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HomeMy WebLinkAboutBuilding Permit #357-13 - 42 ROYAL CREST DRIVE 11/1/2012 i TOWN OF NORTH ANDOVER APPLICATION FOR PLAN EXAMINATION Permit NO: - 1 Date Received Date Issued: — IMPORTANT:Applicant must complete all items on this page LOCATION Royal Crest 4Z BUILDING # Print PROPERTY OWNER AIMCO Royal Crest Estates LLC UNIT#. Print MAP NO: ON PARCEL ZONING DISTRICT: Historic District yes o X Machine Shop Village yes no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition XTwo or more family ❑ Industrial ❑Alteration No. of units: t Z ❑ Commercial Repair, replacement ❑Assessory Bldg ❑ Others: ❑ Demolition ❑ Other ❑ Serptic ❑Well p _ p,Wetlaridsl y �. WatershedDistnct 3 ❑Wafer/Sewers _. ,.._..- -_ _, . - _�......�_�- _ �._ �- - -- - DE CRIPTION OF WORK TO BE ERF RMED: �eGe .G,� fAle Px (Identification Ple s�j Type or Print Clearly) OWNER: Name: /Z�I4 f CUA 059-rGS �C. Phone•979 -" /6z Z Address: 4WIP C i e s r- CONTRACTOR Name: Thomas H. Kinnal Phone: 978-360-0051 Address: 286 Broadway, Haverhill MA 01832 Supervisor's Construction License: CS 82747 Exp. Date: 6/20/2011— Home /20/201Home Improvement License: Exp. Date: ARCHITECT/ENGINEER Phone: Address: Reg. No. FEE SCHEDULE.BULDING PERMIT.$92.00 PER$9000.00 OF THE TOTAL ESTIMATED COST BASED ON$125.00 PER S.F. Total Project Cost: $ `� $�e d FEE: $ Check No.: (,--4 Receipt No.: NOTE: Persons contracting with unregistered contractors do not have access to the guaran fund Plans Submitted ❑ Plans Waived ❑ Certified Plot Plan ❑ Stamped Plans ❑ TYPE OF SEWERAGE DISPOSAL Public Sewer ❑ Tanning/Massage/Body 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 HEALTH Reviewed on Signature COMMENTS coning 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: FIRE DEPARTMENT - Temp Dumpster on site yes Located 384 Osgood Streetno 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 o Building Permit Application o Workers Comp Affidavit ❑ Photo Copy Of H.I.C. And/Or C.S.L. Licenses o Copy of Contract o Floor Plan Or Proposed Interior Work ❑ 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 ❑ Workers Comp Affidavit ❑ Photo Copy of H.I.C. And C.S.L. Licenses o Copy Of Contract Li Floor/Crossection/Elevation Plan Of Proposed Work With Sprinkler Plan And Hydraulic Calculations (If Applicable) Li 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) o Building Permit Application o Certified Proposed Plot Plan ❑ Photo of H.I.C. And C.S.L. Licenses ❑ 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 ` o Mass check Energy Compliance Report o 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 I t r -- gaORTH Town of ;= t E ndover 0 . .............. No. OWN n -�h ver, Mass its I 1 cocNIc"t 09 ' cNewOcK A 447,ED S U BOARD OF HEALTH Food/Kitchen PER1T T D Septic System ` BUILDING INSPECTOR THIS CERTIFIES THAT ............. .. ... ............... . ........................................................ Foundation has permission to erect .......................... buildings on l."r..........q Rough to be occupied as ......3 �:� ..:...... yP. t.......ow..... ....................... 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 CONSTR TS Rough 0100 Service ..... Final BUILDING INSPECTOR 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 t L� This SERVICES AGREEMENT (this "Agreement") entered into by and 3.2 Pe lyment for.Services between the Property Owner (as identified on Exhibit A attached hereto ("Properly Owner") and Fast Coast General Confrtctina aka TholluL'i II Unless otherwise agreed by the Parties, Property Owner shall remit payment Kinnel (legal name)("Provider")with its principal place of business at 286 to Provider as specified in the Addendum; provided, however, Property Broadway, Haverhill. \fA 01832. Together, Property Owner and Provider Owner shall not be obligated to pay any portion of an Invoice xchich it era referred to herein individually as a "Party" and, collectively, as the disputes in good faith and submits to arbitration pursuant to Section 3.13 or "Parties." this Services Agreement.A.IMCO(or an affiliate thereof)shall have the right, but not the obligation, to make a payment owed by the Property Owner Property O%tater manages certain property located at the Property identified on hereunder, provided, however, nothing contained herein shall result in any Exhibit A:attached hereto ("Property"). Property Owner desires to engage liability of AIMCO or its affiliates, and no such payment shall create or Provider to providla certain services to Properly Owner, and Provider is constitute a course of dealing or course of conduct by'event or its affiliates, . willing to furnish the same on the ternis and conditions set forth herein and Provider hereby tt:lices any such chariot. In the event that ; I ICO has notified Provider of its intention