These articles of Agreement made & entered into, this the 20th December 1844, by & between Isaac J. Collier &
Kendall B.
Waitt of the County of Orange & State of North Carolina of the
one part and the Trustees of the University of
North Carolina of the other part Witness that the said
Isaac J. Collier & Kendall B. Waitt
shall make & execute improvements on & to the
East & West Buildings of the
University of North Carolina at Chapel Hill
and shall erect & build additions thereto of the forms &
dimensions & according to the plans & specifications as set
forth in the drawings & papers hereunto annexed; & the said
Isaac J. Collier & Kendall B. Waitt
shall at their own cost & charges find, provide, & deliver
all & every kind of new materials of the best quality &
description together with the goods & chattels cartage, scaffolding,
tackle, tools, templets, rules, mould, matters & things labour
& workman's help which may be necessary for the due proper &
complete execution of what is herein required and shall accordingly erect,
build, execute, perform, & finish to complete in a good sound
& workmanlike manner, the several buildings & works
agreeably & conformably in all & every respect to the
specification, drawings, dimensions, & explanations &
observations whereon herein referred to & all things incident
thereto, which may become necessary according to the true intent &
measuring thereof, although not specifically stated or described by, butwhich may be inferred from the aforesaid
drawings & specifications. In case of frost or inclemency of
weather, the said Contractors shall effectually cover, protect, &
secure the several works, as occasion may require and all damage occasioned
thereby, or by depredation, fire, or otherwise during the progress of the
work shall be borne and reinstated by & at the expense of the said
Contractors who are to deliver up the said buildings in the most perfect
order and condition, fit for use & occupation which is to be judged
of by the President of the Board of Trustees & the
President of the University or such person as
they may designate. And the said Contractors shall proceed with the said
Buildings & works with all reasonable & proper dispatch
consistent with the due & proper execution thereof so as to complete
the same by the first day of June 1846. And the said Contractors shall enter
into Bond in the Penal sum of Ten thousand Dollars with good &
sufficient sureties conditional for the full perfect & complete
performance of their contract herein entered into.
The Trustees of the University of North Carolina in
consideration of the above Covenant contract & agreement and the due
& faithful performance thereof engage to pay to the said Contractors
the sum of Nine thousand and three hundred & sixty Dollars
($9360) the same to be paid in six installments; the first in
advance & the others as the said works & buildings shall
progress & be completed; that is to say, the sum of One thousand,
sixhundred Dollars ($1600) in
advance; Seventeen hundred & sixty Dollars ($1760) when
the walls are raised to the first floor; Two thousand Dollars
($2000) on the completion of the walls; Two thousand Dollars
($2000) when the roofs & floors are finished; One
thousand Dollars on the completion of the Edifices & their delivery
to & acceptance by the President of the Board of
Trustees & the President of the University or the Agent they may appoint for the purpose; the
remaining sum of One thousand Dollars ($1000) within four months
after the whole work matters & things are completed &
adjusted, upon which payment the said Contractors shall give a receipt in
full of all demands.
In testimony of all which the said Isaac J. Collier &
Kendall B. Waitt have hereunto set their hands &
affixed their seals and the Trustees of the University of
North Carolina have affixed the common seal of the Corporation the
day & date first above written.
J. M.
Morehead
Pres. Ex. Off. U.N.C.
I. J.
Collier [scribal seal]
K B
Waitt [scribal seal]
Test as to Collier & Waitt
Manuel Fetter
Charles
Phillips
Know all men by these presents that We, Isaac J. Collier, Kendall B. Waitt, John W. Carr, Jesse Hargrave,
William
Barbee, Patterson H. McDade, William O. McCauley and Jones Watson are held and
firmly bound unto the Trustees of the University of
North Carolina in the sum of Ten Thousand Dollars to the which
payment well and truly to be made we bind ourselves, and our heirs firmly by
these presents, signed with our hands and sealed with our seals this 20th day of December 1844.
The condition of the above obligation is such that whereas the above bounden
Isaac J.
Collier and Kendall B. Waitt have this day entered into the within written
covenant contract and agreement with the Trustees of the University of North Carolina. Now if the said Isaac J. Collier and Kendall B. Waitt
shall fully, perfectly and completely perform the said covenant contract and
agreement in all its parts according to the true intent and meaning thereof,
then the above obligation to be void, otherwise to remain in full force and
virtue.
I. J.
Collier [scribal seal]
K B
Waitt [scribal seal]
J. W.
Carr [scribal seal]
Jesse
Hargrave [scribal seal]
Wm Barbee [scribal seal]
P. H.
McDade
[scribal seal]
Wm O McCauley [scribal seal]
Jones
Watson [scribal seal]
Test.
Manuel Fetter
Charles Phillips