HomeMy WebLinkAbout199 Towne Center Cir #U 12-1326APR 9 2012
CITY OF SANFORD
BUILDING & FIRE PREVENTION
PERMIT APPLICATION
Application No: Documented Construction Value: -oa
Job Address: l°I�l t W' inn ��r'`� j _771 Historic District: Yes ❑
Parcel ID:
.- Description of Work:
/Plan Review Contact Person:
A nvk-
,PHone: �1 �� ZLi� - 3 S Fax:
I-- Property Owi
Name m ►nvl 2 J()1Q CEA�2
Street: BCD 0 _F0 wV)e nCj k
City, State Zip: 5 V) J0A.1 " rL Z 711
Zoning:
No ❑
Title:
E-mail: 6lYl VP1_d,-Q (CAffIN
n g6t'M1_A%[ tv •
Phone. (4 Ui AZS— q 3
Resident of property? : t.)
L Contractor Information
Name �e�iTz S+y ( ` �0-a
Street: 16 C7 � O atA 1D(Lf 1J '-
City, State Zip: rM G VQ u F GL� . `i- � : 6 2
Phone: (Ci f-4) u
Fax:
State License No.: 5" t c�ci " Y GLb V'_
Arc�hitectlEngineer Information
Name: S c, vie QI -C', & n— Phone
Street:
City, St, Zip:
Bonding Company:
Address:
Fax:
E -mail: �- nA l S h i t6 sio b 0 t. to n
Mortgage Lender: IJ 11 A
Address-
PERMIT INFORMATION
Building Permit ❑
Square Footage: 30 Construction Type: No. of Stories:
No. of Dwellin Units: Flood Zone: ,ql{ 0 l Pic) <3
Electrical ❑/'� '� 1 Plumbing
New ervice - No. of AMPS: New Construction - No. of Fixtures: 11jr110r";; f9 %aL�
Mechanical ❑ (Duct layout required for new systems) Fire Sprinkler /Alarm ❑ No. of heads: /� f
Jv^^1 19
Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no
work or installation has commenced prior to the issuance of a permit and that all work will be performed to
meet standards of all laws regulating construction in this jurisdiction. I understand that a separate permit
must be secured for electrical work, plumbing, signs, wells, pools, furnaces, boilers, heaters, tanks, and
air conditioners, etc.
OWNER'S AFFIDAVIT: I certify that all of the foregoing information is accurate and that all work will
be done in compliance with all applicable laws regulating construction and zoning.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY
RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE
OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE
FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this
property that may be found in the public records of this county, and there may be additional permits required
from other governmental entities such as water management districts, state agencies, or federal agencies.
Acceptance of permit is verification that I will notify the owner of the property of the requirements of Florida
Lien Law, FS 713.
The City of Sanford requires payment of a plan review fee. A copy of the executed contract is required in order
to calculate a plan review charge. If the executed contract is not submitted, we reserve the right to calculate the
plan review fee based on past permit activity levels. Should calculated charges exceed the documented
construction value when the executed contract is submitted, credit will be applied to your p it fees when the
permit is released.
5igna a of Cwn r/A ent Date Signature of Contra or /Agent Date
(eivlfo-s
Print or /Agent's Name t ontrartor /Agent's e
signature of Notary -Sta of 41oij — Date Signature of Notary-State of Florida Date
Known to Me or
Produced ID Type of ID
APPROVALS: ZONING:
ENGINEERING:
COMMENTS:
Rev 11.08
,tOt1SB16li6iil /t,�
Contractor /Agent..V�'� ow ttoM e or
Produced ID
UTILITIES: _Y1✓R - `�� iO� 12
-TTFIRE:
e
LAUWA WIC
Notary Public - State of Florida
My Comm. Expires Sep 16, 2015
Commission # EE 96706
Known to Me or
Produced ID Type of ID
APPROVALS: ZONING:
ENGINEERING:
COMMENTS:
Rev 11.08
,tOt1SB16li6iil /t,�
Contractor /Agent..V�'� ow ttoM e or
Produced ID
UTILITIES: _Y1✓R - `�� iO� 12
-TTFIRE:
e
Permit No. �� 13a.
