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HomeMy WebLinkAboutCRA-R-15-0012 BackupTHE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. Board of Directors Ruth Clyne Chair Steven J Henriques, CPA Vice Chair Treasurer Patricia Braynon Karen Burkett Dorothy Jenkins fields, Ph.D. Stephen Johnson, Esq. Lauraine Murray Andrea J. Pelt -Thornton N Patrick Range II, Esq. Garth C. Reeves Founder Dorothy Jenkins Fields, Ph.D. Executive Director TimothyA_ Barber March 5, 2015 Clarence Woods, Director SEOPW CRA 819 NW 2nd Avenue Miami, FL 33136 Greeting Mr. Woods: We want to thank the Southeast Overtown Park West Community Redevelopment Agency for supporting the Black Archives Historic Lyric Theater Cultural Arts Complex as the cultural anchor for the SEOPW redevelopment area. Together in 2014, we successfully opened this historic venue with exciting programs and implemented the steps to realize the vision of Historic Overtown becoming a destination of choice. I have attached a few publicity pieces that documented our Success. In 2015, we were able to build partnerships with notable organizations to include GMCVB, Visit Florida, Big Bus, the Bass Museum, and Coca-Cola. These partnerships allowed us to grow our exposure and helped to secure further funding from foundations and private foundation grants including the Knight Foundation and the Leon J. Simkins Foundation. We want to build on the momentum that showcased the Historic Overtown community through the Black Archives Lyric Theater venue with programming such as Lyric Live, South Florida Band Camp, Expressions, & the highly reviewed Purvis Young Art Basel exhibition. Through programming and activities we have been able to provide Historic Overtown residents with job creation, job training, and job retention, which supports a priority goal of the CRA. This fetter is being sent for consideration by the SEOPW CRA Board of Directors to renew the support activities at the historic Lyric Theater through the Black Archives in the amount $733,000 for the 2015-2016 operational year. The total request is comprised of a 1.) Lyric Programming & training allowance of $433,000; 2,) Lyric Construction Gap Loan to close out the Lyric construction for $200,000; and 3.) Tenant Improvement Request to retrofit the facility, enabling tenant access for the CRA for $100,000. I have enclosed the grant budget, look forward to the request on the March 2015 agenda. Thank you for considering the support to our organization. Thank you for your support, Sincerel Cam. Timothy A. Barber Executive Director Encl. 819 Northwest 2nd Avenue, Miami, Florida 33136 TEL 786.708.4610 ra FAx 305.636.2391 www.theblackarchives.orq baf(atheblackarchives.orq THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. Board of Directors Ruth Clyne Chair Steven J. Henriques, CPA Vice Chair Treasurer Patricia Braynon Karen Burkett Dorothy Jenkins Fields, Ph.D. Stephen Johnson, Eaq. Lauraine Murray Andrea J. Pelt -Thornton N. Patrick Range li, Esq. Garth C. Reeves Founded Dorothy Jenkins Fields, PhD. Executive Director Timothy A. Barber January 15, 2015 Clarence Woods, Director SEOPW CRA 819 NW 2nd Avenue Miami, FL 33136 Dear Mr. Woods; Following up to the meeting that was held in our offices on January 7, 2015, I shared with my Executive Committee the details of your offer of a $200,000 short term loan in response to our organization's urgent request for renewed grant funding in the amount of $733,000 for needed construction gap funding and continued operations and programmatic activities at the historic Lyric Theater Cultural Complex and Performing Arts Center. The details of your two variant offers, as restated below, were presented: 1. A short term $200,000 non -amortizing loan to be repaid to the SEOPW CRA once the Black Archives received the reimbursements funds from the Miami Dade County General Obligation Bond; or 2. A conditional $200,000 non -amortizing loan that may be forgiven, provided that the Black Archives offer to the SEOPW CRA, or their third party designee --free of charge--, eight (8) calendar day or night uses of the theater at full access. The Executive Committee respectfully accepts your offer of an immediate $200,000 short term non -amortizing loan for the facility use and programmatic conditions (option 1 above), and have directed me accept your generous offer. ncerel Timothy A. -Barber Executive Director The Black Archives 819 Northwest 2nd Avenue, Miami, Florida 33136 TEL 786.708.4610 A. FAX 305.636.2391 www.theblackarchives.orq bafCciltheblackarchives.orq Fiscal Year: Grantor: Grant Name: Organization Name: Grant Start Date: Grant End Date: EXPENSES Program Administration Personnel: Technical/Artistic Arts Cultural Programming & Training Contingency 2015 Southeast Overtown Park West Community Redevelopment Agency The Black Archives Lyric Theater Cultural Heritage Program The Black Archives History and Research Foundation of South Florida, Inc. January 1, 2015 December 31, 2015 Lyric Construction Gap Funding: Construction Closeout Lyric Tenant: Improvement Request Partloning for Access GRANT DOLLARS ALLOCATED GRANT DOLLARS + 200,000 200,000 33,000 200,000 100,000 TOTAL GRANT AWARD: $ 733,000 ral Creative Cloud for teams. As low as us$19.99/ma for up to two years P-ti1�Y0 24 Months FinancingAvailohle' Local students participate in inaugural Black Archives Band Camp Pasted: Jul 28, 2014 5:01 PM EDT Updated Sep 22, 2014 5:01 PM EDT MIAMI (WSVN) -- Some of the best and most respected names in music will be "striking up the band" at an inaugural South Florida band camp. Middle school and high school students from South Florida and Texas participated in the Black Archives 2014 South Florida Marching Band Precision Camp at the historic Lyric Theater in Overtown. About 160 students honed their musical skits with the help of the FAMU faculty and public and private school teachers whose craft is music. Amari Greene, who plays the trombone, said, "It was very special. These are some amazing musicians." "It was fun. I had a great experience. It was tiring, but the experience you get here is amazing," said Student Terrell Graves. "I've learned different marching styles. I've learned different ways to play. I've learned the difference between volumes. Everything, anything you could ever want to learn about music, you can learn it here." The week-long camp focused on warm-up studies, marching band drills, concert ballads, dance routines and memorizing contemporary marching techniques. Greene said, "I feel very confident in my playing. The professors at this camp they've taught me new ways to make my tone and many things better." KeriAnn Grigas said, "I learned how to properly cut-off a band and how to properly march, as well. I also learned how to conduct better." The students said it was fun, but the camp is no walk in the park. Tina Vuong, plays the flute and piccolo. She said, "I've never danced like this before, I've never played like this before. In less than a week I feel like I've become a different person." Grigas' mother, GayAnn Grigas said, "This camp is very aggressive in its teaching the students to perform at a higher level in a very short period of time." Their hard work culminated on Monday with two performances, including one on Sunday. The experience is on these students will be able to share. "l want to pass along to the people in my school what l learned and help them be a better leader and a better musician," said Vuong. SUPPORTING DOCUMENTATION liltami 3dcra1b For South Florida marching band students, music means discipline and love More than 100 marching band students strutted their stuff Monday in Overtown, part of the South Florida Marching Band Precision Camp. BY MONICA DISARE 07/28/2014 7:27 PM I Updated: 07/28/2014 9:04 PM Over 100 middle and high school students who participated in the South Florida Marching Band Precision Camp marched through the streets of historic Miami's Overtown neighborhood from the Lyric Theater to Gibson Park on Monday, July 28, 2014. MIAMI HERALD STAFF At 18, Michelir Senatus loves music so much that on most days, he's home practicing his tuba. But on Monday, the young man from North Miami spent the afternoon marching and dancing with about 160 other music -loving students through Miami's Overtown neighborhood playing a mix of songs for neighbors lining the street as part of the South Florida Marching Band Precision Camp. It was also a statement about a new way to use city streets. Organizers hope that the middle and high school students could envision themselves marching toward a future where they find meaning in music rather than anything harmful. For Senatus and others, it was a chance to gain more experience and learn from what organizers considered an all-star staff. "This camp might have changed somebody's life already," said Melton Mustafa Jr., an instructor at the camp and a Grammy nominee who works at Florida Memorial University. Mustafa, along with some of the camp's other leading musicians, said he feels strongly that music has shaped his life for the better. The camp was so popular in its first year that the director, Shelby Chipman, an associate professor of music at Florida A&M University, said he thinks enrollment will rise substantially next year. It filled a niche not only for students in Miami -Dade, but also for musicians throughout Florida and other states. Around 50 students from San Antonio attended the week's festivities, said Kamila Pritchett, the development and marketing coordinator for the Black Archives. Professors from Florida colleges and band directors at local high schools led the camp. As each instructor's picture popped onto a video screen in an auditorium before the march, campers erupted in cheers. Though many band students, like Senatus, were serious about their instruments, the group sizzled with the excitement of teenagers in July. But once they started playing the music, the group strutted down the street with swagger. "Most of these kids are serious musicians with no place to perform," Mustafa said. Listen Live ► Here and Now Underwriting Events Shop Support WLRN FEATURED: Miami iSouthFlorida [ I: DONATE NOW What's The Story? >> Latin America Report » End Of The Road >- FPREN Storm Center» Statelmpact FL r> News News Ftorida Keys' First Gav Marriage Palm Beach County's Same -Sex Becomes Public Celebration Group Wedding A Festive Affair Overtown 7:05 AM TUE AUGUST 2e., lets How A Historic Theater Is Using Band Camp To Revitalize Overtown By WILSON SAYIREi!PEnPLENviLSON•E AYSe h' Listen 3:15 Click here to listen to the marching band play. For the past few decades, Miami's historically black Overtown neighborhood has struggled with crime and poverty. Sharing in that decline was the Lyric Th eater l http: i f wwnh dvri etheatre.con4/1 , where figures like Sam Cooke, Aretha Franklin, Count Basie and Celia Cruz once graced its stage. The Florida Roundup LISTEN: Understanding Same -Sex Marriage In Florida fhttti:/f$nediad.puhlicbroadcastine.netLpiwirn/filesI201408!IMG 904.ipel Kids practice at the inaugural South Florida Marching Band Precision Camp in Overtown. The old theater, though, has a new vision and through kids programming, hopes to change the image of Overtown emblazoned in the not -too -distant memory of South Floridians. The inaugural South Florida Marching Band Precision Camp brought together t6o kids, most from South Florida, who, by the end of the week learned how to move together in synchronized patterns, weaving around each other, dancing, all the while, playing music from memory. "It's too fast," ab-year-old piccolo -player Asia Solomon jokes of the dancing. "It's like hit to the left, and hit it to the right and then like scoop -scoop, down up and then like dropping." The dancing, she says, was a lot harder than she was used to at Northwestern Senior High. South Florida Marching Band Precision Camp Solomon and the rest of the campers practice marching at Gibson Park in the shadows of I-95, the very structure that fragmented the community when it was built through the middle of Overtown in the 196os. Many residents moved away and the community still has not recovered. The campers got away from the hot afternoon sun during instrumental practice inside the Lyric Theater. "The Lyric is the center of culture and arts," says Timothy Bather, executive director of the Black Archives.(http://ti+tiAw.thehl3ciurchives.orr(1 "We definitely wanted to bring attention and recreate that music in Overtown, that beat of the drum that pulse that Overtown has had over the many years." Barber wants to harness some of the cultural cache that events like Art Basel and Wyriwood art walk have brought to other neighborhoods near Overtown and offer the neighborhood's own variety of the arts. He also has a longer -term vision for the Lyric Theater, though, and kids are a big focus. Kandla Pritchett is director of development for the Black Archives who helped organize the band camp. "To have these kids be able to come and practice and perform on a historic stage, walk the streets of a historic neighborhood, its kind of like we're tricking them into also participating in a basic living tour of historic Overtown," Pritchett says. Tricking kids, many of whom have heard of or seen coverage of Overtown's troubles aver the years, to see that the neighborhood has something to add to Miami. "A lot of them have been like 'wow it's not what I saw on TV,"' Barber recalls, "and that's what we want to do. We want to make sure that the kids, one, see the Lyric as a place to be and two, see the community of Overtown as a strong community." Asia Solomon is one of Barber's converts. She grew up thinking Overtown was dead and now hopes the band camp happens next year so she can attend. And maybe not just for band camp, hopes Barber and the other organizers of the camp, but for an art show or performance at the Lyric. Maybe even to perform herself at the monthly variety show Lyric Live, anything, as long as it's in Overtown. South Florida Marching Band Precision Camp - New Dance Moves Overtown f/ter-rn/overtusa-nl big band flterm/big-Hand) black heritage music c/termMack-heritage-mlisle) Lyric Theater C; tear /lyric -theater) news l'iteranfaretis^s-ol Related Content: • Coding in Miami Entreoeneur Brings Tech Education To Minority Students 1'oost'entrepsneur-brings- 0Comments WLRN Sort by Best he -"h scussioi'.. SST* newBs Ina11oc(s Be the first to comment. 2 Subscribe 0 Add Dtsqus to your site Privacy Youth Programs Offers Inner City Youths Professional Field Training Uoosucruorams- Login Share E± Favorite * E 1SQIJS • • 0 0 0 0 0 0 0 0 0 0 0 0000 --i1 Tfi1 -I IST°PIC LIPIC TtitilTtP-II1-I II111I -,- AMATEUR NIGHT/MONTHLY SHOWCASE r � L C LIME AfLLSTARSA Come and see previous winners compete to become the season -ending Grand Champion! PUT1CL EY1111TIC10EI501:LI`EItWid, 3 is ;cts ;1O, $i &$23 (eser+ September 5 I October 3 November / (Special Lyric Live Allstars Edition) F 'rro , STORIC LYRIC THEATER CULTURAL ARTS COMPLEX 119 NW 2ND AVE MIAMI, FL 3313E 305436a2390 I THE8LACKARCNIVES.ORG • * mocy S,M15.1ry3 CI -I/.. rv". ULE FGl)NUA1.'1Ght AMERICA'S BEST DANC SO fOR MORE INFORMATION VISIT: WWW.TH EBIAC KARC H 1VES.O RG THE HISTORIC LYRIC THEATER 819 NW 2nd Ave Miami, FL 33136 by *r3 416 i,.{:CM1 J StM <INS z.NA.lyrrAlll.ra rcxant7 w ttc % ADVANCE TICKETS AT: WWWFAMUSTRIICERS.FVENTORITE PHONE:305-636-2390 EMAIL: BAFi 1HEBLACKARCHIV[S.BRO WWW.THEBLACKARCHIVES.ORB THE BLACK ARCHIVES HISTORY Fr RESEARCH FOUNDATION PRESENTS FAMU STRIKERS DANCE TROUPE & MAHOGANY DANCE THEATRE'S ELEB RATING ;25.YEARS OFF' A ,ANCF C.+,ter _4, -.r ADVANCE TICKETS: Grand Stage Seating: $20 Orchestra $25 VIP Balcony $35 Event Parking $2 Located an NW 2nd Ave North Side of Bldg TICKETS AT: WWW.FAMUSTRIKERS.EVEHTBRITE PHONE:305-636.2390 EMAIL: BAFETHEBiACKARCHIVES.ORG WWW, T H E B LAC KARC H LV E S, O RO *rr oS 4trip 'I'l u L Lc NJ SIMKLNS C7 rnrtrrnntr: t`duR.tL,n rrON SATURDAY APRIL 26TH 2014 $PM THE HISTORIC LYRIC THEATER 19'NW 2nd Ave Miami, FL 33136 Dar:9n and layout by EYEVKBANrvcOM e OIN US FOR A LECTURE WITH N. D. 8. CONNOLLY: A WORLD MORE CONCRETE REAL ESTATE AND THE REMAKING OF JIM CROW SOUTH FLORIDA AT THE LYRIC THEATRE: 819 NW 2ND AVE, MIAMI, FL 33136 WEDNESDAY, SEPTEMBER 17T", 6:00 PM Oof the year's most anlicipolod works o iistor . A s1' i'!:„ oUers OP an arresting porrragal of Grecner Miami and the strtiggfe for racial and economic justice in the AmericoS during the Jim Cow era. The bock glares Black Miami a' the cenier of a wide; history of the United Stoles and the Caribbean. showing how landlords and other property owners in Brownsvii/e, Coconut Grove, Overlowrt and elsewhere Sot the terms for segrergolion and racioi violence in South Florida and beyond A Wu! ' r Mow r r rtVL, dernits how a vision uI 'r cedar it based un private property and growth became our dominant iundersrcrnc-ling of civil rights. N. D. B. Connolly is on Assis:lan?' Professor of Hosier[ a! Johns Hopkins. Universirg. His work explores Inc inlerpkag oi racism, capitalism, and American potties. i-le has written on the hislory Cal American properly rights, reef es!o'e. business, Iow, rho Jim Crow Soilih, and urban and suburban poi/lies. nfsirirt i Canmissianer Kelm I lordnrnnn .. riir w�.p.,A��xr:,crws WOW, SHCPS BOOS Boots UNIVERSITY OF MIAMI r:rrnrr.MCIVI & a)MrtrrNrrr, Nrnc;13Ml N r rf:_+N"h4 n: w s rR"iC'a` tz:%:,°" }r .S.S's ... ♦nt r n'Pr ." wr -rir: ,� ,q,.,. ^ .rt .' z'CR' t"+ .0 :,'^ j y':j 3: -i°f HOSTED BY THEUUIVERSITYOFMIAMI'SOFFICE OF' CIVIC 'AND COMMUNITYEN6AGEMENT AND COSPONSORED BY CRA CHAIRMAN KEON HARDEMON Miami Contemporary Dance Company and The Black Archives History & Research Foundation present Free Open House Sunday, September 21, 2014 2:00 — 4:00 pm at The Historic Lyric Theater 819 NW 2nd Avenue Miami, FL 33136 Free Dance Class 2:00 pm Kids ages 8 —18 on the Lyric stage Learn contemporary dance from professional dancers Wear comfortable clothes (Parents and family members are invited to watch the class.) Contemporary Dance Demonstration 3:0o pm Miami Contemporary Dance Company dancers take the stage Reception in the lobby Meet the dancers Knight Foundation MAI COUNT9t This program is funded by a grant from the James L. Knight Foundation as part of its Knight Arts Challenge and with the support of the Miami -Dade County Department of Cultural Affairs Council, the Miami -Dade County Mayor and Board of County Commissioners. M Ensemble Company h1 Partnership with The Bfaak Archie; fistory & 'r 'Besear h Foundation of South Ronda, In 1� 4MB.4Mh Presents ENSEMBLE COM PANY, INC. Presents Five Guys Named Mo November 13 — 30, 2014 at The Historic Lyric Theater A Man Among the Peaple: A Purvis Homecoming December 4, 2014— March 2o3.5 The largest exhibition of art from Overtown urban expressionist artist, Purvis Young. The Historic Lyric Theater 819 NW 2nd Avenue Miami, FL 33136 Phone: 786-708-4610 Email: baf®theblackarchives.org www.theblackarch ives.orci Free Admission Art Basel Weekend s5 thereafter CITY OF MIAMI COMMISSIONER KEON HARDEMON INVITES YOU TO EXPERIENCE AL,/ Wott 60 -, - 4e YOUNG PROFESSIONALS MIXER "THE GENERATION OF GREATNESS" FRIDAY, DECEMBER 5, 2014 HISTORIC LYRIC THEATER 819 NW 2ND AVENUE MIAMI, FL 33136 7:00PM-11:0OPM SALON STYLE EXHIBITION FEATURING "THE LIFE, ART, AND LEGACY OF PURVIS YOUNG" COMPLIMENTARY WINE & TAPAS VIP APPETIZER BUFFET CREATE YOUR OWN MASTERPIECE PAINTING CTRUC •' 14MZ RSVP TO HEADLINERWORLDWIDE30S@GMAIL.COM Cla rence, Below is an accounting of the remaining contractors to be paid from the MDC GOB retalnage for the Lyric Theater exp project. We are submitting to you conditional waiver and releases of liens that these vendors are prepared to sign once the receive the remaing balance. This will free and clear the Lyric Theater construction and paved to way to get the Re -Plat completed and Certificate of Occupancy. COMPANY REMAI Miami Stagecraft, Inc. $20,464,47 Stage lighting install Signarama $2,739.95 Lyric Theater Sign & building signage Tropical Glass & Construction Co, $1,665.00 Store Front Doors Florida Fence Co. $1,610.37 Construction Fencing Southern Fire Control $2,555.00 Fire Sprinkler System 5hindler Elevator Co. $1,428.75 Existing Elevator Repair Engineering Systems Technology, Inc. $4,726.00 Fire Alarm Install JJAS Doors, Inc $3,451,54 Internal Door Installation Gopherwood, Inc. $3,200.00 Project Management Jorrin & Associates $31,800,00 Architectural Services Mike Ritus $5,150.00 Project Management Stages Consultants, LLC $1.,600.00 Theater Consultants BETS, Inc, $3,500.00 Roof Installation Monitoring Best Roofing $3,290.84 Roof Installation Fisher & Dachs $20,000.00 Theater Consultants DrummerBoy Sound Productions $466.00 Theater Audio Install Beach Air $12,000.00 Mechanical Engineer CCEI, Inc. _.. .. $80,351.08 Contractor 200,000.00 CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT Thee undersigned lienor, in consideration of a final payment in the amount of 2 3. lc will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2nd Avenue, Miami, Florida 33136 Legal Description Not limited to P W WHITES RESUB OF BLK 36 P8 B-34 LOT 29 & N15FT OF LOT 36 LOT SIZE 40.000 X 110 OR 13766-92 0788 1 OR 14766-92 0788 DOP W WHITES RESUB OF BLK 36 PB 6-34 S10FT LOT 36 & N20FT LOT 37 LESS W7 .SFT THEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF BLK 36 PB B-34 W40FT OF LOTS 5, 12, 11, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 060 1060 OR 26894-1479/1474/1477 0509 18, Dated On ` l t- , 20LS Lienor's Name Business Name ` C- 0 4 'I Businedres By Title 2 4 r w-s--fie- Printed Name r` C& C-c-1 S 11-1 /' f-1 IN WITNESS WHEREOF,Di:LAX-1)'`"`:5 Lt has Is_ed this instrument to be executed by its 65 hA ,2015, • C Lw1 c.-' this I day of STATE OF FLORIDA COUNTY OF iamLIIa44o- );'-k=). tAD6Utlek, Thforegoing. instrument was acknowledged before me this , day of c 2015, by Ale. ---VI;) (>:�)1i-.c_,,.) as = of CSC, 1- `yf\A-11", { L?-- 4,4) , on behalf of the corporation. He/She is personally ki�o n to me or 1 produced WAL€SKA WOJCIAK Notary Public - State of Florida e My Coinm Expires Jul 2. 2017 O1'' 1"''PUBitie',"i ovi dPfO1.1 as identification. (SEAL) Note: This is a statutory form prescribed by Section 717.2CrStae dr1r 19Jta tleCti t.atirooEr x4 1996 a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. This release is conditioned upon the clearance of the check tendered in payment of the amount stated herein. if collected funds are not received by lienor upon deposit of the check tendered, this waiver and release is null and void. 'The undersigned upon payment of this draw and in consideration of the sum stipulated in this document, does hereby waive, release, remise, and relinquish the undersigned's right to claim, demand, impress or impose a lien or liens for all tabor and materials in place at the time of the execution of this release document. 'Each party is responsible for their legal tees and has no right to lien the subject project for any and all fees such as interest. CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount of $ 7r' c.) - va o will to the Black Archives History & Research Foundation of South FL, Inc, in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2"d Avenue, Miami, Florida 33136 Legal Description Not limited to P W WHITES RESUB OF BLK 36 PB B-34 LOT 29 & N1SFT OF LOT 36 LOT SIZE 40.000 X 110 OR 13766-92 07881 OR 14766-92 0788 OOP W WHITES RESUB OF BLK 36 PB B-34 S10FT LOT 36 & N2OFT LOT 37 LESS W7 .SFf THEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF BLK 36 PB 8-34 W4OFT OF LOTS 5, 12, 11, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601060 OR 26894-1479/1474/1477 0509 18, Dated On Lienor's Name Title._c,,j(CfC� Business Name p Lev' CC) r- Business Address ` ,1' - FU t' By %1t►' fJr. Y 't /�" ( a G; F ` 2, 2--.(/ 2— Printed Name cf: C c.#°� IN WITNESS WHEREOF, has_caused-th.is instrument to be executed by its this j' day of , 2015. STATE OF FLORIDA COUNTY OF Miami Dade The foregoing irlktrument was acknowl aged befo e me this t'// day of -4. v.-u :: . •- - A 3- 6 t_ 'r C.- "s`- 71 , � ''F'Z "- k t-1 S _ (/ ' tt- 3F 2,, on behalf of the corporation. /She is personal!+ known to me or has produced ' =y ; -:.••- 4,it( ' %� -` 11k NOTARY IfUBLIC, STATE OFF.flRIIDAfi 's" Note: This is a statutory form prescribed by Section 713.20 State of Florida (1996) Effective October 1, 1996 a person may not require a lienor to furnish a waiver or release of hen that is different from the statutory form. This release is conditioned upon the clearance of the check tendered in payment of the amount stated herein. If collected funds are not received by lienor upon deposit of the check tendered, this waiver and release is null and void. as identification. "The undersigned upon payment of this draw and in consideration of the sum stipulated in this document, does hereby waive, release, remise, and relinquish the undersigned's right to claim, demand, impress or impose a lien or liens for all labor and materials In place at the time of the execution of Ws release document - 'Each party is responsible for their legal fees and has no right to lien the subject project for any and all fees such as interest. CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount ofS31,800,Q0 will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for Iabor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2ndAvenue, Miami, Florida 33136 Legal Description Not limited to P W WHITES RESUB OF BLK 35 PB B-34 LOT 29 & N15FT OF LOT 36 LOT SIZE 40.000 X 110 OR 13766-92 0788 1 OR 14766-92 0788 OOP W WHITES RESUB OF BLK 36 P8 8-34 SIOFT LOT 36 & N2OFT LOT 37 LESS W7 .SFTTHEREOF LOT SIZE 30 X 103 OR 17054-152 0196 3 PW WHITES RESUB OF BLK 36 PB B-34 W4OFT of LOTS 5, 12, 11, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601060 OR 26894-1479/1474/1477 0509 18, Dated On January21., , 20 15 L.ienor's'Name .Silvia Jon -in . Title President Busiiiess?hame Jorrin and Associates,Inc ;-Business Addre.--�'1627 Brickell Avenue Unit 1906 Miami, FL 33129 By J Printed Name_ Silvia Jorrin IN WITNESS WHEREOF, has caused this instrument to be executed by its 2015. STATE OF FLORIDA COUNTY OF Miami Dade The foregoing instrument was acknowledged before me this by 5,V .aoi,-i as t)r.2.5;-r.) of r� rf. '1 / 1.:,c -a 44-&, is personally known to me or has produced Po( this day of 2-2, day of G �t;ury , 2015, , on behalf of the corporation. He/She „J:Fv as identification. RODRIGO 4 PENA Notary Public • Stale of Florida My Comm, Expires Apr 24, 2015 Commission N [6 87255 ,`NOTARY PUBLIC, STATE OF FLORIDA (SEAL) Note: This is a statutory fore prescribed by Section 71.3.20 State of Florida (1996) Effective October 1, 1996 a person may not require a iienor to furnish a waiver or release of lien that is different from the statutory form. This release is conditioned upon the clearance of the check tendered in payment of the amount stated herein. If collected funds are not received by liener upon deposit of the check tendered, this waiver and release is null and void. 'The undersigned upon payment of this draw and in consideration of the sum stipulated in this document, does hereby waive, release, remise, and relinquish the undersigned's right to claim, demand, impress or impose a lien or liens for all labor and materials in place at the time of the execution of this release document. •Each party is responsible for their legal fees and has no right to lien the subject project for any and all tees such as interest. CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAi, PAYMENT AYMEN7' The undersigned tienor, in consideration of a $_.%� t^C' '�' final payment in the amount of will to the Black Archives History & Research Foundation of South FL. Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, se furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property:lees or materials The Historic Lyric Theater 819 Northwest 2"4 Avenue, Miami, Florida 33136 Lega R W WHITES RESUB OF BLK 36 P8 8-34 LOT 29 & N15FT Description T35 LOT St limited 40 000 % I10 OR 13766-92 07B81 OR 14)6fi-9Z 0788 Opp to W WHITES RESUB OF BLK 36 P8 8-34 S10FT LOT 36 & NZOFT LOT 37 LESS W7 .5F7 THEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF BLK 36 PB B-34 W40rr OF LOTS 5, 12, 11, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 01 0103 060 1 26894-1479/1474/1477 0509 18, 060 OR ii T Dated On 'Si 1 rf t 1' j L.ienor's Nallte h� ;t�_ . - Title Business Name' Dustrtetti5 d ' -7�' ' Address t 7c ,A: LT i�'i� :1.1 Printed Name ` 1�,r`}"( j, IN WITNESS WHEREOF, has caused this in -trument to be executed by its ,( STATE OF FLORIDA COUNTY OF Miami Dade this day of The foregoing instrument was acknowledged before nie this 1 d 2015, by ✓Ct . ` J 7 /r IT(' .... as day of trJl , u�ir,'yof personally known to me or has produced - c_ , on behalf of the corporation. 3 `0 O l denfi --'--'--°��'�`=___as identifies //f 6/17/ Note: This is a statutes form Note:furnish a waiver Of statuto of lien that is be rectioState of Florida (1996 Effective Payment a{ the arnosrla stated herein. Is different iffer t from r m theare not received on October I' 1 46 a statutory loan. This release ism i person may not and void, surd by Ilenor u conditioned teen the clearance of the ch eon deposit of the ch--• t'The undersigned upon payment of this draw arid in consideration of the sum stipulated in this document, i re uh the undersigned's ngh€ t0 claim, rfemantl, impress a impose a l en ar Dens for all iatx>r and materlafs in tots reii qursh t e and esimoetdoes rn hereby waive, of the, rernlsC, arid P at the time of the execution of 'Each party is responsible ftrr then legal lees and has no right to lien the subject protect for any and all tens such as interest. ROTARY 1'L 3Lt(', 51';i7E OF -LORI ,A n 713.20 $FF pacj6 ••.,, ctti,,��� r{r�4tr( �``\‘ xx tendered, this waiver and release is null (SEAL, CONEI.TIONlAl_ WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lierrar, in consideration of a final payment in the amount of $ 1,600.00 will to the Black Archives History 84 Research Foundation of South FL, Inc. in said amount. waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2" Avenue, Miami, Florida 33136 Legal Description Not limited to P W WHnES RESUB OF BLK 36 PB B-34 LOT 25 & N15FT OF LOT 36 LOT SIZE 40.000 X 110 OR 13766-97 0788 1 OR 14766.92 0788 DOP W WHITES RESUB OF Bt.K 36 PB B-34 S10FT LOT 36 & N2OFT LOT 37 LESS W7 .SFT THEREOF LOT S171 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF UK 36 P8 B-34 W4OFT OF LOTS 5, 12, 13., 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 01 0103 0601060 OR 25894-1479/1474/1477 0509 18, Dated On January 3 s )(} a Lienor's Name Alec Stoll . Title Partner Business Name Stages Consultants, LLC Business Address"; 304 Grant Ave Highland Park, NJ Printed Name Alec scoli IN WlINESS WHEREOF, the company has caused this instrument to be executed by its duly authorized officer this 15r17 day of January , 2015. pe /‘' l) fi C4-64 NOT fRY PUBLIC, STATE OFF -IL -OW -PA- (SEAL) Aie-lA .Jek y c c�; Note: This is a statutory form prescribed by Section 71. 0 Slate of Florida 1144) Effective October 1. 1996 a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. This release is conditioned upon the clearance of the check tendered in payment of the amount staled herein. If cntiected funds are not received by Iienor upon deposit of the check tendered, this waiver and release is null and void. 'The undersigned upon payment of this draw and in consideration of the sum stipulated in this document, does hereby waive. release, remise, and reiinoumsh the undersigned's right to clans. demand, impress or impose a lien or liens for al labor and materials in place al the time of the execution of this release document. is STATE OF J Q Y,St_Li COUNTY OFI4 t :'t�,Iufir S(y The foregoing instrument was acknowledged before me this 15 day, of January 7015, by Alec Stoll as partner of Stages Consultants, LLC , on behalf of the corporation. He/She sonall known to met ; ;,,,t ,, -- _ —___ _-. -_as _identifcation.- HEATHER FISHER-STOLL f7 omrTi55ion a 2417087 N , , 'uhlic, State of New Jersey ,. y Commission Expires J February 08, 2017 'Each party is responsrhle for their legal fees and has no right to Ilea the subject project for any and all fees such as interest. CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the arnount of $ 3 L1 Q , 14 will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2nd Avenue, Miami, Florida 33136 Legal P W WHITES RESUB OF BLK 36 P8 8-34 L0129 & N15Description OF36 LOT SIZE 40.000 X 110 OR 13766-92 07881 OR 14766-92 0788 00P W WHITES RESUB OF BLK 36 PB B_34 514FT LOT 35 & N20FT LOT 37 LESS W7.5FT THEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF BLK 36 P8 B-34 W40FT OF LOTS 5, 12, 11, 14, 12,13,19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601060OR 26694-1479/1474/1477 050918, Dated On 4 t (p ,zo±c__ Lienor's Name Business Name T Business Address By 10 , Title Printed Name Urea lCSr IN WITNESS WHEREOF, has caused this instrument to be executed �--. Prat t� ,2015. this STATE OF FLORIDA COUNTY OF Miami Dade The foregoing instrument was acknowledged before me this dieI day of ,J es n v_ r�r 2015,by } as VP of ' Bps#0 117 e ► ' 1 aw "a..k „4S Notary Public Stele of Florida Dorothy L Barnes C. „01 MyCommiteton EEt23977 mod' Expires DS/22/201S as produced N1A on behalf of the corporation_GDShe is as identification- Y Note: This is a statutory form prescribed by Section 72 20 Sttate of Florida jF1 �Afectiv,October 1, 1996F a person maAL) not require a lienor to furnish a waiver or release of lien that is different from the statutory form. This release is conditioned upon the clearance of the check tendered in payment of the amount stated herein, If collected funds are not received by tlenor upon deposit of the check tendered, this waiver and release is null and void. 'The undersigned upon payment of this draw and in consideration of the sum stipulated in this document, does hereby waive, release, remise, and relinquish the undersigned's right to claim, demand, impress or impose a lien or liens for all labor and materials in place at the time of the execution of this release document. 'Each party is responsible for their legal fees and has no right to lien the subject project for any and al} fees such as Interest. 333K CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount of L.__ 20,0000.00 —_ will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FI., Inc. for the Historic Lyric (heater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2'd Avenue, Miami, Florida 33135 Legal Description P W WHITES RESUB OF BLK 36 P8 8-34 LOT 29 & N35FT OFLOT�36 LOT SIZE 40.000 X 110 OR 13766-92 0788 1 OR 14766-92 0788 OOP W WHITES RESUB OF BLK 36 P6 8.34 S10Fr LOT 36 & N2OFT LOT 37 LESS W7.5FT THEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF BLK 36 PB 8.34 W4OFT OF LOTS 5, 12, 13, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, EAU 01 0103 060 1060 OR 26894-1479/1474/1477 050918, Dated On _ January 21 Lienor's Name JOSHUA DACHS . 2015 , Title President Business Name FISHER DACHS ASSOCIATES, INC. Business A By Tess21 West 1 9th Street, 6th Floor, New York, NY 10011 IN f 5 WHtI of'. JOSHUA has cause this instrument to be executed _January , 2015. STATE OF NEW YORK COUNTY OF NEW YORK Printed Name JOSEPH MASTELLONE Chief Financial Officer DACHS of FISHER DACHS ASSOCIATES, INC. by its CHIEF FINANCIAL, OFFICER this 2lst day of The foregoing instrument was acknowledged before Inc this 21 st day of January, 2015. by IOSEPIi1Mil ASTF.I.I,QNE, as Chief Financial Wilma _ _.. FISHER DACHS ASSOCIATES. INC. , on behalf of the corporation. fie/She is personally known to me or has produces personally known to me as identification. ittGE T JONES 1!OTARYFt,. '.IC, STATE OF P;E°Wv^Ri, c )1J06077395 JUALIPEO IN NEWY-1RK C0 flY MYGOMMi5S:0N EXP'Fi S J LY8, 20Jd NOTARY PUBLIC. STATE OF NEW YORK (SEAL) Note: This is a statutory form prescribed by Section 713 20 State of Florida (1996j Effective October 1. 1996 a person may not requ re a lienor to tarnish a waiver or retease of lien I11d1 is different front the statutory form. This release is conditioned upon the clearance of the check tendered in payment of the amount stated herein If collected funds are not received by helot upon deposit of the check tendered, Otis waiver and rrlease Is null and void. 'The undersigned upon payment of this draw and in consideration of the sum stipulated in this document, does hereby waive, release remise, and relinquish the undersigned's right to damn, demand, impress or impose a lien or hens for all labor and materials m place althe time of the execution of this release document - 'Each party is responsible for their legal fees and has no right to lien the subject project for any and all fees such as interest CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount of S will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2nd Avenue, Miami, Florida 33136 Legal Description Not limited to P W WHITES RESUB OF BLK 36 PB B-34 LOT 29 & N15FT OF LOT 36 LOT SIZE 40.000 X 110 OR 13766-92 0788 1 OR 14766-92 0788 00P W WHITES RESUB OF BLK 36 PB B-34 S1OFT LOT 36 & N2OFT LOT 37 LESS W7 .SFT THEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF BLK 36 PB 8-34 W4OFT OF LOTS 5, 12, 11, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601060 OR 26894-1479/1474/1477 0509 18, Dated On 1 — . 20 $�7 Lienor's Name \ \' CID C� }�� `I , Title e Business Name,, _ \\"\ \pAk-7-1. Busing Address By CDAVtAacIE IN WITNESS WHEREOF, Printed Narne ‘1„, t D C has caused this instrument to be executed by its this day of , 2015. STATE OF FLORIDA COUNTY OF Miami Dade The oregoing instillment was ckno wledged before me this 2 ^fi day of Tan 2015, by 3`OC 1 /r' - Q of personally known to me or has produced /L,(j e S „ as identification. Cfiy"t ' , on behalf of the corporation. HeiShe is NOTARY PUBLIC, STATE OF FL.c.) DA (SEAL) Note: This is a statutory form prescribed by Section 713.20 State of Florida 11996) Effective Octoti r, 1996 a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. This retease is conditioned upon the clearance of the check tendered in payment of the amount stated herein. If collected funds are not received by lienor upon deposit of the check tendered, this waiver and release is null and void 'The undersigned upon payment of this draw and in consideration of the sum stipulated in this document, does hereby waive, release, remise, and relinquish the undersigned's right to claim, demand, impress or impose a lien or liens for an labor and materials in place at the time of the execution of this release document 'Each party is responstb}e for their legal fees and has no right to Lien the subject project for any and all fees such as interest. CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienar. in consideration of a final payment in the amount of 1,2 r7 t] ..3 0 will to the i31ack Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Iiistorlc lyric Theater Expansion. to the Ibllo+ping described property: the Historic Lyric Theater 819 Northwest 2nd Avenue, Miami, Florida 33136 Legal Description Not limited to P W wI iTES RESUB OF BLK 36 PB 0-34 LOT 29 & H15FT 0T LOT 36 LOT SIZE 40.000 8 110 OP. 13766.92 0788 1 OR 14766-92 078800P W WHITES RESUB OF BLK 36 PB 8.34 S10f1 LOT 36 & N?0FT LOT 37 LESS W7 _SFr THEREOF LOT SIZE 30 X 103 OR 17064 -152 0196 3 PW WHITES RESUB of BLK 36 OB B 34 W4OFT or LOTS 5,12, 11, 14, 17, 13, 19, 22, 27, 30, 35, 3B, 43, 46, 8AU 010103 0601060OP, 26894-1479/1474/1477 0609 18, Dated On rt'�(l /1-j� Lienor's Marne _// / /t1 7 , Title 13usiness Narne Business Address I 7_7 ,l i. ` ,/,1 '1i} e By t~ / Printed Name z2uC _-2;L c� rE r,�r�. IN WITNESS WHEREOF. /7 has ca,l.lscd this instrumcnt to be executed by its 4AR this 76' day of $ / 4 U. J t` 1L< . 2015. STATE OF FLORIDA COUNTY OF Miami Dade The foregoing instrument was ackn a•ledged bEfore me this day of 2015, by /' ? G� f/� -_ �r of , on behalf of the corporation. He/She is personally known to Inc or has produced )',,,131-.€ ✓' CO Y 4 as identification. - Golding 7L'.5 NOTARY 1'11 1 )F FL.ORIDA (SEAL) Note Thn as a statutory 6orm prescnbed ion 711 24 State of rW '.a �Heta. a October 1,1996 a person may not (equate a hence to iurntsh a waiver Or release, of lien that is different Tram the statutory form. This relea corr4aroned upon the clearance of the then tendered in payment of the amount stated herein. If collected funds art not re[evcA by keno' upon depose of the cheCt6 tendered, this waiver and release is null and vosd 'the. under%ivied upon payment Of this draw and in consideration of the sum shpulated to this document, does hereby waive, release, remise, and i rN nquish the undersigned's right to dam:, demand, vnpress or imposes Tenor hens tor all Tabor and materials in place at the lime of the execution of I Eiil release document 'Lash pally is respomibte for rhea lags. ices and sax no Ugh to hen the sub(nri o'o}nrt lot any and ale lees such as interest CONDITIONAL WAIVER AND RELEASE OF LIEN UPC)' FINAL PAYMENT The undersigned lienor, in consideration of a iinai payment in the amount of b80 35J.O8 will to the Black Archives History & Research Foundation of South FL, inc. in said amount, waive and fully release its lien and right to claim a lien including lawsuits against for labor, services or materials furnished to The Black .Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the Hallowing described property once above payment is received: The Historic Lyric Theater 319 Northwest rd Avenue, Miami, Florida 33136 Legal Description Not limited to P R+WHITES RESUB Of BLx 36 p8 g_341uT 29 w >vttrT'E & N15.FT OF LOT 36 LOT SIZE 40.000 X 110 OR 13766-92 0788 1 OR 14765-92 0788 00P 5°�$ OF BL 36 Pt3 8.34 S1()FT L.OT 35 & NZOFT LOT 37 LESS W7 -SfT T!-4EREOF LOT SIZE 30 X 103 OR 1706.4-152 0196 3 PW WHITES RESUB OF 81K 36 PR r3-34 W4OFT OF LOTS 5, 12, 11, 14, 12, 13, 19, 22, 27, 3D. 35. 38, 43, ,46, rAu 01 0103 060 10410 OR 226394-1479f3474?1477 0509 18, Lienor'Sarr1:. Dated On w1_'L If fJ ?O , tat A Business Name( ( Cfr i Ci i_'1 I-. _C.6,4 Business Address%. _ _; t-) _4;) By , Title I r L4 i d\] . Printed Name '. ;r f '- (5 IN WITNESS \VHEREOF, has caused this iynstrurnent to he executed by its 2O15. STATE OF FLORIDA COUNTY OF Miami Dade 1139. foregoing meta near was ack wledged h orc the t115.by%_7 f 'fr '.day of 111isZiay tsi `r; j (t _c„, tin behalf of the corporation. He She is personally-Tcnaw€T to me or has produced -/-; . - -- - - -- as identification./ r°�i.D.t r4 ..•,��:. tATA1dtAAl.aig MY 00f& ISSION 1 EE 173550 EXP€RES: February 27.2015 S1.-icisJ r1t kw. tie/ r r1 Note: TN, i a NCTAR4 PUBLIC', STATE OF FLORID3A i^ statutory form prescribed by Section 713.29 State of Florida r1.996I Effectn,e October 1. 1996 a person may no (SEAL) a iienor to fsxrish a Waiver or release of lien that is different from th a stmurrtry form This release .: cond,a;c,nec upon the: c€edran:e of the check tendered an [ta•rment or the amo:.ret stoted he.Ctr 1 r.� :inc., void i acred (wads are nu- rweived by boner upon deposit of tine d-.eck tendered, this waiver andrelease is null `The undersigned upon payment of this draw and in consideration of the sum strputated in this document. does hereby wave, release, remise. a,"ad relinquish the undersigned's right to claim, demand, impress or imposed lien or liens for al! tabor and materials In place at :lie time of the execution 01 tilts release document 'Each party is rasp iiibte for their legal fees and has no •rght to ire' the ' b ^s� an .' 1 p'DI!'CT for anY 43 Rf? firs °.a: t:'• 45 intcr•"S;- IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA IES COMMERCIAL, INC. CIRCUIT CIVIL DIVISION Plaintiff, CASE NO.:1 1-] 7974-CA-04 vs. THE BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. AND CONTEMPORARY CONTRACTORS & ENGINEERING, INC., Defendants. f NOTICE OF DROPPING PARTY WITH PREJUDICE Plaintiff. IES Commercial, Inc. ("IES") pursuant to Rule 1.250(b) of the Florida Rules of Civil Procedure hereby places all parties on notice that it is dropping The Black Archives, History and Research Foundation of South Florida, Inc. as Defendant in this case with prejudice. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a copy of the foregoing was served this 3"' day of December, 2014 via the Florida Courts E-Filing Portal and, where noted, by first class postal mail to those listed on the attached service list. THE BARTHET FIRM Attorneys for 1ES Commercial, Inc. 200 South Biscayne Blvd.. Suite 1800 Miami, Florida 33131 (305) 347-5290 phone prowell@barthet.com ALEXANDER E. BARTHET Florida Bar No.: 173126 PETER B. ROWELL Florida Bar No.: 0017600 SERVICE LIST Anne M. Rose, Esq. Reginald Clyne, Esq. Clyne & Associates, P.A. Lydecker, Diaz, et. al. Quintairos, Prieto, Wood & Boyer, P.A. reginald.clyne@qpwblaw.com serviees@clynelegal.com arm a{?clynelegal.corn cxr(rclynelegal.com rjc@lydeckerdiaz.com anirr lydeckerdiaz.com Michael E. Stearns, Esq. Stearns, Roberts, & Guttentag, P.A. 1000 Sawgrass Corporate Pkwy Ste 552 Fort Lauderdale, Florida 33323 nn e s (4 stearnsro berts. cern rn vtn(if stearnsroberts. corn Case No.: 1 1-17974-CA-04 PREPARED BY: Alexander E. Barthet The Barthet Firm 200 S. Biscayne Blvd #1800 Miami, Florida 33131 SATISFACTION OF LIEN AND DISCHARGE OF LIS PENDENS STATE OF TIE S COUNTY OF % ,S KNOW ALL MEN BY THESE PRESENTS: That TES Commercial, Inc., holder of a certain Claim of Lien filed against the property described below in Miami -Dade County, Florida, alleged to be owned by: The Black Archives History and Research Foundation of South Florida, Inc., 5400 N.W. 22' Avenue Building C, Suite 101 Miami, Florida 33142 recorded on the 7th day of April, 2011 in Official Records instrument I201 1 R0224981, Official Records Book 27645, Page 2456 in the Office of the Clerk of Miami -Dade County, Florida, which claim of lien was partially satisfied by recording of the partial satisfaction of lien at CFN 20120414112, Book 28146, Page 2437, in addition, Lienor recorded and hereby discharges a Notice of Lis Pendens in at Book 27720, Page 3772 in the offices of the Clerk of the Court of Miami -Dade County, Florida in the case styled IESCammercial, Inc. v. Black Archives, et. al., Case No.: 1 1-17974-CA-04 with respect to the property described as: 819 N,W. 2°d Avenue Miami, Florida; Lot 29 and the North 15 feet of Lot 36, of P.W. WHITE'S RE - SUBDIVISION OF BLOCK 36, NORTH in the City of Miami, according to the map or plat thereof, as recorded in Plat Book "B,,, at Page 34 of the Public Records of Dade County, Florida and further described in that certain Notice of Commencement recorded in the Public Records of Miami -Dade County in Official Records Book 27197, Page 3750 and that certain warranty deed recorded in Official Records Book 13766, Page 92 and incorporated herein by this reference, does hereby acknowledge full satisfaction of said Claim of Lien and fully discharges said lis pendens. IES hereby directs the Recorder of Deeds to satisfy se' lien of record and discharge the lis pendens. WITNESS my hand and seal this � ay ofNe'.errrtstrr, 2014. Lienor: IES , Inc. 13Y: Agent The foreoing instrument was acknowledged before me this /eXe day of 642[}14 by -�rx- AFerci:'a'l who is personally known to me as idc„tifik,utitm) and who did take an oath. NOTAR JTUBLI BETTY PURYEAR "lis Notary Publlo, State of rexoa ° 1 My Commtsston Expires �,°';� Aprlt 29, 2016 IN THE CIRCUIT COURT OF THE I1Tl:i JUDICIAL CIRCUIT IN AND FOR 'MIAMI- AD COUNTY, FLORIDA TES -COMMERCIAL, INC. CIRCUIT CIVIL DIVISION Plaintiff', VS. TIT BLACK ARCHIVES, fISTORY AND. RESEARCH FOUNDATION op SMITH ELORIDA, INC: AND. CONTEMPORARY CONTRACTORS & ENGINEERTNC, Ib1G;, Defendants. CASE .NO„ 11- I7974-CA-04 ISETTIMYIENT AGR,EKMENT MS Commercial, Inc. ("Plaintiff" or "IBS') has asserted claims against The BIaack Archives, History and Research Foundation of Seta!) Florida, Inc. ("Black Archives" or `'Dofendatit") related to certain unpaid electricallabor, materials arid supplies in the above styled matter and the Black .Archives has asserted various defenses thereto (IBS and The Black Archives aro from time to time referred to herein as "the Pariles). TES and the Black Archives wls ta hilly. resolve the disputes !between them .as. to IF,S' goopo-of work related to the:matter; including but not Iinsited•to, any disputes that could have been brrsnglat i?etwcett and in the above. styled lawsuit, and the construction PrOject:rnbra specifically desaribed in the:pleadings :herein :(hereinafter collectively the,'`Iviattcr't), For good and valuable consideration :and subject to cr mpiete, full, and timely satisfaction orthe terms and conditions of this;Agreement, the parties agree as follows; 1. As of the date herein, the Defendant, The Black Archives' has delivered $10,000.00 to the BartJiet Firm in furtherance of settlement in this matter ("Seitlemerjt Hinds"). The Settlement Funds are being held by The'Bgrthet Firm, in .trust. Upon full execution of this a8reement by all parties and coir'tpletion of the conditions described in Paragraph 4, below, the Settlement hands will be distributed to IBS. 2 Subject, to the conditions of this ,Settlement Agreement occurring in full, Plaintiff does,hereby releaset.cancel, forgive and .forever discharge Defendant, The Black Archives and its respective parents, subsidiaries, ageing, employees; attorneys, and insurers from all actions, I}?S Commercial, Inc. / The Black :Archivres -- Settlement Agreement claims, demands,. damages; obligations, liabilities, controversies and executions, of any.kitid whatsoever, whether knewii or unkno vn, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of the Matter and any arbitration related thereto: 3. Subject to the co iditiotxs of this Settlement Agreement pccarring In full, Defendant, The Black Archives does hereby release, cancel, .forgive and forever discharge Plaintiff and its"respee ive parents_ subaldiarics, agents, employees, and insurers front allections, claims, 'demands, datx gos, defenses, .lien defenses or claims under Fie. 'S'tat. ;iliap. 713, obligations, liabilities, edntiterblaitns, coritroveisies and executions,, of any kind Whatttever, whether:known or unknown, Whether suspected or.not, whieh.have arisen, or may have arisen, or shall arise .by reasonof'the Matter. 4. Within 1.0 days of the complete execution of this Settlement Agreement, IRS will execute, file, and serve a Notice of bropping.the Black Archives from the above styled lawsuit with prejudice with each party to bear its own fees and ensts'and record a satisfaction of lien with regard to the lien atissue herein. 5. This Settlement Agreement shall be binding upon all parties to this Agreement, and their •successors and assigns and shall inure to the parties' benefit .and to that of their respective directors, officers., employees, attorneys, .representatives; insurers, suppiietsl distrib'ut,rs, agents'and. any of their pastor present parents, subsidiaries; af''liat.es, divisions, or other. oxganizational units: of any kind. 6. This Settlement A,greernent shall be governed by the laws of the State of Fioriaa. The parties to this Agreement acknowledgethat this Court has jurisdiction over the subject matter of:tllls action and over each .of the parties Millis Agreement, and venue is proper before this Court. This Cot `shall rot in jildsdiciibn toonferce the terms of:this.Agreement. 7. The parties to this Agreement shall be responsible for their respective attarney's fees incurred and any and :till costs associated with arty claims that Were made or could.have been, made in the above.styled case. 8. The parties to this Settlement Agreement acknowledge. and agree .that this Agreement is voluntarily entered into. byall parties hereto. All reference to days in the Agreement shall mean calendar. days. 9.. This Settlement Agreement and any proceedings taken hereunder are not intended and shall not in any event be construed as, or deemed to be, an admissibn or corice$sion or evidence of atiy liability of any wrongdoing whatsoever on the part of any parry to this 2 IES Commercial? Inc. / The BIack,Arehives — Settlement Agreement Agreement. The parties hereto specifically disclaim grid deify any liability or wrongdoing whatsoever with respect to the allegations and claims asserted against them in this action and enter iriia this Settlement. Agreement solely to avoid the farther expense, inconvenience, and uncertainty of further litigation, Purtl er, this Settlement Agreetnciat has been entered into by the parties hereto in good faith and for settlernent>putpeses only. Neither this Agreement; nor any evidence of negotiations hereunder, shall by offered or: received in .evidence in this notion, or any other action or proceeding, for arty purpose other than in ari•action or proceeding,arisiiig:under this: Agreement. 14... The parties to this Settlement Agreement and their attorneys agree to. USc' their best effort® and to cooperate with each other to cause this Settlement Agreement. to bcconie. effective, and to take such other action rif prepare and execute any reasonably necessary document as may by appropriate in connection. therewith. This Agreement Maybe signed in counterpart and a.• copy or fax Shall constitute an Original. 11, This Agreement constihttes the full and entire agreement 'and understanding between the parties with respect to the subject matter hereof, and there are no agreements, representations or warranties except as specifically set forth herein, All prior settlement discutsi n s, negotiations, letters, demands and writings of any kind are .fully gierged into this Agreement and are to be construed to be of no further force pi effect,, it being the intention of the parties that this Agreement shall actve as the sole and entire expression oftheir atgeeltent and understanding on the issues discussed herein. This Agreement may not. be amended or.modifled except by an 'instrument in writing signed by the :party against who enforcement of such amendn'rent or modifioation•is sou, ht. 12. Nene of the parties tck this Settlement Agreement shall be considered to be the drafter of end Agreement. or any provision hereof, for the purpose of any statute,_ case law, or rule of interpretation/construction that 'would. or might cause any provision hereof to be construed against the drafter of this Agreement. 13, The parties acknowledge that they have.. reviewed this Agreement and have had the opportunity to. obtain the advice .ofcounsel oftheinehoice prior to exectrtiii;g`this•Agreerrrent. ] 4, The parties represent and warrant that none of the clairne -referenced in this Agreement have been assigned, transferred or otherwise conveyed to any other person or. entity. 15. The individuals below represent and warrant that they are duly authorized to bind their respective entity to the terms' hereof CONDITIONAL WATVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount of $ 20,464.47 will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and fight to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc, for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2rdAvenue, Miami, Florida 33136 'Legal Description Not limited to P W WHITES RESUB OF BLK 36 PH 8-34 LOT 29 & N15FT OF LOT 36 LOT SJZE 40.000 X 110 OR 13766-92 07881 OR 14766-92 0788 OOP W WHITES RESUB OF BLK 36 PB B-34 51OFT LOT 36 & N20FT LOT 37 LESS W7 .5 FT THEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF BLK 36 PB B-34 W4OFT OF LOTS 5, 12,11, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601060 OR 268941479/1474/1477 0509 18, Dated On January 16 2015 Lienar's Name John S. Welsh , Title V. P. Business Name Miami Stagecraft, Inc. Business Address 2855 East 1 1 th Avenue Hialeah, FL 33013 By i-'-- ~Tinted Naive i)Ot`t IN Vv ITNESS WHEREOF, has caused this instrument to be executed by its V.P. this 16 day of January , 2015. STATE OF FLORIDA COUNTY OF Miami Dade John S. Welsh The foregoing instnunent was acknowledged before me this 16 day of Jarru ary 2015,by John S. Welsh as V.P. of Miami Stagecraft, Inc • , on behalf of the corporation. He/She is personally known to me or has produced n / a as identification. NOTARY PUBLIC, STA 9F- /RIDA (SEAL) Note: This Ise statutory form prescribed by Section 713,20 State of Florida (1996J Effective October 1, 1996 a person may not require a Henor to furnish a waiver or release of lien that Is different from the statutory form, This release is conditioned upon the clearance of the check tendered In payment of the amount stated herein. 3f collected funds are not received by honor upon deposit at the check tendered, this waiver and release Is nulG and void. P ANDREW MARTIN MY COMM1SSION # 0E201333 EXPIRES: May 23, 2016 "The undersigned upon payment of this draw and In consideration of the sum stipulated in this document does hereby waive, release, remise, and relinquish the undersigned's right to claim, demand, impress or impose a lien or liens for all labor and materials In place at the time of the execution of this release document« •Each party is responsible for their legs/ fees and has no right to lien the subject protect for any and all fees such as Interest. CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount of $ -, -7 39 tqs- will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History 84 Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property; The Historic Lyric Theater 819 Northwest 2' Avenue, Miami, Florida 33136 Legal bescriptfon Not Ilrnited to P W WHITES RESUB OF BLK 36 P6 B.34 LOT 29 & N15FT OF LOT 36 LOT SIZE 40.000 X 110OR 13766-92 07861 Oli 14766-92 0788 00P W WHITES RESUB OF BLK 86 P8 B-34 S10FT LOT 3.6 & N2OFT LOT 37 LESS w7 .SFT THEREOF LOT SIZE 30 X 103 OR 17064-132 0106 3 PW WHITES RESUB OF BLK 36 P& 6.34 W4DFT OF LOTS 5,12, 11, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601060OR 26894-1479/1474/1477 050918, Dated On r� 16 , 20 TAU 1~ r<) V 5e1` —ia, ,1 Business Name �u Lienor's Name Title &e Busip Ad ess ZS"y2, St,) q $ 5 4 ee4- 4r (I-Yd-r-rf.",r ] fir..) 1 pi i ,ay.� l 1 (.ty 3 3 r $c, By Printed Name f' i tL.-z¢}' iv..-c>xc 7 IN WITNESS WHEREOF, A L' i<1 ci f- 4"LO 1'1 has caused this instrument to be executed by its JT .se c P this f L , day of `4'--7 - , 2015, STATE OF FLORIDA COUNTY OF Miami Dade The foregoing instrument was acknowledged before me this [ . day of T;G ti 2015, by ea), Jc .40, as ()Oat004.Yr' of SIGi &it A3 !4- .{o4•. , on behalf of the corporation, He/She is personally known to me or has produced Z7c-- as identification. f F room M. t,A9F1ADOt; IV COMMISSION 1 FF 142m6 • EXPIRES: Match 11, 2018 NO ARY PU:L1C, .TATE OF FLORIDA ''�a 4SL�A Thru kdaelf4alarya«rke► Note: Th5s is a statutory form prescribed by Section 71 20 State of 'pride (19 6) Effective October 1,1996 a person may not require a lienorto furnish a waiver or release of Ilen that IS different from the statutory for • , T time Is conditioned upon the clearance of the check tendered In payment of the amount stated herein. If collected funds are not received by renor upon deposit of the check tendered, this waiver and release is null end void, "The undersigned upon payment of this draw and In consideration of the sum stipulated In this document, does hereby waive, release, remise, and relinquish the undersigned's right to claim, demand, Impress or impose a lien or Hens for all labor and materials In place at the time of the execution of this release document. "Each party is responsible for their legal fees and has no right to lien the subject project for any and all fees such as interest. CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersi ed lienor, in consideration of a final payment in the amount of $_ . OC' will to the Black Archives History & Research Foundation of South 11, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished —to The .Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2nd Avenge, Miami, Florida 33136 Legal Description Not limited to P W WHITES itE5U3 OF BLK 36 PB 3-34 LOT 29 & tr15FT OF LOT 36 LOT SIZE 40.000 X 110 OR 13766-92 07881 OF 14766-92 0788 00P W WHITES RESUB OF BLK 36 PB B-34 S1OFT LOT 36 & N2OFT LOT 37 LESS W7.5FT THEREOF LOT SIZE 30 X 103 OR 17064-152 0.196 3 PW WHITES RESUB OF BLit 36 PB 8-34 W4l7FT OF LOTS 5,12,11, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FALI 01 0103 0601060 OR 26894.1479/1474/1477 0505 18, Dated Oii , 20 \ Lienor's Name � , Title Business Name Business Address 1. —Printed Name IN WITNESS \ 1 REOF, " has useel this instrument to be executed by its // ,,,y this /' day of z-�l% � , 2015. STATE OF FLORIDA COUNTY OF Miami Dade The �foregoing,instr mei was acknowledge i be je me this /:( day of (• ,�:�� . 2015, 13ye/ y",Y �f � 21S 9' 1 s1.-- of 4146Cater /Is ' t,,z fi> i' , on behalf of the corporation. He/She is --- as identification, personally known ® me or has produced NO2 'AY PUB t..t , S rA FE OF FLOM' Note: This is a statutory form prescribed by Section 713.20 Slate of Florida 11996) Effective October 1, 1996 a person may not require a fienor to furnish a waiver or release of lien that is different from the statutory form. This release 15 conditioned upon the clearance of the check,tendered in payment of the amount stated herein. If collected funds are not received by ilenor upon deposit of the check lcndr-.red, this waiver and release is null and void. Notary Public State. of Florida Eugene R Lomerdo —kay-Boftirnisaion 6E125753 �rrrr4r1 Q 11r29/2015 'The undersigned upon payment of this draw and In consideration of the sum stipulated in thls document, cites hereby waive, release, remise, end relinquish the undersigned's right to claim, demand, Impress or impose a Ilen or liens for all labor and materials in plsee at the time of the execution of this release document. 'Each party is responsible for their legal fees and has no right to lien the 5u bject prpjeci for any and all fees such as interest. CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The nd si fed I ienor, in consideration of a final payment in the amount of $ iL(;- OD will to the Black Archives History & Research Foundation of South FL, Inc. irt�said amount, waive and fully release its lien and tight to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2"d Avenue, Miami, F3orfda 33136 Legal Description Not limited to P ytr WHITES RESUB OF BLit 36 Pe B-34 LOT 29 & N15FT OF LOT 36 LOT SIZE 40.000 X 110 OR 13766-92 0788 1 OR 14756-92 0788 ODP W WHITES RESUB OF BLIC 36 PB B-34 51AFT LOT 36 & rd20FT LOT 37 LESS W7 .5FT THEREOF LOT SIZE 30 )X 103 OR 17064.152 0196 3 PW WId1TES RESUB OF BL<C 36 PB B-34 W4OFT OF LOTS 5,12, 11,14, 12, 13,19, 22, 27, 30, 35, 38, 43, 46, FAt) 010103 0601060 OR 26894-1479/1474/1477 0509 18, Dated On STATE OF FLORIDA COUNTY OF Miami Dade The ore_oing instrui .ant was acknoyldged be ore me this day of �a .�>s f� of , on behalf of the corporation. He/She is as identification. F4Y pyt. AftioaA L GRl{t0 a rF �7 C• ¢ MYCDINelf5SioNFEEE52121 . E"XPTES: Nomr6at 15, 2016 C F C L- $O4;F,0 Thril BcL;sl �i Se ro NOTARY PUB G, STA P OF F D1tI ? (SEAL) Note: This Is a statutory form prescribed by Section 713.20 State of Florida {1996) Effective October 1, 1996 a person may not require a benor to furnish waiver or release of ilen that is different from the statutory forth. This release is conditioned upon the clearance of the check tendered in paymel t of the amount stated herein, Ifcoiiected funds are not received by lienor upon deposit of the check tendered, this waiver and release is null and voi ✓� .20/5 Lienor's Name t1Lft)JT /7 cn , Title Business Name Business Address By TM v. 3& Printed Name j ' .,, ki /A IN WITNESS S1wI'r1 WHEREOF,ayvw .�,i ha used this instrument toe executed by its 2015. this 1 ' day of pers. nali lino to me or has produced "The u dersigned upon payment of this draw and in consideration of the sum stipulated in this document, dues hereby wive, release, remise, and relFnqui h the undersigned's right to claim, demand, impress or impose a lien or liens for all labor and materials in place at the time of the execution of this rel-. se document. 'Each p: rty Is respansfble far their legal fees and has no right to lien the subject project for any and all fees such as interest. CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT Tbe undersigned lienor, in consideration of a final payment in the amount of $ \ 4 2. 5) , 1c will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claitn a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 81.9 Northwest 2"d Avenue, Miami, Florida 33136 Legal Description Not limited to. P W WHITES RESUB OF BLK 36 P8 8-34 LOT 29 & N15FTT OF LOT 36 LOT SIZE 40,000 X 110 OR 13766-92 07881 OR 14766-92 0788 OOP W WHITES RESUB OF BLK 36 PB B-34 S1OFT LOT36 & N20FT LOT 37 LESS W7 ,SFr THEREOF LOT SIZE 30 X 103 OR 17064-152 01953 PW WRITES RESUB OF BLK 36 P113-34 W40FT OF LOTS 5,12,11, 14,12, 13,19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601060 OR 26894-1479/1474/1477 050918, Dated On ` E Lienor's Name , Title Business Name - .ddr'es By iNUe.y/ Printed Nance ..<•. tf,.- IN WITNESS WHEREOF, has can this instrument to be executed by its T. , 2015. STATE OF FLORIDA COUNTY OF.MiamiD►ade- c. .C6 R-1- qc-1 (LI- c - this fc* day of TJa f• oregoing instrument was acknowledged before me this v day of ._:--' 2015, by k„ti� ' f7 .—i.-•t.,.-, as ems-i of cC., On • '4f',k- -i,-, ` . 0. r r:../., , on behalf of the corporation. He/She is personally known to t_liesthas produced as identification. .r ' 5s 'Vpt'•i WALESKA WOJGIAK i _•` �'+' Notary Public - Stale er Fiorhda 1 / 1 ;s; :�; so I My Comm. Expires Jul 2, 2017 1 1tO iPa., I UBii*., Ijtmel. 0 w'1:!/ (SEAL) Note: Note; This~ls a statutory form prescribed by Section 7f 2CTStgr d7fidtidrw9bf ttteeisvetrecotrer 1996 a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. This release is conditioned upon the clearance of the check tendered in payment of the amount stated herein. If collected funds are not received by lienor upon deposit of the checktendered, this waiver and release is null andvold. 4The undersigned upon payment of thls draw and in consideration of the sum stipulated in this document, does hereby waive, release, remise, and reilnquhsis the undersigned's right to claim, demand, impress or impose a lien Or liens for all labor and materials in place at the time of the execution of this release document 'Each party is responsible for their legal fees and has no right to lien the subject project for any and all fees such as Interest. CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned fierier, in consideration of a final payment in the amount of S `$ 12 G will to the Bla k Archives History & Research Foundation of South FL , Inc. i n said amount, waive and fully rely its Berland right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion; to the following described property: The Historic Lyric Theater 814 Northwest 2"° Avenue, Miami, Horida 3313fi Legal Description Not limited to P W WHITES AESU B OF BLK 36 PB B-34 i.OT Z9 & N15FTOF LOT 36 LOT SIZE 40.000 X 110 Olt 13765-92 0713310R 14766-92 6788 OCP W WHITES RFSUB OF BIJC 36 P8 6-34 S10F1 LOT 36 & N2OFT LOT 37 LESS W7 .SFTTHEREOF LOT S17E 30 X 103 OR 17064452 0195 3 PW WitIT4S RESUB OF BIS 36P8 B-34 W4OFT OF LOTS 5, 12,11, 14,12, 13, 19, 22, 27, 30, 35, 36, 43, 46, FAU 01 0103 06010ft3 OR 26994-1479/147411477 0509 IS, Dated On 1kW + , 20G15 Lienotas Name C. V l Q , Title ? v,2 5 t cko s, Business Name Business, By Printed N rat ee V- ZA tie SS WHEREOF, P—"Art e A-. ha caused this instrument to be executed by its , 2015. STATE OF FLO t.,rA COUNTY OF Miami Dade day of The foregoing instrrame t was admowledgecnbeforeme this 1111,rlay of 2015, by .h•.se _ as ?viA. of w ' +r r, personaliy knd''(m to me or has produced dM7.a �AtRtldl�iitata.- ! of Florida •I My Comm, E1xpIfn May 15, 2016 �1' '!'- Commission 0 FF 034601 1/ JlN a ,i •i*% BoreWl ibaughiistdlNdxyAssn NPYPt$LTC,STATEOF ORIDA (SEAL) Note: Th€s Is a statutory ram prescribed by.satin 713.2e State f Florsda f z99t» :LLecttre •�{• 3,106 a prawn may not rewire a tenor So furnish a WdIva or release of Den that Ss different fram the eta .ry farm. Tilts release Is co iJdltioned upon the oleemn0etarthe than tendered €n payment cdthe ;semen stated here€n. if ceiretted fonds are net received by !tenor upon deposit arthe checktendered,this Waiver and release u nu'! andvcld 'The undetttrgnda upon payment of this draw and In con:kieratinn or the sure strpdated In this dacurrier3, does hrrebp waIsm, tdtase, remise, end Jinqutsh the urwe,stened's right to c€atm, demand, Impress or Impost a €len or !lens ford' Saborand materials In place at the time of the execution df th k release doaamea. 'Each party Is ent,ennstlalefe,theirlegalfe . end has no rigtst to Stenthe subject prgrectfor arty and all fees such asInterest. ,r^ CONIM ONAL WAIVER AND RELEASE OF LIEN UPON MAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount of 1,600,00 will to the Black Archives History & Research Foundation of South. FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials .furnished to The Black Archives History & Research. Foundation of South FL, Inc. for the Historic lyric Theater •Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2' Avenue, Miami, Florida 33136 Legal Description Not •limited to P W WHITES RESUB OF BLK 36 P8 0-34 LOT 29 & NI5FT OF LOT 36 LOT SIZE 40.000 x 110 OR 1376E-92 0788 ]. OR 14756-92 0788 OOP W WHITES RESUB OF BLK 36 PB 13-34 S1OFT LOT 36 & 1W120FT LOT 37 LESS W7 .EFT THEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF T3LK 36 Pa B-34 W4OFT OF. LOTS 5,12,11, 14,12, 13, 19, 22, 27, 30, 35, 3$, 43, 46, FAU 010103 0601060 OR 26894-1479/1474/1477 050918, Dated On January 15 Lienor's Name Alec Stoll , 20 1.5 , Title Business Name stiacfe Consult.ernts, TLC Business Address' 344 Grant Ave Highland Park, NJ By IN • WITNESS WHEREOF, Partner Printed Name Alec Stoll the company has caused -this instrument to be executed by its duly authorized officer Oanuary , 2015, this 15th day of STATE OF FL-'49R4-$rJ12fr,S COUNTY OF lT acte MArr ct it c e y The foregoing instrument as acknowledged before mine this 15 day of January 2015, by Alec Stoll as partner of Stages Co eultants, TLC , on behalf of the corporation. He/Sbe is .personally known to me —_ _,.-~ l� y �'�� a��nti���tiern: --- 1 1 HEATHER FISHER-5TOLL Comrniaaion If 2417087 Nei.; v °ut)Sio, State of New Jersey vty Commission Expires February 08, 2017 N 4RY PUBLIC, S ATE' aF Fb9RUDA (SEAL) A1-t' `'J eve e Note: This is a statutory form prescribed bySection 7' u State of Florida f1 6) 4ffective October 1, 1996 a person may not require a Ilenor to furnish a waiver or release of lien that is different from the statutory form. This release is conditioned upon the clearance of the check tendered in payment of the amount stated herein. If collected funds are not received by tenor upon deposit of the check tendered, this waiver and release is null and vold. *The undersigned upon payment of thls draw and in consideration of the sum stipulated in this document, does hereby waive, release, remise, and ref lhquish the undersigned's right to claim, demand, impress or impose a lien or liens for ail labor and materials in piece at the time of the execution of this release document. 'Each party is responsible for their legal fees and has no right to Ilen the subject project for any and all fees such as interest. 2015,by �c�l� as Best g tip 47„5 ,L ; . r has produced Aux'v Notary Publk; Stale of Florida Dorothy L Barnes . Apr tdy (ommIssion EE123a73 OF & Expken O6/2212015 CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount of $ 2 , t_C 0 . will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2nd Avenue, Miami, Florida 33136 Legal Description Not limited to P W WHITES RESUB OF BLK 35 PB B-34 LOT 29 & N15FT OF LOT 36 LOT SIZE 40.000 X 110 OR 13766-92 0788 10R 14766-92 0788 OOP W WHITES RESUB OF BI-K 36 PB B-34 S1OFT LOT 36 & N20FT LOT 37 LESS W7 ,SFT THEREOF LOT SIZE 30 X 103 OR 17064-152 0195 3 PW WHITES RESUB OF BLK 36 PR B-34 W40FT OF LOTS 5,12, 11,14,12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601060 OR 26894-1479/1474/1477 050918, Dated On 20 �. Lienor's Name , Title Business Name Business Address By (1,\)11:1-D, 4,09 KG t1,4k iQ4 Printed Name FIJ A t,Ay,1Q, , . 336S' rQS ri ' IN WITNESS WHEREOF, D kU t . Via P! Q-SU has caused this instrument to be executed --- 3 ,2©15. STATE OF FLORIDA COUNTY OF Miami Dade this 16 A day of The foregoing instrument was acknowledged before me this 16,4 day of n u 4 P Y , of on behalf of the corporation. OShe is as identification. VP taiA NOTARY PUBLIC, 1 ATE OF FLORIDA (SEAL) Note: This Is a statutory form prescribed by Section 713.20 State of Florida (1995) Effective October 1, 1996 a person may not require a lienor to furnish a waiver or release of lien that Is different from the statutory form. This release Is conditioned upon the clearance of the check tendered in payment of the amount stated herein. If collected funds are not received by Ilenor upon deposit of the check tendered, this vralver and release is null and void. 'The undersigned upon payment of this draw end In consideration of the sum stipulated In this document, does hereby waive, release, remise, and relinquish the undersigned's right to claim, demand, impress or Impose a tenor dens for all labor and materials In place at the time of the execution of this release document. 'Each party Is responsible for their legal fees and has no right to lien the subject project for any and all fees such as interest. CONDITIONAL WAIVER ANI) RELEASE OF LIEN UPON FINAL PAYMENT The undersigned licnor, in consideration of a final paytnent iu the amount of 121 '30 _ will to the Black Archives History & Research Foundation of South FL, Inc. to said amount, waive and fully release its lien and. right to claim fl lien for labor, services or materials furnished to The Black Archives history & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to (he following described property: The Historic Lyric Theater 819 Northwest 214 Avenue, Miami, Florida 3313E Legal Description Not limited to P VJ WHITES RE516 OF ELK 35 P9 6-34 LOT 29 & N15FT OF LOT 36 LOT 512E 40.000 K 110 08 13766-92 0788 1 OR 14766-52 0788 00P w WHinES RESUB OF 011136 PE B-34 S1OFT LOT 36 & 920FT LOT 37 LESS W7.5FT THEREOF LOT 51TE 30 K 103 0R 17064-152 0196 3 PW WHITES RESUB OF ELK 36 P81-34 W4aFT OF 10T5 5,12, 11,14,12,13,19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601060 0R 26894-1479/1474/1477 0509 18, Dated On r QUA/,(1 ,20117' Lienor's Name /4,473/( 1 N.A?4J , Title 67 A/A 6+ /4- ` 4- PrintedNarne_A`/ '/?A �i ' r�- iA Business Name Business Address By IN WITNESS WHEREOF, r 44'% has c tied this instrument to be executed by its r A > iJ A. /14.1 , 2015. STATF OF FLQRIDA COUNTY OF Miami Dade 7P t--74,,) AA G'f'w. this - 4E_ day of e r /Ery�J - The foregoing instrument was ackn viedged fore me this « --1%J day of r�IJA �-r 2015, bye/V�'LdA' •° on behalf of the corporation. He/Site( is personally known to me or has producedidentification. ,••° F''• • .-;,,: ; O. Gofdlag •y▪ •- • FE 105391 21,2015 NO ARY Pl1B - F FLORIDA (SEAL) Nate; Ns is a statutory form prescribed ion 713,20 State of Fla,'.=a Effect a October 1, 1996 a person may not require a limo- to furnish a waiver or release of lieu that Is different from the statutory form. Th relea • conditioned upon the clearance of the check tendered in payment of the amount stated herein, if collected funds ate not receiver{ by iienor upon deposit of the check tendered, this waiver and release 6 nut' and void. 'The undersigned upon payment of this draw and in consideration ei the sum stipulated in this document, does hereby waive, release, remise, and relinquish the undersigned's right to train, demand, Impress or impose a lien or liens for all labor and materials in place at the time of the execution of this release document. `Each party is responsible for their legal fees and hos no right to fienthe subject project for any and all fees such es interest. IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA IES COMMERCIAL, INC. CIRCUIT CIVIL DIVISION Plaintiff, CASE NO.:11-17974-CA-04 VS. THE BLACK ARCHIVES, HISTORY AND RESEARCH FOUNDATION OF SOUTH FLORIDA, INC. AND CONTEMPORARY CONTRACTORS & ENGINEERING, INC., Defendants. NOTICE OF DROPPING PARTY WITH PREJUDICE Plaintiff, IES Commercial, Inc. ("IES") pursuant to Rule 1.250(b) of the Florida Rules of Civil Procedure hereby places all parties on notice that it is dropping The Black Archives, History and Research Foundation of South Florida, Inc. as Defendant in this case with prejudice. CERTWICATE OF SERVICE WE HEREBY CERTIFY that a copy of the foregoing was served this 3rd day of December, 2014 via the Florida Courts E-Filing Portal and, where noted, by first class postal mail to those listed on the attached service,list. THE BARTHET FIRM Attorneys for IES Commercial, Inc. 200 South Biscayne BIvd., Suite 1800 Miami, Florida 33131 (305) 347-5290 phone prowell@barthet.com ALEXANDER E. BARTHET Florida Bar No.: 173126 PETER B. ROWELL Florida Bar No.: 0017600 SERVICE LIST Anne M. Rose, Esq. Reginald Clyne, Esq. Clyne & Associates, P.A. Lydecker, Diaz, et. al. Quintairos, Prieto, Wood & Boyer, P.A. reginald.clyne@gpwblaw.com services@clynelega1.com ainrAclynelegal .eom cxr@clynelegal.com rjc[a,lydeekerdiaz. com amr@lydecokerdiaz.com Michael E. Stearns, Esq, Stearns, Roberts, & Guttentag, P.A. 1000 Sawgrass Corporate Pkwy Ste 552 Fort Lauderdale, Florida 33323 mes r@stearnsroberts.corn mvmasteanisroberts.com Case No.: 11-17974-CA-04 PREPARED BY: Alexander E. Barthet The Barthet Firm 200 S. Biscayne Blvd 41800 Miami, Florida 33131 SATISFACTION OF LIEN AND DISCHARGE OF LIS PENDENS STATE OF 'PE S COUNTY OF /f f KNOW ALL MEN BY THESE PRESENTS: That IES Commercial, Inc., holder of a certain Claim of Lien filed against the property described below in Miami -Dade County, Florida, alleged to be owned by: The Blaek Archives History and Research Foundation of South Florida, Inc., 5400 N,W. 22id Avenue Building C, Suite 101 Miami, Florida 33142 recorded on the 7th day of April, 2011 in Official Records Instrument # 2011R0224981, Official Records Book 27645, Page 2456 in the Office of the Clerk of Miami -Dade County, Florida„ which claim of lien was partially satisfied by recording of the partial satisfaction of lien at CFN 20120414112, Book 28146, Page 2437, in addition, Lienor recorded and hereby discharges a Notice of Lis Pendens in at Book 27720, Page 3772 in the offices of the Clerk of the Court of Miami -Dade County, Florida in the case styled IES Commercial, Inc. v. Black Archives, et. al., Case No.: 11-17974-CA-04 with respect to the property described as: 819 N,W. rd Avenue Miami, Florida; Lot 29 and the North 15 feet of Lot 36, of P.W. WHITE'S RE - SUBDIVISION OF BLOCK 36, NORTH in the City of Miami, according to the reap or plat thereof, as recorded in Plat Book "B,,, at Page 34 of the Public Records of Dade County, Florida and further described in that certain Notice of Commencement recorded in the Public Records of Miami -Dade County in Official Records Book 27197, Page 3750 and that certain warranty deed recorded in Official Records Book 13766, Page 92 and incorporated herein by this reference. does hereby aeknowledge full satisfaction of said Claim of Lien and fully discharges said lis pendens. IES hereby directs the Recorder of Deeds to satisfy sa lien of record and discharge the lis pendens. WITNESS my hand and seal this , day ofNevetribm, 2014. BY: Sarah K "-gan, A orl fr Agent The fore oing instrument was acknowledged before me this /t day of )ad/1514 by 5 r't-it KeffY5a es who is personally known to me brad i- ,y a� itlolltifivatiu i) and who did take an oath. NOTAP. '4 BLI N`'�' BETTY PURYEAR - r Notary public, State of Texas j M' Commission Expires ,,,,,„,• AprII29.2016 pmelliaVOURY-OF wyg..41actop otetn. IN MO. FOR :mial,R4•»OCOUNTY1 FtuORMA, 14p.OMMZOMONC.. CIRCUPWIWAISION CAs30;',. i 1.4774-CA4)4 TI4K SLAM AMPIIVOi HISTORY AND. 1?4riARCA' FOUNDATIQN OthJX ELORIP, Itsl'a AND QOM:010004AM' cohrrit3/4MQV8 thONIEBRINOONO,i Af'.ondtints SE —rxmosiv:T.4.0pyiENT TES Colninerchti, fno; :VPiaititifir 61ES1 has. asserted caInis aggimt FJt letok Attliiifttso Irlistory tOld Itese‘arnh Foundation •Ql: SOO) r IOW, Int. (13isck Arplate o. 4,0ditidtintl idtated .ttrgettoht-tanftid. die.6ti1ottl1Oori mgie6140:004.tilitiliOs. in the ttbnye*ylod nigLt1ud the Black .,-Ar4biye4 has Assorted varlow .rieOnt.osi :thdilotty (TES and )1s,k AT4iVeg fim time tol'IMCOloWtO IteMin as Nr4100.1. 1118.0x1 .thvillack-M*04 "WAV $.etWeert theme AS to flSsopiotwoikrojittett,to thovotor, hmitudAp, itordigpfst that 4bii Id havelfto kortihrbibtesti aid lathe, Amye, .116tilbe: GotISMtrox kkAolpAt: meitl Apeciffesity goglapir, in,4g).11dadims tivzott, :(10,01134*JveJr t1 . For, good and .va14.01.9 ponogforeitfoxi. gnbjput, to Vfmtplgoi lit* ganef tom6 Anti conditi-Qns 9.0hisdio-czorit2-tho,putioa, kui 1.; Aop, of 6,03 :oldie herein, 'WO Theondiltit,„ Thu Ms& Arehtya 'WS dolived. go,oKko ftw 9,0.thot Virtraifuttheranne ni:settlownt fit thislitatter ottlenient Facie). TheA3ittIttnerit.,Punds aro beihs.heid 'by me 13gaiot rim, in ittt upon: Adi czeo#101.orthh a.tr6Omenti)y Upudbs ;tiod oitiiiiition of Ow, coOffipp5 d'esoribed fir Paragraph 4 1:404 tho $oltiornontfOnds.willI diottikktod to TES: 1 .-Sithjog i3j idtiozi.s nf. this $. *Iowa Agoomtnt 000nitingin, fokflOntitt ,koiligieb.yitteppioquool, totgivo.diiiLtotovor.discintro)efeadant, tholitia AroKy#4 respetitiVe. :parents, subATAIRrip?3, 46idtt billt19yeesi 00710)16, al)d ifiAiitzli! tom. 611 ttotiono, IS. Catioiomiakitv, Priv Sikk•Ateiiivo Notitowit Atteemorit clomaniA,, amnagesi oNiVitions? -60ntroYerSie?CUU�XS fAntkilid whStScA',vgi 3$1010100,Val twilnkti6WA Viiiether suspeoted or 4of, 41e,l1Ijave rise or may havcAtism or iholiwiac b Noon of the Mattor and.anyarbittatiog rented trig $0,11,Qt II* 0.0 Wititttigc tlila Settlement Agreement vporrtog to AA 1Yer#044 -Thp 'il)itck :Avithos &et 'hereby' releate, cancel* forgiYe f)ti form.. clip P1013tiff orictitnpopootivo parwitgo,goNitiiatio‘ogprits,-envioyootl,anclitgorcm:bm.14Lad00% 4*, .dotottst.pi, Ogom,got iioto-tiso, ;ltd. defdosevor olAiroe, moAe.r Oat, aUo ,lralgatkai 'ephaertigilhat .0ittitNetifes and .-excextjp", :pt WO -1,000000,, NvivoilierlAismo oro.4100141tfbi ot hhhaveait1sen orpay haYs a*M.Or .sha,:arraelyrespa.pflthpMattet 4. VititAy;l:0 day a or to Oorp4M, exegviabil otitis Settlement Agreemotiti filekana:servea.'Noggp-ofOrfm04--.f.fre Week Arels •ford the -above styled lay/AM .wi,thpretudleevith. each prtrYlijOrit4 TIIY4 re:OlittavDstS tidfeatrztli opt4.to the Sett litlasue,herefik. Thia: Settlement- Agreement slnitt kin big: upon gitpolioo:to thk Arotitobt, ood.: ti*ir 'willow and 'aSsigrik tind ShallThorp fp Ow p4rtles.). .12enalt to to of „rosR00.4Yo• direttors, °item eiriptOyees) .attoroeys., repre.,entatiyek toprootti iligt111:04150, Iva 1144, tofy•ortiloit pastor present pare*, sulAbiAr1W* ilpi. orgAf1.t�faIt. frichig•Satieratit Avittitiotit shallbegoveme44 th1,4.4v$,Vfilm $tloto ofinigOa, 'Dv: polio -W. thic, Attoomorit: aoithowf6dgei, that this- Court has juyisdj.4ion 'over. 1hp., gcApot. lnattetotthis-potloil ortd:00: eaellibr thepttiCtogas. ARreement-s;sentvew,fs pr.o.pr bei$0 Vs. Pow% This:c 0.100541101011114§iiietiOtttoAitilifOlee The lekink ofthis Agreement 7, 110.10410$40: thliA etmehnhail telest,iobgble ,for their respective Otoroofs: fees ittetirod ad 4oviriblrooskiiss.00latotivitli voy olattrfiat Wete.thade or could.haye-beerA made itt the abowsfYied 8. Tholv4tot #00. .gottlomoot Aoottot ttliowled4o.: and 'agree :that this Agreielbwit is voluntalitY fok.by ai poroo loroto.AIoferenoe clays in the Asreernent shall.nteanealentlar (IAA, 9. 'Elia SettlementAgreen00801.011Y M4004100 tfikeii:hetetolder tre notinteticled and AA ...not 'lt Arty oVent I tonsinsed asi or. tleerm4 to tie,. art Orrtia$4111, or6011011110. 00640 'of'J11tP D1 atiy wrongdoing. whatsoever ost. 00. :.of 'pow to Iiito ugOommoroiall ifibaTho,M4:0(iloriblvta:-:Softlomont4Aromot 15-mt* hereto Vooltiott4; (Iker..4101ri tretir any wboftsoover With itgpeei'oh o alrogatiotia and OW= ovonea against -Om tbi# iiotiot And voNnitito. SottlonmtApfamtim 19: 4)1,0d the •ittrite 4periaci InponyordA ;and p000rtaifity Offal:01*er litigatfon, thittliitirt. this actiltMlet.ItAgreetionthas:1:fecn enfereiiiintO bp:the paAtiOtlAtetto:Lgo4 OA allit or setLieJnentpurpose NIthor tits ,Ay,toomotc :ha any eyi4040.0 bievotititko boovifidio, bo:prf r tar of ofil 0.evidtnpe in No 06;bPny Othbr. Obtkiti or;proo9P4i$tgi. tOr. any puipose prtherthOti ut4a..itetion o NO.e0P44,k4SiiTpand'er. 10,k,Th.&ties .4 aiAtlOtlietit Agreqment.:and their. attorneys age tO: ViSt'. OP* :hest .offigtoiod «cOOperate. with each Dtbdr• to ops0 this Sclit ASFeeitont to bcooft. •effeotivA; mil to MO: gadh other AeliOn Or: *repave and exeoutO kriy reasonably ne0,550.Orr ilOonment a q51.4y- qpidooriafQ: ip..opnociption, tbditwitb: Thie.,Agettritot. niAyfbe: signed )0 . toniiterpart.and opykir fax Shall .00)04110.0 Origilial. 11,, Thio Agigotiierd oontitituWo Alt KW and entire' 'Igrteernit tint ninietstanding $0tWeet the -partica' with- reaper loThe tibjed tumor l3gro4 and, 41Ore atO tiO Agreements; represOttfaticins or-viamanties; Mei* as. sp0,91/10411Y44 fOrth :herein! ..4,11 prioY Ottikrient Ormaioffs, nogotiati904 letten! 'demands Vitt Vritingt of any kind, are Allyzergcd IMO this Agreattent:and are t9 be ono:trod-to bcolno_ rino oefe4Vit being thc int4Ation otthel PatilOS tlititlitia'AgreeMent; Sbailiirsi6;as the link> and entirt.-.A0Msfen 911.heir44401110.1itiatid . undermandittg on the issues tliP010eklierein. This Agrectrot 'may riabec.ament104 :00.011.1,y tump* Al wiz s signed ty-thei snatty againat: who enforcement, of atoh, meoilitionto MOdliloationla SOUght. 12.i, NOW tif the ;PArtiellto Ala :Ottleirient !shall: .confildercti' 0 'bo tho ciraftor §4)4 Aoratatett, or anyprovistoft hereof,. for the PPMOod fititutei case ifnicfi or. rule of interpretationiemstruetiox .t4t ot Might cans° stty provklein hereorto .11' tengtr9.0 411018.Metfaitet 'eggs Agroment, p,. Tho parties iicknoWlq4ge-t144 wed Agtb-omotit .oad lEive .144 stlie,orfvortc00 44, dkarb- tiro advioof000nsol of iiiiiivhoito priorio montingthfsAgreetrient, 14, 1.1c. parties represent APtl: vit.afrattr 'that ;none of tbe. *IVA Xefereliad In:thip- Agroornenthavocen avigtfoq,',Uthsi6.1.1.04 or -4.therwiSe con9eyed to anyOPjorporaM oftiftity: 1,5. The indiViiittais below topresent and-wartiott Iliirthor are .041y. iluthoriz6tt to bind toff' resntotlivb Ontity.to-tbOienstalireOt ilOSliftliedat th /Ito bliekArdhivps $oittproc0Amorioot aeattod. fax, pdtpi,14%40 :krill of 010006/11"0 consiapro tt§t6 ap. 81ga TttIV; )frreera..e6e,uriTe Mao* '41733. tt Da*. .127-1 TILE flLM3K rtoidO, $1.gm Cgt ‘); • -111$VirtY. Ai4n. IMEAROF 1'OUNDATI9.15 'Or Stall Pr tit Tide -fACASSM,.:Tioz410 . . Address' ',Isce5..j •Date: ti• ft,. 4 Filing # 21322527 Electronically Filed 12/08/2014 08:46:02 AM JORRIN CONSTRUCTION MANAGEMENT CO., Plaintiff, v. THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION OF SOUTH FLORIDA, INC., Defendant. IN THE CIRCUIT COURT FOR THE 11 TH CIRCUIT IN AND FOR MIAMI- DADE COUNTY, FLORIDA CASE NO.: 12-11277-CA-10 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE Plaintiff, Jorrin Construction Management Co., files this Notice of Voluntary Dismissal with prejudice this action. CERTIFICATE OF SERVICE I CERTIFY that a copy of the foregoing was served US Mail to Reginald J. Clyne, Esq counsel for Defendant via email to rjca,lydeckerdiaz.corn and to The Black Archives History and Research Foundation of South Florida, Inc., at 5400 NW 22 Avenue, Building C, Suite 101, Miami, FL 33142on December 8, 2014, AM LAW, LLC. Attorneys for Plaintiff 7385 SW 87th Avenue Suite 100 MIAMI, FL 33173 Telephone: (305) 441-9530 Fax: (305) 595-5086 E-Mail: gmm(2Zamlaw-mianu.cozn Service E-Mail: pleadings[?a,amlaw-miami.com /s/ Gary M. Murphree Gary M. Murphree, Esq. Florida Bar Number: 996475 CONDITIONAL WAIVER AND RFLIASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount of $ 20,0000.00 will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Mack Archives History & Research Foundation of South FL, Inc, for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2"d Avenue, Miami, Florida 33136 Legal Description Not limited to P W WRITES RCSUB OF BLK 36 PB B-34 LOT 29 & N15FT OF LCT 36 LOT SIZE 40.000 X 110 OR 13766-92 07881 OR 14766-92 0788 00P W WHITES RESUB OF BLK 35 P B B-34 516FT LOT 36 & N2DFT LOT 37 LE55 W7.5FT THEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF BLK 36 PB B-34 W46FT OF LOTS 5, 12,11, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601060 OR 26894-1479/1474/1477 0509 18, Dated On January 21 , 2015 Lienor's Name JOSHUA DACI-IS , Title President Business Name FISHER DACHS ASSOCIATES, INC. Business By IN has cause January .ess 22 West 19th1 Street, 6th Floor, New York, NY 10011 Printed Name JOSEPH MASTELLONE Chief Financial Officer S I OF, JOSHUA DACHS of FISHER DACI-IS ASSOCIATES, INC, this instrument to be executed by its CHIEF FINANCIAL OFFICER this 21st day of , 2015. STATE OF NEW YOWL COUNTY OF NEW YORK The foregoing instalment was acknowledged before me this 21st day of Ianuary 2015, by _JQSi EE.MASTELT,oNE as Chief Financial Officerof FTSI-LER DACHS ASSOCIATES, INC. , on behalf of the corporation. He/She is personally known to me or has producer, personally known to me as identification. fi,ItICET J. JONES 1 f30TARY f'u. '.IC, STATE OF NEWYORK 11J0907/385 BUDGE' 1J, JO QUALIFIED SI N EXPIREEW SJULYCOUNTY .1d NOTARY PUBLIC, STATE OF NEW YORK (SEAL) MY COMMISSION EXPIRES JULY U, 20 Note: This is a statutory orni prescnbedby Section 713.20State of Florida 0961 Effective October 1, 1996 a person may not require a ftenor to furnish a waiver or release of lien that Is different from the statutory form. This release Is conditioned upon the clearance of the check tendered in payment of the amount staled herein. If collected funds are not received by lienor upon deposit of the check tendered, this waiver and release is null and vold. 'The undersigned upon payment of this draw and In consideration of the sure stipulated in this document, duns hereby waive, release, remise, and relinquish the undersigned's right Io claim, demand, Impress or impose alien or liens for all labor and materials in place at the time of the execution al this release document. 'iiach party is responsible for their legal fees end has no right to lien the subject project for any and all fees such as interest. If) n'", Ca CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount of 1,6, to 31 will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, Waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2nd Avenue, Miami, Florida 33136 Legal Description Not limited to P W WHITES RESUS OF BLK 36 P8 B-34 LOT 29 & N1SFT OF LOT 36 LOT SIZE 40,000 X 110 OR 13766-92 0788 1 OR 14756-92 0788 00P W WHITES RESUB OF BLK 36 PB B-34 S1OFT LOT 36 & 1.420FT LOT 37 LESS W7 .5FTTHEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF BLK 35 PB 8-34 W4OFT OF LOTS 5, 12, 11, 14, 12, 13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 3501060 OR 26894-1479/1474/1477 0130518, Dated On , CIA 6Jvi'iv1 16 , 2015 Lienor's Name MAW, '04t11s , Title FUIS 1tt4tr Business Name f (p64CP( ^PZt-ICE i2.cnl0L Business Address t Ow 4 S eLf 04,44i FL 33 te4 By-�~ Printed Name ►+1!/1- IN WITNESS WHEREOF, has caused this instrument to be executed by its this tie day of +4-.04 , 20l5, STATE OF FLORIDA COUNTY OF Miami Dade The foregoing instrument was acknowledged before me this 16F, day of ;;(AiJ vAa , 2015, by f/1!1P 4. " PAIr{ as ` aeS1 "MAP of?LA p.tDA r CC Roe1/4-- ,.on behalfof-the corporation; Iie/She is as identification, personally known to me or has produced NOTARY PU C, STATE OF FL,ORI Voter Thls Is a statutory Form prescribed by Section 713.20 State of FI is (1996) Effective October 1, 1996 a person may not require a Honor to furnish a waiver or release of lien that is different from the statutory form. This release is conditioned upon the clearance of the check tendered In payment of the amount stated herein. If collected funds are not received by lienor upon deposit of lie check tendered, this waiver and release Is null and void. roc Notary Pu B0 Stale of Florida .14'/'. Arlan Capuano My Commlesion FF 193074 Expires 01l1112Q10 `The undersigned upon payment of this draw and in consideration of the sum stipulated in this document, does hereby waive, release, remise, and relinquish the undersigned's right to claim, demand, impress or Impose a Eel l or liens for all labor and materials in place at the time of the execution of this release document. 'Each party is responsible for their legai fees and has no right to lien the subject protect for any and ell fees such as interest. i^J r•� CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of a final payment in the amount of $ J\ will to the Black Archives History & Research Foundation of South FL, Inc. in said amount, waive and fully release its lien and right to claim a lien for labor, services or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The Historic Lyric Theater 819 Northwest 2^d Avenue, Miami, Florida 33136 Legal Description Not limited to P W WHITES RESUB OF BLK 36 P8 B-34 LOT 29 & N15FT OF LOT 36 LOT SIZE 40.000 X 110 OR 13766-92 07881 OR 14766-92 0788 OOP W WHITES RESUB OF BLK 36 PB B-34 S10FT LOT 36 & N2OFT LOT 37 LESS W7 .5FT THEREOF LOT SIZE 30 X 103 OR 17064-152 0196 3 PW WHITES RESUB OF BLK 36 P8 B-34 W4DFT OF LOTS 5, 12, 11, 14, 12,13, 19, 22, 27, 30, 35, 38, 43, 46, FAU 010103 0601050 OR 26894.1479/1474/1477 0509 18, Dated On Lienor`s Name 0(6145 ,20 H1CML— J - Tb Business Name 11-CCPC1• �1 t `� -� Busine By , Title ddress Age )(VIM )ti\i- Printed Name MI J - IN WITNESS WHEREOF, has caused this inn rument to be executed by its this /7 day of ‘,..774NAti2.144Y , 2015. STATE OF FLORIDA COUNTY OF Miami Dade Theem'oregoing instr ent was acknowledged before me this / 7day of 2015, by / l/CPf4 '.- 1 ,Ai TZt 3 as of on behalf of the corporation. r�i yp f�,,,f personally known to me or has produced / t.. Z3 O.5 91 2.1 U ► as identif" i�.,.., 4,• r�, •N. Cpe ber i eZ •C *: -4m. e 4FFOSsu46 � Q�V �46 ejittr to et;e' 4�� A (SEAL 98 a Person may not r�t��l� Or NOTARY PUBLIC, STATE OF ,LORI Note: This Is a statutory form prescrlhed by Section 713.20 State of Florida (1996) Effective October 1, 1• furnish a waiver or release of lien that Is different from the statutory term. This release is conditioned upon the clearance of the checqqf ;lh payment of the amount stated herein. if collected funds are not received by Ilenor upon deposit of the check tendered, this waiver and release is null and void. .The undersigned upon payment of this draw and in consideration of the sum stipulated in thls document, does hereby waive, release, remise, and relinquish the undersigned's right to claim, demand, impress or impose a lien or liens for ali labor and materials in place at the time of the execution of this release document. "Each party is responsible for their legal fees and has no right to lien the subject project for any and all fees such as Interest. FLORIDA FENCE RENTAL, INC. Fax 305-477-5136 8491 N.W. 64TH STREET MIAMI, FL 33166 BILL TO THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION 5400 NW 22 AVENUE BUILDING C SUITE 101 MIAMI, FL 33142 Invoice DATE INVOICE # 3/18/2013 F124-10M26 JOB LYRIC THEATRE 819 NW 2ND STREET MIAMI, FL MONTHLY RENTAL TERMS DUE DATE 3/18/2013 DESCRIPTION FEET / UNITS UNIT COST AMOUNT BILLING FOR MONTHLY RENTAL OF FENCE AND 0.00T GATES INSTALLED ON JOB. RENT IS BILLED MONTHLY AFTER ONE YEAR ANNIVERSARY OF INSTALLATION_ MONTHLY RENTAL CHARGE FOR FENCING 1 167.23 167.23T (03/18/13 - 04/17/13) MIAMI-DADE COUNTY SALES TAX @ 7% 7.00% 11.70 Tota I $178.93 FLORIDA FENCE RENTAL, INC. Fax 305-477-5136 8491 N.W. 64TH STREET MIAMI, FL 33166 BILL TO THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION 5400 NW 22 AVENUE BUILDTNG C SUITE 101 MIAMI, FL 33142 DESCRIPTION BILLING FOR MONTHLY RENTAL OF FENCE AND GATES INSTALLED ON JOB. RENT IS BILLED MONTHLY AFTER ONE YEAR ANNIVERSARY OF INSTALLATION. MONTHLY RENTAL CHARGE FOR FENCING (04/18/13 - 05/17/13) MIAMI-DADE COUNTY SALES TAX @ 7% Invoice DATE INVOICE # 4/18/2013 F124-10M27 JOB LYRIC THEATRE 819 NW 2ND STREET MIAMI, FL MONTHLY RENTAL TERMS DUE DATE FEET / UNITS 1 4/18/2013 UNIT COST 167.23 7.00% AMOUNT 0.00T 167.23T 11.70 Total $178.93 ei/ai/2e17J 3Z:23 3e53372277 J.1 S t1X S =' rsE F1 %E1 —14 Ste' . _ CONDITIONAL WR ANI) RELEASE OF .LIEN UPON FINAL PAYMIENT The undersizned it or, In consideration of a z,nal pa3�ent Li the amount of $ S 3 1- !. wilt to the Black Archives History St: Research Foundation of South FL, Inc. iv. slid ar;1cv rt, %> al e aztd -Pally ralea se its lien aaId right to claim a lip for lalor. services or materials fumishEd to The Black Archives History k Research FourjJation of South FL, lac. for the I{ state L;'ric. Theater Expansion, to the foil 'ing.described property: The FlistoricWOO Thc3t r R19 Northwest 2,4 Avenue 44izrni, Florida 3313c Leta; Description Not ifm ted to p tt+W air !s RESJ? O SLY. 35 P= P-3.3 LOT 25 e, PilEFT f3^ LOT35 LDT SIZE 4J.C30 K 310 OR IS i ris-.42 07281031»7562 y7$3 GD7 1.0,11 f i TES RESLIE OF ELK 3 S .1(.1` 11 COT 36 E. x2C T iOT 27 LESS W7 ,SRtTFi=r "-Cr LOT SIZE 5C 108 OR 2.7-:52:0196 3 121:' Wr.TES RESO OF BLK 5 , P3 B-34 W4OFT Q? LOr'5 5, 32, 11. 34, 12,15, IS, 22, 27, 3C, 35, 3B, 43, 46, AU C`1 Ci 13 cFA 1c5v Ca 25a:-4-?479i1s7Lj1G77 CSC3 IS, l � D tadOn I / ,20 r V LiEz;cr5 ;�arae � ?7;��T1Sa0 V E,Title '' BLIsillt)5 Nara ZI 1 J ,10 De. r.--ri . \ (Cft k61, S > c Btisine s Asdr ll'ti ;rr.N-SWHEREOF, ha; caused this instrument to be executed by its , ?J' 15. 1 i lW -7 T' I He 'finl - Printed Larne 3 tt k Ga (3Y,-- O-_C -v f 'AT/ St: 0 6 - S1r4TE OF FLORIDA COUNTY OF. Miami Dade i The foregoing instrument was ackx ow] 2015,b;y%..! ./ .' ✓•--21- aS /ce — rTtt FRANCISCO G. DOMING E Notary Public - State of Florida 4.7 My Comm. Expires Jun 3, 2018 Commission # FF 125745 cec . t ,t-rk this 2,Y, day of before me this day of , on behalf of the corporation_ We/She is as identiflc-ation. PUB 1 ST. LOB . (SEAL) 1.1ai Th:. is st t..tnry. c_..nt .ra..,srVL.Ert by Sat.6,n .sy r• .. f t as ii2S) E ea ..ber t. 1496 a ;art fray ACA eclir s.. ncr:o €,irnish a caly=ar ree re cr len that Is d fa 8tqt ;'^:tt th3 y ;c; m Ta s r=-'_z_ caaditiarced „Pal, :=;1 once of : _ .en3E`ed ir R3Yingfl:r.? 3r,'.c.ir:`;.oesare 'cirer_ 'rf bpi.anzrtpc€,dE25iCC' the L`Rfxv.C,.rrd^``F't'J<L'i4Yt3;*JQrE+selrelease SSRuiE *Th; 06e.rsienee u^Lr payment of stis draw 7 ,d fin r.'the S:ztil ir. this firer c nE =]y ika•iva, re: e :8. remise. a Sot reiinru'v't the r:tltEzi3nrd'S dEht .Y aryla�r ;9crr,3f a ±rPtEss ar9r..p^se a S;er: materials :n ata:r 3r LI1° til`ai ri eastt 4.1otiit`.'ed 1. Vrty is r p.'s&ier `ar SLa,r felts[ Foss s has ro sight a I:eo t s• -tuajKet o o ¢tr for any end o. facx nuc^ a: rt�rs FLORIDA FENCE RENTAL, INC. Fax 305-477-5136 8491 N.W. 64TH STREET MIAMI, FL 33166 BILL TO THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION 5400 NW 22 AVENUE BUILDING C SUITE 10I MIAMI, FL 33142 DESCRIPTION BILLING FOR MONTHLY RENTAL OF FENCE AND GATES INSTALLED ON JOB. RENT IS BILLED MONTHLY AFTER ONE YEAR ANNIVERSARY OF INSTALLATION. MONTHLY RENTAL CHARGE FOR FENCING (05/18/13 - 06/17/13) MIAMI-DADE COUNTY SALES TAX @ 7% Invoice DATE INVOICE # 5/18/2013 F124-10M28 JOB LYRIC THEATRE 819 NW 2ND STREET MIAMI, FL MONTHLY RENTAL TERMS DUE DATE FEET / UNITS 1 5/18/2013 UNIT COST 167.23 7.00% AMOUNT 0.00T 167,23T 1 [ .70 Total $178.93 FLORIDA FENCE RENTAL, INC. Fax 305-477-5136 8491 N.W. 64TH STREET MIAMI, FL 33166 BILL TO THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION 5400 NW 22 AVENUE BUILDING C SUITE 101 MIAAMI, FL 33142 DESCRIPTION BILLING FOR MONTHLY RENTAL OF FENCE AND GATES INSTALLED ON JOB, RENT IS BILLED MONTHLY AFTER ONE YEAR ANNIVERSARY OF INSTALLATION. MONTHLY RENTAL CHARGE FOR FENCING (06/18/13 - 07/17/13) MIAMI-BADE COUNTY SALES TAX @ 7% Invoice DATE INVOICE # 6/18/2013 F124-10M29 JOB LYRIC THEATRE 819 NW 2ND STREET MIAMI, FL MONTHLY RENTAL TERMS DUE DATE FEET / UNITS 6/18/2013 UNIT COST 167.23 7.00% AMOUNT 0.00T 167.23T 11.70 Total $178.93 FLORIDA FENCE RENTAL, INC. Fax 305-477-5136 8491 N.W. 64TH STREET MIAMI, FL 33166 BILL TO THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION 5400 NW 22 AVENUE BUILDING CSUITE 101 MIAMI, FL 33142 DESCRIPTION Invoice DATE INVOICE # 7/18/2013 F124-101\430 JOB LYRIC THEATRE 819 NW ZND STREET MIAMI, FL MONTHLY RENTAL TERMS DUE DATE FEET / UNITS 7/18/2013 UNIT COST AMOUNT BILLING FOR MONTHLY RENTAL OF FENCE AND GATES INSTALLED ON JOB. RENT IS BILLED MONTHLY AFTER ONE YEAR ANNIVERSARY OF INSTALLATION. MONTHLY RENTAL CHARGE FOR FENCING (07/18/13 - 08/17/13) MIAMI-DADE COUNTY SALES TAX cz 7% 1 167.23 7.00% 0.00T 167.23T 11.70 Total $178.93 FLORIDA FENCE RENTAL, INC. Fax 305-477-5136 8491 N.W. 64TH STREET MIAMI, FL 33166 BILL TO THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION 5400 NW 22 AVENUE BUILDING C SUITE 101 MIAMI, FL 33142 DESCRIPTION Invoice DATE INVOICE # 8/18/2013 F124-10M31 JOB LYRIC THEATRE 819 NW 2ND STREET MIAMI, FL MONTHLY RENTAL TERMS DUE DATE FEET / UNITS 8/1812013 UNIT COST AMOUNT BILLING FOR MONTHLY RENTAL OF FENCE AND GATES INSTALLED ON JOB. RENT IS BILLED MONTHLY AFTER ONE YEAR ANNIVERSARY OF INSTALLATION. MONTHLY RENTAL CHARGE FOR FENCING (08/18/13 - 09/17/13) MIAMI-DADE COUNTY SALES TAX @ 7% 1 167.23 7,00% 0.00T 167.23T 11.70 Total S178.93 FLORIDA FENCE RENTAL, INC. Fax 305-477.5136 8491 N.W. 64TH STREET MIAML FL 33166 BILL TO THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION 5400 NW 22 AVENUE BUILDING C SUITE 101 MIAMI, FL 33142 Invoice DATE INVOICE # 9/18/2013 F124-10M32 JOB LYRIC THEATRE 819 NW 2ND STREET MIAMI, FL MONTHLY RENTAL TERMS DUE DATE 9/18/2013 DESCRIPTION FEET / UNITS UNIT COST AMOUNT BILLING FOR MONTHLY RENTAL OF FENCE AND 0.00T GATES INSTALLED ON JOB. RENT IS BILLED MONTHLY AFTER ONE YEAR ANNIVERSARY OF INSTALLATION. MONTHLY RENTAL CHARGE FOR FENCING 1 167.23 167.23T (09/18/13 - 10/17/13) MIAMI-DADE COUNTY SALES TAX @ 7% 7.00% 11.70 Total $178.93 FLORIDA FENCE RENTAL, INC. Fax 305-477-5136 8491 N.W. 64TH STREET MIAMI, FL 33166 BILL TO THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION 5400 NW 22 AVENUE BUILDING C SUITE 101 MIAMI, FL 33142 DESCRIPTION Invoice DATE INVOICE # 10/18/2013 F124-I0M33 JOB LYRIC THEATRE 819 NW 2ND STREET MIAMI, FL MONTHLY RENTAL TERMS DUE DATE FEET / UNITS 10/18/2013 UNIT COST AMOUNT BILLING FOR MONTHLY RENTAL OF FENCE AND GATES INSTALLED ON JOB. RENT IS BILLED MONTHLY AFTER ONE YEAR ANNIVERSARY OF INSTALLATION, MONTHLY RENTAL CHARGE FOR FENCING (10/18/13 - 11/17/13) MIAMI-DADE COUNTY SALES TAX @ 7% 1 167.23 7.00% 0.00T 167,23T 11.70 Total S 178.93 FLORIDA FENCE RENTAL, INC. Fax 305-477-5136 8491 N.W. 64TH STREET MIAMI, FL 33166 BILL TO THE BLACK ARCHIVES HISTORY & RESEARCH FOUNDATION 5400 NW 22 AVENUE BUILDING C SUITE 101 MIAMI, FL 33142 DESCRIPTION BILLING FOR MONTHLY RENTAL OF FENCE AND GATES INSTALLED ON .TOB. RENT IS BILLED MONTHLY AFTER ONE YEAR ANNIVERSARY OF INSTALLATION. MONTHLY RENTAL CHARGE FOR FENCING (12/18/13 - 01/17/14) MIAMI-DADE COUNTY SALES TAX @ 7% Invoice DATE INVOICE # 12/18/2013 F124-10M34 JOB LYRIC THEATRE 819 NW 2ND STREET MIAMI, FL MONTHLY RENTAL TERMS DUE DATE FEET / UNITS 12/18/2013 UNIT COST 167.23 7.00% AMOUNT 0,OOT 167.23T 11.70 Total $178.93 CONDITIONAL WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned bettor, in consideration of a final pay-mcnt in the amount of S3,500.00 will to the Black Archives Hi tors & Research Foundation of South FL. Inc, in said amount, waive and filly release its hen and rips to claim a lien for labor, scrticcs or materials furnished to The Black Archives History & Research Foundation of South FL, Inc. for the Historic Lyric Theater Expansion, to the following described property: The HistOri0 twit Theater 819 Northwest 2n° Avenue, Miami, Florida 33136 Legal OeSC1iption Not fimiteH to P W WHITES RES08 OF SUt 35 Pd 8-34 LOT 29 & N15Fl OF LOT 36 LOT SIZE 40.003 X 110 OR 13766-92 07881 OR 14766-52 0758 OOP V.' WHITES RESOD OF EILK 35 Pa 034 510FT 101 35 & 1520ET LOT 371E55 W7 .5FT THEREOF LOT 5176 30 x 103 OR 17064-152 S195 3 P W W HrTES RESU9 OF 9Lg 36 P6 8-34 W40FT OF LOf 5 5, 12,11, 14, 12,13, 19, 22, 27, 30. 35, 39, 43, 46, EAU 01 S103 0601069 OP 26594.1479/1474/14770559 18, Dated On January 29 , 2015 Limas Nannc Jesus A. (Rodriguez , Title President Building Envelope Testing & Inspection B33Sine55 NanlefiR,•tces., Ira-^ Business Address 745 74 Avenue, Bay 309, Medley FL 33166 Printed Name.—l;- L.,5 c ) IN WITNESS WHEREOF, caused this instrument to be executed by its 2015. STATE OF FLORIDA COUNTY OF Miami Dade The foregoing instrument was acknowledged before me this (j day of 2015,by as of , on behalf of the corporation. He She is personally known to me or has produced as identification. this 3sE day of NOTARY PUBLIC. R11 tar OOr4i ESOLi a EE 132187 EXPIRES- Fearenv24,2813 TM: Whet ethic i o, neeen Note: This is a statu3Ny form presc,)bed by Set an 713.20 Stare of ffanda 119061 [Hecirssn OCw.aer 1,193. a pa•. . y im f tthtlre„r lurn:sn a waiver or ralea .. of Ben that is dir€«.rent from the slatufort form, This retease is cor+daioned upon ehn clearance of the check tend( d'a, payment of taramaunt ,thed heroin. I! collected funds are not retelyea by lienor apron cieaiuh of the cheek tendered, this wawm eras loftiest Is null end amid. 'The undo.'sgne4 utmn payment of this di-swani'. ih ce-suderal,on to the u rstinQu'dh ;lye undersigned's right to Caen, demand, Imoreu or impose a Fes :his release document sapulated in this Lie:ummot does ne'eby wars*, release, remoe. and )ens for eil!'abar and material, In plate, el the 8mea! the eteeulme of 'Eacti parry is responsible Fnr tf,elr legal lees and has rp right 1n Fen the sisbject pmiect for any and all lees such as interest_ SUPPORTING DOCUMENTATION 1048 Hypoluxo Road Lantana, FL 33462 Phone 561-540-6004 OR 561-439-6666 Name / Address The Black Archives 819 NW 2nd. Ave. Miami, FL 33136 Estimate Date Estimate # 3/18/2015 15-2297 Accounting E-mail frances@godbysafeandlock.com Web Site www.godbysafeandIock.com Project Tim Barber Master key Hardware TERMS: 50°/3 DEPOSIT-BAL UPON COMPLETION ESTIMATE GOOD FOR 120 DAYS REP TROY ANDERSON Description Qty Cost Total Service to master key various lock cylinders, levers, panic devices, mortise locks 110 27.50 3,025.00 GL-Entry lever sets installed 5 110.00 550.00 GL-Entry door knob installed 1 55.00 55.00 GL-Deadbolt installed 1 65.00 65.00 SC1 Padlocks 3 52.00 156.00 GL-Storeroom lever set installed 6 110.00 660.00 Taco Panic exit device with lever trim installed 1 380.00 380.00 GL-Lever trim for exit device installed 1 145.00 145.00 Yale lever trim for exit device installed 2 565.00 1,130.00 Schlage entry mortise lever set installed 2 675.00 1,350.00 Schlage store room mortise lever set installed 1 675.00 675.00 Schlage mortise cylinders installed 3 65.00 195.00 Cal -royal lever entry trim for exit device installed 1 285.00 285.00 Keycab 120 key cabinet 1 165.00 165.00 Notes: 1) Keys are $1.75 ea. 2) Customer must provide existing key for cylinder removal. 3) Repairs are not included in this proposal 4) Any repairs, cylinders or parts needed will be proposed separately Thank you for your consideration. The above prices, specifications, conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.Payment will be made as outlined above, Subtotal $8,836.00 UPON APPROVAL AND ACCEPTANCE PLEASE SIGN AND FAX BACK TO 561-540-6005 Sales Tax (6.0%) $530.16 Signature Total $9,366.16 tLJCD Integrated Security COMMERCIAL SALES AGREEMENT TOWN NO. 0149-MIAMI, FL Tyco Integrated Security LLC ("Tyco") The Black Archives dlbfa: Joseph Perez ("Customer") 3133 Commerce Parkway, Customer Billing Information Miramar, FL 33025 5400 NW 22nd Ave, Box 300, Building C, Suite 101 Tele. No. (786) 999-4163 Miami, FL 33142 Attn: Timothy Barber Tole, No. (305) 637-3420 111.11111 N CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 114961227 1-1 DMDSH6 DATE: 3/16/2015 Customer Premises Serviced 819 Nw 2nd Ave, Miami, FL 33136 Attn: Timothy Barber Tele. No. (305) 636-2390 This Commercial Sales Agreement is between Customer and Tyco effective as of the date signed by Customer. By entering into this Agreement, Tyco and Customer agree to the Terms and Conditions contained in this Agreement. The Equipment and/or Services, collectively the System(s) covered under this Agreement is/are listed in the attached Schedule{s) of Protection I Scope of Work ("SOW"). I. THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS AGREEMENT AND ARE INCORPORATED BY REFERENCE: (a) Hazardous Substance Checklist and Customer Letter (e) State Specific Forms, if applicable (e.g„ local permit applications) (b) Scope of Work 1 Schedule(s) of Protection (f) Customer Installation Acceptance Form (specific to EquipmentlServices purchased) (c) Terms and Conditions (g) If multiple locations, see attached schedule (d) Additional Terms and Conditions II. CHARGES AND FEES: Customer agrees to pay the Sum of $ 17,592,00 ("Installation Charge") with $ payable upon acceptance of this Agreement ("Installation Charge Deposit") plus any applicable "Fees" and sales taxes. Tyco may invoice Customer for progress billings based upon Equipment andlor System components delivered or stored, and/or Services performed before completion of the System/Equipment installation, activation of the System, connection to the CMC, or any other Service(s). Ail outstanding Installation Charges and/or Fees shall be due and payable upon completion of the installation of the Equipment/System and as a precondition to activation of System and, if applicable, connection to Tyco's Central Monitoring Center ("CMC") or any other Service(s). Any changes in the STATEMENT OF WORK 1 SCHEDULE OF PROTECTION made by the Customer after execution of this Agreement must be agreed to by Tyco and the Customer in writing and may be subject to additional charges and/or fees. Any equipment ordered by Customer by e-mail or telephone order shall be subject 10 terms and conditions of the Agreement and may be subject to shipping, handling, and/or restocking fees. For the Services) provided as indicated in this Agreement, Customer agrees to pay Service Charges in the amount of $ 1,198.00 per annum (the "Annual Service Charge"), payable in advance Quarterly plus applicable state and/or local tax(es) for 5 year(s) (the "Initial Term") effective from the date such Service is operative under this Agreement. Until Customer has paid Tyco the Installation Charge and Fees in full, Customer grants to Tyco a security interest in the Equipment and all proceeds thereof to secure such payment. After the Initial Term this Agreement shall automatically renew on alan Annual basis unless terminated by either party upon written notice at least thirty (30) days prior to the anniversary date. Tyco shall have the right to increase Annual Service Charge(s) after one (1) year. For termination prior to the end of the Initial Term, Customer agrees to pay, in addition to any outstanding Fees and charges for Service(s) rendered prior to termination, 90% of the Annual Service Charge(s) remaining to be paid for the unexpired term of the Agreement as liquidated damages but not as a penalty. Additionally, Customer agrees to pay any assessments, taxes, fees or charges imposed by any govemmentel body, telephone, communication, or signal transmission company such as false alarm, permitting or connection fees, or administration fees or service charges assessed by Tyco related to AHJ requirements and/or changes to applicable laws, the need to reprogram alarm conirolsldevices to comply with area code, signal transmission, numbering or other changes relating to the installed Equipment and/or Service(s) provided under this Agreement ( "Fees"). III. ENTIRE AGREEMENT; CUSTOMER ACCEPTANCE: This Agreement, together with all of its written Amendments, Riders, Scope of Work and/or Exhibits, constitutes the entire agreement between the Customer and Tyco relating to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements and understandings. The terms and conditions of this Agreement will prevail over any conflicting, inconsistent or additional terms and/or conditions contained in any purchase order, agreement, or other document issued by Customer. In signing this Agreement, Customer is not relying on any advice, advertisements, or oral representations of Tyco and agrees to be bound to the terms and conditions contained in all the pages of the Agreement, Customer agrees that any representation, promise, condition, inducement or warranty, express or implied, not included in this Agreement will not be binding upon Tyco, and that the terms and conditions in this Agreement apply as printed without alteration or qualification, except as specifically modified by a written agreement signed by Tyco and Customer. Any changes in the Statement of Work or scope of the work requested by the Customer after the execution of this Agreement may result in additional cost to the Customer and any such changes/additions must be authorized in a writing signed by both the Customer and Tyco. Customer's failure to accept and sign this Agreement within ninety (90) days of the date shown above may result in price increases. Customer acknowledges that: {a) Tyco has explained the full range of protection, equipment, and services available to Customer; (b) additional protection over and above that provided herein is available and may be obtained from Tyco at an additional cost to the Customer; {c) Customer desires and has contracted for only the Equipment and/or Service(s) itemized in this Agreement; (d) the EquipmentlService(s) specified in this Agreement are for Customer's own use and not for the benefit of any third party; (e) Customer owns the premises in which the Equipment is being installed or has the authority to engage Tyco to carry out the installation in the premises; and (f) Customer will comply with all laws, codes and regulations pertaining to the use of the Equipment/Service(s). ATTENTION IS DIRECTED TO THE WARRANTY, LIMIT OF LIABILITY AND OTHER CONDITIONS CONTAINED IN THE SECTIONS ENTITLED "TERMS AND CONDITIONS" AND "ADDITIONAL TERMS AND CONDITIONS". THIS AGREEMENT REQUIRES FINAL APPROVAL OF A TYCO AUTHORIZED MANAGER BEFORE ANY EQUIPMENTISERVICES MAY BE PROVIDED. IF APPROVAL IS DENIED, THIS AGREEMENT WILL BE TERMINATED AND TYCO'S ONLY OBLIGATION TO CUSTOMER WILL BE TO NOTIFY CUSTOMER OF SUCH TERMINATION AND REFUND ANY AMOUNTS PAID IN ADVANCE. IF MAINTENANCE SERVICE IS DECLINED, CUSTOMER MUST INITIAL HERE TYCO INTEGRATED SECURITY LLC Presented by: IF A 5-DAY FAMILIARIZATION PERIOD IS REQUESTED, CUSTOMER MUST INITIAL HERE CUSTOMER: Accepted By: (Signature of Tyco Sales Representative) (Signature of Customer's Authorized Representative) Safes Agent: Joseph Perez Sales Representative Registration Number (if applicable}: Title: (Name Printed) Date Signed: e-Form 88e00E00 (06/2012} Page 1 of 7 2912 Tyco. All Rights Reserved tqco integrated Security COMMERCIAL SALES AGREEMENT TOWN NO. 0149-MIAMI, FL CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 114961227 1-1 DMDSH6 SCOPE OF WORK ! SCHEDULE OF PROTECTION iV. SCOPE OF WORK / SCHEDULE OF PROTECTION ("SOW"): Tyco agrees to install or cause to be installed the Equipment and furnish the Service(s), collectively, the System, on he terms and conditions set out in this Agreement. A. Ownership of System and/or Equipment: Direct Sale (equipment to become property of the Customer upon payment of Installation Charges and Fees in full). B. Services to be Provided ("Services") Alarm monitoring and Notification Services: Video Surveillance Services: Managed Access Control Services: Video Equipment: Quality Service Plan(QSP)Maintenance; Preventive Maintenance/Inspection: Additional Services: No Service Selected No Service Selected No Service Selected No Service Selected Maintenance Quality Service Plan PROVIDED / Inspections NOT PROVIDED Hosted Access Service PROVIDED C. Equipment to be Installed ("Equipment"): Tyco will install, or cause to be installed, the Equipment (or equivalent), as set forth in this SOW in Customer's designated facility(ies). As used herein, installation` means: (i) affixing all Equipment and materials provided by Tyco at such locations within the facility(ies) as are designated by Customer, (ii) providing and pulling cables/wires required to connect the Equipment to Customers Communications Facilities and making such connections; (iii),, in the case of a Digital Communicator installation, mount Equipment and plug into RJ31X phone jack previously installed by Customer, (iv) in the case of radio installation, mount radio Equipment and program Equipment with number furnished by Customer; (v) providing and installing software/firmware required by the Equipment; (vi) performing testing as required to establish that the Tyco Equipment is connected, is functioning according to its specifications, and is communicating over Customer's Communications Facilities; and (v/) providing user -level training to Customer's designated representative in the use of such Equipment. Qty Product Name Location 1 - -- -.� Locksmith Services 5 Mag-Lock 7 100 r ioProx card, 26-bit Wiegand, standard (Increment Qty 5(1) 1 4-Door Hosted Access K'd: KT-400, 4 P325XSF Readers, transformer, battery 1 EXP KIT KT-300 TIS 1 KT-400 Expansion Module 8-Relay with SPI Cable (KT-MOD-SPI.16) 2 � ioProx reader, XSF, single -gang size, up to 20.5 cm (8 in) read range, black — I — I TREX PIEZ0/2RELAY,NO LOGO J 2 Exit Push Button w/ 30 Sec Timer, Customizable lens (Green/Red/Handicap) 1 Power Supply / Charger- 12VDC @ 10 Amp with ACM8 Power Controller Fire/Access interface installed. F 1 Placard with special emergency exit instructions as per Life Safety code. 1 - CAD Submittals & Drawings 1 1 Inspections - Fire or Card Access 1 Programming 1 Install Training D. Scope of Work: This Section is intended for installation use only. Any language contained in this Section that attempts to modify the Terms and Conditions of this Agreement shall be void and of DO effect. Contact information: Timothy A. BarbertlExecutive DirectortITHE BLACK ARCHIVES 19 NW 2nd Avenue_Miami, FL 33136:786-708-4610786-368.7663T System Operation: Kantech Hosted access control system, Customer manages system through he TycolS web portal.QThe system will regulate and monitor the following:fl1) Double doors leading from the Black Archives 1st floor area to the back of the house area for the Lyric Theater. These will include a set of delayed egress mag-locks with integrated door status sensors and alarm notification device. There will be a reader on each side (INIOUT). Egress through this door will require an authorized credential to prevent an alarm. Otherwise, in case of a fire or other emergency, the occupant need only press on the panic bar to exit. A placard provided by TycolS will warn the occupant that an alarm will sound and that the door will open in 15 seconds. The customer can be notified by the access control system of any event including emergency exit activation, door left ajar, forced entry, etc. based on programming. Entry into the Black Archives from the Theater side will be permitted only through he use of an authorized credential932) Single door from the Theater Lobby to the back of the house area. This door will be equipped with a mag-lock, door status sensor, RTE motion and push-button. Passage from the Lobby Area will be restricted using a card reader. Free egress to the Lobby at all times.0r3) Single door from the Theater Lobby Balcony to the back of the house area. This door will be equipped with a mag-lock, door status sensor, RTE motion and push-button. Passage from the Lobby Area will be restricted using a card reader. Free egress to the Lobby Balcony at all times.14) Single door from the Black Archives 2nd floor area to Stair 46 area.This door will be equipped with a mag-lock and door status sensor, Passage from the Black Archives will be restricted using a card reader. There will be no entry to Black Archives allowed through this door.]15) The elevator. A reader in the elevator cab will restrict card holders to accessing only the authorized floor.Til e-Form B680UE00(06/2012) Page 2 of 7 0 2012 Tyco. All Rights Reserved Programming Info: Set up of system components and devices. Verify networkfintemet connection0Set up mobile app on one customer provided compatible smart phone or tablet device. OCustorner is responsible for programming of system users, authority levels, schedules, etc. after initial training.uI Site Conditions: Historic Theater with attached 3 story office building.aHard and drop tile ceilings with all work to be done and devices under 12 feet high:DControl equipment to be located in the technical director's office on the 1st floor. Existing Equipment: None Customer Expectations: Automated documentation and recording of events for monitoring and security reports.itWork schedule will be coordinated with the contact persona and/or the GC.Tormal work hours will be 9 AM to 5 PM, M.F. IfiTycolS will work clean and remove its own trash. Training Expectations: TycolS will provide a formal training session for the staff as well as 24 hour tech support. IBasic training will include adding/deleting users, setting authority levels, creating scheduling and pulling reports and set up of mobile app on one customer provided smart phone or tablet device.. General Comments: Inspections for Electrical/Fire (Life Safety) are required and included.I1Permitting costs are not included. A signed rider for estimated permitting costs must accompany this agreement.¢ICustomer understands and agrees that final system design is subject to final AHJ approval.ICChanges, revisions ordered by the AHJ may result in additional labor and material charges to the customer. Customer is responsible for any additional costs arising from changes ordered by the AHJ. Customer Responsibilities 1 Tyco Exclusions: Customer will provide and/or maintain:mi) Power outlets as required by TycolS for system operation.312j A TCPl4P port (jack) at the location of the control panel with direct interne access. Furthermore, customer will ensure that there are no flrewalls or other settings that will hinder establishing and/or maintaining communication remotely. Ira) A relay module from the building's Fire Alarm system. TycolS will only provide a (POC) point of connection to said module for the purpose of meeting the Life/Safety code requirement that all 1'EX1T1" doors or doors with mag-locks release and provide free egress upon a Fire Alarm. This relay module will be mounted next to the access control panel.It4) Any wiring or installation of devices inside the elevator cab or any portion of the elevator machineryicontroller and traveler cableniCustomer acknowledges and agrees to have all of the above items completed and available to TycolS prior to the commencement of installation. titustomer wilt provide access to work areas during normal business hours of 9 to 5, M-F.1:Customer acknowledges and agrees to move/relocate without delay at the request of Tyco IS personnel any equipment, stock, merchandise, furniture, etc. which may impede installation or be a safety hazard as solely determined by TycolS. Documentation Needs: Site drawing in AutoCAD or PDF format, signed & notarized permit application, signed & notarized notice of commencement. Signed rider for permitting costs. Contract Notes • e-Form 8880UEo0 (06+2012) Page 3 of 7 © 2012 Tyco. AS Rights Reserved TERMS AND CONDITIONS TERMS AND CONDITIONS V.Customer and Tyco agree as follows: A. Services. A.1.Central Station Signal Receiving and Notification (Alarm Monitoring) Services. Intentionally left blank - Services have not been purchased. A.2.Communication Facilities. Intentionally left blank -Alarm Monitoring Services have not been purchased. A.4. uuanly bervioe Tian t-utsr ymamrenance;1estingllnspections Service. 1, Quality Service Plan ("QSP")/Maintenance. (a) If QSP Service is purchased, Tyco will, upon Customers request, provide and bear the expense of ordinary maintenance and repair of the Covered System(s) for issues arising out of normal wear and tear. The expense of all extraordinary maintenance and repair necessitated by or due to changes or alterations in the Customer's premises, alterations to a Covered System made by Customer, or made necessary by damage to the premises or to a Covered System, or to any cause beyond the control of Tyco, will be borne by the Customer. Customer will furnish, at Customer's expense, any necessary electric current and will furnish an outlet within 10 feet of an alarm control panel. (b) the following are not covered under QSP and any requested service will be provided an a time and materials basis: (1) window foil, (2) security screens, (3) any exterior mounted devices, (4) Programmable Read Only Memory "PROM", (5) batteries, and (6) "Conditions" not covered by warranty shown below. (c) Tyco's obligation to perform QSP Service relates solely to the Covered System(s) and Tyco shall not be obligated to maintain, repair, service, replace, operate or assure the operation of any device or devices not covered under QSP. Tyco is not liable for any loss due to water intrusion, mold, fungi, bacteria, or wet or dry rot. (d) If Customer does not purchase QSP before the expiration of the System Warranty, Tyro will provide QSP Service only after inspecting the System to be covered and making any necessary repairs or replacements to bring the System in compliance with Tyco's specifications andlor the standards set by any applicable laws, codes, or regulations. Customer will pay for any related tabor andlor materials for such work at Tyco's then applicable rates. (e) QSP Service will be furnished between a:OD A.M. and 4:30 P.M. Monday through Friday, except holidays. Tyco's obligation to provide QSP Service is conditioned upon the continued availability of system component(s) and parts from the original equipment manufacturer ("OEM"). 2. Testing/Inspections Service ("Tll"). If T11 Service is purchased, Tyco will provide the number of inspections/tests on the Covered System(s) as specified in this Agreement. Such T/I Services will be furnished between 8:00 A.M. and 4:30 P.M, Monday through Friday, except holidays, unless otherwise mutually agreed in advance by the Parties. A.4.Investigator Response Service. Intentionally left blank - Services have not been purchased. A.5, Select View Managed Video Services/Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased. A.5.1.VideolAudio Alarm Verification ServiceNideo Verification. Intentionally left blank - Services have not been purchased. l A.5.2.Video Guard Tour. Intentionally left blank - Services have not been purchased. A.5.3.Video Escort. Intentionally left blank- Services have not been purchased, t A.5.4.Video Assist. Intentionally left blank - Services have not been purchased. i ! A.5.5.Video Audit. Intentionally left blank - Services have not been purchased. i A.5.6.Outdoor Interactive Video Monitoring Services. intentionally left blank - Services have not been purchased. A.5.7. Managed Video Portal. Intentionally left blank -Services have not been purchased. A.5.8.Unatlended Delivery - Alarm Based Video Monitoring. Intentionally left blank - Services have not been purchased. A.5.9.Unattended Delivery - Live Video Monitoring of Process - Intentionally left blank - Services have not been purchased. A.6. Managed Access Control Services. Intentionally left blank - Services have not been purchased. A.7. DataSource Service. Intentionally left blank - Services have not been purchased, A.8. Vision/Vision with Auditing. Intentionally left blank - Service is no Longer offered. A.9. Hosted Access. Customer may use the service to help control access to its facilities through Tyco's web -based portal. Additional details may be found on httpsllhostedaccess.tycois.com A.10. Data Hosting/Storage Services. Intentionally left blank - Services have not been purchased. A.11. Mobile Security Management (WSW) Services. intentionally left blank - Services have not been purchased. 1 A.12. Software Support Services - No Upgrades. Intentionally left blank - Services have not been purchased. A.13. Lynx Network Duress and Emergency Notification System ("Lynx System"). intentionally left blank - Lynx System/Serviees have not been purchased. i---- A.14. RFID Tracking System ('System'). Intentionally left blank - RFID Systems have not been purchased. A.15. Additional Services. If any other services, including but not limited to the following, are being furnished under this Agreement, Customer and Tyco will enter into a separate Rider that will be attached to and incorporated as part of this Agreement: (a) Select Link - Immediate Response Information System (IRIS) (b) Managed Access Control (c) Electronic Article Surveillance ("EAS") (d) Guard Response Service (e) Radio Frequency Identification ("RFID") (f) Training Services (g) Watchman's Reporting Service. B. Warranty (90-Day). 1. For a "Direct Sale," any original part of the Equipment (as distinguished from the Software) installed under this Agreement, including the wiring, which proves to be defective in material or workmanship within ninety (90) days of the date of completion of the installation ("Warranty Period"), will be repaired or replaced, in Tyco's sole discretion, with a new or functionally operative part. Labor and materials required to repair or replace such defective components will be furnished at no charge during the Warranty Period. Warranty Services will be furnished between 8:00 A.M. and 4:30 P.M. Monday through Friday, except holidays. If Customer has purchased QSP as described in this Agreement, the foregoing Warranty Period will be extended for the time period purchased and at the additional cost shown for QSP in this Agreement. 2. The following "Conditions" are not covered by Warranty: (a) Damage or extra service time needed resulting from accidents, ads of God, lightning, strikes, riots, floods, terrorism, acts of War, alteration, misuse, tampering or abuse, adjustments, repairs or maintenance not done by Tyco or from parts, accessories, attachments or other devices not famished by Tyco; (b) Customer's failure to propedy follow operating instructions provided by Tyco; (c) Adjustments necessitated by misalignment of video cameras, improper adjustment of monitor brightness and contrast tuning dials or insufficient light on the area viewed by the camera(s); (d) Trouble due to interruption of Telecom Service; (a) Battery failure; (f) Devices designed to fail in protecting the System, such as, but not limited to, fuses and circuit breakers; or (g) System changes requested by Customer. If Customer calls Tyco for service under the Warranty and Tyco's representative finds that one of the "Conditions" has led to the inoperability or apparent inoperability of the System or any component, Tyco may bill Customer for the service call whether or not Tyco actually works on the System. If repairs are required due to one of the above "Conditions," Tyco will charge Customer for such work on a time and materials basis at Tyco's then applicable rates for labor and materials. 3.THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING TYCO'S NEGLIGENCE, IS REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. TYCO WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY TYCO OR NEGLIGENCE OF TYCO OR OTHERWISE. e-Form 888OUEOO (06/2012) Page4of7 © 2012 Tyco. All Rights Reserved C.System Requirements, Miscellaneous: The following provisions apply to ail Systems, Equipment, or Services installed or furnished by Tyco under this Agreement. 1.Vaults. Customer must ensure that any Customer vault protected by sound or vibration detector systems has the minimum construction characteristics prescribed by the Underwriters' Laboratories, Inc. 2.System Testing, Customer must test all detection devices or other electronic equipment according to procedures prescribed by Tyco prior to setting the alarm system for closed periods and must notify Tyco promptly if such equipment fails to respond to any such test. 3.Familiarization Period. UNLESS CUSTOMER HAS REJECTED THE FAMILIARIZATION PERIOD BY INITIALING THE APPROPRIATE LINE ON THE FIRST PAGE OF THIS AGREEMENT (EXCEPT WHERE FAMILIARIZATION IS REQUIRED BY LAW), CUSTOMER AGREES THAT: (a) DURING A FiVE (5) DAY FAMILIARIZATION PERIOD, OR SUCH PERIOD AS 1S REQUIRED BY LAW; AND (b) FOLLOWING COMPLETION OF THE INSTALLATION AND THE COMMUNICATIONS CONNECTION TO TYCO'S CMC (AND DURING ANY APPLICABLE EXTENSIONS); TYCO HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL RECEIVED AT THE TYCO CMC FROM CUSTOMER'S PREMISES DURING SUCH FAMILIARIZATION PERIOD. CUSTOMER ALSO AGREES THAT DURING SUCH PERIOD TYCO HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, CUSTOMER, OR A PERSON ON CUSTOMERS EMERGENCY CONTACT UST, OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL TYCO RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. 4.Special Equipment Requirements. If Customer requires installation or service of Equipment in areas inaccessible without the use of lifts or cranes, or ii non-standard conditions at the Customer site require special equipment for installation or service, Customer will provide such equipment, or wI€I reimburse Tyco for any applicable charges or fees. 5.Training Services. Tyco provides initial training to Customer on use of the Equipment installed at the time of installation. Thereafter, Customer may purchase additional training in one -hour increments at Tyco's then current rate. 6.Site Preparation, Intrusion and Restoration. Customer shall be responsible for providing 110VAC power, telephone connections, network drops and any required conduit, wiremold, or other raceway unless otherwise noted herein. Customer shall also be responsible for any required IP address assignments and additional network software licensing. The installation of Equipment may necessarily require cutting, bolting or fastening into Customer's floors, walls and/or ceilings. Tyco shall not be responsible for any expenses related to patching, floor or wall finishing, or paint, tile, carpet or wallpaper matching, restoration or replacement resulting from installation or service of the Equipment. 7.Closed Circuit Television {"CCTV")Nideo Equipment. intentionally left blank — no CCTVNideo Equipment has been purchased. 8. New York City Fire System. Intentionally left blank.— covered system is not installed in NYC D. Electronic Media; Personal Information; Consent to Call, Text or Email.1.E(ectronic Media. Either party may scan, fax, email, image, or otherwise convert this Agreement into an i electronic format of any type or form, now known or developed In the future. Any unaltered or unadulterated copy of this Agreement produced from such an electronic format will be legally binding upon the parties and equivalent to the original for all purposes, including litigation. Tyco may rely upon Customers assent to the terms and conditions of this Agreement, if Customer has signed this Agreement or has demonstrated its intent to be bound whether by electronic signature or otherwise. 2. Persona! Information. Customer represents and warrants that Customer has obtained all consents and has the right to (a) disclose to Tyco all personal information disclosed hereunder concerning individuals/employees/or other third parties including all information contained in Customer's Emergency Call List ("ECL"); (b) permit Tyco to collect (including consent to record telephone conversations with Tyco), use, disclose and transfer such personal information; and (c) expressly authorizes Tyco to use such personal information to administer the relationship and the agreement between Customer and Tyco, including, but not limited to, contacting Customer personnel at the telephone numbers and/or email addresses provided: (i) using SMS, text, prerecorded messages, or automated calling devices to deliver messages to seticonfimi a servicefrnstallation appointment; and/or (ii) io provide information or offers about products and services of interest to Customer. Customer acknowledges f' and agrees that Tyco may share all such information with its parents, subsidiaries, affiliates and its/their successor corporations or any subcontractor or assignee, within and outside the country in which the Customer is located and thereby subject such information to the laws of such countries. E. Limitation of Liability, 1. Tyco is not an Insurer. The amounts Tyco charges Customer are not insurance premiums. Such charges are based upon the value of the Services, System and Equipment provided and are unrelated to the value of Customer's property, the property of others located in Customers premises, or any risk of loss on Customer's premises. 2. Tyco's services, systems and equipment do not cause and cannot eliminate occurrences of the events they are intended to detect or avert, TYCO MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES THEREFROM. Accordingly, Tyco does not undertake any risk that Customer's person or property, or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with Customer, not Tyco. Insurance, if any, covering such risk shall be obtained by Customer. Tyco shall have no liability for loss, damage or injury due directly or indirectly to events, or the consequences therefrom, which the System or Services are intended to detect or avert. Customer shall look exclusively to its insurer and net to Tyco to pay Customer in the event of any such loss, damage or injury. Customer releases and waives for itself and its insurer all subrogation and other rights to recover from Tyco arising as a result of paying any claim for loss, damage or injury of Customer er another person. 3. If notwithstanding the provisions of this Section E, Tyco is found liable for loss, damage or injury under any legal theory due to a failure of the Services, System or Equipment in any respect, its liability shall be limited to a sum equal to 10% of the Annual Service Charge or $1,000, whichever is greater, as agreed upon damages and not as a penalty, as Customer's sole remedy. This will be the sole remedy because it is impractical and extremely difficult to determine the actual damages, if any, which may result from Tyco's failure to perform any of its obligations under this Agreement. If Customer requests, Tyco may assume greater liability by attaching a Rider to this Agreement stating the extent of Tyco's additional liability and the additional charges Customer will pay for Tyco's assumption of such greater liability. However, such additional charges are not insurance premiums and Tyco is not an insurer even if it enters into such a Rider. 4.The provisions of this Section E shall apply no matter how the loss, damage or injury or other consequence occurs, even if due to Tyco's performance or nonperformance of its obligations under this Agreement or from negligence, active or otherwise, strict liability, violation of any applicable consumer protection law or any other alleged fault on the part of Tyco, its agents or employees. If any other person, including Customer's subrogating insurer, makes any claim or files any lawsuit against Tyco in any way relating to the Services, System or Equipment that are the subjects of this Agreement, then Customer shall indemnify and hold Tyco harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorneys' fees. 5. No suit or action shall be brought against Tyco or its agents, employees, subsidiaries, affiliates or parents (both direct and indirect) more than one year after the incident that resulted in the Toss, injury or damage occurred, or the shortest duration permitted under applicable law if such period is greater than one year. 6.The provisions of this Section E shall apply to and benefit Tyco and its agents, employees, contractors, subsidiaries, affiliates, parents (both direct and indirect), vendors and affinity marketers. If this Agreement provides for a direct connection to a municipal police or fire department or other organization, then that department or other organization may also invoke the provisions of this Section E against any claims due to any failure of such department or organization. Tyco is not responsible for the preservation of any computer programs or data and Customer is responsible far maintaining adequate back-ups. F. Other Charges; Remedies; Termination.l.There may be a service charge to Customer for cancelled installation/service appointments if Customer cancels less than 24-hours prior to dispatch, or if Tyco's representative is sent to the Customers premises in response to a service call for false alarm or System malfunction caused by Customer's operation contrary to instructions, failure to close or properly secure a window, door or ether protected point, or improper adjustment of monitors or accessory components. 2.Failure to pay amounts when due shall give Tyco, in addition to any other available remedies, the right to terminate this Agreement and to charge interest at the highest legal rate on delinquent amounts, Customer agrees to pay all costs, expenses and fees of Tyco's enforcement of this Agreement, including collection expenses, court costs, and attorneys' fees. Installation Charge(s) are based on Tyco performing the installation with its own personnel. If for any reason installation must be performed by outside contractors, Installation Charge(s) may be subject to revision. 3.in addition to any other remedies available to Tyco, Tyco may terminate this Agreement and discontinue any Service(s) if {a) Tyco's CMC is substantially damaged by fire or catastrophe or if Tyco is unable to obtain any connections or privileges required to transmit signals between the Customers premises, Tyco's CMC or the Municipal Fire or Police Department or other first responder; (b) Customer fails to follow Tyco's recommendations for the repair or replacement of defective parts of the System not covered under the Warranty or QSP Service; (c) Customers failure to follow the operating instructions provided by Tyco results in an undue number of false alarms or System malfunction; (d) in Tyco's sole opinion, the premises in which the System is installed are unsafe, unsuitable, or so modified or altered after installation as to render continuation of Service(s) impractical or impossible; (e) Tyco is unable to obtain or continue to support technologies, TeleCom Services, Communication Facilities, Equipment or component parts thereof that are discontinued, become obsolete or are otherwise not commercially available; or (f) Customer fails to make payments when due or otherwise breaches this Agreement. Tyco will not be liable for any damages or subject to any penalty as a result of any such termination. G. Hazardous Materials. For all projects except those involving new construction, Customer represents and warrants that to the best of Customer's knowledge the work site is free of any hazardous materials. The term 'hazardous materials includes but is not be limited to asbestos, asbestos -containing material, polychlorinated biphenyl ('PCB"), formaldehyde or other potentially toxic or otherwise hazardous material. If any such substance is discovered on the work site, Tyco will not be required to install or service the Equipment at such site unless and until Customer certifies the removal or safe containment of such hazardous materials. Customer shall indemnity, defend, and hold Tyco, its officers, directors, agents, and vendors harmless from any damages, claims, injuries, liabilities resulting from the exposure of Tyco's employees, contractors, or subcontractors to hazardous materials at the work site; provided, however, that the foregoing provision will not apply when it has been determined that such hazardous materials were brought to the work site by Tyco. H. Waivers. 1.Waiver of Jury Trial. CUSTOMER AND TYCO BOTH AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN ANY MANNER CONNECTED WITH OR RELATED TO THIS AGREEMENT. 2.Mutual SAFETY Act Waiver. Certain of Tyco's systems and services have received Certification and/or Designation as Qualified Anti -Terrorism Technologies NAM under the Support Anti -terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C, §§ 441-444 (the "SAFETY Act"). e•Form 88B0UE00 06/2012) Page 5 of 7 i 2012 Tyoo, All Rights Reserved As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, Tyco and Customer hereby agree to waive their right to make any claims against the other for any losses, including business interruption lasses, sustained by either party or their respective employees, resulting from an activity resulting from an "Act of Terrorism` as defined in 6 C.F.R. 25.2, when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism. L Miscellaneous. 1.Enforceability. If any of the provisions of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 2.Paragraph and Section Headings; Captions; Counterparts. The headings and captions contained in this Agreement are inserted for convenience or reference only, and are not to be deemed part of or to be used in construing this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such separate counterparts shall together constitute but one and the same agreement. 3. FARs. Tyco supplies "commercial items' within the meaning of the Federal Acquisition Regulation (FAR), 48 CFR Parts 1-53. As to any customer order for a U.S. government contract or funded directly or indirectly with Federal funds, Tyco will comply only with the following mandatory flow -downs for commercial item subcontracts pertaining to Utilization of Small Business Concerns, Equal Opportunity, Affirmative Action, and Veterans Employment: 52.219.8; 52.222.26; 52.222-35; 52.222-36; and 52.222-37. 4. Export Control. Customer shall not export or re-export, directly or indirectly, any: (i) product or service provided under this Agreement; (ii) technical data; (iii) software; {iv) information; or (v) items acq wired under this Agreement to any country for which the United States Government (or any agency thereof) requires an export license or other approval without first obtaining any licenses, consents or permits that may be required under the applicable laws of the U.S. or other foreign jurisdictions, including the Export Administration Act and Regulations and shall incorporate in all export shipping documents the applicable destination control statements. Customer shall, at its own expense, defend, indemnify and save Tyco harmless from and against all third party claims, liability, loss or damage (including attorneys' fees and other defense costs), assessed against or suffered by Tyco as a result of an allegation or claim of noncompliance by Customer with this Section. The obligations contained in this Section shall survive the termination or expiration of this Agreement. 5.Insurance. Tyco maintains comprehensive General Liability and Automobile Liability Insurance in amounts that meet or exceed: $1,000,000 per incident - $2,000,000 in the aggregate and Worker's Compensation coverage as required by law. Tyco wili not be required to provide a waiver of subrogation in favor of any party, nor will Tyco be required to designate any party as a statutory employer for any purposes. 6. Tyco Brand. Without exception, Tyco -branded Signage, including yard signs, window stickers and warning signs will remain the property of Tyco and may be removed by Tyco at any time. Customer's right to display Tyco -branded Signage is not transferable and ceases upon termination or expiration of this Agreement. 7.Resale. If Tyco is connecting to a previously installed existing system, to the extent the previously installed existing system is Customer's properly, it shall remain Customers property. J. System Software; Network Connections. 1. Any software provided with the System or in connection with the Services is proprietary to Tyco and/or Tyco's supplier(s) and is licensed or sublicensed to Customer on a non-exclusive basis. Customer may not (a) disclose the Software or source code to any Third parties, (b) duplicate, reproduce, or copy all or any part of the Software, or (c) use the Software on equipment other than with the designated System with which it was furnished. A separate Software License Agreement or End User License Agreement between Tyco and Customer and/or the software publisher may be required to use the software and/or obtain updates/upgrades. If the installed Equipment is to be connected to Customer's computer network (°Network°}, Tyco will furnish and install the software needed to run the Equipment and will connect the Equipment to the Network according to the Network settings supplied by Customer. Installation shall not include modifications 10 the Network, security, or firewall settings. Customer will supply a TCP/IP Ethernet network address and central processing unit per Tyco specifications for access oontol system operation. Tyco shall not be responsible for the setup, operation, or maintenance of the Network or Network performance or compatibility issues. Tyco may assess additional charges, if Tyco is unable to connect to the Network or if any additional Equipment is required to facilitate connectivity between the Network and the Equipment. 2. Open Source Software. Tyco represents and warrants to the end user of the System that, to the extent the System includes any Open Source Software, the internal use and operation of the System by the end user will not create any obligation on the part of the end user under the terms of any Open Source License (i) to make any source code or object code available to third parties, or (ii) to license, disclose or otherwise make available to third parties any proprietary software, data or other information, or any associated intellectual property. As used herein, the term "Open Source Software means any software, program, module, code, library, database, driver or similar component (or portion thereof) that is royalty free, proprietary software, the use of which requires any contractual obligations by the user such as, without limitation, that software that is subject to, distributed, transmitted, licensed or otherwise made available under any of the following licenses: GNU General Public License, GNU Library or 'Lesser Public License, Berkeley Software Distribution (BSD) license (including Free BSD and BSD-style licenses), MIT license, Mozilla Public License, IBM Public License, Apache Software License, Artistic license (e.g., PERL), Sun Industry Standards Source License, Sun Community Source License (SCSL), Intel Open Source License, Apple Public Source License, or any substantially similar license, or any license that has been approved by the Open Source Initiative, Free Software Foundation or similar group (collectively, 'Open Source Licenses"). K. Force Majeure. TYCO ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE SYSTEM OR ANY EQUIPMENT OR FOR THE CONSEQUENCES THEREFROM, HOWEVER CAUSED, OR FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS, FLOODS, TERRORISM, ACTS OF GOD, ACTS OF WAR, OR ANY CAUSES BEYOND THE CONTROL OF TYCO, TYCO WILL NOT BE REQUIRED TO SUPPLY SERVICE TO CUSTOMER WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE CONTINUES, IN NO EVENT WILL TYCO BE LIABLE FOR LOSS OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. L. Assignment. This Agreement is not assignable by the Customer except upon written consent of Tyco first being obtained. Tyco shall have the right to assign this Agreement or to subcontract any of its obligations under this Agreement without notice to Customer. M. License Information: AL 2014/15.1498,1499,1500,1501,1502,1542,594,595 The Security Industry is governed by the rules and regulations of the Alabama Etectronic Security Board of Licensure. If you would like information on these rules and regulations or would like to register a complaint you can contact the Board at: AESBL 7956 Vaughn Rd., Montgomery 36116, (334) 264-9388 Fax: 334-264-9332; AK38381, 5520 Lake Otis Pkwy, Anchorage, AK 99507;AR 0030740114 , AR 0003587 - Regulated by Arkansas Bd. of Private Investigators & Private Security Agencies, #1 State Police Plaza Dr., Little Rock 72209, (501) 618.8600, AZ ROC281489; CA AC07207, 977249; alarm company operators are licensed and regulated by the Bureau of Security & investigative Services, Dept. of Consumer Affairs, Sacramento, CA 95814; DC ECS1327; FL EF20000890,EF20000341,EF0000478; GA LVA205386, -204776,- 205526, LV0001160, -004635; HI CT-32427;:IL 127001526; MA 45-C MI51032662206311,-4182 Pier North Dr. Ste. D, Flint, MI48504; MN TS651063; NC 846-CSA- Alarm Systems Licensing Bd., 1631 Midtown PI., Ste.104, Raleigh, 27609 (919) 875-3611; NM 375283; NV 0077542 NY12000305846, Licensed by NYS Dept of State; OH E16782, 50-18-1052, 50-25- 1050, 50-29-0003, 50-48.1032, 50.50-1019, 50-76-0006, 53-89-1726, 53-31-1582; OK 67 ; OR CLE322, 197010; PA Pennsylvania Home Improvement Contractor Registration Number: PA016083; RI 18004,2726, AF-09170; TN ACC -1704, -1705, -1705,-1707,1708, -1709, -1710, -1711; TX 800536-4200 Buckingham Road Ste 150, Ft. Worth, TX 76115 — Texas Private Security Bureau, 5805 N. Lamar Blvd, Austin 78752; UT8390557-6501; VA: 11-7573; 11-7587; 11-7580; 11-7575; 11-7591; 11-7589; 11-7578, 2705147765A; WA EC06 TYCOIIS88600, 11824 N Creek Pkwy. #105, Bothell, WA 98011; WV 050291. Additional information is available at www.tycois.com or by calling 1-800-2TYC01S. FL: EF20000890. ©2012 TYCO. Alf rights reserved. e-Form 888011E00 (0612012) Page 6 of 7 �+ 2012 Tyco. AEI Rights Reserved tqcci Integrated Security COMMERCIAL SALES AGREEMENT TOWN NO. 0149-MIAMI, FL CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 114961227 1.1DMDSH6 ADDITIONAL TERMS AND CONDITIONS Tyco Integrated Security LLC ("Tyco") The Black Archives dlble: Joseph Perez ("Customer') 3133 Commerce Parkway, Customer Billing Information Miramar, FL 33025 5400 NW 22nd Ave, Box 300, Building C, Suite 101 Tele. No. (786) 999-4163 Miami, FL 33142 Attn: Timothy Barber Tele. No. (305) 637-3420 Notwithstanding anything in the Agreement to the contrary, Tyco and Customer agree as follows: Terms and Conditions r— NC Power. Customer Mil supply the necessary 110VAC power as required by Tyco. r-- Elevator Integration. Cable installation and integration to elevator will be provided by Customer's elevator vendor/servicing company. Customer Premises Serviced 819 Nw 2nd Ave, Miami, FL 33136 Attn: Timothy Barber Tele. No. (305) 636.2390 DATE: 3/16(2015 TCP/IP. Customer will supply a TCPAP ethernet network address per Tyco specifications for access control system operation. Ceiling Tiles, Painting, Patching. Tyco is not responsible for damaged ceiling tiles, painting or patching. Customer agrees to pay, or reimburse Tyco for the purchase of any required permits and payment of any fees assessed by the AHJ, in addition to reasonable administration fees assessed by Tyco to obtain and maintain such permits. Tyco makes every reasonable attempt to estimate and collect such fees from Customer in advance of the installations however, in some cases it is not practicable or possible to do so. In such event, Customer will be invoiced for the fees owed and balance due. Electronic Media. Ether party may scan, fax, email, image, or otherwise convert this Agreement into an electronic format of any type or form, now known or developed in the future. Any unaltered or unadulterated copy of this Agreement produced from such an electronic format will be legally binding upon the parties and equivalent to the original for all purposes, including litigation. Tyco may rely upon Customer's assent to the terms and conditions of this Agreement, if Customer has signed this Agreement or demonstrated its intent to be bound whether by electronic signature or otherwise. Ail other terms and conditions of the Agreement, except those expressly modified herein, shall remain in full force and effect. TYCO INTEGRATED SECURITY LLC CUSTOMER: Presented by: Accepted By: (Signature of Tyco Sales Representative) (Signature of Customer's Authorized Representative) Sales Agent: Joseph Perez Sales Representative Registration Number (if applicable): Titre: (Name Printed) Date Signed: e-Form 8880UE00 (06/2012) Page 7of7 2012 Tyco. All Rights Reserved tqcci Integrated Security COMMERCIAL SALES AGREEMENT Tyco Integrated Security LLC ("Tyco") Joseph Perez 3133 Commerce Parkway, Miramar, FL 33025 Teie. No, (786) 999-4163 TOWN NO, 0149-MIAMI, FL The Black Archives d&bear ("Customer") Customer Billing Information 5400 NW 22nd Ave, Box 300, Building C, Suite 101 Miami, FL 33142 Attn: Timothy Barber Tele. No. (305) 637-3420 11 IJIJlIILII1JIL 1111 11 CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 114961227 1-1C74J67 Customer Premises Serviced 819 Nw 2nd Ave, Miami, FL 33136 Attn: Timothy Barber Tele. No. (305) 636-2390 DATE: 3/16/2015 This Commercial Sales Agreement is between Customer and Tyco effective as of the date signed by Customer. By entering into this Agreement, Tyco and Customer agree to the Terms and Conditions contained in this Agreement. The Equipment and/or Services, collectively the System(s) covered under this Agreement islare listed in the attached Schedule(s) of Protection 1 Scope of Work ("SOW). I. THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS AGREEMENT AND ARE INCORPORATED BY REFERENCE: (a) Hazardous Substance Checklist and Customer Letter (e) State Specific Forms, if applicable (e.g., local permit applications) (b) Scope of Work 1 Schedule(s) of Protection (f) Customer Installation Acceptance Form (specific to Equipment/Services purchased) (c) Terms and Conditions (g) If multiple locations, see attached schedule (d) Additional Terms and Conditions II. CHARGES AND FEES: Customer agrees to pay the Sum of $1,000,00 ("Installation Charge") with $ payable upon acceptance of this Agreement ("Installation Charge Deposit") plus any applicable "Fees" and sales taxes. Tyco may invoice Customer for progress billings based upon Equipment and/or System components delivered or stored, and/or Services performed before completion of the System/Equipment installation, activation of the System, connection to the CMC, or any other Service(s). All outstanding Installation Charges and/or Fees shall be due and payable upon completion of the installation of the EquipmentlSystem and as a precondition to activation of System and, if applicable, connection to Tyco's Central Monitoring Center ("CMC") or any other Service(s), Any changes in the STATEMENT OF WORK 1 SCHEDULE OF PROTECTION made by the Customer after execution of this Agreement must be agreed to by Tyco and the Customer iin writing and may be subject to additional charges and/or fees. Any equipment ordered by Customer by e-mail or telephone order shall be subject to terms and conditions of the Agreement and may be subject to shipping, handling, and/or restocking fees. For the Service(s) provided as indicated in this Agreement, Customer agrees to pay Service Charges in the amount of $ 2,730.00 per annum (the "Annual Service Charge"), payable in advance Quarterly plus applicable state and/or local lax(es) for 5 year(s} (the 'Initial Term') effective from the date such Service is operative under this Agreement. Until Customer has paid Tyco the Installation Charge and Fees in full, Customer grants to Tyco a security interest in the Equipment and all proceeds thereof to secure such payment. After the Initial Term this Agreement shall automatically renew on alan Annual basis unless terminated by either party upon written notice at least thirty (30) days prior to the anniversary date. Tyco shall have the right to increase Annual Service Charge(s) after one (1) year. For termination prior to the end of the Initial Term, Customer agrees to pay, in addition to any outstanding Fees and charges for Service(s) rendered prior to termination, 90% of the Annual Service Charge(s) remaining to be paid for the unexpired term of the Agreement as liquidated damages but not as a penalty, Additionally, Customer agrees to pay any assessments, taxes, fees or charges imposed by any governmental body, telephone, communication, or signal transmission company such as false alarm, permitting or connection fees, or administration fees or service charges assessed by Tyco related to AHJ requirements and/or changes to applicable laws, the need to reprogram alarm controls/devices to comply with area code, signal transmission, numbering or other changes relating to the installed Equipment and/or Service(s) provided under this Agreement ( 'Fees"). III. ENTIRE AGREEMENT; CUSTOMER ACCEPTANCE: This Agreement, together with all of its written Amendments, Riders, Scope of Work and/or Exhibits, constitutes the entire agreement between the Customer and Tyco relating to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements and understandings. The terms and conditions of this Agreement will prevail over any conflicting, inconsistent or additional terms and/or conditions contained in any purchase order, agreement, or other document issued by Customer. In signing this Agreement, Customer is not relying on any advice, advertisements, or oral representations of Tyco and agrees to be bound to the terms and conditions contained in all the pages of the Agreement. Customer agrees that any representation, promise, condition, inducement or warranty, express or implied, not included in this Agreement will not be binding upon Tyco, and that the terms and conditions in this Agreement apply as printed without alteration or qualification, except as specifically modified by a written agreement signed by Tyco and Customer. Any changes in the Statement of Work or scope of the work requested by the Customer after the execution of this Agreement may result in additional cost to the Customer and any such changes/additions must be authorized in a writing signed by both the Customer and Tyco. Customer's failure to accept and sign this Agreement within ninety (90) days of the date shown above may result in price increases. Customer acknowledges that: (a) Tyco has explained the full range of protection, equipment, and services available to Customer; (b) additional protection over and above that provided herein is available and may be obtained from Tyco at an additional cost to the Customer; (c) Customer desires and has contracted for only the Equipment and/or Service(s) itemized in this Agreement; (d) the Equipment/Service(s) specified in this Agreement are for Customer's own use and not for the benefit of any third party; (e) Customer owns the premises in which the Equipment is being installed or has the authority to engage Tyco to cany out the installation in the premises', and (f) Customer will comply with all laws, codes and regulations pertaining to the use of the EquipmenlService(s). ATTENTION IS DIRECTED TO THE WARRANTY, LIMIT OP LIABILITY AND OTHER CONDITIONS CONTAINED IN THE SECTIONS ENTITLED "TERMS AND CONDITIONS" AND "ADDITIONAL TERMS AND CONDITIONS", THIS AGREEMENT REQUIRES FINAL APPROVAL OF A TYCO AUTHORIZED MANAGER BEFORE ANY EQUIPMENT/SERVICES MAY BE PROVIDED. IF APPROVAL IS DENIED, THIS AGREEMENT WILL BE TERMINATED AND TYCO'S ONLY OBLIGATION TO CUSTOMER WILL BE TO NOTIFY CUSTOMER OF SUCH TERMINATION AND REFUND ANY AMOUNTS PAID IN ADVANCE. IF MAINTENANCE SERVICE IS DECLINED, CUSTOMER MUST INITIAL IF A 5-DAY FAMILIARIZATION PERIOD IS REQUESTED, CUSTOMER MUST INITIAL HERE HERE TYCO INTEGRATED SECURITY LLC CUSTOMER: Presented by: Accepted By: (Signature of Tyco Sales Representative) (Signature of Customer's Authorized Representative) Sales Agent: Joseph Perez Sales Representative Registration Number (if applicable): (Name Printed) Title: Date Signed: e-Form e88oUE00 (06/2012) Page 1 of B ® 2012 Tyco. All Rights Reserved tqca Integrated Security COMMERCIAL SALES AGREEMENT TOWN NO C149-M;AMI, FL CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 114961227 1.1C70J67 SCOPE OF WORK / SCHEDULE OF PROTECTION IV. SCOPE OF WORK f SCHEDULE OF PROTECTION ("SOW"): Tyco agrees to install or cause to be installed the Equipment and furnish the Service(s), collectively, the System, on the terms and conditions set out in this Agreement. A. Ownership of System andfor Equipment: Tyco Owned - Tyco may remove or upon written notice to the Customer, abandon in whole or in part, all devices, instruments, appliances, cabinets, and other materials associated with the system, upon termination of this agreement, without obligation 10 repair or redecorate any portion of the Customer's premises upon such removal, and the removal or abandonment of such materials shall not be held to constitute a waiver of the right of Tyco to collect any charges which have been accrued or may be accrued hereunder. B. Services to be Provided ("Services") Alarm monitoring and Notification Services: Video Surveillance Services: Managed Access Control Services: Video Equipment: Quality Service Plan(QSP)Maintenance; Preventive Maintenancellnspechon: Additional Services: Burglar Alarm Monitoring PROVIDED No Service Selected DataSource Access with Supervised Open & Close Service on Customer Schedule and User Logging PROVIDED No Service Selected Maintenance Quality Service Plan PROVIDED f Inspections NOT PROVIDED Cellular, Radio Services PROVIDED C. Equipment to be Installed ("Equipment"): Tyco will install, or cause to be installed, the Equipment (or equivalent}, as set forth in this SOW in Customer's designated facility(ies). As used herein, "installation" means: (i) affixing all Equipment and materials provided by Tyco at such locations within the facility(ies) as are designated by Customer; (ii) providing and pulling cables/wires required to connect the Equipment to Customer's Communications Facilities and making such connections; (iii), in the case of a Digit& Communicator installation, mount Equipment and plug into RJ3IX phone jack previously installed by Customer; (iv) in the case of radio installation, mount radio Equipment and program Equipment with number furnished by Customer, (v) providing and installing softwareltirmware required by the Equipment; (vi) performing testing as required to establish that the Tyoo Equipment is connected, is functioning according to its spectfications, and is communicating over Customer's Communications Facilities, and (vii) providing user -level training to Customers designated representative in the use of such Equipment. Qty Product Name Location 1 AS NOW INSTALLED: 1 Security Alarm Pan& 1 Back-up Radio 1 Touchpad(s) -- _ -- ----— — --- 25 Door/ Window Contacts 14 Motion Detectors 1 Sounder 1 Power Transformer 1 TO BE INSTALLED: 2 Battery, Sealed Lead -Acid, 12 Volt, 7,0Ah 2 DoorfWindow Transmitter with Walt Tamper and End of Line Resistor 1 Focus 200 Interactive Keypad 1 Programming 1 Inspections, Electrical Rough & Final 1 Permit Fees 1 Permit Administration Fee D. Scope of Work: This Section is intended for installation use only. Any language contained in this Section that attempts to modify the Terms and Conditions of this Agreement shall be void and of no effect Contact Information: Timothy A. BarberaExeoutive DirectordTHE BLACK ARCHIVES:819 NW 2nd Avenue<Miami, FL 33136:786-708.4610786-368-7663: System Operation: Adding keypad and partitioning the theater side from the 3 story offices side.mAdding wireless contacts at the common double doors on the 1st floor area between the Black Archives and the Lyric Theater.IrSee drawing for locations of equipment. Programming Info: Partitioning required,frA) Lyric Theater AreasiB) Black Archives Office Building Areas000mmon door to be armed/disarmed with partition B.EAiso program to shunt when a valid card read is detected by the access control system under a separate job. Site Conditions: Existing theater with attached office building. Hard and drop life ceilings.ftAlI work to be done is under 12 feel in height. Existing Equipment: Existing Focus Cadet, wired and wireless devices e-Farm 8880UE00 (06/2012) Page 2 of 8 0 2012 Tyco. All Rights Reserved Customer Expectations: Work schedule MI be coordinated with the contact persona andlor the GC. Normat work hours will be 9 AM to 5 PM, M-F. TycolS will work clean and remove its own trash. Training Expectations: Arming/disarming partitions. General Comments: Permit and inspections are required and included Customer Responsibilities 1 Tyco Exclusions: Customer will provide and/or maintaina1) Power outlets as required by TycolS for system operation.12) An active, analog phone line wth jack at the locatiort of the control panet.fCustomer acknowledges and agrees to have ail of the above items completed and available to TycoiS prior to the commencement of installation. 9Custamer will provide access to work areas during normal business hours of 9 to 5, M-F.IfCustomer acknowledges and agrees to move/relocate without delay at the request of Tyco IS personnel any equipment, stock, merchandise, furniture, etc. which may impede installation or be a safety hazard as solely determined by TycolS.' Documentation Needs: Signed & notarized permit application. Contract Notes - e-Form 86600E00 (06/2012) Page 3 of 8 ® 2012 Tyco. All Rights Reserved TERMS AND CONDITIONS TERMS AND CONDITIONS V.Customer and Tyco agree as follows: A. Services. — -- A.l. Central Station Signal Receiving and Notification ("Alarm Monitoring") Services. 1. If an alarm signal registers at Tyco's alarm monitoring censer ('CMG"), Tyco wilt endeavor to notify the appropriate Po€ice or Fire Department and if required by local law, the Customer's designated representative. If a burglar alarm signal or fire signal registers at Tyco's CMC, Tyco at its sole discretion may endeavor to contact the Customers premises by telephone to verify that the alarm is not false. Failing to contact the Customer promptly or questioning the nature of the response received upon such contact, Tyco shall endeavor to notify the appropriate Police/Fire Department. if a supervisory or trouble signal registers al Tyco's CMC, Tyco wit endeavor to notify the Customer's designated representative. 2. If Customer has purchased alarm monitoring service that requires Police, Fire, Guard Response, or Medical Emergency Response/Notification or Two Way Voice monitoring services and such an alarm is received at Tyco's CMC, then Tyco may, in its sole discretion, endeavor either (a) to contact Customer andlor anyone Customer has identified as having authority to act on Customers behalf on Customer's Emergency Contact List ("ECL') by telephone or Two Way Voice communication, or (b) use video or audio feed from Customer's premises to confirm chat the alarm is not false. If Tyco fails to contact Customer or someone on Customers ECL or, if Tyco questions the response received upon such contact, then Tyco will endeavor to notify the appropriate Police/Fire Department or other emergency response provider. If Guard Response Service is being provided, Tyco will, for an alarm that requires Police response, endeavor to dispatch a Tyco Representative to make an investigation of the exterior of the premises from his/her vehicle and, upon evidence of an attack, Tyco will endeavor to notify the appropriate Police Department. TYCO WILL NOT ARREST OR DETAIN ANY PERSON. Customer agrees that Tyco will have no liability pertaining to the recording (or failure to record) or publication of any Two Way Voice communications, Internet, or other Video recordings or the quality of such recordings, if any. 3. If Supervisory Alarm or Trouble Alarm monitoring services are purchased (or if such services are actively programmed into the System) and such an alarm is received by Tyco, Tyco will endeavor to notify Customer's designated representative. 4. If Customer has identified persons on Customer's ECL authorized to act on Customer's behalf, Tyco will endeavor to contact such persons before Tyco endeavors to notify the Police/Fire Department. 5. The System may not operate with other companies' alarm monitoring equipment. If Customer cancels any Services, this incompatibility may prevent Customer from continuing to use the System. Customer understands that local laws, ordinances or governmental policies may restrict andlor limit Tyco's ability to provide alarm monitoring and notification services andlor necessitate modified or additional services and expense to Customer. Customer understands that Tyco may employ any number of current ar future industry -recognized measures to help reduce occurrences of false alarm signal activations, These measures may include, but are not limited to, implementation of industry -recognized default settings on alarm panels including those authorized under ANSI•SIA CP-01.2000; default settings for "swinger shutdown' of specific alarm zones; implementation of 'partial dear time bypass" procedures at Tyco's CMC; andlor other similar measures employed by Tyco periodically in Tyco's sole discretion, THESE MEASURES CAN RESULT IN NO ALARM SIGNAL BEING SENT FROM AN ALARM ZONE IN CUSTOMER'S PREMISES AFTER THE INITIAL ACTIVATION UNTIL CUSTOMER MANUALLY RESETS THE ALARM SYSTEM. B. Customer understands that, upon receiving notification that a fire or carbon monoxide signal has been received by Tyco, the Police, Fire Department or other responding authority may forcibly enter Customer's premises. 7.Alam1 Verification Services. Intrusion detection/burglar alarm equipment may require activation of two sensors, or a second activation of a single sensor, or activation of a continuous alarm event from a single sensor to meet the requirements of local laws, ordinances or other requirements of the Police Department. Customer is solely responsible for operating on -premises bypass or switch units to disconnect or reconnect the alarm sounding or transmitting equipment. 8.5•Day Familiarization Period. If Customer has requested a 5-day "Familiarization Period" following completion of installation, and if needed, an extension period to enable Customer to become familiar with the system operation, then during this Familiarization Period Customer agrees that if any signal (including an alarm signal) of any nature registers at Tyco's CMC, Tyco will not respond to any signals, or endeavor to notify any authorities, Customer, or Customer's designated representative(s), or undertake any ether action with regard to any signal, whether or not due 10 an actual emergency event. 9. Direct Connection Service, if such service is available/required in Customer's location a "Direct Connection" may be made to the Customer's Municipal Police, Fire Department, or other agency, and signals transmitted by the System wilt be monitored directly by such Municipal Police, Fire Department, or other agency personnel (collectively, "Municipal Personnel"), none of whom are agents of Tyco. Tyco does not assume any responsibility or liability for the manner in which such signals are monitored or the response, If any, made by such Municipal Personnel to such signals. 10. Parallel Protection Service. If Customer chooses a Tyco approved cellular back-up service, alarm signals may be transmitted to Tyco's CMC from Customers premises over a cellular communications network if Customer's primary telephone service is interrupted. A.2. Communication Facilities. (a) Authorization. To facilitate Tyco's ability to provide Service under this Agreement, Tyco may make requests for information, service, or equipment in any respect on behalf of Customer to Customer's telephone service provider, wireless carrier, or other entity providing communication facilities or services for transmission of alarm signals (the 'TeleCo'). (b) Digital Communicator. if a Digital Communicator is used 10 connect 10 Tyco's CMC, Customer wit provide a connection through a telephone jack to Customers TeleCo service as required to operate the System, Equipment, or to provide the Service. Such connection wit be electrically first before any other telephone or Customer equipment, and will be located within 10 feet of the alarm/control panel. Tyco will provide such connection at Customer's request and expense, (c) General. TYCO'S RECEIPT OF ALARM SIGNALS, ELECTRONIC DATA, VOICE DATA OR IMAGES (COLLECTIVELY, 'ALARM SIGNALS') FROM THE EQUIPMENT OR SYSTEM INSTALLED IN CUSTOMER'S PREMISES IS DEPENDENT UPON PROPER TRANSMISSION OF SUCH ALARM SIGNALS. TYCO'S CMC CANNOT RECEIVE ALARM SIGNALS WHEN THE CUSTOMER'S TELECO SERVICE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT, INTERFERED WITH, OR IS OTHERWISE DAMAGED, OR IF THE ALARM SYSTEM IS UNABLE TO ACQUIRE, TRANSMIT OR MAINTAIN AN ALARM SIGNAL OVER CUSTOMERS TELECO SERVICE OR TRANSMISSION MODE FOR ANY REASON INCLUDING BUT NOT LIMITED TO NETWORK OUTAGE CR OTHER NETWORK PROBLEMS SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR INSTABILITY OF SIGNAL QUALITY. CUSTOMER UNDERSTANDS THAT SIGNAL TRANSMISSION FAILURE MAY OCCUR OVER CERTAIN TYPES OF TELECO SERVICES SUCH AS SOME TYPES OF DSL, ADSL, VOIP, DIGITAL PHONE, INTERNET PROTOCOL BASED PHONE OR OTHER INTERNET INTERFACE -TYPE SERVICE OR RADIO SERVICE, INCLUDING CELLULAR, WIRELESS OR PRIVATE RADIO, OR CUSTOMER'S PROPRIETARY TELECOMMUNICATION NETWORK, INTRANET OR IP-PBX, 0R OTHER THIRD -PARTY EQUIPMENT OR VOICE/DATA TRANSMISSION NETWORKS OR SYSTEMS OWNED, MAINTAINED OR SERVICED BY CUSTOMER OR THIRD PARTIES, IF: (1) THERE IS A LOSS OF NORMAL ELECTRIC POWER TO THE MONITORED PREMISES OCCURS (THE BATTERY BACK-UP FOR TYCO'S ALARM PANEL DOES NOT POWER CUSTOMER'S COMMUNICATION FACILITIES OR TELECO SERVICE); OR (2) ELECTRONIC COMPONENTS SUCH AS MODEMS MALFUNCTION OR FAIL. CUSTOMER UNDERSTANDS THAT TYCO WILL ONLY REVIEW THE INITIAL COMPATIBILITY OF THE ALARM SYSTEM WITH CUSTOMER'S TELECO SERVICE AT THE TIME OF INITIAL INSTALLATION OF THE ALARM SYSTEM AND THAT CHANGES IN THE TELECO SERVICE'S DATA FORMAT AFTER TYCO'S INITIAL REVIEW OF COMPATIBILITY COULD MAKE THE TELECO SERVICE UNABLE TO TRANSMIT ALARM SIGNALS TO TYCO'S CMC. IF TYCO DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMERS TELECO SERVICE IS COMPATIBLE, TYCO WILL PERMIT CUSTOMER TO USE ITS TELECO SERVICE AS THE PRIMARY METHOD OF TRANSMITTING ALARM SIGNALS, ALTHOUGH CUSTOMER UNDERSTANDS THAT TYCO RECOMMENDS THAT CUSTOMER 'ALSO USE AN ADDITIONAL BACK-UP METHOD OF COMMUNICATION TO CONNECT CUSTOMER'S ALARM SYSTEM TO TYCO'S CMC REGARDLESS OF THE TYPE OF TELECO SERVICE USED. CUSTOMER ALSO UNDERSTANDS THAT IF TYCO DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER'S TELECO SERVICE IS, OR LATER BECOMES, NON -COMPATIBLE, OR IF CUSTOMER CHANGES TO ANOTHER TELECO SERVICE THAT IS NOT COMPATIBLE, THEN TYCO WILL REQUIRE THAT CUSTOMER USE AN ALTERNATE METHOD OF COMMUNICATION ACCEPTABLE TO TYCO AS THE PRIMARY METHOD TO CONNECT CUSTOMER'S ALARM SYSTEM TO TYCO'S CMC. TYCO WILL NOT PROVIDE FIRE OR SMOKE ALARM MONITORING FOR CUSTOMER BY MEANS OTHER THAN AN APPROVED TELECO SERVICE AND CUSTOMER UNDERSTANDS THAT IT IS SOLELY RESPONSIBLE FOR ASSURING THAT IT USES APPROVED TELECO SERVICE FOR ANY SUCH MONITORING AND THAT IT COMPLIES WITH NATIONAL FIRE ALARM STANDARDS AND LOCAL FIRE CODES. CUSTOMER ALSO UNDERSTANDS THAT IF CUSTOMERS ALARM SYSTEM HAS A LINE CUT FEATURE, IT MAY NOT BE ABLE TO DETECT ALARM SIGNALS IF THE TELECO SERVICE IS INTERRUPTED, AND THAT TYCO MAY NOT BE ABLE TO DOWNLOAD SYSTEM CHANGES REMOTELY OR PROVIDE CERTAIN AUXILIARY MONITORING SERVICES THROUGH A NON -APPROVED TELECO SERVICE. CUSTOMER ACKNOWLEDGES THAT ANY DECISION TO USE A NON - APPROVED TELECO SERVICE AS THE METHOD FOR TRANSMITTING ALARM SIGNALS IS BASED ON CUSTOMER'S OWN INDEPENDENT BUSINESS JUDGMENT AND THAT ANY SUCH DECISION IS MADE WITHOUT ANY ASSISTANCE, INVOLVEMENT, INPUT, RECOMMENDATION, OR ENDORSEMENT ON THE PART OF TYCO. CUSTOMER ASSUMES SOLE AND COMPLETE RESPONSIBILITY FOR ESTABLISHING AND MAINTAINING ACCESS TO AND USE OF THE NON -APPROVED TELECO SERVICE FOR CONNECTION TO THE ALARM MONITORING EQUIPMENT. CUSTOMER FURTHER UNDERSTANDS THAT THE ALARM SYSTEM MAY BE UNABLE TO SEIZE THE TELECO SERVICE TO TRANSMIT AN ALARM SIGNAL IF ANOTHER CONNECTION HAS DISABLED, IS INTERFERING WITH, OR BLOCKING THE CONNECTiON. Al Quality Service Plan ("QSP")!Maintenance; Testing/Inspections Service. 1. Quality Service Plan ("0SP")!Maintenance. (a) If QSP Service is purchased, Tyco will, upon Customer's request, provide and bear the expense of ordinary maintenance and repair of the Covered System(s) for issues arising out of normal wear and tear. The expense of all extraordinary maintenance and repair necessitated by or due to changes or alterations in the Customers premises, alterations to a Covered System made by Customer, or made necessary by damage to the premises or to a Covered System, or to any cause beyond the control of Tyco, will be borne by the Customer. Customer will furnish, at Customer's expense, any necessary electric current and wilt furnish an outlet within 10 feet of an alarm control panel. (b) the following are not covered under QSP and any requested service will be provided on a time and materials basis: (1) wndow foil, (2) security screens, (3) any exterior mounted devices, (4) Programmable Read Only Memory "PROM', (5) batteries, and (6) "Conditions" not covered by warranty shown below. (c) Tyco's obligation to perform OSP Service relates solely to the Covered Systems) and Tyco shall not be obligated to maintain, repair, service, replace, operate or assure the operation of any device or devices not covered under QSP. Tyco is not liable for any loss due to water intrusion, mold, fungi, bacteria, or wet or dry rot. (d) If Customer does not purchase QSP before the expiration of the System Warranty, Tyco will provide QSP Service only after inspecting the System to be covered and making any necessary repairs or e-Forrn aaaoUEoo to6r201zi Page 4 of 43 2012 Tyco. All Rights Reserved replacements to bring the System in compliance with Tyco's specifications and/or the standards set by any applicable laws, codes, or regulations. Customer will pay for any related labor and/or materials for such work at Tyco's then applicable rates. (e) OSP Service will be furnished behveen 8:00 A.M. and 4:30 P.M. Monday through Friday, except holidays. Tyco's obligation to provide QSP Service is conditioned upon the continued availability of system component(s) and parts from the original equipment manufacturer ("OEM"). 2. Testing/Inspections I Service (7/1"). If T/I Service is purchased, Tyco will provide the number of inspections/tests on the Covered System(s) as specified in this Agreement. Such T/I Services will be furnished between 8:00 A.M. and 4:30 P.M„ Monday through Friday, except holidays, unioss otherwise mutually agreed in advance by the Parties. A.4,Investigator Response Service. Intentionally left blank - Services have not been purchased. r A.5. Select View Managed Video Services/Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased. A.5.1.Video/Audio Alarm Verification ServiceArideo Verification. Intentionally left blank - Services have not been purchased. A.5.2.Video Guard Tour. Intentionally left blank - Services have not been purchased. A.5.3.Video Escort. Intentionally left blank - Services have not been purchased. A.D.h.viaeo ASSISI. Intentionally left blank - services have not been purchased. A.5.5.Vfdeo Audit. Intentionally left blank - Services have not been purchased. A.5.6.Oufdoor Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased. • A.5.7. Managed Video Portal. Intentionally left blank - Services have not been purchased. A.5.8,Unattended Delivery --Alarm Based Video Monitoring. Intentionaily left blank - Services have not been purchased. A.5.9.Unattended Delivery— Live Video Monitoring of Process - Intentionally left blank - Services have not been purchased. A.B. Managed Access Control Services. Intenbonalfy lett blank - Services have not been purchased. A.7. DataSource Service; Open/Close Signal Activity. If Customer has purchased Tyco's central station alarm monitoring and DataSource services, Customer may access Tyco's Internet - based report generation service enabling real-time access to account data and system activity reports such as fate -to -close, early -to -close, late -to -open and early -to -open reports. For an additional charge, Tyco car also mail printed reports to Customer at the rates shown in this Agreement. To use the DataSource Service, Customer must (a) have Internet and email access, (b) have purchased alarm monitoring services, and (c) agree to the website Terms of use on https://datasource.tycois.com/. In order to avoid unnecessary signal activity, Customer disruption, and to provide Customer with optimized openfclose scheduling, Tyco will endeavor to analyze open/close signal activity received from a covered Customer facility and appropriately adjust such openfclose scheduling at its reasonable discretian to better reflect Customer open/close traffic patterns. Tyco will provide Customer with notification of such open/close scheduling charges made, if any, within five (5) business days. A.8. VtsionMsion with Auditing, Intentionally left blank - Service is no longer offered. A.9. Hosted Access. Intentionally left blank • Services have not been purchased. r A.10. Data Hosting/Storage Services. Intentionally left blank - Services have not been purchased. A.14. Mobile Security Management ("MSM") Services. Intentionally left blank - Services have not been purchased. A.12. Software Support Services — No Upgrades. intentionally left blank - Services have not been purchased. r A.13. Lynx Network Duress and Emergency Notification System ("Lynx System"). Intentionally left blank — Lynx System/Services have not been purchased. A.14. RFID Tracking System ("System"). Intentionally left blank — RFID Systems have not been purchased. 111 A.15. Additional Services. If any other services, including but not limited to the following, are being furnished under this Agreement, Customer and Tyco will enter into a separate Rider that wit! be attached to and incorporated as part of this Agreement: (a) Select Link - Immediate Response Information System (IRIS) (b) Managed Access Control (c) Electronic Article Surveillance ('EAS") (d) Guard Response Service (e) Radio Frequency Identification ("RFID") (f) Training Services (g) Watchman's Reporting Service. B. Warranty (90-Day). 1. For a "Direct Sale," any original part of the Equipment (as distinguished from the Software) installed under this Agreement, including the wiring, which proves to be defective in material or workmanship within ninety (90) days of the date of completion of the installation ("Warranty Period"), will be repaired or replaced, in Tycc's sole discretion, with a new or functionally operative part. Labor and materials required to repair or replace such defective components will be furnished at no charge during the Warranty Period. Warranty Services will be furnished between 8:00 A.M. and 4:30 P.M. Monday through Friday, except holidays. if Customer has purchased QSP as described in this Agreement, the foregoing Warranty Period will be extended for the lime period purchased and at the additional cost shown for QSP in this Agreement. 2. The following "Conditions" are not covered by Warranty: (a) Damage or extra service time needed resulting from accidents, acts of God, lightning, strikes, riots, floods, terrorism, acts of War, alteration, misuse, tampering or abuse, adjustments, repairs at maintenance not done by Tyco or from parts, accessories, attachments or other devices not furnished by Tyco; (b) Customer's failure to properly follow operating instructions provided by Tyco; (c) Adjustments necessitated by misalignment of video cameras, improper adjustment of monitor brightness and contrast tuning dials or insufficient tight on the area viewed by the camera(s); (d) Trouble due to interruption of Telecom Service; (e) Battery failure; (f) Devices designed to fail in protecting the System, such as, but not limited to, fuses and circuit breakers; or (g) System changes requested by Customer. If Customer calls Tyco for service under the Warranty and Tyco's representative finds that one of the "Conditions" has led to the inoperability or apparent Enoperability of the System or any component, Tyco may bill Customer for the service call whether or not Tyco actually works or the System. If repairs are required due to one of the above "Conditions," Tyco will charge Customer for such work on a time and materials basis at Tyco's then applicable rates far labor and materials. 3.THE FOREGOING WARRANTY 15 IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMERS EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING TYCO'S NEGLIGENCE, IS REPAIR OR REPLACEMENT AS SPECIFIED ABOVE. TYCO WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY TYCO OR NEGLIGENCE OF TYCO OR OTHERWISE. C.Systern Requirements, Miscellaneous; The following provisions apply to all Systems, Equipment, or Services installed or furnished by Tyco under this Agreement. 1.Vaults. Customer must ensure that any Customer vault protected by sound or vibration detector systems has the minimum construction characteristics prescribed by the Underwriters' Laboratories, Inc. 2.System Testing. Customer must test all detection devices or other electronic equipment according to procedures prescribed by Tyco prior to setting the alarm system for closed periods and must notify Tyco promptly if such equipment fails to respond to any such test. 3.Familiarization Period. UNLESS CUSTOMER HAS REJECTED THE FAMILIARIZATION PERIOD BY INITIALING THE APPROPRIATE LINE ON THE FIRST PAGE OF THIS AGREEMENT (EXCEPT WHERE FAMILIARIZATION IS REQUIRED BY LAW), CUSTOMER AGREES THAT: (a) DURING A FIVE (5) DAY FAMILIARIZATION PERIOD, OR SUCH PERIOD AS I5 REQUIRED BY LAW; AND (b) FOLLOWING COMPLETION OF THE INSTALLATION AND THE COMMUNICATIONS CONNECTION TO TYCO'S CMC {AND DURING ANY APPLICABLE EXTENSIONS); TYCO HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL RECEIVED AT THE TYCO CMC FROM CUSTOMERS PREMISES DURING SUCH FAMILIARIZATION PERIOD. CUSTOMER ALSO AGREES THAT DURING SUCH PERIOD TYCO HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, CUSTOMER, OR A PERSON ON CUSTOMER'S EMERGENCY CONTACT LIST, OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL TYCO RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. 4.Special Equipment Requirements if Customer requires installation or service of Equipment in areas inaccessible without the use of lifts or cranes, or if non-standard conditions at the Customer site require special equipment for installation or service, Customer will provide such equipment, or will reimburse Tyco for any applicable charges or fees. 5.Training Services. Tyco provides initial training to Customer en use of the Equipment installed at the time of installation. Thereafter, Customer may purchase additional training in one -hour increments at Tyco's then current rate. B.Slte Preparation. e-Form 8880UE00(06/2012) Page 5 of 8 © 2012 Tyco. Ail Rights Reserved Intrusion and Restoration. Customer shall be responsible for providing 11QVAC power, telephone connections, network drops and any required conduit, wiremold, or ether raceway unless otherwise noted herein. Customer shall also be responsible for any required IP address assignments and additional network software licensing. The installation of Equipment may necessarily require cutting, bolting or fastening into Customer's Floors, walls and/or ceilings. Tyco shall net be responsible for any expenses related to patching, floor or wall finishing, or paint, tile, carpet or wallpaper matching, restoration or replacement resulting from installation or service of the Equipment. ' •,."�.�.. u„v.,• ,..,,..,u,v„ 1 u� 1 • ,,, 1r wcw L..p.ii irei IL. II IMIILluildey 15I11Jldr1K - rta eel wVlaeo equipment nas men purchased. P 8. New York City Fire System. Intentionally left blank. —covered system is not installed in NYC D. Electronic Media; Personal Information; Consent to Call, Text or Email. 1.Electronic Media. Either party may scan, fax, email, image, or otherwise convert this Agreement into an electronic format of any type or form, now known or developed in the future. Any unaltered or unadulterated copy of this Agreement produced from such an electronic format will be legally binding upon the parties and equivalent to the original for all purposes, including litigation. Tyco may rely upon Customer's assent to the terms and conditions of this Agreement, if Customer has signed this Agreement or has demonstrated its intent to be bound whether by electronic signature or otherwise. 2. Personal Information. Customer represents and warrants that Customer has obtained at consents and has the right to (a) disclose to Tyco all personal information disclosed hereunder concerning individuals/employees/or other third parties including all information contained in Customer's Emergency Call List ("ECL"); (b) permit Tyco to collect (including consent to record telephone conversations with Tyco), use, disclose and transfer such personal information; and (c) expressly authorizes Tyco to use such personal information to administer the relationship and the agreement between Customer and Tyco, including, but not limited to, contacling Customer personnel at the telephone numbers and/or email addresses provided: (i) using SMS, text, prerecorded messages, or automated calling devices to deliver messages to seticonfirm a servicefinstallation appointment; and/or (li) to provide information or offers about products and services of interest to Customer, Customer acknowledges and agrees that Tyco may share all such information with its parents, subsidiaries, affiliates and its/heir successor corporations or any subcontractor or assignee, within and outside the country in which the Customer is located and thereby subject such information to the laws of such countries. E. Limitation of Liability. 1, Tyco is not an insurer. The amounts Tyco charges Customer are not insurance premiums. Such charges are based upon the value of the Services, System and Equipment provided and are unrelated to the value of Customer's property, the property of others located in Customers premises, or any risk of loss on Customer's premises. 2. Tyco's services, systems and equipment do not cause and cannot eliminate occurrences of the events they are intended to detect or avert. TYCO MAKES NO GUARANTY OR WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICES, SYSTEM OR EQUIPMENT SUPPLIED WILL DETECT OR AVERT SUCH EVENTS OR THE CONSEQUENCES THEREFROM. Accordingly, Tyco does riot undertake any risk that Customer's person or property, or the person or property of others, may be subject to injury or loss if such an event occurs. The allocation of such risk remains with Customer, not Tyco. insurance, if any, covering such risk shall be obtained by Customer. Tyco shall have no liability for lass, damage or injury due directly or indirectly to events, ar the consequences therefrom, which the System or Services are intended to detect or avert. Customer shall look exclusively to its insurer and not to Tyco to pay Customer in the event of any such loss, damage or injury. Customer releases and waives for ilsef and its insurer all subrogation and other rights to recover from Tyco arising as a result of paying any claim for loss, damage or injury of Customer or another person. 3.1f notwithstanding the provisions of this Section E, Tyco is found liable for loss, damage or injury under any legal theory due to a failure of the Services, System or Equipment in any respect, its liability shall be limited to a sum equal to 10% of the Annual Service Charge or $1,000, whichever is greater, as agreed upon damages and not as a penalty, as Customer's sole remedy. This will be the sole remedy because it is impractical and extremely difficult to determine the actual damages, if any, which may result from Tyco's failure to perform any of its obligations under this Agreement. If Customer requests, Tyco may assume greater liability by attaching a Rider to this Agreement staling the extent of Tyco's additional liability and the additional charges Customer will pay for Tyco's assumption of such greater liability. However, such additional charges are not insurance premiums and Tyco is not an insurer even if it enters into such a Rider. 4.The provisions of this Section E shall apply no matter how the loss, damage or injury or other consequence occurs, even if due to Tyco's performance or nonperformance of its obligations under this Agreement or from negligence, active or otherwise, strict liability, violation of any applicable consumer protection law or any other alleged fault on the part of Tyco, its agents or employees. If any other person, including Customer's subrogating insurer, makes any claim or files any lawsuit against Tyco in any way relating to the Services, System or Equipment that are the subjects of this Agreement, then Customer shall indemnify and hold Tyco harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorneys' fees. 5. No suit or action shall be brought against Tyco or its agents, employees, subsidiaries, affiliates or parents (both direct and indirect) more than one year after the incident that resulted in the loss, injury or damage occurred, or the shortest duration permitted under applicable law if such period is greater than one year. 6.The provisions of this Section E shall apply to and benefit Tyco and its agents, employees, contractors, subsidiaries, affiliates, parents (both direct and indirect), vendors and affinity marketers. If this Agreement provides for a direct connection to a municipal police or fire department or other organization, then that department or other organization may also invoke the provisions of this Section E against any claims due to any failure of such department or organization. Tyco is not responsible for the preservation of any computer programs or data and Customer is responsible for maintaining adequate back-ups. F. Other Charges; Remedies; Termination. 1.There may be a service charge to Customer for cancelled instatiatian/service appointments if Customer cancels less than 24-hours prior to dispatch, or if Tyco's representative is sent to the Customers premises in response to a service call for false alarm or System malfunction caused by Customers operation contrary to instructions, failure to close or properly secure a window, door or ether protected point, or improper adjustment of monitors or accessory components, 2.Failure to pay amounts when due shall give Tyco, in addition to any other available remedies, the right to terminate this Agreement and to charge interest at the highest legal rate on delinquent amounts. Customer agrees to pay all costs, expenses and fees of Tyco's enforcement of this Agreement, including collection expenses, court costs, and attorneys' fees. Installation Charge(s) are based on Tyco performing the installation with its own personnel, If for any reason installation must be performed by outside contractors, Installation Charge(s) may be subject to revision. 3.In addition to any other remedies available to Tyco, Tyco may terminate this Agreement and discontinue any Service(s) if (a) Tyco's CMC is substantially damaged by fire or catastrophe or if Tyco is unable to obtain any connections or privileges required to transmit signals between the Customer's premises, Tyco's CMC or the Municipal Fire or Police Department or other first responder; (b) Customer fails to follow Tyco's recommendations for the repair or replacement of defective parts of the System not covered under the Warranty or OSP Service; (c) Customer's failure to follow the operating instructions provided by Tyco results in an undue number of false alarms ar System malfunction; (d) in Tyco's sole opinion, the premises in which the System is installed are unsafe, unsuitable, or so modified or altered after installation as to render continuation of Services) impractical or impossible; (e) Tyco is unable to obtain ar continue to support technologies, TeleCom Services, Communication Facilities, Equipment or component parts thereof that are discontinued, become obsolete or are otherwise not commercially available; or (f) Customer fails to make payments when due or otherwise breaches this Agreement. Tyco will not be liable for any damages or subject to any penalty as a result of any such termination. G. Hazardous Materials. For all projects except those involving new construction, Customer represents and warrants that to the best of Customer's knowledge the work site is free of any hazardous materials. The term `hazardous materials' includes but is not be limited to asbestos, asbestos -containing material, polychlorinated biphenyl ("PCB"), formaldehyde or other potentially toxic or otherwise hazardous material. If any such substance is discovered on the work site, Tyco will not be required to install or service the Equipment at such site unless and until Customer certifies the removal or safe containment of such hazardous materials. Customer shall indemnify, defend, and hold Tyco, its officers, directors, agents, and vendors harmless from any damages, claims, injuries, liabilities resulting from the exposure of Tyco's employees, contractors, or subcontractors to hazardous materials at the work site; provided, however, that the foregoing provision will not apply when it has been determined that such hazardous materials were brought to the work site by Tyco. H. Waivers. 1.Waiver of Jury Trial. CUSTOMER AND TYCO BOTH AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN ANY MANNER CONNECTED WITH OR RELATED TO THIS AGREEMENT. 2.Mutual SAFETY Act Waiver. Certain of Tyco's systems and services have received Certification and/or Designation as Qualified Anti -Terrorism Technologies {"QATT") under the Support Anti -terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the "SAFETY Act"). As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, Tyco and Customer hereby agree to waive their right to make any claims against the other for any losses, including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an 'Act of Terrorism' as defined In 6 C.F.R. 25.2, when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism. I. Miscellaneous. 1Enforceability. If any of the provisions of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. 2.Paragraph and Section Headings; Captions; Counterparts. The headings and captions contained in this Agreement are inserted for convenience or reference only, and are not to be deemed part of or to be used in construing this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such separate counterparts shall together constitute but one and the same agreement. 3, FARs. Tyco supplies 'commercial items' within the meaning of the Federal Acquisition Regulation {FAR), 48 CFR Parts 1-53, As to any customer order for a U.S. government contract or funded directly or indirectly with Federal funds, Tyco will comply only with the following mandatory how -downs for commercial item subcontracts pertaining to Utilization of Small Business Concerns, Equal Opportunity, Affirmative Action, and Veterans Employment: 52.219-8; 52.222 26; , 52.222-35; 52.222-36; and 52.222-37.4. Export Control. Customer shall not export or re-export, directly or indirectly, any: (i) product or service provided under this Agreement; (ii) technical data; (iii) software; (iv) information; or (v) items acquired under this Agreement to any country for which the United States Government (or any agency thereof) requires an ex n orl /inae nr other approval without first obtaining any licenses, consents or permits that may be required under the applicable laws of the U.S, or other foreign jurisdictions, including the Export e-Form 8881111Eee (06/2012) Page 6 of 8 Ci 20r2 Tyco. All Rights Reserved Administration Act and Regulations and shall incorporate in ail export shipping documents the applicable destination control statements. Customer shall, at its own expense, defend, indemnify and save Tyco harmless from and against ali third party claims, liability, loss or damage (including attorneys` fees and other defense costs), assessed against or suffered by Tyco as a result of an allegation or claim of noncompliance by Customer with this Section. The obligations contained in this Section shall survive the termination or expiration of this Agreement, 5 Insurance. Tyco maintains comprehensive General Liability and Automobile Liability Insurance in amounts that meet or exceed: $1,000,000 per incident- $2,000,000 in the aggregate and Worker's Compensation coverage as required by law. Tyco will not be required to provide a waiver of subrogation in favor of any party, nor wild Tyco be required to designate any party as a statutory employer for any purposes. 6, Tyco Brand. Without exception, Tyco -branded Signage, including yard signs, window stickers and warning signs will remain the property of Tyco and may be removed by Tyco at any lime. Customer's right to display Tyco -branded Signage is not transferable and ceases upon termination or expiration of this Agreement. 7.Resale. If Tyco is connecting to a previously installed existing system, to the extent the previously installed existing system is Customer's properly, it shall remain Customer's property. J. System Software; Network Connections. 1. Any software provided with the System or in connection with the Services is proprietary to Tyco and/or Tyco's supplier(s) and is licensed or sublicensed to Customer on a non-exclusive basis. Customer may not (a) disclose the Software or source code to any third parties, (b) duplicate, reproduce, or copy all or any part of the Software, or (c) use the Software on equipment other than with the designated System with which it was furnished. A separate Software License Agreement or End User License Agreement between Tyco and Customer and/or the software publisher may be required to use the software and/or obtain updates/upgrades. If the installed Equipment is to be connected to Customer's computer network ("Network"), Tyco will furnish and install the software needed to run the Equipment and will connect the Equipment to the Network according to the Network settings supplied by Customer. Installation shall not include modifications to the Network, security, or firewall settings. Customer will supply a TCP/IP Ethernet network address and central processing unit per Tyco specifications for access control system operation. Tyco shall not be responsible for the setup, operation, or maintenance of the Network or Network performance cr compatibility issues. Tyco may assess additional charges, If Tyco is unable to connect to the Network or it any additional Equipment is required to facilitate connectivity between the Network and the Equipment. 2. Open Source Software. Tyco represents and warrants to the end user of the System that, to the extent the System includes any Open Source Software, the internal use and operation of the System by the end user will not create any obligation on the part of the end user under the terms of any Open Source License (i) to make any source code or object code available to third parties, or (ii) to license, disclose or otherwise make available to third parties any proprietary software, data or other information, or any associated intellectual property. As used herein, the term 'Open Source Software" means any software, program, module, code, library, database, driver or similar component {or portion thereof) that is royalty free, proprietary software, the use of which requires any contractual obligations by the user such as, without limitation, that software that is subject to, distributed, transmitted, licensed or otherwise made available under any of the following licenses: GNU General Public License, GNU Library or "Lessen Public License, Berkeley Software Distribution (BSD) license (including Free BSD and BSD-style licenses), MIT license, Mozilla Public License, IBM Public License, Apache Software License, Artistic license (e.g., PERL), Sun Industry Standards Source License, Sun Community Source License (SCSI..), Intel Open Source License, Apple Public Source License, or any substantially similar license, or any license that has been approved by the Open Source Initiative, Free Software Foundation or similar group (collectively, "Open Source Licenses"). K. Force Majeure. TYCO ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE SYSTEM OR ANY EQUIPMENT OR FOR THE CONSEQUENCES THEREFROM, HOWEVER CAUSED, OR FOR INTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS, FLOODS, TERRORISM, ACTS OF GOD, ACTS OF WAR, OR ANY CAUSES BEYOND THE CONTROL OF TYCO. TYCO WILL NOT BE REQUIRED TO SUPPLY SERVICE TO CUSTOMER WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE CONTINUES. IN NO EVENT WILL TYCO BE LIABLE FOR LOSS OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, L. Assignment. This Agreement is not assignable by the Customer except upon written consent of Tyco first being obtained. Tyco shall have the right to assign this Agreement or to subcontract any of its obligations under this Agreement without notice to Customer. M. License information: AL 2014/15-1496,1499,1500,1501,1502,1542,594,595 The Security Industry is governed by the rules and regulations of the Alabama Electronic Security Board of Licensure. If you would like information on these rules and regulations or would like to register a complaint you can contact the Board at: AESBL 7956 Vaughn Rd., Montgomery 36118, (334) 264-9388 Fax: 334-264-9332; AK38381, 5520 Lake Otis Pkwvy., Anchorage, AK 99507;AR 0030740114 , AR 0003587 - Regulated by Arkansas Bd. of Private Investigators & Private Security Agencies, #1 State Police Plaza Dr., Little Rock 72209, (501) 618-8600; AZ ROC281489; CA AC07207, 977249; alarm company operators are licensed and regulated by the Bureau of Security & Investigative Services, Dept. of Consumer Affairs, Sacramento, CA 95814; DC ECS1327; FL EF20000890,EF20000341,EF0000478; GA LVA205386,-204776,- 205526, LVU001160, -004635; HI CT-32427; IL 127001526; MA 45-C MI51032662206311,— 4182 Pier North Dr. Ste. D, Flint, MI48504;; MN T5651063; NC 846-CSA - Alarm Systems Licensing Bd., 1631 Midtown PI., Ste.104, Raleigh, 27609 (919) 875-3611; NM 375283; NV 0077542 NY12000305846, Licensed by NYS Dept, of State; OR E16782, 50-18-1052, 50-25- 1050, 50-29-0003, 50-48.1032, 50-50-1019, 50-76-0006, 53-89-1726, 53-31-1582; OK 67 ; OR CLE322, 197010; PA Pennsylvania Home Improvement Contractor Registration Number: PA010083; RI 18004,2726, AF-09170; TN ACC -1704, -1705, -1706, -3707, 1708, -1709, -1710, -1711; TX 800536-4200 Buckingham Road Ste 150, FL Worth, TX 76115 — Texas Private Security Bureau, 5805 N. Lamar Blvd, Austin 78752; UT8390557.6501; VA: 11-7573;11.7587;11.7580;11-7575;11-7591;11-7589;11.7578, 2705147765A; WA EC06 TYCOIIS88600, 11824 N Creek Pkwy. #105, Bothell, WA 98011; WV 050291. Additional information is available at wwwtycois.com or by calling 1-800.2TYCOIS. FL: EF20000890. ©2012 TYCO. All rights reserved. e-Foam 8880UE00 (06r2012) Page 7 of 8 © 2012 Tyco. AJL Rights Reserved tqca Integrated Security COMMERCIAL SALES AGREEMENT Tyco Integrated Security LLC ("Tyco") Joseph Perez 3133 Commerce Parkway, Miramar, FL 33025 Tele. No. (786) 999-4163 TOWN NO. 0149-MIAMI, FL CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 114961227 1-107QJ67 ADDITIONAL TERMS AND CONDITIONS The Black Archives d/bfa: ("Customer") Customer Billing information 5400 NW 22nd Ave, Box 300, Building C, Suite 101 Miami, FL 33142 Attn: Timothy Barber Tele. No. (305) 637-3420 Notwithstanding anything in the Agreement to the contrary, Tyco and Customer agree as follows: Customer Premises Serviced 819 Nw 2nd Ave, Miami, FL 33136 Attn: Timothy Barber Tele. No. (305) 636-2390 DATE: 311612015 Terms and Conditions A/C Power. Customer will supply the necessary 110VAC power as required by Tyco. Telephony. Customer is responsible for providing telephone company connectivity at control panel location, Ceiling Tiles, Painting, Patching. Tyco is not responsible for damaged ceiling tiles, painting or patching. r Customer understands that the list of equipment herein reflects the information available from the existing records; there may have been additions or deletions over lime. Customer acknowledges that all of the equipment that has been installed on the local premises by Tyco or its predecessors is, to the best knowledge of the Customer in good working order and properly installed, Any work done on the local premises in order 10 put the system in proper working order will be done at an additional cost to the customer. Customer agrees to pay, or reimburse Tyco for the purchase of any required perrnits and payment of any fees assessed by the AHJ,, in addition to reasonable administration fees assessed by Tyco 10 obtain and maintain such permits. Tyco makes every reasonable attempt to estimate and collect such fees from Customer in advance of the installation; however, in some cases 9 is not practicable or possible to do so. In such event, Customer will be invoiced ter the fees owed and balance due. Electronic Media. Either party may scan, fax, email, image, or otherwise convert this Agreement into an electronic format of any type or form, now known or developed in the future. Any unaltered or unadulterated copy of this Agreement produced from such an electronic format will be legally binding upon the parties and equivalent to the original for all purposes, including litigation, Tyco may rely upon Customer's assent to the terms and conditions of this Agreement, if Customer has signed this Agreement or demonstrated its intent to be bound whether by electronic signature or otherwise. All other terms and conditions of the Agreement, except those expressly modified herein, shall remain in full force and effect. TYCO INTEGRATED SECURITY LLC CUSTOMER: Accepted By: Presented by: (Signature of Tyco Sales Representative) Sales Agent: Joseph Perez Sales Representative Registration Number (if applicable): (Signature of Customer's Authorized Representative) Title: (Name Printed) Date Signed: e-Form 13880UE00 (06/2012) Page 8 of 8 © 2012 Tyc❑, All Rights Reserved two Integrated Security COMMERCIAL SALES AGREEMENT TOWN NO. 0149•MIAMI, FL Tyco Integrated Security LLC ("Tyco") The Black Archives d/bla: Joseph Perez ("Customer") 3133 Commerce Parkway, Customer Billing Information Miramar, FL 33025 5400 NW 22nd Ave, Box 300, Building C, Suite 101 Tele. No. (786) 999-4163 Miami, FL 33142 Attn: Timothy Barber Tele. No. (305) 637-3420 A 1111811111111111111 i CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 114961227 1-1DNQOCU Customer Premises Serviced 819 Nw 2nd Ave, Miami, FL 33136 Attn: Timothy Barber Tele. No. (305) 636-2390 DATE: 3/16/2015 This Commercial Sales Agreement is between Customer and Tyco effective as of the date signed by Customer. By entering into this Agreement, Tyco and Customer agree to the Terms and Conditions contained in this Agreement. The Equipment and/or Services, collectively the System(s) covered under this Agreement is/are listed in the attached Schedule(s) of Protection / Scope of Work {"SOW"). I. THE FOLLOWING DOCUMENTS ARE ATTACHED TO THIS AGREEMENT AND ARE INCORPORATED BY REFERENCE: (a) Hazardous Substance Checklist and Customer Letter (e) State Specific Forms, if applicable (e.g., local permit applications) (b) Scope of Work I Schedule(s) of Protection (f) Customer installation Acceptance Form (specific to Equipment/Services purchased) (c) Terms and Conditions (g) If multiple locations, see attached schedule (d) Additional Terms and Conditions II. CHARGES AND FEES: Customer agrees to pay the Sum of $ 29,927.00 ("Installation Charge") with $ 0.00 payable upon acceptance of this Agreement ("Installation Charge Deposit") plus any applicable 'Fees' and sales taxes. Tyco may invoice Customer for progress billings based upon Equipment and/or System components delivered or stored, and/or Services performed before completion of the System/Equipment installation, activation of the System, connection to the CMC, or any other Service(s). All outstanding installation Charges and/or Fees shall be due and payable upon completion of the installation of the Equipment/System and as a precondition to activation of System and, if applicable, connection to Tyco's Central Monitoring Center ("CMC") or any other Service(s). Any changes in the STATEMENT OF WORK / SCHEDULE OF PROTECTION made by the Customer after execution of this Agreement must be agreed to by Tyco and the Customer in writing and may be subject to additional charges and/or fees. Any equipment ordered by Customer by e-mail or telephone order shall be subject to terms and conditions of the Agreement and may be subject to shipping, handling, and/or restocking fees. For the Service(s) provided as indicated in this Agreement, Customer agrees to pay Service Charges in the amount of $ 2,921.60 per annum (the "Annual Service Charge"), payable in advance Quarterly plus applicable state and/or local lax(es) for 5 year(s) (the "initial Term") effective from the date such Service is operefve under this Agreement. Until Customer has paid Tyco the Installation Charge and Fees in full, Customer grants to Tyco a security interest in the Equipment and all proceeds thereof to secure such payment. After the Initial Term this Agreement shall automatically renew on alan Annual basis unless terminated by either party upon written notice at least thirty (30) days prior to the anniversary date. Tyco shall have the right to increase Annual Service Charge(s) after one (1) year. For termination prior to the end of the Initial Term, Customer agrees to pay, in addition to any outstanding Fees and charges for Service(s) rendered prior 10 termination, 90% of the Annual Service Charge(s) remaining to be paid for the unexpired term of the Agreement as liquidated damages but not as a penalty. Additionally, Customer agrees to pay any assessments, taxes, fees or charges imposed by any governmental body, telephone, communication, or signal transmission company such as false alarm, permitting or connection fees, or administration fees or service charges assessed by Tyco related to AHJ requirements and/or changes to applicable laws, the need to reprogram alarm controls/devices to comply with area code, signal transmission, numbering or other changes relating to the installed Equipment and/or Service(s) provided under this Agreement ( "Fees"). III. ENTIRE AGREEMENT; CUSTOMER ACCEPTANCE: This Agreement, together with all of its written Amendments, Riders, Scope of Work and/or Exhibits, constitutes the entire agreement between the Customer and Tyco relating to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements and understandings. The terms and conditions of this Agreement will prevail aver any conflicting, inconsistent or additional terms and/or conditions contained in any purchase order, agreement, or other document issued by Customer. in signing this Agreement, Customer is not relying on any advice, advertisements, or oral representations of Tyco and agrees to be bound to the terms and conditions contained in all the pages of the Agreement. Customer agrees that any representation, promise, condition, inducement or warranty, express or implied, not included in this Agreement will not be binding upon Tyco, and that the terms and conditions in this Agreement apply as printed without alteration or qualification, except as specifically modified by a written agreement signed by Tyco and Customer. Any changes in the Statement of Work or scope of the work requested by the Customer after the execution of this Agreement may result in additional cost to the Customer and any such changes/additions must be authorized in a writing signed by both the Customer and Tyco. Customer's failure to accept and sign this Agreement within ninety (90) days of the date shown above may result in price 'increases. Customer acknowledges that; (a) Tyco has explained the full range of protection, equipment, and services available to Customer; (b) additional protection over and above that provided herein is available and may be obtained from Tyco at an additional cost to the Customer; (c) Customer desires and has contacted far only the Equipment and/or Services) itemized in this Agreement; (d) the EquipmentlService(s) specified in this Agreement are for Customers own use and not for the benefit of any third party; (e) Customer owns the premises it which the Equipment is being installed or has the authority to engage Tyco to carry out the installation in the premises; and (f) Customer will comply with all laws, codes and regulations pertaining to the use of the EquipmertlServlce(s). ATTENTION IS DIRECTED TO THE WARRANTY, LIMIT OF LIABILITY AND OTHER CONDITIONS CONTAINED IN THE SECTIONS ENTITLED "TERMS AND CONDITIONS" AND "ADDITIONAL TERMS AND CONDITIONS". THIS AGREEMENT REQUIRES FINAL APPROVAL OF A TYCO AUTHORIZED MANAGER BEFORE ANY EQUIPMENT/SERVICES MAY BE PROVIDED. IF APPROVAL IS DENIED, THIS AGREEMENT WILL BE TERMINATED AND TYCO'S ONLY OBLIGATION TO CUSTOMER WILL BE TO NOTIFY CUSTOMER OF SUCH TERMINATION AND REFUND ANY AMOUNTS PAID IN ADVANCE. IF MAINTENANCE SERVICE IS DECLINED, CUSTOMER MUST INITIAL HERE IF A 5-DAY FAMILIARIZATION PERIOD IS REQUESTED, CUSTOMER MUST INITIAL HERE TYCO INTEGRATED SECURITY LLC CUSTOMER: Presented by: Accepted By: (Signature of Tyco Sales Representative) (Signature of Customer's Authorized Representative) Sales Agent: Joseph Perez Sales Representative Registration Number (if applicable): Title: (Name Printed) Date Signed: e-Form 88800E00 (06/2012) Page 1 of 8 © 2012 Tyco. All Rights Reserved tqca Integrated Security COMMERCIAL SALES AGREEMENT TOWN NO. 0149-MIAMI, FL CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 114961227 1-1DNQ0CU SCOPE OF WORK ! SCHEDULE OF PROTECTION IV. SCOPE OF WORK I SCHEDULE OF PROTECTION ("SOW"): Tyco agrees to install or cause to be installed the Equipment and furnish the Servtce(s), collectively, the System, on the terms and conditions set out in this Agreement A. Ownership of System and/or Equipment: Direct Sate (equipment to become property of the Customer upon payment of Installation Charges and Fees in full). B. Services to be Provided ("Services") Alarm monitoring and Notification Services: Video Surveillance Services: Managed Access Control Services: Video Equipment: Quality Service Plan(QSP)Maintenance; Preventive Maintenance/Inspection: Additional Services: No Service Selected No Service Selected No Service Selected Closed Circuit Television PROVIDED Maintenance Quality Service Plan PROVIDED ! Inspections NOT PROVIDED No Service Selected C. Equipment to be installed ("Equipment"): Tyco will install, or cause to be installed, the Equipment (or equivalent), as set forth in this SOW in Customer's designated facihty(ies). As used herein, "installation' means: (i) affixing all Equipment and materials provided by Tyco at such locations within the facility(ies) as are designated by Customer, (ii) providing and pulling cableshvires required to connect the Equipment to Customer's Communications Facilities and making such connections; (iii), in the case of a Digital Communicator installation, mount Equipment and plug into RJ31X phone jack previously installed by Customer; (iv) in the case of radio installation, mount radio Equipment and program Equipment with number furnished by Customer; (v) providing and installing software/firmware required by the Equipment; (v) performing testing as required to establish that the Tyco Equipment is connected, is functioning according to its specifications, and is communicating over Customer's Communications Facilities; and (vii) providing user -level training to Customer's designated representative in the use of such Equipment. Qty Product Name Location 3 ADTVR-LT2, 16 Channel DVR, 2T8 Hard Drive 2 42" LCD 1920x1080 FHD, HDMI, 2-BNC IN w/ Loop. Audio, DVI-D, VGA, YIC, 3D CF & DI, IR RC ,- 2 Tilting Wall Mount for 42 inch to 55 inch Displays 7 Analog, interior cameras to be supplied by customer 1 Wire and install above cameras 19 Discover 700,650TVL,t/DDome,TDN,WDR,Tin1,2.8-10NTSC 14 Discover 700,650TVL, Bullet,TDN,WDR,2.8-10,IR, NTSC 3 CCTV AC Wall Mount Power Supply- Sateen (16) Fused Outputs, 24VAC @ 25 Amp or 28VAC @ 20 Amp. cULus 1 Programming 1 Install Training 1 Permit Fees 1 Permit Administration & Processing 1 Inspections, Electrical 1 Labor Adjustments D. Scope of Work: This Section is intended for installation use only. Any language contained in this Section that attempts to modify the Terms and Conditions of this Agreement shall be void and of no effect. Contact Information: Timothy A. BarbertExecutive DirectortTHE BLACK ARCHIVES 819 NW 2nd Avenue:Miami, FL 3313086-708-4610386-368.7663t System Operation: Installing new American Dynamics Analog Video Surveillance System, (7) customer owned indoor cameras, (19) new indoor cameras, (14) new outdoor cameras, (2) large LCD monitors with tilting wall mounts, power supplies and wiring all materials for a complete CCTV system. Adjusting cameras to what the customer would like to see. All new cameras will be vandal resistant, true day -night, wide dynamic range, color, 654TVL with infrared (IR) illuminators. wCamera locations and quote are based on customer provided drawing. Exact locations TBD on site.mHead end equipment location TBD.t Programming Info: Technician will program the cameras to record at 7 ips (n) full resolution (4CIF), on motion 24/7, for best storage allowance. The (3) DVR's have 2T8 of HD capacity each. Approximate retention estimated at 30-45 days based on above settings and average activity. Site Conditions: Historic Theater with attached 3 story office building. Hard and drop the ceilings with all work to be done and devices under 12 feet high.'fhe (3) DVR's and power supplies should be installed in a secure and climate friendly environment. d Existing Equipment: The customer is supplying (7) cameras that are not currently installed. Customer Expectations: Customer would like to have installation completed as soon as possible: Work schedule will be coordinated with the contact persona and/or the GC. Normal work hours will be 9 AM to 5 PM, M-F. TycolS will work clean and remove its own trash.r Training Expectations: Tyco installers will train customer on all aspects of archiving and burning CD for insurance and prosecution purposes. e-Form 86801.1E00 (06/2012) Page 2 of 8 0 2012 Tyco. Ail Rights Resented General Comments: Local electrical permit and inspections are required. Inspections are included. Permitting costs are not included. A signed rider for estimated permitting costs must accompany this agreement. Customer Responsibilities / Tyco Exclusions: Customer will provide and/or maintain:11) Power outlets as required by TycolS for system operation.72) A TCP/IP port (jack) al the location of each DVR with direct intemet access, Furthermore, customer will ensure that there are no firewalls or other settings that will hinder establishirg and/or maintaining communication remotely. Note: Customer needs a static IP address gateway and Network drop for remote access on customers I -pad and smart phone.iCustomer acknowledges and agrees to have ail of the above items completed and available to TycolS prior to the commencement of installation. TlCustomer will provide access to work areas during normal business hours of 9 to 5, M-FECustomer acknowledges and agrees 10 move/relocate without delay at the request of Tyco IS personnel any equipment, stock, merchandise, furniture, etc. which may impede installation or be a safety hazard as solely determined by TycolS.11 Documentation Needs: Signed & notarized permit applicationrSigned & notarized notice of commencementlAll documentation will be left with Customer at completion of installation.t Contract Notes • e-Farm 8880U000(0612012) Page 3 of 8 0 2012 Tyeo. All Rights Reserved TERMS AND CONDITIONS TERMS AND CONDITIONS V.Customer and Tyco agree as follows: A. Services. A.1.Central Station Signal Receiving and Notification (Alarm Monitoring) Services. Intentionally left blank - Services have not been purchased. A-2.Communication Facilities, intentionally left blank — Alarm Monitoring Services have not been purchased, A,3. Quality Service Plan ("QSP")/Maintenance; Testing/Inspections Service. 1. Quality Service Plan ("QSP")!Maintenance. (a) If QSP Service is purchased, Tyco will, upon Customer's request, provide and bear the expense of ordinary maintenance and repair of the Covered System(s) for issues arising out of normal wear and fear. The expense of all extraordinary maintenance and repair necessitated by or due to changes or alterations in the Customer's premises, alterations to a Covered System made by Customer, or made necessary by damage to the premises or to a Covered System, or to any cause beyond the control of Tyco, will be borne by the Customer. Customer will furnish, at Customer's expense, any necessary electric current and will furnish an outlet within 10 feet of an alarm control panel, (b) the following are not covered under QSP and any requested service will be provided on a time and materials basis: (1) window foil, (2) security screens, (3) any exterior mounted devices, (4) Programmable Read Only Memory 'PROM", (5) batteries, and (6) "Conditions" not covered by warranty shown below. (c) Tyco's obligation to perform QSP Service relates solely to the Covered System(s) and Tyco shall not be obligated to maintain, repair, service, replace, operate or assure the operation of any device or devices not covered under QSP. Tyco is not liable for any loss due to water intrusion, mold, fungi, bacteria, or wet or dry rot. (d) If Customer does not purchase QSP before the expiration of the System Warranty, Tyco will provide QSP Service only after inspecting the System to be covered and making any necessary repairs or replacements to bring the System in compliance with Tyco's specifications and/or the standards set by any applicable laws, codes, or regulations. Customer will pay for any related labor and/or materials for such work at Tyco's then applicable rates. (e) QSP Service will be furnished between 8:00 A.M. and 4:30 P.M. Monday through Friday, except holidays. Tyco's obligation to provide QSP Service is conditioned upon the continued availability of system component(s) and parts from the original equipment manufacturer {"OEM'). 2. Testing/Inspections Service (ill"). If T/I Service is purchased, Tyco will provide the number of inspections/lests on the Covered System(s) as specified in this Agreement. Such Tit Services will be furnished between 8:00 A.M. and 4:30 P.M., Monday through Friday, except holidays, unless otherwise mutually agreed in advance by the Parties. A.4,Investigator Response Service. Intentionally left blank - Services have not been purchased. A.5. Select View Managed Video Services/Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased. A.5.1.Videa/Audio Alarm Verification ServicelVideo Verification. Intentionally left blank - Services have not been purchased. i A.5.2.Video Guard Tour. Intentionally left blank - Services have not been purchased. A.5.3.Video Escort. Intentionally left blank - Services have not been purchased. A.5.4.Vrderr Assist Intentionally left blank -Services have not been purchased. A.5.5.Video Audit. Intentionally left blank - Services have not been purchased. A.5.6.flutdoor Interactive Video Monitoring Services. Intentionally left blank - Services have not been purchased. A.5.7. Managed Video Portal. Intentionally left blank - Services have not been purchased. A.5.8.Unaltended Delivery — Alarm Based Video Monitoring. Intentionally !eft blank - Services have not been purchased. A.5.9.Unattended Delivery — Live Video Monitoring of Process - Intentionally left blank - Services have not been purchased. r A.6. Managed Access Control Services. Intentionally left blank - Services have not been purchased. A.7. DataSource Service. Intentionally left blank - Services have not been purchased. A.8. VisioiWision with Auditing. Intentionally left blank - Service is no longer offered. A.9. Hosted Access, Intentionally left blank - Services have not been purchased. A.10. Data Hosting/Storage Services. Intentionally left blank - Services have not been purchased. A11. Mobile Security Management ("MSM") Services. Intentionally left Wank - Services have not been purchased. A.12. Software Support Services. ff Software Support Services ("SSS") are purchased they will be provided on licensed software titres expressly identified In this agreement, (the "Covered Software"). Support Conditions. SSS for Covered Software are subject to the following conditions ('Support Conditions"): (a) Tyco's receipt of the Software Support Fee; (b) the Covered Software is not modified from its standard form originally l:cersed by the software owner/licensor ("Licensor"); (c) Customer's use of Covered Software is in accordance with the end user license agreement ("EULA") between Customer and Licensor; if applicable; (d) Customer provides Tyco (and/or its authorized representatives) with and when necessary (1) any information and/or documentation required to recreate the problem, defect, or non -conformity (individually/collectively, a "Problem"), (2) log in privileges for remote trouble shooting, (3) TCP/IP Ethernet network addresses, and (4) access to Customer's network, servers and/or hardware; and (e) the processor, operating system and associated system software, and other interdependent or reliant software are operating properly. Exclusions. Tyco will not provide SSS when a Problem is caused by (a) relocation, movement, improper operation, neglect or misuse of the Covered Software or associated Equipment/System; (b) Customer's failure to maintain proper site or environmental conditions; (c) any attempts at configuration, repairs, support, or modifications to the Covered Software not performed by a Tyco authorized representative; (d) discontinued systems or software; (e) casualty, act of Cod, the unauthorized acts of third parties; (f) failure or interruption of electrical power, telephone or communication line or like cause, or (g) any other cause external to the Covered Software. Problem Resolution. Tyco will provide Customer with email and telephone support on the Covered Software, Tyco then will use reasonable commercial efforts to resolve and correct the Problem within forty-eight (48) flours. Problem resolution and correction may be provided at Tyco's discretion as a software fix or workaround. Tyco will periodically advise Customer on Tyco's progress in diagnosing and/or correcting the reported Problem. Customer acknowledges that Tyco may be unable to resolve Problem due to (a) Tyco's inability to recreate, locate or identify the Problem; (b) issues related to Customer's system hardware, network or Internet connectivity issues; or (3) issues for which the Original Equipment Manufacturer ("OEM") and/or Licensor (collectively, also referred to as an 'Tyco Supplier) has not provided a resolution or workaround. If Tyco is unable to resolve or correct a Problem, Tyco will notify Customer and provide underlying information as available. Notwithstanding anything to the contrary herein, Tyco makes no warranties that its efforts will be successful in diagnosing,. resolving, or correcting any Problem. Software Updates. Customer understands that the SSS provides access to updates and upgrades but do not include the provision of software update or upgrade services unless purchased. If software upgrades are required tc correct a Problem, such software upgrades will be provided, at Customer's request, on a time and materials basis al Tyco's then -current hourly rates as such upgrades become available from the Tyco Supplier. On Site Engineer Support Services. It Tyco determines that an -site engineer support services ("ESS") are necessary to correct a Problem, Tyco will provide ESS on a time and materials basis at Tyco's then current ESS rates plus any related travel or other expenses. Such ESS may include on -site software installation assistance, training, or Problem diagnosis, resolution, and/or correction. Return of Defective Media. Customer may return any defective media directly to Tyco using a Tyco furnished return authorization number. Fee for Reinstatement Customer may incur reinstatement charges ("Reinstatement Fee) at Tyco's then current rates, 1 it allowvs SSS to lapse and later requests reinstatement within one year from the time the SSS lapses. Limitation of Liability. Notwithstanding anything in the Agreement to the contrary, Customer acknowledges and agrees that neither Tyco nor its Supplier will be responsible for Problems caused by changes in the operating characteristics of the Equipment/System upon which the Covered Software is operating, or for problems in the interaction of the Covered Software with Customer's Network or existing software/firmware/hardware. In no event will Tyco and/or Tyco Supplier be liable for any (a) third party claims; (b) loss or damage to any systems, records or data, or liabilities related to a violation of an individual's privacy rights; or (c) indirect, incidental, special, consequential, punitive, reliance, or cover damages (including lost profits and lost savings). Customer further agrees that, in no event will Tyco's and/or Tyco Supplier's aggregate liability regardless of cause (including, but not limited to, liability for negligence, strict !lability, breach of contract, misrepresentation and other contract or tort claims) arising from the provision of or failure to provide SSS and/or Customer's use of or inability to use any Covered Software or related System, exceed the lesser of USD$1,00D or the total SSS Fees paid by Customer, 0..13, Lynx Network Duress and Emergency Notification System ('Lynx System"). Intentionally left blank — Lynx System/Services have not been purchased. e-Form 88801_1E00 (0612012) Page4of8 0 2012 Tyco. All Rights Reserved A.14. RFID Tracking System ("System"), Intentionally left blank — RFID Systems have not been purchased. A15. Additional Services. If any other services, including but not limited to the following, are being furnished under this Agreement, Customer and Tyco will enter into a separate Rider that will be attached to and incorporated as part of this Agreement: (a) Select Link - Immediate Response information System (IRIS) (b) Managed Access Control (c) Electronic Article Surveillance ("EAT) (d) Guard Response Service (e) Radio Frequency Identification ("RFID") (f) Training Services (9) Watchman's Reporting Service. B. Warranty (90-Day). 1. Fora "Direct Sale," any original part of the Equipment {as distinguished from the Software) installed under this Agreement, including the wring, which proves to be defective in material or workmanship within ninety (90) days of the date of completion of the installation ("Warranty Period"), will be repaired or replaced, in Tycos sole discretion, with a new or functionally operative part. Labor and materials required to repair or replace such defective components will be furnished at no charge during the Warranty Period. Warranty Services will be fumished between 8:00 A.M. and 4:30 P.M. Monday through Friday, except holidays. If Customer has purchased OSP as described in this Agreement, the foregoing Warranty Period will be extended for the time period purchased and at the additional cost shown for QSP in this Agreement. 2, The following "Conditions" are not covered by Warranty: (a) Damage or extra service time needed resulting from accidents, acts of God, lightning, strikes, riots, floods, terrorism, acts of War, alteration, misuse, tampering or abuse, adjustments, repairs or maintenance not done by Tyco or from parts, accessories, attachments or other devices not furnished by Tyco; (b) Customer's failure to properly fellow operating instructions provided by Tyco; (c) Adjustments necessitated by misalignment of video cameras, improper adjustment of monitor brightness and contrast tuning dials or insufficient fight on the area viewed by the camera(s); (d) Trouble due to interruption of Telecom Service; (e) Battery failure; (f) Devices designed to fail in protecting the System, such as, but not limited to, fuses and circuit breakers; or {g) System changes requested by Customer. If Customer calls Tyco for service under the Warranty and Tyco's representative finds that one of the "Conditions" has led to the inoperability or apparent inoperability of the System or any component, Tyco may bit Customer for the service call whether or not Tyco actually works on the System. If repairs are required due to one of the above "Conditions," Tyco will charge Customer for such work on a time and materials basis at Tyco's then applicable rates for labor and materials. 3.THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING TYCO'S NEGLIGENCE, IS REPAIR OR REPLACEMENT AS SPECIFIED ABOVE, TYCO WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT BY TYCO OR NEGLIGENCE OF TYCO OR OTHERWISE. C.System Requirements, Miscellaneous: The following provisions apply to all Systems, Equipment, or Services installed or furnished by Tyco under this Agreement. 1.Vaults. Customer must ensure that any Customer vault protected by sound or vibration detector systems has the minimum construction characteristics prescribed by the Underwriters' Laboratories, Inc. 2.System Testing. Customer must test all detection devices or other electronic equipment according to procedures prescribed by Tyco prior to setting the alarm system for closed periods and must notify Tyco promptly if such equipment fails to respond to any such test. 3.Familiarization Period. UNLESS CUSTOMER HAS REJECTED THE FAMILIARIZATION PERIOD BY INITIALING THE APPROPRIATE LINE ON THE FIRST PAGE OF THIS AGREEMENT (EXCEPT WHERE FAMILIARIZATION IS REQUIRED BY LAW), CUSTOMER AGREES THAT: (a) DURING A FIVE (5) DAY FAMILIARIZATION PERIOD, OR SUCH PERIOD AS l5 REQUIRED BY LAW; AND (b) FOLLOWING COMPLETION OF THE INSTALLATION AND THE COMMUNICATIONS CONNECTION TO TYCO'S CMC (AND DURING ANY APPLICABLE EXTENSIONS); TYCO HAS NO OBLIGATION TO, AND WILL NOT, RESPOND TO ANY ALARM SIGNAL RECEIVED AT THE TYCO CMC FROM CUSTOMER'S PREMISES DURING SUCH FAMILIARIZATION PERIOD. CUSTOMER ALSO AGREES THAT DURING SUCH PERIOD TYCO HAS NO OBLIGATION TO, AND WILL NOT, NOTIFY ANY AUTHORITIES, CUSTOMER, OR A PERSON ON CUSTOMERS EMERGENCY CONTACT LIST, OR TAKE ANY OTHER ACTION WITH REGARD TO ANY ALARM SIGNAL TYCO RECEIVES, EVEN IF DUE TO AN ACTUAL EMERGENCY EVENT. 4.Special Equipment Requirements. If Customer requires installation or service of Equipment in areas inaccessible without the use of lifts or cranes, or if non-standard conditions at the Customer site require special equipment for installation or service, Customer will provide such equipment, or will reimburse Tyeo for any applicable charges or fees. 5.Training Services. Tyco provides initial training to Customer on use of the Equipment installed at the time of installation. Thereafter, Customer may purchase additional training in one -hour increments at Tyca's then current rate. 6.Site Preparation, Intrusion and Restoration, Customer shall be responsible for providing 110VAC power, telephone connections, network drops and any required conduit, wiremold, or other raceway unless otherwise noted herein. Customer shall also be responsible for any required IP address assignments and additional network software licensing. The installation of Equipment may necessarily require cutting, bolting or fastening into Customer's Floors, walls and/or ceilings. Tyco shall not be responsible for any expenses related to patching, floor or wall finishing, or paint, tile, carpet or wallpaper matching, restoration or replacement resulting from installation or service of the Equipment. 7, Closed Circuit Television ("CCTV"ideo Equipment. (a)System Requirements. Customer will provide: (i) adequate illumination under all operational conditions for the proper operation of any video camera(s); (ii) any required 110 AC power supply; and (Ili) appropriate space for monitors. (b)Audio Monitoring/Recording. Customer's decision to install video equipment with audio recording and/or monitoring capability ("Video with Audio") is based solely on Customer's own independent business judgment, without any involvement or approval of Tyco. Certain laws may limit or preclude the use of Video with Audio. By installing Video with Audio in Customer's premises, Customer accepts the responsibility of knowing and fully complying with at applicable laws, including but not limited to all requirements that clear and conspicuous notice be posted in Customer's premises waming of Customer's use of audio recording and/or monitoring equipment on its premises. 8. New York City Fire System. Intentionally left blank.— covered system !s not installed in NYC D. Electronic Media; Personal Information; Consent to Call, Text or Email. 1.Electronic Media. Either party may scan, fax, email, image, or otherwise convert this Agreement into an electronic format of any type or form, now known or developed in the future. Any unaltered or unadulterated copy of this Agreement produced from such an electronic format wit be legally binding upon the parties and equivalent to the original for all purposes, including litigation. Tyco may rely upon Customers assent to the terms and conditions of this Agreement, if Customer has signed this Agreement or has demonstrated its intent to be bound whether by electronic signature or otherwise. 2. Personal Information. Customer represents and warrants that Customer has obtained all consents and has the right to (a) disclose to Tyco all personal information disclosed hereunder concerning individuals/employees/or other third parties including all information contained in Customer's Emergency Call List ("ECL"): (b) permit Tyco to collect (including consent to record telephone conversatiors with Tyco), use, disclose and transfer such personal information; and (c) expressly authorizes Tyco to use such personal information to administer the relationship and the agreement between Customer and Tyco, including, but not limited to, contacting Customer personnel al the telephone numbers and/or email addresses provided: (I) using SMS, text, prerecorded messages, or automated calling devices to deliver messages to set/confirm a servicefinstallation appointment; and/or (it) to provide information or offers about products and services of interest to Customer. Customer acknowledges and agrees that Tyco may share all such information with its parents, subsidiaries, affiliates and its/their successor corporations or any subcontractor or assignee, within and outside the country in which the Customer is located and thereby subject such information to the laws of such countries. E. Limitation of Liability, Indemnification (Sale of AccessNideo Equipment and Installation Only). Notwithstanding anything to the contrary in this Agreement or any purchasing document presented by Customer, only Video and/or Access Equipment and Services shall be provided by Tyco under the terms and conditions of this Agreement. The Equipment and Services provided by Tyco under this Agreement will not include: (a) burglar and/or fire detection or alarm equipment or monitoring, maintenance, inspection or other services; (b) security guard services; or (c) architectural, engineering, or design professional services. If any other equipment or services are requested by or provided to Customer, then such equipment and/or services shall be provided under a separate written agreement executed by Customer and Tyco which shall contain the alarm industry specific terms and conditions found on www.tycois.comistandardtandc. 1.Indemnify. (a) Tyco shall defend, indemnify and hold Customer, its corporate affiliates, and their respective officers, directors, agents and employees harmless from damage, liability and expense resulting from the negligent acts or willful misconduct of Tyco's agents and employees committed while performing Services on Customer's premises, to the extent that they are the direct cause of the loss, damage or injury to third parties or Customer's property (e.g., equipment dislodging and striking a third party due to improper installation), as opposed to being caused by an occurrence or the consequences therefrom that the Equipment or Services were intended to deter, detect or avert. (b) Customer shall defend, indemnify and hold Tyco, its affiliates, and their respective officers, directors, agents and employees, harmless from damage, liability and expense to the extent that any such foss is not directly caused by the negligent acts or willful misconduct of Tyco's agents aed/o employees, or arises out of any claim related to invasion of privacy, infliction of emotional distress, harassment, violalion of eavesdropping/wiretapping laws or similar claims arising out of Customer's use of the Equipment and/or Services. 2. Limitations or Liability. If Customer uses the Equipment and/or Services to aid in monitoring or controlling the location or activities of persons on or about its property and premises, Customer acknowledges that the Equipment and/or Services are not intended to be the sole means for doing so. Tyco's Equipment and Services do not cause and cannot eliminate occurrences of the events they are intended to deter, detect, avert or record. Tyco is not an insurer of the safety or security of any person, entity or property, or against the risks attendant to a person's presence in, or ingress to or egress from any building, property or area that may be monitored by the Equipment and/or Services. The amounts Tyco charges Customer are not insurance premiums. Such charges are based upon the value of the Equipment and Services provided and are unrelated 10 any such risk of loss. Tyco does not undertake and assumes e-Form 8880UE00 (0en012) Page 5 of 8 © 2012 Tyco. All Rights Reserved no liability tor such risk by providing the Equipment and/or Services. If Tyco is nevertheless found liable under any legal theory for loss, damage or injury caused directly or indirectly by occurrences or the consequences therefrom which the Equipment and/or Services are intended to deter, detect, avert or record, Tyco's liability shall be limited to the sums paid by Customer for the Equipment or Services at issue as Customer's sole remedy. Tyco is not responsible for the preservation of any computer programs or data and Customer is responsible for maintaioir g adequate back-ups, i F. Other Charges; Remedies; Termination.1.There may be a service charge to Customer for cancelled installation/service appointments if Customer cancels less than 24-hours prior 10 dispatch, or if Tyco's representative is sent to the Customer's premises in response to a service call for false alarm or System malfunction caused by Customer's operation contrary to instructions, failure to close or properly secure a window, door or other protected point, or improper adjustment of monitors or accessory components. 2.Failure to pay amounts when due shall give Tyco, in addition to any other available remedies, the right to terminate this Agreement and to charge interest at the highest legal rate on delinquent amounts. Customer agrees to pay all costs, expenses and fees of Tyco's enforcement of this Agreement, including collection expenses, court costs, and attorneys' fees. Installation Charges) are based on Tyco performing the installation with its own personnel. If for any reason installation must be performed by outside contractors, Installation Charge(s) may be subject to revision. 3.In addition to any other remedies available to Tyco, Tyco may terminate this Agreement and discontinue any Service(s) if (a) Tyco's CMC is substantially damaged by fire or catastrophe or if Tyco is unable to obtain any connections or privileges required to transmit signals between the Customer's premises, Tyco's CMC or the Municipal Fire or Police Department or other first responder, (b) Customer fails to follow Tyco's recommendations for the repair or replacement of defective parts of the System not covered under the Warranty or QSP Service; (c) Customer's failure to follow the operating instructions provided by Tyco results in an undue number of false alarms or System malfunction; (d) in Tyco's sole opinion, the premises in which the System is installed are unsafe, unsuitable, or so modified or altered after installation as to render continuation of Service(s) impractical or impossible; (e) Tyco is unable to obtain or continue lo support technologies, TeleCom Services, Communication Facilities, Equipment or component parts thereof that are discontinued, become obsolete or are otherwise not commercially available; or (f) Customer fails to make payments when due or otherwise breaches this Agreement. Tyco will not be liable for any damages or subject to any penalty as a result of any such termination. i G. Hazardous Materials. For all projects except those involving new construction, Customer represents and warrants that to the best of Customer's knowledge the work site is free of any hazardous materials. The term "hazardous materials" includes but is not be limited to asbestos, asbestos -containing material, polychlorinated biphenyl (`PCB"), formaldehyde or other potentially toxic or otherwise hazardous material, If any such substance is discovered on the work site, Tyco wilt not be required to install or service the Equipment at such site unless and until Customer certifies the removal or safe containment of such hazardous materials. Customer shall indemnify, defend, and hold Tyco, its officers, directors, agents, and vendors harmless from any damages, claims, injuries, liabilities resulting from the exposure of Tyco's employees, contractors, or subcontractors to hazardous materials at the work site; provided, however, that the foregoing provision will not apply when it has been determined that such hazardous materials were brought to the work site by Tyco. • H. Waivers. 1.Waiver of Jury Trial. CUSTOMER AND TYCO BOTH AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL IN ANY LEGAL PROCEEDING ARISING OUT OF OR IN ANY MANNER CONNECTED WITH OR RELATED TO THIS AGREEMENT. 2.Mutual SAFETY Act Waiver. Certain of Tyco's systems and services have received Certification and/or Designation as Qualified Anti -Terrorism Technologies (°QATT") under the Support Anti -terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the "SAFETY Act"), As required under 6 C.F.R. 25.5 (e), to the maximum extent permitted by law, Tyco and Customer hereby agree to waive their right to make any claims against the other for any losses, including business interruption losses, sustained by either party or their respective employees, resulting from an activity resulting from an "Act of Terrorism" as defined in 6 C.F.R, 25.2, when QATT have been deployed in defense against, response to, or recovery from such Act of Terrorism. I. Miscellaneous. 1.Enforceability, If any of the provisions of this Agreement shall be determined to be invalid or unenforceable, the remaining provisions shall remain in full force and efiecL 2.Paragraph and Section Headings; Captions; Counterparts. The headings and captions contained in this Agreement are inserted for convenience or reference only, and are not to be deemed part of or to be used in construing this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all such separate counterparts shall together constitute but one and the same agreement. 3. FARs. Tyco supplies `commercial items" within the meaning of the Federal Acquisition Regulation (FAR), 48 CFR Parts 1-53. As to any customer order for a U.S. government contract or funded directly or indirectly with Federal funds, Tyco will comply only with the following mandatory flow -downs for commercial item subcontracts pertaining to Utilization of Small Business Concerns, Equal Opportunity, Affirmative Action, and Veterans Employment: 52.219-8; 52.222-26; 52.222-35; 52.222-36; and 52.222-37, 4. Export Control. Customer shall not export or re-export, directly or indirectly, any: (i) product or service provided under this Agreement; (fi) technical data; (iii) software; (iv) information; or (v) items acquired under this Agreement to any country for which the United States Government (or any agency thereof) requires an export license or other approval without first obtaining any licenses, consents or permits that may be required under the applicable laws of the U.S. or other foreign jurisdictions, including the Export Administration Act and Regulations and shall incorporate in all export shipping documents the applicable destination control statements. Customer shall, at its own expense, defend, indemnify and save Tyco harmless from and against all third party claims, liability, loss or damage (including attorneys' fees and other defense costs), assessed against or suffered by Tyco as a result of an allegation or claim of noncompliance by Customer with this Section, The obligations contained in this Section shall survive the termination or expiration of this Agreement. 5.insurance Tyco maintains comprehensive General Liability and Automobile Liability Insurance in amounts that meet or exceed: $1,000,000 per incident - $2,000,000 in the aggregate and Worker's Compensation coverage as required by law. Tyco will not be required to provide a waiver of subrogation in favor of any party, nor will Tyco be required to designate any party as a statutory employer for any purposes. 6. Tyco Brand. Without exception, Tyco -branded Signage, including yard signs, window stickers and warning signs will remain the property of Tyco and may be removed by Tyco at any time, Customer's right to display Tyco -branded Signage is not transferable and ceases upon termination or expiration of this Agreement. 7.Resale. If Tyco is connecting to a previously installed existing system, to the extent the previously installed existing system is Customer's properly, it shall remain Customers properly. J. System Software; Network Connections.1. Any software provided with the System or in connection with the Services is proprietary to Tyco and/or Tyco's supplier(s) and is licensed or sublicensed to Customer on a non-exclusive basis. Customer may not (a) disclose the Software or source code to any third parties, (b) duplicate, reproduce, or copy all or any part of the Software, or (c) use the Software on equipment other than with the designated System with which it was furnished, A separate Software License Agreement or End User License Agreement between Tyco and Customer and/or the software publisher may be required 10 use the software and/or obtain updates/upgrades. If the installed Equipment is to be connected to Customer's computer network ("Network"), Tyco will furnish and install the software needed to run the Equipment and will connect the Equipment to the Network according to the Network settings supplied by Customer. Installation shall not include modifications to the Network, security, or 6rewall settings. Customer will supply a TCP/IP Ethernet network address and central processing unit per Tyco specifications for access control system operation. Tyco shall not be responsible for the setup, operation, ar maintenance of the Network or Network performance or compatibility issues. Tyco may assess additional charges, if Tyco is unable to connect to the Network or if any additional Equipment is required to facilitate connectivity between the Network and the Equipment. 2. Open Source Software. Tyco represents and warrants to the end user of the System that, to the extent the System includes any Open Source Software, the internal use and operation of the System by the end user will not create any obligation on the part of the end user under the terms of any Open Source License (i) to make any source code or object code available to third parties, or (ii) to license, disclose or otherwise make available to third parties any proprietary software, data or other information, or any associated intellectual property. As used herein, the term "Open Source Software" means any software, program, module, code, library, database, driver or similar component (or portion thereof) that is royalty free, proprietary software, the use of which requires any contractual obligations by the user such as, without limitation, that software that is subject to, distributed, transmitted, licensed or otherwise made available under any of the following licenses: GNU General Public license, GNU Library or' Lesser" Public License, Berkeley Software Distribution (BSD) license (including Free BSD and BSD-style licenses), MET license, Mazilla Public License, IBM Public License, Apache Software License, Artistic license (e.g., PERL), Sun Industry Standards Source License, Sun Community Source License (SCSL), Intel Open Source License, Apple Public Source License, or any substantially similar license, or any license that has been approved by the Open Source Initiative, Free Software Foundation or similar group (collectively, "Open Source Licenses"), K. Force Majeure. TYCO ASSUMES NO LIABILITY FOR DELAYS IN INSTALLATION OF THE SYSTEM OR ANY EQUIPMENT OR FOR THE CONSEQUENCES THEREFROM, HOWEVER CAUSED, OR FOR {NTERRUPTIONS OF SERVICE OR FOR THE CONSEQUENCES THEREFROM DUE TO STRIKES, RIOTS, FLOODS, TERRORISM, ACTS OF GOD, ACTS OF WAR, OR ANY CAUSES BEYOND THE CONTROL OF TYCO. TYCO WILL NOT BE REQUIRED TO SUPPLY SERVICE TO CUSTOMER WHILE INTERRUPTION OF SERVICE DUE TO ANY SUCH CAUSE CONTINUES. IN NO EVENT WILL TYCO BE LIABLE FOR LOSS OF SPECIAL, INDIRECT. INCIDENTAL OR CONSEQUENTIAL DAMAGES. L. Assignment. This Agreement is not assignable by the Customer except upon written consent of Tyco first being obtained. Tyco shall have the right to assign this Agreement or to subcontract any of its obligations under this Agreement without notice to Customer. M. License Information: AL 2014/15-1498,1499,1500,1501,1502,1542,594,595 The Security Industry is governed by the rules and regulations of the Alabama Electronic Security Board of Licensure. If you would like information on these rules and regulations or would like to register a complaint you can contact the Board at AESSL 7956 Vaughn Rd., Montgomery 36116, (334) 264-9388 Fax 334-264.9332; AK36381, 5520 Lake Otis Pkwy., Anchorage, AK 99507,AR 0030740114 , AR 0003587 - Regulated by Arkansas Bd. of Private Investigators & Private Security Agencies, #1 State Police Plaza Dr., Little Rock 72209, (501) 618-8600; AZ ROC281489; CA AC07207, 977249; alarm company operators are licensed and regulated by the Bureau of Security & Investigative Services, Depl. of Consumer Affairs, Sacramento, CA 95814; DC EC51327; FL EF20000890,EF20000341,EF0000478; GA LVA205386, -204776,- 205526, LV0001160, -004635; HI CT-32427; IL 127001526; MA 45-C MI51032662206311,-4182 Pier North Dr. Ste. D. Flint, MI48504; MN TS651063; NC 846-CSA - Alarm Systems Licensing Bd., 1631 Midtown PI., Ste.104, Raleigh, 27609 (919) 875-3611; NM 375283, NV 0077542 NY12000305846, Licensed by NYS Dept. of State; OH E16782, 50-18-1052, 50-25- 1050, 50-29.0003, 50-48-1032, 50-50-1019, 50-76-0006, 53.89.1726, 53-31-1582; OK 67 ; OR CLE322, 197010; PA Pennsylvania Home Improvement Contractor Registration Number: e-Forrn uaaou£o0 (06l2012) Page 6 of 8 w 2012 Tyco. AV Rights Reserved PA010083; RI 18004,2726, AF-09170; TN ACC -1704, -1705, -1708, -1707, 1708, -1709, -1710, -1711; TX 800536-4206 Buckingham Road Ste 150, Ft. Worth, TX 76115 — Texas Private Security Bureau, 5805 N. Lamar Blvd, Austin 78752; UT8390557-6501; VA: 11-7573; 11-7587; 11-7580; 11-7575; 11-7591; 11-7589; 11-7578, 2705147765A; WA ECO6 TYCOIIS88600, 11824 N Creek Pkwy. #105, Bothell, WA 98011; WV 050291. Additional information is available at www.tycois.com or by calling 1-800-2TYCOIS. FL: EF20000890. 6)2012 TYCO. All rights reserved. e-Form 8880UE00 (06/2012) Page 7 of 8 © 2012 Tyco, All Rtghts Reserved two Integrated Security COMMERCIAL SALES AGREEMENT Tyco Integrated Security LLC ("Tyco") Joseph Perez 3133 Commerce Parkway, Miramar, FL 33025 Tele. No. (786)999-4163 TOWN NO. 0149-MIAMI,FL CUSTOMER NO. JOB NO. PO NO. ESTIMATE NO. 114961227 1-1 DN()CCU ADDITIONAL TERMS AND CONDITIONS The Black Archives dlbla: ("Customer") Customer Billing Information 5400 NW 22nd Ave, Box 300, Building C, Suite 101 Miami, FL 33142 Attn: Timothy Barber Tete. No. (305) 637-3420 Notwithstanding anything in the Agreement to the contrary, Tyco and Customer agree as follows: Terms and Conditions A/C Power. Customer will supply the necessary 110VAC power as required by Tyco. Ceiling Tiles, Painting, Patching. Tyco is not responsible for damaged ceiling tiles, painting or patching. Customer Premises Serviced 819 Nw 2nd Ave, Miami, FL 33136 Attn: Timothy Barber Tele. No, {305)636-2390 DATE: 3/1612015 Customer understands that the fist of equipment herein reflects the information available from the existing records; there may have been additions or deletions over time. Customer acknowledges that all of the equipment that has been installed on the local premises by Tyco or its predecessors is, to the best knowledge of the Customer in good working order and properly installed. Any work done on the local premises in order 10 put the system in proper working order wit be done at an additional cost to the customer. Customer agrees to pay, or reimburse Tyco for the purchase of any required permits and payment of any fees assessed by the AHJ, in addition to reasonable administration fees assessed by Tyco to obtain and maintain such permits. Tyco makes every reasonable attempt to estimate and collect such fees from Customer in advance of the installation; however, in some cases it is not practicable or possible to do so. In such event, Customer will be invoiced for the fees owed and balance due, Electronic Media. Either party may scan, fax, email, image, or otherwise convert this Agreement into an electronic format of any type or form, now known or developed in the future. Any unaltered or unadulterated copy of this Agreement produced from such an electronic format will be legally binding upon the parties and equivalent to flee original for all purposes, including litigation. Tyco may rely upon Customer's assent to the terms and conditions of this Agreement, if Customer has signed this Agreement or demonstrated its intent to be bound whether by electronic signature or otherwise. All other terms and conditions of the Agreement, except those expressly modified herein, shall remain in full force and effect. TYCO INTEGRATED SECURITY LLC CUSTOMER; Presented by: Accepted By: (Signature of Tyco Sales Representative) (Signature of Customer's Authorized Representative) Sales Agent: Joseph Perez Sales Representative Registration Number (if applicable): (Name Printed) Title: Date Signed: e-Form 8880UE00 (06/2012) Page 8 of 8 2012 Tyco, Ali Rights Reserved