FILED ‘Department of Business and Professional Regulation Deputy Agency Clerk CLERK Brandon Nichols 11/13/2009 STATE OF FLORIDA DIVISION I DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, }O Hoo > Petitioner, vs. Case No. 2007-049162 KENNETH MICHAEL TUMLIN, D/B/A GREAT SOUTHERN CONTRACTORS, INC., Respondent . / ADMINISTRATIVE COMPLAINT Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, (“Petitioner”), files this Administrative Complaint before the Construction Industry Licensing Board, against KENNETH MICHAEL TUMLIN, d/b/a GREAT SOUTHERN CONTRACTORS, INC., ("Respondent"), and says: i. Petitioner is the state agency charged with regulating the practice of contracting pursuant to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes. 2. Respondent is, and has been at all times material hereto, a Certified Building Contractor in the State of Florida, License number CBC 28108, which is in current and active status. 3. Respondent's addresses of record which are currently on file with Petitioner are 673 Saranal Drive, Winter Springs, GAOGCIPR WCases\TUMLIN\2007-049 L62\AC 4-24\Final Version.doc 1 Florida 32789 and 807 South Orlando Avenue Suite R, Winter Park, Florida 32789. 4. At all times material hereto, Respondent was doing business as Great Southern Contractors, Inc., (*GSC”). 5. At all times material hereto, Respondent was the primary qualifying agent for GSC. 6. Section 489.1195(1) (a), Florida Statutes, provides that all primary qualifying agents for a business organization are jointly and equally responsible for supervision of all operations of the business organization; for all field work at all sites; and for financial matters, both for the organization in general and for each specific job. 7. At all times material hereto, Respondent was the President and Director of GSC. 8. At all times material hereto, the Vice President of GSC was Elaine Tumlin, who is the legal wife of Respondent. 9. At all times material hereto GSC was a construction qualified business in the State of Florida, having been issued license number QB 16226. 10. At all times material hereto, GSC was a Florida for Profit Corporation, having been issued document number P93000073341 and Federal Employer Identification number 593206601. 11. On or about September 7, 2005, Respondent, d/b/a GSC, G:AOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 2 entered an agreement, (“Contract 1”), with Bishop Duncan Investments, LLC, (“Complainant”). A true and correct copy of Contract 1 as executed on September 7, 2005 is attached as Exhibit “A”. 12. The scope of work under Contract 1 included the construction of the Shoppes at Lee Road, Buildings A & C, located at 4110 Lee Road, Orlando, Florida, 32801. 13. As executed on September 7, 2005, Contract 1 totaled $1,970,491, of which Respondent has accepted full payment. 14. On or about September 7, 2005, Respondent, d/b/a GSC, entered into an agreement, (“Contract 2”), with Complainant. A true and correct copy of Contract 2 as executed on September 7, 2005 is attached as Exhibit “B”, 15. The scope of work under Contract 2 included the construction of the Shoppes at Lee Road, Amscott Building, located at 4110 Lee Road, Orlando, Florida, 32801. 16. As executed on September 7, 2005, Contract 2 totaled $413,312, of which Respondent has accepted full payment. FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDER 21, WHICH WAS INCLUDED IN PAY APPLICATION 9 17. Under Contract 1, on or about May 22, 2006, Respondent submitted to Complainant, change order 21, ("CO 21”), in the amount of $8,076, for “the installation of 2” PVC water main pipes”. A true and correct copy of CO 21 is attached as Exhibit GAOGC\PR W\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 3 “Cc”. 18. CO 21 jaincluded an invoice allegedly from _ sub- contractor Robbins Plumbing, Inc. in the amount of $7,200. 19. Respondent fraudulently fabricated or altered, or in the alternative Respondent ordered or directed employees of GSC to fabricate or alter the face of the Robbins Plumbing invoice by increasing the price quoted from $1,620 to $7,200. 20. True and correct copies of the original Robbins Plumbing invoice along with the altered version of the invoice are attached collectively as Exhibit “D”. 21. On or about June 25, 2006, Respondent submitted a fraudulent application and certification for payment, (“Pay App. 9”), of $171,586.80, to Complainant, which included the amount of the altered Robbins Plumbing invoice. 22. Included with Pay App. 9 was a fraudulent waiver and release of lien signed by Respondent. True and correct copies of the fraudulent Pay App. 9 as well as the fraudulent waiver and release of lien are attached collectively as Exhibit “E”. 23. Upon reliance of the fraudulent Robbins Plumbing invoice and corresponding CO 21 as well as the fraudulent Pay App. 9 and corresponding waiver and release of lien, Complainant was induced to issue a check to GSC in the amount of $171,586.80. A true and correct copy of the check is attached as Exhibit “F". GAOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 4 COUNT ONE 24. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth herein. 25. Based on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by committing fraud and deceit in the practice of contracting. COUNT TWO 26. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth herein. 27. Based on the foregoing, Respondent violated Section 489.129(1) (k), Florida Statutes, by signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which results in a financial loss to the owner, purchaser or contractor; or falsely indicating that workers compensation and public liability insurance are provided. COUNT THREE 28. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth herein. 29. Section 455.227(1) (a), Florida Statutes, prohibits G:\OGC\PRW \Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 5 making misleading, deceptive or fraudulent representations in or related to the practice of contracting. 30. Based on the foregoing, Respondent violated Section 489.129(1) (c), Florida Statutes, by violating Section 455.227(1) (a), Florida Statutes. COUNT FOUR 31. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth herein. 32. Section 455.227(1) (m), Florida Statutes, prohibits making deceptive, untrue or fraudulent representations in or related to the practice of contracting or employing a trick or scheme in. or related to the practice of contracting. 33. Based on the foregoing, Respondent violated Section 489.129(1) (c), Florida Statutes, by violating Section 455.227(1) (m), Florida Statutes. COUNT FIVE 34. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three as though fully set forth herein. 35. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. G:A\OGC\PR W\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 6 FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDERS 31, 36 AND 46, WHICH WERE INCLUDED WITH PAY APPLICATION 15 36. Under Contracts 1 and 2, on or about June 16, 2006, Respondent submitted to Complainant, change order 31, ("CO 31”), in the amount of $7,630, for, “the installation of 6” sewer main for Building C and Amscot,” including connection. A true and correct copy of CO 31 is attached as Exhibit “G”. 37. CO 31 j%§dancluded an invoice allegedly from sub- contractor Robbins Plumbing, Inc. in the amount of $6,800. 38. Respondent fraudulently fabricated or altered, or in the alternative Respondent ordered or directed employees of GSC to fabricate or alter.the face of the Robbins Plumbing invoice by increasing the price quoted from $4,800 to $6,800. 39. True and correct copies of the original Robbins Plumbing invoice along with the altered version of the invoice are attached collectively as Exhibit “H”. 40. Under Contract i, on or about August 8, 2006, Respondent submitted to Complainant, change order 36, (“CO 36”), in the amount of $4,224, for “the changing of 32 sprinklers to uprights on end suites to accommodate new ceiling architectural changes”. A true and correct copy of CO 36 is attached as Exhibit “I”. 41. CO 36 inceluded an invoice allegedly from sub- contractor Delta Fire Sprinklers, Inc., in the amount of $3,840. G:AOGC\PR W\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 7 42. Respondent fraudulently fabricated or altered, or in the alternative Respondent ordered or directed employees of GSC to fabricate or alter the face of the Delta Fire Sprinklers invoice by increasing the price quoted from $3,040 to $3,840. 43. True and correct copies of the original Delta Fire Sprinklers invoice along with the altered version of the invoice are attached collectively as Exhibit “J”. 44. Under Contract 1, on or about October 31, 2006, Respondent submitted to Complainant, change order 46, (“CO 46"), in the amount of $18,034, for “making sanitary repairs for incorrect elevations”. A true and correct copy of CO 46 is attached as Exhibit “kK”. 45. CO 46 included an invoice allegedly from sub- contractor C & C Site Development, Inc, in the amount of $16,073. 46. Respondent fraudulently fabricated or altered, or in the alternative Respondent ordered or directed employees of GSC to fabricate or alter the face of the C & C Site Development invoice by typing or copying incorrect and untrue scopes of work and prices on to an existing C & C Site Development invoice letterhead. 47. True and correct copies of an original C & C Site Development invoice along with the altered version of the invoice are attached collectively as Exhibit “L”. G:A\OGC\PR W\Cases\TUMLIN\2007-0491 62\AC 4-24\Final Version.doc 8 48. On or about December 31, 2006, Respondent submitted a fraudulent application and certification for payment, ("Pay App. 15”), of $53,741 to Complainant, which included co 31, containing the fraudulént Robbins Plumbing, Inc. invoice, CO 36 containing the fraudulent Delta Fire Sprinklers invoice and Co 46 containing the fraudulent C & C Site Development invoice. 49. Included with Pay App. 15 was a fraudulent waiver and release of lien signed by Respondent. True and correct copies of the fraudulent application and certification for payment as well as the fraudulent waiver and release of lien are attached collectively as Exhibit “mM”. 50. Under Contract 2, on or about October 31, 2006, Respondent submitted application and certification for payment number 10, (“Pay App. 10”), of $8,877 to Complainant. A true and correct copy of Pay App. 10 is attached as Exhibit “N”. 51. As payment of Pay App. 10 and Pay App. 15, and upon reliance of the corresponding waivers and releases of liens, Complainant was induced to issue a check to GSC in the amount of $62,619.55. A true and correct copy of the check is attached as Exhibit “oO”. COUNT SIX 52. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and thirty-six through fifty-one as though fully set forth herein. G:AOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 9 53. Based on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by committing fraud and deceit in the practice of contracting. COUNT SEVEN 54. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and thirty-six through fifty-one as though fully set forth herein. 55. Based on the foregoing, Respondent violated Section 489.129(1) (k), Florida Statutes, by signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which results in a financial loss to the owner, purchaser or contractor; or falsely indicating that workers compensation and public liability insurance are provided. COUNT EIGHT 56. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and thirty-six through fifty-one as though fully set forth herein. 57. Section 455.227(1) (a), Florida Statutes, prohibits making misleading, deceptive or fraudulent representations in or related to the practice of contracting. 58. Based on the foregoing, Respondent violated Section 489.129(1) (c), Florida Statutes, by violating Section G:A\OGC\PRWi\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 10 455.227(1) (a), Florida Statutes. COUNT NINE 59. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and thirty-six through fifty-one as though fully set forth herein. 60. Section 455.227(1) (m), Florida Statutes, prohibits making deceptive, untrue or fraudulent representations in or related.to the practice of contracting or employing a trick or scheme in or related to the practice of contracting. 61. Based on the foregoing, Respondent violated Section 489.129(1) (c), Florida Statutes, by violating Section 455.227(1) (m), Florida Statutes. COUNT TEN 62, Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and thirty-six through fifty-one as though fully set forth herein. 63. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO FRAUDULENT TRANSACTION INVOLVING CHANGE ORDER 40, WHICH WAS INCLUDED WITH PAY APPLICATION 16 64. Under Contract 1, on .or about August 28, 2006, Respondent submitted to Complainant, change order 40, ("CO 40”), in the amount of $114,573, for “price increases in lime rock, GAOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc it asphalt and concrete”. A true and correct copy of CO 40 is attached as Exhibit “Pp”. 65. CO 40 included an invoice allegedly from _ sub- contractor Atlantic Site Development, Inc. 66. Respondent fraudulently fabricated or altered, or in the alternative Respondent ordered or directed employees of GSC to fabricate or alter the face of the Atlantic Site Development invoice by increasing the price originally quoted by the sub contractor for Base and paving work from $120,100, to $178,888. 67. True and correct copies of the original Atlantic Site Development invoice along with the altered version of the invoice are attached collectively as Exhibit “Q”. 68. On or about January 31, 2007, Respondent submitted a fraudulent application and certification for payment, (“Pay App. 16”), (note, Respondent mislabeled the Pay App as Application 15), of $575,346.65 to Complainant, which included the amount of the altered Atlantic Site Development invoice. 69. Included with Pay App. 16 was a fraudulent waiver and release of lien, signed by Respondent. True and correct copies of the fraudulent Pay App. 16 as well as the fraudulent waiver and release of lien are attached collectively as Exhibit “R”. 70. Complainant discovered the fraud and refused to pay Subject for Pay App. 16. 71. Upon Complainant’s refusal to pay Subject for Pay App. GAOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 12 16, Subject filed a fraudulent claim of lien against Complainant's property in the amount of $571,570.60, which included the amount of the fraudulent Atlantic Site Development invoice. A true and correct copy of the fraudulent claim of lien is attached as Exhibit “S”. COUNT ELEVEN 72. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and sixty-four through seventy-one as though fully set forth herein. 73. Based on the foregoing, Respondent violated Section 489.129(1) (1), Florida Statutes, by committing fraud and deceit in the practice of contracting. COUNT TWELVE 74. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and sixty-four through seventy-one as though fully set forth herein. 75. Based on the foregoing, Respondent violated Section 489.129(1) (k), Florida Statutes, by signing a statement with respect to a project or contract falsely indicating that the work is bonded; falsely indicating that payment has been made for all subcontracted work, labor and materials which results in a financial loss to the owner, purchaser or contractor; or falsely indicating that workers compensation and public liability insurance are provided. G:AOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 13 COUNT THIRTEEN 76. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and sixty-four through seventy-one as though fully set forth herein. 77. Section 455.227(1) (a), Florida Statutes, prohibits making misleading, deceptive or fraudulent representations in or related to the practice of contracting. 78. Based on the foregoing, Respondent violated Section 489.129(1) (ec), Florida Statutes, by violating Section 455.227(1) (a), Florida Statutes. COUNT FOURTEEN 79. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and sixty-four through seventy-one as though fully set forth herein. 80. Section 455.227(1) (m), Florida Statutes, prohibits making deceptive, untrue or fraudulent representations in or related to the practice of contracting or employing a trick or scheme in or related to the practice of contracting. 81. Based on the foregoing, Respondent violated Section 489.129(1) (c), Florida Statutes, by violating Section 455.227(1) (m), Florida Statutes. COUNT FIFTEEN 82. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and sixty-four G:AOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 14 through seventy-one as though fully set forth herein. 83. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY L & D CIELINGS 84. Under Contract 1, On or about June 26, 2006, Respondent submitted Pay Application No. 10, requesting payment of $121,006.35. A true and correct copy of the relevant portions of Pay Application 10 is attached as composite Exhibit “TT” 85. As evidenced by line item 21 of Original Contract Page 2.1, which is included with Pay Application No. 10, as of or before June 25, 2006, 100% of the “Acoustical Ceilings” scope of work under Contract 1 had been paid to Respondent by Complainant. A true and correct copy of Original Contract Page 2.1 is attached as page 2 of composite Exhibit “T”. 86. On or about August 14, 2006, Complainant paid Respondent in full for Pay Application No. 10. 87. Evidence of full payment of Pay Application No. 10 to Respondent by Complainant, in the form of a check in the amount of $121,006.35 is attached as Exhibit “U". 88. Although Respondent was paid 100% of the “Acoustical Ceilings” scope of work, Respondent failed to in turn pay sub- contractor L & D Ceilings, Inc. 89. As a result of the non-payment, on or about January GAOGC\PRW\Cases\TUMLIN\2007-0491 62\AC 4-24\Final Version.doc 15 22, 2007, L & D Ceilings, Inc filed a claim of lien in the amount of $5,600, against Complainant’s property. A true and correct copy of the claim of lien is attached as Exhibit “v”. 90. Complainant satisfied the L & D Ceilings claim of lien, thereby paying twice for the same work. A true and correct copy of the payment made to L & D Ceilings along with the satisfaction of claim of lien by Complainant is attached as composite Exhibit “w”. COUNT SIXTEEN 91. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and eighty-four through ninety as though fully set forth herein. 92. Based upon the foregoing, Respondent violated Section 489.129(1)(g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the- contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. G:A\OGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 16 COUNT SEVENTEEN 93. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and eighty-four through ninety as though fully set forth herein. 94. Based on the foregoing, Respondent violated Section 489.129(1) (g)3, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the job is completed but when the consumer is required to pay more than the original price of the contract to have the job completed as a result of the contractor’s mismanagement or misconduct in contracting. COUNT EIGHTEEN 95. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and eighty-four through ninety as though fully set forth herein. 96. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY AEUR & KING 97. Under Contract 1, on or about June 26, 2006, Respondent submitted Pay Application No. 10, requesting payment of $121,006.35. A true and correct copy of the relevant portions of Pay Application 10 is attached as composite Exhibit “T” G:\OGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 17 98. As evidenced by line item 20 of Original Contract Page 2.1, which is included with Pay Application No. 10, as of or before June 25, 2006, 100% of the “Drywall” scope of work under Contract 1 had been paid to Respondent by Complainant. A true and correct copy of Original Contract Page 2.1 is attached as page 2 of composite Exhibit “T”. 99. On or about August 14, 2006, Complainant paid Respondent in full for Pay Application No. 10. 100. Evidence of full payment of Pay Application No. 10 to Respondent by Complainant, in the form of a check in the amount of $121,006.35 is attached as Exhibit “U”. 101. Although Respondent was paid 100% of the “Drywall” scope of work, Respondent failed to in turn pay sub-contractor Auer & King, Inc. 102. As a result of the non-payment, on or about February 6, 2007, Auer & King, filed a claim of lien in the amount of $22,090.53, against Complainant's property. A true and correct copy of the claim of lien is attached as Exhibit “xX”. 103. Complainant satisfied the Auer & King claim of lien, thereby paying twice for the same work. A true and correct copy of the payment made to Auer & King by Complainant is attached as Exhibit “Y”. COUNT NINETEEN 104. Petitioner re-alleges and incorporates the allegations G:\OGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 18 set forth in paragraphs one through twenty-three and ninety- seven through one hundred three as though fully set forth herein. 105. Based upon the foregoing, Respondent violated Section 489.129(1)(g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT TWENTY 106. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and ninety- seven through one hundred three as though fully set forth herein. 107. Based on the foregoing, Respondent violated Section 489.129(1) (g)3, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the job is completed but when the consumer is G:A\OGC\PR W\Cases\TUMLIN(2007-049162\AC 4-24\Final Version.doc 19 required to pay more than the original price of the contract to have the job completed as a result of the contractor’s mismanagement or misconduct in contracting. COUNT TWENTY-ONE 108. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and ninety- seven through one hundred three as though fully set forth herein. 109. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY CORNERSTONE 110. Under Contract 1, on or about September 25, 2006, Respondent submitted Pay Application No. 12, requesting payment of $101,052.68. A true and correct copy of the relevant portions of Pay Application 12 is attached as composite Exhibit “2” 111. As evidenced by line item 5 of Original Contract Page 2.1, which is included with Pay Application No. 12, as of or before September 25, 2006, 100% of the “Storm, Sanitary and Water” scope of work under Contract 1 had been paid to Respondent by Complainant. A true and correct copy of Original Contract Page 2.1 is attached as page 2 of composite Exhibit ug, 112. On or about October 13, 2006, Complainant paid GAOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 20 Respondent in full for Pay Application No. 12. 113. Evidence of full payment of Pay Application No. 12 to Respondent by Complainant, in the form of a check in the amount of $101,052.35 is attached as Exhibit “AA”. 114. Although .Respondent was paid 100% of the “Storm, Sanitary and Water” scope of work, Respondent failed to in turn pay sub-contractor Cornersite Sitework and Development, LLC. 115. As a result of the non-payment, on or about April 26, 2007, Cornerstone filed a claim of lien in the amount of $9,754.38, against Complainant's property. A true and correct copy of the claim of lien is attached as Exhibit “AB”. 116. Complainant satisfied the Cornerstone claim of lien, thereby paying twice for the same work. A true and correct copy of the payment by Complainant made to Cornerstone along with the release of claim of lien is attached as composite Exhibit “AC”. COUNT TWENTY ~TWO 117. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred ten through one hundred sixteen as though fully set forth herein. 118. Based upon the foregoing, Respondent violated Section 489.129(1) (g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct G:\OGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 21 occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT TWENTY-THREE 119. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred ten through one hundred sixteen as though fully set forth herein. 120. Based on the foregoing, Respondent violated Section 489.129(1) (g)3, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the job is completed but when the consumer is required to pay more than the original price of the contract to have the job completed as a result of the contractor’s mismanagement or misconduct in contracting. COUNT TWENTY-FOUR 121. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred ten through one hundred sixteen as though fully set forth G:A\OGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 22 herein. 122. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY ROBBINS PLUMBING 123. Under Contract 1, on or about September 25, 2006, Respondent submitted Pay Application No. 12, requesting payment of $101,052.68. A true and correct copy of the relevant portions of Pay Application 12 is attached as composite Exhibit “Z” 124. As evidenced by line item 27 of Original Contract Page 2.1, which is included with Pay Application No. 12, as of or before September 25, 2006, 100% of the “Plumbing” scope of work under Contract 1 had been paid to Respondent by Complainant. A true and correct copy of Original Contract Page 2.1 is attached as page 2 of composite Exhibit “2”. 125. On or about October 13, 2006, Complainant paid Respondent in full for Pay Application No. 12. 126. Evidence of full payment of Pay Application No. 12 to Respondent by Complainant, in the form of a check in the amount of $101,052.35 is attached as Exhibit “AA”. 127. Although Respondent was paid 100% of the “Plumbing” scope of work, Respondent failed to in turn pay sub-contractor Robbins Plumbing, LLC. 128. As a result of the non-payment, on or about April 6, G:AOGC\PRW\Cases\TUMLIN(2007-049162\AC 4-24\Final Version.doc 23 2007, Robbins Plumbing filed a claim of lien in the amount of $6,686.09, against Complainant's property. A true and correct copy of the claim of lien is attached as Exhibit “AD”. 