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$39	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 (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 Preston Phillips Partnership, Inc. 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 Roberts Properties Construction, Inc. ( Miscellany ) 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 Roberts Properties Residential, LP ( Real Estate ) 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 Roberts Realty Investors, Inc. ( Real Estate Investment Trusts ) 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 First Union National Bank ( Financial ) 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
$33	Preview Full Doc	1999	Standard Form of Agreement Between Owner and Design/Builder Standard Form of Agreement Between Owner and Design/Builder (56K) Doc #121154: Click preview link for longer preview. AIA Document A191 Standard Form of Agreement Between Owner and Design/Builder 1985 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This Document comprises two separate Agreements: Part 1 Agreement-Preliminary Design and Budgeting and Part 2 Agreement-Final Design and Construction. Hereinafter, the Part 1 Agreement is referred to as Part 1 and the Part 2 Agreement is referred to as Part 2. PART 2 AGREEMENT-FINAL DESIGN AND CONSTRUCTION AGREEMENT made as of the TWENTY FIFTH day of AUGUST in the year of Nineteen Hundred and NINETY-EIGHT BETWEEN the Owner: THE BILTMORE GROUP, L.L.C. (Name and address) 507 TRENTON STREET WEST MONROE, LA 71291 and the Design/Builder: (Name and address) THE FORSYTHE GROUP, INC. SCENICLAND CONSTRUCTION, CO. 507 TRENTON STREET 131 SUNSET DR. WEST MONROE, LA 71291 WEST MONROE, LA 71291 For the following Project: (Include Project name, location and detailed description of scope.) THE ARBOR RETIREMENT- 619 GERMANTOWN ROAD, MINDEN, LA. DESIGN AND COMPLETE CONSTRUCTION ACCORDING TO PLANS AND SPECIFICATIONS DESIGNED BY THE FORSYTHE GROUP, INC.; WITH ASSISTANCE OF ENGINEER FIRM; TAYLOR-WALLACE:CIVIC ENGINEER The architectural services described in Article 2 will be provided by the following person or entity who is lawfully licensed to practice architecture: (Name and address) Taylor-Wallace Designs, Inc. Downsville, LA 71234 The Owner and the Design/Builder agree as set forth below. Copyright (c) 1985 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. 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. AIA DOCUMENT A191, PART 2 OWNER-DESIGN/BUILDER AGREEMENT FIRST EDITION AIA (C)1985 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A191-1985 PART 2-PAGE 1 {PAGE} Terms and Conditions-Part 2 Agreement ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 The Contract Documents consist of the Design/ Builder's Proposal identified in Article 14, this Part 2, the Construction Documents approved by the Owner in accordance with Subparagraph 2.2.2 below and Modifications issued after execution of Part 2. A Modification is a Change Order or a written amendment to Part 2 signed by both parties. These form the Contract, and are as fully a part of the Contract as if attached to this Part 2 or repeated herein. 1.1.2 The Project is the total design and construction for which the Design/Builder is responsible under Part 2, including all professional design services and all labor, materials and equipment used or incorporated in such design and construction. 1.1.3 The Work comprises the completed construction designed under the Project and includes labor necessary to produce such construction, and materials and equipment incorporated or to be incorporated in such construction. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 This Part 2 shall be signed in not less than duplicate by the Owner and Design/Builder. 