HomeMy WebLinkAboutCHANGE OF CONTRACTORPlanning j& DeVolopinent services
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i5ANA: A. EVAN9' MY COMMISSION #FF122147
EXPIRES Jurie 12, 2018 4%
'(407) 39" t53 Flori'dallotarySeMcexm
IrN
GM CONSTRUCTION
a family owned business
To: Debra Zampetti
From: Matt Corson
Date: December 22, 201
Subject: Canceled permit
We contracted with Marc ihyrring on August 18, 2014 for the construction of a
single-family home in Jensen Beach. The construction process has been
extremely challenging due Ito the fact that the plans were unclear and certain
details were incomplete or missing. In addition to these problems the customer
has been on site every day questioning our trade partners and supervisor. When
we did not receive our pay gent that was due at rough mechanicals complete, we
called the title company to� find out why the payment wasn't made. The title
company said the owner had place the payment on hold. It was at this point that
we decided it would be best if the owner contracted with another builder to
complete his home. I
If you have any questions or
to contact me.
Respectfully,
Matt Corson
Purchasing Manager
uire additional information, please do not hesitate
313 SW Albany Ave
Stuart, FL 34994
FL License # CGC 049743
Tel: 772-781-8500 Fax: 772-781-8505
Email: gmconstructionnabellsouth.net
TERMINATION AGREEMENT
This Termination Agreement is made by and between MARC & JULIE THYRRING
("Owners"), whose address is 10751 S. Ocean Drive Lot B-8, Jensen Beach, Florida 34957, and GM
CONSTRUCTION, LLC and MR. GREG MORABITO ("Contractor"), whose address is 313 SW
Albany Ave, Stuart, Florida 34994, this day of December, 2014.
RECITALS
I
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WHEREAS, on or about August 18, 2014, Owners and Contractor entered into a "Standard
Contract Between Contractor and Owner" (the "Contract"). Pursuant to -the Contract, Contractor was
to build a single family home for Owners on a lot owned by Owners. The home was to be built pursuant
to plans, specifications, and a scope drawn by the Owners' engineer, Stiles Engineering Group, lnc.,,and
Mr. Stiles Peete, and
,I
WHEREAS, Owners used two private construction lenders to finance part of the construction:
first, Felice and Iry Stone, and second, Ron and Diane Saback (collectively "the Construction Lenders").
The Construction Lenders deposited certain sums of money with a titleinsurance company to administer
the loan proceeds, and i
WHEREAS, the construction work has been prosecuted by Contractor and the work performed
to date has been inspected by Owners' Engineer, and certified for completion, quality, and payment by
Owners' Engineer, and has been a icepted by Owners, and
WHEREAS, certain disputes have arisen between Owners and Contractor, and they wish to
terminate their relationship. Owners wish to proceed with Kall Kell with regard to the property, and
Contractor wishes to facilitate the transition to ownerlbuilder in accordance with this Agreement.
NOW THEREFORE, the parties, agree as follows:
AGREEMENT
I
1. Recitals -The foregoing recitals are incorporated herein by reference as if more fully
set forth.
2. Accounting - Contrac'tor has prepared an accounting ofthe monies paid, and monies due
and owing through the date of this agreement. Owners have reviewed the work and the accounting, and
have confirmed with its Engineer that the work billed for in the Accounting has been completed. Based
upon the -Accounting, Owners shall pay Contractor the total sum of $23,000.00 (the "Final Payment")
upon the signing of this Agreement.
3. Sub -Contractor's and Suppliers - Upon Contractor receiving Final Payment from
Owners, Contractor shall pay all of the sub -contractors and suppliers who performed work under, and
at the direction of, Contractor and shall deliver final waivers of lien from any such sub -contractor or
supplier within 20 days of Owners making'the Final Payment.
1 of
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4. Termination -The Contract`shall be terminated upon the parties signing this Agreement,
and Owners paying the Final Payment to Contractor, each party shall be, relieved of any obligations
thereunder.
5. Building Permits - Contractor shall sign the forms necessary to transfer the building
permits from Contractor to Owners. Owners shall be responsible for all costs, if any,=associated with
transferring the permits. I
6. Notice of '
Notice of Commencement
7. Acceptance of '
completion, Owners have inspec
work performed by Contractor,
Contract, the plans, the specifica
is", based upon that inspection.
8. Mutual General Ii
acquit, satisfy, and forever discharge
and,suppliers of and from all and
debts, dues, sums of money, accoui
controversies, agreements, promise
demands whatsoever in law or in ec
successor, heir, or assign hereafter i
matter, cause or thing whatsoever f
including claims which _are known
or indirect, latent or patent.
- Owners shall terminate the
by Owners.
rk - Because the work is being turned over to Owners prior to
the work, and their Engineer has inspected the work, and that the
those working under or through Contractor, complies with the
s, and applicable building code, and Owners accept the work "as -
ease - Owners and Contractor hereby do hereby remise, release,
ich other and all of each others agents, employees, sub -contractors
manner of action and actions, cause and causes of action, suits,
reckonings, bonds, bills, specialties, covenants, contracts, liens,
Fariances, trespasses, damages; judgments, executions, claims and
ty which they ever had, now have or could have had or which any
i, shall or may have against the other for, upon or by reason of any
a the beginning of the world to the day -and date of these presents,
unknown, suspected or unsuspected, fixed or contingent, direct
Construction Lender and Con
discharge each other and all ofeach oth
all and all manner of action and action
accounts, reckonings, bonds, bills, spt
promises, variances, trespasses, damag,
or in equity which they ever had, now
hereafter can, shall or may haveagain,
whatsoever from the beginning of the w
are known or unknown, suspected.or un
The mutual promises and
actor do hereby remise, release, acquit, satisfy, and forever
s agents, employees, sub -contractors and suppliers ofand from
cause and causes of action, suits, debts, dues, sums of money,
.alties, covenants, contracts, liens, controversies, agreements,
,judgments, executions, claims and demands whatsoever in law
ave or could have had or which any;successor, heir, or assign
the other for, upon or by reason of any matter, cause or thing
-ld to the day and date ofthese presents, including claims which
ispected, fixed or contingent, direct or indirect, latent or patent.
contained herein shall survive this release.
2 of 3
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9. Entire Agreement - This Termination Agreement represents the entire agreement
between the parties hereto, and upon it tieing fully signed, and funded, it shall supercede all prior
agreements between these parties.
MARC THYRRING, Owner
JULIE THYRRING, Owner
1 6 /)�� -a-,
MR. GREG, MbRABITO, Individually,
and as manager and on behalf of
GM CONSTRUCTI N;LI,IG', . Q>—�
DANA A. EVANS
MY COMMISSION #FF122147
EXPIRES June 12, 2018
(407) 398-0i5a FloddaftlarySeWtce.com
Joined by Construction Lenders solely for purposes of the releases set out herein.
FELICE AND IRV STONE,
Construction Lender
By:
(Print Name)
Its Authorized Agent
3 of 3
RONSABACK
DIANE SABACK