PERMIT DOCUMENTS
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Property #
AGREEMENT
THIS AGREEMENTthis_____________ ____________
between_____________ _ _________________________________________________
connection with the fol
Property Name:
Street Address:
City, State, Zip:
NOW, THEREFORE, for good and valuable consideration and by virtue of the mutual agreements and covenants
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner and Contractor herebyagree to enter into this Agreement and be bound hereby, as more fully hereinafter
set forth.
1. WORK:Subject to the terms of this Agreement (whichshallinclude the General Conditionsattached hereto and made a part
hereof), Contractor agrees to furnish all labor, materials, and equipment to perform the services and/or work herein described (the
\[check all applicable item(s)\]
2.SERVICE CONTRACT DESCRIPTION:
On the description of the Work entitled _____________________________________attachedhereto as and
made a part hereof.
On the Site Plan, attached hereto as and made a part hereof.
On the plans and/or specifications prepared bydated
a list of which plans and/or specifications is attached hereto as and made a part hereof, acomplete and
correctcopy of which has been approved by Ownerand Contractor.
As follows:
3.TERM:Except asexpressly set forth hereinor in the General Conditions, the term on this Agreement shall
commenceon the Effective Date and continue until: \[check all applicable item(s)\]
th
The thirtieth(30)day after one party receives written notice from the other of its election to terminate this Agreement. Either
party may elect to terminate this Agreement without cause by giving written notice to the other.
year(s)commencing onand ending on.
SaidTermshall be automatically extended on a month-to-month basisunless either party terminates.
Final completion of the Work. Contractor shall commence the Work on or about _______________________________
and shall complete the Work (including all punch list items) on or before___________________________________.
Time is of the essence.
4. INSURANCE: Prior to commencement of Work, Contractor shall deliver toOwnercertificates of insurance coveragein form
and substance acceptable to Owner, which shallincludewritten confirmationthatall requiredpremiums, fees, or other costshave
beenfullypaidthrough the Effective Date,and that the Owner(or any mortgagee,lender, property manager,joint venture
partner, affiliate entity(ies),and/or other entity designed by Owner)isnamed as "Additional Insured"thereunder,Owner shall
also be granted waiver of subrogation and coverage shall be primary and non-contributory. If the insurancecoverage required by
this Agreement and/or the General Conditionsis not properly submitted to Owner upon demand,or if same has been cancelled or
not renewed, as the case may be,Owner may, at its discretion(butwithout any affirmative obligation),in addition to any other
rights and remedies available,immediately procureany suchinsurance on behalf of Contractor and charge and deduct the cost
thereof from any payment that may be due and owing to Contractorhereunder.
Contractor's Initials:
Owner's Initials:
PM INITIAL
Date:
Page 1 of 2
Property #
5.PAYMENT:
Work in accordance with this Agreement, together with the payment requirements set forth in the General Conditions. The
payment terms forthe Workshall beas follows: \[check all applicable item(s)\]
A fixed sum of $________per month during the Term, payable in arrears within thirty (30) days following receipt of
Contractor's bill or invoice therefor. The total annual amountshall be $________during the term.
A lump sum of $________payable within thirty (30) days after final completion of the Work (including all punch list items)
and acceptance thereof by Owner. At the election of Owner and upon receiptof any progress reports or other information required
by Owner, progress payments may be made for completed portions of the Work subject to retainage of ____%until final payment.
An amount determined as follows, payable in arrears within thirty (30)days of receipt of Contractor's bill or invoicetherefor:A
lump sum of $________paidafter all inspections are complete.
6. INTEGRATION:th the
following additional documents (if applicable) which, when taken together, shall form the entirety of the Agreement between the
parties.
General Conditions
Exhibit A:Description of Work (if applicable)
Exhibit B:Site Plan (if applicable)
Exhibit C:List of Plans and/or Specifications (if applicable)
Other:____________________________________ (if applicable)
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth above.