1.2.2 lt is the intent of the Owner and Design/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent with and is reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 121154	Biltmore Group Biltmore Group, LLC ( Real Estate ) As referenced in this Standard Form of Agreement Between Owner and Design/Builder: BILTMORE GROUP, – AGREEMENT made as of the TWENTY FIFTH day of AUGUST in the year of Nineteen Hundred and NINETY-EIGHT BETWEEN the Owner: THE BILTMORE GROUP, L.L.C. (Name and address) 507 TRENTON STREET WEST MONROE, LA 71291 and the Design/Builder: (Name and address) THE FORSYTHE _____________ BILTMORE GROUP, – HUNDRED TWENTY FIVE THOUSAND AND NO/100 (425,000.00) DOLLARS, WHICH HAS BEEN PAID BY THE ISSUANCE OF LIMITED INTEREST IN THE BILTMORE GROUP, L.L.C. 13.2 REIMBURSABLE EXPENSES 13.2.1 Reimbursable Expenses are in addition to the compensation for Basic and Additional _____________ BILTMORE GROUP – NOT TO EXCEED $3000.00. This Part 2 entered into as of the day and year first written above. OWNER DESIGN/BUILDER THE BILTMORE GROUP L.L.C. THE FORSYTHE GROUP, INC. - ----------------------------- --------------------------------- BY:/S/JOANNE CALDWELL BAYLES BY /S/SONYA KILE, V.P. - ----------------------------- --------------------------------- MANAGING MEMBER SCENICLAND CONSTRUCTION, CO. - ----------------------------- --------------------------------- _____________ dt 90119 ; Forsythe Group Forsythe Group, Inc. ( Miscellany ) As referenced in this Standard Form of Agreement Between Owner and Design/Builder: FORSYTHE GROUP, – BILTMORE GROUP, L.L.C. (Name and address) 507 TRENTON STREET WEST MONROE, LA 71291 and the Design/Builder: (Name and address) THE FORSYTHE GROUP, INC. SCENICLAND CONSTRUCTION, CO. 507 TRENTON STREET 131 SUNSET DR. WEST MONROE, LA 71291 WEST MONROE, LA 71291 For the following Project: ( _____________ FORSYTHE GROUP, – description of scope.) THE ARBOR RETIREMENT- 619 GERMANTOWN ROAD, MINDEN, LA. DESIGN AND COMPLETE CONSTRUCTION ACCORDING TO PLANS AND SPECIFICATIONS DESIGNED BY THE FORSYTHE GROUP, INC.; WITH ASSISTANCE OF ENGINEER FIRM; TAYLOR-WALLACE:CIVIC ENGINEER The architectural services described in Article 2 will be provided by the _____________ FORSYTHE GROUP, – Part 2 entered into as of the day and year first written above. OWNER DESIGN/BUILDER THE BILTMORE GROUP L.L.C. THE FORSYTHE GROUP, INC. - ----------------------------- --------------------------------- BY:/S/JOANNE CALDWELL BAYLES BY /S/SONYA KILE, V.P. - ----------------------------- --------------------------------- MANAGING MEMBER SCENICLAND CONSTRUCTION, CO. - ----------------------------- --------------------------------- BY BY /S/FRED M _____________ dt 90122 ;	ScenicLand ScenicLand Construction Co. ( Miscellany ) As referenced in this Standard Form of Agreement Between Owner and Design/Builder: SCENICLAND CONSTRUCTION, – L.C. (Name and address) 507 TRENTON STREET WEST MONROE, LA 71291 and the Design/Builder: (Name and address) THE FORSYTHE GROUP, INC. SCENICLAND CONSTRUCTION, CO. 507 TRENTON STREET 131 SUNSET DR. WEST MONROE, LA 71291 WEST MONROE, LA 71291 For the following Project: (Include Project name, _____________ SCENICLAND CONSTRUCTION, – THE BILTMORE GROUP L.L.C. THE FORSYTHE GROUP, INC. - ----------------------------- --------------------------------- BY:/S/JOANNE CALDWELL BAYLES BY /S/SONYA KILE, V.P. - ----------------------------- --------------------------------- MANAGING MEMBER SCENICLAND CONSTRUCTION, CO. - ----------------------------- --------------------------------- BY BY /S/FRED M BAYLES --------------------------- ------------------------------- APPLICATION FOR PAYMENT, APPROVED BY KARL MIKE WALLACE, P.E. ARE DUE AND PAYABLE ON _____________ dt 90127 ; Taylor-Wallace Taylor-Wallace Designs, Inc. ( Miscellany ) As referenced in this Standard Form of Agreement Between Owner and Design/Builder: Taylor-Wallace Designs, –* described in Article 2 will be provided by the following person or entity who is lawfully licensed to practice architecture: (Name and address) Taylor-Wallace Designs, Inc. Downsville, LA 71234 The Owner and the Design/Builder agree as set forth below. Copyright (c) 1985 by The American Institute _____________ dt 90132
$39	Preview Full Doc	1999	Standard Form of Agreement Between Owner and Design/Builder Standard Form of Agreement Between Owner and Design/Builder (56K) Doc #121155: Click preview link for longer preview. AIA Document A191 Standard Form of Agreement Between Owner and Design/Builder 1985 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED. This Document comprises two separate Agreements: Part 1 Agreement-Preliminary Design and Budgeting and Part 2 Agreement-Final Design and Construction. Hereinafter, the Part 1 Agreement is referred to as Part 1 and the Part 2 Agreement is referred to as Part 2. PART 2 AGREEMENT-FINAL DESIGN AND CONSTRUCTION AGREEMENT made as of the ELEVENTH day Of NOVEMBER in the year of Nineteen Hundred and NINETY-EIGHT. BETWEEN the Owner: THE BILTMORE GROUP OF LOUISIANA, L.L.C. (Name and address) 507 TRENTON STREET WEST