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HomeMy WebLinkAboutSmock - $176,055.75Disbursements of Loan Proceeds from the Borrower Loan Account to (or for the account of) Borrower in the amount of the "Total Authorized Disbursement" line in the "Amount of Authorized Disbursement" column (see form of notice below) shall be made in accordance with the terms and conditions of the Agreement, the other Loan Documents, and the Disbursement Instructions promptly upon receipt by Lender of a notice in the following form signed by the President, Vice President, Secretary, or Executive Director of CRC: Mercantile Bank hereby is instructed to make a disbursement of Loan Proceeds from the Borrower Loan Account to (or for the account ot) 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 Hanover Square Improvements installment purchase contract Application 1 (Smock) April 2011 $ 85,007.92 Application 2 (Smock) June 2011 $ 91,047.83 Total Authorized Disbursement ;>$'.;7 05f...75-E.,, . , ' `° `'" ., . All terms used in these Disbursement Instructions without definition shall have the meanings ascribed thereto in that certain Loan Agreement (Hanover Square Improvements), dated May , 201, by and between Lender and Village Financial, LLC. Dated: 7 /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 ot) Borrower: (a) completion of satisfactory inspection by CRC of the portions of the Hanover Square Improvements to which the disbursement relates; and (b) receipt of customary submittals. Application 1 Application 2 Hanover Square Improvements (Smock) April 2011 Amount to be paid by Village Financial, LLC June 2011 Amount to be paid by Village Financial, LLC AIA Type Document Application and Certification for Payment Page 1 of 2 TO (OWNER) :VILLAGE FINANCIAL LLC 770 3RD AVENUE SW CARMEL, IN 46032 FROM (CONTRACTOR): Smock Fansler Corporation 2910 W. Minnesota Street Indianapolis, IN 46241 CONTRACT FOR PROJECT: HANOVER SCI FOUNT ( CLAY CTR. 30 W. MAIN ST. CARMEL, IN 46032 VIA (ARCHITECT): APPLICATION NO: 1 PERIOD TO :4 /3012 0 1 1 ARCHITECT'S PROJECT NO: CONTRACT DATE: DISTRIBUTION TO: _OWNER _ARCHITECT CONTRACTOR CONTRACTORS APPLICATION FOR PAYMENT Application Is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Type Document is attached. 1. ORIGINAL CONTRACT SUM $ 2. Not Change by Change Orders $ 3. CONTRACT SUM TO DATE (Line 1 + 2) 4, TOTAL COMPLETED AND STORED TO DATE $ 331,50000 0.00 331,500.00 9446325 5. RETAINAGE: a. 10,00 % of Completed Work $ 9,445.33 b. 0.00 % of Stored Material 0.00 Total retainage (Line 5a + 5b) $ 9,445.33 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) $ 246,492.08 85,007,92 0.00 85,007.92 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total Changes approved In previous months by Owner 0.00 0.00 Total approved this Month 0.00 0.00 TOTALS 0.00 0.00 NET CHANGES by Change Order 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 I Certificates for Payment were issued and payments received from the owner, and, �t current payment shown herein is now due. �wp PUe CONTRACTOR: Smock Fenster Corporation 2910 W. Minnesota Street Indlanapoiis, IN 46241 By: T.M. FANS E' / CEO State of: IN County of MORGAN Subscribed and Sworn to before a/ S� Day of A _ r, Notary Pubfic: a My Commission Expires : %/ /S0702(VX luurrout0 ARCHITECT'S CERTIFICATE FOR PAYMENT In Accordance with the Contract Documents, based on on -site observations and the data com- prising the above application, the Architect certifies to owner that tolhe best of the Architect's 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 payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED (Attach explanation if ant•` Application and • ��5� ARCHITECT: Sy: i.1_.A A.