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HomeMy WebLinkAbout95-03010 ...... 01 . ,.nencan o.~"-neVS h;p rou.> r) . l'lonoo ,) I') \ ' (( I I 1\ I' I'll, \ 'J"l..l'\ CONTRACTOR'S WAIVER OF LIENS AG~r TIllS AGREEMENT. made and concluded this .all day of April 19 'l'i , between CROWN AMERICAN FINANCING PARTNERSIIlP with an addreBS of Joiiilstown. Pennsylvania ("owner/Conatruction Agent"). andnatf'wav Envlr onm<:!ntal ContractorH. Inc, ("Contractor"), Whareas by a duly exacuted written purchase order (the "Purchase Order"), a copy of which is attached hereto aa Exhibit "A" and the proviaions of which are made a part hereof as if fully set forth herein, Owner/Conatruction Agent and Contractor have contracted for the erection. construction and completion of capl t.al City #500 (the "Improvements") to be erected on real astate described in Exhibit "B" attached (the "PropertY")1 and Whereas by ;:lie t&rms of the Purcl>an nrder: Contractor has convenanted. promised and agreed that no mechanics or materialmen's lien or claima would be filed or maintained against the Property or any part thereof either by himself or anyone else for or on account of any work. labor or materials supplied in the performance of the Purchase Order. or under any supplemental contract or for extra work. in the erection, construction or completion of the Improvements on the Property. NOW TIllS AGREEMENT WITNES5ETllI 1. The Contractor. for himself and anyone else acting or claiming through or under him, for and in conaideration of the purchase Order and the consl,dtrations mentioned therein, alld in orders to permit the owner/Con~truction Alent to procure the making of one or more loans on the Improvements and the Property and intending to be legally bound hereby, dOel hereby waiver. release, relinquish and quitclaim in favor of the Owner/Construction Alent and each and every lendar on the Property and lmprovementl, all right to lien. claim or notice of intention t', lile any lien or claim. and does hereby covenant. promise and aar.. that no lien or claim of any kind whatsoever shall be filed or maintained aaainet the Improvements or the estate or title of Owner/Construction Aaent in thil Propert}' t>~, or in the name of Contractor or any subcontractor, materialmen or laborers for work done or materials furnished under the Purchase Order or by any other perty acting through or under them or any of them for and about the Improvements or the Property or any part thereof. Dr on credit thereof. and that all subcontractors. matarialman. and laborers on the work shall look to and hold Contractor personally liable for payment of all subcontractors. materials furnished and work and labor done. so that there Ihall not be any leaal or lawful claim of any kihd whatever against OWllftr/Conltruction Aaent for any work dona or labor or materials furnished pllrBuant to the Purchase Order for and about the erection. construction and completiun of the Improvements. or under any contract or chanle order for extra work. or for work supplemental thereto or utheIVise. 2, This Agreement waiving the right of lien ahall be an independent covenent and shall operate and be effective 88 well with respect to work done and materials furnished under any supplemental contract or change order for extra work in the erection. construction and completion of the Improvements as to any work and labor done and materials furnished pursuant to the Purchase Order. and shall bind all succesaors and assigns of the Contractor. The Contractor agrees that it has not and. will not assign its claim for payment under the Purchase Order. ], In the event Contractor consists of more than one person, firm or corporation. the undertakings hereunder of each of such persons. firms or corporations shall be joint and several. and the word "Contractor" shall mean all or some or any of them, For purposes of this Agreement. tha singular shall be deemed to include the plural. and the nauter shall be deemed to include the masculine and feminine. as the .:r,lIt.l'xt may require. IN WITNESS WHEREOF. ~hair hand and seal dated .