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HomeMy WebLinkAbout251 Towne Center Cir - 98-000788 (Vista Optical) (Interior Remodel) Documentsc2,5-/ ZONE DATE x CONTRACTOR ADDRESS 7c) s PHONE # LOCATION OWNER 4tAe'' ADDRESS PHONE # PLUMBING CONTRACTOR b153ADDRESS PHONE # ELECTRICAL CONTRACTOR r'1 L (Am 4 n r. ADDRESS PHONE # J MECHANICAL CONTRACTOR 112 4--t V " ADDRESS PHONE # MISCELLANEOUS CONTRACTOR ADDRESS SEPTIC TANK PERMIT NO. SOIL TEST REQUIREMENTS ( FINISHED FLOOR ELEVATION REQUIREMENTS ARCHITECTURAL APPROVAL DATE: SUBDIVISION: A100 CI PERMIT # / " LOT NC JOB !'l I Ulm TCMG SECTION: COSTS & / y- V . 2/, SQUARE FEET. FEE$MODEL: STATE NO. YJ ,,g J OCCUPANCY CLASS:m FEES 3 s- FEE S FEE S INSPECTIONS TYPE DATE OK REJECT 8Y FEES ENERGY SECT. EPI: CERTIFICATE OF OCCUPANCY ISSUED # DATE: FINAL DATE <3 lqlq ' w DATE STARTED: C $ CITY OF SANFORD REQUEST FOR FINAL INSPECTION FOR CERTIFICATE OF OCCUPANCY ADDRESS: ..UL Coe- CONTRACTOR:— TYPE OF CONSTRUCTION: The Building Department has prepared a certificate of occupancy for the above location and is requesting a final inspection by your department. After your inspection, please come to the Building Department to sign -off on the Certificate of Occupancy, or submit a certificate of occupancy addendum if it has been denied. Your prompt attention will be appreciated. Thank you. Distribution List: 0. N5\0117 Engineering Dept. Fire Dept. Public Works Dept. Utilities/Cross Connection Zoning e Ir Print Kev Output Page 1 5769SS1 V4R1M0 970829 SANFORD 03/06/98 12:29:28 Displav Device . . . . . . UTGUILDA User . . . . . . . . . . . ELTONHEAD BP200I03 CITY OF SANFORD 3/06/98 Application Inquiry - Fees 12:29:24 Application nbr 98 00000788 Propertv .,. . . 251 TOWNE CENTER CR Fee , Class/Type/Description Trans amt Amt due Struct Permit Insp A AF O1-APPLCTN FEE -BUILDING 10.00 00 A F2 01-FIRE INSPECT-ALTER/RPR 25.00 00 P PF O1-PERMIT FEES 315.00 00 000000 BLCA00 A RA O1-RADON GAS TAX FEE 4.78 00 A SC O1-RECOVERY FD/CERT. PGM. 4.79 00 A U3 WT IMPACT:COMMERCIAL 325.00 00 Total due : Press Enter to continue. F3=Exit F12=Cancel d / q Bottom DATE STARTED: 3 Sl ` CITY OF SANFORD REQUEST FOR FINAL INSPECTION FOR CERTIFICATE OF OCCUPANCY ADDRESS: CONTRACT TYPE OF GUNS I KUU The Building Department has prepared a certificate of occupancy for the above location and is requesting a final inspection by your department. After your inspection, please come to the Building Department to sign -off on the Certificate of Occupancy, or submit a certificate of occupancy addendum if it has been denied. Your prompt attention will be appreciated. Thank you. Distribution List: Engineering Dept. Fire Dept. Public Works Dept. IJ I Utilities/Cross Connection Zoning o. 4.?, */&/roy8 DATE STARTED: 3I3I -r-i.9 CITY OF SANFORD REQUEST FOR FINAL INSPECTION FOR CERTIFICATE OF OCCUPANCY ADDRESS: _ L CONTRACTOR: TYPE OF CONSTRUCTIO The Building Department has prepared a certificate of occupancy for the above location and is requesting a final inspection by your department. After your inspection, please come to the Building Department to sign -off on the Certificate of Occupancy, or submit a certificate of occupancy addendum if it has been denied. Your prompt attention will be appreciated. Thank you. Distribution List: Engineering Dept. Fire Dept. Public Works Dept. Utilities/Cross Connection Zoning DATE STARTED: 3 S r7 CITY OF SANFORD REQUEST FOR FINAL INSPECTION FOR CERTIFICATE OF OCCUPANCY ADDRESS: '- CONTRACTOR: l TYPE OF CONSTRUCTION: The Building Department has prepared a certificate of occupancy for the above location and is requesting a final inspection by your department. After your inspection, please come to the Building Department to sign -off on the Certificate of Occupancy, or submit a certificate of occupancy addendum if it has been denied. Your prompt attention will be appreciated. Thank you. Distribution List: 11 Engineering Dept.Ao lb Fire Dept. Public Works Dept. Utilities/Cross Connection Zoning FROM NEW WEST EYEWORKS (THU) 03. 05' 98 16: 40/ST. 16:40/NO. 3560083481 P 2 it ,. ,di1y't16'.,4,'r„ry' rlly"' rs9C T. t:i}, ..Yyr• }{s.L ./ t';'' kt '-.F"e rIt ,+ yr• r..1 .. i°r( it,r'+}', Ltir''iAA t.' t ;Y l''}. 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FROM NEW WEST EYEWORKS THU) 03. 05' 98 16: 40/ST. 16: 40/NO.3560083481 P 1 NGv, lvl S s''' Al r.is .Vision Date: 31 a ! aB Fax Transmittal 2104 West Southern Avenue Tempe, Arizona 85282 602) 438-1330 PLEASE NOTE OUR NEW FAX NUMBER Fax (602) 438-4664 To: jv 4x, Company: Fax N° 33a-sb 1 From: jN6 Q 9% WovVA Number of pages traxtsmitting (including thin page): a Comments: Telephone: COR-703 6/07 CITY OF SANFORD, FLORIDA how PERMIT NO. DATE THE UNDERSIGNED HEREBY APPLIES FOR A PERMIT TO INSTALL THE FOLLOWING H.A.R.V. MECHANICAL EQUIPMENT: OWNER'S NAME —VO- T%- ADDRESS OF JOB MECHANICAL CONTR. RESIDENTIAL COMMERCIAL Subject to rules and regulations of Sanford mechanical code. FUEL B.T.U. INPAIT OUTPUT • I II APPLICATION FEE COMPETENCY CARD NO. Y CITY OF SANFORD, FLORIDA PERMIT NO-51 DATE c1-4' G Z THE UNDERSIGNED HEREBY APPLIES FOR A PERMIT TO INSTALL THE FOL. LOWING PLUMBING WORK: OWNER'S NAME 1 +S TA d PT 1641 S IsADDRESSOFOBaM-11 r 32771 PLUMBING CONTR. IWAAf _ Res. — Comm. Subject to rules and regulations of Sanford plumbing code. Residential: Number Amount Alteration, Addition, Repair I New Residential: One Water Closet Additional Water Closet Commercial: Fixtures. Floor Drain, Trap Sewer -- --- Water Piping i_ Gas ip—in g Factory -built housing Mobile Home Application Fee jig:: Minimum Commercial Permit: $25. oo Tobl a Master Plumber COMPETENCY CARD NO "' 9 // 3v 2- 78 NORTH STREET P.O. BOX 520003 LONGWOOD, FL 32750 RELIANCE PLUMBING Telephone (407) 841-3344 LIMITED POWER OF ATTORNEY DATE:al ZS I hereby name and appoint: T \e o c\ i GLc J C of Reliance Plumbing to be my lawful attorney -in -fact to act for me and apply to OA4 .6 -} J _ for a plumbing permit for work to be performed at: rno'jJ e. Gen 4crG- Ar 3 ;; Address of Job) VI S+icxP,_20 D _TxwMe Cep')? Oy.