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Home My WebLink AboutCincinnati Floor - $472,331.70 The National Bank of Indianapolis 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 Amounts to be paid by Camel Theater Development Company,LLC as per the Limestone Material and Fabrication installment purchase contract,the Red Clay Tile Roofing installment purchase contract,the Carpet,Tile and Access Flooring installment purchase contract and the Wood Flooring installment purchase contract Apptl n 11(Homing Roofing) April 2010 $ 63,022.50 Application 13(Horning Rooting) $229,400.00 Application 22(Bybee Stone) August 2010 Application 2(Cincinnati Floor Company) August 2010 $ 89;228.7 Application 3(Cincinnati Floor Company) September 2010 $383,103.00 Application 5(Certified Floarcovering) August 2010 $ 10.977.75 placation 6(Certified Floorcovering) September 2010 $102,812.04 Total Authorized.Disbursement M888g9 ?}, sum=, = All terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement(Equipment and Improvements), dated February 23, 2010, by and between The National Bank of Indianapolis and Carmel Theater Development Company, LLC. Dated: /�/ZG/l0 CITY OF CARMEL REDEVELOPMENT ! COMMISSION By: ►. Les S. Olds Printed: Executive Director Title: • Draft Wood Flooring (Cincinnati Floor Company) May 2009(Application 1) Amount reimbursed by Carmel Theater Development Company $ 4,911.30 August 2010 Amount to be paid by Carmel Theater Development Company $ 89,228.70 September 2010 Amount to be paid by Carmel Theater Development Company $ 383,103.00 IP Document G7©2IC 1 o 1992 s Application and Certificate for Payment Construction Manager-Adviser Edition TO OIj{R PROJECT: _ APPLICATION NO: 2 Distribution to: ivic Square Carmel Regional Performing Arts"Center (4131 ,,2010 Carmel,In 46032 777 3rd Ave.S.W. PERIOD TO: 6 .. OWNER ❑ CFC JOB# IW443 CONSTRUCTION MANAGER ❑ FROIVeR c T��i.Company,Inc VIA CONSTRUCTION MANAGER: CC�O�N�TERCATCTTpDATE: March 23,2009 ARCHITECT ❑ 8320 Brookville Rd,Suite M CFC IiVVOtGE#S. 2 36972/ / CONTRACTOR ❑ Indianapolis IN 46239 VIA ARCHITECT: CSO DATE OF,INV: 8/24/2010 FIELD ❑ Brazillian Cherry Sleeper/Subfloor CONTRACT FOR: SALESMAN: KAP' ❑ CONTRACTOR'S:APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and Application is made for payment,as shown l below,in connection with the Contract• belief die Work covered by this Application for Payment has been completed in accordance with the • Contract Documents,that all amounts have been paid by the Contractor for Work for which previous Continuation Sheet,AIA Document G703,is attached. 689,495.00 Certificates for Payment were issued and payments received from the Owner, and that current 1.ORIGINAL CONTRACTSUM $ -25,000.00 payment show erein is now due 7:Net change by Change Orders 664,495.00 Cincin ati Flo r Co, Inc. CONTRACT R: , 3.CONTRACT SUM TO DATE(Line.1 ±2) $ 68�e___ By: \ ‘ ..k._..-`1 �' Date: 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703) $ State of: 8/24/2010 IN Kevin A. Price, Regional Sales Mar. 5.RNWINAGE: County of: MARION t `PEGGY'LARUE a. %of.Completed Work 10,460.00 Subscrib2 and sworn to bcfJ4UGUST, 2010 NOTARY PUBLt0 10?column D+E on G703) $ me this day of SEAL 1, b. °lo of Stored Material Notary Public: .n��^ STATE OF INDIANA •, y I J ► KU ftAy Commlasion Exftires July 9,2ltts,•, (Column F on G703) $ My Commission ex-p r s: Total Retainage(Lines 5a+5b or Total in Column I of G703). $ 10,460.00 CERTIFICATE FOR PAYMENT 94,140.00 In accordance with the Contract Documents, based on.on-site observations and