Erosion and Sedimentation Control Proposal

Exhibit 10.1

Dobrinski Brothers Inc.

R.R. #1 Box 482-B Falls, PA 18615

Erosion and Sedimentation Control Proposal

Submitted to:

Re:

Blue Ridge Real Estate Company

Erosion Control

P.O. Box 707

Golf Course @ Jack Frost Blakeslee, PA 18610-0707

 

Dobrinski Brothers, Inc. will provide for necessary equipment, supplies and personnel for the construction of all Erosion and Sedimentation Control plans and Land clearing from contract prepared by R.K.R Hess on Feb 10^th 2005.

A.

Mobilization/ Demobilization

B.

Assuring that the approved erosion and sediment control plan is properly and completely implemented according to R.K.R Hess's plans & approved by R.K.R Hess and signed off on by Golf Strategies, LLC.

C.

Implementing appropriate best management practices to eliminate the potential for accelerated erosion and sediment pollution from any discovered unforeseen circumstances.

D.

Constructing the grass and rock swales, sediment traps, and basins to the designed specifications by RKR Hess & approved by RKR Hess upon completion and billing invoicing signed off on by Golf Strategies, LLC.

E.

All disturbed areas are to clean of debris prior to turnover. Golf Strategies must sign off on before golf hole is turned over to the Barbaron Construction. (tree limbs removed, loose rock removed, branches etc.)

F.

Installing culverts, headwalls, and outlets to the designed specifications by RKR Hess and approval of Golf Strategies, LLC.

G.

Hauling excess unclassified material from basins to designated areas as agreed by R.K.R Hess and Golf Strategies.

H.

Responsibility to inspect all erosion and sedimentation control after each run-off event and or on a weekly basis.

I.

Keeping site areas and road areas clean and neat free from all debris
and garbage. Road ways must be kept clean.

Initialed:

 

/s/ KD

/s/ EDD

/s/ TW

Dobrinski

Blue Ridge

Golf Strategies

Pg. 1

 

 

Misc items to be followed:

1.

All surveying for construction layout shall be provided by Blue Ridge. Once hole has been staked out by Blue Ridge and stakes knocked out will have to be replaced by contractor

2.

Blue Ridge Real Estate Co. shall pay Dobrinski Brothers, Inc. time
And materials for the maintenance of all erosion and sedimentation
Controls until the hole has been turned over to Golf Strategies.
Dobrinski Brothers, Inc must provide to Golf Strategies and Hourly Rate sheet for both labor and equipment to maintain the sediment control area IF NEEDED prior to turning over to Golf Strategies. The rate sheet MUST be approved PRIOR to any work being completed.

3.

If Barbaron Inc. damages the E&S Controls during construction, Dobrinski Brothers will fix the damages and bill Barbaron Inc. accordingly. Hourly Rate sheet will apply to repair work. Repair work MUST be approved by Golf Strategies & Blue Ridge Real Estate prior to any work be completed.

4.

The price for the construction of the basins does not include a clay core for the berms, because it was not in the specifications from RKR Hess and Associates. If clay liner is needed it MUST be pre-approved by Golf Strategies.

5.

On-Site office is available and provided by Blue Ridge.

6.

Proposal is based on mobilization with work continuing without any interruptions from beginning to end.

7.

All insurance certificates shall list Blue Ridge Real Estate Company as additional insured.

8.

The Project Schedule shall be planned and approved by Golf Strategies & Blue Ridge to meet all aspects of the project such as quality of work, environmental, construction, and financial concerns. Dobrinski Brothers shall furnish equipment and labor, complete in accordance with the above specifications.

9.

Blue Ridge Real Estate Company shall retain ten-percent of the contract price until such time as the project has been approved in writing by Golf Strategies and Blue Ridge Company. Ten-percent shall be withheld from each progress payment during the term of this Agreement.

Initialed:

 

/s/ KD

/s/ EDD

/s/ TW

Dobrinski

Blue Ridge

Golf Strategies

 

The attached sheet shows the materials needed. ALL material MUST have prior approval from Golf Strategies BEFORE material are purchased.

 

The following information is to be followed for grass seeding.

 

Temporary Seeding:

Penndot Formulas E: Oats March 15^th thru June 1^St - Apply at a rate of 50 Ibs per acres
Annual Rye- 100 % June 1- Oct 15^th

 

Permanent Seeding:

Penndot Formula B: Perennial Ryegrass Mixture 20%
Kentucky Bluegrass Mixture 50%
Magic Chewing Fescue- 30%

Apply at a rate of 21 Ibs per 1000 Sq. feet (3 to 1 & steeper, including basin side slopes.)

 

Any modification of seeding must be in writing and will come directly from Golf Strategies

 

 

 

Complete Construction of Erosion and Sedimentation Controls

 

$1,220,114.30

Acceptance of Proposal: The above prices, specifications, and conditions are satisfactory and hereby accepted: Dobrinski Brothers is authorized to do the work as specified under the direction of Golf Strategies LLC.

 

Authorized Signature:

/s/ Kevin Dobrinski

Dobrinski Brothers

Kevin Dobrinski

Vice President

 

Date of Acceptance:

/s/ Eldon D. Dietterick

    4-13-05

Blue Ridge Real Estate, Co.

Eldon D. Dietterick

Executive VP & Treasurer

 

/s/ Tom Wheary

Golf Strategies, LLC

Tom Wheary

President

Pg. 3

 

AIA Document A101-1997

Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM

 

AGREEMENT made as of the Thirteenth day of April in the year of Two Thousand and Five

(In words, indicate day, month and year)

 

BETWEEN the Owner:

(Name, address and other information)

 

Blue Ridge Real Estate Company

P.O. Box 707

Route 940 and Mosey Wood Road

Blakeslee, PA 18610

 

and the Contractor:

(Name, address and other information)

 

Dobrinski Brothers

Incorporated

RR # 1 Box 482B

Falls, PA 18615

 

 

 

 

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified.

This document has been approved and endorsed by The Associated General Contractors of America.

 

 

The Project is: (Name

and location)

 

Jack Frost National Golf Club

Boulder Creek Resorts

Blakeslee, PA

 

 

The Architect is:

(Name, address and other information)

 

Golf Strategies, LLC

737 Main Street

Suite 201

Safety Harbor, FL 34695

 

 

The Owner and Contractor agree as follows.