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Home My WebLink About97-04971 , ... , Contrad1l5231-0002 Ii" 't'1 '/'U/ ~LI) I.;", ~NTRAcrORS W AIVER OF LIENS AGJlEEt\lENT THIS AGREEMENT, m.de aDd concluded this 22nd,.dayof AU(llIst .19 9~ between rrnWTl Amoori r~n PDnp>rt i """ LP with 10 .ddrets of Johnstown. Penasyl\lmi. ("Owner/CoastrucOoD Aleat"), aad Vnlln~~t-nwn '1'1}p 1C. 'l'Arr;'I';'JO ("Contractor"). Whereas by . duly uecuted written purchase order (the "Purchase Order"). · copy of which is .tt.ched hereto as Exhibit" A" aDd the provisions of which are m.de . part hereof as if fully set forth herein, Owner/Construction Alent aDd Contr.ctor b.ve contr.cted for the erection. comtruction md completion of terrazzo remlrs (the "Improvemenu") 10 be erected on real estale described in Exhibit "8" .ttached (the Property); and Wbereas by the terms of the Purchase Ordu; Contr.ctor bas convenanted. promised U1d Ilreed th.t no mecbanics or m.terialmen's lien or claims would be filed or MUntained 'Iainst tbe Property or any part thereof eithu by himself or myone else for or on account of any work. l.bClr or m.terials supplied in the perlormaDce of the Purchase Order, or under aDY supplemental contr.ct or for enr. work. in the erection, construction or completion of the Impro\lemenU on the Property. NOW nus AGREEMENT WITNESSETH: I. The Contractor, for himself md myone else actinl or claiminl throulh or under him. for md in consider.tion oethe Purchase Order aDd the considerations mentioned tberein. and in orden to permit the OWller/Construction AIRt to procure the makiDl of one or more Illms on the Impro\lemenu aDd l!)e Property and intendinl to e Iqally bound hereby, does hereby waiver, release, relinquisb aDd quitclaim in f.vor of the Owner/Construction Alent aDd each aDd every leader on the Property md Impro\lemenu. all rilht to lien. claim or notice of intention to file my lien or daim. and doet hereby covenant, promise md qree th.t no lien or claim of my kind whauoever sball be filed or maintained 'Iainlt the Impro\lemeou or the estate or title of Owner/CoDJtruction Alent in the properity by or in the nlDle of contractor or aDY subcontractor. materialmen or laboren for work done or materials furnished undu the Purchue Order or by any other p.rty .ctinl throulb or under them or aay of them for and .bout the impro\lement of the Property or my part thereof, or on credit thereof. md that all subcontracton, materialmen, and laboren on the work sballlook to aDd bold Contr.ctor penonally liable for p.yment of all subcontracton, m.terials furnisbed aDd work aDd labor done, so that there shall not be aDY lecal or lawful claim of any kind wbatever ..ainst Owner/Construction Alent for my work done or labor or materials furnisbed punlWlt to the Purchase Order for IIIId aboue the erection, CODJUUcUon aDd completion oethe Improvemenu. or under any contract or chanle ordu for estra work. or for work supplemental thereto or otherwise. 1. This Alreemeot waiYinl the rilhe oflien shall be aD independent covenant aDd shall operate aDd be efl'ective u well with respect to work done and m.terials furnished WIder my supplemental contract or chanle order for utr. work in the erection. construction lad completion of die Improvemenu as to aDY work and labor done aDd mleerials furnisbed punuaat to the Purchue Order. &lid sball bind all successon and as.ipu of the CODtractor. The CODerlctor llreeI that it .... not lad, wiD not as.ip itl daim for plyment under the Purchue Order. CONTRACT PlJIKHASE ORDER NO. 5231-11002 ~ 1 b) Employee parking areas and contraClor staging/storage areas shall be designated/regulated by Crown American's field superintendent. Only construction vehicles and equipment actually engaged In performing work will be permitted beyond said designated areas. I c) You shall do all layout work required for the Installation of your work. You shall be responsible for the clean'up and removal from the lob site of all debris created by your work and personnel. Failure to comply with the clean-up requests/Instructions from Crown American's Construction Supervisor will result In the clean-up being done by others and the cost of same being backcharged to the contractor. 