HomeMy WebLinkAboutArteasian Deisgn, Ermco - $50,958.45 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
Amount to be paid by Carmel Theater Development Company as per the Café
Improvements installment purchase contract
Application 3(Antreasian Design) December 2010 $ 16,271.10
Application 1 (Ermco) December 2010 $ 34,687.35
Total Authorized Disbursement $ 50,958.45•,
All terms used in these Disbursement Instructions without definition shall have the meanings ascribed
thereto in that certain Loan Agreement (Equipment and Improvements), dated July 22, 2010, by and
between Regions Bank and Carmel Theater Development Company, LLC.
Dated: //Z,r/1 CITY OF CARMEL REDEVELOPMENT
COMMISSION
By:
Les S. Olds
Printed:
Executive Director
Title:
It is acknowledged and agreed by the parties that CRC has reserved the right to require, as a condition of
authorizing disbursement of Loan Proceeds from the Borrower Loan Account to (or for the account of)
Borrower: (a) completion of a satisfactory inspection by CRC of the portions of the Equipment and/or the
Improvements to which the disbursement relates; and (b) receipt of customary submittals.
Draft
Cafe Improvements
(Antreasian Design)
October 2010 (application 1)
Paid by the Carmel Theater Development Company $ 14,954.40
November 2010 (application 2)
Paid by the Carmel Theater Development Company $ 8,823.60
December 2010 (application 3)
Amount to be paid by the Carmel Theater Development Company $ 16,271.10
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APPLICATION AND CERTIFICATE FOR PAYMENT PAGE ONE OF TWO
AIA DOCUMENT G702/CMa PARCEL 7A, REGIONAL PERFORMING ARTS CENTER
To Contr: Project:
Carmel Theater Development Company,LLC Application tf: Three Distribution to:
11711 N Pennsylvania Street Suite 200
Carmel,IN 46032 Application Date: 12/10/2010 OWNER
Attn: Les Olds,AIA,Director of Redevelopment CONSTRUCTIO MGR
From Contractor. Period Ending: 12/31/2010 ARCHITECT
Antreasian Design,Inc VIA Construction Manager:Shiel Sexton Co.,Inc. CONTRACTOR
3124 N Ridgeview Drive
Indianapolis,In 46226 Via Architect' CSO,Inc
Contract For. Contract Date 8: 10/28/10
CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge,
Application is made for payment as shown below,in connection with the Contract information and belief the Work covered by this application for payment has been
Continuation Sheet,AIA Document G703 attached. completed in accordance with the contract documents,that all amounts have been paid by
the Contractor for work for which previous certificates for payment were issued and
1.Original Contract Sum $29,564.00 payments received from the Owner and that current payment shown is herein now due
2.Net Change by Change Orders 14,935.00 Contractor:
3.Contract Sum To Date 44,499.00 By DATE: /a —/6 —l D
State of: =n jo,, County Of: ma.(06 y1
4.Total Completed&Stored to Date 44,499.00 Notary Public' )ryl(9R_rli 'vi cCCc..v n n C _
My Expires: (�a ///�j/
5.Retainage ID �j Jc20l� fA.A'C''t
ARCHITECTS CERTIFICATION
$4,449.90 In accordance with the contract documents,based on on-site observations and the data
comprising this application,the Construction Manager and Architect certify to the Owner that
Total Retainage: 4,449.90 to the best of their knowledge,information and belief the Work has progressed as indicated,the `t``1e11e,o�j� //
quality of the work is in accordance with the Contract Documents,and the Contractor 1
6.Total Earned Less Retainage 40,049.10 is entitled to payment of the AMOUNT CERTIFIED. NO.'N4 M Y ,i //
7.Less Previous Certificates for Payment 23,778.00 AMOUNT CERTIFIED
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8.Current Payment Due I $16,271.10 (Attach explanation if amount certified differs from the a..unt applied for v 4 �ATAA y ••
Initial all figures on this application and on the conti . . sheet that are : •:O-
9.Balance Due to Finish,Including Retainage $4,449.90 changed to conf. to the amount cert':d.) :;' CM,� ; M-
Change Order Summary Additions Deductions By ?:�,�. A./ _ Date: / 2-- ID -."..'-'1"%-,,((���`� .?�Q•
Total changes approved in .�, " '/P 'I�•r .••►►..••''•• P ��
previous months by owner 10,366.00 (220.00) ARCHI , _ 1 71 I ,,,` QF.' Q\ •`%
b l J 1
Total approved this month(December-10) 4,789.00 By: .��1:,. Date: .. ..
