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HomeMy WebLinkAbout09-3538 Michael W. Winfield, Esquire Attorney I.D. No. 72680 Kelly H. Decker, Esquire Afforr. ey I.D. No. 84886 RHO S & SINON LLP One S uth Market Square, 12th Floor P.O. ox 1146 Harris urg, PA 17108-1146 (717).Z33-5731 Attorin evs for Claimant d/b/a INC., Claimant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. DEVELOPMENT, LLC SITE DEVELOPMENT, Owner MECHANICS LIEN NO. M - !? 5-3 ?- A4 0 NOTICE OF FILING OF MECHANICS' LIEN CLAIM To filed Techr Parcel Pleas is atta Insite Development, LLC 1943 Monterey Drive Mechanicsburg, PA 17050 Insite Development LLC 2055 Technology Parkway Mechanicsburg, PA 17055 You are notified that a Mechanics' Lien Claim in the amount of $188,825.70 has been on behalf of BBEC, Inc. against the improvements and property located at 2055 ology Parkway, Mechanicsburg, Cumberland County, Pe sylvania, and identified as Tax No. 10-14-0839-023. This claim was filed on May2009 in the Court of Common )f Cumberland County, Pennsylvania, docketed as referenced above. A copy of this Claim RHOADS & SINON LLP By:. Michael infield Kelly H. Decker One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Claimant 743583.1 t Michael W. Winfield, Esquire Attorney I.D. No. 72680 Kelly H. Decker, Esquire Attorney I.D. No. 84886 RHO S & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717).233-5731 Attorneys for Claimant d/b/a INC., Claimant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MECHANICS LIEN NO. Ll 7 3 5-3 r M L-D MECHANICS' LIEN CLAIM files Cumberland County, Pennsylvania, which is more fully described in the Deed 507 N V. DEVELOPMENT, LLC SITE DEVELOPMENT, Owner(s) Claimant, BBEC, Inc. ("BBEC"), through its undersigned counsel, Rhoads & Sinon LLP, Claim against the improvements and property located at 2055 Technology Parkway, hereto as part of Exhibit A ("Property"), for the payment of a debt due to BBEC to a written contract between BBEC and Insite Development, LLC ("Insite")'. In of this Claim, BBEC avers as follows: 1. BBEC is a Pennsylvania corporation with a principal place of business located at York Street, Mechanicsburg, PA 17050. BBEC is the party Claimant and files in the capacity of Contractor to Insite. 2. Insite Development LLC, upon information and belief, is a Pennsylvania limited iabilit corporation, with a principal place of business located at 1943 Monterey Drive, 1"Insite evelopment" is identified in BBEC's contract as the "Owner." Upon information and belief, the correct and full me of Insite Development is Insite Development LLC, as identified on the Deed. 743583.1 A Pennsylvania 17050. Insite Development LLC is the record Owner of the 3. The date of completion of BBEC's work on the Property was April 8, 2009. 4. BBEC performed its work, pursuant to a written contract with Insite, a true and copy of which is attached as Exhibit "B." 5. The general nature and character of the labor and materials furnished by BBEC is ed on the second page of the written contract referenced in paragraph 4 above and on change orders, copies of which are attached as Exhibit "C". 6. The unpaid amount due and owing to BBEC for which this Lien is asserted is $188,25.70. 7. The Property subject to the lien is the, property located at 2055 Technology ty, Mechanicsburg, Pennsylvania, which is located in the Cumberland Technology Park, led as Tax Parcel No. 10-14-0839-023, and more fully described in the Deed attached Exhibit "A". The improvement to the Property is the construction of a Comfort Suites Hotel building, and related appurtenances, of which BBEC performed the work identified in the 5 above. WHEREFORE, BBEC, INC. respectfully requests that a Mechanics' Lien be issued in of $188,825.70 against the Property. -2- 743583.1 RHOADS & SINON LLP By: ed A j 144. Lqz?' Michael W. field Kelly H. Dec er One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Claimant -3- 743583.1 VERIFICATION Christopher R. Anderson, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 to unworn falsification to authorities, that he is the Vice President/Controller of BBEC, Inc., that he makes this verification by its authority and that the facts set forth in the Mechanics' Lien Claim are true and correct to the best of his knowledge, information and belief. Date Christopher R. Anderson 743583.1 EXHIBIT A 577144.1 471 ROBERT P. ZIEGLER L REC-411DIER OF DEED'! L9 \,.-%/i,r ...ri f.L-gw r.vv,r WY W RM 12 RM 8 42 THIS DEED Tax Parcel Nos. 10-140839-023 Made the O i. day of March, in the year of our Lord two thousand seven (2007) Between MT. ZION ASSOCIATES L.P., a Pennsylvania limited partnership, patty of the first part ("Grantor) AND INSITE DEVELOPMENT, LLC, a Pennsylvania limited liability company, party of the second part ("Grantee") Wl rIVESSETN, that the said Grantor, for and in consideration of the sum of Eight Hundred Forty Thousand and 001100 ($840,000.00) Dollars lawful money of the United States unto Grantor well and truly paid by the Grantee, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, enfeotf, release, convey and confirm unto the said Grantee, Grantee's successors and assigns, LOT 5: ALL THAT CERTAIN tract of land situate in the Township of Hampden, Cumberland County, Pennsylvania known as Lot 5 on the Final ReSubdivision Plans Phase 2A and 213 for Cumberland Technology Park recorded in Plan gook 81 page 53 and bounded and described as follows: BEGINNING at an iron pin, said point being the southeastern corner of the intersection of NIL Zion Road, having a 50 foot 'Iegal right-of-way and Technology Parkway, having a 80 foot legal right-of way; thence along the southern right-of-way line of Mt. Zion Road South 79 degrees 33 minutes 17 seconds East a distance of 180.88 feet to a point on said southem right-of-way line of ML Zion Road; thence leaving said right-of-way line and along the property now or fom mrty Russel C. Mack g Anna*E. Mack South 14 degrees 40 minutes 43 seconds West a distance of 152.88 feet to a point; thence opntinuing along the property now or formerly Russel C. Mack & Anna E. Mock South 79 degrees 33 minutes 17 seconds East a distance of 99.79 feet to a point on the line of property now or formerly Lary S. Myera and Audrey M. Myers. thence along said property now or formerly Larry S. Myers and Audrey M. Myers South 26 degrees 08 minutes 36 seconds 11West a distance of 272.25 feet to an iron pin, said point being the common comer of now or formerly Larry S. Myer and Audrey M. Myers, now or formerly Pinnacle Health Hospitals and the tract of land herein described; thence along said now or formerly Pinnacle Heap Hospitals South 62 degrees 20 minutes 41 seconds West a distance bf 157.13 feet to an iron pin on the eastern right- 5L1 7075614MO 000.00000 ;.._ b0V 279 -.