\ the Contractor has hereunto set (its) the day and year first above written. (his) CONTRACTOR: at~ Gi1t':!\Iay Envl't',onmental Contractors, Grq or H Cieslinski, President f (If Owner or Construction Agent or Contractor is a corporation. this agreement should be executed by its President or Vice President. and its Secretary or Treasurer. and the corporate seal impresaed, If either is a partnership, all partnera should execute this agreement: and if either is an individual or partnership. all signatures should be witneued, ) Inc, STATE OF PennsYlva\t'lla ) ) COUNTY OF Alleglleny ) Personally appeared before me. the undersigned, a Notary Public, in and for said County and State, Gregory H. Clesl inskl of Gateway Envlr onm",nWhq acknowledged that he did sign and seal the foregoing instrument for. and on behalf of. said Ga tewa Y Env I ronl'\enta 1 being thereunto duly authorized to do so and that the serne is the free act and deed BI such officer and the free act and deed of said Gateway Envlroljl'lent:ilI Contractors, Inc. this I~~rrHONY IoIHEREOF.. I h~v~, hereunto set,!1!1l /' / day of ('i'/'IC { . 19~, / hand and official seal Ii ___-.,. / . -, / . tfcd-( A< >0f.,//j/.,~.L><----- Notary Public Pa<JA =~IIYN*' J pun Born,lJugl MY C"..lty MvConlll"\&lOfIF,,",rv~A'.p :?fi I~ li1 _}t, Of.~ ilI\ilA.:itKnabol\oINut.I/\tt8 Page 2 of 12 PURCHASE ORDER NO, 5158-0001 as well as properly coordinating with the agencies effected, Contractor will mobilize the week of March 27, 1995, in order to promptly co","ence abatement operation on April 3, 1995, for completion bond certificate before April 28, 1995, TOTAL $ .I!!!!!I - Ib) Employee parking areas and contractor 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. lc) 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 job 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. Id) Submittals: Submit i","ediately, but not later than the submittal due date(s) shown below, eight (8) copies each of all shop draw; ngs I cat a log cuts, materia 1 samp 1 es, etc. as may be requ i red 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) sefiAs 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 $50.00 for each photocopy or reproducible made by Crown American. All samrles must have job name and store name on area clearly indicated with subm ttal date, Send To Crown American Proj, Mgr, Crown American Field Superintendent 2. COST BREAKDOWN: For invoicing purposes, you shall use the following cost breakdown on A,I,A. form No. G703: Submittal Penni ts/ Not Hi cat ions Due Date No. of Copies I","ediately 2 1 Item Cost Acc't, Description Area Amount 1 17110 Asbestos Abatement $- calus........... $ Accepted this 2S-. day of/b~ 1995, b Page 3 of 12 PURCHASE ORDER NO, 5158-0001 3. CONTRACTOR'S OBLIGATIONS: 3a) Securi ty: Security guard services wi 11 be furnished by Crown American; however, security costs 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, 3b) Schedules: You shall properly man the project at all times so as to meet and maintain the attached construction schedule issued b:r Crown American and all subsequent issues of same. or as di recte 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 cOl1lllence perfonnance 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 the completion of the Project, If the Contractor does not complete the contract work upon notice as aforesaid. or if the said work is not perfonned 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 facil ities 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 completedt even though the Contractor has acted under the notice but has fai led to continue to do so uninterruptedly until complete performance thereof, Contractor shall work overtime. Saturdays and Sundays at the di rect i on 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 di rected by the owner so as to ensure the owner or to obtain the earliest possible completion of the Project. even though the rate of progress at the time any directions are given may be further advanced than that anticipated