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HomeMy WebLinkAboutBuilding Permit #227-14 - 41 ROYAL CREST DRIVE 5/1/2018 TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATIO Permit NO: 27— Date Received r Date Issued: IMPORTANT:Applicant must complete all items on this page LOCATION Royal Crest BUILDING # Print PROPERTY OWNER AIMCO Royal Crest Estates LLC UNIT# Print MAP NO: � PARCEL: ZONING DISTRICT: Historic District yes Dno Machine Shop Village yes TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition Afwo or more family ❑ Industrial ❑Alteration No. of units: Z ❑ Commercial (Repair, replacement ❑Assessory Bldg ❑ Others: ❑ emolition ❑ Other Q'S 't ❑�We11E ®�Floodplama D Wetlands jj ❑a WatershedDstnct� DESCRIPTION OF WORK TO BE PERFORMED: Dp,4)r4 Cr'VtAi a ,tt (Identification Please Type or Print Clearly) OWNER: Name: Phone: Address. CONTRACTOR Name: Thomas H. Kinnal Phone: 978-360-0051 Address: 286 Broadway, Haverhill MA 01832 Supervisor's Construction License: CS 82747 Exp. Date: 6/20/201 Home Improvement License: Exp. Date: ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE.BOLDING PERMIT:$12.00 PER$1000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. \ , .00 Total Project Cost: $ 3t 970 FEE: $ Check No.: I'D z --,- z Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guara fund � Signatu[e�ofAgent/O,wneit_: __. . _-_ Signaturelofcontractor _ _._.4 __._ Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ 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 DATE REJECTED DATE APPROVED PLANNING & DEVELOPMENT ❑ ❑ COMMENTS CONSERVATION Reviewed on Signature COMMENTS i i HEALTH Reviewed on Signature COMMENTS Zoning Board of Appeals:Variance, Petition No: Zoning Decision/receipt submitted yes Planning Board Decision: Comments Conservation Decision: Comments Water& Sewer Connection/signature& Date Driveway Permit DPW Town Engineer: Signature: Located 384 Osgood Street FIRE DEPARTMENT - Temp Dumpster on site yes no Located at 124 Main Street Fire Department signature/date COMMENTS Dimension Number of Stories: Total square feet of floor area, based on Exterior dimensions. Total land area, sq. ft.: ELECTRICAL: Movement of Meter location, mast or service drop requires approval of Electrical Inspector Yes No DANGER ZONE LITERATURE: Yes No MGL Chapter 166 Section 21A—F and G min.$100-$1000 fine NOTES and DATA— For department use ❑ Notified for pickup - Date Doc:.Building Permit Revised 2008mi 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 e ❑ Building Permit Application Li Workers Comp Affidavit o Photo Copy Of H.I.C. And/Or C.S.L. Licenses o Copy of Contract o Floor Plan Or Proposed Interior Work o Engineering Affidavits for Engineered products NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit Addition Or Decks ❑ Building Permit Application o Certified Surveyed Plot Plan o Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses ❑ Copy Of Contract o Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) ❑ Mass check Energy Compliance Report (If Applicable) o Engineering Affidavits for Engineered products :NOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg Permit New Construction (Single and Two Family) ❑ Building Permit Application o Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses o Workers Comp Affidavit o Two Sets of Building Plans (One To Be Returned) to Include Sprinkler Plan And Hydraulic Calculations (If Applicable) o Copy of Contract a Mass check Energy Compliance Report a Engineering Affidavits for Engineered products ` VOTE: All dumpster permits require sign off from Fire Department prior to issuance of Bldg .Permit Fn all cases if a variance or special permit was required the Town Clerks office must stamp the decision from the Board of Appeals :hat the appeal period is over. The applicant must then get this recorded at the Registry of Deeds. One copy and proof of recording nust be submitted with the building application Doc: Doc.Building Permit Revised 2008mi NORTH own of EAndover o _No. LANE h , ver, Mass, COG NIC Kl �1,95°R�rEv rPa��S U BOARD OF HEALTH Food/Kitchen PERMIT T LD Septic System THIS CERTIFIES THAT 9je .�r. ° ... ` �� �'� C � TC �.......... BUILDING INSPECTOR ..... �f ....le.........................�......... ............ .......... / Foundation has permission to erect buildings on y� G'..0 .�./.. i..c�.F ......�. ... .......................... ........ . a ..................... Rough to be occupied as ...........,,�.., !:`.!: :::.....1/.!".y.....4!lel.l./. ...................................................... Chimney provided that the person accepting this permit shall in every respect conform to the terms of the application Final on file in this office, and to the provisions of the Codes and By-Laws relating to the Inspection,Alteration and -Construction of Buildings in the Town of North Andover. - PLUMBING INSPECTOR VIOLATION of the Zoning or Building Regulations Voids this Permit. Rough Final PERMIT EXPIRES IN 6 MONTHS - ELECTRICAL INSPECTOR UNLESS CONSTRUCTION I�RTS Rough ....................... Service ....................... .. .