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HomeMy WebLinkAbout905473 RECEIVED 12/23/2004 at 1:10 PM RECEIVING # 905473 BOOK: 575 PAGE: 762 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, ~ Statement of Lien '076o Bear Lake Log Homes, Inc. ("BLLH") asserts a lien pursuant to Title 29, Chapter 1 and 2, Wyoming Statues Ann., upon the property known as the Morrison Property, Peternal Ranches, located in Lincoln County, Wyoming with the following property description: Lot 3 of the Camp Creek Subdivision, Lincoln County Wyoming described on the official plat No. 396-E filed November 19, 2003 as Instrument No. 895396 of the records of the Lincoln County Clerk. Lien is being asserted for labor, services, and/or materials provided as an improvement upon land or buildings. The address of BLLH is 518 Washington St., Montpelier, Idaho 83254. The amount BLLH claims is due and owing is $10,290.00 plus interest accrued and attorney fees incurred to collect the amount due for direct goods and services performed plus an additional $100.00 for legal and collection fees, for a total lien amount owed BLLH of $10,390.00 The name and address of the person or entity against whose property the lien is filed is Steven D. Morrison and Yvonne M. Morrison, whose address is P.O. Box 616 Kemmerer, Wyoming 83101. The labor, services, and materials provided are more specifically described in the invoices of BLLH that are attached as Exhibit "A". BLLH last provided labor, services or materials as a subcontractor on or about November 23, 2004. The legal description of the premises where the labor, services, and/or materials were provided by BLLH in which the Morrison's is believed to have a leasehold interest is noted above. Dated this .~ ~ Day of December, 2004. State of Idaho County of Bear Lake Onthe ~E:~ day of December, 2004 personally appeared before ~,~'~o~n~.~/a.~w~led. ~Vsht~ identity has been proven on the basis of satisfactory evidence, being fi y '- - , - - - g he/she executed the foregoing Statement of Lien, for the purposes stated therein, of his own voluntary act. State of Wyoming County of Lincoln My Commission Expires: County of ~ State of Lincoln"-"""';.'~N?..~.~,~ Wyoming EXHIBIT "A" Attached are the applicable invoices for work performed. Bear Lake Log 518 Washington St. Montpelier, ID 83254 Homes, Inc. ~" 076;; INVOICE DATE INVOICE # 12/20/2004 52231 BILL TO Steve & Yvonne Morrison P.O. Box 616 Kemmerer, WY 83101 TERMS REP PROJECT Due on receipt RJS Kemmerer DATE TYPE DESCRIPTION AMOUNT 12/20/2OO4 ~ Draw Pymt Phase Five - Deck Framing & Porch Roof Framing 5,995.00 Total $5,995.00 Phone # Fax # 208-847-1402 208-847-1123 Bear Lake Log 51 8 Washington St. Montpelier, ID 83254 Homes, Inc. INVOICE DATE INVOICE # 12/20/2004 52232 BILL TO Sieve & Yvonne Morrison P.O. Box 616 Kemmerer, WY 83101 TERMS REP PROJECT Due on receipt RJS DATE TYPE DESCRIPTION AMOUNT 2/20/2004 Draw Pymt Phase Six Draw - Ext. Door Installation; Window Installation 4,225.00 & Roof Fascia 2/20/2004 Roofing Install Tar Paper on Roof (non-bid subcontracted item) 200.00 2/20/2004 Credit Credit for replacement cost of broken window -80.00 12/20/2004 Credit Credit for adjusting front entry door -50.00 Total $4,295.00 Phone # Fax # 208-847-1402 208-847-1123 ~.3~54 ~3 Bear Lake Log llomes, Inc. Agreement made and entered into thi~ day of~ 20 03 . 