in any schedule previously furnished in connection with the perfonnance 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 Accepted this ~ day Of~~ 1995. / Page 4 of 12 PURCHASE ORDER NO. 5158-0001 operations by others will not be delayed or Interfered with, but fat Is to cause such progress, the Owner may, wi thout any nott ce to Contractor, pennit such operations by others to proceed even though the perfonnance thereof will resu It I n the contractor I s being requ I red to cut and patch and othe~ise repair or restore the work of said ensuing operations by others in order to Install 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 condtt ions set furth in the paragraph are present, the Owner shall be under no obI tgation to give the Contractor any of the notices ehewhere provided for in this contract, and the rights granted tn this paragraph shall be In addition to all other rights granted in this contract, 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 uf and the reason(s) for same, as well as the appropriate act Ion you will take to meet schedules. 3c) Job Conferences. H_ Regular weekly job conference meetings will be conducted on ,fte by Crown Amert can' s Project Manager and/or Construct Ion Supervisor at Crown American's job trailer. All meetings are tentatively scheduled for every Wednesdayat 1100 throughout the duration of this project, You will be required to be proferlY represented at each and every meeting, Crown American's Construct on Supervisor's name, address, and telephone number are listed in the "Ship To" infonnation on page 1 of this Purchase Order. 3d) Field Measurementsl 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 be responsible to notify Crown Amertcan'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 Construction Documents. As part of this contract, you wi 11 be prov I ded with one (1) set of blue line prints of drawings and one JI) photocopy of speCifications. addenda, and bulletins as per the rawlng and specl ication lists attached hereto, It is your res pons I bil t ty at your sole cost and expense to make any and all copt es of the const ructi on documellts as requl red for r,our use as we II as that of your supp li ers, subcont ractors, etc. For 'u-built" drawings, Crown American wt 11 provide you w th one (1) Accepted this 1!i... day Of~ 1995, / /r) b / / Page 5 of 12 PURCHASE ORDER NO, 5158-0001 reproducible sepia set of. drawings to be returned to Crown American with your as-built notations thereon, (See section 5a) herein), You must request these in writing from the project manager, 4, TEMPORARY SERVICES 4a) You shall provide your own sanitary, telefhone, water, and temporary electrical facil ities and other temporary uti Hies 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)/trailer(s), shall be billed to and paid by Crown American. 5, AS-BUILT DRAWINGS: Sa) Upon completion of your scope of work, you shall furnish to the Project Manager one set of reproducible as-built drawings, No retainages withheld will be released until the as-built drawings have been received. 6, JURISDICTIONAL DISPUTES (TRADES OR CRAFTS): 6a) All jurisdictional disputes arising on this project in connection with the crafts for this work and/or the furnishing of this material shall be adjusted and settled by the National Joint Board of Settlement of Jurisdiction Disputes in the Building and Construction Industry onl/' However, Contractor shall be responsible for the continuance 0 work while said disputes are pending, This paragraph takes precedence over any specifications, 7, CLAIMS AND/OR DISPUTES: 7a) All claims, disputes and other matters in question between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach thereof shall be decided by coordination and negotiation between the parties, All attempts should be made to have all disputes settled within seven (7) days written notice of dispute or claim, However, contractor shall be responsible for the continuance of work, This paragraph take precedence over any specifications. 