applications, service marks, trademarks, trademark applications, copyright and copyright registrations, %whether or not patentable or registerable under copyright, trademark or other similar laws, acquired, gathered, developed, made or conceived by Provider, in whole or in part, alone or with others, as a result of pro\iding Services hereunder (the "Works"). The Works shall be deemed to be "works made for hire" under United States copyright law (17 U.S.C, Page 2 of 10 Master Service Agreement over $10k version 2.0 March 2009 SERVICES AGREEMENT Section 101 at seq.) and made in the course of this Agreement_ To Ilse extent such Works may not by operation of law, vest in Property Owner or such works may not be considered to be works made for hire, all right, title and interest therein are hereby irrevocably assigned to Property Owner. Prosider understands that Property Owner may register.the copyright, trademark, patent and olh.r rights in tho Works in Property O%Niior's nnma. Provider agrees not to use the Works for the benefit of anyone other than Property Owner, without Property Owner's prior written permission. VII REME- DII?S, DAMAGES AND INDE. NIGICATION 7.1 Cumulative Rentedies Property Owner's rights and remedies herein shall be cumulative and in addition to any other or finther rights and remedies :mailable at law or equity. 7.2 Daitio es Except with respect to indemnification provided in Section 7.3 below, each Party waives (lie right to special, indirect, consequential and punitive damages, including lost profits. Notwithstanding anything to the contrary, in no event shall Property Owner he liable for dannages or losses in excess of the aetUtll amount payable by Property Owner to Provider for the supply of ;I particular Servicc actually provided hereunder. 7.3 lit demtifiration Provider shall indemnify, hold harndess and, if requested by Property Owner in its sole and absolute discretion, defend (wi(h counsel approved by property Owner) Property Owner, its employees, agents, principals and stockholders (the "indemnified Parties-) and (told them harmless against any loss, liability, tleticicncy, damage, cxlu:nse or cost (including reasonable Icgal expenses), actually iticti red or paid (collectively, "L.osscs"), which the Indenutified P;atiCS nuly sutler, sustain -or become subject lo, as a result of (i) any misrepresentation in tiny of ilia representations and waT;ullics of Provider contained herein or in the Addendum; (ii) any breach of, or Failure to perform, any agreement or covenant of Provider contained herein or in the Addendum; (iii) Provider's negligence or misconduct; or (iv) Provider's violation of, or noncompliance with any L;nv. 74 )fairer Provider hereby waives any and NII clainis against the Indemnified Parties 1 -or any Losses incurred by reason of or arising out ofany injury to or death of any person(s), dannage to property, loss of use of any property, violation of Law, or otherwise in connection with the condition of the Property or any facilities therein, any event or occurrence on or about the Properly or the acts or omission of any person, except with respect to the gross negligence or willfid misconduct of an Indemnified Party. VIII CENFIZAL 8.1 A'onelisclosure Property Owner may disclose to Provider Confidential Information; however, Provider agrees that it will not use the Confidential Information for purposes other than those necessary to directly further the purposes of this Agreement- Except greementExcept as otherwise expressly permitted in this Agreement, Provider will not disclose to third parties the Confidential hhfonnation without the prior written consent of Property Owner. Provider shall protect the Confidential Information from unauthorized disclosure or use with the same degree of care. that Provider uses to protect its own like inforination. Provider shall notify its receiving employees, agents and contractors of their confidentiality .obligations with respect to the Confidential Information of Property Owner and shall require its employees, agent% and contractors to comply with these obligations. Other than as to information related to Fees due under this Agreement, which shall terntinate two (2) years after the tenuination or expiration of this Agreement, the confidentiality obligations of Provider and its employees, agents and contractors shall sumwe indefinitely after the termination or expiration ofthis AgreemenL Provider acknowledges that its breach of this Section 8.1 may cause irreparahle injuryto Propcuty Owncr for which monetary damages nuay riot be :in adequate remedy. Accordingly, Provider shall be entitled to seek injunctive or other equitable relief in the event of such a breach. 