�.......... Final BUILDING INSP CTOR GAS INSPECTOR Occupancy Permit Required to Occupy Building' Rough Display in a Conspicuous Place on the Premises — Do Not Remove Final No Lathing or Dry Wall To Be Done FIRE DEPARTMENT Until Inspected and Approved by the Building Inspector. Burner Street No. Smoke Det. SEE REVERSE SIDE ' SERVICES AGREEMENT 'itis SERVICES AGRGEAiFNr (this "Agreement") entered into by and 3.2 llalynuwufol,Sen•ices ween ilia Property Owner (as identified on Exhibit A attached hereto meetly Owner")and Gast Coast General C_ontrtctina alta •fhontas II. Unless otherwise agreed by tho Parties,Property Owner shall remit paymanl \ dal Hama)("Prodder")with its principal place of business at 236 to Provider as specified in the Addendum; provided, however, Properly L11, v Haverhill. NfA 01332.Together, Property Owner and ProviderOwner shall not be obligated to pay any'portion of an Invoice which it aro rea_rred to herein individually as it "Party" and, collectively, as ilia disputes in good faith and submits to arbitration pursuant to Section 8.13 of "Parties." this Services Agreement. UAfCO(or an affiliate thercoo shall have alae right, but not the obligation, to make a payment owed by the Property Owner Property Owner manages certain property located at the Property identified on hereunder, proxided, however, nothing contained herein shall result in any Exhibit A attached hereto ("Property's. Property Owner desires to engage liability of A.IMCO or its affiliates, and no such payment shall create or Provider to provide certain services to Property Owner, and Provider is constitute a course of dealing or course of conduct by:V\ICO or its affiliates, willing to furnish the same on the terms and conditions set forth herein and Provider hereby waives any such claim. in the event that ;UA{CO has notified Provider of its intention to make a payment due hereunder and such In consideration of the mutual promises of the Parties contained herein and payment is not mala, Properly Owner shall rennin (idly liable for such other good and valuable consideration,the receipt and sufficiency of which Payments.Property Owner may take a 2%discount from the invoice price for are hereby acknowledged,the Parties,intending to be legally bound,hereby payment made within 20 days of receipt of invoice;otherwise,net payment is agree as follows: to be tendered within 30 days. I SERVICES 3.3 Tares Subject to the terms and conditions of this Arecment. Provider will provide Provider shall be solely responsible for all taxes twirl respect to any to Property Owner the services (the "Services" as more filly described in compensation due hweunder or under the Addendum for any Services Section 2.4 below)that are ordered by Property Owner in a jointly-agreed provided hereunder. work order (the "Addendum"). Property Owner agrees that Provider is IV TEW%I AND TERMINATION responsible for perrorming only the tasks that are specifically set forth in a jointly-agreed Addendum. 4.1 Term iI DEFINITIONS This Agreement shall continence on the Iiffective Date and shall continue in efTect until Aptil 30, 2011 unless this Agreement is earlier terminated(the 2.1 "Confidentiallnforniation" "Term')- Property Owner may terminate this Agreement at any time by providing Provider with thirty(30)calendar days'written notice. In ilia event means any information of any kind, nature, or description concerning any that Property Owner terminates this Agreement prior to Provider's completion matters affecting or relating to Provider's services for Properly Owner, the of the Services under a Addcnduttt, and Property Owner or AINICO has paid husinoaa or opor:dionu of Properly Owner and iia affiliatea, information for FUCK Servicoa in fill,Provider shall pay to Property Owner or:IMCO,its concerning any of the tenants, residents or invitees of Property Owner, the case may be,any Fecs that do not represent actual work performed and/or employees of Property Owner or its affiliates,and/or the products,drawings, actual costs incurred, as described in Article Ill of this Agreement. Upon plans,processes,or other data of Property Owner or its atliliales- termination,the sole liability and obligation of Property Owner is for Properly Owner to pay for such Services provided by Provider prior to the effectite 2.2 "Weclive Date" dale of termination; provided, however, Property Owner may offset 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 shall mean the date that the t\dticndum has specified as the Effective Date. default i 2.3 Fees 4.2 Termination for Breach shall mean all of Ilse fees, taxes, expenses, charges, incidental expenses Either Party shall have the right to tenninate this Agreement,as the case may described in and payable under the Addendum,collectively.All Fees payable be,if the other Party fails to cure any material breach of the Addendum or this hereunder are payable solely in United Slates totters- Agreement within ten(10)calendar days of receiving written notice of such breach(such time period is referred to herein as the"Cure Period").Consent 2.4 ".Services" 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 shall mean work perfunned by Provider for Property Owner pursuant to the and pursues cure of the breach in good faith. Addendum or under this Agreement. The schedule for the Services Ault be agreed upon by the Parties- This Services Agreement is not an exclusive Provider acknowledges and agrees that its sole recourse of any breach by dealings contract;Properly Owner may purchase services similar or identical Property Owner shall he the assets of Property Owner, provided, however, to the Services being provided hereunder from other service providers. that nothing contained herein grants Provider any lien or similar rights with respect to the applicable property or other assets of Property Owner. III INVOICING.PAYMENT AND TAXES 4.3 Effect of Teratinado n 3.1 flivoicnra Upon termination,the sole liability and obligation of Property Owner is for The Fees for the Services shall be set forth in the applicable Addendum- Property Owner to pay for such Services provided by Provider prior to the Unless otherwise agreed by the Parties,Provider agrees to invoice("Invoice') effective date of termination,provided,however, Property Owner may offset Property Owner for the Services,and protide a copy of all Invoices to such any damages incurred by it against such amounts owed to Provider and address or addresses as Apartment Investment and Management Company Provider shall remain liable to Property Owner for any damages caused by ("AIMCO")or Properly Owner may provide in the Addendum(which may be Provider's default changed by AIMCO at any time) or otherwise,within thirty (30) calendar days after the provision thereof. 