HomeMy WebLinkAboutSOB14-004 Mountain Top Ventures, Inc. Agreement AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN SENIORS ON BROADWAY,LP AND MOUNTAIN TOP VENTURES,INC.d/b/a SHC NURSERY AND LANDSCAPE COMPANY THIS AGREEMENT("Agreement")is effective,as of the 1— day of Na-1 .20A by and between Mountain Top Ventures,Inc.d/b/a SHC Nursery and Landscape Company,a Colorado corporation(hereinafter"Contractor')and Seniors on Broadway,LP a Colorado limited partnership (hereinafter"SOB"). RECITALS WHEREAS,SOB is in need of snow removal from the driveways,sidewalks,parking curb stops and in between vehicles,when snow levels accumulate over two(2)inches(the"Project")at the Seniors on Broadway Apartments located at 750 Broadway,Eagle,CO 81631 (the"Property");and WHEREAS,Contractor is authorized to do business in the State of Colorado and has the time,skill, expertise,and experience necessary to provide the Services as defined below in Paragraph 1 hereof;and WHEREAS,this Agreement shall govern the relationship between Contractor and SOB in connection with the services. AGREEMENT NOW,THEREFORE,in consideration of the foregoing and the following promises Contractor and SOB agree as follows: 1. Services. Contractor agrees to diligently provide all services,labor,personnel and materials necessary to perform and complete the services described in Exhibit A("Services")which is attached hereto and incorporated herein by reference.The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A,then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. • b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement,the terms and conditions set forth in this Agreement shall prevail. • c. Contractor agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. SOB'sRepresentative. The Housing Department's designee Leona Perkins,the on-site Property Manager,shall be Contractor's contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above,and subject to the provisions of Paragraph 12 hereof,shall continue in full force and effect through the 150 of April,2015. 4. Extension or Modification. This Agreement may not be amended or supplemented,nor may any obligations hereunder be waived,except by agreement signed by both parties.No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by SOB for such additional services in accordance with SOB's internal policies. Accordingly,no course of conduct or dealings between the parties,nor verbal change orders,express or implied acceptance of alterations or additions to the Services, and no claim that SOB has been unjustly enriched by any additional services,whether or not there is in fact any such unjust enrichment,shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by SOB for such additional services is not timely executed and issued in strict accordance with this Agreement,Contractor's rights with respect to such additional services shall be deemed waived and such failure shall result in non-payment for such additional services or work performed. 5. Compensation. SOB shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed$5,238.00. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by SOB. a. Payment will be made for Services satisfactorily performed within thirty(30)days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent,tasks performed,who performed each task and such other detail as SOB may request. b. Any out-of-pocket expenses to be incurred by Contractor and reimbursed by SOB shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries,bonuses or other compensation to personnel of Contractor. Contractor shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by SOB. c. If,at any time during the term or after termination or expiration of this Agreement,SOB reasonably determines that any payment made by SOB to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement,then upon written notice of such determination and request for reimbursement from SOB,Contractor shall forthwith return such payment(s)to SOB. Upon termination or expiration of this Agreement,unexpended funds advanced by SOB,if any,shall forthwith be returned to SOB. 2 SNROB Professional Services Final 5/14 d. SOB will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 6. Subcontractors. Contractor acknowledges that SOB has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any .subcontractor agreements for the performance of any of the Services or additional services without SOB's prior written consent,which may be withheld in SOB's sole discretion. SOB shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom SOB has an objection,in its reasonable discretion,shall be assigned to the Project. Contractor shall require each subcontractor,as approved by SOB and to the 1 extent of the Services to be performed by the subcontractor,to be bound to Contractor by the terms of this Agreement,and to assume toward Contractor all the obligations and responsibilities which Contractor,by this Agreement,assumes toward SOB.SOB shall have the right(but not the obligation)to enforce the provisions of this Agreement against any