3.2 Relationship Between the Parries Ilia relationship between the Parties shall at all tunes be that of independent contractors. Nothing contained in this Agreement shall be construed to create a partnership, joint venture, agency or other Corm of joint enterprise n atignship behrecn the Panics. Each Party shall he solely responsible for payment of all compensation owed to its employees, as well as employment . related taxes. Neither Party shall have authority to contract for or bind the other Party in any manner whatsoever: This Agreement confers no rights upon either Patty except those expressly granted herein. 8.3 Goi,ernhw Lint, mrd.furisdirtion This Agreement, and NII nuulers arising out of or r.atnling to this Agrecnient, shall be governed by and construed in accordance with lite laws of the Stale of Colorado and shall be deemed to he executed in Denver, Colorado. Any legal action or proceed. , relating to this Agreement shall lie adjudicated in ilia . District Court of the County of Dcnvcr, Stale of Colorado or the United Stales District Court for the Stale of Colorado. The Parties agree to subunit to the exclusive jurisdiction of, and agree Ili -it venue is proper in, the aforesaid courts in any such legal action or proceeding. 8.4 Notices All noliooN, io.luding ooliC,. of -Id. �tuurga, rCqunvd to hJ sont heroumlor shall he in writing to ilia address listed in the applicable Addendunn, with a copy to: Legal Department AIMCO 4532 South Ulster Street Paikway, Suite 1100 Denver, C080237 Notices shall be delivered and shall be deemed received: (a) by hand delivery, upon receipt thereof; (b) by mail, seven (7) days after deposit in ilia United States mails, postage prepaid, sent vitt first-class mail; (c) by facsimile transmission, upon electronic confirmation thereof; (d) by next day delivery service, upon such delivery; or (c) by e-mail. 8.5 .Severability in the event that any provision of this Agreement is held to be illegal, invalid or unc tforceahle, such provision slcrll he elimituited or eliminated to ilia minimum extent necessary so that the remaining provisions of this Agreement will remain in full force and effect and he enforceable. 8.6 If fiver The waiver by either Party of any default or breach of this Agreement, or the failure by a Parly to exercise any rights hereunder, shall not operate or be deemed a waiver of any other or subsequent default or breach or of such Party's rights or any other rights in the future. Except for actions for nonpayment or breach of either Party's intellectual property rights, no action, regardless of form, arising out of this Agreomertt may he brought by eithor Party more than one (1) year after such cause of action has occurred. 8.7 F.fftire A reement '17uis Agreement, together with any associated Addendum that specifically references this Agreement, constitutes the complete agreement between the Parties and supersedes all previous and contemporaneous agreements, proposals or representations, written or oral, concerning Ilia subject matter of this AgreemcnL Page 3of10 Master Service Agreement over $10k version 2.0 March 2009 SERVICES AGREEMENT B.N Amendment \either this Agr.rement nor :ill Adctandum may be, modified or amended exCept in writing signed by a duly authorized npresent:dice of each Panty. No other act, (locunncnt, usage or custom shall be deemed to amend or modify this A-greenient or an Addendum. ft is expressly agreed that any terms and conditions of Property Owner's purchase order, terns sheet, agreement or other negotiations with Provider shall he superseded by the terms and conditions of this agreement and the applicable Addendum. 8.9 Force.aGrjarrre Each Party shall he excused for failure to perform :my pati of this Agreement dna to events beyond its control, including but not limited to tire, storm, Ilood, earthquake, explosion, accident, riots and other civil disturbances, sabotage, shrikes or other labor disturbances, injunctions, transportation cnibarg�oes, computer viruses, acts of terrorism or delays, fitilure of performance of third parties necessary for the Parties' Performance under (his Agreement, or the laws or regulations of (he federal, slate or local government or branch or agency thereof; provided, however, no force majcure event shall excuse the obligation of the Party claiming the benclit of a force nlajeurc event from paying the applicable Cees Ior any Services provided; and, Funher provided, that the patty whose performance is being interrupted shall provide inunedi:de notice to the other Party. If the lorce m:yeure event continues for fen (10) or more days, then such non -perforating Party may terminale this agreenmcnt. Property Owner may procure services front an alternative service provider during and atter a period of force ninjeurc. 