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Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price
Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price (16K)
Doc #143474: Click preview link for longer preview.
THE AMERICAN INSTITUTE OF ARCHITECTS ------------------------------------------------------------------------------- AIA DOCUMENT A117-1987 ABBREVIATED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR for CONSTRUCTION PROJECTS OF LIMITED SCOPE where the basis of payment is the COST OF THE WORK PLUS A FEE with or without a Guaranteed Maximum Price
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
This document includes abbreviated General Conditions and should not be used with other General Conditions. It has been approved and endorsed by The Associated General Contractors of America.
-------------------------------------------------------------------------------
AGREEMENT
made as of the 28th day of March in the year Two Thousand and Three. This contract is being entered into in accordance with the Resolution of the Board of Directors of Roberts Realty Investors, Inc., dated March 20, 2001. At said meeting of the Board of Directors, the Directors specifically authorized by a 6-0 unanimous vote for Roberts Realty Investors, Inc. to retain Roberts Properties Construction, Inc. to construct the 220-unit Northridge Pointe Apartment Community for its costs plus 10% in accordance with this contract:
BETWEEN the Owner: Roberts Properties Residential, L.P. 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc. 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
The Project is: Northridge Pointe Apartments 450 Northridge Parkway Atlanta, Georgia 30350
The Architect is: Smallwood, Reynolds, Stewart, Stewart & Associates, Inc. One Piedmont Center, Suite 303 3565 Piedmont Road Atlanta, GA 30305
Or any other Architect selected by the Owner.
The Owner and Contractor agree as set forth below.
-------------------------------------------------------------------------------
AIA DOCUMENT A117 - ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT - SECOND EDITION - AIA(R) (C)1987 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A117-1987 1
{PAGE}
ARTICLE 1 THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
All site clearing, grading, utilities, paving, curb and gutters, landscaping, etc. associated with the construction of a total of 220 one or two bedroom apartment units, a swimming pool, maintenance/carwash building and trash compactor. The property consists of 10.93 acres of land located on Northridge Parkway in Land Lots 25 and 26 of the 17th District and Land Lots 385 and 386 of the 18th District of Fulton County, Georgia. The Project is to be constructed in accordance with the Plans & Specifications to be prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc. or another Architect selected by the Owner.
Any adverse soil conditions that may be encountered are included in this Cost plus Contract; any costs associated with those conditions shall be borne by the Owner.
ARTICLE 2 RELATIONSHIP OF THE PARTIES
2.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance with the requirements of the Contract Documents.
143474
|
Roberts
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts
Properties Construction, – meeting of the Board of Directors, the Directors specifically authorized by a
6-0 unanimous vote for Roberts Realty Investors, Inc. to retain Roberts
Properties Construction, Inc. to construct the 220-unit Northridge Pointe
Apartment Community for its costs plus 10% in accordance with this contract:
BETWEEN the _____________
Roberts Properties Construction, – accordance with this contract:
BETWEEN the Owner: Roberts Properties Residential, L.P.
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
The Project is: Northridge Pointe Apartments
450 Northridge Parkway
Atlanta, Georgia 30350
The _____________
dt 90243
;
RPR
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties Residential, – Inc. to construct the 220-unit Northridge Pointe
Apartment Community for its costs plus 10% in accordance with this contract:
BETWEEN the Owner: Roberts Properties Residential, L.P.
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
8010 Roswell Road, Suite 120
_____________
ROBERTS PROPERTIES
RESIDENTIAL, – one to the Owner's construction inspector for use in the
administration of the Contract, and the remainder to the Owner.
-------------------------------------- --------------------------------------
ROBERTS PROPERTIES ROBERTS PROPERTIES
RESIDENTIAL, L.P. CONSTRUCTION, INC.
A Georgia limited partnership
By: Roberts Realty Investors, Inc.,
it's sole General Partner
/s/ Charles R. Elliott / _____________
dt 90234
;
Roberts Realty
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Realty Investors, Inc – the year Two Thousand and Three. This
contract is being entered into in accordance with the Resolution of the Board of
Directors of Roberts Realty Investors, Inc ., dated March 20, 2001. At said
meeting of the Board of Directors, the Directors specifically authorized by a
6-0 unanimous vote _____________
Roberts Realty Investors, Inc – dated March 20, 2001. At said
meeting of the Board of Directors, the Directors specifically authorized by a
6-0 unanimous vote for Roberts Realty Investors, Inc . to retain Roberts
Properties Construction, Inc. to construct the 220-unit Northridge Pointe
Apartment Community for its costs plus 10% in accordance _____________
Roberts Realty Investors, Inc – of the Contract, and the remainder to the Owner.