-'f owner of property and address) and to sill my name and do all things necessary to this appointment. Cott B. Tuell Certified Contractor CF C056991 ACKNOWLEDGE: SWORN TO AND SUBSCRIBED BEFORE ME THIS 6" DAY OF (SEAL) A. D N TARY PUBLIC -STATE OF FLORIDA 99 LORMA SUE My Comm Ev. 9/16/20W w p sue Bonded By Sw0ce Ins No. 5951" win 1106W IA CITY OF SANFORD, FLORIDA l v P IT NO DATE v THE UNDERSIGNED HEREBY APPLIES FOR A PERMIT TO INSTALL THE FOL- LOWING ELECTRICAL WORK: OWNER'S NAME V 1 S T/4 014" o I ADDRESS OF JOB--S1 ELEC. CONTRAI-4VP2'ktff 4 4R*adonfiel Non-raidantial Subjed to rules and regulafions of the cify and national electric cod*$. Number AMOUNT Alteration Addition Repair Chanue f Service Residential Commercial Mobile Home Factory Built Housing New Residential 0-100 Amp Service 101-200 Ame Service fo—iAmp and above — New Commercial p Service Application Fee TOTAL II By signing this application 1 am stating 1 will be in compliance with the NEC including Article 110. Section 110.9 and 110.10. luild qil arbr leehioien C7c71a$S STATE COMPETENCY NO. CITY OF SANFORD FIRE DEPARTMENT FEES FOR SERVICES PHONE #: 407-302-1091 DATE: 1 PERMIT #: r 7(( a BUSINESS NAME: ADDRESS: S I PHONE NUMBER: ( PLANS REVIEW P1 TENT PERMIT BURN PERMIT D REINSPECTION TANK PERMIT D FIRE SYSTEM AMOUNT 2, 1 COMMENTS: Fees must be paid to Sanford Building Department, 300 N. Park Avenue, Sanford, Florida. Phone # 330-5656. Proof of payment must be made to Sanford Fire Prevention before any further services can take place. 1 anford Fire Prevention I certify that the above information is true and correct and that I will comply with all applicable codes and ordinances of the City of Sanford, Florida. Applicants Signature CITY OF SANFORD, FLORIDA APPLICATION FOR BUILDING PERMIT Seminole Towne Center, Spaqe 1 -- (i4 PERMIT ADDRESS -PERMIT Total Contract Price of Job 69,910.80 Total Sq. Ft. 957 Describe Work New Tenant Tmp3:MMUpn7 _ EXJ=I-JR9 S"611 Space Type of Construction Tni-erinr Flood Prone (YES) (NO) Number of Stories 1 Number of Dwellings Zoning Occupancy: Residential Commercial X Industrial LEGAL DESCRIPTION (please attach printout from Seminole County) TAX I.D. NUMBER IFETn - 64_05451.68 - Contractor OWNER New West Eyeworks, Inc_ PHONE NUMBER 602-438-1330 ADDRESS 2104 West Southern Avenue CITY Tempe STATE AZ ZIP 85282 TITLE HOLDER ADDRESS CITY IF OTHER THAN OWNER) STATE ZIP LUMPANY William Gorge & Associates ADDRESS 7557 Rambler Road CITY Dallas STATE Tx ZIP 75238 ARCHITECT David A Udkow ADDRESS 9750 North 96th Street, Suite 219 CITY Scottsdale STATE AZ ZIP 85258 MORTGAGE LENDER ADDRESS CITY STATE ZIP CONTRACTOR TonV_Crawford__C4nSt PHONE NUMBER 214-553-0044 ADDRESS 10203 Plano Road, Suite 102 ST. LICENSE NUMBER rr. rn2A662.3 CITY Dallas STATE TX ZIP 7S23A 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, PLUMBING, MECHANICAL, SIGNS, POOLS, ETC. OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. A COPY OF THE RECORDED COPY OF THE NOTICE OF COMMENCEMENT WILL BE POSTED ON THE JOB SITE WITH PERMITS NO LATER THAN SEVEN (7) DAYS AFTER THE PERMIT HAS BEEN ISSUED. FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOU PAYING TWICE FOR THE IMPROVEMENTS TO YOUR PROPERTY. 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 THE REQUIR TS OF FLORIDA LIEN LAW, FS713. 1 O to Z ? k O O 4J W Q 0 d >I Z a E+ SAp'irture ,qE Owner/neni & Date, Type or Print Ov gent ame Signatu(rjwo'of Notary & Date Official Seal) OYYOok 41 UNy OD b I FIL S t999 Application Approved BY: l nl FEES: Building 3le>,6 Radon Open Space Road PERMIT VALIDATION: CHECK ORIGINAL (BUILDING) WILL NOTIFY THE OWNER OF THE PROPERTY OF ieof ley pe or Pri Siaaai. w********* w******w*******w***** 310 Z 0 0 rt 01 / 07/98 M o ContAfictor & Date 0 a '< r V1 Project Manager L< Z nt ontractor's Name d x 3 I O fD icial Seal) BETTYJ. SPANN I MY COMMISSION EXPIRES APRIL 25, 2001 Date: , v Police Fire Impact Application_ CASH DATE ti tq 2,BY YELLOW ( CUSTOMER) PINK (COUNTY TAX OFF CE) GOLD (CO. ADMIN) THIS, APPLICATION USED FOR WORK VALUED $2500.00 OR MORE x. DEVELOPMENT FEE WORKSHEET CITY OF SANFORD UTILITY - ADMIN. P. O. BOX 1788 SANFORD,FL 32772-1788 Project Name: V(ST/):, Date: Owner/Contact Person: Phone - Address: .2 SSI 7oG rs.e G2 Type of Development: 1) RESIDENTIAL Type of Units (single family or multi -family): Total Number of Units: Type of Utility Connection individual connections or central water meter & common sewer tap): Water Meter Size (3/4", 111, 211, etc.): REMARKS: 2) NON-RESIDENTIAL Type of Units (commercial, industrial, etc.): Total Number of Buildings.: Number of Fixture Units each building): Type of Utility Connection individual connections Fy' or central water meter & common sewer tap) : Water Meter Size (3/4" E i37; N6 1" , . 2" , etc.) REMARKS: SEws/ t?'^'T .7o Cov.-TY CONNECTION FEE CALCULATION: Cv9 R h'` Aqr. -r Fri r Name - Signature - Date REVISED 12/ 23/97 Project Name: DEVELOPMENT FEE WORKSHEET CITY OF SANFORD UTILITY - ADMIN. P. O. BOX 1788 SANFORD, FL 32772-1788 V'r'S TI) OP7 c9 Date: /`' y Owner/ Contact Person: Phone: Address: . 2S-( tow.vr_ GE.VTs.Q C/l. Type of Development: 1) RESIDENTIAL 2) Type of Units (single family or multi - family): Total Number of Units: Type of Utility Connection individual connections or central water meter & common sewer tap): Water Meter Size (3/4", 1", 2", etc.): REMARKS: NON- RESIDENTIAL Type of Units (commercial, industrial, etc.): Total Number of Buildings.: / Number of Fixture Units each building): f Type of Utility Connection individual connections or central water meter & common sewer tap): GE 9c Water Meter Size (3/4" 1", 2", etc.) REMARKS: S, 6ws2 ' 'qAq rt1rbNT 'To Cou.Y7y, CONNECTION FEE CALCULATION: ( n/9 rR /.iP9c7 /% _ ] 3 2 S Name- - Signature - Date REVISED 12/23/ 97 DRAINAGE FIXTURE UNITS FOR FIXTURES AND GROUPS 2) 3. 