8.0 1.vvigirnGilirl; Sllc•c•cv.sorsfill rl;Lrsi,ns Neither Party hereto shall assign this Agrectnnd in whole or in part without the prior written consent of the other Party hereto, which consent shall not lie unreasonably withheld or. delayed, provided, however that AiNICO or Properly Owner shall have the right to assign this Agreement without provider's consent. '11rin :ngrccmcnl A-11 inure to 11'c benefit of and A)"ll be binding upon lire successor and permitted assigns of the Parties hereto. 8.11 Construction Descriptive headings to Sc.aions fire for convcnicnec only and sbrll not control or affect the meaning or construction of any provisions in this Agreement. 832 Cocrnterparls 'Ibis Agreement may be executed in one or more counterparts, each of which shall be deemed an original instrument, but all of which counterparts together shall constitute one and the same instrument. Transmission by facsimile of an executed counterpart signature page hereof by a Panty hereto shall constitute due execution and delivery of (Itis Agreement by such Party. 8.13 Arbilration In the event a dispute shall arise between the parties to this Agreement or the Addendum, it is hereby agreed that the dispute shall be administered in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association ("AAA'). Any matter to be, settled by arbitration shall be submitted to the AAA in D nvcx, Colorado. Tha Parties shall attempt to designate one arbitrator from die AAA. If they are unable to do so within 30 days after written demand therefore, then the .AAA shall clesignate an arbitrator. The arbitration shall be final anis bindin_and enforceable in any court of competent jurisdiction. The arbitrator shall award attorneys' fees (including those of in-house counsel) and costs to the substantially prevailing party and charge the cost of arbitration to the Party which is not the substantially prevailing Party. Notwithstanding anything herein to the contrary, this Section 8.13 shall not prevent either Party from seeking and obtaining equitable relief on a temporary or permanent basis from a Court of competent jurisdiction located in Denver, Colorado. The court's jurisdiction over any such equitable tnalict, however, shall he expressly limited only to the temporary, preliminary or permanent equitable relief sought 8.14 Gifts Provider is prohibil.d from providing gifts or othcr things of valla «orlll more than S25 cumulative during the Terns of the agreement to Property Owner or its affiliates, emplo)-ees agents or contractors. 8.I5 77rird Part), 11er+efrciarier This Agreement is for the soli: benefit of the Parties, except that AWCO and its affiliates are intended to be third patty beneficiaries of this Agreement with respect to Sections 3.2, S.13, 8.17 and the indenmitled Parties \ciIit respect to Provider's indemnification. 3.16 - Aa Use of,Vaine Provider shall not publicize, publish or otherwise use the nanic of Property Owner, AIXICO or any of their affiliates in any advertising, customer list or similar document, or otherwise disclose the contractual relationship with Property Owner, AMICO, or their alfiliates, without the prior written approval of AWCO, which miry be given or tviltheld in AIMCO's sole discretion. 8.17 Na Herardettion Provider shall not record this Agreement, the Addendum ora memorandum of either. S.lN 1{Aalrunic,tiltv/rm Inlegrrtion Provider agrees to provide all reasonable coolieration requested by Property Owner as Property dims necessary in order to allow Property Owner to implement and integrate an electronic method of purchase order submission; an electronic method of procurement and payment; and an e-commerce program system. Upon implementation of such electronic systems, Provider ctu.11 accept and record Purchase ord,r. avid paymontu from Property Owner dirough such electronic systems. 