subcontractor hired by Contractor and Contractor shall cooperate in such process.The Contractor shall be responsible for the acts and omissions of its agents, employees and subcontractors. • 7. Insurance. Contractor agrees to provide and maintain at Contractor's sole cost and expense,the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers'Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than$1,000,000 each accident combined bodily injury and property damage liability insurance,including coverage for owned,hired,and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury,products/completed operations,broad form property damage with limits of liability not less than$1,000,000 per occurrence and$2,000,000 aggregate limits. iv. Professional liability insurance with prior acts coverage for all Services required hereunder,in a form and with an insurer or insurers satisfactory to SOB,with limits of liability of not less than$1,000,000 per claim and$2,000,000 in the aggregate. in the event the professional liability insurance is on.a claims-made basis,Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. 3 SNROB Professional Services Final 5/14 i. The automobile and commercial general liability coverage shall be,endorsed to include SOB,its associated or affiliated entities,its successors and assign;elected officials,employees, agents and volunteers as additional insureds. ii. Contractor's certificates of insurance shall include subcontractors as additional insureds under its policies or Contractor shall furnish to SOB separate certificates and endorsements for each subcontractor. All coverage(s)for subcontractors shall be subject to the same minimum requirements identified above. Contractor and subcontractors,if any,shall maintain the foregoing coverage in effect until the Services are completed. In addition,all such policies shall be kept in force by Contractor and its subcontractors until the applicable statute of limitations for the Project and the Services has expired. • iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an"AM.Best"rating of not less than A-VIE. iv. Contractor's insurance coverage shall be primary and non-contributory with respect to all other available sources. Contractor's policy shall contain a waiver of subrogation against SOB. v. All policies must contain an endorsement affording an unqualified thirty(30) days'notice of cancellation to SOB in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Contractor's certificate of insurance evidencing all required coverage(s)is attached hereto as Exhibit B. Upon request,Contractor shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five(5)business days of a written request from SOB,and hereby authorizes Contractor's broker,without further notice or authorization by Contractor,to immediately comply with any written request of SOB for a complete copy of the policy. viii. Contractor shall advise SOB in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Contractor,at its own expense,will reinstate the aggregate limits to comply with the minimum limits and shall furnish SOB a new certificate of insurance showing such coverage. ix. If Contractor fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to SOB,SOB shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that SOB is relying on,and does 4 SNIOOB Professional Services Final 5/14 not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act,as from time to time amended,or otherwise available to SOB,its affiliated entities,successors or assigns,its elected officials, employees,agents and volunteers. xii. Contractor is not entitled to workers'compensation benefits except as provided by the Contractor,nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless SOB,and any of its officers, agents and employees against any losses,claims,damages or liabilities for which SOB may become subject to insofar as any such losses,claims,damages or liabilities arise out of directly or indirectly,this Agreement,or are based upon any performance or nonperformance by Contractor or any of its subcontractors hereunder,and Contractor shall reimburse SOB for reasonable attorney fees and costs, legal and other expenses incurred by SOB in connection with investigating or defending any such loss, claim,damage,liability or action. This indemnification shall not apply to claims by third parties against SOB to the extent that SOB is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Contractor in connection with the Services shall become property of SOB. Contractor shall execute written assignments to SOB of all rights (including common law,statutory,and other rights,including copyrights)to the same as SOB shall from time to time request. For purposes of this paragraph,the term"documents"shall mean and include all reports,plans,studies,tape or other electronic recordings,drawings,sketches,estimates,data sheets, maps and work sheets produced,or prepared by or for Contractor(including any employee or subcontractor in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when(i) personally delivered,or(ii)when