*a& -090 .. . J.... ?. y• .. rr. rr1y f .WVJL#WV•* of-way line of Technology Parkway; thence along said 981WOm right of--way line of Technology Parkway along a curve to the right having a radius of 4155 feet and a length of 302.72 feet to an iron pin on the eastem right-(W way line of Technology parkway; thence continuing along the eastern right of-way line of Technology Parkway North 10 degrees 27 minutes 53 seconds East, a distance of 208.62 feet to an iron pin on the eastern right-of-way line of Technology Parkway; thence continuing along the eastern right-of-way line of Technology Parkway along a curve to the rift having a radius of 25.00 feet and a length of 39.26 feet to an iron pin on the eastern right-d-wgy line of Technology Parkway, sold point being the juncture or Technology Parkway and Mt. Zion Road, said also being the place of . CONTAINING 104,584.05 square feet (2.401 acres), more or less. EXCEPTING AND RESERVING a 20 foot wide trait easement and a detention basin easement more particularly bounded and described on Final Resubdivision Plans, Phase 2A & 28 for Cumberland Technology Park, recorded In Cumberland County Plan Book 81 Page 53. BEING A portion of property which McNaughton Properties, Inc., a Pennsylvania corporation, by deed dated November 4, 1997 and recorded November 5, 1997 In Cumberland County Deed Book 167, Page 327, granted and conveyed unto Mt. Zion Associates L.P., a Pennsylvania Limited Partnership. Being Tax Parcel 10-14-0839-023 UNDER AND SUBJECT to all restrictions, reservations, easements, covenants, conditions and rights-of--way of record. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof and all the estate, right, title,' intereat, property, claim and demand whatsoever of the Grantor, in law, equity or otherwise, of, in and to the same and every part thereof. TO HAVE AND TO HOLD the above-described promises with the appurtenances unto the Grantee, Grantees successors and assigns, forever. AND the said Grantor hereby covenants and agrees that it will warrant specially the property hereby conveyed. sL> >Wsaevvoooooc.ooooo 8* +? PAGE 397 \. . ..I• .. ..Y. ---- In INUmess Whereof, the Grantor has hereunto set its hand and seal the day and year first above written. ATTEST: (Asst.) Secretary Mt. Zion Associates, L.P. by its sole General Partner, Mt. Zion Associates, Inc. By: Phi Markcvrtz Vice President Common r Pennsylvania . SS : County or 111= - On this, the day of March, 2007, before me, a Notary Public, the undersigned officer, personally appeared Philip Markovitz, Yrce President of Mt. Zion Associates, Inc., a Pennsylvania corporation, the sole general partner of Mt. Zion Associates L.P., a Pennsylvania limited partnership, known to me (or satisfacto proven) to be the person whose name is subscribed to the within deed and aclmowledged that he as such officer executed the same for the pu contained on behalf of the corporation, as general partner of the limited In Witness Whereof,, 1 hereunto set my? and gfficial seal. NOTARIAL SEAL DEBOW N. SwAnTv* ?, c4aft No ry _P#10 Jm 3 My C ission Expires: I Hereby Certify that the precise residence of the Grantee is: 1943 Monterey. Drive. Mechanicsburg, PA 17050 Attorney for Grantee 5L1 707568AM0 000.00000 FOW 279 PAGE 398 1 .VVY/ V V 7 0210612409 15:26 Patricia Bla lbstracting ... ......... . CommonweWM of Pennsylvania c . SS.: ; County of Cumberland (F! l! ?3/ LL4ii rNu4rww Recorded on this day of , 2006, in the Cumberland County Recorder of Deeds Offorr3 in Record/Deed Book , Volume , Page Given under my hand and the seal of the said Office the date above written. Cumberland County Recorder of Deeds S:1LegaNDeedslCumberiandTech-DeedtolnsiteDev.wpd 319107 12:58 PM I Certify this to be recorded In Cumberland County PEA i' ?-- Recorder of Deeds 9 N ?9B to- N N ? 190. ?G ,?a ? C= 1= ? ,,.. ! rM ;g 3 ' bikk 279 PACE 399 L, SLI 707568YMOD000.00DOD o W' v e m rim m S w 4a w na ®.~.? 5 ? .~+ ,o CO p ?p G?1d 0 C O 4 OC. ?CM,O ufy G1 L?1 0 0 0 s: Y p 4 Gt ? .. . p. G EXHIBIT B 4v % - _ THE AMERICAN INSTI'T'UTE OF ARCHITECTS AIA Doceftt SOM: % MIN A" For CONSTRUCTIONPROJECTS .. ,P I,l?i?ll?lsD SCOPE where the Basis of Payment is a S77PULA ED SUM 1987, EDMON 3 DO+CUMERT HAS IMPORTANT LWAL CONSEQVMCES; CONSULTATION WrrH AN ATTORNEY IS :OURAAGED wrm REsprcr TO ITS COiViPI,mm OR: MCmCATION This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America. as of the 9"' day of April in the year of Two Thousand Eight. dVEEN the Owner: Insite DeuelOPMent e and address) 1943 Monterey Drive Mechanicsburg, PA 17050 7171319-1159 * 7171236-5570 Fax the Contractor: BBEC, Inc. ne and address) 507 North York Street Mechanicsburg, PA 17055 7171697-5425 * 7171697-5422 Fax Project is: COMFORT SUITES ne ahd location Valley Road Mechanicsburg, PA 17065 Architect is: MINT Architecture, PC ne and address) 520 Collins Aikman Drive, Suite 200 Charlotte, NO 28262 Owner and Contractor agree as set forth below. ALA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION • AIAA • ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW `FORK AVENUE, N.W., WASHINGTON, D.C. 20006 AI 07-1987-1 WARNING: Unlicensed photocopybg vloistesU.S. copyright laws rind is subjactto Iegal prosecution. ARTICLE 1 THE WORK OF THIS CONTRACT 1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: scope of work is based upon BBEC `Proposal dated March 18, 20Mf*r the Comfort. ss project. Furnish all labor and material necessary for Division IS electrical work Lighting in building and parkittg garage Gear, feeders, branch wiring and connections to HVAC equipment, pool equipment and elevator Electrical devices (receptacles and switches) • Site work by others--all work to W outside of building by site contractor • Utilizing 277/480V service with aluminum feeders • All wiring Installed per NEC ¦ Telecom and TV wiring to be run in bridle rings ¦ No generator needed--will utilize battery back-up emergency lighting per NEC ¦ VE lighting package and gear package Included • Equipment provided by others to be 480V where available; ie: HVAC, elevator, pool equipment, etc. ¦ PTAC units must be 277V • Fire alarm per NEC • Security/card aceess/CCTV by others, if any ¦ Head-end phone/dato equipmont by others • Provide temporary lighting and power ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement is the date from which the Contract Time of Paragraph 2.2 is measured, and s l be the date of this Agreement, as first written above, unless a, different date is stated below or provi ion: is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert I he date of commencement, if it differafrom the date of this Agreement or, if applicable, state 9W the date will be fixed in a notice to:proomd.) To Be Determined 2.2 The Contractor shall' achieve Substantial Completion of the entire Work not later than (Insert the c4endar date or number of calendar days after the dale of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Conttact Doeurnents.) To Be Determined to adjustments of this Contract Time as provided in the Contract Documents. visions, if any, for liquidated damages relating to failum to complete on time.) AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT - NINTH EDITION • AIAO • ®1987 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N, W., WASHINGTON, D.C. 20U06 A107-1987-2 WARNING: Unlicensed pbotoopy" vWdo U.S. copyright laws and is subod to legal prosecuton. ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor is current fods for the Contractor's pace of the Contract the Contract Sum of Six hundred ten thou sawl * ?" *********Doltsiira ($610,000.00) subject to additions and deductions as provided in the Contract. Documents. ARTICLE 6 CONTRACT DOCUMENTS 6.1.4 The Drawings are as follows, and are dated unless a different date is shown below: (Either st the Drawings hece or refer to an exhibit attached to this Agreem u) N her Tie Date 6.1.5 I The Addenda, if any, are as follows: Tie Pages inc. Proposal dated March 19, 2008. GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS ; of Addenda relating to bidding requirements are not part of the Contract Documents unless the requirements are also enumerated in this Article 6. 6.1.6 ? Other documents, if any, forming part of the Contract Documents are as follows-. (list an* additional documents which are intended to form part of the Contract Documents) 7.1 and to the to pro The Contract Documents consist of this Agreement with Conditions of the Contract (General, nentary and other Conditions), Drawings, Specifications, addenda issued prior to the execution of this ent other documents listed in this Agreement and Modifications issued after execution of this The intent of the Contract Documents is to include all 'items: necessary for the proper execution p'letion of the Work by the Contractor. The Contract Documents are complementary, and what is by one shall be as binding as if required by all; performance by the Contractor shall be required only tent consistent with the Contract Documents and reasonably inferable from theme as being necessary )e the intended results. 7.2. The Contract Documents shall not be construed to create a contractual relationship of any hind (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or Sub-subcontractor or (3) between any persons or entities other than the Owner and Contractor. 7.3 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site and become familiar with the local conditions under which the Work is to be perfbrmed. AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT - NINTH E{iMON - AIAt • ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.G. 20006 Al 07-1987-3 WARNING: Unlicensed photocopying vMetes U.S. copyright laws and is subject to legal proseemion. T4 The term `Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to -fulfill the Contractor's obli"tions. The Work may constitute the whole or a part of the Project. ARTICLE 8 ONMER 8.1 I The Owner shall furnish surveys and a legal description d the site. 8.2 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent *uctures or permanent changes in existing facilities. i 8.3 If the Contractor falls to correct Work which is not iii accordance with the requirements of the Contract Documents or persistently falls to early out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right ofthe Owner to stop the Work shall not give rise a duty on the part of the Owner to exercise this right foi the benefit of the Contractor or any other perso or entity. ARTICLE 9 CONTRACTORi 9.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating allj portions of the Work under the Contract, unl Contract Documents give other specific instructions concerning these matters. 9.2 Unless otherwise provided in the Contract Documents the Contractor shall provide and pay for labor, materials, equipment; tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and, completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 9.3 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to therm. 9.4 The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract. Doc ants, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear der normal usage. If required by the Architect, the Contractor shall furnish satisfactory evidence as to the kit d and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, arid ot?er similar taxes which are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into eft, and shall secure and pay for the building permit AIA DOCUMENT A107 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT - NINTH EDITION - AIR® • 01987 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 AI 07-1987-4 WARNING: Unlicensed photocopying vloistea U.S. copyright laws and Is subject to legal prosecution. and Other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 9.6 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations, and lawful orders of public authorities bearing on.pcrfo==ce of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at varice therewith. 9.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's empl yam, Subcontractors and their agents and employees, and other persons performing portions of the Work under a contrail with the Contractor. 9.8 The Contractor shall review, approVe and submit to the Architect Shop Drawings, Product Data, Samp es and similar submittals required by the Contract Documents with reasonable. promptness. The Work shall be in accordance with approved submittals, When professional certification of performance criteria of mat als, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon he accuracy and completeness of such certifications. 9.9 The Contractor shall. keep the premises and surrounding area free from accumulation of waste mat als or rubbish caused by operations under the Contract. At completion of the Work the Contractor shall remove from and about the Project waste materials, rubbish,, the Contractor's tools, construction equipment, machinery and surplus materials. 9.10 The Contractor shall provide the Owner and Architect access to the Work in preparation and progr ss wherever located 9.11 The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of pat t rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for ch defense or loss when a particular design, process or product of a particular manufacturer or man keturers is required by the Contract Documents unless the Contractor has reason to believe that there is an i gement of patent. 