Tax S Lvv -Of 00 -• 0000
NOTICE OF COMMENCEMENT
State of Florida
County of Seminole
The undersigned hereby gives notice that improvement
will be made to certain real property, and in accordance
with Chapter 713, Florida Statutes, the following
information is provided in this Notice of Commencement.
of property: Slegal description of the property, and street
1 Ot-YDC fi�,- Ce A d e- _ _e_,,5z ,4ev
2. General description of improvement: 0 /6
3. Owner information tame: A GA yn, e a e
Address: �'tj l dill Yi (_r./ E k (1r� k 1l,l $.
b. Interest in property: rJVto0
c. Name and addre s of fee simple titleholder (if other than Owner): Name: _
Address: N it 6
(1� 4. Contractor Name: t k O
mac. Address: (6 QCj Ookk lit JLIV 1 R_ AIL " l9VYV�ay)o
5. Surety Name
Address:
b. Amount of bond: $
6. Lender: Name: W 1 ?�,
Address: N) OA-
MARYANNE MORSE, CLERK OF CIRCUIT COURT
SEMINOLE COUNTY
RK 07756 pg 0615; (ipg)
CLERK'S t# 24112446798
RECORDED 04/23/2012 01:56:66 PM
RECORDING FEES 10,00
RECORDED BY J Eckenroth(all)
available) _
2'T
number:
D
b. Lender's phone number: N 'A
7.a. Persons within the State of Florida designated by Owner upon whom notices or other documents may be served as
provided by Section 713.13(1)(a)7., Florida Statutes: Name:
Address:
8.a. In addition to himself or herself, Owner designates of to receive a copy of the
Lienor's Notice as provided in Section 713.13(1)(b), Florida Statutes.
b. Phone number of person or entity designated by owner:
9. Expiration date of notice of commencement (the expiration date is 1 year from the date of recording unless a different
date is specified)
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE
NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I,
SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS
TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB
SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORBIQQMMENCING WORK OR RECORDING YOUR NOTICE OF
Signature of Owner or Owner #Authorized Officer/Director/Partner/Manager
The foregoing instrument was acknowledged before me this _
L , ... e.g, officer, trustee, attorney in fact) for (name of
f fl/'
Y � (SEAL)
Signature of Notary Pub
Personally Known R pn duced Identification
CERTIFIED COPY
Signatory's Title /Office MORSE
CLER4ROWINTY, OFCIRCUIT COURT
rt�t��,cc�i�i FLORID,
� f whonLADA r Iffas ex e
Notary Public -State of Florrdag
Qc My Comm. Expires Sep 16, 2015 T�pl
UT Y CLERK FF1� ?�'� Commission # EE 96706
R 2 3 201
Type of Identification Produced
Verification pursuan to ion 92.525 lorida Statutes: Under penalties of perjury, I declare that I have read the foregoing and that
the fac s led. n i re' to the be of my knowledge and belief.
Signature of atural Person Signing Above illy lld rItt,1,r2'; s " ' .�1 _i%
Rev. date 3/2008 NAME 4� P P d",O ( \ Avm _S
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1609 North Riverside Drive
Rvrnmo, Beach. Fl 33062
(4M 705-3760
Adam's Acai &Health Menu
• Frozen Yogurt, varied flavors(No fat, low fat, regular)
• Acai Berry and other fruits shakes, smoothies, and juices
• Toppings dry and cold(cereal, chocolates, syrups,
candies ... etc)
Attached is a list from our frozen yogurt distributor. We will
only serve six flavors at a single time but I am providing you
with the list we will be choosing from.
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Date: L Z
Business or Project Name:
Address:
city of Sanford
- - - - Building & F�r�e P I- 05rasa'O
Fire Plana Review ServiCe Fees
Tel: 407.688.5050
— Fa 407.688.5051
Permit a-: % Z
Contact Name: ,��p� Contact Pf rL, 1 Z LL- f" 3 ,sC f l
Plana Review Information
onstrL,CUon ❑ C/O ❑ Fire Alarm ❑ Fire Sprinkler ❑ Hood ❑ Tank ❑ Paint Booth
Total Fees:
d
Power of Attorney For the Purpose
of .Application ....Approval .. . ... . .................