4. Equivalent Residential Connection (ERC) - 300 Callons Per Day (GPO) Residential - 650/Unit - Single family structure, or multi -family unit containing three (3) bedrooms or more. 407.50/Unit - Multi -family unit or Mobile Home unit containing less than three (3) bedrooms. (This category is based on judgement/assumption, estimation that such family units on average require 751 - 225 GPO of the water and sewer service of an average single family unit.) Commercial - 650/ERU - Fixture unit schedule from Southern Plumbing Code will be used. One ERU will be charged for connection and up to twenty (2) fixture units. For projects having more than twenty (20) fixture units the Impact Fee will be determined by increments of 251 based on multiples of five (5) fixture units above the twenty (20) fixture unit base for the first ERU. (Example: twenty-five 25) fixture units will be rated as 1.25 eru; twenty-six (26) fixture units will be rated as 1.5 ERU.) Sewer System Impact Fees Equivalent Residential Connections - 270 Gallons Per Day (GPO) Residential - 51706 Unit Single family structure, or multi -family unit containing three (3) bedrooms or more. 1275/Unit Multi -family unit or Mobile Nome unit containing less than three (3) bedrooms. '(This category is based on judgement/assumption/estimation that such family units on average require 75t of water and sewer service of an average single family unit.) Commercial - Industrial - Institutional 1700/ERU Fixture unit schedule from Southern Plumbing Code will be used. One ERU will be charged for connection and up to twenty (20) fixture units. For projects having more than twenty (20) fixture units.the Impact Fee will be increments of 251 based on multiples of five (5) fixture units above the twenty (20) fixture unit base for the first ERU. (Example: twenty-five (251 fixture units will be rated as 1.25 ERU; twenty-six (26) fixture units will be rated as 1.5 ERP.) Water Meter Connection Fees WATER METER SIZE 3/4- 1' 1-1/2' 2- 3- 4- 6' Sewer Connection Fee Standard 4' Residential Connection - $260. Non-standard connection - TO BE DETERMINED FEES 5 1130. 210. 400. 500. 2.900. or they install 4.400. or they install 7,520. or they install NOTE: ANY WATER OR SEWER TAP WORK TRAT RMUIRES ANY STREET CUT OR TUNNELING OF T11F. PAVEMENT WILL HE LN AODITIONI.L 5250 FOR E-ACII SUCH TAP. FIXTURE TYPE Automatic clothes washers, commercial' DRAINAGE FIXTURE UNIT VALUE AS LOAD FACTORS 3 MINIMUM SIZE OF TRAP (inches) 2 Automatic clothes washers, residential 2 2 Bathroom group consisting of water closet, lavatory, bidet and bathtub or shower 6 Bathtubb (with or without overhead shower or whirlpool attachments) 2 11/2 Bidet 2 11/4 Combination sink and tray 2 11/2 Dental lavatory 1 11/4 Dental unit or cuspidor 1 11/4 Dishwashing machine,e domestic 2 11/2 Drinking fountain 112 11/4 Emergency floor drain 0 2 Floor drains 2 2 Kitchen sink, domestic 2 11/2 Kitchen sink, domestic with food waste grinder and/or dishwasher 2 11/2 Laundry tray (1 or 2 compartments) 2 11/2 Lavatory 1 k (t z= 3 11/4 Shower compartment, domestic 2 2 Sink 2 1112 Urinal 4 Footnote d Urinal, 1 gallon per flush or less 2c Footnote d Wash sink (circular or multiple) each set of faucets 2 11/2 Water closet, flushometer tank, public or private 411 Footnote d Water closet, private installation 4 Footnote d Water closet, public installation 6 k ( = Co Footnote d . For Sl: 1 inch = 25A mm, 1 gallon = 3.785 L. a For traps larger than 3 inches, use 'fable 709.2. b A showcnccad over a bathtub or whirlpool bathtub attachments does not increase the drainage fixture unit value. c See Sections 7091 through 709.4 for methods of computing unit value of fixtures not listed in Table 709.1 or for rating of devices with intermittent flows. d Trap size shall be consistent with the fixture outlet size. c For the purpose of computing loads on building drains and sewers, water closets or urinals shall not be rated at a lower drainage fixture unit unless the lower values are confirmed by testing. VJ Y/L TABLE 709.2 DRAINAGE FIXTURE UNITS FOR FIXi URE DRAINS OR TRAPS FIXTURE DRAIN OR TRAP SIZE inches) DRAINAGE FIXTURE UNIT VALUE 11/4 1 11/2 2 2 3 21/2 4 3 S 4 6 Standard Plumbing CodeC3c 1997 1' I Al For Sl: I inch = 25.4 iron. 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: Any and All extras not specified on plans and specifications. As per Tenant Improvement plans prepared by David A. Udkow Architect dated December 22, 1997. 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 shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to pro- ceed issued by the Owner. 1 Iuc rt the dale of commencement, if it doers from the date of ibis Agreement or, if applicable state tbat the date u11l be fixed lit a notice to proceed) Three (3) calendar days from date of "Notice to Proceed", receipt'of city approved blue prints, receipt of building permits or mall's signed permission to start work; whichever comes last. 2.2 The Contractor shall achieve Substantial Completion of the entire Work not later than ltuert the calendar date or number of calendar days after the date of comme»cement. Also insert any requirements for earlier Substantial Completion of certain pon lions of the Work, if not stated elseu bere in the Contract Documents.) Altamonte Springs -February 18, 1998 Seminole - February 25, 1998 Orlando Fashion Square - March 4, 1998 Four -weeks after receipt o buHdkrpermitPaddock - March 11, 1998 Merrit Square - March 18, 1998 subject to adjustments of this Contract Time as provided in the Contract Documents. Insert provisions, if any, for liquidated damages relating to failure to complete on time.) ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Four Hundred Nine Thousand e u p TT}, ,,,n /1nn Dollars S. 409,703.00 ' t dialtibh5 ed td`dbtCCt15'as provided in the Contract AIA DOCUMENTA107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA* • ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1755 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107-1987 2 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. ARTICLE 5 FINAL PAYMENT 5.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor whentheWorkhasbeencompleted, the Contract fully performed, and a final Certificate, for Payment has been issued by the Architect. ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents are listed in Article 7 and, except for hlodifications issued after execution Of this Agreement, are enumerated as follows: 6.1.1 The Agreement is this executed Abbreviated Form of Agreement Between Owner and Contractor, AIA Document A107, 1987 Edition. 6.1.2 .The Supplementary and other Conditions of the Contract arc those contained in the Project Manual datedandareasfollows: Document Title Pages Contractor Bid Package Exhibit 111 " (/Jl bchibit "2" Exhibit "A" to the Lease - Paddock Mall 1-9 Scope of Work by Tenant - Merrit Square 14-18 & 33-36 Description of Tenant's Work - Seminole Towne Center 1-4 Rules and Regulations - Seminole Towne Center Exhibit "B" to the Lease - Altamonte Mall B-2-B-14 Rules and Regultions - Altamonte Mall Tenant Contractor Manual Orlando Fashion Square 6.1.3. The Specifications are those contained in the Project Manual dated as in Subparagraph 6.1.2, and are as follows: Eitber list the Specjtcattons bere or refer to an exbtbtt attacbed to this Agreement) Section Title Pages Tenant Improvement Plans prepared by David -A Udkow Architect stamped "Not for Construction Bid Set Only" date received by Tony Crawford Construction December 15, 1997. Since no date appears on drawings. AIA DOCUMENTA107 • ABBREVIATED OWWER-CON 17RACTORAGREEMENT • NINTH EDITION • AIA* • ®1987 A107-1987 4 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W, WASHINGTON, D.C. 20006 WARNING. Unlicensed photocopying Violates U.S. copyright laws and Is subject to legal prosecution. 6.1.4 The Drawings are as follows, and are dated December 22, 1997 Enbe list the Dra 44np ben or refer to an =*Ibtt attached to Ibis Agreement.) Number Title unless a different date is shown below: Date N/A- V pit-- Job No P-1452 A1, A2, A3, A4, A5, A6, M1, P1, E1 Altamonte Springs, FL Job No P-1459 A1, A2, A3, A4, A5, A6, M1, P1, E1 Sanford, FL Job No P-1456 A1, A2, A3, A4, A5, M1, P1, E1 Merrit Island, FL Jbb No P-1466 A1, A2, A3, A4, A5, A6, M1, P1, E1, E2 Ocala, FL Job No P-1471 A1, A2, A3, A4, A5, A6, M1, P1; E1, E2 Orlando; FL 6.1 j5 The Addenda, if any, are as follows: Number Date N/A Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 6. 6.1.6 Other documents, if any, forming part of the Contract Documents are as follows: Ust any additional documents "kb are Intended to form part of the Contract DDcu"Ient%) See items listed under 6.1.2 AIA DOCUMENTA107 • ABBREVIATED OWNER-CONTRACTORAGREEMENr • NINTH EDITION • AIAe • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107--1987 5 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. The intent of the Contract Documents is to include ail items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as bind- ing as if required by all; performance by the Contractor shall be required only to the extent consistent with the Contract Docu- ments and reasonably inferable from them as being necessary to produce the intended results. 7.2 The,Contract Documents shall not be construed to create a contractual relationship of any kind (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 represen- tation that the Contractor has visited the site and become famil- iar with the local conditions under which the Work is to be performed. 7.4 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 obligations. The Work may constitute the whole or a part of the Project. ARTICLE 8 OWNER 8.1 -T1ICt eWncr-shaiNt3n*h-svNers d-.t-legal deseript of basiter 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, casements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 8.3 .If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently falls to carry 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 of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. ARTICLE 9 CONTRACTOR 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 all portions of the Work under the Contract, unless 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, equip- ment, 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 of 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 them. 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 permit- ted by the Contract Documents, 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 require- ments, including substitutions not properly approved and authorizcd, 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 under normal usage. If required by the-Ar-&kooh Ownex the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 9.5 Unless otherwise provided in the Contract Documents, the Contractor shall pay sales, consumer, use, and other similar taxes which are legally enacted when bids are received or nego- tiations concluded, whether or not yet effective or merely scheduled to go into effect, and shall secure and pay for the building permit 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 performance 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 variance therewith. 9.7 The Contractor shall be responsible to the Owner for the acts and omissions of the Contractor's employees, Subcolitrac- tors and their agents and employees, and other persons per- forming portions of the Work under a contract with the Contractor. AIA DOCUMENTA107 • ABBREVIATED OWNER-COXTRACTOR AGREEMENT • NINTH EDITI0+1 • AIA9 • ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE. N.W.. WASHINGTON, D.C. 20006 A107-1987 6 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subiect to legal ornsecution. 9.8 The Contractor shall review, approve and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reason- able promptness. The Work shall be in accordance with approved submittals. When professional certification of per- formance criteria of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon the accuracy and completeness of such certifications. 9.9 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials 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 progress wherever located. 9.11. -The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of patent rights and shall hold the Owner harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufac- turer or manufacturers is required by the Contract Documents unless the Contractor has reason to believe that there Is an Infringement of patent. 