Exhibit 10
AGREEMENT made as of the Twenty Second (22nd) day of March in the year of
Two
Thousand and Five (In words, indicate day,
month and year)
BETWEEN the Owner:
(Name, address and other information)
Community Bankshares, Inc.
791 Broughton Street
Orangeburg, South Carolina 29115
Telephone Number: (803) 535-1060
and the Contractor:
(Name, address and other information)
C. F. Evans & Company, Inc.
P. O. Box 1686
Orangeburg, South Carolina 29116-1686
Telephone Number: (803) 536-6443
Fax Number: (803) 531-4629
The Project is:
(Name and location)
Community Bankshares Corporate
Headquarters
Orangeburg, South Carolina
The Architect is:
(Name, address and other information)
Robert E. Moore Architect
1800 Ashcraft Avenue
Monroe, North Carolina 28110
Telephone Number: (704) 283-1196
Fax Number: (704) 289-4422
The Owner and Contractor agree as
follows.
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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 date of
this Agreement or, if
applicable,
state that the date will be fixed in a
notice to proceed.)
Date of Commencement will be ten
(10) days after receipt of 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 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.)
Date of Substantial Completion will be seven (7) months after receipt of
building permit
Portion of Work
Substantial Completion Date
, 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.)
Should the project not be complete by date
of Substantial Completion, liquidated
damages will be assessed at the rate of Two
Hundred Fifty Dollars
($250.00) for
each day Owner is unable to assume
occupancy.
The Contractor will be paid a bonus of Two
Hundred Fifty Dollars
($250.00) for
every calendar day the project is completed
ahead of the six-month
construction
schedule.
2
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ARTICLE 4 CONTRACT SUM
Section 4.1 The Owner shall pay the
Contractor the Contract Sum in current funds
for the Contractor's performance of the Contract. The
Contract Sum shall be One
Million Four Hundred Seventy-five Thousand Five Hundred Dollars and
Zero Cents
($ 1,475,500.00 ), 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 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)
Section 4.3 Unit prices, if any, are as
follows:
Description
Units
Price ($ 0.00)
ARTICLE 5 PAYMENTS
Section 5.1 PROGRESS PAYMENTS
Section 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.
Section 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:
Section 5.1.3 Provided that an Application for Payment is received by the
Architect not later than the twenty-fifth
(25th) day of a month, the Owner shall
make payment to the Contractor not later than the tenth (10th)
day of the next
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
fifteen (15) days after the Architect
receives the Application for Payment.
Section 5.1.4 Each Application for Payment shall be based on the most
recent
sched