to make a payment due hereunder and such fn consideration of the mutual promises of the Parties contained herein and, payment is not nada, Property Owner shall remain fully liable for such other good and valuable consideration, the receipt and sutliciency of which payments.Property Owner may take a 2%discount from the invoice price for :ire hereby acknowledged, the Parties, intending to be legally bound, hereby payment made within 20 days of receipt of invoice;otherwise,net pa}'stent is agree as follows: to be tendered within 30 days. I SERVICES 3.3 Tater Su.ject�to the terms and conditions of this Abreentent. Provider will provide Provider shall be solely responsible for all taxes with respect to any to Property Owner the services (the "Services" as more fully described in compensation due hereunder 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 [V TERA[:1ND1'F.R1[[N:1T[O`T responsible for perfornting only the tasks that are specifically set forth in a jointly-agreed Addendum. 4.1 Terra It DEFINI'T'IONS This Agreement shall continence on die Effective Date and shall continue in 2. effectntuntil April 30, 2011 unless this Agreement is earlier terminated (the 1 "C'nrrfrlentiallnjorruotir'n" "Te '). Property Owner may terminate this Agreement ai :lily fine by providing Provider with thirty(30)calendar days'written notice. in the 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 Property Owner, the of file Services under a Addendum, and Property Owner or AIMCO has paid luwirioaa or opar lioua of Property Owner :led ita alliliatea, infonnation for Pooh Sarvioea in fill,Provider Otall pay to Property Owner or AiMCO,as concerning any of the tenants, residents or invitees of Property Owner, the case may be,any Fees that dlo not represent actual work performed and/or employees of Property Owner or its alliliates,and/or the products,drawings, actual costs incurred, as described in Article Ili of this Agreement. Upon plans,processes,or other data of Property Ouatcr or its alfiliales• termination,the sole liability and obligation of Property Owner is for Property Owner to pay for such Services provided by Provider prior to the c(fecliLe 2.2 "F_fJ°ective Date" bate of termination; provided, however, Property Owner may offset any damages incurred by it against such amounts owed to Provider and Provider shall mean the date that the Addendum has specified as the EtTective Date. shall remain liable to Property Owner for any dvnages caused by Provider's de[ault- 2.3 "fees" 4.2 Termination for Breach shall mean all of[he fees, taxes, expenses, charges, incitictital expenses described in and payable under the Addendum,collectively.All Fees payable as the case may Either Party shall have the right to lenninale this Agreement, hy hereunder are payable solely in United Slates dollars. be,if the other Party fails to cure any material breach of the Addendum or this 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 ofthe breach during the Cure Period shall mean work performed by Provider for Property Owner pursuant to the and pursues cure of the breach in rood faith. Addendum or under this Agreement. The schedule for the Services shrill 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;Property Owner may purchase services similar or identical Property Owner shall be the assets of Properly Owner, provided, however, to the Services being provided hereunder Gom other service providers. that nothing contained herein pants Provider any lien or similar rights with respect to the applicable property or other assets of Property Owner. III INVOICING.PAPNIENT AND TAXES 4.3 Effect of Termination 3.1 lnvoicurg 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 provide 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 ("ABICO")or Property Owner may provide in the Addendum(atittich 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 I V COVENANTS AND WARRANTIES (j) neither Provider nor its employees, agents or contractors shall cause or permit to be caused any Hazardous Substances i.l 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 covenants and warrants to Property Oxttter that: wastes," "hazardous materials," "e.rtrenaely hazardous Nvastes," "restricted hazardous wastes,""toxic substances,""toxic pollutants,""contaminants" or (a) the Services shall be perfonned consistent with "pollutults,"or words of similar import,under any applicable Environmental generally accepted industry standards by adequately trained and competent Law;and(b)any other chemical,material or substance, exposure to w4ticlt is personnel, in a professional manner, utilizing sullicient and suitable prohibited, limited or regulated by any governmental authority. equipment, with quality supplies, materials, in it manner so as to minimize "Environmental Law" means any federal, slate or local