► $ 1 certified differs from the amount applied. initial all figures on this nuation Sheet that are changed to conform to the amount certified.) Date: This Certif.: to is •t negotiable. The AMOUNT CERTIFIED is payabl: only the Contractor named herein. s ,ante, Payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract AIA Type Document Application and Certification for Payment Page 2 of 2 TO (OWNER): VILLAGE FINANCIAL LLC 770 3RD AVENUE SW CARMEL, IN 46032 FROM (CONTRACTOR): Smock Fenster Corporation 2910 W. Minnesota Street Indianapolis, IN 46241 CONTRACT FOR: PROJECT: HANOVER SQ FOUNT © CLAY CTR. 30 W. MAIN ST. CARMEL, IN 46032 APPLICATION NO: 1 PERIOD TO:4/3012011 VIA (ARCHITECT): ARCHITECT'S PROJECT NO: CONTRACT DATE: DISTRIBUTION TO: _ OWNER _ ARCHITECT CONTRACTOR SCHEDULE PREVIOUS COMPLETED STORED COMPLETED ITEM DESCRIPTION VALUE APPLICATIONS THIS PERIOD MATERIAL STORED % BALANCE RETAINAGE 1 FOUNTAIN EQUIPMENT 181,785.00 0.00 90,892.50 0.00 90,892.50 50.00 90,892.50 9,089.25 2 PIPING/PUMP 71,215.00 0.00 3,560.75 0.00 3,560.75 5.00 67,654.25 356.08 INSTALLATION /ELEC 3 GARAGE IMPROVEMENTS 23,500.00 0.00 0.00 0.00 0.00 0,00 23,500.00 0.00 4 PAVING AND SURFACE 65,000.00 0.00 0,00 0.00 0.00 0,00 55,000.00 0.00 EQUIPMENT REPORT TOTALS $331,500.00 50.00 594,453.25 $0.00 594,453.25 28.49 5237,046.75 59,445.33 SUBCONTRACTOR'S SWORN STATEMENT OF INDEBTNESS & WAIVER OF LIEN STATE OF INDIANA COUNTY OF HAMILTON T.M. Fenster Being duly sworn upon his /her oath disposes and says that: 1. He /she is CEO (inserting sole proprietor, partner or corporate office held, as the case mayby), to Smock Fansler Corporation hereafter called the "Subcontractor'. He /she is over the age of twenty one. He /she is authorized to make this affidavit on behalf of Subcontractor. 2. Subcontractor is the Fountain Subcontractor for the construction of the development known as Hanover Square Improvements located in Carmel (City), INDIANA (state), hereafter referred to as the "Development ", pursuant to the contract between the Subcontractor and Village Financial, LLC, the Owner. 3. This affidavit is made for the express purpose of inducing Village Financial, LLC, to make payment to Subcontractor of the invoice submitted herewith for labor and materials furnished pursuant to said Contractor. Upon receipt of said payment the Subcontractor hereby waives any lien reights to which Subcontractor is entitled for tabor or materials furnished for the development to the date hereof. 4. Subcontractor agrees that upon receipt of the payment amount described above, Subcontractor shall immediately execute in favor the Owner, the 'Transfer of Title" document (attached as Exhibit A) for all labor and material furnished to the extent described above. 5. Listed below are all suppliers or other persons who either has furnished or might furnish the Subcontractor with materials, appliances, machinery, fixtures or furnishing placed upon or installed on the development. Mark (X) in the appropriate column for EACH supplier listed. Place an (X) in column: 1.) If a waiver of lien by supplier conditioned by payment of a specified amount is attached hereto. (In this case also show the amount owed the supplier). 2.) If a FULL (final) lien release has been signed and delivered to the General Contractor. 3.) if the initial delivery has not been made. Supplier List (Add list if necessary) Amount Owed Previously Paid Balance Service Pipe & Supply $97.78 $97.78 $0.00 # 1 and 2 correspond to the same numbered choices on the waiver format. Village Financial, LLC is hereby authorized to make payment to each such unpaid creditor either directly or by check jointly payable to Subcontractor and such creditor, as Village Financial, LLC shall determine. 5. There are no bills, charges, costs or expenses for labor or material which could now or hereafter result in lien being filed against the Development or a claim being asserted against the General Contractor except the persons or business named in Paragraph 4 above. IN WITNESS WHERE OF, affiant has signed this document on behalf of the Subcontractor this 21st day of April 1` � , 2011. T.M. Fenster CEO State of INDIANA County of MORGAN Subscribed and sworn to before me, a Notary Public in and for said County and State, this 21st day of April , 2011. My Commission Expires: November 30. 