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HomeMy WebLinkAbout07-613507- (~t35 NtL,D ,,~. ~, WAIVER OF LIENS (sub-Contractors} WAIVER OF LIENS (Sub-Contractors} 1. Affiant holds the position of ~/+~ce. I~~~cipe~•t" of .j l o. 3+ sr '~ , a subcontractor or material (herein called "Contractor" for purposes of convenience) and is authorized to give this Waiver of Liens of behalf of said entity. 2. This Waiver of Liens is given to Capital City Mall, and their agents (individually and collectively herein the "Owner"), for the benefit of Owner and Owner's lenders and their respective title companies (herein sometimes called "Beneficiaries"), with the understanding that they rely of this Waiver of Liens. 3. Contractor has contracted with ~ , ("Company") for certain services, materials, supplies, machinery, fixtures and 1 or for the alteration, improvement of a portion of certain real property (the" Premises") more fully described in Exhibit "A" annexed hereto and incorporated herein by reference, being known as Capital City Mall, 3506 Capital Clty Mall Drive, Camp Hill, PA 17011 (herein sometimes called the "Shopping Center"). 4. Contractor has not entered into any other contract, written or oral, with Owner or any agent or Contractor of Owner other than the Company for the Improvements of the Premises. Contractor agrees that neither it nor any subcontractor or material man or any other person acting directly or indirectly through or under Contractor shall file any lien or assert any right against the Owner and 1 or the Premises or any portion thereof including Owner's interest therein, and, further Contractor for itself and each of them hereby waives any liens or assertion of any lien right which it has or may have against Owner and the Premises under the Mechanic's Lien Law of the State of New Jersey, or at common law which may arise or which could be perfected or created by reason of any services, materials, supplies machinery and / or fixtures furnished by the Contractor in connection with work in the Premises. This Waiver of Liens shall be independent covenant and shall also operate and be effective with respect to work done and materials furnished under any supplemental contract or arrangement for extra work in the erection, construction, completion, or other work to or for any building, buildings or improvements of the Premises or any portion thereof. S. Prior to permitting any subcontractor to perform services or furnish material or do any other work, Contractor will obtain and deliver to Owner an executed Waiver of Liens, from each subcontractor of Contractor and shall stipulate in each purchase order or like document that there shall be no lien by material man. 6. Contractor agrees to defend, hold harmless and otherwise indemnify each Owner, its lenders and their respective title companies from any and all claims, actions, demands, cost and expenses whatsoever including premiums on bonds and reasonable attorney's fees at trail, on appeal and otherwise arising out of or relating to any breach of this Waiver of Liens. '~'' *-. WAIVER OF LIENS (Sub-Contractors) continued 7. This waiver of Liens shall be binding upon Contractor, its heirs, successors an assigns thereof, and shall inure to the benefit of each Owner, each of the other Beneficiaries and their respective successors, heirs and assigns and grantees. 8. For the purpose of effecting the Waiver of Liens contained herein, such Waiver of Liens shall be deemed a part of the Contractor's contract as described in Paragraph 3 hereof. 