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09-9922
CITY OF ZEPHYRHILLS 5335 - 8TH STREET (813)780 -0020 9922 BUILDING PERMIT . 22 Permit Number: 9922 Address: 784G BLVD Permit Type: COMMERCIAL ZEPHYRHILLS, FL. Class of Work: ADD /ALT COMMERCIAL Township: Range: Book: Proposed Use: NOT APPLICABLE Lot(s): Block: Section: Square Feet: Subdivision: ZEPHYRCOMMONS Est. Value: Parcel Number: 35- 25 -21- 0130 - 00000 -0140 Improv. Cost: 2,210.00 1. ., `' , ; Date Issued: 12/23/2009 Name: ZEPHYR COMMONS LLC Total Fees: 1,045.50 Address: 3629 MADACA LANE Amount Paid: 1,045.50 TAMPA FL 33618 Date Paid: 12/28/2009 Phone: (813)933 -0629 Work Desc: 1ST BUILD OUT PET SMART 7800 SQ. FT Al -1 — - Li - 1 BUILDI 9 7.50 ELE I AL E 232.50 TRI AREA ELECTRICAL CONSTRUCTION PLUMBING FEE 82.50 MECHANICAL FEE 165.00 ROY J SCHLEMAN PLUMBING CO INC FIRE PLAN REVIEW FEES 468.00 • BRITTON AIR,INC. (1■111(ki,.: _.-.11--1 � ) - '` �/ I ( L( ' d I� Pte' as C3f�6� Q e)" `- •. - 2 I - • PLU : M S IN UL EILIN FOOTER BOND DUCTS INSULATED SEWER MISC. ROUGH ELECTRIC LINTEL MISC MISC. 1ST ROUGH PLUMB PRE -METER INSULATION WALL MISC. DUCTS INSTALLED WATER MISC DRIVEWAY PRE -SLAB SHEATHING MISC. MISC. CONSTRUCTION POLE FRAME MISC. MISC. REINSPECTION FEES: Reinspection fees will comply with Florida Statute 553.80 (2)(c) when extra inspection trips are necessary due to any one of the following reasons: a) wrong address b) condemned work resulting from faulty construction c) repairs or corrections not made when inspections called d) work not ready for inspection when called e) permit not posted on job site f) plans not at job site g) work not accessible. 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, state agencies or federal agencies. The payment of inspection fees shall be made before any further permits will be issued to the person owning same "Warning to owner: Your failure to record a notice of commencement may result in your paying twice for improvements to your property. If you intend to obtain financing, consult with your lender or an attorney befo - recording yo r notice of commencement" 6 .-e-- fir 44 I% - \� 4...../.. w.‘ AI CONTRACTOR SIGNATURE PERMIT OFFI FR PERMIT EXPIRES IN 6 MONTHS WITHOUT APPROVED INSPECTION CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED PROTECT CARD FROM WEATHER BUILDING PERMIT CITY OF ZEPHYRH( This • s i • = posted in a conspicuous coca o r ing work RMIT NO. `� DATE M sarali DRESS % I_ fRK DESCRIPT. Ira 631140 .6411. f5"4 Building al G dot LECT ICAL ntractor Contractor • Ater Const. Pole Slab Temp. Ser. itel Rough -In iming Pool Julation CI Pre-Meter lulation WI Final veway :c. LUMBING ECHANICAL ntractor M0 Contractor hIt it tb Rough -In Discon. & Breakers to Set Ducts Insulated ter Compressor wer Final ial CALL FOR INSPECTION 8 HOUR NOTICE REQUIRED 1- 813 -780 -0020 PROTECTTHIS -CARD FROM WEATHER i7 A Divrivn Tn (WNPD • WITTD A TT .Tm D 1 (DT1 A 1vfTT( aI , REPRESENTING a5N ALEX SINK CHIEF FINANCIAL OFFICER STATE OF FLORIDA • * - 7 , 4 EXEMPTION APPLICATION RECEIPT This receipt ONLY confirms that the applicant listed below has submitted an application for exemption from the provisions of the workers' compensation law to the Division of Workers' Compensation. THIS RECEIPT DOES NOT CONSTITUTE PROOF THAT AN EXEMPTION HAS BEEN ISSUED TO THE APPLICANT. AN EXEMPTION SHALL BECOME EFFECTIVE WHEN ISSUED BY THE DEPARTMENT. DATE RECEIVED: DECEMBER 10, 2009 APPLICANT'S NAME: BUSINESS NAME: * *a■ - \�� \IN '.. Receipt Completed By: Jar/pie S COX The Division has 30 days to review your application. The Division will either issue a Certificate of Election to be Exempt or notify you by mail that your application is incomplete and what information or documents are needed to complete the application. The Division reviews and processes exemption applications in the order they are received. You can visit the Division's website at http: / /www.myfloridacfo.com/wc /and click on the Proof of Coverage icon that is listed under the office of Workers Compensation. As soon as the Division issues your exemption, it will be reflected on the Proof of Coverage database and your Exemption Certificate will be mailed to you the day after it is issued. The exemption application was received at the following Division of Workers' Compensation Office: Department of Financial Services Bureau of Compliance W 1313 N Tampa Street Received by V. Suite 503, Park Trammell Bldg Tampa, FL 33602 DEC 1 ?.009 Telephone (813) 221 -6506 ext. 76514 Bureau of Compliance Tampa NOTICE OF ELECTION TO BE EXEMPT Please thoroughly read•tbe instructions before completing this application. Print legibly in each data entry field. If this application contains incomplete or inaccurateinformation or if the handwriting is not legible, it may cause a delay in the issuance of your exemption. SECTION 1: Applicant Name (please print): 1 S Applicant's social security number: . / b Z-- / 7 3 ) Applicant's E -mail address (optional): TT S \off tAg. • C t W1 SECTION 2: I am applying for exemption as a (You must check only one box in this section): CONSTRUCTION INDUSTRY ($50 FEE REQUIRED) - The Division will accept a money order or a cashier's check made payable to the DFS WC ADMINISTRATION TRUST FUND. —1 Officer of a Corporation (Title): \ti. �.� - ❑ Member of a Limited Liability Company (LLC) NON - CONSTRUCTION INDUSTRY (NO FEE REQUIRED) ❑ Officer of a Corporation (Title): An officer electing an exemption under Chapter 440, Florida Statutes is not entitled to benefits under this chapter. SECTION 3. The corporation of which you are an officer or the limited liability company of which you are a member must be registered and in an active status with the Florida Division of Corporations. Applicants applying as an officer of a corporation must be listed as an officer of the Corporation with the Florida Division of Corporations. List the document number (document number shown on your Annual Report) on file with the Florida Division of Corporations. t, q be, et t ' y `t SECTION 4. This exemption application applies only to the person signing the application, the Corporation/LLC that is listed below, and the scope of business or trade listed: \ Name of Corporation or LLC: �Q \ t \T C O Xk � . I , s.� l D VO FEIN: a 74/ "I*7 ta* AS REGISTERED WITH THE FLORIDA DIVISION OF CORPORATIONS Business Name: Phone: ( F'I)) C J6 -//•14 IF APPLICABLE - LIST FICTITIOUS NAME; DOING BUSINESS AS (DBA); ALSO KNOWN AS NAME (AKA) Applicant's Address of Record: t.kk. a \ INCLUDE APARTMENT OR SUITE NUMBER City: — 7.bN AIN State: . Zip: 3 ?l 3Lj County \ \\ b`say,\\ \ ‘1/4� Scope of Business or Trade: 1. qy y,, 2. 3 . 4 . SECTION 5. List all certified or registered licenses issued pursuant to Chapter 489, F.S. held by the applicant, or the certified or registered license numbers held by the qualifier for the corporation or LLC listed on this application of which the applicant is a corporate officer: za. SECTION 6. If you have submitted an electronic payment for this application, write the transaction confirmation number in the following space: SECTION 7. Are you affiliated with any corporation (including LLC) other than the corporation (including LLC) to which this application applies? :Wes 5kNo IF YES, PLEASE LIST THE NAME(s) AND FEIN(s) OF THE AFFILIATED CORPORATION(s) OR LLC(s): NAME: FEIN: SECTION 8. If your corporation or LLC is engaged in the construction industry, you must provide the required proof of ownership in the corporation or LLC. A. To be eligible for a construction industry exemption as an officer of a corporation, the applicant must be a shareholder, owning at least 10% of the stock of the corporation. A COPY OF A STOCK CERTIFICATE EVIDENCING THE REQUIRED OWNERSHIP MUST BE ATTACHED. B. To be eligible for a construction industry exemption as a member of a limited liability company, the applicant must confirm ownership of at least 10% of the company. THE REQUIRED OWNERSHIP MAY BE ESTABLISHED BY PRODUCTION OF DOCUMENTATION REFLECTING THE REQUIRED OWNERSHIP, OR BY SUBMITTING A STATEMENT ATTESTING TO THE REQUIRED OWNERSHIP. THIS APPLICATION IS CONTINUED ON PAGE 2 DWC 250, NOTICE OF ELECTION TO BE EXEMPT— REVISED 12108; RULE 69L- 6.009, F.A.C. NOTICE OF ELECTION TO BE EXEMPT — Page 2 SECTION 9. FRAUD NOTICE A. Any person who, knowingly and with intent to injure, defraud, or deceive the department or any employer or employee, insurance company or any other person, files a notice of election to be exempt containing any false or misleading information is guilty of a felony of the third degree. B. Attestation of applic ; - By signin ,_ glow, I attest that I have read, understand and acknowledge the foregoing notice. IIL SI ' A • OF APPLICANT 11 11 \ SECTION 10. You must identify the workers' compensation insurance carrier that covers any non - exempt employees of your business. Carrier Name: 1•.• d ��. � Ik\ moo AFFIDAVIT OF APPLICANT: I hereby certify that the information contained herein is true and correct to the best of my 1 . • , ledge and belief that this election does not exceed exemption limits for corporate officers, including any affiliated co • <\ I as • "vie ' §440.02 Florida Statutes. APPLICANT'S SIGNATURE DATE SI NED NOTARY STATE OF FLORIDA, COUNTY + ` Sworn to and subscribed before me this 3u day of L 0k) 4 , ooi , by ,e2cc -- r - Personally Known ✓R Produced Identification Type of Identification Produced Ado, — J i NOTARY SIGNATURE _ l e. . A � / 0 or, My Commission Expires 9 (3 / Please mail or submit your completed application, application fee, d any required attachments to The Division of Workers' Compensation at the district office nearest your place of business. STATE USE ONLY Effective/Issue Date: 2295 Victoria Avenue, Suite 163 921 North Davis Street 401 NW 2^d Avenue Ft. Myers, FL 33901 Building B, Suite #250 Suite #321, South Tower Telephone (239) 461 -4006 Jacksonville, FL 32209 Miami FL 33128 Expiration Date: Telephone (904) 798 -5806 Telephone (305) 536-0306 610 E. Burgess Road Pensacola, FL 32504 - 6320 400 West Robinson Street TALLAHASSEE SUBMITTERS Control Number: Telephone (850) 453 -7804 Room #512, North Tower Orlando FL 32801 Wady -in submissions: 3111 S. Dixie Highway, Suite # 123 Telephone (407) 835-4406 or 2012 Capital Circle SE Postmark Date: West Palm Beach FL 33405 (407) 245 -0896 Suite #102, Hartman Bldg. Telephone (561) 837 -5716 Tallahassee FL 32399 -2161 499 Northwest 70th Ave., Suite # 116 Telephone (850) 413 -1609 Payment Number: 1313 N. Tampa Street, Suite # 503 Plantation FL 33317 Tampa FL 33602 Telephone (954) 321 -2906 Mail in submissions Telephone (813) 221 -6506 200 East Gaines Street Received Date: Live Oak Business Center Tallahassee FL 32399 -4228 1111 NE 25th Ave., Suite # 403 5969 Cattlemen Lane Telephone (850) 413 -1609 Ocala FL 34470 Sarasota FL 34232 Telephone (352) 401 -5350 Telephone (941) 329 -1120 "The collection of the social security number on this form is specifically authorized by Section 440.05(3), Florida Statutes. The social security number will be used as a unique identifier in Division of Workers' Compensation database systems for individuals who have applied for and /or been issued a certificate of election to be exempt. It will also be used to identify information and documents in those database systems regarding individuals who have applied for and /or been issued a certificate of election to be exempt for internal agency tracking purposes and for purposes _ of responding to both public records requests and subpoenas that require production of specified CAROL SMIDDY documents. The social security number may also be used for any other purpose specifically ; 0 ;1 4 ?o ° �A Notary Public - State of Florida required or authorized by state or federal law." .