2016 Melissa J. Bishop (Print Name) Attachment A TRANSFER OF TITLE Smock Fansler Corporation (Contractor) transfers to Village Financial, LLC any and all right, title and /or interest that Contractor has in any labor and /or materials described in (i) that Affidavit of Waiver of Lien executed by the Contractor on April 21st , 2011, and (ii) in the "Amount of this Request" section of that Affidavit executed by the Contractor on April 21st , 2011. "CONTRACTOR" By: '; - Printed: Title: T.M. Fansler CEO AIA Type Document Application and Certification for Payment Page 1 of 2 TO (OWNER): VILLAGE FINANCIAL LLC 770 3RD AVENUE SW CARMEL, IN 46032 FROM (CONTRACTOR): Smock Fansier Corporation 2910 W. Minnesota Street Indianapolis, IN 46241 CONTRACT FOR PROJECT: HANOVER SQ FOUNT@ CITY CTR. 770 3RD AVENUE SW CARMEL, IN 46032 VIA (ARCHITECT): APPLICATION NO: 2 PERIOD TO:6/30/2011 ARCHITECT'S PROJECT NO: CONTRACT DATE: DISTRIBUTION TO: _ OWNER ARCHITECT CONTRACTOR CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Type Document is attached. 1. ORIGINAL CONTRACT SUM $ 2. Net Change by Change Orders $ 3. CONTRACT SUM TO DATE (Line 1 + 2) $ 4. TOTAL COMPLETED AND STORED TO DATE $ 331,500.00 0.00 331,500.00 195,617.50 5, RETAINAGE: a. 10,00 °% of Completed Work $ 19,561.75 b. 0,00 % of Stored Material $ 0.00 Total retainage (Line 5a + 5b) $ 6. TOTAL EARNED LESS RETAINAGE $ (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) $ 19,561.75 176,055.75 85,007.92 8. CURRENT PAYMENT DUE $ 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) $ 155,444.25 91,047.83 CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner 0.00 0.00 Total approved this Month 0.00 0.00 TOTALS 0.00 0.00 NET CHANGES by Change Order 0.00 The Undersigned Contractor certifies that to the best of the Contractor's knowledge, information end 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 owners, gnd' #oil klJh.,; .. current payment shown herein Is now due. ;_' .gyp R'' PUS-""c CONTRACTOR Smock Fansler Corporation 2910 W. Minnesota Street Indianapolis, IN 46241 By: T.M. FANSLER State of: IN County of: MORGAN Subscribed and Sworn to before me this / CEO Notary Public: L/'''. My Commission Expires : Date: • SEAL':,. 6-.44/ - • Day of 20 > ARCHITECT'S CERTIFICATE FOR PAYMENT In Accordance with the Contract Documents, based an on -site observations and the data com- 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 tndicated,the quality of the work is in accordance with the Contract Documents, and the Contractor Is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED $ 1\ ,a?'% (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application an . -_... . ottinuation Sheet that are changed to conform to the amount certified.) ARCHITECT: By: Date: This Ce ate ! not negotiable. The AMOUNT CERTIFIED is payabl- 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. 4 tAti// AIA Type Document Application and Certification for Payment Page2of2 TO (OWNER) :VILLAGE FINANCIAL LLC 770 3R0 AVENUE SW CARMEL, IN 46032 FROM (CONTRACTOR): Smock Fancier Corporation 2910 W. Minnesota Street Indianapolis, IN 46241 CONTRACT FOR: PROJECT: HANOVER SO FOUNT g CITY CTR. 770 3R0 AVENUE SW CARMEL, IN 46032 APPLICATION NO: 2 PERIOD TO:6f30/2011 VIA (ARCHITECT): ARCHITECT'S PROJECT NO: CONTRACT DATE: DISTRIBUTION TO OWNER ARCHITECT CONTRACTOR SCHEDULE PREVIOUS COMPLETED STORED COMPLETED REM DESCRIPTION VALUE APPLICATIONS THIS PERIOD MATERIAL STORED °fin BALANCE RETAINAGE 1 FOUNTAIN EQUIPMENT 181,785.00 90,892.50 72,714.00 0.00 163,606.60 90.00 18,178.50 16,360.65 2 PIP INGIPUMP 71,215.00 3,560.75 24,825.25 0.00 28,486.00 40.00 42,729.00 2,848.60 