8.19' Intellectual Property a. fn (lie event that (lie Services invulvo (lie Provision of any software, material, information or products that involve intelleclual Property, Provider represents that it has agreements in place with its employees and independent contractors sufficient to convey all ownership in such work product to Properly Owner, and that Provider will, during the lett of this Agreement, including any renewal term, enter into agreements with its employees and independent contractors, sufficient to convey all ownership in such work product to Property Owner. b.If Provider refuses or Property Owner is unable for any reason to secure Provider's signature to execute any assignment or to apply for or to pursue any application of any United States or foreign patents, trademark -s or copyright applications or registrations covering the Intellectual Property, then Provider hereby irrevocably designates and appoints Property Owner and its duly authorized managers, members, representatives and agents as the Provider's agent and attorney in fact, to act for and in the Provider's behalf and stead to execute and file any such applications and to do all other lawfully, pennitted acts to further the protection and issuance of letters patent, or copyright registrations thereon with the same legal force and effect as if executed by Provider. Provider lurther agrees that Provider's obligation to execute or cause to be executed, when it is in Provider's power to do so, any such. instnunent or papers shall continue afler the termination of this Agreement until the expiration of the last such intellectual property right to expire in army country in the world. 8.20 11'ebsite Arccvs Property Owner or AINICO may permit, in their sole discretion, Provider to access certain web-sitc-s which contain information about ALNICO, its affiliates, andror their properties or business. If Property Otvner or AI;\ICO permits such access, Provider will be given a user name and pass\vord. Property Owner or AIMCO may change the user name or password at any time or deny access to die website(s) at any time. Property Owner or AItvfCO Page 4 of 10 Mdslef Service Agreement. over $1 Ok version 2.0 March 2009 � i 1 SERVICES AGREEMENT also may change the information oil the websi(e(s) at any time. Ilia information contained on the websites) is confidential and subject to (he confidentiality provisions of this Agreement. None of ABICO, Property Owner or their affiliates make any representations or warranties regarding the information contained on the website(s) and Provider uses such information at its own risk. Provider miry use the information on the websitc(.$) only for purposes of furthering its activities under this Agreement. 8.21 Rooks and Records Provider shall nmiolain hooks and records with respect (o the Services to be prodded and the Compensation to be paid hereunder. Property Owner shall, for a period of Ithree yews after the expiration or lermination of this Agreement, have the right to review and audit the books and records of Provider wills respect to such Scrviccs. 1n the event such audit detenuines Ihat Property Owner has overpaid Provider, Provider shall immediately pay the amount of overpayment Plus interest at 1244 per annum from the date when such Compensation originally was Paid. 5.27 Nignatu e:luthorityandValidity Any (rnnnnotion ovor $10,000.00 in ountulativu valuo ovor Ill. 'tbrnt ol' thin Agreement, or binding more Ihan one (1) Property Owner, shall he valid only if signed by a vice president or higher ranked individual within Property Owner. [the remainder of this page iatctdimlally kyl Wank Page 5 of 10 Master Service Agreement over $1 Ok version 2.0 March 2009 SERVICES AGREEMENT ADDENDUM TO SERVICES AGREEMENT— EXI-ITBIT A I. Name of Property Owner: A[MCO NORTH ANDOVER, L.L.C. 2. COr11r11U[lity Name (ifapplicable):Roa}-1 Crest Estates 3. ,Apartment Property Address (include street address, city, state and zip code): 5O Royal Crest Drive, Not -Ili Andover, MA, 0184 4. Apartment Property Telephone Number &. Facsimile Number (include arca code): Phonc: (973) 681-1822 Fax: (973)682-9064 5. Address for I[ltoiccs: AlR.ICO, PO Box 981725, El Paso TX 79998-1721 (whitiplicates to property) 6. Full Lcgal Nnmc of Provider. East Coast Cener:rl Contracting aka Thomas II. Khmel 7. Provider's Address (include street address, city, state ;la(l zip code): 286 I3roadn ay, Haverhill MA O1832 8. ProVidcr's Telephone Number &L F.resimile Number (include arca code): Phonc: 978-360=0051 Fax: 978-372--1215