Loading...
HomeMy WebLinkAboutGibraltar, Signature & Smock Fansler - $155,058.25 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 Motor Court Improvements installment purchase contract Application 4(Gibraltar) April 2011 $ 93,636.00 Application 4(Signature) April 2011 $ 5,892.25 Application 1(Smock Fansler) April 2011 $ 55,530.00 Total Authorized Disbursement $155,058.25 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 Bnk and Carmel Theater Development Company, LLC. Dated: 5 /7 /� 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. ti. P5 Motor Court (Gibraltar) January 2011 Application 1 Paid by Carmel Theater Development $ 47,936.70 February 2011 Application 2 Paid by Carmel Theater Development $ 19,872.00 March 2011 Application 3 Paid by Carmel Theater Development $ 54,382.50 April 2011 Application 4 Amount to be paid by Carmel Theater Development $ 93,636.00 ._ . ...... 0 W1,4 TM =,„;,:dAIA Document G702ICMa ® 1992 Application and Certificate for Payment Construction Manager-Adviser Edition N TO OWNER: Signature Construction PROJECT: Plaza Parcel 5:Phase 1,Carmel City Cent lell r cdtGit'NO: 4 Distribution to: One Pedcor Square-720 3rd Avenue SW PERIOD TO: 4/30/11 OWNER ❑ Carmel,IN 46032 CONSTRUCTION MANAGER ❑ FROM CONTRACTOR: VIA CONSTRUCTION MANAGER: CONTRACT DATE: ARCHITECT El Construction Corp 4113/10 2932 N.Webster Ave. PROJECT NOS: I / CONTRACTOR ❑ Indianapolis,IN 46219 VIA ARCHITECT: FIELD ❑ Pedcor Design Group,LLC CONTRACT FOR: Waterproofing and Paving Components ❑ CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies th+t to the best of the Contractor's knowledge,information and Application is made for payment,as shown below,in connection with the Contract. belief the Work covered by this A..lic.�tion for Payment has been completed in accordance with the Contract Documents,that all amot is ve been paid by the Contractor for Work for which previous Continuation Sheet,AIA Document 0703,is attached. !1 • Certificates for Payment were i••,.ed :nd payments received from the Owner, and that current 1.ORIGINAL CONTRACT SUM S 253.613.00 payment shown herein is now du 2.Net change by Change Orders $ 0.00 CONTRACTOR:Gibraltar Co 1 . Corp 3.CONTRACT SUM TO DATE(Line 1±2) $ 253,613.00 By: Date: yi, 6"7/ 4.TOTAL COMPLETED&STORED TO DATE(Column G on G703) $ 239,808.00 State of: yN.,e) , 5,RETAINAGE: County of: /i0, I• BRIAN R. MCBRIDE a. %of Completed Work 23 980 Subscribed afid'sworn J of Hancock CDu(Column D+Eon G703) $ me this , da !1 / n b. %of Stored Material Notary P {Y��Mm 1 292017 (Column F on G703) $ My Commission expires: ///?4q� 'C .rr!tlissiOn#∎1 1862 Total Retainage(Lines 5a+5b or Total in Column I of G703).. $ CERTIFICATE FOR PAYMENT 6.TOTAL EARNED LESS RETAINAGE $ 215,827.20 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 (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 $ 122,191.20 accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT (Line 6 from prior Certificate) — CERTI!IhD. 8.CURRENT PAYMENT DUE $ 93,636.00 7 AMOUNT CERTIFIED $ 134 9,BALANCE TO FINISH,INCLUDING RETAINAGE (Attach explanation if amount certified differs from the amount applied.Initi l all,fgures on this 57,785 80 Application and on the Continuation Sheet that are changed to conform with the amount certified.) (Line 3 less Line 6) $ CONSTRUCTION MANAGER: By: ' Date: CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITE Tn.Gm r L, f 4.11�U Total changes approved in previous months by Owner $ $ By: i'�014, � / Date: ii Total approved this Month $ $ This Certifi ate is not gotiable. The AMOUNT CERTIFIED is payabl)onl to the Contractor TOTALS $ $ nam I herb n. Issuance, payment and acceptance of payment are without prejudice to any rights of NET CHANGES by Change Order $ the 0 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/CMaT"—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 Ale 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,e-m-'i The American Institute of Architects'legal counsel,copyright @aia.org. T/.?? /r CONTINUATION SHEET Page 2 of 2 APPLICATION NO. : 4 APPLICATION AND CERTIFICATE FOR PAYMENT,containing Contractors signed Certification,is APPLICATION DATE: 4/30/2011 attached. In tabulations below,amounts are stated to the nearest dollar. Use Column I on Contracts where PERIOD TO: 4/30/2011 variable retainage for line items may apply. ARCHITECTS PROJECT NO. : A B C D I E F G H WORK COMPLETED MATERIALS TOTAL ITEM PRESENTLY COMPLETED AND y(, BALANCE TO RETAINAGE DESCRIPTION OF WORK SCHEDULED VALUE FROM PREVIOUS FINISH (IF VARIABLE NO. APPLICATION THIS PERIOD STORED(NOT IN STORED TO DATE (0!C) (D+E) DORE) (D+E+F) (C G) RATE) 1 Supervision $1,000.00 $520.00 $330.00, $850.00 85% 150.00 85.00 2 Trench Drain Material $7,500.00 $7,500.00 $7,500.00 100% - 750.00 3 Trench Drain Labor $1,500.00 $1,500.00 $1,500.00 100% - 150.00 4 Concrete Topping Slabs&Curbs Mt'I $60,000.00 $36,000.00 $22,800.00 $58,800.00 98% 1,200.00 5,880.00 5 Concrete Topping Slabs&Curbs Labor $69,213.00 $41,528.00 $26,300.00 $67,828.00 98% 1,385.00 6,782.80 6 Waterproofing&Expansion Joints $107,000.00 $42,800.00 $53,500.00 $96,300.00 90% 10,700.00 9,630.00 7 Plumbing $7,400.00 $5,920.00 $1,110.00 $7,030.00 95% 370.00 703.00 $253,613.00 $135,768.00 $104,040.00 $0.00 $239,808.00 95% $13,805.00 $23,980.80 ISA Form#1-402 ASjiAFFIDAVIT 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 Carmel City Cntr-P1 I I -Waterproofing and Paving Components-Motor Court and owned by Carmel Theater Development Company. and does hereby further state on behalf of the aforementioned contractor: (PARTIAL WAIVER)that there is due from the Owner the sum of Ninety Three Thousand Six Hundred Thirty Six and No/100-------- Dollars ($93,636.00) ❑ 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 sol consideration for this Affidavit and Final Waiver of Lien which shall become effective upon receipt of uch payment. THERFORE,the undersigned waives and releases unto the • !•r of said premises, any and all lien or claim whatsoever on the above-described property and improvements thereo a Lunt of LABOR or material or both,furnished by the undersigned thereto, subject to limitations of conditions ex. -ss • herein, if any;and further certifies that no other party has any claim or right to a lien on account of any work pe m=:or material furnished to the undersigned for said project, and within the scope of this affidavit and waiver. Gibraltar Construction Corp By //14 Title President /1/ , WITNESS MY HAND AND NOTORIAL SEAL, th ay April, 2011. (Notary Public) ,91 IkD,AkA SU1COMTRACTO•S ASSOC,AT,OM ikcOROORATED 1 •4 p` BRIAN R. MCBRIDE 0540,10,46d R.oLOeatc,wn►+o„pew.a } SEAL + Res, of Hancock County �„ ,� My Ccrnrr. Exp. 11-29-2017 . " Ctrn.71 w'on#61.1:862 P5 Motor Court (Signature Construction) January 2011 Application 1 Paid by Carmel Theater Development $ 2,663.15 February 2011 Application 2 Paid by Carmel Theater Development $ 5,414.43 March 2011 Application 3 Paid by Carmel