1 d) Submittals: Submit Immediately, but not later than the submltLlI due date(s) shown below, eight (8) copies each of all shop drawings, catalog cuts, material samples, ete. as may be required by the plans and specification relative to your scope of work to Crown American for review. Crown American will not be held responsible for any materials purchased, fabricated or Installed prior to approval of submittals for same. Furnish tWO (2) sepias where drawings are required. For sprinkler only furnish six (6) print sets with Factory Mutual stamp. Failure to provide adequate copies will result In a backcharge of SSO.OO for each photoCOpy or reproducible made by Crown American. All samples must have lob name and store name on area clearly Indicated with submittal date. Submittal Terrazzo Sample Due Date 7-21.97 No. of CODles 2 SmU2i Douglas L. Wess 2. COST BREAKDOWN: For Invoicing purposes, you shall use the following cost breakdown on A.I.A. fonn No. G703: llim 01 Cost Account 09400 DescrlDtlon Terrazzo Repairs ~ 0000 Anlount $41,000.00 3 CONTRACTOR'S OBLIGATIONS: 3a) SecuritY: SecuritY guard services will be furnished by Crown American; however, securitY cosu will be pro. rated to the Individual contractor based on monthly cost divided by the number of contraCtors during the securitY period. You shall receive, unload, and secure all materials required for your work, whether furnished by you or furnished by others. Accepled lhls 1 day of, 7 By f-w/-/I U- (conuaClor) 1997, By: Cr By '" oullas L. Was rolect Manager cmnRACT PURCHASE ORDER NO. 5231-0002 3 3b) Schedules: You shall properly man the project at all times so as to meet and malntJln the attJched construction schedule issued by Crown American and all subs\'quent Issues of same, or as directed by Crown American's Field Construction Supervisor and/or Project Manager. All costS for overtime, If required by your failure to meet said schedules, shall be borne by you at no expense to Crown American. Contractor agrees to commence performance of the contract work within five (5) days after notice from the Owner, and thereafter to prosecute the same continuously with due diligence so as not to cause any delays or Interference with tht' completion of the Project. If the Contractor does not complete the contract work upon notice as aforesaid, or if the said work Is not performed with due speed, the contractor agrees, upon seven (7) days' notice from the owner, to supply such equipment, materials, overtime work, workers and other devices and facilities as the owner shall direct so as to expedite the completion of the work. Such notice, once given, shall continue In effect until the work specified therein has been fully completed, even though the Contractor has acted under the notice but has failed to continue to do so uninterruptedly until complete performance thereof. Contranor shall work overtime, Saturdays and Sundays at the direction of owner without additional cost to owner If such overtime and Saturday and Sunday work Is necessary to cure delinquency in maintaining established completion schedules and such delinquency Is due to delays by Contractor. It is agreed that time Is of the essence of this contract and that Contractor shall progress and coordinate the contract work with all other work as directed by the owner so as to ensure the owner or to obtain the earliest possl"'e completion of the Project, even though the rate of progrels at the time any directions are given may be furtller advanced than that anticipated In any schedule previously furnished In connection with the performance of the whole work or any part thereof. Where the Contractor has knowledge, or, in the exercise of ordinary attention to Its operations, should have knowledge, of the necessitY for Its work or any part thereof to progress at any particular time so that ensuing operations by others wlli not be delayed or Interfered with, but falls to cause such progress, the Owner may, without any notice to Contractor, permit such operations by others to proceed even though the pt:rformance thereof wlli result In the contractor's being required to cut and patch and otherwise repair or restore the work of said ensuing operations by others In order to instJlI the part or parts of the contract work which the contractor failed to install in a timely manner, and the cost of all such cutting and patching, repairs or restoration shall be borne by Contractor. When the conditions set forth In the paragraph are present, the Owner shall be under no obligation to give the Contractor any of the notices elsewhere provided for in this contract, and the rights granted In this paragraph shall be in addition to all other rlllhts sranted In this contract. Accepted this ~aY of , ;; f ~~~~-- (conUactoF) 1997, By: By (( outbs L, W.ts rolKt MaIY,,, By CONTRACT pURCHASE ORDER NO. 5231-0002 4 NOTE: If delivery/erection is delayed for any reason, this contractor must notify Crown American's Project Manager and Construction Supervisor in writing of the duration of and the reason(s) for same, as well as the appropriate action you will take to meet schedules. 