` = My Commission ExpiresAug 13, 2(11 DWC 250, NOTICE OF ELECTION TO BE EXEMPT — REVISED 12!08; RULE 69L-6.009, F.A.C. "'",,a.... Bonded Through National Notary Assn. • o JAMES T. SMITH 11 -89 6173 tl BUILDING CONTRACTOR 63- 137/631 4101 WINDTREE DR. TAMPA, FL 33624 a N J PHONE 813-610-1159 J (/0 id / DATE ii ORDER o %. t. - ‘�l \`R ' c\hvt- - 1 $ / 4 a • G O & \---,1,-\.. IV 64V/45-e- t Security ;Walla on O. DOLLARS e ".,.. MERCANTILE RANK M. FOR ��� \ •C— ``10,11, M' I: 06 3LL377N86005590LL11' 6 + ,3 ZEPHYRHILLS FIRE DEPARTMENT 6907 Dairy Road, Zephyrhills, FL 33542 Fire Chief Keith Williams Bus (813)780 -0041 Fax (813)780 -0044 FIRE SERVICE USER FEES Occupancy No.: Plan No.: , q- 1 Contractor: Business Name: P 2 .. - 0r7" Billing Address: Business Address: 4? - 117k' ‘,'-// ee/ Business Phone No.: 4)2 Billing Phone No.: Business Fax No.: Billing Fax No.: Contact: Contact: — PLAN REVIEW FEES _ INSPECTION FEES _ PERMIT FEE _ FALSE ALARM FEE Site Plan N/C Annual N/C Sprinkler $50 1st Alarm N/C _ _ _ 'f Mufli Family /Commercial .06 sf 1st Re- inspection N/C _ Standpipes $50 — 2nd Alarm N/C r (Minimum Charge $25.00 _ 2nd Re- inspection $100 _ Fire Pump $50 _ 3rd Alarm N/C 0 Plan Revisions DBL _ 3rd Re- inspection 5250 _ Hoods $50 — 4th Alarm $100 4th Re- Inspection 5500 _ Fire Alarm $50 _ 5th Alarm $150 SPRINKLER SYSTEMS (Business closed until — LP Gas $50 — 6th Alarm $200 — 0 - 25 Heads 550 violations corrected) _ Natural Gas 550 _ NON COMPLIANCE $150 26 plus Heads $100 SPRINKLER SYSTEMS Fuel Tanks- per tank 550 STANDPIPE SYSTEM _ Hydro ergro Undunds $45 — Sparklers $100 fl Per Riser 550 _ Hydrostatic Test $65 per Fire Works $500 em FIRE PUMP — Acceptance Test $45 per system Camp Fire $25 fl Per Pump $100 Hydrant Flow $75 _ Controlled Bum $100 _ FIRE ALARM SYSTEM _ Hood/Duct 550 — 0 - 25 Devices $50 _ FIRE ALARM SYSTEM — Place of Assembly $50 Annual _ 26 plus Devices $100 _ System Acceptance $50 _ Fire Protection $25 _ SUPPRESSION SYSTEMS — Recall Acceptance $50 — Flammable Application $50 Annual Wet $50 _ OTHER _ Waste Tire Storage $50 Annual Dry $50 _ Fire Wa1I /Smoke Wall $15 per wan _ Generator < KW $100 CO2 $50 _ LP Gas $25 per tank _ Generator >30 KW 150 Other $50 _ Natural Gas $25 per system Bio- Hazard Waste $100 Annual KITCHEN EXHAUST _ Fumigation Tenting $50 0 Hood/Ducts $50 _ Tent 10'x10' or greater $15 per tent _ Torch Pot/Applied $50 OTHER — Pump , $45 _ Haz. Materials $100 Annual _ LP Installation per tank $50 _ Fire Suppression $30 _ Fuel Tank Installation $50 _ System Acceptance (Per Tank) $50 _ Exhaust Hood/Duct $30 El Natural Gas Installation $50 _ Re - inspection DBL (Per System) (other than annual) _ 0 Spray Booth $50 0 Inspection scheduled DBL and cancelled less than _ 24 hours Construction insp. N/C _ 9 p Emergency Vehicle Act $50 FALSE ALARM PLANS TOTA INSPECTION TOTAL PERMIT TOTAL TOTAL GRAND TOTAL IIIMM �' Comments: Date: Z * VA' Ins I actor: d, ---- 7 6Z% - l- 813-780-G020 City of Zephyrhills Permit Application 1 Fax- 813 -780 -0021 i Building Department ! a tom/ 7 sb, Ff /211//0962;32„,A 2 /14'. ✓9Z Date Received . . 0 Phone Contact for Permitting Q 4/0 -- Owner's Name z ee#YA Goof i' //GC- ' Owner Phone Numbe I T'3J s -et Z!j Owner's Address 3 6t /t1 ,4D ✓ - u� 0 / I 4 i 3 314 Owner Phone Number `! Fee Simple Titleholder Name 54-Ale Owner Phone Number Fee Simple Titleholder Addres 'AMC JOB ADDRESS G 1.‘..N. b` V L' LOT # SUBDIVISION PARCEL ID# 35 s v/ - 000 - 0 000(7 - D /y (OBTAINED FROM PROPERTY TAX NOTICE) WORK PROPOSED II NEW CONSTR ADD /ALT I I SIGN I I MOVE I I DEMOLISH INSTALL REPAIR PROPOSED USE I I SFR - COMM I I OTHER 1 I TYPE OF CONSTRUCTION I I BLOCK I I FRAME I I STEEL n OTHER I I DESCRIPTION OF WORK /4d 7 o5 ` _ ,,„, "" BUILDING SIZE SQFOOTAG- .,— ., s: T # HEIGHT V BUILDING $ VALUATION OF TOTAL CONSTRUCTION L 1 ELECTRICAL $ ---, AMP SERVICE fc a► PROGRES §ENE Y W.R.E.C. i I PLUMBING $ ^ V `��!/( A 6 t. MECHANICAL $ / / 4 O VALUATION OF MECHANICAL INSTALLATION I I GAS I I ROOFING 1 1 SPECIALTY I 1 OTHER FINISHED FLOOR ELEVATIONS FLOOD ZONE AREA I IYES LINO BUILDER —�,, P.: ''''4, `t &4'b & ` VIIA SIGNATURE Al — _ , k .. REGISTERED I Y / N I FEE CURRENT ' I Y / N I Address iA Ab\ \' \'■K"tr`4'1" 4 1 :Ntvi \q, 3)164 License # \IC + &Z.-Vt.-L:3 ELECTRICIAN Ay ,: ''•;; .: - !!' `'COMPANY r 7 e r (4' 5 fAJ''r' ) REGISTERED / N FEE CURR SIGNATURE � I I Y/ N I Address 1 !, 0 01 42 — //e (AU - , '4 License # 'EC. C 130o 3,s i ., , ,,, T C OMP J PLUMBER ANY koy se/a/em/gn w .4, a'/°�" /__ . SIGNATURE I / 1 REGISTERED I Y/ N I FEE CURRENT Y/ N Address lis 41-1 m Lame j Me 40 � •`,3 e License # eP 2 - 1(-27 MECHANICAL 2; ® COMPANY D �� / `N I � EECURRENT I Y / N I SIGNATU �,. _J''v` \kii)k Address / 462 .. - _-_%' S',__! ai/ - i 1/ /I License # OTHER COMPANY SIGNATURE REGISTERED I Y/ N I FEE CURRENT I Y/ N I Address License # RESIDENTIAL Attach (2) Plot Plans; (2) sets of Building Plans; (1) set of Energy Forms; R -O -W Permit for new construction, Minimum ten (10) working days after submittal date. Required onsite, Construction Plans, Stormwater Plans w/ Silt Fence installed, Sanitary Facilities & 1 dumpster; Site Work Permit for subdivisions /large projects COMMERCIAL Attach (3) complete sets of Building Plans plus a Life Safety Page; (1) set of Energy Forms. R -O -W Permit for new construction. Minimum ten (10) working days after submittal date. Required onsite, Construction Plans, Stormwater Plans w/ Silt Fence installed, Sanitary Facilities & 1 dumpster. Site Work Permit for all new projects. All commercial requirements must meet compliance SIGN PERMIT Attach (2) sets, of Engineered Plans. * ** *PROPERTY SURVEY required for all NEW construction. - - Directions: Fill out application completely. , Owner & Contractor sign back of application, notarized If over $2500, a Notice of Commencement is required. (A/C upgrades over $5000) ** Agent (for the contractor) or Power of Attorney (for the owner) would be someone with notarized letter from owner authorizing same OVER THE COUNTER PERMITTING (Front of Application Only) Reroofs Sewers Service Upgrades A/C Fences (Plot/Survey /Footage) Driveways -Not over Counter if on public roadways..needs ROW NOTICE OF DEED RESTRICTIONS: The undersigned understands that this permit may be subject to "deed" restrictions" which may be more restrictive than County regulations. The undersigned assumes responsibility for compliance with any applicable deed restrictions. UNLICENSED CONTRACTORS AND CONTRACTOR RESPONSIBILITIES: If the owner has hired a contractor or contractors to undertake work, they may be required to be licensed in accordance with state and local regulations. If the contractor is not licensed as required by law, both the owner and contractor may be cited for a misdemeanor violation under state law. If the owner or intended contractor are uncertain as to what licensing requirements may apply for the intended work, they are advised to contact the Pasco County Building Inspection Division — Licensing Section at 727 -847- 8009. Furthermore, if the owner has hired a contractor or contractors, he is advised to have the contractor(s) sign portions of the "contractor Block" of this application for which they will be responsible. If you, as the owner sign as the contractor, that may be an indication that he is not properly licensed and is not entitled to permitting privileges in Pasco County. TRANSPORTATION IMPACT /UTILITIES IMPACT AND RESOURCE RECOVERY F EES: The undersigned understands that Transportation Impact Fees and Recourse Recovery Fees may apply to the construction of new buildings, change of use in existing buildings, or expansion of existing buildings, as specified in Pasco County Ordinance number 89 -07 and 90 -07, as amended. The undersigned also understands, that such fees, as may be due, will be identified at the time of permitting. It is further understood that Transportation Impact Fees and Resource Recovery Fees must be paid prior to receiving a "certificate of occupancy" or final power release. If the project does not involve a certificate of occupancy or final power release, the fees must be paid prior to permit issuance. Furthermore, if Pasco County Water /Sewer Impact fees are due, they must be paid prior to permit issuance in accordance with applicable Pasco County ordinances. CONSTRUCTION LIEN LAW (Chapter 713, Florida Statutes, as amended): If valuation of work is $2,500.00 or more, I certify that I, the applicant, have been provided with a copy of the "Florida Construction Lien Law — Homeowner's Protection Guide" prepared by the Florida Department of Agriculture and Consumer Affairs. If the applicant is someone other than the "owner ", I certify that I have obtained a copy of the above described document and promise in good faith to deliver it to the "owner" prior to commencement. CONTRACTOR'S /OWNER'S AFFIDAVIT: I certify that all the information in this application is accurate and that all work will be done in compliance with all applicable laws regulating construction, zoning and land development. Application is hereby made to obtain a permit to do work and installation as indicated. I certify that no work or installation has commenced prior to issuance of a permit and that all work will be performed to meet standards of all laws regulating construction, County and City codes, zoning regulations, and land development regulations in the jurisdiction. I also certify that I understand that the regulations of other government agencies may apply to the intended work, and that it is my responsibility to identify what actions I must take to be in compliance. Such agencies include but are not limited to: - Department of Environmental Protection- Cypress Bayheads, Wetland. Areas and Environmentally Sensitive Lands, Water/Wastewater Treatment. Southwest Florida Water Management District - Wells, Cypress Bayheads, Wetland Areas, Altering Watercourses. - Army Corps of Engineers - Seawalls, Docks, Navigable Waterways. - Department of Health & Rehabilitative Services /Environmental Health Unit - Wells, Wastewater Treatment, Septic Tanks. . . - US Environmerifat Protecttbti'Agency- Asbestos abatement. Federal Aviation Authority- Runways. 