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 " SERVICES AGREEMENT V COVENANTS AND NARILkNTIES (j) neither Provider nor its employees, agents or contractors shall cause or permit to be caused any Hazardous .Substances %1 Covenants (defined below) to be located for whatever reason on the Property. "Hazardous Substances" means (a) any chemicals, materials or substances defined as or included in the definition of"hazardous substances,""hazardous Provider con enants and warrants to Property Oaaner that: castes," 'h:azardous nnaderials," extrei nely hazardous wastes," "restricted hazardous wastes,""toxic substances,""toxic IwllutatiLL,""contaminants"or (a) tine Services shall be performed consistent with "pollutants,"or words of similar import,under any applicable 1:nviroll mental generally accepted industry standards by adcquatrI trained and competent Law;and(b)any other chemical,material or substance,exposure to which is personnel, in a professional manner, utilizing sullicient and suitable prohibitcal, limited or regulated by any governmental authority. equipment, with quality supplies, materials, in a,manner so as to minimize "Environmental Law" means any federal, state or local statute, lane, rade, annoyance, interference or disruption to tenants,occupants or invitees of the regulation,ordinance,code,policy or rade of common law noav or hereafler in Properly,and in accordance with the terms and conditions of this Agreement efTect. and in each case as :upended, and any judicial or achninislraative and the Addendum; interpretation thereof including any judicial or administrative order, consent decree orjndgntent, relating to the environment,health,safety or Hazardous (b) if the Services include the provision of products,such Substances, including without limitation the Comprehensive Environmental products shall he free of defects, lit for their intended use, conform to the Response,Compensation and Liability Act of 1980,as amended,42 U.S.C. § specifications, tcruas and conditions set forth in this Agreement and the 9601, et seq.; the Hazardous AMaterials Transportation :let, as annended, 49 Addendum,free ofany Piens and conveyed with good title; U.S.C.app. §ISO 1,ct seq.;the Resource Conservation and Recovery Act,as amended,42 U.S.C.§6901,et seq.;the Federal Water Pollution Control Act, c Provider shall comply avith all applicable federal,state a s amended,33 U.S.C.§ 125 1,et seq.;the Toxic Substances Control Act, 15 O P Y pP - a U.S-C.§2601,ct seq.;the Clean Air Aet,42 U.S.C. §7401, et seq.; and the and local laws, pules aces, regulations and orders (collectively, "Lancs") ars Safe Drinking Water Act,42 U.S.C.§300f,ct seq.; well as with all ides and regulations pronmlgated by Property Owner with respect to entry onto the Properly,and shall promptly notify Property Owner Airany violation or potential violation of the taws; (k) in the event that Provider tiles For bankruptcy or receivership tinder federal or similar stale laws or has filed against it:a sinnilar (d) Provider shall, prior to e.aumatacing any avork proceeding, Provider shall dismiss such action arilhin sixty (60) days after hcrcunder or tinder the Addendum,obtain and maintain throughout the Tern filing, all approvals, licenses and/or permits required by any Law or govern menCl agency,board or otherjurisdiction; (1) neither Provider nor its employees, agents or contractors shall use lead-based paint (or any constituent or product that (c) upon conrplalion of the Scn•iceti Provid,-s..h:all(i)Ulk)rt contains lead-biased paint)tial the Property,and Property Owner's request,restore the Property to its original condition, (ii) leave the Property clean and free ofall tools,equipment,waste materials and (m) if the provision of Services includes (lie provision of debris;and(iii)he liable for the cost of any utilities fell on by Provider or its predt;cis,ri;k of loss for aey praduds!.hall remain::ith Provider unfil such contractors,subcontractors or agents alter completing the Services and for any products shall be delivered and accepted by Property Owner. All delivery, cost associated with Provider's noncompliance with this subsection(e); shipment, freight and other similar charges shall he the sole responsibility of Provider. Provider shalt ship:all orders in thil,except where Property Owner (I) Provider shall be responsible for damage to or theft of has given its prior approval to receive partial orders. Provider may not real or personal property of Property Owner or tenants located at the Property substitute products without the prior aardtcn approval of Property owner, in caused by Provider's employees,contractors or agents; Property Owners'sole discretion-Time shall be of the essence with respect to this Agreement and the addendum. If Provider fails to deliver on tittle, (g) where requested by Property Owner, Provider shall Property Owner Army purchase replacements from a third poly and Provider shall be liable for the actual and reasonable costs and dantages incurred by provide reports to Property Owner regarding the provision of Services; Property Owner. (h) Provider shall not infringe on any trademark,copyright, 5.2 if`arranties patent or other intellectual property right utilized in providing the Services; (a) Provider