INSTALLATION/ELEC 3 GARAGE IMPROVEMENTS 23,500.00 0.00 3,526.00 0.00 3,525.00 15.00 19,975.00 352.50 4 PAVING AND SURFACE 55,000.00 0.00 0.00 0.00 0.00 0.00 55,000.00 0.00 EQUIPMENT REPORT TOTALS $331,500.00 $94,453.25 $101,164.25 $0.00 8195,617.50 59.01 $135,882.50 $19,561.75 SUBCONTRACTOR'S SWORN STATEMENT OF iNDEBTNESS & WAIVER OF LIEN STATE OF INDIANA COUNTY OF HAMILTON T.M. Fansler Being duly sworn upon his /her oath disposes and says that t He /she is CEO (inserting sole proprietor, partner or corporate office held, as the case mayby), to Smock Fansler Corporation hereafter called the "Subcontractor'. He /she is over the age of twenty one. He/she is authorized to make this affidavit on behalf of Subcontractor. 2. Subcontractor is the Fountain Subcontractor for the construction of the development known as Hanover Square Improvements located in Carmel (City) INDIANA (state), hereafter referred to as the "Development ", pursuant to the contract between the Subcontractor and Village Financial, LLC, the Owner. 3, This affidavit is made for the express purpose of inducing Village Financial, LLC, to make payment to Subcontractor of the invoice submitted herewith for labor and materials furnished pursuant to said Contractor_ Upon receipt of said payment the Subcontractor hereby waives any lien reights to which Subcontractor is entitled for labor or materials furnished for the development to the date hereof. 4. Subcontractor agrees that upon receipt of the payment amount described above, Subcontractor shall immediately execute in favor the Owner, the "Transfer of Title" document (attached as Exhibit A) for all labor and material furnished to the extent described above. 5. Listed below are all suppliers or other persons who either has furnished or might furnish the Subcontractor with materials, appliances, machinery, fixtures or furnishing placed upon or installed on the development. Mark (X) in the appropriate column for EACH supplier listed. Place an (X) in column: 1.) If a waiver of lien by supplier conditioned by payment of a specified amount is attached hereto. (In this case also show the amount owed the supplier). 2.) If a FULL (final) lien release has been signed and delivered to the General Contractor, 3.) If the initial delivery has not been made. Supplier List (Add list if necessary) Amount Owed Previously Paid Balance HD Supply Waterworks LTD $309.55 $0.00 $309.55 Jobsite Supply $35.00 $0.00 $35.00 Service Pipe & Supply $97.78 $97.78 $0.00 Utterback Supply $37.50 $0.00 $37.50 # 1 and 2 correspond to the same numbered choices on the waiver format. Village Financial, LLC is hereby authorized to make payment to each such unpaid creditor either directly or by check jointly payable to Subcontractor and such creditor, as Village Financial, LLC shall determine. 5. There are no bills, charges, costs or expenses for labor or material which could now or hereafter result in lien being filed against the Development or a claim being asserted against the General Contractor except the persons or business named in Paragraph 4 above. IN WITNESS WHERE OF, affiant has signed this document on behalf of the Subcontractor this 17th day of June , 2011. T.M. Fansler CEO State of INDIANA County of MORGAN Subscribed and sworn to before me, a Notary Public in and for said County and State, this 17th day of June . 2011. My Commission Expires: November 30, 2016 Melissa J. Bishop (Print Name) Attachment A TRANSFER OF TITLE Smock Fansler Corporation (Contractor) transfers to Village Financial, LLC any and all right, title and /or interest that Contractor has in any labor and/or materials described in (i) that Affidavit of Waiver of Lien executed by the Contractor on June 17th , 2011, and (ii) in the "Amount of this Request" section of that Affidavit executed by the Contractor on June 17th , 2011. "CONTRACTOR /" 4 f By: '. • / L Printed: T.M. Fansier Title: CEO