1 understand that the following restrictions apply to the use pf - Use of fill is not allowed in Flood Zone "V" unless expressly pe'IMitted. If the fill material is to be .used in Flood Zone "A ", it is understood that a drainage plan addressing a "compensating volume" will be submitted at time of permitting which is prepared by a professional engineer licensed by the State of Florida. If the fill material is to be used in Flood Zone . "A" in .connection with a permitted building using stem wall cpnstructign,,l,certify that fill will be used only to fill the area within the stem wall. - If fill material i4'16 be used irt• 'My area I certify that use of such fill will not adversely affect adjacent properties. If use of fill is found to adversely affect adjacent properties, the° owner may be cited for violating the conditions of the building permit issued under the attached permit application, for lots less than one (1) acre which are elevated by fill, an engineered drainNeptan is'regdired. - If I am the AGENT FOR THE, OWNER, I prgrpise in good faith to inform the owner of the permitting conditions set forth in this affidavit prior to commencing construction. I understand that a separate permit may be required for electrical work, plumbing, signs, wells, pools, air conditioning, gas, or other installations not specifically included in the application. A permit issued shall be construed to be a license to proceed with the work and not as authority to, violate, cancel, alter, or set aside any provisions of the technical codes, nor shall issuance of a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction or violations of any codes. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months of permit issuance, or if work authorized by the permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. An extension may be requested, in writing, from the Building Official for a period not to exceed ninety (90) days and will demonstrate justifiable cause for the extension. If work ceases for ninety (90) consecutive days, the job is considered abandoned. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING Y 5 \R NOTICE 0 COMMENCEMENT. FLORIDA JURAT (F.S. 117.03 /• SP; OWNER OR AGENT /✓ i /r 0 i C ONTRACT s : \l 'bac j �� -- Subscribed and sw. ri or =' rmA b- • - ht % .' / ° C ) Subscribed and swo or affirmed efor me i / by . e-.5 . s m + Wh s r� personally known o me by ' ' ' Identification. Who sire erso II known to me or has /have produced as nti cats non. roduced as identification. dwie_ . o Notary Public , Notary Public Co I •� ission No. L U 3 ? ` Commi sion No. lb ► i at) 0 .L• m I At d Name • 1,,(ltar+%4ype., rinte •Y Na - P PJVR ® - '' ; 074 , ,„ CAROL SMIDDY l r (. Nota ry Public - State of FI0r1de c My Commission ExpkesAuq 13, 2011 ;iP + k �: Notary Public - State of Florida • My Commission Expires Aug /3, 2011 , Rf. ro; Comm 00 703271 a , !� p Commission # DD 703271 °,'„ Bonded Through National Notary Assn. t.-^,,,..----.--....0-: ., ",,T of ; ;° Bonded Through National Notary Assn. SQ. FEET PRICE MAIN OR LIVING: 7,800 OTHER AREA UNDER ROOF: - OTHER: - $- VALUATION $- FEE SHEET $- ADDRESS DRIVEWAY BUILDING: $- ELECTRICAL: $- PLUMBING: $- MECHANICAL: $- SUB -TOTAL $- RADON: TOTAL $- SEWER: $- WATER: $- IRRIGATION: $- TOTAL: $- WATER METER] $- IRRIGATION METE W $- I FIRE DEPARTMENT FEES PLANS TOTAL: INSPECTION TOTAL: PERMIT TOTAL TOTAL: $- PUBLIC SAFETY IMPACT FEES POLICE $- FIRE $- 5% $- TOTALI $- SUB -TOTAL S- PARK IMPACT FEES $- 1 SIF'S: $- 100.0% $- 1.0% $- TOTAL: $- T I F 'S : $44,818.80 99°/ $44,370.61 1°/ $448.19 TOTAL: $44.818.80 1 Zephyrhills Fire Rescue 6907 Dairy Road, Zephyrhills, FL 33542 Fire Marshal Bus (813) 780 -0041 Kerry Barnett Fax (813) 780 -0044 E -mail: kbarnett !i'c fire.rephyrhills.fl.us Plan Review #: 09 -112 Project: Interior Build -Out Number of Pages: 15 December 21, 2009 I have received and reviewed the plans for the interior build -out for Pet Smart located at 7814 Gall Blvd and will allow the project to move forward. Please note that this review does not eliminate any further requirements as the project continues moving forward. By receiving permit, contractor acknowledges to comply with the items listed below. Should anyone have any questions, please do not hesitate to contact the Fire Marshal's office. 1. The modification of the fire alarm and fire sprinkler systems requires a permit. Plans, spec /cut sheets on devices, calcs and copy of contractor's license required to obtain permit. 2. Remove exit sign in storage. There cannot be a designated exit through storage nor can it count toward the total egress capacity. 3. Welded doors shall be placarded "Welded shut — No longer an access to the Building" 4. Extinguishers shall be within 75' of travel distance. Placement will be determined by Fire Marshal when close to final and most of interior is set up. A minimum of 3 will be required. 5. Any penetrations in rated walls shall be sealed in accordance to a UL listing. 6. Label ceiling tile where duct detector indicating light is located above. 7. There can be no storage within 3' of electric panel. Contractor may want to mark floor to help prevent this. 2 Inspections Required: 1. Interior Build -out Final 2. i - rinsections will be completed for Fire alarm and sprinkler systems. d / 0 0.7., 0.4 6. KERR "A ETT, FIRE MARSHAL ** *Please be advised this review of plans submitted is a cursory review to assist the contractor in compliance with applicable fire safety codes. This review is not intended to be a final approval of the submitted plans. It is the contractor's sole responsibility to ensure that the plans are in complete compliance with all applicable NFPA codes and local ordinances. In the event that further examination or site inspection reveals areas of non - compliance, it shall be the contractor's sole responsibility, at their sole expense to bring those areas in compliance. 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I 1 t l I kF. sl !A .I.' - -_ I !i:1„ 'Rim:: IIIKVf3 !i f * l ' " -.L� `�s `�.ai`�: 7 . l r�lia a�-•� i . : € !:l 'ta rf } , €,I £1 � ,,dipt:;: —`,`° p I'!£i 1.ii ' a'. r o t x l liii ; " E a � 1 : -. ! r n� �'• ,: , :.rir:tsr: __ y t i!i :: 'til ra u ... i14 : :- . �£I� }i, ; ...i: ; y cs� .5i fr!I it >zs�ti r £ s r , t:: #,(rlr, , gg - t i ! M. - ..� :.i{ a ., I •n _ _ I • ! . ...1:. £; 'I.• •:.,., .:41t i tE : sc:: } • I :I.. `pti'!Eti, Y k »� : s .,.._ - :: :.::: ; ..fir ,, • = a ::`•:: Sf:. : _ _' .. � ;[!�i•::- imiiiia nsr�s. r a n t ! . i #. ' ' n : c a ..v.. f:' :.•s£•: -::(`: •^ . • - -.wi p, "' i s ! ..0 s , u sss a.a #:�.....�xa: ,, I ali�:'E:. .x.`�. .. .... '5 �::'e. r' „ s 1}''�. ..:.;ryFi.�sa�ui::i' iii: i::l -�: : Yr.^.sw n y g •� •• # n ; a:a I l . ! i?:I!:, as.. •uis �••. .. t: -,. -„�+� __:lrm :: : } , : ;aa- •, n.:. : m hty q •z .z._ - .... ..... ... :x: i'k eaulii ?ill r:. c rs,01 c ;i r _li j E r- .r�.nY'rr , Ir r ".`i'a. #.... !.. w .. I )i ” �i` ,....- ..s.r: u i s } ,.., s 't mft{#9'�it#`.t .r., :,s•.Ij�I � x !i-s:r _, . I s i:l.a e: <- �i.'•t="'.•.+�:. ..;� i !£ '1�'i�l Il' ,.,, r' . is' . b:? 3' - -��'--`��•- r-- �.:�......�. .•.M.c°a °� -�-xiiii: � ^ii +`c! =ir -:z:... _'� es;nr�r.^.3�i<c , �. PROJECT SUMMARY Short Desc: 206319.0.10 Description: Tenant Space F1 -F4 @ Zeph Owner: Primerica Group One, Inc Addressl: 7810 7814 7818 & 7822 City: Zephyrhills Address2: Gall Blvd. (AKA Bldg F) State: FL Zip: 0 Type: Retail Class: New Special class building Jurisdiction: •ZEPHYRFIILLS, PASCO COUNTY, FL (611600) Conditioned Area: 9300 SF Conditioned & UnConditioned Area: 9300 SF No of Stories:: 1 Area entered from Plans 0 SF Permit No: 0 Max Tonnage 6 If different, write in: ahtle, ) EnergyGauge Summit® Fla/Com -2008. Effective: March 1, 2009 11/12/2009 ' Page 1 of 8 Compliance Summary Component Design Criteria Result Gross Energy Cost (in $) 11,545.0 14,430.0 PASSED LIGHTING. CONTROLS PASSES EXTERNAL LIGHTING None Entered HVAC SYSTEM PASSES PLANT None Entered WATER HEATING SYSTEMS None Entered PIPING SYSTEMS None Entered Met all required compliance from Check List? Yes/No/NA IMPORTANT MESSAGE Info 5009 -- -- An input report of this design building must be submitted along with this Compliance Report Alp 4 .r,, I EnergyGauge Summit® FlalCom- 2008. Effective: March 1, 2009 H/12/2009 - Page 2 of 8 CERTIFICATIONS 1 hereby certify that the plans and specifications covered by this calculation are in compliance with the Florida Energy Code Prepared By: Tracey A. Brady Building Official: / Date 11 — 1 Z - t3 9 Date: 1 certify that this building is in corrtpliance with the FLorida Energy Efficiency Code Owner Agent: Date: If Required by Florida law, I hereby certify (*) that the system design is in compliance with the FLorida Energy Efficiency Code Architect: STEVE ULEV/kS Reg No: 9 r 4 3 Electrical Designer: /,M HASH Reg No: 4 2° 1 ' - 1 Lighting Designer: j r , 41 IV-45H Reg No: 2 O (4{ Mechanical Designer: JOSEPH F. KEENE Reg No: FL 60322 Plumbing Designer: JOSEPH F. KEENE Reg No: FL 60322 (*) Signature is required where Florida Law requires design to be performed by registered design professionals. EnergyGauge Summit® Fla/Com -2008. Effective: March 1, 2009 11/12/2009 Page 3 of 8 Project: 206319.0.10 Title: Tenant Space F1 -F4 @ Zephyr Commons Type: Retail (WEA File: FL_TAMPA INTERNATIONAL ..APat3) Building End Uses 1) Proposed 2) Baseline Tote! 780.20 1,147.40 $11,545 516,977 ELECTRICITY(MBtulkWhi$) 780.20 1,147.40 228612 336173 $11,545 $16,977 AREA LIGHTS 166.40 291.50 48747 85405 $2,462 54,313 MISC EQUIPMT 136.10 136.10 39884 39884 $2,014 $2,014 PUMPS & MISC 0.10 0.20 41 45 $2 52 SPACE COOL 270.70 409,50 79305 119975 $4,005 $6,059 SPACE HEAT 0.90 2.40 266 708 $13 $36 VENT FANS 206.00 