Theater Development $ 6,824.47 April 2011 Application 4 Amount to be paid by Carmel Theater Development $ 5,892.25 APPLICATION AND CERTIFICATION FOR PAYMENT AIA DOCUMENT G702 PAGE ONE OF 2 PAGES2 • TO OWNER CRC at City of Carmel PROJECT: Motor Court APPLICATION NO Invoice 5 4 I Distribution to: Carmel Indiana 46032 Signature costs OWNER ARCHITECT PERIOD TO: 4/25/2011 X CONTRACTOR FROM CONTRACTOR: VIA ARCHITECT: Pedcor Design Signature Construction Services LLC 720 3rd Avenue S.W. PROJECT NOS: Cannel,Indiana 46032 CONTRACT FOR: CONTRACT DATE: 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,is 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 payments received from the Owner,and that current payment shown herein is now due. I. ORIGINAL CONTRACT SUM $ 25,361.30 2. Net change by Change Orders $ 0.00 CONTRACTOR: 3. CONTRACT SUM TO DATE(Line I t 2) $ 25,361.30 4. TOTAL COMPLETED&STORED TO $ 20,794.30 f By: A! / Date: Lc// 5. RETAINAGE: Ihoma '. 'oontz, 'resi•ent // a. 0%of-Completed Work $ 0 St.scribed an 'worn to before me this day of At/al-,If ,.o// (Column D+E on G703) t LINDA BUCHANAN b. %of Stored Material $ i ''. = Hancock County (C o Limn F on G703) :NOTARY'. I otai Retainage(Lines ca+-3n or k,,,:.,SEAL My Commission Expires o, August 20,2011 Total in Column I of G703) $ 0.00 AKCHITEC-IS CEKTIFIGATE FOR PA M NT H ' 6. TOTAL EARNED LESS RETAINAGE $ 20,794.30 In accordance with the Contract Documents,based on on-site observations and the data (Line 4 Less Line 5 Total) comprising the application,the Architect certifies to the Owner that to the best of the 7. LESS PREVIOUS CERTIFICATES FOR Architect's knowledge,information and belief the Work has progressed as indicated, PAYMENT(Line 6 from prior Certificate) $ 14,902.05 the quality of-the Work is in accordance with the Contract Documents,and the Contractor 8. CURRENT PAYMENT DUE $ .),892.25 is entitled to payment of the AMOUNT CERTIFIED. 9. BALANCE TO FINISH,INCLUDING RETAINAGE $ 4,567.00 � (Line 3 less Line 6) AMOUNT CERTIFIED $ !',2. CHANGE ORDER SUMMARY AUDI I IONS DEDUC I IONS (Attach explanation if amount certified differs from the amount applied.Initial all figures on this fatal changes approved - Applicatio n• - • o.tinuatiot S et that are changed to conf rm with the amount certified.) in Total approved months by Owner BRCIIITE• � �i0 //J 4f 4 Total a roved this Month y' r , Date: TOTALS $0.00 $0.00 Th s Certifttat:is not negotiat e. The AMOUNT CERTIFIED is payab only to the t.o tractor'amea nerem.last.nee,payment aria acceptance of payment are wnmout NET CHANGES by Change Order $0.00 pre dice to any rights of the honer or Contractor under this Contract. AIA DOCUMENT G702'APPLICATION AND CERTIFICATION FOR PAYMENT.1992 EDITION•AIA '01992 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON.DC 20006-5292 Users may obtain validation of this document by requesting a completed AIA Document D401 -Certification of Document's Authenticity from the Licensee. SIGNATURE CONSTRUCTION LLC • 720 3rd Avenue, S. W. Carmel, Indiana 46032 Invoice # 4 4/25/11 Motor Court - Gibraltor Carmel, Indiana WORK COMPLETED MATERIALS TOTAL BALANCE ITEM DESCRIPTION OF SCHEDULED FROM PREVIOUS THIS PRESENTLY COMPLETED AND TO Committed NO. WORK VALUE APPLICATIONS PERIOD STORED STORED TO DATE % FINISH Cost General Requirements: Site Supervision 12,680.65 8,113.65 0.00 0.00 8,113.65 64% 4,567.00 8,113.65 Construction Management Fee 12,680.65 6,788.40 5,892.25 0.00 12,680.65 100% 0.00 12,680.65 