statute, law, rule, annoyance, interference or disntption to tenants,occupants or invitees of the regulation,ordinance,code,policy or rule of conunon law now or hereafter in Property,and in accordance with the terns and conditions of this Agreement effect and in each case as :upended, and any judicial or administrative and the Addendum: interpretation thereof. including any judicial or administrative order, consent decree or-judgment, relating to the environment,health, safety or Hazardous (b) if the Services include the provision of products, such Substances, including without limitation the Coniprchensive Environmental products shall be free of defects, tit for their intended use, conform to the Response,Compeasatiort and Liability Act of 1950,as amended,42 U.S.C. § specifications, terms and conditions set forth in this Agreement and the 9601, et seq.; the Hazardous Materials 'fransporlalion Act, as amended, 49 Addendum,free orally liens and conveyed with good title; U.S.C.app. § IS01,et seq.;the Resource Conservation and Recovery Act,as amended,42 U.S.C.§6901,el seq.;the Federal Water Pollution Control Act, (c) Provider shall comply with all applicable federal, state as amended,33 U.S-C. § 1251,et seri.;the Toxic Substances Control Act, 15 and local laws, ordinances, regulations and orders (collectively, "Laws") as U.S.C.§2601,ct seq.; the Chan Air Act,42 U.S.C. $7401, et seq.; and the well as with all ales azul regulations promulgated by Property Owner vviUt Safe Drinking Water Act,42 U.S.C. §300f,et seq.; respect to entry onto the Property,and shall promptly notify Property Owner orally violation orpotential violation ofthe laws; (k) in the event that Provider tiles ror bankruptcy or receivership under federal or similar skde laws or has filed against it a sinlilar proceeding, Provider shall dismiss such action within sixty (60) clays after (d) Provider shall, prior to commencing any work hereunder or under the Addendum, obtain:rod maintain throughout the Term filing, all approvals, licenses and/or pcnnits required by any Law or governmental agency,board or other jurisdietion; (1) neither Provider nor its employees, agents or contractors shall use lead-based paint (or any constituent or product that contains Icad-based paint)on the Property;:rod (c) upon completion of the San•iceq I'rovida:r shall(i)utwn Property Owncr's request, restore the Property to its origin:d condition, (ii) leave the Property clean and free of all tools,equipment,waste materials and (nr) if the provision of Services includes the provision of debris;and(iii)he liable for the cost of any utilities left on by Provider or its Product:,risk of!oss for:any products stall remain .vitli Provider until suc!l contractors,subcontractors or agents after 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(c); shipment, freight and other similar charges shall be the sole responsibility of Provider. Provider shalt ship all orders in 11M,except where Property Owner (Q Provider shall be responsible for damage to or theft of has given its prior approval to receive partial orders. Provider may not substitute products without the prior wTlttell approval of Property owner, in caul or personal property of Property Owner or agents; located at ilio Property Property Owners'sole discretion.Time shall be of the essence with respect to caused by Provider's employees,contractors or aaggents; this Agreement :and the addendum. If Provider fails to deliver on little, Property Owner may purchase replacements from a third party and Provider (g) where requested by Property Owner, Provider shall shall be liable for the actual and reasonable costs and damages 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 fi arranties patent or other intellectual property right utilized in providing the Ser\ices; (a) Provider has not and will not disclaim any implied or (i) Provider shall maintain insurance that is customarily express warranties. maintained by others in the industry, but in no event shall Provider have primary insurance in an amount less than the rollowing- For usual and (h) Property Uvvncr shall not be required to inspect or customary activities the following requirements apply. Activities for which ;approve any of the Services or products; the failure of Property Owner to die following requirements do not apply include higher risk services- Some examples of higher risk services include asbestos abatement, phase II discover defects or deficiencies therein shall not constitute acceptance of any defective or deficient Service or product,and shall not relieve Provider of environmental testing, moving and storage, and professional services perfonned by architects, engineers, or accouniants. Workers compensation its form to thus pursuant to this Agreement.