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HomeMy WebLinkAboutReg 2003-02-18 Item 6E - Bid Award - Wm Dickson Company for Foster Golf Course Clubhouse Asbestos Abatement / Demolition for $120,926Meeting Date 03-021 Meeting Date 02 -18 -03 Agenda Item Title: Original Sponsor: Timeline: Sponsor's Summary: Recommendations: Sponsor: Committee: Administration: I Cost Impact (if known): I Fund Source (if known): Initials Meeting Date Prepared by 1 Mayor's review Council review 7/18/03 RS t29 Council Recommends Award of Contract. Same as sponsor Same as sponsor $133,018.60. Golf Course CIP, Enterprise Fund. Admin. Parks Recreation Action ITEM Na Foster Golf Links Clubhouse Asbestos Abatement and Demolition Contract Award The Parks and Recreation Department utilized the Small Works Roster process to obtain seven (7)- qualified bidders for the Foster Golf Links Clubhouse Asbestos Abatement and Demolition Project. Seven sealed bids were received and publicly open on February 11, 2003. It is recommended that the City Council Approve the Mayor to execute the contract with Wm. Dickson Co. in the amount of $120,926.00 including state sales tax and authorize a 10% contingency fund of $12,096.00. Attachments Memo. to Council from Rick Still dated 02 -12 -03 Small Works Roster Bid Opening Results Matrix Copy of Proposal submitted by Wm. Dickson Co. Copy of minutes from 02 -11 -03 Community Affairs Parks Meeting City of Tukwila Parks Recreation Department MEMORANDUM TO: Mayor and City Council FROM: I• Rick Still, Assistant Director of Parks and Recreation DATE: February 12, 2003 SUBJECT: Foster Golf Links Clubhouse Asbestos Abatement and Demolition Contract Award RECOMMENDATION: Staff recommends that the City Council authorize the Mayor to execute the Construction Contract Documents for the Foster Golf Links Clubhouse Asbestos Abatement and Demolition to Wm. Dickson Co. of Tacoma, Washington in the Amount $111,145.00 Plus $9,781.00 Sales Tax Totaling $120,926.00 and authorize a 10% construction contingency equaling $12,092.00. The total budget impact would be no greater than $133,018.60. BACKGROUND: To construct the new clubhouse and golf course improvements the existing buildings need to be demolished and the surrounding area graded. It is time and cost effective to perform this work now before the future construction projects are publicly bid. Two bids were received within staffs construction estimate range of $106, 624 to $128,324 including tax but not including the tree salvage work. The Parks and Recreation Department utilized the Small Works Roster process to obtain seven (7)- qualified bidders for the Foster Golf Links Clubhouse Asbestos Abatement and Demolition Project. Seven sealed bids were received and publicly open on February 11, 2003. The apparent most responsible bidder was Wm. Dickson Co. in the amount of $120,926.00 including state sales tax. Staff performed a more thorough investigation of Wm. Dickson Co. and has determined them to be the most responsible low bidder. DISCUSSION: There are several items included in the project Scope of Work that are note worthy. Bid Schedule A is only for Asbestos Abatement. We had an Asbestos Consultant, Pacific Rim Environmental, perform an Asbestos Survey and their Certified Plans Developer prepared the necessary specifications to abate the asbestos in the most environmentally friendly and cost effective method. The specifications include a 72 -hour delay from Asbestos Abatement to Construction to allow the City of Tukwila's Fire Department search and rescue operation in the "green" house. Steven M. Mullet, Mayor Bruce Fletcher, Director The Center of YOUR Community 12424 42nd Ave. S. Tukwila, Washington 98168 Phone: 206 768 -2822 Fax: 206 768 -0524 Memorandum to the City Council from Rick Still February 12, 2003 Page 2 Bid Schedule B includes Demolition of the structures and grading of the construction site, salvaging 12 whole evergreen tree structures, and a deduction value for