BE IT KNOWN, that Dennis MacDonald DBA Zibitz Studioz,LLC (Grantor) does hereby grant to
Andre De Campos( Agent) the following powers, authorities and consents:
1. Grantor consents to the temporary Power of Attorney for the period and purpose as follows:
For a period of two weeks, commencing on or about April 24, 2012 and terminating on or
about May 10t', 2012. This Power of Attorney is to be utilized in the granting of an
application to provide one mall kiosk in Sanford, Florida.
2. Grantor authorizes the Agent t do and and Tike all ac as are reasonable and necessary
jDe granted this application/approval.
igned phis 24 day of April, 2012
z�aii z ILidZ
State of r-CD11W1JA
County of I PC'
On before me, , personally appeared , personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed
to the within instrument and acknowledged to me that he /she /they executed the same in
his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my h 6 and official seal.
Signature /
Affiant // Known Unknown
ID Produced
(Seal)
' LEE STRAUSS
•*c MY COMMISSION # EE157573
EXPIRES March o9, 2oie
( 407) 39&0153 FloridallotaryServlos.00m
MAY 2 2 2012 CITY OF SANFORD
BY: BUILDING & FIRE PREVENTION
- -- PERMIT APPLICATION
Application No: /� d J3 0� Documented Construction Value: $ G 9 39 ( -7 l
Job Address: 19'7 %ocu/,-) CP -J4-c� Cie 0 Historic District: Yes ❑ No ❑
Parcel ID: Zoning:
Description of Work: Iye W c115 W4 SAP D d w -i 4 -r'ap0a r "e- 44o ,•
eia�kN
Plan Review Contact Person: Title:
Phone:
Name
Street:
City, State Zip:
Fax: E-mail:
Property Owner Information
Phone:
Resident of property?
Contractor Information
Name 4 L^ e l ec'F'r- t c. LL C_ Phone: c6 Z3 C 4 17 Z
Street: 1 y.Z a C.e le t s ,, j ,b I Fax:
City, State Zip: C I e (0 ra.V a G hl ;OF/ 3 tf 7 L-1) State License No.: :9:_ 9_ 13 b t 4 SS
Architect/Engineer Information
Name: Phone:
Street: Fax:
City, St, Zip: E -mail:
Bonding Company:
Address:
I
Mortgage Lender:
Address:
PERMIT INFORMATION
Building Permit ❑
Square Footage: Construction Type: No. of Stories:
No. of Dwelling Units: Flood Zone:
Electrical ❑ Plumbing ❑
New Service — No. of AMPS: New Construction - No. of Fixtures:
Mechanical ❑ (Duct layout required for new systems) Fire Sprinkler /Alarm ❑ No. of heads:
Construction Contract
This agreement is made by R E Electric LLC (Contractor) and Adams Acai in health (Juliana
Bourguignon) (Owner) on the date written beside our signatures.
Contractor
R E Electric LLC
1420 Celebration Blvd
Suite 200
Celebration, Florida 34747
Cell Phone Number: 8632364172
Email Address: Re @reelectricllc.com
Registration or Certificate Number: ER13014551
R E Electric LLC is operating as a limited liability company in the state of Florida.
R E Electric LLC will be referred to as Robert throughout this agreement.
Owner
Adams Acai in health (Juliana Bourguignon)
199U Towne Center Cir
Sanford, Florida 32771
Adams Acai in health (Juliana Bourguignon) will be referred to as Owner throughout this agreement.
200 Towne Center Cir
Sanford, Florida 32771
The Construction Site
I. Project Description
A. For a price identified below, Robert agrees to complete for Owner the Work identified in this
agreement as the Adams Kiosk.
II. Contract Price
A. In addition to any other charges specified in this agreement, Owner agrees to pay Robert
$11,239.71 for completing the Work described as the Adams Kiosk.
M. Alternative Pricing Options
A. At the option of Owner, the following adjustments may be made to the Adams Kiosk:
Subtract $4,300.00 fo Owner provides transformer delivered to site.
/2. Subtract $300.00 for Ae owner provides payment for rent ,material and transport for sawcut
7acemeafor.floor cutout.
.Subtract $1,800.0 or- e owner pays for wire at cost..
IV. Allowances
A. This Contract Price includes allowances for items to be selected later by Owner.
Page 1
1. $300.00 for Rent material delivery for floor cut.