-------------------------------------- --------------------------------------
ROBERTS PROPERTIES ROBERTS PROPERTIES
RESIDENTIAL, L.P. CONSTRUCTION, INC.
A Georgia limited partnership
By: Roberts Realty Investors, Inc .,
it's sole General Partner
/s/ Charles R. Elliott /s/ Charles S. Roberts
-------------------------------------- --------------------------------------
Charles R. Elliott, Charles S. Roberts, President
Chief Operating _____________
dt 322125
;
|
Wachovia Bank
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Wachovia Bank, – thereof, at the
legal rate prevailing from time to time at the place where the Project is
located.
The prevailing prime rate of Wachovia Bank, N.A., plus 1%.
ARTICLE 10
FINAL PAYMENT
10.1 Final payment, constituting the entire unpaid balance of the Contract
Sum, shall _____________
dt 88653
;
Smallwood, Reynolds, Stewart, Stewart & Associates, Inc.
|
Preview
Full Doc
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Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price
Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price (54K)
Doc #143520: Click preview link for longer preview.
AIA Document A117
ABBREVIATED FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR for CONSTRUCTION PROJECTS OF LIMITED SCOPE where the basis of payment is the COST OF THE WORK PLUS A FEE with or without a Guaranteed Maximum Price
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America.
--------------------------------------------------------------------------------
AGREEMENT
made as of the day of in the year of Two Thousand Two
BETWEEN the Owner:
(Name and address) Dominion Homes, Inc. 5501 Frantz Road Dublin, Ohio 43017 and the Contractor:
(Name and address) The Daimler Group, Inc. 1533 Lake Shore Drive Columbus, Ohio 43204 The Project is:
(Name and location) Dominion Homes Office Building 4800 Tuttle Crossing Blvd. Dublin, Ohio 43017
The Architect is: (Name and address) Maddox-NBD Inc. 4945 Bradenton Avenue Dublin, Ohio 43017 The Owner and Contractor agree as set forth below.
Copyright 1979, (C) 1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Portions of this document are derived from AIA Document A111. Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee, copyright (C) 1987 and earlier years, and AIA Document A201, General Conditions of the Contract for Construction, copyright (C) 1987 and earlier years. Reproduction of the material herein of substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution.
AIA DOCUMENT A117 . ABBREVIATED COST-PLUS OWNER-CONTRACTOR AGREEMENT . SECOND EDITION . AIA(R) (C) 1987 . THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006
A117-1987 1
{PAGE}
ARTICLE 1 THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: The construction of a two-story, 35,000 +/- square foot office building with related site work on a 2.96-acre site located at 4800 Tuttle Crossing Blvd., Dublin, Chio. Details of the work shall be as represented in the attached list of Contract Documents (Exhibit A). The Work includes feasibility analysis, budgeting, scheduling, coordination of the architects and consulting engineers, value engineering, acquisition of building permits and payment of fees on the Owner's behalf, management and administration of the construction process, cost control and reporting, start up and Owner acceptance.
ARTICLE 2 RELATIONSHIP OF THE PARTIES
2.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance with the requirements of the Contract Documents.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, 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.) On or about December 10, 2002
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than
(Insert the calendar date or number of calendar days after the date of commencement. Also insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) On or about October 10, 2003 subject to start date of December 10, 2002 and subject to start date and inclement weather.
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.)
See Exhibit B
ARTICLE 4 CONTRACT SUM
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum consisting of the Cost of the Work as defined in Article 5 and the Contractor's Fee determined as follows:
(State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee, and explain how the Contractor's Fee is to be adjusted for changes in the Work.)
Contractor's Fee shall be 6% of hard costs (categories 1-16 and 19 excluding category 1910). Change orders for tenant work or changes in scope generated by the Owner or Tenant shall be subject to a Contractor's Fee of 6% plus reimbursement for contractor's personnel and other general conditions costs.
143520
|
Dominion Homes
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Dominion Homes, – day of in the year of
Two Thousand Two
BETWEEN the Owner:
(Name and address)
Dominion Homes, Inc.
5501 Frantz Road
Dublin, Ohio 43017
and the Contractor:
(Name and address)
The
Dominion Homes – Group, Inc.
1533 Lake Shore Drive
Columbus, Ohio 43204
The Project is:
(Name and location)
Dominion Homes Office Building
4800 Tuttle Crossing Blvd.
Dublin, Ohio 43017
The Architect is:
(Name and address)
DOMINION HOMES, – Agreement.
This Agreement entered into as of the day and year first written above.
