Invoice GPM Realty Group LLC 2 Progress Drive #4398 Clifton Park, NY 12065 Billing Address Redburn Development-South Lake Apartments South Lake Ave Assoc., LLC 255 Washington Ave Ext. Suite 103 Albany, NY 12205 Invoice Number: I170330184 Invoice Date: 04/01/2017 Payment Terms: Net 30 Invoice Due Date: 05/01/2017 (Past Due) Invoice Amount: 826.00 Job Site Address Redburn Development-South Lake Apartments 46-48 South Lake Ave Troy, NY 12180 Item # Item Name Quantity Unit Price Taxable Total Snow Care & Ice Management Services upto 75\" Snow care & Ice Management Services up to 75" Term: 5 month Agreement during each snow event and up to final clean up from November, 2016 March, 2017 1281 EVERY 2" or more, snow will be plowed.treated Salt or Liquid De-icing included. Upon our discretion treated salt or Liquid De-icing will be used. Sidewalks not included. Any additional snow & ice management that exceeds 75" will need to be requested per push and per de-icing. These cost will be pre-negotiated reasonable rate with client prior to exceeding 75"threshold. ****30 year average snow fall in capital region Albany NY is 60". 1.00 700.00 X 700.00 1313 Late Fee 10% late fee 1.00 70.00 70.00 Comments: 5 of 5 Subtotal: $ 770.00 Rensselaer County Rate: 8% Rensselaer County Amount: 56.00 Invoice Amount $ 826.00
Quotation/Estimate & Addendum A Agreement: AGREEMENT: (4 pages + estimate (1st page)) THIS AGREEMENT (the Agreement ) is made and entered into this day of, 2018, by and between GPM REALTY GROUP LLC, located at 2 Progress Drive, # 4398, Clifton Park, NY 12065, hereinafter referred to as the Contractor" and, located at, hereinafter referred to as the Customer" and both herein in this contract referred to as Parties. TERMS AND CONDITIONS 1. DESCRIPTION AND SCOPE OF WORK TO BE PERFORMED: The Customer and the Contractor agree that scope of work to be performed is described on page named as Estimate # and is part of this agreement, under Exhibit A. 2. CONTRACT PRICE: The Customer shall pay the Contractor the "total amount plus all taxes, if applicable" for the scope of work to be perform as described in the attached quotation form in this agreement. The Customer has a right to cancel the contract within three days of accepting and signing the contract. 3. PAYMENTS: (Non-applicable to Lawn & Snow & Ice Management Maintenance contracts) Payments of the contract price shall be paid in the following manner: a) Non-refundable deposit, upon accepting and signing (applies on special one-time projects only) b) Remainder of balance to be paid in full upon completion of the project. (Applies on special one-time projects only) c) Late Fees will apply "if" Payments are due and not paid. There will be an additional 10% late fee on full cost of project or on invoice due. (This includes one-time projects and/or maintenance contracts). d) Materials are non-refundable (unless materials are purchased by the customer; then the customer will remain with the materials). Note: Applies on special projects only. e) Customer agrees that GPM REALTY GROUP LLC will deposit the 1st deposit into their regular business checking account, as oppose to an escrow account, to be used only for initial purchasing of materials and labor. All other schedule payments towards the balance will also be used to complete the job, whether it s material, labor, or both. Therefore, the Customer understands and agrees that GPM REALTY GROUP LLC will not be depositing any monies into an escrow account. The Customer waives any rights whatsoever and indemnifies GPM REALTY GROUP LLC from any obligation or harm of any kind whatsoever relative to depositing the required down payment of this contract into escrow bank account. 4. TIME OF COMPLETION: (Non-applicable to Lawn & Snow & Ice Management Maintenance contracts) The Parties agree that time to be performed under this agreement shall be commenced on or before the two weeks from the original signature date along with the deposit. Permits, Material delays, Customer's desired start date and/or weather conditions can change the schedule and therefore, the two-week allowance can alter the new "TIME OF COMPLETION" start date. Desired completion date: Initial: 5. INDEPENDENT CONTRACTOR: Subject to the terms and conditions of this agreement, the Customer hereby engages the Contractor as an independent contractor to perform the services set forth herein in this contract, and the Company hereby accepts such engagement. 6. CONTROL OF THE WORK: Contractor shall have total control of the work and schedule for the performance of the work. If Contractor is delayed in the performance of the work by an action or omission of the Customer or by circumstances beyond the control of the Contractor, then the schedule shall be extended for such reasonable period as is required to accommodate for the delay with no penalty or damages against the Contractor. 7. PHYSICAL CONDITIONS SUBSURFACE, MATERIALS OR METHOD OF WORK: If subsurface or physical conditions are different from those found to exist in the vicinity of the premises on the date the quotation was made, including subsurface utilities, boulders, tree stumps or construction debris, then the contract price will be adjusted to account for any changes required to this Agreement or in the materials or method of work required to carry out the work; such cannot be consider a breach of contract.