MONROE, LA 71291 and the Design/Builder: (Name and address) THE FORSYTHE GROUP, INC. SCENICLAND CONSTRUCTION, CO. 507 TRENTON STREET 131 SUNSET DR WEST MONROE, LA 71291 WEST MONROE, LA 71291 For the following Project (Include Project name, location and detailed description of scope.) THE ARBOR RETIREMENT COMMUNITY IN BASTROP, LA (EXHIBIT A) DESIGN AND COMPLETE CONSTRUCTION ACCORDING TO PLANS AND SPECIFICATIONS DESIGNED BY THE FORSYTHE GROUP, INC.; WITH ASSISTANCE OF ENGINEER FIRM: TAYLOR-WALLACE:CIVIC ENGINEER The architectural services described in Article 2 will be provided by the following person or entity who is lawfully licensed to practice architecture: (Name and address) Taylor-Wallace Designs, Inc. Downsville, LA 71234 The Owner and the Design/Builder agree as set forth below. Copyright (c) 1985 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. 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. AIA DOCUMENT A191, PART 2 OWNER-DESIGN/BUILDER AGREEMENT FIRST EDITION AIA (C)1985 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A191-1985 PART 2-PAGE 1 {PAGE} Terms and Conditions-Part 2 Agreement ARTICLE I GENERAL PROVISIONS 1.1 BASIC DEFINITIONS 1.1.1 The Contract Documents consist of the Design/ Builder's Proposal identified in Article 14, this Part 2, the Construction Documents approved by the Owner in accordance with Subparagraph 2.2.2 below and Modifications issued after execution of Part 2. A Modification is a Change Order or a written amendment to Part 2 signed by both parties. These form the Contract, and are as fully a part of the Contract as if attached to this Part 2 or repeated herein. 1.1.2 The Project is the total design and construction for which the Design/Builder is responsible under Part 2, including all professional design services and all labor, materials and equipment used or incorporated in such design and construction. 1.1.3 The Work comprises the completed construction designed under the Project and includes labor necessary to produce such construction, and materials and equipment incorporated or to be incorporated in such construction. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 This Part 2 shall be signed in not less than duplicate by the Owner and Design/Builder. 1.2.2 lt is the intent of the Owner and Design/Builder that the Contract Documents include all items necessary for proper execution and completion of the Work. The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent with and is reasonably inferable from the Contract Documents as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 121155	Biltmore Group Biltmore Group, LLC ( Real Estate ) As referenced in this Standard Form of Agreement Between Owner and Design/Builder: BILTMORE GROUP – CONSTRUCTION AGREEMENT made as of the ELEVENTH day Of NOVEMBER in the year of Nineteen Hundred and NINETY-EIGHT. BETWEEN the Owner: THE BILTMORE GROUP OF LOUISIANA, L.L.C. (Name and address) 507 TRENTON STREET WEST MONROE, LA 71291 and the Design/Builder: (Name and address) THE _____________ BILTMORE GROUP, – HUNDRED TWENTY FIVE THOUSAND AND NO/100 (425,000.00) DOLLARS, WHICH HAS BEEN PAID BY THE ISSUANCE OF LIMITED INTEREST IN THE BILTMORE GROUP, OF LOUISIANA L.L.C. 13.2 REIMBURSABLE EXPENSES 13.2.1 Reimbursable Expenses are in addition to the compensation for Basic _____________ BILTMORE GROUP – define the scope of Work.) This Part 2 entered into as of the day and year first written above. OWNER DESIGN/BUILDER THE BILTMORE GROUP OF LOUISIANA L.L.C. THE FORSYTHE GROUP, INC. - ------------------------------------- -------------------------------- /S/SONYA KILE, V.P. - ------------------------------------- -------------------------------- SCENICLAND CONSTRUCTION, CO. - ------------------------------------- -------------------------------- BY /S/SUNSHINE GANTT BY /S/ _____________ dt 90120 ; Forsythe Group Forsythe Group, Inc. ( Miscellany ) As referenced in this Standard Form of Agreement Between Owner and Design/Builder: FORSYTHE GROUP, – OF LOUISIANA, L.L.C. (Name and address) 507 TRENTON STREET WEST MONROE, LA 71291 and the Design/Builder: (Name and address) THE FORSYTHE GROUP, INC. SCENICLAND CONSTRUCTION, CO. 507 TRENTON STREET 131 SUNSET DR WEST MONROE, LA 71291 WEST MONROE, LA 71291 For the following Project ( _____________ FORSYTHE GROUP, – of scope.) THE ARBOR RETIREMENT COMMUNITY IN BASTROP, LA (EXHIBIT A) DESIGN AND COMPLETE CONSTRUCTION