9.12 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) incl loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts- or ssions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or riot such claim, damage, loss or expense is caul in part by a party indemnified hereunder; Such obligation shall not be construed to negate, abridge, or redo other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 9.12. 9.12.1 In claims against any person or entity indemnified under this Paragraph 9.12 by an employee Of the Contr ctor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may b liable, the indemnification obligation, under this Paragraph 9,12 shall not be limited by a limitation on amour t or type of damages, compensation or benefits payable by or for the Cori tractor or a Subcontractor under orkers' or workmen's. compensation acts, disability benefit acts or other employee benefit acts. 9.12.2 The obligations of the Contractor under this Paragraph 9.12 shall not extend to the liability of the Architect, the Architect's consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, Construction Change Directives, designs or specifications, or (2) the giving of or the failure to give directions or instructions by AIA DOCUMENT A107 • ABBREVIATEDOWNER-CONTR ACTOR AGREEMENT • NINTH EDITION • AIA@ - ®1987 TH AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORtt.AVENUE, N.W., WASHINGTON, D.C. 20006 At 07-1987-5 WARNING; Unlicensed photocopying violates U .S.4opyaightlam and is subject to legal prosscution. the Architect, the Architect's consultants, and agents and-employees of any of them provided such giving or failure to give is the primary cause of the injury or damage. ARTI4CLE lb AMMSTRATION OF THE CONTRACT 10,1 The Architect will provide administration of the Contract and Will be the 'Owner's representative (1) g construction, (2) until final payment is due and (3) with the Owner's coneurrenee, from time to time tri' g the correction period described in Paragraph 18.1 10.2 The Architect will visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the completed Work and to determine m &=all if the Wor is being performed in a manner indicating that the Work, when completed, will be in accordance with the Contract Documents, However, the Architect will not be required to make exhaustive or continuous on- site inspections to check quality or, qquantity of the Work. On the basis of on site observations as an architect, the hiteet will keep the Owner informed of progress of the Work and will endeavor to guard the Owner agar defects and deficiencies in the Work. 10.3 The Architect will. not have control over or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility as provided in Paragraphs 9.1 and 16.1. The hitect will- not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 10.4 Based on the Architect's observations and evaluations of the Contractor's Applications for Payment; the Achitect will review and certify the :amounts due the Contractor and will issue Certificates for Payment in such amounts. 10.5 The Architect will interpret and decide matters concerning performance under and requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, :disputes or other matters in question between the Owner and Contractor, but will of be liable for results of any interpretations or decisions rendered in good faith. The Architect's decisions in matters relating to aesthetic effect will be final if consistent. with the intent expressed in the Con ct Documents. All other decisions of the Architect, except those which have been waived by malting or acceptance of final payment, shall be subject to arbitration upon the written demand of either party. 10.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. 10.7 The Architect will review and approve or take other appropriate action upon the Contractor's submi ftals such as Shop Drawings, Product Data and. Samples, but only for the limited purpose of checking for conformance with infbnnation given and the design concept expressed in the Contract Documents. 1 10.8 All claims or disputes between the Contractor and the Owner arising out or relating to the -Contract, or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree therwise and subject to an initial presentation of the claim or dispute to the Architect as required under Paragraph 10.5. Notice of the demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator or arbitrators shall be final, and judgment may b entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising Out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not nuw L& UMM i AI U/ - AMMVIA reU OWNER-CONTRACTOR AGREEMENT • NINTH EDITION -AM • ®1987 AMERICAN INSTITUTE OF ARCHiTECTS,1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 At 07-1987-6 WARNING: Unkensed photocapyIng Wolstes.UA copyrIgla laws and is 901W to Iegsl prosevAon. a party to the Agreement under which such arbitratiou arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (?) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not irimbstalrld d, and (4) such person or ent ty is not tho Arch test or any of the Architect's employees or consultants. The agreement herein among the p .es to the Agreement and any other written agreement to arbitrate re wed to herein shall be speci cally enforceable under applicable law in any court hang jurisdiction thereof. ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the nanies of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has: made reasonable objection. Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities which the Con ctor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow to the Su ntractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction . or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided elsewhere in the Contract Documents. 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introd ction and stor7 - age of their materials and equipment and performance of their activities, and shall coon t and coordinate the Contractor's construction and operations with theirs as required by the Contract Doc Tents. 12.3 Costs caused by delays, improperly tinned activities or defective construction shall be borne by the party responsible therefore. II ARTICLE 13 CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additi ms, deletions or modifications, the Contract Sum and Contract Time being adjusted accordingly. Such chang s in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Archi ect, or by written Construction Change Directive signed by the Owner and Architect. AIA DOCUMENT Al 07 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION • AIA® • 01967 AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NA, WASHINGTON, D.C. 20008 AI 07-1987-7 WARNING; Unlicensed photocopying violates U.S. copyright laws and Is subOd td bgtd prosecution. 