CONTRACTOR:OWNER:
By:By:
Printed Name:
Printed Name:
Title:
Title:
Contractor's Address for Notices:Owner's Address for Notices:
c/oEDENSLimited Partnership
Contractor's Initials:
Owner's Initials:
PM INITIAL
Page 2 of 2
Date:
GENERAL CONDITIONS
A.Insurance:
Contractor represents, warrants, and covenants to Owner that it, its employees, subcontractors and subconsultants
are covered, at a minimum, by the following:
Commercial General Liability Insurance: $1,000,000 each occurrence, $2,000,000 aggregate, per job
aggregate
each accident and $500,000 policy limit
Automobile Liability Insurance: $1,000,000 single limit aggregate including coverage of non-owned
and hired automobiles
Professional Liability Insurance: $2,000,000 per occurrence, $5,000,000 aggregate
Umbrella: $5,000,000 each occurrence, $5,000,000 aggregate
Contractor, its employees, subcontractors and subconsultants shall continue to carry such insurance during the Term.
Certificates of Insurance shall be provided to Owner before commencement of work and upon annual renewal, if
applicable.
Contractor will provide the Owner with a Certificate o
B.Indemnification
i.Owner agrees to indemnify, defend, and hold Contractor harmless of, from and against any and all
fees and costs of litigation defense and/or settlement) (colle
to: (a) the bodily
injury, personal injury, sickness, disease and/or death of any person; (b) injury to or loss of value to tangible
personal property; or (c) a breach of this Agreement, except to the extent such Damages are caused by the
negligence or willful misconduct of Contractor.
ii.Contractor agrees to indemnify, save, and hold Owner and Owner Parties harmless of, from and against
acts, errors
subcontractors, and/or subconsultants, provided such Damages are attributable to: (a) the bodily injury,
personal injury, sickness, disease and/or death of any person; (b) injury to or loss of value to tangible personal
property; or (c) a breach of this Agreement, except to the extent such Damages are found to be caused by the
gross negligenceor willful misconduct of Owner.
2.Contractor shall comply fully with all drawings, specifications, and other requirements
for the Work stated or referred to in the Agreement and/or General Conditions; and Contractor represents and
warrants that prior to executing this Agreement, Contractor has reviewed all such drawings, plans,
specifications, field conditions, and other requirements with respect to the Work, and determined to its
complete satisfaction that it shall be fully capable of performing the Work as specified herein. The Work
includes (without extra charge) all incidental items necessary to complete execution of the Work, even though
not particularly specified or indicated.
3.Unless otherwise specified, all materials incorporated by
Contractor and associated with the Work shall be new and shall be delivered to the Property in their original
unbroken packages, wrappings or containers. Contractor shall provide and pay for all materials, labor, utilities,
tolls, tools, equipment and other materials and supplies necessary to perform the Work. All materials and
workmanship shall be of good quality and suitable for their intended use. If particular equipment or materials
are specified, no substitutions are permitted without the prior written approval of Owner. Upon request,
Contractor shall furnish Owner a list of materials and suppliers for the Work. If required by Owner, all
materials shall be purchased from manufacturers or dealers shown on a list to be furnished by Owner for that
purpose. Title to materials, or any portions thereof, to be incorporated into the Work shall be deemed to vest in
Owner when so incorporated or earlier if delivered and suitably stored at the Property.
