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HomeMy WebLinkAboutWaltek - $662,918 Disbursement Instructions (PAC Acoustical Equipment) Regions Bank hereby is instructed to make a disbursement of Loan Proceeds from the Borrower Loan Account to (or for the account of) Borrower in: (a)the amount of the "Total Authorized Disbursement" line in the "Amount of Authorized Disbursement"column below; and (b) accordance with the terms and conditions of the Agreement, the other Loan Documents, and the Disbursement Instructions. Purpose of Authorized Disbursement Amount of Authorized Disbursement AMINO +o be paid by Villoe Financial Applic4+ioh 13 (W411-ek) Jane 2010 $.662� 11g Total Authorized Disbursement a•$ C6Z1 h o•_OB ie_ . All terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement(PAC Acoustical Equipment),dated January 28,2010, by and between Lender and Village Financia LLC. Dated:_ic' 2/ fa CITY OF CARMEL REDEVELOPMENT COMMISSI By Printed Les S. Olds Title Execufiye Director __ Draft PAC Acoustical Equipment (Waltek) Up Through November 2009 Total Contract Amounts through application 9 Completed and Stored to date $ 141,830.00 Retention held $ 14,183.00 Paid to date $ 127,647.00 Amount reimbursed to CRC $ 127,647.00 December 2009 Total Contract Amount for application 10 Completed and Stored to date $ 5,750.00 Retention held $ 575.00 To be paid $ 5,175.00 Paid by Village Financial $ 5,175.00 January 2010 Paid by Village Financial $ 1,350.00 February 2010 Paid by Village Financial $ 3,690.00 June 2010 Amount to be paid by Village Financial $ 662,918.00 APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702/CMa(Instructions on reverse side) PAGE ONE OF 2 PAGES 5O TO CONSTRUCTION MGR:: Carmel Redevelopment PROJECT: APPLICATION NO.: #13-R1 Distribution to: Commission Carmel Performing Arts Center ❑ OWNER 777 Third Avenue, SW PERIOD TO: 06-30-2010 One Civic Square ❑ CONSTRUCTION Carmel, IN 46032 Carmel, IN 46032 PROJECT NOS.: 2695 MANAGER Subcontract#2695-5550 CONTRACT DATE: 02-27 2009 ❑ ARCHITECT FROM SUB-CONTRACTOR: WALTEK&Company,Ltd. 2130 Waycross Road ❑ CONTRACTOR Cincinnati,OH 45240-2719 VIA ARCHITECT:CSO ARCHITECTS. CONTRACT FOR: Acoustical Canopy CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, infor- mation and belief the Work covered by this Application for Payrnent has been completed Application is made for payment, as shown below, in connection with the Contract. in accordance with the Contract Documents, that all amounts have been paid by the Continuation Shect,ALA Document G703, is attached. Contractor for Work for which previous Certificates for I ayMent were issued and pay 1. ORIGINAL CONTRACT SUM S $1,360,000.00 ments received from the 0. m- . d that current payment shown herein is now due. 2. Net Change By Change Orders $ ($207,000.00) CONTRACTOR 3 CONTRACT SUM TO DATE (Line I + 2) __..___.$ $1,153,000.00 By: / - Can Date: 06-22-2010 $857,080.00 State of: Ohio ,,.�PRt o�6,,,,,,,,;. 4 TOTAL COMPLETED&STORED TO DATE $ County of: Hamilton =o.Alit v% EUGENIE MARIE TOPPUTO (Column G on G702) _ _ •�_ Subscribed and sworn to before - , .,= to Oido 5. RETAINAGE: a8 ����' �� ' � me this 22nd day of June,20010 =.0.A . p, MyCommIs�1El soy98r2Q a. %of Completed Work g $9,556.76 -.�`� t_` >�b�,.. (Columns D+ E on G703) . (t'1X1`'�. �o,,E OF,a. b. %of Stored Material $ $48,093.24 e �� (Column F on 0703) -r ' _ My Commission expires: Total Retainage(Line 5a+5b or Notary Public: Total in Column I ofG703) ___ $ $57,650.00 CERTIFICATE FOR PAYMENT 6. TOTAL EARNED LESS RETAINAGE $ $799,430.00 In accordance with the Contract Documents, based on on-site observations and the data (Line 4 less Line 5 Total) comprising this application, the Construction Manager and Architect certify to the Owner 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT that to the best of their knowledge, information and belief the Work has progressed as $136,512.00 indicated,the quality of the Work is in accordance with the Contract Documents. and (Line 6 from prior Certificate) x the Contractor is entitled to payment of the AMOUNT CERTIFIED. lae- 8. CURRENT PAYMENT DUE S $662,918.00 AMOUNT CERTIFIED .