ACCORDING TO PLANS AND SPECIFICATIONS DESIGNED BY THE FORSYTHE GROUP, INC.; WITH ASSISTANCE OF ENGINEER FIRM: TAYLOR-WALLACE:CIVIC ENGINEER The architectural services described in Article 2 will be provided by the _____________ FORSYTHE GROUP, – entered into as of the day and year first written above. OWNER DESIGN/BUILDER THE BILTMORE GROUP OF LOUISIANA L.L.C. THE FORSYTHE GROUP, INC. - ------------------------------------- -------------------------------- /S/SONYA KILE, V.P. - ------------------------------------- -------------------------------- SCENICLAND CONSTRUCTION, CO. - ------------------------------------- -------------------------------- BY /S/SUNSHINE GANTT BY /S/FRED M BAYLES ----------------------------- ----------------------------- *APPLICATION FOR PAYMENT, APPROVED _____________ dt 90123 ;	ScenicLand ScenicLand Construction Co. ( Miscellany ) As referenced in this Standard Form of Agreement Between Owner and Design/Builder: SCENICLAND CONSTRUCTION, – L.C. (Name and address) 507 TRENTON STREET WEST MONROE, LA 71291 and the Design/Builder: (Name and address) THE FORSYTHE GROUP, INC. SCENICLAND CONSTRUCTION, CO. 507 TRENTON STREET 131 SUNSET DR WEST MONROE, LA 71291 WEST MONROE, LA 71291 For the following Project (Include Project name, _____________ SCENICLAND CONSTRUCTION, – first written above. OWNER DESIGN/BUILDER THE BILTMORE GROUP OF LOUISIANA L.L.C. THE FORSYTHE GROUP, INC. - ------------------------------------- -------------------------------- /S/SONYA KILE, V.P. - ------------------------------------- -------------------------------- SCENICLAND CONSTRUCTION, CO. - ------------------------------------- -------------------------------- BY /S/SUNSHINE GANTT BY /S/FRED M BAYLES ----------------------------- ----------------------------- APPLICATION FOR PAYMENT, APPROVED BY KARL MIKE WALLACE, P.E. ARE DUE _____________ dt 90128 ; Taylor-Wallace Taylor-Wallace Designs, Inc. ( Miscellany ) As referenced in this Standard Form of Agreement Between Owner and Design/Builder: Taylor-Wallace Designs, –* described in Article 2 will be provided by the following person or entity who is lawfully licensed to practice architecture: (Name and address) Taylor-Wallace Designs, Inc. Downsville, LA 71234 The Owner and the Design/Builder agree as set forth below. Copyright (c) 1985 by The American Institute _____________ dt 90133
$33	Preview Full Doc	2003	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 Roberts Properties Construction, Inc. ( Miscellany ) 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 Roberts Properties Residential, LP ( Real Estate ) 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 Roberts Realty Investors, Inc. ( Real Estate Investment Trusts ) 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 Wachovia Bank, NA ( Financial ) 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.
$42	Preview Full Doc	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 (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 Roberts Properties Construction, Inc. ( Miscellany ) 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. Roberts Properties, Inc. ( Real Estate ) 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 First Union National Bank ( Financial ) 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.
$38	Preview Full Doc	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 Roberts Properties Construction, Inc. ( Miscellany ) 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 Roberts Properties Residential, LP ( Real Estate ) 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 Roberts Realty Investors, Inc. ( Real Estate Investment Trusts ) 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 First Union National Bank ( Financial ) 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
$34	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 Preston Phillips Partnership, Inc. 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 Roberts Properties Construction, Inc. ( Miscellany ) 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 Roberts Properties Residential, LP ( Real Estate ) 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 Roberts Realty Investors, Inc. ( Real Estate Investment Trusts ) 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 First Union National Bank ( Financial ) 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
$44	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.