mailed in the United States mail,first class postage prepaid,or(iii) when delivered by FedEx or other comparable courier service,charges prepaid,to the parties at their respective addresses listed below,or(iv)when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date,time and receiving facsimile number for the transmission,or(v)when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. SOB: Attention.:Jill Klostemman 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone:970-328-8773 5 SNROB Professional Services Final 5/14 Facsimile:970-328-8787 • E-mail:jill.klosterman@eaglecountyus • With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,Co 81631 Telephone:970-328-8685 Facsimile: 970-328-8699 E-mail:atty@eaglecounty.us CONTRACTOR: • Mountain Top Ventures,Inc.d/b/a SHC Nursery and Landscape Company Attn:Mike Stevens—President 916B Chambers Avenue PO Box 2049 Eagle,CO 81631 Telephone:970-328-5484,Ext.2 Facsimile:970-328-5485 Cellular:970-904-0198 E-mail:mkce.stevens@shclandscape.com 11. Coordination. Contractor acknowledges that the development and processing of the Services for the Project may require close coordination between various Contractors and contractors. Contractor shall coordinate the Services required hereunder with the other Contractors and contractors that are identified by SOB to Contractor from time to time,and Contractor shall immediately notify such other Contractors or contractors,in writing,of any changes or revisions to Contractor's work product that might affect the work of others providing services for the Project and concurrently provide SOB with a copy of such notification. Contractor shall not knowingly cause other Contractors or contractors extra work without obtaining prior written approval from SOB.If such prior approval is not obtained,Contractor shall be subject to any offset for the costs of such extra work. 12. Termination. SOB may terminate this Agreement,in whole or in part,at any time and for any reason,with or without cause,and without penalty therefor with seven(7)calendar days'prior written notice to the Contractor. Upon termination of this Agreement,Contractor shall immediately provide SOB with all documents as defined in paragraph 9 hereof,in such format as SOB shall direct and shall return all SOB owned materials and documents.SOB shall pay Contractor for Services satisfactorily performed to the date of termination. 13. Venue.Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement,or breach thereof,shall be litigated in the District Court for Eagle County,Colorado, 6 SNROB Professional Services Final 5/14 • d which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by thelaws of the State of Colorado. 14. Execution by Counterparts;Electronic Signatures. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original,but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement:(1) Electronic or facsimile delivery of a fully executed copy of the'signature page;(ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized,if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act,C.R.S.24-71.3-101 to 121. 15. Other Contract Reauirements. a. Contractor shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct,at its sole expense,all significant errors and omissions therein. The fact that SOB has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful,professional and competent manner and in accordance with the standard of care,skill and diligence applicable to Contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Contractor agrees to work in an expeditious manner,within the sound exercise of its judgment and professional standards,in the performance of this Agreement. Time is of the essence with respect to this Agreement. • c. This agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of SOB. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee,master-servant,partnership,joint venture or any other relationship between SOB and Contractor except that of independent contractor.Contractor shall have no authority to bind SOB. d. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws,codes,rules and regulations. e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Contractor shall not assign any portion of this Agreement without the prior written consent of SOB. Any attempt to assign this Agreement without such consent shall be void. 7 SNROB Professional Services Final 5/14 g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest.Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties,and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity,illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Contractor shall maintain for a minimum of three years,adequate financial and other records for reporting to SOB. Contractor shall be subject to financial audit by federal,state or SOB auditors or their designees. Contractor authorizes such audits and inspections of records during normal business hours,upon 48 hours'notice to Contractor.Contractor shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their lmowledge,no employee of the SOB has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest,direct or indirect,that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. - 1. The Contractor,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(i)is a citizen or otherwise lawfully present in the United States pursuant to federal law,(ii)to the extent applicable shall comply with C.R.S:24-76.5-103 prior to the effective date of this Agreement. 