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BLD2020-1171+Fire Alarm Contract+1.12.2021_10.41.48_AM+1985309DocuSign Envelope ID: A1CCC7E5-41AD-4B74-84E2-D5158ECD764E AV AFpi Fire Protection, Inc. November 20, 2020 Kafe Neo-Alderwood LLC. Attn.: Pedro Germano 17410 Ash Way, Ste. 8 Lynnwood, WA 98037 Phone: (425)290-9600 Fax: (425)787-9705 www.fpiseattle.com Project : Low Voltage Fire Alarm System for Demetri's Woodstone Taverna Bldg. Site Address : 101 Main St., Edmonds, WA 98020 Please find enclosed a design bid price for the Fire Alarm System for the above listed project. Fire Protection, Inc. will provide for all the parts, wire, labor, installation, plans, design submittals, permits and final inspections. System shall meet City of Edmonds/South County Fire and Rescue AHJ's additional requirements. Design Bid Price: ** BID TAKE -OFF SET: ID-1 sheet, no MEP ** (1) Fire Alarm System: $15,255.00 (2) Permit Fees (Fire & Electrical): $ 1,185.00 - Includes a code compliant manual and automatic fire alarm with occupant notification system per IFC2015 & City of Edmonds/South County Fire & Rescue's AHJ for a non- sprinklered existing building. - For budgeting purposes only, Coffee Shop budget is —15% of the overall installation cost. - Above ceiling is assumed to be "2 feet + accessible to all below ceiling areas for fire alarm wiring purposes + does not require detection. - PDF plans shall be updated to reflect minor changes (IE: one-man office in the kitchen) and converted to CAD backgrounds for fire alarm design drawings. - Ceiling mount horn/strobe will be used where applicable. - Outdoor patio is assumed to be covered with an electric awning with open on all sides therefore not creating a 'separate room'. - Single point of fire alarm connection for: 0 outdoor patio awning release on fire alarm signal 0 outdoor patio heater solenoid for shutdown o hood suppression supervision - Fire Alarm monitoring is required to be signed by Owner direct as part of this pricing. Wireless fire radio is included in this proposal; wireless radio eliminates requirement for 2 dedicated POTS phone lines. Should you require any further information, please feel free to contact me directly. Respectfully, Sam Ozturgut — VP of Sales — sam@fpiseattle.com Excludes (unless noted above): dedicated power, knox-box, caulking, conduit, penetrations, core drilling, cutting/ painting/patching, off -hours work, prevailing wage rates, plenum space, any/all demo, 120VAC smoke alarms/CO detectors, outdoor annunciator, duct detectors/ combination fire -smoke dampers/ door holders and/or connections to, underground work/pull string, lift, WSST. Prices valid for 90 days. UL-Fire Alarm, Security, Access Control, CCTV, ERRC (800MHz.), Monitoring, Installation, Service Page 1 PG INITIAL HERE DocuSign Envelope ID: A1CCC7E5-41AD-4B74-84E2-D5158ECD764E UI) L NFPA #00805173 Fire Protection, Inc. #608242-002 CONT. LIC.# FIREPI*021ML Providing services since 1968 A UL Listed Central Station Provider 17410 Ash Way, Ste. 8 Lynnwood, WA 98037 Phone: (425)290-9600 Fax: (425)787-9705 AGREEMENT, ENTERED INTO THIS 20th DAY OF November 2020 BY FIRE PROTECTION, INC., A WASHINGTON CORPORATION HEREAFTER CALLED "CONTRACTOR" AND Kafe Neo-Alderwood LLC. - Pedro Germano c/o Demetri's Woodstone Taverna Bldg HEREAFTER CALLED "SUBSCRIBER" THAT CONTRACTOR WILL PROVIDE THE FOLLOWING SERVICES AND OR EQUIPMENT: * Provide and install fire alarm system per FPI bid letter dated 11/20/2020: > Fire Alarm @ $15,255.00 > Permit Fees @ $1,185.00 * Monthly fire alarm monitoring via wireless radio fee @ $59.00 TO BE INSTALLED AT: Demetri's Woodstone Taverna Bldg. @ 101 Main St., Edmonds, WA 98020 WHEREAS, SUBSCRIBER AGREES TO HAVE SYSTEM MONITORED FOR A TERM OF 60 MONTHS COMMENCING DATE OF SERVICE ACTIVATION. SUBSCRIBER AGREES TO PAY A MONTHLY MONITORING FEE OF $ 59.00 PLUS TAX AND AGREES THIS FEE TO BE PAID ANNUALLY IN ADVANCE. SUBSCRIBER AGREES TO PAY THE SUM OF $ 16,440.00 PLUS TAX FOR INSTALLATION. SUBSCRIBER AND CONTRACTOR ACKNOWLEDGE A DEPOSIT OF $ NSA WHICH HAS BEEN RECEIVED UPON SIGNING OF THIS AGREEMENT. SUBSCRIBER AGREES OUTSTANDING INSTALLATION BALANCE TO BE PAID Permit fees and 25% down, 60% upon rough -in, 15% upon final SUBSCRIBER IS AWARE ADDITIONAL TERMS AND CONDITIONS ARE AFFIXED TO THE REAR OF THIS AGREEMENT AND HAS READ BOTH FRONT AND REAR OF THIS AGREEMENT AND WITH FULL UNDERSTANDING OF ALL CONDITIONS AND MEANING OF EACH CONDITION SET FORTH AND KNOWINGLY ACCEPTS THIS AGREEMENT IN FULL BY AFFIXING THEIR SIGNATURE HERETO AS AN INDIVIDUAL AND AS AN AUTHORIZED REPRESENTATIVE TO ANY BUSINESS, CORPORATION IF SAID BUSINESS OR CORPORATION IS A PART OF THIS AGREEMENT. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE SUBSCRIBER AND CONTRACTOR. NO OTHER AGREEMENTS, GUARANTEES OR WARRANTIES. REAL OR IMPLIED ARE IN EFFECT UNLESS SIGNED BY BOTH THE SUBSCRIBER AND CONTRACTOR. 3 PREMISES PH BILLING ADDR FE CONTRACTOR SIGNATURE 2067394279 101 Main street Edmonds, WA 98020 DEl � SUBS 1�PedPRIN DocuSign Envelope ID: A1CCC7E5-41AD-4B74-84E2-D5158ECD764E 1. Contractor is not an insurer and does not provide you, the Subscriber, insurance for property loss and or damages, personal injury or loss. Subscriber is responsible for all insurance coverage for the premises or its contents. 2. Subscriber will not hold Contractor, its agents and or assigns liable for any damage, injury or loss Subscriber may have sustained due to a malfunction of the system or dispatching errors, regardless of the cause of such errors. Contractor assumes no liability for interruption of performance of said system regardless of cause and makes no guarantee of warranty including any implied warranty or merchantability of fitness, as to the type of intruder(s) or emergency that the system(s) are intended to detect. 3. In the event that a failure of performance of its obligations under this agreement is determined to be the responsibility of the Contractor, its agents, or employees. Subscriber agrees to limit damages to TWO HUNDRED FIFTY DOLLARS ($250.00). The parties agree that this sum accurately reflects the reasonable damage Subscriber would incur by Contractor's failure of performance and constitutes liquidated damages. 4. Contractor has no physical control of the electronic protective system(s) once the system is installed. Subscriber by his or her signature(s) acknowledges that it is the Subscriber's sole responsibility to verify proper operation of the system(s) by daily testing the system(s). Testing shall include but is not limited to: walk testing all equipment, and immediately reporting to Contractor any claimed inadequacy in or failure of the electronic protective system(s). If the inadequacy or failure reported is not fully repaired and functioning to the satisfaction of the Subscriber, Subscriber agrees to notify Contractor by certified mail within FIVE (5) days of the last contact with Contractor or its designated agents. 5. Subscriber agrees and understands that it is their responsibility to comply with any governmental restrictions, permits, conditions or regulations covering this system and agrees to pay in advance, or reimburse Contractor for any payments on behalf of Subscriber for any fees, assessments and or fines that may be determined in accordance with those applicable government restrictions, permits, conditions or regulations. 6. THIS AGREEMENT DOES NOT INCLUDE MAINTENANCE BEYOND 90 DAYS LABOR AND 1 YEAR PART WARRANTY. Any maintenance is billed at a standard service rate separate from this agreement for both parts and labor and shall comply with NFPA72 and UL requirements. 7. Subscriber is aware that the system must use Subscriber's phone line to transmit signals to a central monitoring station. Blocking, Restricting, Suspension, Disconnection or interference of phone line or services may cause loss of signal ability without notice to the central monitoring station. Subscriber is responsible for any company phone charges. 8. Subscriber consents to all telephone communications through central monitoring station to being recorded and will inform all employees and interested parties of such. 9. Subscriber agrees to make its payments as they become due. In the event a payment is not received by Contractor within 30 days of the date due, Subscriber agrees to pay a late charge of not more than 1 % per month or at the highest rate allowable under law. 10. Upon completion of the initial agreement term, this agreement shall remain in full force and effect for successive periods equal to initial terms, unless the parties to this agreement provide a written notice of cancellation SIXTY (60) DAYS prior to the date that this initial agreement was to end sent by certified mail to Contractor. In the event that the agreement term is extended, the notice of cancellation must be sent by the parties SIXTY (60) DAYS prior to the end of each additional term. After initial term, should Contractor increase rates, Subscriber has 60 days to challenge any increase or the increase should be considered accepted and binding to this agreement. Should Subscriber challenge increase rate, Contractor may either adjust rate to previous amount or cancel service with 60 days written notice. 