Totals 15,155.00 (220.00)
Net change by Change Order: 14,935.00
This certificate is not negotiable The amount certified is payable only to the
Contractor named herein.Issuance,payment&acceptance of payment are
without prejudice to any rights of the owner or contractor under this contract.
CONTINUATION SHEET AIA DOCUMENT G703 PERIOD TO:I PAGE 2 OF 2 PAGES
AIA DOCUMENT G702,APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO: Three
containing Contractor's signed Certification, is attached. APPLICATION DATE: 12/10/2010
PERIOD TO: I 12/31/2010
SUBCONTRACTOR: Antreasian Design, Inc. ,3124 N.Ridgeview Drive,Indianapolis,IN 46226, 317-546-3234 ARCHITECT'S PROJECT NO: PAC-2695
A B C D I E F G H I
WORK
ITEM COMPLETED MATERIALS TOTAL COMPLETED& BALANCE TO RETAINAGE
NO DESCRIPTION OF WORK SCHEDULED FROM PREVIOUS PRESENTLY STORED TO DATE % FINISH (IF VARIABLE) i
VALUE APPLICATION THIS PERIOD STORED (D+E+F) (G-.-C) (C-G) RATE) 1
(D+E) (NOT IN D OR E)
Front& Back Counter&Cabinetry-
Wood Exterior Surfaces,Solid
Surface Tops&Plas. Lam Interiors
1 (ADI J/N 10-120) 20114.00 14264.00 5850.00 0.00 20114.00 100% 0.00 2011.40
Crown&Band Trim-Paint by Others.
2 (ADI J/N 10-120) 2584.00 0.00 2584.00 0.00 2584.00 100% 0.00 258.40
Solid Surface Drink Counter on steel
posts(Brass footrail by Others)(ADI
3 J/N 10-120) 2140.00 2010,00 130.00 0.00 2140.00 100% 0.00 214.00
4 Delivery(ADI J/N 10-120) 891.00 0.00 891.00 0.00 891.00 100% 0.00 89.10
5 Installation(ADI J/N 10-120) 3835.00 0.00 3835.00 0.00 3835.00 100% 0.00 383.50
Base Cabinets for Box Office(ADI
C/O 1 J/N 10-131) 2779.00 2779.00 0.00 0 2779.00 100% 0.00 277.90
Delete Install of Box Cabinets (ADI
C/O la J/N 10-131) -220.00 -220.00 0.00 0.00 -220.00 100% 0.00 -22.00
Add Wood Base Trim-7"& 10"-
C/O 2 1100 If each(ADI J/N 10-134) 7587.00 7587.00 0.00 0.00 7587.00 100% 0.00 758.70
C/O 3 Misc.Carpet Trim(ADI J/N 10-141) 4789.00 0.00 4789.00 0.00 4789.00 100% 0.00 478.90
44499.00 26420.00 18079.00 0.00 44499.00 100% 0.00 4449.90+
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SHIEL SEXTON COMPANY, INC.
INTERIM WAIVER AND RELEASE OF LIENS AND CLAIMS UPON PAYMENT
STATE OF
COUNTY OF Mar i6(i
Whereas, Ail freaS I\d 1 ,Snc . ("Subcontractor') who has furnished certain materials, equipment,
services, and/or labor pursuant to a subcontract agreement or purchase order with Shiel Sexton Co., Inc. ("Contractor') for the
project known as Parcel 7 A R4.1., Rerf,R-r+s GT t-, ("Project"),which is located at Car vr�t TrJ
, (collectively referred to as the "Property"), and is owned by
Carmel Texter ej. ts> i Lc ("Owner").