Installation will be by Robert at a cost included in the Contract Price.
The allowance price covers the cost of:
Materials
Delivery
2. $1,800.00 for Cost of wire.
Installation will be by Robert at a cost included in the Contract Price.
The allowance price covers the cost of:
Materials
Delivery
Handling on the Job Site
Testing
Inspection
V. Scheduled Start of Construction
A. Work under this agreement will begin when convenient for both Owner and Robert.
VI. Scheduled Completion of Construction
A. Work under this agreement will be completed in a reasonable time, consistent with the
schedule of Robert and Owner.
VII. Documents Incorporated
A. This agreement incorporates by reference certain documents which define and describe the
Work to be done. The following documents are incorporated as though included in full as part of this
agreement.
1. Plans
Consisting of 1 sheet(s).
Prepared by Owner or rep.
And further identified as scan0006.pdf Preliminary electric plan Adams Kiosk.
2. Proposal (Estimate or Bid)
Proposal (Estimate or Bid) dated 5/12/2012.
Consisting of 1 sheet(s).
For the amount of $11,239.71.
Entitled Andre2.
Other Contract Documents notwithstanding, the proposal by Robert dated 5/12/2012 defines Work to
be completed under this agreement. Anything not included in the proposal dated 5/12/2012 is not
included in this agreement and is not part of the Work. Robert will be entitled to a Change Order and
additional compensation for anything in any Plans or Specifications or anything required by Law or
ordinance that is not identified in the proposal dated 5/12/2012.
VIII. Ownership of Plans
A. All Plans, Drawings and Specifications created for Work under this contract are instruments of
service and remain the property of Owner. The use of these instruments of service on Work other
Page 2
than provided in this contract without permission of Owner is prohibited. All copies of Drawings and
Specifications other than a single record copy shall be returned to Owner upon request after
completion of the Work.
IX. Scope of Work
A. Robert shall supervise and direct the Work and accepts responsibility for construction means,
methods, techniques, sequences and procedures required to complete the Adams Kiosk in
compliance with the Contract Documents.
B. Except for materials expressly designated otherwise in the Contract Documents, Robert
warrants that all materials and equipment furnished under this contract shall be of good quality and
new.
C. Robert is responsible for coordination of the various trades and deliveries of equipment,
materials and supplies to minimize interference which could delay the Work or pose a hazard to life
or property. Robert shall be responsible for allocation of tasks between trades and will be the final
authority on location and routing of equipment and storage of materials on the Job Site.
X. Cutting and Patching
A. Robert will ensure that cutting and patching required to make building parts fit together
properly is done by those skilled in the trade. Work completed by Robert will have the neatly
finished appearance characteristic of professional grade construction.
B. Robert will ensure that alteration Work done on existing building components does no damage
either to the property of Owner or to Work done by others.
C. Except as illustrated on building Plans or described in Contract Documents, Robert will not
alter existing building components without consent of Owner. Robert will not alter or interfere with
the Work of any Separate Contractor without prior consent of the Separate Contractor involved.
D. The color, texture and planes between existing and new materials might not match exactly.
Robert will use due diligence to create the best match possible. Owner acknowledges that patched
surfaces may be detectable when construction is complete.
XI. Compliance with Law
A. Robert and Owner mutually commit to use reasonable care to meet the Requirements of state,
federal and local Law when discharging their responsibilities under this agreement.
B. If Robert observes that Drawings, Specifications, or other Contract Documents do not comply
with applicable Law, Robert shall promptly notify Owner of the variance. Any changes made to the
Contract Documents as a result of this notice shall be handled in the form of a Change Order under
this agreement.
C. Robert shall bear none of the cost of correcting Work completed according to Contract
Documents but not in compliance with Law if Robert did not know that Contract Documents or
instructions from Owner did not comply with the Law.
D. If Law enacted after the Contract Date changes the Scope of Work under this agreement,
Robert and Owner will execute a Change Order adjusting the Contract Price and Contract Time to
accommodate the change in the Scope of Work.
Page 3
E. Robert is licensed to do Work described in the Contract Documents. Robert will notify Owner
of any change in that license status. Every Subcontractor working for Robert will hold a license
appropriate for the Work performed.