the data comprising 6.TOTAL EARNED LESS RETAINAGE $ this application,the Construction Manager and Architect certify to the Owner that to the best of their (Line 4 Less Line 5 Total) knowledge,.information and belief the Work has progressed as indicated,the quality of the Work is in 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ 4911.30 accordance with the Contract Documents,and the Contractor is entitled to payment oldie AMOUNT (Line 6 from prior Certificate) CERTIFIED. q 6.:CURRENT PAYMENT DUE $ - 89'228701 AMOUNT CERTIFIED $ 01 Z2"S- 9.BALANCE TO FINISH,INCLUDING RETAINAGE I (Attach explanation if amount certified"differ.j mrtlre amount applied. initial all figures on this 570,355.00 Application am i the Continuation wet II it are changed to conform with the a nount certified.) (Line3 less-Line 6) $ CONS .:UCTIO t iG� B ►'ter.,, r� _ Date: 19 d CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHI- : t ' Total changes approved in previous months by Owner $ . $ By: 001-1°Date: 'i�(' Total approved this Month '-$ $ This Certificate is n; negotiable. The AMOUNT CERTIFIED is payable,only to the Contractor TOTALS $ $ named herein. Issu nee, payment and acceptance of payment are without prejudice to any rights of NET CHANGES by Change Order $ the Owner or Contractor under this Contract. CAUTION:You'should sign art original AIA Contract Document;on which this text:appears in RED:An original assures that':changes willnot be obscured. AIA Document G702/CMaTM-1992.Copyright ©1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document is protected by US Copyright Law.and:international Treaties. Unauthorized reproduction or distribution of this'AIe;Document,or any portion it may:result inseveretclvii and criminal penalties;and will be prosecuted to the maximum extent possible,under the'law,. Purchasers are permitted to reproduce"ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute of Architects'legal counsel,copyright@aia.org. , ,, ris A IA Document 6703 TM - 1992 Continuation Sheet AIA Document G702m,Application and Certification for Payment. ; APPLICATION NO: '2_ containing Contractor's signed certification is attached. APPLICATION DATE: OS//L-tilt I b In tabulations below,amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. PERIOD TO: $ Sp t /30 /o ARCHITECT'S PROJECT NO: A Carmel Regional PeW ormiag Arne Centar C D I E F G I I I WORK COMPLETED TOTAL MATERIALS BALANCE 777 3rd Ave.S.W. SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED TO RETAINAGE ITEM DESCRIPTION OF WORK VALUE APPLICATION THIS PERIOD STORED AND STORED (G-C) FINISH (lf—variable rate) NO. TO DATE Bonds $ 5,457.00 $ ( ;4x517.00 (Not in Dar E) (D,5, 5/x0) 0 100/0° (C-GI $ $ 27300 Materials Platform $ 170,063.00 $ 88,191.00 $ 88,191.00 52% $ 81,872.00 $ 8,503.00 Brazillian Cheery Sleeper/Sub Non-Stage General Allowance $ 15,000.00 $ 1,350.00 $ 1,350.00 9% $ 13,650.00 $ 135.00 Non-Stage As Built Allowance $ 5,000.00 • $ 5,000.00 Labor Platform $ 30,007.00 $ 9,602.00 $ 9,602.00 32% $ 20,405.00 $ 960.00 Brazillian Cherry Direct Apply Materials Orchestra High $ 100,026.00 $ 100,026.00 Materials Orchestra Low $ 100,026.00 $ 100,026.00 Material Box Tier $ 100,026.00 $ 100,026.00 Labor Orchestra High $ 24,712.00 $ 24,712.00 • Labor Orchestra Low $ 24,712.00 $ 24,712.00 Labor Box Tier $ 24,712.00 $ 24,712.00 Viaterial Donor Amenity $ 54,278.00 $ 54,278.00 -abor Donor Amenity $ 20,476.00 $ 20,476.00 Stage As Built Allowance $ 5,000.00 $ 5,000.00 CO#1 $ (25,000.00) $ (25,000.00) $ (1,250.00) 4-60+495.00 $ 5,457.08--$-99;1-43-00—$ - GRAND TOTAL $104,600.00 16% $ 549,895.00 $ 8,621.00 CAUTION:You should sign an original AIA Contract Document,on which this text appears In.RED.An original.assures that changes will not be obscured., AIA Document G703T1'—1992.Copyright m 1963,1965,1966,1967,1970,1978,1983 and.1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA°.Document is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this.AIA°Document,or any portion'of it,may result In severe civil and criminal penalties,and will be prosecuted to the maximum extent possIble under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,a-mail.The American Institute of Architects'legal counsel,copyright @aia.org. 8320 Brookville Road <,? iiiss,.'24:14V Suite M C1[]NCJfl%JiNTI TELEPONE: (317)357-3562 Indianapolis, IN 46239 FLO FAX: (317)357-5338 COMPANY AFFIDAVIT AND PARTIAL WAIVER OF MECHANIC'S LIEN I, Kevin A. Price , being first duly sworn, state that I am the Regional Sales Mgr. of Cincinnati Floor Company (hereafter referred to as the"Company') and am familiar with the following facts stated herein: 1. The undersigned, in consideration of, and upon receipt of payment in the sum of $ 89,228.70 does hereby waive, release and relinquish any and all liens and claims for liens for labor or work performed and/or material furnished through the 3 1 day of AUGUST, 2010 to the construction project commonly known as Carmel Regional Performing Arts Center located at 777 3rd Ave. S.W. Carmel, In 46032 (hereinafter the"Project"). 2. All laborers, material men, and subcontractors or the Company have been paid for all sums which were due for work, labor and/or material machinery provided by said parties for the Project and for which the Company has received payment. 3. The Company represents that it is not aware of any Mechanic's lien having been filed by or presently threatened to be filed against the Project by any party having performed work and labor for the Company and/or furnished material, machinery, equipment, and fuel to the Company for the project. 4. This waiver excludes retainage withheld and any change order work not yet billed. Kevin . Price . Regi 'n Sales Mgr.n By: .� /LC,L., y• STATE OF INDIANA COUNTY OF MARION Sworn to and subscribed in my presence this 24 day of AUGUST, 2010 ' My Commission Ex fires: i PEGGY LaRUE �I 'PO./ / y Expires: NOTARY PUBLIC SEAL• �( �1 STATE OF INDIANA My Commission Expires July 4.2015 i �......�1 ® 1i�\11 /�fill r ry I1'�I1I5fL� (/�. // J/ I1�1V/!/t�1�II G��j11 LI1I1I t^U'111 alog., _J oc tm8 ell �:J Il O2ICu11aa = 11 992 fq p.i TM Application and Certificate.for Payment Construction Manager-Adviser Edition 511 TO CEVic Square PRO6Fa ill Regional Perforrhing Arts Center APPLICATION.NO: September 30,2010 Distribution to: Carmel, In 46032 777 3rd Ave.S.W. PERIOD TO: OWNER ❑ CFC JOB.# IW443 CONSTRUCTION.MANAGER ❑ FROM CONTRACTOt1. VIA CONSTRUCTION MANAGER: CONTRACT DATE March 23,2009 ARCHITECT ❑ incinna t oar ompany, Inc' 2695 8320 Brookville Rd,Suite M CFCHIFfiCi 'PS: 36976 / / CONTRACTOR ❑ Indianapolis IN 46239 VIA ARCHITECT: CSO DATE OF INV: 9/21/2010 FIELD ❑ Brazillian Cherry SleeperlSubfloor SALESMAN: ,KAP CONTRACT FOR: - CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and Application is made for payment,as shown below.in connection with the Cone act. belief the Work covered by this Application for Payment has been completed in accordance with the Continuation Sheet,AIA Document 0703,is attached. 