9. In the event of any lien, despite this Waiver of Liens, contractor hereby irrevocably waives any right to a jury trial in any action to strike or dischazge the lien. 10. In the event of any lien, despite this Waiver of Liens, any one of the beneficiaries or the representatives of any one of the Beneficiaries shall have the right to discharge the lien by appropriate legal proceedings and shall have the right to be completely reimbursed and otherwise indemnified by Contractor against expenses and losses resulting from such lien. Such expenses and losses shall include any attorney's fees, surety bond premiums and security Fond, and other costs incurred in attempting to dischazge or remove such lien and any damages or their losses resulting from such lien, all of which contractor agrees to pay. 11. Contractor hereby warrants and represents that at the time of execution hereof, it shall be conclusively presumed that no work, labor or other services of any kind have been done and not materials or supplies of any kind have been furnished for or in connection with work in and /or on the Premised by, through or under the Contractor. IN S1T~ F, the undersigned has her to set its hand and seal as of ~ , TH OF PENNSYLVANIA If Contractor is a Corporations: (CORPORATE SEAL) if Contractor is an individual or Partnership No;a~sa! Seal Mary E. Richa~cise,n, !Votary Public Jackson Tvu~., Yr~{~ My Commission Ex~~ores ~~ pt. 23, 201 Member, Pennsylvania Ass~c;~~tio„ Of Na y~ -~4`-. Title: 1e Attest: . 1 By: ~o D e r~ L.. 1~ ov e f Signed, Sealed & Delivered ' j'" ,,, WAIVER OF LIENS SUB-CONTRACTORS tcnntin.~~~ -------, STATE OF • SS. COUNTY OF BE I'T RE11~ B THAT o the / Day of Who is rsonall ppeare be f me Acknowledged that he executed and ~,,~r is au o ' desue(s) the same to be recorded. n the anne Waiver of Lines and Sworn to and subscribed before me this~_ day of NOTARY PUBLIC MY Co 'ssion Fires; ~,~rd'C~CJC) C'~ ^~ e= ~' _, ~..~ ~.. ~ c ...., rr7~ ~ -o ~ - ~~ -. . ~ ._ _-~ ~.~ -~. _~_, ''-' - "" r t1 ~~ i r_'_ a .lI ~/- ~ -< ,Oct 19 07 12:59p Calabrese Good Architects 717-656-9695 "~ PROJECT: SALADWORKS DATE: SEPTEMBER 7, 2007 RE: CONSTROCTION ESTIMATE DIVISION 1 -GENERAL CALA6RESE 01302 Permit Fees ~oOD 01304 Project Supervision 01501 Temporary Barricades ARCHITECTS 01508 Gonstruction Dumpster 01513 General Material INC. 01514 General Labor 01515 Final Cleaning ~ ~ ~ 01530 Demolition/Removal of Equipment JOHN J, CALABRESE DIVISION TOTAL CEO REGISTERED DIVISION 2 - SITEWORK ARCHITECT (NO WORK) KEITH D. GOOD AIVISION 3 -CONCRETE PRESIDENT (NO WORK) MICHELE K. 50LT VICE PRESIDENT DIVISION 4 -MASONRY (NO WORK} ~ ® . A M E R I G A N DIVISION 5-METALS INSTITUTE O F 05000 New WaII Framing ARCH 1 T E C T S DNISION s -WOODS & PLASTICS NATIONAL (NO WORK} GOUNCIL OF ARCHITECTURAL DIVISION 7 - THERMAUMOiSTURE PROTECTION REGISTRATION (NO WORK) S O k R D S N A T I O N A L DIVISION 8- DOORSNVINDOWS COUNCIL F 0 R 08300 Special Door$ I N T E R I O R o E s l G N DIVISION 9-FINISHES QUALIFICATION 09250 Gypsum Wallboard Allowance 09300 FRP Supply & Install for Service Area ® 0 ® 09350 Ceramic Tile Patching Allowance ARCHITFC7UR~ 09500 Acoustical Ceiling 09900 Painting Allowance INTERIOR DESIGN 04910 FRP New and Patching Allowance LAND PLANNING CONSTRUCTION DNISION 10 -SPECIALTIES MANAGEMENT 10520 Fire Extinguishers 6Z ® ® DNISION 11 -EQUIPMENT (NO WORK} ~ 34 W. MAIN ST. LEOLA, PA 17540 DIVI510N 12 -FURNISHINGS 7i 7-656-4183. (NO WORK} fAX: 717-656-9695 DIVISION13-SPECIALCONSTRUCTION cgarchitectsacs.com ww~v.calabrese (NO WORK} goodarchitects.com p.2 •Ort 19 07 01:OOp Calabrese Good Architects 717-656-9695 Saladworks September 7, 2007 Page 2 DIVISION 14 -CONVEYING SYSTEMS (NO WORK} DIVISION 15 -MECHANICAL 15300 Hood Installation 15400 Plumbing DIVISION 16 -ELECTRICAL 16200 Power Generation 16500 Light Fixtures Allowance SUBTOTAL 10% CONSTRUCTION MANAGEMENT I'EE CONTINGENCY TOTAL OPTIONS: 1. Ceramic the in lieu of FRP EXCLUDES: 1. Fire suppression system for hood 2. Replace existing grease trap (trap will be cleaned) 3. Replace existing make-up air on roof 4. New floor the at front service area 5. Sprinkler rework 6. Any issues above and beyond spelled out above generated from Preit or Township review 7. Cutting or patching roof for installation of new exhaust fan $. Any sprinkler system shut downs 9. Dumpsters fees over $1,400.00 PAYMENT TERMS: 1. An initial deposit of $30,000.00 shall bo invoiced to cover permit fees and security deposits 2. Work to be billed in (2) week intervals and is due and payable within 7 days 3. Final payment to be issued upon completion of punchlist ---.