'D~is Agr~ment and Contract is enter~l in~o between the "O~er{s)", SteveMorri~n and the "Contractor", Bear Lake i .g l lomes, lnc. for flm purpose of ~nstrucfing a new log home in Kemmerer, ~liS OWNER / CONTRACTOR AGREEMENT IS SET FOR'Ill AS FOLLOWS: AR~CLE 1. ~tE CON~A~ DOCUMEN~ The Contract D~uments shall ~nsist of tibia Agr~menl, plans and s~ifi~tions, ~st br~kdo~ aod draw sch~ole. (initials) ~CLE 2: ~IE WORK The Con~O~ shall ~rfo~ all the Work in a prof~sional and satisfact~y manner as r~uir~ by Ihe Conlracl ~nmcnls for O~er ~ approv~ plans ~d s~ifi~ti~s at the a~ve named I~lion. f~ (initials) ARTICLE 3: CO~ SUM ~ shall pay the Contractor for the performance of the Work, in cnrr~l fimds, subj~l 1o additions ami d~u~ions by Change Order, alotalamountof~ ~5~913. peratta~stbr~kdo~. WorkconsfitutingaChangeOrd~willnotcomm~ceuntilaChangeOrdcr has ~n duly ex~ut~ and sign~ by ~th Conlra~or andl~ Change ~d~s involving real.iai pnrcbas~ will r~uirc half of the balan~ do~ upon agr~l and signature of change. ~ (initials) ARTI~E 4: SCllEDULING & COMPLETION The time ~timat~ for completion of the items lisl~ lo fl~e prop~al is approximately 9-12 months from delive~ of log package. in addifioo, Contra~or shall not ~ held liable for any work performed ~ any sol~oolraclors, agenls and or repr~ntafiv~ uuder the dir~ ~ntrol ofl.lom~er. ~e ~nsideralion will I~ made for delays ~u~ by clematis ~ond Conlrac~ors ~nirol i.e. iuclimale w~tber and su~ntractors und~ the dir~ control of home.er. II~n~ is r~ponsible f~ ~sls ass~ialoi wilh snow removal  (initials) KRTICLE 5: LI~BIL~ Contract~'s general liability policy r~uir~ the IIom~wn~ to provide noti~ to th* Conlractor wh*n Hom~mer plans to job ~it*. Contractor pref~ i~ ~o a~ompany Ilom~er dnring the job ,lie io~pection in ord~ to avoid ll~e possibility of i~0nry. C~tractor will provide o~ ~ ~y of~tra~or~ liability in~nrm~ pri~ to fi~ ~ginning o[~stn~ion. I Iom~er is r~p~sible f~ fire, theft, and dam~g~ in*uran~ ~ r~id~ und~ ~ru~i~. Contra~or i~ n~ r~pon~ibl, for damag~ ~ any adgitlonal exp~ due to s~tling, ~ckln8 or ~hrlnklng of Ihe log, pro~id~ by M~nu~urer. ~ ~ (inlti~l~) ~TICLE 6: PROG~ Upon bid ac~ptanc, a d~it of 20% will ~ m~d~ to Conlr~etor. Draw~ ~hall ~ made no I~ ~han on~ a month and genially no more than on~ a w~k in a~rdan~ with the ~ttad~ draw sch~nl~, Any dmng~ r~u~t~ ar~ to ~ ,ubmilt~ in wriling and sign~ by C~t~ wh~ approv~ a~ ~t~t~ in ~iclo '~r~. ~ i~ a 5% I~to ~lly ~ ~ dr~w p~t~ outstanding after five {5) ~sin~s da~. Work will ~ ifdraw pa~n~t~ ~re not m~de within 5 ~in~ da~ ~nd will not ~mmen~ until draw pa~enl has ~ made in ~11. (/~ (initials) / ARTICLE 7: FINAL ~AYME~ 5% of the original ~nlract amount is llst~ on Ihe draw sch~nle as c~lingen~ / final p~ym~t. This contingency shall Conlractor no more ~han I~ (10) da~ afl~ coos~ruction has ~n complel~, all pnnch list ilems have ~n r~lv~, and the projec~ h&s I~ in~ by ~er and del~min~ Io ~ salisfact~ily compleled. Any m~e~ n~ paid when due as slipulat~ in Ihe Agr~t shall ~r an int~mt charge of 18% p~ annum. Ilom~ is r~p~sible for salm lax of log h~ne purd,ase whether as "sales" or "use" lax as pr~cri~ ~ the state where Ibc log home is I(~t~. ~ (initials) ARTICLE 8: WARRANTIES Contractor agre~ ~o wa~anty all maleri~ls and workmanship ofconlraclor for fl~e p~iml of one y~r. ~ (initials) AR~CLE 9: LEGAL ~ES In the event either party Jnstltul~ suJl in ~nr~ against the oflmr parly in conn~tion will* aoy dispute or mailer arising under Ibis Agr~ment, Ihe.~ whid~ pre, ils in that suil shall ~ entill~ !o r~v~ frmn the olher ils altorne~s fe~ in r~sooable amonnt, which shall ~ delerm~n~ by lhe ~url and inclnd~ in thejudgem~l in ~id court. O~t~ ~gr~ lo pay atlorney fees aod ~url ~s~ should it ~ n~&~sa~ to atforce pa~n~t of ~ntract ~nd agr~ lhal liar I.