4.Owner and its representatives shall at all times have
access to the Work wherever it is in preparation or progress, and Contractor shall provide reasonable facilities
for such access and inspection. All materials and workmanship shall be subject to inspections and acceptance
by Owner. Owner may also audit and inspect Contractor's records, receipts, information and data related to the
Work. No payment will be made until after inspection and acceptance of the Work, and Owner may require
correction of any defective or nonconforming Work as a condition of payment. No payment to Contractor or
inspection or acceptance by Owner shall relieve Contractor of responsibility for defective or nonconforming
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Contractor's Initials:
Owner's Initials:
Date:
Work. Contractor guarantees and warrants that at no cost to Owner, it will promptly repair or replace any
defective or nonconforming Work and any damages to the Property resulting therefrom reported to Contractor
by Owner and shall cause any guarantee or warranty for the provision of any subcontract or materials
incorporated into the Work that Contractor shall obtain, if any, to inure to the benefit of both Contractor and
Owner, at no cost to Owner. If Contractor fails to correct defective or nonconforming Work, Owner may have
the correction performed by others and either deductsthe cost from any payment otherwise due Contractor or
make immediate demand therefor to Contractor in writing in the event Owner shall have fully paid Contractor.
5.Upon completion of the Work, all surplus materials, containers and rubbish
shall be removed from the Property, which shall be left clean and ready for occupancy with all damage from the
Work to other parts of the Property completely repaired by Contractor. Contractor shall minimize noise, dust,
trash, waste, and disruptions or interferences with occupantsand visitors on the Property, and shall adjust its
schedulefor such purpose if requested by Owner. Contractor shall at all times comply with all rules or
directions from Owner relating to safety, cleanliness, coordination of the Work with the work of other
contractors, the protection of the Property, or the convenience of the occupants and visitors on the Property.
6.Contractor shall secure and pay for all permits, licenses, and/or
approvals necessary or appropriate for the performance of the Work. Contractor shall comply with all laws and
regulations relating to the Work or the performance of the Work (including without limitation, laws and
regulations relating to use, storage and disposal of hazardous materials); andContractor represents and warrants
to Owner that prior to executing this Agreement, it has reviewed all drawings, plans, specifications, field
conditions, and other requirements for the Work and determined it shall be fully capable of complying with
such during the performance of its obligations to Owner hereunder. If Contractor performs any of the Work
knowing it to be contrary to any laws or regulations, it shall be solely liable for all resulting costs, damages and
penalties and its indemnification obligations pursuant to Section 1.B. shall fully apply thereto.
7.Contractor shall pay all royalties and license fees. Contractor shall
indemnify and hold Owner harmless against any loss, damage, or cost (including attorneys' fees) and
disbursements, or any claim therefor, based on infringement of any patent rights. Contractor represents and
warrants to Owner that prior to executing this Agreement Contractor has determined that no that patent
infringement would result from Contrac
a particular manufacturer specified by Owner for the Work.
8.Contractor shall pay all sales, use, and other taxes of every kind applicable to the performance of the
Work,the materials included therein, or payments to Contractor hereunder. If Owner pays any such taxes,
Contractor shall reimburse Owner upon demand by Owner.
9. Contractor shall not assign this Agreement, any sums
becoming due hereunder, or subcontract the whole or any part of the Work without the prior written consent of
Ownerin each instance, and any attempted assignment or subcontract without such written consent will be void.
In the event that Contractor makes an assignment or subcontracts the Work, in whole or any part thereof
without prior written consent (which owner shall have no obligation to grant and which may be withheld in its
sole and absolute discretions) as herein set forth, Contractor shall remain primarilyliable for the conduct of the
Work in accordance with the terms of this Agreement, and shall indemnify, and hold harmless the Owner and
its officers, directors, managers, members, shareholders, agents and employees from and against all claims,
damages, lo
resulting from performance of the Work by any unauthorized subcontractor or assignee of Contractor. Owner
shall have the unrestricted right to assign thisAgreement to any mortgagee or subsequent owner of the Property.
Contractor shall assign to Owner in writing any and all warranties or guarantees of subcontractors,
manufacturers, or suppliers related to the Work, and shall also provide, as a condition ofpayment hereunder,
any and all applicable product manuals, specification sheets, or other documentation provided by the
manufacturer or supplier (including spare parts) as shall be necessary and appropriate for Owner to enforce any
of such warranties or guaranties, or to properly maintain, replace, and repair the Work (or any portion thereof)
following its completion.