11. In the event that Subscriber fails to make the payments agreed to in this agreement, Contractor may, at its option, remove or disable any equipment or suspend or discontinue all services including, but not limited to monitoring services, without liability to the Contractor, its agents or employees for any damages to Subscriber's premise or property cause during the original installation of the system or cause by the removal of the equipment. 12. SUBSCRIBER ACCEPTS ALL GOODS "AS -IS" AND WITHOUT WARRANTIES. SUBSCRIBER WAIVES ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any claims for breach of this agreement or breach of any express or implied warranties of fitness or merchantability must be communicated IN WRITING SENT BY CERTIFIED LETTER TO THE CONTRACTOR WITHIN THIRTY (30) DAYS OF THE ALLEGED BREACH. FAILURE TO DO SO WILL RESULT IN SUBSCRIBER'S FULL AND COMPLETE WAIVER OF ANY DEFENSES IT MAY HAVE AS A RESULT OF THE ALLEGED BREACH. 13. In the event this Agreement is placed in the hands of an attorney for enforcement, the party in default agrees to pay the reasonable costs and expenses of enforcing this Agreement, including reasonable attorneys' fees. In the event a suit or action is filed to enforce this Agreement or to construe or interpret this Agreement, the prevailing party shall be entitled to recover the reasonable costs and expenses of the suit or action, at trial or upon appeal, including reasonable attorneys' fees. 14. Subscriber authorizes any employees or emergency subscriber full authority to issue instructions in regards to operation, installation or service of the system unless specified otherwise in writing. 15. SUBSCRIBER IS OBLIGATED TO MAKE PAYMENT FOR THE DURATION OF THIS CONTRACT, REGARDLESS IF SUBSCRIBER USES THIS SYSTEM OR SERVICES. Subscriber agrees that if this agreement is prematurely cancelled or terminated by the Subscriber regardless of cause or reason, all unpaid and future payments due under this agreement will become immediately due and payable in accordance with applicable state law. 16. CORPORATION, SOLE PROPRIETOR, PARTNERSHIPS AND OR LIMITED LIABILITY COMPANIES ONLY. By signature below, Subscriber consents and agrees to settle all claims that may arise under this agreement in accordance with the laws of the State of Washington. The parties to this agreement consent to venue for such action to be JURISDICTION AND VENUE. 17. Subscriber shall not transfer this agreement to any other parry. Transfer of this agreement can only be made by Contractor and will not be in effect unless new Subscriber contracts with Contractor by executing a replacement agreement. 18. This agreement constitutes the entire agreement between the parties and is intended as a final expression of that agreement. This agreement supersedes all prior representations, understandings or agreements, and the parties may rely only upon the contents of this agreement in executing it. This agreement may only be modified in writing by both parties or by an authorized agent of the same. 19. Title to all property installed under this agreement to remain in Contractor's name until such time that the initial term of this agreement has been completed. Early termination of this agreement will cause balance of contract to be paid in full within 30 days. Sales price of system is based on full term completion of the initial agreement period. Communicator to remain Contractor's property at all times. 20. If any part of this agreement is invalid or unenforceable, it shall not effect the remaining terms, obligations or requirements set forth in the remainder of this agreement. 21. Subscriber agrees to indemnify, defend and hold harmless the Contractor from any and all claims any third party makes or files against the Contractor relating to the installation, monitoring and repair of the fire alarm systems governed by this agreement. 22. Upon completion of service, Contractor may remove their property at prevailing service rates. Contractor is not responsible for any repairs required after equipment removal. Any damage, missing or non -removed equipment to be billed to customer net 10 days. os INITIAL HERE 23. It is Subscriber's responsibility to test protection system daily and acknowledges they have been instructed in this procedure by Contractor. CZ