has not and will not disclaim any implied or (i) Provider shall maintain insurance that is customarily cypress warranties. maintained by others in the industry, but in no event shall Provider have primary insurance in an amount less than the rolloaa•ing- For usual and customary activities the following requirements apply- Activities for which (b) Property Owner shall not be required to inspect or die following requirements do not apply include higher risk services. Sonne approve any of the Services or products; the failure of Property Owner to examples of higher risk services include asbestos abatement, phase II discover defects or deficiencies therein shall not constitute an acceptance of environmental testing, moving and storage, and professional services any defective or deficient Service or product,and shall not relieve Provider of performed by architects, engineers, or accountants. Workers compensation its responsibilities pursuant to this Agreement.[rally products supplied do not insurance as required by law, commercial general liability, including conform to those w;vranicd Provider shall timely substitute conforming contractual liability,insurance on an occurrence basis in an amount of not less products; provided, that, if Provider is required to produce and supply than$1,000,000.00, automobile liability insurance on an occurrence basis in conforming products as a result of a breach of this warranty, Property Owner an amount of not less than $1,000,000-00, and excess liability (umbrella shall not be responsible for any costs or fees associated therewith. coverage)in an amount of not less that$1,000,000.00 on an occurrence basis and an amount of not less that $1,000,000.00 in the aggregate. Upon VI OWNERSHIP OF 11ATERIALS commencement of this Agreement, Provider shall cause the insurer issuing such policies to issue a certificate to AIAMCO°confirming that such policies Property Owner shall have all right,title and interest in and to all infonmatiott have been issued and are in fill force and effect, and give 30 days prior and work product,including but not limited to all inventions, original works written notice to AIRMCO of cancellation or non-renewal In addition, of authorship, developments, concepts, know-how, discoveries, Provider shall provide AIMCO with written notice as soon as it becomes improvements, trade secrets, secret processes, patents, patent applications, aware of a material change in any policy- AIAICO,and AIAMCO's subsidiaries service marks,trademarks, trademark applications, copyright and copyright and affiliates that may directly or indirectly own or manage any property or registrations, whether or not patentable or registerable under copyright, properties at or for which Provider performs any work,shall he named as an trademark or other similar laays, acquired, gathered, developed, made or additional insured on the general liability and automobile liability coverage- conceived by Provider,in whole or in part,alone or with others,as a result of providing 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 et seq.)and made in the course of this Agreement To the extent Provider acknowledges that its breach of this Section 3.l may cause such Works may not, by operation of law, vest in Property Owner or such i reparable injury to Properly Owner for which monetary damages may not be ;works may not he considered to be works made for hire, all right,title and an adequate remedy_Accordingly,Provider shall be entitled to seek injunctive interest therein are hereby irrevocably assigned to Property Owner_ Provider or other equitable relief in the event of such a breach. understands that Property Owner may register the copyright,trademark,patent mid other rights in the Works in Property Owner's nama. Providrnyeas not 8.2 Ife•fntlmrship/fetween the l mires to use the Works for the benefit of anyone other than Property Owner,without Property Owner's prior%ritlei permission. 'ilia relationship between the Pities shall at all times be that of independent contractors.Nothing contained in this Agreement shall be construed to create Y"II Rfs�1EDIES,D:�\L•\GES:SVD INDEMNIFICATIONcontractors. partnership, joint venture, agency or other limn of joint enterprise relationship between the Parties. Fach Party shall he solely responsible for 7.1 Cutitrtlative Rentedies 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 Property Owner's rights and remedies herein shall be cumulative .and in other Party in any manner whatsoever.This Agreement confers no rights upon addition to any other or further rights and remedies atvailable at law or equity. either Party except those expressly granted herein. 7.2 Drnnnges 8.3 Governing Lim,and.hiriwlirtion Except with respect to indenmitication provided in Section 7.3 below, each •nus Agreement,:rid all matters arising out of or relating to this Agreement, Party waives the right to special, indirect, consequential and punitive shall be governed by and construed in accordance with the laws of the Slate of damages, including lost profits. Notwithstanding anything to the contrary, in Colorado and shall be deemed to be executed in Denver,Colorado.Any legal no event shall Property Owner be liable for damages or losses in excess of the action or proceeding relating to this Agreenicnt shall he adjudicated in the actual amount payable by Properly Otvner to Provider for the supply of a District Court of the County of Dcnver,Slade of Colorado or the United States particular Service actually provided hereunder. District Court for the State of Colorado. 