F. Except as required by Law, Owner is not responsible for any breach of Law by Robert. Except
as required by Law, Robert is not responsible for any breach of Law by Owner.
XH. Permits and Fees
A. Robert shall secure all permits, licenses and renewals required by government authority to
complete construction of the Adams Kiosk. If permits are required for Subcontracted Work,
Subcontractors will secure those permits. Owner shall assist Robert in responding to requests for
information from the permit- issuing authority. Robert shall provide Owner a copy of each permit,
license and renewal issued by government authority for the Adams Kiosk.
B. Robert will pay the building permit fee, Plan check fee, business license fees for Robert and
Subcontractors, and charges levied by government for testing, Inspection and Re- Inspection of the
Adams Kiosk.
C. Except as provided elsewhere in this agreement, Owner will pay all fees and application
charges imposed by government authority, including, but not limited to, grading permit fees,
drainage permit fees, traffic control charges, thoroughfare charges, impact fees, special district fees,
sewer fees, water fees, planning fees, school fees, elevator permit fees, charges for temporary access
or use of the public right of way, and charges for document processing, hearings, and certifications.
Owner will also pay all fees and application charges imposed by any association of property owners
having authority over the Job Site.
XHL Royalties, Patents and Copyrights
A. Owner shall obtain all licenses necessary to use any invention, article, appliance, process, or
technique of whatever kind in the Work, and shall pay all royalties and license fees required. If,
before manufacturing or using any invention, process, technique, article or appliance in performance
of the Work, Owner has or acquires information that the same is protected by patent or copyright
Law, making it necessary to secure the permission of the patent or copyright owner, Owner shall
promptly advise Robert. Robert may adopt some other invention, process, technique, article or
appliance for use in the Work. Should Owner have reason to believe that using the invention,
process, technique, article or appliance in the Work would constitute an infringement of a patent or
copyright and fail to inform Robert, Owner shall be responsible for any loss or liability due to the
infringement. Owner shall hold Robert, officers, agents, and employees, harmless against any loss or
liability for or on account of the infringement of any patent rights or copyrights in connection with
any invention, process, technique, article or appliance required by the Plans or Specifications,
including use by Robert unless Robert had actual knowledge of the potential infringement and failed
to notify Owner.
XIV. Employee Relations
A. Robert is responsible for performance of all construction crews, including employees of
Subcontractors, and shall enforce strict discipline and good order on the Job Site.
B. Robert will enforce the following rules on the Job Site: (1) Anyone found in possession of a
firearm will be directed to leave immediately and will not be allowed to return, (2) Possession, sale,
Page 4
or distribution of alcohol or illicit drugs is prohibited. Anyone under the influence of alcohol or illicit
drugs will be directed to leave immediately, (3) Robert will certify that personnel on the Job Site
have consented to submit to drug and alcohol screening and testing including pre - employment, for
cause, periodic or random tests, and (4) Entry on the Job Site shall constitute consent to Inspection of
an employee's person, vehicle, and personal effects by Robert, Owner, or other authority. Any
employee who is found in violation of these Job Site rules or who refuses to permit Inspection shall
be barred from the Job Site at the discretion of Robert or Owner.
C. Robert will ensure that personnel will be furnished and required to use safety equipment
complying with OSHA standards, including hard hats, safety glasses with permanently attached side
shields, body harnesses with shock cord lanyard, steel toe work boots, and appropriate protective
equipment and clothing. Any employee who refuses to comply with OSHA standards shall be barred
from the Job Site at the discretion of Robert or Owner.
D. Robert will allow only qualified, careful and skilled personnel to do the Work. Each worker
shall have the appropriate license, certification or experience necessary to complete the tasks
assigned.
E. Robert agrees to Indemnify and hold harmless Owner from any and all causes of action,
demands, Claims, damages, awards and attorney's fees, based on decisions made by Owner
concerning discharge of construction personnel.
XV. Owner's Responsibilities
A. Owner will respond in writing and with reasonable promptness to written requests from Robert
for information relevant to completion of the Work. Owner will identify a Representative qualified
to respond to questions from Robert when Owner is not available. Robert is authorized to rely on
written responses from Owner and the identified Representative.