OWNER DOMINION HOMES, INC CONTRACTOR THE DIAMLER GROUP, INC.
/s/ Peter J. O'Hanlon /s/ Conrad Wisinger
----------------------------------- ---------------------------------------
(
dt 31085
;
Dominion Homes
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Dominion Homes, – Contractors of America.
--------------------------------------------------------------------------------
AGREEMENT
made as of the day of in the year of
Two Thousand Two
BETWEEN the Owner:
(Name and address)
Dominion Homes, Inc.
5501 Frantz Road
Dublin, Ohio 43017
and the Contractor:
(Name and address)
The Daimler Group, Inc.
1533 Lake Shore Drive
Columbus, _____________
Dominion Homes – and the Contractor:
(Name and address)
The Daimler Group, Inc.
1533 Lake Shore Drive
Columbus, Ohio 43204
The Project is:
(Name and location)
Dominion Homes Office Building
4800 Tuttle Crossing Blvd.
Dublin, Ohio 43017
The Architect is:
(Name and address)
Maddox-NBD Inc.
4945 Bradenton Avenue
Dublin, Ohio _____________
DOMINION HOMES, – by way of a change order to this Agreement.
This Agreement entered into as of the day and year first written above.
OWNER DOMINION HOMES, INC CONTRACTOR THE DIAMLER GROUP, INC.
/s/ Peter J. O'Hanlon /s/ Conrad Wisinger
----------------------------------- ---------------------------------------
(Signature) (Signature)
Peter J. O'Hanlon Conrad Wisinger
_____________
dt 90141
;
| The Daimler Group, Inc.;
Maddox-NBD Inc.
|
Preview
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Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price
Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price (15K)
Doc #143478: Click preview link for longer preview.
THE AMERICAN INSTITUTE OF ARCHITECTS ------------------------------------------------------------------ AIA DOCUMENT A117-1987 Abbreviated Form of Agreement Between Owner and Contractor for CONSTRUCTION PROJECTS OF LIMITED SCOPE where the basis of payment is the COST OF THE WORK PLUS A FEE with or without a Guaranteed Maximum Price
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America. ------------------------------------------------------------------------------- AGREEMENT
made as of the 23rd day of April in the year of Two Thousand and One.
BETWEEN the Owner: Roberts Properties, Inc. 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc. 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
The Project is: Northridge Pointe Headquarters Building 450 Northridge Parkway Atlanta, Georgia 30350
The Architect is: Lyman Davidson Dooley, Inc. 1640 Powers Ferry Road Building 1, Suite 100 Marietta, Georgia 30067
The Owner and Contractor agree as set forth below.
{PAGE}
ARTICLE 1 THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
All site clearing, grading, utilities, paving, curb and gutters, landscaping, etc. associated with the construction of a 39,907 gross square foot office building. The property consists of 4.101 acres of land located on Northridge Parkway in Land Lots 25 and 26 of the 17th District, Fulton County, Georgia. Project is to be constructed in accordance with the Plans & Specifications to be prepared by Lyman Davidson Dooley, Inc. entitled "Roberts Properties, Inc. Corporate Headquarters, Fulton County", last revised January 31, 2001.
Any adverse soil conditions that may be encountered are included in this Cost Plus Contract; any costs associated with those conditions shall be borne by the Owner.
ARTICLE 2 RELATIONSHIP OF THE PARTIES
2.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance with the requirements of the Contract Documents.
143478
|
Roberts
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties Construction, – year of Two Thousand and One.
BETWEEN the Owner: Roberts Properties, Inc.
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
The Project is: Northridge Pointe Headquarters Building
450 Northridge Parkway
Atlanta, Georgia 30350
_____________
ROBERTS PROPERTIES CONSTRUCTION, – to the Owner's construction inspector for use in the
administration of the Contract, and the remainder to the Owner.
--------------------------------- ---------------------------------------
ROBERTS PROPERTIES, INC. ROBERTS PROPERTIES CONSTRUCTION, INC.
a Georgia limited partnership
/s/ Charles S. Roberts /s/ Charles S. Roberts
------------------------------ -----------------------------------
Charles S. Roberts, President Charles S. Roberts, President
{/TEXT}
{/ _____________
dt 90244
;
Roberts Prop.
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties, Inc – Contractors of America.
-------------------------------------------------------------------------------
AGREEMENT
made as of the 23rd day of April in the year of Two Thousand and One.
BETWEEN the Owner: Roberts Properties, Inc .
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
8010 Roswell Road, Suite 120
Atlanta, Georgia _____________
"Roberts Properties, Inc – Fulton County, Georgia.
