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Home My WebLink AboutGibraltar - $50,000Regions 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 10 (Gibraltar) August 2011 $ 50,000.00 Total Authorized Disbursement $ 50,000.00 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: °1 // ?�l CITY OF CARMEL REDEVELOPMENT COMMISSION By: Les S. Olds Printed: Title: 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) Paid by Carmel Theater Development Company $ 576.00 August 2011 (application 10) Amount to be paid by Carmel Theater Development Company $ 50,000.00 Document G702/C,MaTM ®1992 Application and Certificate for Payment Construction Manager - Adviser Edition TO OWNER: Carmel Redevelopment Commission PROJECT: Regional Performing Arts Center One Civic Square Carmel, IN 46032 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: 10 PERIOD TO: 8/31/11 CONTRACT DATE: 4/13/10 PROJECT NOS: Distribution to: OWNER ❑ CONSTRUCTION MANAGER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ 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 2. Net change by Change Orders 3. CONTRACT SUM TO DATE (Lined ± 2) 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) 5. RETAINAGE: a. % of Completed Work (Column D + E on G703) b. % of Stored Material (Column F on G703) $ 1,268,000.00 60,616.00 1,328 ;G16.00 1,287,397.00 13,400.00 Total Retainage (Lines 5a + 5b or Total in Column I of G703) 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 50.000.00 54,619.00 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $ $ Total approved this Month $ $ TOTALS $ . NET CHANGES by Change Order $ The undersigned Contractor certifies belief the Work covered by this App Contract Documents, that all am Certificates for Payment were payment shown v faeifAii pc CONTRACTOR: U�ct By: State of: at to the best of the Contractor's knowledge, information and ation for Payment has been completed in accordance with the have been paid by the Contractor for Work for which previous and payments received from the Owner, and that current tion Corp .4. .ai tr J1.11 County of: /��% -• .fi ' Pb Subscribed and swo. �. �e r e /fit ,t 1410':' me this Jof,, v N My Commission expires: /// //7 CERTIFICATE FOR PAYMENT Date: BRIAN R. MCBRIDE Eyes, of Hancock County My Comm. Exp. 11 -29 -2017 Cemmsson # 611862 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 andlbelief the 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'T'IFIED. M+ AMOUNT CERTIFIED (Attach explanation if Application and on t CONST•'■ +TION� By: \We' T/�! //� ARCHIT r • A it ° By: ount certified differs from the Sheet t .i are c e. • it unt ged t • $ A ®® ®. applied. Initial all figures on this conform with the amount certified.) Date: Date: da /-3j /t( This Certificate is not negotiable. The AMOUNT CER PINED is payable only to the Contractor named herein. Issuance ; 'payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. 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 G702/CMan" —1992. Copyright 01692' by. The American ihstitufe 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 theaaw. 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.: 10 APPLICATION DATE: 8/31/2011 PERIOD TO: 8/31/2011 ARCHITECT'S PROJECT NO. : A B C D E F G H I ITEM N0. 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 $34,889.00 $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 $9,878.00 $9,878.00 40% 15,122.00 4 Allowance - 100 CY Stone $4,500.00 $3,514.00 $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% - 13,400.00 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 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. : APPLICATION DATE: PERIOD TO: ARCHITECT'S PROJECT NO. : Page 3 of 3 10 8/31/2011 8/31/2011 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) °0 (G / C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE RATE) FROM PREVIOUS APPLICATION (D+ 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 $1,287,397.00 $0.00 $0.00 $1,287,397.00 97% $41,219.00 $13,400.00 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 Thousand and No /100 Dollars ($50,000.00) ❑ 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 th on the above - described property and improvements th: eo undersigned thereto, subject to limitations of conditions has any claim or right to a lien on account of any work and within the scope of this affidavit and waiver. Gibraltar Construction Corp By wner of said premises, any and all lien or claim whatsoever ccount of LABOR or material or both, furnished by the ssed herein, if any; and further certifies that no other party ed or material furnished to the undersigned for said project, WITNESS MY HAND AND NOTORIAL SEAL, a 1979 INDIANA SUBCONTRACTORS ASSOCIAUON INCOAPORATEO UrvuiRo•.tI0 Rem oduction Prorrhiad Title President y of August, 2011. (Notary Public) BRIAN R. MCBRIDE Res, of Hancock County My Comm. Exp. 11 -29 -2017 Commission # 611862 Rev 191B7