B. Owner affirms that Owner has the right to enter into this agreement and has the right to contract
for construction of the Adams Kiosk on the Job Site. Owner shall pay all taxes and assessments due
on the Job Site during the period of construction and shall take all reasonable actions required to
protect marketable title to the Job Site.
C. Owner shall have sole responsibility to secure financing for the Adams Kiosk and shall pay all
fees, charges, or other costs of such financing, including Inspection fees charged by any lender. The
nonperformance of any lender shall not affect the obligation of Owner to Robert. Owner hereby
authorizes and directs any lender on the Adams Kiosk to furnish Robert with full information on
undisbursed loan proceeds when requested by Robert.
D. On request of Robert, Owner shall provide clear and convincing evidence that Owner has
access to funds committed to payment of the unpaid balance of the Contract Price. Owner shall
inform Robert of any significant change in the availability of funds committed to make payments
required under the Contract Documents. Failure of Owner to comply with the terms of this paragraph
shall relieve Robert of the obligation to begin or continue the Work.
E. All materials to be furnished by Owner under the Contract Documents shall be on hand and
available at the location specified, when required in the normal course of construction. Robert makes
no warrant that materials Furnished by Owner are suitable for use in the Adams Kiosk and may
reject such materials if Installation would materially increase the cost of construction or substantially
Page 5
delay completion of the Adams Kiosk.
XVI. Construction by Others
A. Owner reserves the right to use one or more Separate Contractors on the Job Site or on adjacent
sites while Work is being done under this agreement. This right shall extend to portions of the Work
which have been deleted from the Contract Documents by Change Order.
B. Except as provided elsewhere in the Contract Documents, Owner shall be responsible for
coordinating the activities of Robert with any Separate Contractor. When requested by Owner,
Robert shall coordinate construction schedules with any Separate Contractors to reduce or eliminate
potential conflicts. In the absence of a schedule mutually agreed upon by Robert and Separate
Contractors, Owner may create and impose a schedule on Robert designed to avoid unnecessary
delay and risk of damage.
C. Owner reserves the right to employ construction crews of Owner on the Job Site or on adjacent
sites while Work is being done under this agreement. This right shall extend to portions of the Work
which have been deleted from the Contract Documents by Change Order. Except as provided
elsewhere in the Contract Documents, Owner shall be responsible for coordinating the activities of
Robert with any construction crews of Owner. When requested by Owner, Robert shall coordinate
schedules with the crews of Owner to reduce or eliminate potential conflicts. Except as otherwise
provided in the Contract Documents, crews of Owner shall have the same rights and obligations to
Robert as would a Separate Contractor.
D. Robert shall allow access to the Job Site, storage of materials and equipment, and performance
of Work on the Job Site by Separate Contractors or crews of Owner. Robert shall not commit or
permit any act which would interfere with the performance of Work by any Separate Contractor or
employee of Owner.
E. Robert shall not cut or otherwise alter construction done by crews of Owner or a Separate
Contractor without the written consent of Owner. Robert shall not unreasonably withhold consent
from Owner or a Separate Contractor to cut or otherwise alter Work of Robert.
XVII. Representations by Contractor
A. The Contract Price is based on Robert's careful evaluation of Plans, Specifications, Contract
Documents, local conditions, including availability of labor, material, equipment, and transportation,
the kind and character of soil and terrain, all available reports and tests on soil conditions, Work to
be performed by Owner or Separate Contractors, environmental and historic preservation
considerations, applicable Code Requirements, climatic conditions, and other local conditions that
may affect cost to Robert or duration of construction.
B. Robert shall use skill and attention to complete the Work in a timely manner consistent with the
Contract Documents.
C. Based on a thorough evaluation of the Contract Documents, the Job Site, and all conditions that
may affect construction cost and duration, Robert affirms that the Contract Price and Contract Time
are fair and reasonable for completion of the Adams Kiosk.
D. Owner has reported to Robert all conditions known to Owner which may not be apparent to
Robert and which might significantly increase cost of the Work or delay completion. These
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concealed conditions include, but are not limited to, hazards on the Job Site, unsuitable soil
conditions, prior Defective Work of others, latent Defects in the Plans or Specifications, earlier
attempts to do Similar or related Work, and obligations imposed by government.