3c) Job Conferences: Regular weekly lob conference meetings will be conducted on site by Crown American's Project Manager and/or Construction Supervisor at Crown American's job trailer. All meetings are tentJtlvely scheduled for every IY~ at 1 0:00 a.m. throughout the duration of this project. You will be required to be properly represented at each and every meeting. Crown American's Construction Supervisor's name, address, and telephone number are liSted in the "Ship To" information on page 1 of this Purchase Order. 3d) Field Measurements: You are hereby held responsible to have visited and examined the building and site to satisfy yourself as to the conditions which would in any manner affect your work. You will be required to field verify all grade, levels, lines and dimensions as shown on the contract documents. You shall responsible to notify Crown American's Office and Construction Supervisor of any errors, providing sufficient lead- time for corrective aCtion to be taken (within 2 days of start of work). 3e) Provision of Ccnmuctlon Documents: As part of this contract, you will be provided with one ( I ) set of blue line prints of drawings and one ( I) photocopy of speclncations, addenda, and bulletins as per the drawing and specification lists attached hereto. It is your responsibilitY at your sole cOSt and expense to make any and all copies of the construction documents as required for your use as well as that of your suppliers, subcontractors, etc. For" .lS-bullt" drawings, Crown American will provide you with one ( I ) reproducible sepia set of drawings to be returned to Crown American with your as-built notations thereon. (See section Sa) herein). You must request these In writing from the project manager. 4 TEMPORARY SERVICES 4a) You shall provide your own sanitary, telephone, water, and temporary electrical facilities and other temporary utilities required for your work or workers. Temporary light and power for the construction of the new buildings will be provided by Crown American's electrical contractor. The cost of consumption of electrical power required for the on site Installation of work, excluding your field office(s)/traller(s), shall be billed to and paid by Crown American. Accept.d this ~JY of, ? By f~'r/JvL- (COnlTJctor) 1997, By: ('.1'1r A erlcan PropeRlft, L,P. 8Y~ OUlbs ,We" Prolect Mana,er CONTRACT "l1RCIIASE ORDER NO. 5231-0002 o 901) Invoicing: All applications for payments shall be prepared In triplicate on AlA G.702 and G.703 forms and shall be presemed to Crown American's Conmuctlon Supervisor and Prolen Manager on site for verlflcJtlon and signature prior [0 submlual. Submit momhly applications for paymem triplicate, properly verified, nOL1rlzed and accompanied by a nOtarized Affidavit and Release SL1temem from you and all subcontractors and suppliers that you have employed, [0 Crown American, Attention: Facilities Planning. All invoices must reference the Purchase Order Number and Item number to which It applies. No one Invoice shall reference two separate Purchase Orders and retalnage payments must be invoiced separate with Final Affidavit and Release. Applications for paymem must be reviewed by the contractor, Crown American's Construction Supervisor and Pro/en Manager by the 26th of each momh. The approved payment documents will be forwarded [0 Crown by the Prolect Manager. Checks for payment will be mailed a maximum of 45 days upon receipt. Those payment applications relected shall be rll!vlsed by the contraCtor and resubmitted by OVERNIGHT MAil [0 the Prolect Manager at the Crown American office, prior [0 the 30th of the month [0 Insure paymem within the cycle as outlined In the example below. Ten percem ( 10%) retalnage will be withheld pending completion of scope of work and Crown's approval of completed work. 9b) Retalnages: No reL1lnages will be released until such time that the following has been received by Crown American's Project Manager: I) All work has been completed and approved by Crown American and the Archltect(s) per plans and speCifications. 