'ilia Paltics agree to submit to the exclusive jurisdiction of, :and agree that ve tic is proper in, ilia aforesaid 73 /rrdeuutification courts in any such legal action or proceeding. Provider shall indemnify,hold harmless and,if requested by Property Owner 8.4 Notices in its sole and absolute discretion,defend(with counsel approved by Property Owner) Property Owner, its employees, agents, principals and stockholders All uoticos,including notice(;of addivss ohungo,r tipiirod to bo sunt hcroundor (the"hidenuiif icd Parties")and hold them harmless against any loss, liability, shall lie in writing to the address listed in ilia applicable Addendum, with a deficiency, damage, expense or cost (including reasonable legal expenses), copy to: actually incurred or paid (collectively, "(.osses'), which the lndeninified Parties nilly sufrer, sustain or become subject to, as a result of(i) any Legal Department misrepresentation in any of ilia representations and warranties of Provider AIAtCO contained herein or in the Addendum; (ii) any breach of, or failure to 4532 South Ulster Street Parkway,Suite 1100 perform, any agreement or covenant of Provider contained herein or in ilia Denver,CO 50237 Addendum; (iii) Provider's negligence or misconduct; or (iv) Provider's violation of,or noncompliance with any Lane. Notices shall lie delivered and shall he deemed received:(aj by hand delivery, upon receipt thereof;(b)by mail, seven(7)days after deposit in the United 7.1 Jf=airer States mails, postage prepaid, sent via first-class mail; (c) by fitesinuile transmission,upon electronic confirmation thereof;(d)by next day delivery Provider hereby waives any and all claims against the Indemnified Parties for service,upon such delivery;or(c)by a-mail. any Losses incurred by reason of or arising out of any injury to or death of any person(s),damage to property,loss of use of arty property, violation of Law, 8.5 Severability or otherwise in connection with the condition of the Property or any facilities thercitt, any event or occurrence on or about the Property or the acts or omission of an person,except with respect to the ss negligence or willfid In the event that any provision of this Agreement is held to he illegal,invalid Y P n P P' g �' r unenforceable, such provision shall he eliminated or eliminated to the misconduct of an Indemnified Party. air extent necessary so that the remaining provisions of this Agreement will remain in full force and effect and be enforceable. 8.6 Waiver 8.1 rtanr/isclosure The waiver by either Party of any default or breach of this.Agreement,or the Property Owner may disclose to Provider Confidential Information;however, failure by a Party to exercise any rights hereunder, shall not operate or be Provider agrees that it will not use the Confidential Information for purposes deemed a waiver of any other or subsequent default or breach or of such other than those necessary to directly fitrther the purposes of this AgreemenL Party's rights or any other rights in the future. Except for actions for Except as otherwise expressly permitted in this Agreement,Provider will not nonpayment or breach of either Party's intellectual property rights,no action, disclose to third parties the Confidential Information without the prior written regardless of form,arising out of this agreement may be brought by either consent of Property Owner. Provider shall protect the Confidential Party more than one(1)year after such cause of action has occurred. Information from unauthorized disclosure or use with the sante degree of care that Provider uses to protect its own like information Provider shall notify its receiving employees, agents and contractors of their confidentiality 8 F.wire:hreerneru obligations with respect to the Confidential Information of Property Owner and shall require its employees,agents and contractors to comply with these This Agraernent, together with any associated Addendum that specifically PY obli ations. Other than as to mforma'o references this Agreement, c c' g h n related to Fees due under this on.ututes the complete agreement between the P ''F Agreement, which shall terminate two (2) years after the termination or Parties and supersedes all previous and contemporaneous agreements, expiration of this Agreement,the confidentiality obligations of Provider and Proposals or representations,written or oral,concerning the subject matter of its employees, agents and contractors shall survive indefinitely after the this Agreement_ termination or expiration ofthis.Agreement Page 3 of 10 Master Service Agreement over$10k version 2.0 March 2009 SERVICES AGREEMENT 8.8 :fniendiruent 8.1.1 Gifts Neither this Agr.xtnent nor an Addnidm\ may bo modified or :amended Provider is prohibited from providing gills or other things of valva worth 4 except in\\riling signet(by a(Italy authorized representative of each Patty.No more than S25 cumulative (tiring the 'renn of the Agreement to Property other act,document,usage or custom shall be deemed to amend or modify this Owner or its affiliates,eniployees agents or contractors. .Agreement or an Addendum. It is expressly agreed that any terms and conditions of Property Ow'ner's purchase order,Tenn sheet,agreement or other 8.15. Third Parr1 Reneficinries negotiations with Provider shall be superseded by the terms and conditions of this Agreement and the applicable Addendum This Agreement is for the sole boletit of the Parties,except that AiMCO and its affiliates;ire intended to he third patty beneficiaries of this Agreement with 8.9 Force Afajeure respect to Sections 3.2,S.15,N.17 and the indenmilied Parties with respect to Provider's indemnification. Each Patty shall be excused for failure to perform any part of this Agreement due to events beyond its control,including but not limited to tire,storm,flood, 8.16 No