Project is to be constructed in accordance with the Plans & Specifications to be
prepared by Lyman Davidson Dooley, Inc. entitled "Roberts Properties, Inc .
Corporate Headquarters, Fulton County", last revised January 31, 2001.
Any adverse soil conditions that may be encountered are included in this Cost
_____________
ROBERTS PROPERTIES, INC – the Contractor, one to the Owner's construction inspector for use in the
administration of the Contract, and the remainder to the Owner.
--------------------------------- ---------------------------------------
ROBERTS PROPERTIES, INC . ROBERTS PROPERTIES CONSTRUCTION, INC.
a Georgia limited partnership
/s/ Charles S. Roberts /s/ Charles S. Roberts
------------------------------ -----------------------------------
Charles S. Roberts, President Charles S. _____________
dt 361521
;
First Union
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
First Union National Bank, – thereof, at
the legal rate prevailing from time to time at the place where the Project is
located.
The prevailing prime rate of First Union National Bank, plus 1%.
ARTICLE 10
FINAL PAYMENT
10.1 Final payment, constituting the entire unpaid balance of the Contract
Sum, shall be paid _____________
dt 184200
;
| Lyman Davidson Dooley, Inc.;
Roberts Realty Investors Inc.
|
Preview
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 | 2001 |
Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price
Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price (20K)
Doc #143479: Click preview link for longer preview.
THE AMERICAN INSTITUTE OF ARCHITECTS ------------------------------------------------------------------ AIA DOCUMENT A117-1987 Abbreviated Form of Agreement Between Owner and Contractor for CONSTRUCTION PROJECTS OF LIMITED SCOPE where the basis of payment is the COST OF THE WORK PLUS A FEE with or without a Guaranteed Maximum Price
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America. ------------------------------------------------------------------------------- AGREEMENT
made as of the 21st day of June in the year of Two Thousand and One.
BETWEEN the Owner: Roberts Properties Residential, L.P. 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc. 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
The Project is: Addison Place Shoppes 5100 Abbotts Bridge Road Alpharetta, Georgia 30005
The Architect is: Hill Foley & Rossi 3525 Mall Boulevard, Suite 6A Duluth, Georgia 30096
The Owner and Contractor agree as set forth below.
{PAGE}
ARTICLE 1 THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
All site clearing, grading, utilities, paving, curb and gutters, landscaping, etc. associated with the construction of a 47,200 square foot retail building. Constructed in accordance with the drawings dated May 10, 2001, prepared by Hill, Foley, Rossi & Associates, Inc. The property consists of 6.84 acres of land located in Land lots 198 and 231 of the 1st District of the 1st Section of Fulton County, Georgia.
Any adverse soil conditions that may be encountered are included in this Cost Plus Contract; any costs associated with those conditions shall be borne by the Owner.
ARTICLE 2 RELATIONSHIP OF THE PARTIES
2.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance with the requirements of the Contract Documents.
ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, 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.
The Date of Commencement shall be the first day after both parties have signed the original Agreement or a later date agreed upon by both parties. Contractor must file a Notice of Commencement per Georgia Law. A recorded copy will be maintained in the Contractor's file and on the jobsite.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than fourteen months after the Date of Commencement, subject to adjustment of this Contract Time as provided in the Contract Documents.
143479
|
Roberts
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties Construction, – Two Thousand and One.
BETWEEN the Owner: Roberts Properties Residential, L.P.
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
The Project is: Addison Place Shoppes
5100 Abbotts Bridge Road
Alpharetta, Georgia 30005
_____________
dt 90245
;
RPR
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties Residential, – Contractors of America.
-------------------------------------------------------------------------------
AGREEMENT
made as of the 21st day of June in the year of Two Thousand and One.
BETWEEN the Owner: Roberts Properties Residential, L.P.
8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
8010 Roswell Road, Suite 120
_____________
ROBERTS PROPERTIES
RESIDENTIAL, – one to the Owner's construction inspector for use in the
administration of the Contract, and the remainder to the Owner.
ROBERTS PROPERTIES ROBERTS PROPERTIES
RESIDENTIAL, L.P. CONSTRUCTION, INC.
a Georgia limited partnership
By: Roberts Realty Investors, Inc., its sole
General Partner
/s/ Charles R. Elliott /s/ _____________
dt 90235
;
Roberts Realty
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Realty Investors, Inc – of the Contract, and the remainder to the Owner.
