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HomeMy WebLinkAbout04-142 Resolution No. 04-142 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH TOLL II, L.P. FOR THE BOWES CREEK DEVELOPMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to Y the Cityof Elgin with Toll II, L.P. for A reement on behalf theof g execute a Development g ' his a copyof which development of a gol f course and clubhou se on the Bowes Creek property, attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 26, 2004 Adopted: May 26, 2004 Vote: Yeas: 4 Nays: 2 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT made and entered into this 26thday of Ma.y 2004 ("Agreement") by and between THE CITY OF ELGIN, ILLINOIS, an Illinois municipal corporation of the Counties of Cook and Kane in the State of Illinois (hereinafter referred to as "City") and TOLL II, L.P., an Illinois Limited Partnership (hereinafter referred to as "Developer"); WITNESSETH: WHEREAS, Developer has under contract the real property described in Exhibit A, which is attached hereto and made a part hereof (which real property, for convenience, is hereinafter referred to as the "Subject Property"); and WHEREAS, the Subject Property is located within the corporate limits of the City of Elgin; and WHEREAS, First Midwest Bank, as Trustee under Trust Agreement dated November 24, 2003 and known as Trust No. 8024 and Bowes Creek Partners I, L.L.C., an Illinois limited liability company are the owners of the real property ("Owner") described in Exhibit A. Owner has entered into a contract with Developer for the sale of the Subject Property;and WHEREAS, the Subject Property is the subject of a certain Annexation Agreement entered into on the 28th day of February, 2001, by and between the City of Elgin and predecessors in interest to the Owner; and WHEREAS, the Subject Property is subject to a First Amendment to Annexation Agreement made and entered into the 25th day of June, 2003, by and between the City of Elgin and predecessors in interest to the Owner (collectively, the Annexation Agreement and First Amendment to Annexation Agreement are referred to as"Annexation Agreements");and WHEREAS, the Contract between Developer and Owner requires that the Developer obtain from the City a general consent to its development plan, the terms and conditions which are set forth below and which includes the construction of an 18 hole public golf course and associated clubhouse ("Golf Course") to be built by Developer; conveyance of the Golf Course to the City upon the completion of the construction thereof;the City's waiver of certain fees and charges equal to fifty percent (50%) of the cost of construction of the Golf Course, which waiver is estimated to cost Seven Million Two Hundred Fifty Thousand and 00/100 Dollars ($7,250,000.00) but in no event shall the share exceed Eight Million and 00/100 Dollars ($8,000,000.00). The City and Developer agree that the cost for the approved plan for the entire golf course development and the clubhouse facility as proposed by the Developer, shall not exceed Sixteen Million and 00/100 ($16,000,000.00) Dollars. The approval, after the necessary notice and public hearing shall be of an amended development plan, amended planned development, certain map amendments, site plan approval; and the approval of a second amendment to annexation agreement to approve a residential development consisting of 931 dwelling units, consisting of 237 single family active adult units, 109 multi family active adult units, 168 townhomes and 417 single family lots consistent with the site data included on the site plan attached as Exhibit D ("Development"), which incorporates the terms described above, as well as other agreements mutually agreeable to the City and the Developer; and WHEREAS, the Corporate Authorities of the City, after due and careful consideration,have concluded that the terms and conditions of this Agreement hereinafter set forth are in the best interests of the City;and WHEREAS, this Agreement is made pursuant to and in accordance with the provisions of the Illinois Municipal Code (Chapter 65 of the Illinois Compiled Statutes) and pursuant to the home rule powers of the City. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained,it is hereby agreed as follows: 1. INCORPORATION OF RECITALS. The foregoing recitals are material to this Agreement and are incorporated into this Agreement as if fully stated herein. 2. AUTHORITY. This Agreement is made pursuant to and in accordance with the provisions of the Illinois Municipal Code set forth above and in the exercise of the home rule power of the City. 3. CONSTRUCTION OF GOLF COURSE AND CLUBHOUSE AND CONVEYANCE TO CITY. (a) Subject to the City's approval after notice of public hearing and compliance with the applicable State and City requirements for amending a planned development, granting certain map amendments, approving the site plan and amending an annexation agreement, Developer shall construct an 18-hole golf course pursuant to the specifications attached hereto as Exhibit B-1. Developer also agrees to construct a Clubhouse of approximately 10,000 square feet of finished space with a basement, which shall be used for golf cart storage. The approximate 10,000 square foot finished clubhouse space shall be built at a cost not to exceed $300 per square foot. The exterior architecture of the Clubhouse shall be mutually agreed upon by the Developer and the City and incorporated into a proposed second amendment to annexation agreement to be presented to the City Council after the necessary public notice and hearing process is satisfied. Preliminary plans for the Golf Course will be reviewed and approved by the City pursuant to the review and approval by the City during the public hearing and entitlement process in connection with the amendment to the planned development, the map amendments and 2 the special use process. Preliminary plans shall be incorporated into a second amendment to annexation agreement to be presented for approval to the City Council after the necessary public notice and hearing process is satisfied. The preliminary plans for the Golf Course shall be subject to the mutual agreement of the Developer and the City. (b) The estimated total cost of the Golf Course and clubhouse facility is Fourteen Million Five Hundred Thousand and 00/100 Dollars ($14,500,000.00). The City and Developer agree that the approved plan shall not exceed Sixteen Million and 00/100 ($16,000,000.00)Dollars. (c) Developer shall commence construction of the Golf Course no later than one (1) year from the date of approval of the second amendment to the annexation agreement, or receipt of all permits as shown on Exhibit C, whichever date is later. Developer shall be responsible for obtaining all such permits and shall apply and obtain all such permits as soon as is reasonably practicable. (d) Developer shall complete the Golf Course (so that it is ready to play on) no later than three (3) years from the date of commencement of Golf Course construction (defined as the beginning of the mass grading of the golf course). (e) Developer shall commence construction of the clubhouse no later than two (2)years after the commencement of Golf Course construction. (f) Developer shall complete construction of the clubhouse no later than three (3)years after commencement of Golf Course construction. (g) Upon completion of the Golf Course and Clubhouse (pursuant to standards to be mutually agreed to in the second amendment to annexation agreement and in the Ordinance approving the amendment to the Planned Development) said improvements shall be conveyed to the City and the City shall accept full ownership and maintenance responsibility of the same. The Golf Course, Clubhouse and other improvements located thereon shall be conveyed by the Developer to the City by recordable warranty deed subject only to general real estate taxes for the year in which the conveyance occurs and public utility easements previously approved by the City related to the development of the Subject Property. Real estate taxes shall be prorated as of the date of the conveyance by the Developer to the City with the Developer being responsible for all real estate taxes for the property prior to the conveyance. (h) If the Golf Course is open for play before the clubhouse, the City shall accept the 18-hole golf course provided that it has been constructed consistent with the plans and specifications mutually agreed to between the City and Developer (pursuant to standards to be mutually agreed to in the second amendment to annexation agreement and in the Ordinance approving the amendment to the Planned Development). 3 4. CITY'S ACCEPTANCE OF GOLF COURSE AND CLUBHOUSE. Subject to the provisions in paragraph 3(h) on the sequence of acceptance, the City shall accept the Golf Course and clubhouse and accept ownership, maintenance and liability for the same upon the City Engineer certifying that the Golf Course, clubhouse, maintenance buildings, and surrounding amenities have been constructed as presented on the final approved Golf Course and Clubhouse Development Plan, as generally identified in Exhibit B-2. Opening the Golf Course for play and the Clubhouse for use shall constitute substantial completion, both subject to the Developer's continued obligation for 100%compliance with approved plans and specifications. 5. CREDITS TO DEVELOPER FOR FEES. (a) The Cityshall credit the Developer for fiftypercent (50%) of the costs of the P Golf Course and Clubhouse facility. Said credit shall be applied to all impact fees, connection fees and if necessary building permit fees charged by the City for the Development (collectively "Fee Credits") until such Fees account for fifty percent (50%) of Developer's expenses for the Golf Course not to exceed Eight Million and 00/100 ($8,000,000.00) Dollars. Developer shall be entitled to such credits immediately upon commencement of construction of the Development. (b) Developer and the City shall agree on an estimated cost of the Golf Course and incorporate the same into the second amendment to the annexation agreement. That figure shall be the basis of computing the Fee Credits due to the Developer until the completion and acceptance of the Golf Course, at which time the City and the Developer shall adjust the Fee Credits up or down to compensate for the actual cost differential. The Fee Credits for the remaining dwelling units will be reprorated at the time of turnover and acceptance of the Golf Course at which time the City and Developer shall establish the final cost of the Golf Course. (c) The costs of the Golf Course shall include the actual construction costs of the Golf Course including, but not limited to grading, sodding, detention basins, landscaping, roads, parking lots, pads, utilities, maintenance facilities, costs of the buildings (including the cost of the clubhouse) the furnishings and other amenities, per Exhibit B-2. The cost of the Golf Course shall not be deemed to include any value or cost of the land it being agreed and understood that the Developer shall not receive any credit for any land value or cost. (d) The City shall give the Developer a Fee Credit at the time of each building permit. The Fee Credit shall be on a proportionate basis. For example, if Developer was entitled to $7,250,000.00 in credits and the development consisted of 931 units, Developer would be entitled to a Fee Credit of $7,787.33 on the impact, connection and, if necessary, building permit fees for each permit. 4 6. PREPAYMENT OF FEES TO COVER GOLF CLUB OPERATION CASH FLOW SHORTFALLS. Developer shall prepay to the City a portion of Developer's future fee payment obligations (impact fees, connection fees, and if necessary, building permit fees) in the event there is a shortfall (negative cash flow in operation) in the operating costs in the first 24 months of operation of the Golf Club. Developer's obligations herein shall not exceed $604,752.00 and are identified on page 37 of that certain report dated April 19, 2004 prepared by Economics Research Associates (ERA) entitled, Golf Course Market and Financial Assessment, Elgin, Illinois. The prepayments shall be made as the shortfall occurs. The City and the Developer shall agree upon a procedure to confirm the amount of the shortfall, the timing of the prepayments and the source of the prepayments in the Second Amendment to the Annexation Agreement. 7. AMENDMENT TO PLANNED DEVELOPMENT, ANNEXATION AGREEMENT AND OTHER ENTITLEMENTS. The City and Developer acknowledge that the site plan attached as Exhibit D to permit 931 dwelling units consisting of 237 single family active adult units, 109 multi family active adult units, 168 townhomes and 417 single family lots, pursuant to the site data included on the site plan requires public notice and public hearings to amend the planned development on mutually agreeable terms, to approve certain map amendments to certain zoning classifications on the Subject Property and to amend the annexation agreement on mutually agreeable terms. (The aforementioned lot totals may be adjusted due to engineering and site conditions, but the total will not exceed 974 dwelling units). Developer's and the, City's undertakings are expressly conditioned on the City's approval of the necessary amendments described above. The City and Developer acknowledge that this Agreement does not constitute pre-judgment or an approval of any such amendments described above or approval of the site plan attached hereto as Exhibit D and that approval of all of the same are subject to public notice, the City's consideration of public comment and the exercise of the City's discretion. Notwithstanding anything to the contrary in this Agreement, this Agreement and each of the parties obligations herein are expressly subject to and contingent upon the City, Developer and Owner entering into a second amendment to annexation agreement for the Subject Property providing for the amendments described above with terms and conditions agreeable to the City, Developer and Owner. In the event the parties do not enter into such an Amendment to Annexation Agreement for the Subject Property within six (6) months of the date of this Agreement, then the City or the Developer, upon written notice to the other party, may elect to terminate this Development Agreement and thereupon this Development Agreement shall be null and void and of no further force and effect, and the existing Annexation Agreement shall remain in full force and effect. However, the term of this Agreement may be extended as mutually agreed upon by both parties. 8. NO EFFECT ON ANNEXATION AMENDMENTS. Nothing herein shall be construed by any party or by the Owner as a change in the respective rights and obligations of the Owner or the City under the Annexation Agreements. 9. NO PERSONAL LIABILITY OF OWNER. Nothing herein shall be construed to impose any personal liability upon the Owner. The City and Developer acknowledge that this 5 Agreement constitutes an offer subject to conditions on the part of the Developer to the City in connection with the terms and conditions set forth above. 10. REMEDIES. Neither the City nor the Developer shall have any course of action against each other in connection with a breach of the terms of this Agreement. It is expressly acknowledged and agreed that neither party shall have the right to seek or recover a judgment for monetary damage against the other or their respective officers, directors, employees, agents or elected public officials and that neither party shall have the right to enforce or compel performance of this Agreement at law or in equity by suit, action, mandamus or any other proceeding including specific performance. 11. NOTICES. Notices or other writings which any party is required to or may serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid or by a nationally recognized overnight courier, prepaid, addressed as follows: If to the City or to the Corporate Authorities: City of Elgin 150 Dexter Court Elgin,Illinois 60120 Attention: City Clerk with a copy to: City of Elgin 150 Dexter Court Elgin,Illinois 60120 Attention: Corporate Counsel If to Developer: Toll Bros.,Inc. 1156 Shure Drive Arlington Heights,Illinois 60004 Attention: John Jakominich and Kal Rowen with a copy to: Schain,Burney, Ross&Citron, Ltd. 222 N. LaSalle Street,Suite 1910 Chicago,Illinois 60601 Attention: Thomas R.Burney 12. ANNUAL MEMBERSHIPS OR PASSES. The City and the Developer agree to discuss as part of the proposed Second Amendment to the Annexation Agreement provisions whereby the Developer will be permitted to purchase from the City a to be agreed to number of annual memberships or annual passes to the Golf Course at Bowes Creek at a to be agreed to price. 6 13. COOPERATION AND GOOD FAITH. The City and the Developer shall use their best effort to process as quickly as possible Developer's applications for amendments to the planned development, map amendments and the second amendment to the annexation agreement, to review plans and submittals in a timely fashion and to schedule meetings as expeditiously as possible subject to the requirements of state and local law. 14. COUNTERPARTS. This Agreement may be executed in any number of counterparts in duplicate originals, each of which shall be deemed an original, but all of which shall constitute one and the same instruments. 15. NOT A COVENANT RUNNING WITH THE LAND. This Agreement does not constitute a covenant running with the land. 16. SEVERABILITY. In the event any phrase, paragraph, article or portion of this Agreement is found to be invalid or illegal by any court of competent jurisdiction, such finding of invalidity as to that portion shall not affect the validity, legality or enforceability of the remaining portions of this Agreement. [THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES APPEAR ON THE NEXT PAGE] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. CITY: THE CITY OF ELGIN, ILLINOIS, an Illinois municipal corporation By: 22Lé4 Its: Mayor ATTEST: By: ti)k644--,-,-42_ fki24.4,u-, Its: CA, C..-12t.t.i. DEVELOPER: TOLL II,L.P. BY: TOLL II GP CORP. Its: General Part By: ,..."(j....j Its: trb/tollbros-elgin/Development-Agreement-cln-32004 F:\Legal Dept\Agreement\Development Agr-Toll Brothers-Bowes Creek.doc 8 1 2 EXHIBITS LIST 3 4 5 Exhibit A Legal Description 6 7 Exhibit B-1 Golf Course Specifications 8 9 Exhibit B-2 Anticipated Costs of Golf Course, Clubhouse, and Surrounding Amenities 10 11 Exhibit C Approvals and Permits 12 13 Exhibit D Site Plan 9 1 2 EXHIBITS LIST 3 4 5 Exhibit A Legal Description 6 7 Exhibit B-i Golf Course specifications 8 9 Exhibit B-2 Anticipated costs of Golf Course, Clubhouse, and Surrounding Amenities 10 11 Exhibit C Approvals and Permits 12 13 Exhibit D Site Plan 8 COMMUNITY: Page 3 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MARKING OF TREES, CLEARING, GRUBBING AND DISPOSAL 3. GRUBBING AND ROOT RAKING Grubbing shall consist of the excavation, removal and disposal of all stumps, roots, logs, rocks and boulders and all objectionable material within a designated area. Root Raking - All areas should be cleared of any vegetation growth and shall be thoroughly root raked prior to final disposal. The intent is to bring to the surface stumps, large roots, and other objectionable material which might, in the opinion of the GCA, hinder the proper development of fairway turf or cause settling and drainage pockets. Equipment to be used for root raking shall be a Fleco blade or approved equal mounted on suitable track machinery. Passes with the root rake across cleared areas shall be sufficient in number to assure the loosening and surfacing of all sizable debris. It is expected that this operation, properly performed, will require a minimum of two passes over any area. Depth of root raking shall be a minimum of ten to twelve (10-12) inches below surface grade. Size of debris expected to be removed by root raking shall be that normally collected by a standard Fleco toothed blade. All surfaced material shall be collected and piled for removal. No debris shall be left which is of such dimensions that it cannot be conveniently removed during subsequent normal fairway development operations by the use of a York rake. All stumps will be removed. All roots and all other objectionable debris shall be disposed of by the CONTRACTOR. All existing vegetation such as grasses, vines, weedy growth, etc., within a designated clearing and grubbing area shall be thoroughly incorporated into the soil by means of discing or rototilling. • CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: a PARCEL ONE: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON ROD AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 01 DEGREES 11 MINUTES 27 SECONDS EAST (BEARINGS ARE ASSUMED FOR DESCRIPTION PURPOSES ONLY) , ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 16.65 FEET TO THE SOUTHERLY LINE OF BOWES ROAD FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE OF SAID SECTION 25 SOUTH 01 DEGREES 11 MINUTES 27 SECONDS EAST, A DISTANCE OF 552.60 FEET TO THE NORTHERLY LINE OF THE ILLINOIS GULF AND CENTRAL RAILROAD PER DEED DATED DECEMBER 8, 1886 AND RECORDED AS DOCUMENT NUMBER 9508; THE FOLLOWING TWO COURSES ARE ALONG SAID NORTHERLY LINE; 1) THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A CHORD BEARING OF NORTH 73 DEGREES 23 MINUTES 21 SECONDS WEST AND A RADIUS OF 5831 .65 FEET, FOR AN ARC LENGTH OF 201 .82 FEET TO A POINT OF TANGENCY; THENCE NORTH 74 DEGREES 22 MINUTES 50 SECONDS WEST A DISTANCE OF 1503.54 FEET TO THE SOUTHERLY LINE OF SAID BOWES ROAD, THE FOLLOWING THREE COURSES ARE ALONG SAID SOUTHERLY LINE; 1) THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY HAVING A CHORD BEARING OF NORTH 88 DEGREES 33 MINUTES 14 SECONDS EAST AND A RADIUS OF 1735.02 FEET, FOR AN ARC LENGTH OF 127.15 FEET TO A POINT OF TANGENCY; 2) THENCE NORTH 86 DEGREES 27 MINUTES 16 SECONDS EAST, A DISTANCE OF 299.01 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A CHORD BEARING OF NORTH 86 DEGREES 45 MINUTES 22 SECONDS EAST AND A RADIUS OF 114559.00 FEET, FOR AN ARC LENGTH OF 1206.34 FEET TO THE POINT OF BEGINNING, ALL IN CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL TWO: THOSE PARTS OF THE SOUTH HALF OF SECTION 25, THE NORTH HALF OF SECTION 36 AND THE NORTHEAST QUARTER OF SECTION 35 ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON ROD AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 25; THENCE SOUTH 01 DEGREES 11 MINUTES 27 SECONDS EAST (BEARINGS ARE ASSUMED FOR DESCRIPTION PURPOSES ONLY) , ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF OF 770.34 FEET TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE ILLINOIS GULF AND CENTRAL RAILROAD PER DEED RECORDED DECEMBER 8, 1886 AS DOCUMENT NUMBER 9508 FOR A POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE SOUTH 01 DEGREES 11 MINUTES 27 SECONDS EAST, A DISTANCE OF 1869.01 FEET TO A FOUND IRON ROD AT THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 36; THENCE SOUTH 01 DEGREES 20 MINUTES 28 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 2656.69 FEET TO A FOUND IRON ROD AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 87 DEGREES 29 MINUTES 27 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF SAID SECTION 36, A DISTANCE OF 5335.16 FEET TO A FOUND IRON ROD AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 87 DEGREES 08 MINUTES 01 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35, A DISTANCE OF 1679.35 FEET TO A FOUND IRON ROD; THENCE NORTH 01 DEGREES 28 MINUTES 57 SECONDS WEST, A DISTANCE OF 877.10 FEET TO A FOUND IRON ROD; THENCE NORTH 85 DEGREES 31 MINUTES 37 SECONDS WEST, A DISTANCE OF 374.88 FEET TO THE CENTERLINE OF CORRON ROAD AS MONUMENTED AND OCCUPIED; THENCE NORTH 31 DEGREES 02 MINUTES 42 SECONDS EAST ALONG SAID CENTERLINE, A DISTANCE OF 638.39 FEET TO THE SOUTHWEST CORNER OF STURBRIDGE ACCORDING TO THE PLAT OF SUBDIVISION THEREOF RECORDED SEPTEMBER 16, 1978 AS x DOCUMENT NUMBER 1479286; THENCE SOUTH 84 DEGREES 41 MINUTES 52 SECONDS WEST ALONG THE SOUTH LINE OF SAID SUBDIVISION, 1747.45 FEET TO A FOUND CONCRETE MONUMENT AT THE SOUTHEAST CORNER OF SAID SUBDIVISION BEING ALSO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE NORTH 00 DEGREES 12 MINUTES 45 SECONDS WEST ALONG SAID WEST LINE, 1450.60 FEET TO A FOUND IRON ROD AT NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE NORTH 87 DEGREES 29 MINUTES 22 SECONDS EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1320.70 FEET TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 25; THENCE NORTH 01 DEGREES 48 MINUTES 47 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 2645.89 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 87 DEGREES 35 MINUTES 26 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 1308.82 FEET TO THE SOUTHERLY LINE OF A PARCEL CONVEYED TO THE COMMONWEALTH EDISON COMPANY PER DEED RECORDED MARCH 16, 1978 AS DOCUMENT NUMBER 1448597; THENCE ALONG THE BOUNDARY OF SAID PARCEL FOR THE FOLLOWING THREE COURSES; 1) THENCE SOUTH 72 DEGREES 58 MINUTES 36 SECONDS EAST, A DISTANCE OF 220.54 FEET; 2) THENCE SOUTH 74 DEGREES 22 MINUTES 50 SECONDS EAST, A DISTANCE OF 772.87 FEET; 3) THENCE NORTH 01 DEGREES 06 MINUTES 39 SECONDS WEST, A DISTANCE OF 108.60 FEET TO THE SOUTH LINE OF THE AFORESAID ILLINOIS GULF AND CENTRAL RAILROAD; THE FOLLOWING TWO COURSES ARE ALONG THE SOUTH LINE OF SAID RAILROAD; 1) THENCE SOUTH 74 DEGREES 22 MINUTES 50 SECONDS EAST, A DISTANCE OF 1550.94 FEET TO A TANGENT CURVE; 2) THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 5641 .65 FEET FOR AN ARC LENGTH OF 260.03 FEET TO THE POINT OF BEGINNING, ALL IN KANE COUNTY, ILLINOIS. (EXCEPT THE FOLLOWING: THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 36; AND THAT PART OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE SOUTH, ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 418.0 FEET; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 95 DEGREES 23 MINUTES 40 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 795.46 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 93 DEGREES 05 MINUTES 00 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 213.8 FEET; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 75 DEGREES 45 MINUTES 00 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 220.38 FEET; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 21 DEGREES 53 MINUTES 40 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 103.66 FEET; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 76 DEGREES 51 MINUTES 20 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 303.36 FEET; THENCE SOUTHWESTERLY, ALONG LINE THAT FORMS AN ANGLE OF 50 DEGREES 01 MINUTES 20 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 362.55 FEET TO THE CENTER LINE OF CORRON ROAD; THENCE SOUTHWESTERLY, ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE RIGHT, 350.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, 1746.76 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4 THAT IS 1450.58 FEET SOUTHERLY OF (MEASURED ALONG SAID EAST LINE) THE NORTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE SOUTH, ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 1207.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4, 1679.37 FEET; THENCE NORTHERLY, ALONG A LINE FORMING AN ANGLE OF 88 DEGREES 37 MINUTES 00 SECONDS (MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE) , 876.90 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 95 DEGREES 57 MINUTES 20 SECONDS (MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE) , 374.88 FEET TO THE CENTER LINE OF CORRON ROAD; THENCE NORTHEASTERLY, ALONG SAID CENTER LINE) IN THE CITY OF ELGIN KANE COUNTY, ILLINOIS X PARCEL THREE: THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 36; AND THAT PART OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE SOUTH, ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 418.0 FEET; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 95 DEGREES 23 MINUTES 40 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 795.46 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 93 DEGREES 05 MINUTES 00 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 213.8 FEET; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 75 DEGREES 45 MINUTES 00 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 220.38 FEET; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 21 DEGREES 53 MINUTES 40 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 103.66 FEET; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 76 DEGREES 51 MINUTES 20 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 303.36 FEET; THENCE SOUTHWESTERLY, ALONG LINE THAT FORMS AN ANGLE OF 50 DEGREES 01 MINUTES 20 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 362.55 FEET TO THE CENTER LINE OF CORRON ROAD; THENCE SOUTHWESTERLY, ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE RIGHT, 350.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, 1746.76 FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST 1/4 THAT IS 1450.58 FEET SOUTHERLY OF (MEASURED ALONG SAID EAST LINE) THE NORTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE SOUTH, ALONG THE EAST LINE OF SAID NORTHEAST 1/4, 1207.84 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST 1/4; THENCE WEST, ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4, 1679.37 FEET; THENCE NORTHERLY, ALONG A LINE FORMING AN ANGLE OF 88 DEGREES 37 MINUTES 00 SECONDS (MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE) , 876.90 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 95 DEGREES 57 MINUTES 20 SECONDS (MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE) , 374.88 FEET TO THE CENTER LINE OF CORRON ROAD; THENCE NORTHEASTERLY, ALONG SAID CENTER LINE, TO THE POINT OF BEGINNING IN CITY OF ELGIN KANE COUNTY, ILLINOIS. COMMUNITY: Page 1 of 4 SECTION: CONTRACT DATE: b)LN \ E ►i 8 - 1 SPECIFICATIONS FOR SURVEYING & STAKING GENERAL The OWNER shall stake one time the following items as they relate to the golf course: boundary of the property, wetlands, the boundary of the golf course, the back tee, angle turn and green of each golf hole, rough and final grade at 100'± intervals along the golf course frontage to be developed, sewers and pipe culverts and the ponds on 50'± intervals. The OWNER shall also set benchmarks at various locations around the project. The CONTRACTOR assumes full responsibility for dimensions and elevations from such stakes. He shall exercise proper care in the preservation of stakes set for his use or for use by the OWNER or GCA and if he displaces, loses or removes them during his operation, they may be reset at his expense. It shall be the responsibility of the OWNER to employ the services of a professional land surveyor and/or engineer for the purposes of establishing the above and any other required engineering and surveying data in order for the golf course construction to proceed in accordance with the golf course construction schedule. The surveyor shall set stakes to identify the back tee, angle turn or dog-leg and green of each and every hole in accordance with the golf course routing plan. It is understood that this staking does not necessarily represent the final location of the individual golf holes but represents their location per the golf course routing plan submitted and approve by the GCA. This staking allows the GCA to examine the relationship between the designed golf holes and the physical terrain and serves as the basis for information needed to produce the detailed grading plans. The surveyor shall be responsible for making his own take-offs regarding angles. Unless otherwise noted on the routing plan, the distance from the tee stake to the first angle turn stake shall be 750'; and the distance from the first angle turn take to the second angle turn stake shall be 660'. The distance from the angle turn stake to the green and the distance for par three (3) holes shall be as shown on the routing plan provided by the GCA. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 2 of 4 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SURVEYING & STAKING Once the surveyor moves into the field he shall be responsible for clearing a walking path along the centerline of each golf hole that will provide line of sight from one stake to the next. Each tee, angle turn, and green shall be marked with a piece of PVC pipe four (4) inches in diameter and ten (10) feet in length. A metal angled fence post or reinforcing rod shall be driven into the ground and the PVC pipe placed over its top. The tee shall be color coded blue, the angle turn in yellow, and the green in red. Surveyor shall indicate total length of hole on tee and green stakes in feet and yards. He shall indicate distance from tee to first angle turn and from first angle turn to second angle turn and distance to green from respective angle turn on the respective angle turn stakes. The surveyor shall not make any adjustments in the location of these stakes should their surveyed position fall in seemingly poor locations such as swamps, ditches, creek beds, roadways, etc. Off-set stakes may be used, however, in areas where the surveyor deems necessary. Accurate distances and direction of any off-sets must be recorded and indicated on the routing plan. Upon the completion of the surveying and staking of all of the golf holes, the surveyor shall supply on the 1"=200' scale existing topo map a drawing showing what was actually staked. This map shall show angles and distances between surveyed points. GCA shall arrange to inspect the staked centerlines after receipt of the surveyor's marked topo map. The GCA may request the presence of the surveyor or a member of the survey team. Changes in the location of any golf holes or any portion of a single golf hole by the GCA shall be indicated on a revised routing plan and submitted to the OWNER for re-survey. Prior to clearing, each tee, angle turn and green stake will be marked with existing elevation from an established benchmark for the GCA's inspection. At the discretion of the GCA, other on-site visits may be necessary to physically inspect the surveyed locations of any revised staking. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 3 of 4 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SURVEYING & STAKING CONSTRUCTION It should be understood that a period of time may pass between the completion of the pre- construction staking and the time the grading plans are completed or actual construction may get underway. In that time, due to a variety of causes the stakes that were originally placed may or may not be remaining. All stakes which, at this time, are missing or cannot be visibly spotted, for whatever reason, shall be re-surveyed and replaced at the expense of the OWNER. After the clearing and grubbing operation has been completed and prior to excavation, it shall be the OWNER's responsibility to survey the proposed water level around the perimeter of all proposed lakes and ponds on an interval of one hundred (100) feet for the GCA's review and approval. The surveying of golf course features, such as greens, tees, bunkers, mounds and the establishment of elevations of these features by the transfer of grades from benchmarks or other known, accurate monuments shall be the responsibility of the CONTRACTOR. The CONTRACTOR shall mark each tee, angle turn and green stake with the proposed elevation if requested by the GCA. The purpose of this is to permit GCA to make necessary design decisions in the field. The CONTRACTOR may request and receive from the OWNER information which may be helpful in his surveying duties. Such information would include previous surveys, maps, the location of benchmarks or other monuments, plats, as-built drawings, property boundary, easements, staking of environmentally sensitive area, flood plains, etc. Also it will be the OWNER's responsibility to provide the CONTRACTOR throughout construction detailed information and data such as establishment of inverts for all drainage work, surveying and engineering for all drainage structures, engineering and surveying required for all bridges, culverts, crossings, under roadway passages, etc. It shall be the CONTRACTOR's responsibility to protect all stakes until the completion of the project. Stakes deemed unnecessary by the GCA and OWNER may be removed. Restaking due to carelessness will be done at the CONTRACTOR's expense. OWNER's monuments that are disturbed or destroyed during construction shall be accurately replaced at the CONTRACTOR's expense. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 4 of 4 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SURVEYING & STAKING SITE SPECIFIC REQUIREMENTS: LIMIT OF WORK: CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 1 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MARKING OF TREES, CLEARING, GRUBBING AND DISPOSAL SCOPE The work covered in this section of the specifications concerns the furnishing of all supplies, materials, labor and supervision of all operations in connection with the marking of existing trees and shrubs and the clearing and grubbing and disposal of debris for the golf course. All marking of trees and clearing and grubbing will be in accordance with the Typical Marking and Clearing Detail and the treeline as shown on the Grading Plans, selected and marked trees and as directed by the GCA. ANY DRAINAGE OR RIM DITCHING REQUIRED PRIOR TO THE CLEARING AND GRUBBING OPERATION, WILL BE COMPLETED BY THE CLEARING AND GRUBBING CONTRACTOR UNLESS OTHERWISE DEFINED HEREIN. GENERAL The CONTRACTOR will use the equipment deemed most feasible in order to conform to the Plans and Specifications and to avoid damage or injury to trees and other vegetation designated to remain. The Marking of Trees and the Clearing and Grubbing operation each have three general phases: INITIAL, GENERAL and SELECTIVE. All three phases of the Clearing and Grubbing operation will be preceded by the marking of trees. IT WILL BE THE CONTRACTOR'S RESPONSIBILITY TO MAINTAIN THE TEE, ANGLE TURN AND GREENS STAKES IN THEIR SURVEYED POSITION THROUGHOUT THE CLEARING AND GRUBBING OPERATION. Should any stake be removed the CONTRACTOR will have the location re-surveyed and the stake replaced at his own expense. The CONTRACTOR will also establish an offset reference stake for each stake. All work within Stream Encroachment and Wetland areas shall be in strict conformance with the plans and the requirements of any governing authority. Disturbance within these areas shall be kept to a minimum and all excavated or grubbed materials shall be removed expeditiously. OWNER shall be notified 72 hours prior to any work within wetlands or stream encroachment areas. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 2 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MARKING OF TREES, CLEARING, GRUBBING AND DISPOSAL All stream crossings shall be in areas designated on the plans. Stream diversions, if required, shall be in accordance with the plans and the requirements of any governing authority. If stream diversions are not detailed on the plans, said diversions shall be in accord with applicable soil erosion and sediment control standards. CONTRACTOR shall provide any dewatering and dust control necessary for the performance of this contract. Dewatering which may be required shall be performed by pumping, draining, well points or otherwise. Dewatering discharges shall be in accordance with all applicable governing authority requirements. DEFINITIONS 1. MARKING OF TREES The marking of trees consists of designating areas to be cleared and trees to remain. All tree marking will be done with red (save) and green (remove) colored surveyor's tape. Paint may be used to indicate trees to be removed only. DESIGNATED TREES ARE NOT TO BE REMOVED OR DAMAGED. All trees which are not marked and which lie within the confines of the INITIAL or GENERAL clearing boundaries shall be removed. 2. CLEARING The clearing operation shall consist of cutting, removal and the disposal of all trees, timber brush, buildings, concrete, boulders, rubbish, undergrowth and all objectionable material within the designated area for each hole. It also includes the clearing necessary to gain access to the areas designated for clearing. Access routes will be designated by the GCA and/or OWNER. Heavy brush and small tree areas are to be hydro-axed and root-raked afterwards to remove stick and small stumps. Light brush may be brush-hogged. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 4 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MARKING OF TREES, CLEARING, GRUBBING AND DISPOSAL Following the completion of all clearing operations, CONTRACTOR shall leave the cleared area with a good natural grade. All holes and pockets resulting from stump removal and root raking shall be filled and graded to restore natural drainage. Ridges, mounds, depressions, and pockets caused by the clearing shall be graded to natural, flowing contours. 4. DISPOSAL The CONTRACTOR shall completely and satisfactorily dispose of perishable debris. Burning is acceptable if it is permitted and so long as he insures the safety of the surrounding vegetation and property from damage. When burning debris, CONTRACTOR shall be responsible for the supply and proper maintenance of an air curtain to minimize smoke and ash from the burn. The CONTRACTOR shall obtain all necessary permits for burning and compliance with same in accordance with all applicable laws. Location of burn pit to be approved by OWNER prior to excavation. Rocks may be disposed of by burying. The GCA and OWNER will desigate specific areas which may be used for burial purposes. These areas will not be near the greens, tees or fairway bunkers or any place which will interfere with the installation of the irrigation system. All material that is buried will be 3 feet below the proposed grade of Golf Course and covered with at least 3 feet of compacted earth fill. Excess fill may be used to form undulating mounds over the area. Chipping of downed material will be permitted only in areas designated by OWNER and no piles of chipped material may be left on site unless otherwise directed by the OWNER. Any material that has been cleared and grubbed and is not burned or buried must be removed from the site and disposed of by the CONTRACTOR. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 5 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MARKING OF TREES, CLEARING, GRUBBING AND DISPOSAL 5. VEGETATION PROTECTION All trees not to be removed shall be protected from injury to their roots and to their tops to a distance of 3 feet beyond the drip-line or one foot (1') off the trunk for every inch of caliper for trees in wooded areas. No grading, trenching, pruning, stump removal, or other disruptions or compaction of soils, or storage of materials may be in this area except as specifically approved by the OWNER'S representative. Stumps within this area shall be ground six (6) inches below grade with a stump grinder. Trees to be removed shall not be felled, pushed or pulled into a tree protection zone or into trees that are to be retained. In the event of any damage by the CONTRACTOR, such as to bark, limb or root, to any tree or other vegetation scheduled to remain, the CONTRACTOR, in accordance with accepted horticultural practice, will insure that all damages and injuries are repaired. Any damage to preserved trees will be inspected by a qualified tree expert to determine the extent of damage and potential rehabilitation of disturbed plant material. The repair shall be carried out immediately after the damage occurs. Any plants or trees that are damaged by any construction operation which results in • destroying their value shall be removed and disposed of by the CONTRACTOR, and replaced without compensation by the CONTRACTOR, when directed by the GCA or OWNER. It shall be the CONTRACTOR's responsibility to hand remove or replace any existing grades within the drip lines of any trees to be saved. The CONTRACTOR shall fence off in a protective manner desired specimen trees within the golf course. When wooden snow fence or orange plastic construction protection fence has been installed to delineate a tree protection zone, it shall be maintained until all work/ construction has been completed. Any damage to the protective fencing shall be replaced and repaired before further construction shall begin. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 6 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MARKING OF TREES, CLEARING, GRUBBING AND DISPOSAL Paint, oil or any volatile material shall not be stored or spilled or buried in the vicinity of trees. Storage or equipment is not permitted in the vicinity of trees. The CONTRACTOR shall insure that all entrances and exits made to the property and to each golf hole do not damage or deface the existing terrain and vegetation. All trees designated for removal are to be felled in a direction away from vegetation not designated for removal. 6. CENTERLINE INSPECTION Upon completion of the centerline surveying of the golf holes by the OWNER, the GCA, accompanied by a member of the survey team and an OWNER's representative, will inspect each golf hole. During this inspection by the GCA, all other areas to be initially marked and cleared (lakes, ponds, practice range, clubhouse, etc.) will be designated. At this time the GCA will make necessary or required adjustments to the centerlines and designate specimen trees to remain for later review. { EXECUTION 1. INITIAL MARKING OF TREES It will be the CONTRACTOR's responsibility to accurately and clearly mark the limits of the INITIAL CLEARING & GRUBBING in accordance with the Plans and Specifications unless otherwise directed by GCA in specific areas. The CONTRACTOR will also mark and save any specimen trees within the limits of the initial clearing area as indicated on the plans or as designated by GCA or OWNER. SEE TYPICAL MARKING AND CLEARING DETAIL. Specimen trees are defined as those trees or tree that are of exceptional aesthetic quality, form, soundness, and/or value of unusual size, shape, beauty and/or type that influences the design play and construction of the individual golf hole. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 7 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MARKING OF TREES, CLEARING, GRUBBING AND DISPOSAL 2. INITIAL CLEARING, GRUBBING AND DISPOSAL The initial clearing pertains to the first bulk clearing of the area along both sides of the centerline of each golf hole. It TYPICALLY consists of a completely cleared (marked specimen trees not included) space around the teeing area approximately eighty (80) feet in width (forty (40) feet on either side and to rear of tee stake) and increasing in width to approximately two hundred (200) feet(one hundred (100) feet on either side of angle turn and greens stakes and a depth of seventy (75) feet behind the green stake)unless otherwise constrained by governmental agencies or directed by the GCA. SEE TYPICAL MARKING & CLEARING DETAIL, page 6. Tee surface areas shall be totally cleared by cutting vegetation with chain saws as close to the ground as possible. No large construction equipment shall be permitted in these areas unless otherwise instructed by the GCA. The initial clearing also includes all golf course lake or pond areas, practice area, paths connecting green to next tee, clubhouse area and any other areas so designated and included in the clearing and grubbing portion of the contract. 3. GENERAL AND SELECTIVE MARKING OF TREES At such time as the initial clearing, grubbing and disposal is nearing completion or at a time when the individual golf holes are sufficiently opened up for unobstructed viewing along the centerline from tee to green, the GCA will be notified by the CONTRACTOR so that he may re-walk the golf holes to designate the trees defining the GENERAL clearing limits. Prior to this inspection the CONTRACTOR will have marked the general clearing limits in accordance with plans, and the OWNER will have surveyed and marked the golf course corridor limits. During this visit the GCA will also inspect the areas for SELECTIVE clearing. 4. GENERAL CLEARING AND GRUBBING AND DISPOSAL General clearing pertains to the cleared areas outside the INITIAL clearing limits. It TYPICALLY includes the fairway and adjacent rough areas and extending outward to the beginning of the SELECTIVE clearing area. It also includes the additional clearing of other areas initially cleared. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 8 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MARKING OF TREES, CLEARING, GRUBBING AND DISPOSAL 5. SELECTIVE CLEARING, GRUBBING AND DISPOSAL Selective clearing TYPICALLY pertains to the clearing outside the GENERAL clearing limits and extending to the golf course corridor limits. When possible it should be done at the same time as the GENERAL clearing. This generally constitutes the removal of smaller trees, six (6) inches in diameter or less, undesirable vegetative undergrowth and certain trees that have been previously marked. Spacing between trees and or groups of trees and shrubs designated to remain in the SELECTIVE clearing area shall be approximately 20' O.C. unless otherwise instructed by GCA. The SELECTIVE clearing operation will continue throughout the construction of the golf course or until designated complete by the GCA and OWNER. NOTE As previously described in this section of Specifications, there are basically three phases of the Marking of Trees and Clearing and Grubbing operations. HOWEVER, it will be necessary for the CONTRACTOR, upon instructions from the GCA, to return to certain areas previously cleared and grubbed to remove and dispose of additional trees (previously marked or not) and/or vegetation and/or structures in order to complete the clearing and grubbing operation. The GCA will endeavor to coordinate in a timely manner all phases of the Marking of Trees and the Clearing and Grubbing operation in order to achieve a smooth transition and completion from phase to phase and to minimize the CONTRACTOR's necessity to return to areas that require additional clearing and grubbing. METHOD OF MEASUREMENT AND PAYMENT Prior to any work in a given area, the OWNER, CONTRACTOR and GCA shall agree on the scope of work to be accomplished. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 9 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MARKING OF TREES, CLEARING, GRUBBING AND DISPOSAL SITE SPECIFIC REQUIREMENTS: LIMITS OF WORK: CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY : Page 1 of 7 SECTION : CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE EROSION AND SEDIMENT CONTROL GENERAL GOLF COURSE EROSION AND SEDIMENT CONTROL REQUIREMENTS : Contractor shall provide all tools, equipment, labor, and materials required to construct and/or install all erosion and sediment control devices in accordance with the plans, specifications and the requirements of any governing authority having jurisdiction . Soil erosion and sediment controls must be constructed, stabilized and functional prior to general disturbance within a particular drainage area. The Contractor shall provide adequate manpower to insure that the progress of the general site development is not delayed. As long as the Contractor is responsible for work on site, Contractor shall provide continual inspection and maintenance of soil erosion and sediment control devices . Detailed inspections and repairs shall be made before and after storm events of 0 .25 inches or more of precipitation. A written note of results of said inspection shall be provided to Toll within 5 days of . . storm event . Should unforeseen erosive conditions develop during construction, the Contractor shall take immediate action to remedy such conditions and to prevent degradation of waterways and damage to adjacent properties as a result of increased runoff or sediment displacement . No trees are to be damaged or removed as a result of the installation of erosion control devices unless shown on the plans or specifically directed by Toll . It is the intent of Toll to preserve as many trees as possible . Minor changes may be required to the location of certain erosion control devices to save trees . Said changes should be anticipated and performed at no additional cost . All routine service work or maintenance shall be completed the same day as requested by Toll, if possible, but in no case longer than 48 hours from request . All emergency service work or repairs shall be performed on an immediate basis . Contractor shall perform any dewatering and dust control necessary for the performance of this Contract . CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY : Page 2 of 7 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE EROSION AND SEDIMENT CONTROL SCOPE OF WORK: Contractor shall be responsible for the installation of all soil erosion and sediment control devices as shown on the latest set of approved plans . This work may include but not be limited to : Construction Fence Contractor to furnish and install, inspect and maintain construction fence (orange safety or snow) at all locations shown on the latest set of approved plans or as required by Toll : All construction fence shall be installed in accord with the manufacturer ' s requirements and recommendations . Construction fence shall be installed with ends of adjacent lengths overlapping a minimum of five feet and securely fastened together . Steel "U" Posts shall be placed 8 ' on center or closer . Sediment Barriers Contractor to furnish and install, inspect and maintain silt fence or haybales at all locations shown on the latest set of approved plans . All sediment barriers shall be placed so as to follow an existing contour line as close as possible . Hay Bales : All bales shall be placed along an equal contour with ends tightly abutting . Adjacent bales shall be securely tied and staked in accord with the applicable details . CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 3 of 7 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE EROSION AND SEDIMENT CONTROL Sediment Barriers (cont. ) Silt Fence : All silt fence shall be installed in accord with the plans and the governing authority requirements and recommendations . Silt fence shall follow the existing grade contours as closely as possible . Adjacent lengths of silt fence shall overlap a minimum of five feet and shall be securely fastened together . Silt fence post spacing shall comply with plans or the applicable authority' s requirements unless specified otherwise by the manufacturer and approved by governing authority. The filter fabric shall be recommended for silt . barrier use by the manufacturer . Silt fence bottom tail must be embedded by trench a minimum of 6" or in accord with the applicable details . Silt fence shall not be placed as the only soil erosion/sediment control device in area of concentrated storm water flow. Removal of construction fence and sediment barriers shall only occur where and when specifically directed by Toll . Stone/Rock Berms Contractor shall construct, inspect and maintain berms to the specified size and in locations shown on the approved plans . CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 4 of 7 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE EROSION AND SEDIMENT CONTROL Inlet Protection Contractor to furnish, install, inspect and maintain inlet protection at all locations shown on the latest set of approved plans . All inlet protection devices shall be installed, securely staked, tied or fastened to the inlet and maintained in accord with the plans or manufacturers requirements or recommendations . Tire Cleaner/Tracking Pads ( Check if Applicable) * (Check if responsibility of Excavation Contractor - Do Not duplicate responsibility) Contractor to furnish, install, inspect and maintain stone tracking pads at all locations shown on the latest set of approved plans . Temporary Seeding and Stabilization ( Check if Applicable) Contractor shall temporarily seed and stabilize areas when required by the plans . Contractor shall apply temporary seeding and stabilize in accord with the applicable standards shown on the approved plans or when not detailed in the plans the standards of the governing authority shall apply. Incidentals such as fine grading, hay or fiber mulch, binder, fertilizer, lime, watering, etc . are included. Any areas that do not show proper germination rate or growth shall be reseeded by the Contractor at no additional cost . Filter Berms/Diversion Berms Contractor shall construct, inspect and maintain berms to the specified size and in location shown on the approved plans . Incidentals such as compaction, seeding, fabric, pipes, etc . are included. CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 5 of 7 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE EROSION AND SEDIMENT CONTROL Sediment Basins and Silt Traps ( Check if Applicable) * (Check if responsibility of Golf Course Excavation or Pipework Contractor - Do Not duplicate responsibility) Contractor shall construct, inspect and maintain all sediment basins and silt traps to the specified maximum volume and storage capacity and in location shown on the approved plans . Incidentals such as compaction, seeding, outlet structures, fabric, pipes, flumes , anti vortex devices, cleanout stakes , etc . are included. Sediment basins and silt traps shall be maintained in a safe manner . Contract price includes one final cleanout before Contractor leaves the job . Decommission and Fill Sediment Basins and Silt Traps ( Check if Applicable) Contractor shall fill sediment basins and silt traps to their final design grades per sequence of construction or when designated by Toll . Erosion Control Matting Contractor shall install, inspect and maintain erosion control matting in locations indicated on the plans . Fastening detail, splice lengths, etc . , shall be in accord with the manufacturing specifications . Other Contractor shall install, inspect and maintain all other miscellaneous soil erosion control devices in accord with and in locations shown on the plans . Good common sense will be used concerning inclement weather and stopping or continuing work especially in any stream and wetland areas where siltation pollution and other problems could quickly result . Contractor shall make efforts to eliminate runoff erosion during grassing including baffles and necessary straw bales . CONTRACTOR INITIALS : TOLL BROS, INC . INITIALS : COMMUNITY: Page 6 of 7 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS. FOR GOLF COURSE EROSION AND SEDIMENT CONTROL SITE SPECIFIC REQUIREMENTS : • LIMI TS OF WORK: CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY : Page 7 of 7 SECTION: CONTRACT DATE : EXHIBIT "C" UNIT PRICE LIST SOIL EROSION AND SEDIMENT CONTROL UNIT PRICES FOR EXTRA WORK: The following unit prices shall be used in pricing extra work items : CONSTRUCTION FENCE $ per lineal foot SILT FENCE $ per lineal foot SILT FENCE $ per lineal foot EROSION CONTROL MATTING $ per square foot EROSION CONTROL MATTING $ per square foot RIP RAP $ per cubic yard GABION REVETMENT $ per cubic yard TEMP SEEDING $ per square foot PERMANENT SEEDING $ per square foot HAY MULCH $ per square foot MULCH $ per square foot TACK $ per square foot FINE GRADING $ per square yard ' INLET PROTECTION $ each TRACKING PAD $ each TRACKING PAD $ per ton The above unit prices for installed work and include all incidentals, taxes , manpower, equipment costs, overhead and profit . CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 1 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK GENERAL The CONTRACTOR to perform the work under this section will be referred to as the MAJOR EARTHWORK CONTRACTOR. MAJOR EARTHWORK CONTRACTOR shall provide all required equipment, tools and labor to perform all excavation work in accordance with the plans and specifications and the requirements of any governing authority having jurisdiction. The MAJOR EARTHWORK CONTRACTOR is not responsible for final grades of the golf course unless otherwise specified herein. He will be responsible for loading, hauling, spreading, dumping, pushing, etc., the materials needed to make the planned cuts and fills and rough grading of the disturbed areas to a subgrade of +/- 6" of the subgrade required on the grading plans or as otherwise specified herein. The MAJOR EARTHWORK CONTRACTOR shall work in close cooperation with the GOLF COURSE CONTRACTOR who will be responsible for the final grade to insure an acceptable subgrade. (' The work covered in this section of the specifications consists of the furnishing of all materials, equipment, labor and superintendence of all operations in connection with the major earthwork of the golf course. It is suggested that the CONTRACTOR periodically and prior to grading of each hole re-check the tee, angle turn and green stakes to assure himself of the proper distance and location as prescribed by the Grading Plans. CONTRACTOR shall provide any dewatering and dust control necessary for the performance of this contract. Dewatering which may be required shall be performed by pumping, draining, well points or otherwise. Dewatering discharges shall be in accordance with all applicable governing authority requirements. All work within Stream Encroachment and Wetland areas shall be in strict conformance with the plans and the requirements of any governing authority. Disturbance within these areas shall be kept to a minimum and all excavated materials shall be removed expeditiously. OWNER shall be notified 72 hours prior to any work within wetlands or stream encroachment areas. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 2 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK All stream crossings shall be in areas designated on the plans. Stream diversions, if required, shall be in accordance with the plans and the requirements of any governing authority. If stream diversions are not detailed on the plans, said diversions shall be in accord with applicable soil erosion and sediment control standards. MATERIALS The materials to be furnished during this phase of construction are topsoil, fill material and any major drainage as may be required. The topsoil, when and as required, shall be a good quality loamy topsoil, free of lumps, vegetation, stones or debris of any kind. The fill material, when and as required, shall be free of any debris, suitable for the intended purpose and satisfactory to the GCA. TOPSOIL TESTING It shall be the responsibility of the OWNER to have the topsoil tested by an independent soil testing laboratoryapproved by the GCA for evaluation n of fertility, pH, soil types, porosity, the rate of percolation, or any other test necessary to determine its suitability for golf course use. If the topsoil is found to be insufficient in any of these areas, it shall either be amended on recommendation of the laboratory or an alternate source of approved topsoil will be obtained by the OWNER. TOPSOIL It is anticipated that on all areas where gradework is to be performed, suitable topsoil shall be stripped and stockpiled. When excess topsoil is available, it may not be necessary to strip non feature areas that are planned to receive fill. All no strip areas shall be preapproved by GCA and OWNER. Stockpiling will take place outside the construction area as directed by the GCA so as not to block the visibility needed during construction inspections. Suitable topsoil will also be stripped, removed, and stockpiled from designated lake or pond sites. Clay and predominantly clay soils shall only be used as topsoil when they have been amended according to the recommendation of the soils testing laboratory. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 3 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK Once the subgrade has been rough shaped by the GOLF COURSE CONTRACTOR and has received the approval of the GCA, the topsoil shall be replaced in a smooth and even layer conforming to the graded contour and blending into existing grades. Areas that receive heavy play such as approaches to greens, slopes and mounds around greens, fairway landing areas and slopes and approaches around tees, shall receive a layer of topsoil six to twelve (6-12) inches in depth. The depth will be determined by GCA. The remaining areas on the golf hole shall receive a smooth and uniform layer of topsoil a minimum of four (4) inches in depth. At the discretion of OWNER and GCA, this work may be performed by the GOLF COURSE CONTRACTOR rather than the MAJOR EARTHWORK CONTRACTOR. All areas to receive topsoil shall be disced to a depth of six to twelve (6-12) inches, all clods pulverized and areas smoothed prior to replacement of topsoil. Depending on the condition of the fill material and the subsurface make-up of the soil with regard to rocks or other objectionable materials, the OWNER, GCA and CONTRACTORS shall determine the feasibility of installing the irrigation system prior to the spreading of topsoil. If additional topsoil is required after all existing topsoil has been respread, the MAJOR EARTHWORK CONTRACTOR shall supply and spread such additional topsoil. The cost of the additional topsoil to the OWNER shall be in accordance with the MAJOR EARTHWORK CONTRACTOR's unit bid price. The MAJOR EARTHWORK CONTRACTOR, GCA, and OWNER shall reach written agreement as to the volume required and method of payment before topsoil import begins. Furnished topsoil, when required, shall be good quality loam, free of debris, vegetation and rocks and shall be tested by OWNER in accordance with testing section heretofore described and acceptable to the GCA. Should the existing topsoil and/or required topsoil purchased off-site have an undue amount of objectionable material in it, it is the MAJOR EARTHWORK CONTRACTOR's responsibility that this topsoil should be shredded, screened and separated before spreading on the golf course. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 4 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK OPERATION The MAJOR EARTHWORK CONTRACTOR shall execute all cuts and fills within +/-6" of subgrade elevation or as otherwise specified by the GCA. He shall excavate all lakes, ponds, and other cuts, haul the excavated material and place material in fill areas or stockpile areas as specified by the GCA. He shall base his unit pricing on reasonable haul distances given the locations of cuts and fills anticipated on the grading plan. It shall be the MAJOR EARTHWORK CONTRACTOR's responsibility to examine the location of all cuts and fills on the Grading Plans and in the field so that he may determine the proper equipment required and the haul distances involved. The GCA and OWNER will be notified immediately of any discrepancies that might affect the design intent. The MAJOR EARTHWORK CONTRACTOR shall adhere, as closely as possible, to the location, shape, length and depth of all cut and fill areas indicated on the Grading Plans. Any modifications deemed necessary by the GCA shall be discussed with the OWNER and MAJOR EARTHWORK CONTRACTOR prior to work in that specific area. Differences arising from such changes that alter the Contract price shall be agreed to by GCA, OWNER and MAJOR EARTHWORK CONTRACTOR in writing prior to the commencement of the work. The entire golf course and its features shall be "roughed in" by the GOLF COURSE CONTRACTOR. This involves executing the necessary cuts and fills by the MAJOR EARTHWORK CONTRACTOR in such a manner that will permit other construction procedures such as irrigation or storm drainage installation to be accomplished. All slopes around greens, tees, bunkers, mounds and ponds shall not exceed a 4:1 grade. This grade shall be the steepest slope allowed unless noted on the plans or directed by the GOLF COURSE CONTRACTOR and/or GCA. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 5 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK The MAJOR EARTHWORK CONTRACTOR shall maintain gentle slopes that will blend into the surrounding terrain in a natural manner. Careful attention should be given to the Grading Plans concerning the shapes and formations of proposed slopes. MAJOR EARTHWORK CONTRACTOR shall perform any dewatering and dust control necessary for the performance of his scope of work. All disturbed areas shall provide positive drainage at each day's end. During the formation of all golf course features, the height of such features shall be exaggerated to allow for settlement, normal wind and rain erosion and the final floating phase of construction. The MAJOR EARTHWORK CONTRACTOR responsible for work under this section will work closely and in coordination with the GOLF COURSE CONTRACTOR responsible for the rough shaping portion of the golf course construction. There will be occasions that additional materials will be required to be supplied by the MAJOR EARTHWORK CONTRACTOR to the GOLF COURSE CONTRACTOR in order to accomplish and achieve the proposed finished grades. Should the amount of required additional materials increase the costs of the major earthwork contract, the OWNER and GCA shall be notified immediately and all extra work shall be approved by OWNER in writing prior to commencement of any work. HAUL ROADS The MAJOR EARTHWORK CONTRACTOR shall submit a plan showing the location of intended haul roads for approval by the OWNER and the GCA prior to commencing work. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 6 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK Haul roads shall not be along paved streets unless approved by OWNER. Equipment may be permitted to cross paved streets at approved locations if the pavement is protected with an earthen pad, construction and removed at the MAJOR EARTHWORK CONTRACTOR's expense. If portions of the haul roads and temporary drainage pipes installed may be useful in later construction work, the GCA shall waive the above removal requirement, and these improvements become the property of the OWNER. SPOIL AND BORROW AREAS It may be necessary to create borrow areas within the golf course limits to generate suitable onsite material for infrastructure development. Additionally, non suitable material such as wet soil, peat, clay and rock may be placed in spoil areas or placed within previously excavated borrow areas. All spoil and borrow areas shall be designated and/or approved by GCA and OWNER. Written agreement as to locations, volumes and costs attendant to spoil/borrow areas shall be made between GCA, OWNER and MAJOR EARTHWORK CONTRACTOR before work commences. VEHICULAR ACCESS Vehicular access shall be provided continuously from tee to green throughout the golf course from commencement throughout the construction phase. It is the recommendation of the GCA that all golf course bridges be installed during this phase of construction. Temporary crossings and access structures are the responsibility of the MAJOR EARTHWORK CONTRACTOR. CUTS In predominantly clay areas that require grading cuts, particularly on slopes and bridges, the MAJOR EARTHWORK CONTRACTOR, after completing the required cut, shall rip and subsoil the area to a minimum depth of twelve (12) inches, pulverize all clods and smooth the area prior to the replacement of topsoil. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 7 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK All areas of gradework, particularly cut areas, shall be kept shaped and drained during construction. All fairway and drainage swales, pockets, depressions, lowlines and creeks shall drain effectively at all times. Graded areas shall be protected against action of the elements prior to the completion of the work. Settlement or washing that may occur shall be repaired by the MAJOR EARTHWORK CONTRACTOR, and grades shall be re-established before gradework will be considered complete. Poor drainage areas or wet conditions may develop on site during construction. Being unpredictable during the preparation of the plans and specifications, the GCA, MAJOR EARTHWORK CONTRACTOR and OWNER will coordinate closely, when such conditions arise, to determine the most effective and economical solution. Should the situation and solution affect the contract price, the OWNER and MAJOR EARTHWORK CONTRACTOR will mutually agree on responsibility for same prior to the construction in these areas. MUCK AND ROCK When unforeseen subsurface problems become evident during the rough grading phase of construction in the form of muck, rock or undesirable soils, the MAJOR EARTHWORK CONTRACTOR shall immediately notify the OWNER and the GCA to identify and concur its definition as stated in these specifications. Muck, as defined by these specifications, is a decomposed organic material that is usually black in color with some fibrous remains. Muck is found in deposits in swamps, peat bogs, and muskeg and is usually odorous. The operation to remove and dispose of muck may include the use of a dragline or track hoe on mats, loading pans or trucks which carry the muck to the disposal site. Material shall be considered rock when rock material cannot be ripped after using a CAT D-8 class (285 HP, 81000 lb. operating weight) dozer equipped with a single shank ripper making two passes in two different directions. Rock material shall be considered a boulder if it exceeds 1 cubic yard in volume. No rock or boulder excavation shall be performed without the prior agreement to the limits and costs of said excavation. Said agreement shall be set forth herein or in an executed Site Improvement Work Order. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 8 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK Blasting may not be performed or contracted by MAJOR EARTHWORK CONTRACTOR unless the "Specifications for Blasting", Exhibit "A" is incorporated into the Contract. Should muck, rock or undesirable soils exist and be required to be removed from the project site, the OWNER and MAJOR EARTHWORK CONTRACTOR shall reach written agreement as to the scope and method of payment. LAKES AND PONDS After clearing and grubbing and prior to the excavation of all lakes and ponds, the OWNER shall accurately stake the proposed water elevation to ensure its overall conformity to design of the golf course. The OWNER shall also transfer and/or establish a benchmark in the area of the proposed water feature to aid in determining the proper surface elevation. The OWNER shall stake the proposed configuration of the water features. The GCA shall inspect the staking prior to any excavation as at this point it may be necessary for modifications and adjustments to be made. If the water feature is part of an engineered storm water management system, no deviation from the approved plan will be made without the written concurrance of the OWNER and design engineer. All lakes and ponds within the limits of play must be visible from the point where an approaching shot or a shot over the water is struck. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 9 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK If not specified on the design plans, all lakes and ponds shall be excavated to a minimum depth of eight (8) feet of water unless otherwise directed by the GCA. Underwater slopes shall be 3:1 unless otherwise shown on engineering drawings. Any permeable areas such as sand, gravel beds or any other such areas within the lake or pond basin shall be covered and sealed with a twelve (12) inch layer of compacted impermeable material. Clay pond liners shall be constructed of inorganic clay of low to medium pasticity, Unified Soil Classification designated type CL. All clay materials are subject to the approval of the onsite Soils Engineer prior to placement. All clay must be compacted to a minimum of 95% of the maximum Modified Proctor Density. Clay cores will be placed in accord with the engineering plans. Clay liners, where required, shall be 12" thick and placed in all wet ponds to a point two foot higher than the permanent pool elevation. Clay lining on side slopes shall be benched into slope to prevent slumping of clay when saturated. If suitable clay material is not found on site, MAJOR EARTHWORK CONTRACTOR shall supply the clay at a unit price as shown on the bid sheet. Invoices for clay shall be accompanied with a certified scale ticket indicating the tonnage delivered to the job site. All fill in lake, detention pond or basin embankments shall be regarded as structural fill and placed and compacted in accord with the following specifications: Structural fill areas shall consist of onsite soils. Fill material shall be free from brush, roots or other organic matter subject to decomposition. The fill material shall be a well graded soil with 100% passing a 6" sieve. Soils to be used in structural fill areas shall be approved by the onsite Soils Engineer prior to placement. No fill shall be placed on a frozen surface nor shall frozen material be incorporated in the fill. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 10 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK Structural fill shall be placed in horizontal layers. The thickness of the layers shall be determined in the field by a Soils Engineer provided by OWNER. During construction, the surface of the fill shall have a crown or cross slope of not less than 2%. Each layer or lift shall extend over the entire area of fill. The fill shall be free from lenses, pockets, streaks or layers of material differing substantially in texture or gradation from the surrounding material except as specified by the Soils Engineer. The finished fill shall be shaped and graded, within the specified tolerances, to the elevations shown on the plans. Material being used for structural fill shall contain the percent moisture suitable for compacted fill as determined by the Soils Engineer. MAJOR EARTHWORK CONTRACTOR shall furnish and operate the equipment required to compact the structural fills to within the specified tolerances. MAJOR EARTHWORK CONTRACTOR shall have suitable rollers onsite and operable during time when structural fill is being placed. The compaction equipment shall traverse the entire surface of each layer of the fill material. Heavy equipment and vibratory rollers shall not be operated within 4 feet of any structure. Equipment shall not be allowed to operate over a structure or pipe unless there is 24' of fill over the structure or pipe. All structural fill areas shall be compacted to ensure a minimum of 95% of the material's maximum Modified Proctor Density. Density tests will be performed from time to time in the field to determine the in place density. Any fill areas found to be less than the specified density shall be removed and replaced to the satisfaction of the OWNER and the Soils Engineer at the expense of the MAJOR EARTHWORK CONTRACTOR. After the excavation, forming and lining (if required) of the lakes and ponds has been completed, the basin shall be thoroughly compacted to prevent seepage and the surface shall be left in a clean and smooth condition. If a water seepage problem should occur, the OWNER, GCA and other representatives of the OWNER shall determine the most efficient and effective means to correct the problem. Ponds may be sealed through the use of Bentonite, clay, compacted earth or chemicals and their use shall be carried out under sound professional guidelines. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 11 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK Flexible Membrane liners, if required, may be used and shall be installed by an experienced lining contractor and in accordance with the manufacturer's recommendations. If dam construction and/or lake construction drawings are necessary, they will be the responsibility of the OWNER. Lakes, ponds, detention basins and dry basins that are part of an engineered stormwater management system will be left 6" lower than finished grade as shown on the plans to allow for topsoil. A tolerance of +/- 3" will be considered acceptable for all areas except the top of the embankment and emergency spillway area where a tolerance of +/- 1.5" will be considered acceptable. Outside of the 500 year storm elevation, tolerances per GCA. FILL All earth fill that is to be used for the base formation of all golf course features such as tees, greens, mounds, etc., shall be clean and free of such large stones, debris, roots or branches or any foreign matter larger than two (2) inches in diameter. Clay or other heavy soil shall not be used closer than two (2) feet in elevation to the finished grade on any green and one (1) foot elevation to the finished grade of any tee surface. Sandy or porous soil is desirable and shall be used when available for fill under greens and tees. Material containing large amounts of peat muck or extensive organic matter may not be used as fill unless otherwise determined by GCA. In areas that require fill, the soil shall be placed in layers. Each layer shall be spread evenly and shall be mixed and loosened during the spreading operation to ensure a uniform material compaction with each successive layer and the least amount of settlement when completed. Continual rolling of the earth moving equipment over the fill area will, in most cases, provide a major portion of the required compaction 80% of the maximum density. The fill material should be of the proper moisture content to provide the required compaction without causing damage to the soil structure. When fills are required on existing hillsides, ridges or slopes, the slopes of the original ground shall be ripped, benched and subsoiled to a minimum depth of twelve (12) inches, all clods pulverized and the area smoothed prior to placement of the fill material. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 12 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK If additional fill is required to bring the subgrade to the proper grade after all usable fill has been used and compacted, the MAJOR EARTHWORK CONTRACTOR shall supply, spread and grade such fill material. Cost of additional fill shall be as agreed on and stated on a unit price basis in the Bid Proposal. Furnished fill, when required, shall be of good quality, free form debris, and shall be a type suitable for the purpose intended and approved by the GCA. MAJOR DRAINAGE MATERIALS AND STRUCTURES If required, it shall be the MAJOR EARTHWORK CONTRACTOR's responsibility to install designated major subsurface pipe, catch basins and drainage structures. Major subsurface pipe and drainage structures are schematically illustrated in the Grading Plans. Their exact location, length and size requirements shall be per the approved engineering plans. The final establishment of water elevations, water control structure elevations, invert elevations of all pipe and other elevations of catch basins, drop inlets, dams, spillways, etc., shall be established by a representative or consultant employed by the OWNER and with the approval of the GCA. MISCELLANEOUS If in the judgement of the GCA, the MAJOR EARTHWORK CONTRACTOR places fill material within the drip-line of remaining trees, the MAJOR EARTHWORK CONTRACTOR shall remove said fill by hand immediately at no cost to the OWNER. The general location of all required bridges shall be indicated on the grading plans. However, their final location shall be determined on site by the GCA, OWNER and approval documents. The base grading for all required service roads shall be accomplished during this phase of construction and will be located in the grading plans. However, the final location shall be determined on site by the OWNER, ENGINEER and/or GCA. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 13 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK During this phase of construction, the GCA, with the approval of OWNER, reserves the right to adjust any proposed grades or tee and green locations to meet field conditions or to enhance the character of the golf course. Where the GCA, OWNER and MAJOR EARTHWORK CONTRACTOR agree that such adjustments increase or decrease the amount of work or the estimated quantities, an adjustment shall also be made to the contract price in accordance with the unit price bids. The MAJOR EARTHWORK CONTRACTOR shall be responsible for the prevention of erosion in areas that he is responsible for. Failure to take necessary precautions shall result in the MAJOR EARTHWORK CONTRACTOR having to restore and regrade such areas to their original conditions at no additional cost to OWNER. METHOD OF PAYMENT The MAJOR EARTHWORK CONTRACTOR shall determine for himself the amounts of material to be moved on this project. Compensation for this portion of the work shall be made on a percent complete basis where the percent complete against the lump sum or any approved work orders shall be estimated by the MAJOR EARTHWORK CONTRATOR and approved by the OWNER. The MAJOR EARTHWORK CONTRACTOR's payment for earth moved shall be his total compensation for all excavation, hauling, spreading and of all earthwork in accordance with the grading plans and these specifications unless otherwise agreed upon by OWNER and MAJOR EARTHWORK CONTRACTOR. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 14 of 14 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR MAJOR EARTHWORK SITE SPECIFIC REQUIREMENTS: LIMITS OF WORK: CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY : Page 1 of 9 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE PIPE WORK (Storm, Sanitary, Water and U-drain) GENERAL GOLF COURSE PIPEWORK SPECIFICATIONS Contractor shall provide all required equipment, tools, labor and materials to install all pipework improvements and associated appurtenances in accordance with the plans and specifications and applicable governing authority requirements including any testing . All materials used in association with the installation of the pipe improvements shall meet or exceed all governing authority requirements . Material specifications, material tickets, and shop drawings must be provided to the governing authority if requested. Contractor shall supply Toll at the completion of work covered under this Contract, a complete operational and system approved by the governing authority having jurisdiction . Stream crossings or diversions shall be made in accordance with the approved soil erosion plans and all applicable governing authority requirements . Trench excavation shall be as specified on the engineering plans. If dimensions are not specified therein, trenches shall have a width of the outside diameter of the pipe at the bell, plus a maximum of 2 ' . Where excavations are made outside the limits required, they shall be backfilled and stabilized at Contractor ' s own expense . The Contractor shall furnish, install and maintain all shoring, bracing, sheeting, etc . required to support the sides of the excavation to afford safety and protection for workmen and the general public, and to prevent any movement which might result in the disruption of service of any utility in the area or cause property damage . Excess excavated material shall be displaced to areas designated by Toll so that site conditions and subgrade elevations of the excavated right of way shall be restored to the same grade as before pipe work began . CONTRACTOR INITIALS : TOLL BROS, INC . INITIALS : COMMUNITY : Page 2 of 9 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE PIPE WORK (Storm, Sanitary, Water and U-drain) At locations where the excavated materials are not approved as suitable backfill material, Toll will provide a source of suitable backfill material on site, or Toll has the option to authorize the Contractor to provide "Select Backfill Material" according to the Unit Price List attached hereto as Exhibit "C" through the issuance of a Site Improvement Work Order . Unsuitable material will be disposed of or stockpiled as directed by Toll . Contractor shall provide any dewatering and dust control necessary for the performance of this Contract . Dewatering which may be required shall be performed by pumping, draining, well points or otherwise . Dewatering discharges shall be in accordance with all applicable governing authority requirements . Backfilling of trenches shall be in accordance with all governing authority requirements . No rock, cobbles, stones, boulders, frozen soils, etc. , over 3" in size shall be placed within one foot of the pipe . Contractor shall be responsible for stabilizing trenches to pre-excavation conditions . Backfilling operations shall be suspended at any time when satisfactory results cannot be obtained because of weather or any other unsatisfactory field condition . Outlet structures, pipe, culverts, pump stations, emergency spillways, headwalls, rip rap areas , etc . shall be backfilled and compacted to the extent of the overdig . The area must be graded according to the plans and specifications and left sufficiently below (+/- 1" ) final grade to allow for topsoil or paving . Where utility construction is within structural areas such as roads, basin embankments, and pump station areas, backfill shall be considered structural backfill . Backfill material shall be free from brush, roots, or other organic matter subject to decomposition large rock or any other foreign material . The fill material shall be a well graded soil . No fill shall be placed on a frozen surface nor shall frozen material be incorporated in the fill . CONTRACTOR INITIALS : TOLL BROS, INC . INITIALS : COMMUNITY: Page 3 of 9 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE PIPE WORK (Storm, Sanitary, Water and U-drain) Structural backfill shall be placed in horizontal layers . The layers shall be of suitable thickness to ensure proper compaction . Each layer or lift shall extend over the entire area of fill . The fill shall be free from lenses, pockets, streaks or layers of material differing substantially in texture or gradation from the surrounding material . Material being used for structural fill shall contain the percent moisture suitable for achieving the required compaction . Contractor shall furnish and operate the equipment required to compact the structural backfill to within the specified tolerances . The compaction equipment shall traverse the entire surface of each layer of the backfill material . Heavy equipment and vibratory rollers shall not be operated within 4 feet of any structure . All structural backfill areas shall be compacted to ensure a minimum of 95% • of the soil ' s maximum Modified Proctor Density unless otherwise specified by Toll or governing authority. Any areas found to be less than the required density shall be removed and replaced to the satisfaction of Toll at the expense of the Contractor . Temporary pipe trench paving restoration on public roads must be started within 24 hours after the trench has been backfilled and must be maintained until permanent paving materials are installed. Contractor is responsible to maintain all utility trenches installed by Contractor and areas around inlets, manholes, valve boxes, etc . for settlement for a period of not less than 1 year from date of completion of work. Contractor shall be responsible for one call back to adjust inlets and manholes to the required final grade . Contractor shall be responsible for marking storm and sanitary sewer and water utility laterals and services . Utilities shall be designated at the curb by painting a line, using the color indicated below, where the lateral or service crosses the curb . Contractor shall also be responsible to designate where all laterals terminate by installing a 10 ' piece of re-bar into the ground and marking the end with a 8 ' color coded 2 x 4 which has 36" exposed. Color coding to be as follows : Blue = Water; Green - Sanitary; White - Storm. CONTRACTOR INITIALS : TOLL BROS, INC . INITIALS : COMMUNITY: Page 4 of 9 SECTION : CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE PIPE WORK (Storm, Sanitary, Water and U-drain) Contractor shall be responsible for providing to Toll a marked up "as- built" plan of all improvements installed by the Contractor. "As-built" plans shall include the location and depth of all pipe, structures, appurtenances and services . Said plan shall be required prior to the final payment for work. Contractor shall be responsible to locate all improvements installed by the Contractor that are not found as indicated on the "as-built" plan. The Contractor shall be responsible for all cutting, fitting and patching that may be required to complete the work which shall be provided by the Contractor without additional charge to Toll . Contractor shall be responsible for notifying all appropriate authorities prior to both the start of construction and the covering of work, and for scheduling all tests and inspections . Contractor shall furnish all test plugs, pumps and appurtenances, and other materials and equipment, as well .. as all labor and supervision necessary to conduct all required testing( and/or disinfection of the utility systems in accordance with all governing authority and/or utility company requirements . Contractor shall bear the cost of any additional inspection requirements deemed necessary by the governing authority as a result of Contractor negligence . Invoicing for storm water management facility improvements shall be based on the percentage of completion except that invoicing shall not exceed 70% until the review and acceptance of an "as built" plan by Toll . Rock: Material shall be considered rock when trench rock material is unyielding when conventionally excavated when dug using a CAT-350 class (285 HP, 104, 000 lb . operating weight) track mounted hydraulic excavator equipped with a rock bucket and rock teeth . Rock material shall be considered as a boulder if it exceeds 1 cubic yard in volume . CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 5 of 9 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE PIPE WORK (Storm, Sanitary, Water and U-drain) Rock: (cont' d) No rock or boulder excavation shall be performed without the prior agreement to the limits and costs of said excavation . Said agreement shall be set forth herein or in an executed Site Improvement Work Order . Blasting may not be performed or contracted by Contractor unless the "Specifications for Blasting" , Exhibit "A" is incorporated into this Contract. Contractor shall provide all equipment, tools, labor, and materials for rock and boulder excavation as required for installation of the improvements set forth herein . CONTRACT BASIS (* CHOOSE ONE) All rock and boulder excavation for the installation of improvements set forth herein is considered "unclassified" and shall be performed for the lump sum set forth on Exhibit "B" of this Contract . All rock and boulder excavation required for the installation of improvements set forth below shall be performed on an hourly basis in accord with the rates set forth within Exhibit "C" attached hereto with a cost not to exceed $ . A pre- authorized Site Improvement Work Order with breakdown of time and work performed shall accompany any requests for payment for rock and boulder excavation performed under this Contract . All rock and boulder excavation required for the installation of improvements set forth below shall be performed on a unit price basis in accord with the rates set forth within Exhibit "C" attached hereto with a cost not to exceed $ . A pre-authorized Site Improvement Work Order with supporting calculations shall accompany any requests for payment for rock and boulder excavation performed under this Contract . CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY : Page 6 of 9 SECTION : CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE PIPE WORK (Storm, Sanitary, Water and U-drain) SCOPE OF WORK: Sanitary Sewer Improvements : All sanitary sewer pipe and appurtenances in accordance with the plans and specifications . Sanitary sewer improvements shall include all necessary pipe (mains and laterals) , pipe connections, bedding materials, manholes, including but not limited to drop and watertight manholes, connections into existing mains and manholes, concrete encasements, wyes, concrete casings, stubs and plugs for future connections, castings, drop connections, extra depth structures, plugs, miscellaneous concrete work and road restoration associated with the sanitary sewer improvements . All sanitary laterals shall extend from the main to a minimum distance of , 5 ' beyond the R .O.W. line or utility easement, and shall be plugged at the' bell end. Laterals to be installed with a minimum slope as follows : 4 " dia - 2%; 6" dia -1% . Laterals at the point of future house connection will not be lower than eight (8 ' ) feet below proposed grade unless required due to topographic relationship between the future house and the lateral . Storm Sewer Improvements : All storm sewer pipe and appurtenances shall be installed in accordance with the plans and specifications . The installation of storm sewer improvements shall include but not be limited to all pipe, culverts, inlets, manholes, head or endwalls, flared end sections, outlet structures, extra depth or oversize structure, rip rap, gabions, conduit inlet and outlet protection, cutoff collars, reconstructions or connection to/of existing structures, miscellaneous concrete work and road restoration associated with the storm sewer improvements . • CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 7 of 9 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE PIPE WORK (Storm, Sanitary, Water and U-drain) Water Main Improvements : ( Check if Applicable) All water pipe and appurtenances in accordance with the plans and specifications . Contractor shall be responsible for installing water pipe and fittings for house services from main to curb stop. Contractor shall be responsible for the installation of a complete operating water system which includes but is not limited to hydrants, valves and boxes , thrust blocks, tees, wyes, reducers, bends, plugs, blow offs, taps, water service, tie-ins, disinfection, testing by the governing authority and road restorations associated with the water main improvements . Underdrain: All underdrain pipe and appurtenances in accordance with the plans and specifications . • Underdrain pipe and appurtenances over and above the plans shall only be installed by direction of Toll through the issuance of a Work Order . CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 8 of 9 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE PIPE WORK (Storm, Sanitary, Water and U-drain) SITE-SPECIFIC REQUIREMENTS: LIMITS OF WORK: CONTRACTOR INITIALS : TOLL BROS, INC . INITIALS : COMMUNITY: Page 9 of 9 SECTION: CONTRACT DATE : EXHIBIT "C" UNIT PRICES FOR ROCK EXCAVATION UNIT PRICES : All the unit prices below are for completed work and include all incidentals, taxes, manpower, equipment costs, overhead and profit . Rock and Boulder Excavation: Hourly Rate Bulldozer w/Ripper $ Tracked Excavator w/Hydraulic Hammer $ _ Tracked Excavator w/Ripper Bucket $ Jack Hammer with Compressor $ Rock and Boulder Excavation: Unit Prices * Boulders - General Excavation $ /C.Y. Boulders - Trench Excavation $ /C.Y. Rip Rock - General Excavation $ /C.Y. Rip Rock - Trench Excavation $ /C.Y. Hammer Rock - General Excavation $ /C.Y. Hammer Rock - Trench Excavation $ /C.Y. Jack Hammer Rock $ /C.Y * NOTES : GENERAL EXCAVATION: Cubic yardage of excavated rock shall be the volume calculated from the top of the rock profile to the proposed subgrade times the calculated area of the improvement . IMPROVEMENT PIPEWORK TRENCH EXCAVATION: Cubic yardage of excavated rock shall be the volume calculated from the top of the rock profile to 12" below the proposed pipe invert in depth and 24 " wider than the proposed pipe ' s outside diameter times the length of the trench. Payments shall not be made for structures (manholes, inlets, outlet structures, etc . ) since pipe lengths are measured to center of structure . UNDERGROUND UTILITY TRENCH EXCAVATION: Cubic yardage of excavated rock shall be the volume calculated from the top of the rock profile to the proposed trench bottom elevation and the proposed trench width times the length of the trench . CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 1 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ROUGH SHAPING GENERAL The work covered in this section of the specifications is to be completed by the GOLF COURSE CONTRACTOR. It consists of the furnishing of all materials, equipment, labor and superintendence of all operations in connection with the rough shaping of all golf course features in accordance with the grading plans and as stipulated herein and/or as otherwise directed by the GCA. The superintendence of all operations consists of but is not limited to supervising the MAJOR EARTHWORK CONTRACTOR so he can execute the necessary cuts and fills and haul the material so the entire golf course can be "roughed in" and graded to within six (6) inches of proposed grades by the GOLF COURSE CONTRACTOR. The GOLF COURSE CONTRACTOR shall direct and supervise the MAJOR EARTHWORK CONTRACTOR so that the cuts, fills, hauling and the "roughing in" shall be executed in a manner that will permit other construction procedures, such as storm drainage and irrigation installation, to be accomplished in a timely manner. The GOLF COURSE CONTRACTOR will be required to execute some cuts and fills to achieve the GCA's desired "Rough Shape" of the golf course. All slopes around greens, tees, bunkers, mounds and ponds shall not exceed a 4:1 grade. This grade shall be the steepest slope allowed unless noted on the plans or directed by the GCA. The GOLF COURSE CONTRACTOR shall maintain gentle slopes that will blend into the surrounding terrain in a natural manner. Careful attention should be given to the Grading Plans concerning the shapes and formations of proposed slopes. During the formation of all golf course features, the height of such features shall be exaggerated to allow for settlement, normal wind and rain erosion and the final floating phase of construction. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 2 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ROUGH SHAPING The base grading for all required cart paths and walks shall be accomplished during this phase of construction. Their location shall be determined on site by the OWNER, CONTRACTOR and GCA. During this phase of construction, the GCA reserves the right to adjust any proposed grades or tee and green locations to meet field conditions or to enhance the character of the golf course. Where it is agreed by the GOLF COURSE CONTRACTOR, GCA and OWNER that such adjustments increase or decrease the amount of work or the estimated quantities, a specific scope and payment or credit method shall be agreed to in writing before said adjustments are made. The golf course features to be shaped under this section include tees, fairways, roughs, mounds, landscape berms, bunkers, lakes, ponds, stream beds, swales and greens. The rough shaping of these features is defined as that which is to be accomplished by a bulldozer and other similar type equipment such as pans or trucks except as specified below. The GOLF COURSE CONTRACTOR responsible for work under this section will work closely and in coordination with the MAJOR EARTHWORK CONTRACTOR responsible for the major earthwork portion of the golf course construction. There will be occasions under this section that additional materials will be required by the GCA in order to accomplish and achieve the desired rough grades. The GCA and OWNER shall make the determination whether materials will be supplied by the MAJOR EARTHWORK CONTRACTOR or the GOLF COURSE CONTRACTOR. Should the amount of required additional materials increase or decrease the costs of the major earthwork contract, written agreement shall be reached between the OWNER, GCA and specified CONTRACTOR as to scope and method of payment or credit. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 3 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ROUGH SHAPING The GOLF COURSE CONTRACTOR shall be responsible maintenance of erosion and sediment control devices as they relate to his work. Failure to take necessary precautions shall result in the GOLF COURSE CONTRACTOR having to restore and regrade such areas to their original conditions. The work consists of: The slopes of both the greens and tees shall be graded with at least twelve (12) inches of suitable topsoil. Putting all fairways to proper width, shape, elevation and contour. Installation of subsurface ADS N12, or equal fairway drainage pipe and catch basins for greens, bunkers, depressions and swales. Furnishing of all materials, equipment, labor, superintendence of hauling and/or moving of earth to facilitate, fine tune or modify the major earthwork phase. The intent of requiring the GOLF COURSE CONTRACTOR to move earth is to improve the course from a visual playability and safety perspective as well as real estate views by fine tuning the major earthwork and by giving the GOLF COURSE CONTRACTOR more flexibility to blend the grades into the existing terrain. The earthmoving considered to be the responsibility of the GOLF COURSE CONTRACTOR in the rough shaping phase shall consist of short hauls with a pan or truck or dozer push dirt. The GOLF COURSE CONTRACTOR, in coordination with the Grading Plans and Specifications and the OWNER and GCA, will determine all final sub-grades prior to topsoiling during this phase of construction. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 4 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ROUGH SHAPING The shaping under this section will include the majority of all specific requirements in order to achieve the desired final product. This basically involves the modifications, addition and deletions and desired shapes to the sub-grade prior to topsoiling and finish grading. It is during this phase that the staking, field layout and the installation of the irrigation system begins. The GOLF COURSE CONTRACTOR shall carefully inspect and ensure that all gradework falls within the limits of coverage as defined by the field staking of the Irrigation Plan. If there is any gradework not covered by the irrigation system, the GOLF COURSE CONTRACTOR shall notify the IRRIGATION CONTRACTOR, OWNER and GCA immediately. During the Rough Shaping phase it may be necessary to install nonperforated ADS N12, or equal pipe (4" to 15" diameter) to drain grass depressions, etc. The ADS N12, or equal pipe can be connected to drainage materials already installed or outfall into lakes or other suitable areas. The catch basins can be of the type shown on the Nyloplast detail, or equal. Twelve (12) inch catch basins will be used on pipe ranging from ten to twelve (10- 12) inches in diameter. Subsurface ADS N12, or equal pipe and Nyloplast, or equal, catch basins are schematically illustrated in the Grading Plans. Their exact location, length, size requirements shall be approved by a representative of the OWNER and/or GCA. It is also during this Phase that the irrigation system will be installed. Careful attention and coordination between drainage and irrigation installation must be maintained at all times. TOPSOIL TESTING Should lab tests show that topsoil requires amendment beyond that covered in the base scope of this Contract, GOLF COURSE CONTRACTOR, GCA and OWNER shall come to written agreement as to scope of amendment and method of payment before topsoiling operations commence. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 5 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ROUGH SHAPING TOPSOIL On areas where gradework is to be performed, and topsoil is needed, the GOLF COURSE CONTRACTOR shall load, haul and place topsoil previously stockpiled by MAJOR EARTHWORK CONTRACTOR or from areas specified by GCA/OWNER. OWNER's representative and/or GCA will determine which areas will receive topsoil. Once the subgrade has been rough shaped by the GOLF COURSE CONTRACTOR and has received the approval of the GCA, the topsoil shall be placed in a smooth and even layer conforming to the graded contour and blending into existing grades on approved area designed by OWNER's representative and/or GCA. Approved areas that receive heavy play such as approaches to greens, slopes and mounds around greens, fairway landing areas and slopes and approaches around tees, shall receive a layer of topsoil six to twelve (6-12) inches in depth. The depth will be determined by OWNER and GCA. The remaining approved areas on the golf hole shall receive a smooth and uniform layer of topsoil a minimum of four (4) inches in depth. At the discretion of OWNER and GCA, this work will be performed by the GOLF COURSE CONTRACTOR rather than the MAJOR EARTHWORK CONTRACTOR. All areas to receive topsoil shall be disced to a depth of six to twelve (6-12) inches, all clods pulverized, and areas smoothed prior to replacement of topsoil. Depending on the condition of the fill material and the subsurface make-up of the soil with regard to rocks or other objectionable material, the OWNER, GCA and CONTRACTORS shall determine the feasibility of installing the irrigation system prior to the spreading of topsoil. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 6 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ROUGH SHAPING BUNKER CONSTRUCTION The GOLF COURSE CONTRACTOR shall cut and shell out all bunkers as indicted in the Grading Plans or as directed in the field by the GCA. Grading Plans indicated finish grades of sand bunkers after a minimum of six (6) inches of sand is installed. Bunkers shall be cut with the necessary equipment depending on the size and depth of the bunker. The GOLF COURSE CONTRACTOR shall ensure visibility to the majority of the bunker bed from the area where the shot will be played. All bunkers shall be constructed to prevent surface run-off from entering the bunkers and lipped as shown in detail. The GOLF COURSE CONTRACTOR will install the outfall drainage pipe of non-perforated four 4 inch ADS pipe form the edge of the bunker to a designated area as defined by the plans, specification or as directed by the GCA on-site. He shall end outfall drainage pipe in bunker in such a way so it does not become clogged. Immediately prior to final shaping of all bunkers, the GOLF COURSE CONTRACTOR shall ensure all outfall bunker drainage pipe is working properly. See Finish Grading for bunker completion specifications. MISCELLANEOUS There will be occasions under this section that specific items covered under the responsibility of other sections of the contract may best and should be completed immediately by the GOLF COURSE CONTRACTOR. Some examples are additional and selective clearing, modifications and changes to work previously completed, additions and deletions of installed materials such as pipe, rock, catch basins, etc. Should any of the above-mentioned work increase the contract price, it shall first be approved by the OWNER and GCA and a mutuallyagreeableprice will be agreed upon in writing 9 by OWNER and GOLF COURSE CONTRACTOR prior to the work being done. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 7 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ROUGH SHAPING Unless otherwise specified, minimum gradient for non engineered or non underdrained swales shall be two percent (2%) to insure the constant flow of water. All banks shall have smooth side slopes to enable maintenance by fairway gang mowers with no scalping. Minimum drainage pipe slopes if not specified on plans: 4" Perforated - 0.5% 4" Non Perforated - 2% 6" Perforated - 0.5% 6" Non Perforated - 1% 8" + Non Perforated - 0.5% CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 8 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ROUGH SHAPING SITE SPECIFIC REQUIREMENTS: LIMITS OF WORK: CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 1 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GREENS AND TEES CONSTRUCTION GENERAL The work covered in this section of the specifications is to be completed by the GOLF COURSE CONTRACTOR. It consists of the furnishing of all materials, equipment, labor and superintendence of all operations in connection with the construction of the greens and tees in accordance with the Grading Plans and as stipulated herein and/or as otherwise directed by the GCA. The GOLF COURSE CONTRACTOR shall survey and stake each green and tee to ensure its proper configuration in accordance with the Grading and Greens Plans. The work consists of: Construction of all greens and tees as specified and designed, providing final shape and contours, and for preparing grades t th e finish grading and grassing phases. The materials listed below include all materials necessary for the construction of greens and tees. Estimates of the quantities required are provided by the GCA at the end of this section. All pipe and drainage structures shall be installed in accordance with manufacturer's specifications and sound professional practices. GREENS CONSTRUCTION MATERIALS The following is a complete list of material which will be used in the construction of greens. The OWNER shall have the right to verify the price of all materials furnished and the OWNER may also purchase any or all of the materials directly and deduct the price of these materials from the Contract price (See Unit Prices for Materials Only in Bid Proposal). Materials required by OWNER or GCA other than listed below will be considered an extra to the Contract and paid for by the OWNER. OWNER's representative shall approve all materials for the Golf Course. It will be the GOLF COURSE CONTRACTOR's responsibility to have tested all sand, rock, gravel and soil amendments and mix for greens construction. Should the desired specification of any part of the greens structure not be obtainable, proper substitution should also be tested in order to ensure a satisfactory growing medium. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 2 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GREENS AND TEES CONSTRUCTION PERFORATED PIPE The drainage pipe used in the greens' subdrainage will be plastic, corrugated, N12, perforated, four (4) inches in diameter as manufactured by Advance Drainage Systems Inc., or approved equal. The manufacturer's pipe selected shall offer all fittings necessary for this adaption. Any substitution shall be submitted to the GCA and OWNER for their approvals. GRAVEL OR ROCK The gravel used will be in accordance with the latest United States Golf Associations (USGA) recommendations in effect at the time of construction. Washed gravel or crushed stone approximately 2mm to 6mm in size shall be used for backfilling all subdrainage ditches as well as for the four (4) inch gravel base. The gravel shall be hard and sound and shall not disintegrate and will be free of sand, loam, clay or other objectionable material. Any substitution shall be submitted to the GCA for his approval. Limerock gravel will not be used. TESTING Both the gravel and sand shall be tested together to ensure that they have the following relationship: Performance Factors Recommendation Bridging Factor D15(gravel) < 5 x D85 (root zone) Permeability Factor D15(gravel) > 5 x D15(root zone) Uniformity Factors D90(gravel) /D15(gravel < 2.5) No particles greater than 12 mm Not more than 10% less than 2 mm Not more than 5% less than 1 mm COARSE SAND (ALTERNATE - NOT NECESSARY IF APPROPRIATE GRAVEL AND SAND LAYERS ARE USED) CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 3 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GREENS AND TEES CONSTRUCTION The Coarse sand (or choker) layer consists of coarse, washed sand in the size range of 1 .0mm to 4.0mm. GREENSMIX The mix that will be used will be in accordance with the latest United States Golf Association (USGA) recommendations in effect at the time of construction. The sand used in a USGA root zone mix shall be selected so that the particle size distribution of the final root zone mixture is as described below: Name Particle Recommendation Diameter (by weight) Fine Gravel 2.0 - 3.4 mm Not more than 10% of the total particles in this range, including a maximum of 3% Very Coarse Sand 1.0 - 2.0 mm fine gravel (preferably none) Coarse Sand 0.5 - 1.0 mm Minimum of 60% of the particles must fall in this range Medium Sand 0.25 - 0.50 mm Fine Sand 0.15 - 0.25 Not more than 20% of the particles may fall within this range Very Fine Sand 0.05 - 0.15 mm Not more than 5% Total particles in Silt 0.002 - 0.05 mm Not more than %5 this r °shall not exceeedd ge 10 /° Clay Less than 0.002 mm Not more than 3% CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 4 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GREENS AND TEES CONSTRUCTION The root zone mix shall have the properties summarized in the table below, as tested by USGA protocol (proposed ASTM Standards). Physical Property Recommended Range Total Porosity 35 - 55% Air-filled Porosity (at 40 cm tension) 15 - 30% Capillary Porosity (at 40 cm tension) 15 - 25% Saturated Conductivity 6-12 inches/hr (15-30 cm/hr) Normal range: 12-24 inches/hr (30-60 cm/hr) Accelerated range: Organic Matter Content (by weight) 1% - 5% (ideally 2% - 4'%) The sand, coarse sand for choker layer (should the OWNER's representative choose to install) and gravel shall be tested as a total system by an independent testing laboratory approved by the USGA to determine the proper amendments, such as peat, to meet USGA specifications. The OWNER is responsible for the costs of the laboratory tests and the final approval of that mix and all other materials which are placed on the green. IT WILL BE THE GCA's RESPONSIBILITY TO RANDOMLY TEST SAMPLES OF ALL MATERIAL AS THEY ARE DELIVERED TO THE SITE TO ENSURE CONSISTENCY WITH ORIGINAL SAMPLES TESTED. It is the recommendation of the GCA that a professional soil blending company be employed by the GOLF COURSE CONTRACTOR to provide the greensmix. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 5 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GREENS AND TEES CONSTRUCTION SUBGRADE The grading of each green or "boxing in" of the putting surface and fringe area forms the "topsoil well," and its shape, size and contours will be contoured so that subsurface water movement will flow to the drainage system. Each topsoil well shall be approximately sixteen (16) inches in depth. The walls of the topsoil well will be firm and perpendicular to the putting surface subgrade. Openings will be left in the topsoil well to provide drainage prior to the installation of the subsurface drain system, coarse sand layer and greensmix. SUBDRAINAGE A subsurface drainage system will be installed as follows: A pattern of drainage pipes should be designed so that the main line(s) is placed along the line of maximum fall. Laterals shall run up and across the slope of the subgrade, allowing a natural fall to the main line. Lateral lines shall be spaced not more than fifteen (1 5)( 5) feet apart and extended to the perimeter of the green. Lateral lines should be placed in water- (' collecting depressions should they exist. At the low end of the gradient, adjacent to the main line's exit from the green, drainage pipe should be placed along the perimeter of the green, extending to the ends of the first set of laterals. This will facilitate drainage of water that may accumulate at the low end of that drainage area. A geotextile fabric may be used as a barrier between an unstable subsoil and the gravel drainage blanket. Under no circumstances should the fabric cover the drainage pipes or trenches. The drainage ditches shall be carried away from the green with sufficient slope and distance so as not to interfere with normal play. Trenches shall extend into the rough, or to a lake, stream, ditch or into the major drainage system of the golf course or development. In areas where lakes are not expected to freeze, invert of pipe that outfalls into lakes shall be at least one (1) foot below normal water level to ensure they are not visible. Undesirable materials from all subdrainage trenches shall be removed from the topsoil well. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 6 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GREENS AND TEES CONSTRUCTION The four (4) inch perforated pipe shall be laid on a one ( 1) inch layer of gravel or crushed stone. This layer may be deeper as necessary to ensure a positive slope along the entire run of drainage lines. The upper ends of the drain pipe will be closed with end cups prior to backfilling the ditch with stone. In addition the upper end of the main or central drainage line in each green will be covered with a standard valve box cover in the fringe area of the green. Extreme care shall be taken during the backfilling and spreading of stone over the pipe to ensure no damage occurs to the drain ditches or the pipe itself. Any section of laid pipe found to be damaged in any way shall be taken up and re-laid at the GOLF COURSE CONTRACTOR's expense. The trenches shall be backfilled with the approved gravel. Trenches extending ten (10) feet beyond the green shall be filled to within three (3) inches as indicated above and topped off with clean topsoil. Trenches beyond ten (10) feet shall be backfilled with suitable topsoil. Perforated pipe shall be used within ten (10) feet of the green and non-perforated pipe shall be used beyond ten (10) feet of the green. GRADE STAKES GOLF COURSE CONTRACTOR shall provide and install grade stakes to be placed at random locations within the greens putting surface. Each stake shall be marked with the proposed grades for the rock, choker and greensmix compacted finish grade twelve (12) inches above the top of the coarse sand layer. GRAVEL BASE The gravel base is comprised of a four (4) inch layer of washed gravel or crushed stone 2 mm to 6 mm in size. The GOLF COURSE CONTRACTOR shall haul the gravel to each green and spread a uniform layer of gravel four (4) inches in depth over the entire area being careful to maintain the same contours and undulations as proposed in the finish grade. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 7 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GREENS AND TEES CONSTRUCTION COARSE SAND LAYER (CHOKER LAYER) (OWNER's OPTION) A two to four (2-4) inch layer of coarse washed sand shall be uniformly spread over the gravel base prior to the installation of the greensmix. INSTALLATION OF GREENSMIX The greensmix will be transported by truck being careful to dump each load on the edge of the green's gravel/coarse sand base without backing the truck onto the base itself. Approved equipment shall be used to carefully push the greensmix out onto the base into position and in accordance with the grade stakes, being careful not to disturb the base. A minimum of twelve (12) inches of compacted greensmix shall be maintained in all areas over the gravel/coarse sand base conforming to the designed contours. A farm tractor and box blade may be used to roughly shape and contour the greensmix. EXTREME CARE SHALL BE USED SO THAT NO FOREIGN MATERIAL IS INCORPORATED INTO THE GREENSMIX DURING THIS OPERATION. At the completion of this there shall be no low spots or depressions. The green shall then be thoroughly watered for compaction purposes. PRACTICE PUTTING GREEN The location, size and shape of thepractice puttinggreen shall be determined on site P by the OWNER and GCA. Final contouring to be determined on-site by the GCA. For bidding purposes, the GOLF COURSE CONTRACTOR shall base his price on an irrigated 20,000 square foot green built to the same specifications as the regular greens. Should the size of the practice putting green be smaller or larger than 20,000 square feet, GOLF COURSE CONTRACTOR, OWNER and GCA shall come to written agreement to the scope and method of payment or credit before work starts. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 8 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" A SPECIFICATIONS FOR GREENS AND TEES CONSTRUCTION For whatever reason, if the practice putting green is not constructed during the actual construction phase and while the GOLF COURSE CONTRACTOR is on-site, it will be the OWNER's responsibility for the cost of construction, and the 20,000 square foot green cost as submitted by the GOLF COURSE CONTRACTOR will be deducted from the GOLF COURSE CONTRACTOR's price. TEES CONSTRUCTION Putting final shape and elevation on all tees. All tees shall be graded and leveled as indicated in the GradingPlans or as directed in the field by the GCA. The tee surfaces shall have 0.75% slope to provide surface drainage directed away from the cart path. On a flat hole and an uphill hole, they shall slope from the front to the back of the tee. On a downhill hole the tees shall slop e from back to front. The goal is to provide surface drainage without the slope being detected by the eye. The average size of each tee group shall be square feet. The driving range tee(s) will measure square feet. If soil contains excessive amounts of clay or gravel, the surface shall be topped with at least six (6) inches of approved greensmix. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 9 of 9 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GREENS AND TEES CONSTRUCTION SITE SPECIFIC REQUIREMENTS: LIMITS OF WORK: CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 1 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION GENERAL 2 GENERAL INSTALLATION REQUIREMENTS 2 TECHNICAL INSTALLATION REQUIREMENTS 4 DRAWINGS OF RECORD 5 ROUTING - STAKING 7 TRENCHING AND BACKFILLING 8 PIPING AND INSTALLATION REQUIREMENTS 11 SPRINKLER HEADS 11 FITTINGS 12 VALVES 13 _ ELECTRICAL SERVICE 13 WIRING 14 CONTROL TUBING AND HYDRAULIC SUPPLY LINE 15 AUTOMATIC CONTROLLERS 16 TESTING 17 CLEAN-UP 17 PUMP STATION 18 SITE SPECIFIC REQUIREMENTS 20 LIMITS OF WORK 20 SPECIFIED AND APPROVED MATERIALS LIST 21 CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 2 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION THE LEGEND ON THE IRRIGATION PLANS TAKES PRECEDENCE OVER THESE GENERAL SPECIFICATIONS GENERAL The irrigation system has been conceptually designed based on the graphic representation of the golf course layout and the golf course grading plans. There will be situations in the field that will require deletion or addition of irrigation heads. Changes shall be agreed upon in writing by OWNER, IRRIGATION CONTRACTOR and GCA as to scope and method of payment prior to execution of the work. During staking of the irrigation system, the IRRIGATION CONTRACTOR shall carefully inspect and insure that all gradework falls within the limits of coverage as defined by the field staking of the irrigation plan. If there is any gradework that was intended to be irrigated but that is not covered by the irrigation system, the IRRIGATION CONTRACTOR shall notify the MAJOR EARTHWORK or ROUGH SHAPING CONTRACTOR, OWNER and GCA immediately. The GCA recommends that the golf course be constructed and irrigation installed so that when a hole is completed through seedbed preparation that the hole be grassed immediately. The overall construction schedule including the planting schedule to be discussed and determined by the IRRIGATION CONTRACTOR and GCA. GENERAL INSTALLATION REQUIREMENTS The work covered in this section designed the responsibilities of the IRRIGATION CONTRACTOR with respect to the general installation requirements of a complete underground golf course irrigation system. The system so defined in these Plans, Specifications and Instructions and Contract Documents. The IRRIGATION CONTRACTOR will notify the GCA in writing of any inconsistencies in the Plans, Specifications, and Instruction and Contract Documents prior to any construction or installation covered under this Contract. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 3 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION At any time during the installation phase, the IRRIGATION CONTRACTOR is invited to suggest, in writing, and recommend to the OWNER and GCA any field changes or modifications that he feels will improve the overall efficiency or installation economics of the system. No changes regardless of cost shall be made without the written consent of GCA and OWNER. Any changes made but not approved in writing by the GCA or OWNER's representative will be considered for extra payment. Sprinkler lines, heads, valves, controllers, etc., shown on the drawings are essentially diagrammatic. The exact location for the installation of components of the system shall be adjusted and established on site by the IRRIGATION CONTRACTOR with the approval of the GCA or his representative. The IRRIGATION CONTRACTOR shall provide a project superintendent who shall be on the site during all phases of the installation of the irrigation system. Replacement or removal of the project superintendent by the IRRIGATION CONTRACTOR shall not be done without prior approval from the OWNER or GCA. The IRRIGATION CONTRACTOR will provide a list of at least ten (10) projects of similar scope that the above-mentioned superintendent has performed. It is highly recommended by the GCA that the OWNER hire and employ, full-time, an individual or individuals that will be trained and instructed by the IRRIGATION CONTRACTOR as to the proper and technical responsibilities necessary for the operation and maintenance of the irrigation system. He should observe and assist in all phases of the irrigation system. This individual should be the golf course superintendent or his assistant. Any changes, additions, deletions, etc. necessary during installation will be mutually agreed upon in writing between the OWNER and IRRIGATION CONTRACTOR only prior to work being commenced in the area of change. Throughout the installation phase the IRRIGATION CONTRACTOR shall be responsible for coordinating and cooperating with other CONTRACTORS on the site to insure no unnecessary delays or destruction of completed work and proper scheduling for the timely completion of the project. Careful attention and coordination between drainage and irrigation installation must be maintained at all times. Prior to the start of the installation, the IRRIGATION CONTRACTOR must submit his intended progress report in writing as to the procedures from the very beginning of the installation. CONTRACTOR shall provide any dewatering and dust control necessary for the performance of this contract. Dewatering which may be required shall be performed by pumping, draining, well points or otherwise. Dewatering discharges shall be in accordance with all applicable governing authority requirements. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 4 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION All work within Stream Encroachment and Wetland areas shall be in strict conformance with the plans and the requirements of any governing authority. Disturbance within these areas shall be kept to a minimum and all excavated or grubbed materials shall be removed expeditiously. OWNER shall be notified 72 hours prior to any work within wetlands or stream encroachment areas. TECHNICAL INSTALLATION REQUIREMENTS The work covered under this section outlines and defines all specific and required materials that will be necessary for the complete installation of the designed and specified underground automatic irrigation system and irrigation system pumping station. The water supply shall be taken from the location indicated on the Irrigation Routing Plan as defined and supplied by OWNER. The system utilizes satellite controllers with eleven (11) or more stations per controller, with all designed area of coverage being watered on an everyday basis if required. The satellite controllers (master controller if required) will be located and installed where indicated on the Irrigation Routing Plan or as relocated in the field during installation. It shall be the IRRIGATION CONTRACTOR's responsibility to order, load, transport, receive, unload, store and handle all materials to be used in the installation of irrigation systems and irrigation pumping station. The IRRIGATION CONTRACTOR will personally verify all quantity totals and materials listed and notify the GCA and OWNER of any inconsistencies of changes he feels should be made prior to his execution of this Contract. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 5 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION In addition to the actual materials listed, the IRRIGATION CONTRACTOR shall be responsible for including and providing any extras necessary for contingencies, due on his part, during the installation phase. If any material is recommended changed by the OWNER, OWNER's representative, IRRIGATION CONTRACTOR, SUB-CONTRACTOR SUPPLIER or MANUFACTURER, the OWNER and/or IRRIGATION CONTRACTOR will notify the GCA and OWNER immediately for his approval. Equipment differing from that stated on the Specified and Approved Materials list may be proposed by the IRRIGATION CONTRACTOR. The equipment proposed by the CONTRACTOR must be approved by the OWNER and GCA prior to the installation of said equipment. For consideration of proposed equal equipment, the IRRIGATION CONTRACTOR shall submit to the GCA not less than fourteen (14) days prior to the bid opening a list of material and/or equipment under consideration. The IRRIGATION CONTRACTOR shall submit four (4) copies of a material list, complete with manufacturer's name and product number, and lists of four (4) comparable installations in operation, including customer address and location of installation. Any proposed changes that would alter the system design shall be accompanied by engineering drawings. If the data submitted is accepted by the OWNER and GCA, GCA shall notify all bidders by Addendum not less than three (3) days prior to bid opening of the acceptable "as equal" materials and/or equipment. DRAWINGS OF RECORD Throughout the installation phase, the IRRIGATION CONTRACTOR shall provide and keep up to date, a complete set of drawings of record which shall be modified daily indicating any and all changes or deviations from the original design plan. The plan must be available on a weekly basis in order for the GCA and OWNER to approve any requisition payments. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 6 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION The IRRIGATION CONTRACTOR will prepare a daily plan of record recording the progress of the golf course irrigation system including pumping station installation. The Irrigation Plan and Specifications submitted by the GCA will be used as a basis for the plan of record. All installation modifications or changes in materials, equipment or location will be recorded on the plan of record. It is understood and agreed between OWNER, GCA and IRRIGATION CONTRACTOR that during the installation process that possible changes, modification additions, or deletions may be required to improve the system. Any and all changes, modifications, etc., must first be approved by the OWNER and GCA prior to the actual changes, modifications and/or installation. The plan of record will include: 1. Type, quantity and location of all materials and equipment installed. 2. Additions or deletions from original plan. 3. Estimate of time remaining to complete the installation. 4. Approval of OWNER or OWNER's representative and GCA. The current plan of record will be submitted along with each request for payment by the IRRIGATION CONTRACTOR. It will be the IRRIGATION CONTRACTOR's responsibility to notify the GCA and OWNER at the times in which the contracted lump sum dollar amount will be affected due to any change, modification, addition or deletion. The IRRIGATION CONTRACTOR shall furnish to the OWNER a drawing of record zone drawing, inside the cover of each satellite controller, indicating that zone's coverage (hole by hole) and a master drawing of record (all zones) plan. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 7 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION Upon completion of the work covered under this Contract, and prior to final payment, the IRRIGATION CONTRACTOR shall furnish to the OWNER two (2) sets of drawings of record showing the total completed irrigation system as installed. This plan will be approved by the GCA or OWNER or their appointed representative prior to approval of final payment, and must be drawn on Mylar. A reproducible copy must also be provided to the GCA. The IRRIGATION CONTRACTOR shall also provide to the OWNER the name of the agent or local distributor, including address, telephone number and name of contact person, for materials and equipment installed. The IRRIGATION CONTRACTOR shall provide the OWNER with all manufacturer's warranties and any additional warranties provided by local suppliers. ROUTING - STAKING REQUIREMENTS As set forth in the Bid Documents, the IRRIGATION CONTRACTOR shall have thoroughly examined and familiarized himself with the site and all conditions pertaining to the implementation of this Contract. The routing and staking shall be in general accord with the irrigation routing plan as prepared by IRRIGATION CONTRACTOR. The IRRIGATION CONTRACTOR will be responsible for staking layout. Prior to any trenching, construction or installation of the irrigation system components, the IRRIGATION CONTRACTOR will stake out the area to insure the best location of runs of pipe, sprinkler heads, valves, controller slabs, etc. The GCA, or his appointed representative, and the OWNER, or the OWNER's representative, shall approve all staking prior to trenching. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 8 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION Pipe lines around greens are shown diagrammatically on the IRRIGATION PLAN. The IRRIGATION CONTRACTOR shall determine on-site the best routing and placement of heads to insure the proper and designed coverage. Pipe lines and heads are to be a minimum of two (2) feet from the surface and no line is to run through the bed of any sandtrap or under the green's surface. The IRRIGATION CONTRACTOR shall have the right to adjust the routing of the pipe lines in order to avoid obstacles or to achieve better coverage. In no case shall any adjustment of this nature invalidate the original Contract or affect the price of the Contract. Any adjustments recommended by the IRRIGATION CONTRACTOR that necessitates more or less pipe or material than originally planned shall be approved by the OWNER and GCA, or his representative, prior to the actual installation of the adjusted area. Any adjustments, changes, additions or deletions that have been approved by the GCA and OWNER and that affects the price of the original Contract will be governed by the provisions set forth in the Contract Documents. TRENCHING AND BACKFILLING REQUIREMENTS All trenching, installation of pipe, valves, sprinkler heads, construction of thrust blocks, etc., will be in accordance with manufacturer's recommended installation requirements. The IRRIGATION CONTRACTOR shall consider all excavation standard or unclassified and will include all material encountered with the exception of material that cannot be excavated by normal chain trenching excavation means or normal back hoe excavation means. Any exceptions will be brought to the attention of the GCA, or his representative, and the OWNER, and a price adjustment shall be agreed to in writing upon before excavation of these areas proceeds. The IRRIGATION CONTRACTOR shall be responsible for the disposal of any unsuitable excavated material. He shall haul to a site on the property any such material or bury on-site in an area approved by the GCA or his representative. When buried on-site the IRRIGATION CONTRACTOR shall be responsible for the preparation of the burial pit and the backfilling of same. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 9 of 21 SECTION: _ CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION At locations where the excavated materials are not approved as suitable backfill material, OWNER will provide a source of suitable backfill material on site, or OWNER has the option to authorize the CONTRACTOR to provide "Select Backfill Material" according to the Unit Price List attached hereto as Exhibit "C" through the issuance of a Site Improvement Work Order. Unsuitable material will be disposed of or stockpiled as directed by OWNER. Mechanical trench diggers shall provide trenches with straight sides and shall be no wider at any point than is necessary to lay and bed the pipe properly. The depths to which all pipe is to be laid will be determined between the IRRIGATION CONTRACTOR and the GCA, complying with the OWNER's request and requirements and local conditions. Minimum depths of cover over all pipe to finish grade: Mainline 30" Road crossings 36" Lateral lines 18" When soil conditions require, the IRRIGATION CONTRACTOR shall take special care in hand backfilling and hand tamping around and over the pipe to a depth of six (6) inches over the pipe. Trenching that will be required to go through existing roadways, cart paths, sidewalks, etc., will be the IRRIGATION CONTRACTOR's responsibility as well as the replacement and repair of same, including the paving of same. All crossings (existing and proposed) shall be sleeved. CONTRACTOR INITIALS: TOLL B OS INC IN ITIALS:NIT ALS. R COMMUNITY: Page 10 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION Solid rock that cannot be avoided by routing adjustment and must be blasted must first be approved by OWNER, GCA, or his representative, and the IRRIGATION CONTRACTOR. Blasting shall be done by a licensed person and shall be considered extra work in terms of payment and the IRRIGATION CONTRACTOR shall be reimbursed by the OWNER in accordance with the provisions set forth in the Contract Documents. The backfill material shall be clean, free from rocks, debris and any other unsuitable material. The imported material, whether from on-site or imported from off-site, will be at the OWNER's expense. It will be dropped at the trench site and the responsibility for spreading will be the IRRIGATION CONTRACTOR's. The finish layer of backfill in all trench lines shall be slightly crowned above finished fairway grade. The IRRIGATION CONTRACTOR shall be responsible to bring back to finished grade any undue settlement in the trench lines, pavement, sprinkler head, etc., for a period of one (1)year at no additional cost to the OWNER. Throughout the installation phase,the IRRIGATION CONTRACTOR shall refill any trenches that have settled due to incomplete or improper compaction or backfill. In the event the seedbed preparation and grassing become necessary within 15 days of installation of trenchline, or if the GRASSING CONTRACTOR removes the crown above the trenchline,the OWNER shall be responsible to repair same, or shall reimburse the IRRIGATION CONTRACTOR for the repair of any undue settlement. Should the IRRIGATION CONTRACTOR encounter any unsuitable obstacles or material, such as logs, limbs, stumps, debris, etc.,that has been buried by another CONTRACTOR in a prior construction phase, the OWNER and GCA will be immediately notified. If conditions arise as described in the preceding paragraph, the IRRIGATION CONTRACTOR, OWNER and GCA shall come to written agreement as to scope and method of payment before the work starts. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 11 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION The IRRIGATION CONTRACTOR will insure that all installed pipe is backfilled and tamped properly at the conclusion of each working day. No trenches with installed pipe will remain open overnight. PIPING AND INSTALLATION REQUIREMENTS All piping (unless specified otherwise)to be unplasticized poly-vinyl chloride (PVC), ring-tite, Type L, Class 200 or DR 25 (as specified) and as manufactured by J-M Manufacturing Certainteed or equal. Solvent weld type PVC pipe will be permitted on sizes two (2) inches and under. All PVC pipe installed to be in accordance with the manufacturer's installation guide and recommendations. Depth of pipe installation to be governed by OWNER's requirements or in accordance with the minimum depths of cover as specified in Trenching and Backfilling Requirements of these specifications. All street and road pipe crossings shall be sleeved and handled in accordance with local codes. In areas where PVC pipe cannot be covered, such as ditch, stream, bridge, lagoon, and pond crossings, Schedule 40 steel shall be used. Exposed pipe shall be painted as per OWNER's requirements. SPRINKLER HEADS The sprinkler head assembly shall be connected to the lateral line by installing a DURA or approved equal Sch 80 three-way "0"- ring swing joint completely assembled at the factory. DURA "0"- ring top piece will be used for the connection from the swing joint to the irrigation head. Spacing of all heads are diagrammatically indicated on plan. Exact locations of heads to be determined on-site by IRRIGATION CONTRACTOR'S supervisor and approved by the GCA, OWNER and OWNER's representative. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 12 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION The IRRIGATION CONTRACTOR shall mark all installed sprinkler heads with"irrigation flags". IRRIGATION CONTRACTOR to set sprinkler heads and boxes three (3) inches above grade when turf has yet been established. IRRIGATION CONTRACTOR is responsible for call back to set sprinklers and boxes to grade after turf is established on golf course. All rotary pop-up sprinklers and quick coupler valves, as specified on the plan, shall be attached to the irrigation system piping with swing joints at the location and grades as indicated on the plan. The specifications for the sprinkler heads to be used on this project are listed on the plans. FITTINGS Fittings, in general, for all installations shall be considered incidental to the Contract price and shall be the IRRIGATION CONTRACTOR's responsibility to provide all of the required fittings to complete the Contract. . All fittings for pipe four(4) inches and smaller used on lateral lines only will be Schedule 40 solvent weld as manufactured by DURA or approved equal. (' All fittings for pipe four(4) inches through eight(8) inches when used as mainline will be cast iron or ductile iron, push on type or mechanical joint type for PVC. All fittings for pipe ten (10) inches and larger will be cast iron or ductile iron, mechanical joint type with appropriate transition gaskets. All reductions in PVC pipe sizes four(4) inches and larger will be cast iron or ductile iron reducers, push on type or mechanical joint type for PVC. All reduction connections shall be thrust blocked. All tees for the installation of swing joints will be Schedule 40 solvent weld. Threaded Schedule 40 fittings will not be allowed. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 13 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION VALVES Gate valves three (3) inches and smaller shall be bronze threaded, Class 150 W.O.G. with cross top handle. Gate valves to be Nibco T-29 or approved equal. IRRIGATION CONTRACTOR shall furnish four(4)keys to the OWNER. Gate valves four(4) inches and larger shall be cast iron, high resilient wedge, epoxy coated iron inside and out, with a two (2) inches non-rising operating nut. Gate valves to be Waterous Series 500 or equal. Valve shall have two (2) inch square operating nut. IRRIGATION CONTRACTOR shall furnish four(4) keys to the OWNER. Each valve placed underground shall be placed in a valve box. The box cover shall be marked "WATER". All valve boxes shall be similar or equal to Ametek Box No. 595. The location and type of all valves are shown on the layout routing plan. The implementation of the plan should be followed as closely as possible. However, the IRRIGATION CONTRACTOR, with prior approval from the OWNER or GCA, shall make on-site adjustment in routing and location of valves for better implementation of the plan. ELECTRICAL SERVICE The OWNER shall furnish the electrical services necessary for supplying required electrical voltage to pumping system and electrical control system at designated points indicated on plans. The electrical services to consist of all necessary transmission lines transformers, poles, main power disconnects and wiring of same. The power requirements shall be 3 Phase, 480 Volt Power unless otherwise specified on plans or in this contract. Any changes in voltage which require additional or different voltage control switches and/or motors will be agreed to in writing between GCA, OWNER and IRRIGATION CONTRACTOR as to scope and method of payment prior to ordering equipment. It is the IRRIGATION CONTRACTOR's responsibility to provide the physical hook-up at the 120/240 volt source disconnect of the irrigation system power wires. It is the IRRIGATION CONTRACTOR's responsibility to provide for the three wire lead hook-up from the pumping system disconnect to the main power disconnect if main disconnect is located within the pump house, otherwise, by OWNER. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 14 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION If it is determined by the local power company requirements that the pump start is required with reduced voltage (other than across the line), then the change shall be agreed to in writing between GCA, OWNER and IRRIGATION CONTRACTOR as to scope and method of payment prior to ordering equipment. WIRING The IRRIGATION CONTRACTOR shall provide and install all of the required electrical wiring necessary for the implementation of the golf course irrigation plan. All wiring (control lines) shall be assembled, connected and installed in accordance with the manufacturer's recommended instructions. Care and caution should be taken in making splices and connections and should be made permanently waterproof. All splices and connections will be done with the insulated SCOTCH- LOKS #3570 on all 120/240 volt wire and DBY splice kit on all 24 volt wire. All underground splices not located at control valve sites will be housed in a valve box for isolation and inspection. Splices will only be allowed if shown on plan or approved by GCA. All wire shall be installed in trench lines and shall not be yanked, stretched or excessively pulled during installation. Wire shall be laid on a firm, even bed which shall support the entire length. All wiring crossing streams, lakes, lagoons, bridges or under roads, etc., shall be placed in PVC pipe or conduits and all joints will be made waterproof. Wire should be laid on the same side of the trench, as much as possible, throughout the systems and will be bundled and tied together every twenty(20) feet. Under no condition can the wire be laid on top of the pipe. Power supply wiring to each satellite remote controller has been sized to supply no less than 115 volt, 60 cycle, to each controller unless allowed lower by manufacturer's specifications. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY:SECTION: Page 15 of 21 CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION Power supply at indicated sources to be no less than 120/240 volt, 60 cycle, 20 amp, with source supply and service hook-up provided by OWNER. Power supply sources are indicated on plans. Valve control and common wires from satellite/remote controllers shall be single strand, solid conductor, direct burial wire, Type OF and UL approved. Control and common wires are sized on plans and details. Common wire shall be different color for identification. Each controller shall have a separate common. Systems containing master to satellite controls, control wiring from master to satellites to be as recommended by controller manufacturer. CONTROL TUBING AND HYDRAULIC SUPPLY LINE (APPLIES ONLY WHEN HYDRAULIC CONTROL IS SPECIFIED). All control tubing for sprinkler head control shall be polyethylene tubing as manufactured by Athens Plastics, Deland, Florida or approved equal. Control tubing will be laid in the water line trenches whenever possible. Each pair of sprinklers (valve to head) to have individual tube from controller. All manifolding to be done at the controller. All fittings for PVC control tubing shall be compression type; fittings for polyethylene tubing shall be insert type (brass, slip-on ferules). All satellite controllers will be installed with one (1) one and one half(1-1/2) inch Ring-tite PVC Class 160 supply line from water source and the line shall be of equal pressure as the pressure in the main line at the pump. Depending on water source, characteristics, etc., the supply line will be filtered according to manufacturer's recommendations. Water source for control tubing supply line should be potable. A booster pump assembly shall be used for the hydraulic supply line. Location of booster pump to be determined by OWNER in cooperation with the CONTRACTOR and GCA. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 16 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION AUTOMATIC CONTROLLERS The location of all satellite controllers shall be staked in the field for prior approval to be OWNER, GCA and the representatives. Controllers must be located so that manual operation will provide proper visibility of zone coverage and so that they are out of line of play. Satellite controllers shall be completely automatic for normal operation. They shall also have the capability of being operated manually. They shall consist of an electrical timing device, individual station time selector dials and be capable of changing or omitting individual station settings before or during a sprinkling cycle without interrupting the preceding or succeeding station timing. Satellite controllers shall be housed in vandal resistant, weather tight enclosures will doors and locking handles. Satellite controllers are to be mounted and wired in enclosures according to manufacturer's recommended instructions and in accordance with local and state electrical code requirements. Satellite controllers and enclosures shall be mounted on concrete pads of sufficient size and strength to adequately support the controller and enclosure and provide the stability necessary to protect it • from weather and vandalism. All controllers should be grounded by copper clad grounding rod and bare copper bonded ground wire run from each satellite to the power source, sized as per plan, and General Electric Lightning Arrestor#9L15DCB002. The resistance shall be determined by use of a Vibroground unit. The ground shall have a resistance reading of 10 OHMS or less with the bare copper ground wire disconnected. The controller manufacturer shall supply with this product all required and recommended lightning and surge protection equipment. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 17 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION • TESTING Upon completion of the installation of the total system, the IRRIGATION CONTRACTOR will test, set and adjust all component parts of the system to insure that the overall operation of the system is functioning at peak efficiency. This includes the programming and adjustments of all pumps, controllers, sprinkler heads, pressure regulators, valves, etc. All of the above work should be in conjunction with the superintendent of the golf course or his appointed irrigation personnel. The system will be pressurized and will maintain a pressurized condition range between 90 and 130 psi for a minimum of twenty-four (24) hours. When all work under this contract has been completed, including testing adjustments, additions or deletions, the IRRIGATION CONTRACTOR will notify the OWNER and GCA for their inspection and approval. Final acceptance by the OWNER does not relieve the IRRIGATION CONTRACTOR of his responsibility of WARRANTY. IRRIGATION CONTRACTOR shall guarantee for a period of 24 months from the date of acceptance by the OWNER that all equipment will be free from defects in materials and workmanship. The IRRIGATION CONTRACTOR shall furnish replacement parts for any component proven defective, whether his or of other manufacture during the guarantee period, except for those items which are normally consumed in service. IRRIGATION CONTRACTOR shall assign all manufacturer's warranties to the extent assignable to the OWNER. The IRRIGATION CONTRACTOR shall warrant materials and equipment throughout the manufacturer's warranty period should the manufacturer's warranties not be assignable. CLEAN UP The IRRIGATION CONTRACTOR shall be responsible throughout the construction and installation phase to maintain a clean job site. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 18 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION Waste materials, crates, rubbish, cartons and all trash shall be removed or disposed of in all work areas at the end of each working week. Materials storage site, fuel tanks or trucks and all construction equipment shall be centralized and in an orderly manner at the end of each working week. Upon completion and before acceptance of the job by the OWNER, the site shall be cleaned to the satisfaction of the OWNER and GCA. PUMP STATION The pump station shall be a fully automated skid-mounted unit which keeps constant pressure on the irrigation system while meeting the varying flow demands of irrigation programs. The pumps shall be of vertical turbine type. The pump station shall be the manufacturer and model specified on the plans. The station is intended to operate on 480 volt, three phase, 60 hertz power. The station manufacturer shall provide a two-year warranty and start up/calibration and training service by a factory technician. The following safety circuits (all with manual reset and indicator lights) are to be included: Low Intake Level Shut-down Low Discharge Pressure Shut-down with Manual Override High Pressure Shut-down The wetwell shall be constructed per latest approved plans. IRRIGATION CONTRACTOR shall prepare and coordinate any submittals of shop drawings to the GCA. The IRRIGATION CONTRACTOR shall coordinate the review and approval of shop drawings directly with the GCA. One copy of all approved submittals shall be provided to Toll at the time of construction. Building permits and coordination of building inspections shall be the responsibility of the OWNER. • CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 19 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION Coordination of utility companies providing service to the pump station shall be by the OWNER. IRRIGATION CONTRACTOR shall verify available power prior to preparation of shop drawings. During start up and for a period not less than two (2) years from the date acceptance the IRRIGATION CONTRACTOR shall be available and shall cause the manufacturer's representatives to be available to provide assistance, advice and/or to remedy any deficiencies caused by his actions at no charge to OWNER. At the completion of the work and immediately prior to final inspection, the IRRIGATION CONTRACTOR shall clean the entire pump station site as follows: The IRRIGATION CONTRACTOR shall thoroughly clean, sweep, wash and polish all work and equipment provided under this Contract, broom clean paved surfaces and rake clean area outside of the pavement. The cleaning shall leave the structure and site in a complete and finished condition to the satisfaction of OWNER. OWNER shall be responsible for building construction. IRRIGATION CONTRACTOR shall coordinate setting of the wetwell and pump station so as not to delay construction of building. • CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 20 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION SITE SPECIFIC REQUIREMENTS: LIMITS OF WORK: CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 21 of 21 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE IRRIGATION SPECIFIED AND APPROVED MATERIALS SITE SPECIFIC REQUIREMENTS: IRRIGATION EQUIPMENT: MAIN LINE VALVES: MAIN LINE FITTINGS: MAIN LINE SADDLES: MAIN LINE PIPE: LATERAL LINE PIPE: LATERAL LINE ISOLATION VALVES: VALVE BOXES: SCH 40 PVC FITTINGS: SCH 80 PVC NIPPLES/FITTINGS: SWING JOINTS: SOLVENT CEMENT/PRIMER: DRAIN VALVES: AIR RELIEF VALVES: PUMP STATION(S): FILTRATION: AERATION: WIRE: CONDUIT: SPLICES: CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 1 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION SCOPE The work covered in this Section of the Specifications will be completed by the CONTRACTOR and will follow the spreading of topsoil phase and shall include, but is not necessarily limited to, furnishing all labor, equipment, materials and supervision required to put final shape and contour and elevation to all tees, fairways, roughs and greens and to include all golf course features. The CONTRACTOR shall clean all areas of debris and unsuitable materials, smooth and prepare all surfaces for the finish grading and grassing phases. He will ensure proper drainage in all areas and in and around all golf course facilities. GENERAL The CONTRACTOR shall understand that the Finish Grading phase of golf course construction involves the most artistic and creative portion of the work, and he shall coordinate, cooperate and work closely with the GCA in obtaining the desired results. Should additional topsoil or fill materials be required during this phase, the CONTRACTOR, GCA and OWNER shall come to written agreement as to the scope and method of payment before additional work is performed. In order to achieve the desired golf course, the GCA and OWNER may decide to alter work previously completed per plans and/or instructions. Any adjustments shall not exceed the use of a D-6 bulldozer or equal for an average period of 6 hours per hole and practice area at no additional cost to the OWNER. Should any modifications be required beyond the scope of the contract the CONTRACTOR shall submit his not to exceed estimate to the GCA and OWNER for written approval prior to the performance of the work. The finish grading operation shall begin after the irrigation and major drainage work and rough shaping has been completed in a given area. The GCA shall be notified prior to any finish work so that he may inspect all work to that point and aid the CONTRACTOR in scheduling the finish grading. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 2 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION TOPSOIL TESTING Prior or the finish grading operation, fairway and rough areas shall be pH adjusted at the rate dictated by soil test recommendations. Because soil conditions may vary from hole to hole, it is advisable that a composite soil sample be taken from each fairway and that those samples be tested so that proper rate of soil amendments may be applied. Putting surface and surrounding areas and tees shall be pH adjusted at the rate dictated by soil test recommendations. Soil tests will be completed at the OWNER's expense. Should the test require a special fertilizer or a rate of application exceeding that originally bid, the GCA, CONTRACTOR and OWNER shall come to written agreement regarding scope and method of payment before additional work starts. MATERIALS Materials under this section will comprise purchased topsoil, if required, fertilizer, line or sulphur, and materials for bunkers. Additional rock and tile for drainage may be requested or required during this phase. Ground dolomitic limestone shall have at least 98% passing a 20 mesh sieve and at least 40% passing a 100 mesh sieve. Limestone shall contain form ten (10) to twenty (20) percent magnesium reported as the oxide. Lime shall be worked lightly by raking, tillage or other approved method into the top three (3) inches of soil. Elemental sulphur, PROTURF Sulphur, or approved equal may be used to lower the pH. The sulphur should disperse to a -40 mesh when contacted with water. Particle size should be that of a greens material. Gypsum or sulphur shall be incorporated to a depth of six to eight (6-8) inches by discing, harrowing or other acceptable method within 24 hours to correct sodic or saline soils. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 3 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION CONTRACTOR shall take care that spreading materials for pH adjustment be done under favorable climatic conditions to assure uniform distribution and coverage. All materials and methods of application under this paragraph shall be subject to the approval of the GCA and the OWNER's representative. The fertilizer shall be manufactured from quality materials, be free from impurities, uniform in composition, meet recognized standards for effectiveness and be free flowing and suitable for application with approved equipment. The basic fertilizers shall be of a turfgrass grade, containing monoammonium phosphate as the phosphorous source. The fertilizer analysis for greens, tees, fairways and rough shall be a 19-26-5 analysis that is fine particle, chemically homogenous, have a minimum of 75 percent of the total nitrogen (19 percent) derived from urea and methylene ureas, a minimum of 26 percent monoammonium phosphate. A physical blend fertilizer containing POLY-S shall meet recognized standards for effectiveness and shall be free flowing and suitable for application with approved equipment. The component analysis shall be 19-3-19. Particle sizes shall be closely matched to minimize segregation and maximize uniformity of spread. A minimum of 97 percent of the total nitrogen (19 percent) is to be derived from polymer encapsulated (POLY-S) coated urea, 3 percent from monoammonium phosphate and 19 percent from potassium sulfate. The analysis may be modified depending on soil test results. The fertilizer shall be delivered to the site in bags or other convenient containers, each fully labeled, conforming to applicable state fertilizer laws, bearing the grade and the trade name of the producer. Immediately prior to planting, the fairway and rough areas shall be fertilized at a rate and type determined by soil analysis. The starter fertilizer shall be applied to the seedbed surface. Care shall be taken when spreading fertilizer that there are no gaps during application. The fertilizer shall be applied under favorable conditions and by such approved methods as to ensure maximum uniformity of distribution. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 4 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION FERTILIZATION AND FINISH GRADING OF GREENS Prior to planting, the green putting surfaces and surrounding areas shall be fertilized at a rate and type determined by soil analysis. STEP, a micronutrients package, shall be incorporated three to four (3-4) inches into the seedbed surface at a rate of 400 lbs. per acre. The HD Starter Fertilizer (19-26-5) shall be applied at a rate of 320 lbs. per acre. NPK Turf Fertilizer Plus Minors (19-3-19) applied at a rate of 416 lbs. per acre, and STEP at 200 lbs. per acre to the seedbed surface. After the specified areas have been fertilized, all ridges and ditches shall be made smooth and all surfaces then "floated out" with a grading type tractor, followed by a Sand-Pro, or equal, with drag mat. The CONTRACTOR shall exercise extreme caution in this operation so as not to bring foreign matter into this area. Such negligence may result in the CONTRACTOR having to strip the greens mix of objectionable materials and replacing with approved mix. The CONTRACTOR shall be prepared to have four (4) greens floated per day. GCA shall inspect and approve final grades. The final planting bed must be smooth and firm in order for the seeds to be planted therein. The final surfaces must be free from water-holding depressions or pockets. All irrigation surrounding the greens should be thoroughly tested and monitored. The CONTRACTOR, before planting, shall inspect each area to make sure the planting bed has been properly prepared. The grassing superintendent and the GCA must be in agreement on the acceptability of the planting bed. TEES, FAIRWAYS, ROUGHS SEEDBED PREPARATION The CONTRACTOR will take all necessary precautions to prevent damage to fairway drain pipe and irrigation pipe and wiring previously installed. All pipes shall be tamped with sufficient earth fill if necessary. Should damage occur, it will be the CONTRACTOR's responsibility for repair at his expense. All grades and contours previously established in the rough shaping operation will be maintained and enhanced. Any damage or disruption to these grades or contours will be repaired to the original and intended grades by the CONTRACTOR. CONTRACT OR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 5 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION All service roads, except those designated to remain, shall be thoroughly disced, tilled, harrowed and floated and generally prepared the same as fairways. Rocky areas in the roughs shall be covered with at least four (4) inches of topsoil. The fairways and roughs shall be disced in at least two different directions, then cross- harrowed and cleaned, smoothed and floated by means of a tractor drawn board or pipe drag, steel mat, soil surgeon, or equal to finish grades. The discing and harrowing shall be done in a manner that will ensure the least amount of soil erosion and will be to a minimum depth of six (6) inches. In unusually rocky and objectionable soils it may be necessary for the CONTRACTOR to complete several operations in order to achieve a satisfactory and clean seedbed. All clods, rocks, roots, sticks, vegetation or any other objectionable material greater than 3/4" in diameter will be reasonably removed from the seedbed to a minimum depth of two to three (2-3) inches. All clods shall be then pulverized and all areas blended into existing grades. This shall ensure that there are no spots which shall hold water and that the surface is such that a gangmower set to 1/2" in height will not scalp any area. In the selectively cleared area that will be grassed, care should be taken not to damage any trees or tree roots or vegetation designated to remain. It will be at the CONTRACTOR's discretion to use the equipment of his choice, such as root rakes, drag harrow, scotch chains, side delivery rakes or specialized rock picking equipment or hand labor to accomplish the required and desired seedbed finish. Any vegetation, roots, rocks, sticks or any other objectionable materials that are collected during this phase of construction shall be hauled off the site or buried upon approval and at a location specified by the GCA and OWNER. During the seedbed preparation phase, should the topsoil produce an undue amount of objectionable material that is other than anticipated in the CONTRACTOR's proposal, the OWNER and GCA shall be notified immediately and upon mutual written agreement between OWNER, GCA and CONTRACTOR arrive at an expedient and economical solution. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 6 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION FERTILIZATION OF FAIRWAYS, TEES AND ROUGHS The CONTRACTOR is to use careful judgement in the application so as not to go across tee tops or destroy previously graded features of the golf course. It will be the CONTRACTOR's responsibility in those areas where the spreader will damage the golf course to lime and fertilize these areas with hand held spreaders. As soon as possible following the spreading of the topsoil, and not more than 7-14 days prior to the grassing of the golf course, the soil amendments shall be applied at the prescribed rates to the tees, fairways and roughs. The soil amendment shall be thoroughly disced or harrowed into the seedbed to a depth of six (6) inches. Immediately prior to planting, the tees, fairways and rough areas shall be fertilized at a rate 9 of 320 lbs. per acre with HD Starter Fertilizer (19-26-5). It shall be of a turfgrass grade, containing monoammonium phosphate as the phosphorous source. The fertilizer shall be a 19-26-5 analysis fine particle, chemically homogenous, have a minimum of 75 percent of the total nitrogen (19 percent) derived from urea and methylene ureas, a minimum of 26 percent monoammonium phosphate. The tees, fairways and rough areas will be fertilized at a rate of 312 lbs. per acre. The physical blend fertilizer should contain POLY-S. The component analysis shall be a 19-3- 19. Particle size shall be closely matched to minimize segregation and maximize uniformity of spread. A minimum of 97 percent of the total nitrogen (19 percent) is to be derived from polymer encapsulated (POLY-S) coated urea, 3 percent from monoammonium phosphate and 19 percent from potassium sulfate. The analysis may be modified depending on soil test results. The starter and POLY-S fertilizer shall be applied to the seedbed surface no more than 2 days prior to planting. If the ground becomes wet or cakes over before planting, it will be reharrowed. The harrowing and floating will ensure a smooth, level and soft plant bed. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 7 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION Care shall be taken when spreading fertilizer that there are no gaps during application. The fertilizer shall be applied under favorable conditions and by such approved methods as will ensure maximum uniformity of distribution. TEES, FAIRWAYS, AND ROUGHS COMPLETION Required final floating and finishing of all areas of the golf course will follow seedbed preparation operation. This will be accomplished by tractor drawn (using turf tires) equipment selected by the CONTRACTOR such as boards, drags, chains, scotch chain, drag mats, etc. in order to achieve a final and finished grade prior to grassing. The CONTRACTOR will smooth, float and prepare the surface of the tees under the direction of the GCA prior to grassing. This operation will be accomplished by the use of a box blade, triple board drag, soil surgeon or equal drawn by a farm tractor. At the completion of the seedbed preparation operation and prior to any grassing, the GCA shall be notified for his approval. Should the grassing operation begin in a given area before the seedbed operation in an adjacent area is 100% complete, the CONTRACTOR shall coordinate to ensure that no damage is incurred to the areas previously grassed. BUNKER COMPLETION The bunker completion is a finish grading/seedbed preparation operation and shall be completed prior to grassing. Close coordination shall be kept with the GCA for final shaping, shelling out, drainage and sodding. If prior to finish grading of bunkers it is determined by the GCA and OWNER's representative that a bunker liner is necessary, the CONTRACTOR shall install according to unit prices, Terra-bond liner or equal to manufacturer's specifications (see detail). CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 8 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION Following the marking of the bunkers and prior to sodding, the CONTRACTOR shall ensure visibility to the majority of the bunker bed from the area where the shot will be played. Then the CONTRACTOR shall prepare the final subgrades of all bunkers by hand. The bunkers shall be shelled out, edged by hand according to the shape indicated by the typical bunker detail or GCA instruction, hand worked, lipped, four (4) inches perforated ADS N12, or equal pipe and gravel with blow out installed and connected to outfall drainage. The CONTRACTOR shall insure that all bunker drains work properly. Drains which do not work shall be opened up, flushed out, or replaced prior to the placing of sand within the bunker. If sand will not be installed for more than thirty (30) days after the installation of the perforated pipe, or if weather conditions are such that the pipe could clog, the CONTRACTOR shall also cover all drain lines with plastic to prevent clogging prior to the placement of sand. The CONTRACTOR will smooth, prepare and sod all areas designated to be sodded around bunkers. After the slopes, mounds, fingers and faces of bunkers have been fine graded, and drain lines installed in bunkers, areas to be sodded, as shown on plans and/or otherwise directed by GCA, (lips and fingers of traps, grass depressions) shall have been hand raked clean of debris and tamped firm by the CONTRACTOR to the approval of OWNER or GCA. HD Starter (19-26-5) fertilizer, shall be spread prior to installation of sod at the rate of 320 lbs. per acre. Sod shall consist of live, growing plants secured from sources where the soil is fertile and shall have a healthy, virile root system or dense, thickly matted roots throughout the soil of the sod for a minimum of one (1) inch. Sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to growth or which might affect its subsistence or hardiness when transplanted. Only sod secured from approved sources shall be used. The perimeter of all fairway greens bunkers shall be sodded with not less than a two (2) foot strip of the appropriate sod along with the fingers completely sodded and stabilized with stakes if necessary. Planting shall be in rows at right angles to the slope. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 9 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION A minimum of six (6) inches of approved sand shall be placed by the CONTRACTOR, unless otherwise stated in the finish grading contract. Unless otherwise stated, it shall be the responsibility of the CONTRACTOR to purchase the sand, haul and place in the bunkers. The CONTRACTOR shall provide laboratory analysis of trap sand to ensure proper particle size distribution. The sands particle size range is almost identical to that of the sand used in greens construction, if the fines (particle below .25mm) and the very coarse (particles above 1mm) are screened and removed. All sand should pass through a No. 16 mesh screen (1mm) and be retained on a No. 60 (.25mm) mesh screen. Ideally a minimum of 75% of the sand should be in the medium range (.25 to .50mm) with the remainder in the course range (.50 to 1mm) with virtually all the clays and silts washed out. The color of the sand should be white or tan and the composition should be of sharp angular Quartz or Silica sand. The playability of the sand is significantly determined by the particle size and should be tested by a testing laboratory to ensure proper playability. Random samples should be tested prior to installation to ensure proper consistent playability. Unless otherwise stated in this Contract, it is the responsibility of the CONTRACTOR to spread the sand in the bunkers, hand raking into place and maintaining a minimum settled depth of six (6) inches in the bottom of the bunker and six to eight (6-8) inches on the bunker face. Grade stakes shall be used to ensure proper depth if required by the GCA. If necessary the bunker sand shall be immediately covered by CONTRACTOR with tyvek or filter fabric to keep sand from being contaminated. PRACTICE AREA The practice tees shall be treated in the same manner as regular tees. The practice fairways and adjacent rough areas shall be treated in the same manner as regular fairways and rough areas. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 10 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION Target greens shall be located and shaped as indicated on the grading plans or as directed in the field by the GCA. The surfaces of the target greens shall be approved topsoil and prepared in the same manner as the fairway. CLEAN UP CONTRACTOR shall be responsible for decommissioning/removal finish grading and the seedbed preparation of temporary erosion control features such as sediment traps/basins, diversion berms, stone filters, etc. within golf course areas. This work shall be performed as soon as final stabilization of the contributing drainage area occurs or at such a time as the soil conservation agency representative approves the decommissioning. The final grades shall be as per the plans as may be reasonably adjusted by the GCA or OWNER. CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 11 of 11 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR FINISH GRADING, SEEDBED PREPARATION & BUNKER COMPLETION SITE SPECIFIC REQUIREMENTS: LIMITS OF WORK: CONTRACTOR INITIALS TOLL BROS, INC. INITIALS COMMUNITY: Page 1 of 5 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ASPHALT CART PATHS GENERAL ASPHALT CART PATHS REQUIREMENTS : Contractor shall provide all tools, equipment, labor, materials and protection required to construct all asphalt cart paths and asphalt curb in accordance with the plans and specifications . Owner will approve the routing of cart paths prior to the beginning of this phase . Ample turn areas will be required for loops and all curves/turns shall be gradual to help keep carts on paths . Contractor will grade the floor of the path to blend with the existing contoured elevations so that no water will be trapped on either side of the path . Contractor shall pave six foot (6 ' ) and eight foot (8 ' ) wide cart paths and curbs in the areas rough graded by others . Contractor shall accept subgrade for cart path installation within +/- 6" from proposed subgrade . Areas that require extra widths shall be marked on the plan by the Contractor . Contractor shall install asphalt cart path to the depth and width shown on the construction plans . Contractor shall provide mix design and certifications for bituminous materials being placed if required by Owner. Contractor shall fine grade and compact all areas to be paved to subgrade elevations . Contractor shall provide loaded tandem dump truck and shall proof roll prepared subgrade in presence of Toll . Any unsuitable or unstable areas in the designated paved area shall be undercut and brought to grade with suitable subgrade material . Any undercutting, fill or stone placement outside the base contract scope shall be conducted by the Contractor only by prior authorization by Toll through the issuance of a Site Improvement Work Order . This shall be done at no additional charge if the Contractor prepared the subgrade . CONTRACTOR INITIALS : TOLL BROS, INC . INITIALS : COMMUNITY: Page 2 of 5 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR ASPHALT CART PATHS Contractor shall fine grade, install and thoroughly compact the stone subbase . Contractor shall make final adjustments to the proper finish grade for the following when encountered in the performance of his work: water & gas distribution curb boxes, storm sewer or sanitary sewer castings, irrigation valve boxes, swales, etc . . Contractor shall make every effort to make each entry and exit blend in with the final grade of the fairway and/or rough . Contractor shall insure that the overland drainage patterns & storm water management system function as designed as it relates to the cart paths . Contractor shall be responsible for all clean-up and removal of waste pertaining to cart path installation and shall grade clean material back to edge so as to insure that turf or seeded grass installed on each side of the path will not impound water . Contractor shall take all precautions necessary to ensure that cart path is properly protected from traffic and poor weather . Contractor is responsible to prevent any puddling from occurring on the finished cart path . Contractor shall take all required action to repair or replace areas where puddling occurs . The Contractor shall be responsible for all cutting, fitting and patching that may be required to complete the work which shall be provided by the Contractor without additional charge to Toll . All paving shall be upon an approved surface, spread and struck off to the grade and elevation required . The surface upon which the bituminous concrete is to be placed shall be clean of all foreign and loose material, dry and free from ice when the paving operations are about to start and shall be maintained in that condition throughout paving operations . CONTRACTOR INITIALS : TOLL BROS , INC. INITIALS: COMMUNITY: Page 3 of 5 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ASPHALT CART PATHS If paving materials are being placed against existing pavement or if the edge of the previously placed pavement is too cool to form a bond with the mixture being placed in the adjoining strip, the edge shall be painted with a uniform coating of tack coat material . If such joint edge is not vertical, it shall be cut-back to an approximately vertical face . All bituminous material shall be procured from a certified batch plant . These materials shall be transported to the job site in trucks with clean bodies, covered in such a manner as to protect the paving material from the weather . Delivery of the bituminous materials shall be in sufficient quantities and at such intervals to permit continuous placement of the material with minimal stopping and starting of the paving operation. Failure to maintain such delivery shall be cause to suspend the work. After bituminous mixture has been spread, struck off and surface irregularities adjusted, it shall be compacted thoroughly and uniformly by rolling. The paved surface shall be rolled when the mixture is in the proper condition and when the rolling does not cause undue displacement, cracking, stretching, or showing . Rolling shall be continued until all roller marks are eliminated and the air voids of the pavement conform to the specified requirements . Any mixture that comes loose and broken, mixed with dirt, or is in any way defective, shall be removed and replaced with fresh hot mixture, which shall be compacted to conform with the surrounding area. Any area showing an excess or deficiency of bituminous material shall be removed and replaced, at no additional expense to Toll . The Contractor is responsible to insure that all manhole covers, water valves, storm inlets, and the like, are at proper grade to receive pavement . If the Contractor fails to notify Toll of any problems with same, the Contractor unconditionally accepts total responsibility for any and all repairs needed. CONTRACTOR INITIALS : TOLL BROS , INC. INITIALS : COMMUNITY: Page 4 of 5 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR ASPHALT CART PATHS All material bill of Lading Tickets shall be released to Toll when the material arrives on the site . When ordering materials, Contractor must specify to the suppliers the following relevant information which must be written on the material tickets . a . Community Name and Section b . Specific area of work (i . e . , street name, stationing where material is being placed) Contractor shall deliver material tickets to Toll at the Construction Office on a daily basis if requested. • • • CONTRACTOR INITIALS : TOLL BROS, INC. INITIALS : COMMUNITY: Page 5 of 5 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR ASPHALT CART PATHS SITE SPECIFIC REQUIREMENTS : Specification *Inches of Fine Aggregate Base Course Over **Inches of Dense Graded Aggregate Compacted to 95% Modified Proctor Density *2" If Not Otherwise Specified **4" If Not Otherwise Specified LIMITS OF WORK: CONTRACTOR INITIALS : TOLL BROS , INC. INITIALS : COMMUNITY: Page 1 of 5 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE TREES AND PLANTINGS GENERAL REQUIREMENTS FOR GOLF COURSE TREES AND PLANTINGS Plant names shall agree with the nomenclature of "Standard Plant Names" as adopted p ed by the American Joint Committee on Horticultural Nomenclature . Names of varieties not listed therein shall conform generally with names accepted in the nursery trade . Size and grading standards shall be in accordance with the Plan . If not specified, size and grading shall conform to the greater requirement of the municipality or the "U. S .A. Standard for Nursery Stock" as sponsored by the American Association of Nurserymen . A plant shall be dimensional as it stands in its natural position . Stock furnished shall be a fair average between the minimum and maximum sizes specified although the Contractor may, at his option, supply oversize plants, provided that this does not affect the Contract price, large plants cut back to size will not be accepted. All plants shall be typical of their species of variety. They shall have( normal well developed branches, and vigorous fibrous root systems . They shall be free from disfiguring knots, sunscale injuries, abrasions of the bark, plant diseases, insect eggs, borers and all forms of infestation . All plants shall have been local nursery grown unless otherwise stated. Plants shall be trained in development and appearance with regard to form, number of branches, compactness and symmetry. Plants shall be freshly dug or container grown . Do not make substitutions . If specified landscape material is not available, submit letter stating nursery sources investigated to Toll, together with proposal for use of equivalent material . No substitutions shall be permitted except by written permission of Toll . CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 2 of 5 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE TREES AND PLANTINGS Planting: Contractor shall layout individual tree and shrub locations and areas for multiple plantings . Stake locations and outline areas and secure Toll ' s acceptance before start of planting work. Make minor adjustments as may be requested. In bed areas Contractor shall loosen the subgrade of planting bed areas to a minimum depth of 6" using a rototiller or hand fork. Remove stones, sticks, rubbish and other extraneous matter. Spread planting soil mixture to minimum depth required to meet lines, grades and elevations shown, after light rolling and natural settlement . In bedding areas adjacent to walkways, finish grade of topsoil shall be such that there is adequate area to accept mulch . For trees and shrubs Contractor shall excavate pits , beds and trenches according to the planting details shown on landscape drawings . If not specified, planting pits shall be dug large in accordance with American Nurseryman ' s Association Standards . Where excavated material is not suitable for backfill it shall be removed and disposed of on site and acceptable topsoil from on site shall be transported to the planting area for backfilling . Topsoil disposal and topsoil stockpile areas shall be designated by Toll . If topsoil is not available on site Toll, may at his discretion, issue a work order for the purchase of imported topsoil . Top soil backfill shall be firmed at 6" to 8" intervals and thoroughly settled by foot tamping around entire perimeter of plant ball . All plants shall stand after settlement at the same level at which they have grown. Care shall be taken that plants are set plumb . Scarify the root ball of all container grown stock all around prior to planting . Prior to backfilling, all strings at base trunk shall be cut to protect against strangulation. Contractor shall install a mulched tree saucer to a depth of no less than 4 inches . The saucer shall be neatly edged as to facilitate watering. All trees and plant material shall be watered to minimum requirements from time of planting to first rainfall of > 1/4 " . CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 3 of 5 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE TREES AND PLANTINGS Contractor shall stake all trees using three guy wires and rubber hose for protection . Maintenance The Landscape Contractor shall maintain all planting areas until accepted by Toll . The Contractor shall begin maintenance immediately after planting and shall maintain trees, shrubs and other plants until acceptance . Repairs and replacements arising from Contractors failure to comply with maintenance requirements as specified shall be made at his expense . Contractor shall restore all disturbed areas to their original condition . Prior to acceptance and during the guarantee period, Contractor shall replace, in accordance with drawings and specifications, any plantings that are dead, or, in the opinion of Toll, are in an unhealthy or unsightly condition, and/or have lost their natural shape due to dead branches, excessive pruning, inadequate or improper maintenance, or any other cause due to Contractor ' s negligence . Condemned material will be removed from site and replaced as soon as conditions permit, but during normal planting season, with plants of same kind and size as specified on the Plant List using methods as specified herein. Contractor shall guarantee plant material for a period of one year after date of acceptance, against, defects including death and unsatisfactory growth . It is the responsibility of the Contractor to monitor the condition of guaranteed plant material and report, to Toll any conditions which may affect the survival and/or guarantee of the material . SCOPE OF WORK Contractor shall furnish all labor, materials, equipment, services and related items necessary to complete all the work as indicated on the drawings, as described in the specifications and herein. The work includes but is not limited to the following : CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS : COMMUNITY: Page 4 of 5 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE TREES AND PLANTINGS (CHECK APPLICABLE ITEMS) Golf Course Trees Golf Course Plants and Planting Beds Seeding and sodding as specified on the drawing to the limits described herein . Fertilization, watering, insect & disease control during guarantee period Other : CONTRACTOR INITIALS : TOLL BROS, INC. INITIALS : COMMUNITY: Page 5 of 5 SECTION: CONTRACT DATE : EXHIBIT "A" SPECIFICATIONS FOR GOLF COURSE TREES AND PLANTINGS SITE SPECIFIC REQUIREMENTS : LIMITS OF WORK: CONTRACTOR INITIALS : TOLL BROS , INC . INITIALS: COMMUNITY: Page 1 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SEEDING- COOL CLIMATE GENERAL It will be the CONTRACTOR's responsibility to provide proper storage and protection of the seed throughout the planting operation. Prior to the seeding of any area, the GCA will stake, paint, flag or in some manner, establish the seeding limits of each specific type of seed. Seeding equipment shall be any regular seed spreader designed to deliver the seed in the specified rate and at a uniform coverage. When delays in operation carry work beyond the most favorable planting season or when conditions are such, excessive rain, high winds, etc., that satisfactory results can not be obtained, the CONTRACTOR will consult with the GCA and OWNER's representative to determine when seeding will commence so favorable results can be obtained. In any condition, CONTRACTOR will provide minimum 48 hours notice to OWNER and GCA prior to planting. Planting will not commence until irrigation system in the area is functional and has been tested and approval is granted by OWNER and GCA. Close attention and coordination between the seeding of greens and seeding or planting of the areas around the greens will be ensured by the CONTRACTOR. Both of these areas should be seeded or planted as close together as possible. Damage to finished grades, seeded or planted areas due to improper coordination will be the CONTRACTOR's responsibility to repair. Any area seeded incorrectly using seed or mixture of seeds other than that specified or field marked for a particular area shall be removed and reseeded at the CONTRACTOR's expense. After the seeding has been completed in various areas, the CONTRACTOR will erect suitable barricades and warning signs to divert traffic and to protect these areas from subsequent damage. Areas that are damaged due to the CONTRACTOR's failure to provide proper barricades or warning signs will be repaired by the CONTRACTOR and at his expense. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 2 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SEEDING- COOL CLIMATE Within one hour after an area consisting of three holes or more is planted, it becomes the responsibility of the OWNER and/or the OWNER's employees or representatives to provide the necessary attention to water and maintain the newly planted areas. All planted areas must be kept constantly moist until acceptance of a three hole area. For purposes of acceptance, the practice area (tee, fairway and practice greens) shall be considered as one three hole area. SEED SPECIFICATIONS All seed shall be labeled in accordance with the USDA Rules and Regulations under the Federal Seed Act and State seed laws. The kind and minimum percentage by weight of P.L.S. (Pure live seed) shall be those called official and tabulated in USDA Bulletin No. 480, or latest revision thereof. Listed below are the minimum and maximum grass standards. Grass Standards Pure Seed, minimum • 97.00% Germination, minimum 85.00% Inert, maximum 1.50% Weed seed, maximum 0.00% Other Crop Seed, maximum 0.00% Noxious weed 0.00% Seed types shall be true to name and shall be delivered to the site in sealed bags of the vendor bearing seed analysis and the date of the seed testing. The testing shall be within a period of six monthsprior to commencement of planting operations. At the request of the GCA a fifty (50) gram sample of each type* and seed lot shall be sent to an independent registered seed lab for testing. The seed shall be stored in such a manner as not to impair its effectiveness. * Bentgrass testing shall be based on a 2.5 gram sample Seed specifications have been made ideally, based upon availability of seed prior to planting, adjustments will be made to seed requirements if needed. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 3 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SEEDING- COOL CLIMATE GREENS The greens and fringe areas shall be seeded at a rate of 1.5 pounds per one thousand (1 ,000) square feet with TEES The tops of the tees or all usable tee space, as designed by the grading plans and the GCA, shall be seeded to , at a rate of pounds per one thousand (1,000) square feet. FAIRWAYS AND ROUGHS The fairways and roughs shall be seeded to a mixture of at a rate of pounds per acre. OUTER ROUGH The area, as designated to be the Outer Rough by the GCA, shall be seeded to at a rate of pounds per acre. SOD Sod shall be installed after the slopes, mounds, fingers and bunker faces have been fine graded, and the drain lines installed in bunkers, and shown on the plans and/or otherwise directed by the GCA. All areas to be sodded shall have been hand raked clean of debris and tamped firm by the CONTRACTOR to the approval of the OWNER and GCA. The GCA shall define the outer limits of all areas to be sodded either with paint, stakes, flags s or g in some form. HD Starter 19-26-5 fertilizer, shall be spread ( ) p prior to installation of sod at the rate of three hundred twenty (320) pounds per acre. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 4 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SEEDING- COOL CLIMATE Sod shall consist of live, growing plants secured from sources where the soil is fertile and shall have a healthy, virile root system or dense, thickly matted roots throughout the soil of the sod for a minimum of one (1) inch. Sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to growth or which might affect its subsistence or hardiness when transplanted. Only sod secured from approved sources shall be used. CONTRACTOR shall not use sod from areas where the roots have dried because of exposure to air and sun, nor from where grass has thinned from these or other reasons. All sodded areas shall be knotted neatly an firmly together, allowing no spaces, gaps, voids, or depressions within sodded areas. When laid on surfaces of slopes, which may cause sod to slide due to the height and slope of the surface or due to the nature of the soil, sod shall be stabilized by a method acceptable to the OWNER to ensure proper binding and to prevent slippage. Anchoring is best achieved by using wooden pegs to anchor the sod to the slope. The avoid interference with the future mowing operations, pegs shall be driven beneath the mower cutting height. Curvilineal shapes and forms shall be cut and trimmed with a sharp cutting tool to assure proper shapes and forms. Ten (10) acres of sod will typically be necessary for each 18 holes. For bidding purposes the quantity of ten (10) acres shall be used. SEEDING METHOD All seeding work shall be done between the dates and . When delays in operations carry the work beyond the most favorable planting season for the species designated, or when conditions are such, be reason of drought, high winds, excessive moisture, or other factors that satisfactory results are not likely to be obtained, the work will be stopped by the CONTRACTOR and shall be resumed only when directed. If an inspection either during seeding/sprigging operations or after seeding emergence shows that strips have been left unplanted, or other areas skipped, the CONTRACTOR may be required to sow additional seed in these areas. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 5 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SEEDING- COOL CLIMATE Green surfaces to be seeded shall include the putting surface and a six (6) foot wide collar encircling the putting surface. Areas outside the collar shall be considered shoulders and slopes and may be planted as fairways or roughs. A six (6) foot approach shall be outlined with paint, pennants or stakes by CONTRACTOR and be approved by GCA. Greens and tees shall be seeded by the use of a drop spreader or other approved method in at least two (2) perpendicular directions; by approved equipment and of the rates and types listed in the Material Specification Chart. Seed shall be sown uniformly over the designated area. The CONTRACTOR shall be prepared to have three to four (3 to 4) greens seeded per day. After seeding and fertilizing is completed, the seed shall be very lightly raked into the top one-quarter (1/4) inch of the green and tee bed surface and then tracked in with a Sand- Pro unit having "knobby" tires. Immediately after seeding and tracking-in, the area shall be protected against traffic or other use by erecting barricades, as needed, and placing approved warning signs at appropriate intervals. Fairways and rough areas shall be seeded by Brillion seeder, or other approved method in at least two (2) directions, with a minimum of 30 degrees difference in direction of passes. One half of the sowing rate shall apply to each direction. Drill seeding shall be done with approved equipment with drills not more than four (4) inches apart. Satisfactory survival will be evidenced when a solid stand of seedlings are produced, free of all foreign materials and erosion. Any areas that do not produce sufficient growth within 21 days of planting shall be replanted. All areas of erosion shall be patched and replanted by the CONTRACTOR. HYDROSEEDING Hydraulic equipment used for the slurry application of prepared fiber mulch shall be of the "super Hydroseeder" type, or other approved types. All seed shall be labeled in accordance with USDA regulations and state laws. Seed labels shall be inspected by OWNER's representative prior to removal from containers. The rate of seed is specified in the material specification chart. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 6 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SEEDING- COOL CLIMATE The slurry shall be processed in such a manner that it will contain no growth or germination inhibiting factors and shall be dyed an appropriate color to facilitate metering of materials. Operations may proceed only after free surface water resulting from recent rains or mechanical watering has drained away. Other moisture and weather considerations should be used as guides as if normal grassing practices were to be conducted. The mulch and water shall be combined into the slurry tank for distribution of all ingredients in one operation by hydraulic method. The slurry tank for distribution of all ingredients in one operation by hydraulic method. The slurry mixture shall be so regulated that the amounts and rates of application shall result in a uniform application of all materials. After hydromulch has been applied and allowed to dry, the seeded area shall be sprinkled, with a fine spray of water to prevent run-off, by OWNER and he shall continue to water often enough to keep the surfaces constantly moist. Hydroseeded areas shall be adequately protected from foot or vehicular traffic during the period that grass is being established. Additional hydromulching of bare or eroded areas may be required prior to final approval to obtain an erosion-free stand of grass. After three to four (3 to 4) weeks of favorable growing weather, bare spots shall be recultivated, reseed, raked and rolled by others as in the original work. SCHEDULE, MEASUREMENT AND PAYMENT The CONTRACTOR shall guarantee that he will plant a minimum of holes per week (average) and a minimum of greens per week (average) in order to complte the work within about working days, or allowing for weather and other unforseen delays, the CONTRACTOR shall be preparedintensify to his efforts so that under no circumstances shall the work not be completed on or before If the CONTRACTOR does not maintain the grassing schedule, the OWNER will have the option of ordering that the CONTRACTOR bring men and equipment onto the work site. If the CONTRACTOR does not or cannot maintain the schedule after such an order, the OWNER will have the option of bringing an additional contractor or contractors onto the job to supplement CONTRACTOR's work and to back-charge CONTRACTOR for any additional costs of the supplement work over and above the Contract amount. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 7 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SEEDING- COOL CLIMATE Prior to the completion of planting on each hole, CONTRACTOR shall notify the golf course superintendent (or designated OWNER's representative) to inspect the work in place. The sign-off sheet shall be filled out prior to completing the planting of each hole. This sheet, once signed and accepted, will transfer the duties of watering and grow-in to the OWNER. It will also be used to inspect the quality of materials and installation for each hole planted. The CONTRACTOR shall be paid for seeding the entire golf course in accordance with his total sum bid. All extra seeding shall be in accordance with the unit prices. Estimated area calculations for seeding the golf course are hereby submitted by the GCA. TOTAL GREEN SURFACES SQ. FT. TOTAL TEE SURFACES SQ. FT. TOTAL FAIRWAY AREA SQ. FT. TOTAL ROUGH AREA SQ. FT. TOTAL OUTER ROUGH AREA SQ. FT. TOTAL SOD FOR GREENS PERIMETER, GREENS SLOPES AND EDGES OF BUNKERS ADJACENT TO GREENS SQ. FT. TOTAL SOD FOR ALL OTHER BUNKER AREAS SQ. FT. TOTAL SOD FOR OTHER AREAS SQ. FT. TOTAL HYDROSEEDED AREAS SQ. FT. These estimated quantities shall be used for the payment of work unless the OWNER or CONTRACTOR requested actual field measurements. Should a field measurement be requested, it shall be done at the expense of the party requesting the measurement. The results of such measurement shall determine payment to the CONTRACTOR based on his unit price bid. CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: COMMUNITY: Page 8 of 8 SECTION: CONTRACT DATE: EXHIBIT "A" SPECIFICATIONS FOR SEEDING- COOL CLIMATE SITE SPECIFIC REQUIREMENTS: LIMITS OF WORK: CONTRACTOR INITIALS: TOLL BROS, INC. INITIALS: � "-,2v., 'Z By: David Hollander X��\);' Date: Feb 2004 GOLF COURSE BUDGET REVIEW BUDGET EXTRAORD- Bowes Creek DESCRIPTION ($) (NARY($) COMMUNITY: COST ACCOUNTSO &SUBTOTAL ACCTS — I. GOLF COURSE COSTS —� SOFT COSTS -GOLF COURSE(COST CENTER XXX01) $ 450,000 Golf Course Desi.n ArchitedIrri.ation 0 Jacob�or=Course Architect sE13111111111.111111 Other Softs En•ineerin•,Permits,Fees Bonds $ 700,000 $ All11 BtTers -- SUBTOTAL MUST TIE TO GOLF COURSE LAND SOFT BUDGET(Phase 1 CONSTRUCTION COSTS(COST CENTER XXX03) IIINIIIIIIIIII GOLF COURSE CONSTRUCTION $ 250,000 GOLF COURSE(Budget Phases 01-08) 235,000 18 Numbero of Holes Softs Surve ,Consultants,Mana•ement,Ins•ections,etc $ 111111111111 6000 Course Length 2010,2030,2040,2870,2900 $ 1 250,000 cIIIIIIIIIIIII p 00 Tee Areas Size(SF(SF) 20701Oo E&S,Excavation Incl.Lakes $ 250,000 �-- 2100,2199-2207,2220,2221 Rock/Unsuitable Soils $ 175,000 10,000 Aven Tee (SF) 2160 6500 Green Areas Lakes,liners,walls,aerators,water features $ 175,000 1111111111111111 2208-2219 Golf Course Draina•e $ 230,000 111011111111 011111111111 —500 Avg Green Size(SF) 2310 125,050 Banker Areas(SF) ,- $ 850,000 —50 Fairway Areas(Acres) 2225,3200,3260mmenni $ 300,000 31110111111111 3240 Irri•abon&Wells Incl.Pum•Bwldln. 150 Rough Areas(Acres) - . $ (EMI Acres 3280 Cad Paths&Trails 2-Tunnels • $300,000 ea. $ 1,160,0000,000 22 Area of Sod(Acres) 1,500 NumberLength of Sprinkler Heads 3220 Landsca.e,Si.na.e,Golf Pia E.ui. $ 450,000 2700,3320 $ 7,408,500 $ 0 —Path Misc,Contin.enc 10% — 131111111111111 Path Material(Asph.IConc) • p 00 Driving Range Tee(SF) SUBTOTAL MUST TIE TO AMENITY BUDGET(Phases 1-8) Buildin• $80.er s $ 576,000 7,200 Building Area(SF) Sitework Parkin•,Chemical Stora.e,Material Bins,Fuel $ 800,000 $ Metal wood frame,Const etc.) (Metal, -- etC.) SUBTOTAL MUST TIE TO AMENITY BUDGET(Phases 12+34) $ 800,000 GROW IN OPERATIONS Bud 1 et Phases 9&10 $ 800,000 $ Grow in All — 12 Months of Grow-in �— SUBTOTAL MUST TIE TO AMENITY BUDGET(Phases 9*10) G Phase GOLF COURSE MAINTENANCEMaim..E•OPmenN&Golf Cads)Purchased Onl $ 200,000 $ 150#of CartsNIIIIIII 1311111111111111 , _� SUBTOTAL MUST TIE RESTROOM SHELTERS(Phase 13&32 $ 150,000 Buildin• 2-Hi.hlands • $75,000 $ 50,000 Sitework $ 200,000 $$ 10,108,500 $ 0 2#Of Shelters 122 SUBTOTAL MUST TIE TO AMENITY BUDGET(Phases 13+32) II. GOLF CLUBHOUSE COSTS11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 SOFT COSTS -CLUBHOUSE(COST CENTER XXX02) Club Facili Land Plannm.En•lneenn• $ 90,000 BNIIIIIIIII 1 $ 150,000 $ TOTAL MUST TIE TO GOLF CLUBHOUSE LAND SOFT BUDGET(Phase 2) — GOLF CLUBHOUSE SITEWORK(Phase 11 $ 510,000 $ Phs 11 all but 2760 series Im•rovements Earthwork,Utilities Pavin•, Curb,Landsca.= $ SUBTOTAL MUST TIE TO AMENITY BUDGET(Phase 11) — GOLF CLUBHOUSE BUILDING(Phase 31) I EXHIBIT C Approvals and Permits For Bowes Creek Estates • Kane County Division of Transportation Highway Access Permit • Kane-DuPage Soil and Water Conservation District Land Use Opinion Application • Kane-DuPage Soil and Water Conservation District Soil Erosion and Sediment Control Plan Review • COE Wetlands Permit • FEMA Application/Certification for Conditional Letters/Letters of Map Revision and Physical Map Revision • U.S. Fish& Wildlife Services Permit • Archeological Survey • Illinois Historical Preservation Agency(ISHPA) • Kane County Stormwater Permit • Railroad Approval • IEPA Permit for Storm & Sanitary, Pollution and Water Quality • 118IHX3 ,'.j OF et • Iff. ; ;,'cry City of Elgin Agenda Item No. 2 s\V, 1I s ` E�RgTEDFF�'� � y L May 7,2004 G '1' 41 - . N : TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: David M. Dorgan, City Manager ‘`pal-. James R.Nowicki, Fiscal Services Director SUBJECT: Proposed Bowes Creek Development Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider entering into an agreement with Toll Brothers, Inc. for the Bowes Creek development. RECOMMENDATION It is recommended that the City Council approve entering into an agreement with Toll Brothers for the Bowes Creek development. BACKGROUND Toll Brothers is the contract purchaser of the. Bowes Creek Property. They have proposed constructing a golf course and clubhouse, which would be turned over to the City upon completion. Toll Brothers have proposed receiving a credit constituting 50% of the expenses for constructing the golf course and clubhouse. The proposed credit would be applied to the payment of the City's impact fees, building permit fees, and other fees and charges by the City. The credit is estimated at $7.25 million but in no event shall it exceed $8.0 million. To determine whether or not another golf course operation is financially feasible in our market area (since the City would become the owner and operator), staff contracted the company, Economics Research Associates (ERA), to perform a Golf Market and Financial Assessment. ERA was chosen because of their expertise in this area, their local presence, and the fact they had the necessary resources to provide the draft report in a very short time frame. Although the City contracted with ERA to perform the study, Toll Brothers has agreed to reimburse the City for the cost. A copy of the draft report is attached. The study examines the economics and demographics of the area, provides a market supply and demand analysis as well as a financial analysis. Table 28 on page 37 illustrates 10 years of revenues and expenses for the proposed golf course. It should Proposed Bowes Creek Development Agreement May 7, 2004 Page 2 be noted that ERA uses a somewhat conservative number of golf rounds in their calculation of revenues — 24,000 rounds in year 1; 26,000 rounds in year 2; 28,000 rounds in years 3-10 when compared to The Highlands. Over the past three seasons, The Highlands has averaged over 39,500 rounds per season. The difference, over 15,000 rounds in year 1 and over 11,000 rounds at stabilization in year 3, represents a 65% and 40% difference respectively when compared to the current three year average. Any additional rounds above the ERA estimate would directly enhance the bottom line resulting in a minimal increase to expenses. Page 38 of the report addresses both the impact on The Highlands of Elgin Golf Course as well as the impact on the City should the proposed Bowes Creek Golf Course be built. As pointed out in the study, the City stands to gain a $14 million asset at a cost of$7 million. The study also indicates that the market would not likely support a 27-hole program at The Highlands and the 18-hole Bowes Creek course. Assuming then that Phase III of The Highlands was not built, the $5 million that would have been used toward construction could be used to either offset a majority of the City's 50% share ($7 million)of Bowes Creek or toward another project. Finally, the study points out the added value of housing stock that surrounds a golf course or within a golf course community. Toll Brothers, with their initial development agreement have proposed a housing component, along with larger lots, that significantly enhances the overall tax base to Elgin—especially when compared to the previous developer. An analysis of the proposed golf course development agreement completed by Randy Trull is attached. Mr. Trull has previously assisted the City in the construction of The Highlands of Elgin Golf Course. His review of the proposed agreement and golf course plan highlights several areas that will need to be addressed in more detail as part of the final development agreement with Toll Brothers. The residential component of the development is currently being reviewed by the Community Development department and will be brought before the City Council in the very near future. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total cost of the golf course portion of the development is estimated at approximately $14.5 million. The City would be responsible for waiving various fees and charges totaling 50%of the golf course development or $7.25 million — based on the $14.5 million construction estimate. The g agreement indicates that upon completion of the golf course and clubhouse proposed construction, all improvements would be conveyed to the City. The operation and maintenance Proposed Bowes Creek Development Agreement May 7, 2004 Page 3 of the facility would be come the responsibility of the City. An independent analysis addressing the golf market and financial assessment/performance of an 18-hole golf course was completed by ERA. ERA concluded that while a subsidy may be required in the initial two years, the operation provided positive cash flow in all succeeding years. A review of existing impact fees indicates that over $6.8 million would be assessed on a development such as this. Should it be necessary, Riverboat proceeds could also be programmed in the out years to supplement any impact fees generated from this project. LEGAL IMPACT \\.10/ A draft of the proposed development agreement is attached. The proposed development agreement is essentially a preliminary conceptual agreement which is subject to and contingent upon the parties entering into a proposed second amendment to the annexation agreement for the subject property. The proposed development agreement may be summarized as follows: 1. The developer would construct an 18 hole golf course pursuant to the specifications attached to the development agreement as an exhibit. The developer would also agree to construct a clubhouse of approximately 10,000 square feet. The exterior architecture of the clubhouse will be mutually agreed upon between the developer and the City and incorporated into a proposed second amendment to the annexation agreement. The estimated total cost of the golf course and clubhouse facility is $14,500,000. The parties will agree that the approved plan shall not exceed $16,000,000. 2. Developer is to commence construction of the golf course no later than one year from the date of approval of the proposed second amendment to the annexation agreement or receipt of all permits whichever is later. Developer is to complete the golf course no later than three years from the date of commencement of construction. Developer is required to commence construction of the clubhouse no later than two years after the commencement of golf course construction and is required to complete construction of the clubhouse no later than three years after commencement of golf course construction. 3. Upon completion the developer shall convey to the City the golf course, clubhouse and other improvements located thereon to the City. 4. The City is to credit the developer fifty percent of the costs of the golf course and clubhouse facility. Such credit is to be applied against impact fees, connection fees and if necessary building permit fees charged by the City for the development until such fees account for fifty percent of the developer's expenses for the golf course but not to exceed $8,000,000. The developer and the City are to agree on an estimated cost of the golf course and incorporate same into a proposed second amendment to the annexation Proposed Bowes Creek Development Agreement May 7, 2004 Page 4 agreement. The City shall give the developer a fee credit at the time of each building permit. The fee credit shall be on a proportionate basis. For example, if developer was entitled to $7,250,000 in credits and the development consisted of 931 units, developer would be entitled to a fee credit of$7,787.33 on the various fees for each permit. 5. The development agreement would be subject to and contingent upon the City, developer and the owner of the property entering into a second amendment to the annexation agreement for the subject property providing for the various terms described in the development agreement with terms and conditions agreeable to the City, developer and the owner. In the event the parties do not enter into such a proposed further amendment to the annexation agreement for the subject property within six months of the date of the development agreement, then the City or the developer, upon written notice to the other party, may elect to terminate the development agreement and thereupon the development agreement would be null and void and of no further force and effect, and the existing annexation agreement for the subject property would remain in full force and effect. ALTERNATIVES 1. Approve entering into an agreement with Toll Brothers, Inc. for the Bowes Creek development. 2. Do not approve entering into an agreement with Toll Brothers, Inc. for the Bowes Creek development and continue to evaluate development options for the Bowes Creek subdivision. Respectfully submitted for Council consideration. JRN/kk Attachments E R A Economics Research Associates Final Draft Report Golf Market and Financial Assessment, Elgin, Illinois Submitted to: The City of Elgin Submitted by: Economics Research Associates April 19,2004 ERA Project Number: 15459 20 E. Jackson Boulevard Suite 1200 Chicago IL 60604 312.427.3855 FAX 312.427.3660 www.econres.com Los Angeles San Francisco San Diego New York Chicago Washington DC London L r ERA General Limiting Conditions Every reasonable effort has been made to ensure that the data contained in this study reflect the most accurate and timely information possible, and they are believed to be reliable. This study is based on estimates, assumptions and other information developed by Economics Research Associates from its independent research effort, general knowledge of the industry, and consultations with the client and the client's representatives. No responsibility is assumed for inaccuracies in reporting by the client, the clients agent, and representatives or any other data source used in preparing or presenting this study. No warranty or representation is made by Economics Research Associates that any of the project values or results contained in this study will actually be achieved. Possession of this study does not carry with it the right of publication thereof or to use the name of "Economics Research Associates" in any manner. No abstracting, excerpting, or summarization of this study may be made. This study is not to be used in conjunction with any public or private offering of securities or other similar purpose where it may be relied upon to any degree by any person other than the client. This study may not be used for purposes other than that for which it is prepared. Exceptions to these restrictions may be permitted after obtaining prior written consent from Economics Research Associates. This study is qualified in its entirety by, and should be considered in light of,these limitations, conditions and considerations. Golf Market and Financial Assessment — Final Draft Report Page i [ t ERA Table of Contents Introduction 3 Introduction 3 Economic and Demographic Context 4 Demographic Assessment 4 Economic Assessment 7 Market Analysis 9 Golf Course Market Supply Analysis 11 Golf Course Market Demand Analysis 21 Financial Analysis 31 Timing 32 Forecast Rounds Played 32 Forecast Revenues 32 Operating Expenses 34 Sensitivity Analysis 38 Golf Market and Financial Assessment — Final Draft Report Page 1 3 ERA Table of Figures Table 1.Population Comparisons, 1990 and 2000 4 Table 2.Population by Age Cohort,Year 2000 4 Table 3.Age Distribution 24 and Under 5 Table 4.Age Distribution 25 to 54 5 Table 5.Age Distribution Over 54 6 Table 6.Households by Income Trends, 1999 6 Table 7.Median Household Income 7 Table 8. Kane County Employment Trends (Thousands) 7 Table 9. Cook County Employment Trends (Thousands) 8 Table 10. Population Age 12 and over,2003 10 Table 11.Market area Golf Courses 16 Table 12. Market Population and Golf Supply Comparison,2003 20 Table 13.Primary Market Population 21 Table 14.Potential Golf Participants—Primary Market 22 Table 15.Potential Weekend and Weekday Golf Play-Primary Market 23 Table 16.Demand/Supply Comparison 23 Table 17. Secondary Market Population 24 Table 18.Potential Golf Participants-Secondary Market 25 Table 19.Potential Weekend and Weekday Golf Play- Secondary Market 26 Table 20.Demand /Supply Comparison 26 Table 21.Tertiary Market Population 27 Table 22.Potential Golf Participants-Tertiary Market 28 Table 23.Potential Weekend and Weekday Golf Play-Tertiary Market 29 Table 24.Demand /Supply Comparison 29 Table 25.Market Reconciliation 30 Table 26.Effective Greens Fees 33 Table 27. Banquet Revenues/ Costs 34 Table 28. Golf Course Financial Analysis 37 Golf Market and Financial Assessment — Final Draft Report Page 2 ERA Introduction Introduction ERA was engaged by the City of Elgin to identify the market and financial performance of a proposed golf course to be included in the Bowes Creek Estates development project. The. Bowes Creek Estates site covers approximately 600 acres and is planned to include approximately 770 higher-end residential units. The project site is located between Elgin and South Elgin,south of highway.20,east of highway 47, and west of Randall Road. The market study focuses on the analysis of supply and demand for golf in identified market areas surrounding the proposed golf course. Demand is approached as a function of the number of golfers estimated to live in the defined market areas, and the total number of rounds of golf they are expected to play in a given year. Supply is a function of the number of existing golf courses in the three separate markets, and the number of rounds those courses can realistically service annually. Supply and demand figures are then compared, providing a picture of the relative strength of the market for golf into the future. These indices are also compared with applicable data from the Chicago metro area(MSA definition), state-wide, regional, and national levels,to identify relevant similarities and differences. The financial analysis explores rounds played, revenues, and operating expenses. The financial analysis establishes a framework for the development of a 10-year forecast pro-forma for the Y P facility, which incorporates conclusions from the market study, and ERA experience with comparable golf course projects elsewhere in the U.S. These analyses will determine if current and forecast golf market conditions will be adequate for an additional golf course within the city. Data sources for this project include telephone interviews and site visits with competitive courses in the primary, secondary, and tertiary market areas. ERA also performed interviews with the City of Elgin and South Elgin's planners to assess the cities' growth projections. The primary sources of golf participation data are the National Golf Foundation (NGF) and the National Sporting Goods Association (NSGA). NGF is a not-for-profit industry organization supported by membership dues from golf companies that benefit from the Foundation's research reports. NSGA is a trade association that provides its members with services, education, research and statistical analyses regarding the sporting industry. Demographic data for market areas around the course were generated from ArcView/Business Analysis, a mapping and database software package. Corollary data,were compiled from the US Census. The data were evaluated by ERA and compared with operating histories for other public/municipal golf courses in the Midwest. Golf Market and Financial Assessment — Final Draft Report Page 3 i ERA Economic and Demographic Context Demographic Assessment The table below shows census population estimates for Elgin in 1990, 2000, and 2002. Other geographical areas are listed for comparison. The compound annual growth rate (CAGR) is also shown and represents annual population growth for the noted jurisdictions between 1990 and 2002. As shown, Elgin added about 1,600 residents during the 12-year period, reflective of a 1.9% annual growth rate. Elgin recently extended its boundaries west to approximately highway 47. With this new land, Elgin's growth rate is likely to be higher over the next few years than it was during this 12-year period. While Algonquin and South Elgin had the highest resident growth rate of 7%and 8.4%respectively, these communities added fewer new residents per year compared to Elgin. Table 1. Population Comparisons, 1990 and 2000 New Residents/ Change Year CAGR 1990 2000 2002* 1990-2002 1990-2002 1990-2002 United States 248,709,873 281,421,906 288,368,698 39,658,825 3,304,902 1.2% Illinois 11,430,602 12,419,293 12,600,620 1,170,018 97,502 0.8% Elgin 77,010 94,487 96,539 19,529 1,627 1.9% Kane County 317,471 404,119 443,041 125,570 10,464 2.8% Cook County 5,105,067 5,376,741 5,377,507 272,440 22,703 0.4% Crystal Lake 24,512 38,000 39,594 15,082 1,257 4.1% Hoffman Estates 46,561 49,495 49,795 3,234 270 0.6% St.Charles 22,512 27,896 30,963 8,451 704 2.7% Algonquin 11,705 23,419 26,362 14,657 1,221 7.0% Streamwood 30,987 36,732 37,654 6,667 556 1.6% South Elgin 7,485 15,673 19,651 12,166 1,014 8.4% *Estimate through July 2002 Source:US Census The following table highlights population percentages by age cohort by geographical area. The majority of Elgin's population is between ages 25 and 54. In the year 2000, about 40% of Elgin's population was under age 24, 45%was between the ages of 25 and 54, and 15%was over age 54. Table 2. Population by Age Cohort,Year 2000 Area <24 25 to 54 >54 United States 35% 44% 21% Illinois 36% 44% 20% Elgin 40% 45% 15% Kane County 39% 45% 16% Cook County 36% 44% 20% Crystal Lake 38% 46% 16% Hoffman Estates 37% 49% 14% St. Charles 35% 46% 19% Algonquin 39% 50% 11% Streamwood 36% 50% 14% South Elgin 36% 53% 11% Source:US Census Pa e 4 Golf Market and Financial Assessment - Final Draft Report g • ERA The next tables further examine populations by age in the listed jurisdictions. The table below shows populations under age 24 in 1990 and 2000, and also highlights the population change during this ten-year period. Elgin added about 7,200 people in the under 24-age bracket between 1990 and 2000. Although the under 24 age group tends to have lower golf participation rates and plays a majority of its rounds at discounted times, increases in this age group are significant when considering future investment in junior golf programs, a key policy decision for Parks and Recreation directors. Table 3.Age Distribution 24 and Under 1990 2000 Change United States 90,342,198 99,437,266 9,095,068 Illinois 4,159,316 4,456,349 297,033 Elgin 30,338 37,493 7,155 Kane County 125,664 158,905 33,241 Cook County 1,813,072 1,928,794 115,722 Crystal Lake 9,198 14,564 5,366 Hoffman Estates 18,013 18,215 202 St.Charles 8,165 9,809 1,644 Algonquin 4,485 9,030 4,545 Streamwood 12,357 13,197 840 South Elgin 2,749 5,626 2,877 Source:US Census The table below shows the population distribution of people between the ages of 25 and 54. Elgin added about 9,000 people in this age bracket during the ten-year period. The neighboring City of Crystal Lake added about 6,000 people in this age cohort, a significant percentage of its population in this cohort. Hoffman Estates, however, added only about 400 people in this age bracket. Increases in this age bracket are particularly important as NGF age based golf participation estimates focus on this age cohort as a key driver of public and private golf play. Both NGF and NSGA studies indicate that golf participation peaks in the 30 to 39-age cohort. Table 4.Age Distribution 25 to 54 1990 2000 Change United States 105,977,921 122,718,203 16,740,282 Illinois 4,860,056 5,422,286 562,230 Elgin 33,883 42,901 9,018 Kane County 140,430 182,059 41,629 Cook County 2,216,092 2,378,961 162,869 Crystal Lake 11,418 17,511 6,093 Hoffman Estates 23,905 24,351 446 St.Charles 10,558 12,915 2,357 Algonquin 6,011 11,761 5,750 Streamwood 15,891 18,433 2,542 South Elgin 3,499 8,382 4,883 Source:US Census The next table shows populations over age 54. In 2000, Elgin had about 14,000 people in this age cohort, an increase of only about 1,000 people during the ten-year period. The table shows that Cook County overall lost almost 7,000 people. Populations in this cohort are significant because although there are fewer senior golf participants, senior golfers make up an important Golf Market and Financial Assessment - Final Draft Report Page 5 --111.111 1 ERA Table 7. Median Household Income Area 1989 1999 CAGR Illinois $32,252 $46,590 3.7% Elgin $35,554 $52,605 4.0% Cook County $32,673 $45,922 3.5% Kane County $40,080 $59,351 4.0% Hoffman Estates $49,475 $65,937 2.9% South Elgin $41,869 $67,323 4.9% Streamwood $48,758 $65,076 2.9% Source:US Census Economic Assessment The majority of the city is located within the Kane County borders, but a portion of the city also lies within Cook County. The following tables highlight employment trends in both counties and shows the annual growth rate between 1990 and 2003. The table shows the percentage of total employment in each category. Overall employment grew at an annual rate of 2.4% between 1990 and 2003. Services, manufacturing, and retail trade were the categories employing the largest number of people. Services added approximately 26,000 people during the period, a significant number of employees. Table 8. Kane County Employment Trends (Thousands) Change CAGR 1990 2000 2003* 1990-2003 1990-2003 TOTAL EMPLOYMENT(THOUSANDS) 175 227 238 62 2.4% FARM EMPLOYMENT 0.9% 0.7% 0.6% -0.1 -0.3% AGRICULTURAL SERVICES,OTHER. 1.0% 1.2% 1.3% 1.3 4.4% MINING. 0.2% 0.1% 0.1% 0.0 -0.7% CONSTRUCTION 6.3% 6.0% 6.3% 3.9 2.4% MANUFACTURING 19.2% 18.6% 18.3% 9.7 2.0% TRANSPORT,COMM. &PUBLIC UTIL 2.7% 2.9% 2.9% 2.2 3.0% WHOLESALE TRADE 5.3% 5.1% 5.3% 3.4 2.4% RETAIL TRADE 18.6% 15.3% 15.0% 3.0 0.7% FINANCE, INS.& REAL ESTATE .. 8.4% 8.2% 8.4% 5.2 2.3% SERVICES 26.0% 30.5% 30.2% 26.3 3.6% FEDERAL CIVILIAN GOVT 1.1% 0.8% 0.8% 0.1 0.3% FEDERAL MILITARY GOVT 0.6% 0.4% 0.4% -0.2 -1.6% STATE AND LOCAL GOVT 9.8% 10.2% 10.4% 7.5 2.8% *Estimate Source:Woods and Poole The table below shows employment trends for Cook County and shows the annual growth rate between 1990 and 2003. The categories are shown as a percentage of total employment. As shown, manufacturing, retail trade, finance, insurance, and real estate (FIRE), and services employed the majority of people in Cook County. Not only is services a major employer,but the category also added a significant number of employees during the period. Approximately 278,000 employees were added between 1990 and 2003. FIRE added about 27,000 employees during the time period, also a significant number. Golf Market and Financial Assessment - Final Draft Report Page 7 A ERA Table 9. Cook County Employment Trends (Thousands) Change CAGR Category 1990 2000 2003* 1990-2003 1990-2003 TOTAL EMPLOYMENT(THOUSANDS) 3,135 3,328 3,370 235 0.6% FARM EMPLOYMENT 0.0% 0.0% 0.0% -0.1 -1.3% AGRICULTURAL SERVICES, OTHER 0.4% 0.5% 0.5% 3.8 2.2% MINING 0.1% 0.1% 0.1% -2.1 -5.2% CONSTRUCTION 4.0% 4.1% 4.1% 14.3 0.8% MANUFACTURING 15.2% 12.3% 11.9% -76.6 -1.3% TRANSPORT, COMM. &PUBLIC UTIL 6.1% 6.6% 6.7% 32.2 1.2% WHOLESALE TRADE 6.9% 5.2% 5.0% -47.9 -1.9% RETAIL TRADE 14.8% 13.8% 13.6% -5.4 -0.1 FINANCE, INS.&REAL ESTATE 10.9% 10.8% 10.9% 27.0 0.6% SERVICES 30.0% 35.7% 36.2% 278.1 2.0% FEDERAL CIVILIAN GOVT 1.9% 1.5% 1.4% -12.2 -1.7% FEDERAL MILITARY GOVT 0.6% 0.4% 0.4% -7.8 -3.8% STATE AND LOCAL GOVT 8.9% 9.0% 9.2% 31.5 0.8% *Estimate Source:Woods and Poole According to the Elgin Area Chamber, Elgin offers a quality work force that possesses a strong work ethic. The chamber lists several major employers including: Sherman Hospital (health care), First USA (credit card issuer), Grand Victoria (riverboat casino), Provena St. Joseph Hospital (health care), CR Industries (sealing devices), Verizon Wireless (cellular call center), and Matsushita Electronic (electronic distributor). Each of these companies employs 500 or more people. Demographic Implications The above assessment identifies several factors significant to this analysis: • Increases in the number of Elgin residents under age 24 are important when considering junior golf programs. • Growth in the number of residents between ages 25 and 54 is significant as NGF and NSGA research indicates that while people in this cohort have the strongest propensities to play golf, they play fewer rounds on a per person basis compared to seniors. • The small increase in the 55 and over age group has implications on golf play. While there are fewer senior golf participants, seniors are likely to golf more frequently. • The high percentage of household incomes greater than $75,000 is significant as NGF studies report that higher income residents are more likely to play golf. • ERA notes that families account for much of the demographic composition in and near Elgin. This fact is important as families have active lifestyles and may not allocate their free time to play golf. Golf Market and Financial Assessment - Final Draft Report Page 8 4 ERA market segment. Seniors tend to play significantly more rounds per person compared to other golfers. Table 5.Age Distribution Over 54 1990 2000 Change United States 52,389,754 59,266,437 6,876,683 Illinois 2,411,230 2,540,658 129,428 Elgin 12,789 14,093 1,304 Kane County 51,377 63,155 11,778 Cook County 1,075,903 1,068,986 -6,917 Crystal Lake 3,896 5,925 2,029 Hoffman Estates 4,643 6,929 2,286 St.Charles 3,789 5,172 1,383 Algonquin 1,209 2,628 1,419 Streamwood 2,739 5,102 2,363 South Elgin 1,237 1,665 428 Source:US Census Household Income The following tables highlight household income for the state, Elgin, Cook County, and Kane County. The majority of Elgin's households, 29%, earn between $25,000 and $49,999. An almost equally as large percentage of households, 28%, comprise the upper income bracket of households earning over $75,000. Household income trends are important when studying golf play as NGF studies report that higher income residents are likely to play golf. Table 6. Households by Income Trends, 1999 Cook Kane Income Bracket Illinois Elgin County County Less than $24,999 25% 18% 26% 16% $25,000 to$49,999 28% 29% 28% 25% $50,000 to $74,999 21% 25% 20% 23% Greater than $75,000 26% 28% 26% 36% Source:US Census The table below shows median household income trends in 1989 and 1999 and shows the CAGR for each area during this period. Median household incomes in all listed jurisdictions grew at CAGR's of 3.46%. Elgin's median household income increased from approximately $35,600 to $52,600. This is a notable CAGR increase of 4.0%, which is higher than comparable rates of inflation. Golf Market and Financial Assessment - Final Draft Report Page 6 FRA Market Analysis Market Area Definition Typically,the unique features of the surrounding market area,driving times, and relative location determine the market for golf. The proposed Bowes Creek Estates site is located east of Highway 47, west of Randall Road, and south of Highway 20. ERA's experience in market analysis for golf courses shows that roughly 75% of golfers at any particular course come from within a 15 to 20 minute driving time distance. Another 20%(+) drive from 20 to 30 minutes away and the remaining 2% come from significantly longer distances, typically out-of-state visitors on vacation or business. Given these general rules, and considering local traffic conditions, ERA concludes that the primary market extends out to a 5-mile radius from the proposed Bowes Creek Estates golf course. The secondary market extends to a 10-mile radius from the subject golf course and the tertiary market extends from a 10 to 20-mile radius around the proposed site. A map in the supply section of the report highlights these areas. The golf course will also have some "built- in" demand deriving from the residents living in the residential development surrounding the course. Income Income is an important factor when considering golf participation rates. As mentioned earlier, NGF studies report that higher income residents are likely to play golf. The chart below shows that about 51% of households in the primary market earn over $75,000 annually. The majority of households (about 46%) in the secondary and tertiary markets also earn above $75,000. This compares with the state of Illinois,where only about 30%of households earn over$75,000. Household Income Comparisons, 2003 ■Primary Market D Secondary Market•Tertiary Market■State of Illinois D 60% __- j r 50% m 40% I 30% 20% c _ c�i 10% h <$25K $25K-$34K $35K-$49K $50K-$74K >$75K Income Golf Market and Financial Assessment — Final Draft Report Page 9 • • ERA Age Age also plays an important role in determining golf participation. For example,NGF notes that populations between the ages of 25 and 54 are the key drivers of golf participation, seniors tend to play more often than other age brackets, and youth golf programs are important in establishing golf participation at an early age. The table below compares age cohorts in the primary, secondary and tertiary markets, and the state of Illinois. In all areas, the majority of the population is within the 35 to 44-age bracket. Each area also shows a large percentage of youth population. Table 10. Population Age 12 and over, 2003 Primary Market Secondary Market Tertiary Market State of IL Age Cohort Number Percent Number Percent Number Percent Number Percent 12-17 5,825 11% 18,878 11% 105,522 11% 1,101,398 10% 18-24 5,377 10% 18,979 11% 111,889 12% 1,268,282 12% 25-34 9,163 17% 28,277 17% 167,993 18% 1,764,397 17% 35-44 11,762 22% 35,592 21% 201,329 21% 1,941,337 18% 45-54 10,259 19% 30,234 18% 172,170 18% 1,760,214 17% 55-64 6,167 11% 17,695 11% 102,048 11% 1,160,631 11% 65-74 2,943 5% 9,268 6% 53,433 6% 772,519 7% 75+ 2,319 4% 8,154 5% 44,553 5% 749,635 7% Total 53,815 100% 167,078 100% 958,937 1000/, 10,518,413 100% Source:ESRI Business Solutions, ERA Implications • Over 50%of households in the primary market earn over$75,000. This can be compared to the city of Elgin overall where in 1999 approximately 28% of households earned over $75,000. The secondary and tertiary markets also a high percentage of upper income households as compared to the state overall. This is significant since higher income households are likely to be golf participants. • About 9%of the primary market's population is over age 65,which is slightly lower than the secondary and tertiary markets,and the state. The primary market does have high middle age populations, which could indicate that there are many families in this area. There is also a significant youth population in the primary market. These findings all impact golf participation in that fewer seniors play golf, but they play frequently, families are generally busy with many activities and may not include golf in their schedule, and high youth populations are important in terms of establishing junior youth programs. • The City of Elgin has a significant Hispanic population. According to the 2000 Census, the Hispanic population comprised roughly 34%of the total population, which is compared with the national average of 12.5% of the population. Roughly 16% of the primary market population is Hispanic, 22% of the secondary population, and 16% of the tertiary market. Race composition is important to note because NGF studies show that the Hispanic population has lower golf participation rates at low to middle income brackets. Golf Market and Financial Assessment — Final Draft Report Page 10 ERA Golf Course Market Supply Analysis In the three market areas, ERA identified 74 public courses, 23 private courses, and 3 resort courses. A map on the following page highlights these courses. Of these, there are 2 public courses in the primary market, seven public courses in the secondary market, and 37 public courses in the tertiary market. ERA visited many of the course sites and conducted phone interviews with all of the public courses in the market areas. A number of courses, especially in the tertiary market, noted a decrease in rounds within the last six years. The courses noted that the decrease is likely due to three main factors, saturation of courses in the market, and poor economic and weather conditions. Other courses,however,did not notice a large decrease in the number of rounds played. The following sections further describe the public course supply in the market areas. Current Supply -Primary Market • Black Hawk Golf Club is a public course located in St. Charles. Cost to play 18-holes, including a cart, is $42 during the weekday and $65 on the weekend. The course, which opened in 1974, expects about 28,000 rounds of golf this year and notes that the course has not experienced a noticeable increase or decrease in rounds over the last few years. ERA visited this course as part of the market study. The course is located among upscale houses situated on large lots. ERA notes that the existing clubhouse is old and does not seem to fit in with the surrounding upscale residential development. The clubhouse is a converted trailer and is located near old farmhouses that the course uses for maintenance and cart storage. A driving range is available,however, it is not attached to the clubhouse and access is difficult. • Highlands of Elgin is a city-owned and operated 18-hole course located in Elgin. Larry Packard designed the original course, which opened in 1971. The course constructed 9 new holes, which were available for play at the beginning of the 2003 season. Current plans call for the construction of an additional 11 new holes and the redesign of the original 9-holes. The redesign will widen the fairways in keeping with the design of the new construction holes. The course would then consist of nine new holes (which opened in 2003), seven original holes that will be redesigned, and another 11 new holes totaling 27 ho)es. Keith Foster designed the addition to the course. The current clubhouse is a temporary trailer, but construction plans also call for a new 23,000-square-foot clubhouse. There is a dining area available at the current clubhouse, however, there is not a large area for banquets and gatherings. Course fees are $32 on the weekday and $38.50 during the weekend for non- residents. Resident rates for 18-holes are $23 during the weekday and $31.50 on the weekend. A cart is $15 extra per person. The Highlands course averaged about 35,000 rounds in 2003. Rounds were down last year compared to a few years ago, probably due to the renovation. Golf Market and Financial Assessment — Final Draft Report Page 11 Study Area: Bowes Creek Estates r' Ir-- earl � ' 1. e.,,' Ti rif , _,, .....,...._ , . .34,, a ,,-2 N '''\- :. el 8( -. -/- ,r_ ../... r dere UA . 4 20 : s FA. 41 cj Cl ll 11/100 11.. i) a '.• r, .,4141.4 kb liZe" — .: 91111111114111111trom"111C4M.raa". Allidiblik -`L, � i n IlM �li..= • 'W . Bowes Creek Sites , I t II I , ■ �(1jJ '!. "Id lit [lit l i44kk.':, . w fA II 41k c, _ + ppll _,� �,.rt,x art rj f ��` ;fir 1 r,r':�®�� illi I .. � er * ,� _ w NM rorarpriiiilltir r Huv 30 • � j Tti � ip, r IFAI.11161 ;;Pr.". Make lCoun es r---7...-.'l .,fir f j� . , - *dil O ,owes Creek 6 arks � ^K ,f flake l AIM f F '\ v ! , ,f--- psmk l� ! - �. 1A p rom _� �• • ': 171 A ml . t , Sree Map U BA a r t r �� r, C AINaI $Hr ,..--it\.� cy� Ll A2 rba 1 :.� rrknXI ntorry ary �1wte Ilk f LV ii,'._'-! G � Record ay Ind corm elm mad ,11�-- r+ f u Warr body . K!- - f rae � f>, f�aisei use k , .�, ERA Current Supply—Secondary Market • Wing Park Golf Course is located in Elgin's Wing Park and is operated by the city's Department of Parks and Recreation. The 121-acre park also includes an aquatic center,bike path, tennis court, ball field, picnic shelters, play area, and band shell. Tom Bendelow designed the 9-hole golf course that was constructed in 1908. Cost to play 9 holes on the weekday is $12 and is $17 on the weekend. A cart costs $8 extra per person. This course is projected to average 33,000 9-hole rounds of golf in 2004. • Mill Creek Golf Club is a regulation length 18-hole golf course located in Geneva. The course, designed by Roy Case, opened in 1996. The course also offers a 9-hole pitch and putt practice course and has an academy that offers various lessons and learning programs. Cost to play the regulation length course is $55 during the week and $69 on the weekend, including the cost of a riding cart. The pitch and putt course costs $12 for adults and $9.50 for juniors. Mill Creek expects about 30,000 rounds of golf this season. ERA toured the clubhouse located at Mill Creek. The clubhouse is a well-appointed facility that offers meeting and banquet space, as well as a bar and pro shop. The course is located within a planned residential development featuring Shodeen Homes. Shodeen Homes owns the Mill Creek golf course, but American Golf manages the course. • Tanna Farms is a 9-hole par 36 course located in Geneva that opened in 2002. The course is adjacent to a planned residential development and is owned by Shodeen Homes. Shodeen Homes also owns the Mill Creek golf course, but the courses are independently operated. Cost to play 9 holes on the weekday at Tanna Farms is $24 and is $29 on the weekend. A cart costs $10 extra per person. • Pottawatomie Golf Club is located in St. Charles and was designed by Robert Trent Jones, Sr. in 1939. The course is a regulation 9-hole course that is operated by St. Charles Park District. The course expects between 40,000 and 42,000 rounds of golf this year (about 21,500 18-hole rounds). Cost to play 9-holes is $14.50 on the weekday and $16.50 on the weekends. Carts are $16 extra per rider. The course is located on the Fox River and is a certified Audubon Sanctuary. • Randall Oaks is an 18-hole course operated by the Dundee Park District. William J. Spear • designed the course, which opened in 1966. Cost to play 18-holes during the weekday is $32 and during the weekend is $39. A cart costs $16 extra per person. The course is under renovation and the first 9-holes have been completed. The course expects about 33,000 rounds this year and notes that it has noticed decreased rounds in recent years, which is attributed to the renovations that the course is undergoing. ERA included Randall Oaks in its site visits and notes that the course has a nice clubhouse with a banquet area and pro shop. • Rolling Knolls is an 18-hole public course located in Elgin. Rates for 2004 have not yet been determined, but the 2003 cost to play 18-holes was $27 on the weekends and $22 during the weekday. Carts were an additional $11.50 per person. ERA notes that this course has an Golf Market and Financial Assessment — Final Draft Report Page 13 ERA older clubhouse, but offers a restaurant, banquet area, and pro shop. Additionally, the course offers asphalt cart paths and appears to have good topic variation. • Streamwood Oaks is a 9-hole, municipal course located in Streamwood. The course was designed by Bob Lohman, and opened in 1990. In 2003, the course averaged about 26,000 rounds (13,000 18-hole equivalent rounds). Cost to play 9-holes is $13 during the weekday and $14 on the weekend. Carts are an additional $12 per person. Select Supply- Tertiary Market ERA conducted phone interviews with all of the public courses in the tertiary market, but conducted site visits at only a few of these courses. The findings are discussed below. • Bartlett Hills is a village owned 18-hole, public course located in Bartlett. The course originally opened in 1923 and was renovated in 1982 and partially renovated again in 2002. Rates to play 18-holes are $34 during the weekday and $44 on the weekends. A cart costs $15 extra per rider. The course expects about 42,500 rounds in 2004. Bartlett Hills has a well-appointed clubhouse facility that was constructed in 1996. The clubhouse includes a bar, grill, and pro shop. • Pinecrest is an 18-hole public course that is operated by the Huntley Park District. Ted Locke designed the course, which opened in 1972. Cost to play 18-holes, including cart, is $39 on the weekday and $53 on the weekend. The course expects about 34,000 rounds in 2004 and has noticed a decrease over the last few years. Pinecrest believes this is due to the large number of courses in the area. The Pinecrest course is not well marked and slightly difficult to locate. The clubhouse was closed during ERA's site visit and was not visible from the street's access point. • Prairie Landing is an 18-hole, public course located in West Chicago. The course opened in 1994 and was designed by Trent Jones, Jr. The cost to play both weekdays and weekends is $96 and includes a cart. The course is located adjacent to the DuPage County Airport. Prairie Landing's clubhouse is a large and new construction facility that includes a pro shop, restaurant, and banquet space. • St. Andrews includes two 18-hole courses and is also located in West Chicago. The Lakewood course at St. Andrews was designed by Edward B. Dearie and opened in 1929 and the St. Andrews course was designed by John McGregor and opened in 1926. Weekday cost to play 18-holes on either course, including a cart, is $54.50 and weekend cost is $59.50. The course includes a well-kept driving range and an older, but well-maintained, clubhouse. Sufficient parking space is available. • The Village Links of Glen Ellyn is a 27-hole course located in the tertiary market. The course originally opened in 1967 and was designed by Dave Gill. 18 holes of the course are currently undergoing renovation and are set to open at the end of June, 2004. The 9-hole course is open and remained opened during the renovation. Garrett Gill designed the course renovation. The renovation included rebuilding the greens to modern USGA standards, Golf Market and Financial Assessment — Final Draft Report Page 14 ERA replacing the original irrigation system, and updating the original course layout. Cost to play 18-holes is $52 during the weekday and $57 on the weekend. A cart is an additional $15. In 2004, the course will address the feasibility of constructing a new clubhouse. Other Considerations There are a number of implications to consider when looking at the supply golf in the market. • Predicting the Propensity to Play: Actual play in each market will vary due to competition of frequent and occasional golfers' time and the weather. While these golfers do play frequently, other popular recreational activities in the area compete for their time. The primary market in particular has a significant share of families with young children. In general, these people have less time for golf. Weather can also have considerable impacts. The actual propensity to play is generally less than the predicted potential to play. • New Course Construction: Using various sources, ERA identified several courses within 25 miles of Elgin that are either proposed, in planning stages, or under construction. These courses include: Within 11 to 15 miles of Elgin: > Beverly Golf Course, to be located in Hoffman Estates, is in the proposal stages and is currently under village review. The 18-hole daily fee course would be part of a 490-acre residential,retail, office and industrial space development. > Settler's Hill Golf Course, located in Batavia, is planning to add nine holes to its existing 18-hole municipal facility. No action is expected until 2007. > Barrington Farms Golf Course (1&2) is a proposed new, 27-hole golf course. The public course is in planning stages and will be located in Barrington. > Mackray Memorial Golf Club is an 18-hole public course, located in Barrington. The course, formerly known as Thunderbird, is currently undergoing reconstruction and will re-open in 2004. > Boulder Ridge Country Club, located in Lake in the Hills, has started construction on an additional 9 holes to its existing 18-hole private course. The expansion is expected to open in Spring 2005. The addition also includes a 143-acre expansion to the residential portion of the project. > Hoffman Park Golf Course is a unique development proposed for Cary. The project will include an 18-hole golf course, an aquatic center, fitness center, and hiking trails. The project is in proposal stages and review is three to four years away. Golf Market and Financial Assessment — Final Draft Report Page 15 Table 11. Market area Golf Courses Primary Market #of Weekday Course Name Type holes Fees Weekend Fees Cart Fee Yardage Rating Slope Par Black Hawk Public 18 $42 $65 Included 6,547 72.5 132 72 Highlands of Elgin Public 18 $32 $38.50 $15 6,853 72.7 123 72 Elgin Country Club* Private . 