E. Robert arms that the company is financially solvent, licensed, experienced, competent, and
has resources necessary to complete the Work in compliance with the Contract Documents.
XVHL Disclaimer by Owner, Reliance by Contractor
A. Owner has provided Robert with information on subsurface or concealed conditions at the Job
Site. Except to the extent that Robert knows this information to be false, Robert is entitled to rely on
the accuracy of this information.
XIX. Payment Plan
A. Owner will pay to Robert the Contract Price in installments consisting of an initial payment,
progress payments, and a final payment on completion of the Work.
XX. Initial Payment
A. Upon execution of this agreement, Owner shall pay to Robert $1,000.00 as an advance on the
Contract Price.
B. Robert may use the initial payment to buy materials for the Adams Kiosk, for pre - construction
expenses, and to cover a portion of the fee for doing the Work.
C. Except as otherwise provided in this agreement, Robert may retain $500.00 from the initial
payment as a non - refundable deposit if this contract is terminated for any reason other than default
by Robert.
X.M. Progress Payments
A. Schedule of Progress Payments
Progress payments are due as each phase of the Work is completed.
I. Amount due when Job Phase 1 is complete: $2,000.00
Job Phase 1 is complete when When Conduit is installed and ready for wire.
II. Amount due when Job Phase 2 is complete: $1,000.00
Job Phase 2 is complete when When wire is pulled in conduit.
III. Amount due when Job Phase 3 is complete: $7,239.71
Job Phase 3 is complete when Final inspection is passed.
B. Processing of Progress Payments
1. No less than 2 calendar days before each progress payment is due under the terms of this
contract, Robert shall provide Owner with an application for payment (invoice) in a form which
complies with generally accepted trade practice.
2. Final Payment will be reduced to reflect savings if alternates are used.
3. Except as provided otherwise in this agreement, Owner shall pay the amount due within 2
calendar days after approval of any application for initial, progress or final payment.
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XXII. Contract Allowances
A. If the cost to Robert for a contract allowance item is more or less than the allowance price, the
Contract Price shall be adjusted for the difference by a Change Order.
XXIII. Interest
A. Payments due and not made shall bear interest from the date payment is due at the rate
established by Law.
XXIV. Liens and Waivers
A. Robert will ensure that Subcontractors, tradesmen and Material Suppliers working under
direction of Robert are paid when due to avoid the exercise of lien rights provided by state Law.
XXV. Grounds for Withholding Payment
A. Owner may withhold payment due Robert for Defective Work which has not been corrected in
compliance with terms of this agreement.
B. Owner may withhold from payments due Robert a sum adequate to reimburse Owner for any
damage suffered by Owner or for which Owner may be liable and which was caused by an act or
neglect of Robert or by anyone for whom Robert may be liable. Damage to Owner shall not
constitute grounds to withhold payment if Robert has insurance coverage which would prevent loss
to Owner from the damage claimed.
C. Owner may withhold payment due Robert for neglect of Robert to obtain a required permit or
license or to comply with applicable Law, ordinance, code, or regulation, providing such neglect of
Robert has a material impact on satisfactory completion of the Adams Kiosk in compliance with the
Contract Documents.
D. If Owner withholds any payment under terms of this agreement, Owner will notify Robert in
writing of the amount being withheld, the reason why payment is withheld, and what must be done
to release the payment otherwise due.
E. Grounds entitling Owner to withhold certain amounts due Robert under this agreement shall not
relieve Owner of the obligation to pay Robert other amounts then due and shall not relieve Owner of
the obligation to pay in full when the reason for withholding payment no longer exists.
XXVI. Final Payment
A. Robert will submit an application for final payment to Owner when the Work has been
completed in compliance with the Contract Documents. If Owner agrees that Work has been
completed, payment is due Robert for the entire unpaid balance of the contract amount.
B. Making of final payment constitutes waiver of all Claims by Owner against Robert, except: (1)
Outstanding lien Claims or Claims for liens, (2) Claims for Defective Work specifically identified
before the making of final payment, (3) Defects which result from failure by Robert to perform the
Work in strict accordance with the Contract Documents, (4) Any warranty or guarantee required by
the Contract Documents, (5) Any Claim for which Robert was specifically given notice before final
payment, and (6) Any right Owner has as a matter of Law.