2) Your written guaramE'e pursuant [0 paragraph II hereof, notarized and witnessed, has been received along with your final Waiver of liens properly executed and notarized. 3) As.Bullt drawings have been received and the Archltect(s) per plans and specifications. 4) You have billed separately for the retalnage. 5) Equlpmem guarantees/warranties, 6) Final vendor list and statement of payments status of each vendor. 7) Approval of final punch list. You may Invoice for any retalnages withheld thirtY (30) days after satisfaCtOry completion of your scope of work. Certificates are payable as delineated In the aforementioned Invoicing paragraph. , , Accepted this -f;~y of , 1 By Hue/~//~ (contr~c[O') 1997, By: By CONTRACT l'lJRCtlASE: ORI)ER NO. 5231-0002 7 9c) Waiver of Liens, Subordination of Liens or Right 10 Lien: Contractor mus:: (I) execute and have notarized and submit a Partial Waiver of Liens form with each Invoice In an amount equal to the total amount Invoiced by Contractor to such date, payment of such Invoice Is contingent upon submission of the walwr, and (2) Contractor must also submit a Final Waiver of Liens upon completion of all work, and acceptance by Owner, as a condltllln to release of any retalnage due to Contractor. In any event and under all circumstances, Contractor hereby agrees that any lien or claim which may now or hereafter have against the propertY upon which the Improvements are to be made, for materials or services expended or used upon the same, In subordinate to the Interest of Lender under any Mortgage, Deed of Trust, or Security Deed that now exists, or may hereafter be placed upon the propertY or any part thereof and to all advances made or to be made thereunder and to the Interescliens which Contractor may have otherwise had for past, present, or future materials or services placed In or upon or performed upon said propertY. The provisions of this paragraph shall be self-operative and no further Instrument or document shall be necessary unless required by any Lender under any such Mortgage, Deed of Trust, or Security Deed. Should any such Lender desire confirmation of such Subordination of Lien, rights, Contractor upon written request, and from lime to time, will execute and deliver without Charge and In form satisfactory to such Lender alllnmuments and/or documents that may be requested to aCknowledge such Subordination. 9d) Extras/Credits: (No extras shall exceed 10% Profit and Overhead Total). You shall upon receipt of any revised plans from Crown American, Immediately review same with respect to the physical and monetary effects of same upon your scope of work, and shall, within seven (7) days subsequent to the date of Crown American's transmittal of said revised plans, report In writing to Crown American the monetary change to the contract for Crown's approval. Said written notice shall contain a description In sufficient detail and breakdown of the Change to your scope of work so that Crown may be able to review. No work In conjunction with the revised plans shall commence until the scope and monetary Change has been reviewed and you have received Crown's written approval to proceed. Documentation must be Itemized Adjustments In the concract amount or contract time, if any, resulting from such changes shall be set forth in a Purchase Order Change Order issued by Crown American. If Crown American does not receive said written notice within the ten days, It will be deemed that you have agreed to perform all revisions In work, and further that the contract amount as adjusted by monetary change, If any, determined by Crown will be deemed to be full compensation to you for performance of the full contract. You cannot Invoice for any extras prior to receiving and executing a Change Order for same from Crown American. ACCfPlfd this ~ay of ,7 By /.JLd/(/....4 ~~~) 1997, By: By CONTRACT Pl1RCHASE OR[)ER NO. ~2JI.0002 8 NO FIELD CHANGES SHALL BE PERFORMED, EXCEPT BY WRITTEN AUTHORIZATION FROM CROWN AMERICAN, Any work required and authorized will carry a maximum total contractor's overhead and profit of 10%. No reimbursement will be due the Contractor because of changes to construction required due to errors and/or omissions or negligent acts of the Contractor, the Contractor's agents, employees, or subcomractors or materials suppliers. ge) Liquidated Damages: Your