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Biltmore Group, LLC

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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
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