8, PLANS AND SPECIFICATIONS: 8a) Your scope(s) of work shall confonn to the plans and specifications which are hereby incorporated as part of this contract, as enumerated on the attached Drawing and Specification Listing. Accepted this ~ day Of~~ 1995, b Page 6 of 12 PURCHASE OROER NO. 5158-0001 8b) There will be no devIations, additions, deletions, etc, from the plans and specifications without the written authorization of Crown American's Facilities Planning Olvision, g. PAYHENTSI gal Invoi c i ng I All applications for payments shall be prepared in triplicate on AlA G-702 and G-703 fonns and shall be presented to Crown Amertcan's Construction Supervisor and Project Hanager on s He for verlficat ion and signature prior to submittal, Submit monthly appltcations for payment in triplicate, properly verified, notarized and accompanied by a notarized Affidavit and Release statement from you and all subcontractors and suppliers that you have employed, to Crown American, Attent ionl Accounting Department, (The Accounting Department wt 11 submit invoices to the Project Manager for his final approva1.) All invoices must reference the Purchase Order Number and item number to which it applies, No one tnvoice shall reference two separate Purchase Orders and retainage payments must be invoiced separate with Final Affidavit and Release, Applications for payment must be reviewed by the contractor, Crown Amerlcan's Construct Ion Supervisor and Project Manager by the 26th of each month. The a~l!roved payment documents will be forwarded to Crown by the Project Hanager. Checks for rayment will be mailed a maximum of 45 days upon receipt. Those rayment appl cations rejected shall be revised by the contractor and resubmi ted by OVERNIGHT MAIL to the Project Hanager at the Crown American office, prior to the 30th of the month to insure payment within the crcle lIS outlined In the example below. Ten percent (10%) retainage wil be withheld pending completion of scope of work and Crown's approval of completed work, 9b) Retainagesl No retainages will be released until such time that the followtng has been received by Crown American's Project Hanagerl 1) All work has been completed and approved by Crown American and the Architect(s) per plans and specifications, 2) Your written guarantee pursuant to paragraph 11 hereof, notarized and witnessed, has been received along with your final Waiver of liens properly executed and notarized. 63:1 As-Built drawings have been received. You have billed separately for the retainage. Equipment guarantees/warranties. Final vendor list and statement of payments status of each vendor, 7) Approval of final punch list. Accepted this ~ day of~~h 1995, CROWN AHERICAN FINANCING PARTNERSHIP BYI CROWN AHERICAN PROPERTIES, l.P, AGENT ctr::.. i BY mo y Senior P ..---.) Page 7 of 12 PURCHASE OROER NO, 5158-0001 You may invoice for any retainages withheld thirty (30) days after sat i sfactory compl eti on of your scope of work, Cert; ficates are payable as delineated in the aforementioned invoicing paragraph, 9c) Waiver of Liens, Subordination of Liens or Right to Lien: Contractor must: (1) execute and have notarized and submit a Partial Waiver of Liens fonn 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 waiver, and (2) Contractor must also submit a Final Waiver of Liens upon completion of all work, and acceptance by Owner, as a cond it i on to release of any reta i nage due to Contractor, In any event and under all circumstances, Contractor hereby agrees that any 1 ien or claim which Contractor 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 Securl ty 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 interest thereon, and a 11 renewals, repl acements, modi fications, conso lidat ions, or extensions thereof, and as against said Mortgage, Deed of Trust, or Security Deed, Contractor does waive the priority of any and all claims or liens which Contractor may have otherwise had for past, present, or future materials or services placed in or upon or perfonned upon said property, The provis ions of thi s paragraph shall be self-operat