129. Complainant satisfied the Robbins Plumbing claim of lien, thereby paying twice for the same work. A true and correct copy of the payment by Complainant made to Robbins Plumbing along with the release of claim of lien is attached as composite Exhibit “AE”. COUNT TWENTY-FIVE 130. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred twenty-three through one hundred twenty-nine as though fully set forth herein. 131. Based upon the foregoing, Respondent violated Section 489.129(1) (g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct oceurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. G:AOGC\PRW\Cases\TUMLIN(\2007-049162\AC 4-24\Final Version.doc 24 COUNT TWENTY-SIX 132. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred fourteen through one hundred seventeen as though fully set forth herein. 133. Based on the foregoing, Respondent violated Section 489.129(1) (g)3, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the job is completed but when the consumer is required to pay more than the original price of the contract to have the job completed as a result of the contractor’s mismanagement or misconduct in contracting. COUNT TWENTY -SEVEN 134. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred fourteen through one hundred seventeen as though fully set forth herein. 135. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BEE-LINE SUPPLY 136. Under Contract 1, on or about September 25, 2006, Respondent submitted Pay Application No. 12, requesting payment G:AOGC\PRW\Cases\TUMLIN\2007-0491 62\AC 4-24\Final Version.doc 25 of $101,052.68. A true and correct copy of the relevant portions of Pay Application 12 is attached as composite Exhibit “Z” 137. As evidenced by line item 18 of Original Contract Page 2.1, which is included with Pay Application No. 12, as of or before September 25, 2006, 100% of the “Glass and Glazing” scope of work under Contract 1 had been paid to Respondent by Complainant. A true and correct copy of Original Contract Page 2.1 is attached as page 2 of composite Exhibit “2”. 138. On or about October 13, 2006, Complainant paid Respondent in full for Pay Application No. 12. 139. Evidence of full payment of Pay Application No. 12 to Respondent by Complainant, in the form of a check in the amount of $101,052.35 is attached as Exhibit “AA”. 140. Although Respondent was paid 100% of the “Glass and Glazing” scope of work, Respondent failed to in turn pay supplier Bee Line Supply. 141. As a result of the non-payment, on or about January 1, 2007, Bee Line Supply Plumbing filed a claim of lien in the amount of $10,158.76, against Complainant’s property. A true and correct copy of the claim of lien is attached as Exhibit “AF”. 142. Complainant satisfied the Bee Line Supply claim of lien, thereby paying twice for the same work. A true and correct copy of the payment by Complainant made to Bee Line Supply along with the release of claim of lien is attached as composite G:AOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 26 Exhibit “AG”. COUNT TWENTY-EIGHT 143. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred thirty-six through one hundred forty-two as though fully set forth herein. 144. Based upon the foregoing, Respondent violated Section 489.129(1)(g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer’s job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT TWENTY-NINE 145. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred thirty-six through one hundred forty-two as though fully set forth herein. 146. Based on the foregoing, Respondent violated Section 489.129(1) (g)3, Florida Statutes, by committing mismanagement or G:\OGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 27 misconduct in the practice of contracting that causes financial narm to a customer. Financial mismanagement or misconduct occurs when the job is completed but when the consumer is required to pay more than the original price of the contract to have the job completed as a result of the contractor's mismanagement or misconduct in contracting. COUNT THIRTY 147. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred thirty-six through one hundred forty-two as though fully set forth herein. 148. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. FACTS RELEVANT TO CLAIM OF LIEN FILED BY A+ELECTRIC 149: Under Contract 1, on or about September 25, 2006, Respondent submitted Pay Application No. 12, requesting payment of $101,052.68. A true and correct copy of the relevant portions of Pay Application 12 is attached as composite Exhibit “2” 150. As evidenced by line item 29 of Original Contract Page 2.1, which is included with Pay Application No. 12, as of or before September 25, 2006, 100% of the “Electrical” scope of work under Contract 1 had been paid to Respondent by Complainant. A true and correct copy of Original Contract Page G:AOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 28 2.1 is attached as page 2 of composite Exhibit “2”. 151. On or about October 13, 2006, Complainant paid Respondent in full for Pay Application No. 12. 152. Evidence of full payment of Pay Application No. 12 to Respondent by Complainant, in the form of a check in the amount of $101,052.35 is attached as Exhibit “AA”. 153. Although Respondent was paid 100% of the “Electrical” scope of work, Respondent failed to in turn pay sub-contractor A+ Electric Group, Inc. 154. As a result of the non-payment, on or about January 5, 2007, A+ Electric filed a claim of lien in the amount of $20,612.97, against Complainant’s property. A true and correct copy of the claim of lien is attached as Exhibit “AH”. 155. Complainant satisfied the A+ Electric claim of lien, thereby paying twice for the same work. A true and correct copy of the payment by Complainant made to A+ Electric in the amount of $52,000, which includes settlement of the above mentioned A+ Electric claim of lien as well as another unrelated claim of lien is attached as composite Exhibit “AI”. COUNT THIRTY -ONE 156. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred forty-nine through one hundred fifty-five as though fully set forth herein. GAOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 29 157. Based upon the foregoing, Respondent violated Section 489.129(1)(g)1, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when valid liens have been recorded against the property of a contractor’s customer for supplies or services ordered by the contractor for the customer's job; the contractor has received funds from the customer to pay for the supplies or services; and the contractor has not had the liens removed from the property, by payment or by bond, within 75 days after the date of such liens. COUNT THIRTY-TWO 158. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred forty-nine through one hundred fifty-five as though fully set forth herein. 159. Based on the foregoing, Respondent violated Section 489.129(1) (g)3, Florida Statutes, by committing mismanagement or misconduct in the practice of contracting that causes financial harm to a customer. Financial mismanagement or misconduct occurs when the job is completed but when the consumer is required to pay more than the original price of the contract to have the job completed as a result of the contractor’s mismanagement or misconduct in contracting. G:A\OGC\PRW\Cases\TUMLIN\2007-049 1 62\AC 4-24\Final Version.doc 30 COUNT THIRTY- THREE 160. Petitioner re-alleges and incorporates the allegations set forth in paragraphs one through twenty-three and one hundred forty-nine through one hundred fifty-five as though fully set forth herein. 161. Based on the foregoing, Respondent violated Section 489.129(1) (m), Florida Statutes, by committing incompetence or mismanagement in the practice of contracting. WHEREFORE, Petitioner respectfully requests the Construction Industry Licensing Board enter an Order imposing one or more of the following penalties: place on probation, reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate of registration, require financial restitution to a consumer, impose an administrative fine not to exceed $10,000.00 per violation, require continuing education, assess costs associated with the investigation and prosecution, impose any or all penalties delineated within Section 455.227(2), Florida Statutes, and/or any other relief the Board is authorized to impose pursuant to Chapter 455 and 489, Florida Statutes, and the rules promulgated thereunder. G:AOGC\PRW\Cases\TUMLIN\2007-049162\AC 4-24\Final Version.doc 31 DBPR v. K. TUMLIN 2007-0459162 Administrative Complaint Signature Page Signed this ZT aay of DeXoPrer, , 2009. CHARLES W. DRAGO, Secretary Department of Business and Professional Regulation By: ichard Waters, Esq. Assistant General Counsel Fl. Bar No. 817651 Department of Business and Professional Regulation Office of the General Counsel 1940 N. Monroe Street,Ste. 42 Tallahassee, FL 32399-2202 pcp pate: \O-27] -OF . PCP Members: G:A\OGC\PR W\Cases\TUMLIN\2007-049 162\AC 4-24\Final Version.doc _ Contact BATA document ato7’-1997 4. Abbreviated Standard Form of Agreement Between Owner and t _.......-. .-- Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM AGREEMENT made as of the Seventh day of September in the year Two Thousand and Five (In words, indicate day, month and year) : BETWEEN the Owner: (Name, address and other information) Bishop Duncan Investments, LLC 1321 Edgewater Drive Suite 2 Orlando, FL 32804 Telephone Number: 321-257-0313 Fax Number: 407-804-1222 and the Contractor: _ (Name, address and other information) Great Southern Contractors, Inc. 807 S. Orlando Ave. Suite R Winter Park, FL 32789 the Project is: (Name and location) Shoppes at Lee Road Buildings A & C 4110 Lee Road Orlando, FL 32801 the Architect is: (Name, address and other information) Michael Brady 100 Colonial Center Parkway Suite 120 Lake Mary, FL 32746 Telephone Number: 407-585-0330 Fax Number: 407-585-0336 The Owner and Contractor agree as follows. AiA Document At07™ - 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American| All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and international Treaties. Unauthoriz distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted extent possible under the faw. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597, 6/30/2006, and is not for resale. User Notes: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of ° this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This Document includes abbreviated General Conditions and should not be used with other general conditions. This document has been approved and endorsed by The Associated General Contractors of America. . Ne ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent 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 will be (14) days after all building permits are issued and the Owner/Contractor agreement are executed. § 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 242 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. Unless stated:elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) , Subject to adjustments of this Contract Time as provided in the Contract Documents (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for - early completion of the Work.) 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 Million Nine Hundred Seventy Thousand Four Hundred Ninety One Dollars & 00 Cents ($1,970,491.00), subject to additions and deletions as provided in the Contract Documents. § 3.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) § 3.3 Unit prices, if any, are as follows: Description Units Price ($ 0.00) Delays not caused by contractor Day $683.00 ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.1 Based upon Applications for Payment submitted to the Architect with a copy to the Owner 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. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Submit pay application by the 25” of the month with pay by the 10" of the following month. Applications for payment shall be reviewed and approved by the Architect and the Owner. General Contractor shall provide partial hy AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. Allrights reserved. WARNING: This AIA” Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 2 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 possibie under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, andi is not for resale. - release of liens with current application for payment from previous month payment. Reduce retainage to 5% on next to last payment application. § 4.1.2 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the 10th day of the next month. If an Application for Payment is received by the Architect after the date fixed above, payment shall be made by the Owner not later than fifteen ( 15 ) days after the Architect receives the Application for Payment. § 4.1.3 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.) 5% above prime (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner’s and Contractor’s principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers. ) § 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 17.2, and to satisfy other requirements, if any, which extend beyond final payment; and 2 a final Certificate for Payment has been issued by the 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 follow: Final CO Final Contractor's Affidavit of Conformance and all closeout documents are received. It is mandatory for tenant to sign off on punch list that all itmes are completed. ARTICLE 5 ENUMERATION OF CONTRACT DOCUMENTS §5.1 The Contract Documents are listed in Article 6 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: § 5.1.1 The Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between Owner and Contractor, AIA Document A107-1997. § 5.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages § 5.1.3 The Specifications are those contained in the Project Manual dated as in Section 5.1.2, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Title of Specifications exhibit: § 5.1.4 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Title of Drawings exhibit: Ae 2) AJA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. Allrights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or 3 distribution of this AIA® Document, or any portion af 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 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on and is not for resale. § 5.1.5 The Addenda, if any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 5. § 5.1.6 Other documents, if any, forming part of the Contract Documents are as follows: (List any additional documents which are intended to form part of the Contract Documents.) GENERAL CONDITIONS ARTICLE 6 GENERAL PROVISIONS § 6.1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Ditective-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 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. § 6.2 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 (1) between the Architect and Contractor, (2) between the Owner and a Subcontractor or sub-subcontractor, (3) between the Owner and Architect or (4) between any persons or entities other than the Owner and Contractor. § 6.3 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. § 6.4 EXECUTION OF THE CONTRACT 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. § 6.5 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect’s consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, sub- subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents prepared by the Architect or the Architect’s consultants, and unless otherwise indicated the Architect and the Architect’s consultants shall be deemed the authors of them and will retain all common law, statutory and other reserved rights, in addition to the copyrights. All copies of them, except the Contractor's record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents prepared by the Architect and the Architect’s consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the AM AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Internationat Treatles. Unauthorized reproduction or 4 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 16:43:20 on 09/07/2005 under Order No. 1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (2341003360) Contractor or any Subcontractor, sub-subcontractor or material or equipment supplier 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. The Contractor, Subcontractors, sub-subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect’s consultants appropriate to and for use in the execution of their Work under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect’s consultants. 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’ copyrights or other reserved rights. ARTICLE 7 OWNER § 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 7.1.1 The Owner shall furnish and pay for surveys and a legal description of the site. § 7.1.2 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. § 7.1.3 Except for permits and fees which are the responsibility of the Contractor under the Contract Documents, 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 permanent changes in existing facilities. §7.2 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 persistently 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. § 7.3 OWNER’S RIGHT TO CARRY OUT THE WORK Jf the Contractor defaults or persistently fails or negle Documents, or fails to perform a provision of the Contract, the Owner, Contractor and without prejudice to any other remedy the Owner may have, may make good 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. cts to carry out the Work in accordance with the Contract after 10 days’ written notice to the ARTICLE 8 CONTRACTOR § 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR § 8.1.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Section 7.1.1, 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 construction by the Contractor and are not for the purpose of discovering errors, omissions or inconsistencies in the Contract Documents; however, any errors, omissions or inconsistencies discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. during this review shall be reported promptly to the § 8.1.2 Any design errors or omissions noted by the Contractor a contractor and Architect, but it is recognized that the Contractor’s review is made in the Contractor’s capacity as not as a licensed design professional unless otherwise specifically provided in the Contract Documents. § 8.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 8.2.1 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. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall be fully and iN 5 AIA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or 5 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 possibie under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (2341003360) ne applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect or any of the Architect’s employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. § 9.11 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: 4 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 19. Nothing contained in this Section 9.11 shall be deemed to preclude an award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. ARTICLE 10 SUBCONTRACTORS § 10.4 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. § 10.2 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 for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. 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. § 10.3 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 afforded to the Contractor by these Contract Documents. ARTICLE 11 OWNER’S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 11.1 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 Section 9.10. § 11.2 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. AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 Allrights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Internatio and will be prosecuted to the maximum distribution of this AIA” Decument, or any portion of it, may result in severe civil and criminal penalties, ir 1005 under Order No.1000186597_1 which expires on extent possible under the law. This document was produced by AIA software at 16:43:20 on 09/07/2 6/30/2006, and is not for resale. (2341003360) User Notes: and 1997 by The American Institute of Architects. nai Treaties. Unauthorized reproduction or Ab § 11.3 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 12 CHANGES IN THE WORK § 12.1 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, 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. § 12.2 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive, by the Contractor’s cost of labor, material, equipment, and reasonable overhead and profit. § 12.3 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. . § 12.4 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. ARTICLE 13 TIME § 13.1 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. § 13.2 The date of Substantial Completion is the date certified by the Architect in accordance with Section 14.4.2. § 13.3 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 Section 9.10. : ARTICLE 14 PAYMENTS AND COMPLETION § 14.1 APPLICATIONS FOR PAYMENT § 14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shail be ina form satisfactory to the Architect. § 14.1.2 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. § 14.2 CERTIFICATES FOR PAYMENT § 14.2.4 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Section 14.2.3. § 14.2.2 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 the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents, The foregoing representations are subject to AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AiA® Document is protected by U.S, Copyright Law and International Treaties. Unauthorized 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 16:43:20 on (09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. (2341003360) User Notes: 7 cena sees 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. § 14.2.3 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 14.2.2 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 14.2.1. 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 8.2.2, 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 another contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or 7 persistent failure to carry out the Work in accordance with the Contract Documents. § 14.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. § 14.3 PAYMENTS TO THE CONTRACTOR § 14.3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor’s portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such 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. § 14.3.2 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. § 14.3.3 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. § 14.4 SUBSTANTIAL COMPLETION § 14.4.1 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 A107™ ~ 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. Ail rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:43:20 on 09/07/2005 under Order No. 1000186597_1 which expires on 6/30/2006, and is not for resale. (2341003360) _— wad User Notes: Ky _ § 14.4.2 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. Upon the issuance of the Certificate of Substantial Completion, the Architect will submit it to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. § 14.5 FINAL COMPLETION AND FINAL PAYMENT § 14.5.1 Upon receipt of 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 14.5.2 as precedent to the Contractor’s being entitled to final payment have been fulfilled. § 14.5.2 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 paymenits 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. § 14.5.3 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. § 14.5.4 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 15 PROTECTION OF PERSONS AND PROPERTY § 15.1 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; and 3 other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property 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 15.1.2 and 15.1.3, 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 8.13. AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. (2341003360) User Notes: ee i 12 solely responsible for the jobsite safety thereof unless the Contractor gives timely written notice to the Owner and Architect that such means, methods, techniques, sequences or procedures may not be safe. § 8.2.2 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. : § 8.3 LABOR AND MATERIALS § 8.3.1 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. § 8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor’s employees and other persons carrying out the Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. § 8.3.3 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers’ instructions. § 8.3.4 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. §.8.4 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 otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation or normal wear and tear and normal usage. § 8.5 TAXES The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted when bids are received or negotiations concluded. § 8.6 PERMITS, FEES AND NOTICES § 8.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. Permit is to be paid for by owner. § 8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. § 8.7 SUBMITTALS § 8.7.4 The Contractor shall review for compliance with the Contract Documents, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submittals. § 8.7.