[fury products supplied n not insurance as required by law, commercial general liability, including conform to those warranted, 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 ofa 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 than$1,000,000.00 on an occurrence basis and an amount of not less than $1,000,000.00 in the aggregate. Upon V1 OWNERSHIP OF MATERIALS corntmencement of this Agreement, Provider shall cause the insurer issuing such policies to issue a certificate to AIMCOconfirming that such policies Property Owner shall have all right,title and interest in and to all information have been issued and are i t full force and effect, and give 30 days prior and work product,including but not limited to all inventions,original works written notice to AINICO 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 unprovemcnts, trade secrets, secret processes, patents, patent applications, aware of a material change in any policy. AIItICO,and AI 41C0'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 be named as an trademark or other similar laws, 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 S 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 8.1 may cause such Works may not by operation of law, vest in Property Ovvnet or such irreparable injury to Propcti)'Owncr for whiclu nionctary clantages stay not be works may not be considered to be works made for hire, alI right, title and an adequate renicdy. 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 and other rights in tho Works in Property Owner's nanta. Provider agraes not 8,2 Retationshlp Heti'een dee Parties to use ilia Works for the benefit ofanyone other than Property Owner,without Property Owner's prior written pennission. The relationship between the Parties shall it all-times be that of independent contractors. Nothing contained in this Agreement shall be constnred to create \-II R&\[EDIES,DANIAGES AND INDEMNIFICATION a partnership, joint venture, ager or other form of joint enterprise P• R 1 agency cY J P relationship hetwecn the Partics. Each Party shall he solely responsible for 7.1 Cuntrrinth,e Remedies payment of all compensation owed to its employees, as well as eniployntcnt related taxes. Neither Party shall have authority to contract for or bind the Property Owner's tights and remedies herein shall be cumulative and in other Party in any manner whalsoever.This Agreement confers no rights upon addition to any other or fimher rights and remedies available at law or equity. either Party except those expressly granted herein. 7.2 Damages 8.3 Governing Lem,nerd Jurisdiction Except with respect to indemnification provided in Section 7.3 below, each This Agreement,and 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 Agreement shall he adjudicated in the actual antouat payable by Property Owner to Provider for the supply of it District Court of the County of Denver,State of Colorado or the United States particular.q'orVioe actually provided hereunder. District Court for the State of Colorado. The Parties agree to submit to the exclusive jurisdiction of, and agree that venue is proper in, the aforesaid 7.3 hrrlenutificntiart courts in any such legal action or proceeding. Provider shall indemnify,hold harnuless and, if requested by Property Owner 84 Alrtices in its sole and absolute discretion,defend(with counsel approved by Property Owner) Property Owner, its employees, agents, principals and Stockholders All uotio.o,including tw(icOa of addroHN ahango,requlrod to bo cont Iteroundor (the"Indemnified Parties")and(told them harmless against any loss, liability, shall be in writing to the address listed in ilia applicable Addendum, with it deficiency, damage, expense or cost (including reasonable legal expenses), copy to: actually incurred or paid (collectively, "I.,osses"), which the Indemnified Parties may suffer, sustain 'or become subject to, as a result of(i) any Legal Department misrepresentation in any of the representations and warranties of Provider AIMCO contained herein or in the Addendum; (ii) any breach of, or failure to 4542 South Uster Street Parkway,Suite 1100 perform, any agreement or covenant of Provider contained herein or in the Denver,CO 50237 Addendum; (iii) Provider's negligence or misconduct; or (iv) Provider's violation of,or noncompliance with any Law. Notices shall be deliveredand shall be deemed received:(a)by hand delivery, upon receipt thereof-, (b)by mail, seven(7)clays after deposit in(fie United 74 Wairer States mails, postage prepaid, sent via lirst-class mail; (c) by facsimile transmission, upon electronic continuation thereof-,(d)by next clay delivery Provider hereby waives any and all claims against the Indemnified Parties for service,upon such delivery;or(e)by e-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 any property,violation of Law, 8.5 Severability or otherwise in