failure to deliver shop drawings, catalog cuts, material samples, etc. as scheduled with the Prolen Manager or within twenty (20) days If not specified In this Purchase Order will result In a late day penaltY of $1 OO.OO/day and will be calculated upon the number of days the material arrives late beyond that date shown on the construction schedule. F allure on your part to properly perfoml your scope of work pursuant to the construction schedule shall result In a penalty of seven hundred fifty dollars ($7s0.00)/day liquidated damages for each day that construction progress Is retarded as a direct result of your failure to execute your work. The above penalties will not apply to causes beyond your control such as, but not limited to, Acts of God, Information withheld by the Owner, Construction Agent, or Enllineer. 10 INSURANCE lOa) Contractor's Insurance must meet Crown American's minimum requirements: ! Comprehensive General Liability, Including coverages for Contractual LiabilitY, and Products. Completed Operations, and Explosion, Collapse, and Underground with at least two (2) Million ($2,000,000) combined single limit per occurrence. If contractor's liabilitY Insurance policy Is on the new 1986 ISO Form, then It must: (A) Have the Owner's and Contractors Protective form. (8) For blasting contractors; have blasting operation not excluded from coverages. II Automobile Liability, with at least nve hundred thousand ($500,000) combined single limit per occurrence. III Crown American Is to be an "additional Insured" In regards to I and II above and so named on certificates of Insurance. NOTE: the certlltcate of Insurance should list the Crown entity as shown of the signature line below. IV Workers' Compensation for all states In which contractor shall be performing for Crown American and shall be subscriber to and In good )tanding with the respective State's Worker Compensation Fund. Accepted this J. d~y of, 7 By h~~~V (conll'~clOr) 1997, By: Cr By i I I CONTRACT Pl1RCUASE ORDER NO. ~2JI-O()Ol lOb) A valid Certlncalt~ of Insurance muS[ be provided Immediately to Crown American prior to any performance under this Purchase Order, but no later than ten ( 10) days from the date of this Purchase Order. It shall: Certify all coverages required In Paragraph lOa above have been met. II Prolllde that Crown American shall receive wrlllen notice at least thirty (30) days In advance of any cancellation or material alteration of the policy. II BONDS: II a) Provide 100% Performance and Payment bonds and one ( I) year maintenance guarantee wlrl1 surety. COSt to be separate In par Jgrarh 2. Billing, for possible deduct by Crown American. 12 GUARANTEES: 12a) You shall be responsible for a one ( I) year minimum guarantee and In some cases, a longer period as required by the speclncatlons. No retalnages withheld will be released until such time that your written guarantee and equipment warranties are sent . twO (2) copies each to the Project Manager. and accepted by Crown American. The stJrt date of the guarantee period shall be not sooner than the publicized opening date by the Owner of this prolect and must appear In this document, as must the date of expiration of your guarantee. Equipment guarantees/warranties must have the model, serial, and unit numbers shown for Idemlncatlon, along with the project name. 13 SAFETY: 13a) You are to appoint a fob site "Safecy Man". His name Is to be given to Crown American's Construction Supervisor for record prior to Start of contract work. You are responsible for Initiating and malntJlnlng your own Safety Programs. Be aWJre that although you are contracted by Crown American to perform certain work, you are stili responsible for malntJlnlng a Safety Program that agrees with OSHA Regulations. You will be responSible for any nnes levied against you for noncompliance, and also will be responsible for any lost construction time due to your own negligence In this matter and shall hold Crown American harmless as provided for In Paragraph 14 below. You are to provide all needed safecy items as required for your phase of work. This includes but Is not limited to all safetY barricades, dally Clean-up of debris and removal of same and providing other pedestrian restriction devices needed to avoid accident or infury. Any damages or injury caused by your work will be your liabilitY. 