ROBERTS PROPERTIES ROBERTS PROPERTIES
RESIDENTIAL, L.P. CONSTRUCTION, INC.
a Georgia limited partnership
By: Roberts Realty Investors, Inc ., its sole
General Partner
/s/ Charles R. Elliott /s/ Charles S. Roberts
-------------------------------------------- -------------------------------
Charles R. Elliott, Chief Financial Officer Charles S. Roberts, President
{/ _____________
dt 322126
;
|
First Union
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
First Union National Bank, – thereof, at
the legal rate prevailing from time to time at the place where the Project is
located.
The prevailing prime rate of First Union National Bank, plus 1%.
ARTICLE 10
FINAL PAYMENT
10.1 Final payment, constituting the entire unpaid balance of the Contract
Sum, shall be paid _____________
dt 184201
;
Hill Foley & Rossi
|
Preview
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Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price
Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price (21K)
Doc #121140: Click preview link for longer preview.
AIA DOCUMENT A117-1987
Abbreviated Form of Agreement Between
Owner and Contractor
for
CONSTRUCTION PROJECTS OF LIMITED SCOPE
where the basis of payment is the
COST OF THE WORK PLUS A FEE
with or without a Guaranteed Maximum Price
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America.
------------------------------------------------------------------------------- AGREEMENT
made as of the 15th day of August in the year of Nineteen Hundred and Ninety-Eight.
BETWEEN the Owner: Roberts Properties Residential, L.P. (Name and address) 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc. (Name and address) 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
The Project is: Old Norcross Apartments (Name and location) Old Norcross & Herrington Roads Norcross, Georgia 30044
The Architect is: The Preston Phillips Partnership, Inc. (Name and address) 9000 Central Park West Suite 100 Atlanta, Georgia 30328
The Owner and Contractor agree as set forth below.
-------------------------------------------------------------------------------- Copyright 1979, (C)1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Portions of this document are derived from AIA Documents A111, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee, copyright (C) 1987 and earlier years, and AIA Document A201, General Conditions of the Contract for Construction, copyright (C)1987 and earlier years. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. --------------------------------------------------------------------------------
{PAGE}
ARTICLE 1
THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
All site clearing, grading, utilities, paving, curb and gutters, landscaping, etc. associated with the construction of 249 total one, two, or three bedroom units, swimming pool, maintenance/car wash building and trash compactor. The property consists of approximately 35.325 acres of land located in Land lots 38 and 41 of the 7th District of Gwinnett County, Georgia. Project is to be constructed in accordance with the approved Plans & Specifications to be prepared by The Preston Phillips Partnership, Inc.
Any adverse soil conditions that may be encountered are included in this Cost Plus Contract; any costs associated with those conditions shall be borne by the Owner.
ARTICLE 2
RELATIONSHIP OF THE PARTIES
2.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance with the requirements of the Contract Documents.
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, 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.
The Date of Commencement shall be the first day after both parties have signed the original Agreement or a later date agreed upon by both parties. Contractor must file a Notice of Commencement per Georgia Law. A recorded copy will be maintained in the Contractor's file and on the jobsite.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 14 months after the Date of Commencement, subject to adjustments of this Contract Time as provided in the Contract Documents.
121140
|
Preston Phillips
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Preston Phillips Partnership, – Atlanta, Georgia 30350
The Project is: Old Norcross Apartments
(Name and location) Old Norcross & Herrington Roads
Norcross, Georgia 30044
The Architect is: The Preston Phillips Partnership, Inc.
(Name and address) 9000 Central Park West
Suite 100
Atlanta, Georgia 30328
The Owner and Contractor agree as set forth below.
--------------------------------------------------------------------------------
_____________
Preston Phillips Partnership, – 7th District of Gwinnett County, Georgia. Project is to be
constructed in accordance with the approved Plans & Specifications to be
prepared by The Preston Phillips Partnership, Inc.
Any adverse soil conditions that may be encountered are included in this Cost
Plus Contract; any costs associated with those conditions _____________
Preston Phillips Partnership, – o THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK
AVENUE, N. W., WASHINGTON, D.C. 20006
--------------------------------------------------------------------------------
{PAGE}
EXHIBIT "A" LIST OF DRAWINGS
The Preston Phillips Partnership, Inc.
Dated __________ Revised _____________
ARCHITECTURAL MECHANICAL
------------- ----------
Site Plan HVAC - Unit "B" & "C" Floor Plans
Structural Notes HVAC - Schedules, Details & Legend
Floor _____________
dt 90250
;
Roberts
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties Construction, – Eight.
BETWEEN the Owner: Roberts Properties Residential, L.P.
(Name and address) 8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
(Name and address) 8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
The Project is: Old Norcross Apartments
(Name and location) Old _____________
dt 90240
;
RPR
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties Residential, – of
America.