ive 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 desi re confinnation of such Subordination of Lien rights, Contractor upon written request, and from time to time, will execute and deliver without charge and in form satisfactory to such lender all instruments 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, inwnediately 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 detai I 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. Accepted this ~ day Of~~ 1995, / by. ' CROWN AMERICAN FINANCING PARTNERSHIP BY: CROWN AMERICAN PROPERTIES, l,P. AGENT ~ Page 8 of 12 PURCIlASE ORDER NO, 5158-0001 Adjustments in the contract amount or contract time, if any, resulting from such changes shoal 1 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, Construction Supervisors are not authorized to approve extras. They must be approved by Nicholas J, Pasquerilla or the Project Manager, a Facilities Planning in-house staff member, NO FIELD CHANGES SHALL BE PERFORMED, EXCEPT BY WRITTEN AUTIlORIZATION FROM CROWN AMERICAN IlOME OFFICE. Any work required and authorized will carry a maximum total contractor's overhead and profit of 10%, No reimbursement wi 11 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, emp 1 oyees, or subcontractors or materials suppliers, ge) Liquidated Damages: Your failure to deliver shop drawings, catalog cuts, material samples, etc. as scheduled with the Project Manager or within twenty (20) days if not specified in this Purchase Order will result In a late day penalty of $100,OO/day and will be calculated upon the number of days the material arrives late beyond that date shown on the construction schedule, Fail ure on your part to properly rerform your scope of work pursuant to the construction schedule sha I result in a penalty of seven hundred fifty dollars ($750,OO)/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 Engineer. 10, INSURANCE lOa) Contractor's insurance must meet Crown American's minimum requ i rements: 1, Comprehensive General Liability, Including coverages for Contractual Liability, and Products-Completed Operations, and Explosion, Collapse, and Underground with at least two Accepted this ~ day o~ 1995, by Page 9 of 12 PURCHASE ORDER NO, 5158-0001 (2) Million ($2,000,QOO) combined single limit per occurrence, If contractor's liability Insurance policy Is on the new 1986 ISO Form, then It must: (Al Have the Owner's and Contractors Protective form. (B For blasting contractors; have blasting operation not excluded from coverages, II, Automobile Liability, with at least five 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 certificate of insurance should list the Crown entity as shown of the signature line below, IV, Workers I Compensation for all states in which contractor shall be performing for Crown American and shall be subscriber to and In good standing with the respective State's Worker Compensation Fund, lOb) A valid Certificate of Insurance must be provided IllI11ediately to Crown American prior to any performance under this Purchase Order, but not later than ten (10) days from the date of this Purchase Order. It shall: I, Certify all coverages required In Paragraph lOa above have been met. II. Provide that Crown American shall receive written notice at least thirty (301 days In advance of any cancellation or material alterat on of the policy. 11. BONDS: 11a) Provide 100\ Performance and Payment bonds and one (1) year maintenance guarantee with surety. Cost to be separate In paragraph 2, Billing, for possible deduct by Crown American, 12, GUARANTEES: 12a) You shall be responsible for a one (1) year minimum guarantee and In some cases, a longer period as required by the specifications. No retainages withheld wl11 be released until such time that your written guarantee and equipment warranties are sent - two (2) copies each to the Project Manager - and accefted by Crown American, The start date of the guarantee period sha I be not sooner than the publicized opening date by the Owner of this project and must appear in this document, as must