$ ((2t CO 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Attach explanation if amount certified differs.from the amount applied for.Initial (Line 3 less Line 6) S $353,570.00 all figures on tbis Application and on the Contin onSheet that changed to conform to the amount certified.) ADDITIONS DEDUCTIONS CO STRUCTIOSANA. ER: CHANGE ORDER SUMMARY r Total changes approved in By. v • '._ . Date: ©12/. -S--4° previous months by Owner $0.00 ($207,000.00) ARCHITECT. Or Total approved this Month $0.00 $0.00 . )3,6'/ (f) By: Date: TOTALS $0.00 ($207,000.00) This Cert'.'icate is of negotiable. The AMOUNT CERTIFIED is payable only to the Con- NET CHANGES by Change Order ($207,000.00) tractor amed erein. Issuance, payment and acceptance of payment are without prejud ce t .ny rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702/CMa-APPLICAJ ION AND CERT IFICNI F FOR RoWMENT-CONSTRUCTION MANAGER-ADVISH EDITION 1tt‘! 1992 EDITION-AIA'—-K1992-THE AMERICAN INSTITUTE OF ARCHITECTS,I-1—NE\X YORK AVENUE.N.w.\XAS'IIINGA-ON' f 1C: DC 20006--292-w,tRNINC:Unlicensed photocopying violates U.S.copyright laws and.1:subject the violator to legal prosecution. C702/CMa-1992 CARMEL PERFORMING ARTS CENTER AIA DOCUMENT G703 Construction Manager: Shiel Sexton Job# 2695 Contract # 2695-5550 APPLICATION NUMBER : 13-R1 AIA DOCUMENT G702, APPLICATION AND CERTIFICATE FOR PAYMENT, CONTAINING APPLICATION DATE: 15-Jun-2010 CONTRACTOR'S SIGNED CERTIFICATION IS ATTACHED. PERIOD TO: 30-Jun-2010 IN TABULATIONS BELOW, AMOUNTS ARE STATED TO THE NEAREST DOLLAR. REVISED DATE: 22-Jun-2010 USE COLUMN I ON CONTRACTS WHERE VARIABLE RETAINAGE FOR LINE ITEMS MAY APPLY. ARCHITECTS PROJECT NO: A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO VALUE FR PREVIOUS THIS PRESENTLY COMPLETED & (G/C) TO FINISH APPLICATION PERIOD STORED STORED TO DATE (D+E) (not in D or E) (D+E+F) (C-G) 1. ENGINEERING 140,000.00 140,000.00 - 140,000.00 100% - 9,416.86 2. MOBILIZATION 10,000.00 - - - 0% 10,000.00 - 3. SPACE FRAME SYSTEM: Material 269,000.00 8,100.00 - 260,900.00 269,000.00 100% - 18,093.82 4. LAMINATED ACOUSTICAL GLASS: Material 446,000.00 1,500.00 - 444,500.00 446,000.00 100% - 29,999.42 5. ON-SITE INTALLATION 235,000.00 - - - 0% 23 ,000.00 - 6. OWNER ALLOWANCE 1 250,000.00 2,080.00 - 2,080.00 1% 247,920.00 139.90 7. OWNER ALLOWANCE 2 10,000.00 - - - 0% 10,000.00 - 8. C/O #1 - Allowance Reduction (207,000.00) - - - 0% (207,000.00) - 9. C/O #2 - Work Performed in C/O #1 - - - - 0% - - • TOTAL - THIS APPLICATION 1,153,000.00 151,680.00 - 705,400.00 857,080.00 74% 295,920.00 57,650.00 PARTIAL LIEN WAIVER - SUBCONTRACTOR/SUPPLIER WALTEK & Company, Ltd (Subcontractor), upon receipt and clearance of payment of Six Hundred Sixty Two Thousand Nine Hundred Eighteen & 001100 Dollars ($662,918.00) from Shiel Sexton (Contractor) paid in connection with the construction of the Carmel Performing Arts Center (the project) hereby executes this Partial Lien Waiver and waives and releases any and all lien rights accruing for materials and services furnished through June 30, 2010 (except for the applicable retention balance of $57,650.00 as of June 30, 2010), for which the above payment is made. The undersigned represents that all employees, laborers, materialmen and subcontractors employed by the undersigned in connection with the Project and all bills currently due for labor, materials, supplies and taxes furnished in connection with the Project, have been fully paid their respective portions of previous payments. This Partial Lien Waiver is executed in consideration of the payment of said amount and is effective only to the extent of such payment. Dated this 2Z day of .1,1 , 2010. WALTEK & y, Ltd Sworn to and subscribed before me this By: / - _ . day of u0.'2 , 2010 (Officer Signature) 44.4.