connection with the condition of the Property or any facilities therein, any event or occurrence on or about the Property or the acts or In the event that any provision of this Agreement is held to be illegal, invalid omission of any person,except with respect to the gross negligence or willfid or unenforccahle such provision squill he eliminated or eliminated to the misconduct of an Indemnified Party. minimum extent necessary so that the remaining provisions of this Agreement will remain in frill force and effect and he enforceable. V Ill GENERAL 8.6 Waiver 8.1 Nondisclosure 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 htfomtation for purposes deemed a waiver of any other or subsequent default or breach or of such other than those necessary to directly further the purposes of this Agreement. 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 patties the Confidential htformation without the prior written regardless of form,arisings 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 same degree of care that Provider uses to protect its own like information_Provider shall notify its 8.7 F.iuire:t.-reemerrt receiving employees, agents and contractors of their confidentiality obligations with respect to the Confidential Information of Property Owner and shall require its employees, agents and contractors to comply with these This Agreement together with any associated Addendum that specifically obligations. Other than as to infonnation related to Fees due under this references this Agreement, constitutes the complete agreement between the 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,concerting the subject matter of its employees, agents and contractors shall survive indefinitely after the this Agreement termination or expiration of this Agreement Page 3 of 10 Master Service Agreement over$10k version 2.0 March 2009 .r, SERVICES AGREEMENT 8.8 IrnarcGnent 8.14 Gifts teither this \grecnient nor em Addonduut may bo modified or amended Provider is prohibited Iran providing gifts or other things of value words except in writing signed by a duly authorized representative of each Pally. No more than S25 anllulative during the 'renn of the Agreement to Property other act,document,usage or custom shall be deemed to:upend or modify this Owner or its affiliates,employees agents or contractors. Agreement or an Addendum. It is expressly agreed that any terms and conditions of Property Owner's purchase order,terns sheet,agreement or other 8.15 Third Park,Beneficiarie-s negotiations kith Provider shall be superseded by the tents and conditions of this Agreement and the applicable Addendum. This Agreement is for the sole benefit of the Parties,except that AIMCO and its atriliates are intended to be third party beneficiaries of this Agreement with 8.9 Force:Itnjerrre respect to Sections 3.2,S.13,S.17 and the indenuulied Parties hvith respect to Provider's indemnification. Bach Party shall be excused Cor failure to perform;my part of this Agreement due to events beyond its control,including but not limited to fire,storm,flood, 8.16 :fin Use of\'arne earthquake, explosion, accident, riots and other civil disturbances,sabotage, strikes or other labor disturbances, injunctions, transportation embargoes, computer viruses,acts of terrorism or delays, failure of perfonnance of third Provide shall not publicize, publish or otheny a use the pante of Property buries necessaryfor the Panics' performance under this A cemen or the Owner, AIMCO or any of their affiliates in any advertising, customer list or i' p,. �. t similar document, or otherwise disclose the contractual relationship with laws or regulations of the federal, state or local government or branch or agency thereof-, provided, however, no force nlajcure event shall excuse the Property Owner,AIMCO,or their affiliates,without the prior written approval obligation of the Party claiming the benefit of it force majeure event from of AIMCO,which may he given or withheld in AINfCO's sole discretion. paying the applicable Fees ibr any Scnices provided; and, further provided, that the party whose performance is being interrupted shall provide inmtediale 8.17 Na Recordation notice to the other Pally. If the force majeure event continues for tell(10)or more clays, then such non-performing, Party stay terminate this agreement. Provider shall not record this Agreement,the:\ddcndunt or a ntenuoralldunt of Property Owner may procure services front an alternative service provider either. during and after a period of force majeure. 