the date of expl ration of your guarantee. Equipment guarantees/warranties must have the model, serial, and unit numbers shown for Identification, along with the project name, Accepted this ~ d Y Of~ 1995, CROWN AMERICAN FINANCING PARTNERSHIP 'j BY: CROWN AMERICAN PROPERTIES, L.P, / / AGENT rJ:i:;, BY mo y Senior P Page 10 of 12 PURCHASE ORDER NO. 5158-0001 13, SAFETY I 13a) You are to appoint a job site "Safety 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 maintaining your own Safety Programs, Be aware that although you are contracted by Crown American to perfonn certain work, you are still respons ibl e for mai ntai ning a Safety Program that agrees wi th OSHA Regulations, You will be responsible for any fines levied against you for noncompliance, and also will be responsible for any lost construction time due to your own negl igence in this matter and shall hold Crown American hannless as provided for in Paragraph 14 below, You are to provide all needed safety items as required for your phase of work. This includes but is not limited to all safety barricades, daily clean-up of debris and removal of same and providing other pedestrian restriction devices needed to avoid accident or injury. Any damages or injury caused by your work will be your liability. The Contractor shall take all reasonable precautions with respect to his work; shall comply with all safety measures initiated by the (),omer/Construction Agent and with all applicable laws, ordinances, rules, regulations, and orders of any publ ic authority for the safety of persons or property in accordance with the requirements of the contract documents. The Contractot.shall report within three (3) days to the (),omer/Construction Agent any injury to any of the Contractor's employees at the site, 14. ALCOHOL AND CONTROLLED SUBSTANCES: 14a) Acceptance of this purchase order will hold you, the contractor, responsible for the acts/actions of your crew members under your employ while at the job site. No controlled substances or alcohol will be pennitted on any Crown American job sites, Individuals found to possess and/or be under the influence of controlled substances or alcohol mar be prosecuted by local authorities and will be deemed to be a substantia violation of this contract and wi 11 be valid grounds for the illlllediate tennination of this contract, should Crown American, in its sole d iscret i on, so detenni ne, Any fees, i nc1 ud i ng 1 ega 1 fees I will be the responsibility of the contractor, 15. INDEMNIFICATION: 15a) Contractor will defend and wi 11 indemnify Crown American, the Archi ted, and the Owner, thei r agents, servants, and employees and save them hannless from and against any and all claims, actions, damages, 11 abil ity, and expense (i nc 1 ud i ng, but not Ii mi ted to attorney's fees and disbursements) in connection with the loss of life, personal injury, loss by reason of acci dent, i nfri ngement of patents, or damage to property or business, arising from, related to, or in connection with the Contractor's perfonnance of work pursuant to this purchase order, or in connection with any part of Crown American's or the (),omer's Accepted this ~ day Of~~ 1995, CROWN AMERICAN FINANCING PARTNERSH / BY: CROWN ~CAN PROPER ,L, ~ AGENT ~ ~ BY Page 11 of 12 PURCHASE ORDER NO, 5158-0001 property, real personal, or: otherwise, occasioned wholly or in part by act or omiss Ion of Contractor, its subcontractors, agents, servants, or employ~esl or their respective agents, servants, or employees, 16, ASSIGNMENT: 16a) This purchase order shall not be assigned, nor any portion of the work described herein be subcontracted to anyone other than the entity named hereon, without written authorization and approval of the owner. Provided however, Crown American is expressly pennltted to assign its rights' under this Purchase Order as collateral for any financing contemplated by Crown American, 17, OWNER'S/CONSTRUCTION AGENT'S RIGHT TO CARRY OUT THE WORK: 17a) If the contractor defaults In or is guilty or a substantial violation of the tenns hereof