-------------------------------------------------------------------------------
AGREEMENT
made as of the 15th day of August in the year of
Nineteen Hundred and Ninety-Eight.
BETWEEN the Owner: Roberts Properties Residential, L.P.
(Name and address) 8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
(Name and _____________
ROBERTS PROPERTIES
RESIDENTIAL, – one to the Owner's construction inspector for use in the
administration of the Contract, and the remainder to the Owner.
-------------------------------------- ---------------------------------
ROBERTS PROPERTIES ROBERTS PROPERTIES
RESIDENTIAL, L.P. CONSTRUCTION, INC.
a Georgia limited partnership
By: Roberts Realty Investors, Inc., its sole
General Partner
/s/ Charles R. Elliott /s/ _____________
dt 90229
;
|
Roberts Realty
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Realty Investors, Inc – of the Contract, and the remainder to the Owner.
-------------------------------------- ---------------------------------
ROBERTS PROPERTIES ROBERTS PROPERTIES
RESIDENTIAL, L.P. CONSTRUCTION, INC.
a Georgia limited partnership
By: Roberts Realty Investors, Inc ., its sole
General Partner
/s/ Charles R. Elliott /s/ Charles S. Roberts
------------------------------------------- ---------------------------------
Charles R. Elliott, Chief Financial Officer Charles S. Roberts, President
_____________
dt 322123
;
First Union
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
First Union National Bank, – thereof, at the legal
rate prevailing from time to time at the place where the Project is located.
The prevailing prime rate of First Union National Bank, plus 1%.
ARTICLE 10
FINAL PAYMENT
10.1 Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid _____________
dt 184140
|
Preview
Full Doc
 | 2000 |
Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price
Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price (22K)
Doc #143598: Click preview link for longer preview.
THE AMERICAN INSTITUTE OF ARCHITECTS
------------------------------------------------------------------ AIA DOCUMENT A117-1987
Abbreviated Form of Agreement Between Owner and Contractor
for
CONSTRUCTION PROJECTS OF LIMITED SCOPE where the basis of payment is the COST OF THE WORK PLUS A FEE with or without a Guaranteed Maximum Price
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America.
------------------------------------------------------------------------------- AGREEMENT
made as of the 15th day of August in the year of Nineteen Hundred and Ninety-Eight.
BETWEEN the Owner: Roberts Properties Residential, L.P. (Name and address) 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc. (Name and address) 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
The Project is: Abbotts Park Phase II (Name and location) 11715 Jones Bridge Road Alpharetta, Georgia 30005
The Architect is: The Preston Phillips Partnership, Inc. (Name and address) 9000 Central Park West Suite 100 Atlanta, Georgia 30328
The Owner and Contractor agree as set forth below.
-------------------------------------------------------------------------------- Copyright 1979, (C)1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Portions of this document are derived from AIA Documents A111, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee, copyright (C) 1987 and earlier years, and AIA Document A201, General Conditions of the Contract for Construction, copyright (C)1987 and earlier years. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution.
-------------------------------------------------------------------------------- {PAGE}
ARTICLE 1
THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
All site clearing, grading, utilities, paving, curb and gutters, landscaping, etc. associated with the construction of 287 total one, two, three and four bedroom units, one swimming pool, two tennis courts, a maintenance/car wash building and trash compactor. The property consists of approximately 29.44 acres of land located in the northwest quadrant of the intersection of Jones Bridge Road and Abbotts Bridge Road, Land lots 230, 231, 234 and 235 of the 1st District of the 1st Section of Fulton County, Georgia. Project is to be constructed in accordance with the approved Plans & Specifications to be prepared by The Preston Phillips Partnership, Inc.
Any adverse soil conditions that may be encountered are included in this Cost Plus Contract; any costs associated with those conditions shall be borne by the Owner.
ARTICLE 2
RELATIONSHIP OF THE PARTIES
2.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance with the requirements of the Contract Documents.
ARTICLE 3
DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, 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.
The Date of Commencement shall be the first day after both parties have signed the original Agreement or a later date agreed upon by both parties. Contractor must file a Notice of Commencement per Georgia Law. A recorded copy will be maintained in the Contractor's file and on the jobsite.
3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 14 months after the Date of Commencement, subject to adjustments of this Contract Time as provided in the Contract Documents.
143598
|
Preston Phillips
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Preston Phillips Partnership, – Georgia 30350
The Project is: Abbotts Park Phase II
(Name and location) 11715 Jones Bridge Road
Alpharetta, Georgia 30005
The Architect is: The Preston Phillips Partnership, Inc.
(Name and address) 9000 Central Park West
Suite 100
Atlanta, Georgia 30328
The Owner and Contractor agree as set forth below.