13.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13.3 The coat or credit to the Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 I Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agr??t the Contractor confirms that the Contract Time is a reasonable period fc>rperforming the Work. 14.2 The date of Substantial Completion is the date certified by the Architect in accordance with Pamgr aph 15.3. 14.3 li If the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, by labor ( disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anti 'stable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the . chiteet determines may justify delay, then the Contract rime shall be extended by Change Order for such noble time as the Architect may determine. ARTICLE 15 PAYMENTS AND COMPLETION 15:1 Payments shall be made as provided in Articles 4 and 5 of this Agreement. 15.2 Payments may be withheld on account of (1) defective Work not remedied, (2) claims filed by third part{ , (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment, (4) reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum, (5) damage to the Owner or another contractor, (6) reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or ligui. led damages for the anticipated delay, or (7) persistent failure to carry out the Work in accordance with tie Contract Documents. 15.3 When the Architect agrees that the Work is substantially complete, the Architect will issue a Certificate of Substantial Completion. 15.4 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall, refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 15.5 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: 1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties requited by the Contract Documents. AIA DOCUMENT A107 , ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION • AIA@ • B 1+987 THE AMERICAN INSTITUTE OF ARCHITECT$,1735 NEW YORK AVENUE, KW., WASHINGTON, D.C. 20006 Al 07-1987-8 WARNW: Unlicensed photowpytng violates U.S. copytl& hm end Is sublsctto legal prosecution. Acceptance of final payment by the Contractor, a Subcontractor or material. supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the tulle of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPER'T'Y' 16.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the perforrxamce of the Contract. The Conhuctor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to; I employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein; and .3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury F or loss, The Contractor shall promptly remedy damage and loss to property at the site caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them„ or by anyone for whose acts they may be liable and for which the Contractor is responsible under{ Subparagraphs 16.1.2 and 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable. to the fault or negligence of the Contractor.. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Paragraph 9.12. 16.2 The Contractor shall not be required to perform without consent any Work relating to asbestos or polychlorinated biphenyl (PCB). ARTICLE 17 INSURANCE 17.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' or workmen's compensation acts and other: employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and from claims for damages, other than to. the Work itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability msuraEnce. applicable to the Contractor's obligations under Paragraph 9.12. Certificates of such insurance shall be filed with the Owner prior to the commencement of the work. 17.2 The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self-protection against clai which may arise from operations under the Contract. The Contractor shall not be responsible for purchasing and maintaining this optional Owner's liability insurance unless specifically required by the Contract Documents. 17.3 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction' in which the Project is located, property insurance upon a entire Work at the site to the full insurable value thereof: This I insurance shall be on an all-risk polic} form and shall include interests of the Owner, the Contractor, Subcontractors and Sub-subcontractors AIA DOCUMENT Al 07 • ABBREVIATED OWNER-CONTRACTOR AGREEMENT • NINTH EDITION - AIA@ - 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 AI 07-1987-9 WARNING: Unlicensed $wt*wpyInq,vWMn U.S. copydgM laws and is sub)W to legal prosocuson. in the Work and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. 17.4 A loss insured under Owner's property insurance shall be usted with the Owner and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgagee clause. 17.5 The Owner shall, file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be .cancelled or allowed to expire until at least 30 days' prior written notice has been given to the Contractor. 17.6 The Owner and Contractor waive all rights against each -other and the Architect, Architect's. consultants, separate contractors described in Article 12, if any, and any of their subcontractors, stab- subcontractors, agents and employees, for :damages caused by fire or other' perils to the. extent covered by property insurance obtained pursuant to this Article 17 or any other property insurance applicable to the Work4 except such rights as they may have to the proceeds, of such insurance :held by the der as fiduciary The Contractor shall require similar waivers in favor of the Owner and the Contractor by Subcontractors and Sub-subcontractors. The Owner shall require similar waivers in favor of the Owner and Contractor by the Architect, Architect's consultants, separate contractors described in Article 12, if any, and the subcontractors, sub-subcontractors, agents and employees of any of them. ARTICLE 18 CORRECTION OF WORK 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of one year from the date of Substantial Completion of the Contract or by terms of an applicable special warranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as to Work done by direct employees of the Contractor. 18.2 Nothing contained in this Article 18 shall be construed to establish a period of limitation with respect to other obligations which the Contractor might have under the Contract Documents.. Establishment of the time period of one year as described in Paragraph 18.1 relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents: may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor's liability with respect to the Contractor's obligations other than specifically to correct the Work. ARTICLE 19 MISCELLANEOUS PROVISIONS 19.1 The Contract shall be governed by the law of the place where the Project is located. 