8.1 R Eketronic SI-slent Integration 8.10 A.Ysigrrahifrtp;SrrccccsorsandAssigns Provider agrees to protide all reasonable cooperation requested by Property Neither Party hereto shall assign this Agreement in whole or in pall without Owner as Property deems necessary in order to allow Property Owner to the prior written consent of the other Party hcrelo,which consent shall not be iniplentert and integrate an electronic method of purchase order submission; unreasonably withheld or delayed, provided, however that AINICO or an electronic ntielhod of procurement and payment; and an c-coninierce Property Owner shall have the right to assign this Agreement without program system. Upon iniplernentalion of such electronic systems, Provider Provider's con—sit.Thio Agrccmctnt ahall iuurc to the benefit of and shall be shall accept and record purchase ordora aid paymonta from Propm{y Owner binding upon the successor sett permitted assigns of the Parties hereto. through such electronic systems. 8.11 Constructs or 8.19 intelteclual Properq, Descriptive headings to Sections are for convcniciucc only and shall not a. in lite event that Lilo Services involve the provision of control or affect the meaning or construction of any provisions in this any sollware, material, information or products that involve intellectual Agreement. Property, Provider represents that it has agrccnhents in place with its employees and independent contractors sufficient to convey all ownership in 8.12 Carrtterparts such work product to Property Owner,and that Provider will,during the tent of this Agreement,including any renewal terns,enter into agreements with its employees and independent contractors,sufficient to convey all ownership it This Agreement may be excculed in one or more counterparts,each of which such work product to Property Owner- shall wnershall be deemed an original instrument,bill 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 Properly Owner is unable for any due execution and delivery of this Agreement by such Party. reason to secure Provider's signature to execute arty assignment or to apply for or to pursue any application of any United Slates or foreign patents, trademarks or copyright applications or registrations covering the Intellectual 8.13 arbitration 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 further 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 Asst in Denver, Colorado. The Parties executed by Provider. Provider further agrees that Proxider's obligation to shall attempt to designate one arbitrator from the AAA_ If they 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 written demand therefore, then the AAA shall such instrument or papers shall continue after the termination of this 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 attorneys' fees (including those of in-house counsel) and costs to the substantially prevailing party and charge the cost of arbitration to the Party 8.20 Website A cress witich is not the substantially prevailing Party. Notwithstanding anything herein to the contrary,this Section 8.13 shall not prevent either Party front seeking and obtaining equitable relief on a temporary or permanent basis from Property Owner or AI\ICO may pert»it in their sole discretion Provider to a court of competent jurisdiction located in Denver, Colorado. The court's access certain w-ebsitcs which contain information about AIMCO, its urisdiction over an such equitable matter, however, shall be expressly affiliates, andtor their properties or business_ If Property Owner or A NICO }' q e pr -,y permits such access, Provider will be given a user name and password. Limited only to the temporary, preliminary or permanent equitable relief sought. Property Owner or AINICO may change the user name or password at any tune or deny access to the website(s)at any time. Property Owner or AIMCO Page 4of10 Master Service Agreement over$1 Ok version 2.0 SERVICES AGREEMENT also may change ilia information on the wabsite(s) at any time. The information contained on ilia website(s) is confidential and subject to the confidentiality provisions of this .Agreement. None of AIMCO, Property Owner or their affiliates make any representations or warranties regarding the information colltalllcd on Ilia\vebsile(s)and Provider uSes such information at its own risk: Provider nlay use the information on Ilia wcbsite(s) only for purposes of liuthering its activities under this Agreenn:nt. .4.21 Banks and Records Provider shall maintain books and records with respect to the Services to be provided and the Compensation to be paid hereunder. Property Owner shall, for a period of three years after Ilia expiration or termination of this Agreement, have the right 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 ovQrpaid Provider, Provider shall immediately pay the amount of Ovatpaynhent plus interest at 12°n per annum front the date when such Compensation originally was paid. 5.22 Signahtre:l uthorily and Maliditl, Any lrannnotion ovor $10,000.00 in ounndativo value over tbo"rorm of lhie Agreement,or binding more than one(I)Property Owner,shall he valid