689,495.00 Contract Documents,that all amounts have been paid by the Contractor for Work for which previous -25,000.00 Certificates for Payment were issued • payments received from the Owner, and that current 1.ORIGINAL CONTRACT SUM S payment sho nhrein•s•now due. 2.Net change by Change Orders 5-664 #95 00— CONTRACTOR: �lnclnn2tl ooj Co Inc. 3.CONTRACT SUM TO DATE(Line I ±2) S 510,468 00 By: U k`-r v A v Date: a/91/on1t1 .4.TOTAL COMPLETED&STORED TO DATE(Column G on G703) $ State of: IN Kevin A.Price,Regional Sales Mgr. . 5.IRMINAGE: County of: MARION PEGGY LnRUUE a. %of Completed Work 33,225.00 Subscrib2ca and sworn to beaRPTEMBER, 2010 NOTARY PU61.tis° 10 olumn D+E on 6703) $ me this day of SEAL G Commission OF INDIANA b. 5'r.of Stored Material Notary Public: i ! MyCommhslon Explres'JulyQ,2015 (Column Eon G703) 5 My Commission e, i- •: 33,225.00 Total Retainage(Lines 5a+5b or Total in Column I of 6703).. $ CERTIFICATE FOR PAYMENT 477,243.00 In accordance with the Contract Documents, based on on-site observations and the data comprising 6.TOTAL EARNED LESS RETAINAGE S this application,the Construction Manager and Architect certify to.the Owner that to the best of their (Line 4 Less Linc 5 Total) knowledge.information acid belief the Work has progressed as indicated.the quality of the Work is in • 94140.00 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT $ accordance with the Contract Documents.and the Contractor is entitled to payment of the AMOUNT CERTIFIED. (Line 6 from prior Certificate) 383,103.00 •'145.119/3" .$8.CURRENT PAYMENT DUE S AMOUNT CERTIFIED S 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Attach explanaiient if amount certified differs frot to amount applied. Initial all figitt'es on this 187,252.00 Application anti on ii e Continuation Suet that changed to conform with the amount certified.) (Line 3 less Line 6) $ CONST" CTION M.N.G1: BY: ir.m. .d....ri .141.416,AP., _ .NM- Date: Qi®f I+ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHI � r r ). Total changes approved in previous months by Owner S $ By: �/ : / _ Date: 04 Ol Total approved this Month $ $ This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor TOTALS S $ named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of NET CHANGES by Change Order $ the Owner or Contractor under this Contract. CAUTION You.shouid•sign an,original AIA Contract Document,on which this text appears in RED.An original assures.that changes will not.be.obscured. AIA Document G702/CMaTw—'1992.Copyright ©1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Document Is protected by U.S..Copyright Law and International Treaties. .Unauthorized reproduction or distribution of this AlA°Document,or any portion ofil,may recut in-severe civil and'criminal.penalttes;and will be prosecuted to the maximum extent possible under the law.. Purchasers are permitted.to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The,American Institute of Architects'legal counsel,copyrighl @aia.org. t_. ____ � or©al4° Doc�urne t 6703 m 1992 •Continuation Sheet AIA Document G702TM.Application and Certification for Payment, APPLICATION NO: 3 - containing Contractor's signed certification is attached. 