19.2 As between the Owner and the :Contractor, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued: 1 not later than the date of Substantial Completion. for acts or failures to act occurring prior to the relevant date of Substantial Completion; AIA DOCUMENT A107 - ABBREVIATED OWNER-CONTRACTOR AGREEMENT - NINTH EDITION - AIA19 - 0 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20D08 AI 07=1987-10 WARNING: Unlicensed photocopying violates U.S. copydght law and Is subject to legal prosecution. .2 not later than the date of issuance of the final Certificate for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to issuance of the final Certificate for Payment; and .3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occurring after the date of the final Certificate for Payment. ARTICLE 20 TERNUNATION OF THE CONTRACT 20.1 If the Architect fails to recommend payment for a period of 30 days through no fault of the Contractor, or if the Owner fails to make a ent Am for a. g1dgd of 32, seven additional days written notice to the ? Owner and the Arch tecL t nate the Conimet And rnmver machiuer}r, including reasonable ovwhftd, profit and damageg applicable to 20:2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Docments or fails to perform a provision of the Contract, the Owner, after seven days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good suchdeficiencies and may deduct the cost thereof, including compensation for the Architect's services and expenses made necessary thereby, from the payment then or thereafter due the Contractor. Alternatively, at the Owner's option, and upon certification by the Architect that sufficient cause exists to justify such action, the Owner may terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon. owned by the, Contractor and may finish the Work by whatever method the Owner may deem expedient: If the unpaid balance of the Contract Sum exceeds costs of fizinishing the Work, including compensation for the Architect's services and expenses made necessary thereby, such excess shall be paid to the Contractor, but if such costs exceed such unpaid balance, the Contractor shall pay the difference to the Owner. ARTICLE 21 OTHER CONDITIONS OR PROVISIONS (Insert other provisions here) This Agreement entered into as of the day and year first written above. OWNER; CONTRACTOR: Win DEVELOPMENT I(iTYATM Donald H. Erwin, Owner Ran P PxP;= NAME Am 1'rr[.i PRWM AIA DOCUMENT A107 +ABBREVIAT€D OWNER-CONTRACTOR AGREEMENT -NINTH EDMON • AAA-0 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 AI 07-1987-11 WARMNG. Unikensed photocopying +iretetea U.S. copyright Im and k subod to bpi prosecution. ,tr?iC. nv, (717) 697-5425 PA ) 823-1166 FAX (717) 697-5422 York t . P0silk 748 • d ?119, PA 17065,0748 bats. 3/1912008 Attrr: Donald H. Erwin TO: Inei#te 10immlopment 1943 Monterey Drive Mechanicsburg, PA 17050 Phone: (717) 3%.1159 Fax: (717) 236-5570 Fief: Comfort Sulfites We propose to furnish all tabor and material necessary for division #16 ele l work including. Lighting in building and parking garage, Gear, feeders, branch wiring., connections to HVAC equipment, Connections to pool equipment, elevator connections, all receptacle and switch devices. Total Base 131d; $610,000.00 Clarifications: Site work by others, Utility fees if any not included. Utilizing 277/480v service, aluminum feeders. All wiring done per NEC Telecom and TV cabling run in bridle rings. No generator needed will utilize battery back up emergency lighting per NEC All work to five feet outside building the rest by site contractor VE lighting package and gear package included All equipment that can be 480v must be that voltage ie: HVAC, elevator, pool equipment etc... PTAC units must be 277 volt Fire Alarm per NEC Security/Card Access/ CCTV by others if any Head end phone/data equipment by others randy Pentz, Estimator All makwal Is guaranteed to be as speoifled. All work to be oompleted In a workmanilke manner according to standard practices. Any afieration or deviation from above specifications lnvolvktg extra costs will be executed only upon wr ten otd*rs, and will becorrM an cootie charge and 9boft the a mate. All agreements are contingent upon strikes, accl etlor delaays beyond twr control, owner to carry fire, tornado ndraother necessary ance. Our workers are futiy covered by Workmen's corn Nom. This proposal may be withdrawn by us N not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL The above Pis acwpted. You are authorized to do the work as specified. Terms: Not 10 days. . sP•?flcation and eons. are aatlsfaciary and are hereby Date of Acceptance: Signature: RESIDENTIAL EXHIBIT C F M Inc. ebecir ca conlywac1cm 507 North York Street a PO Box 748 . Mechanicsburg, PA 17055-0748 DATE: SEPTEMBER 3, 2008 CHANGE ORDER REQUEST TO: INSITE DEVELOPMENT 1943 MONTEREY DRIVE MECHANICSBURG, PA 17060 ATTN: DON ERWIN/GENE BUSITYEAGER PHONE: 319-1159 FAX: 236.5570 WE PROPOSE' TO FURNISH ALL LABOR AND MATERIAL NECESSARY FOR THE INSTALLATION OF THE FOLLOWING: EXTRA MANDOORS & CORRIDORS FOR 1ST FLOOR 4-TYPE OA EXTERIOR WALL SCONCES 2=EXIT SIGN/EMERGENCY BATTERY UNIT COMBOS 2-EMERGENCY BATTERY UNITS 2-WPREMOTE HEADS 2-FOURWAY SWITCHES 2-DUPLEX RECEPTACLES 2-20A, 277V 1-PRASE FEED FOR ELECTRIC WALL HEATER REQUIRED BRANCH CIRCUIT WIRING 2-AUDI0/VISUAL ALARMS REQUIRED BRANCH FIRE ALARM WIRING CC: FILE PELAR (717) 697-5425 PA (800) 822-1165 FAX f717) 697-5422 RE: COMFORT SUITES - MECHANICSBURG TOTAL PRICE $12,265.60 RESIDENTIAL * COMMERCIAL • INDUSTRIAL 0 PLANNING/ ENGINEERING F , inC: e lc81 conirliml r (717) 697-5425 PA (900) 822.1185 FAX (717) 6875422 507 North York Street- a PO Box 748 + MecharSi&Ax rg, PA 17056-.0748 Date: November 17, 2008 Attn: Donald Eruwin To: IN51TE DEVELOPMENT .. K 21 Ref: C.oMFmT SwEs WST t scowees Phone;: (717) 319-1159 Fax: (717) 236-5570 We propose to furnish all labor and material necessary for the installation of the following: Per you request, 1. Rough=in 206 boxes for the added wall sconces in each of the 103 rest rooms. 2. Add 206 additional wall sconces per Choice Hotels International to 103 rest rooms. 3. Install 103 additional fixtures. Rough-in labor 140 hrs. i@ $50.00 p/h $ 7,000.00 Rough-In material $ 1,203.00 206 wail sconces $17,303:.00 Install 103 sconces- 52 hrs. @ $50.00 p/h 2,600.00 Total add for wall sconces $28,106:00 *"Note that tffe 10S pm"pmved restroom fhttifma vAII be turned OV610 tit: #0 f)Hi1f181', they aft NONIPIMI INAkE N@!I P6 Patrick P ar, Projdd Manager AN rtuuenal is gusraraeed to be as specified. All work to be completed In a Workmanlike manner acooaAng to standard pradkes. Any aReratlon or deviation from Gboc!e specifications involvino extra costs will be executed orgy upon written orders, and wr11 become an extra charge over and above the estimate. All agtesments_are contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our' worker9 are fully covered by Workmen's Compensation Insurance. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above prim., specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Terms: Net 10 days. Date of Aoceptanee: Signature: RESIDENTIAL 0 COMMERCIAL • INDUSTRIAL 9 PLANNING/ENGINEERING inC: eftw*11cal co"I rtlll ciar (717) 697-5425 PA (XQ) 882'1165 FAX 17M 697.5422 507 North York Street . PO Box 748 a Mechanicsburg, PA 17056-0748 Date: November 17, 2008 Attn: Donald Erwin To: INSITE DEVELOPMENT 21 ? Ref-, COMFORT SUITES #4 STREET .LWHT WIRIM #5 Roof top Floods Phone: (717) 319-1159 Fax: (717) 236-5570 We propose to furnish all labor and material necessary for the installation of the following: Per you request, 1. Rework existing street light wiring and extend for new entrance. Material $697.00 Labor $1.50.00 Total $847.00 2. Rough-in wire and install light stands on roof top for flood lights. Material $ 79.00 Labor $200.00 Total $279.00 Total Add $1,126.00 y 'Pelaa: Patrick Pelar Project Manager All material is guaranteed to be as apeoifild All work to be completed in a workmanfilte manner according to standard practices. Any alteration or deviation from above specifications involving sxtra.coste will be executed onty upon written orders, and will become arm extra charge over and Above the estimate. All agreements are contingent upon strAuts, accidents or delays beyond our control. Owner to carry fire, tomado and other necessary insurance. Our workers are fully covered byWakmoWs CmYq nseticn Insurance. Note: This proposal may be withdrawn by us it not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specifled. Terns: Not 10 days. Date of Acceptance: Signature: RESIDENTIAL a. COMMERCIAL • INDUSTRIAL • PLANNING/ ENGINEERING b;;c Inc. Iconiflacla" (717) 697-5425 PA (800) 822-1165 FAX (717) 697-6422 507 North York Street • PO Box 748 a Meehanicsburg, PA 17055-0748 Date: December 12, 2008 Attn: Donald Erwin To: INSITE DEVELOPMENT lighommov fa 21AMM Ahab Refj cc oirrsuffe s RlsvisW-snM 1. GHTING Phone: (717) 319-1159 Fax: (71'7) 236-5570 We propose to furnish all labor and materiel necessary for the installation of the following: Per you request, 1. Install all wiring through the existing conduits for 10- 480 volt pole lights. 2. Install all wiring through the existing conduits for 6- 277 volt flood lights, located at the front of the building. 3. Install a junction box to the existing conduit tLnd extend the conduit to the signage location and provide 480 volts for sign feed. 4. Build and wire 10 supplied pole lights and install on existing pole bases. 5. Install 6 flood lights on existing base.in front of building. 6. Lift will be provided by others. Total Add $7,956.00 Price does not include: Conduit repairs, delays from blockage In existing conduits. Anchor bolts, lamps, ballast or repairs To owner supplied fixtures or lift equipment Patrick iftlar, Project Manager AD material is guaranteed to be as specified. All work to be completed In a wvorkrtwilks Manner acdording to standard practices. Anyaiteration or deviation from above specifications involving extra costs will,be exapaetl only upon written orders, and will become an extra charge over acrd above the estimate. Ali agreements are WiVingent upon strikes, 7rccidetNs or delays beyond bur wntrol, owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's compensation Insurance. Note: This proposal maybe withdrawn by us if not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above prides, apeofication and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL* COMMERCIAL* INDUSTRIAL ! • PLANNING] ENGINEERING $07 North York Street a PO Box 748 a Mechanicsburg, PA 170W0748 inc. eNwelr 4cel corrlreclor Date: December 16, 2008 (717) 687-5425 PA (WO) $22--1765 FAX (7t7) 697-5422 Mill 0*11*11 Ref: COMFORT Surres REWORK WIRING IN 12 ROOMS' Attn: Donald Erwin To: INSITE DEVELOPMENT Phone: (717) 319-1159 Fax: (717) 236-5570 We propose to furnish all labor and material necessary for the installation of the following: Per your request, Rework wiring and communications in 12 rooms due to the relocation of the sofa- bed from one side of the room to the opposite side. (9- Widebay Kings and 3 Accessible rooms) Labor ................................................... $2,000.00 Material ................................................ 258.00 Total Add..... .......... ............................ P Patrick Pelar, Project Manager All rrtatenal is guaranteed to be as specified. All work.to. be completed in a workmanlike charmer according to standard practices. Any alteration or deviation trodt above specifications involvino extra coats wig be executed only upon written orders, and WIN become an extra Cttdrge over and above the estimate. All ayreerrfente are contingent upon strikes, accidents Or delay. beyond our cantrol. Owner to carry fire, tomado and ether necessary insurance. Our workats. are fully covered'by Workmen's Compensation Insurance. Note: This proposal maybe withdrawn by us N not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL The 'above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as speed. Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL • COMMERCIAL* INDUSTRIAL a PLANNING/ ENGINEERING 507 NOM Yolk Street ' P .O. Box 749, Mechanicsburg, PA 17055-0748 (711) 697-5425 PA (800) =-1165 FAX (717) 637-5422 K t1 14 Date: February 16, 2009 Attn: Donald Erwin To: INSITE DEVELOPMENT Phone: (717) 319-1159 Fax: (717) 236-5570 Ref; OMPQIr1RT SWES MISCELLANEOUS WORK. We propose to furnish all labor and material necessary for the installation of the following: Per your request, 1. Install conduit, wiring, fixtures, devices and FA as needed for 2 additional restrooms on the 1st floor. $2,669.00 2. Extend conduit and wiring for additional flood light locations. $1,379.00 3. Install power for washer and dryer hook-ups on the 2nd, 3`d, and 0 floors. $996,o0 4. Install power for washers and dryers, main laundry room 1 st floor. $2,019,00 5. Install recessed fixtures to handicap rest rooms, e, 3'd, and 0 floors. $1,021.00 6. Install conduit, wiring; devices, FA and data/phone to 2 additional offices. $1,862.00 7. Rework conduits to roof exhaust fans from the low voltage panel to the 277 volt panel. (equipment was changed) $337.00 Total add $10,273.00 P4%4k Patrick Pelar, Project Manager All mateilal is guaranteed