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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 .he Fourth day of January in the year of Two Thousand
Seven
BETWEEN the Owner:
Cornerstone National Bank, General
Corporation
670 East Main Street
Easley, SC 29640
Telephone Number: 864-306-1444
and the Contractor:
SYS Constructors, Inc., General
Corporation
20 Brozzini Court
Greenville, SC 29615
Telephone Number: 864-288-3885
The Project is:
Cornerstone National Bank Operations
Center
1670 East Main Street
Easley, SC 29640
The Architect is:
Context Design Group, LLC, Limited
Liability Company
200 Westfield Street
Greenville, SC 29601
Telephone Number: 864-233-3230
Fax Number: 864-233-3220
The Owner and Contractor agree as
follows.
1
<PAGE>
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.
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.
ARTICLE 3 DATE OF COMMENCEMENT AND
SUBSTANTIAL COMPLETION
Section
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 dare
of this Agreement
or, if
applicable. state that the date will be
fixed in a notice to proceed.)
RECEIPT OF FULL BUILDING PERMIT
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:
Section 3.2 The Contract Time shall be
measured from the date of commencement.
Section 3.3 The Contractor shall
achieve Substantial Completion of the entire
Work not later than 226 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
{he
Contract Documents, insert any requirements for earlier
Substantial Completion
of certain portions of the Work.);
Portion of Work Substantial Completion Date
Contract Scope July 27, 2007
, 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.)
ARTICLE 4 CONTRACT SUM
Section
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 One Million Thirteen Thousand Two Hundred Forty-four Dollars and Zero Cents
($1,013,244.00), subject
to additions and
deductions as provided
in the
Contract Documents.
Section 4.2 The Contract Sum is based
upon the following alternates.
if any.
which are described in the Contract Documents
and arc 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 dare when
that amount expires)
2
<PAGE>
Alternate No. I - Not Accepted
Voluntary Alternate "A" - Aluminum Louvers - Add $2,450.00 to have the Louvers
as Specified in Section 10200
Voluntary Alternate "B" - Dual Piston
Elevator - Add $2,450.00 to have the
Elevator as Specified in Section 14240
Voluntary Alternate "C" -1 Ton Steel Misc. Steel per Note F-14 on S-000 - Add
$15,000.00 to have an allowance to be used for Miscellaneous Steel as Specified
Voluntary Alternate "D" -
Access Floor Type FS vs. S - Deduct $7,896.00 - Owner
will provide Access Floor under a separate contract
Voluntary Alternate "E" - Additional
Permit Fee Allowance - Add
$5,000.00
Allowance to accommodate
additional fees anticipated
for Owner Purchased
Contract values in addition to General Contractor Base Bid Amount
Voluntary Alternate "F" -
Grass - Add $1,200.00 for Hydro-Seeding
of all areas
not to be paved
Section 4.3 Unit prices, if any, are as follows:
Description
Units Price ($0.00)
Unit Price #1 Trench Rock CU $350.00
Unit Price #2 Mass Rock CU $125.00
Unit Price #3 Removal of Under Cut Soil CU $8.50
Unit Price #4 Engineered Fill CU $35.00
Unit Price #5 Off-site Fill CU $11.75
Unit Price #6 On-site Fill CU $9.50
ARTICLE 5 PAYMENTS
Section 5.1 PROGRESS PAYMENTS