307.70 60369 90156 53,049 $4,553 Passing requires Proposed Building cost to be at most 85% PASSES of Baseline cost. This Proposed Building is at 68% EnergyGauge Summit®:Fla /Com -2008. Effective: March 1, 2009 11/12/2009 Page 4 of 8 External Lighting Compliance Description Category Tradable? Allowance Area or Length ELPA CLP ('W/Unit) ' or No. of Units (W) (W) (Sqft or ft) I None I Project: 206319:0.10 Title: Tenant Space F1 -F4 @ Zephyr Commons Type: Retail (WEA`File: FL TAIVIPA INTERNATIONAL_AP.tm3) Lighting Controls Compliance Acronym Ashrae Description Area Design Min Compli ID (sq.ft) CP CP ance TENANT F1 25,001 Sales Area 1,800 3 1 PASSES F2,F3 25,001 Sales Ai 6,000 4 3 PASSES TENANT F4 25,001 Sales Area 1,500 4 1 PASSES PASSES 1 EnergyGauge Summit® FIa/Com -2008_ Effective: March 1, 2009 11/12/2009 Page 5 of 8 Project: 206319.0.10 Title: Tenant Space F1 -F4 @ Zephyr Commons Type: Retail (WEA File: FL_TAMPAJNTERNATIONAL_AP.tm3) System Report Compl TENANT RTU -5T Constant Volume Packaged No of Units Fl System 1 Component Category Capacity Design Eff Design IPLV Comp- Eff Criteria IPLV Criteria liance Cooling System Air Conditioners Air Cooled 10.30 1030 1030 PASSES 65000 to 135000 Btu/h Cooling Capacity Heating System Electric Furnace 1.00 1.00 PASSES Air Handling Air Handler (Supply) - 0.80 0.90 PASSES System - Supply Constant Volume Air Distribution ADS System 6.00 PASSES System F2,F3 RTU -ST Constant Volume Packaged No of Units System 4 Component Category Capacity Design Eff Design IPLV Comp- Eff Criteria IPLV Criteria liance Cooling System Air Conditioners Air Cooled 13.00 12.00 13.00 PASSES < 65000 Btu/h Cooling Capacity Heating System Electric Furnace 1.00 1.00 PASSES Air Handling Air Handler (Supply) - 0.80 0.90 PASSES System - Supply Constant Volume Air Distribution ADS System 6.00 PASSES System TENANT RTU -5T Constant Volume Packaged No. of Units F4 System 1 Component Category Capacity Design Eff Design IPLV Comp- Eff Criteria IPLV Criteria liance Cooling System Air Conditioners Air Cooled 13.00 12.00 13.00 PASSES < 65000 Btu/h Cooling Capacity Heating System Electric Furnace 1.00 1.00 PASSES Air Handling Air Handler (Supply) - 0.80 0.90 PASSES System - Supply Constant Volume Air Distribution ADS System 6.00 PASSES System EnergyGauge Summit® Fla/Com -2008. Effective: March 1, 2009 11/12/2009 Page 6 of 8 PASSES I PIant Compliance Description Installed Size Design Min Design Min Category Comp No Eff Eff IPLV IPLV Iiance None I` Water Heater Compliance Design Min Design Max Comp Description Type Category Eff Eff Loss Loss Hance I None I Piping System Compliance Category Pipe Dia Is Operating Ins Cord Ins Reg Ins Compliance [inches] Runout? Temp [Btu -in /hr Thick [in] Thick [in] [F] .SF.FI None 1 EnergyGauge Summit® Fla/Com -2008. Effective: March 1, 2009 11/12/2009 Page 7 of 8 Project: 206319.0.10 Title: Tenant Space F1 -F4 @ Zephyr Commons Type: Retail (WEA File: FL_TAMPA INTERNATIONAL AP.tm3) Other Requ Comp Category Section Requirement (write N/A in box if not applicable) Cheek Report 13 -101 Input Report Print -Out from EnergyGauge FlaCom attached Er Operations Manual 13- 102:1, Operations manual provided to owner 13- 410,13 -413 Windows & Doors 13- 406.AB:1.1 Glazed swinging. entrance & revolving doors: max: 1.0 cfinff=; all other products: 0.4 cfin/ft' Joints /Cracks 13- 406.AB.1.2 To be caulked, gasketed, weather - stripped or otherwise sealed Dropped Ceiling Cavity 13 406.AB.3 Vented: seal & insulated ceiling. Unvented seal & insulate roof & side walls System 13-407 HVAC Load sizing has been performed Reheat 13 -407.B Electric resistance reheat prohibited HVAC Efficiency 13407, 13 -408 Minimum efficiences; Cooling Tables 13- 407.AB.3.2.1A -D; Heating Tables 13- 407.AB.3.2.1B, 13- 407.AB:3.2.ID, 13- 408.AB.3.2.1E, 13- 408.AB.3:2F HVAC Controls 13-407.AB.2 Zone controls prevent reheat (exceptions); simultaneous heating is and cooling in each zone; combined HAC deadband of at least 5 °F (exceptions) f Ventilation Controls 13- 409.AB.3 Motorized dampers regd, except gravity dampers OK m: 1) exhaust t1 systems and 2) systems with design outside air intake or exhaust capacity X00 cfin ADS 13410 Duct sizing and Design have been performed HVAC Ducts 13410.AB Air ducts, fittings, mechanical equipment & plenum chambers shall [ t x be mechanically attached, sealed, insulated & installed per Sec 13 -410 Air Distribution Systems Balancing 13- 410.AB.4 HVAC distribution system(s) tested & balanced. Report in construction documents Piping Insulation 13-411.AB In accordance with Table 13- 411.AB.2 Water Heaters 13- 412.AB Performance requirements in accordance with Table 13- 412.AB.3. El- Heat trap required Swimming Pools 13 412.AB.2.6 Cover on heated swimming pools: Time switch (exceptions); 21- Readily accessible on/off switch Hot Water Pipe 13-411.A B.3 Table 13- 411.AB.2 for circulating systems, first 8 feet of outlet Insulation pipe from storage tank and between inlet pipe and heat trap Water Fixtures 13- 412.AB.2.5 Shower hot water flow restricted to 2.5 gpm at 80 psi. Public ti lavatory fixture how water flow 0.5 gpm max; if self - closing valve 0.25 gallon recirculating, 0.5 gallon non recirculating 11( Motors 13 -414 Motor efficiency criteria have been met Lighting Controls 13415.AB Automatic control required for interior lighting m buildings >5,000 EE( s t.; Space control; Exterior photo sensor ;. 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OOO`O 0... 0 O O O'.'0 0' 0 0 en '' `�j. _ ,� - 0 0 O O p p 0 . :f • d ° o 0 00 ° rn _ 3 ,a = v, o r, o o ea 'a o 0 0 o c o o ,a 0 o o u 0 E. o r o o ,n o nn -» o O 4 7 _ C, 0 , :. M - ' N._ C .. a. fs. 0 2 0 <o 0 0 0 4. '� .a y "C E. 0 V 121 = "' C� e D c D o w N °o o y • .e _. A C C � ..f - °' E", _ C o m c N Z Z Z Z Z 'J�- z.:: z W .. y di Z C. C 1-. CJ lf'■ j a OU C 4.: 0 o . 0 - � - .� .� of ,_.1 s o ^3. , N a eA Lt ' ,,�..1 Q A CO 00 a"i •g .5 .F. o o0 0 y. R 0 „0 M U V r7 vc cn cn C.7 O O O O. O :O r E^+ = oo v cy ^, ° ., . �. .. a s O �y z 0 Z O C n o N Z N N C+. 0 0 O . ` + 1. 0 - °❑° ❑ 0 p ° ° °° CO C r '? 47 Is. - r A ". U u F L� ea " C. ‘4 O Q+ 4s Q. y b U v U 0 - (,l . 'n b0 , L O :. " L O ^ O O = G - O 0 0 C' �i O O O E _O O O O 6 '� O : O O. C U Q 0'' V • 4 O O C. G L O O O - : O O • Iz d _ IV 0 n O R•,.... a y O W y co CD V C .•-, 0 O U C O O v N V2 -t • O O u 4'_. V ,__ 0 O d J .. , A ., �, 4,1 on 6l = 4 ,: L N t. O 6 C J Li �� V V as Gn U 0 a) U p b C.' E z N a, 8 c z E c Z y .a ce: ' � V u G 0 a , — —1 • 5' 3 0 a; - - C o H' o n w - x . ° v - ..... C v L) Z co 0 C7 0 . v C. G 0 T H U ct O CS % O U 0 y _ 9 Z - Z z Z o PQ 0 N op N Z G Z - .-. G1 CYr' �aN 11 crl 4.4 . v 'c.. M O O O E Q cAt a) E Z M W up) V UU O � O o i Z o Z. O. .. y N cn �- - O U ' - O szt t. Document A107 - 2007 Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope AGREEMENT made as of the a / /-4 day of D. 0146- in the year 2,0 ADDITIONS AND DELETIONS: (In words, indicate day, month and year.) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also (Name, legal status, address and other information) have revised the text of the original AIA standard form. An Additions and Zephyr Commons, LLC Deletions Report that notes added 3629 Madaca Lane information as well as revisions to Tampa, Florida 33618 the standard form text is available from the author and should be and the Contractor: reviewed. A vertical line in the left (Name, legal status, address and other information) margin of this document indicates �7t4T3� I=/9 � T �ufL�St � � where the author has added 9©/ �` ipg, � L71i the auth information and or where the author has added to or deleted 7440/3, , -3'4 from the original AIA text. This document has important legal for the following Project: consequences. Consultation with an (Name, location and detailed description) attorney is encouraged with respect to its completion or modification. Zephyr Commons 1 Zephyrhills, FL The Architect: (Name, legal status, address and other information) Cuhaci & Peterson Architects 1925 Prospect Ave Orlando, FL 32814 The Owner and Contractor agree as follows. AIA Document A107T" — 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute -of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 1 reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which expires on 09/30/2010, and is not for resale. User Notes: (1093954413) TABLE OF ARTICLES 1 THE WORK OF THIS CONTRACT 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3 CONTRACT SUM 4 PAYMENT 5 DISPUTE RESOLUTION 6 ENUMERATION OF CONTRACT DOCUMENTS 7 GENERAL PROVISIONS 8 OWNER 9 CONTRACTOR 10 ARCHITECT 11 SUBCONTRACTORS 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS 13 CHANGES IN THE WORK 14 TIME 15 PAYMENTS AND COMPLETION 16 PROTECTION OF PERSONS AND PROPERTY 17 INSURANCE & BONDS 18 CORRECTION OF WORK 19 MISCELLANEOUS PROVISIONS 20 TERMINATION OF THE CONTRACT 21 CLAIMS AND DISPUTES ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) Date of commencement is the date of issuance of corresponding building permit by the City of Zephyrhills. AIA Document A107" 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 2 reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which expires on 09/30/2010, and is not for resale. — User Notes: (1093954413) § 2.2 The Contract Time shall be measured from the date of commencement. § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) 1 See Attached Schedule Portion of Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time orfor bonus payments for early completion of the Work) 1 Liquidated damages of $200 /day if failure to achieve substantial completion on time. ARTICLE 3 CONTRACT SUM § 3.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box.) [X] Stipulated Sum, in accordance with Section 3.2 below [ ] Cost of the Work plus the Contractor's Fee, in accordance with Section 3.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 3.4 below (Based on the selection above, complete Section 3.2, 3.3 or 3.4 below.) § 3.2 The Stipulated Sum shall be Aus4 -Mf 'i)jz r 3 7~ie e — ol 1- �1�` T� 151t1�`1D T / Ll1t%4)�t'D r� ry ($f f q y �0 ), subject to additions and deductions as provided in the Contract Documents. § 3.2.1 The Stipulated Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 3.2.2 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) See Attached Exhibit "B" Contractor Schedule of Values Units and Limitations Price Per Unit ($0.00) § 3.2.3 Allowances included in the stipulated sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Allowance 1 (Paragraphs deleted) Init AIA Document Al07TM — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 3 reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which expires on 09/30/2010, and is not for resale. User Notes: (1093954413) (Table deleted) • (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 4.