25,361.30 14,902.05 5,892.25 0.00 20,794.30 82% 4,567.00 20,794.30 CONDITIONAL AFFIDAVIT AND WAIVER OF LIEN STATE OF INDIANA ) COUNTY OF HAMILTON ) Thomas E. Koontz being duly sworn states that he is the President of Signature Construction, LLC having contract to furnish certain materials and I or labor as follows: Construction Management Services for a project known as Motor Court, located at Carmel, Indiana and owned by the Carmel Redevelopment Commission and does state: CONDITIONAL WAIVER: that the balance due from the owner is the sum of five thousand eight hundred ninty-two dollars and twenty-five cents ($5,892.25) the payment of which has been promised as the sole consideration for this Affidavit and Conditional Waiver of Lien which is given to and for said amount, effective upon receipt of such cash payment. THEREFORE, the undersigned waives and releases unto the Owner of said premises any and all line or 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 perform or material furnished to the undersigned for the said project, and within the scope of this affidavit and waiver. SIGNATURE CONSTRUCTION, LLC AR / T oma " . oontz, President Subscribed and sworn to before me this: 47ar:/ a-s x 1I Notary Public: , ° LINDA BUCHANAN (::'NOTARY....R e, Hancock County . s., ., My Commission Expires I `?E:F,ee.' August 20,2011 P5 Motor Court (Smock Fansler) April 2011 Application 1 Amount to be paid by Carmel Theater Development $ 55,530.00 AIA Type Document Application and Certification for Payment Page 1 of 2 TO(OWNER):CARMEL REDEVELOPMENT COMM. PROJECT:MOTOR COURT&FOUNTAINS APPLICATION NO: 1 DISTRIBUTION 30 W. MAIN ST. PERIOD TO:4/30/2011 TO: CARMEL, IN 46032 _OWNER ARCHITECT CONTRACTOR — FROM(CONTRACTOR):Smock Fansior Corporation VIA(ARCHITECT): ARCHITECT'S 2910 W.Minnesota Street PROJECT NO: Indianapolis,IN 46241 CONTRACT FOR: CONTRACT DATE: t-"C"),i P r)J'."t(.7`..1 rsi s`'M°`h, Tt• kr="1 ,9c T r !1,,;,1 i 1h2 F,./Ay Ek,i`: ,i 1- ,._ .... „„ ,_ , , _u ,. . ,. An,-; ..cr !s m.:de to ., .mss siho....Delon,in conhecticn with the Contract Co tract Documents,that all amounts have been paid by the Contractor for Work for which previous Continuation Sheet,AIA Type Document is attached. Certificates for Payment were issued and payments received from the owner,and tha@,,,,i,;;;,., current payment shown herein is now due 1.ORIGINAL CONTRACT SUM S 268,590.00 2.Net Change by Chance Orders 5 0.00 CONTRACTOR Smock Fansler Corporation 2910 W.Minnesota Street Indianapolis, IN 46241 3.CONTRACT SUM TO DATE(Line 1 +2) 5 268,590.00 " r 61,700.00 B -- e/�" . ,ti _ /� ,11,./ t. J ------ Date t 4.TOTAL COMPLETED AND STORED TO DATE S y, f';';',./."/ / CEO ', 5.RETAINAGE: // /,:,- r ;,Kill` State of:IN J� a 10.00%o of Completed Work S 6,170 00 """-r-t;;:r,;;!; \ County of MORGAN b 0.00'/0 of Stored Material S 0.00 Subscribed and Sworn to before me this / '.—.. Day of /j,jam, 20 /`j Notary Public: Total retainage(Line 5a+5b) S 6,170.00 / d r 'O/. My Commission Expires: ; ?