STATE OF SOUTH CAROLINA
MOUNT VINTAGE LINKS AT
MOUNT VINTAGE PLANTATION
AN 18 HOLE GOLF COURSE
COUNTY OF EDGEFIELD DESIGN CONTRACT
THIS AGREEMENT, made and entered into this 17th day of March, 1998, by
and between MV DEVELOPMENT COMPANY, LLC, hereinafter called Owners, and XXX
XXXXXXX, INC., Golf Course Architect, 000 Xxxxxx Xxxxx Xxxxx, Xxxxxxx, Xxxxx
Xxxxxxxx 00000, hereinafter called Consultant.
W I T N E S S E T H:
THAT WHEREAS, the Owner plans to develop a certain tract of land in
Edgefield County adjacent to SC Highway 34, known as Mount Vintage Plantation;
and
WHEREAS, the Owner wishes to construct a golf course of eighteen (18)
holes, hereinafter referred to as Mount Vintage Links at Mount Vintage
Plantation; and
WHEREAS, the Consultant is willing to furnish his services in
connection with the design and planning of said golf course and the Owner
desires to engage the services of the Consultant for that purpose.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, it is understood and agreed by and between the parties as
follows:
A. SCOPE OF SERVICES.
1. The Consultant will act as agent for the Owner and will
coordinate all surveying, permitting and engineering services
for the project.
2. The Consultant will prepare a Conceptual Master Plan for the
project to include, but not limited to, an eighteen (18) hole
golf course with related amenities, the residential streets,
and all development parcels.
3. The Consultant will prepare a plan for staking the golf course
centerlines.
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4. The Consultant will walk the surveyed centerlines of the golf
course with the Owner to check for accuracy, and/or, if
necessary, the Consultant will make any field changes that may
be appropriate to improve the design of the golf course.
5. Upon approval of the centerline locations, the Consultant will
flag the clearing limit for the golf course construction.
6. The Consultant will assist the Project Engineers with the
preparation of the plans for the required permits to grade the
golf course.
7. The Consultant will prepare Irrigation Plans and
Specifications for the golf course, and will generally inspect
the installation work.
8. The Consultant will prepare bidding documents and
specifications for the construction of the golf course.
9. The Consultant will generally manage the construction of the
golf course as follows:
a. To act as agent for the Owner in all matters dealing
with the design and construction of the golf course.
b. To assist the Owner in negotiating with the various
contractors who will be performing the construction
work.
c. To provide field sketches for the construction of the
tees, traps and greens, fairways and other site
features.
d. To provide on-site visits during the construction.
These visits are to be on a bi-weekly basis or as
needed by the Contractor.
10. The Consultant will provide post-planning consultation to
insure the course is grown-off in accordance with his design
concepts.
11. The Consultant will provide pre-opening consultation to xxxx
traps and mow lines for tees, fairways and greens.
B. PLANNING, ENGINEERING AND SURVEYING.
1. As agent for the Owner, the Consultant will prepare a Request
for Proposals to including Planning, Engineering and Surveying
Services needed for permitting, design and construction of the
golf course and residential development.
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2. As agent, the Consultant will obtain quotes from three or more
qualified firms for these services and will submit a summary
of the quotes and an award recommendation to the Owner for
approval.
3. As agent, the Consultant will prepare a contract for these
services and will submit executed copies of said documents to
the Owner for acceptance.
4. Payments for Planning, Engineering and Surveying Services are
not included in the fees of the Consultant's Design Contract.
The Consultant will approve and submit monthly invoices to the
Owner for these services, who will make direct payment to the
firm providing the services.
C. COMPENSATION.
The Owner shall pay the Consultant One Hundred Ninety Thousand Dollars
($190,000.00) as compensation for the services to be performed as set forth
above. This compensation shall include all the expenses incurred by the
Consultant pursuant to the performances of his services.
D. PAYMENTS.
The Owner shall make payments for the Consultant's services at the time
and at the rates herein set froth. The Consultant will furnish monthly reports
to the Owner showing the percentage of work completed for items 1-4 below.
1. Upon acceptance of the centerlines and the completion of the
flagging for the fairway clearing, one payment of $15,000.00.
Completion of this phase is scheduled for March 15, 1998.
2. Upon completion of the schematic layout of the golf course
drainage, one payment of $5,000.00. Completion of this phase
is scheduled for April 1, 1998.
3. Upon completion of the drainage plan for the entire site by
the Owner's Engineers, one payment of $15,000.00. Completion
of this phase is scheduled for May 1, 1998.
4. Upon completion of the Irrigation Plans and Specifications,
one payment of $10,000.00. Completion of this phase is
scheduled for May 1, 1998.
5. The balance of $145,000.00 will be payable in ten (10) monthly
installments of $14,500.00 beginning on the date that
construction commences. The final monthly installment of the
unpaid balance, whichever is greater, will be due upon
completion of the grassing.
E. DEFAULT.
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1. If, for whatever reason, it becomes necessary to stop all work
on the project, the Owner shall notify the Consultant of such
action in writing. The Owner shall pay the Consultant for
services completed through the date of default, and the
Consultant's services will be suspended. The amount due the
Consultant will be based on the monthly reports submitted to
the Owner by the Consultant.
2. It is understood, however, that a temporary delay in work does
not necessarily mean that the Consultant's services are
terminated permanently. The Owner will honor the remaining
financial terms of this agreement if the Owner resumes
construction on the golf course.
F. ADVERTISING, MARKETING AND MEMBERSHIP.
The Owner hereby agrees to use the name of Xxx Xxxxxxx, Inc., Golf
Course Architect, and Consultant agrees to allow his name to be used in
advertising and marketing materials that relate to the design of this facility.
Nothing herein shall limit Owner's ability to have other affiliations which may
also be used in advertising and marketing this facility.
IN TESTIMONY WHEREOF, the parties hereto have executed this AGREEMENT under the
seal the day and year first above written.
ATTEST:
WITNESS: _________________________ FOR: XXX XXXXXXX, INC.
/s/ Xxxxxx X. Xxxxxxx, Xx.
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Xxxxxx X. Xxxxxxx, Xx.
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President
WITNESS: /s/ Xxxx X. Xxxxxx FOR: MV DEVELOPMENT COMPANY, LLC
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/s/ Xxxxxx Rainsford
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Name
MEMBER
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Title
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