--------------------------------------------------------------------------------
_____________
Preston Phillips Partnership, – 1st Section of Fulton County, Georgia. Project is to be
constructed in accordance with the approved Plans & Specifications to be
prepared by The Preston Phillips Partnership, Inc.
Any adverse soil conditions that may be encountered are included in this Cost
Plus Contract; any costs associated with those conditions _____________
Preston Phillips Partnership, – o THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK
AVENUE, N. W., WASHINGTON, D.C. 20006
--------------------------------------------------------------------------------
{PAGE}
EXHIBIT "A" LIST OF DRAWINGS
----------------------------
The Preston Phillips Partnership, Inc.
Dated _________ Revised _____________
ARCHITECTURAL MECHANICAL
------------- ----------
Site Plan HVAC - Unit "B" & "C" Floor Plans
Structural Notes HVAC - Schedules, Details & Legend
Floor _____________
dt 90252
;
Roberts
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties Construction, – Eight.
BETWEEN the Owner: Roberts Properties Residential, L.P.
(Name and address) 8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
(Name and address) 8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
The Project is: Abbotts Park Phase II
(Name and location) _____________
dt 90246
;
RPR
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties Residential, – of
America.
-------------------------------------------------------------------------------
AGREEMENT
made as of the 15th day of August in the year of
Nineteen Hundred and Ninety-Eight.
BETWEEN the Owner: Roberts Properties Residential, L.P.
(Name and address) 8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
(Name and _____________
ROBERTS PROPERTIES
RESIDENTIAL, – one to the Owner's construction inspector for use in the
administration of the Contract, and the remainder to the Owner.
-------------------------------------- --------------------------------
ROBERTS PROPERTIES ROBERTS PROPERTIES
RESIDENTIAL, L.P. CONSTRUCTION, INC.
a Georgia limited partnership
By: Roberts Realty Investors, Inc., its sole
General Partner
/s/ Charles R. Elliott /s/ _____________
dt 90236
;
|
Roberts Realty
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Realty Investors, Inc – of the Contract, and the remainder to the Owner.
-------------------------------------- --------------------------------
ROBERTS PROPERTIES ROBERTS PROPERTIES
RESIDENTIAL, L.P. CONSTRUCTION, INC.
a Georgia limited partnership
By: Roberts Realty Investors, Inc ., its sole
General Partner
/s/ Charles R. Elliott /s/ Charles S. Roberts
------------------------------------------- --------------------------------
Charles R. Elliott, Chief Financial Officer Charles S. Roberts, President
_____________
dt 322127
;
First Union
As referenced in this Abbreviated Form of Agreement Between Owner and Contractor for Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
First Union National Bank, – thereof, at the legal
rate prevailing from time to time at the place where the Project is located.
The prevailing prime rate of First Union National Bank, plus 1%.
ARTICLE 10
FINAL PAYMENT
10.1 Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid _____________
dt 184202
|
Preview
Full Doc
 | 2000 |
Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price
Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price (22K)
Doc #143600: Click preview link for longer preview.
THE AMERICAN INSTITUTE OF ARCHITECTS
------------------------------------------------------------------ AIA DOCUMENT A117-1987
Abbreviated Form of Agreement Between
Owner and Contractor
for
CONSTRUCTION PROJECTS OF LIMITED SCOPE where the basis of payment is the COST OF THE WORK PLUS A FEE with or without a Guaranteed Maximum Price
1987 EDITION
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION.
This document includes abbreviated General Conditions and should not be used with other general conditions. It has been approved and endorsed by The Associated General Contractors of America.
-------------------------------------------------------------------------------- AGREEMENT
made as of the 15th day of August in the year of Nineteen Hundred and Ninety-Eight.
BETWEEN the Owner: Roberts Properties Residential, L.P. (Name and address) 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc. (Name and address) 8010 Roswell Road, Suite 120 Atlanta, Georgia 30350
The Project is: Ballantyne (Name and location) New US Highway 521 & Ballantyne Commons Parkway Charlotte, North Carolina 28277
The Architect is: The Preston Phillips Partnership, Inc. (Name and address) 9000 Central Park West Suite 100 Atlanta, Georgia 30328
The Owner and Contractor agree as set forth below.
Copyright 1979, (C)1987 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Portions of this document are derived from AIA Documents A111, Standard Form of Agreement Between Owner and Contractor where the basis of payment is the Cost of the Work Plus a Fee, copyright (C) 1987 and earlier years, and AIA Document A201, General Conditions of the Contract for Construction, copyright (C)1987 and earlier years. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution.