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. ‘AIA Document A107™ ~ 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 6 distribution of this AIA® Document, or any portion of It, may result in severe civil and criminal penaities, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (2341003360) § 8.8 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 8.9 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. § 8.10 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 from and about the Project waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus material. § 8.11 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees; 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'Tequired by the Contract Documents, or where the copyright violations are contained in Drawings, Specifications or other documents prepared by the Owner or Architect, unless the Contractor has reason to believe that there is an infringement of patent or copyright and fails to promptly furnish such information to the Architect. § 8.12 ACCESS TO WORK The Contractor shall provide the Owner and Architect access to the Work in preparation and progress wherever located, § 8.13 INDEMNIFICATION . § 8.13.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Section 16.3, 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 experise 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 8.13. § 8.13.2 In claims against any person or entity indemnified under this Section 8.13 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 8.13.1 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 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT . § 9.1 The Architect will provide administration of the Contract and will be an Owner’s representative (1) during construction, (2) until final payment is due and (3) with the Owner’s concurrence, from time to time during the. one- year period for correction of Work described in Section 17.2. § 9.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor’s operations (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since AJA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: : (924100828) A\\ Se § 15.2 HAZARDOUS MATERIALS § 15.2.1 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 bipheny! (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 shal! resume upon written agreement of the Owner and Contractor. 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, which adjustments shall be accomplished as provided in Article 12 of this Agreement. § 15.2.2 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 15.2.1 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), and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indernnity. § 15.2.3 If, without negligence on the part of the Contractor, the Contractor is held liable 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 16 INSURANCE § 16.1 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 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. 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. § 16.2 OWNER’S LIABILITY INSURANCE The Owner shall be responsible for purchasing and maintaining the Owner’s usual liability insurance. § 16.3 PROJECT MANAGEMENT PROTECTIVE LIABILITY INSURANCE § 16:3.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner’s, Contractor’s and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor’s Liability insurance under Section 16.1. § 16.3.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. § 16.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other persons or entities as additional insureds on the Contractor's Liability insurance under Section 16.1. AiA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. Alt rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Internationa! Treaties. Unauthorized reproduction or 13 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 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (2341003360) § 16.4 PROPERTY INSURANCE § 16.4.1 Unless otherwise provided, the Owner shall purchase and maintain, authorized to do business in the jurisdiction in which the Project is located, 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 14.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Section 16.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub- subcontractors in the Project. in a company or companies lawfully property insurance on an “all-risk" tractor before an exposure to loss may occur. Each § 16.4.2 The Owner shall file a copy of each policy with the Con and that its limits will not policy shall contain a provision that the policy will not be canceled or allowed to expire, be reduced, until at least 30 days’ prior written notice has been given to the Contractor. § 16.5 WAIVERS OF SUBROGATION § 16.5.1 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 11, 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 16.4 or other property insurance applicable to the Work, except such rights as they have to: shall require of proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, the Architect, Architect’s consultants, separate contractors described in Article 11, if any, and the subcontractors, written where legally required sub-subcontractors, agents and employees of any of them, by appropriate agreements, 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. § 16.5.2 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. ARTICLE 17 CORRECTION OF WORK § 17.1 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 and compensation for the Architect’s services and expenses made necessary thereby, shall be at the Contractor’s expense. § 17.2 In addition to the Contractor’s obligations under Section 8.4, 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 14.4.2, 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. § 17.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3. AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1 m i nai Treaties. Unauthorized reproduction or All rights reserved. WARNING: This AIA” Document Is protected by U.S. Copyr' igs, and will be prosecuted to the maximum distribution of this 'AIA® Document, or any portion of it, may result in severe r 09/07/2005 under Order No. 1000186597_1 which expires on extent possible under the law. This document was produced by AIA software at 16:43:20 on 6/30/2006, and is not for resale. (2341003360) i User Notes: AB 14 § 9.10.1 Claims, disputes and other matters in question arising out of or rela these are solely the Contractor’s rights and responsibilities under the Contract Documents, except as provided in Section 8.2.1. § 9.3 The Architect will not be responsible for the Contractor’s failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 9.4 Based on the Architect’s evaluations of the Work and of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 9.5 The Architect will have authority to reject Work that does not conform to the Contract Documents. § 9.6 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. § 9.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions so rendered in good faith. § 9.8 The Architect’s decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. § 9.9 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. § 9.10 CLAIMS AND DISPUTES ting to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Section 15.2, shall be referred tic effect and except those waived initially to the Architect for decision. Such matters, except those relating to aesthet as provided for in Section 9.11 and Sections 14.5.3 and 14.5.4, 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 arbitration or the institution of legal or equitable proceedings by either party. § 9.10.2 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 prior to resolution of the matter by the Architect, by mediation or by arbitration. § 9.10.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable 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. , § 9.10.4 Claims, disputes and other matters in question arising out of or relating to the Contract that are not resolved by mediation, except matters relating to aesthetic effect and except those waived as provided for in Section 9.11 and Sections 14.5.3 and 14.5.4, shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the ‘American Arbitration Association and shall be made within a reasonable time after the dispute has arisen. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with A\ u AJA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 8 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 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (2341003360) cm ee § 17.4 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 performance of the Work. § 17.5 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 17. ARTICLE 18 MISCELLANEOUS PROVISIONS § 18.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other. § 18.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. § 18.3 TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction 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 tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. § 18.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD As between Owner and Contractor, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued: 1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; .2 not later than the date of issuance of the final Certificate for Payment for acts or failures to act occurring subsequent to the relevant date of Substantial Completion and prior to the issuance of the final Certificate for Payment; and 3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occurring after the date of the final Certificate for Payment. ARTICLE 19 TERMINATION OF THE CONTRACT § 19.1 TERMINATION BY THE CONTRACTOR If the Architect fails to recommend payment for a period of 30 days through no fault of the Contractor, or if the Owner fails to make payment thereon 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 and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages applicable to the Project. § 19.2 TERMINATION BY THE OWNER § 19.2.1 The Owner may terminate the Contract if the Contractor: -1__ persistently or 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 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or 4 otherwise is guilty of substantial breach of a provision of the Contract Documents. § 19.2.2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the NS AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or 15 distribution ot this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possibie under the law. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on Beene. and is not for resale. (2341003360) Contractor seven days’ written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever 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. § 19.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 19.2.1, the Contractor shall not be entitled to receive further payment until the Work is finished. § 19.2.4 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. ARTICLE 20 OTHER CONDITIONS OR PROVISIONS This Agreement entered into as of the day and year first written above. RACTOR (Signature) |_ Whit Duncan Kenneth M. Tumlin, President (Printed rfame and title) (Printed name and title) VAs Date AIA Document A107™ - 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. Allrights reserved. WARNING: This AIA® Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or 16 distribution of this ALA® 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 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (2241003360) Additions and Deletions Report for AIA Document A107™ - 1997 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal! line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:43:20 on 09/07/2005. PAGE 1 AGREEMENT made as of the Seventh day of September in the year Two Thousand and Five Bishop Duncan Investments, LLC 1321 Edgewater Drive Suite 2 Orlando, FL 32804 Telephone Number: 321-257-0313 Fax Numbei: 407-804-1222 Great Southern Contractors, Inc. 807 S. Orlando Ave. Suite R Winter k, 32789 NY es at Lee Road Buildings A & C 4110 Lee Road Orlando, EL 32801 Michael Brady 100 Colonial Center Parkway Suite 120 Lake Mary, FL 32746 Tele hone Number: 407-585-0330 Fax Number: 407-585-0336 PAGE 2 Date of Commencement will be (14) days after all building permits are issued and the Owner/Contractor agreement are executed. ; AVY] ‘Additions and Deletions Report for AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International 1 Treaties. Unauthorized 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 taw. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resaie. (2341003360) User Notes: Se " ‘Pitle of Drawings exhibit: § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 242 days from the date of commencement, or as follows: § 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 Million Nine Hundred Seventy Thousand Four Hundred Ninety One Dollars & 00 Cents ($1,970.491.00), subject to additions and deletions as provided in the Contract Documents. Delays not caused by contractor Day $683.00 § 4.1.4 Based upon Applications for Payment submitted to the Architect with a copy to the Owner 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. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 25" of the month with pay by the 10" of the following month. Applications for ; ‘approved by the Architect and the Owner, General Contractor shall provide partial pplication for payment from previous month payment, Reduce retainage to 5% on next ation by.th tion for Payment is received by the Architect not later than the 25th day of a month, to the Contractor not later than the 10th day of the next month. If an Application for hitect after the date fixed above, payment shall be made by the Owner not later than er-the Architect receives the Application for Payment. 59 above prirtie | Final-CO Final Gontrattor’s Affidavit of Conformance and all closeout documents are. received. It is mandatory for 4cnant to sign off on punch list that all itmes are completed. “Section ; Title Pages Title of Specifications exhibit: |” -PAGE6 § 8.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. Permit is to be paid for by owner. PAGE 16 (Printed Lith Printed sit Whit Duncan Kenneth M. Tumlin, President EEE lo ‘Additions and Deletions Report for AIA Document At! 07™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AtA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized 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 16:43:20 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (2341003360) Certification of Document’s Authenticity AlA® Document D401™ — 2003 ief, that I created the attached I, Shelby Lundin, hereby certify, to the best of my knowledge, information and bel: and this certification at 16:43:20 final document simultaneously with its associated Additions and Deletions Report on 09/07/2005 under Order No. 1000186597_1 from ALA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document A107™ — 1997 - Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) / ¢ Title) ail ulos ‘AIA Document D401 ™ — 2003. Copyright © 1992 and 2003 by The American Institute ‘of Architects. All rights reserved, WARNING: This AtA® Document distribution of this AIA® Document, or any portion of it, is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or may result in severe civil and criminal penalties, and will be prosecuted to the maximum User Notes: on extent possible under the faw. This document was produced by AIA software at 16:43:20 on 09/07/2005 under Order No.1006186597_1 which expires on 6/30/2006, and is not for resale. (2941003360) Ain 1 GREAT SOUTHERN ! 2. CONTRACTORS GENERAL CONTRACTORS Shoppes Of Lee Road Proposal Clarifications 6-09-05 14. This proposal does not include any impact fees, connection fees, permit fees, and underground electric differential electric fees. so 3. This proposal is based on the site being accessible to standard construction equipment. We have not included the construction of any temporary roads to gain access to the site. 4. The owner is responsible for applying for their power, water and electric service to allow enough time to get these services on site. We will assist the owner in the interface between the utility companies and the site locations of the point of connections. However the application for these utilities can only be done by the owner. 5. This proposal is based on being able to get electric service at the site for temporary power. We do not include any money for a generator if there is no electric power available. 6. This proposal is based on being able to get water service at the site for temporary water. We do not include money in this proposal to truck water onto the site. 7. This proposal does not include the installation of any telephone cabling or equipment. We do include the telephone service conduit to the property line, the telephone termination box and the empty conduits to the tenant spaces. 8. This proposal does not include the installation of any closed circuit TV cabling or equipment. The plans did not cail for any. 807 South Orlando Avenue, Suite R * Winter Park, FL 32789 « FL Lic. #CBC - 028108 #4(407) 699-9399 » Fax (407) 695-7536 » www.greatsouthern-ge.com ae 9. This proposal does not include the installation of any data cabling or equipment. The plans did not call for any. : 10.Once the building is switched over to the permanent power source the power bill is to be paid for by the owner. 11. This proposal does not include well pointing or any kind of dewatering. We were not given a soils report. 12. This proposal does not include removal of any unsuitable soil material should it be encountered. We were not given a soils report. 13. This proposal does not include any segmented retaining walls or screen walls. We did not see any on the plans. 14. This proposal does not include any exterior store signage. . 15. This proposal does not include any hurricane shutters for the storefront system 16. This proposal is based on a non impact glass system for the glass storefront system. 17.This proposal includes s.f of st Augustine grass. Any additional sod will be added at a cost of $0.32/s.f 18.We have based our bid on fiberglass ductwork. 19. This proposal does not include a temporary construction fence around the entire property during construction. 20. This proposal does not include quality control testing. 21. This proposal does not include a fire alarm system. 22. This proposal does not include any fire sprinklers in the canopy of the building. The plans did not call for any. 23. This proposal does not include a fire pump if the fire main pressures are not adequate to support the fire sprinkler system. 24. This proposal is based on using narrow stile doors. 25. The electrical site light plans for Amscott and Building A conflict. We have based our bid on the Building A site lighting print. Ra 807 South Orlando Avenue, Suite R © Winter Park, FL 32789 * FL Lic. #CBC - 028108 #1407) 699-9399 » Fax (407) 695-7536 « www.greatsouthem-gc.com 26. Our proposal includes all of the site work in the Building A & C number 27.Our proposal is based on providing fire sprinklers in building A only. 28.We do not include the awning work on Amscot. We interpreted the plans as this being supplied by the owner. 29. This proposal is based on using fiberglass ductwork. 30. This proposal is based on us being awarded all three buildings. 807 South Orlando Avenue, Suite R « Winter Park, FL 32789 * FL Lic. #CBC - 028108 «¥407) 699-9399 © Fax (407) 695-7536 * www. greatsouthern-ge.com Ra | GREAT SOUTHERN CONTRACTORS ‘SHOPPES OF LEE ROAD ‘Owner 1 6.C. Compare Scope of Work With Subs Wre Subconiracts . a RESP R). FEE 2F 8) 3] SCEEEEEE tS , aE REEER PaERR FERRER [Oct 9, 05 Oct} simitiwitlr[sts EREEEINEGIa} Roles Up Progress EANEMNEENEEM © Project Summary : | SHOPPES OF LEE ROAD = Page GREAT SOUTHERN SHOPPES OF LEE ROAD CONTRACTORS FEEEEREEE 22] Spit Roted Up Misatone = > External Tasks Roked Up Progress ENNENNINNIBINR Project Summary Pagez— : \ | Project Shoppes At Hanncock Vilage Dale: Fr o/10005 ‘Cetteat Task Progross 'SHOPPES OF LEE ROAD GREAT SOUTHERN SHOPPES OF LEE ROAD ‘Owner | Oensity Test Parking Lal Phase 1 v {Curbs Phase | | Stabatze Parking Lot Phase + _Limerock Parking Jot Phase 1 | Yack Céai Phage | Parking Lot | Complete Phase | Parking Lot | Rough Grade Partiog Lat Phese i EFBV Packing Lot Phase tt” EERE EE EEE. EEEEEEESE Teak : Project Shoppes At Hanncock Vilage | Date: Fx @7t6705 Cetteat Task, . Prograss + | SHOPPES OF LEE ROAD. GREAT SOUTHERN CONTRACTORS SHOPPES OF LEE ROAD. ‘Owner \Wotat Stud Framing Front Fascia Bldg A { ” FRough Electric @ Fascia Bldg A | Complete Metal Fascia Framing Buliding A” ‘Reugh Wood Blocking @ Faiacta Bldg A ‘Matal Stud Framing Front Fascia Bidg C [instal HVAC Root Curbs Amscot Récf Wood Blocking Amscot " Btorafront Wood Blocking Amacot * inate Root Ameot instal HVAC Roof Curba Big ¢ ‘Rebar Thick Edge @ Canopy Amacot ” Pinapect @ Bulding Wak Amacot “ Ptact Building Was Conc Amacot 7] [Complate canspy Wadia Amacot | Pina Grade Suiting Wake Bldg € [Form Buldding Walks Bidg C ‘Rebar Thick Edge @ Canopy Bidg © © nepect @ Bidding Walk Bldg” Project Shoppes At Hennonck Vilage Date: Fri 0/20/05, ‘Summary Roled Up Task 2 Exdemal Méeutone FERRERS] Roled Up Progress NOIR Project Summary vaew| P aa Giza | Dondine Ao) GREAT SOUTHERN CONTRACTORS 'SHOPPES OF LEE ROAD ‘Owner | Completa HVAG Bkig A Hinstal HVAC Units Amacot ” VAC Dict Amit EERBESEERRE FER RRREEERERE : por GFLEE ROAD GREAT SOUTHERN CONTRACTORS SHOPPES OF LEE ROAD PECEEECEECECECOECE ii VCT Tie @ Bathrooms Bidg A” "'; Flstah Plumbing Bik A” “Inatal Buttwoom Acceas Bitig A Complete Plumbing Biig A we ‘pda k "Heated Electric i Cabinets Amscot : natal Wood Cap Gn Low Walt Amacot Finiah Electric Amscot Finish HVAC Amscot “Final Electric inspection Amacai "Final HVAC inspeciion Amacot)—” Final Plumbig inspection Amacot Fie Inepection Amscot PPLECECCCECECEEECCEECECEOW® BREE BRRFERE PEECCCECEECEE Task E Spm Project Shoppes At Hanneack Vilage Date: Fri 9/18/05 Cefical Task Se 7] \ ee Ml ee External Tasks, Progress EER Role Up Task EZEEEEETEE Roted Up Progress SSESMNUMENINERS Project Summary ‘SHOPPES OF LEE ROAD. Fags GREAT SOUTHERN CONTRACTORS SHOPPES OF LEE ROAD ‘Owner «| Project Shoppes Al Hanncack Vilage. - Date: Fri 6/10/05 Crtical Task 7 Progress: "| SHGPPES OF LEE ROAD >= ‘GENERAL CONTRACTORS Holiday Time Not included in contract time Thursday & Friday, November 24" and 25"- Thanksgiving Friday & Monday, December 23” and 26"- Christmas Friday & Monday, December 30° and January 2"-News Years Friday, April 14"- Good Friday Monday, July 4"- Fourth of July Mo GREAT SOUTHERN CONTRACTORS ee) NNER GENERAL CONTRACTORS Amscot Financial Lee Road CVR A-1 A-2.1 A-2.2 A-3.1 A-3.2 A-4 A-5 A-6 A-7 A-8.1 A-8.2 A-8.3 A-8.4 A-8.5 A-8.6 S-1 $-2 $-3 MO.1 M1.1 M2.1 PO.1 P1.1 P2.1 E0.1 E1.1 ° 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 03/28/05 05/13/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 05/13/05 05/13/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 05/13/05 Nec” ADI E1.2 03/28/05 E2.1 03/28/05 E3.1 05/13/05 E4.1 05/13/05 ES1.1 03/28/05 ES1.2 03/28/05 CONSTRUCTION PLANS THE SHOPPES AT LEE ROAD CVR Feb. 2005 Feb. 2005 Feb. 2005 Feb. 2005 Feb. 2005 Feb. 2005 Feb. 2005 Feb. 2005 0 Feb. 2005 1 Feb. 2005 ae OON OO GA WN LEE ROAD RETAIL DEVELOPMENT BUILD. A CVR 05/04/05 A-1 05/04/05 A-2 05/04/05 A-3 05/04/05 A-4 05/04/05 A-5 05/04/05 A-6 05/04/05 A-7 05/04/05 A-8 05/04/05 A-9 05/04/05 S-1 03/22/05 $-2 03/22/05 $3 03/22/05 S-4 03/22/05 MO.1 04/01/05 M1.4 M2.1 E0.1 E1.1 E1.2 E3.1 E4.1 E5.1 E5.2 ES1.1 ES1.2 PO.1 SHOPPES AT LEE ROAD BUILDING C 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 — 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 05/04/05 05/04/05 05/04/05 05/04/05 05/04/05 05/04/05 05/04/05 05/04/05 05/04/05 03/30/05 03/30/05 03/30/05 03/30/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 ASE BUILDING A P1.1 04/01/05 P2.1 04/01/05 FP1.1 04/01/05 1100 LEE ROAD AMSCOT FINANCIAL CVR 05/13/05 A-1 07/14/05 A-2.1 07/14/05 A-2.2 05/13/05 A-3.1 07/14/05 A-3.2 07/14/05 A-4 05/13/05 A-5 07/14/05 A-6 07/14/05 A-7 03/28/05 A-8.1 03/28/05 A-8.2 03/28/05 A-8.3 03/28/05 A-8.4 03/28/05 A-8.5 03/28/05 A-8.6 03/28/05 $-1 07/14/05 $-2 07/14/05 $-3 07/14/05 M0.1 07/14/05 M1.1 03/28/05 M2.1 07/14/05 PO.1 03/28/05 P1.1 03/28/05 P2.1 03/28/05 E0.1 03/28/05 E1.1 07/14/05 E1.2 03/28/05 E2.1 03/28/05 E3.1 07/14/05 07/14/05 07/14/05 07/14/05 eee ve nN . a 5 2 Es } 3 AIA Document A107” - 1997 viated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope lere the basis of payment is a STIPULATED SUM AGREEMENT made as of the Seventh day of September in the year Two Thousand and ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the ieft margin of ~ this document indicates where ° the author has added necessary information and where the author has added to or deleted from the original AIA text. : This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This Document includes abbreviated General Conditions and should not be used with other genera! conditions. . - This.document has been approved and endorsed by The Associated General Contractors of America. The Owner and Contractor agree as follows. AIA Document A107™ ~ 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved, WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties, Unautho! distribution of this AIA' Document, or any portion of it, may result in severe elvil and criminal penalties, and will be prosecuteflr: extent possible under the law. This document was Produced by AIA software at 16:47:18 on 09/07/2005 under Order No. 10001 8659) FF n006 and is not for resale, ser Notes: , ARTICLE 1. THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicatéd 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 will be (14) days after all building permits are issued and the Owner/Contractor agreement are executed, a §2.2 The Contract Time Shall be measured from the date of commencement. letion of the entire Work not later than 242 days from the date rs. Alternatively, a calendar date may be used when coordinated with the date of lsewhere in the Contract Documents, insert any requirements for earlier Substantial ins of the Work.) ‘Ontract Time as provided in the Contract Documents iquidated damages relating to failure to complete on time or for bonus payments for |The Owner: shall ay the Contr ctor the Contract Sum in current funds for the Contractor's performance of the ur Hundred Thirteen Thousand Three Hundred Twelve Dollars & 00 Cents decisions on other alternates are to be made by schedule of such other alternates showing the § 3.3 Unit prices, if any, aré'as follows: Description Units Price ($ 0.00) |. Delays not caused by contractor Day $683.00 ARTICLE 4 PAYMENTS § 4.1 PROGRESS PAYMENTS § 4.1.4 Based upon Applications for Payment submitted to the Architect with a copy to the Owner 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. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Submit pay application by the 25" of the month with pay by the 10" of the following month. Applications for payment shall be reviewed and approved by the Architect and the Owner. General Contractor shall provide partial curnent A107™ ~ 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects, AIA Do: Ail rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized teproduction or distribution of this AIA® Document, or any portion of it, may resuit in severe civil and criminal penaities, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: ° (555527366) Bd 2 fifteen ( 15 ) days after the Architect recéives the Application for Payment. § 4.1.3 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.) | 5% above prime L Truth in Lending Act, similar state and local consumer credit laws tractor’s principal places of business, the location of the Project and idity of this provision. Legal advice should be obtained with respect to deletions or ling requirements such as written disclosures or waivers.) -has fully performed the Contract except for the Contractor’s responsibility to correct idéd in Section 17.2, and to Satisfy other requirements, if any, which extend beyond a final Certificate for Payment has been issued by the Architect. " 84 22 ie 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 follow: ~Final CO Final Cohiractor’s Affidavit of ‘Conformance and all closeout documents are received. It is mandatory for _¢ fenant to 'sign.off On punch list that all itmes are completed. $5.41 The ‘Agreement is this executed 1997 edition of the Abbreviated Standard Form of Agreement Between Owner and Contractor, AIA Document A107-1997. § 5.1.2 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages § 5.4.3 The Specifications are those contained in the Project Manual dated as in Section 5. 1.2, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) | Title of Specifications exhibit: § 5.1.4 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) | Title of Drawings exhibit: . B User Notes: (555527366) se § 5.1.5 The Addenda, if any, are as follows: . . : Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 5. § 5.1.6 Other documents, if any, forming part of the Contract Documents are as follows: (List any additional documents which are intended to form part of the Contract Documents. ) GENERAL CONDITIONS ARTICLE § GENERAL PROVISIONS § 6.1. THE GONTRA\ t of this Agreement with Conditions of the Contract (General, Supplementary and ngs, Specifications, Addenda issued Prior to the execution of this Agreement, other ‘cement and Modifications issued after execution of this Agreement. A Modification is ntract signed by both parties, (2) a Change Order, (3) a Construction Change of a minor change in the Work issued by the Architect. The intent of the Contract necessary for the proper execution and completion of the Work by the Contractor. and what is required by one shall be as binding as if required by all; ed to the extent consistent with the Contract Documents and ctual relationship i i > beontractor or sub-subcontractor, (3) between the Owner and Architect or (4) between any persons an ‘the Owner ‘and Contractor. ce The't cin "Work" means the, constriction 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. § 6.4 EXECUTION OF THE CONTRACT Execution of the Contract Ny thé Contractor is a Tepresentation 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. is.described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, sub- set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The . Drawings, Specifications and other documents Prepared by the Architect and the Architect’s consultants, and copies thereof furnished to the Contractor, are for use solely with respect to this Project. They are not to be used by the bY } AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects. } All rights reserved. WARNING: This Ala? Document 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 User Notes: (555527366) a te, 4 4 ARTICLE 7 OWNER §7.4 INFORMATION AND SERVICES REQUIRED OF THE OWNER § 7.4.4 The Owner shall furnish and pay for Surveys and a legal description of the site. S, easements, assessments and charges required for the Permanent structures or permanent changes in existing facilities, ork which is not in accordance with the requirements of the Contract Documents, t the Work in accordance “$7.3 OWNER’S RIGHT-TO CARRY OUT THE WORK “tl ‘ persistently fails or neglects to carry out the Work in accordance with the Contract Provision of the Contract, the Owner, after 10 days’ written notice to the rejudice:to, other remedy the Owner may have, may make good such deficiencies and f; including Owner’s expenses and compensation for the Architect’s services sary thereby, from the payment then or thereafter due the Contractor. sions noted by the Contractor during this review shall be reported promptly to the § 8.1.2 Any design errors or omis Architect, but it is tecognized that the Contractor’s Teview is made in the Contractor’s capacity as a contractor and hot as a licensed design professional unless otherwise Specifically provided in the Contract Documents, §8.2 SUPERVISION AND CONSTRUCTION PROCEDURES § 8:21 The Cont shall supervise and direct the Work, using the Contractor’s best skill and attention. The tractor sh: i i j AIA Document A107™ — 1997, Copyright © 1836, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties, Unauthorized reproduction or distribution of this AtA® 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 16:47:18 on 09/07/2005 under Order No.10001 '86597_1 which expires on . and is not for resaie, User Notes: (585527366) solely responsible for the jobsite safety thereof unless the Contractor gives timely written notice to the Owner and Architect that such means, methods, techniques, sequences or procedures may not be safe, ,) § 8.2.2 The Contractor shall be Tesponsible 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. § 8.3 LABOR AND MATERIALS § 8.3.1 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. § 8.3.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other » persons cartying out the Contract. The Contractor shall not permit employment of unfit persons or persons not - skilled in tasks assigned to them. Soritractor shall deliver, handle, store and install materials in accordance with manufacturers’ Owner and Architect that materials and equipment furnished under the Contract will ‘8s otherwise required or permitted by the Contract Documents, that the Work will be ‘the quality required or permitted, and that the Work will conform with the ct Documents. Work not conforming to these requirements, including substitutions not juthorized, may be considered defective. The Contractor's warranty excludes remedy for > Or defect caused’ by abuse, modifications not executed by the Contractor, improper or insufficient nance, improper Operation or normal wear and tear and normal usage. “§ 8.5 TAXES use and other similar taxes which are legally enacted when bids are § 8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. The Contractor shall promptly notify the Architect and-Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. Tf the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shail bear the costs attributable to correction. § 8.7 SUBMITTALS § 8.7.1 The Contractor shall review for compliance with the Contract Documents, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submittals. § 8.7.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. AIA Document A107™ — 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. Allrights reserved. WARNING: This AIA® Document 's protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 6 extent possible under the law. This document was produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (555527366) sea sae § 8.8 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. § 8.9 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. § 8.10 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 from and about the Project waste materials, rubbish, the Contractor’s tools, construction equipment, machinery and surplus material. § 8.11 ROYALTIES, PATENTS AND COPYRIGHTS . The Contractor. shall pay all royalties and license fees; shall defend suits or claims for infringement of copyrights ghts and, shall hold the Owner and Architect harmless from loss on account thereof, but shall not be loss when a particular design, process or product of a particular manufacturer or Contract Documents, or where the copyright violations are contained in Drawings, its prepared by the Owner or Architect, unless the Contractor has reason to believe itted by law and to the extent claims, damages, losses or expenses are not covered é tive Liability insurance purchased by the Contractor in accordance with Section 16.3, 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 attomeys’ fees, arising out of-or resulting from performance of the Work, provided that such claim, damage, loss or experise is attributable to bodily i injury, sickness, disease or death, or to injury to or destruction of tangible property Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a : ‘Subcontractor, anyone directly. 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 wou! ‘otherwise exist as to a ap ye ‘or Person described in this Section 8.13. §8,13.21n claims against any person or entity indemnified under this Section 8.13 by an employee of the Contractor, : contractor, anyone directly or indirectly employed by them or anyone for whose.acts they may be liable, the indemnification obligation ‘under Section 8.13.1-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.9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT § 9.1 The Architect will provide administration of the Contract and will be an Owner’s representative (1) during construction, (2) until final payment is due and (3) with the Owner’s concurrence, from time to time during the one- year period for correction of Work described in Section 17.2. § 9.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor’s operations (1) to become generally familiar with and to keep the Owner informed about the progress and.quality: of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since 7) AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 7 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 possibie under the law. This. document was produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (555527366) these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Section 8.2.1. responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. § 9.4 Based on the Architect’s evaluations of the Work and of the Contractor’s Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. § 9.5 The Architect will have authority to reject Work that does not conform to the Contract Documents. § 9.6 The ‘Architect will réview.and approve or take other appropriate action upon the Contractor’s submittals such »as Shop Drawings, Pro luct 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. ret and decide matters concerning performance under, and requirements of, the ; ten request of either the Owner or Contractor. The Architect will make initial decisions ’ matters in question between the Owner and Contractor but will not be liable for lecisions so rendered in good faith. ; On matters relating to aesthetic effect will be final if consistent with the intent lution of legal or equitable Ptoceedings by on 8§ 9.10.2 If acclaim, dispute or other maiter in question relates to or is the subject of a mechanic’s lien, the party ~sassetting Such matter may proceed in accordance with applicable law to comply with the lien notice or filing for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable 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. AIA Document A107™ ~ 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects, All rights reserved. WARNING: This AIA® Document is Protected by U.S. Copyright Law and international Treaties. Unauthorized 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 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (gr eget applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not a party to the Agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, arid (4) such person or entity is not the Architect or any of the Architect's employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court having jurisdiction thereof. §9.11 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:feputation, and for loss of management or employee productivity or of the services of “.. such persons:-and ~ damages incurtéd by the Contractor for principal office expenses including the compensation of : el stationed there, for losses of financing, business and reputation, and for loss of profit pated profit arising directly from the Work. licablé, without limitation, to all consequential damages due to either party’s termination ‘Nothing contained in this Section 9.11 shall be deemed to preclude an award of applicable, in accordance with the requirements of the Contract Documents. inless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as cticable after award of:the:Contract, shall furnish in writing to the Owner through the Architect the names of the * Subcontractors for-each of the principal portions of the Work. The Contractor shall not contract with any ~Subcontractof'to whom the Owner or Architect has made reasonable and timely objection, If the proposed but ‘rejected Subcontractor was teasOnably. capable of performing the Work, the Contract Sum and Contract Time shall Be incre? 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 _ té.contract withianyone to whom the Contractor has made reasonable objection. 10.3 Contracts between the: Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the k 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 afforded to the Contractor by these Contract Documents. ARTICLE 11, OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS § 11.1 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 bécause of such action by the Owner, the Contractor shall make such claim as provided in Section 9.10. §11.2 The Contractor shail 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. AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects. Allrights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and Internationa! Treaties, Unauthorized reproduction or 9 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 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires'on 6/30/2006, anclis not for resale, EE User Notes: € 5 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 12 CHANGES IN THE WORK § 12.4 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, 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, § 122 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement of the Parties or,in the case of a Construction Change Directive, by the Contractor’s cost of labor, material, equipment, and reasonable overhead and profit. ‘Contract Sum or-exténsion of the Contract Time and not inconsistent with the intent of the Contract Documents. é f y written order and shall be binding on the Owner and Contractor. The Contractor ich written orders promptly. ¢ limits tated in the Contract Documents are of the essence of the Contract. By executing the Agreement tractor confirms that the Contract Time is a reasonable period for performing the Work. date of. Substantial Completion is the date certified by the Architect in accordance with Section 14.4.2. : ) ve §43.3 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 Of any causes beyond the Contractor’s control, or by other causes which the “Architect determines may justify.dela: y, then the Contract Time shall be extended by Change Order for such ‘feasonable time as the Architect iriay ‘determine, subject to the provisions of Section 9.10. ‘: ARTICLE14 PAYMENTS AND-COMPLETION v/ -§ 14.1 APPLICATIONS For. NT. °° § 44.4.4 Payments shall be itiade as provided in Article 4 of this Agreement. Applications for Payment shall be in a form satisfactory to the Architect. § 14.4.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner 0 later than the time ‘of payment. The Contractor further warrants that upon submittal of an Application for § 14.2 CERTIFICATES FOR PAYMENT § 14.2.1 The Architect will, within seven days after receipt of the Contractor’s Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is-properly.due, or notify the Contractor and Owner in writing of the Architect’s reasons for withholding cértification in’ whole or in part as provided in Section 14.2.3, § 14.2.2 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 the Work has progressed to the point indicated and that, to the best of the Architect’s knowledge, information and belief, , 0 the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to 4 { ) AIA Document A107" — 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. / All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 10 , and is not for resale. User Notes: (555527366) 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. § 14.2.3 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 14.2.2 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 14.2.1. The Architect may also withhold a Certificate for [ red evidence, may nullify the whole or a part of a Certificate for may be necessary in the Architect’s opinion to protect the Owner from ‘onitractor is responsible, including loss resulting from acts and omissions described in Section claims filed or reasonable evidence indicating probable filing of such claims unless ty acceptable to the Owner is provided by the Contractor; » failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equ G reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; damage to the Owner or another contractor; 8 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 T- “persistent failure to carry out the Work in accordance with the Contract Documents. 914 4 When the above reasons £6 “previously withheld. - ithholding certification are removed, Certification will be made for amounts § 14:3 PAYMENTS TO THE CONTRACTOR § 14.3.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor’s portion of the Work, the amount to which said Subcontractor is entitled, teflecting percentages actually retained from payments to the Contractor on account of such 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. § 14.3.2 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. § 14.3.3 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. § 14.4 SUBSTANTIAL COMPLETION § 14.4.1 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. 4 AIA Document A107™ — 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AlA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 1 distribution of this AIA® Document, ar 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 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale, User Notes: (555527366) see ee § 14.4.2 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 Tequired 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. Upon the issuance of the Certificate of Substantial Completion, the Architect will submit it to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate. the Contractor has delivered to the Owner a complete release of all “Or receipts in full covering all labor, materials and equipment for which a lien could to the Owner to indemnify the Owner against such lien. If such lien remains "nts ae made, the Contractor shall refund to the Owner all money that the Owner may be lischarging such lien, including costs and reasonable attorneys’ fees. 1¢ making of final payment shall constitute a waiver of claims by the Owner except those arising from: liens, clain 1s, security interests or encumbrances arising out of the Contract and unsettled; failuteofthe Work to comply with the requirements of the Contract Documents; or ‘ed by the Contract Documents. a Subcontractor or material supplier shall constitute a made in writing and identified by that payee as unsettled at AND PROPERTY maintaining and supervising all safety precautions and programs . perk ct. The Contractor shall take reasonable precautions for safety of, -and ‘shall provide Teasoriable protection to prevent damage, injury or loss to: a1 employees ‘on the Work and other persons who may be affected thereby; 2... the Work and materials and equipment to be incorporated therein; and +3 “other property at the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons and Property and their protection from damage, injury or loss. The Contractor shall promptly temedy 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 15.1.2 and 15.1.3, 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 8. 13. AIA Document A107™ — 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 12 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 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (555527366) performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or to bodily injury, tangible property elf);and provid negligence of a | purchase from and maintain in a company or companies lawfully authorized to do which the Project is located insurance for protection from claims under workers’ ployee benefit acts which are applicable, laims for damages, other than to air gainst each other for damages, except such rights as they may have to the Proceeds of such insurance. The Policy shall provide for such waivers of subrogation by endorsement or otherwise. § 16.3.3 The Owner shall not require the Contractor to include the Owner, Architect or other Persons or entities as additional insureds on the Contractor's Liability insurance under Section 16.1. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or 13 (558527366) § 16.4 PROPERTY INSURANCE § 16.4.1 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" } 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 14.5 or until no person or entity other than the Owner has_an insurable interest in the property required by this Section 16.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub- subcontractors in the Project. § 16.4.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain @ provision that the policy will not be canceled or allowed to expire, and that its limits will not il at least 30 days’ prior written notice has been given to the Contractor. factor waive all rights against (1) each other and any of their subcontractors, sub- loyees, each of the other, and (2) the Architect, Architect’s consultants, separate cle 11, if any, and any of their subcontractors, sub-subcontractors, agents and fire or other causes of loss to the extent covered by property insurance obtained ‘property insurance applicable to the Work, except such rights as they have to | by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of iltants, separate contractors described in Article 11, if any, and the subcontractors, employees of any of them, by appropriate agreements, written where legally required ch in favor of other parties enumerated herein. The policies shall provide such rsement or otherwise. A waiver of subrogation shall be effective as to a person or T entity would otherwise have a duty of indemnification, contractual or otherwise, premium directly or indirectly, and whether or not the person or entity had an insurable damaged. § ‘actor’ 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 and coripensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense.” © § 17.2 In addition to the Contractor’s obligations under Section 8.4, 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 14.4.2, 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. § 17.3 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Section 7.3. 4 . j AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. . All rights reserved. WARNING: This AIA® Document is Protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 14 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 iaw. This document was Produced by AIA software at 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: {BERRO 200M § 17.4 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 performance of the Work. § 17.6 The one-year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 17. ARTICLE 18 MISCELLANEOUS PROVISIONS § 18.1 ASSIGNMENT OF CONTRACT Neither party.to the Contract shall assign the Contract without written consent of the other. § 18.