Upon receipt of the sum of$ I(.}Z-71, 1 0 [insert sum requested in current pay application]("Current Payment"),
the Subcontractor waives and releases any and all liens or claims of liens and all claims, demands, actions, causes of action or
other rights against the Contractor,Owner and the Property or any right against any labor and/or material payment bond it has or
may have through the date of P-1 3 I 20 i o, [insert last date of work performed that corresponds to Current Payment]
('Current Date")and reserving tho a rights and liens that the Subcontractor might have in any retainage on account of materials,
equipment, services and/or labor furnished by the undersigned to or on account of the Contractor. Further, the Subcontractor
covenants and agrees to apply sums received as the Current Payment first, and in no event later than 15 days after the receipt of
the Current Payment, to pay all employees, laborers, materialmen, sub-subcontractors and sub-subconsultants employed by the
undersigned in connection with the Project and all bills or indebtedness incurred through the Current Date for materials,equipment,
services, and/or labor and taxes, furnished by such parties to the undersigned in connection with the execution of the
Subcontractor's work on the Project.
The Subcontractor further represents that all employees, laborers, materialmen, subcontractors and subconsultants employed by
the Subcontractor in connection with the Project and all bills incurred through ,20_,[insert the last date of
work performed that corresponds to the last pay application]for materials,equipment,services and/or labor,and taxes,furnished by
such parties to the Subcontractor in connection with the execution of the Subcontractor's work on the Project, have been fully paid
and that no obligation,legal,equitable or otherwise,are owed by the Subcontractor to such parties. Subcontractor further agrees to
indemnify, defend and hold harmless the Owner and the Contractor for and against any and all liabilities, losses, costs, expenses
and fees, including reasonable attorney's fees and court costs by reason of claims or liens for any labor, materials or services
furnished for the Project.
The Subcontractor acknowledges that this Waiver and Release is given to induce the payment recited above,and that this Waiver
and Release is in substantial conformance with the requirements of applicable law.
The undersigned executing this Waiver and Release hereby represents and warrants that he/she has full power and authority to
bind the Subcontractor to the terms hereof.
Applicable to Payment ftqquest(s)No. `i"h r ee.
(or)Invoice(s).19g,
Nei gill
Gi t6 $r . (e�t�this 1 day of 1��Ce� - -, 20 1 0
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.7:41 1.10-TAR),•• '•. 4,."1"regk s i Ck In Si , -1-n C .
SEAL : r- : Company
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p UBL1C Sig
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`i I ... ...•• " " By: C-V'i S S!>v1
' O 01 1V Title
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SUBSCRIBED AND SWORN TO before me this 10 day of 2QA.Q42A.Q,i c i ,201P
My commission expires
V164.4/&
otary Pub is I
Subcontract#
Draft
Cafe Improvements
(Ermco)
December 2010 (application 1)
Amount to be paid by the Carmel Theater Development Company $ 34,687.35
APPlICATION FOR PAYMENT J Construction Manager Version CAP702
Page: 1 of 2
To:. PROJECT' vf4.'C.666tiuction'Manager. 124070R.700
Carmel Theater Development Co LLC 124070R — --11711 N. Pennsylvania St Carmel RPAC Cafe Buildout Application No,.: Application°D'ate Period°To: Contrac 1D,ate'
Carmel, IN 46032 g 1 DEC 7,2010 DEC ,
Suite 200 Electrical Agreement#2695-02605
31,2010
Project Nos:
From antialidei VIA ARCHITECT: n Owner ❑ Construction Mgr
ERMCO INC Distribution,List:
P.O. BO 1507 "`
K ❑ Architect ❑ Field
INDIANAPOLIS, IN 46206
❑ Contractor ❑ Other
cONrRACT-FOR; Electrical
Contractor's Application for Payment CONTRACTOR'S CERTIFICATION:
Application is made for payment as shown below,with attached Continuation Sheet. The Contractor's signature here certifies that,to the best of their knowledge,
1.Original Contract Amount: $ 36,513.00 this document accurately reflects the work completed in this Application
for.Payment.The Contractor also certifies that all payments have been made
2. Net of Change Orders: $ 0.00 for work on previous Applications for Payment and also that the Current
3. Net Amount of Contract: $ 36,513.00 Payment is Due. /
4.Total Completed&Stored to Date: $ 36,513.00 (Authorizing Signature) ij/ / .
