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HomeMy WebLinkAbout07-6136~7- Co13tP M [.,D ~i - 1 WAIVER OF LIENS (Sub-Contractors) WAIVER OF LIENS (Sub-Contractors) 1. Affiant holds the si ion of ~PS~~e~ of Ba~.~f ~ ~~g , , a subcontractor or material man (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 ~Q a ~cc c ~ ~. ~ , l~ ~r ~. ~ ("Company") for certain services, materials, supplies, machinery, fixtures and / 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 City 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 / 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. 5. 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 discharge 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 ~nd~ 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. 1N SITNES RE OF, the undersigned has hereto set its hand and seal as of a ~~~ CONTRACTOR: If Contractor is a Corporations: (CORPORATE SEAL) ~- By. Title: . If Contractor is an individual or Partnership Attest: By. Signed, Sealed & Delivered # , 1. WAIVER OF LIENS SUB-CQNTRACTORS (rnnt:.,,,eai STATE OF [INSERT STATE) COUNTY OF ~c`~IC~(' SS. BE IT MEMBERED THAT on theme Day of Who ~ m ,personally ap ared before me `a I-.e ~ Acknowledged that he executed and ~ oris a thou n'zed the ' desire(s) the same to be recorded. annexed Waiver of Lines d d Sworn to and subscribed before me this ~~ ~_, ---__ day of ~,~rR~a~ NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Bobbin L Itreiser Notary Public RapPwTwP•. i-awx'xsster MY Corrr-dseior~ E~ir'ss MYy 11 Member, Pennsylvania AasOCi~tlon of NotarNa ('~ N t~ ~ ~ ~'°: v _ . '--1 -~ ~: ~~=` ~ -,~ -tQ FT7 ~z ~ C 7 ~ . ~ s ~,. # `.. -~`~ -- c =' 00 (~ ~ rn ~ «_ `~ c~ - G Qct 1Q 07 12:59p Calabrese Good Architects 717-656-9695 PROJECT: SALADWORKS DATE: SEPTEMBER 7, 2007 RE: CONSTRUCTION ESTIMATE DIVISION 1 -GENERAL CALA6RESE 01302 Permit Fees GOOD 01304 Project Supervision 01501 Temporary Barricades ARCHI7FCTS 01508 Construction Dumpster ~~, 01513 General Material 01514 General Labor ~ ® ~ 01515 Final Cleaning 01530 DemolitionlRemoval of Equipment JOHN J, CALABRESE DIVISION TOTAL CEO REGISTERED DIVISION 2 _ SITEWORK ARCHITECT (NO WORK} KEITH D. GOOD DIVISION 3 - GONGRETE PRESIDENT (NO WORK) MICHELE K. 50LT VICE PRESIDENT DIVISION 4 -MASONRY (NO WORK) ® ® ^ A bi E R I C A N DIVISION 5-METALS INSTITUTE o F 05000 New Wall Framing ARCHITECT S DIVISION 6 -WOODS & PLASTICS N A T I O N A L (NO WORK} couNCIL of ARCHITECTURAL DIVISION 7 - TH ERMALIMOISTURE PROTECTION REGISTRATION {NO WORK) S O k R D S N A T I O N A L COUNCIL FOR I N T E R I O R 0 E S I G N QUALIFICATION ® d ^ ARCH fTECTURE INTERIOR DESIGN LAND PLAtJNING CONSTRUCTION MANAGEMENT DIVISION 8 - DOORSMl1NDOWS 08300 Special Doors DIVISION 9 -FINISHES 09250 Gypsum Wallboard Allowance 09300 FRP Supply & Install for Service Area 09350 Ceramic Tile Patching Allowance 09500 Acoustical Ceiling 09900 Painting Allowance 04910 FRP New and Patching Allowance DNISION 10 -SPECIALTIES 10520 Fire Extinguishers ~'! ® ® DIVISION 11 -EQUIPMENT (NO WORK} 134 W. MAIN ST. LEOLA, PA 17540 DIVISION 12 -FURNISHINGS 71 7-656-41 83 (NO WORK) FAX: 717-656-9695 cgarchitectsacs.com DIVISION 13 -SPECIAL CONSTRUGTION ~vw~v.calabrese {NO WORK} goodarchitects.com p.2 ©~t 19 07 01:OOp Calabrese Good Rrchitects 717-656-9695 Saladwo rks September 7, 2007 Page 2 DIVISION 14 -CONVEYING SYSTEMS (NO WORK) DIVISION i5 -MECHANICAL 15300 Hood Installation 15400 Plumbing DIVISION 16 -ELECTRICAL 18200 Power Generation 16500 Light Fixtures Allowance SUBTOTAL 10°/a CONSTRUCTION MANAGEMENT FEE CONTINGENCY TOTAL OPTIONS: 1. Ceramic the in lieu of FRP EXCLUDES: 1. Fire suppression sys#em 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 8. Any sprinkler system shut downs 9. Dumpsters fees over $1,400.00 PAYMENT TERMS: 1. An initial deposit of $30,000.00 steal! 