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. § 18.3 TESTS AND INSPECTIONS ‘Tests, inspéctions and.approvals of portions of the Work Tequired by the Contract Documents or by laws, ‘Ordinancés, ‘rules, ir orders of public authorities having jurisdiction shall be made at an appropriate time. Unie: rwisej ‘Contractor shall make arrangements for such tests, inspections and approvals with an “it -or entity acceptable to the Owner, or with the appropriate public authority, and shall inspections and approvals. The Contractor shall give the Architect timely notice of d'inspéctions are to be made so that the Architect may be present for such procedures. The tests; inspections or approvals which do not become requirements until after bids are cluded. STATUTORY LIMITATION PERIOD tractor, any applicable statute of limitations shall commence to run and any alleged ‘to have accrued: ater. than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; not later.than the date of issuance of the final Certificate for Payment for acts or failures to act occurring ‘subsequent to, the relevant date of Substantial Completion and prior to the issuance of the final.Certificate for Payment; and “3 not later than the.date’of the relevant act or failure to act by the Contractor for acts or failures to act occitrring. after the date of the final Certificate for Payment. mend payment for a period of 30 days through no fault of the Contractor, or if the Ue make payment thereon for a period of 30 days, the Contractor may, upon seven additional days’ ~ Wweltténr notice. to the Owrier and the Architect, terminate the Contract and recover from the Owner payment for Work executed and’for proven I . respect to materials, equipment, tools, and construction equipment and machinery, including reasonable'ver! ad, profit and damages applicable to the Project. § 19.2 TERMINATION BY THE OWNER § 19.2.1 The Owner may terminate the Contract if the Contractor: 1 persistently or 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, -_ persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or 4 otherwise is guilty of substantial breach of a provision of the Contract Documents. exists to justify such action, may, without prejudice to any other remedy the Owner may have and after giving the § 19.2.2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause Pe 5 15 AIA Document A107™ ~ 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prasecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:47:18 on 09/07/2005 under Order No. 1000186597_1 which expires on 6/30/2006, and is not for resale. ee User Notes: I5RREO § 19.2.3 When the Owner terminates the Contract for one of the Teasons stated in Section 19.2.1, the Contractor shall "not be entitled to receive further Payment until the Work is finished. § 19.2.4 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. ARTICLE 20 “OTHER Cc NDITIONS OR PROVISIONS , Kenneth M. Tumlin, President (Printed name and title) (Af Date [4 a j AIA Document A107™ ~ 1997, Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. ‘ All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 16 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 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: (B55FO7RC0 Additions and Deletions Report for AIA Document A107™- 1997 Thi added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AiA text. PAGE4 AGREEMENT made as of the Seventh day of September in the year Two Thousand and Five Bishop Duncan Investments, LIC Great Southern Contractors, I 807 8: Orlando Ave: Suité R | Winter Bak, FL 32789 Michael Brady 100 Colonial Center Parkway Suite 120 Lake Mary, FL, 32746 Telephone Number: 407-585-0330 Fax Nurber: 407-585-0336 PAGE 2 Date of Commencement will be (14) days after all building permits are issued and the Owner/Contractor agreement fl } are executed. . Additions and Deletions Report for AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects, All rights reserved. WARNING: This AIA? Document is protected by U.S. Copyright Law and international 1 Treaties. Unauthorized 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 16:47:18 on 09/07/2005 under Order User Notes: (Feeentene: § 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 242 days from the date of commencement, or as follows: § 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 $—,-Four Hundred Thirteen Thousand Three Hundred Twelve Dollars & 00 Cents (413,312.00), subject to additions and deletions as provided in the Contract Documents. Delays not caused by contractor Day $683.00 § 4.1.1 Based:upon Applications for Payment submitted to the Architect with a copy to the Owner 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. The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: ubmit:pay application by the 25% of the month with pay by the 10" of the following month. Applications for y ll be reviewed ind approved by the Architect and the Owner. General Contractor shall provide partial alication for payment from previous month payment. Reduce retainage to 5% on next ation for Payment is received by the Architect not later than the 25th day of a month, to the Contractor not later than the 10th day of the next month. If an Application for hitect after the date fixed above, payment shall be made by the Owner not later than ie Architect receives the Application for Payment. Final co Final:Contractor’s Affidavit of Conformance and all closeout documents are received. It is mandatory for *) senant to sign off on punch list that all itmes are completed. Title of Drawings exhibit: PAGES § 8.6.1 Unless otherwise: provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits‘and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. . Permit is to be paid for by owner. PAGE 16 Printed Lie Kenneth M. Tumlin, President {Printed namé and title) a ate -_ ) Additions and Deletions Report for AIA Document A107™ — 1997. Copyright © 1936, 1951, 1958, 1961, 1963, 1966, 1970, 1974, 1978, 1987 and 1997 . by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International 2 Treaties. Unauthorized 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 16:47:18 on 09/07/2005 under Order No.1000186597_1 which expires on 6/30/2006, and is not for resale. User Notes: {(555597286" Certification of Document’s Authenticity ) AIA® Document D401™ - 2003 I, Shelby Lundin, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:47:18 on 09/07/2005 under Order No. 10001 86597_1 from AIA Contract Documents software and that in preparing the attached final document 1 made no changes to the original text of AIA® Document A107™ — 1997 - Abbreviated Standard Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope where the basis of payment is a STIPULATED SUM, as published by the ALA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. } AIA Document D401™ — 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights. reserved. WARNING: This AIA® Document ° is protected by U.S. Copyright Law and International Treaties. Unauthorized Teproduction or distribution of this AIA‘ Socument, or any portion of it, 1 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 16:47:18 on 09/07/2005 under Ordet No.1000186597_1 which expires on 6/30/2006, and is not for resale, User Notes: (555527366) ) oe GREAT SOUTHERN CONTRACTORS es See GENERAL CONTRACTORS Shoppes Of Lee Road Proposal Clarifications 6-09-05 1. This proposal does not include any impact fees, connection fees, permit fees, and underground electric differential electric fees. 3. This proposal is based on the site being accessible to standard construction equipment. We have not included the construction of any temporary roads to gain access to the site. ; 4. The owner is responsible for applying for their power, water and electric service to allow enough time to get these services on site. We will assist the owner in the interface between the utility companies and the site locations of the point of connections. However the application for these utilities can only be done by the owner. 5. This proposal is based on being able to get electric service at the site for temporary power. We do not include any money for a generator if there is no electric power available. 6. This proposal is based on being able to get water service at the site for temporary water. We do not include money in this proposal to truck water onto the site. 7. This proposal does not include the installation of any telephone cabling or equipment. We do include the telephone service conduit to the property line, the telephone termination box and the empty conduits to the tenant spaces. 8. This proposal does not include the installation of any closed circuit TV cabling or equipment. The plans did not call for any. Be 807 South Orlando Avenue, Suite R © Winter Park, FL 32789 * FL Lic. #CBC - 028108 #{(407) 699-9399 » Fax (407) 695-7536 « ‘www. greatsouthern-pc.com ~~ “rs” 9. This proposal does not include the installation of any data cabling or equipment. The plans did not call for any. 10. Once the building is switched over to the permanent power source the power bill is to be paid for by the owner. 11. This proposal does not include well Pointing or any kind of dewatering. We were not given a soils report. 12. This proposal does not include removal of any unsuitable soil material should it be encountered. We were not given a soils report. 13. This proposal does not include any segmented retaining walls or screen walls. We did not see any on the plans. 14. This Proposal does not include any exterior store signage. 15. This Proposal does not include any hurricane shutters for the storefront system 16. This proposal is based on anon impact glass system for the glass storefront system. 17. This proposal includes sf of st Augustine grass. Any additional sod will be added at a cost of $0.32/s.f 18.We have based our bid on fiberglass ductwork. 19. This proposal does not include a temporary construction fence around the entire Property during construction. 20. This proposal does not include quality control testing. 21.This proposal does not include a fire alarm system. 22. This proposal does not include any fire sprinklers in the canopy of the building. The plans did not cali for any. 23. This proposal does not include a fire pump if the fire main pressures are not adequate to Support the fire sprinkler system. 24. This proposal is based on using narrow stile doors. 25. The electrical site light plans for Amscott and Building A conflict. We have based our bid on the Building A site lighting print. 807 South Orlando Avenue, Suite R « Winter Park, FL 32789 * FL Lic. CBC ~ 028108 +4407) 699-9399 » Fax (407) 695-7536 + www. greatsouthem-ge.com 26. Our Proposal includes all Of the site work in the Building A&C number 27.Our Proposal is based Nn providing fire sprinklers in building A only. 28.We do not include the awning work on Amscot. We interpreted the plans as this being Supplied by the owner. 29. This proposal is based on using fiberglass ductwork. 30. This Proposal is based on us being awarded all three buildings. py. soung QyOw 237 40 s3ad0H: SYOLIVYLNOD NaFHLNOS LvzuD sam Gyow 337 40 S3adoHs . NUFHLNOS LVaYD SHOLIVULNOD avou 33750 634doHs NUZHLNOS LvauO r ALUN PH EN — eeeldoid dp peey EERE] syeey wep Sue 909 4 | ° a su : SYOLOVAINOD vow 337 40 SaasoHs NUFHLNOS LyFUO gered en wets inewey GEESE SYOLIVHLNOD N&FHLNOS 1V399 Jeumg Gvou 37740 bagdoys a, Keung pefoly CE — FeNUbald dn peoy EREGEEg ‘OVOU-337 40 S3ddoNS. SYOLIVYLNOD NYSHLINOS LvFuD SYOLIVALNOD Vow 337 40 SagdOHS NYSHLNOS L¥3IuD Holiday Time Not included in contract time Thursday & Friday, November 24" and 25""- Thanksgiving Friday & Monday, December 23 and 26"- Christmas Friday & Monday, December 30" and January 2"-News Years Friday, April 14"- Good Friday Monday, July 4"- Fourth of July Bx wet GREAT SOUTHERN CONTRACTORS || cnutiimtiiiainbin eon ce GENERAL CONTRACTORS Amscot Financial Lee Road CVR A-1 A-2.1 A-2.2 ' 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 05/13/05 03/28/05 05/13/05 03/28/05 03/28/05 | 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 05/13/05 05/13/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 05/13/05 ec” By E1.2 03/28/05 E2.1 03/28/05 E3.1 05/13/05 E4.1 05/13/05 ES1.1 03/28/05 ES1.2 03/28/05 CONSTRUCTION PLANS THE SHOPPES AT LEE ROAD CVR Feb. 2005 Feb. 2005 Feb. 2005 Feb. 2005 Feb. 2005 Feb. 2005 Feb. 2005 Feb. 2005 0 Feb. 2005 1 Feb. 2005 N ae OOn Ou rh w LEE ROAD RETAIL DEVELOPMENT BUILD. A CVR 05/04/05 A-1 05/04/05 A-2 05/04/05 A-3 05/04/05 A-4 05/04/05 A-5 05/04/05 A-6 05/04/05 A-7 05/04/05 A-8 05/04/05 A-9 05/04/05 S-1 03/22/05 $-2 03/22/05 $-3 03/22/05 S-4 03/22/05 MO0.1 04/01/05 $32 BUILDING A P1.1 P2.1 FP1.1 1100 LEE ROAD AMSCOT FINANCIAL CVR A-1 A-2.1 A-2.2 04/01/05 04/01/05 04/01/05 05/13/05 07/14/05 07/14/05 05/13/05 07/14/05 07/14/05 05/13/05 07/14/05 07/14/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 03/28/05 07/14/05 07/14/05 07/14/05 07/14/05 03/28/05 07/14/05 03/28/05 03/28/05 03/28/05 03/28/05 07/14/05 03/28/05 03/28/05 07/14/05 Be 07/14/05 07/14/05 07/14/05 BO M1.1 M2.1 E0.1 E1.4 E1.2 E3.1 E4.1 E5.1 E5.2 ES1.1 ES1.2 P01 SHOPPES AT LEE ROAD BUILDING C CVR A-1 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 _ 04/01/05 04/01/05 04/01/05 04/01/05 05/04/05 05/04/05 05/04/05 05/04/05 05/04/05 05/04/05 05/04/05 05/04/05 05/04/05 03/30/05 03/30/05 03/30/05 03/30/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 04/01/05 Bs 807 Bout Onendo' Avenue, Beller Gasar Sourtann Ger LAT ‘Winter Pest, FL, 32750 Tue ROBBINS PLUMBING, INC. 843 Greens Avenue Winter Park, FL 32789 Phone: (407) 947-9897 Fax: (407) 644-8220 ’ TQ: Great Southern Contractors DATE: — May 18, 2006 807 8. Orlando Avenue RE: Buildings A & C Only Winter Park, FL 32789 . REVISED 07/17/06 CHANGE ORDER #4 THE FOLLOWING CHANGES ARE MADE TO OUR CONTRACT 58) Install 2” PVC Water Main & Connect to Each Unit $ 1,620.00 NET COST OF CHANGES $_1,620.00 | | CHANGE IN CONTRACT TIME WILL BE INCREASE / DECREASE 0 DAYS ALL TERMS AND CONDITIONS APPLICABLE TO THE ORIDINAL CONTRACT REMAIN. UNCHANGED AND APPLY TO ANY CHANGE ORDERS. THIS CHANGE ORDER INCLUDES ALL EXTRAS TO DATE. ANY OTHER EXTRAS MUST BE AUTHORIZED IN WRITING BY TITLE: VP. DATE: 07/17/06 ROBBINS PLUMBING, INC. ACCEPTED: TITLE: DATE: Ss » 98/18/2006 17:19 FAX 6076448220 ROBBINS PLUMBING | Qooz Gr, ROBBINS PLUMBING, INC. 843 Greens Aveaus ss Ses Winter Park, FL 32789 (447 * Phons:. (407) 947-9897 _—— Fax: (407) 644-8220 TO: Great Houthan Gontmect DATE: © May 18, 2006 RE: Buildings A & C— Lee Road . CHANGE ORDER #4 OWING CHANGES ARE MADB TO OUR CONTRACT 24) P \ Water Main & Connect to Bach Unit $ 7,200.00 NET COST OF CHANGES: §_7.200.00 TIMB WILL BE INCREASE / DECKBASE 0 DAYS TO THE ORIDINAL CONTRACT REMAIN : ORDERS. THIS CHANGE ORDER INCLUDES _ MUST BE AUTHORIZED IN WRITING BY TB: _VE DATE: 05/18/06 DATE: ON APPL . ION AND CERTIFICATE FOR PAYML... SUBMITTED To: Bishop Duncan Investments, LLC PROJECT: Shoppes of Lee Road APPLICATION NO: 09 1321 Edgewater Drive Orlando, FL 32804 APPLICATION DATE: 6/25/06 FROM: Great Southern Contractors 807 South Orlando Avenue, Suite R Winter Park, FL 32789 CONTRACT FOR: General Construction PERIOD TO: 6/30/06 ARCHITECT: Michael Brady ; PROJECT NO: 55013 100 Colonial Center Parkway, Suite 230. ‘ CONTRACT DATE: Lake Mary, Fl. 32746 INVOICE NO: 09 ARCH PROJ NO: the best of the Contractor's knowledge, ORIGINAL CONTRACT SUM.............. sesetntctststtuetetetne $___1,970,491.00 information and belief the Work Covered by this Application For Payment has been completed in accordance with the Contract Documents, that all amounts have been paid NET CHANGE BY CHANGE ORDERS (See Attached CO List by the Contractor for Work for which previous Certificates for P; $ 127,015.00 Payments received from Owner, and that current payment shown herein s nowy due. an CONTRACT SUM TO DATE : $ ___2,097,506.00_ TOTAL COMPLETED AND STORED TODATE $___1,629,037.25 WAIVER & RELEASE OF LIEN RETAINAGE: ne above project nee aqreomentaan sae aber, SeMees materials, OF equipment for 12% OF COMPLETED WORK $___ 159,953.73 The Undersigned does hereby waive and release all bond ciaims, liens, claims, or right of 10_% oF sToReD MATERIAL § ——2,950.00_ Facet ws 9 mayne SEAN BORG Ow mF worn penny $ 162,903.73 —__162,903.73_ i eseeteeuseeceenecnseeetntcaseetases $ __1,466,133.52 : . . . TOTAL EARNED LESS RETAINAGE , together with any. previous payment(s) already received but excluding any — 9.92 E or equipment provided after the application period Y PURCHASE ORDER $ 0.00 date stated above. The undersigned agrees that in exchange for receipt of the above amount “ESS OWNER DIRECT PAYMENT ® for labor, Services, materials, or equipment as described herein, he does hereby grant this LESS PREVIOUS CERTIFICATES FOR PAYMENT ............... $ 1,294, 546.72 felease unconditionally. : : CURRENT PAYMENT DUE oo. ccscccsceuntusunmec cc, $ 171,586.80 BALANCE TO FINISH INCLUDING RETAINAGE 3 631,372.48 The person Signing below does hereby certify that he/she is fully authorized and empowered to execute this instrument and to bind the Undersigned hereto, and does in fact $0 execute this instrument. State of: FL JOY'L RAGLAND , Commit DD0553638 Es Expires 6/16/2010 oF Florida Notary Assn Inc weees Resnccnncccevevcasncsacscannesoceecsnacenese: County of: Orange Great Southern Contractors Subscribed and swom to before ; me this Monday, June 26, 2006 . Signed: Name,Title__ Kenneth M. Tumi NOTARY eal y/ fl Dated: June 26, 2006 Explr / /G — ne 26,2006 My Commission SUBM. 2M: Great Southern Contractors wt 807 South Orlando Avenue, Suite R Winter Park, FL 32789 MINAL UU — IN PROJECT: S, N*SAG | PAGE 2.1 .t Lee Road CONTRACT FOR: General Construction CONTRACTOR'S PROJECT NO: 55013 — OF: APPLICATION NUMBER: _ 09 APPLICATION DATE: _ 6/25/06 Sao PAGENO:___2.1 ARCHITECT'S PROJECT NO: PERIOD FROM: __6/1/06 to; 6/30/06 A 8 il c il D a 6 [ H | ITEM | DESCRIPTION OF WORK SCHEDULED WORK COMPLETED TOTAL COMPLETE BALANCE RETAINAGE NO. VALUE ______ THIS APPLICATI AND STORED % TO FINISH PREVIOUS STORED TO DATE GiC (C-G) iZ iz APPLICATIONS | WORKIN PLACE MATERIALS {D+E+F) 01 | Mobilization 6,000.00 6,000.00 0.00 0.00 6,000.00 100% 0.00 600.00 02} Supervision . 21,784.00 20,125.00 20,125.00| 92% 1,659.00 2,012.50 03 | General Conditions 24,346.00 17,043.00 2,434.00 19,477.00] 80% 4,869.00 1,947.70 04 | Earthwork 147,616.00 147,616.00 147,616.00] 100% 0.00 14,761.60 05 | Storm, Sanitary & Water 117,575.00 110,411.25 110,411.25} 94% 7,163.75 11,041.13 06 | Fireline 20,775.00 18,697.50 18,697.50) 90% 2,077.50 1,869.75 07 | Paving 160,800.00 0.00 0.00! 0% 160,800.00 0.00 08 | Landscaping 58,000.00 5,096.00 5,096.00] 9% 52,904.00 509.60 09] Fencing 3,348.00 0.00; 0.00/ 0% 3,348.00 0.00 10] Concrete 139,000.00 139,000.00 139,000.00] 100% 0.00 13,900.00 11] Masonry 88,500.00 88,500.00 88,500.00] 100% 0.00 8,850.00 12| Structural Steel 191,000.00 191,000.00 191,000.00} 100% 0.00 19,100.00 13 | Wood Package 9,700.00 9,699.50 9,699.50] 100% 0.50 969.95 14| Rough Carpentry 8,640.00 8,640.00 8,640.00] 100% 0.00 864.00 15 | Roofing 136,200.00 90,186.00 36,014.00 126,200.00} 93% 10,000.00 12,620.00 16 | Waterproofing 5,508.00 0.00 0.00; 0% 5,508.00 0.00 17) HM Doors & Frames 13,117.00 2,550.00 2,550.00] 19% 10,567.00 255.00 18| Glass & Glazing 95,000.00 25,000.00 10,567.00 |. 29,500.00 65,067.00} 68% 29,933.00 6,506.70 19| Stucco 72,021.00 0.00 72,021.00 72,021.00] 100% 0.00 7,202.10 20 | Drywall 203,127.00 172,658.00 172,658.00} 85% 30,469.00 17,265.80 21 | Acoustical Ceilings 21,600.00 0.00 0.00] 0% 21,600.00 0.00 22] VCT Flooring 2,653.00 0.00 0.00} 0% 2,653.00 0.00 23] Painting 16,278.00 0.00 0.00} 0% 16,278.00 0.00 24 | Misc. Specialties 3,765.00 0.00 0.00; 0% 3,765.00 0.00 25 | Awnings 11,081.00 0.00 0.00! 0% 11,081.00 0.00 26) HVAC 88,452.00 73,440.00 73,440.00} 83% 15,012.00 7,344.00 27 | Plumbing 14,900.00 9,950.00 9,950.00] 67% 4,950.00 995.00 28} Fire Protection 17,849.00 17,849.00 17,849.00] 100% 0.00 1,784.90 29 | Electrical 271,856.00 196,802.00 26,120.00 222,922.00) 82% 48,934.00 22,292.20 0.00 0.00 ? 0.00 0.00 0.00 0.00 ? 0.00 0.00 0.00 0.00 ? 0.00 0.00 i 0.00 0.00 ? 0.00 0.00 Contract Page 2.1 Totals} $1,970,491.00 $1,350,263.25 $147,156.00 $29,500.00} $1,526,919.25| 77% $443,571.75] $152,691.93 SUBM:: _ CONTRACT FOR: General Construction OT ot 02 03) 04! 06 17 19 20 05! 18 i inst. 4 roof drains, COR 22 : Page 3. 1 Change Order Totals ee 3M: Great Southern Contractors 807 South Orlando Avenue, Suite R Winter Park, FL 32789 B DESCRIPTION OF WORK ‘Additional Permit Fees | Add silt fence per bldg inspector | i | Silt fence, mve dirt @ Shader Leveling of dirt on Shader Rd. | Stained block to split face, | Drywall price increase; COR 11 | Dewatering, COR 12 Additional Dewatering, COR 19 | i Water Fountains, COR 15 | insulation, COR 20 install Grease Line, COR 14 Upgraded light fixtures, COR 17 Fab & inst. 13 awnings, COR 18 Inst 2” pvc water main, COR 21 Glass change, COR 23 Add'l deck, COR 13 Change Order Grand Totals Original Contract Totals ij Project Grand Totals ! Vo i VOANGE UIE XS PAGE 3.1 PROJECT: Si. yp of Lee Road PAGE NO: 3.1 =o OF - APPLICATION NUMBER: __09 CONTRACTOR'S PROJECT NO: 55013 APPLICATION DATE: _ 6/25/06 ay ARCHITECT'S PROJECT NO: PERIOD FROM: __6/1/06_To:__ 6/30/06 ee ee a eS oi. 4 | 1 (CHEDULED | ~ WORK COMPLETED — \TOTAL COMPLETE |” BALANCE RETAINAGE | VALUE THIS APPLICATION “| AND STORED % | TOFINISH | | PREVIOUS po {"" STORED” | TO DATE GIC ; (C-G) | aoa APPLICATIONS | WORKINPLACE | MATERIALS | (D4E*F) | "495.00! ‘500, 0.00; 0.00) 495.00] 100% | 0.00 19.50: 4,174.00) 4,174.00; 4,174.00! 100% | 0.00! 417.40: 0.00; : : 0.00, 7? 0.00! 0.00: 0.00 | 0.007! 0.00 0.00: 23,113.00 23,113.00; i ; 23,113.00] 100% | 0.00] 2,311.30: 2,244.00) 2,244.00; : ! 2,244.00) 100% | 0.00! 224.40; 0.00 : ; 0.00] 7! 0.00; 0.00 12,887.00 12,887.00 12,887.00; 100% | 0.00 1,288.70: 5,665.00 5,665.00 5,685.00| 100% | 0.00; 566.50! 20,845.00 20,845.00; i i 20,845.00 | 100% | 0.00 2,084.50: 13,899.00 13,899.00 ; | 13,899.00! 100% 0.00 1,389.90! 11,444.00 5,100.00 1 5,100.00] 45% 6,344.00 510.00: 12,279.00 0.00}. ' 0.00! 0%| 12,279.00! 0.00! 729.00 0.00 | 0.00} 0%/ 729.00 | 0.00, 4,981.00 0.00 1 0.00} 0%; 4,981.00 0.00! 6,564.00 0.00 | 0.00] 0% 6,564.00 0.00: 6,059.00 0.00 6,059.00! 6,059.00} 100% | 0.00} 605.90 | 2,160.00 0.00 2,160.00 2,160.00} 100% 0.00 216.00; -3,000.00 0.00 3,000.00! 3,000.00} -100' -6,000.00 300.00 | 2,777.00 0.00 2,777.00 2,777.00| 100% 0.00 | 277.70 ' 0.00 0.00 2; 0.00! 0.00; 0.00 0.00} 7? 0.00 0.00! 0.00 0.00, 2 0.00 0.00: 0.00) 0.00; 2; 0.00 0.00: ! 0.00 i i 0.00 ? 0.00} 0.00/ | : 0.00 0.00 ? 0.00 0.00; 0.00! | 0.00| | 0.00: 0.00 : 0.00] i 0.00! ? 0.00) 0.00! 0.00 0.00 2 0.00! 0.00: - ee ee. at ee _ H i i _ $127,015.00 - $88, 122.00 $13,996.00! | _ $102,118.00] 80% | $24,897.00, $10,211.80. ne nena Uae aon , | i $127,018.00 $88,122.00] $13,996.00 ' $102,118.00; 80% $24,897.00, $10,211.80 | t : i . 1,970,491.00! 4,350,263.25 147,156.00! 29,500.00; 1,526,919.25! 77% ; 443,571.75! 152,691.93 eee a nn eee wee ee aoe i ' . . $2,097 506. 001 $1,438 385.25" $161,152.00: $29,500.00: $1,629,037.25! 78% ' $468,468.75, $162,903.73 WAIVEK AND RELEASE OF LIEN | FROM: Kenneth M. Tumiin To: Great Southern Contractors Bishop Duncan Investments, LLC 807 South Orlando Avenue, Suite R 1321 Edgewater Drive Winter Park, FL 32789 Orlando, FL 32804 CONTRACT DATE: PROJECT NO.: 55013 PROJECT: Shoppes of Lee Road WHEREAS THE UNDERSIGNED contractor has provided labor,services, materials, or equipment for the © above project, under an agreement with: Bishop Duncan Investments, LLC PARTIAL WAIVER AND RELEASE: In consideration of partial payment for labor, services, materials, or equipment provided in the amount of: $171,586.80 : COVERING THE FOLLOWING APPLICATION FOR PAYMENT: Application No,: 09 Application Date: 6/25/06 ; Together with any previous payment(s) already received but excluding any retainage or any labor, services, ' materials, or equipment provided after the date of: 6/30/06 THE UNDERSIGNED DOES HEREBY WAIVE AND RELEASE all bond claims, liens, claims, or right of claim, or right of lien, statutory or otherwise, against the property, project, Owner, or any other person or entity who is or may be claimed to be liable, or any sureties, for labor, services, materials, or equipment, as provided by the Undersigned, but only to the extent of payment received, as indicated above. UNCONDITIONAL RELEASE: Upon receipt of payments as indicated above the undersigned will grant this release unconditionally. ‘ ] State of: FL County of: Orange Subscribed And Sworn To Before Me This June 26, 2006 THE PERSON SIGNING below does hereby certify that he/she is full authorized and empowered to execute this instrument and to bind the Undersigned hereto, and does in fact so execute this instrument. Great Southern Contractors 807 South Orlando Avenue, Suite R Winter Park, FL_32789 Notary Public: My Commission Expires: OTC DRAGLAND Comm# 000553638 gum i & Expires 6/16/2010 H en Florida Notary Assn inc peer eucenee. aesreezen apnecaapsusouseascaeses Kenneth M. Tumlin 6/26/06 ® = ZF RIVE Ky Current Date: September 17, 20°~ } gisHoP OF UNA ENE uc : 5148 i 5 me Zire a] FAY. ro , A Bio (oMad Stir fon cute! $ 171,560.52 A i SIO IEHUSD WIAYNAS jeag Ajug ysodeg 104 oe Our Suu UHieiIUY AvOliUS, eM TN Grear SourHERN : . Winter Park, FL. 32788 Phone): 407-698-8399 CONTRACTORS S Pen 407-685-7536 { GENERAL CONTRACTORS CBC - 028108 _ CHANGE ORDER / PROPOSAL ( QUOTATION PROJECT: ShoppesofLesRoad SS , PROJECT NO,: 55013 lauore No.: 31 DATE QUOTED: 07/16/06 DAYS ALLOWED — poe oe FOR APPROVAL: Le ee eee — oo “To: John Thomas Bishop Duncan Investments, LLC EXPIRATION DATE: 07/16/06 1321 Edgewater Drive : ADDITIONAL BAYS Orlando, FL 32804 POR COMPLETION OF (Phone) 321-257-0913 (Fax) 407-804-1222 tt ‘THE CONTRACT: ' DESCRIPTION: — i —— in| install 6" Sewer Main for Bulliding C and Amscat Including Connection SUB / VENDOR WORK DESCRIPTION C— aSecien See Civils 7oFi/, Skouln earl vecp f Lateqal Co A OVE se \ad> Coe Dora Lane ROBBINS PLUMBING, INC. 843 Greens Avenue Winter Park, FL. 32789 Phone: (407) 947-9897 Fax: (407) 644-8220 TO: Great Sonthem Contractors DATE: July 6, 2006 807 S. Oriindo Avenue RE; Buildings A & C - Lee Road Winter Park, FL 32789 CHANGE ORDER # 8 THE FOLLOWING CHANGES.ARE MADE TO OUR CONTRACT L. Install 6” Sewer Main for Building “C” and Amscot, Including Connection * No De- Watering Included NET COST OF CHANGES $-4:800:00 | CHANGE IN CON TRACT TIME WILL BE INCREASE / DECREASE 0 DAYS ° ALL TERMS AN) CONDITIONS APPLICABLE TO THE ORIDINAL CONTRACT REMAIN UNCHANGED AND APPLY TO ANY CHANGE ORDERS, THIS CHANGE ORDER INCLUDES ALL EXTRAS TX) DATE, ANY OTHER EXTRAS MUST BE AUTHORIZED IN WRITING BY ROBBINS PLUMI sei : TITLE: _VP. DATE: 07/06/06 Lage PI. UMBING, INC, ACCEPTED: __ TITLE: DATE: ROBBINS PLUMBING, INC, 843 Greens Avenue Winter Park, FL 32789 Phone: (407) 947-9897 Fax: (407) 644-8220 TQ: Great/Southen: Contractors ‘ DATE: Tully 6; O06 207 S Orlandé Avenue - RE: A & C— Lee Road Winter Park, 032789 CHANGE ORDER #8 - ‘THE FOLLOWING CHANGES ARB MADE TO OUR CONTR Intl | Sower Main for Building “C” a Amsco, dike Connection srvend Watering Included NET COST OF CHA NOE g eines ‘TIME WILL BE INCREASE / DECREASE 0 DAYS a. ll IONS APPLICABLE TO THE ORIDINAL CONTA REMAIN TO ANY CHANGE ORDERS, THIS. CHANGE ORDER INCLUDES ANY OTHER EXTRAS MUST BE AUTHORIZED IN WRITING BY Se: No ‘TWLE VP, DATE: 7/06/06 ree Bs ere rs ES) fad oo es a ACCEPTED: TITLE: «DATE: 807 South Orlando Avenue, Sults R wnse! POUTHERN Winter Park, FL 32789 . (Phone) 407-699-399 Conrracrors . (Fax) 407-895-7535 CBC - 028105" GENERAL CONTRACTORS Pe S———— sre anna! . 