9/21/2010 APPLICATION DATE: 9/30/2010 In tabulations below,amounts are stated to the nearest dollar. PERIOD T0: Use Column Lon Contracts where variable retainage for line items may apply. $ - ARCHITECT'S PROJECT NO: A B C D I E F G I-I I armel Regional Performing Arts Center WORK COMPLETED TOTAL MATERIALS BALANCE SCHEDULED FROM PREVIOUS PRESENTLY COMPLETED % TO RETAINAGE ITEM L p 1 Ol'WORK AND STORED 77 3rQ�1 VALUE APPLICATION THIS PERIOD STORED (G=C) FINISH (If variable rate) NO. (D l'E) (Not in D or E) (�DATE ) (C—G) ends $ 5,457.0e $ 5,457.09— $ 5,457.0@i66%- aterials Platform $ 170,063.00 $ 88,191.00 $ 81,872.00 $ 170,063.00 100% - razillian Cheery Sleeper/Sub on-Stage General Allowance $ 15,000:00 1,350.00 $ 1,350.00 9% $ 13,650.00 on-Stage As Built Allowance $ 5,000.00 $ 5,000.00 abor Platform $ 30,007.00 $ 9,602.00 $ 9,602.00 32% $ 20,405.00 razillian Cherry Direct Apply I�aterials Orchestra High $ 100,026.00 $ 75,020.00 $ 75,020.00 75% $ 25,006.00 Materials Orchestra Low $ 100,026.00 $ 75,020.00 $ 75,020.00 75% $ 25,006.00 Material Box Tier $ 100,026.00 $ 75,020.00 $ 75,020.00 75% $ 25,006.00 Labor Orchestra High $ 24,712.00 $ 6,178.00 $ 6,178.00 25% $ 18,534.00 Labor Orchestra Low $ 24,712.00 $ 14,827.00 $ 14,827.00 60% $ 9,885.00 Labor Box Tier $ 24,712.00 $ 18,534.00 $ 18,534.00 75% $ 6,178.00 Material Donor Amenity $ 54,278.00 $ 54,278.00 $ 54,278.00 100% Labor Donor Amenity $ 20,476.00 $ 5,119.00 $ 5,119.00 25% $ 15,357.00 Stage As Built Allowance $ •5,000.00 $ 5,000.00 • CO#1 $ (25,000.00) $ (25,000.00) GRAND TOTAL $ 664,495.00 $ 104,600.00 $ 405,868.00 $ - $510,468.00 77% $ 154,027.00 $ - _CAUTION:You should sign an original AIA Contract Document,on which this text appears in RED.An original assures that changes will not be obscured. AIA Document G703TM—1992.Copyright 01963,1965,1966,1967,1970,1978,1983.and 1992 by The American Institute of Architects.All rights reserved.WARNING:This AIA°Documontis protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this•AlA°Document,or any portionrof it,may result in severe civil and criminal'penalties,and.will bo prosecuted to the maximum extent possible under the law.Purchasers are permitted to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e-mail The American Institute.of Architects'legal counsel,copyright @aia.org. • P �- rr�r 8320 Brookville Road s inse>,�,!50� Suite M `' TELEPONE: (317)357-3562 Indianapolis, IN 46239 CI] ICINI] [iTI FIL001 FAX: (317)357-5338 COMPANY AFFIDAVIT AND PARTIAL WAIVER OF MECHANIC'S LIEN I, Kevin A. Price , being first duly sworn, state that I am the Regional Sales Mgr. of Cincinnati Floor Company(hereafter referred to as the"Company") and am familiar with the following facts stated herein: 1. The undersigned, in consideration of, and upon receipt of payment in the sum of $ 383,103.00 does hereby waive, release and relinquish any and all liens and claims for liens for labor or work performed and/or material furnished through the 30 day of SEPTEMBER, 2010 to the construction project commonly known as Carmel Regional Performing Arts Center located at 777 3rd Ave. S.W. Carmel, In 46032 (hereinafter the"Project"). 2. All laborers, material men, and subcontractors or the Company have been paid for all sums which were due for work, labor and/or material machinery provided by said parties for the Project and for which the Company has received payment. 3. The Company represents that it is not aware of any Mechanic's lien having been filed by or presently threatened to be filed against the Project by any party having performed work and labor for the Company and/or furnished material, machinery, equipment, and fuel to the Company for the project. 4. This waiver excludes retainage withheld and any change order work not yet billed. Kevin Price Regi?nal Sales Mgr. n B : STATE OF INDIANA COUNTY OF MARION Sworn to and subscribed in my presence this 21 day of SEPTEMBER, 2010 PEGGY L7RUE (�//-; A��U1� My Commission Expires: NOTARY PUSIJO SEAL STATE OF INDIANA My Commission Expires July 4,2015 j