EXHIBIT
10.1
AIA
Document A101-1997
Standard Form of
Agreement Between Owner and Contractor
where the basis of
payment is a STIPULATED SUM
AGREEMENT
made
as of the
Fourth
day
of January
in the
year of Two Thousand and
Five
(In
words, indicate day, month and year)
BETWEEN the
Owner:
(Name, address and
other information)
Blue Ridge Real Estate
, Inc. Company
P. 0.
Box 707
Route 940 and Mosey
Wood Road
Blakeslee, PA
18610
and
the Contractor:
(Name, address and
other information)
Barbaron,
Inc.
4411 E. Arlington
Street
Inverness, FL
34453
This
document has important legal consequences. Consultation with an
attorney is encouraged with respect to its completion or
modification.
AIA
Document A201-1997, General Conditions of the Contract for
Construction, is adopted in this document by reference. Do not use
with other general conditions unless this document is
modified.
This
document has been approved and endorsed by The Associated General
Contractors of America.
The
Project is: (Name and location)
Jack Frost National
Golf Club @ Boulder Creek Resorts
Blakeslee,
PA
The
Architect is:
(Name, address and
other information)
Golf Strategies,
LLC
737 Main Street
Suite 201
Safety Harbor, FL
34695
The
Owner and Contractor agree as follows.
AIA
Document A101™- 1997 . Copyright
©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967. 1974,
1977, 1980, 1987, 1991 and 1997 by The American Institute of
Architects. All righ t
s
reserved. WARNING: This AIA *
Document is
protected by U.S. Copyright Law and In t
ernational
Treaties. Unauthorized reproduction or distribution of this
AIA Document, or
any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible
under the law. Purchasers are permitted to reproduce ten (10)
copies of this document when completed. To report copyright
violations of AIA Contrac t
Documents, e-mail
The American Institute of Architects' legal counsel,
copyright@aia.org.
ARTICLE 1
THE CONTRACT DOCUMENTS
The
Contract Documents consist of this Agreement, Conditions of the
Contract (General, Supplementary and other Conditions), Drawings,
Specifications, Addenda issued prior to execution of this
Agreement, other documents listed in this Agreement and
Modifications issued after execution of this Agreement; these form
the Contract, and are as fully a part of the Contract as if
attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties
hereto and supersedes prior negotiations, representations or
agreements, either written or oral. An enumeration of the Contract
Documents other than Modifications, appears in Article 8. The
terms and conditions of the “Special Conditions” shall
supercede any other conflicting language in the Contract
Documents.
ARTICLE 2
THE WORK OF THIS CONTRACT
The
Contractor shall fully execute the Work described in the Contract
Documents, except to the extent specifically indicated in the
Contract Documents to be the responsibility of others.SEE
EXHIBIT C
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL
COMPLETION
§
3.1 The date of commencement of the Work shall be the date of this
Agreement unless a different date is stated below or provision is
made for the date to be fixed in a notice to proceed issued by the
Owner.
(Insert the date
of commencement if it differs from the date of this Agreement or,
if applicable, state that the date will be fixed in a notice to
proceed.)
The date of
commencement will be March 1, 2005 and fixed in a Notice To
Proceed.
If,
prior to the commencement of the Work, the Owner requires time to
file mortgages, mechanic's liens and other security interests, the
Owner's time requirement shall be as follows:
§
3.2 The Contract Time shall be measured from the date of
commencement.
§
3.3 The Contractor shall achieve Substantial Completion of the
entire Work not later than
days
from
the date of commencement, or as follows:
(Insert number of
calendar days. Alternatively, a calendar date may be used when
coordinated with the date of commencement. Unless stated elsewhere
in the Contract Documents, insert any requirements for earlier
Substantial Completion of certain portions of the
Work.)
November
4, 2005
,
subject to adjustments of this Contract Time as provided in the
Contract Documents.
(Insert
provisions, if any, for liquidated damages relating to failure to
complete on time or for bonus payments for early completion of the
Work.) For every day
after November 4, 2005 which Contractor has failed to achieve
Substantial Completion of the entire work, the Contract Sum shall
be reduced by an amount of $500.00.
Owner
and Contractor acknowledge that the damage from such delay in
completion are difficult to measure and therefore have negotiated,
stipulated and agreed that $500.00 a day is a fair and reasonable
amount of liquidated damages to Owner for any such delay in
completion.
ARTICLE 4
CONTRACT SUM
§
4.1 The Owner shall pay the Contractor the Contract Sum in current
funds for the Contractor's performance of the Contract. The
Contract Sum shall be Two Million Seventy Nine Thousand Three
Hundred Twenty Five and 00/100 Dollars ($2,079,325.00), subject
to additions and deductions as provided in the Contract
Documents.
AIA
Document A101™- 1997 . Copyright
©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967. 1974,
1977, 1980, 1987, 1991 and 1997 by The American Institute of
Architects. All righ t
s
reserved. WARNING: This AIA *
Document is
protected by U.S. Copyright Law and In t
ernational
Treaties. Unauthorized reproduction or distribution of this
AIA Document, or
any portion of it, may result in severe civil and criminal
penalties, and will be prosecuted to the maximum extent possible
under the law. Purchasers are permitted to reproduce ten (10)
copies of this document when completed. To report copyright
violations of AIA Contrac t
Documents, e-mail
The American Institute of Architects' legal counsel,
copyright@aia.org.
§
4.2 The Contract Sum is based upon the following alternates, if
any, which are described in the Contract Documents and are hereby
accepted by the Owner:
(State the numbers
or other identification of accepted alternates. If decisions on
other alternates are to be made by the Owner subsequent to the
execution of this Agreement, attach a schedule of such other
alternates showing the amount for each and the date when that
amount expires)
The work is limited to
the items bid on the Schedule of Unit Prices. (Exhibit
A)
This is a Lump Sum
Contract, unless otherwise noted. Contract will be adjusted
by change order only.
§
4.3 Unit prices, if any, are as follows:
See Exhibit A -
Schedule of Prices.
ARTICLE 5
PAYMENTS
§ 5.1 PROGRESS
PAYMENTS
§
5.1.1 Based upon Applications for Payment submitted to the
Architect by the Contractor and Certificates for Payment issued by
the Architect, the Owner shall make progress payments on account of
the Contract Sum to the Contractor as provided below and elsewhere
in the Contract Documents.
§
5.1.2 The period covered by each Application for Payment shall be
one calendar month ending on the last day of the month, or as
follows:
25th of the
month
§
5.1.3 Provided that an Application for Payment is received by the
Architect not later than the
25 th
day of a month, the Owner
shall make payment to the Contractor not later than the
15 th day of the following month.
If an Application for Payment is received by the Architect
after the application date fixed above, payment shall be made by
the Owner not later than twenty
(
20 ) days after the
Architect receives the Application for Payment.
§
5.1.4 Each Application for Payment shall be based on the most
recent schedule of values submitted by the Contractor in accordance
with the Contract Documents. The schedule of values shall allocate
the entire Contract Sum among the various portions of the Work. The
schedule of values shall be prepared in such form and supported by
such data to substantiate its accuracy as the Architect may
require. This schedule, unless objected to by the Architect, shall
be used as a basis for reviewing the Contractor's Applications for
Payment.
§
5.1.5 Applications for Payment shall indicate the percentage of
completion of each portion of the Work as of the end of the period
covered by the Application for Payment.
AIA
Document A101™- 1997 . Copyright
©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967. 1974,
19