or fails to perfonn any provision of the contract, the Owner may, after three (3) days written notice to the contractor and without prejudice to any other remedy he may have, may in its sole discretion and without any obligation to do so, make good said deficiencies in any such defaults, In such case an appropriate change order shall be issued deduct i ng from the payments then or thereafter due the contractor the cost of correcting such deficiencies, includfrig the cost of the Owner's additional services made necessary by such default, neglect or failure, If the payments then or thereafter due the contractor are not sufficient to cover such amount, the contractor shall pay the difference to the Owner, 18, TERMINATION OF THE CONTRACT: Tennination by the Owner/Construction Agent 18a) If the contractor is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to subcontractors or for materials or labor, or persistently disregards laws, ordinances, rules, regulations or orders of any publ ic authority having jurisdiction, or otherwise is guilty of a substantial violation of the provisions of the contract documents, then the Owner/Construction Agent upon certification may without prejudice to any right to remedy, and after giving the contractor and his surety, if any, three (3) days written not i ce, tenni nate the employment of the cont ractor and take possess i on of the site and of all materials, equipment, and machinery thereon owned by the contractor and he may finish the work by whatever method he may deem expedient, In such case, the contractor shall not be entitled to receive any further payment until the work is finished, Accepted this ~ day of~h 1995, CROWN AMERICAN FINANCING PARTNERSHIP BY: CROWN AMERICAN PROPERTIES, l,P ) AGENT ~ b /' BY 0; k Page 12 of 12 PURCHASE ORDER NO, 515B-000I THIS CONTRACT/PURCHASE ORDER REPRESENTS THE ENTIRE AND INTEGRATED AGREEMENT BETWEEN THE PARTIES IlERETO AND 'SUPERSEDES PRIOR NEGOTIATIONS OR AGREEMENTS, EITHER WRITTEN OR ORAL, 19, CONTRACT DOCUMENTS The following attachments are hereby incorporated as a part of this purchase orderl I, Partial Waiver of Liens Agreement 2. Final Waiver of Liens Agreement 3, AlA Forms G702 & G703 4, Other, A, 515B0001/FACPLAN7/0RDERS GENERAL NOTES 1. Provide your own weather protection to do your work. This protection is to be reviewed with the Project Manager and Crown American's Field Superintendent prior to installation and shall remain in place until work area is completed and protected from the weather, .. Blocking - All blocking wood or metal as required is included for rooms, partitions, aluminum framing, roofs, skylights, toilet rooms, etc, 2. 3. When required furnish and install black iron ceiling bracing. Hang only from panel points of joists and truss top cord only not bottom cords. Do not hang from roof deck, Schedule - Crown American's start and finish dates may vary from this purchase order, There will be no additional cost to Crown American due to these schedule changes, 4. Accepted this ~ day 0 / 1995, CROWN AMERICAN fINANCING PARTNERSHIP BY, CROWN AHERICAN PROPERTIES, L.P AGENT ~ BY b CAl'ITAL CI'lY ' EXHIlIIT "10." pllrcel 1 ' 0101.1. 11"'T ctl\TAtN tract at p"n:el of lauui 8ituate ln the Tawnahitl of Lo\lar lo.11tln, CUulILV uf CUlOb\lrlond, CcllllDUUw.dth of PeunayLvania. DOn lIutlcularly bounded ADd ducrlbed IUI fo IlolJll to vit I DCC1NNtNa ot a IJOLnC un tll.. North..rn llIcht-or-Way U".. of Hal"t:r.daIe Ddve at the tamh'u" 01 23 CU<:lt l'l1dlus ccnnaetilll the Northern Iln. of Hart:dale Ddve ulth the W,,"LUI1l 11.." uf ClIp ita I lIall Drhel t1l1tnee do"" th. Northern &i,llI:-of-W&Y Ilne of ~rndala Drive. Sautll '3 degn.. Ulllnutea,U IIlcolll1l lleat. a dlatance of :ll!:l\l.n fcot to a point I t1IC11Ctl llIuna IL curve. curvilll ta the daht: havtna a chord bearim:. Nu\'tJ\ U'J dnn.. 28 lIinutes 58 a.canda West. e dlltance of 111,89 bec. a ndl.... of 45,00 and on ate l.....th of IIB,24 feat: to a paint 011 th. Eutem Jl1ahc-of-way l1ue uC Zl....""",n Drlvel tllcnce aloDg the Zlmmenw\ DriVe Rlcht-of-Way Une. North 39 dc\:rec:o 51. Idnutc:a 1& lIeCOluioo Wellc. a dlJoCDllCa of 889.62 feet 1:0 a polnt on. tha lluuLh..ru lIIv.ht-Of-llay line of new U,S, lIoutt 151 tIw1ce In a Nos:theuterly dl.'oetiul1 010lll; .ahi U,ht-of-Way tl1a follolilnl callnU and dlaCllnetlll. \Iorth ~5 dc~rcc>> III .Inutel 21 seconds Cast. a d~unce at W,31l feet: to a po1ntl tIIence allll1l1 " curve, cuNina to the left bavtna a chord burilll Harth. U d8anes 119 .lllutu.. 