1997, By: Cr~mer an Properties, L.P. By It . o Ullas L. Well roteer Manaler By 9 PLAN LIST CAPITAL CITY MALL RENOVATION CAMP HILL, PA Drawlna ~ Orawlna TI~!e Drawlna Oat! .Revlse~ T Title Sheet 6/3/97 0-1 Demolition Floor Plans 6/3/97 A-1 Floor Plan Area "A" 6/3/97 A-2 Floor Plan Area "B" 6/3/97 A.3 Reflected Ceiling Plan Area "A" 6/3/97 A-4 Reflected Ceiling Plan Area "B" 6/3/97 H-1 HVAC Plan Area I.A" 6/3/97 H-2 HVAC Plan Area "B" 6/3/97 E.1 Lighting Plan Area "A" 6/3/97 E.2 Lighting Plan Area "B" 6/3/97 E.3 Power Plan Area "A" 6/3/97 E-4 Power Plan Area "B" 6/3/97 Complete set of project speclflcatlons .. pr.~ared by David L. Hoffman, FAIA and Dynamic De.lgn. 6/25/97 Page 1 MRENOPLST.lCIa I i I I I I ~ I~i I i J ~I<> ~~ ~ <> ft<><><> J II . 8 I J I R ~ ~ ~ i c , .. '... Pi Pi Pi Pi Pi ... 'pi ill .. :: ~ - .. - - - B ~ ~ ~ :ll ~ :ll Pi ~ Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi : ~ c ~ ~ ~ ~ ~ c ~ ~ ~ ~ ~ ~ :ll I ! ! I I ! I III ! I a Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi Pi ! i if i ~ ~ i I~ ~ ~ ~ f i ~ f r ~ ~ ~ ~ r k I ' , !! ,~ i~ ,j I~ ~ I~ ~ ~ ~ ~ ~ , ~ I~ I~ , ! , .A ~ a..; I ,I I 'I i I "' I ri.I~1 !~~j! I ~k I i ~III f~11 fUniil!;i!h UI~i,uj ,U!h;~!i ~ i , j ~i5"~5 ~3 ~ ~~; ~ ~ ~ WI ~ ~ ~!l' ~ 8 ~ en u: J: W IX';;S 1m C ).. I I I , , I Q_ H .. . . . .. . . . : ~ ~ ~ , . ~ . , . ~ l o z W a ~ l! o W a i ! <3 c ffi ~ !II ~ \!! 0<) 1 i - I ; ~ I i I .. .. ! J I ~ ~ o </... "'pI ~ III ... ~ ~ pi h-1t .- J ~ I ~ ......."..."...........................................".............. 0<) ! I & I ~ ~ ~ , ! J ~ I J S; '... ,... I.... S; I... S; pi pi 'pi IpI 18 ~ 2 2 !:! ~ ~ 8 8 8 8 8 8 PiPiPPiP;P;Pi I~ ~ ~ ~ t! ~ ~ ! ,8 'll 8 8 8 J~ i~ I~ I~ i~ I~ I.! .~ "1 ~ '~;~... 'I' 'I. .., ii I i i ii i ~ 'I J ~ Ig 'I l'~ · · i ,i .1 ii ... ! J J i ~ o i~ J~ Ill:l :: lS 1Il . S; III ... , I ! u w ... I ~ \!o fa ~ ~ o '!! ~ III ~. CONTRACTOR'S ACKNOWLEDGMENT AND CONSENT AND ASSIGNMENT OF SUBCONTRACTS \J.u....-.1'-b...s.. T:'.~ ..,.. r....,y..L...... (a -r1A~' ("Conlraclor"). for valuable colllideralioll. receipl of~ch is herebyaclcnowledsed, inlendill8 10 be lepJly bound. and 10 bind iu Rlccessors and usips. hereby: adaIowledSes 10 New York Uf.lnlurance Complny, a N_ York nwruallife insunnce company" ilS Rlccesson and &SIians ("Leader"). rapl of notice of I cenain AssIpllllenl ofProjecr Documenu from Crown American Propertl.. L.P., I Delaware limiled panncrship ("Bomnr.....) 10 Lender, which pertllns 10 Ihat ccnain I'.....w....r ~O. ~.'i).ll. 000")" . eIaled "'&"'''', ~ COnlrlClOr and Borrower ("Conlracl"); approves such Assipunall; represenu 10 Lender WI II has no knowlecls, of any prior usipmllll or Ihe ContRCI by Borrower; qrea 10 sive Lender wrillcn norice Illhe addreu indicaled In lhe Auianmcnl of any de&ull by Borrower under lIIe Conlract sinwluneowly with COn1r1Clo1'1 sivins of nolice of de&ulllo Borrower; qrecs 10 give Lender. eI Lendcr'llOle option. die riaM 10 cure any and all defauJlI by Borrower under lIIe Comract; represenlslo Lender Ihat !he ConlrlCl il unmodified and in filII force and effect; aarea wilh Lender 10 pay and diacharp all liens or claims for labor and n\IIeriall filmlshed in . conllCClion wilh Ihe Conll'lCt; qrees wlIh J..ender 10 lWIy complae all work in accordance willi the IcrmI ot: IIId on or before die complClion dale apecilied in Ibe Comnct, subject 10 any pumined dellYS U set fonh in lhe Comn.cI and providecllllal Co_or is paid for RIch work in ICCOnIu1c:e willi tho lerms oflhe CoIIIrKt; representl UIlI wamnu 10 LuIder Ihat Conll'lCtor bu III neceuuy p.mils, IiClllllel &ad IIIthority under all ataIe IIId local laws, onIinanca and regulllions 10 perform all ofiu oblipliolll under Ihe CollUlCt; qrees wiIh Lender that Lender shall hive no liabilil)llo ContraClor either under lhe COmracl. Ihe foregoinS Assignmenr, or olherwise ror anyld or omiuion oc:currinS prior 10 such rime (If any) u lAnder elects. and 10 norifies ConlraClor in wmina, 10 usume Ibe fIIwre obliplions of Borrower under die ConlraCII; and agrees lllal all orlhe ria/tta and remedial ofLcnder hereunder shall inure 10 Ihe bene/II of ' Lender's Rll:CeIIOn and &Slip. ('onlrlClOr hereby collaleran~. assiJPIS. Irlnsfers and conveys unlo Lender. ilS :'"Ccc>Mlr~ and assillns. all the "JlhlS. inl~eslS and privileges orConlrae.or in and '0 each and C\ en ,,,l>conlrnCIII(\\\ or herealler enlcred inlo b~' ('on.raclor wilh respec:IIO Ihe Prope"y or lhe Conlracl ('Onlraclor co"nanlS and allrccs Ihll il has nOI and will not e~ecute or make any assignmenl of ils rillhls under such subconlraelS 10 anyone olher lhan Lender. The foreaoins assignmenl is mid. 10 secure Con.raClol's obligalions 10 Lender under Ihis Conlrae.ol's .