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HomeMy WebLinkAboutGibraltar - $576Regions 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 Application 9 (Gibraltar) June 2011 $ 576.00 Total Authorized Disbursement $ 576.00 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: 772c, // 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) Paid by Carmel Theater Development Company $ 51,229.00 June 2011 (application 9) Amount to be paid by Carmel Theater Development Company $ 576.00 G`T 2'IC aTM 1992 . Application' and Certificate for Paym ent 'Cgnstruction Manager-Adviser Edition 69 TO`OWNER Carmel Redevelopment Commission PROJECT: One Civic Square Carmel, IN 46032 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 ARCHITECT. CSO Architects, Inc. APPLICATION NO: g PERIOD TO: 6/30/11 CONTRACT DATE:4 /13/10 PROJECT NOS: Distribution to: OWNER ❑ CONSTRUCTION MANAGER ❑ ARCHITECT ❑ CONTRACTOR ❑ HELD ❑ 0 CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. 1. ORIGINAL CONTRACT SUM $ 1,268,000.00 2. Net change by Change O rders $ 3. CONTRACT SUM TO DATE (Line 1 ± 2) $1. i18,616.UU 1,287,397.00 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) $ The undersigned Contractor certi; is th< a the best of the Contractor's knowledge, information and belief the Work covered by this ;:lie nn for Payment has been completed in accordance with the Contract Documents, that all ai j).0 is h e been paid by the Contractor for Work for which previous Certificates for Payment wer / . s • ed nd payments received from the Owner, and that current payment shown ei s n v d 60,616.00 Gibraltar i s c ion Corp CONTRACTOR: By: 1 /l Date: z4;01,9,-. ti State of:� County of: es. „/ ■ Subscribed and sw., to befo me this . - . ay of ,„ -��J � ' // Notary Public: h,... My:!Commi.. . - Aires., „ //;-'.7. aJ -/ CERTIFICATE -FOR PAYMENT 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 to the best of their knowledge; information and belief die =Work has progressed' as indicated; the quality Of the Work is.in accordance with the Contract-Documents, and the Contractor is entitled to payment Of the AMOUNT CER''1U- t:D: 5. RETAINAGE: a. % of Completed Work (Column D + E on G703) b. % of Stored Material (Column F on G703) 63,400.00 Total Retainage (Lines sa + 5b or Total in Column I of 9703) 6. TOTAL EARNED LESS RETAINAGE (Line 4 Less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 8. CURRENT PAYMENT °DUE 9. BALANCE TO FINISH; INCLUDING'RETAINAGE (Line' 3 less Line 6) $ 1,223,997.00 1,223,421.00 b fb.uO 104,619.00 CI3ANG &ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous. months, by Owner Total approved this' Month ' $. $' TOTALS; ■ET`CHANGES by Change Order $ BRIAN R. MCBRIDE Res. of Hancock County My Comm. Exp. 11 -29 -2017 Commission # 611662. A. RTIFIED $ 5..a.otoig MOUNT CE (Attach explanation if amount certifiedrdiffers from t a punt applied. Initial all figur'es.on:this. Application and on t 6On.tinuation Sheet at ar: chi god to conform with the amount 'certified.) ARCHITE Dat: .�(f e 240 g►I... By This Certificate is not negotiable. The AMOUNT CERR1'1Mr.D is payable only to. the Contractor named` herein. Issuance, payment and ` acceptance' of payment are without, prejudice to any nghts.of theOwner or; Contractor.; under.tliis Contract. Date: CAUTION: You.should sign an originall AIA,, Contract Document; on _which this'text appears in RED., An: original assures that changes, will not be: oOkutect.- AIA Document G702ICMaTM -1992 ,Co yrf ht ©1992 -b .The American institute`of Architects All ri' htseserved WARNING: This AIA ®'Documentis rotected by 11 :S. Co ri ht.Law:and International Treaties. Unauthorized reproduction or distribution "ol thissAIA®' Document, or any,portion of,it may'resultin severe civil^ "and criminal penalties,'and'will be. prosecuted to the maximum extent possibie,under:the Iaw. 'Purchasers are permitted to'reproduce teri,(10) copies of this docurihent when completed. To report copyright violations of'AIA Contract Documents; ,e- rtiail'Th'e American Institute of•Ar'chittects; legaf,counsel; copyright @aia:org. CONTINUATION SHEET Page 2 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.: 9 APPLICATION DATE: 6/30/2011 PERIOD TO: 6/30/2011 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) o/, (G / C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D + E) THIS PERIOD 1 Concrete Allowance $35,000.00 $34,905.00 - $16.00 $34,889.00 100% 111.00 2 Motorcoach Connect Int. Allow $25,000.00 $0.00 $0.00 0% 25,000.00 3 Motorcoach Connect Ext. Allow $25,000.00 $9,927.00 - $49.00 $9,878.00 40% 15,122.00 4 Allowance - 100 CY Stone $4,500.00 $2,873.00 $641.00 $3,514.00 78% 986.00 5 Allowance - 5000 SF Geogrid $3,500.00 $3,500.00 $3,500.00 100% - 6 Allow. - 30 Galvanized Sleeves $1,500.00 $1,500.00 $1,500.00 100% - 7 Supervision $10,000.00 $10,000.00 $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 $104,500.00 $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.: 9 APPLICATION DATE: 6/30/2011 PERIOD TO: 6/30/2011 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 $1,286,821.00 $576.00 $0.00 $1,287,397.00 97% $41,219.00 $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 Five Hundred Seventy Six and No /100 Dollars ($576.00) ❑ 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 the Iiwner of said premises, any and all lien or claim whatsoever on the above - described property and improvements thereon =ccount of LABOR or material or both, furnished by the undersigned thereto, subject to limitations of conditions e pr ssed herein, if any; and further certifies that no other party has any claim or right to a lien on account of any work p: or ed or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver. Gibraltar Construction Corp By /lye // /f/. �� WITNESS MY HAND AND NOTORIAL SEAL, "T�. 2. nd • -y of June, 2011. C 1979 iNVIANA Su8C©NTAACTOps ASSOCIATION INCORPORAIED U"iutnOr.tt10 R6p+Oductwn Pro"rbited Title President (Notary Public) Rev 1O•*7