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: On the 25 of the month, and include partial lien waivers for previous payments made to contractor, subcontractors, and materials. 1 (Paragraphs deleted) § 4.1.4 Retainage, if any, shall be withheld as follows: I Hold final payment until receipt of final lien releases & close -out documents. § 4.1.5 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. (Insert rate of interest agreed upon, if any.) Twelve % 12 § 4.2 FINAL PAYMENT § 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 18.2, and to satisfy other requirements, if any, which extend beyond final payment; .2 the contractor has submitted a final accounting for the Cost of the Work, where payment is on the basis of the Cost of the Work with or without a guaranteed maximum price; and I .3 a final Certificate for Substantial Completion is issued by Architect. § 4.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Final lien releases from all contractor and subcontractors. Architect certificate of substantial completion. ARTICLE 5 DISPUTE RESOLUTION § 5.1 BINDING DISPUTE RESOLUTION For any claim subject to, but not resolved by, mediation pursuant to Section 21.3, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, claims will be resolved in a court of competent jurisdiction.) I [X] Arbitration pursuant to Section 21.4 of this Agreement [ ] Litigation in a court of competent jurisdiction AIA Document Al 07T" — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 4 reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which expires on 09/30/2010, and is not for resale. User Notes: (1093954413) [ ] Other (Specify) ARTICLE 6 ENUMERATION OF CONTRACT DOCUMENTS § 6.1 The Contract Documents are defined in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 6.1.1 The Agreement is this executed AIA Document A107 -2007, Standard Form of Agreement Between Owner and Contractor for a Project of Limited Scope. § 6.1.2 The Supplementary and other Conditions of the Contract: Document Title Date Pages § 6.1.3 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) 1 See Exhibit "C" — Scope of Work Section Title Date Pages § 6.1.4 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) 1 See Attached Exhibit "D" — Construction Plans Number Title Date x?c2063/q— 5/1 /p T5i0n107 Sal L13 Dui P1 — 1 = 3 6 Sce/ 47 74 § 6.1.5 The Addenda, if any: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are enumerated in this Article 6. § 6.1.6 Additional documents, if any, forming part of the Contract Documents: .1 Exhibit B, Determination of the Cost of the Work, if applicable. .2 AIA Document E201TM -2007, Digital Data Protocol Exhibit, if completed, or the following: .3 Other documents: (List here any additional documents that are intended to form part of the Contract Documents.) Exhibit "A" — Contractors Schedule of Completion ARTICLE 7 GENERAL PROVISIONS § 7.1 THE CONTRACT DOCUMENTS The Contract Documents are enumerated in Article 6 and consist of this Agreement (including, if applicable, Supplementary and other Conditions of the Contract), Drawings, Specifications, Addenda issued prior to the execution of this Ageement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper execution and AIA Document AIO7TM — 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 5 reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which expires on 09/30/2010, and is not for resale. User Notes: (1093954413) completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. § 7.2 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Contractor. § 7.3 THE WORK 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. § 7.4 INSTRUMENTS OF SERVICE Instruments of Service are representations, in any medium of expression now known or later developed, of the tangible and intangible creative work performed by the Architect and the Architect's consultants under their respective professional services agreements. Instruments of Service may include, without limitation, studies, surveys, models, sketches, drawings, specifications, and other similar materials. § 7.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE § 7.5.1 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and will retain all common law, statutory and other reserved rights, including copyrights. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers shall not own or claim a copyright in the Instruments of Service. Submittal or distribution to meet official regulatory requirements or for other purposes in connection with this Project is not to be construed as publication in derogation of the Architect's or Architect's consultants' reserved rights. § 7.5.2 The Contractor, Subcontractors, Sub - subcontractors and material or equipment suppliers are authorized to use and reproduce the Instruments of Service provided to them solely and exclusively for execution of the Work. All copies made under this authorization shall bear the copyright notice, if any, shown on the Instruments of Service. The Contractor, Subcontractors, Sub - subcontractors, and material or equipment suppliers may not use the Instruments of Service on other projects or for additions to this Project outside the scope of the Work without the specific written consent of the Owner, Architect and the Architect's consultants. § 7.6 TRANSMISSION OF DATA IN DIGITAL FORM If the parties intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmission, unless otherwise provided in the Agreement or in the Contract Documents. ARTICLE 8 OWNER § 8.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 8.1.1 The Owner shall furnish all necessary surveys and a legal description of the site. § 8.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 8.1.3 Except for permits and fees that are the responsibility of the Contractor under the Contract Documents, including those required under Section 9.6.1, the Owner shall secure and pay for other necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Init. AIA Document Al 07T — 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 6 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which expires on 09/30/2010, and is not for resale. — User Notes: (1093954413) § 8.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or repeatedly fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is 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. § 8.3 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and schedule, and fails within a five -day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner, without prejudice to any other remedy the Owner may have, may correct such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLE 9 CONTRACTOR § 9.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 9.1.1 Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. § 9.1.2 Because the Contract Documents are complementary, the Contractor shall, before starting each portion of the Work, carefully study and compare the various Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 8.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These obligations are for the purpose of facilitating coordination and construction by the Contractor and are not for the purpose of discovering errors, omissions, or inconsistencies in the Contract Documents; however, the Contractor shall promptly report to the Architect any errors, inconsistencies, or omissions discovered by or made known to the Contractor as a request for information in such form as the Architect may require. It is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 9.1.3 The Contractor is not required to ascertain that the Contract Documents are in accordance with applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, but the Contractor shall promptly report to the Architect any nonconformity discovered by or made known to the Contractor as a request for information in such form as the Architect may require. § 9.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 9.2.1 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 the Contract Documents give other specific instructions concerning these matters. § 9.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. § 9.3 LABOR AND MATERIALS § 9.3.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. § 9.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the Work. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. AIA Document A107T"' — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the 7 maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which expires on 09/30/2010, and is not for resale. User Notes: (1093954413) § 9.3.3 The Contractor may make a substitution only with the consent of the Owner, after evaluation by the Architect and in accordance with a Modification. § 9.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless the Contract Documents require or permit otherwise. The Contractor further warrants that the Work will conform to the requirements of the Contract Documents and will be free from defects, except for those inherent in the quality of the Work the Contract Documents require or permit. Work, materials, or equipment not conforming to these requirements may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, alterations to the Work not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear under normal usage. § 9.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes that are legally enacted when bids are received or negotiations concluded, whether or not yet effective or merely scheduled to go into effect. § 9.6 PERMITS, FEES, NOTICES, AND COMPLIANCE WITH LAWS § 9.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit as well as other permits, fees, licenses and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. § 9.6.2 The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities applicable to performance of the Work. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public authorities, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 9.7 ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. The Owner shall select materials and equipment under allowances with reasonable promptness. Allowance amounts shall include the costs to the Contractor of materials and equipment delivered at the site and all required taxes, less applicable trade discounts. Allowance amounts shall not include the Contractor's costs for unloading and handling at the site, labor, installation, overhead, and profit. § 9.8 CONTRACTOR'S CONSTRUCTION SCHEDULES § 9.8.1 The Contractor, promptly after being awarded the Contract, shall prepare and submit for the Owner's and Architect's information a Contractor's construction schedule for the Work. The schedule shall not exceed time limits current under the Contract Documents, shall be revised at appropriate intervals as required by the conditions of the Work and Project, shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. § 9.8.2 The Contractor shall perform the Work in general accordance with the most recent schedule submitted to the Owner and Architect. § 9.9 SUBMITTALS § 9.9.1 The Contractor shall review for compliance with the Contract Documents and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents in coordination with the Contractor's construction schedule and in such sequence as to allow the Architect reasonable time for review. By submitting Shop Drawings, Product Data, Samples and similar submittals, the Contractor represents to the Owner and Architect that the Contractor has (1) reviewed and approved them; (2) determined and verified materials, field measurements and field construction criteria related thereto, or will do so; and (3) checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. The Work shall be in accordance with approved submittals. § 9.9.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. Init. AIA Document Al 07T" — 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 8 reproduction or distribution of thls AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which expires on 09/30/2010, and is not for resale User Notes: (1093954413) § 9.10 USE OF SITE The Contractor shall confine operations at the site to areas permitted by applicable laws, statutes, ordinances, codes, rules and regulations, lawful orders of public authorities, and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 9.11 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. § 9.12 CLEANING UP 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 waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material from and about the Project. § 9.13 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees. The Contractor shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect 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 manufacturer or manufacturers is required by the Contract Documents or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect. However, if the Contractor has reason to believe that the required design, process or product is an infringement of a copyright or a patent, the Contractor shall be responsible for such loss unless such information is promptly furnished to the Architect. § 9.14 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located. § 9.15 INDEMNIFICATION § 9.15.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the 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 indemnity which would otherwise exist as to a party or person described in this Section 9.15.1. § 9.15.2 In claims against any person or entity indemnified under this Section 9.15 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 indemnification obligation under Section 9.15.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10 ARCHITECT (Paragraphs deleted) § 10.5 The Owner has authority to reject Work that does not conform to the Contract Documents and to require inspection or testing of the Work. § 10.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. I § 10.7 The Architect may interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect may make initial decisions Init. AIA Document Al 07 — 2007. Copyright ®1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 9 reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which expires on 09/30/2010, and is not for resale. — User Notes: (1093954413) on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions rendered in good faith. § 10.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 10.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. ARTICLE 11 SUBCONTRACTORS § 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. § 11.2 Unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors or suppliers for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor or supplier to whom the Owner or Architect has made reasonable written objection within ten days after receipt of the Contractor's list of Subcontractors and suppliers. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. § 11.3 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Contract Documents, has against the Owner. ARTICLE 12 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS § 12.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Article 21. § 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. § 12.3 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or defective construction of a separate contractor. ARTICLE 13 CHANGES IN THE WORK § 13.1 By appropriate Modification, changes in the Work may be accomplished after execution of the Contract. The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, with 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 and Architect, or by written Construction Change Directive signed by the Owner and Architect. § 13.2 Adjustments in the Contract Sum and Contract Time resulting from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive signed only by the Owner and Architect, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit, unless the AIA Document Al 07TM — 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 10 reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which expires on 09/30/2010, and is not for resale. User Notes: (1093954413) parties agree on another method for determining the cost or credit. Pending final determination of the total cost of a Construction Change Directive, the Contractor may request payment for Work completed pursuant to the Construction Change Directive. The Architect will make an interim determination of the amount of payment due for purposes of certifying the Contractor's monthly Application for Payment. When the Owner and Contractor agree on adjustments to the Contract Sum and Contract Time arising from a Construction Change Directive, the Architect will prepare a Change Order. § 13.3 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. § 13.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted as mutually agreed between the Owner and Contractor; provided that the Contractor provides notice to the Owner and Architect promptly and before conditions are disturbed. ARTICLE 14 TIME § 14.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. § 14.2 Unless otherwise provided, Contract Time is the period of time, including authorized adjustments, allotted in the Contract Documents for Substantial Completion of the Work. § 14.3 The term "day" as used in the Contract Documents shall mean calendar day unless otherwise specifically defined. § 14.4 The date of Substantial Completion is the date certified by the Architect in accordance with Section 15.4.3. § 14.5 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractor's control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine, subject to the provisions of Article 21. ARTICLE 15 PAYMENTS AND COMPLETION § 15.1 APPLICATIONS FOR PAYMENT § 15.1.1 Where the Contract is based on a Stipulated Sum or the Cost of the Work with a Guaranteed Maximum Price, the Contractor shall submit to the Owner, before the first Application for Payment, a schedule of values, allocating the entire Contract Sum to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Owner, shall be used in reviewing the Contractor's Applications for Payment. (Paragraph deleted) § 15.1.3 Payments shall be made on account of materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work. If approved in advance by the Owner, payment may similarly be made for materials and equipment stored, and protected from damage, off the site at a location agreed upon in writing. § 15.1.4 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. § 15.2 CERTIFICATES FOR PAYMENT (Paragraph deleted) AIA Document Al 07T" — 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 11 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which expires on 09/30/2010, and is not for resale. User Notes: (1093954413) § 15.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the Work and the data comprising the Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (1) made exhaustive or continuous on- site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 15.2.3 The Architect may withhold a Certificate for Payment in whole or in part, to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Section 15.2.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Section 15.2.1. If the Contractor and the Architect cannot agree on a revised amount, the Architect will promptly issue a Certificate for Payment for the amount for which the Architect is able to make such representations to the Owner. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Section 9.2.2, because of .1 defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; .3 failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 repeated failure to carry out the Work in accordance with the Contract Documents. § 15.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 15.3 PROGRESS PAYMENTS § 15.3.1 The Contractor shall pay each Subcontractor, no later than seven days after receipt of payment, the amount to which the Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - subcontractors in similar manner. § 15.3.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. § 15.3.3 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. § 15.4 SUBSTANTIAL COMPLETION § 15.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. AIA Document Al07TM — 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 12 reproduction or distribution of thls AIA Document, or any portion of t, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540_1 which expires on 09/30/2010, and is not for resale. User Notes: (1093954413) § 15.4.2 When the Contractor considers that the Work, or a portion thereof which the Owner agrees to accept separately, is substantially complete, the Contractor shall prepare and submit to the Architect a comprehensive list of items to be completed or corrected prior to final payment. Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. § 15.4.3 Upon receipt of the Contractor's list, the Architect will make an inspection to determine whether the Work or designated portion thereof is substantially complete. When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 15.4.4 The Certificate of Substantial Completion shall be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. Upon such acceptance and consent of surety, if any, the Owner shall make payment of retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents. § 15.5 FINAL COMPLETION AND FINAL PAYMENT § 15.5.1 Upon receipt of the Contractor's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such inspection and, when the Architect finds the Work acceptable under the Contract Documents and the Contract fully performed, the Architect will promptly issue a final Certificate for Payment stating that to the best of the Architect's knowledge, information and belief, and on the basis of the Architect's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate for Payment will constitute a further representation that conditions stated in Section 15.5.2 as precedent to the Contractor's being entitled to final payment have been fulfilled. § 15.5.2 Final payment shall not become due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. § 15.5.3 The making of final payment shall constitute a waiver of claims by the Owner except those arising from .1 liens, claims, security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Contract Documents; or .3 terms of special warranties required by the Contract Documents. § 15.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY § 16.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor 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 incorporated therein, whether in storage on or off the site, under care, custody or control of the,Contractor or the Contractor's Subcontractors or Sub - subcontractors; and .3 other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. AIA Document Al 07 — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 13 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which expires on 09/30/2010, and is not for resale User Notes: (1093954413) The Contractor shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and 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 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 Sections 16.1.2 and 16.1.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractor's obligations under Section 9.15. § 16.2 HAZARDOUS MATERIALS § 16.2.1 The Contractor is responsible for compliance with the requirements of the Contract Documents regarding hazardous materials. If the Contractor encounters a hazardous material or substance not addressed in the Contract Documents, and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. By Change Order, the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractor's reasonable additional costs of shutdown, delay and start-up. § 16.2.2 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area, if in fact, the material or substance presents the risk of bodily injury or death as described in Section 16.2.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), except to the extent that such damage, loss or expense is due to the fault or negligence of the party seeking indemnity. § 16.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 17 INSURANCE AND BONDS § 17.1 The Contractor shall purchase from, and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, insurance for protection from claims under workers' compensation acts and other employee benefit acts which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations and completed operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance applicable to the Contractor's obligations under Section 9.15. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 30 days' prior written notice has been given to the Owner. The Contractor shall cause the commercial liability coverage required by the Contract Documents to include: (1) the Owner, the Architect and the Architect's Consultants as additional insureds for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's operations; and (2) the Owner as an additional insured for claims caused in whole or in part by the Contractor's negligent acts or omissions during the Contractor's completed operations. § 17.2 OWNER'S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § 17.3 PROPERTY INSURANCE § 17.3.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located, property insurance on an "all- risk" or Init. AIA Document Al 07T" — 2007. Copyright C 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 14 reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which expires on 09/30/2010, and is not for resale. — User Notes: (1093954413) equivalent policy form, including builder's risk, in the amount of the initial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Section 15.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 17.3.1 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub - subcontractors in the Project. § 17.3.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the policy will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 30 days' prior written notice has been given to the Contractor. § 17.3.3 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article 12, if any, and any of their subcontractors, sub - subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Section 17.3 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 12, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. § 17.3.4 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub - subcontractors in similar manner. § 17.4 PERFORMANCE BOND AND PAYMENT BOND Intentionally Omitted (Paragraphs deleted) ARTICLE 18 CORRECTION OF WORK § 18.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense, unless compensable under Section A.2.7.3 in Exhibit A, Determination of the Cost of the Work. § 18.2 In addition to the Contractor's obligations under Section 9.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 15.4.3, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. § 18.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 8.3. AIA Document A107TH — 2007. Copyright ® 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 15 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which expires on 09/30/2010, and is not for resale. — User Notes: (1093954413) § 18.4 The one -year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 18.5 The one -year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 18. ARTICLE 19 MISCELLANEOUS PROVISIONS § 19.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other, except that the Owner may, without consent of the Contractor, assign the Contract to a lender providing construction financing for the Project if the lender assumes the Owner's rights and obligations under the Contract Documents. The Contractor shall execute all consents reasonably required to facilitate such assignment. § 19.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located, except, that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 21.4. § 19.3 TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by the Contract Documents or by applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of public authorities shall be made at an appropriate time. Unless otherwise provided, the Contractor shall make arrangements for such tests, inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of (1) tests, inspections or approvals that do not become requirements until after bids are received or negotiations concluded, and (2) tests, inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating the costs to the Contractor. § 19.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD The Owner and Contractor shall commence all claims and causes of action, whether in contract, tort, breach of warranty or otherwise, against the other arising out of or related to the Contract in accordance with the requirements of the final dispute resolution method selected in the Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Contractor waive all claims and causes of action not commenced in accordance with this Section 19.4. ARTICLE 20 TERMINATION OF THE CONTRACT § 20.1 TERMINATION BY THE CONTRACTOR If the Architect fails to certify payment as provided in Section 15.2.1 for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment as provided in Section 4.1.3 for a period of 30 days, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit, costs incurred by reason of such termination, and damages. § 20.2 TERMINATION BY THE OWNER FOR CAUSE § 20.2.1 The Owner may terminate the Contract if the Contractor .1 repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .2 fails to make payment to Subcontractors for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 repeatedly disregards applicable laws, statutes, ordinances, codes, rules and regulations or lawful orders of a public authority; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 20.2.2 When any of the above reasons exists, without prejudice to any other remedy the Owner may have and after giving the Contractor five days' written notice, terminate the Contract and take possession of the site and of all Init. AIA Document A107 — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 16 reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the / maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which expires on 09/30/2010, and is not for resale. — User Notes: (1093954413) materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. § 20.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 20.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 20.2.4 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, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. If such costs and damages exceed the unpaid balance, the Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. § 20.3 TERMINATION BY THE OWNER FOR CONVENIENCE The Owner may, at any time, terminate the Contract for the Owner's convenience and without cause. The Contractor shall be entitled to receive payment for Work executed, and costs incurred by reason of such termination, along with reasonable overhead and profit on the Work not executed. ARTICLE 21 CLAIMS AND DISPUTES § 21.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 16.2, shall be referred initially to the Architect for decision. Such matters, except those waived as provided for in Section 21.8 and Sections 15.5.3 and 15.5.4, shall, after initial decision by the Architect or 30 days after submission of the matter to the Architect, be subject to mediation as a condition precedent to binding dispute resolution. § 21.