5. Retainage Summary: ERMCO, INC
Date: DEC 7,2010
a. 5.00 %of Completed Work $ 1,825.65 State Authorized: Indiana
b. 0.00 %of Stored Material $ 0.00 County of: Marion
Subscribed and sworn to before
Total Retainage: $ 1,825.65 me this 7th day of,gecember,20-4Th
6.Total Completed Less Retainage: $ 34,687.35
Notary Public: -jvt t--x--12--'(,) fi
My Commission expires:December 19,2015
7. Less Previous Applications: $ 0.00 — — ---CONSTRUCTION MANAGER'S&ARCHITECT'S CERTIFICATION:
8. Current Payment Due,This Application: $ 34,687.35 The Construction Manager's& Architect's signature here certifies that,
_..... ._.............._._..._ ..._.._...__. ......_.__.._.__....__..._. . ..__._ .. .__._..._.____ 1 based on their own observations,the Contract Documents and the information
contained herein,this document accurately reflects the work completed
9. Contract Balance(Including Retainage): $ 1,825.65 in this Application for Payment.The Co. r ion Manager&Architect
CHANE.ORDER•Activity =:::;pdditions .' Sijbtraoons.... ,.:i1 also certifies the Contractor is e titled'o thy amount certified for payment.
Total previously approved: I 0 00 0.00 `MOUNT( RT
Total approved this Month 0.00 0.00 1
.
-
APPLICATION FOR PAYMENT - CONTINUATION SHEET CAp7O3 Page 2 of 2 Pages
Project: Application 1
From:, To: ~ '~~ �
ER MCO, |NC SHIEL SEXTON COMPANY 124070 APPlicauon oate: 1207/2O1O .
p.C>. BOX 1607 0O2N. Cap�o|Ave Carmel RPAC Cafe Buildout Period To: 12/31/2010
INDIANAPOLIS, IN 46206 Indianapolis, IN 46204 Electrical Agreement#2695-02605 cvntrou Date: / /
AmtiitectoPmjeot#:
A B C D |' E F G H |
Work Completed Materials Total Completed Balance Retainage
Item Description of Work Contract From Previous This Period Presently and Stored % To Finish. (If Variable
Na Value Application(D+E) Stored(Not In
uo,E) '"""=- 8]'C)
(D+E+F) • (C G) Rate) /
.
1 CONTRACT AMOUNT 36,513.00 0.00 36,513.00 0.00 36,513.00 100 0.00 1,825.65
•
36,513l0 0.00 36.513l0 0.00 30.513.00 100 0l0 1.825.65
.
_
Software by:PEM Software Systems,Inc. 1-800-803-1315 Copyright oomm
AFFIDAVIT AND WAIVER OF LIEN
STATE OF INDIANA ) Final Partial X
)SS:
COUNTY OF MARION )
Rod Burton being duly sworn states that he is the Controller of ERMCO,
INC. having contracted with Carmel Theater Development Co LLC (124070.700) to furnish
certain materials and/or labor as follows: Electrical Installation for a project known as
Parcel 7A, Regional Performing Arts Center located in Carmel,IN and does further state:
PARTIAL WAIVER: That the balance due from the owner is the sum of
THIRTY FOUR THOUSAND SIX HUNDRED EIGHTY SEVEN DOLLARS AND
35/100($34,687.35)
the receipt of which is hereby acknowledged: or
X the payment of which has been promised as the sole consideration
for this Affidavit and Partial Waiver of Lien which is given to
and for said amount, effective upon receipt of such payment:
FINAL WAIVER: That the final balance due from the owner is the sum of
receipt of which is hereby acknowledged: or
the payment of which has been promised as the sole consideration
for this Affidavit and Final Waiver of Lien which is given to and
for said amount, effective upon receipt of such payment:
THEREFORE, the undersigned waives and releases unto Owner of said premises any
and all lien and claim whatsoever on the above-described property and improvements
thereon on account of labor or material or both, furnished by the undersigned
thereto, and further certifies that no other party has any claim or right to a lien on
account of any work performed or material furnished to the undersigned for said
project, and within the scope of this affidavit and waiver.
ERMCO, INC.
by
Rod Burton Controller
VNb/
Witness my hand and notarial seal, this 7th day of DecemberA 2010 �i
' I 0/ y®
Notary Public w >. 0 7 4°
My Commission Expires: 12/19/2015 U d 0'
Lou Anne Puckett
Notary Public-Printed Sig WAS
County of Residence: Marion +41
b not