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 1 NFR p.3 ~~-(~-D'~--- DATE a:lcga project slcosle stlsaiadwo rk9.7.07 Oct-- 19 07 01 : OOp Oakmont Enterprises Inc. 3445 Meadow View Road Manheirra, PA 17545 Name /Address CA1..ABRESE GOOD ARCEIITECTS 134 WEST':vIAIN STREET LEOLA,PA 17540 Project Description Qty Rate Total Quote to demo restaurant in preparation for the Salad 'Works I t t Tota I Calabrese Good Rrchitects 717-656-9695 p.7 txH 1 ~lT P~' Estimate Date Estimate # 09/04!2007 3718 Oct 18 07 01:OOp Calabrese Good Architects 717-656-9695 ,~~m Proposal #20070905CGA °~~~~_~ J892 WestA~foio Street "~=~~ t'Rt. 230 West1 W~ ~"'` Molrntloy, PA 17557 9567 -~l~'~.r`~. Naars: Mon - frr 7.-30AM - 5 PM R . Sat 8:00 - Noan ~ VF ~~GEC~tRI-C, ~~ Phone (717) 653-2068 Fax (717) 653-8942 To: CALABRESE GOOD ARCHITECTS INC. 134 WEST MAIN STREET LEOLA, PA 17540 Phone: (717) 656-4183 Fax: (717)&58-9695 Date: SEPTEMBER 5, 2007 Attention: JAVIER CEDENO (Project Manager) Job; SALADWORKS -CAPITAL CITY MALL, CAMP HILL, PA From: GARY SMEDLEY (Estimator) p.4 1 C~~T >~I 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 INSPECTIONS 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. WG PrOpOSe hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Payment to be made as follows: AS JOB PROGRESSES Authorized Signature: ~~'`"'~' ~ ~ ~ Date: SEPTEMBER 5. 2007 ACCep~atlCe Of PrOpOSaI -The above prices, spec cations and conditions are satisfactory and are hereby accepted. You are authorized to da the work as specified. Payment will be made as outlined above. Signature: Date of acceptance: V ~~MD ~ ~ it"•ri~a~.c.ti~ ~~ ~h~t` CoN~~l+~~n~ w; -SF~~E". ~I6(b~ ~~ 10'.JOG{M I. Oc: 19 07 01:OOp Calabrese Good Architects 717-656-9695 SPA~IG~ER & BO~YER IyIECFIANICAL INC. '"`~ 5175 Ca~xitneree Drive Phane (717} 7.928$54 Yorl< Pa. 17404 Fax ('717) 792-6608 did ..~'~opasal ttention: .lavier Cedetlo DAte: September 4, 2007 Sahicct: Saladwarks, Capital City Mail, Harrisburg We are pleased to subxttit this proposal. t`or your consideration.lhe bid is per the .following documents. Drawings A1.t, M1_l, P1.1, lD2.l, and ID2.2 dated 8/07/07. p.5 HVA(^ • install owner #'u~~ished hood and exhaust fan, relocate one Supply grille; and recoruxect the new hood tc~ rite existin8 exh~xst duct. New duct shall be insralled per code~~d new duct to be iizsulated with Firemaster fue blanket. Plura biam • Connect to all owner supplied equipment with gas, drain, vent and water.,as needed- • Cats will connect to existing within store lease line and will drop to equipment with gas shutoff'valve. We do not include the automatic gas shutoff valve .for the hood >'ue nrotectian. syStont_ Watx:r will connect to existing and be non to fixtures as shown on drawing P1.1 • Moor will be saw cut for additional drain lines as needed for the two and thtee bowl sinks, two h:•tnd sinks, iCe matter and soda machine. All underground plumbn~g to be run ir- pvc. • lxisting drain lines will be drain snaked before canitection. • 'i3acklill attd re-concrete trenches to subfioor elevation. • C'.urv~ect p1u~~bing ve7~ts to existing above ceiling. • Hand sinks to he huug at ApA height and will include trap and supply insulation. Hot water to these fixtures to be tetx~pered to 114 deg Our price for this work is This Proposal is good for (30) days. After that time we reserve the right to withdraw a,td /ar revise it slSOtild conditions warrant. C_larifeations /Exceptions I . No hr.-od fire protection system included. 2. Na iflsulation included for existing systems. ~. ):xisting grease trap to remain. Trap wilt be cleaned. a. Existing inakc-up air to remain on roof. C'()MMl+:RC'I,4.G d'c lrVDtISTIt,G4L DESIGN c4c SERYIC.'E Q//s)p7 ~o~ ;...,civ.o.E atMn ~S^~i' 1JOE$ N0~' 1~nC.~v.aE' ~•~4dUa 4 f iii ~.E! O^-a.~ G ;- ~; e~ Sup P ~S~ ~ ~a~ SyS(~M pct 1~9 07 01:OOp Calabrese Good Rrchitects 717-656-9695 p.6