only if signed by a vice president or higher ranked individual within Property Owner. [the remainder cfthis page intentionally left blank] I� i i Page 5 of 10 Master Service Agreement over$1 Ok version 2.0 March 2009 SERVICES AGREEMENT ADDENDUM TO SERVICES AGREEMENT—EXHIBIT A 1. Name of Property Owner: AMIGO NORTH ANDOVER, L.L.C. 2. Conununit)'Name(ifapplicable):Roa}l Crest Estates 3, Apartment Property Address(include street address, city, state and zip code): 50 Royal Crest Drive, North Andover, 1\tA,01845 4. Apartment Property Telephone Number sec Facsimile Number(include circa code): Phone: (978)681-1822 Fax: (973)682-9061 i. Address for Intoiccs: AIMCO, PO Box 981725, EI PASO TX 79998-172i(w/duplicates to pl'Opel"t)') 6. Tull Legal Name of Provider: East Coast General Colitracting alta Thomas H. Kinnel 7. Provider's Address(include street address, city, state and zip code): 286 Broad«ay,Haverhill MA 01832 8. Provider's Telephone Number Facsimile Number(include area code): Phone: 978-360-0051 Fav 978-372-4215 i East Coast General Contracting BUILDING RESTORATION PROFESSIONALS 286 Broadway Haverhill, Ma. 01832 Phone 1-978-360-0051 Fax 1-978-372-4215 10/30/12 North Andover 42-04 Drywall Repairs Provide and apply Drylock foundation coating to interior of exposed foundation. Provide and install batts insulation as necessary. rruv ide and Install b 11111 poly uapur own icr over installed Insulation. Provide and apply compound..sand smooth,prime and paint bath ceilings to match existing. Provide and install 900 Sq/Ft of M.R.sheetrock on all areas removed by others. Provide and apply compound to all new sheetrock. Sand smooth,prime and paint all new sheetrock surfaces two coats. Provide and install 40 L/Ft.of 3 '/4 inch wooden baseboard. Paint baseboard to match existing. Patch living room,dining room,hallway,both bedrooms and kitchen ceilings after popcorn/texture removal by others. Prime ceiling with BIN primer and apply new popcorn/texture up to 875 sq/ft to match existing. Paint new popcorn/texture 2 coats to match existing. Provide plastic floor and wall protection through out the project. Clean up and removal of all job related debris. Household cleaning of affected areas. sheetrock and popcorn/texture to be removed by others. For the sum of;Four Thousand Eight Hundred and Sixty Dollars. $4,860.00 c East coast General Contracting CERTIFICATE OF LIABILITY INSURANCEF.DATE`MMIDDIYYYY) 912712012 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 PHONE No.Fad. 978 458-1865 Aic No: K8J 165 LOWELL, MA 01851 EMAIL ADDRESS- INSURER(S) DDRESS:INSURER(S)AFFORDING COVERAGE NAILS INSURER A: Libtft Mutual Insurallm THOMAS H KINNAL INSURER 8: DBA EAST COAST GENERAL CONTRACTING INSURER C: 286 BROADWAY INSURER D. HAVERHILL MA 01832 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 14235761 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. i�TR TYPE OF INSURANCE ARM I=N POLICY NUMBER POLICY EFF PIDM LICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ M'MAGE TO COMMERCIAL GENERAL LIABILITY PREMISES Ea oxurrertce $ CLAIMS-MADE f-1 OCCUR MED EXP(Arty one persmr) $ PERSONAL&AOV INJURY $ GENERAL AGGREGATE $ GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AtBG $ PRO.POLICY LOCrE MIT $ AUTOMOBILE LIABILITY Ea aoicideM SlNk $ ANY AUTO BODILYINJURY(Per person) $ ALS ED 8 SCHEDULED BODILYINJURY(Per accident) $ AUTOS OP(per a S AMAGE $ HIRED AUTOS AUTOS $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ $ A WORKERS COMPENSATION 1115-31 S-353816-022 2/23/2012 2123/2013A� AND EMPLOYERS'LIABILITY YIN TORY LIMITS ANY PROPRIETOPJPARTNERIEXECUTIVEEL EACH ACCIDENT $ 500000 OFFICERIMEMBER EXCLUDED? a NIA (Mandatory in NH) EL DISEASE-EA EMPL $ 500000 It yea,desrnbe order EL DISEASE-POLICY LIMITS 5000 DESCRIPnON OF OPERATIONS below OO DESCRIPTION OF OPERATIONS I LOCATIONS I 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. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AIMCO NORTH ANDOVER L.L.C. THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 50 ROYAL CREST DRIVE ACCORDANCE VMM TME POLICY PROVISIONS. NORTH ANDOVER MA 01845 AUTHORIZED REPRESENTATIVE Jeff Eldrid e ®1988 2010 ACORD CORPORATION. All rights restn'ved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CMtT NO.: 14235761 ltatherine Niaholes 9/27/2012 2:02:10 PN Page 1 Of 1 ' This certificate cancels and Supersedes ALL previously issued certificates. The Com wnweaXth ofKaysachusetls n DI De,pat°tment oflndustri'd Acciden& O,ffice o,frnvesfagations 600 Washington Street BostoY4 A4. A 02111 Uv. mm.mms.gov/dIa Workers' Compensation InswraneeAffidavit:BWlders/Con ractors/&Ieciddow/plumbers Applicant Informatlion PlLease Print JLelril Name(Rusfindotganizationadividndl): , Co#S'}" /. q t Address- U6 6 eJ4Du'41 City/Sfiafe&ip: G�� /�/�' 4!