411 e.ccnds East, a dlatance of 3119.06 feet, e nliiua of 3678.811 feet and .... arc lenath of 399.211 teet to a po1ntl thence South 511 dq";....511 .1nucU 44 .aconds KnAt. a dletonco of 311I,11I11 feet to a polotl thence alOlll a Curie. curtiDI to tha left h..vLN1 & cboni bc..ri..... Hord> 37 dcc-rcu 1II~ .inue.. 31 a~ Eaac. .. .IIMI."",:. ur 2'b,17 hat.:, & ndLua of 3708,80 fllac lUlIi.aD arc leoath. of 2511.22 het to a palntl thance Bauth 54 daanes 54 Ilinut.. 14 .lICDada Eut. II dllltanc.. of 20,11I11 tnt1I, t:o . puintl Wan!:1I alone a curva. curvLlll to thtI lett baV1a& a ~ burlnC. MOL.th 32 daltllU 55 .lnutes e9 .ecctUb Eaat, a dl.UIica of 283.111 feet. a ndlua of 17ZR,R0 fUllt 81\11 an arc Lancth of 283.36 feae to a palntl ~"...,~.. Bouch 5; dec'ca.. \!1 .1..lltK" 21 IIl1COndl1 Edt. II dlatanca of lB.H fut to II polntl tb8nc. 10r:tl1 31 d.."r..... 11I5 aLnut... 34 aaconda Eut. Ii dlsUIlC8 of 395,21 f.at tp a paincl thanctl dun" & """"., cunolfta to t:b.a dahc, ....vlDtr II c:bard b...d..... Wacth 3ll dapwa. III alnutea 36 aeconda Ea.t.:. a dbl:llDce of 13,26 fnt. . ndlua of '511.710 fnt .Dd IJCL anI 1PJ\ltll of 13,27 fe.t to a polntl t1>-"... Norch 55 clqra.. III Il1aut.. n allCCll<b WoIn. . dlatanea at 2l!I.ee teet to . po1ntl thmca alllllll a cus:v.. cunlna to tha daht havLuc . c:bDrd bcartna, North 47 de1:nu 53 .lnutea 38 .acauda !aIIt. II dlRtonce at 11111,79 felll:, II redlu. of 3711l.7~ fee. and en arc lanath of 1111.13 feet I:IJ /I \l<lIULI cIwn..... \Iortll 29 dacnes 11I11 .innt.. :1.3 .1CDllIiI WeIIc. a dlIIUIICIl of 36.1Il1l C....I, I'" . pnLncl thane.. alone .. cane, =LllI CD the dlht baYlna II chard burlna. KurU. '1 .Jc~e"" 511 .Lnue_ U aeccada E:aae. ... dbl:llMA oe 15.3" f..c. II ~acI1ua of ',llr..7'. faot and lIll IIrn \ength of 15.34 feet to II palntl tbanca North 113 c1aanu 14 .llIuLea 57 .e<:onda EMIl!:. a dlatanell of 85.5~ fHt to . palnt:1 theaca alaoc II curve, "'UL"Ilu" Lu lb. lert blIvlna a cI10rd burin.. IIorch Illl clacneJI 1!1 .lnut.. 51 etlCClnda Eo&ttL. e dlatanCII of 4101.25 fn\;, II radius of 3811.~4 lUlIi en IlR l....th of ....27 feae lD II' polntl tllllDC1I luvilll tile Boutham lU;ht-of-\lay llne of new U.S. Ilout. ~ and to Ilowlna the We:ltlm1 Richc-Of-way 1l1U!l of Capital llall Drive tha followlna COllrsU 81\11 dlaun""". .IUUC II curve. CUrlinI to the dlbt bavllll . chord burina. SOUth 6! dOli..... ~I, ainu"". 111 ....comda taa.. II dlatallC& ..I ~79,1I9 I_t. e null.... al ~U .33 CII"L IIIllI IUl ere laulelt of 511lB.51, fut to . pointl tIum<:e Ilouth 51 ~.. :58 .ll\utca 37 ICCOnda tant, . dL"cance of UlQ.B7 faet to . paLntI .,,_... llorth 58 d~n:03 U "mut... 1:1 ...conde t:aat. " dlstallc" Df U.1lII f..t to II po1nCI thane. on · curve, c:1lt'"fIn; to the \Kft havtnc a choni beuLna. South 4:t cllIas:eu 51 .1nuCt121 U """"" Us E..at. . <lllltJUlCa of 174.51 feee, a radlua of ~48, 710 fllee and an arc Ie:n&th ot \l~ .63 het tu "p,,'"tl tllW1C" South 54 delreu 8~ nlnuc.lI 07 ..caads ENe. " ,11"11111I'. lit 1116.114 hac to a pointl theeee on a curve. C1Irv1n& to thll dcht baV\nc Q ,,11uC'd b...rina. SOUcJ\ 1.8 do"".ea 29 Iliuuto:> 42 0'- t..... .. dlJlt:a=e al! U19,75 fuct, IS tndlUll of ~64,96 teet and IUl "l"e lentth of 1119,92 feet to a paincl thence Buutl, 4. d"CI'cU 55 I..nut~a 16 ...ccnda E,,"t. II dlst...ce of 76.35 f.et tn . paLntl tHCllr:C !,)o\llh )0 dIlUt... l.t7 II1nut.C9 3B seccndS ust I . dllcance ot 337. 4b teet to a VULlltj thrnc~ ..IUll~ a curv!!, curvlDC to t.tl rt&bt hlvtn8 . chcrtl beanUI. !!IiQuth "B r.J ;t,.. ~ 1:- !:j. ;iI <I..J 5 lU ~ ~I .- r:: r, r) "J ":1 "b.. .. 0,1 C'.J 'l..Jl "') ..f 'i- ^ ~, ,-: ';" , r ~ - t, ~,