8. RESPONSIBILITY OF MAINTENANCE AFTER JOB COMPLETION: Jobs relating to landscaping not limited to transport of plants is the sole responsibility of the Customer and not the Contractor to maintain such landscaping or plants after service has been provided. 9. LIABILITY INSURANCE: The Contractor will provide Customer with proof of Certificate of Liability Insurance upon request. 10. CHANGES IN THE WORK: Any changes or additional work in a project must be requested by the Customer in writing to the Contractor. Further, any changes in the project or additional work, which will include an additional price, shall be agreed upon in a new contract or addendum to this contract. 11. MODIFICATIONS OR AMENDMENT: No amendment, change or modification of this Agreement shall be valid unless in writing and signed by the Parties hereto. 12. SEVERABILITY: If one or more of the provisions in this Agreement is deemed invalid, void or unenforceable by law, then the remaining provisions will continue in full force and effect. 13. GENERAL NOTICES AND LEGAL NOTICES: Any and all general notices, demands, or other communications required or desired to be given hereunder by any Party shall be made by Certified Mail. However, both Parties understand clearly that all legal notice pertaining to this agreement shall be validly given or made to another Party by depositing the notice in the United States mail, certified postage prepaid, return receipt requested for each Party address listed in this Agreement. 14. TERMINATION FOR CAUSE: If Customer breaches any provision of this agreement and if such breach is not cured within ten (10) days after receiving written notice from the Contractor, the non-breaching party, i.e., the Contractor, shall have the right to terminate this agreement by giving the Customer written notice, deposited in the United States mail, certified postage prepaid, return receipt requested for each Party address listed in this Agreement to the Customer, and termination shall go into effect immediately on receipt, and balance of labor and materials (if materials are purchased by contractor) will still be due. 15. LATE FEE: If you haven't paid your amount due by the payment due date each month, you'll be billed a late payment charge of 10% of the balance past due or the highest amount permitted by applicable law, whichever is lower. This fee will be applied on the day after the payment due date. It will be applied each month until the overdue amount is paid. If your account becomes past due, in addition to owing late fees, your account may be suspended for non-payment. 16. MECHANICS LIEN: On residential properties, the Contractor has a right to file for a mechanics lien for nonpayment of any balance due that has not been paid. 17. ATTORNEY S FEES AND VENUE: In the event of any legal action arising out of or relating to this agreement only, each party shall bear its own expenses, including attorneys fees, incurred in connection with such action. Each party agrees that this agreement shall be in the county in where the work was performed. 18. EXTRAORDINARY EXPENSES: All extraordinary expenses of Contractor incurred and attributable to the project, including without limitation losses or expense incurred without the fault or negligence of Contractor and expenses associated with taking emergency action to prevent damage, injury, or loss will be the sole responsibility of Customer who will indemnify the Contractor. IF ANY EXTRA CHARGES OCCURS THE CUSTOMER AGREES TO PAY FOR THOSE EXTRA CHARGES OR THE JOB NEEDS TO COME TO A STOP IF THE CONTRACTOR CANNOT REACH THE CUSTOMER. 19. SEPARATE CONTRACT: Customer acknowledges, understands and agrees that this contract only relates to the described work described on page named as Estimate # which is part of this agreement, under Exhibit A. of this contract and does not relate to any other contract, whatsoever, even if the work maybe similar in nature and the contract was signed on the same day of this contract and was executed or any other time thereafter this contract was executed. Also, Customer acknowledges, understands and agrees that this contract cannot be considered intertwine with any other contract whatsoever under any set of circumstances by the Customer or any court of jurisdiction. 20. FINAL WALK THRU UPON COMPLETION OF WORK: Customer fully agrees and understands that upon completion of the project, customer and contractor will have a final walk thru of the project and issue the final payment to contractor. by issuing final payment, customer agrees the job is in full satisfaction of the work and completed.