$y Phone 9 7C V..06 � t Are you an employer?Check the appropriate box: Type o£proiect(required: •1.9I am a employerwith__ .. 4. ❑I amt a general contractor andI 6. ❑New construction employees(fall-and/orpart time)* havebiredfbe sub••coutractors 2.M I am a sole proprietor orpartner- listed on the aftaciied sheet:t 7• Remodeling . ship and have no employees These sub-contractors have 8. ❑Demolition working for me in any capacity. workers'comp.insurance. 9. [l Building addition [No workers'comp.insurance 5. Q We are a corporation and its 10.Q Electrical repairs or additions officers have exercised their required.] 3.Q r am r homeowner doing all work of exemption per MGL. 11.Q Plumbingrepairs or additions myself[No workers'comp. 0.152§1(4),and wehave no 12.0 Roo£repairs employees. workers' instuancexegnired.]t �o 13.❑Other comp.insurance required.] ?Any applicantthetchubbmc#ln;m tatsoMouttheswUmbelowshowmgtheirwakmecompmwationpoli Yfa%=ah0IL T Homeowners wiio suhmitah d&Ua bdic s&Stbey ata doingall work and then hire outside cont WWM must submits new affidavit indicating snub. #Contrac mthaaeheoktbisboxmustanwhedaaadditiondshmAsbowingthenameofihesub-eonkaotmandtiiehrworkWcomp.policyfiform doe Imn an mWloyerihat fsyrovidWgvorkers'eonWemation fAmmeeformy etxployees Below Is the v0fl9 andfob site informafiorz. j� ��•/ � Insumnca CampauyName: it Poiicy#or Seif-in.Lia 1,5 ' �. '�l L °7,Z_, rob Site Address• GYi�' -A•�'I/i®C '�, .�s�' 8��y Attach a copy of the workers'compensation policy declaration page(showing the policy number and eupiraftou date). Failure to secure coverage as required under Seo(ion 25A of MOL o.152 can Ieadto the imposition of criminal penaMes of a - face up to$1,500.00 and/or one-year imprisons n�t-as well as civil penalties i a the foam of a STOP WORK ORDER and a fins ofup to$250 00 a day againstthe violator Ba advised that a copy ofila statementmaybe forwarded to the Office of Iuves0gafions ofthe DIAfor insurance coverage veatf' cation. I r2'o hereby certify underfhepairts penalties ofyerjkrry that the it:fornraiionprovidedab a�' true andcorrect. 8- B. Date- Phone - Dffidrrl use orgy. Do not write in this area,to be completed by dry or town offidaZ Cfty or Town: Perxnit/I.fcense# Issuing Auf6torrty(circle one): 1.Board ofHealth Z.BuildingDepartment 3.City/Town Ggerk 4 MectricalhVeetor 5 Plumbing IWector G Other ContactPerson- . Phone#: I iNassachusetts -Department of Public Safety Board of Building Regulations and Standards Construction Super isor License: CS-082747 \�1 1 I♦ Fr THOMAS H I INNAL 286 BROADWAY. HAVERHILL MA 01832 Exp1;anon Commissioner 06/20/2014 n i l ® DATEMMIDD/YYYY AR CERTIFICATE OF LIABILITY INSURANCE 09272012 ' 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 CONTAC Andrea Gallagher Fred C.Church,Inc NAME. PHONE 9783227172 FAX 9784541865 41 Wellman Street A!C No Ent: AIC No Lowell,MA 01851E-MAIL agatiagher(a@kedcchurch.com (800)225-1865 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC 8 INSURER A: Peerless Insurance Company 24198 INSURED INSURER B: Thomas H Kinnal DBA East Coast General Contracting INSURER C: 286 Broadway INSURER D Haverhill,MA 01832-2908 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:21125 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. �S TYPE OF INSURANCE g DLIS BRI WVD POLICY NUMBER MPOOLICY EFF MPO ICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000.000 To� X COMMERCIAL GENERAL LIABILITY PRS Ea occurrence $ 100'000 PREMIS CLAIMS-MADE D OCCUR MED EXP(Any one person) $ 5,000 A CBP8384091 2/152012 2/152013 PERSONAL&ADV INJURY $ 1.000.000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2.000'000 POLICY PET RO- El LOC $ AUTOMOBILE LIABILITY ==SINGLE LIMIT $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ AALL OWNED X SCHEDULED BAS382891 2/132012 2/132013 BODILY INJURY(Per accident) $ AUTOS AUTOS HIIREDAl1TOS ,X qUT�O � PR Pe�.ERTnt AMAGE $ X $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATIONWC STATIMIMTS I OTH AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR/PARTNERIEXECUTNE❑ N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (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,it more space is required) Property Name:Royal Crest Estates(North Andover) Contract No.:14629-404879-CP-00002 Coverage includes owner as Additional Insured CERTIFICATE HOLDER CANCELLATION AIMCO NORTH ANDOVER LLC 50 Royal Crest Drive SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE North Andover,MA 01845 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE J client# Mgt# 21125 CertHolder# ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26(2010/05) The ACORD name and logo are registered marks of ACORD WLocation +�/ji�0%� 7 pZ �/i✓�� No. Date • TOWN OF NORTH ANDOVER • ` Certificate of Occupancy $ Building/Frame Permit Fee $ Foundation Permit Fee $ Other Permit Feek- TFRINVO*. $ TOTAL $ Check# 25896 Building Inspector