16. Prohibitions on Contracts. a. As used in this Section 16,the term undocumented individual will refer to those individuals from foreign countries not legally in the United States as set forth in C.R.S.8-17.5-101,et. seq.If Contractor has any employees or subcontractors,Contractor shall not: L Knowingly employ or contract with an undocumented individual to perform Services under this Agreement;or ii. • Enter into a subcontract that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an undocumented individual to perform work under the contract for services. b. If Contractor obtains actual knowledge that a subcontractor performing work under the contract for services knowingly employs or contracts with an undocumented individual,Contractor shall be required to: 8 SNROB Professional Services Final 5/14 i. Notify the subcontractor and SOB within three(3)days that Contractor has actual knowledge that the subcontractor is employing or contracting within undocumented individual;and ii. Terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to subparagraph(i)of the paragraph 14(b)the subcontractor does not stop employing or contracting with the undocumented individual; except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. c. If Contractor violates these prohibitions,SOB may terminate the Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Contractor shall be liable for actual and consequential damages to SOB. d. SOB may notify the Colorado Secretary of State if Contractor violates this provision of •this Agreement and SOB terminates the Agreement for such breach. [Rest ofpage intentionally left blank] 9 SNROB Professional Services Final 5/14 IN WITNESS WHEREOF,the patties have executed this Asreemoeet the dry and yea pot tat forth above. Seniors c®Btoedway LP By Seniors cc Broadway LW,its lateral partner ■ • • Im Executive Director CONTRACTOR: MOUNTAINTOP VENTURES,INC.dibia SEC NURSERY AND LANDSCAPE COMPANY By: Print Names 2 4 0 Tate: Prf • to • EXHIBIT A SCOPE OF SERVICES,SCHEDULE,FEES I SNROB Profession!Services Fusel 5/14 I . $'13,Ci6" . /Ain /1 F— -7•8P5-47-‘ 01■4.1111116. • . al. • • 1/011)os_ f 523 Es s n co. 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I�osatioa(f) Odby Owner fatwowdeentnem (IYIV �--��( Addr (x):760 6+wdwAy t gk .. Soowrtow x Mood X Other(eetsdhel_ • MIL�.� .� ....::.:._z........,y.. ................... ............,�a...... 2. Any alleoden or deviation Boca the apsolikstibae in this&pe of Wade will be eamwtedrwb noon wdteda eaMmizetion cite Owner or the Owne?z iflth12id i &a snot oacams as caws see=MOW apnea y w mama'Amer stn SBC in advance of Inch extra weak 3. When SHCla ailed to dear mow des to: • TMRlns b. County sod*Iowa plows posting snow into your=vim man o. Any time other than a snow fill The Owner will bedaaagpd aa.idmd atm cheep to dnr die mice area. Omanily this will be on a time and m lid bade(pleaeesee rate sheet). 4. 811C can provide minims form.dda3 aches►Walsall;live leadattpin& *miler and trees,sbmbe audiences add say other owner designated Items in Muir dedicated w w dmp aeau. • • 916$delays Asa OW P003c2C4o E gIe CO 81631,7049 Oftee ti0701=AMA Of Gie r07D)CRAM M EXHIBIT B • INSURANCE CERTIFICATE I 12 SNROB Professional Services Final 5/14 A o d CERTIFICATE OF LIABILITY INSURANCE 11/2 /�zoi4 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 polcy(ies)must be endorsed. B 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 CONTACT NAME: Secure American Insurance PHONE 303-500-3386 F")( PO Box 350999 El) (ac,ra)303-745-0544 Westminster CO 80035 ADDRESS:jwduncan @secureamins.com INSURER(S)AFFORDNG COVERAGE MICA INSURERA:FarMers Insurance Group NSLRED Mountain Top Ventures Inc. INSURER B: 916 Chambers Ave #B INSURER C: P 0 Box 2049 INSURER D: Eagle, CO 81631 INSURERE: (970)328-5484 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICES 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. ADM SUN POLICY EFF POLICY EXP LTA TYPE TYPE OF INSURANCE NM WWI POLICY NUMBER (MM/DD/YYY11 (MMIDD/YYYY) LI ,S coMMEnCIAL Minn LIABILITY EACH OCCURRENCE S _ ICLAIMS-MADE Ei OCCUR PREEMMISES((Ea occurrence) S MED EXP(Any one person) $ PERSONALS ADV MUM' $ GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ S POLICY[ ]JECaT [1 LOC PRODUCTS•COMP/OP AGG S OTHER: S AUTOMOBILE LIABILITY (Ea BcidenSINGLE LIMIT $ 1,000,000 _ANYAUTO 04/16/2014 02/01/2015 MU BODILY MURY(Per person) $ 1,000,000 A _Au�rOS OWNED X SCHEDULED 604731193 BODILY RY(Par accident) $ 1,000,000 AUTOS X HIRED AUTOS X AUTOS NON-OWNED ((Per accR DAMAGE S med pay $ 5,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIRE-MADE AGGREGATE _S DEO I I RETENTION S S WORKERS COMPENSATION I STATUTE I I ER AND EMPLOYERS'LIABLIN YIN ANY PROPRIETORIPARTNERIEXECUTNE NIA E.L EACH ACCIDENT S OFFICERIMEMBER EXCLUDED? (Mandatory In fag E.L DISEASE-EA EMPLOYE ES D yyea,descAtw under DESCRIPT ON OF OPERATIONS below E.L DISEASE-POLICY WIT S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached B are space is required) CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED UNDER THE AUTOMOBILE LIABILITY POLICY AS REQUIRED BY CONTRACT CERTIFICATE HOLDER CANCELLATION SENIORS ON BROADWAY (SOB) SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE ATTN•• JILL RI,OSTERMAN THE EXPIRATION DATE THEREOF, NOTICE WLL BE DELIVERED N ACCORDANCE WITH THE POLICY PROVISIONS. 