Use afXame earthquake,explosion,accident,riots and other civil disturbances,sabotage, strikes or other labor disturbances, injunctions, transportation embargoes, computer viruses,acts of terrorism or belays, failure of perfomtance of third Provider shall not publicize, publish or otherwise use the name of Property parties necessary for the Parties' performance under this Agreement, or the Owner,AIMCO or any of their affiliates in any advertising, customer list or laws or regulations of the federal, state or local government or branch or similar document, or otherwise disclose the contractual relationship with agency thereof; provided, however, no force majeure event shall excuse the Property Owner,AIMCO,or their affiliates,without the prior written approval obligation of the Party claiming the benefit of a force majcurc event liom of AIMCO,which may he given or(withheld in AI\ICO's sole discretion. paying the applicable Pees t-or any Services provided;and, further provided, that the party whose performance is being interrupted shall provide immediate 8.17 Xo Recordation notice to the other Party.if(lie force majeure event continues for ten(10)or more clays, then such non-performing Party may terminate this agreement. Provider shall not record this Agreement,the Addctufuni ora memorandum of Property Owner may procure services from in alternative service provider either. during and after a period of Curve majeure. 8.18 Eleclronic.Vstrur inlegratiun 8.10 ;lssignabilit)>;Srrcemsorsand:tssi,ns Provider agrees to provide all reasonable cooperation requested by Property Neither Party hereto shall assign(his Agreement in whole or in pact without Owner as Property deems necessary in order to allow Property Olvner to the prior written consent of the other Party hereto,which consent shall not be implement and integrate an electronic method of purchase order submission; unreasonably withheld or delayed, provided, however that AlNiC0 or an electronic method of procurement and payment; and an e-commerce Property Owner shall have file right to assign (his Agreement without program sys(cm_ Upon implementation of such elec(ronic systems,Provider. Providor's consctd.'ibis Agrccount zhall inure to the lbcncfit of and,holt bo shall accept:md record purchase ordora and payments from Proporly Owner binding upon the successor and permitted assigns of the Parties hereto. through such electronic systems. 8.11 Construction 8.19 Intellectual Property Descriptive headings to Sections arc for convenience only and Shull not a. In ilia event that the Services involve tho provision of control or affect (he meaning or construction of :any provisions in this any soli ware, material, information or products that involve Intellectual Agreement. Property, Provider represents that it has agreements in place with its employees and independent contractors sufficient to convey all ownership in 8.12 Camiterparts such work product to Properly Owner,and lhal Provider will,during the tent of this Agreement,including any renewal tents,enter into agreements with its employees and independent contractors,sufficient to convey all ownership in 'Iles Agreement may be executed in one or more counterparts,each of which such work product to Property Owner. 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 Party hereto shall constitute b. if Provider refuses or Property Owner is unable for any due execution and delivery of this Agreement by such Party, reason to secure Providers signature to execute any assignment or to apply for or to pursue any application of any United States or foreign patents, trademarks or copyright applications or registrations covering the Intellectual 8.13 trhitratian Property, then Provider hereby irrevocably designates and appoints Property Owner and its duly authorized managers,members,representatives and agents In the event a dispute shall arise between the parties to this Agreement or the as the Provider's agent and attorney in fact,to act for and in the Provider's Addendum, it is hereby agreed that the dispute shall be administered in behalf and stead to execute and file any such applications and to do all other accordance with the then current Commercial Arbitration Rules of the lawfully.permitted acts to firthzr the protection and issuance of letters patent, American Arbitration Association ("AAA-). Any matter to be settled by or copyright registrations thereon with the same legal force and effect as if arbitration shall be submitted to the AAA in Denver, Colorado. The Parties executed by Pro6der. Provider lurther agrees that Provider's obligation to shall attempt to designate one arbitrator from the AAA. Ifthcy are unable to execute or cause to be executed,when it is in Provider's power to do so,any do so within 30 days after %vrittcn demand therefor then the AAA shall such instrument o papers h e, r rs sell continue after the termination of this . PP designate an arbitrator. The arbitration shall be final and binding, and Agreement until the expiration of the last such intellectual property right to enforceable in any court of competent jurisdiction.The arbitrator shall award expire in any country in the world. attome fees (including}s' ( g those of in-house counsel) and costs to the substantially prevailing party and charge the cost of arbitration to the Party , 8.20 Ff cbsuteAcccss 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 Property Owner or AI\•ICO may permit,in their sole discretion, Provider to a court of competent jurisdiction located in Denver, Colorado. The court's access certain websites which contain information about AIA•ICO, its Jurisdiction over any such equitable maller, however, -,hal) he expressly affiliates, andror their properties or business. If Property Owner or AIMCO limited only to the temporary, preliminary or permanent equitable relief Permits such access, Provider will be given a user name and password. sought. Property Owner or AIhiCO may change the user name or password at any time or deny access to the-website(s)at any time. Property Owner or AIMCO Page 4 of 10 Master Service Agreement over$10k version 2.0 March 2009 SERVICES AGREEMENT also may change the information ort the website(s) at any tithe. 