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HomeMy WebLinkAboutGibraltar - $51,229Regions 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 PAC Hardscape installment purchase contract Pay application 8 (Gibraltar) May 2011 $ 51,229.00 Total Authorized Disbursement $ 51,229.00 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: GS 1 / CITY OF CARMEL REDEVELOPMENT COMMISSION By: Printed: Title: Les S. Olds Executive Director 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 Hardscape (Gibraltar) Up Through June 2010 (applications 1 and 2) Amount reimbursed to CRC $ 55,515.60 July 2010 (application 3) Paid by Carmel Theater Development Company $ 108,784.80 August 2010 (application 4) Paid by Carmel Theater Development Company $ 150,043.50 September 2010 (application 5) Paid by Carmel Theater Development Company $ 667,099.10 October 2010 (application 6) Paid by Carmel Theater Development Company $ 128,715.00 November 2010 (application 7) Paid by Carmel Theater Development Company $ 62,034.00 May 2011 (application 8) Amount to be paid by Carmel Theater Development Company $ 51,229.00 Ica low ertificate for 'TO`OWNER ' Carmel Redevelopment Commission One Civic Square Carmel, IN 46032 Onstructibn Manager - Adviser Edit ►on ROJEC" Regional - Performing Arts Center. FROM;, CONTRACTOR: Gibraltar Construction Corp VIA° CONSTRUCTION, MANAGER: 2932 N. Webster Ave. •Indianapolis, IN 46219 CONTRACT;FOR, Hardscape Package P8. VIA ARCHITECTL L SO Architects, Inc. AFPL'ICATION NO 8 PERIOD TO: 5/30/11 CONTRACT DATE:4 /13/10 PROJECT NOS: Distrili`ution to`.; .OWNER D CONSTRUCTION MANAGER ❑, ARCHITECT 0 CONTRACTOR ❑ FIELD ❑ CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation,Shcet, AIA Document 6703, "is attached. 1.`ORIGINAL CONTRACT SUM $ 1,268,000.00 Orders $ . et change by Change -60,616.00 616.00 2. N 3. C.ONTRACT'SUM TO'DATE (Line 1 ±2) $ 1,328;Ei16.00 1,286,821.00 4. TOTAL COMPLETE D &'STORED TO DATE (Column G on G703) 5..RETAINAGE: a: % of Completed Work (C)luiiin D + -E on G703) ',% of•Stored Mateiiah.. ((olumn F on:.G703) Total Retainage (Lines 5a + 5b •or-Total in Column I of G703) 63,400.00 6: TOTAL EARNED LESS`RETAINAGE " (Line 4 Less Line 5 Total) 7 (ESSPREVIOUS'CERTIFICATESFOR PAYMENT, (Line 6" from prior Certificate)' • 8 CURRENT PAYMENTDUE 9:.BALANCETO FINISH, INCLUDING RETAINAGE: (Line,; ORDER SUMARY C HANGE M ADDITIONS`; DEDUCT IONS ` Total,changes approved in previous months b " Owner aY $ $ Totaha'° "roved tlukg§0tli. -' $ $ TOTALS : $ NET CHANGES b Chan e {Order �Y gi $ �:. The undersigned Contractor certi belief the Work covered by Contract Documents, that al Certificates for Payment s payinent shown i, �rn is CONTRACTOR:�Iibciraltar By: State of:� County of:,� Subscribedan me this Notary' • , ` , My Corrtimission expires: s that to the best of the'Contractor's knowledge, information and plication for Payment has been completed in accordance with the its have been paid by the Contractor for Work for which previous sued and • payments ; received from the O■ner,, and that current ruction Corp CERTIFICATE FOR PAYMENT In accordance, with the'Contract Documents; based on on site, ob" servations °and'ithe:data'comprising. this application the Construction`Manager and Architect certify to the Owner that:to the,best of their knowledge information and belief the Work has.progressed as indicated the quality oflthe Work is in accordance with;the Contract Documents and the Contractor is entitled to payment of` the. AMOUNT • • CERTIFIED .• q AMOUNT CERTIFIED. $ •,41.. - A (Attach explanation tf aMourit certified differs from " ount applied: Initial all /7p,. res.on this Date: 3;e9 // RIAN R. MCBRIDE es.: of Hancock County y Comm :Ep :11- 29,2017 Com niss Oil #'6,i;1862 " Applicationtand on Conttn•uation S that dr: ged to conform with the'a r'ount ertified :) CONS CTIO By. ®��! 1'/. °'� ®.. �'.o..,::...: Date - -' -.® _'fr". ARCHIT s y�.tI cts Inc By � . l e " Date: This Certificatsnot •'negotiable.fihe.:,!..MOUNT CERTIFIED.,istpayable only; o the ontractor named Herein ,Issuance,, payment and acceptance'of payment are ,.without prehkic`e to anynghts;0 , the Owner or Contractor under this Contract Director of Redevelopment /Y 6O 27 CAUTION. Youshouid,sign'aniorlgtnal AIA, Contract' Document; on:which.this text:; appears; in RED, An:original assures that; changes ",will? not;be,obscured „',; ; " cu" ` TM4_ ;. "`ri h ©'•1992 b''Trie'American institute of Architects All'ri` htsreserved. WARNING: This AIA ®`'Document is rotected 6 :U S Co -'ri ht Law:an'd lnternational;Treaties- AIA';Do men #,G702 /CMa ., 1992..,CoP.Y,9,.t,. ",,.,, Y?