the Capital Kitchen Equipment. Demolition of the five structures includes removing the structures once the asbestos is removed, backfilling of the basements and root balls as necessary, cutting the hill near the entrance and filling the soil into the low area near the practice green. The 12 whole evergreen tree structures are being pushed over, cut and cleaned as specified by the City's Fish Biologist at a $4,000 cost to provide fish habitat enhancements at the Codiga Farm Park site. The Capital Kitchen Equipment is being disposed of by a "Call of Bids" through this construction bid process as outlined in TMC 2.64, Sale of City Property. The total fair market value of $3,355.00, as set by our kitchen equipment appraiser, was credited (deducted from the bid amount) in the recommended bidder's proposal. When the Contract Documents are executed, the successful contractor will own the kitchen equipment. PROPOSED PROJECT SCHEDULE: The most desirable Project schedule reviewed at the Pre Bid meeting is as follows: Contract Documents February 18 Bid Award February 18 Notice To Proceed* February 19 Project Completion April 4 A 10 -day wait period for an EPA permit. After receiving the permit, Abatement, and Demolition should begin March 3, the 14 Asbestos Abatement days begins after the permit is received, and pending no unforeseeable issues; the project should be completed by April 4. cc: John McFarland, City Administrator Bruce Fletcher, Director of Parks Recreation Attachments: 1 Bid Opening Results 2 Wm. Dickson Co.'s Proposal BIDDER NAME (listed opened in the order received) PERFORMANCE ABATEMENT SERVICES, INC. PDG, INC. WM. DICKSON CO. WALKER SPECIALTY CONSTRUCTION, INC. GRAYHAWK CONSTRUCTION, INC. LONG SERVICES NUPRECON STAFF ESTIMATE CITY OF TUKWILA OFFICE OF THE CITY CLERK SMALL WORKS ROSTER BID OPENING FOSTER CLUB HOUSE ASBESTOS ABATEMENT AND DEMOLTION PROJECT Date of Opening: February 11, 2003 3:00 p.m. Conference Room #3 BID ADDENDUMS ACKNOWLEDGED YES 2 YES 2 YES 2 YES 2 YES— 2 YES 2 YES 2 N/A DATED this 11th day of February, 2003 Jane E. Cantu, CMC, City Clerk TOTAL BID PRICE INCLUDING WASHINGTON STATE SALES TAX $153,021.76 $210,256.00 $120,926.00 $160,821.63 $233,424.60 $196,543.94 $122,845.00 $106,62400? 13flikEL-- Attachment 1 February 12, 2003 The above figures appear as written within bid documents; and as read aloud at the bid opening. They do not however, represent ANY bid award; apparent low, or otherwise. Robert H. Baker, CMC PROPOSAL (Lump Sum) Contractor's Name Wm. Dickson Co. Contractor's State License No. WMDICC *108.17 City of Tukwila Project No. 89 -BG09 GOLF 03 -01 C an Attachment 2 February 12, 2003 -1 To the Mavor and City Council, City of Tukwila, Washington The undersigned (Bidder) hereby certifies that he personally examined the location and construction details of Work outlined in the Contract Documents for the City of Tukwila (Owner) project titled Foster Golf Links Asbestos Abatement and Demolition Project, which project includes but is not limited to: Asbestos Abatement, Demolition of five structures, site clearing, earthwork, and restoration of grades; and has read and thoroughly understands these Documents which govem all Work embraced in this improvement and the methods by which payment will be made for said Work, and thoroughly understands the nature of said Work; and hereby proposes to undertake and complete all Work embraced in this improvement in accordance with these Contract Documents and at the following schedule of rates and prices. The Bidder understands that the quantities mentioned herein are approximate only and are subject to increase or decrease, and hereby proposes to perform all quantities of work as either increased or decreased in accordance with the Contract Documents. Bidder understands that, should this offer be accepted by Owner within ninety (90) calendar days after the day of Bid Opening and the Bidder fails or refuses to enter into an Agreement and fumish the required