AGREEMENT BETWEEN OWNER AND CONTRACTOR

Standard Form of Agreement Between Owner and Contractor

Where the basis for payment is the COST OF THE WORK PLUS A FEE with a negotiated Guaranteed Maximum Price

AGREEMENT made as of the                     5th                     day of                     June
in the year              2006

(In words, indicate day, month and year)

BETWEEN the Owner:

(Name, address, and other information)

3680 Broadway Building Associates

3680 Broadway

Fort Myers, FL 33907

and the Contractor:

(Name, address, and other information)

Devoto Construction of Southwest Florida, Inc.

2234 Colonial Blvd.

Fort Myers, FL 33907

The Project is:

(Name and address)

FMO—SHELL

3680 Broadway

Fort Myers, FL 33907

The Architect is:

(Name, address, and other information)

N/A

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion of modification.

This document is not intended for use in competitive bidding.

AIA Document A201-1997. General Conditions of the Contract for Construction, is adopted in this document by reference.

This document has been approved and endorsed by The Associated General Contractors of America.

7.6.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Subparagraph 13.5.3 of AI