EMPLOYMENT AGREEMENTEmployment Agreement • December 7th, 2004 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
This EMPLOYMENT AGREEMENT ("Agreement") is effective this day of , 2004, between Comstock Homebuilding Companies, Inc. (the "Employer") and Gregory V. Benson (the "Executive").
COMSTOCK HOMEBUILDING COMPANIES, INC. INDEMNIFICATION AGREEMENTIndemnification Agreement • December 7th, 2004 • Comstock Homebuilding Companies, Inc. • Operative builders • Delaware
This INDEMNIFICATION AGREEMENT (this "Agreement") is entered into as of , 200 , by and between Comstock Homebuilding Companies, Inc., a Delaware corporation (the "Company"), and ("Indemnitee"). Capitalized terms used and not otherwise defined in this Agreement have the meanings set forth in Section 10 hereof.
CONFIDENTIALITY AND NON-COMPETITION AGREEMENTConfidentiality and Non-Competition Agreement • December 7th, 2004 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
This Agreement is between Gregory V. Benson (hereafter "You") and Comstock Homebuilding Companies, Inc., its affiliates, successors, assigns, parents and subsidiaries (hereafter "the Company"), effective this day of , 2004. You are entering into this Agreement based on the provision of consideration to You from the Company, including the grant of equity in the Company to You in connection with the Company's initial public offering (the "IPO Grant"), Your employment and continued employment with the Company, and such other benefits that You acknowledge to be sufficient consideration for this Agreement.
AGREEMENT OF SUBLEASEConsent and Agreement • December 7th, 2004 • Comstock Homebuilding Companies, Inc. • Operative builders
THIS AGREEMENT OF SUBLEASE (this "Sublease") is made as of the 1st day of October, 2004 by and between COMSTOCK ASSET MANAGEMENT, L.C. ("Sublandlord"), and COMSTOCK HOMES, INC., a Virginia Limited Liability Company ("Subtenant").
CONFIDENTIALITY AND NON-COMPETITION AGREEMENTNon-Competition Agreement • December 7th, 2004 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
This Agreement is between Christopher Clemente (hereafter "You") and Comstock Homebuilding Companies, Inc., its affiliates, successors, assigns, parents and subsidiaries (hereafter "the Company"), effective this day of , 2004. You are entering into this Agreement based on the provision of consideration to You from the Company, including the grant of equity in the Company to You in connection with the Company's initial public offering (the "IPO Grant"), Your employment and continued employment with the Company, and such other benefits that You acknowledge to be sufficient consideration for this Agreement.
COMSTOCK HOMEBUILDING COMPANIES, INC. NON-QUALIFIED STOCK OPTION AGREEMENT FOR [insert name of optionee here] AgreementQualified Stock Option Agreement • December 7th, 2004 • Comstock Homebuilding Companies, Inc. • Operative builders • Delaware
PERPETUAL TRADEMARK LICENSEComstock Homebuilding Companies, Inc. • December 7th, 2004 • Operative builders
WHEREAS, Christopher Clemente, an individual resident of the Commonwealth of Virginia (hereinafter "Licensor"), is the owner of the Mark "COMSTOCK" (the "Mark") used in and associated with the offering of construction services, namely, planning, laying out and custom construction of residential and commercial real estate, which has been continuously used in this manner since at least as early as December 31, 1991 and owns a federal application for registration for the Mark for the aforesaid goods and services, U.S. Trademark Application Serial No. 78/416,396 which registration is presently pending at the U.S. Patent and Trademark Office; and
TAX INDEMNIFICATION AGREEMENTTax Indemnification Agreement • December 7th, 2004 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
TAX INDEMNIFICATION AGREEMENT, dated as of , 2004 (the "Agreement"), among Sunset Investment Corporation, a Virginia corporation (the "Company"), Comstock Homebuilding Companies, Inc., a Delaware corporation (the "Parent") and Christopher Clemente ("Stockholder").
COMSTOCK HOMEBUILDING COMPANIES, INC. 3,600,000 Shares of Class A Common Stock, $0.01 par value per shareComstock Homebuilding Companies • December 7th, 2004 • Comstock Homebuilding Companies, Inc. • Operative builders • New York
BB&T CAPITAL MARKETS, A Division of Scott & Stringfellow, Inc. ROBERT W. BAIRD & CO., and FERRIS, BAKER WATTS, INCORPORATED As Representatives of the Several Underwriters
PROMISSORY NOTEComstock Homebuilding Companies, Inc. • December 7th, 2004 • Operative builders • Virginia
COMSTOCK HOLDING COMPANY, INC., a Virginia corporation (the "Borrower"), for value received, hereby promises to pay to the order of KASPROWICZ FAMILY, LLC, (together with any subsequent holder of this Note, the "Lender") at 14800 Conference Center Drive, Suite 201, Chantilly, Virginia 20151 or at such other address as the Lender shall specify in writing to the Borrower, the principal sum of up to Five Million and no/100ths Dollars ($5,000,000.00), or so much thereof as may be advanced and remain outstanding from time to time, together with interest on any unpaid principal balance hereof at the rate hereinafter provided (the "Note"), it being agreed the Lender shall make an advance of Two Million Five Hundred Thousand Dollars ($2,500,000.00) as of the date hereof and Borrower shall have the option of receiving an additional Two Million Five Hundred Thousand Dollars ($2,500,000.00) advance of principal upon prior written notice made to Borrower within ninety (90) days from the date hereo
CONFIDENTIALITY AND NON-COMPETITION AGREEMENTConfidentiality and Non-Competition Agreement • December 7th, 2004 • Comstock Homebuilding Companies, Inc. • Operative builders • Virginia
This Agreement is between Bruce J. Labovitz (hereafter "You") and Comstock Homebuilding Companies, Inc., its affiliates, successors, assigns, parents and subsidiaries (hereafter "the Company"), effective this day of , 2004. You are entering into this Agreement based on consideration to You from the Company, including the grant of equity in the Company to You, Your employment and continued employment with the Company, and such other benefits that You acknowledge to be sufficient consideration for this Agreement.
PARTIAL ASSIGNMENT OF NOTEComstock Homebuilding Companies, Inc. • December 7th, 2004 • Operative builders
THIS PARTIAL ASSIGNMENT of NOTE ("Assignment") is made and entered into this day of , 2003, by and between Comstock Capital Partners, L.C., a Virginia limited liability company ("Assignor"), The Kasprowicz Family, LLC, a Virginia limited liability company ("Assignee"), and Comstock Potomac Yard, L.C., a Virginia limited liability company ("Comstock Potomac Yard").