~ke Courtly shall ~ the r~ogniz.~ venue ofjurisdiclion.  (initials) M~terial~ ~hall ~ charg~ to an ~nt Imld ~ Contractor & O~er ~t Contr~c~'~ di~unt, lnvoi~ sh~ll ~ the responsibility of ~. Charg~ ~nd credits to th* ~nt will ~ f~ O~er~ hme ~ly. ~o oth~ eharg~ or or.fils will ~ made lo ~he a~unt. Contractor will not add any ov~id~ or profit to fl~ m~teri~l purc}ma~. M~l~i~l & ~u~ntractor qoot~ are estimal~ only and subj~t to change. Concrete, El~tric, Plnmbing, II.ting, R~fin8 & lnsulalin~ Sn~tra~or~ will ~ hmldl~ on a bid +10% basis.  (initlals) ~is Agr~t is ~n~er~ in~o and ex~ut~ Sy: ~ ~r L~ke Log l Io~e~, Inc. - ~am~Dale PROPOSAL/CONTRACT AGREEME Bear Lake LOG HOMES, Inc. P.O. Box 270 Bloomington, ID 83223 (208) 945-2988 (208) 945-2020 fax NT JOB NO: Mordson SHEET NO: 01 of 02 DATE: Revised September 7, 2004 YELLOWSTONE MODEL Submitted To: i Name: Mr. & Mrs. Steve Morrison Wod( to be Performed At: Kemmerer, WY (area) We hereby propose to fumish all the labor necessa~j for the completion of: a log home pkg with 8" double tongue and groove 'D' logs incl: Subfloor, knee walls, log pkg erection, gable end erection, basement support framing & stairs, main interior partition framing & stairs, second subfloor framing, loft framing, roof & dormer framing & sheathing, intedor railing installation, windows & ext door installation, intedor ceiling t&g, deck framing & deck railings, exterior stairs, soffits, trim, base & case, caulking as needed & job site clean-up. $55,913. Add: Frame front foundation wall & second dormer framing, sheati~lng & log siding $3,250. Subtotal: $59,163. Delete - Interior ceiling t&g, iht door installation, extedor stairs, soffits, tdm, base & case, caulking -$5,900. Contract Deposit Paid: -:~11,183. Total: $42,080. BLLH will maintain a cha~e a~unt (at contm~om dis~unt) for all building mateflals & ~om track rentals. Invoi~s (monthly ~atements) for purcha~s and rentals will ~ ms~nsibility of owner. Any overages will be c~ited to said a~unt. No ~offi will be added by ~ntm~or to materials p~chased by owner. Matedal and sub~ntm~or pfi~s included as pa~ of this bid am e~imates only based on ~nlmaor previous expeflen~s. Ele~ri~l & Insulating su~ntm~om will ~ handled on a bid +10% basis. All other subcontra~om will ~ hir~ by and ~ coo~inat~ through homeowner. II A 20% profit & ove~ead (woOers ~m~n~tion insumn~, liability, ~nd, offi~ ove~ead & profit) will ~ added to any change o~er. There am no '~r ~ange o~e~ fees. All wo~ is guaranteed to be as s~fi~, and pe~o~ed in a~an~ with the drawings and specifi~tions submiaed for above wo~ and completed in a sub~antial wo~manlike manner. Payments to ~ marlo as follo~: fi% of ~nlrsct total to ~ withheld as ~nlingency for final walk-through of lair contraa ii,ms. Any alteration or deviation from above s~cifi~lions involving e~ra ~s will bo executed only upon w~en odeB, and will be~mo ~n e~m cha~eover and a~ve the e~imate. All agreemenls ~ntingent.upon ~fikes Rospafully Submitt~:" AOOEPTANOE OF REVISED PROPOSAL The a~ve phis, s~cifi~tions and ~nditions are satisfa~o~ and are hereby a~pted. You are authorized to do the wo~ as speci~ed. Payment ~11 ~ made as outlined a~ve. A~.ed: 4~-- ~'--~ ~ Signaturo~ (date) Bear Lake Log Homes, Inc. Draw Schedule For: Steve & Yvonne Morrison ,..07 8 Bid Amount (as revised): Less Deposit - 20% SUBTOTAL: Phase One Excavation(S) Underground Plumbing (S) Foundation (S) Subfloor Basement Support Framing SUBTOTAL: Phase Two Log Package Erection - 8' Wall Height Revised: September 7, 2004 $42,080. 