~cknowled!lmenl and ('onsent and AssiJPIment ofSubcontrlCls. includinll wilhoullimilllion. ('onlrlClol's obligllion 10 complele Ihe wort.: described in Ihe Conlrlc, in IlriCI accordance wilh Ihe ICmlS of such Conlracl. for .he benefil of Lender upon Ihe requesl of Lender Lender shan nOI be oblip.ed 10 perform or dlscharJe Iny obliplion ofeonn.Clor in COMection wilh any of such subconlraCII Ullleu. until and 10 rhe exlenl 1111I Lender. followins. de&ull by Connlelor hereunder or under lhe COnlflCl, mcpressly usumes in wrilinS any RIch subconlraCl. IN WITNESS WHEIlfOF. ConlraClor has caused'M illSll\lmenl 10 be duly execuu:d and sealed Ihis .:r...L 6 . a11. I (Seal) WiIness/AlleSl: .,2_~ Name: ~........ J'. St,;o.Icla.-.A Till, Boo,.,e,- YO~"""~- T,'" t- Terta.l-" c.. By: ~ltI4/~ Name:?-.A E. ",,-,- Tille: Pr4';cf,...s 'i o"",,,,,,\.fb,,,,,, T :1.. f- r...r...'I"~o c.. . ;"" ." . .' ~Lt CERTIFICATE OF LIABILITY INSURANCE ......~ 7/ 8/1QQ'7 ~~ Gluck In.urance THII CI..nPICAn " .IIUIO A' AllAm.. 01' IN'OIlIlATlOH Agency ONLY AND CON,.... NO IIIGHTI UPON THI CI..nI'lCA'II HOLDIII. THII ClllnPlCAn DOl. NOT AIIINO, IllTIND 011 4709 Market Street ALnll THI COVIIIAQI A"OllOIO 'Y THI POUC'II 'ILOW. loung.town, OH 44512 CCII~A~I. A"OllDlNg CliVI.,!,,!!. .... .._. "_'_'_ (330) 788-6577 COMP~V A CINCINNATI INSURANCE COMPANY f::.-"'-~' .._-...... .- . .. ., -- n_.._ -- .- . . -~ --. _ "... -... -."--- ........ CC1*~y YO TILE & TERRAZZO COMPANY INC . I"c~'~; .--.-.--. ....--- 7320 AltRON-CANFIELD ROAD I...c._ -..-._---. - . -'-'.- _ h__ ---- ..- -_._- CANFIBLD OH 44406 ) C~NiY , COVIIlAIIQ . I><IS IS TO CERTlFY THAT THE POliCIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1><1 POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMI.NT, TERM OR CONDITION OF AN' CONTRACT OR Ol><ER DOCUMENT WITH RESPECT 10 WHICH THIS CERllFICATE MAY BE ISSUED OR MAY PERTAIN. I><E INSURANCE AFFORDED BY I><E POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AN9 CONDITIONS OF S~DlICIr.S~ITS SH~~_~~.!!EDUCEI)..B{-~.AJ.Q ClAJML. '- -------~ .. _n__.__ _____.~._.____ co POUCy DftC'rIVI POLICY DFIUonotll .... 10m "" 011 IilIUftANCI POUCY NU'" DAti MWDm') DATI c...-oam, A ~....."., cpp Iln 30 37 AWII 11/03/96 11/03/99 oeNElW. AOGREQATE ~1IQll""" ___m__ ..+.____~_,____.__ I X CClOMRC... IlENEIW. LlASllTY PA~_~1'!.:_c~~_~_ t-'Saa.aaIL___._ I CLANS MAllE Ci] OCCUR ~"""'-"~'~--f= -'-- C'MER'S I COHIRACTOR'S PROT EACH.!'CCtJRRE."c:e._._ I~____ - - --. ... FIRE ~~~_one "'.)_ I "0 lXP (Any or. pe,.",) I A ~ llU&JTY CPP S53 30 31 AWII 11/03/96 11/03/99 COMBINED BINDLE LINIT '500,000 - ~YAUTO .------ ----- ~ AU eJ'hMO AUTOS BOOl V IfUJR'Y ~'PI,.",) . SCHEl)ULfO AUTOS ----_.~- -- li HHO AUTOS BOOlY IH..lIRV (PIIKCIMnI) , NClN-OYttI:O AU10S _. . .- r- PllOI'<RTY Q........ , r!-...... ....."., AUTO ON.. V . lA ACCIOEHT , ----~_._---- r- lIlY NJTO OTHER ntAN AUTO ON.. y --. - _. lACH ACCI~_ . , ,- AOOREf1ATE . .... UAI&IrI cce 440 114 71 11/03/96 11/03/99 EACH o.:ctJf*IDa I A 4~'- -.." . --- OTHER nw. I.IMBFEUA FOAM ~ . WOt'UlIRI COWDUTION AND -. -........ UAI&m _Fl~ Fit EACH ACCIDENT __ .!... THIl PROPRIITOI\I El. D~:.- PO.I~~__~~T__ .~--- PNmER!I.O(CtlTM .- OF11C1RS .... EXCl El DiSEASe. U EMPLO'rU I ..... -- ,. ---.__......IAL .... INSURBD CROWN AMKRICAN PROPBRTIES L.P. LISTBD AS ADDITIONAL A.T.I.M.A. JOB, CAPITAL CITY MALL, CAMP HILL, PA CI~ HOUIIII CWlCILLA1ION , , IHOULD AN'I 011 THI AIOVI DllCIUIID IJOUC.. H GANCIUID .... 1M "ROWN AMBRICAN PROPBRTIES L.P. IIPIMTIDN DAft It:IMOfI, 'THI "'Q COWAlrl WI.&. DClAVOII ft) .... -12- DA" WIUnD IIIOT1CI ft) lM. CIJnWIICA.,. MO\.OIMI ...-- TO ,.. ....,. PASQUJ:RILLA PLAZA IUT PAW'" 10 ...... IUCH Nanel IHAU. M'OII NO 0IUU1IDJI 011I UIMJI'Y JOHNSTOWN PA 15907-0879 ,. ... IIID ..- '"" Co.A,", '"' ....... GIO ....- "',A,.. .... I ~Q.::O;;7 JJu- \,J)'c<. ,~, \ eAOClllD 1,......'1 ~' :' . . , , .<' < EXIIIBIT "!.:. LEGAL DESCRIPTION CAPITAL CITY MALL . ALL THAT CIlRTAlN Uacl or pmcl o( WId slluaJe in the Township o( Lower Allen, County o( Cumbcll."d. Commonwr;ahh o( ronn.ylyan... mon: p31'llculOllly .boun~e4 and dC1crillc4 u (ollows 10 wll: <' DI!OlNNfNu al a polnl on Ihe Nonhem Riehl.O(.Way IIn. o( Uamdal. Driye allh. le,minu. o( a 23 (001 1Id1.. connecune the Northern Unc o( H",udale Dnye wilh lIle W.....m line o( Capiw Msll Drive; lIl.nc. slone the Nonhern Riehl.O(.Way line o( HSlUdale Drive, Soulh $3 dee""s 12 mlnulcs 22 s<<on~s WCSI, a ~isWlc. o( 2029.13 (eel 10 a polnl; lh<n= alone . curve, curvine 10 Ihe riChl l\.1yin~ . (/IOI~ bc=rine, Nonh 8J dee'teS 20 mlnu... ,g .ceonds WO:SI, . distan<:~ o( 61.8~ (cd, . DIllu. o( .'