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HomeMy WebLinkAboutSECOA - $165,150Exhibit D Disbursement Instructions Mercantile 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 Village Financial, LLC as per the PAC Fixed Seating installment purchase contract Application 3 (SECOA) May 2010 $ 165,150.00 Total Authorized Disbursement $ 165,150.00 All terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement (PAC Fixed Seating), dated, as of August 31, 2009, by and between Lender and Village Financial, LLC. Dated: /c. VO CITY OF CARMEL REDEVELOPMENT COMMISSION By Printed Title Les S. Olds Executive Director Draft Theater Seating SECOA (Mercantile) January 2009 Paid by Village Financial $ 7,515.00 May 2009 Paid by Village Financial $ 67,500.00 May 2010 Amount to be paid by Village Financial $ 165,150.00 OEMS Document 6702 /CMaTM ® 1992 Application and Certificate for Payment Construction Manager- Adviser Edition /l7 TO OWNER: City of Carmel Indiana Redevelopment Commission Indianapolis, IN 46032 FROM SECOA, Inc. CONTRACTOR: 8650 109th Ave. North MANAGER: Champlin. MN 55316 CONTRACT FOR: Fixed Audience Seatign PROJECT: VIA CONSTRUCTION VIA ARCHITECT: Carmel Regional Performing Arts Center 211 City Center Drive Carmel, IN 46032 Shiel Sexton Co. Inc. CSO Architects, Inc. APPLICATION NO: 003 PERIOD TO: May 31. 2010 CONTRACT DATE: November 18, 2008 PROJECT NOS: / / 2695 -5200 Distribution to: OWNER: X CONSTRUCTION MANAGER: X ARCHITECT: X CONTRACTOR: FIELD: OTHER: 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 (Line 1 ± 2) $ 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) $ 5. RETAINAGE: a. 10 % of Completed Work (Column D + E on G703) $ 26,685.00 b. 0 % of Stored Material (Column P on G703) $ 0.00 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been 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. 835,196.00 - 58.313.00 CONT' : CTOR: 776,883.00 266.850.00 Total Rctainage (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) 26,685.00 240.165.00 75.015.00 By.. State of: i nesota Date: Mav'1, 2010 County of: Hennepin Subscribed and sworn to before methis day of Notary Public: Kristen Shattuck My Commission expires: January 31, 2015 / KRISTEN M. SHATTUCK Notary PIihllr`.Minnogot2 4, ,L. °v My Commission Expires Jan 31, 2015 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 the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents. and the Contractor is entitled to pa)lnent of the AMOUNT CERTIFIED. CERTIFICATE FOR PAYMENT AIA Document G702 /CMaT" 1992. Copyright O 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 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 the law. This document was produced by AIA software at 10:01 29 on 05/21/2010 under Order No.4304005773_1 which expires on 11/10/2010, and is not for resale. User Notes: (913007449) 1 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $ 165,150.00 $ 536,718.00 C1 -IANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $ 0.00 $ 58,313.00 Total approved this Month $ 0.00 $ 0.00 TOTALS $ 0.00 $ 58,313.00 NET CHANGES by Change Order $ - 58,313.00 AMOUNT CERTIFIED $ 165,150.00 (Attach explanation if amount certified differs fro e .mount applied. Initial all figures on this Application and on the Continuation Sheet that re ch. ged to conform with the amount certified.) CONSTRUCTION .•G.': By: ARC By: Date: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED 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. 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 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 the law. This document was produced by AIA software at 10:01:29 on 05/21/2010 under Order No.4304005773_1 which expires on 11/10/2010, and is not for resale. User Notes: (913007449) 2 CONTINUATION SHEET AIA DOCUMENT G703 PAGE OF PAGES AIA Document G702, APPLICATION AND CERTIFICATION 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. SECOA, Inc. APPLICATION NO: 3 APPLICATION DATE: 05/11/10 PERIOD TO: 05/31/10 SECOA'S PROJECT NO: 11786 -JRD Carmel Performini Arts Center A B C D E F G H I ITEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE NO VALUE FROM PREVIOUS THIS PERIOD PRESENTLY COMPLETED (G — C) TO FINISH (IF VARIABLE