8 tonya. ES EEE 1 ee “PROJECT: Shoppes of of Lee Road PROJECT NO: 55013 UOTE NO.: 36 DATE QUOTED: 08/08/06 DAYS ALLOWED St ee es, SE FOR APPROVAL: TO: John Thor Thomas Bishop Duncan tnvestments, LLC EXPIRATION DATE: 08/08/06 1321 Edgewater Drive t ADDITIONAL Days Onando, FL 32804 | FOR COMPLETION oF | THE CONTRACT: 0 ——————————— = [suecowTmAactons/veN (VENDORS ‘SUB / VENDOR WORK DESCRIPTION . SSS Seen Seatteee SS: . REAT SOUTHERN i CONTRACTORS 7 tl) TECH DRIVE, SANFORD, FL 3277+ Fie Sprinklers, inc. (407) 328-3000 FAX (407) 328-3001 Bf! / Je Aupust 8, 2006 ( fk, OD Stephanie Clodfelter (} ; i Z ’ . } o Great Southem Contractors ¢ a Phone: (407) 690 $388 Fax: (407) 695 7538 / a (ae YO RE: SHOPPES AT LEE ROAD RETAIL BUILDING A fo ORLANDO, FLORIDA DELTA CHANGE ORDER NO. 06.0077.ANI L/ 5 7 VY oD . / i Please accept our change order request for the aforementioned job. Work order description & price: Change (22) exieting pendent sprinklers to uprights on end sultes to accomdate new ceiling arohitectural changes. . ADD.......-. $3,040.00 Please tex to our office your acceptance of this change order along with any standard paperwork you utilize for processing. Adi Vice President ene Signature Printed Name Tn Date Title Della Fire Sprinklers Change order 06-0072.AM Cornmercial « Residential » Induatrial Design + Fabrication » Inatallation » Maintenance * Inspection ae an 1 328-3000 Fax; (407) RE: SHOPPES AT LEE ROAD RETAIL BUILDING A ORLANDO, FLORIDA DELTA CHANGE ORDER NO. 08-0077.AM prease eocept our chenge ord recyest forthe aforementanad fb, Work order description & price: WH Teck DRIVE, SANFORD, FL 32771 FAX (aor) 328-2001 Change (82) existing pendent sprinklers to uprights on and suites te aocomdate naw calling aronttectural changes. ADD, .asere ee $ 3,840.00 vom trocar ow yr seta of ia cane oe son ih any sarod paper YO utilize for Ri f Delta Fre ‘Adam Vide Preskient Signature. Printed Name Date . Tite Data Fire Sprinklers Change order 06-0072.AM Commercial © Residential » Industrial Design « Fabrication « Installation © Maintenance * Inapection. gD cf) - eee real Conrracrors GENERAL CONTRACTORS wr ouuut UHando Avenue, Suite R Winter Park, FL 32789 (Phone) 407-699-9399 (Fax) 407-695-7536 CBC - 028108 PROJECT: Shoppes oft Lee Road QUOTE NO,: 46 DATE QUOTED: 10/3 1708 { | TO; John Thomas Cresent Resources 300 Primera Bivd., Suite 140 eran | { 1 Tmt oT ott J os EXPIRATION. DATE: 10/31/06 \ ADDITIONAL DAYS Lake Mary, FL 32746 FOR COMPLETION OF L____(Phone) 407.804. 1200 00 (Fax) )_ 407-804-1222 i amare een eraeen ameter PROJECT NO.: 55013 DAYS ALLOWED FOR APPROVAL: THE CONTRACT: DESCRIPTION: ' Make the sanitary repairs for the incorrect elevations, | SUBCONTRACTORS j VENDORS = | SUBTOTAL: |! FEE Pr PERCENT: aut 10% | $16,073) $1,607 "847,680 INSUR, &BOND:) i 24 $354 | 4 — | TOTAL} REQUEST AMOUNT: C&C SITE DEVELOPMENT, INC. 680 North State Road 415 Osteen, Florida 32765 (407)688-2657 FAX (407)688-2658 CHANGE ORDER REQUEST To: Great Southern Contractors Date: . 10/31/2006 Attention: Stephanie Clodfelter JOB NAME AND LOCATION: Shoppes @ Lee Rd. hereby agree to make the following changes’ SANITARY LINE REPAIRS 104 LF - remove/reptace 8" SDR35 (between tie in & Manhole #1 1 BA - Backhoe (2) days 1 EA - Utility crew (2) days $ 6,624.00 Repair sewer line between manhole #1 & #2 1 BA - backhoe (1) day 2 BA - Utility crew (1) day $ 3,060.00 Remove/replace 53 LF sanitary line between manholes #2 & #3 1 BA Backhoe (1) day 2 EA - Utility crew (1) day $ 3,329.00 Repatr sanitary line between manholes #2 & #4 1 BA - Backhoe (1) day 2 BA - Utility crew (1) day $ 3,060.00. TOTAL CHANGE ORDER 16,073.00 aan SUBMITTED BY: ACCEPTED BY: Al Courter , President Great Southem Contractors ; C & C SITE DEVELOPMENT, INC. “ 680 North State Road 415 Osteen, Florida 32765 (407)688-2657 FAX (407)688-2658 CHANGE ORDER REQUEST To: Great Southern Contractors Date: 10/24/2006 Attention: Stephanie Clodfelter C & C SITE DEVELOPMENT, INC. La lw JOB NAME AND LOCATION: Shoppes @ Lee Rd. We hereby agree to make the following changes: SANITARY LINE REPAIRS 104 LF» remove/replace 8" SDR3’ (between tle in & Manhole #1 “s LEA - Backhoe (2) days 1 EA - Utility crew (2) cays $ 5,424.32 Repair sewer line between manho} : 41 & #2 ‘ 1 EA - backhoe (1) day 1 EA - Utility crew (1) day $ 1,760.00 Remiove/replace §3 1 sanitary betwer wholes #2 & #3 1 BA ~ Backhoe (1) 1 EA - Utility crew. 1) day $ 2,029.24 — Repair sanitary tine between m: 19g #2. 1 EA ~ Backhoe (1) day 1 BA - Utility erew (1) day $ ‘1,760.00 WATER LINE REPAIRS , . (5) days pressir= testing@$} 2.08 pers! $3 6,960.00 Repair leak 41 2 EA - 8" Gate valves 1 BA - Utility crew (1) d> $ 3,568.00 Install new fire hydran! 1 BA - ire hydrant 1 EA - Backhoe (2) days 1 EA - Utility crew (2) days $ 3,708.00 Repair leak #2 @ PIV 1 BA - Backhoe (1) day | EA» Utility crew (1) day § 1,504.00 TOTAL CHANGE ORDTR 28 "13,56 SUBMITTED BY: ACCHRTED BY: Al Courier , President Great Southern Contractors “—" C&C SITE DEVELOPMENT, INC, Lt} T7770 POND 4 F428 oo 4078041222 12:01am = From i -SUBMIFTED TO: Bishop Duncan investments, LLG. PROJECT: Shoppes of Lee Road ment APPLIGATION MD: 45 : igawater “ Oriando, FL aob0e APPLICATION DATE: 42/31/08 . ; PEMUL IC jontne FROM: Great Scuteem Contractors ARENITECT: Michel Grea. PROJECT NO: 4 807 South Orlando Avenue, Suite R 100 Colonial Center Parkway, Suite 230 CONTRACT DATE: mt Winter Pash, FL. 32789 ; Lake Mary, FL 32746. nACT DATE: CONTRACT FOR: General Construction ARCH PROUNO: : : INVOICE No: 45, ORIGINAL CONTRACT a 970,491.00 acy, us Application For Paysaent has bean completed : 7 : ; in accordance with tha Contract Cecum é NET CHANGE BY CHANGE ORDERS SaeAllachetcotisn 5 196,697.40 Cantificates for Payment ware lasued and Payments received froma Qumer, and that current payment shown harain ig new due. CONTRACT SUM TO DATE omeermitirnnsmnninaimenmnan $ __ 24G8,588.00 : : TOTAL COMPLETED AND STORED To DATE cwimeuimene $+ 2,162.235.50 WAIVER & RELEASE OF LIEN __ --—... .. _.., [RETAINAGE: ee ee ee ~ sahove rat an sae EB re iy eet OFCOMPLETED WORK $__atmoosas | cece rane cicams sermons ¢ a res sri rata in aoe ero ie eee” rontmecuesionae nt ees ! Tecelved, as Indicated hersin, together with ony previous paymeni(s} airaady received but Teeeremtanereneonenearntan “— . : applcalon een age oF ty bor, “he undaragnod agregar emo re pt “ESS OWNER OIRECT PAYMENT BY PURCHASE ORDER — § —____ 0.00 does take grants retinas nea or equipment as described herein, he LESS PREVIOUS CERTIFICATES FoR PAYMERF ceicccsson 820 . . CURRENT PAYMENT Bue Tha parson signing below doag hereby certify that halshe Is fully authorized and empowered tg Sxecixe this instrument and to bind the Undersigned hereto, and does in fact so execule Ihis nsirument, Nama,Tite: Kennalh b. Turntin Senouy iene Foy CUT QT¢FT aru CHANGE ORDERS PAGE 3:4 * SUBAUTTED FROM: Great Southem Contactors PACENO! a4 = PROJECT: Shoppes afies Road Od 807 South Ovfando Avenue, Sule R . APPLICATION NUMBER: 15 & . Winter Park, FL 32789 CONTRACTORS PROJECT NO: 55013 APPLICATION DATE: _12/4/08 a. GONTRACT For: Genarai Construction . ARCHITECT'S PROJECT No: , PEFEGM view. Faria _, toa : . : TTT et ets ese ieee Tur ira Aute as fsa. {oats a ; oe = | zari ESCH HUN GE WORK | . . TOTAL coMpLERE, —~ -—-— — 3 | NO, i SC EDULE ° |- ~ ; 1 ME SIORED % | - . 4d “= STORED Tt TOBATE ac | = | | jar msc MATERIALS | Des) = r 01) Additional Parmit Fees j Taaal , - 0.00 ao0 - 195.00) 100% ~ Fa Add silt fence per bldg Ins ; 4,174.00 4,174.00! . | 4,174.00! iga%! | 03. Plans Show 3 42° drains ' 70700; - 307, | 707.90| 700% 84 | Sanitary Sewer & Water 7,708.00 708.001 . 7,708.00] 100% 95 | Silt fenca, mve dist @ Shader 23,113.00, -23.413.09 i 23,113.00 100% | 06) Laveling of dirt on Shader Red. aztsae| 2,244.00 | ! 2,244.00} 100%? s: o7| | 7 860 1 aor =? > | 08) Chagd block to spit lace, COR 12.887 00} 2887; qe Le. 42,887.00) 200% —.-—-. = — |—00 Drywall pries increase; COR 41}—-- ~~ 5,688.00f ~*~ 5,866.04| a : 5,465.00] 100%, Sj tol Dewatering, coR 12 | 20,845.00) 20,846.00 | 20,845,06' 100% | | MyAdditona avatering, COR 19, tsagps. ao T3E00.09 ‘300.0 100% 12} Water Fountains, COR 15 | 14,444.00! 11,444.00 | 11,444.00} 400% 13! Insulation, -COR 20 | 42279, 12,279.00 | 1 22270.00; 10034! | 14) Install Grease Line, COR 14 72040 729.09) . 720.00 1o0%j ; 15] Upgraded light fixtures, COR + 4,981.00 4,881.00 : 4.981.00' 400% 16! Fab & Inst. 13 ewnings, COR 4 6,564.00 6584.0 | i 8,564.CO| 190% 17 (Inst 2* pve water main, Sona - 6,059.00 606009 { 8,059.99] 1c0% ; ihn fooF draine, COR 22 2,180.00; 2,286.00 | 2,760.00; 100% ; | 191¥OID COR 23 - 0.00 7a | oo ? 20] Add! deck, CoR 13 2,777.00 2,777.00 i - j 2,777.00| 100% ; —-2tlagd column Chases, COR 30 3,142.00: 3,142.09. | | 3,142.00] 400% '- 22)}Chg 32 Sprinkler Heads, COR 4,224.00 4.224.900 4,224.00) 100%, 23] Thustco Sank, COR 16 12,502.00] 12. 502.09 42, 100% 24} Light gaune team, COR 44 11,079; 14,073.00 | 2007] 100%. 25{Liltle Cagsars, GOR 43 ! 20,507.00) 20,507.00 I 20,507.00} 100% 5 26) Adet drywall 2 units, GOR 36 j 5,722.00 5,722.00 5,722.00; 100% . = 27) Fix Sawat @ Pointof | 9,017.00, 9,017.00, | | 9,017.00) 100%, : 28] Awning for Trustee Bank 6.04.9 ara 5,864.00 8,884.00) 100%] 0] = 20; Change arder for exp baad 4 9,840.09 9,849.¢0} 9,649.09! 100% caol Oa, if | Page 3.4 Change Order Tota i $223,130.0 $217,266.00) #5.54.00), . $0.00) $222,120.09] to0%| $0.60) $21,348.10] | ; Change Crier Grand Totate $196,097.00 RITA Tea an stoners Tit. teers coe vita PEt SA, 105 : : OE TE CSTE cag NACE MEe.OU} 40,008.00} 0.00! 4967.442.501 toom: 3348,50' 198,744.05" 3 i t Project Grand otal $2,166,588.00'” $2,163 208.50! $88,327.09; $0.00) $2,762,23650 tn0% ¥4,362.50; = 1 —_— = Te — ae eet —~- =: -— . $219,062.35) aro CHANGE ORDERS PAGE 3.2. : PAGENO: 32 OF 4 * SUBMITTED FROn: Great Southern Contactors PROJECT: Shoppes of Leg Read ~———— , 807 South Onande Avanua, Suite R APPLICATION NUMBER: 16 2 Winter Park, Fi. 32789 CONTRACTOR'S PROJECT No: ssota _ APPUICATIONDATE: 1281108 z CONTRACT FOR: General Construction ARCHITECTS PROJECT No: ERI eREE. is aa, ~ ts T ~~ ee _ - on : BS fe i. Speer eee a Ss) i 2 ie ; SESCRIFTiGn Ur WORK | = | te | a 5 4078041222 sooa.ce! a0%| sg apf 0.00} J 4280.00} 3,250.00 400%". 2.00 0.00 1,827.60! @.00- 4,827.00 i 1,627.00] 400%; 0.00; 0.09 | 0.00} : | i 0.00! —9| 0.00 ool | 0.00 i 000} 2 0.00: 0.00 | : | ” 0.00, | Ono; =? 0.06 0.00) oso | B00; 2 0.00 8.00 | | oo! ooal 2 6.00 0.00 0.08 : aco! > 0.00 a | | ozo] | 0.00; 9° ogo 0.09) j - 0.00. ' | 0.00| 3 2.0| 0.09. | 0.00} o00 9} 9.00 0.09] | | - 0.00 0.00} 2. 6.00} 0.00 ; 0.00" | @.00 | 0.00 0.00) | | 0.ca} | . G00, 7 0.00; 2.00 : | | 0.00 ocol 2 0.00 0.00 . : O.08- | o.09° ? ~ Qe0 a. | 0.00 ao) 7! 0.00 0.00 | | 0.00 : so 0.00} 2 o.o| 0.00 0.000 ‘ | 000° 7 0.00' ODO, | | 0.00 | : : 8.00; 2° 0.06 a.oo| : | 6.¢0 | ooo}? 6.00! 200 bj occ! | 6.00! ? &.00 0.60) = | | ; | | 0.00 | 2 6.00 9.00 : j ; 0.00 ; . 0.00 A ; 0.00! ane. 5 | I 6.00 t . 2.00, 7! 0.90 O00] - a! | Page 3.2 Change Ordor Tet ~$27.033.00/ $40,500.00 543 $0.00) ‘St.0%7 09 | 104%] $1,004.00 $0.00 . | Ghange Onter Grand Totate $198.097.90, $17A7aR an Manezen See ti Deter £5 1,990.74) 7 EET petas ene 42,000.00 0.00" 1,967,142.50] 100%) 3,348.60° 196,714.25, 3 3 Project Grand Totalal §2.166,588.00 32,103,906.50 $68,327.00 50.00 $2,162,295.60, 100% $4352.50] S2tagensel I-e00 PAOOB/OG Rg ERO ee ee SSS ne FROIA: Kenneth M, Tumiin To: Great Southern Contractors . ’ Bishop Duncan Investments, LLC f 807 South Orlando Avenue, Suite R 1321 Edgewater Drive I [ Winter Park, FL aa7e9 "| Orfando, FL az804 4 » ft PROJECT NO.: 65013 CONTRACT DATE: PROJECT: Shoppes of Lee Road WHERIAS THE UNDERSIGNED rontractor has provided labor. services, Taterials, or equipment :+ the Above project, under an agreement with: Bishap Duncan Investmenta, LLC | PARTIAL WAIVER AnD RELEASE: In consideration of partial payment for labor equipment provided in the amount of: — $63 744 95 COVERING THE FOLLOWING APPLICATION FOR PAYMENT: Vk Services, materi; js, or | ! Application No.: 18 Application Date: 12/31/04 Together swith any previous payment(s) already received but €xqluding any retainage or any labor, Servicas, mitertals, or equipment provided after the date of: 12/31/06 - . Bit DOES HEREBY WAIVE AND RELEASE all! band claims, fiens, claims, Or tig.” ! of claim, or right of lien, Statutory or otherwise, against the property, project, Owner, or any other Perse: | or entity whe ig or May be claimed to be liable, or any sureties, for tabor, services, Materials, or equip ; tt, ! 45 Provided ay the Undersigned, but Only to the extent of Payment received, as indicated above. RELEASE: Upon receipt of payments 4 indicated above the undersigned will gi iat | ; THE PERGty SIGNING below does hereby certify that he/she: {6 full authorized and em | execute this instrument and to bind the Undersigned hereto, an: does in fact 80 execute this instument, . | | Great Sout yarn Contractors | ; 807 South (orlando Avenue, Suita \ Winter Pari, Fil 32789 ee es —— Kennet B Trnin 7a “m4 TTT P.ODT 4 Fe4ee 407e041222 The Undarsignad does hereby waive and release att bond claims, llons, claims, or right ot 10% OF STORED MATERIAL § Name, Title: Kenneth M4. Turlin 3 wend, lewvépn” | From SUBMITTED Ta: Cresent Resources . 300 Primera Bivd., Suita 140 Lake Mary, FL 32746 : PERIOD To: IeALER FROM: Groat Southam Contractors _ ARCHITEOY: toot toa , PROJECT No: sso1g " ‘BOY South Oilando Ave, Suze R 100 Colonial Centar Parkway, Suite 230 CONTRACT DATE. Lake Mary, FL 32749 CONTRACT FOR: General Construction ARCH PROJNO: ; INVOICE NO: 19 / t Current payment shown hevein is nov due. CONTRACT Suna ToDATE eras sewntrnenenratsceneeceesinn tgemnensessses § 463,761.00 ; . . TOTAL COMPLETED AND STORED To DATE csmnttnncinen § 483,791.00 WAIVER & RELEASE OF LIEN . . RETAINAGE:| __ - - - - Whereas the undersigned Contractor as provided labor, Services, materiale, or lpment fos : the above project, under an agieement with the Owner oavipment 10_% oF compLeTeD woRK 5 46,128.90 Sea oan 9.00 The person signing below does hereby cantify Sxecule thls inshument and ta bind the Unders' instrument. Caunty of Grange Subscribed and swom to tefora ' methis Friday, January 5, 2007 : a Great Sauthern Contractors T-770P.OUR/T'A F428 4078041222 12:02pm Frowy Qle301' ORIGINAL ONTRACT PAGE 21 : SuaMITTED FROM: Gteat Southem Contractors 807 South Onando Ave., Suita R rr ne —, é t Sait JCUUHIF HON OF WORK Te Bray GRUURIFTION OF WORK i Scn — | | | | : | |. | | | CONTRACT FoR: General Consitueticn 23| Electrical | | | tn i Gontract Paga 2.4 re ee ‘Totais) $413,312.00: 29.92.00, $08;2600) PROJECT: Shoppes of Leo RoadhAmeost - CONTRACTOR'S PROJECT No: s501G 7 ARCHITECTS PROUECT Noe | | : ! oo ee En wa wal weer Lj sala PACE MO: 2.1 oF, 4 APPLICATION NUMBEN, io se RMON OTE: —torsti06 _ a | pecvous as Se ae ANCE ~~ RETaNAGE : 187.60 3,062.20 Sosa tol oo 0, 724.0 00] 100% 0.00, 4,654.00 wml a 2. "4078041222 12:02pm From uae Tor P.DON/U & Foa2e f a come = cememnss eed heemeued serach ——ae Saeed Cc a HANGE ORDERS PAGE 3,1 me ty . SUBMITTED FROM: Great Southam Contractors. : 4 03 , “dy . 04, Slueco Changes, COR a fF ‘125809 41,693.00 | eo| a 8 smoke det, COR? | 4,260.00 1,260, * 08 ‘Wita change for units, COR 17 | 7,661.00) tase . : | 07 | Paragetwail height, COR 2 | 42509 . 4425.00 ! 08| Laminate @ kneewall, COR 3 1,778.00 1778.00, . ~ 09/8 secept 4 canapy ights, CORE 4,580.06 ‘80 | 1a|axcons laddar | 2,602.40, 2.602,00| FE Paga 34 Change ¢ es = $47,977.00! mand ~~ | i Project Grand Total: 31 ay ¢ ; PROJECT: Shoppes of tea Road-Amscot PAGE NOs , oF —_4 wa 807 South Orlando Ave., Suits R APPLICATION NUMBER: 49 : : CONTRACTOR'S PROJECT No; s8018 : . APPLICATION DATE:_ 1OPSTI0g : CONTRAGT FOR: General Construction ARCHIFECTS PROJEGT No: - : PSRIAM PRES: TRS Te Gunes — —. —- a a —-. — ns 7 nie Se, momemeteto he mmo | _ Toh i ‘DESG5r HUN OF WORK 1 SCHEDULED Wake a0 Ss > H - : abel ' 1 Pegg copier ~~) mame -| parla z | th: TermsH / i | | | PP P| $0.00 __ S197. 280200 | Change onder Grand Totaly $50,470.00) sazarreal eneasnal bon ° eee — Tlso ener U : Tiere cenuys 7,084.08! cof 413,372.00. 109%! : $403,704.00] $454,205, ____S8i506.06|~ ~~ Fa.08! | M0379 ddl 100%, $0003” Rae 8484, TOE ne EBL OO tO0% = OT/TT ae. TAGE 12/16 WAIVER AND RELEASE OF LIEN | FROM: Kemet i tas ~T0i defn Thomas i Great Southem Contractors i. Cresent Resourcas 307 South Orlando Ava,, Suite R 300 Primera Bivd., Suite 449 _ . . Lake Mary, FL 39746: | PROJECT No. 55016 CONTRACT DATE: i THE FOLLOWING APPLICATION FOR PAYMENT: I - ; Hi ApplicationNo.: 19 . ‘Application Date: 10/31/08 | Together with any previous payment(s) already received but excluding [ Services, rnaterials, or equipment provided after the date oft 12/31/06 SSS oe ae | | UNCOND: TIONAL RELEASE: this release unconditionally, ,, ee eentemancien THE PERSON SIGNING below does hereby certify State of Florida that he/shi ts; full authorized ang empowered to } County of: Orange execute ths Instrument and to bind the Undersigned Subscribed And Swom To Before Me Tr ; hereto, and does in fact 80 execute this instrument. January 5, 2007 Great Souitem Contractors Notary Public: 807 South Orlando Ave., Suite wa _ Kenneth ti “umin- 415107 | —— CUS mes a ms Le ees “Wlywezgse, ts net 82-3 OO d = Odd d 222 (voelOF d KIYERSIVC ONIN P@xX.duUlol Liais muLY meee , Current Date: September 17, 30°, BANK AS charvin ) a SAAC, ESOT COTE MOMen O ENE aCe OF THO DMGUNMENY HANS COLORED uy DATE OE February 7, 2007 10014 VODOO LOD der 91053225 849I030 § 20035 The *DDDE 26225 5 02/12/2007 JISzIZISA4 G3 BZ007" 3 ‘ es 8 a ENT=1096 - TRO=L10L FRO MUR bt Guu vor eur coenerere Sixty-two thousand sit hundred nineteen dollars and 55 cents . wor oa : an t . . : A Wee 4 aa TS ORE TEENY COT SAN ART AIL ATER YA SEE OLO ALA RR ARLE TOV ae ee oe A SOE Cem " pipes weU{GOY e615 Sup weodeg 30g 10014 $62,619.55 eves Co ua ere Great SO SRN CONTR PAGE B12 . 807 South Orlando Avenue, Sults R ‘Great SourHern ; Winter Park, FL az789 cTo. (Phone) 407-898-9399 CONTRACTORS (Pax) 407-888-7636 GENERAL CONTRACTORS OBC - 028108 CHANGE ORDER / PROPOSAL QUOTATION PROJECT: Shoppes of Lae Road QUOTE NO.; 40 DATE QUOTED: 08/28/08 PROJECT NO.: 55013 DAY'S ALLOWED — FOR APPROVAL: TO; John Thomas Bishop Duncan Investments, LLC EXPIRATION DATE: 08/28/08 1321 Edgewater Drive ADDITIONAL DAYS Orlando, FL 32804 . FOR COMPLETION OF (Phone) 321-257-0313 (Fax) 407-804-1222 THE CONTRACT: DESCRIPTION: Price Increasea for Limerock, Asphalt, and concrete Original bid for Limerock and Asphalt 160,600.00 now with price increases paying 267280,00 = git of 88,480.00 Concrate original bid $40,208.00 with price Increases paying $68,298,00= difference of $18,083.00 | have enclosed the bids and price Increases along with a newspaper ariicta, GREAT SOUTHERN CONTRACTORS v 95/30/2007 Ubied oaerorcuns pulivrs ATLANTIC SIT. | SEPT. 11, 2005 PEV! LOOP MELT - ric 27620 CR 33 OKAHU MPRA, FL 34762 TEL(352)504-7497 BAX(352)787-7641 THE SHOPPES AT LEE RD. TO: GREAT SOUTHERN CONTRACTORS “§ 1, MOBILIZATION: | - SUBTOTAL= $3,000.00 2. LAYOUT & TESTING: SUBTOTAL= $ 4,800.00 3. STORM: 36" RCPSO8LF) 30" RCP(200LF) 24" RCPGASLF) 48" RCP(L30LF) 36" WLE.S(LEA) 18" M-E.S(1EA) 15" RCP(LSLF) 15" ADS(LOLLE) 12" ADS(215LF) 12" ADS ADVANTAGE DRAIN PIPE(468LF) 6" ADS(73LF) TYPE CINLETS(7EA) TYPE }-7 T MANHOLE@BA) " 12" ADS DRAIN BASINGEA) 12" x 6° TEB(2EA) CONTROL STRUCTURE W/ SKIMMER(1EA) SUBTOTAL= $ 76,325.00 4. WATER: 12"'x8" WET TAP WIVALVE(IES) Bt C-900 PVC(TLOLF) ; g GATE VALVES W/ MEGALUG@BA) 390 DEGREE BEND W/ MEGALUG(3BA) 2" x2? WET TAP W/ VALVESZEA) 9" JUMPER CONNECTIONGBA) G5/3u/2bus Yee Bue ee PG 2OF3 (CONT) WATER: g*-x2"REDUCER(IEA) 8" x2 TEE W/ MEGALUGS(1EA) 8x8" TEE W/ MEGALUGS(IEA) 9" DETECTOR CHECK VALVE(IEA) 4° R.P BACKFLOW PREVENTER(2EA) 2 0-900 PVC(AS0LF) 2 GATE VALVE(4BA) 2! TEMP. JUMPER(AT WET TAP) SUBTOTAL= $ 28,575.00 5, FIRE«(CERTIFICATION BY OTHERS) BY C-900 DR 18 PVC(B60LF) 3" 90 DEGREE BEND W/ MEGALUGS(4EA) 3" TEE W/ MEGALUGS(ZEA) g" POST INDICATOR VALVE(IEA) 6" C900 PYC(20LF) 8" x6" REDUCER $.E.M.J(2BA) 6" FIRE ETYD. ASSY.(2EA) 8x 4" TBE W/ MEGALUGS (LEA) - 4"'45 DEGREE BEND W/ MBGALUGS(IEA) 4” FIRE DEPT, CONN.(BRASS)(1E4) ("GATE VALVEZEA) SUBTOTAL= $ 21,775.00 §, SAN.SEWER: g SDR 35 PVC(S68LF) _ 8'x6" SEWER WYE(I4EA) 6" SDR 35 PVC(370LF) 6! 45 DEGREE BEND BxS(14EA) CORE INTO EXIST. MANHOLE(LEM) SAN. SEWER MANHOLES(4EA)° CONN. TO EXIST. SEWER LATBRAL(LEA) _ SUBTOTAL= $ 19,550.00 © 7, DEMO: REMOVE 6" SANITARY LATERAL(Z80LF) REMOVE CONCRETE FLUMEGEA) REMOVE 2’ CURB & GUTTER(W/ TRAFFIC CONTROL)(100LF) REMOVE 5’ SIDEWALK(G0LE) REMOVE 8 TYPE D CURB(1200LF) 2 CURB & GUITER(375LF) ; REMOVE ASPHALT & BASE(Z1L00SY) _ SUBTOTAL= $ 15,550.00 60. wo sus Zzuer wolZy 1352 (0/7642 ATLANTIC CTTE DEVELO PAGE 85 8. EARTHWORK: CLEAR & GRUB W/ TREES(LS) DIG & SHAPE POND (6500CY) BUILD BUILDING PAD(A)(875CY) BUILD BUILDING PAD(B)(210CY) BULLD BUILDING PAD(C)(250CY) GRADE GREEN AREAS + OR - .10(LS) CUT,FILL AND BAL. PARKING(LS) 9, BASE & PAVING: ~ 11/2" OF TYPE $-3 ASPHALT(85008Y) 6" OF LIMEROCK(85008) 8" STABILIZED SUBBASE(8500SY) PRIME & SAND(SS005Y) 10. CURB: 2 CURB & GUTTER(925LF) 6 RAISED ISLAND(150SF) HANDICAP RAMPS(8EA) 6*x 16" TRENCH CURB(2650LF) 6" BOLLARDS(3BA) 11. STRIPING & SIGNAGE:(PAINT ONLY) REG. PARKING SPACES(107LF) HANDICAP SPACES W/ SIGNS(#BA) STOP BARS W/ SIGNS(1IBA) CROSSWALK(3BA) - CENTER LINE IN ROAD(G40LF) TOTAL= $399,075.00 * TEMP. ROAD(460SY) PG 3 OF 3 SUBTOTAL= $ 61,700.00 SUBTOTAL= $ 120,100.00 SUBTOTAL= $38,400.00 - SUBTOTAL= $ 9,300.00 SUBTOTAL= $ 4,200.00 PRICES DO NOT INCLUDE ANY BRICK PAVERS OR BRICK PAVER PREP. PRICES DO NOT INCLUDE: TESTING, SURVEYING, SIDEWALKS, RETAINING WALLS, RAMPS, SOD OR LANDSCAPING, SEED, MULCH, CONCRETE, DEMOLITION OTHER THAN LISTED DEMUCKING, DEWATERING, DENTISY TESTS, METERS OR ELECTRICAL, HAZARDOUS AND UNSATIABLE MATERIALS REMOVAL BY OTHERS, IF NERDED, BUILDING LAYOUT BY OTHERS. PERMITS BY OTHERS. CERTIFICATION BY OTHERS, AS BUILT CERTIFICATION BY OTHERS, FIRE LINE CERTIFICATION BY OTHERS. PRICES ARE BASED ON ONE MOBILIZATION. 623 GREAT SOUTHERN CONTRACTORS Great Southern Contractors, Inc., Project # 55013 Cost Code:02000 Effective date: 09/13/05 Subcontract Amoutit: $384,200.00 GENERAL CONTRACTORS SUBCONTRACT AGREEMENT between: Contractor: Subcotiractor: Project: Great Southern Contractors, Inc. Atlantic Site Development Shoppes of Lee Road 307 South Orlando Ave., Ste. R 97620 County Road 33 Lee Road winter Park, FL 32789 Okatumpka, FL 34762 Orlando, FL lL CONTRACT DOCUMENTS: The Contract Documents for this Subcontract consist of this agreement and any exhibits attached hereto, the Contract between the Owner and Contractor, and all documents which form a. part thereof, cither by reference of attachment, which jnelude but arenot limited to, the conditions of the Contract between Ownet and Contractor (general, supplementary and other conditions), drawings, specifications, all addenda issued prior to execution of the Contract between Owner and Conttactor, and all addenda attached. All work is fo be performed pet the Contract Doou- ments, without exception. (See Bxhibit “B” for a complete set of Contract ecuments.) Subcontractor shall be bound by all “the terns of the Contrast Documents and assumes all the obligations of Cotttractor as stated therein, which are applicable to the Subcontract scope. These documents are available for inepeotion at all reasonable times at Contractor's office. Subcontractor hereby affirms that it has examined all Contract Documents, and agrees that it will not plead unfamiliarity with any ofsaid documents in connection with any dispute which may atise hereunder, OF jn connection with any claim for extra compensation, Subcontractor further affirms that it has adequately investigated the nature and conditions of the Project site and {ocality, has familiarized itself with labor availability and conditions affecting the difficulty ofthe work, and has entered into this Subcontract Agrecment based upon its own examination, investigation and evaluation, and not 10 reliance upon any opinions or representations of Contractor, Owner, Ayehiteat or Engineer. . a The word “Owner” shall, mean the person, partnership, firm, corporation, mmunicipality, county, oF department or agency of the State of Federal government primarily and originally contracting with the Contractor for the performance of the work, b. The words “Architect” or “Bpgineer” shall mean the Architect ot Engineer ot other representative of the Owner ; under whose supervision of inspection the work js required to be done by the tetms of the Prime Contract between the Owner and the Contractor. ‘ G The words “Building” or “gimnoture” shall also mean and include outside utilities, sidewalks, landscaping, roads, streets, and other subjects and objects of construction provided for inthe Prime Contract between the Owner an Contractor. : a. The “Owner” is; Cresent Resow'et 300 Prinacsa Blvd, Suite 140, Lake Mery, FL 32746 4.. WORK. Subcontractor shall perform and furnish all lebor, supervision, services, materials, equipment, tools, sonffolds Iifts, hoists, transportation, storage, and all other things necessary 60 timely and ‘fully perform and fomigh all labor an services required at the above-referenced Project in aproper and workmanlike manner, ‘which may include overtime work 8 required to meet the Project Schedule, Subcontractor shall perform al) work to be gcheduled and coordinated wit ages ; Initiated for Great Southern Contractors, Inc. VA Jnitialed for Bt-ton eo Ste . 