„ ,j 6.TOTAL EARNED LESS RETAINAGE $ 55,530.00 (Line 4 less Line 5 Total) ARCHITECT'S CERTIFICATE FOR PAYMENT 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT In Accordance with the Contract Documents,based on on-site observations and the data corn- (Line 6 from prior Certificate) S 0.00 prising the above application, the Architect certifies to owner that to the best of the Architect's knowledge,information and belief the Work has progressed as indicated,the quality of the work 8.CURRENT PAYMENT DUE S 55,530.00 is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED, 9.BALANCE TO FINISH,INCLUDING RETAINAGE (Line 3 less Line 6) $ 213,060 00 AMOUNT CERTIFIED S `(/ , - (Attach explanation if amount certified Jiff.rs from the amount applied. Initial all figures on this CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Application at • • he •ntinuation hr•r' that ch ed to co for the amount certified.) Total changes approved in ARCHITEC �k to previous months by Owner 0.00 0.00 6Y ID• ..� Date: 7i 11 Total approved this Month 0.00 0.00 This ■-rtific. e is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named 1 ein.Issuance,Payment and acceptance of payment are without prejudice to any TOTALS 0.00 0.00 rights of the Owner or Contractor under this Contract. NET CHANGES by Change Order 0.00 AIA Type Document Application and Certification for Payment Page 2 of 2 TO(OWNER):CARMEL REDEVELOPMENT COMM. PROJECT:MOTOR COURT&FOUNTAINS APPLICATION NO: 1 DISTRIBUTION 30 W.MAIN ST. TO: CARMEL,IN 46032 PERIOD TO.4/30/2011 _OWNER _ARCHITECT CONTRACTOR FROM(CONTRACTOR):Smock Fansler Corporation VIA(ARCHITECT): ARCHITECTS 2910 W.Minnesota Street PROJECT NO: Indianapolis, IN 46241 CONTRACT FOR: CONTRACT DATE: SCHEDULE PREVIOUS COMPLETED STORED COMPLETED ITEM DESCRIPTION VALUE APPLICATIONS THIS PERIOD MATERIAL STORED % BALANCE RETAINAGE 1 MOBILIZATION/DEMOBILIZATION 13,200.00 0.00 6,600.00 0.00 6,600.00 50.00 6,600.00 660.00 2 ASPHALT BASE 55,100.00 0.00 55,100.00 0.00 55,100.00 100.00 0.00 5,510.00 3 UNIT PAVERS 200,290.00 0.00 0.00 0.00 0.00 0.00 200,290.00 0.00 REPORT TOTALS $268,590.00 $0.00 $51,700.00 $0.00 $61,700.00 22.97 $206,890.00 $6,170.00 AFFIDAVIT AND WAIVER OF LIEN L Final [X] Partial [X] Payment to Follow State of Indiana County of Marion T. IVL. Fausler. being duly sworn states that he is the CEO of SMOCK FANSLER CORP. having contracted with: Carmel Redevelopment Commission to furnish certain labor, materials, and/or services as follows: Misc. Construction for a project known as: SFC#10-1 10 Carmel City Ctr. Motor Ct. & Fountains located al. Indianapolis, IN and does hereby state on behalf of the aforementioned contractor: (PARTIAL. WAIVER)that there is due from the owner the sum of: (S55,530.00) Fifty Five Thousand Five lluadred Thirty Dollars and No/100 ] receipt of which is hereby acknowledged;or [X] the payment of which has been promised asthe 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(S0.00) [ ] receipt of which is hereby acknowledged: or [ ] the payment of which has been promised as the sole consideration of this Affidavit and Final Waiver of Lien which shall become effective upai receipt of such payment. THEREFORE, the undersigned waives and releases unto the Owner of said premises, any and all lien or claim whatsoever on the above-described property and improvements thereon on account of Labor, Materials. and/or Services, Furnished by the undersigned thereto, subject to limitations or conditions expressed herein, if any; and further certifies that no other party has any claim or right to a lien on account of any work performed, materials, or services furnished to the undersigned for said project, and within the scope of this all iciav it and waiver. SMOCK FANSI:I R CORP. By .✓" ,. i_ T. M. Fansler K 'l. WITNESS SS MY HAND AND NOTARIAL ARIAI_;SEAL,, this .19'x' day of April ,2011. -' Melissa J. Bishop Notari Public My coiniu:SSiOil expires Novcmej 30. 20i6 Residing in Morgan County ..