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
t h 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.
ARTICLE 1 THE
CONTRACT DOCUMENTS
The Contract Documents
consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications,
Addenda issued prior to execution of this Agreement, other
documents listed in this Agreement and Modifications issued after
execution of this Agreement; these form the Contract, and are as
fully a part of the Contract as if attached to this Agreement or
repeated herein. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes prior
negotiations, representations or agreements, either written or
oral. An enumeration of the Contract Documents other than
Modifications, appears in Article 8.
ARTICLE 2 THE WORK
OF THIS CONTRACT
The Contractor shall
fully execute the Work described in the Contract Documents, except
to the extent specifically indicated in the Contract Documents to
be the responsibility of others.
ARTICLE 3 DATE OF
COMMENCEMENT AND SUBSTANTIAL COMPLETION
§ 3.1 The date of
commencement of the Work shall be the date of this Agreement unless
a different date is stated below or provision is made for the date
to be fixed in a notice to proceed issued by the Owner.
(Insert the date of
commencement if it differs from the date of this Agreement or, if
applicable, state that the date will be fixed in a notice to
proceed)
The date of
commencement will be March l, 2005 and fixed in a Notice To
Proceed.
If, prior to the
commencement of the Work, the Owner requires time to file
mortgages, mechanic's liens and other security interests, the
Owner's time requirement shall be as follows
§ 3.2 The
Contract Time shall b