9.12 To the fullest extent permitted by law, the Contractor shall Indemnify and hold harmless the Owner, Architect, Archk- tcct's consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, includ- ing but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, dam- age, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible prop- erty (other than the Work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in pan by negligent acts or omissions 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 not such claim, damage, loss or expense is caused in part by a party Indemnified hereunder. Such obligation shall not be construed . to negate, abridge, or reduce other rights or obligations of idemnity 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 Contractor, a Subcontractor, anyone directly or Indirectly employed by them or anyone for whose acts they may be liable, the indemnifica- tion obligation under this Paragraph 9.12 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or a Subcontractor under workers' 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 Archi- tect's consultants, and agents and employees of any of them arising out of(l) 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 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. ARTICLE 10 ADMINISTRATION OF THE CONTRACT JDJ-TbeArchitca=Upuv:kk-adm4nWFage r-Ok'e6entract wldr,%traeichE'pwist73Fcp7csentaitvcZn during consFcucao , 3)-t weil-ielsi-payYner,Fi,dvCare(3 R-ith-thet ll tsrrcm_ r mc,..frouau=4o4w;;adw4ng4he-emmehen-period-dcsmbcd 4n- Rwagfaph-1.84- 10. 2-Ilse-Arch itscf Ali-v+sitt#x-site- st-irate rva}s appropriate to tilastagee conseroetion a eeome-gcnrnittfamdiarwkh-nft pmgrrssand_ qualit;:of-thca rapie ed c rl< a to-t#eterrtmx in, p nrrai tr lYfar]c.isbciag.pecfvsascd-i>}a-aae tfler-ieat• ingtha 4ho.-VtaFlirwhePreem*tcdrwiH-bc in accordancee %1dr ti> F-Gonfrac-Beeutncnts-+iot<-cvcr: til trchittct'n'tlttiS'b ru} rice.d-to-aaale x#austive-eecotttint:ousbn-sitcinspCcritms . tjualit}. o c}uaariy-of-t#tt orle.-0t}rb isofon- jls- ohsearatinnsas..aa.-architectr.rb Arc#iitecf-awl}-keep-tMe- OsweLia ma-Lcd.oLprogrcsW-the•WAxk-snd-wiii-endcnrorto- g1, Iarrithe.anersgaiau cfcccs.aaddc-f+cieFieiesirrt re ork- 10. 3 The Architect will not have control over or charge of and will not be responsible for construction means, methods, tech- niques, 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 Architect will not be responsible for the Contrac- tor' s failure to carry out the Work in accordance with the Con- tract Documents. 10. 4--Based-ewthe-ftrctntccftvbs cation wctEvtWiUiif6l- t} u.Croatraetar-Appiiestions-fer Paymenr,-rhe-a aciritLet-wffl us: ieaand-eet -tl r+earxsr-dae-t1rrEerrtractor id %-.M iss=. Cc tifiicates_fos.8aynw-m4 +sac4-wnonats. 19 JbtAcchitccLoilisnterpruaad cidarnauersEeaeexr- in fouuaacc_ ade&=dsequiremeats ekbe-GentractHomr uetzLi. oasesitten ecjtrest-0f-tit#let•-t 1e-0vi3ef or errtractor- The- Aschitast-aili-ri3akr-ir3itialrtieeiaia rrail-c aaTrs,tisp tes of ewmenirrgts mwbctR-card t:-Owrmrmnct C81i fd- - tes; aF 11-t°ot-be-Iiabk-forresvils-vf .my-utterpret3tro'i1s ai rLeclsinnc -- dcscd"sood-kki ,.-'F4eA4re iwt3-decbi=-In Na csltladng1n1es. l2c iCLffect .I11-W4iFal-Ii-e n9I9tetlt-Ykl't- the. inttrtr.expressed-iash4Gc n Faet-0oenrnerta-dl-otitcrdcCr- SIGA66• ihF 4dEliiieEt; e teept-tIlOSC1t'h7Ch'll'dPC'bCelTw7I0CQ'— i,'• iriiltii'iF-Cii-AFeCIK'dMCOf ftiYLi•-pal-met'rt lT.tlt'bt'3Q1SjetTTS arbkrafiee open-tlte-writtemdemartd Of-t: d ex party. 10. 6-I3e Arciiteee-Hilt-tisrc-autlwritp-tQTcjecr'Ct"at'k-cMch ues oot.roafouA-ta 6ewtraeFBeeuttterits. 10. 7_1hc_ Archkect-v ill-sevie a eaci--approve-or-takrotircr- apprepriate• aetiof*-UpOtr-OX-C-otltiactorT30bmnrtls-socl'ras Sisop- fags., 4PfodaeFBam=d-S=ptcs,-bur-tmty-fbTV t- liwAod- parpesetf-checkirig-forconformancc wkh-tnformm= giuerrr- md-the-des+gn-conccprrxpresscd'-irr-thr-CoMra'cr Beemnents.. a 0.8-A11-¢7a s-ef-isputerisets Yrn-ti eamracttsr tiZl'fE 40wner- ari3ingboror-zJzh g-r67h-Ct3ff=r,-r-tfie M7rC2c 4ar4oF,-, hW1-bedecided-icy-rrbiwzwrrm-atcard=L-'%*it -ffe Loauwetiea- it+d 6wj;-Arbkmien-ttvies-ofthe-Amerttarr'A7M- cation , Assoc K Atfy-bl-effeeFerMess tlte•partics-mtttD- ally agree-othw Ttastorcaf`[?'" Elaiill-eFdisptiteto- tite-hrchiltcrasregaiteth7tTt rParagN_p5_ _ 65-,Wticeofttrrdemartd' ftsr'artTiei'3taR sfia rb-e'Fledin vr t- ft-w4th- the ether p"-to-this-lgrmffm rmt -%,It RTiLrWcn- can Arbitmdc& Assoc gon-and-6htd6be mad" ithirt-a-ncasorr- able-ti= after the-d4pusa-hasaFisee.-The-awmdvendcmd-by AIADOCUMENTA107*ABBREVIATED OWNER -CONTRACTOR AGREEMENT- NINTH EDITION •AIAe 901987 7 A107- 1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 17;5 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 2=6 photocopying violates U.S. copyright laws and 13 subject to legal prosecution. lbear>aitm=-nrarillmuQl,&".bslwal,.andJudgment maybe tattredtrpntutinarcard ntssyltiLRDF5C2hIS1aw j_n a_nycourt_ aa3+ing-jerisdic iea IacrFof Exccpt-by-:riuew.coascat_oLthe rnnn nrtDilty3DL1$11LIQ.C jLllllfSi nQ atbisl tliszaaci gQvc 0f-0i.i4at ftjA)-4=_Co u2ct DUCA7=aUshm11 include byrnn- solidatiewrjeic efc r-itarara3=utb6r-fncusaecr airy-pccsow-ocowtit notes-party-to-the-Agreernene-t ec-w ie t el-sr<bktatien irises;tmless-it-irsltoserratthe -time the-deman*for-arbitretien is filed+ {})sac#pefse p e ewtit y +s-subua>rolued.lw 2-e0lMTt9R'QUeSt'lett-ef-fSCE9f-lSw; (}EiIC EE5eF1Ct-0 SliE li-peF•. aon-or-entity-irregttked4 eom*te-relicE4&te-be-aEc dedIR Eke-arbit*2*ien, (3)-the-interest-of-resp9asihi&.yW,%Kli-peraea er uit}=is-toe. asatter-is-not-iasubuowtial,and iAl ec-efttit-Is-wet-t.4f hitcFt-ec-as}t-tl..Architcus employees-or-consultants: The geecw3cwf-#lefeirr-art+er+t#le partirs-tolhc-Ag=cmuuandan)LDthcr-writtrn agr« *+ar rn arbiu2tr_rrlurrd_W br-reia-cballJ=_.Vzci11call}:_mfares bk under 2pplicahle-lay, inmy zaurtbaciog.ILWi iiaim-.th=QL ARTICLE 11 SUBCONTRACTS 11.1 A 4ubcontractor is a person or entity who has a direct contracivwith 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 %h&ot Rh_thc_Arrhk=the names 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..Ambitetz has made reasonable and timely objection. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. Con- tracts 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 Contrac- tor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities-* which the Contractor, by the Contract Documents, assumes toward the OwnerandArchitea, and (2) allow to the Subcon- tractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. 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 por- tions 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 else- where in the Contract Documents. 12.2 The Contractor shall afford the Owner and separate con- tractors reasonable opportunity for the Introduction and stor- age of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's construction and operations with theirs as required by the Con- tract Documents. 12.3 Costs caused by delays, Improperly timed activities or defective construction shall be borne by the party responsible therefor. ARTICLE 13 ' CHANGES IN THE WORK 13.1 The Owner, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or•modi- fications, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor -an _ A.rchk=A or by written Construction Change Directive signed by the Owner_iad-Aschitecc. 13.2 The Contract Sum and Contract Time shall be changed only by Change Order. 13.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 14 TIME 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Con- tractor confirms that the Contract Time is a reasonable period for performing the Work. 14.2 The date of Substantial Completion is the date certified by the Architect in accordance with Paragraph 15.3. 14.3 if the Contractor is delayed at any time in progress of the Work by changes ordered in the Work, by labor dissutes, fire, unusual delay in deliveries, abnormal adverse weather condi- tions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which-the-A•rehiteet determines may justify delay, then the Contract Time shall be extended by Change Order for such rea- sonable time as the-Asbit= may determine. Owner & Contractor 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 parties, (3) failure of the Contractor to make payments properly to Subcontrac- tors or for labor, materials or equipment, (4) reasonable evi- dence that the Work cannot be completed for•the unpaid bal- ance 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 bal- ance would not be adequate to cover actual or liquidated dam- ages for the anticipated delay, or (7) persistent failure to carry out the Work in accordance withthethe Contract Documents. 15. 3 When th WHjagrees tT•tatctFiework is substantially complete, the Alaiteet-++1-isst--C-ertit':cate-of-5tils,tantisl Complatio& Contractor will submit Application for 15. 4 Final pafflYM l 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, mate- rials and equipment for which alien could be filed, or a bond satisfactory to the Owner to Indemnify the Owner against such AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREDIEAT • NWTH EDITION • AIA9 • ®1987 THE AMERICAN INSTITITE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.VC, WASHINGTON. D.C. 20006 A107-1987 8 Hen. If such lien remains unsatisfied after payments are made, the Contractor sh.11 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 aris- ing 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 required by the Contract Documents. Acceptance of final payment by the Contractor, a Subcontrac- tor or material supplier shall constitute a waiver of claims by that payee except those previously madc in writing and idcnti- fied by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 the Contractor shall be responsible for initiating, main- taining,land supervising all safety precautions and programs In connection with the performance of the Contract. The Con- tractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 1 employees on the Work and other persons who may be affected thereby; 2 the Work and materials and equipment to be incor- porated 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 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 Subpara- graphs 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 obliga- tions of the Contractor are in addition to the Contractor's obH- gations 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 itself, to property which may arise out of or result from the Contractors operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or any- one directly or Indirectly employed by any of them. This insur- ance shall be written for not less than limits of HabWty specified in the Contract Documents or required by law, whichever coverage Is greater, and shall include contractual liability insur- ance 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 main- taining the Owner's usual liability insurance. Optionally, the Owner may purchase and maintain other insurance for self- protection against claims 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. i<3-t;rrltas-othcrn-isc-provided•,-tireK wner-Shait-pU M23t- and_mzinrain,Ja.a.corxtp uv,:-or-cvmpaaies-law#Aly-satherixed- tco-e t,sifless-iFr-t jsxisc#ietiorr-irr. hieh-thrProjeet--is- located,-pWOFIM - Susm.!ee-uporm-heenti%iAVm*-at- h nc-to Nx-€isiFiriurabirralttctitcrevF.-'ihisQrs'or rrt:e'sh'ait'be rt'.uratl- risir-pober-forsrand-** Include -irttrlr,:1tS Vfttre Oer; t7r- 6eexrxtor.-- Subcontractor3-mid--Smb-imbcontrat: ton-irrtfte Ngofk-• srtd-th2H-ims against-the-pcnis-of-fire-wrd-rxmrrded- ecKlerage- srtd-pttl-si -A iosrordarrrrgc b&dudi&ig, ttotrrdapli cadoa. aEcavcFaggrtiteF-vaF lisfft-ss d-ma3ieieurmisehieF- iZ4A r_Ozuers-prapaty ktsurance-shaU-be adjusw& wMethe-6wnec--anti-mtade-p2) zbieto th, wnrr 2s fusuciar} fe thE-it rfeds.-es•tt=,err-is'rterests'r ay'aPPeas'.-svbject to- t#te•ts t+rec ter ts-ef-a app3iesbie-rr emgagerdause--- 1Z5.' hellanushall..fik.a.cop}:s,fe h-pc lie it#t-ti3e•EetY- uaclar. befcstcar exp osureto-]eta-raa ec trF.