�,„ , 9.. ,, P. .Y pY,,,9. „ ' Unauthorize&re` roduction;or distribution. of this', AIA ®'Document or any portioniiipit; may result in; severe„ civil and• criminal, penalties; and willibe'prosecuted'to the, maximum' extent possible= under` the' taw.' Purchasers are permit,. reproduce`tem(10).copies of this document when completed. To report copynght'Jiolations ofrAlA Contract.Documents', email The American Institute of =A`rchitects':legal counsel; copyright @aia:org: • CONTINUATION SHEET Page 2of3 APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification, is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. APPLICATION NO.: 8 APPLICATION DATE: 5/30/2011 PERIOD TO: 5/30/2011 ARCHITECT'S PROJECT NO. : A B C D I E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D + E + F) % (G / C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D+ E) THIS PERIOD 1 Concrete Allowance $35,000.00 $33,854.00 $1,051.00 $34,905.00 100% 95.00 2 Motorcoach Connect Int. Allow $25,000.00 $0.00 $0.00 0% 25,000.00 3 Motorcoach Connect Ext. AIIow $25,000.00 $6,648.00 $3,279.00 $9,927.00 40% 15,073.00 4 Allowance - 100 CY Stone $4,500.00 $1,350.00 $1,523.00 $2,873.00 64% 1,627.00 5 Allowance - 5000 SF Geogrid $3,500.00 $0.00 $3,500.00 $3,500.00 100% - 6 AIIow. - 30 Galvanized Sleeves $1,500.00 $0.00 $1,500.00 $1,500.00 100% - 7 Supervision $10,000.00 $9,500.00 $500.00 $10,000.00 100% - 8 Bonds $19,940.00 $19,940.00 $19,940.00 100% - 9 Mobilization /Demobilization $1,500.00 $1,500.00 $1,500.00 100% - 10 Submittals $12,000.00 $12,000.00 $12,000.00 100% - 11 Misc. General Conditions $12,000.00 $12,000.00 $12,000.00 100% - 12 Rebar Material $7,500.00 $7,500.00 $7,500.00 100% - 13 Trench Drain $4,000.00 $4,000.00 $4,000.00 100% - 14 Concrete Curbs $89,000.00 $89,000.00 $89,000.00 100% - 15 Concrete Walks /Slabs $93,000.00 $93,000.00 $93,000.00 100% - 16 North Stair $25,000.00 $25,000.00 $25,000.00 100% - 17 Sheet Waterproofing $12,000.00 $12,000.00 $12,000.00 100% - 18 Green Roof & Decomposed Granite $104,500.00 $64,624.00 $39,876.00 $104,500.00 100% - 63,400.00 19 Electrical $21,000.00 $21,000.00 $21,000.00 100% - 20 Earthwork $240,500.00 $240,500.00 $240,500.00 100% - 21 Site Signs $3,000.00 $3,000.00 $3,000.00 100% - 22 Joint Sealants $560.00 $560.00 $560.00 100% - 23 Concrete Pavers $128,400.00 $128,400.00 $128,400.00 100% - 24 Permable Pavers $31,200.00 $31,200.00 $31,200.00 100% - 25 Porous Pavers $14,400.00 $14,400.00 $14,400.00 100% - CONTINUATION SHEET Page 3 of 3 APPLICATION AND CERTIFICATE FOR PAYMENT, containing Contractor's signed Certification, is attached. In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. APPLICATION NO.: 8 APPLICATION DATE: 5/30/2011 PERIOD TO: 5/30/2011 ARCHITECTS PROJECT NO. : A B C D E F G H I ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPLETED MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE (D + E + F) % (G / C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (p + E) THIS PERIOD 26 Granite Pavers $296,000.00 $296,000.00 $296,000.00 100% - 27 Topsoil $48,000.00 $48,000.00 $48,000.00 100% - 28 Change Order #1 $29,409.00 $29,409.00 $29,409.00 100% - 29 Change Order #2 $31,207.00 $31,207.00 $31,207.00 100% - 30 31 32 33 34 35 36 37 - 38 - 39 40 41 42 43 44 45 46 47 48 49 50 $1,328,616.00 $1,235,592.00 $51,229.00 $0.00 $1,286,821.00 97% $41,795.00 $63,400.00 ISA Form # 1 -402 AFFIDAVIT AND WAIVER OF LIEN ❑ FINAL ® PARTIAL ® PAYMENT TO FOLLOW State of Indiana, County of Marion, SS Michael Smith being duly sworn state that he is the President of Gibraltar Construction Corp having contracted with the Owner to furnish certain materials and / or labor for a project known as Parcel 7A, Regional Performing Arts Center, Hardscape Package P8 and owned by Village Financial, LLC. and does hereby further state on behalf of the aforementioned contractor: (PARTIAL WAIVER) that there is due from the Owner the sum of Fifty One Thousand Two Hundred Twenty Nine and No /100 Dollars ($51,229.00) ❑ receipt of which is hereby acknowledged; or ® the payment of which has been promised as the sole consideration of this Affidavit and Partial Waiver of Lien which is given solely with respect to said amount, and which waiver shall be effective only upon receipt of payment thereof by the undersigned; (FINAL WAIVER) that the final balance due from the Owner is the sum of Dollars ( ❑ 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 shall become effective upon receipt of such payment. THERFORE, the undersigned waives and releases unto ii a Owner of said premises, any and all lien or claim whatsoever on the above - described property and improvements there n account of LABOR or material or both, furnished by the undersigned thereto, subject to limitations of conditio a •ressed herein, if any; and further certifies that no other party has any claim or right to a lien on account of any wor;; pe ormed or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver. Gibraltar Construction Corp By WITNESS MY HAND AND NOTORIAL S 1979 1N©IANA SUBCONTRACTORS ASSOCIATION INCORPORATED unau1710,•tea pepo4uCt 'on Plorrbot•d day of May, 2011. Title President (Notary Public) BRIAN R. MCBRIDE Res. of Hancock County My Comm. Eo, 11 -29 -2017 Commission # 611862 Rev I©rtq