'lie information contained on the websites) is confidential and subject to the confidentiality provisions of this agreement. None of aI\ICO, Property Owner or their affiliates make any representations or warranties regarding the information contained on the websile(s)and Provider uses such information at its own risk: Provider may use the information on the websites) only fir Purposes of furthering its activities under this agreement. 3.21 Books and Records Provider shall maintain books and records with respect to the Services to he prodded and the Compensation to be paid hereunder. Property Owner shall, for a period of three years after the expiration or lenuination of this Agreement, have the tight to review and audit the books and records of Provider with respect to such Services. In the event such audit determines that Property Owner has overpaid Provider, Provider shall immediately pay the amount of overpayment plus interest at 1245 per annum from the data when such Compensation originally wis paid. 5.22 SignatureAuthority and Kalidil), Any lrnnenotion ovor$10,000.00 in ounuilalivo value ovor Ow•Conn of thin I' Agreement,or binding more Ih;m one(1)Properly Owner,shall be valid only if signed by a vice president or higher ranked individual within Property Ower. [the remainder of this page intentionally left hlankI Page 5 of 10 Master Service Agreement over$10k version 2.0 March 2009 SERVICES AGREEMENT ADDENDUM TO SERVICES AGREEMENT—EIIITBIT A 1. Name of Property Owner: AINICO NORTH ANDOVER, L.L.C. 2. Community Name(if applicable):Roayl Crest Estates 3. Apartment Property Address(include street address,city,state and zip code): 50 Royal Crest Drive, North Andover, MA,01845 -t. Apartment Property Telephone Number&Facsimile Number(include area code): Phone: (978)581-1822 Fax: (973)682-9064 5. Address for Invoices: AI11'ICO,PO 13ox'J8172S, EI Paso TX 79998-1721(i1•/dulrlic;ltcs to property) 6. Full Legal Nanrc of Provider: East Coast Celle'-A Coaitracting aka Thomas IT. ICinncl 7. Provider's Address(include street address, city, state and zip co(le): 286 Broach ay,Ir.,11-crhill MA 01832 8. Provider's Telephone Number& Facsimile Number(include area code): Phone: 978-350-00S 1 Fax: 978-372-4215 East Coast General Contractilng BUILDING RESTORATION PROFESSIONALS 286 Broadway Haverhill, Ma. 01832 Phone 1-978-360-0051 Fax 1-978-372-4215 9/10/13 Drywall repairs Bldg 41 unit 4 Provide and apply Drylock foundation coating to exposed foundation. Provide and install new batts insulation with 6 mil vapor barrier. Provide and install new drywall as necessary in closets and both bedrooms. Provide and apply 3 coats of joint compound to all new drywall and make smooth. Paint new drywall with pva primer and apply 2 coats of finish paint. Provide and install new wooden baseboard as necessary,prime and paint to match existing. Provide plastic floor protection throughout the project. Household clean all affected areas. All job related debris to be removed from unit. Sheetrock to be removed by others. $ 3,970.00 East Coast General Contracting Aimco Management Rep. i 5 Massachusetts -Department of Public Safety Board of Building Regulations and Standards Construction Supervisor, i License: CS-082747 Jl THOMAS H IQNIvL 286 BROADWAY; ap HAVERH LL MA 01832', Expiration Commissioner 06/20/2014 ' vine�a�lamaaruvetr/�af�`aJtac�uar.Lt Office of Consumer Affairs&Business Regulation --NOME IMPROVEMENT CONTRACTOR egistration. '148212 Type. ,.'Expiration: 3/2015; DBA EAST COAST GENERAL CONTRACTING THOMAS KINNAL 286 BROADWAY HAVERHILL,MA 01832 _ Undersecretary The Commmealth ofHassachusetts De•parfinent ofindustrial,4ceWnts Office of nvesdgadons 600 Washington Street Boston,AIA 02111 a= >`vlvw.massgov/dim . Workers' Contpensation.lnsuranreAffxdavit:Bufldexs/Contractolrs/EZectricianss/Plumbers AMylicant Tiuformation ]Please Print Legibly Name(Rusft=dorgaaizion&&vI&aI): h,,-.51- C045r G A/4�44 I Co N` e4z;f',4 Address: za 6 ej40w,4 City/ eJZip 4 t ff, fil# D t gy Z Phone#.. 9 79. 366 Are you art employer?Check the appropriate box: Type ofproject(required): 1_ T am a employer with_ 4. Q I amm a general contractor and 6. ❑New construction employees(fan-and/orpart time)* have biredfho sub-contractors 2.D T am a soleproprietor orpaztner- listed on the attached sheet t 7• ❑Remodeling . ship and have no employees These sub-contractors have 8. [l Demolition working for me im any capacity'. workers'comp.insurance. 9, 1-]Building addition [No workers'comp.thsurswe 5. ❑ We are a corporation and its 10.❑Electrical repairs or additions required.] : officers have wwrobed their 3.[]X am a homeowner doing all work right of axemptionper MOL'. 11.0]Phrmbing repairs or additions myself [NO MARTS'coMp. o.152,§1(4),andwehaveno 12.[]Roofrepairs insuramce required.]t employees.[so wodms' 13.❑06her comp.fimmmce required l *Any applicantthatchedmboxiftmustabof lontthoseotionbelowshowingiheirwodmiecampensWoupolioyinf) affon. 7Homeawnam who submitfla vM&vjIindicating they am doh*oU work and flies hum outside con6actm mmtsabmitanew of MaMadicating snA #C ontractozstbatabecictirtsbox mnstaltachedaaaddiflovAsbestshnwingthenamonfibesub-eonhgotorsandthekworhm'comp.policy bfoimadom lam an a nployer that fsymvidmg workers'eompemakort insumaeformy employees .Below is tiaepoTicy andjob site ir=formatior, . c InsuranceComlranyName.