EXHIBIT
10.2
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
Modif i
cations 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
nego t
iations,
representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modif
i
cat
i
ons,
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 f i
xed in
a notice to proceed issued by t
he
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 l
iens
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 shal l
achieve
Substantial Completion of the entire Work not later than
days
from the date of commencement, or as follows:
(Insert number of
calendar days. A l
terna
t
ive
l
y,
a calendar date may he used when coordinated with the date of
commencement. Unless stated e l
sewhere in the
Contract Documents, inser t
any
requiremen t
s
/
or
earlier Substantial Comple t
ion
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 Seven Hundred Ninety Eight Thousand Four
Hundred. Eighty Three and 50/100 Dollars. ($2,798,483.50), 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.
ARTICLES
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 25th day of a month, the Owner shall
make payment to the Contractor not later than the 15th 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 Paymen t
shall
be b
ased
on the most recent schedule of va l
ues
submitted by the Contractor in accordance with the Contract
Documents. The schedule of values shal l
alloca
t
e the
en t
ire
Contrac t
Sum
among the various portions of the Work. The schedule of values
sha l
l 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,