-€aFit-floliersl li contain+ a-}Fev+sieFt- Est -tl pe}Icr-wi}I-not-brearnclicdvr- ailemsd to-ex irettflt+Eet lease 3Btis prior-trritten notieehaa- lxea. gi;:da.tath caruFaeteF. 17. 6 The Owner and Contractor waive all rights against each other and the Architect, Architect's consultants, separate con- tractors described in Article 12, if any, and any of their subcon- tractors, sub -subcontractors, agents and employees, for dam- ages 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 Work, except such rights as they may have to the proceeds of such insurance held by the Owner as fiduciary. The Contractor shall require similar waivers in favor of the Owner and the Contractor by Subcon- tractors and Sub -subcontractors. The Owner shall require simi- lar waivers in favor of the Owner and Contractor by the•Archi- tect, 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 17. 1 The Contractor shall purchase from and maintain In a 18.1 The Contractor shall promptly correct Work rejected by company or companies lawfully authorized to do business IpprfirthcA=hitect-or failing to conform to the requirements of the the jurisdiction in which the Project is located insurance for Contract Documents, whether observed .before or after Sub - protection from claims under workers' or workmen's compen- stantial Completion and whether or not fabricated, installed or sation acts and other employee benefit acts which are applic- ' completed, and shall correct any Work found to be not in able, claims for damages because of bodily injury, including accordance with the requirements of the Contract Documents death, and from claims for damages, other than to the Work • within a period of one year from the date of Substantial Com- AIA DOCUMENTA107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIA* • 01987 9 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., VtASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is s ublect to legal prosecution. pletion of the Contract or by terms of an applicable special war- ARTICLE 20 ranty required by the Contract Documents. The provisions of this Article 18 apply to Work done by Subcontractors as well as TERMINATION OF THE CONTRACT 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 Docu- ments. Establishment of the time period of one year as described in Paragraph 18.1 rc1216 only to the specific obliga- tion of the Contractor to correct the Work, and has no relation- ship 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 estab- lish 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 appli- cable siatute 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; 2 not later than the date of Issuance of the final Certifi- cate for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Com- pletion 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 Occur- ring after the date of the final Certificate for Payment. 20.1 If the Owner fails to make payment thereon for a period Of 30 days, the Con- tractor may, upon seven additional days' written notice to the Owner terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construc- tion equipment and machinery, including reasonable overhead, profit and damages applicable to the Project. 20.2 11 the Contractor defaults or persistently fails or neglects to carry out the Work In accordance with the Contract Docu- ments or falls 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 such deficiencies 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 finishing' 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. AIA DOCUMENTA107 • ABBREVIATED OWNER -CONTRACTOR AGRELMENT • NINTH EDITION • AIA* • ®1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution,,,., A107-1987 10 TONY CRAWFORD CONSTRUCTION GENERAL CONTRACTOR 10203 Plano Road Dallas, Texas 75238-1704rT, Telephone (214) 553-0044 Fax (214) 553-0103 http://www.tonycrawford.com January 5, 1998 EXHIBIT "2" Ms. Gheri Rhodes New West Eyeworks, Inc. 2104 West Southern Avenue Tempe, Arizona 85282 Re: Vista Optical - Five Locations in Florida Altamonte Springs, FL Sanford, FL Orlando, FL Ocala, FL Merrit Island, FL Dear Ms. Rhodes: Contract Addition TCC Job #97-148 TCC Job #97-149 TCC Job #97-150 TCC Job #97-151 TCC Job #97-152 It is our understanding that any work outside the plans and specifications as shown on the bid documents will be considered an extra. It is further understood that construction exhibits between the lessor and lessee is for informational purposes only and is not a part of our contract. Y ack Worley Project Manager JW/bjs EXHIBIT " 1 " 0 1 Demolition 2 Barricade 3 Storage (Temporary) 4 Slab Work 5 Carpentry 6 Studs/Drywall 7 Acoustical Ceiling 8 Painting 9 Floor Installation (Excludes Carpet -Labor only) 10 Glass/Mirrors 11 Specialties 12 Sprinklers(Flush Heads) 13 Plumbing 14 Electrical 15 Mechanical 16 Roof Cuts/Patch 17 Fixture Installation 18 Cleaning 19 General Conditions(list Separately) 20 Miscellaneous 21 Supervision 22 Sub -Total 23 Overhead 8 Profit _ %) 24 State Taxes (If Applicable) 25 Bond (If Applicable) TONY CRAWFORD CONST. NEW JOBS PACKAGE BID DEC. 21,1997 Job # 97-149 Job # 97-150 Job # 97-148 Job # 97-151 Seminole Mall Orlando Fashion Altamonte Mall Paddock Mall Sanford. Ft. Orlando. Ft. Altamonte. Ft. Ocala, FI. Job # 97-152 Merril Sq. Mall Merrill Isl.. FI. All Job Totals EXCLUDED 6,000.00 EXCLUDED EXCLUDED 1,750.00 7,750.00 EXCLUDED EXCLUDED EXCLUDED EXCLUDED EXCLUDED EXCLUDED 491.18 491.18 491.18 491.18 491.18 2,455.91 897.39 1,332.76 1,215.28 1,379.16 962.55 5,787.15 4,373.02 2.915.35 6,122.23 1,943.56 2,915.35 18,269.51 9,050.99 13.905.17 12,861.93 10,956.46 6,902.57 53,677.11 1,269.49 2,232.41 1,718.52 2.029.02 1,587.84 8,837.28 1,384.74 2,435.60 1,875.91 2,214.62 1,732.13 9,642.99 5.169.75 6,173.58 4,196.75 1,786.23 1,322.70 18,649.01 8,727.34 9,904.06 13,630.34 8,531.22 9,756.97 50,549.95 600.00 60U.00 600.00 600.00 600.00 3,000.00 1,645.65 2,895.67 2.229.83 2,632.26 2,059.73 11,463.14 4,982.82 4,937.62 4,666.42 5,210.79 3,778.14 23,575.78 11,398.94 19,802.23 15,436.80 18,224.00 14,257.60 79,119.58 5,285.72 9,298.95 3,132.28 9,298.95 5,873.02 32,888.91 0.00 0.00 0.00 950.00 0.00 950.00 1,650.00 3,077.31 2,369.52 2,800.00 1,850.36 11,747.20 553.83 973.55 749.70 885.74 792.96 3,955.78 2,619.05 3,014.30 2,800.00 2,714.30 2.514.00 13,661.65 587.30 587.30 587.30 600.00 587.30 2,949.19 4.650.00 4,947.07 4,859.74 4,765.41 4.747.65 23,969.87 65,337.20 95,524.12 79,543.74 78,012.90 64,482.06 382,900.00 4,573.60 6,686.69 5,568.06 5,460.90 4,513.74 26,803.00 EXCLUDED EXCLUDED EXCLUDED EXCLUDED EXCLUDED EXCLUDED Total: $11oza10:601I CLARIFICATIONS: 1. All items not priced or listed above is excluded. 