APPLICATION STORED AND STORED (C - G) RATE) (D + E) (NOT IN TO DATE D OR E) (D +E +F) 1 Performance & Payment Bond 8,350.00 8,350.00 8,350.00 100% 835.00 2 Shop Drawings, Engineering, 75,000.00 75,000.00 75,000.00 100% 7,500.00 Samples, Coordination 0.00 3 Procurement of Custom Fabric 59,000.00 38,000.00 38,000.00 64% 21,000.00 3,800.00 4 Procurement of Custom End Panels 127,000.00 127,000.00 127,000.00 100% 12,700.00 5 Fixed Audience Seating - Materials 364,346.00 18,500.00 18,500.00 5% 345,846.00 1,850.00 6 Fixed Audience Seating - Labor 82,600.00 82,600.00 0.00 7 Demountable Seating - Materials 71,500.00 71,500.00 0.00 8 Demountable Seating - Labor 7,400.00 7,400.00 0.00 9 General Allowance 35,000.00 35,000.00 0.00 10 CAD Allowance 5,000.00 5,000.00 0.00 11 CO #1 -Wood change on Seating (35.083.00) (35,08 3.00) 0.00 12 CO #2- Allowance Reduction w /bond (23.230.00) (23.230.00) 0.00 13 CO #3 -Labor for Work Directive Change 0.00 0.00 14 0.00 GRAND TOTALS 776,883.00 83,350.00 18,500.00 165,000.00 266,850.00 510,033.00 26,685.00 Users may obtain validation of this document by requesting of the license a completed AIA Document D401 - Certification of Document's Authentic ty AIA DOCUMENT G703 CONTINUATION SHEET FOR G702 • 1992 EDITION AIA 01992 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. WASHINGTON, D.C. 20006 -5232 G703 -1992 s a The Stage Equipment Company Unconditional Waiver and Release Upon Partial Payment The undersigned has been paid and has received a progress payment in the sum of $75,015.00 for labor, services, equipment or materials furnished to the City of Carmel, Carmel Redevelopment Commission on the job of: Carmel Regional Performing Arts Center located at: 777 3" Avenue SW, Carmel, IN and does hereby release any mechanic's lien, stop notice or bond right that the undersigned has on the above referenced job to the following extent. This release covers a progress payment for labor, services, equipment or materials furnished to: City of Carmel, Carmel Redevelopment Commission through: May 31, 2009 only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order, which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based on a recission, abandonment, or breech of contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment or material was not compensated by the progress payment. Dated: May 21, 2010 SECOA, Inc. (company name) By: Ma y T eiste Title: Secretary Sworn to and subsc ibed before me this 21st day of May, 2010. ilajta, Notary Public My commission expires: January 31, 2015 r *u TF.N M. SHATTUCK o,���,��* Notary Public- Minnosota ,;`_5_ 9 My Commission Explros MA 0i. 2016 VNANNAAAAAAAAAA,~"A, \ '3'�JVYN�WVv 8650 109th Avenue North • Champlin, Minnesota 55316 -3789 • (763) 506 -8800 • (763) 506 -5844 facsimile a® The Stage Equipment Company Conditional Waiver and Release Upon Partial Payment Upon Receipt of a check from Village Financial, LLC in the sum of $165,150.00 for labor, services, equipment or taterials furnished to Village Financial, LLC on the job of: Carmel Regional Performing Arts Center located at: 777 3' i1 Avenue SW, Carmel, IN and does hereby release any mechanic's lien, stop notice or bond right that the undersigned has on the above referenced job to the following extent. This release covers a progress payments for labor, services, equipment or materials furnished to: Village Financial, LLC through: May 31, 2010 only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order, which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any mechanic's lien, stop notice or bond right shall not otherwise affect the contract rights, including rights between parties to the contract based on a recission, abandonment, or breech of contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment or material was not compensated by the progress payment. Dated: May 21, 2010 SECOA, Inc. (company name) By: M Title: Secreta wq'rn to and subscribed before me this 21st day of May, 2010. ,4-71 , Notary Public My commission expires: January 31, 2015 1 KRISTEN M. SHATTUCK Notary Public- Minnesota M commission Plipiraa Jan 31, 2015 1 8650 109th Avenue North • Champlin, Minnesota 55316 -3789 • (763) 506 -8800 • (763) 506 -8844 facsimile