500 BROADWAY PO BOX 850 AUTHORIZED REPRESENTATIVE �,•':e ��// EAGLE CO 81631 //j�4,1*.��j�✓ risfi I • 01988-2014 ACORD CORPORATION. All rights reserved. ACORD25(2014/01) The ACORD name and logo are registered marks d ACORD Aco D CERTIFICATE OF LIABILITY INSURANCE I omit 20i"' ) 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 WAIVE),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). conrACTEdith Demio PRODUCER NAME: Insurance Centers of America Inc PHCINE o.Eiei (719)528-5400 1 U,34 Not(719115211-1544 2055 Anglo Drive Suite 200 A„,,uee;edithgicainsurance.com INSURERS)AFFORDING COVERAGE NAIC Colorado Springs CO 80918 INSURERA:Colorado Casualty Insurance Co 41785 INSURED INSURER B: Mountain Top ventures, Inc. , DHA: SEC Nursery INSURERC: P.O. Box 2049 INSURER D: , INSURERS: Eagle CO 01631 INSURERF: - COVERAGES CERTIFICATE NUMBER:14-15 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 WMIH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAN,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. INSR ADO-SUM POLICY IVF POLICY EXP LIMITS LIR TYPE OF INSURANCE INSR win POLICY NUMBER DA IDDIYYYY) OMAICONYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 300,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ A I CLAIMS-MADE © OCCUR X BKS55954620 3/5/2014 3/5/2015 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 — � GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 x l POLICY n.,EC IT LOC $ AUTOMOBILE LIABILITY (Ea acccident)ALE LLII I -$ — ANY AUTO BODILY INJURY(Per person) $ — ALL OWNED ^ SCHEDULED BODILY INJURY(Per accident) PROPERTY DAMAGE AUTOS RED AUTOS — AUTOS (Per accident) $ S X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,000,000 A - EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,000 ,DEO I XI RETENTIONS 10,000 05055954620 3/5/2014 3/5/2015 l $ WORKERS COMPENSATION I TORY LATTUUS I IOER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER■ExEECUTIVE YQ NIA E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory in NM E .DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACO RD 501,Addition.Remarks Schedule,*more space Is required) Certificate holder is named as additional insured under the General Liability as required by contract CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Seniors On Broadway (SOB) Attn: Jill Klosterman AUTHOMZED REPRESENTATIVE 500 Broadway PO Box 850 _ Eagle, CO 81631 Edith De}Aio/EDITH �” � die .� ACORD 25(2010105) lb 1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005).01 The ACORD name and logo are registered marks of ACORD _ STEVE-2 OP ID:DL AC RL' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 1111812014 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). CONTACT PRODUCER E: Noel R.Harris Wall Street Insurance,Inc. PHaNEo. ti;970-926-4900 FAX No):970.926-4200 Box 20 Edwards,CO 81632 E-MAIL oic N ExSS: Noel R.Harris INSURER(S)AFFORDING COVERAGE NAIC d INSURER A:Plnnacol Assurance INSURED Mountain Top Ventures,Inc dba INSURER B: SHC Nursery&Landscape, INSURER C P.O.Box 2049 Eagle,CO 81631 INSURER D: INSURER E: _INSURER F: COVERAGES CERTIFICATE NUMBER: 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 POUCIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR POUCY EFF POLICY EXP LTR UMITS INSR TYPE OF INSURANCE INCR YN MT D POUCY NUMBER (MMIDDIYYYYI (MMIDDYY) GENERAL UABILRY EACH OCCURRENCE $ _ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ '—' GENERAL AGGREGATE $ GEML AGGREGATE UNIT APPUESPER PRODUCTS-COMPIOP AGG $$ —POLICY n PRO- POLICY LOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) j BODILY INJURY(Per person) $ ANY AUTO — —ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS .AUTOS BODILY DAMAGE HIRED AUTOS AUTOS JPER ACCIDENT) $ $ UMBRELLA UAB _ OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE I DED I RETENTIONS _ $ WORKERS COMPENSATION TORY STATU- I T AND EMPLOYERS'LIABILITY 1,000,000 ER A ANY PROPRIETORMARTNERIEXECLTNEYn N 4078264 03/01/2014 03/0112015 EL EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? I I (Mandatory In NH) EL DISEASE-EA EMPLOYEE$, 1,000,000 Kyes,descnbe under E.L DISEASE-POLICY UNIT $ 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION SENIORS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seniors On Broadway LP ACCORDANCE WITH THE POLICY PROVISIONS. 500 Broadway Eagle,CO 81631 AUTHORIZED REPRESENTATIVE Dicwriavo igorititib, I ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD