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Golf Club Pro Shop Manufacturing AgreementOak Brook Golf Club * * * *Manufacturing, Finish and Installation Agreement * * 'r 'r * THIS AGREEMENT is dated December 5,2018, between Procraft Heritage Creations 231 SW Scalehouse Loop, Suite 203 Bend, OR 97702 And Oak Brook Golf Club (hereafter Client), located at 2606 York Road Oak Brook, LL.60523 Procraft Heritage Creations proposes to manufacture, finish, and install the cabinets and fixtures for the Oak Brook Golf Club (hereafter Client), located at 2606 York Road Oak Brook, IL. 60523, as follows: I.O MAIIUFACTURING SPECIFICATIONS Procraft Heritage Creations will construct all cabinets and fixtures per the drawings & itemization as follows: 1.1 Wood Species: All fixtures shall be constructed of Maple hardwoods and veneers. 1.2 Milting Profiles: To be per the drawings. 1.3 Fixture Tops: To be wood. 1.4 Counters: 1.4.1 Front counter top to be constructed of stone by others. 1.4.2 Recessed point-of-sale areas to be matte black laminate. 1.5 Fabric: Fabric to be selected from Momentum Textiles. 1.6 Leather: House leather will be provided. 1.7 Hardware: Hardware to be matte black. 1.8 Finish: All cabinets and fixtures to be finished in clear, seal & lacquer. Procraft Heritage Creations will provide two (2) sets of wood finish samples. Any additional sets will be provided at $75.00 per set. Finish processes other than that specified may result in an adjustment to the Agreement sum. 2,0 FIELD MEASUREMENTS One field measurement trip is included in this Agreement. If all required dimensions and details are not available at that time Client agrees to provide additional measurements at their expense. Client assumes responsibility for the accuracy of any field measurements provided. Field Measurements must be completed at least 8-weeks prior to load date. Please note, field measurements must be done after framing and electrical rough in, but before sheet rock. No changes are to be made to the structure of the golf shop after the final field measurements are taken. If any changes occur Client agrees to inform Procraft Heritage Creations immediately. Client accepts fuIl responsibility for those structural changes made to the golf shop and their communication to Procraft Heritage Creations and acknowledges that additional costs maybe incurred ifrebuilding or reworking of the fixtures is required. 3.0 A.D.A COMPLIANCE All compliance with any local, and state A.D.A. standards, codes, and laws is the responsibility of the Client. 4.0 INSTALLATION Installation is projected to begin in February 2019. Install to be performed by client and qualified installer. The load date would be 3-4 days prior to install date. The client or an approved subcontractor, will install all cabinets and fxtures for the golf shop and assist with coordination of any junction where cabinets and casework will interface. In order to maintain this installation date all job specilications and design issues must be completed 14-16 weeks prior to the load date. Client will have the golf shop ready for installation as follows: 4.01 All painting to be completed prior to install date. 4.02 No carpet and base are to be installed prior to completion of installation, unless agreed upon by Procraft Heritage Creations in writing. 4.03 Any and all building permits are the responsibility of the Client. 4.04 Any union labor necessary for the installation shall be provided by and paid for by the Client. 4.05 Golf shop must be clean and clear of all debris and ready for installation. Procraft Heritage Creations will need full and complete access to the golf shop space without interference of other subcontractors. 4.06 A clear road to the clubhouse and golf shop in a condition to receive a semi-truck and trailer are required. If the road is not paved it needs to be hard packed to bear heavy truck weight. This is extremely important to avoid incurring additional freight costs. 4.07 Client to provide a contact name and phone number to enable the truck or install team access to the shop after hours. 4.08 Client shall provide and pay for an electrician to assist with any electrical hookups that may be required. Electrical hook-ups including wiring, telephone, and computers, are not included in the scope of work. 4,09 Client shall provide lighting and electricity adequate for the installation. 4.10 Client is responsible forcommunicating all installation requirements to General Contractor or Owner's Representative. 4.ll Building must be properly acclimatized to receive wood fixtures. Procraft Heritage Creations 5。06.0 6.1 7.0 Will incur no cost for repair or rework of fixtures stored in a facility that is not properly acclimatized; all warranties will be void. Transfer of the fixtures to a acclimatized storage facility and rescheduling of the installation may be the best course of action and would be at the clients expense. SHIPPING Procraft Heritage Creations will handle all details regarding the loading and shipping of all cabinets and fixtures. Freieht charees will be estimated and subject to chanee due to actual carrier charses at time of shioment. AGREEMENT SUM Procraft Heritage Creations will perform the above services for the Total Agreement Sum of Fifty-Two Thousand, Nine Hundred, Twenty Five Dollars, andZero Cents ($52,925.00) including EXEMPT status for sales tax. Payment in full is due within 30 days of completion of installation. Interest will be charged on all past due balances at the rate of l8%o; Client agrees to pay all interest charges incurred due to delay in payment. All fixtures will remain property of Procraft Heritage Creations until Agreement is paid in full. Procraft Heritage Creations retains the right to take back, at Client's expense, golf shop fixtures equal to the amount of any unpaid debt. Client will pay any property taxes. The laws of the State of Oregon shall govern this Agreement. GOVERNING LAWVENUE: This Contract shall be governed by, construed and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. Venue for any action arising out of or due to this Contract shall be in the Circuit Court for DuPage County, Illinois. CHAI\GES TO AGREEMENT SUM Procraft Heritage Creations will deliver your new golf shop on the installation date indicated, except as noted above. This is a project that requires teamwork to ensure success; together we are the team. The following items are actions, or lack of actions, by the Client, or their Agents, that may result in additional charges to the Client. 7.1 This Agreement sum will remain fixed (exclusive of additional changes in price) for a period of fifteen (15) days from the date that Procraft Heritage Creations signs this Agreanent, with the stipulation that the actual manufacturing of the fixtures is commenced 8 weeks prior to load date. If manufacturing is started less than 6 weeks prior to load date, due to delays by the Client, including returning the authorized Agreement and deposits past the required date, Procraft Heritage Creations reserves the right to revise the Agreement sum to compensate for increases in labor costs, including overtime. 7 .2 All manufacturing specifications and design issues must be completed l4- I 6 weeks prior to the load date. In addition, field measurements must be completed at least l2-weeks prior to the load date. Any delays to these decisions, or the obtaining of field measurements, as caused by Client or Client's agents, may result in delays to the manufacturing schedule and may incur additional costs. Procraft Heritage Creations reserves the right to move the project to the next available opening on the manufacturing schedule. 7.3 Changes to the specifications for this project, as shown in Section l, may result in additional costs. 7.4 7.5 Client agrees to assume any costs resulting from fixture re-design, rework or rebuilding costs due to structural changes made to the golf shop after final field measurements have been taken/provided. This agreement is drawn and priced based on a projected install date in June 2019. Should you request to modifu the Install Date by more than five (5) days, the request should be made at least 3 weeks in advance to avoid additional charges. Ifany request to change the date is made less than 2 weeks in advance then you will be responsible for additional charges incurredby Procraft Heritage Creations including, but not limited to, freight, storage fees and costs for the rescheduling of the installation. In addition, a new installation date would be subject to our approval based on our current installation schedule. P1easeinitialherethatyouhavereadandunderstandSection6.- EXPENSE REIMBURSEMENT Client will be responsible for reimbursement to Procraft Heritage Creations the cost of UPS and Federal Express type delivery charges in accumulative excess of $ I 00.00. These delivery charges include those for the shipment of floor plans, project documents stain samples, etc., sent to you or your agents. These and all other expenses, including travel, lodging and additional consultation services, incurred per your request, will be billed upon completion of the project. PAYMENT TERMS 207o Manufacturing Deposit....... . $ 10,585.00 The Manufacturing Deposit is due and payable upon signing and return of this Agreement as soon as possible. Manufacturing will not start until this deposit is received. Payment can be made by check or credit card (credit card must include an additional 4olo processing fee). 70oh of Agreement Sum............ .... $ 37,047.50 T\e 40%o payment is due and payable and must be received two weeks prior to shipping. Shipment will not be made until this sum is received. Payment can be made by check or credit card (credit card must include an additional 4oZ processing fee). 107o Balance of Agreement Sum .$ 5,292.50 The balance is due and payable upon delivery and completion of the installation. TOTAL AGREEMENT PRICE ..$ 52,925.00 BREAKDOWN Cabinets, Fixtures, Finish, & Accessories................ $481125.00 Freight (Includes Load & Unload) $ 4,200.00 Installation (Includes Travel Time).......... .......$ By Client Field Measurements/Site Visit .......... $ 600.00 SUBTOTAL $52,925.00 SalesTax @7.5% @xcludesFreight)...... .........EXEMPT TOTAL AGREEMENT AMOUNT................. $52,925.00 8.0 9.0 PAYⅣIENT SHALL BE ⅣIADE TO: Procraft Heritage Creations 231 SW Scalehouse Loop,Suite 203 Bend,OR 97702 '**PROCRAFT HERITAGE CREAT10NS MUST BE CONTACTED PRIOR TOMAKING ANY CHANGES TO THIS AGREEMENT''' EXECUTED BY:DATE: December 5.2018 EXECUTED DATE: /dJt./8 For Procraft Heritage Creations