10.If any lien or lien claim is asserted by any subcontractor, supplier, or other person in connection with
the Work, Contractorshall be in default. Contractor acknowledges that in such case Contractor shall be
-
and/or its title insurer in the event that Contractor shall reasonably dispute the validity of any such asserted lien
claim; provided, however, Owner shall have the right, at its sole option, and without any affirmative obligation,
to make payments otherwise due Contractor on account for the Work directly to such lien claimants. Contractor
shall indemnify and hold Owner harmless against any loss, damage, or cost (including attorneys' fees), or any
claim therefore, resulting from any lien or other claim asserted by any subcontractor or supplier or any of their
employees or agents in connection with the Work. Except as may be otherwise expressly agreed upon by
Owner, Contractor shall deliver lien waivers from Contractor and all of its subcontractors and suppliers, if any,
in reasonable form, and otherwise in form and content acceptable to Owner, as a condition to any progress,
11.Notwithstanding anything to contrary herein, Owner shall have the option to terminate
this Agreement on not less than fifteen (15) days written notice to Contractor in the event of sale of the
Page2of4
Contractor's Initials:
Owner's Initials:
Date:
Property, and in such event neither party shall have any obligation to the other upon the expiration of said 15-
day notice period. If Contractor defaults or otherwise fails to comply with any provision of this Agreement,
Owner may in addition to any other remedies or remedies available (including, without limitation, costs of
the like) , terminate
this Agreement by written notice to Contractor. In the event of any termination pursuant to any provision of
this Agreement, Contractor shall immediately remove all of Contractor's equipment and tools from the Property
and shall thereafter have no further right to enter the Property without Owner's express written authorization.
Inaddition to any other remedies, payments to Contractor may be
withheld by Owner if there is anydefective or nonconforming Work or if Contractor otherwise isin default of
the terms and conditions hereof.
Contractor is an independent contractor and not an employee, agent or partner of
Owner. Contractor shall look solely to Owner for payment and performance of this Agreement, and Contractor
shall deal directly with Owner inall matters relating tothisAgreement. All notices sent to Owner shall begiven
attheNotice Address provided in the Agreement.
Except with respect tosubmittals required by the appropriate governing authorities in
order to perform theWork, Contractor shall keep confidentialallinformationobtained by Contractor which
relates to the Property and shall notdisclosesuchinformation to any other parties
consent.Uponterminationorexpiration hereof, Contractor shall deliver all such information to Owner at
the name of the tenant notbe announced until suchtime as the tenant makes such announcement. As such,
Contractor shall not use thename of potential tenants in press releases, websites,orother marketing documents
ding the foregoing, Contractor shall have no obligation to
keep confidential any information required to be submitted to any governmental agencyor which is required to
discloseby court order, but in the event that Contractor shallreceiveany such court order, Contractor shall first
adviseOwnerin writing beforecomplyingtherewith and afford Owner and its counsel sufficient opportunity to
16.Anything herein to the contrary notwithstanding, Contractor acknowledges and
agrees that Owner, its agents, representatives, employees, or any of its constituent members, partners, or
shareholders, or their respective legal representatives, heirs, successors and/or assigns, as the case may be, shall
not have any personal liability hereunder with respect to any of the terms, provisions, covenants and conditions
hereof or otherwise, and Contractor shall look solely to the estate, property and equity of Owner, if any, in the
Property for the satisfaction of any remedy of Contractor hereunder for the breach of any of the terms,
provisions, covenants and conditions hereof, or in the event of any other claim which Contractor may allege
against Owner, its agents, representatives, employees, constituent members, partners or shareholders, or their
respective, legal representatives, heirs, successors and/or assigns, which exculpation of personal liability shall be
absolute and without exception.
17.This Agreement shall not create any rights or benefits to parties
other than Owner and Contractor. No third-
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party's agreement to be bound to the same terms and conditions contained in this Agreement as Owner, and
third-
18. In the event of any claim, dispute or controversy arising out of,
or in relation to the interpretation, application or enforcement of this Agreementthe non-prevailing party shall
addition to whatever other
judgments or settlement sums may be due. Such legal costs include, but are not be limited to, reasonable
attorney's fees, court costs, forensic consultants and expert witness fees, and other documented expenses.
Agreement, including all matters related to performance and remediation, shall be interpreted according to the
substantive Laws of the State where the Site is located (but not including its choice of law rules).
Contractor's Initials:
Page3of4
Owner's Initials:
Date:
Anyprovisionof this Agreement later held to violate a Law, or Regulation, shall be deemed
void,and all remaining provisions shall continue in full force and effect. Owner and Contractor shall endeavorto
quickly replace a voided provision with a valid substitute that expresses the intent of,or at least addresses, the
issues covered by the original provision.
Thetitles used inthisAgreement and/or General Conditionsarefor general reference only and are not
part of the Agreement and/or General Conditions.
All obligations arising prior to the termination of this Agreement and all provisions of this
Agreement allocating responsibility orliabilitybetweentheOwnerand Contractor shall survive thesubstantial
completionofWork and the termination of this Agreement.
This Agreement, including the GeneralConditionsandallexhibits, appendixes, and
other documents appended to it, constitute the entire Agreement between Owner and Contractor. Contractor
acknowledges that all prior agreements, understandings and negotiationsare superseded by this Agreement.This
Agreement may be amended only by a writtenchange order or other modificationsigned by Owner. No
extension of any final completion date specified inthisAgreement, nor any change inthe scope of the Work or
the amount or terms of payment for the Work, shall be effective unless a written change orderis signed byOwner.
Page4of4
Contractor's Initials:
Owner's Initials:
Date:
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501 SE 18th Ave
Boynton Beach, Florida 33435
Marcel Archer
Account Manager
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Marcel Archer
Atlantic Southern Paving and SealcoatingAccount Manager
6301 W Sunrise Blvdmarcel@atlanticsouthernpaving.com
Sunrise, FL 33313Cell: 954-405-2929
Office 954-581-5805
P: 954-581-5805
F: 954-581-0465
http://www.atlanticsouthernpaving.com
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We understand that as a manager, owner or investor of properties all over the United States, you
need a partner to develop a strategic plan that will preserve your investment for the long term for the
least amount of money.
Bumboujd!Tpvuifso!Qbwjoh!'!Tfbmdpbujoh!provides pavement design, maintenance & construction
services to the residential, commercial, recreational and industrial markets throughout the United
States.
Please find the enclosed proposal and do not hesitate to call us with any questions.
Watch a Video About Us: CLICK HERE
GEPU Certified Contractor
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1.
TUSJQJOH; Apply DOT approved latex paint, restriping the parking lot area as per the existing layout.
2.
All work will be performed so that there is minimal interruption to your facility.
3.
If sealcoating, we will stripe the parking area after the sealcoating material has cured.
4.
Total Price: $13,150.00
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Please find the following breakdown of all services we have provided in this proposal.
This proposal originated on May 12, 2021.
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1.Line Striping$13,150.00
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We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a
new contract or added to this contract.
Please see all attachments for special conditions that may pertain to aspects of this project.
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We agree to pay the total sum or balance in full upon completion of this project.
40% deposit upon contract.
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Date:
Josh Chambers | Vice President Marcel Archer | Account Manager
EdensAtlantic Southern Paving and Sealcoating
3050 Peachtree Road 6301 W Sunrise Blvd
Atlanta , South Carolina 29201 Sunrise, FL 33313
Jchambers@edens.comE: marcel@atlanticsouthernpaving.com
C: 770-569-5498C: 954-405-2929
O: 770-569-5498P: 954-581-5805
F: 954-581-0465
http://www.atlanticsouthernpaving.com
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