.00 and an an: Icnelh o( 68.2. (e.llo · poinl on Ih. ~Icrn Rlehl.Q(.Way Unc o( ZlmmUJlW\ Driyc; IIIcncc alone 1lI. 'Zlmmerman Driye RJehl.O(.Way line, North 39 dec"",,'4 minulcs IS so:x>nd. W..... a dl.W1cc o( 889.62 (eel 10 . point on lh4 Soulhcm Rlehl.O(.Way line o( new U.s. Roule 1S;.lllence in a Nonhea.llelly dira;don alone sold Rlehl.O(.Way lIle (ollowine counes and disunca, Nonh~' dee'= 16 minulcs :rz scconds ~I, a di.tancc o(:rz I.JO (Cd 10 . poinl; thence slone. curve. curvlne 10 lIle len hayine . (/lord bcorine North .2 deerees 09 minuLOS ~9 KConds Easl. a dhUAce o( 399.06 (0:1. a noliUJ o( 3618.80 (0.1 wI an llIC lonelll o( 399.26 (Cl:IIO . poinl; Ih,:nce Soulh '0 decrees '6 minu,es << so;onds 1!ssI, . di.t= o( 30.00 (""110 a poinl; lhence alone I curve. curvine 10 1M IcI\ havine a (/lord bc::atine, North 31 dqrccs 04 minules' 31 s<<onds E:asl. I dhr.anc: 0(2.56.11 (Cd. . noliu. 0(3108.S0 (0:1 and an arc lenelll 0(2.56.22 (""I 10 I poinl; thcllU Soulll '4 dqrees '4 mlnu.... I. St:COnds Eo1I, . diSlSllCC o( 20.00 (""I 10 a polnl; thence slone a CIUYC, cuMne 10 lIle loll havlnC a chord bc1rine. North 32 deerees " minu'cs 09 seconds EsJl, . distance o( 283.29 (Cd, a radius o( 3128.80 (Cd and.. arc lenc'h o( 283.36 (ecI 10 a poinl; lbCllCC Souoll '9 dqn:cs I' minu... 2& ICCOlIds East. a distanc:c o( 18.00 (celIO a poinl; lhcnCI: NOM 31 dqrees o.s mlnUICS J.4 SCCOllds EaII. a disWICC 0(39$.21 (C:I 10 I poinl; thence slone. curve. CUMnclo oIIe riehl. l\.1yine a chon;! bcsrine. NOM 32 d.er.... '9 minuleS 36 seconds EaII. adl....... 0(23.26 (eet, a ndlus 0(3$0.7. (Cd and an arc '..eth o( 23.27 (... 10 a poinl; IIIcncc North" dqrees 06 mlnULeS :rz SClOOll4a Wr:sJ. I dbWlC4 o( 20.00 (",...u pain<; Ihcnce slone a curve, aarvinc10 the riehl havinCa chon;! bc:arine. Nonh 47 d.crees'3 minuLeS 38 seal"" Eul, a diSWICC o( 166.79 (..... ndlus 0070.74 (eet and In an: lenelh o( 168.23 (celIO a poinr; thence NOM 29 dqlCCS 06 minules 23 sca>nds WCSI, a distanc:c o( 36.00 (Cd 10 . poinr; lbcncc alone. curve, curvine 10 1M riche haylne I chord bcatine. . North 61 dqrees ,. minuld 27 so:onds Eul, a dlJQllCC o( U.J.4 (cel. a radius o( ~06. 7~ (..I SlId an an: I..elll o( 13.34 (celIO I polar; thence North 63 decrees 14 minuleS " KConds East, a dbWlC:C o( 8$.'. (Cd 10 a poinl; thence alonc a curve, CllrvinCIO 1ll.'e(1 hayine a chord bearina. North 60 dqn:cs 13 mlnu.... , IICCOlIds Eaal. a dlJQllCC o( ~O.l' (ecI. . radius o( 386.44 Slid an Ill: leneoll o( 40.27 (cellO a poinl: \henCe IcavinClbc Southcm RI&~I.O('WlY line o( new U.S. Reule 13 and (ollawlne 1M WCSWD IUchl..()(.Way line o( Capiw Mall Driyc the (ollowinc counes and distanaS. alone a curve. curvlnclO lbc ricM l\.1yina a chord bc::atine. Soulll 6$ decrees 44 mlnul" .1 so:onds I!asl, a disWlce o( .79.09 (ecI, a ndius o( 427.33 (eet and an an: IcnCIll o( '08.57 (celIO a poinl; thcnCC Soulll31 dqn:cs 38 mlnurea 37 ....,.ds Easl. I diltanc:c o( .09.07 (eetlO a poinl; llI<nce North" dqRCS 21 minures 23 second' Easl. · dllWlce o( ..00 (Cd 10 a poinl; lIIcna: on a curve, curvlnc "' lhe WI ....inC a chord bestinC. Soulll.2 decrees'. mlnuld 22 seconds E.ul, a dllWlCC o( 17..,1 (e>:!, I radius o( <<'.1. (eef ."d 1/1 arc Icneoll o( 17$.63 (celIO a polnl; It ~ce Soulll So4 decrees 04 minurea U7 sa:ond. E:asl, a di.tance of 106.04 (ecI 10 a poInl; llIcncC on . curve, curvine 10 lbc riehl l\.1yln. a chon;! bcatine. Soulll 41 deerees 29 minuleS ~2 scc:onds E:asr.. a diswIcc O( 109.7$ (eet, a 'l"lu. o( '64.96 (ea IlId 1/1 an: Icnelll o( 109.92 (OC( 10 a poinl: lbCllQl SoulII42 dqReI" minuLOS 16 1CJ:OIId. Easl. a diltance o( 76.3:1 (ea 10 a poinl; 1bcnC:C Soulll 36 dqrees ~1 miaUld JlI<COftd. Eul. a dbW1C4 o( 337.~6 (Cd 10 a poinl; Illcncc slone a curve. curvine 10 the rie~IIlaYine a chom bc::atinC. Soulll OS dee'ccs 12 minuld 22 seconds WcU. a di.tancc o( 32.$3 (<<I,' 'ndiua o( 23.00 ("'I SlId an arc leneoll o( 36.13 (cella a poial. Slid poinl belne lbc poinl o( beeinnina. COr-rrAINlNCl S4. UH ..re.. , ',. . , , , " ,I " I, " ,,' " " " .' " . P i~' -, " "l r :\ 'i J " I :~I .,1 .~. I , . " r) " 'I '. ,'TJ , I ,-,j , I II" 1