21. NOTICE AND PROCEDURES TO BE FOLLOWED BY THE CUSTOMER ON REPAIRS OF ALLEDGED DEFECT IN WORK: Customer fully agrees and supports the goodwill of Contractor to allow Customer to seek repair on alleged defective work providing Customer sends Contractor and Contractor receives a notice by certified mail, as per section 13. NOTICES GENERAL AND LEGAL NOTICES of this contract with the information relating to the alleged defects, well written, as to the nature and extent of repair necessary, including and not limited to photos and video recording. The notice must describe the nature of defect, in reasonable detail, based on visual observation, the location of the defect supported by photos taken in different directions. The notice cannot be vague and/or in general, it must be very specific and factual. Customer fully agrees and supports the goodwill of Contractor that the Notice to cure any alleged defective work must be made to Contractor within 48 hours of discovering the alleged defect, after the Contractor has completely finished all work and not before all the work is completed and contractor has be paid in full. Customer fully agrees and understand that non-payment of balance will be considered a breach of contract and the contractor is not obligated to address the allege defect. Providing that contractor is paid in full, and the Contractor receives the notice, within the subscribed time, as per this section of the contract, the Contractor will visit the site where the alleged defect has been found to confirm such defect. The Customer clearly understands and agrees that in order for the Contractor to confirm and finalize its own visual findings on the alleged defect the Customer must provide the Contractor with access to the property for inspection, and if Customer refuses Contractor access to property then this will be a breach of this contract. Thereafter, the inspection, the Contractor agrees to respond within 30 days by sending the Customer notice deposit in the United States mail, certified postage prepaid, return receipt requested for each Party address listed in this Agreement either to offer remedy to fix the defect, if one does exist, and the Customer allows the Contractor to repair the defect at location. In the alternative, the Contractor by written letter send by notice deposit in the United States mail, certified postage prepaid, return receipt requested for each Party address listed in this Agreement can offer to compromise by offering a settlement to the Customer, or may dispute and deny the claim. If the Contractor agrees to repair the work, the Contractor will need permission to proceed to repair the work by written permission from the Customer stating the date and time when work can be done. The Contractor would need to be furnished with a letter deposited in the United States mail, certified postage prepaid, return receipt requested for each Party address listed in this Agreement within ten (10) days after the Contractor agrees to repair work. If approval is not received within ten (10) days, the offer is null and void. On the other hand, if the Contractor makes an offer of some kind to a settlement amount and Customer rejects Contractor s offer or fails to permit the Contractor to enter the site to make the repair then the amount that the Customer may recover in court is limited to material only, if any. If the Customer finds the offer made by the Contractor to be unreasonable, then the Customer may notify the Contractor by notice deposit in the United States mail, certified postage prepaid, return receipt requested for each Party address listed in this Agreement in reasonable detail of the reasons why it is considered unreasonable, and such must be made within ten (10) days after receiving the offer from the Contractor. Thereafter, Contractor will review the Customer s objection for consideration. This contract requires that the Customer first under takes the foregoing notice procedures to avoid litigation aimed at facilitating out-ofcourt resolution for construction defect claims. Any litigation prior to following the notice procedures will be a breach of this contract. 22. RIGHT TO STOP WORK: Customer agrees that if payment is not made for the work already performed by the Contractor that Contractor can stop the work at anytime until Customer fulfills their payment obligation. Customer also agrees by Contractor stopping further work due to Customer non-payment is not a breach of contract or abandoning of job by the Contractor. In contrast non-payment of obligation is a direct breach of contract, which will be on the part of Customer, if payment or payments are not made per schedule agreement. 23. ASSIGNMENT/SUBCONTRACTING: Contractor as a right to assign or subcontract any part of the job and or obligations under this agreement. 24. ENTIRE AGREEMENT: This Agreement constitutes the whole agreement between the Parties and supersedes any and all prior agreements, negotiations, correspondence, undertakings, promises, covenants, arrangements, communications, representations, and warranties, whether oral or written. Neither Party shall assign any part of this Agreement without the written consent of the other Party. No act or failure to act shall constitute a waiver of any right or duty under this Agreement nor constitute an approval of or acquiescence in any breach of this Agreement unless expressly agreed to in writing by the Parties. 25. CAPTIONS: The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of any of the sections of this Agreement. 26. Force Majeure: Contractor shall not be held responsible by the Customer for any delay or failure in performance of any part of this agreement to the extent that such delay or failure is caused by excessive rain, fire, flood, explosion, war, embargo, government requirement, civil or military authority, act of God, or other similar causes beyond its control.
27. LIMIT OF LIABILITY RELATIVE TO MANUFACTURED PRODUCT: In no event shall the Contractor be liable to the Customer for incidental or consequential damages of any kind, including, without limitation, punitive or economic damages or lost profits, regardless thereto. If a problem is due to a manufactured product rather than Contractor the Customer will have to refer to the manufacturer s warranty, even if the product or products were purchase by the contractor on behalf of customer. Customer fully understands that the only recourse will be to contact the manufacturer and rely upon their warranty and deal with them directly. Furthermore, the Customer is fully responsible for all products selected and installed such as cabinets, tiles, windows, wood selection, retaining walls, paint color selection, etc. Customer agrees that if customer wants changes or reinstallation of any of the foregoing, including and not limited to any other item not listed in this category, contractor will give the customer a price quote only if Contractor agree to go forward to perform this work. IN WITNESS THEREOF, the Parties hereto have agree to all Terms and Conditions of this agreement (contract) and confirm and bind themselves upon signing this agreement and the quotation form attached hereto to this Agreement and will cause this Agreement to be duly executed by the Customer and Contractor. ACCEPTANCE OF THIS "AGREEMENT" BY CUSTOMER Company Name: [ ] Partners [ ] Owners [ ] LLC [ ] Corporation [ ] Residential Print First and last Name Address: City, State and Zip: Phone: Email: Signature: ACCEPTANCE OF THIS "AGREEMENT" BY CONTRACTOR Company Name: GPM REALTY GROUP LLC Representative Name: Peter Gonzalez Address: 2 Progress Drive #4398 City, State and Zip Code: Clifton Park, NY 12065 Phone: 518-724-5150 Email: gpmrealtygroup@gmail.com Signature: 1. DESCRIPTIONS AND SCOPE OF WORK TO BE PERFORMED EXHIBIT "A" QUOTE#: consisting of total Pages Customer Approved By: Date: Contractor Approved By: Date: end of 6 pages (including quotation of 2 pages)