2. No Mall demo or work on demising walls, bulk heads, or soffits out side the lease space. 3. Any omission from tenant lease not included on bid set plans are excluded. LUDED A/C, ROOF, GREASE TRAPS, GAS, WATER METER New Wes yework o "'c a' a, P_ a A To M. January 9, 1997 VIA FEDERAL EXPRESS OVERNIGHT DELIVERY_ Mr. Dave Archer w u • ., . 108 Vindale L- Fort'Pierce, FL 34951 1 y RE: Vista Opticals- Ocala,•Sanford and Altamonte Springs, Florida Dear Dave: Enclosed are the permit applications for the 'above referenced stores. I did not sigh the application for. { Ocala because I believe the'Landlord's signature is what is required. If I am incorrect, please let me know. / Should you'have any questions, please coptact me at 6024384330 extensiom2082. Sincerely, NEW W ST EYEWWS, INC. - Gen odes. / P erty Manager A ` f Enclosures 1 2104 West Southern Avenue, Tempe, Arizona 85282' 602.438.1330 •Fax A M E R I C A N I N S T I T U T E O F A R C H I T E'C T S 1 AIA Document A107 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 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. AGREEMENT made as of the Thirty -First Nineteen Hundred and BETWEEN the Owner: Name and address) and the Contractor: Name and address) day of December Ninety -Seven in the year of NEW WEST EYEWORKS, INC., a Delaware corporation 2104 W. Southern Avenue Tempe, Arizona 85282 PRO lUMEVE SEALING IM d/b/a 7ONY (RANTUM QONS'IIZiJC'1ZON bt- RANDYPARLWRb- IeN 10203 Plano Road Dallas, Texas 75238-1704 The Project is: 5 Vista Opticals - Altamonte Mall, Altamonte Springs, Florida Name and rocarion) Seminole Towne Center, Sanford, Florida Orlando Fashion Square, Orlando, Florida Paddock Mall, Ocala, Florida The Architect is: Merrit Square Mall, Merrit Island, Florida name and address) DAVID A. UDKOW ARCHITECT 9750 North 96'h Street, Suite 219 Scottsdale, AZ 85258 The Owner and Contractor agree as set forth below. Copyright 1936. 1951, 1958, t9Ctl, 1963, 1966, 1974, 1978, 01987 by The American Institute of Architects; 1735 New York Avenue..i. W., \\'ashingion, D.C. 20006. Reproduction of the materhil herein or substantial quotation of its provisions without written permission or the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT AIOT 9 ABBREVIATED OWNER -CONTRACTOR AGREEMENT* NINTH EDITION* AIAO 901987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.\M. WASHINGTON. D.C. Z(XX16 A107-1987 1 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 3.2 The Contract Sum is based upon the following alternates, If any, which arc described in the Contract Documents and are hereby accepted by the Owner: State the numbers or other ldentiftcatlon of accepted allawates. if decisions on otberalternates are to be made by the Ou+u•rsubsequent to the execution of ibis Agreement, attach a schedule of scab other alternates sboudng the amount for eacb and the date until which that amount Is valid.) N/A 3.3 Unit prices, if any, are as follows: Contractor Bid Package EYIAbit 111 " Exhibit "2" Paddock Mall = $83,473.80 Merrit Square = $68,995.80 Seminole Towne Center = $69,910.80 Altamonte Mall = $85,111.80 j Orlando Fashion Square = $102,210.80 Change Orders for extended overhead and extra time by the Architect, Owner or Owner's Representatives, Owner's other contractors or Owner supplied labor. will be allowed for delays caused Owner's material suppliers, ARTICLE 4 PROGRESS PAYMENTS ori 4.1 Based upon Applications for Payment submitted to Architect; the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and else- where in the Contract Documents. The period covered by each Application for Payment shall be one calendar month ending on th last day of the month, or as follows. Twenty -Fifth (25th) of each month Contractor shall submit an Application for Payment to Owner. Owner shall make payment to the Contractor not later than the tenth (10th) day of the following month. If an Application for Payment is not received by the Owner after the 25th, then payment to the Contractor shall be made by Owner not later than fifteen (15) days after receipt of Application for Payment. 4.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate.stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. bisect rate of interest agreed upon, if arty.) y( A 12% per.annum (annually) Usury taus and requirements under the Federal Truth in Lending Act, similarstate and iota! casumer credit taus and other regulations at the Owners and Contractor'sprincipalplacesofbusinmthelocationoftheProjectandetwuheremayaffectthetwltdityofIbisprolusion. Legal ad+ ice should be obtained udtb respect to deletions ormodyloations, and also regarding requirements such as u71tten disclosures or uahrrs.) AIA DOCUMENT A107 0 ABBREVIATED OWNER -CONTRACTOR AGREEMENT 9 NINTH EDITION *AM* 901987 A107-1987 3THEAMERICANINSTITUTEOFARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. N/A This ARTICLE 21 OTHER CONDITIONS OR PROVISIONS t written above. - CONTRACTOR d/b/a L-yI°n, Nydps, Louis C. Crawford; President Printed name and title) (Printed name and tile) MCAUTION: You should sign an original AIA document which has this caution printed In red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT A107 • ABBREVIATED OWNER -CONTRACTOR AGREEMENT • NINTH EDITION • AIAe • 01987 11 A107-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 WARNING: Unlicensed photocopying violates Us. copyright Ism and 13 subject to legal prosecution. 5/93