2 ee Page 1 of 9 P Bossi zuur, oe een Contractor’s Project Schedule oatéd (will be sent later) (See Exhibit 8OP) whi feby made apart of this Subcontract. Subcontractot shal! maintain a competent and exptti enced Superintendent of Foreman an the Project at all times during the eriod the work is executed, with authority to carry’ out direction from the Contractor relating to Subcontractors work or responsibility. FORMS, Subcontractor agrees to provide the following to Contractor: Yee a. Monthly Progress Payment Application on attached form. b. Original Waiver and Release of Lien Upon Progress Payment, te be submitted with each Progress Payment Application, slong with Waivers and Releases of Lien from any and all of Subcortractor’s vendors, sub- subcontractors of any person oF entity claiming under or through Subcontractor. 6 Original Waiver and Release of Lien Upon Final Payment, tobe submitied with Final Payment Application, along with Final Waivers and Final Releases of Lien from any and all of Subcontractor’s vendors, sub-subcarttractots of any person or entity claiming under OF through Suboontractot. a. Guarantee/Warranty Form with Final Payment Application. SCOPE OF WORK. Subcontractor's Scope of Wark (Attachtnont No. 1) includes the installation and fumnishing of all jabor, serviecs and "materials necessary for # complete installation. It is the specific intent of this Subcontract that Subcontractor shall do everything that is roquired to furnish to Contractors complete finished product or system which will serve its intended purpose. se ‘ Further, Subcontractor agrees to the following specific scope joclusions: EY All work shall be performed in accordance with Contractor's Project Schedule, dated (will be sent later). Contractor reserves the right to modify the Project Schedule at its convenience. b Daily clean up and removal of debris to Contractor supplied dumpster, - c Subcontractor shall perform all layout required fot the completion of its work. da, Coordination with other trades, so ag not to delay, disrupt, or cause darnage to the work or property of other subcontractors OF sutb-gubsontractors. G At) punch-list and/or warranty work shall be completed within 24 hours of waitten notification. f. Subsontractor will, at all times, while proscauting its work, maintain adequate and sufficient supervision on the jobsite. : . . 2 Subcontractor agrees to comply with any specific Project regulations, without exccption. SUBCONTRACT PRICE. Contractor shall pay to Subcontractor for the satisfactory performance and completion of the work under this Subcontract, the sum of $384.200.00,, PROGRESS PAYMENT. APPLICATION, On or before the 18th of each month, Subcontractor shall submit, on a form supplied by Contractor, @ Progress Payment Application, showing the value of the work installed, plus the value of the qoaterial and equipment for incorporation in the work suitably stored at the Project site or other approved location. All applications reseived in Contractor’s office on or before the 18th of the month shall be processed for paymenton the 25th of the following month, provided the Owner has made payment to the Contractor, Bach Progress Payment Application shall also show the amount of all previous payments to Subcontractor and the amount of retainage, and shall inchade evidence Initisled for Groat Southern Contractors, Ins. panei te JAK Van the ite Dey G5/30/2807 Yost mig 4y/ gee AL38 4P76957535 TSEOVIELOPMENT. Iwmdc 92328 WHITNEY RD. LEBSHURG, FL 34748 THL(RNIOL 1497 PAX(3S2) 787-7541 GENERAL CONDITIONS MOBILIZATION 1LS 1,000.00 1,000.00 SURVEY & LAYOUT ; ILs 2,250.00 2,250.00 ASBUILTS LLS 1,650.00 1,650.00 TOTAL GENERAL CONDITIONS 4900.00 {e} . DUST CONTROL . ILS 2,500.00 2,500.00 CLEAR & GRUB 1AC 1,500.00 1,500.00 CONSTRUCT BUILDING PADS “ay 8008Y .B0 640.00 GRADE AND COMPACT SITE rs 4130 SY LIS 4,749.50 FILL EX RETENTION POND AND SITE 942CY 6.75 6,358.50 ; TOTAL EARTHWORK 15,748.00 C INLET (8'-10") ; IEA 2,875.00 2,875.00 12” ADS DRAIN BASIN . SBA 425,00 1,275.00 6" ADS PIPE S4LF 15.00 810.00 "" ADS PIPE. 2I5LF 22.00 4,730.00 ( “ ADVANEDGE PIPE 220LF 27.00 5,940.00 15" ADS PIPE 1OILF 26.00 ° 2,626.00 TOTAL STORM , 18,256.00 WATERLINE . 2” TAPPING SADDLE & SLEEVE ” IBA 985.00 1,970.00 12” X 2" WET TAP LESS TAP 1EA 1,100,00 1,100.00 HOT TAP LINE STOP OFF2” - oe 2BA;SO3,650.00 7,300.00 TEMPORARY JUMPER CONN 3EA 675.00 3,025.00 ie FIRE HYDRANT ASSEMBLY 1EA 2,775.00 2,775.00 a . | ae PAVEMENT & CURB . 5 ; 1 4" S-3 ASPHALT 91128Y 9.50 86,564.00h,” 6” LIMEROCK BASE 9112 9.00 74,236.00/ \\gOr 8" STABALIZED SUBBASE 10,336SY 1.75 18,088.00 6" X 16" CURB . 2340 LF 12.00 28,080.00 6 AU) 2 CURB & GUTTER 500LF 19.00 9,500.00 } pois? CONCRETE ISLAND 6” 1SSY 175.00 2,625.00 STRIPING ILS 70,00 70.00 HANDICAP SPACES 6EA 185.00 1,100.00 SIGNAGE LLS 3,000.00 3,000.00 . MAINTENANCE OF TRAFFIC Is 2,000.00 2,000.00 TOTAL PAVEMENT & CURB 225,263.00 : om APPLICATION AND CERTIFICATE FOR PAYMENT CONSTRUCTION MANAGER SUBMITTED TO: Bishop Duncan Investments, LLC 1321 Edgewater Drive Onando, FL. 32804 SUBMITTED FROM: Great Southern Contractors 807 South Orlando Avenue, Suite R Winter Park, FL. 32789 CONTRACT FOR: General Construction ADVISER EDITION PAGE ONE OF _4__ PROJECT: Shoppes of Lee Road APPLICATION NO: 15 Distribution Ta: PERIOD TO: 1/31/07 1} | OWNER PROJECT NO: 55013 ARCHITECT ARCH PROJ NO: 3 | CONTRACTOR CONTRACT DATE: CONSTR. MNGR APPLICATION DATE: 1/31/07 INVOICE NO: 15 ! VIA CM: ARCHITECT: Michael Brady CONTRACTOR’S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the. Contract. Continuation Sheets are attached to substantiate this application. ORIGINAL CONTRACT SUM........0. cee NET CHANGE BY CHANGE ORDERS. ..W....-eon eter nsseeees CONTRACT SUM TO DATE TOTAL COMPLETED AND STORED TO DATE. ...--sesssuersemines RETAINAGE: 10__ %. OF COMPLETED WORK $ 0.00 10__% OF STOREO MATERIAL $ 0.00 TOTAL RETAINAGE ccc ceceetnctesarnienete TOTAL EARNED LESS RETAINAGE .........-00 LESS OWNER DIRECT PAYMENT BY PURCHASE ORDER ‘LESS PREVIOUS CERTIFICATES FOR PAYMENT .........4..--.- CURRENT PAYMENT DUE .......... BALANCE TO FINISH INCLUDING RETAINAGE 5 ___1,970,491.00 $ $53,046.00 $ 2,523,537.00 $ 2,523,537.00 $ 0,00 $ 2,523,537.00 $ 0.00 a § 1.948,190.35 $ 575,346.65 $ 0.00 (See Attached Pages for Original Contract and Change Order Breakdown.) This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptarice of payment are without prejudice to any rights of the Owner or Contractor under this Contract. The undersigned Contractor certifies that fo the best of the Contractor's knowledge, information and belief the Work.covered by-this Application For Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were payments have been received from Owrier, and the cufrent payment shown herein is:now due. CONTRACTOR: Great Southern Contractors By: Kerfheth M. Tumiin State of: FL County of} Orange Subscribed and swomi to before me.this Wednesday, May 16, 2007 ; f c NOTARY BUBLIC: My Commission Expires: CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the-data comprising this application, the Construction Manager and Architect certify to the Owner that to the best of their knowledge, information and belief the Work has progressed as indicated, the quality of the Work.is in accordance with the Construction Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. AMOUNT CERTIFIED 0.2... niet tener ates $ ( Attach explanation if amount certified differs from the amount applied for. initial all figures on this application and on the Continuation Sheets that changed to conform to the amount certified.) CONSTRUCTION MANAGER: By: Date: ARCHITECT: Michael Brady By: . _ Date: ORIGINAL CONTRACT PAGE 2.1 : ; PAGE NO: 2.1. OF: 4 SUBMITTED FROM: Great Southern Contractors PROJECT: Shoppes of Lee Road: 807 South Orlando Avenue, Suite. R APPLICATION NUMBER: _15 __ Winter Park, FL_ 32789 CONTRACTOR'S PROJECT NO: 55013 APPLICATION DATE: _1/31/07__ CONTRACT FOR: General Construction ARCHITECT'S PROJECT NO: PERIOD FROM: __1/1/07_ To: __ 4/31/07, Ca Ts ee E a ce ee TEM | DESCRIPTION OF WORK - SCHEDULED WORK COMPLETED TOTAL COMPLETE BALANCE RETAINAGE | NO. VALUE f ; THIS APPLICATION ANO:STORED- Ye TO FINISH : | PREVIOUS STORED TODATE Gc (C-G) i oe eee eee |_APPLICATIONS: | WORK IN PLACE MATERIALS (D+E+F} oo Z Mobilization 6,000.00. "6,000.00 0,00 0.00. 6,000.00) 100% 0,00 0] Supervision 21,784.00 21,784.00 |. 24,784.00.) 100% 6.00 0:00 General Gonditions 24, B46: 00 P 24,346.00 24, 346.00)'1 0.00 0.00 pee : 0.00. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 i ; 0.00 0.00 } 99 | Fencing 3,948,00 9:348.00 0.00 0.00 10| Concrete / 139,000.00 439,000.00 139,000:00| 100% 0.00 0.00 11|Masonry 88,500.00 88,500.00 88,500.00 | 100% 0.00 0.00 : 121 Structural Stee! 191,000.00 191,000.00 191,000.00|.100% 0.00! 0.00 i 13} Wood Package 9,700;00 9,700.00 | 9,700.00; 100% 0.00} 0.00 14| Rough Carpentry 8,640.00 ' 8,640:00) 100% 0.00 0.00 15 | Roofing 196,200.00 436,200.00 | 100% 0.00 0.00 16| Waterproofing 5,508.00 “5,508.00; 100% 0.00 0.00 471HM Doors & Frames 13,117.00 : 43,117.00 | 100%. 0.00 0.00 18|Glass & Glazing 95,000.00 95; (000.00 95,000.00) 100% 0.00 0.00 19 | Stucco | 72,024.00 72;021.00 “72,021 .00| 100% 0.00 0.00 20 | Drywall 203,127.00 203,127:00 203,127.00 | 100% 0.00 0.00 21 | Acoustical Ceilings 21,600.00! 21,600.00 21,600.00] 100% 0.00 0.00 22 | VCT Flooring 2,653.00 2,653.00 2,653.00 | 100% 0.00 0.60 23 Painting 16,278.00 16,278.00 46,278.00| 100% 0:00 0.00 24| Misc. Specialties 3,765.00; 3,765.00 3,765.00/ 100% 6.00. 0.00 25] Awnings 14,084.00 14,081.00 11,081.00 100% G.00 0.00 26| HVAC 86,452.00 88,452.00) 88;452.00| 100% 0.00 0.00 27| Plumbing 14,900.00 44,900.00 {4,900.00 | 100%. 0.00 0.00 28 Fire Protection 17,849.00 17,849.00 17,849.00) 100% 0.00 0.00 29 | Electrical 271,856.00 271,856.00; ! 274,856.00) 100% 0.00 0.00 | 0.00 | 0.00 ? 0.00 0.00 0.00. 0.00 2 0.00 0.00 0.00 0.00 2 0.00 0.00 0.00 0.00; 7? : 0.00 0,00 “Contract Page 2.1 Totals| | $1,970,491.00|_$1,970,491.00 : $0.00 $0.00) $1,970,491-00| 100% $0:00 $0.00 SUBMITTED FROM: Great Southern Contractors 807 South Orlando. Avenue, Suite R Winter Park, FL 32789 CHANGE ORDERS PAGE 3.1 PROJECT: Shoppes of Lee Road CONTRACTOR'S PROJECT NO: 55013 PAGE NO: 3.1 OF:__4 APPLICATION NUMBER: ._15. APPLICATION DATE: __ 1/31/07 CONTRACT FOR: General Construction ARCHITECT'S PROJECT NO: A | B Cc ~ po | €& TT F G H i i ITEM DESCRIPTION OF woRK | SCHEDULED j “WORK COMPLETED [TOTAL COMPLETE] BALANCE | RETAINAGE i NO. : VALUE Poe FS APPLICATION ~~ "| AND STORED TOFINISH | i PREVIOUS STORED TO DATE {C-G) _| [APPLICATIONS _| WORK IN Puace | MATERIALS | OeEHF) | 01 | Additional Permit Fees 195.00 195.00 in 0,00 0.00 195.00; 100% 0,00 02 | Add:silt fence per bidg inspector: 4,174.00 4,174.00 | 4,174.00 | 100% ; 0.00 03] Pians Show 3 12" drains 707.00 707.00 i 707.00 | 100% 0.00; 04.| Sanitary Sewer & Water t 7,708.00 7,708.00 | 7,708.00 | 100% 0.60 05/Silt fence, mve dit @ Shader 23,113.00 23,113.00 H 23,143.00] 100% 0.00 i 06 | Leveling of din on Shader Rd. 1 2,244.00 2,244.00 2,244.00; 100% | 0.00 07 i 0.00 0.00 ? 0.00 i 08} Chngd block to. split face, COR 12,887.00 12,887.00 12,887.00 100% | 0.00 j 09 | Drywall price increase, COR 11 5,665.00 5,665.00 5,665.00 | 100% 0.00: | 10| Dewatering, COR 12 20,845.00 20,845.00 20,845.00! 100% 0.00 ' 11 | Additional Dewatering, COR 19 13,899.00; 13,899.00 13,899.00; 100% 0.00 12, Water Fountains, COR 15 11,444.00 11,444.00 11,444.00] 100% 0.00 { 131 Insulation, COR 20 12,279.00, 12,279.00 | 12,279.00| 100% i 0.00; 14/| Install Grease Line, COR 14 729.00. 729.00 i 729.00 | 100% 0,00 15 | Upgraded light fixtures, COR 17 4,981.00 4,981.00 4,981.00] 100% 0.00 16 | Fab & inst. 13 awnings, COR 18 6,564.00 6,564.00 6,564.00} 100% 0.00 17 | Inst 2" pve water main, COR 21 6,059.00 6,059.00 6,059.00} 100% 0.00 18 linst. 4 roof drains, COR 22 2,160.00 2,160.00 2,160.00} 100% 0.00; 19) VOID COR 23 9.00 0.00 0.00 2 0.00 20} Add't deck, COR 13 2,777.00 2,777.00 2,777.00} 100% 0.00 | 21 | Add'l Column Chases, COR.30 3,142.00 3,142.00. 3,142.00} 100% 0.00 22 | Chg 32 Sprinkler Heads, COR 4,224.00 4,224.00 4,224.00| 100% 0.00 23) Trustco Bank, COR 16 i 412,502.00 12,502.00 12,502.00! 100% 9.00 24 | Light gauge beam, GOR 41 : 11,073.00 11,073.00 11,073.00/ 100% 0.00 25 | Little Caesars, COR.43 20,507.00 20,507.00 20,507.00} 100% 0.00 26 | Add! drywall 2 units, COR 35 5,722.00 5,722.00 5,722.00 | 100%: 0.00 271 Fix Sewer @ Point of 9,017.00 9,017.00 9,017.00) 100% 0.00 28 | Awning for Trustee Bank 8,864.00 8,864.00 8,864.00) 100% 0.00 29 | Change order for exp bead 9,649.00 9,649.00 9,649.00; 100% 0.00 Page 3.1 Change Order Totals $223,130.00 $223,130.00 $0.00 $0.00 $223,130.00) 100% $0.00 ‘ Change Order Grand Totals $526,821.00 $196,494.00 $330;327.00 $0.00 $526,821.00] 100% $0.00 Original Contract Totats 1,970,491.00 1,970,491.00 0.00 0.00 dl! 1,970,491.00| 100% 9.00 Project Grand Totals) $2,497,312.00| $2,166,985.00 $330,327.00 $0.00 $2,497,371 2.00) 100% $0.00| RS CHANGE ORDERS PAGE 3.2 PAGE NO: 3.2 OF:___4 SUBMITTED FROM: Great Southern Contractors PROJECT: Shoppes of Lee Road 807 South Orlando Avenue, Suite R APPLICATION NUMBER: _18 Winter Park, FL 32789 CONTRACTOR'S PROJECT NO: 65013 APPLICATION DATE: __1/31/07 CONTRACT FOR: General Construction ARCHITECT'S PROJECT NO: PERIOD FROM: __1/1/07_ To; __1/31/07 A B _ Cc i i E F - G L. fl i {TEM DESCRIPTION OF WORK | SCHEDULED WORK COMPLETED TOTAL COMPLETE] BALANCE RETAINAGE NO. VALUE I “THIS APPLICATION AND STORED % TO FINISH PREVIOUS | STORED | «= FO.DATE Gc (C-@) | ee ; _ APPLICATIONS | WORK IN PLACE | __ MATERIALS _ (O+E+F) 30 | Credit for Landscaping -40,500:00 40,500.00 0.00 0.00 -40,500.00 | 100% 0.00 0.00 31 | Fire alarm installer changes 3,081.00. 3,081.00. 3,081.00] 100% 0.00 0:00 $2| stucco around window 805.00 505,00 i 505.00 | 100% 0.00 0.00 33 | Access'ladders with lockable 5,004.00 5,004.00 i 5,004.00 | 100% 0.00 0.00 34 | fix pkg lot repairs on sewer 3,647.00 3,647.00 3,647.00 | 100% 0.00 9.00 35 conduit for tamper switch 1,627.00 +,627.00 4,627.00} 100% 0,00 0.00 0.00 i 0.00 ? 0.00! 0.00 37 | Stucco at bottom of wall for 6,059.00 0.00 6,059.00 6,059.00] 100% 0.00 0,00 38 | Repairs on trusco drywall 1,855.00 0.00 1,855.00 1,855.00} 100% 0.00 0.00 40|Work over wknd for storm fix 2,600.00 0,00 2,600.00 2,600.00 | 100% 0.00 0.00 41/|To add roof drain for Trusco 1,122.00 0.00! 1,122.00 1,122.00] 100% 0.00 0.00 42| Landscaper broke conduit 7 1,436.00 0.00; 1,436.00 1,436.00} 100% 0.00 0.00 43| Add 4 smoke detectors 1,795.00 0.00 1,795.00 1,795.00! 100% 0.00 0.00 44| Add concrete crosswalk per 4,712.00 0.00 4,742.00 H 4,712.00 | 100% 0.00 0.00 45 | monitoring 4 add'l duct 460.00 0.00 460.00 | 460.00 0.00 0.00 \ 46 | Switch out backflow per City 608.00 0.00 608.00 608.00 0.00 0.00 ' 47/| Electric for smoke detectors 1,683.00 0.00 1,683.00 | 1,683.00 0.00 0.00 | 48 | Fire Alarm system 4,237.00 0.00 4,237.00 : 4,237.00 0.00 0.00 i 49/| door stoops bide finger walks 2,693.00 0.00 2,693.00 i 2,693.00 0.00 0.00 | 60 | Fire extinguishers 2,963.00. 0.00 2,963.00 2,963.00 0,00 0.00 §1 | Bruce McGlameryverify 1,782.00 0.00 1,782.00 1,782.00. 0.00 0.00 §2| Additonal cost of repair on 9,017.00 0.00 9,017.00 9,017.00. 0.00 0.00 53 | Telephone cable 15,582.00 0:00 15,582.00 15,682.00 0.00 0.00 54 Install site light pole 1,683.00 0.00 1,683.00 1,683.00 0.00 0.00 55 | permit expediting 14 revisions 2,958.00 0.00 . 2,958.00 . 2,958.00 0.00. 0,00 §6| blueprint costs 3,927.00 0.00 3,927.00 3,927.00 0.00 0.00 57|regrade pond 8,976.00 0.00 8,976.00 8,976.00 0.00 0.00 §8 | 1400If of temp water 18,850.00 0:00) 18,850.00 18,850.00 0.00 0.00 59 | overtime 17,362.00 0.00 17,362.00 17,862.00} i 0.00. 0.00 Page 3.2 Change Order Totals $85,724.00 -$26,636.00 $112,360.00) $0.00 $85,724.00 $0.00} $0.00 Change Order Grand Totals} $535,838.00 $196,494.00 $339,344.00 $0.00] $835,838.00 “$0.00 $0.00 Original Contract Totals} 1,970,491.00/ 1,970,491 .00 0.00 0.00 1,970,491.00 0.00 0.00 i Project Grand Totals} $2,506,329.00 §2,166,986.60 $339,344.00 $0.00| $2,606,329.00 $0.00} $0.00 A SUBMITTED FROM: ‘Great Southern Contractors 807. South Orlando: Avenue, Suite R Winter Park, FL. 32789 PROJECT: Shoppes of Lee. Road CONTRACTOR'S PROJECT NO; 55013 PAGE NO: APPLICATION NUMBER: 3.3 OF: 4 16 APPLICATION DATE: _ 1/31/07: CONTRACT FOR: General. Construction ARCHITECT'S.PROJECT NO: PERIOD FROM: ___1/1/07_ To: 1/81/07 B c > E F Ee _ H | i DESCRIPTION OF. WORK SCHEDULED -{ “WORK COMPLETED BALANCE RETAINAGE VALUE THIS APPLICATION AND STORED % TO FINISH PREVIOUS ~ 7" SF ORED TO DATE GIC {C-G) _ [ae o . APPLICATIONS | WORKIN PLACE | MATERIALS |. (O#E*F) pT 60|Lost OVerhead 80,594.00 0.00 80,594.00 0.00| 0.00) 0:00; Jim Richards Time 8,081.00 0.00 8,081.00 0.00 0.00) ji 1 0.00 0.00 a.00 0.00 : 0.00 0.00 } extra scafolding and forklift : . 7, ‘402. 00 7 402.00 0.00 0.00: ; 66 | generator and Labor 4,620.00. 0.00 4,620.00 4620.00. 0.00 0.00 i 67 | Adjusting change order =11,005.00 0.00 -11,005.00 11,005.00 0.00 0:00 ' 68 | Fuel for generator 5,620.00 0.00 5,620.00 5,620.00. 0.00 0.00 0,00 0.00 2 0.00 0:00 0.00 0.00. 2 0.00 0.00 | 0.00. : 0.00 ? 0.00 0.00 | 6:00 “0.00. ? 0.00 0.00 0.00 0.00 ? 0.00 0.00 Fra J > 0.06 0.00], ? 0.00 0.00 0,00 0.00 2 0.00 0.00 co 0.00 0.00 ? 0.00 0.00 © 0,00 0.00 2 0:00} 0.00 0.00 ) ? 0.00 0.00. 0.00 2 0.00 0.00 | 0.00 ? 0.00]. 0:00 i 0.00; ? 0.00 0.00 0.00 ? 0.00 0.00. 0.00 ? 0.00 0.00 0:00 2 0.00 0.00 | 0.00 ? 0.00 0.00 | 0.00 ? 0:00. 0.00 0.007 2 0.00 0,00 0,00 2 0.00 0.00 Page: 3.3 Change Order Totals] $244,192.00 $0.00 $244,192.00 $0.00 $244,192.00| 100% $0.00} $0.00 Change Order Grand Totals| - $553,046.00 "$196,494.00 $396,552. 200 $0.00} ©. $553,046.00) 100% | $0.00 $0.00 Original Contract Totals! 1,970,491.00} _ 1,970,491.00 0.00 0:00. 1,970,491.00] 100% 0:00 0.00 i | Project Grand Totals! $2,523,537.00| $2,166,985.00| $356,552.00 $0.00 “"$2,523,537.00| 100% “$0:00 $0.00 Page 2 of 2 Rotate | - Best Fit Fit To Height Print | Zoom In | Zoom Out | Return to: CLAIM OF LIEN FLA. 200 CONSTRLIC TION Kenneth M. Tumiin, President AUUN LAW.CH. 712 iy Great Southern Contractors, Ine, “ 807S. Orlando Ave., Suite R Winter Park, FL 32789 SPAUCK ABOVE THIS LINE FOR PROCESSING {TER nnn ACE AMIE THIS LINE FOR RECORDING DATA CLAIM OF LIEN WARNING! THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE. REAL PROPERTY LISTED HEREIN, UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE -DATE OF RECORDING, AND SHALL EXPIRE. AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN, “of STATE OF FLORIDA ( a j COUNTY OF ORANGE | [ t Sa Before me, the wir Giga personally appeared Kenneth M. Tumlin, who was didy sworn and says shett he is the agentiPresident of the lienor Keren A Ever Linor's name GREAT Sige inter Lieror's name TR Address, $07 S. Orlando Avenue, Sulte R, Wi aud that in accordance with a contract tte BISHOP DUNCAN INVESTMENTS, LLC lienor furnished labor, services or materials consisting of: (Describe specially fabricated materials separately) Enter labor, services or materials: Construction of site work und new vertical construction for facility at Shoppes of Lee Road, Buildings A and C. in Orange County, State of Florida Describe real property sufficiently for identification, inchuding street and number, if known) See Exhibit "A" incorporated herein, which identifies the real Property. Ouned By. BISHOP DUNCAN INVESTMENTS, LLC ofa tial value. tachiding extra work, of $2.519.761.00 of which there remains $371,370.65 unpatd, and furnished the first of she stems an 10/2505 and the last of the items on 02/22/07, and Uf the lem 18 claimed by one not in privity with the owner} that the lenor served hit Notice tu Owner on N/4 by Certified Mail, Return Receipt Requested and that the ltenor served copies of the wotice on the contractor on Nid __. by Coriified Mail. Renin Recoips Requested und on the Subcontractor on N/A » (year), by Cervified Mail, Return Receip Requesied. PL LENOR: GREAT SOUTHERN CONTRACTORS, INC. LIENOR SIGNATU Se INSTR 28070276001 . ne &v A9272 DH 1419 PGhe2 (seKcarnx Seoxr / Name Tite: Kenneth M. Tunlin NOTARY PUBLIC: /JoyL. Dragland Dated: July.27, 2006 My Commission Expi 6/16/2010 ~ eee — ORIGINAL CONTRACT PAGE 2.1 Bed : PAGENO: 2.4 OF: SUBMITTED M: Great Southern Contractors PROJECT: Shopp. . Lee Road 807 South Oilando Avenue, Suite R APPLICATION NUMBER: __10 Winter Park, FL 32789 CONTRACTOR'S PROJECT NO: 55043 APPLICATION: DATE: __ 7/25/06 CONTRACT FOR: General Construction ARCHITECT'S PROJECT NO: PERIOD FROM:__7/1/06 to:__ 7/31/06 AL B aa i [e) E F o } _H i STEM DESCRIPTION OF WORK SCHEDULED WORK COMPLETED TOTAL COMPLETE BALANCE | RETAINAGE No. VALUE if L THIS APPLICATION AND STORED % TO'FINISH PREVIOUS STORED TO-DATE Gi (c-s) | APPLICATIONS | WORK IN PLACE | MATERIALS (DHE+F) 01| Mobilization 6,000.00 6,000.00 0.00 0.00 6,000.00/ 100% 000; - 600.00] 02'| Supervision 21,784.00 20,125.00} 4,000.00. 21,125.00) 97% 659.00 2,112.50 03} General Conditions 24,348.00 19:477.00 2,000,00 21,477.00) 68% 2,869:00 2,147.70 04) Earthwork 147,616.00 147,616.00 147,616.00} 100% 0.00 14,761:60 05} Storm, Sanitary & Water 417;575.00 110,441,25 110,411.25] 94% 7,163.75 14,041,13 06| Fireline 20,775.00 18,697.50: 2,077.50 20,775.00) 400% 0.00 2,077.50 07 | Paving 160,800:00 0.00 0.00} 0% 460,800.00 0,00 08 Laridscaping 58,000.00 5,096.00 5,096.00! 9% 52,904.00 509.60 09| Fencing 3,348.00 0.00} 0.00} 0% 3,348.00 0.00 10) Concrete 139,000.00 439,000.00 139,000.00| 100% 0.00 13,900.00 41| Masonry 88,500.00 88,500.00 88,500:001 100% 0.00 8,850:00 12| Structural Steel 191,000.00 191,000,001 191,000.00} 100% 0.00 19,100.00 13| Wood Package 9,700.00 9,699.50 9,699.50] 100% 0.50} 969.95 14) Rough Carpentry 8,640.00 8,640.00 8,640.00| 100% 0.00 864.00 15| Roofing 136,200.00 426,200.00. 426,200.00} 93% 10,000.00 12,620.00 16| Waterproofing 5,508.00 0.00 0.00]. 0% 6,508.00 0.00 17|HM Doors & Frames 13,117.00 2,560.00 10,567.00 13,117.00} 100% 0.00 4,314.70 18} Glass & Glazing 95,000.00 65,067.00 6,183.00 71,250.00] 75% 23,750.00 7,125.00 19, Stucco 72,021.00 72,021:00 0.00. 7,202.10 30,469.00 6.00 20,312.70 al if ie 0:00 2,160.00 VCT Flooring 2,653.00 0.00 23, Painting 16,278.00 0.00 24] Misc. Speciatties 3,765.00 3,765.00 0,00 25| Awnings 11,081.00 9.00 41,081.00 0.00 26| HVAC 88,452.00 73,440;:00 12,000.00 85,440.00| 97% 3,012.00 8,544.00 27 | Plumbing 14,900.00 9,950.00 9,950.00} 67% 4,950.00 995,00 28 | Fire Protection 17,849.00 47,849.00 17,849.00} 100% 0.00 1,784.90 291| Electrical 271,856.00 222,922.00 27,186.00 250,108.00) 92% 21,748.00 25,010.80 0.00 0.00 ? 0.00 0:00 0.00 0.00 2. 0.00 0.00 0.00 0.00. ? 0.00 0.00 0.00 0.00 ? 0.00 | 0.00 4 7 =o to. Corsct Page 2.1 Totals} $1,970,491.00/ $4:526,919.25 $113,0825 $0.00] $1,640,00175| 83% | $330,489.25; $164.6 3] pee byob Ex -\ ae) Capture Date: August 17, 2006 Current Date: February 05, 2008 aoe in . S16 pa OF Co a ‘ I Boe, Al, ALOA Quien Corsten etors é i | Bead nage Tnetise nel sie” “hoo Teams A ke | BR i i vODSIEIs « HORS LAS ILA 3020035786 ae aayaT/aSGe 5163 ST, 006.35 8297313056 GHLTBODS q » GlS0-O019-5 ,EXT=22870 TREs2479 Pyeng Aug yeodeg Jog BIOPOBINO D UIOUENNS Jeo g [EAE SA! 222, SUYS WvoTIP po BISHOP DUNCAN IN spores MENT: §, LLC beeay oc fifo | He ie as at Soutreend Cortractrs "54 72,6 sue | Hy Si. dea tudo tmet end Sox pundced That Four 9 ; ‘ i i J ansammmawe ronan i [- ” mODSIEKY HOBAIESiLaE 308200357hr spel | “SS7La7E00E 5164 $72,634. 50 ~ iinet net nemnencanid SHEST peas SHOE UO teundg yea) Ap eodag soy a /&h2 5)/? a2, AGL 2yW7I?D | | | | vage Zot 2 ‘ Print | Zoomin | ZoomOut | Best Fit Dace BOS INNER BWlip~ Bak 489% INSTR: 20@70045255 OR OK @9072 PG 4244 POB«t NARTHA O. HAYHIE, COMPTROLLER Rete to/Prepared by iy Poa FL “oO Pap colin be SEC FEE ‘eee “" A ET eT LAST PAGE WARNING! THIS LEGAL DOCU EFEECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE Fe PROPERTY VIED BEREIS. UNLESS TRE OWNER OF SUC PROPERTY TAs. ACTION hg Sra TMEL T U out tn ano vo HUREAT TERNS Ceca PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN. Sinie of Florida County of Orange a Contractors, ienor furnished abet $7) real property in Orange Coury State ot yond 4100 Lae Rad nado) }. Orlando, FL. Coe ‘A Tract of Land lying ati Seon yore 24 Sodth: Range 29 East OSS . 5 J ser Drive, Suite 2, Ounsd by Bishop Dunciii Investments, (LC, and whose acids 1401 Edgewaies BT Ripe tsccen Haase sect nO, {¢ http://officialrecords.occompt.com/wb_or1/details_img.asp?doc_id=28652555&pg_count3l 00032087 SH YTTS 4500 miami conter Hee FLORIDA 08/6/2007 BOWEN 201 § Biscayne Blvd. ; ‘ 7 we Miami, Florida 33131 . . : iami, Florida . a 961607 _ 145305 00013338 63-761/631 SAREE FIVE TWO SIX" LLP | . or, g IEREARIS 28 PAY. THIRTEEN THOUSAND FIVE HUNDRED TWENTY-SIX AND 00/100 DOLLARS PAY L & D Ceilings, Inc. wO003 2087" 106341075 Lam, 20900045004 78" wO00445 726800" ng re) Bs: wT qaqa 2 a a cae _ AMNGaA ADVE .B : Qe oN vf oS we Bsmt! “Oe tat = sf Document recorded as presented. Orange County, FL Comptroller BIR 2@a70557174 OR BK 99403 PG 4910 PGS=1 sETHO Ce HAYNTE, COMPTROLLER ae COUNTY, FL y AGeede 7 FP THIS INSTRUMENT PREPARED BY AND RETURN TO: Todd F, Kobrin, Esq. Shutts & Bowen LLP 300 8. Orange Ave., Ste. 1000 Post Office Box 4956 Orlando, FL 32802-4956 407/423-3200 AST PAGE SATISFACTION OF CLAIM OF LIEN KNOW ALL MEN BY THESE PRESENTS, that L & D CEILINGS, INC., the Lienor and holder of a certain Claim of Lien filed against BISHOP DUNCAN INVESTMENTS, LLC, bearing date of the 17° day of January 2007, and recorded on the 224 day of January 2007 in Official Records Book 9073, at Page 4244, in the Public Records of Orange County, Florida, claiming a lien in the sum of $560.00 upon the real property lying and being in Orange County, Florida, as described therein, has accepted and received full payment of said Claim of Lien and ° does hereby acknowledge satisfaction of said Claim of Lien, and hereby directs the Clerk of the Circuit Court to cancel the same of record. WITNESS my hand and seal this.3/ day of Uy L } 2001. " & D CHILINGS, pe : Sh - As Its: es Ld. oats STATE OF FLORIDA COUNTY OF ORANGE _The foregoing instrument was acknowledged before me this . 