- Policy#or Self:im.Lim# W 5- 3 i-5 -.3-3 8?j 4? -0 23 oaDate. /2 3 1 �q J'ob Site.A.ddress: Attack a copy eXthe workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secures coverage as required under Section 25A of MGL c.152 can leadto the imposition of criminal penalties of a - fine up to$1,5001.00 and/or one-year imprisonment•,as well as civil penalties im the farm of a STOP WORK ORDE11 and a fine o£up to$250.00 a day againstthe violator. Be advised that a copy ofeb statementmaybe forwarded to the Of of Tavestigations of-&e DIA.fur insurance coverage veiifcation. Idohereby cerfcfyunder tJtepamsart petralriesofyerjurythattheincformadonprovidedabovelstri andcomec4 s• e. Date• Ib phone A �� � 360 60,5 ! Official'use on y. Do trot write in this area,to be complefed by city Or toffs of,f ed City or Town: PerimiilLfcease# . Ism&gAutho&y(circle one): X.Doard ofHealth 2.DmIdimgDepartment 3.City/Town Clerk 4.Electrical Inspector 5.Plmnbing Inspector f Other ContactPerson: . Phone#: ACCORV CERTIFICATE OF LIABILITY INSURANCE DATE(MMtDnffYYY) 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(ies) 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 endorsement(s). PRODUCER FRED C CHURCH INC CONTACT NAME: CONNECTOR PARK 41 WELLMAN ST LOWELL, MA 01851 PHONE IAIC.No 978 458-1865 VAX IA_1C No): 978 454-1865 E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: LibeV Mutual Insura INSURED no THOMAS H KINNAL INSURERS: DBA EAST COAST GENERAL CONTRACTING INSURERC: 286 BROADWAY INSURER D: HAVERHILL MA 01832 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 15563563 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 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTYPE OF INSURANCE ADDL UBR POLICY EFF POUCY EXP INSINSR WVD POLICY NUMBER MM/D MMlD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY I DAMAGEToRENTED PREMISES Ea occurrenceS CLAIMS-MADE M OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY 5 GENERALAGGREGATE S � GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S POLICY PROEl - ECT LOC S AUTOMOBILE LIABILITY ( Ea BI derDd N LE LIMIT S ANY AUTO BODILY INJURY(Per person) S AUTOO'SNVEO 8 SCHEDULED BODILY INJURY(Per accident))SS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident S �S UMBRELLA UAB OCCUR I EACH OCCURRENCE S EXCESS UAB CLAIMS-MADE AGGREGATE S I�DED "RETENTIONS S A WORKERS COMPENSATION WC5-31S-353816-023 2/23/2013 2/23/2014wCsrAru- orH- AND EMPLOYERS'LIABILITY Y/NANY TORY OMITS ER OFFICERIMEIMBOER EXCLUDED?NEREXECUTIVEa NIA E.L EACH ACCIDENT S 500000 (Mandatory in NH) I E_L DISEASE-EA EMPLOY S 500000 IF yes,describe under I DESCRIPTION OF OPERATIONS below ! E.1-DISEASE-111-1,LIMIT S 500000 ! ! IF 1 1 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Workers compensation insurance coverage applies only to the workers compensation laws of the state MA. PHYSICAL ADDRESS:50 ROYAL CREST DR NORTH ANDOVER MA 01845 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AIMCO PROPERTIES LP THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C/O COMPLIANCE DEPOT ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 115006 CARROLLTON TX 75011 AUTHORIZED REPRESENTATIVE Jeff Eldridge ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD RT NO.: 35' SG3 Oidi ❑an_ s ?/i f2C13 3:56:( AN P e of ' is certi`f'icate cancels and supersees r1L'� previously issued certificates. 1 .AClORaFCERTIFICATE OF LIABILITY INSURANCE 03012013 THIS THIS CERTIFICATE 1S 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(ies)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 endorsement(s). PRODUCER C NTACT Andrea Gallagher Fred C.Church,Inc. NAME 41 Wellman Street MINE NfA Nu 978 3227172 AX No: 978 4541865 Lowell,MA 01851 E-MAIL agallagher@fredcchurch.com (800)225.1865 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A: Peerless Insurance Company 24198 INSURED INSURER B Thomas H Kinnal DBA East Coast General Contracting INSURER C: 286 Broadway Haverhill,MA 01832-2908 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:24630 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 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1LTR TYPE OF INSURANCE A DLSUBR POLICY NUMBER MWDD EFF POLICY EXP LIMRs GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 XAMAGE TO RENTED 100 000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE M OCCUR MED EXP(Any one person) $ 5,000 A CBP8384091 2115/2013 2/15/2014 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2.000,000 riPOLICY PRO LOC $ AUTOMOBILE LIABILITY EOMaB�INdeSINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A AUTOWNED X SCHEDULED BA8382891 2113/2013 2/13/2014 ( ) BODILY Per accident $ PROPERTY DAMAGE AUTOS X HIRED AUTOS X AUTOS Per accident $ I $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE S DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/NER DRYANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFRCER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Property Name:Royal Crest Estates(Nashua) Contract No.:15148-404879-CP-0001 Coverage includes OWNER as Additional Insureds. CERTIFICATE HOLDER CANCELLATION AIMCO ROYAL CREST-NASHUA LLC Clubhouse 30 Royal Crest Drive SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Nashua,NH 03060 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Client# Mst# Cert Holder# ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Location4`` eb`��] oy-4 No. 7Zj — tj_ Date • - TOWN OF NORTH ANDOVER • Certificate of Occupancy $ • Building/Frame Permit Fee $ � ' r Foundation Permit Fee $ ` Other Permit Fee $ TOTAL $ Check# Building Ins6ector