# Aige_c„1:3- , • (Printed Name) (NOT.,:ry Publi ) Q a (Title-Officer of the Company) °, ` EUGENIE MARIE TOPPUTO ./ Notary Public,State of!?trio N,4 �o My Commission Eames 0211812013 OF'0` PARTIAL WAIVER AND RELEASE OF LIEN ❑ FINAL UNCONDITIONAL WAIVER OF LIEN PROJECT: Carmel Performing Arts Center Subcontract#2695-5550 VENDOR/SUBCONTRACTOR: WALTEK&Company,Ltd. WHEREAS, the undersigned company or individual has furnished materials and/or labor to the City of Carmel for use in the fabrication and erection of,or improvements to,the above-referenced project; NOW, THEREFORE, the undersigned, for an in consideration of the sum of $5,175.00 (the cumulative sum received by WALTEK & Company, Ltd. from its' application #10) and other good and valuable consideration, the receipt of which is herby acknowledged, does hereby waive and release any and all liens or right to or claim of lien, (except for the retention balance due of$14,758.00 as of December 31 2009) it has now or may hereafter have on the above-described premises and any improvements thereon,under any law, common or statutory, in the State of Ohio relating to mechanic's, materialman, and/or labor liens, for the period of December 1, 2009 through December 31, 2009. except for the respective retention balance due of$14,758.00 as of December 31, 2009. The undersigned further acknowledges that receipt of this payment from said Subcontractor constitutes full and final payment for all goods and services supplied on.this project through the date of December 31, 2009,except for the applicable retention balance due of$14,758.00 as of December 31,2009. The affiant deposes and says that he/she has the authority to execute this affidavit and release of lien on behalf of the material supplier and/or labor or service supplier and that his/her execution hereof is effective for the purposes for which this document is intended. VENDOR/SUBCONTRACTO:• • •-- >;,K.&Company, Ltd. SIGNED: Z*4-:-. ' , �''7,- DATE: 6-a1/o PRINT NAME AND TITLE: Richard A.Perkins,C.F.O. PHONE: 513.577.7980 STATE OF: OH COUNTY OF: Hamilton Sworn to and subscribed before me this 22nd day of June 2010. NOTARY PUBLIC - , •,._ • 4�` " • ,2PPIAiS; i F s o �;� EUGENIE MARIE TOPPUTO My commission expires on: Notary Pub,ate of Ohio ..1.77:17:.%, '' My Commission Expires Q2i18/2013 t....to/ TRANSFER OF TITLE • WALTEK & Company, Ltd., ("Contractor") transfers to Village Financial, LLC any and all rights, title and/or interest that Contractor has in any labor and/or materials described in (i) that Affidavit of Partial Waiver of Release of Lien executed by the Contractor on June 22, 2010 and (ii) in the amount of $5,175.00 of that Affidavit executed by the Contractor on June 22, 2010, except for the retention balance due of $14,758.00, as mentioned in that Affidavit "CONTRACTOR" By: Printed: Richard A. Perkins, CPA Title: Chief Financial Officer WALTEK& Company, Ltd. WALTECOM2 DATE(MMJDD/YYYY) ACORDTM EVIDENCE OF PROPERTY INSURANCE 06/15/2010 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON.THE ADDITIONAL INTEREST NAMED • BELOW.THIS EVIDENCEOF PROPERTY INSURANCE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.,1 AGENCY PHONE 513 852.6417 COMPANY (A/C,No,Ext): USI Midwest Fireman's Fund Insurance Co. 312 Elm Street,24th Floor Cincinnati, OH 45202 FAX N.):610-537-4857 AADDREss:debbie.neace @usi.biz CODE: I SUB CODE: AGENCY 659329 CUSTOMER ID# LOAN NUMBER POLICY NUMBER INSURED WT Acquisition Co LTD dba Waltek& MZI97903212 Company, Ltd EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 2130 Waycross Road 07/01/09 07/01/10 TERMINATED IF CHECKED Cincinnati, OH 45240 THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Project: Regional Performing Arts Center @Carmel IN 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Installation 5,000,000 1,000 Earthquake 2,500,000 5% Temporary Storage 3,000,000 1,000 REMARKS(Including Special Conditions) CANCELLATION 10 Days for Non-Payment SHOULD ANY OF THE ABOVE DESCRIBED POLCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE ADDITIONAL INTEREST NAMED BELOW,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED Shiel Sexton Company, Inc. LOSS PAYEE X General Contractor 902 North Capital Avenue LOAN# Indianapolis IN 46204 AUTHORIZED REPRESENTATIVE ACORD 27(2006/07) 1 of 1 S 271391 O ACORD CORPORATION 1993-2006. All rights reserved. The ACORD name and logo are registered marks of ACORD DJNAC