42,080. 6,010~. 36,070. 7,45(~.,. SUBTOTAL: 28,620. 6,141. Phase Three Main Floor Framing Second Subfloor Gable End Erection Loft Dormer Framing SUBTOTAL: 22,479· 8,150. Phase Four Roof Framing & Sheathing Loft Framing Window Bucks SUBTOTAL: 14,329. Phase Five 5,995. Deck Framing Porch Roof Framing SUBTOTAL: 8,334. 4,225. Phase Six Ext. Door Installation Window Installation Roof Fascia NOTE: 1. "Phases" herein are based on approximate 15-30 day time frames. Time schedules cannot be guaranteed due to acts and elements beyond contractors control, i.e. subcontractors, equipment and supplies ordered or maintained under the direct control of the homeowner and/or acts of God. 2. Revisions or additions to the contract for additional labor and/or materials will be handled with a "Change-order" and signed by both homeowner and contractor prior to commencing the work ordered. 3. The agreed upon rate for additional, non-bid work will be based at $30.00 per man per hour plus material costs (if supplied by contractor). 4. Materials shall be charged to an account held by Contractor & Homeowner at Contractor's discount. Invoices Shall be the responsibility of Homeowner. 5. Homeowner shall be responsible for costs associated with snow removal if necessary. Homeowner: ~ ~ / Dated: .,/~ NOTE: Contractor will make every effort to adhere to this Atraw schedule completing items as listed. However, on occasion, contractor may complete items out of sequence to further along the construction process or aid the needs of a subcontractor. As BLLIt will not be acting as General for several subcontractors, draw payments due BLLH will not be affected by subcontracted items. SUBTOTAL: 4, ! 09. 07G Phase Seven ~,.~ ~ t~ ~.~ ~L~', ,~ 1,486. Exterior Deck Railing Interior Lol~ Railing FINAL CONTINGENCY: ' 2,623. Page 02 of 02 - Draw Schedule (Revised September 7, 2004) Bear lake Log Homes, Inc for Steve & Yvonne Morrison Homeowner: 2 896065 03 DECI8 PH3:53 WARRANTY DEED PETERNAL RANCHES, LLC, a Wyoming Limited Liability Company grantors of Lincoln County, State of Wyoming, for consideration of Ten and 00/100's ($10.00) and other good and valuable consideration in hand, receipt whereof is hereby acknowledged " CONVEY AND WARRANT TO .. STEVEN D. MORRISON AND Y'VONNE M. MORRISON, Husband and Wife as Tenants by the Entireties, grantees, whose address iS P.O. 'Box 61.6; Kemmerer, WY 83101 the following described real. estate', situate in Lincoln County and State of Wyoming, hereby releasing and waiving all righis finder andby virtue of thc homestead exemption laws of ~e state to wit: Lot 3 'of the Camp Creek Subdivision, Lincoln Codnty, wy'0r~ing as described · on the official plat No.' 396-E filed November 19, 2003 as Instrument No. 895396 · of the records of the Lincoln County Clerk. S .U'BIECT, however, to all reservations, restrictions, protective covenants, exceptions, easements.and rights-of-way of Tecord, i~ sight, or in use. WITNESS o~ hands thi~ ).3th day of December ,, 2003. , PETERNAL RANCHES, LLC · Petemal Thoman, Manager State of' Wyoming ) )ss. County of Lincoln ) this The foregoing i~s~rurnent was acknowledged before me by Kelly Arm Petemal Thoman 13th day .of December ,, 2003. witness my hand and official scat. · J-'-.~-km~.,.~-~.~ .......... 1 ;, ", . , ~77< .00'09 ~'z°F ~/£ ',9 ,~) '0 '00 1 HOI*3 t~3~Od qYJ. 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