18 $80 $80 $21 6,347 70.9 128 72 Secondary Market Mill Creek Public 18 $35 $50 $20 6,390 70.6 127 71 Pottawatomie Public 9 $29 $33 $16/Person 6,010 68.2 116 70 Randall Oaks Public 18 $32 $39 $16/Person 6,225 70.4 118 71 Rolling Knolls Public 18 $22 $27 $11.50/Person 3,986 60.2 114 65 Streamwood Oaks* Public 9 $11 $15 N/A 3,404 72.9 125 36 Tanna Farms* Public 9 $24 $29 $10/Person 6,520 71.2 126 72 Wing Park Public 9 $12 $17 $8/Person 2,775 35.4 115 36 Eagle Brook* Private 18 $70 $75 N/A 6,736 72.6 134 72 Geneva* Private 9 $23 $28 N/A 5,853 68.8 130 68 Royal Fox* Private 18 N/A N/A N/A 6,816 N/A N/A 71 St. Charles* Private 18 N/A N/A N/A 6,906 N/A N/A 72 Pheasant Run Resort* Resort 18 $33 $47 $15 6,315 71.1 123 71 Golf Market and Financial Assessment — Final Draft Report Page 16 ERA Tertiary Market #of Weekday Weekend Cart Course Name Type Holes Fees Fees Fee Yardage Rating Slope Par Apple Orchard Public 9 $10.50 $11.50 N/A 1,275 N/A N/A 27 Arrowhead Public 27 $40 $50 $30 6,734 72.4 131 72 Barrington Park District Public 5 $13 $13 N/A 1,245 N/A N/A 15 Bartlett Hills Public 18 $34 $44 $15/Person 6,482 71.3 123 71 Bliss Creek Public 18 $25 $33 $12/Person 5,516 N/A N/A 70 Bloomingdale Public 18 $46.50 $51.50 Included 6,251 69 111 71 Bonnie Dundee Public 18 $27 $32 $16 6,036 68.3 112 69 Cantigny Public 27 $100 $100 Included 6,939 73.4 132 72 Chalet Hills Public 18 $69 $79 Included 6,877 73.4 131 73 Country Lakes Public 18 $36 $48 Included 6,875 71.9 121 73 Crystal Highlands Public 9 $10 $12 N/A 985 N/A N/A 27 Fox Run Public 18 $46 $50 Included 6,287 70.2 117 70 Fox Valley Public 18 $25 $30 $13/Person 5,927 68.5 118 72 Glendale Lakes Public 18 $38 $55 Included 6,190 69.2 121 71 Golf Club of Illinois Public 18 $44 $57 Included 6,958 73.1 130 71 Highland Woods Public 18 $29 $33 $24 6,846 72.1 120 72 Hilldale Public 18 $40 $47 $15/Person 6,432 71.3 130 71 Hughes Creek* Public 18 $22 $34 $10 6,506 72.2 117 72 Klein Creek Public 18 $71 $83 Included 6,701 72.6 132 72 Marengo Ridge Public 18 $37 $52 Included 6,636 71.9 128 72 Orchard Valley Public 18 $64 $71 Included 6,745 72.8 134 72 Palatine Hills Public 18 $35 $40 $15.50/Person 6,800 72.5 128 72 Phillips Park Public 18 $39 $48 Included 6,235 69.1 116 71 Pinecrest Public 18 $39 $53 Included 6,604 71.5 123 72 Poplar Creek Public 18 $50 $55 Included 6,311 70.2 126 70 Prairie Isle Public 18 $40 $57 Included 6,601 72.1 128 72 Prairie Landing Public 18 • $96 $96 Included 6,950 73.2 136 72 Redtail Public 18 $46 $61 Included 6,803 72.8 130 72 Schaumburg Public 18 $53 $59 Included 6,542 70.4 114 72 Settler's Hill Public 18 $39 $59 Included 6,630 72.1 130 72 St Andrews Golf Club-Lakewood Public 18 $54.50 $59.50 Included 6,666 71.5 121 72 Golf Market and Financial Assessment - Final Draft Report Page 17 ERA Tertiary Market Continued #of Weekday Weekend Cart Course Name Type Holes Fees Fees Fee Yardage Rating Slope Par St Andrews Golf Club-St.Andrews Public 18 $54.50 $59.50 Included 6,759 71.9 120 71 Valley Green Public 18 $21 $22 $22 3,841 N/A N/A 60 Villa Olivia* Public 18 $36 $42 $31 6,510 71.3 124 73 Village Links Of Glen Ellyn Public 27 $52 $57 15/Person 6,933 N/A 130 71 Walnut Greens Public 9 $9 $11 N/A 1,078 N/A N/A 27 Western Acres* Public 9 $23 $25 N/A 3,018 69.1 109 35 Cary* Semi-Private 18 $30 $37 $15 6,135 68.9 117 72 Aurora* Private 18 $65 $65 N/A 6,644 72.7 131 72 Barrington Hills* Private 18 $50 $65 N/A 6,795 72.9 136 71 Biltmore* Private 18 $70 $70 N/A 6,595 72.2 132 71 Boulder Ridge* Private 18 $50 $60 $18 6,600 71.8 130 72 Chicago Golf Club Private 18 $105 $115 N/A 6,574 72.1 130 70 Cress Creek* Private 18 $65 $75 N/A 6,628 71.6 122 72 Crystal Lake* Private 18 $60 $75 $17 6,385 71.4 132 71 Glen Oak* Private 18 N/A N/A N/A 6,503 N/A N/A 72 Hillcrest* Private 18 N/A N/A N/A 7,019 N/A N/A 72 Inverness* Private 18 N/A N/A N/A 6,750 N/A N/A 72 Lake Barrington Shores Country Club Private 18 N/A N/A N/A 6,392 N/A N/A 71 Medinah* Private 54 N/A N/A N/A 6713 N/A N/A 71 Old Wayne* Private 27 N/A N/A N/A 6,805 N/A N/A 72 Plantation At Rich Harvest Farms* Private 18 N/A N/A N/A 7,325 76.2 144 72 Stonebridge Country Club* Private 18 N/A N/A N/A 6,905 N/A N/A 72 Stonehenge Country Club* Private 18 N/A N/A N/A 6,779 N/A N/A 72 Terrace Hill Golf Course* Private 18 N/A N/A N/A 6,818 70.5 115 72 Turnberry* Private 18 $65 $75 $18 6,490 71.4 130 72 Doral Eaglewood Conference Resort and Spa* Resort 18 N/A N/A N/A 6,100 N/A N/A 72 Indian Lakes Resort* Resort 18 N/A N/A N/A 6,901 72.1 123 72 Source:National Golf Foundation,Sports Illustrated,Play 18,Individual Courses *2003 Rates Golf Market and Financial Assessment — Final Draft Report Page 18 ERA Within 20 to 25 miles of Elgin: ➢ A proposed 9-hole municipal course (the name is to be determined) located in Naperville is in planning stages. The course would be executive length. ➢ Hawthorn Woods Country Club is an 18-hole private community development project in late design stages. The project is located in Lake Zurich. ➢ Old Reliably Golf Club is a proposed course to be located in Island Lake. The new daily fee course will have 18 holes. The course would open in the next four to five years. ➢ Waters Edge Golf Course, located in Marengo, is a 9-hole daily fee course in planning stages. Construction for the course could start in Spring 2004. • Exported Rounds: Even though a golfer may live in a given market area, he or she may not necessarily play every round of golf within that same market area. In our study area, golfers drive to courses elsewhere in the northern and eastern Chicago areas and may play golf on vacations out of the state. These rounds that are played outside the market area should be considered "exported" rounds. Similarly, golfers who live elsewhere will come into the Elgin market to play some of their rounds of golf. • ERA notes that there are several courses located just outside the 20-mile tertiary market boundary. ERA identified an additional 21 courses within a 20 to 25 mile ring around the project site. This includes 15 18-hole equivalent public courses and 4 18-hole equivalent private courses. Supply Implications • Current poor economic conditions have lead to decreased golf play. ERA estimates that play has been reduced by 5%due to the slow economy. • As noted above,there are several public courses planned to open in and near the market areas over the next few years. Five of these courses are located in the tertiary market and include Mackray (renovation), Beverly Golf Course, Settler's Hill (addition), Barrington Farms, and Hoffman Park. The table below shows population per course estimates for the three market areas and in the Chicago MSA, the State, and the US. As shown, the project's primary market averages about 22,000 people per course, while the secondary averages about 21,000 people per course and the tertiary averages about 19,900 people per course. This compares to the US, which averages about 20,000 people per course and the Chicago MSA, which averages slightly more, about 27,000 people per course. The table suggests that there the primary market has fewer golf options compared to the secondary and tertiary markets. Golf Market and Financial Assessment — Final Draft Report Page 19 ERA Table 12. Market Population and Golf Supply Comparison, 2003 Courses(18-hole equivalent) Area Public Private Total Population Population/Course Primary Market 2 1 3 67,152 22,384 Secondary Market 5 4.5 9.5 208,135 21,909 Tertiary Market 35.8 24 59.3 1,180,329 19,912 Chicago MSA 239 106.5 345.5 9,369,448 27,119 Illinois 445.5 160.5 606 12,681,208 20,926 US 10,504.5 4,322.5 14,827 291,456,161 19,657 Source:ERA,NGF,ESRI Business Solutions • Golf Market and Financial Assessment — Final Draft Report Page 20 • ERA Golf Course Market Demand Analysis Demand Analysis Approach ERA generated golf demand estimates for the primary, secondary, and tertiary markets surrounding the golf course using 2003, 2005, and 2008 demographic estimates. ERA calculated the number of potential golfers and number of rounds demanded by using NSGA and NGF participation rates. The participation rates were applied to population numbers or respective age cohorts to determine the number of potential golfers. ERA used an age-based approach to estimate demand because the demand for golf largely depends on age. The following section describes the results. Primary Market The following table highlights the population by age in the primary market. It is important to understand age levels in a given market because according to NGF, participation follows a shallow bell curve beginning with the 12-17-age cohort, the lowest participation, and going to the 30-39-age cohort, the highest estimated participation. The table shows that in 2008 there will be approximately 12,000 people between the ages of 30 and 39 in the primary market. Table 13. Primary Market Population 2003 2005 2008 0-4 5,559 5,887 6,415 5-9 5,646 5,933 6,391 10- 14 5,328 5,907 6,896 15- 19 4,381 4,856 5,668 20-24 3,624 3,715 3,856 25-29 3,951 3,959 3,970 30-34 5,212 5,277 5,376 35-39 5,833 6,055 6,406 40-44 5,929 6,363 7,073 45-49 5,441 5,928 6,742 50-54 4,819 5,214 5,870 55-59 3,660 4,112 4,898 60-64 2,507 2,891 3,580 65-69 1,692 1,945 2,398 70-74 1,251 1,359 1,540 75-79 988 1,037 1,115 80-84 707 746 808 85+ 624 674 755 Total 67,152 71,859 79,757 Source:ESRI Business Solutions The following table shows the number of potential golf participants in the primary market for 2003, 2005, and 2008. The market population is divided into three age segments,youth (ages 14 to 24), middle age (ages 25 to 64), and senior (over age 65). Participation rates were applied to the market populations to determine the potential number of golfers in each age segment. The estimated number of total participants was then further distributed into the number of public aft Report Pa a 21 Golf Market and Financial Assessment Final Dr p g ERA course participants. As shown, there are an estimated 4,800 potential golfers in 2003, 5,200 potential golfers in 2005, and 5,700 potential golfers in 2008. Table 14. Potential Golf Participants-Primary Market Primary Market 2003 2005 2008 MARKET POPULATION 67,152 71,859 79,757 Youth(14-24) 8,005 8,571 9,523 Middle Age(25-64) 37,351 39,800 43,916 Senior(65+) 5,262 5,761 6,616 TOTAL 50,618 54,132 60,055 ESTIMATED TOTAL PARTICIPANTS Youth 825 883 981 Middle Age 4,968 5,293 5,841 Senior 474 518 595 TOTAL 6,266 6,695 7,417 PERCENT PLAYING PUBLIC COURSES Youth 85.0% 85.0% 85.0% Middle Age 75.0% 75.0% 75.0% Senior 85.0% 85.0% 85.0% PUBLIC COURSE PARTICIPANTS Youth 701 750 834 Middle Age 3,726 3,970 4,381 Senior 403 441 506 TOTAL 4,829 5,161 5,721 Source:ERA,NGF,NSGA The potential number of golf rounds can then be determined by applying the estimated rounds per capita rate to the population cohorts. The number of rounds per capita is divided into weekend and weekday play, since these rates generally differ. As the table below shows, youths play an estimated total (weekend and weekday play combined)of 10 rounds per year, the middle age golf participants play about 20 round per capita per year, and senior participants play about 40 rounds per year. These rounds are applied to the number of potential golf participants to derive the total potential golf rounds for the primary market. The number of total potential rounds (including 9-hole and 18-hole) is multiplied by 80% to convert the total rounds into 18- hole equivalent potential rounds. Table 15 below highlights 18-hole demand for rounds. Table 16 highlights demand and supply implications for the primary market. As shown in table 15,the total potential for 18-hole equivalent rounds in 2003 is an estimated 78,100 rounds, in 2005 an estimated 83,600 rounds, and in 2008 an estimated 93,000 rounds. An explanation of table 16 follows. Golf Market and Financial Assessment - Final Draft Report Page 22 ERA Table 15. Potential Weekend and Weekday Golf Play- Primary Market Weekend Play Weekday Play Total Play 2003 2005 2008 2003 2005 2008 2003 2005 2008 PUBLIC GOLF POPULATION Youth -- -- -- -- -- -- 701 750 834 Middle Age -- -- -- -- -- -- 3,726 3,970 4,381 Senior -- -- -- -- -- -- 403 441 506 TOTAL -- -- -- -- -- -- 4,829 5,161 5,721 ANNUAL ROUNDS PER CAPITA Youth (14-24) 4 4 4 6 6 6 10 10 10 Middle Age(25-64) 15 15 15 5 5 5 20 20 20 Senior(65+) 10 10 10 30 30 30 40 40 40 TOTAL ANNUAL ROUNDS Youth 2,803 3,002 3,335 4,205 4,502 5,003 7,008 7,504 8,338 Middle Age 55,886 59,551 65,710 18,629 19,850 21,903 74,515 79,401 87,613 Senior 4,026 4,407 5,061 12,077 13,221 15,183 16,103 17,629 20,244 TOTAL 62,715 66,960 74,106 34,911 37,574 42,089 97,626 104,534 116,195 18-HOLE EQUIVALENTS 50,172 53,568 59,285 27,929 30,059 33,671 78,101 83,627 92,956 Source ERA Table 16. Demand/Supply Comparison Weekend Play Weekday Play Total Play 2003 2005 2008 2003 2005 2008 2003 2005 2008 18-hole Equivalent Rounds 50,172 53,568 59,285 27,929 30,059 33,671 78,101 83,627 92,956 Average Daily Rounds 749 800 885 198 213 239 375 402 447 Average Daily Rounds/18-hole course 201 201 201 128 128 128 151 151 151 Sustainable Courses 3.7 4.0 4.4 1.5 1.7 1.9 2.5 2.7 3.0 Current 18-hole Equivalent Courses 2 2 3 Source:ERA Golf Market and Financial Assessment - Final Draft Report Page 23 ERA The second table above shows the number of potential sustainable courses compared to the number of existing public courses in the primary market. The number of potential sustainable courses was calculated through a number of steps: • ERA first calculated the number of average daily rounds the primary market can reasonably support during the weekend, weekday, and total. This was determined by dividing the number of potential 18-hole rounds on the weekend and weekdays by the number of weekends and weekdays that the course would operate. • ERA then estimated the average number of occupied daily rounds per course. ERA calculated a percentage (based on market experience and weather seasons) to apply to the number of potential rounds to determine the average occupied daily rounds. • ERA determined the number of sustainable courses in the market by dividing the number of average daily rounds by the estimated average daily rounds per course. As shown, by 2008 the market could potentially support 3 courses. If the proposed Bowes Creek Estates course is constructed, in 2008 the primary market would have three courses therefore balancing golf course demand. It is important to note the difference in the number of sustainable courses during the weekend and weekday. The weekend figures show that there is high demand for course play and that there is an undersupply of courses, however, weekday demand suggests an oversupply of courses. The key to profitably is capturing sufficient weekday play. .Secondary Market The table below shows the secondary market population by age group. As shown, in 2003 there were approximately 32,700 people in the 30 to 39-age cohort, the cohort with the largest potential golf participants. This age cohort is expected to decrease slightly to 31,600 by 2008. The table also shows that there is a high population under age 19. Youths are important as they Table 17. Secondary Market Population 2003 2005 2008 0-4 17,089 17,633 18,483 5-9 17,308 17,711 18,333 10- 14 16,651 17,793 19,655 15- 19 14,813 15,954 17,833 20-24 13,054 13,437 14,033 25-29 12,975 13,437 14,160 30-34 15,303 15,218 15,092 35-39 17,374 17,006 16,470 40-44 18,219 18,641 19,291 45-49 16,342 17,557 19,551 50-54 13,892 15,068 17,020 55-59 10,402 11,626 13,737 60-64 7,293 8,270 9,987 65-69 5,164 5,734 6,709 70-74 4,103 4,304 4,624 75-79 3,333 3,438 3,601 80-84 2,510 2,600 2,741 85+ 2,311 2,501 2,817 Total 208,135 217,928 234,138 Source:ESRI Business Solutions Golf Market and Financial Assessment - Final Draft Report Page 24 ERA allow courses the opportunity to offer youth learning programs. However, the high number of youths also suggests that there are a high number of families living in the area. Families are often busy with other activities and may not set aside time to play golf. The following table highlights public course participation by age segment (youth, middle age, and senior) for 2003, 2005, and 2008. The table shows that there were about 14,900 potential golfers in 2003 in the secondary market. This number increases by almost 2,000 to about 16,900 potential golfers in 2008. Table 18. Potential Golf Participants- Secondary Market Secondary Market 2003 2005 2008 • MARKET POPULATION 208,135 217,928 234,138 Youth(14-24) 27,867 29,391 31,866 Middle Age(25-64) 111,799 116,823 125,310 Senior(65+) 17,422 18,578 20,492 TOTAL 157,088 164,792 177,667 ESTIMATED TOTAL PARTICIPANTS Youth 2,870 3,027 3,282 Middle Age 14,869 15,537 16,666 Senior 1,568 1,672 1,844 TOTAL 19,308 20,237 21,793 PERCENT PLAYING PUBLIC COURSES Youth 85.0% 85.0% 85.0% Middle Age 75.0% 75.0% 75.0% Senior 85.0% 85.0% 85.0% PUBLIC COURSE PARTICIPANTS Youth 2,440 2,573 2,790 Middle Age 11,152 11,653 12,500 Senior 1,333 1,421 1,568 TOTAL 14,924 15,647 16,857 Source:ERA,NGF,NSGA The number of potential golfers can help to determine the number of potential rounds in each market. The next table shows the estimated rounds for the secondary market in 2003, 2005, and 2008. As shown, by 2008 there is a potential to capture almost 272,500 rounds in the secondary market. Golf Market and Financial Assessment - Final Draft Report Page 25 ERA Table 19. Potential Weekend and Weekday Golf Play- Secondary Market Weekend Play Weekday Play Total Play 2003 2005 2008 2003 2005 2008 2003 2005 2008 PUBLIC GOLF POPULATION Youth -- -- -- -- -- -- 2,440 2,573 2,790 Middle Age -- -- -- -- -- -- 11,152 11,653 12,500 Senior -- -- -- -- -- -- 1,333 1,421 1,568 TOTAL -- -- -- -- -- -- 14,924 15,647 16,857 ANNUAL ROUNDS PER CAPITA Youth (14-24) 4 4 4 6 6 6 10 10 10 Middle Age(25-64) 15 15 15 5 5 5 20 20 20 Senior(65+) 10 10 10 30 30 30 40 40 40 TOTAL ANNUAL ROUNDS Youth 9,759 10,293 11,160 14,638 15,439 16,739 24,397 25,732 27,899 u Middle Age 167,279 174,796 187,495 55,760 58,265 62,498 223,039 233,061 249,993 Senior 13,328 14,212 15,676 39,984 42,636 47,028 53,311 56,847 62,704 TOTAL 190,366 199,301 214,330 110,382 116,340 126,266 300,748 315,641 340,596 18-HOLE EQUIVALENTS 152,293 159,441 171,464 88,305 93,072 101,013 240,598 252,513 272,477 Source ERA Table 20. Demand/Supply Comparison Weekend Play Weekday Play Total Play 2003 2005 2008 2003 2005 2008 2003 2005 2008 18-hole Equivalent Rounds 152,293 159,441 171,464 88,305 93,072 101,013 240,598 252,513 272,4771 Average Daily Rounds 2,273 2,380 2,559 626 660 716 1,157 1,214 1,310 Average Daily Rounds/18-hole course 201 201 201 128 128 128 151 151 151 Sustainable Courses 11.3 11.8 12.7 4.9 5.2 5.6 7.7 8.0 8.7 Current 18-hole Equivalent Courses 5 5 5 Source:ERA Golf Market and Financial Assessment - Final Draft Report Page 26 ERA The second table above compares the number of rounds supplied and demanded in the secondary market. The same approach taken in the primary market was followed to derive the number of sustainable secondary market courses. As shown, by 2008 there five 18-hole equivalent public courses are projected and there will be a potential for 8.7 sustainable courses, indicating a potential undersupply of 3.7 courses in the secondary market. Tertiary Market The table below shows the tertiary market population by age. Approximately 188,900 people comprised the 30 to 39-age bracket in 2003. This market segment gradually declines to about 180,000 people by 2008. During this same time, however, the under 19-age population will increases from about 360,000 in 2003 to 389,000 in 2008. The senior population brackets, over age 65, also show an increase during this five-year period. Table 21. Tertiary Market Population 2003 2005 2008 0-4 91,215 93,203 96,266 5-9 93,156 93,741 94,624 10- 14 92,552 96,421 102,531 15- 19 83,318 87,870 95,169 20-24 78,562 80,230 82,800 25-29 77,521 78,258 79,378 30-34 90,473 88,794 86,335 35-39 98,410 96,640 94,043 40-44 102,919 103,938 105,486 45-49 93,260 98,250 106,240 50- 54 78,911 84,298 93,076 55-59 59,841 65,365 74,621 60-64 42,207 46,960 55,112 65-69 29,724 32,551 37,305 70-74 23,709 24,506 25,752 75-79 19,031 19,455 20,110 80-84 13,410 14,075 15,133 85+ 12,112 12,997 14,447 Total 1,180,329 1,217,553 1,278,429 Source:ESRI Business Solutions The table below shows the estimated number of public golf participants in the tertiary market. As shown, in 2003, there were about 86,000 potential golfers, in 2005 and 2008 there is a potential for about 89,000 and 93,000 golfers respectively. Golf Market and Financial Assessment - Final Draft Report Page 27 ERA Table 22. Potential Golf Participants-Tertiary Market Tertiary Market 2003 2005 2008 • MARKET POPULATION 1,180,329 1,217,553 1,278,429 Youth(14-24) 161,879 168,100 177,969 Middle Age(25-64) 643,541 662,503 694,291 Senior(65+) 97,986 103,584 112,748 TOTAL 903,406 934,188 985,008 ESTIMATED TOTAL PARTICIPANTS Youth 16,674 17,314 18,331 Middle Age 85,591 88,113 92,341 Senior 8,819 9,323 10,147 TOTAL 111,083 114,750 120,819 PERCENT PLAYING PUBLIC COURSES Youth 85.0% 85.0% 85.0% Middle Age 75.0% 75.0% 75.0% Senior 85.0% 85.0% 85.0% PUBLIC COURSE PARTICIPANTS Youth 14,173 14,717 15,581 Middle Age 64,193 66,085 69,256 Senior 7,496 7,924 8,625 TOTAL 85,862 88,726 93,462 Source:ERA,NGF,NSGA The number of potential rounds at an 18-hole public course can be determined by applying an estimated rounds per capita rate to each age group. As shown in the table below, the tertiary market had a potential demand for approximately 1,380,000 rounds in 2003. This demand is projected to increase in 2005 and 2008 to an estimated 1,429,000 and 1,509,000 rounds respectively. Golf Market and Financial Assessment - Final Draft Report Page 28 ERA Table 23. Potential Weekend and Weekday Golf Play-Tertiary Market Weekend Play Weekday Play Total Play 2003 2005 2008 2003 2005 2008 2003 2005 2008 PUBLIC GOLF POPULATION Youth -- -- -- -- -- -- 14,173 14,717 15,581 Middle Age -- -- -- -- -- -- 64,193 66,085 69,256 Senior -- -- -- -- -- -- 7,496 7,924 8,625 TOTAL -- -- -- -- -- -- 85,862 88,726 93,462 ANNUAL ROUNDS PER CAPITA Youth (14-24) 4 4 4 6 6 6 10 10 10 Middle Age(25-64) 15 15 15 5 5 5 20 20 20 Senior(65+) 10 10 10 30 30 30 40 40 40 TOTAL ANNUAL ROUNDS Youth 56,690 58,869 62,325 85,035 88,303 93,487 141,725 147,172 155,812 Middle Age 962,898 991,270 1,038,833 320,966 330,423 346,278 1,283,864 1,321,694 1,385,111 Senior 74,959 79,242 86,252 224,878 237,726 258,756 299,837 316,969 345,008 TOTAL 1,094,548 1,129,381 1,187,410 630,879 656,453 698,521 1,725,427 1,785,834 1,885,931 18-HOLE EQUIVALENTS 875,638 903,505 949,928 504,703 525,162 558,817 1,380,341 1,428,667 1,508,745 Source ERA Table 24. Demand/Supply Comparison Weekend Play Weekday Play Total Play 2003 2005 2008 2003 2005 2008 2003 2005 2008 18-hole Equivalent Rounds Average Daily Rounds 13,069 13,485 14,178 3,579 3,725 3,963 6,636 6,869 7,254 Average Daily Rounds/18-hole course 201 201 201 128 128 128 151 151 151 Sustainable Courses 65.0 67.1 70.5 28.0 29.1 31.0 43.9 45.5 48.0 Current 18-hole Equivalent Courses 35.8 36.8 40.8 Source:ERA Golf Market and Financial Assessment - Final Draft Report Page 29 ERA The table above shows the potential number of sustainable courses in the tertiary market along with the current approximate tertiary market supply. The approach taken in the primary and secondary markets was followed for the tertiary market also. As shown, by 2008 the market could potentially support about 48 courses, and there are about 41 18-hole equivalent courses projected in the market. This indicates a potential undersupply of nearly eight courses. Market Reconciliation The following table summarizes the potential demand and supply for golf rounds in the market areas. As the table shows, it appears that by 2008 the primary market would be in balance if the Bowes Creek Estates Course is constructed. The data also indicates that there is a potential undersupply of courses in the secondary and tertiary markets. ERA notes, however, that there are approximately 15 18-hole equivalent public courses located just outside the tertiary market. These additional courses are likely capturing the excess demand shown in the secondary and tertiary markets. Table 25. Market Reconciliation Market 2003 2005 2008 Primary Demand 2.5 2.7 3 Supply 2 2 3 Secondary Demand 7.7 8 8.7 Supply 5 5 5 Tertiary Demand 43.9 45.5 48 Supply 35.8 36.8 40.8 20-25 Miles Supply 15 16 18 Source:ERA,NGF Golf Market and Financial Assessment — Final Draft Report Page 30 ERA Financial Analysis The chart below shows weekday fees for the public courses located in the primary and secondary markets. The rates for the 9-hole courses have been converted to 18-hole rates. As shown, Mill Creek is the most expensive course and Wing Park is the least expensive course in these two market areas. Weekday Fees- Primary& Secondary Markets $60 $55 7.., $50$45 . ?, fl $35 ., . '. $30 11111171.1 1111$25 • 1. , $20 , . . . . . .=w . . .c , �1 ,0" �o��e �\ a4�� oCs Qa o, ya'a oa o�- '`� a �S S,`�p� �o�`o o a ooa .�'a �aS �aoa -: �` tC � Sao The next chart shows weekend fees in the primary and secondary markets. Mill Creek and Wing Park are again the most and least expensive courses respectively. See the chart for more details. $75 Weekend Fees-Primary& Secondary Markets $70 $65 $60 111 ■ • ■ $55$50 .1 - $45 -- - ,- 3- $40 M a � $35 1.111111-�' ']� j� ? � • �MC � • • - �I $30 Sc) o���cA oao �a�o caS aaa a a ` �\ o • � Golf Market and Financial Assessment - Final Draft Report Page 31 ERA The following paragraphs outline the revenue and expense projections at the proposed Bowes Creek Estates Course. ERA estimates the economic performance of the proposed course over a ten-year period. The objective of this financial section is to determine if the projected operating revenues will be sufficient to offset the course operating cost. Projections of golf play, fee structure, and other course revenue and expense characteristics for the proposed golf course are under the supposition that the course will be a municipal course and will consider the factors outlined in this section. The program is based on three specific assumptions: • Reasonable weather • Quality maintenance and management • Marketing budget Timing In general, a typical 18-hole golf course development requires roughly between 18 and 24 months, moving from initial landscaping to clubhouse construction, irrigation and drainage, and grow-in. Considering the golf season in the Midwest is mainly between March and October, delays in course construction, caused by weather or other factors, can become a significant issue if the course opens too late in the season. The issue of timing will need to be further addressed by the client if they choose to proceed with this project to the design phase. Forecast Rounds Played The most important element in forecasting revenues is calculating the number of rounds that could be played at the new course. ERA estimates that the proposed course could generate 24,000 rounds in year one,rounds would increase to 26,000 rounds in year two and then stabilize in year three at 28,000 rounds. It must be noted that factors such as the weather, competing courses, and the area's economy will impact the estimated rounds and affect the financial picture of the development. Marketing support will also be critical. Forecast Revenues The forecast revenues for the course are divided into the following categories: range fees, greens fees,cart fees, food&beverage,merchandise,banquet, and other revenue. All revenue items are forecast to inflate at 3%per year. Additional sensitivity analysis will be conducted to gage the impact of this course on the Highlands operation. Range Fees Assuming that the course will offer a standard driving range with between 10 and 20 tee positions,ERA expects annual range revenues of$2.25 per round. Greens Fees ERA developed the following table to highlight a potential price structure for the proposed course. The forecast assumes an 80/20 split between in-season/off-season play, with rates noted Golf Market and Financial Assessment — Final Draft Report Page 32 ERA for each season. Revenues are determined assuming that the course offers a $55 in-season weekend rate plus $15 for the cart fee, or a total weekend fee of $70. The off-season rate is assumed to be 80% of the in-season rate, or about $59 on the weekend including a cart. Based on ERA experience, about 5%of play is assumed to be complementary rounds. As shown in the table below, the course could expect a year one effective annual greens fees of about $41 per round. Table 26. Effective Greens Fees In Season Rates %of Play Rounds Revenue Weekday-18 $44 36% 7,200 $316,800 Weekend-18 $55 32% 6,400 $352,000 Weekday-Twilight $26 10% 2,000 $52,800 Weekend-Twilight $33 6% 1,200 $39,600 Resident Rate-weekday $33 0% 0 $0 Resident Rate -weekend $41 0% 0 $0 84% 16,800 $761,200 Off Season Weekday-18 $35 4% 800 $28,160 Weekend- 18 $44 4% 800 $35,200 Weekday-Twilight $21 4% 800 $16,896 Weekend-Twilight $26 4% 800 $21,120 16% 3,200 $101,376 Total Rounds/Gross Revenue per Round 100% 20,000 $43.13 Less Comp Rounds at 5% $2.16 Net Revenue Per Round $40.97 Source:ERA Cart Fees ERA is assuming cart fees per golfer of$15 in year 1. Assuming that 60% of players will use a cart(assumes mandatory weekend cart use)the effective cart revenue per round is $9 in year 1. Food&Beverage and Merchandise ERA assumes that the new course will offer a quality food and beverage service including snacks, beverages, and hot meals. ERA also assumes that the clubhouse will have a pro shop offering merchandise such as soft goods, golf balls, tees, and related accessories, as well as a sample of golf clubs, and associated equipment, with furnishings consistent with the more upscale focus of the development. ERA estimates that the course will generate $6 per round in food and beverage revenue and $7.50 per round in merchandise revenue. Banquet ERA is assuming that the new course will be able to support business from outings,tournaments, corporate meetings, and weddings with a properly appointed, divisible banquet space. While the above rounds and food and beverage sales account for tournament and outing play, additional assumptions must be made for wedding and meeting business. From 2000 to 2003, Kane County Golf Market and Financial Assessment — Final Draft Report Page 33 ERA has distributed an average of 3,200 marriage licenses per year. Assuming that half of these marriages hold a reception and that the proposed course could capture 3% of the receptions, the course could support about 50 receptions per year. In addition the facility could be competitive for a number of corporate meetings. The following table highlights potential meeting business revenues estimated for year 3 of operations (at stabilization). Given that marketing efforts for banquets will take 1 to 2 years to become effective, ERA has discounted sales potentials in years 1 and 2. Table 27. Banquet Revenues/Costs Category Avg yearly weddings 50 Wedding attendance/event 175 Wedding total attendance 8,750 Wedding per cap $60.00 Other Meetings 50 Other meeting attendance/event 25 Other meeting total attendance 1,250 Other. Meeting per cap $20.00 Year 1 Gross Revenue $550,000 COS- Food and Beverage 30% COS-Labor 50% Source:ERA Other Revenue This category can include revenues from lessons, equipment rental, and other revenues. For comparable courses in the Midwest, ERA estimates year 1 revenue of$1.00 per round. Operating Expenses The major operating expense categories include: general and administration, golf operations, course maintenance, clubhouse undistributed expense, cost of sales, marketing, property taxes, management fees, and replacement reserve. General and Administration Administration costs are those associated with full and part time staff for office operations such as accounting, utilities, travel, insurance, and other items. Often these costs are fixed overhead costs, and do not vary with the amount of play. Therefore, these are held constant throughout the analysis period, and are adjusted only for inflation. Property taxes are not included. ERA is assuming year 1 administration costs of$255,000. Golf Market and Financial Assessment — Final Draft Report Page 34 ERA Golf Operations In ERA's experience, pro shop operation expenses are mainly the wages and benefits for personnel, such as a golf pro and assistants, as well as costs for cart leases,cart maintenance,and practice range expense. ERA is assuming a year one golf operations cost of$290,000, which includes salaries and wages for the pro staff and the annual cost of a cart lease. A seven-year cart lease of 80 carts generally costs around$75,000. Course Maintenance The most significant annual operation cost is course maintenance, which is driven in part by the length of the season. ERA's approach assumes a nine-month season with continual irrigation, fertilizing, mowing, raking and patching of the bunkers, greens, tees, and fairways. The proposed course will have long winter seasons in which no maintenance is required. Annual spring preparation, high concentrations of summer play and an autumn closing are also factors to be considered. Costs for maintenance on comparable courses can range considerably, from around $400,000 to more than $900,000. For this course, ERA could expect year one- maintenance costs of$650,000. Clubhouse Undistributed Expense This category includes maintenance,utilities,repairs, and other expenses related to the operation of the clubhouse, which are not allocated to either the pro shop or food & beverage operations. ERA experience has shown that these costs range between $10 and $20 per square foot of finished space. Based on reported information, ERA is assuming a 12,000-square-foot clubhouse with operating costs of$12.50 per-square-foot or about$150,000 in year 1. Cost of Sales ERA is assuming a food & beverage cost of sales of 30% of food & beverage revenue. ERA is assuming a merchandise cost of sales of 70%of merchandise revenue. Additional costs for staff and related food & beverage / banquet support are assumed at 50% of food & beverage and banquet revenue. Marketing Marketing budgets will play a significant factor in the success of the proposed course. To draw local golfers, ERA recommends junior golf programs, which have shown significant success rates since they draw the parents and secure golfers for years to come. As the Chicago golf market is highly competitive, marketing efforts must target the region as well. A budget of about $50,000 to$60,000 should be considered as a starting point. Management Fees ERA is assuming a management fee of 5% of gross revenue. The proposed course would be operated at a level comparable to a qualified professional golf course management company. Golf Market and Financial Assessment — Final Draft Report Page 35 � 1 ERA Replacement Reserve After a period of operation, the general market rules suggests that a reserve of 3%to 5%of total revenue must be set aside for replacing any infrastructure (irrigation system, greens, tees, bunkers, lakes, clubhouses, and support facilities) to maintain the quality and image of a facility. However, since this is a new course and ERA is only forecasting the first 10 years, a slightly smaller percentage (2.5%) than the general market range has been set aside for replacement reserve. Implication As shown in the table below, gross income at stabilization (year three) is estimated at $2.5 million and effective gross income at $2.1 million. Operating expenses are estimated at about$2 million leaving a gross profit of about $93,000. While this income level is above expenses, it would not be sufficient to offset debt service. Also, banquet revenue is significant. Sensitivity analysis follows. Golf Market and Financial Assessment — Final Draft Report Page 36 ERA Table 28. Golf Course Financial Analysis Inflation Factor 0.03 1.00 1.03 1.06 1.09 1.13 1.16 1.19 1.23 1.27 1.30 Rounds Played 24,000 26,000 28,000 28,000 28,000 28,000 28,000 28,000 28,000 28,000 Revenues Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Range Fees $54,000 $60,255 $66,837 $68,842 $70,907 $73,034 $75,225 $77,482 $79,807 $82,201 Greens Fees $9 83,337 337 $1 097 240 $1,217,092 $1,253,605 $1,291,213 $1,329,949 $1,369,848 $1,410,943 $1,453,272 $1,496,870 Cart Fees $216,000 $241,020 $267,347 $275,367 $283,628 $292,137 $300,901 $309,928 $319,226 $328,803 Food&Beverage Revenue $144,000 $160,680 $178,231 $183,578 $189,085 $194,758 $200,601 $206,619 $212,817 $219,202 Merchandise Revenue $180,000 $200,850 $222,789 $229,473 $236,357 $243,448 $250,751 $258,274 $266,022 $274,002 Banquet Revenue $181,500 $363,000 $550,000 $566,500 $583,495 $601,000 $619,030 $637,601 $656,729 $676,431 Other Revenue $24,000 $26,780 $29,705 $30,596 $31,514 $32,460 $33,433 $34,436 $35,470 $36,534 Total Gross Revenues $1,782,837 $2,149,825 $2,532,001 $2,607,961 $2,686,200 $2,766,786 $2,849,789 $2,935,283 $3,023,342 $3,114,042 Cost of Sales: F&B/Banquet 30% $208,200 $218,154 $228,518 $235,373 $242,435 $238,727 $245,889 $253,266 $260,864 $268,690 Cost of Sales: Merchandise 70% $126,000 $140,595 $155,952 $160,631 $165,450 $170,413 $175,526 $180,791 $186,215 $191,802 Total Costs of Sales $334,200 $358,749 $384,470 $396,004 $407,884 $409,141 $421,415 $434,057 $447,079 $460,491 Total Effective Gross Income $1,448,637 $1,791,076 $2,147,531 $2,211,957 $2,278,316 $2,357,645 $2,428,375 $2,501,226 $2,576,263 $2,653,551 Operating Costs / General and Administrative $255,000 $262,650 $270,530 $278,645 $287,005 $295,615 $304,483 $313,618 $323,026 $332,717 Op. Expenses: F&B Labor 50% $347,000 $363,590 $380,863 $392,289 $386,290 $397,879 $409,815 $422,110 $434,773 $447,816 Golf Operations $290,000 $298,700 $307,661 $316,891 $326,398 $336,189 $346,275 $356,663 $367,363 $378,384 Maintenance $650,000 $669,500 $689,585 $710,273 $731,581 $753,528 $776,134 $799,418 $823,401 $848,103 Clubhouse Undistributed $150,000 $154,500 $159,135 $163,909 $168,826 $173,891 $179,108 $184,481 $190,016 $195,716 Marketing $53,485 $55,090 $56,742 $58,445 $60,198 $62,004 $63,864 $65,780 $67,753 $69,786 Management Fees $89,142 $107,491 $126,600 $130,398 $134,310 $138,339 $142,489 $146,764 $151,167 $155,702 Replacement Reserve 2.5% $44,571 $53,746 $63,300 $65,199 $67,155 $69,170 $71,245 $73,382 $75,584 $77,851 Total Operating Costs $1,879,198 $1,965,267 $2,054,416 $2,116,049 $2,161,763 $2,226,615 $2,293,414 $2,362,216 $2,433,083 $2,506,075 NOI Before Debt Service ($430,561) ($174,191) $93,115 $95,908 $116,553 $131,030 $134,961 $139,010 $143,180 $147,475 Source: ERA Golf Market and Financial Assessment - Final Draft Report Page 37 � 1 ERA Sensitivity Analysis ERA was asked to consider the impact of several items on this analysis. Each is discussed separately. Impact of Resident/Non-Resident Rates The above approach does not include resident nonresident rates. If the city chooses to go ahead and implement this policy, assuming a 50/50 resident nonresident split and a 25% discount for resident play,ERA estimates that effective revenue per round decreases by$3.97,effective gross income at stabilization falls by about $100,000, and NOI before debt service falls to a loss position of about$12,000,with break even operations estimated to begin in year 5. Impact on the Highlands Golf Course if Bowes Creek is Built ERA's analysis indicates that the market would not likely support construction of the planned 27-hole program at Highlands, plus 18 holes at Bowes Creek. However, there would appear to be support for a full 18-hole program at Highlands plus the 18-hole Bowes Creek project. Impact on the City of Elgin if Bowes Creek is Built From the city's operating perspective, development of Bowes Creek has several fiscal implications. On one hand, the city's golf operation would gain operating economies of scale from one 27-hole program at Highlands, compared to separate 18-hole programs at Highlands and Bowes Creek. At the same time, proceeding with 18 holes at Bowes Creek and completing 18 new holes at Highlands offers notable potential benefits,which could include: • Current negotiations between Toll Brothers and the city assume that the city could be given a golf course with a value of about$14 million, offset by city forgiveness of about $7 million in development fees. • By completing 18 out of 27 holes at Highlands, the city will save on the cost of building 9 holes of golf, and gain the opportunity to sell acreage west of Mclean Road for its highest and best use. • The city would also benefit from the probable enhancement in property values that can be generated by residential development around golf courses. Based on national experience, this premium can be between 5%and 15%for lots on golf course frontage. Golf Market and Financial Assessment — Final Draft Report Page 38 * * RANDY W. TRULL Golf Project Management March 10, 2004 Mr. Jim Nowicki Finance Director City of Elgin, IL 150 Dexter Court Elgin, Illinois 60120-5570 Dear Mr. Nowicki, Randy W. Trull, the"golf development advisor" for the City of Elgin, Illinois has been contracted by the City to review and comment on the"Application for Approval of Development Agreement" submitted by Toll Brothers Homebuilders (dated February 18, 2004). This Agreement proposes that Toll Brothers would, in exchange for credits from the City of Elgin constituting 50% of the cost to construct an eighteen hole golf facility and clubhouse at the site commonly referred to as"Bowes Creek", develop and turn ownership of the facility over to the City of Elgin upon its completion. The Agreement specifies that the cost to the City shall not exceed $7,250,000 in credits as payment for City's impact fees, building permit fees and other fees and charges by the City of Elgin. The Development Agreement (undated) specifies also that the City's share of cost (currently estimated to be $7,250,000) shall "in no event" exceed Eight Million Dollars ($8,000,000), "unless the City increases either the scope of development or specifications of development so that costs exceed Sixteen Million Dollars($16,000,000)"for the golf course and clubhouse facility. Should the total cost of golf facility development exceed Sixteen Million Dollars ($16,000,000)"as a result of the City of Elgin increasing the scope of development or the specifications of development so that costs exceed Sixteen Million Dollars (S16,000,000)", then all costs over that amount would be paid in full by the City in the form of additional waivers or credits to Toll Brothers Homebuilders. The Application for Approval includes the following documents: • Application Cover Letter dated February 18, 2004. • Specifications for construction of the golf course (Exhibit B-1). • Golf Facility Budget Review(Cost Estimate)(Exhibit B-2). • Approvals and Permits Required for Bowes Creek Estates (Exhibit C). • Proposed Site Plan prepared by JEN Land Design, Inc. • Development Agreement. • Legal Description of the Property (Exhibit A). 