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 21.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with their Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration is stayed pursuant to this Section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 21.4 If the parties have selected arbitration as the method for binding dispute resolution in the Agreement, any claim, subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association, in accordance with the Construction Industry Arbitration Rules in effect on the date of this Agreement. Demand for arbitration shall be made in writing, delivered to the other party to the Contract, and filed with the person or entity administering the arbitration. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 21.5 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 21.6 Any party to an arbitration may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration provided that the Init. AIA Document Al 07TN — 2007. Copyright C 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 17 reproduction or distribution of this AIA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which expires on 09/30/2010, and is not for resale. — User Notes: (1093954413) party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of a Claim not described in the written Consent. § 21.7 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to the Agreement shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 21.8 CLAIMS FOR CONSEQUENTIAL DAMAGES The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes .1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work. • This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article 20. Nothing contained in this Section 21.8 shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents. This Agreement entered into as of the day and year first written above. • lith OW R ( t ur C • .� ' CTOR (Signature) � Richard Trzcinski, Manager ‘;‘,11't A...1 , t'y`A t (Printed name and title) (Printed name and title) Init. AIA Document Al07TTM — 2007. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA Document is protected by U.S. Copyright Law and Intemational Treaties. Unauthorized 18 reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the t maximum extent possible under the law. This document was produced by AIA software at 13:11:21 on 09/15/2009 under Order No.8649255540 1 which ewes on 09/30/2010, and is not for resale. User Notes: (1093954413) MINIOHNIIIMNIERVIEN 2009181647 Rept:1278939 Roe: 18.50 DS: 0.00 IT: 0.00 12/18/09 Dpty Clerk NOTICE OF COMMENCEMENT PAULA S. O'NEIL, PASCO CLERK & COMPTROLLER Permit No. 12OR8BK9 8 23 1 PGA 1 955 Property Identification No. 6' (7 - 19/ So - OQOt}p - 6 7k THE UNDERSIGNED hereby gives notice that improvements will be made to certain real property, and in accordance with Section 713.13 of the Florida Statutes, the following information is provided in this NOTICE OF COMMENCEMENT. 1. Description of property (legal description :) See ericbv/7/ /i a) Street Address: ?pot G ,86 vA, 2 6 Vyy,P,*44'.5 A" Z. 33sy/ 2. General description of improvements: Pt r Y94 ,y42 j 7 S73 2E ^ l trq, /4 J-, 4(, 6. v; / / 3. Owner Information a) Name and address: Zeiel/y, , pN5 , GLC. b) Name and address of fee simple titleholder (if other than owner) Z / 2.i vre a.A. a \. eh0., - 7a. t , N, 3 1 / Y c) Interest in property / - .5-2AvL /4 �, TN glL r 3tu`Oe'1Lt ` 4. Contractor Information r \ � \ ...ti Z� a) Name and ad ess: �� VjC� � �► \ ` lt. N m� 41 �iN)N- U. `1 4 b) Telephone N V Z) L / o -,/ , 4 Fax 5 (Opt X1 r 1 Z, - / 9 / 5. Surety Information f( 6/T, f D s/r 4 O4 /,9 n y op 44A�eyi.4 - 71p lCts4 40 tF; a) Name and address: _ c , _ ,K. z _ _ , , , , _ „ , b) Amount of Bond: t y+{ y/ 3.?? pp c) Telephone No.: ( ?7 yy? - 6 vi/ Fax No. (Opt.) 6. Lender a) Name and address: (,- 'A5' F.4460 40,4'k ,/f//J7041. OC /. 0V YO E. Tiff esoN dy: 1 fin - 0 / 7 / PL ?33pp. Phone No. ( ?Ca 'Wag 7. Identity of person within the State of Florida des by owner upon whom notices or other documents may be served: a) Name and address: 'DALE 3.0 hNJ8N 3 6 29 r144 - 9404 GN 7 / y'?, /f b) Telephone No.: (fn 933 - D6 ?9 Fax No. (Opt.) 8. In addition to himself, owner designates the following person to receive a copy of the Lienor's Notice as provided in Section 713.13(1) (b), Florida Statutes: a) Name and address: b) Telephone No.: Fax No. (Opt.) , 9. Expiration date of Notice of Commencement (the expiration date is one 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 YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMIV ENCEMENT. STATE COUNTY OF FLORIDA OF • ,(S/ tX� COUNTY �P�4fiE9• � I L P b Signatur et is Authorized Officer/Director /Partner/Manager Mc 6/4/e L n?26 /NtlkJ Say y of .ettK 201J , by end (� , YZ2 h S t • as (type of authority, e.g. officer, trustee, attorney in fact) for t d t n, C rjv L (name of party on behalf of om instrument was executed). � i Personally Known -' OR Produced Identification Notary Signature t , ' _JAL __/ /6 ( i Type of Identification Produced Name (print) LA aZ 1 ---iin ideLer C.J Verification pursuant to Section 92.525, Florida Statutes. Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true to the best of my knowledge and belief. -.A7 Signature of eturafe Signing Above Forog ..4:v "'‘%e CAROL SMIDDY 1 ' i° ', ` t ,, Notary Public . State of Florida ' 3 ii • IM Expires Aug 13,2011 .„.o�F n °cam' Commission X DD 703271 ' �• Bonded Through National Notary Assn. OR BK 8235 PG 1956 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION Parcel A: A portion of Tracts 7, 10, 23, 26, 39, 42, 55 and 58, together with Tracts 8, 9, 24, 25, 40, 41, 56 and 57, Zephyrhills Colony Company Lands Subdivision as recorded in Plat Book 1, Page 55 of the Public Records of Pasco County, Florida, all lying within Section 35, Township 25 South, Range 21 East, Pasco County, Florida, and being more particularly described as follows: Commence at the Northwest corner of Section 35, Township 25 South, Range 21 East, Pasco County, Florida; thence along said Section line South 89 °59'50" East, 15.13 feet to the Point of Beginning; thence continue along said line South 89 °59'50" East, 1,000.05 feet; thence leaving said section line, South 00 °09'45" West, 2,618.58 feet to the North Right of Way line of Pretty Pond Road; thence along said North Right of Way line the following three (3) courses: 1) North 89 °53'13" West, 351.59 feet; 2) South 00 °09'48" West, 5.0n feet; 3) North 89 °53'13" West, 532.38 feet; thence leaving said North Right of Way line, North 01 °01'48" West, 633.10 feet; thence North 89 °54'52" West, 102.90 feet; thence North 00 °09'45" East, 1,988.73 feet to the Point of Beginning. Less and Except: The North 15' thereof platted as Road Right of Way. Also Less and Except: The North 290.0 feet of the South 515.0 feet of the East 150.0 feet of the Southwest 1/4 of the Southwest 1/4 of the Northwest 1/4 of Section 35, Township 25 South, Range 21 East, leaving a portion of Tracts 56 and 57 Zephyrhills Colony Company Lands Subdivision as recorded in Plat Book 1, Page 55, Public Records of Pasco County, Florida. • >N310 , L ld3 ∎7 1.8 • STATE OFFLQ COU..NV OF PASCO 2i3110�J1dW • 'S >12131D ` 'N,O S dl(ltld THIS IS e4LCERT THAT THE ,W * FOREGOING IS A 7 O 0 TRUE AND COR , COPY OF THE DOCUMENT SIHl 1d3S 1VIDId ■ • NV GNVH AIN SS3N11M ON FILE O1, OF J UBLIC RECORD IN THIS OFFICE 3011d0 SIHI NI a2i» • mind d0 210 31Id NO UV 'CIV /► i 1P HAND OFFICJA SEAL THIS 1N3Wnaoa 3H 0 Ad03 32127100 aN'd 3r Ni DAY'OF' 2 09 y SI ONI0O3 . • d 3H11VH1 127130 01 SI SIH1 PA L;4 S.'0' L, CLERK & OMPTROLLER 03SV 30 AINl00 `Val.' td AO 31`d1S BY t- DEPUTY CLERK -- \N -4 ir fib , yr t City of Zephyrhills BUILDING PLAN REVIEW COMMENTS a ('Ctomeo\er: JZ1L GW.145 cy = , Date Received: /c "1/ Site: 7g / taii &141 Permit Type: / S T Weil (Z).e 9a-Z eA Approved w /no comments: Approved w /the below comments: I=1 Denied w /the below comments: El This comment sheet all be kept with the permit and/or plans. Kalvi witzer — P s Examiner Date Contractor and/or Homeowner (Required when comments are present) CITY OF / "NOTICE" / BUILDING ZEPHYRHILLS DEPARTMENT OF ADDITION OR CORRECTION DO NOT REMOVE ADDRESS DATE P f (7 3 -2 ?9& The following additions or corrections shall be ma a . job THIS JOB HAS NOT BEEN COMPLETED. will be accepted. /Of,/ kw fec 04 q 1 / re r }((ccJ /or al D� It is unlawful for any Carpenter, Contractor, Builder, or other persons, to AFTER CORRECTIONS ARE MADE CALL cover or cause to be covered, any part of the work with flooring, lath, earth 780 -007TINSPECTION or other material, until the proper inspector has had ample time to approve the installation. OFFICE HOURS 7:30 AM - 5 PM MON. -FRI. INSPECTOR P.01 /01 TRANSACTION REPORT - DEC/28/2008/SUN 09:56 AM FAX(TX) # DATE START T. RECEIVER COM.TIME PAGE TYPE /NOTE FILE 01 DEC /28 09:55AM 99621913 0:01:17 4 OK ECM 9863 • Zephyrhills Fire Rescue • 6907 Dairy Road, Zephyrhills, FL 33542 Fire Marshal Bus (813) 780 -0041 Kerry Barnett Fax (813) 780 -0044 E-mail: kbarnett fire.zephyrhills.11.us Plan Review #: 09 -112 Project: Interior Build -Out Number of Pages: 15 December 21, 2009 I have received and reviewed the plans for the interior build -out for Pet Smart located at 7814 Gall Blvd and will allow the project to move forward. Please note that this review does not eliminate any further requirements as the project continues moving forward. By receiving permit, contractor acknowledges to comply with the items listed below. Should . anyone have any questions, please do not hesitate to contact the Fire Marshal's office. 1. The modification of the fire alarm and fire sprinkler systems requires a permit. Plans, spec /cut sheets on devices, calcs and copy of contractor's license required to obtain permit. 2. Remove exit sign in storage. There cannot be a designated exit through storage nor can it count toward the total egress capacity. 3. Welded doors shall be placarded "Welded shut — No longer an access to the Building" 4. Extinguishers shall be within 75' of travel distance. Placement will be determined by Fire Marshal when close to final and most of interior is set up. A minimum of 3 will be required. 5. Any penetrations in rated walls shall be sealed in accordance to a UL listing. 6. Label ceiling tile where duct detector indicating light is located above. 7. There can be no storage within 3' of electric panel..Contractor may want to mark floor to help prevent this.