3 j__ day of fa” by by John «Shred »as Poon , of L & D Gpilings, Inc, Florida corporation, on behalf of said corporation. He/She (v) is personally known to me oR ( ) has produced : as identification. ORLDOCS 10925745 1 : 7 : + awe . Faye Lure i Print | Zoom in | ZoomOut ; — BestFit Ko Bae Na ay * - 7 STEN Kx .Et . {BU AUMGEREAREAGRY UTR GULL “Kot S18 W777 WARNING! Rotate | Aqsa ee Lay ‘THIS LEGAL DOCUMENT REFLECTS THAT. A CONSTRUCTION LIEN HAS PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY RE : VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND | BECOME NULE AND VOID THEREAFTER UNLESS EEGAL PROCEEDINGS HAVE BE COMMENCED TO FORCLOSE OR TO DISCHARGE THIS LIEN. 2002 BLSNI : : CLAIM OF LIEN STATE OF FLORIDA COUNTY OF Oninge Diy appeared , Jeffery: King who: being duly dng._, Lienor, whose address is! and that in accordance with-#-con! INNOS RONYHO “HFTIONI dWOO"S gdodue=85d Soor Od LOMO HB YO ge) owned by Bishop Duncan, Vt 7 atonal valué of $22,090.53 ; “¢ of which there remains unpaid §. afd tignished the first of the items on _Avgust 7. 2006 and the lasvah itoms.on November 14, 2006 nnd that Lienot U.S. Cerlified Mail, Return Receipe NOD Signed, sealedgnd delivered in the prosegcddf ai Print Name Leip tase read SWORN -TO AND SUBSCRIBF BEFORE ME, by Jeffery King es : Who is personally kiown fo me, and who did take wi oath this, ESI “day-0 1004, : ig Notice to Owner on the Owner on September 26,2006 b fi : i i : : Copy Provided to: Great Southern Contractors Ine . . John Thomas Nolary Public; State bf Florida ; Kobrin: Halding Company My Commission Expires: S/7/10 | pr sget wae i i Cornent (200553513: F : ‘This document prepared by and : epineari7agio = Should be returned to: Susan L Mult, 2978 Old Dixie Hwy. Ste,-A, Kissimmee, [INUEE#Y rent ins i © hitp://officialrecords.occompt.com/wb_or | /details_img.asp?doc_id=28693008&p g_coun' 00032138 63-751/631 SH Y TTS WACHOVIA Mi Cc. ee Nieeayne BIG. “5. ORLANDO , FLORIO 08/27/2007 B OWEN Miami, Fiorida'33134 : os ee - 7 ~ yu2707 _ 490002 00019637 a co LLP eee: 2.020 . . . nwo ;we ZERO NINE. A eso _- pay. TWENTY-TWO THOUSAND NINETY AND 53/100 DOLLARS * SHUTTS & BOWEN, LLP ESCROW ACCOUNT Auer & King woooa2baem OR3so7S523N 209000 4500478" "000 220905 3" ; aposit Only it: For D "R LR eawrae1 8a9g3 R BK 9436 PG O62 PES=1 MARTHA Ch, YMI COMPTROLLER THIS INSTRUMENT PREPARED BY AND RETURN TO: Todd F. Kobrin, Esq. Shutts & Bowen LLP » 300 S. Orange Ave., Ste. 1000 Post Office Box 4956 Orlando, FL 32802-4956 407/423-3200 BE? AIEEE SATISFACTION OF CLAIM OF LIEN KNOW ALL MEN BY THESE PRESENTS, that AUER & KING, INC., the Lienor and holder of a certain Claim of Lien filed against BISHOP DUNCAN INVESTMENTS, LLC, bearing date of the 5" day of February, 2007, and recorded on the 6" day of February 2007 in Official Records Book 9101, at Page 4365, in the Public Records of Orange County, Florida, claiming a lien in the sum of $22,090.53 upon the real property lying and being in Orange County, Florida, as described therein, has accepted and received full payment of said Claim of Lien and does hereby acknowledge satisfaction of said Claim of Lien, and hereby directs the Clerk of the Circuit Court to cancel the same of record. _ a nl WITNESS my hand and seal this+’] “day of A a sf , 2007. AUER & KING, INC. py mse, Oe Print Name:“Svwn wer ets Its: RearOuss STATE OF FLORIDA COUNTY OF ORANGE The oon instrument was acknowledged before me, this A’ + Pay of opis st 2007 by len ©. West » as Pres, at of Auer & King, Inc., a Florida corporation, on behalf of said corporation. SShe (%) is personally. known to me OR ( ) has produced - as identification. 1 Sse Kk UM Notary Public, State of Florida eneeeneenezPmaneas Print Name: _geemonsugagt gist" "9 Commission No.: 2 tan, # 000553613 : My Commission Expire: rida Notary Assn., Inc = ea al | Yo ORLDOCS 10925746 : aS Bo = _ en ew ~ * at Abril’ TION AND CERTIFICATE FOR PAYMEi.. SUBMITTED To: Bishop Dunean Investinents, LLC PROJECT: Shoppes of Lee Road 1321 Edgewater Drive Otlando, FL 32804 ARCHITECT 3 CONTRACTOR FROM: Great Southern Contractors ARCHITECT:. Michaet Brady PROJECT NO: 55013 807 South Orlando Avenue, Suite R 100 Colonial Center Parkway, Suite 230 CONTRACT DATE: - Winter Park, FL 32789 Lake Mary, FL 32746 ‘IGE NO: 42 CONTRACT FOR: General Construction ARCH PROS No: inv ° that to the best of the Contractor's knowledge, ORIGINAL CONTRACT SUM... $ __1,970,491.00_ information ai ed by this Application For Payment has been completed in . accordance with the Contract Documents, thatalt amounts have been paid NET CHANGE BY CHANGE ORDERS (See Attached CO List) —..160,986.00_ by the. Contractor for Work for which Previous Certificates for Payment were issued and ; 2,131;447.00 Payments received from Owner, and that current payment'shown ‘herein is new due, CONTRACT SUM TO DATE Te barecsetenersesesneeniesttgecenne § TOTAL COMPLETED AND STORED To DATE 3 ___1,992,942.50 WAIVER & RELEASE OF LIEN RETAINAGE- Whereas the undersi, ned Contractor has Provided labor, Seivices, Materials, or equipment for the above project, under an agreement with the Owner. 10% OF COMPLETED Work $ ___199,294.25 _ 10 0.00 The Undersigned does hereby waive and release all bond Claims, fens, claims, or Night of ve % OF STORED MATERIAL § mn claim, oF right of lien, Statutory or otherwise, against the property. Project, Owner, or any other SRETAINAGE feececiee & 199,284.25 Person or entity who is or may be claimed to be liable, or any. Sureties, fortabor, Servicés, TOTAL RETAINAGE ..... , , : materiats, or equipment, as provided by the Undersigned, to the extent of payment received, as. TOTAL-EARNED Legg RETAINAGE oo $ ___1,793,648,25 indicated herein, together with any. ‘Previous. Paymient(s) already: feceived but excluding any retainage of any labor, Services, matetials, OF equipment provided after the application period pag OWNER DIRECT PAYMENT BY PURCHASE ORDER So 0.00 | date stated above The undersigned-agrees that in xchange for teceipt of the above amount for labor, services, Materials, or equipment as described herein, he does hereby grant this LESS PREVIOUS CERTIFICATES FOR PAYMENT $ ___1,692,595 57 release unconditionally, CORRENT PAYMENT DUE ce ee $ 101,052.68 337,798.75 98S | instrument. Stateof gi. i County of Orange Great Southern Contractors Subscribed and sworn to before methis — Thursday. Se: a7 ae! NOTARY PUBLIC: LW Fh My Commission Expires: 6/16/2010 Kenneth M. Tumiin Dated: September 28, 2006 ee 28, 2006 ! YRIGINAL CONTP ACT PAGE 2.4 ~PRIGINAL CONTP ACT PAGE 2.4 Exit = pase “24 : + wae MIT™ — kROM. Great Southern Contractors PROJECT: Sho... -s of Lea Road PACE NO: oF 807 South Orlando Avenue, Suite R APPLICATION NUMBER: _ 12 Winter Pask, FL 32789 CONTRACTOR'S PROJECT No. 55013 APPLICATION DATE: 225106 CONTRACT FOR: Generai Construction ARCHITECTS PROJECT No: PERIOD FROM: __ 9/1/06 9. 2/30/06 [AT B ts D I eT FT S { H L 4 i Tem | DESCRIPTION OF WORK SCHEDULED : WORK COMPLETED ; TOTAL COMPLETE BALANCE RETAINAGE No. VALUE T THIS APPLICATION AND STORED % TO FINISH PREVIOUS | “STORED TO DATE Gc (C-G) i APPLICATIONS | Workin PLACE | MATERIALS sofa OE | a 4 0 | Mobiaatcs 6,000.00 8.00) 0.00 6,000:00 ra 0.08 600.00 02 Supenision 21,784:00 21,784.00 0.00 2,178:40 03 | General Contiitions 24,346.00 24,346.00 6.00 2,434.60 147,616.00 ; 147,616.00. 0.00 14,761.60 110. 49 hese ] 0.00 11,757.50 ae . DFE a| 0.00 2,077.50 97 | Paving 300. 37,400.00 90,400.00 70,400:00 9,040.00 08 Landscaping 5,096.00 5,096.00 52,904.00 509.60 08) Fencing 0.00 0.00 3,348.00 0.00 10 Concrete 439,000.00 139,000.00 0.00 13,900.00 11) Masonry 88,500.00 88,500.00] 100% 0.00 8:850,00 12 Structural Stee] 181,600.00 191,000.00} 100% 0.08 19,100.00 13 | Wood Package 9,699.50 9,699.50! 100% 0.50 969.95 14/1 Rough Carpentry 8,640.00 8,640.00] 100% 0.00 864.00 15 | Roofing 126,200.60 10,000.00 136,200.00 100% 0.00 13,620:00 16 | Waterproofing 0.00 0:00; 0% 5,508.00 0.00 17 HM Doors. Frames 13,117.00 43,117.00) 100% 0.08 1,311.70 18) Glass 8 Glazing 86,500.00 8,500.00. 95,000.00) 100% 0.00 9,500.00 19/-Stucco 72,021.00 72,021.00] 100% 0.00 7,202.10 20] Drywall 203,127.00 203,127.00] 100% 0.00 20/312.70 21 | Acoustical Ceilings 21,600.00 21,600.00 21,600.00! 100% 0.00 2,160.00 22 VCT Flooring 2,653.00 2,853.00 2,653.00] 100% 0.00 265.30 23} Painting 16,278.00. 12,110.00 4,168.00 16,278.00] 100% 0.00 1,627.80 241 Misc. Speciatties 3,765.00 0.00 3,765.00 3,765.00] 100% 0.00 376.50 25) Awnings 11,081.00 11,084.00 11,081.00] 400% 0.00 1,108.10 | 26 | HVAC 88,452.00 88,452.00 88,452.00} 100% 0.00 8,845.20 27 | Plumbing 14;900.60 9,950.00. 4,950.00 14,900.00) 100% 6.00 1,480.06 28} Fite Protection 17,849.00 17,849.00 17,849.00) 400% 0.00 1,784.99 28 | Electrical 271,856.00 263,021.00 8,835.00 271,856.00] 400% 0.00 27,185.60 0.90] 0.00 ? 0.00 0.00 0.00 0.00 ? 0.00 0.00 0.00 0,00 ? 0.06 0.00 | 0.00 0.00 ? 9.00 0.00 |__ Contract Page 24 Taf $1,970,491.06/ $1,753,848.75| $84,481.75 | $0.00] $1,826 330.601 emt ea Capture Date: October 26, 2006 Current Date: February 05, 2008 ‘Bunn ymca) SESRST GFL ° 5 Saimeas onasaeoaen = Ut eons. . : vo vy 4 8 7 iDB62008 f 2 Soom RB - ' 3880-G019-9 ak “ Bon . ENT=i081 TRO=s08¢4 ee Ze ~ - =o 5 : “es i p I i > 7 BB , 1 ae ~ 3s i , a0 oe BSB i 7 oo BS 3 x i. 3 EC mit "BISHOP DUNCAN UIesTUERTS, LLe ORANG, Bo ue aan ath Aah al a Vs las at .Suctern One Wierlred msyctebuternd fea “poe Bian np tanie me? *OOS2B7" KOBSALSANGE 3022003576 (OD4D 105 7bae “30/26/2006 5187 $101,082. & te _- 3AQOALT ~ 2 1 OfE2006 . to i : G830-0014-9-9 s. i foe. . EXPS1O81 TRO=10 el { sioyoesquag WiayINOS WAI Ajug ysodad.s04 A AVON BENITO INSTR 28078274819 . OR BK @9232 PG 2701 PGS=1 MARTHA O. HAYNIE, COMPTROLLER ORANGE COUNTY, FL 04/26/2087 82136186 PM REC FEE 1@.88 LAST PAGE WARNING! TRIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONK YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN. CLAIM OF LIEN STATE OF FLORIDA COUNTY OF: Orange Before me, the undersigned notary public, personally appeared Joseph “Rusty” Czajkowaki, who was duly swom and says that he is the agent of the lienor herein, Cornerstone Sitework and ~ Development, LLC, whose address is 902 Lagoon Drive, Oviedo, Florida 32765; and that in accordance with 4 contract with Great Southem Contractors, the lienor furnished labor, services, or materials consisting of labor on the following described real property in Orange County, Florida: For Improvements of the Real Property Identified As: Parcel ID; 03-22-29-0000-00-072, 1100 Lee Rosd Orlando, Florida 32810 owned by William D, Bishop Hf, of s total value of $13754.38, of which there remains vapaid $9754.38, and furnished the first of the items on Jan, 22, 2007, and the last of the items on Jan, 28, 2007,; and (iF the lien is claimed by one not in privity with the owner} that the Lienor served her or his notice to owner onApril 18, 2007, byZect fied Mail ;and (if required) that the lienor served copies of the notice on the contractor on i by Joseph “Rusty” Czajkowski and on the subcontractor, , 00 - Sworn to (or affirmed) and subscribed before | me this 2% day of SEER of Forde Hotary Pubic, Rixhe an aa dege > 20 by Wy coun, wipes Jy 17, 2010 — ale BARTA (Print, Type, or Stamp Commissioned Name of Notary Public) Personally Known OR Produced Identification *< Type of Identification Produced ¥ ORLH145973.1 Book9232/Page2701 CFN#20070274819 — Interest On | cvyers Lrust Accuune or 32 ne BOGQDC «=~ «C8T«*142 0 36 5,807? ATTENTION CUSTOMERS. THIS PAGE IS BEING PROVIDED AS PART OF YOUR MONTHLY STATEMENT BECAUSE WACHOVIA RECEIVED A CHECK IMAGE FROM ANOTHER FINANCIAL INSTITUTION IN PLACE OF AN ORIGINAL CANCELED CHECK(S). THE FRONT OF EACH CHECK IS DISPLAYED AS AN IMAGE. THIS PAGE WILL APPEAR IN YOUR STATEMENT ANY MONTH WE RECEIVE A CHECK IMAGE. 08/01/2007 thru 08/31/2007 “ayo 0031845 A, a eet ! ” pHUTTS «BOWEN LLP sen secinAT cneeK no. pay STEN ane 49/200 DOLLARS FY gave suousan SIGH HOTOUD FAPMGAVEN AND $4/406 Doan ‘are, ‘CON 0, wioonr owe contnon ne. 928, wane, o ene ors az/a ues $7, te1 98 naa ee ve onsaor ane Wass Tie Maccicen Thele Imiucanoe varie Lapmuiny Stain ACCOM us + aang tle Gemee Gus SOOMEMILE CECH ASEOONT j company .+ CL, yo armen sons —— (eos 0 seo = ee WOsIaLSe COGIb07$ +3% 209000 15004 70¢ oO007aS7544 REF#1157607220 PAID 8/01 7857.59 SHUTS & BOWEN LLP SC a (om RECOUNT 005 OME AVE, STE. 1060 ‘ONNAHADO, PL'SRBDL worm Rate ‘emul eHEEK HD TI) oc, 0031898 ; pay OO HeneAD SHAY EVED AK so/to0 DOLLAAE ws comms . a oeser - ata aie 5200.00 Stier 07/2407 21908 5327.50 we, bea. Van Dicnan ices Maaciaan Title Insurance ; om semaines penne | een | xy BO oo/ay | | vooarnung pats : - POaPAGUe 1:06 34075136 209000 15004 VAY canoe = ALTO = a —_ "sua ousuas ose 0031901 ° sug ooueys On, Be ‘Moe OFAN AVE, STE (00) ena 0 aN WE SHE 0 pervect ren ; Gav Recent hacen py seiny-rive 290 80/400 DELLE ; nr ATOKr BORO JO 20/340 DOLLARS om ; wie eens owe ei owe | coun scant wor O72 / 07 ‘91902 526.00 acl /es/02 31902 g9un.00 Fist Anncigas Tathe Tnsucmce paunee & Bowen, ULF . emt Mae SUNT ABUWELA EACROM ACCOR Company (RAUTT ADOMUILLLP ESENO ACOA voouneneont 7 384 -000 ' yop srTENDOTS mee FO3LAD 2" 80G3407583% 209000 bS008 70F 075330; 209000 LS004 7B REF#0652967970 PAID 8/02 25.00 REF#6434157768 PAID 8/01 800.00 SHUTS & BOWEN LU SHUTTS & BOWEN LP escnaw ACCOUNT; OUT gn s,DRATHE AME OTE. NOY ‘008 DAMHOE-AE, STE 1000 ‘QALANDO, FL BLBIt OAANDO, Fe wat Fay soo TaOOHAND SAVEN UUNDSSD SOCTEST aKD # 7/100 COMMAS PAY at@er Devcuuen sina momo §.Donéionr SMD 90/108 COLLARS ont eon mown sonn ote Conte 90. swoon Botan bene 173470 a1scs sama. avaerer anew 14,800.08 comonensith lun Tiele Imucsnon Co seunvqavonnuun wenonceout Casees, Ine. avs svowon> : at" Qa tt, Quan en na Re youarrtne ______ > 9000 S001, 74" a TO) EIOGE GOL3 1075 bAr: 150001 SOL 7B" vo000856B00" REFH1253673960 PAID 8/14 2716.87 ae WACHOVIA BANK, N.A. , MIAMI LEGAL PRACTICE WEALTH MANAGEMENT fe IsTR 2aa7aSaaee4 THIS INSTRUMENT PREPARED BY AND RETURN TO: Todd F, Kobrin, Esq. Shutts & Bowen LLP 300 S. Orange Ave., Ste. 1000 Post Office Box 4956 Orlando, FL 32802-4956 407/423-3200 SATISFACTION OF CLAIM OF LIEN (LEE ROAD) KNOW ALL MEN BY THESE PRESENTS, that Comerstone Sitework and Development, LLC, the Lienor and holder of a certain Claim of Lien filed against BISHOP DUNCAN INVESTMENTS, LLC, (William D. Bishop II) bearing date of the 23rd day of April, 2007, and recorded on the 26th day of April, 2007 in Official Records Book 9232, at Page 2701, in the Public Records of Orange County, Florida, claiming a lien in the sum of $9,754.38 upon the real property lying and being in Orange County, Florida, as described therein, has accepted and received full payment of said Claim of Lien and does hereby acknowledge satisfaction of said Claim of Lien, and hereby directs the Clerk of the Circuit Court to cancel the same of record. . WITNESS my hand and seal this 26" day of Luby , 2007. CORNERSTONE SITEWORK AND DEVELOPMENT, LLC, a Florida limited liability c any Print Nat tose ‘ BAK aA Tis: MAUAG. MEMBEI2 STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this 2 day of.te 2007 by Tatepk Ges sleow ii ,as sere Heber of Comerstone Sitework and Development, LLC, a Florida limited liability comp4ny, on behalf of said company. He/she (.) is personally known to me OR @ ) has produced __ Dros LicesS@. as identification. Todd F. Kobrin Commission # DD420437 < : Expires April 19, 2009 Notary Public, State of Florida Ponting Troy Pein - Insurance, inc. 800-385-7019 cc ith ORLDOCS 10926193 1 ~ ( om 1 \ Print | Zoorn|n Zoom Out i Best Fit stots WARNING! THIS LEGAL DOCUMENT REFLECTS THAT 4 CONSTRUCTION LIEN HAS BEEN PLAGEIEDE: THE REAL. PROPERTY LISTED HEREIN, UNLESS THE OWNER OF SUCH PROPERTY SAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR 0! FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE © i that he ie PISS of TO DISCHARGE THIS LIEN, z CLAIM OF LIEN i STATE OF FLORIDA g COUNTY OF ORANGE = BEFORE ME, the tindotsigned being : INVES’ SE a , “ih Ss, TOWNS 23 SOUTH RANGE EAST, COM-AT SE Eo AINnOS SoNtuedt j Wd yes wopeaniti a9 Bu 129d Lote Sa Naren Wa YO apagzzoz00e HISNI Owned by B ENTIAL E 2804 a val peers wri ‘ Tensina mipald § 6:686,09 and Zamishod the fra of the en Y. ; ou FEBRUARY 10,2007, aid that Lienor served bis Note oh ene oe te aera MARCH Of: 2008 by US. Certified Mail, Return Receipt No. 70953110000724476286 ond thatthe Lien served a copy of the notice on the contacter on MARCH 1. 2006 by | U.S; Certified Mail, Return Recsipt No. N/A Signed, senled and delivered Company Name: foe cea ROBBINS. eri SWORN TO AND SUBSCRIBE ME, by CAROL-ROBBINS, whe produced pFlocida Driver's License as Sentai dw id abso oh ct a yA 2007. ' Copy Provided to: ‘ JOHN THOMAS 400 PRIMERA BLYD.. SUITE 2 Ce QQvas Res no & tat Aw Ul Wo Q D Gs ver O 4.9 - bd -A&SS . htep://officialrecords.occompt.com/wb_or I/details_img.asp?doc_id=28844595&pg_coun ee : aPe VY GAUU vi uses, ee, [Account a ce wer Date Amount 2090001500478 33235 02/20/2008 $6,686.09 Front Image TS DO CONTAINS RHIUE TO GHEEN BACROROUND ON THE FACE SER BEVERsc Sit 70 OTHER Sassi s bbe pers SHYTTS WACHOVIA eens 00033235 | +500 Kiaml Canter - OALANDG , FLORIDA co duiaai2008 701 5 Biscayne Blvd, ~ we BOWEN wiami, Florida 43131 o . sine, srt corm 7 aan wk eK K Q Li - : SORE. | ; on . PAY: SIX THOUSAND SI HUNDRED ‘EIQHTY-SIX AND 99/400 povtars wn ae a snus A BOWEN, LLP ESCROW AccoURT pay ‘HO Supply Inc 7) Pa ‘apply . 2 faye Pon THE “. ; . Benen Bessa ORDER Lo st Porld iJ aad OF -¢ a? . per a ; . SIAD OVERS 4th tO YWOID AFTER 90 DAYS . DAGRAT ALE & COLON QUES MNT PORZOA TUMTEAT WKS RATIO Nr woogaazasgm HOGAIO7SEa 2090001500478" “DODCBESEG4." Back Image a SOMOU DY CMOS LIPOHLUA THAVILODEN HOM HORS Wr crea CTE 7 SHO INSATSS NaN SIML 40 ¥ Ive One adwa Sak Hid PPE dated dew SYUIGUOY CNM Hy aHNDagMOgO. tt MOV ONY S7VdBHL NO O2Sp 1 LOEL Sen Cal AN Deel PE A on Tr Panels IRE WOT REDS de) Shee UST AWS HGG 'SuHE NI GaNIWwdNOd S3URL¥Ra ALIEODES weNOLGGY | (9S0 Fe" 6 SNZHO GF: Wachovia certifies that the above image accurately represents the physical item from which it was produced. https://wc.wachovia.com/NETAccountS ervices/ItemImage/ImageViewer.aspx ?71D=17b0715 CEU ARE UE TE RDEL RAL ECE te eee ses ema INSTR 2anana7aaas ‘THIS INSTRUMENT PREPARED BY an BK @9591 PG 3865 PGS=1 AND RETURN TO: MARTHA Ge HOYNIE, COMPTROLLER Todd F. Kobrin, Esq. : ORANGE COUNTY, FL Shutts & Bowen LLP ; Ne/O7/ 2008 Osr19:07 PM 300 S. Orange Ave., Ste. 1000 ‘ °C FEE 14, 66 Post Office Box 4956 LAST PAGE Orlando, FL 32802-4956 407/423-3200 SATISFACTION OF CLAIM OF LIEN KNOW ALL MEN BY THESE PRESENTS, that Robbins Plumbing, Inc., the Lienor and holder of a certain Claim of Lien filed against BISHOP DUNCAN INVESTMENTS, LLC, bearing date.of the 4th day of April, 2007, and recorded on the 6th day of April, 2007 in Official Records Book 9200, at Page 0001, in the Public Records of Orange County, Florida, claiming a lien in the sum of $6,686.09 upon the real property lying and being in Orange County, Florida, as described therein, has accepted and received full payment of said Claim of Lien and does hereby acknowledge satisfaction of said Claim of Lien, and hereby directs the Clerk of the Circuit Court to cancel the’same of record. Tt WITNESS my hand and seal this 6" day of fe Gre , 2008. By:_| Print | Its: . STATE OF FLORIDA COUNTY OF ORANGE The foregoing instrument was acknowledged before me this a day of Rlnce 2008, by Sey re brass , as Vere, Raemedet of Robbins Plumbing, Inc., a Florida corporation, on behalf of said corporation. He/she ( 43 personally known to me OR ( ) has produced as identification, ee NotaryPublic, State of Florida ame: 7 188 rand . Commission Expires: ashley, NEBL PL, Todd F. Kobrin hed, Page 2 of 2 Print | zoomin | zoom out | Bestet | FitTo Width || Fit To Height | Rotate | A uartnntaconncitietsasie ne ee ss iments R See woe Ley NHR Cea QL INSTR 20079927203 oS eT OR BX. 09868 PE 3262 PEB=1 BAH. (oe HAYHIE, COMPTROLLER LEN. f ot - Qca- Shee Propared by sind return to: Bee-Line Supply Co., Ine. G3 ?-0. Box 521056 Longwood, Fl’ 32752-1086 WARNING! THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN. PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF REC ; AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR DISCHARGE THIS. ee ©) CLAIM OF LIEN STATEOF FLORIDA. 0) SP COUNTY OF ORAN! : ORANGE) OQ) /). BEPORE ME, the undersigned ny J and says that he is the agent aid authorized re; tive of the Hienor hereing BI INC., whose address is P. 521086, , FL, 32752-1086, who furnished labor, materials consisting of: STOREFI LOG SUP/LABOR: R Gn the following described neat property in ORANGE County; Florida: ; Hi @, personally appeared Robert E, services or” TRACT OF LAND LYING IN SECTION 3 TOWNSHIP 22 SOUTH RANGE 29 EAST ORANGE i COUNTY Fi MORE PARTICULARLY DESCRIBED EN 0.8. BOOK 8231 PAGE 35 1100 LEE RD, BUILDING A & C ORLANDO FL 32810; NEW SHELL BUILDING Under an orilér piven by GREAT SOUTHERN CONTRACTORS. Owned by BISHOP DUNCAN INVESTMENTS LLC, of total value of NINETY SEVEN THOUSAND EIGHT HUNDRED EIGHTY-ONE DOLLARS AND NINETY CENTS ($97,881.90) of which-thore remains unpaid TEN THOUSAND ONE HUNDRED FIFTY EIGHT DOLLARS AND SEVENTY SIX CENTS ($10,158.76), and furnished the first of the items on AUGUST 16, 2006, and thai the lienor served.tis notice-to owner on August 22, 2006, by Certified Mail, and the'lienor served copies of the notice to the Contractor on August 22,.2006,by U.S. Mail. BEE-LINE SUPPLY CO.,INC, be SATA http://officialrecords.occompt.com/wb_orl/details_img.asp?doc_id=28644373&pg. co ee 2) WACHOVIA 8 25 ORLANDO . FLORIDA _ SH ITT ,606 ittami center "20%. S Biscayne Blvd. 3 ; B OWEN miami Srida 33131 es “: “: VOIG.OVER: $0,802:86 « HAS & COLORED BACKGROUND, VOID AFTER'90 DAYS woods 2rsam wObsa~OrSseae 209000 iS004 78" “ iTR 28aa70618164 OR BK 29436 PG 9517 PGS=1 WORTHA. D. ORANGE COUNTY, FL THIS INSTRUMENT PREPARED BY AND RETURN TO: 7 99258351 6h Todd F. Kobrin, Esq. 1G, 48 Shutts & Bowen LLP 300 S. Orange Ave., Ste. Post Office Box 4956 Orlando, FL 32802-4956 407/423-3200 SATISFACTION OF CLAIM OF LIEN KNOW ALL MEN BY THESE PRESENTS, that BEE-LINE SUPPLY CO., the Lienor and holder of a certain Claim of Lien filed against BISHOP DUNCAN INVESTMENTS, LLC, bearing date of the 11" day of January 2007, and recorded on the 17" day of January 2007 in Official Records Book 9068, at Page 3282, in the Public Records of Orange County, Florida, claiming a lien in the sum of $10,158.76 upon the real property lying and being in Orange County, Florida, as described therein, has accepted and received full payment of said Claim of Lien and does hereby acknowledge satisfaction of said Claim of Lien, and hereby directs the Clerk of the Circuit Court to cancel the same of record. . WITNESS my hand and seal this 28 day of_AwGust __, 2007. BEE-LINE SUPPLY CO., INC. By: - . Print Name:_Mt a Anson As Its:_ GRNERAL PrawacbR STATE OF FLORIDA COUNTY OF ORANGE . . The foregoing instrument was acknowledged before me this 2 day of OH {Qanco Bagot , 2007 by Ger clinol ST. hyase cr , as of Bee-Line Supply Co., Inc., a Florida corporation, on behal! of said corporation, He/She ( -) is personally known tome OR ( #has produced vers Cicans & as identification. uty, Todd F. Kobrin - : 3 fa Commission # DD420437 tary Public, State of floriga & “e° Expires April 19, 2009 ¢int Name: _ Jomo aa Bonded Try Fain + Ineuranse, ino, 800-385-7019 Commission No.:_D 42m My Commission Expires: ais ORLDOCS 10925744 1 _ HAYNTE, COMPTROLLER Ag anet

Docket for Case No: 10-000002

Issue Date	Proceedings
Mar. 04, 2010	Transmittal letter from Claudia Llado forwarding a Transcript of the Proceedings, to the agency.
Mar. 02, 2010	Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Feb. 26, 2010	Motion to Relinquish Jurisdiction filed.
Feb. 25, 2010	Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 13, 2010; 9:30 a.m.; Orlando and Tallahassee, FL).
Feb. 15, 2010	Tumlin's Response to Petitioner's Case Status Report filed.
Feb. 15, 2010	Petitioner's Case Status Report filed.
Feb. 08, 2010	Transcript of Proceedings filed.
Jan. 26, 2010	Order on Pending Motions.
Jan. 21, 2010	CASE STATUS: Motion Hearing Held.
Jan. 21, 2010	Amended Motion to Dismiss Administrative Complaint or in the Alternative Motion to Quash filed.
Jan. 21, 2010	Reply to Petitioner's Response to Motion to Dismiss Administrative Complaint filed.
Jan. 19, 2010	CASE STATUS: Pre-Hearing Conference Held.
Jan. 19, 2010	Petitioner's Memorandum of Law in Supplement to Response to Respondent's Motion to Dismiss (filed in Case No. 10-000002).
Jan. 14, 2010	CASE STATUS: Pre-Hearing Conference Held.
Jan. 13, 2010	Order Re-scheduling Hearing by Video Teleconference (hearing set for March 22 through 26, 2010; 9:30 a.m.; Orlando and Tallahassee, FL).
Jan. 13, 2010	Petitioner's Response to Objection to Motion to Consolidate filed.
Jan. 13, 2010	Respondent's Objection to Petitioner's Motion to Consolidate filed.
Jan. 13, 2010	Order of Consolidation (DOAH Case Nos. 09-6015, 10-0001, 10-0002).
Jan. 12, 2010	Petitioner's Notice of Deposition of Expert Witness (of B. Mathews) filed.
Jan. 12, 2010	Petitioner's Request for Hearing on the Motions filed.
Jan. 12, 2010	Petitioner's Response to Respondent's Response to Initial Order filed.
Jan. 12, 2010	Respondent's Response to Initial Order filed.
Jan. 07, 2010	Petitioner's Motion to Consolidate Cases filed.
Jan. 07, 2010	Order of Pre-hearing Instructions.
Jan. 07, 2010	Notice of Hearing (hearing set for March 25, 2010; 9:00 a.m.; Orlando, FL).
Jan. 06, 2010	Petitioner's First Request for Admissions to Respondent filed.
Jan. 06, 2010	Petitioner's Notice of Service of First Set of Interrogatories filed.
Jan. 06, 2010	Petitioner's Motion to Allow Additional Requests for Admissions (with Attached Requests for Admissions) filed.
Jan. 06, 2010	Petitioner's Notice of Appearance of Co-Counsel filed.
Jan. 05, 2010	Unilateral Response to Initial Order filed.
Jan. 04, 2010	Initial Order.
Jan. 04, 2010	Administrative Complaint filed.
Jan. 04, 2010	Ken Tumlin's Motion to Dismiss Administrative Complaint filed.
Jan. 04, 2010	Petitioner's Response to Amended Motion to Dismiss Administrative Complaint filed.
Jan. 04, 2010	Tumlin's Amended Motion to Dismiss Administrative Complaint or in the Alternative a Motion to Quash filed.
Jan. 04, 2010	Election of Rights filed.
Jan. 04, 2010	Agency referral filed.
	CASE STATUS: Pre-Hearing Conference Held.