3311 Sandstone Court •Lake in the Hills, IL 60156 • 847-658-3512• Fax 847-658-3513 City of Elgin Report re: Toll Brothers Proposal—Bowes Creek GC March 10, 2004 Page Two The"Site Plan" for the proposed project indicates that the total site consists of 608.3 acres, broken down as follows: • Roads&ROW 7.0 ac • Lots 8.8 ac • ComEd&Utility Easements 4.0 ac • Active Adult Units 94.4 ac • Townhome Units 28.9 ac • Single Family Units 168.5 ac • Open Space 296.7 ac The open space area, which includes the golf facility, breaks down as follows: • Golf Course 246.6 ac • Parks 9.0 ac • Other Open Space- 41.1 ac It is unquestionable that the area designated for the golf course(246.6 ac) is more than adequate for a high-end daily fee facility. It is my understanding that the site plan prepared by JEN Land Design, Inc was developed in conjunction with Rick Jacobson Golf Course Design of Libertyville, Illinois. Rick Jacobson is a highly qualified golf course architect that I have had the pleasure of working with on several past golf projects. It is proposed that Rick Jacobson is to be the designated designer of the golf course. Rick Jacobson is, in my judgment, extremely well-qualified and will undoubtedly design a golf course of exceptional quality. Therefore, I have very little concern regarding the quality of the golf course Toll Brothers proposes to produce and turn over to the City. Golf Course Routing Plan, Cost Estimate& Specifications Routing Plan The proposed golf course is laid out in such a manner that virtually none of the golf holes have a housing component on both sides. In fact, only 7 of the golf holes have homesites on one side of the golf hole and, in most cases, homesites are adjacent to only a portion, rather than the entire length of the hole. This is exceptional and highly desirable...it is rare to find a daily fee course upon which housing has such a minimal impact. Insofar as liability or playability issues are concerned, as I reviewed the golf course routing plan, I found very few areas of concern: Hole#4: The park parcel located off the right side of#4 may be at risk of players hitting a severe"slice" off the tee. I always question the advisability of locating a "children's park" anywhere adjacent to a golf course, especially on the right, or"slice" side of a golf hole. Perhaps a park area could be developed elsewhere and planned park 3311 Sandstone Court •Lake in the Hills, IL 60102 • 847-658-3512 •Fax 847-658-3513 r r i City of Elgin Report re: Toll Brothers Proposal—Bowes Creek GC March 10, 2004 Page Three space could be converted to lots adjacent to the golf course. This would seem to be a "win-win" situation for both the City and the developer. Hole#7: It appears that perhaps 3-4 homesites on the right ("slice") side of the landing area may be at risk for golf balls landing beyond the property line(in the backyard of homes). Again, you can't protect every homesite on a golf course from extremely poor shots. However, we must recognize that the average golfer tends to "slice" balls to the right side. I would again suggest tree and/or other landscaping to minimize the risk of balls landing beyond the golf boundary within the homesite areas. Hole#9: The entry road to the maintenance facility appears to be at some slight risk of"slice" shots. Because this road appears only to serve the maintenance facility, which will have very little traffic, I believe there is actually very little risk of liability. Perhaps some tree planting or landscaping may be desirable or,the entry road may be "shifted" slightly to allow greater distance. Hole#15: Three or four homesites on the"slice" (or right) side of the landing area may be at risk. I suggest additional tree planting on the right side to mitigate risk. This is perhaps the greatest risk area of risk I detected in my review of the site plan. The site plan calls for only 2 street crossings(which appear to be handled by understreet tunnels according to the budget review documents). Overall, this is among the best site plans I have seen in my experience. None of the few items noted above are alarming. This is not surprising considering the available acreage. The width of all golf"corridors" exceed standard distances for safety established by the American Society of Golf Course Architects. Golf Construction Cost Estimate A review of the Golf Course Budget (Exhibit B-2)indicates a preliminary cost estimate of Seven Million Four Hundred Eight Thousand Five Hundred Dollars($7,408,500)to construct the golf course. This estimate appears, in my opinion, sufficient(perhaps even a bit high)to construct the golf course. Specifications for Construction It does not appear that the specifications for construction(Exhibit B-1) are those of the presumed golf designer, Rick Jacobson. However, the specifications for construction clearly reflect intent on the part of Toll Brothers to develop a high quality course. The specifications generally adhere to USGA approved standards and practices. 3311 Sandstone Court •Lake in the Hills,IL 60102 • 847-658-3512•Fax 847-658-3513 • City of Elgin Report re: Toll Brothers Proposal—Bowes Creek GC March 10, 2004 Page Four I noted that the section relating to cart path construction specifies asphalt cart paths 6-8 feet in width are to be constructed. I do not believe the City would be satisfied with a course having any 6 foot wide cart paths, particularly on a high-end golf course. Cart paths should be 8 to 10 feet in width. It is advised that the City, the developer and the golf course designer, Rick Jacobson, meet to discuss further the specifications for golf course construction to review and ensure that all parties are in agreement for the standards and criteria for construction of the golf course. Water Source I noted that the only mention of a proposed source for irrigation water was in the development budget. The budget indicates an allowance of$950,000 for construction of the irrigation system and well development. Considering the cost of most modern irrigation systems (including pump station) average over $1,000,000(excluding well development), I am concerned the budget allowance will prove inadequate. This is a very critical and potentially costly item. Toll Brothers should specifically address this issue and identify and budget separately for the water source for irrigation of the golf course. Permitting and Approvals Required for Construction Bowes Creek runs diagonally from the Northwest to the Southeast corners of the project site. This is a"Waters of the U.S.",which will fall under the jurisdiction of several permitting authorities. Four of the golf holes run adjacent to the existing stream channel, two golf holes play across the stream, and an additional three holes have green or tee complexes situated adjacent to the stream. The golf course routing plan also indicates four bridge locations crossing the stream. The routing plan provided does not clearly delineate existing flood plain and/or wetlands area. However, I have been informed that a substantial portion of the golf course lies in defined flood plain areas. It is important to recognize that these conditions will likely result in a lengthy and rather complex Permitting and Approval process. The golf course must, as much as possible, be designed and constructed in such a manner as to protect the course features(greens, tees, sand traps/bunkers, etc.)by raising feature elevations above flood prone levels. Typically, permitting authorities will not permit developers of a site to reduce the flood water storage capacity. Therefore, the course designer and engineers will likely be required to lower elevations elsewhere within the flood plain area to compensate for any "fills" placed therein. 3311 Sandstone Court•Lake in the Hills,IL 60102 • 847-658-3512 • Fax 847-658-3513 City of Elgin Report re: Toll Brothers Proposal—Bowes Creek GC March 10, 2004 Page Five Those holes that cross the stream will require extensive clearing of trees existing in and adjacent to Bowes Creek. This will destabilize the creekbanks and will be prone to erosion and displacement of soils into and downstream. There is no question that any permitting authority will require extensive erosion control measures to mitigate erosion and prevent sediment from entering the stream channel until areas adjacent to the stream are stabilized with permanent vegetation. The authorities will no doubt also require a "buffer zone" of vegetation to be planted adjacent to the stream channel, which may impact the final golf course design. It is presumed that a significant portion of the project site contains existing wetlands. The golf course routing plan provided indicates a large number of wetlands to be incorporated into the golf course. This raises a concern that, as part of the approval process, the golf course operator(meaning the City in this case)will be subject to a long-term wetlands monitoring and maintenance program after the course is operational. It should be mentioned that these programs, in order to protect wetlands, often obligate the golf operator to adhere to certain maintenance practices that can elevate annual maintenance costs. This should be taken into consideration when analyzing the potential profitability of the operational facility. Clubhouse The Application for Approval indicates that Toll Brothers will develop as part of the facility a clubhouse, including underground cart storage facilities, approximately 10,000 sf in size(each level). This is consistent with the size of many clubhouses developed in today's golf market serving mid and high-end daily-fee facilities. In fact, I would say that this is a very appropriate size...not so small as to not serve your needs, but not so massive that it requires an exceedingly large staff to operate and maintain. There is no specific information provided in the Application for Approval regarding clubhouse floor-plan layout, specifications and/or standards for construction, number of parking spaces, landscaping, lighting, etc. It is advisable for the City to obtain more specific data regarding Toll Brothers proposal regarding the clubhouse prior to making any commitment or acceptance of this proposal. Maintenance Facility The Application for Approval does not provide any detailed information regarding development of the maintenance facility. The Golf Course Budget Review(Exhibit B-2), however, does indicate a line-item budget amount of$800,000 for a 7,200 sf structure and sitework. This is consistent with the cost and size of the maintenance facility recently constructed at"The Highlands". The Highlands maintenance facility seems to be serving the needs of that facility well. 3311 Sandstone Court •Lake in the Hills,IL 60102 • 847-658-3512• Fax 847-658-3513 City of Elgin Report re: Toll Brothers Proposal—Bowes Creek GC March 10, 2004 Page Six Golf Carts and Maintenance Equipment Again, the Application for Approval fails to provide specifics regarding golf carts and/ maintenance equipment to be turned over to the City. The budget (Exhibit B-2) does indicate a line-item amount of$200,000 for golf carts and maintenance equipment purchases. This amount seems inadequate to purchase all the carts& equipment required. I simply cannot tell from the information provided the number of carts and/or what maintenance equipment would be purchased and turned over to the City. If the City is required to purchase and/or lease additional carts and/or equipment, those costs must be factored into the start-up and/or annual operating budget when assessing the potential operating costs of the facility. On Course Restrooms/Shelters The budget (Exhibit B-2) indicates a line-item amount of$200,000 for construction of two(2)on-course restrooms/shelters. This cost is consistent with the cost of the single shelter recently constructed at The Highlands. However, it is very difficult to say with certainty that this is an adequate budget allowance until the locations of the shelters is established. The concern here is for sewer, electric and potable water service to the shelter locations on the golf course. Golf Course Grow-in The budget (Exhibit B-2) indicates a budget allowance of$800,000 for a 12 month grow- in period. This amount is typically sufficient to grow in a new eighteen-hole facility. Page 3, Section 3, Article (d)of the proposed Development Agreement, states that Toll Brothers"shall complete the golf course(so that it is ready to play on) no later than three (3)years from the date of commencement...". This indicates to me that Toll Brothers would be responsible for the grow-in of the golf course. However, there does seem to be some question whether the City would assume responsibility for maintenance of the golf course prior to completion of the clubhouse. If that were to be the case, there is nothing in the proposed budget for a temporary facility. This would mean, for an indeterminate period of time, the City would be responsible for maintenance of the golf course with no revenue coming in or,temporary facilities would need to be developed in order to open the course for play. There is nothing in the budget for development of temporary facilities, i.e., clubhouse, cart storage, etc. Development Schedule The schedule for development and conveyance to the City prescribed in the Development Agreement by Toll Brothers indicates construction of the golf course would commence no later than one year from the date of approval of a second amendment to annexation agreement, or receipt of permits required for construction. Assuming that a second amendment to annexation agreement and all permits required for construction could be secured by spring of 2005, golf course construction could commence early summer '05. 3311 Sandstone Court•Lake in the Hills,IL 60102 • 847-658-3512 • Fax 847-658-3513 City of Elgin Report re: Toll Brothers Proposal—Bowes Creek GC March 10, 2004 Page Seven The Agreement specifies the golf course would be required to be complete and ready for play no later than three(3)years after commencement of construction, which means the golf course could open for play the summer of 2008. Clubhouse construction, according to this schedule, is not required to begin until early summer 2007 and, would be completed early summer 2008. What if construction of the golf course is completed (and grown-in) in two(2), rather than three(3)years?Would the City be responsible for maintenance from the date grow-in is complete until the clubhouse was complete perhaps the following year? The City should be aware that, according to Paragraph 3(h) of the Development Agreement, if construction of the golf course is completed in 2005 (which is possible) followed by one year of grow-in (2006), the City could potentially be required to assume responsibility for maintenance of the course through the entire year of 2007 until opening upon completion of the clubhouse in 2008. This is a period of 12 to 16 months during which the City would be solely responsible for the cost of maintenance for a course that is not open for play! I strongly advise the City to address this schedule with Toll Brothers. I think it unlikely that all the permits could be secured in 2004. However, the trigger to"start the clock" is commencement of golf course construction. In essence, Toll Brothers is saying that no matter when they start construction of the golf course, the golf course and clubhouse are not required to be completed for a period of three(3)years after permits are secured. But if Toll Brothers completes construction and grow-in of the golf course ahead of schedule (say, in two(2), rather than three(3)years), the City would assume responsibility for maintenance of the course until the clubhouse was complete in year three(3). The City and Toll Brothers should share the cost of grow-in and maintenance until the date upon which the golf course and clubhouse both are complete and operational. There are too many variables that could affect this schedule and conveyance of responsibility for golf course maintenance to the City. The City simply should not be made to assume sole responsibility for golf course maintenance prior to completion of the clubhouse! The schedule proposed by the developer indicates that the developer is not required to start construction of the golf course until one year after all permits are secured, then has up to three (3)years after construction starts to complete the course. This means the facility may not open for four(4)years after the date permits are secured...a very long period to develop a golf facility. According to this schedule (including the period required to secure permits) it could be more than five years before the golf facility is open for play! 3311 Sandstone Court •Lake in the Hills,IL 60102 • 847-658-3512 •Fax 847-658-3513 City of Elgin Report re: Toll Brothers Proposal—Bowes Creek GC March 10, 2004 Page Eight Project Feasibility & Return on Investment It should be understood that I am not a feasibility or market analyst. Therefore, I am not qualified to comment on the potential financial success or failure of the project. It is my strong recommendation that the City and/or developer commission a professional feasibility and market analyst to conduct a study to assess the potential market demand and financial evaluation of the proposed project. It is my understanding that the City has solicited a proposal from Economics Research Associates(ERA)to conduct a market study and feasibility analysis. I suspect that a bona-fide market and feasibility analyst will conclude that this is a"no-brainer"...that a high-end golf facility developed at the Bowes Creek site, with essentially no debt-service, with adequate marketing, will more than cover the cost of operations from year one or, (worst-case) year two of operations. Questions The proposal by Toll Brothers is much more complex than it appears to those unfamiliar with golf development within a residential golf community. Whenever one entity(in this case the City and Toll Brothers partnership) is developing a golf facility and another(Toll Brothers alone) is developing the surrounding residential areas, there is always a need to clearly define the means by which costs will be assigned. The following are just a sampling of the questions and/or issues that I feel the City must begin to address with the developer. • Paragraph 3 (b) of the Development Agreement states that the total cost estimated to develop the facility is Fourteen Million, Five Hundred Thousand Dollars. In the event that the cost shall exceed Sixteen Million Dollars due to changes required by the City, the City shall be responsible for all costs over$16,000,000. This certainly would seem reasonable if, for instance, the City decided it wanted a much larger clubhouse, which would obviously elevate costs. However, my question is, "What if costs exceed $16,000,000 even though the City did not require changes elevating the cost?Is the developer going to claim that every request and/or option exercised by the City throughout the development process drove the cost up over $16,000,000 and the City is responsible for the overage?There must be some language addressing the possibility that costs exceed $16,000,000 as a result of; (1) changes required by the City, City's Expense? (2) cost overruns due to project mismanagement or failure by the developer to control costs, Developer's Expense? 3311 Sandstone Court • Lake in the Hills,IL 60102 •847-658-3512•Fax 847-658-3513 City of Elgin Report re: Toll Brothers Proposal—Bowes Creek GC March 10, 2004 Page Nine (3) additional costs due to reasons beyond the control of either the City or the developer, such as unforeseen site conditions, omissions, oversights, weather, permitting requirements, etc.------_________________Shared Expense? This has the potential to be a very serious issue. It's not as simple as"let's just split the cost". The City and developer both must be very cautious and thorough with regard to how costs will be shared under different circumstances. • The golf course budget seems high. I question whether there is not some opportunity to reduce golf development costs by a more equitable"sharing" of earthmoving costs to accommodate grading of lots adjacent to the golf course. In other words, is"excess" material from the golf course to be used to grade lots adjacent to the course or, is material unsuitable for use on the homesites to be disposed of or utilized on the golf course? If that is the case, it seems the homesite developer reaps substantially more benefit than the golf operator. There should be some equitable provision for such a scenario. The budget allowance of$1,885,000 is quite high for earthmoving on a golf course. I estimate the earthmoving quantity requirement to develop a golf course on this site ranges from 400,000 to 700,000 cubic yards. The earthmoving unit cost typically ranges from $1.85 to $2.15 per cubic yard. If we calculate the high end quantity times the high-end cost estimate(700,000 cubic yards x $2.10), the potential earthmoving cost is less than$1,500,000($385,000 less than the budget allowance). • The golf course budget indicates an allowance of$950 000 for the irrigation g g system and well development. In recent years, I have found it unusual for the irrigation and pump system to cost under$1.1 to 1.3 million dollars(excluding the cost of well development). I think this allowance may prove insufficient to cover the cost of both irrigation and well development. • The golf course budget indicates a $1,160,000 allowance for cart paths (including two(2)understreet tunnels at a cost of$300,000 each). I would recommend the City and developer consider street-level crossings to reduce costs. Cart paths crossing streets in golf communities is not unusual...I question, considering the relatively light volume of traffic serving residential areas, whether tunnels are warranted. 3311 Sandstone Court•Lake in the Hills,IL 60102 • 847-658-3512 • Fax 847-658-3513 City of Elgin Report re: Toll Brothers Proposal—Bowes Creek GC March 10, 2004 Page Ten • The City, developer and golf course designer,Rick Jacobson should meet to discuss the specifications for construction to ensure that all parties are in agreement regarding the specifications and other issues and/or concerns regarding golf course plans for construction. • The schedule for conveyance to the City outlined in the Development Agreement should be reviewed. My concern is that the terms of conveyance could result in the City bearing the cost of maintenance for an extended period prior to opening. Also, why does the developer propose to wait a year from the date upon which permits are secured to start construction of the golf course?The developer then has three years from the date construction begins to complete the course. I recommend the City and developer redefine the development schedule. • The City should request from the developer a list of maintenance equipment and golf carts to be conveyed to the City upon completion. This essential to determine operating costs after opening if the City must lease or purchase additional equipment. • Are costs for infrastructure construction(such as entry road, primary sewer/ water/electric services), which will serve both the golf facility and development areas, shared by the City and the developer? Or are infrastructure costs solely the responsibility of the developer?If that is to be the case, at what point will the City be responsible for some share of infrastructure costs serving only the golf facility? Issues such as this should be addressed as part of the agreement. • Does the development budget, shared by the City and developer, include facility start-up costs, i.e., printed materials, linens, dish& silverware, pro shop goods, employee training, office equipment, etc. or, would the City alone bear the cost of operational start-up? • There should be some language in the final agreement between the City and developer regarding restrictions for development on lots adjacent to the golf course. The party operating the course must be assured that future build-outs on adjoining lots will not adversely impact the golf course. For example, the City would not want individual homebuilders erecting differing types of fences at the golf property lines, or discharging storm drainage from future homesites and/or streets onto the course. 3311 Sandstone Court•Lake in the Hills,IL 60102 •847-658-3512•Fax 847-658-3513 City of Elgin Report re: Toll Brothers Proposal—Bowes Creek GC March 10, 2004 Page Eleven • There should be some language in the final agreement between the City and developer also addressing future potential liability. If, for example, after the developer conveys the golf course to the City, then a future homesite floods in a storm event because the developer failed to properly construct part of the course, the City should not be held liable for damages. Summary This is a very intriguing and attractive proposal for the City of Elgin. It certainly merits serious consideration and further investment of time(and relatively modest expense). It's extremely rare that one has an opportunity to own 100%of a high-end golf facility for 50%of the development cost. However, it is my opinion that defining the specific terms and conditions of the agreement will be very complicated. More information, discussions and clarification are required in order to make a final decision. I hope the above comments are helpful in providing the City with some idea of the issues and concerns to be addressed in order to reach a final decision regarding the proposal by Toll Brothers. Please contact me at my office with any questions or comments. As always, I am happy to assist in any way possible. Sincer Randy W. Trull Golf Project Manager 3311 Sandstone Court•Lake in the Hills,IL 60102 • 847-658-3512•Fax 847-658-3513 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT made and entered into this day of 2004 ("Agreement") by and between THE CIIY OF ELGIN, ILLINOIS, an Illinois municipal corporation of the Counties of Cook and Kane in the State of Illinois (hereinafter referred to as "City") and TOLL II, L.P., an Illinois Limited Partnership (hereinafter referred to as "Developer"); WITNESSETH: WHEREAS, Developer has under contract the real property described in Exhibit A, which is attached hereto and made a part hereof (which real property, for convenience, is hereinafter referred to as the"Subject Property");and WHEREAS, the Subject Property is located within the corporate limits of the City of Elgin; and WHEREAS, First Midwest Bank, as Trustee under Trust Agreement dated November 24, 2003 and known as Trust No. 8024 and Bowes Creek Partners I, L.L.C., an Illinois limited liability company are the owners of the real property ("Owner") described. in Exhibit A. Owner has entered into a contract with Developer for the sale of the Subject Property;and WHEREAS, the Subject Property is the subject of a certain Annexation Agreement entered into on the 28th day of February, 2001, by and between the City of Elgin and predecessors in interest to the Owner;and WHEREAS, the Subject Property is subject to a First Amendment to Annexation Agreement made and entered into the 25th day of June,2003,by and between the City of Elgin and predecessors in interest to the Owner (collectively, the Annexation Agreement and First Amendment to Annexation Agreement are referred to as "Annexation Agreements");and WHEREAS, the Contract between Developer and Owner requires that the Developer obtain from the City a general consent to its development plan,the terms and conditions which are set forth below and which includes the construction of an 18 hole public golf course and associated clubhouse ("Golf Course") to be built by Developer; conveyance of the Golf Course to the City upon the completion of the construction thereof;the City's waiver of certain fees and charges equal to fifty percent (50%) of the cost of construction of the Golf Course, which waiver is estimated to cost Seven Million Two Hundred Fifty Thousand and 00/100 Dollars ($7,250,000.00) but in no event shall the share exceed Eight Million and 00/100 Dollars ($8,000,000.00). The City and Developer agree that the cost for the approved plan for the entire golf course development and the dubhouse facility as proposed by the Developer, shall not exceed Sixteen Million and 00/100 ($16,000,000.00) Dollars. The approval, after the necessary notice and public hearing shall be of an amended development plan, amended planned development, certain map amendments, site plan approval; and the approval of a second amendment to annexation agreement to approve a residential development consisting of 931 dwelling units, consisting of 237 single family active adult units, 109 multi family active adult units, 168 townhomes and 417 single family lots 4 consistent with the site data included on the site plan attached as Exhibit D ("Development"), which incorporates the terms described above, as well as other agreements mutually agreeable to the City and the Developer;and WHEREAS, the Corporate Authorities of the City, after due and careful consideration, have concluded that the terms and conditions of this Agreement hereinafter set forth are in the best interests of the City;and WHEREAS, this Agreement is made pursuant to and in accordance with the provisions of the Illinois Municipal Code (Chapter 65 of the Illinois Compiled Statutes) and pursuant to the home rule powers of the City. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained,it is hereby agreed as follows: 1. INCORPORATION OF RECITALS. The foregoing recitals are material to this Agreement and are incorporated into this Agreement as if fully stated herein. 2. AUTHORITY. This Agreement is made pursuant to and in accordance with the provisions of the Illinois Municipal Code set forth above and in the exercise of the home rule power of the City. 3. CONSTRUCTION OF GOLF COURSE AND CLUBHOUSE AND CONVEYANCE TO CITY. (a) Subject to the City's approval after notice of public hearing and compliance with the applicable State and City requirements for amending a planned development, granting certain map amendments, approving the site plan and amending an annexation agreement, Developer shall construct an 18-hole golf course pursuant to the specifications attachedP hereto as Exhibit B-1. Developer also agrees to construct a Clubhouse of approximately 10,000 square feet of finished space with a basement,which shall be used for golf cart storage. The approximate 10,000 square foot finished clubhouse space shall be built at a cost not to exceed $300 per square foot. The exterior architecture of the Clubhouse shall be mutually agreed upon by the Developer and the City and incorporated into a proposed second amendment to annexation agreement to be presented to the City Council after the necessary public notice and hearing process is satisfied. Preliminary plans for the Golf Course will be reviewed and approved by the City pursuant to the review and approval by the City during the public hearing and entitlement process in connection with the amendment to the planned development, the map amendments and the special use process. Preliminary plans shall be incorporated into a second amendment to annexation agreement to be presented for approval to the City Council after the necessary public notice and hearing process is satisfied_ The preliminary plans for the Golf Course shall be subject to the mutual agreement of the Developer and the City. (b) The estimated total cost of the Golf Course and clubhouse facility is Fourteen Million Five Hundred Thousand and 00/100 Dollars ($14,500,000.00). The City and 2 Developer agree that the approved plan shall not exceed Sixteen Million and 00/100 ($16,000,000.00) Dollars. (c) Developer shall commence construction of the Golf Course no later than one (1) year from the date of approval of the second amendment to the annexation agreement, or receipt of all permits as shown on Exhibit C, whichever date is later. Developer shall be responsible for obtaining all such permits and shall apply and obtain all such permits as soon as is reasonably practicable. (d) Developer shall complete the Golf Course (so that it is ready to play on) no later than three (3) years from the date of commencement of Golf Course construction (defined as the beginning of the mass grading of the golf course). (e) Developer shall commence construction of the clubhouse no later than two (2)years after the commencement of Golf Course construction. (f) Developer shall complete construction of the clubhouse no later than three (3)years after commencement of Golf Course construction. (g) Upon completion of the Golf Course and Clubhouse (pursuant to standards to be mutually agreed to in the second amendment to annexation agreement and in the Ordinance approving the amendment to the Planned Development) said improvements shall be conveyed to the City and the City shall accept full ownership and maintenance responsibility of the same_ The Golf Course, Clubhouse and other improvements located thereon shall be conveyed by the Developer to the City by recordable warranty deed subject only to general real estate taxes for the year in which the conveyance occurs and public utility easements previously approved by the City related to the development of the Subject Property. Real estate taxes shall be prorated as of the date of the conveyance by the Developer to the City with the Developer being responsible for all real estate taxes for the property prior to the conveyance. (h) If the Golf Course is open for play before the clubhouse,the City shall accept the 18-hole golf course provided that it has been constructed consistent with the plans and specifications mutually agreed to between the City and Developer (pursuant to standards to be mutually agreed to in the second amendment to annexation agreement and in the Ordinance approving the amendment to the Planned Development). 4. CTTY'S ACCEPTANCE OF GOLF COURSE AND CLUBHOUSE. Subject to the provisions in paragraph 3(h) on the sequence of acceptance, the City shall accept the Golf Course and clubhouse and accept ownership, maintenance and liability for the same upon the City Engineer certifying that the Golf Course, clubhouse, maintenance buildings, and surrounding amenities as presented on the final approved Golf Course and Clubhouse Development Plan, as generally identified in Exhibit B-2. Opening the Golf Course for play and the Clubhouse for use shall constitute substantial completion, both subject to the Developer's continued obligation for 100%compliance with approved plans and specifications. 3 • 5. CREDITS TO DEVELOPER FOR FEES. (a) The City shall credit the Developer for fifty percent (50%) of the costs of the Golf Course and Clubhouse facility. Said credit shall be applied to all impact fees, connection fees and if necessary building permit fees charged by the City for the Development (collectively "Fee Credits") until such Fees account for fifty percent (50%) of Developer's expenses for the Golf Course not to exceed Eight Million and 00/100 ($8,000,000.00) Dollars. Developer shall be entitled to such credits immediately upon commencement of construction of the Development. (b) Developer and the City shall agree on an estimated cost of the Golf Course and incorporate the same into the second amendment to the annexation agreement. That figure shall be the basis of computing the Fee Credits due to the Developer until the completion and acceptance of the Golf Course, at which time the City and the Developer shall adjust the Fee Credits up or down to compensate for the actual cost differential. The Fee Credits for the remaining dwelling units will be reprorated at the time of turnover and acceptance of the Golf Course at which time the City and Developer shall establish the final cost of the Golf Course. (c) The costs of the Golf Course shall include the actual construction costs of the Golf Course including,but not limited to grading, sodding, detention basins, landscaping, roads, parking lots, pads, utilities, maintenance facilities, costs of the buildings (including the cost of the clubhouse) the furnishings and other amenities, per Exhibit B-2. The cost of the Golf Course shall not be deemed to include any value or cost of the land it being agreed and understood that the Developer shall not receive any credit for any land value or cost. (d) The City shall give the Developer a Fee Credit at the time of each building permit. The Fee Credit shall be on a proportionate basis. For example, if Developer was entitled to $7,250,000.00 in credits and the development consisted of 931 units, Developer would be entitled to a Fee Credit of $7,787.33 on the impact, connection and,if necessary, building permit fees for each permit. 6. AMENDMENT TO PLANNED DEVELOPMENT,ANNEXATION AGREEMENT AND OTHER ENTITLEMENTS- The City and Developer acknowledge that the site plan family as Exhibit D to permit 931 dwelling units consisting of 237 single y active adult units, 109 multi family active adult units, 168 townhomes and 417 single family lots, pursuant to the site data induded on the site plan requires public notice and public hearings to amend the planned development on mutually agreeable terms, to approve certain map amendments to certain zoning classifications on the Subject Property and to amend the annexation agreement on mutually agreeable terms. (The aforementioned lot totals may be adjusted due to engineering and site conditions, but the total will not exceed 974 dwelling units). Developer's and the City's undertakings are expressly conditioned on the City's approval of the necessary amendments described above. The City and Developer acknowledge that this Agreement does not constitute pre-judgment or an approval of any such amendments described above or approval of the site plan attached hereto as Exhibit D and that approval of all of the same are subject to public notice, the City's consideration of public comment and the exercise of the City's discretion. Notwithstanding anything to the contrary in this Agreement, this Agreement and each of the parties obligations 4 t T herein are expressly subject to and contingent upon the City,Developer and Owner entering into a second amendment to annexation agreement for the Subject Property providing for the amendments described above with terms and conditions agreeable to the City, Developer and Owner. In the event the parties do not enter into such an Amendment to Annexation Agreement for the Subject Property within six (6) months of the date of this Agreement, then the City or the Developer, upon written notice to the other party, may elect to terminate this Development Agreement and thereupon this Development Agreement shall be null and void and of no further force and effect, and the existing Annexation Agreement shall remain in full force and effect. However,the term of this Agreement may be extended as mutually agreed upon by both parties_ 7. NO EFFECT ON ANNEXATION AMENDMENTS. Nothing herein shall be construed by any party or by the Owner as a change in the respective rights and obligations of the Owner or the City under the Annexation Agreements. 8_ NO PERSONAL LIABILITY OF OWNER. Nothing herein shall be construed to impose arty personal liability upon the Owner_ The City and Developer acknowledge that this Agreement constitutes an offer subject to conditions on the part of the Developer to the City in connection with the terms and conditions set forth above. 9. REMEDIES. Neither the City nor the Developer shall have any course of action against each other in connection with a breach of the terms of this Agreement. It is expressly acknowledged and agreed that neither party shall have the right to seek or recover a judgment for monetary damage against the other or their respective officers, directors, employees, agents or elected public officials and that neither party shall have the right to enforce or compel performance of this Agreement at law or in equity by suit,action,mandamus or any other proceeding including specific performance. 10- NOTICES. Notices or other writings which any party is required to or may serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid or by a nationally recognized overnight courier,prepaid,addressed as follows: If to the City or to the Corporate Authorities: City of Elgin 150 Dexter Court Elgin,Illinois 60120 Attention: City Clerk with a copy to: City of Elgin 150 Dexter Court Elgin,Illinois 60120 Attention: Corporate Counsel 5 T • If to Developer: Toll Bros.,Inc. 1156 Shure Drive Arlington Heights,Illinois 60004 Attention: John Jakominich and Kal Rowen with a copy to: Schain,Burney,Ross &Citron,Ltd. 277 N.LaSalle Street,Suite 1910 Chicago,Illinois 60601 Attention: Thomas R.Burney 11. DISCOUNTED ANNUAL MEMBERSHIPS. In the Annexation Agreement, the City and Developer shall permit the Developer to purchase an agreed upon number of annual memberships in the Golf Course at Bowes Creek at an agreed upon discounted price. 12. COOPERATION AND GOOD FAITH.The City and the Developer shall use their best effort to process as quickly as possible Developer's applications for amendments to the planned development,map amendments and the second amendment to the annexation agreement, to review plans and submittals in a timely fashion and to schedule meetings as expeditiously as possible subject to the requirements of state and local law. 13. COUNTERPARTS. This Agreement may be executed in any number of counterparts in duplicate originals, each of which shall be deemed an original, but all of which shall constitute one and the same instruments. 14. NOT A COVENANT RUNNING WITH THE LAND. This Agreement does not constitute a covenant running with the land. 15. SEVERABILITY. In the event any phrase, paragraph, article or portion of this Agreement is found to be invalid or illegal by any court of competent jurisdiction, such finding of invalidity as to that portion shall not affect the validity,legality or enforceability of the remaining portions of this Agreement. [THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK] [SIGNATURES APPEAR ON THE NEXT PAGE] 6 • IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the day and year first above written.. CITY: THE CITY OF ELGIN,ILLINOIS,an Illinois municipal corporation By: Its: ATTEST: By: Its: DEVELOPER: TOLL II,L.P. BY: TOLL II GP CORP. Its:General Partner By: Its' trb/tolibros-elgin/Development-Agreement-dn 32004 7 A 2 EXHIBITS LIST 3 4 5 Exhibit A Legal Description 6 7 Exhibit B-1 Golf Course Specifications 8 9 Exhibit B-2 Anticipated Costs of Golf Course,Clubhouse,and Surrounding Amenities 10 11 Exhibit C Approvals and Permits 12 13 Exhibit D Site Plan 8 J , • �. OF E4 p N:c City of Elgin Mayor Ed Schock irit[ot�� Council Members VIA FACSIMILE and U.S. MAIL Juan Figueroa Robert Gilliam April 20, 2004 Brenda Rodgers Thomas K. Sandor John Walters Thomas R. Burney City Manager Schain, Burney, David M. Dorgan Ross & Citron, Ltd. 222 North LaSalle Street Suite 1910 Chicago, IL 60601-1102 RE: Proposed Development Agreement Between the City of Elgin and Toll Brothers Dear Tom: Thank you for sending a revised draft of the above-referenced development agreement . My comments with respect to the revised draft agreement are as follows: 1. The revision to paragraph 4 appears to have omitted a phrase. I suggest that the phrase "have been constructed" be inserted after the word "amenities" in line 144 of the red-lined version. 2 . Paragraph 5 (a) provides in the second sentence that the subject credit shall be applied to "all" impact fees, connection fees and if necessary building permit fees charged by the city. The city is currently reviewing which fees would be reduced or abated to provide for the proposed credit . I will advise you of the results of this review within the coming days. 3 . Paragraph 11 should be revised to read as follows : "11. ANNUAL MEMBERSHIPS OR PASSES. The City and the Developer agree to discuss as part of the proposed Second Amendment to the Annexation Agreement provisions whereby the Developer will be permitted to purchase from the City a to be agreed to number of annual memberships or annual passes to the Golf Course at Bowes Creek at a to be agreed to price. " Very truly yours, 14/1,1 )(OA (4-6 William A. Cogley Corporation Counsel WAC/mg cc: David M. Dorgan Jerry Deering Jim Nowicki 150 Dexter Court• Elgin, IL 60120-5555• Phone 847/931-6100 • Fax 847/931-5610•TDD 847/931-5616