to be as apelied. All work to be completed in a workmanlike manner according to. standard practices. Any alteration or deviation from above specifications invohrirr9 extra. coats wiN be executad only uptkt"Written orders, and will become an extra charge over and above the estimate. AN agreements are contingent upon strikes, accidents or delays beyond our control. Owner to Carry fire, tornado and otter necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. Note: This,proposal may be withdrawn by us if not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL -Theaboveprioea, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL • COMMERCIAL • INDUSTRIAL • PLANMNOMNGINEERING 1111 NOL IQ 507 North Vak Street - P.O. Box 748 - li losburg, PA 17055.0748 (717)687-.5425 PA (800) $22-1165 FAX (717) 607.5422 Date: March 9, 2009 Attn: Donald ErMn To: INSITE DEVELOPMENT Phone: (717) 319-1159 Fax: (717) 236-5570 Ref: COMFORT SUITES RELMAW WATCHES. We propose to furnish all labor and material necessary for the installation of the following: Per your request, Relocate switching in 3 rooms due to the door swing installed opposite of plans. Total Cost $761.00 Patrick Pelar, Project Manager All material is guaranteed to be as speofWed. All: work to be completed In a wo i~iike manner aocor&V to standard practices. Any ablation or deviation from above somMicadons. invof*fro fixtra ccsta will be executed only upon Written orders, and will become an extra chargs over and above the estimate. AA agreements are confingent upon elites, accidents or delays beyond our control. Owner to carry tire, tornado and other necessary insurance. Our wodcers are fully rdovebod by Workmen's compensation Insurance. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above prices, speoftation and conditions are satisfactory and. are hereby accepted. You are authorized to do the work as specified. Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL a COMMERCIAL • INDUSTRIAL • PLANNIN(VENOINEERING l ease W7 No th York street P.O.. Box 748, MoohsnicabUrg, PA 17OW-0748 (717) 697.5425 PA (W) 822-1165 FAX (717) 697-5422 t 0&17-21 Date: May 18, 2009 Attn: Donald Erwin To: IN31TE DEVELOPMENT Phony: (717) 319-1159 Fax: (717) 236-5570 Ref: COMFORT RTES CHANarz OREI9111IS 11 THRu 20 We propose to furnish all labor and material necessary for the installation of the following: Per your request, 1. Disconnect and reconnect power to the Fire Pump Control Panel. $225.00 2. Install power, boxes and devices for the door locks, 3 locations. $613.00 3. Install power to east and west parking garage doors. $714.00 4. Install 220 volt power and receptacle to coffee maker. $454.00 Total Add $2,006,00 Ate Ag" Patrick Pelar, Project Manager ?..?.,..., .o w• ?•,? W w a,,mn„w. ni, wu ,v ue wmprereoan a worKmamiKe manner aOCGrtling tb $t&-4W Pisoticea. Any alteration or deviation from above ep•aHiwNtom involvino wdra,oosts will be executed odty upon written QW0131, and V011 bsb&ft An extrs charge over Arid above the estimate. All agreements are contingent upon strikes,.aeckWU or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Note: This proposal may be withdrawn by us if not accepted within thirty (30) days. ACCEPTANCE OF PROPOSAL- The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized -to do the work.as spodlied, Terms: Net 10 days. Date of Acceptance: Signature: RESIDENTIAL . COMMERCIAL • INDUSTRIAL a PLANNINGIENGINEERING 61 t'1Lt-'7 C rf ;? - c c ,? ?' / ?. 4 D? dC Q. rkI' ? 27 y?? Sheriffs Office of Cumberland County R Thomas Kline r of c emLrr??D Edward L Schorpp Solicitor Sheriff Ronny R Anderson Jody S Smith Chief Deputy OFFICE o- 5I<RIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/02/2009 06:40 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2009 at 1840 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Insite Development, LLC, by making known unto Don Irwin, President at 1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/02/2009 06:40 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2009 at 1840 hours, he served a true copy of the within Mechanics' Lien Claim, upon the within named defendant, to wit: Insite Development, LLC, by making known unto Don Irwin, President at 1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. The defendant was not availble at 2055 Technology Parkway, Mechanicsburg, Pennsylvania. SHERIFF COST: $53.00 June 04, 2009 SO ANSWERS, e00VAV4r,0< 7 R THOMAS KLINE, SHERIFF if c2puer 2009-3538 BBF)C, Inc. V Insite Development, LLC f- O M- f ?? C r _n Fn c n wlJ ? i "< Michael W. Winfield, Esquire Attorney I.D. No. 72680 Kelly H. Decker, Esquire Attorney I.D. No. 84886 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Claimant BBEC, INC., Claimant, v. INSITE DEVELOPMENT, LLC d/b/a INSITE DEVELOPMENT, Owner(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW MECHANICS LIEN NO. 2009-3538 AFFIDAVIT OF SERVICE Attached hereto is a true and correct copy of the Sheriffs Return of Service of the Mechanics' Lien Claim which was served upon the above-referenced property owner on June 2, 2009. BROADS & SINON LLP By: Kelly H. D er One South arket Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Claimant 745312.1 Sheriff s Office of Cumberland County R Thomas Kline ~m~,sxtir ct ~u~nbrr/~~e Edward L Schorpp Sheriff ~' Solicitor ~Y Ronny R Anderson "'~ Jod S Smith Chie De u GFFiCE QF THE $}iERIFF y .~ P t3' Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/02/2009 06:40 PM -Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2009 at 1840 hours, he served a true copy of the within Mechanics' Lien Claim, upon the vu~ithin named defendant, to wit: Insite Development, LLC, by making known unto Don Irwin, President at~',1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. ', 06/02/2009 06:40 PM -Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2009 at 1840 hours, he served a true copy of the within Mechanics' Lien Claim, upon the v~ithin named defendant, to wit: Insite Development, LLC, by making known unto Don Irwin, President at~1943 Monterey Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. The defendant was mot availble at 2055 Technology Parkway, Mechanicsburg, Pennsylvania. SHERIFF COST: $53.00 .S,"~rO~AN~SLWERS, June 04, 2009 R THOMAS KLINE, SHERIFF U~ Deputy Sherif 2009-3538 BBE~C, Inc. v Insite Developnent, LLC CERTIFICATE OF SERVICE I hereby certify that on June 11, 2009, a true and correct copy of the Affidavit of Service was served by means of United States mail, first class, postage prepaid, upon the following: Donald Erwin, President Insite Development, LLC 1943 Monterey Drive Mechanicsburg, PA 17055 Kelly .Dec 745312.1 1 ~'_rl:_r r'*C .-i vi ~ "I~r;-. ~r ZQ,~i9 J'•~id 12 Pr9 3~ 37 CU~~i= - . v;~;~~.