-• NER p.3 ~ ~--~~-0'~-- DA7E a:lcgaprojecl slcosle stlsala dwork9.7.07 Oct 19 07 01:OOp Oakmont Enterprises Inc. Calabrese Good Rrohitects 717-656-9695 p.7 txH I ~tT Ps' 3445 Meadow View Road Manheim, PA 17545 I Name !Address I CALABRESE GOOD ARCHITECTS 134 WEST :l~1AIN STREET LEOLA,PA ] 7540 Estimate Date Estimate # 09/04;2007 3718 Project Description Qty Rate Total Quote to demo restaurant in preparation for the Salad V4'orl:s 1 Tota I . OcL,19 07 01:OOp Calabrese Good Architects 717-656-9695 p.4 P ro p as a i #20070905CGA {:• J89? West Main Street "='=~~ (RL 230 Westj -~~ Mountloy, PA IIS57 9567 Nortrs: Mon - Frr 7:30AM - S PM Sa18:00 -Noon ~~~ ~~~j Phone (717) 653-2068 Fax (717} 653-8942 To: CALABRESE GOOD ARCH)TECTS INC. '134 WEST MAIN STREET LEOLA, PA 17540 Phone: {717) 656-4183 Fax: {717) 656-9695 Date: SEPTEMBER 5, 2007 Attention: JAVIER CEDENO (Project Manager) Job: SALADWORKS -CAPITAL CITY MALL, CAMP HILL, PA From: GARY SMEDLEY (Estimator) Specifications: PER THE DRAWINGS AND THE WALK THROUGH OF THE EXISTING BOURBON STREET GRILL SALES SPACE THAT WILL BECOME SALADWORKS; WE WILL PROVIDE THE COMPLETE ELECTRICAL INSTALLATION. WE WILL SECURE PERMITS AND INSPECT10N5 FOR THE PROJECT. NEW LIGHT FIXTURES WILL MATCH EXISTING AND WE WILL RELAMP ALL EXISTING FIXTURES THAT ARE BEING REUSED. WE WILL PROVIDE CONDUITS FOR P.O.S. AS INDICATED. ALL NEW OUTLET CIRCUITS WILL BE FISHED DOWN EXISTING WALLS AS DIRECTED. We PrOpOSe hereby to furnish material and tabor -complete in accordance with above specifications, for the sum of: Payment to be made as follows: AS JOB PROGRESSES Authorized Signature: ~~ C ~ ~~ Date: SEPTEMBER 5, 2007 ACCep~allCL Of PrO~JOSaI -The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Signature: Date of acceptance: ~~t 1? ~' ` j {R r r ~,t t~.t: L~ ~ Lam- ~ hni~ r Co N U ~"!+ ~~ d~ ~N ~ 3ES~f- ~ ~ b {0? ~~ S 0 '. ~ 0 G{ F-t I. ',Oct: 19 07 01:OOp Calabrese Good Architects 717-656-9695 i SPANGL]ER & BOYER 1VIECHANICAL ~N~. "" S 175 Commerce Dxive Phane f717} 7.928854 York PA. 1.7404 Fax ('1 ] 7) 792-6608 ~ia~ Proposal Attention: .!outer C:edeno Dsrte: September 4, 2007 Subicct; ~aladworks, Capital City Mal], Harrisburg We are pleased to submit this proposal. for your consideration 1~re bid is per the .following, documents. Drawings A1.1, Ivll.l, P1.1, ID2.1, and ID2.2 dated 8!07/07. p.5 txt-~l ~ ~~ ~~ HVA(: , • install owner 1'ui~,ished hood and exhaust tan, relocate one supply grille; and rocoruxect the new !toot! tee the existing exhaust duct. New duct shall be installed per code~and new duct to bo iizsulated with Firemaster fue blanket. Plrtrabi~ • Connect to ail Owner supplied equipment with gas, drain, vent and water..as needed. • Cray will cc,n~,ect tv existitg within store lease line and will drop tv equipment with gas shutoffvalve. We do not include the automatic gas shutoff valve .for the hood due protection. sySte?r7- • Watx;:r will connect to existing and be nirr to fixtures as shown on drawing P 1.1 • I~l~ior will be saw cut for additional drain lines as needed for the two And three bowl sinks, twn h:'u1d sinks, ice maker and soda machine. A1.1 undergrn~uad plumbing to he run in pvc. • existing drain lines will be drain snaked before coo:xec:tion. • liackiill a~.id re-conirete trenches to subfloor elevation. • C'.um,ect plu,~bing vents to cxi5ting above r~il.ing. • Hand sinks to be hiuig at /AAA height and will include trap and supply insulation. Hot water to these fixtures to be ternper~d to ] 10 deg Our price for phis work is This Proposal is good far (30) days. After that time we reserve the right to withdraw and !vr revi,e it should conditions warrant, Clarifications /Executions l . No hood firs protection system included. 2. Nu insulation included for existing systems. ~. Existing grease trap to remair-. Trap will be cle~azied. 4. Existing make-up air to remain on roof. C'UMMI;RCIA.G do GVDt1STR,lAL DESIGN & SL•ItVICE ~J~s)o7 y~Qo~ +,aclu~ QeMp "~-t \jo ES r+ o~ 1 r c,l udE' Ct~+d v a ti ;, ~-Edo^-a~c£ c,- ~;~ S~fP~~'~;~r~ Syst~r~t Oc~ 19 07 01:OOp Calabrese Good Rrchitects 717-656-9695 p.6