C. Owner has no obligation to make final payment until all Punch List items have been
satisfactorily completed unless Owner agrees to accept a certified check equal to the value of any
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uncompleted Work.
D. Application for final payment constitutes affirmation by Robert that all payrolls, bills for
materials, equipment charges, and other obligations of Robert in connection with the Work have
been paid or otherwise satisfied.
E. If completion of the Work is delayed unreasonably at no fault of Robert, Robert shall be
entitled to final payment for all Work completed without prejudice to the right of Robert to complete
the Adams Kiosk at a later date and without prejudice to the right of Owner to make Claims against
Robert for Defects in Work completed.
XXVH. Changes in the Work
A. Except as provided elsewhere in this agreement, no change to this contract (including
modification, clarification, interpretation or correction of the Plans or Specifications) shall be made
without mutual agreement and a written Change Order signed by Robert and Owner identifying the
change, the cost of the change, and the effect on Project schedule, if any.
B. The charge for Extra Work shall be the normal selling price Robert charges for Similar changes
on other jobs.
C. If any Change Order increases or decreases the time required for completion, Owner and
Robert shall make an appropriate adjustment in the Contract Completion Date.
D. Robert may delay acting on any written or oral direction, instruction, interpretation, or
determination of Owner which would constitute Extra Work and may assert the right to an
amendment to this contract by written Change Order before proceeding.
E. Robert is authorized to make minor changes in the Work which are in the interest of Owner, do
not materially alter the quality or performance of the Work, and do not affect the cost or time of
performance, and comply with applicable Laws, codes, ordinances and regulations. Robert will
inform Owner of each minor change made in the Work.
F. Owner is authorized to make minor changes in the Work which are in the interest of Owner, do
not materially alter the quality or performance of the Work, do not affect the cost or time of
performance, and comply with applicable Laws, codes, ordinances and regulations.
XXVM. Cooperation of the Parties
A. Both Robert and Owner pledge that their relations will be conducted with courtesy and
consideration in an environment characterized by mutual respect. Owner pledges to respond
promptly to requests by Robert for guidance, assistance and payments when due and agrees to extend
to Robert the deference and latitude a dedicated professional deserves. Robert pledges to commit the
skill and resources required to complete the Adams Kiosk in a manner that complies with both the
letter and spirit of the Contract Documents and enhances the reputation of Robert for dependability
and professionalism.
XXIX. Interpretation of the Contract
A. The omission of words or phrases in the Contract Documents or obvious typographical errors
in the Contract Documents shall not defeat interpretation of the Contract Documents so long as the
meaning is reasonably inferable from the Contract Documents taken as a whole.
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XXX. Dealing With Plan Defects
A. Robert will report promptly to Owner any design defects likely to result in problems during
construction of the Adams Kiosk. However, Robert is not a licensed architect or engineer and has no
obligation to detect ambiguities, inconsistencies or omissions in the Contract Documents. While
acting in good faith, Robert is entitled to rely on the Work of a trained design specialist selected by
and responsible to Owner.
B. Ambiguities, inconsistencies and omissions in the Contract Documents are design defects, not
errors by Robert. The cost of correcting design defects shall be at the expense of Owner.
XXXI. Inspections
A. Robert shall schedule and coordinate all Inspections required by the Contract Documents and
by public authority so as not to delay the progress of the Work or the Work of Owner or Separate
Contractors. If the Contract Documents require that an Inspection be witnessed or attended by
Owner, Robert shall give advance notice of the time and place of the Inspection. Robert shall
schedule Inspections during regular Work Days and normal business hours, unless mutually agreed
by Robert, Owner, and Inspector.
Chapter 558 Notice of Claim
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU
MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED
CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION,
YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE,
REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE
ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE
ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO
REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT
OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT
DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET
AND FOLLOWED TO PROTECT YOUR INTERESTS.
Notice Required by Florida Statutes Section 558.005
Owner and Robert agree to waive provisions of Florida's Notice and Right to Cure Act, Chapter 558
Florida Statutes. Our agreement that Chapter 558 Florida Statutes does not apply to this contract
relieves Owner and Robert of the obligation to follow procedures and meet deadlines before Owner
can either file suit or commence arbitration over a claimed construction defect.
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