1 {PAGE}
ARTICLE 1
THE WORK OF THIS CONTRACT
1.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows:
All site clearing, grading, utilities, paving, curb and gutters, landscaping, etc. associated with the construction of 332 total one, two, three or four bedroom units, a swimming pool, maintenance/car wash building and trash compactor. The property consists of all that tract of land in Mecklenburg County, State of North Carolina described as follows: Being all of the 23.757 acre tract designated as Parcel E on the plat recorded in Map Book 29, Page 305 of the Mecklenburg County public Registry. Project is to be constructed in accordance with the approved Plans & Specifications to be prepared by The Preston Phillips Partnership, Inc.
Any adverse soil conditions that may be encountered are included in this Cost Plus Contract; any costs associated with those conditions shall be borne by the Owner.
ARTICLE 2
RELATIONSHIP OF THE PARTIES
2.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expeditious manner by furnishing and approving in a timely way information required by the Contractor and making payments to the Contractor in accordance with the requirements of the Contract Documents.
143600
|
Preston Phillips
As referenced in this Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Preston Phillips Partnership, – 30350
The Project is: Ballantyne
(Name and location) New US Highway 521 & Ballantyne Commons Parkway
Charlotte, North Carolina 28277
The Architect is: The Preston Phillips Partnership, Inc.
(Name and address) 9000 Central Park West
Suite 100
Atlanta, Georgia 30328
The Owner and Contractor agree as set forth below.
_____________
Preston Phillips Partnership, – of the Mecklenburg County public Registry. Project is to be constructed in
accordance with the approved Plans & Specifications to be prepared by The
Preston Phillips Partnership, Inc.
Any adverse soil conditions that may be encountered are included in this Cost
Plus Contract; any costs associated with those conditions _____________
Preston Phillips Partnership, – o THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK
AVENUE, N. W., WASHINGTON, D.C. 20006
--------------------------------------------------------------------------------
{PAGE}
EXHIBIT "A" LIST OF DRAWINGS
----------------------------
The Preston Phillips Partnership, Inc.
Dated Revised
---------
ARCHITECTURAL MECHANICAL
------------- ----------
Site Plan HVAC - Unit "B" & "C" Floor Plans
Structural Notes HVAC - Schedules, Details & Legend
Floor Plan Unite " _____________
dt 90253
;
Roberts
As referenced in this Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties Construction, – Eight.
BETWEEN the Owner: Roberts Properties Residential, L.P.
(Name and address) 8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
(Name and address) 8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
The Project is: Ballantyne
(Name and location) New US Highway _____________
dt 90247
;
RPR
As referenced in this Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Properties Residential, – of
America.
--------------------------------------------------------------------------------
AGREEMENT
made as of the 15th day of August in the year of
Nineteen Hundred and Ninety-Eight.
BETWEEN the Owner: Roberts Properties Residential, L.P.
(Name and address) 8010 Roswell Road, Suite 120
Atlanta, Georgia 30350
and the Contractor: Roberts Properties Construction, Inc.
(Name and _____________
ROBERTS PROPERTIES
RESIDENTIAL, – one to the Owner's construction inspector for use in the
administration of the Contract, and the remainder to the Owner.
--------------------------------------------- ---------------------------------
ROBERTS PROPERTIES ROBERTS PROPERTIES
RESIDENTIAL, L.P. CONSTRUCTION, INC.
a Georgia limited partnership
By: Roberts Realty Investors, Inc., its sole
General Partner
/s/ Charles R. Elliott /s/ _____________
dt 90237
;
|
Roberts Realty
As referenced in this Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
Roberts Realty Investors, Inc – of the Contract, and the remainder to the Owner.
--------------------------------------------- ---------------------------------
ROBERTS PROPERTIES ROBERTS PROPERTIES
RESIDENTIAL, L.P. CONSTRUCTION, INC.
a Georgia limited partnership
By: Roberts Realty Investors, Inc ., its sole
General Partner
/s/ Charles R. Elliott /s/ Charles S. Roberts
------------------------------------------- ---------------------------------
Charles R. Elliott, Chief Financial Officer Charles S. Roberts, President
_____________
dt 322128
;
First Union
As referenced in this Construction Projects of Limited Scope Where the Basis of Payment Is the Cost of the Work Plus a Fee with or Without a Guaranteed Maximum Price:
First Union National Bank, – thereof, at the legal
rate prevailing from time to time at the place where the Project is located.
The prevailing prime rate of First Union National Bank, plus 1%.
ARTICLE 10
FINAL PAYMENT
10.1 Final payment, constituting the entire unpaid balance of the Contract Sum,
shall be paid _____________
dt 184203
|