bonds and liability insurance within ten (10) calendar days after Notice of Award, the bid may be considered null and void and rejected. Bidder shall complete the Physical Work in all respects within 30 calendar days from the date of written Notice to Proceed. If the work is not completed within this time period, Bidder shall pay liquidated damages to Owner as specified in Section 1 -08.9 of the Standard Specifications for every calendar day work is not physically complete after the expiration of the Contract time stated above. In addition, Bidder shall compensate Owner for actual engineering inspection and supervision costs and any other legal fees incurred by Owner as a result of such delay. Foster Golf Links Asbestos Abatement &Demolition Project 02/01/03 Proposal SCHEDULE "A" ASBESTOS ABATEMENT: The preparation, mobilization. removal, and disposal of asbestos and /or asbestos bearing materials and equipment as specified in this project manual and shown on related drawings. The sum of: Amount in writing: SCHEDULE `B.1 DEMOLITION: Demolition of five structures, site clearing, earthwork, restoration of grades, as specified in this project manual and shown on related drawings, excluding B.2. Amount in writing: eighty nine thousand, five hundred dollars Amount in numbers: 89, 500.00 SCHEDULE "8.2" "WHOLE" TREE STRUCTURE SALVAGE OF 12 EVERGREEN TREES, as specified in Section 02221. four thousand dollars Amount in writing: Amount in numbers: $,000.00 SCHEDULE "B.3" DEDUCT FOR VALUE OF CAPITAL KITCHEN EQUIPMENT, as specified in Section 02221. This will be a negative number to give credit for the equipment. The equipment listed in attachment B, attached as part of this bid proposal, will become the property of the successful Contractor. Amount in writing: three thousand three hundred fifty five dollars Amount in numbers: 3, 355.00) SCHEDULE B TOTAL (Sum Schedule 13.1 B.2 B.3) 90, 145.00 SUBTOTAL (Sum Schedule A B) SALES TAX 8.8 °A SCHEDULES A, B GRAND TOTAL BID AMOUNT 120, 926.00 By signing below, Bidder acknowledges receipt and understanding of the following Addenda to the Bid Documents: Addendum No. Addendum No. Date of Receipt Date of Receipt 1 2 ADENDUM NO. 1, P Replacement P -2 February 7, 2003 twenty one thousand dollars and no cents Amount in numbers: 21,000.00 /0 111,145.00 3 4 9,781,00 Foster Golf Links 02/01/03 Replaced 02 -07/03 Asbestos Abatement Demolition Project Proposal p.3 NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. It is understood that Owner may accept or reject all bids. The Surety Company that will furnish the required Performance Bond is Richard L. Dickson of 3315 So. Pine, Tacoma, WA 98409 (Name) (Address) Bidder: Signature of Authorized Official: Printed Name and Title: Address: Wm. Dickson Co. 74 Richard I f)irkcnr, Virp Presidpn+ 3315 So. Pine. Tacoma. WA 98409 Circle One: Individua/Partnership /Joint Venture/ State of Incorporation: Washington t o poratii n Phone No.: 7;1- 072 -448Q Date: February 1% 7 no This address and phone number is the one to which all communications regarding this proposal should be sent. NOTES TO BIDDERS: 1) the Bidder is a co- partnership, give fine name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice president (or any other corporate officer accompanied by evidence of authority to sign). 2) Bid must be received on all items. It any unit prices or extensions are left blank they will be entered as 50.00 no charge. Foster Golf Links 02/01/03 Asbestos Abatement Demolition Project STATE OF WASHINGTON ss. COUNTY OF KING My appointment expires: SEAL 4- 4'l• Y- NON COLLUSION AFFIDAVIT The undersigned, being first duly sworn, on oath states that the person, firm, association, partnership, joint venture, or corporation named in the Bid Proposal has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the City of Tukwila project named Foster Golf Links Asbestos Demolition Project, Project No. 89 BG09 GOLF 03 11th day of February Signed and sworn to before me on this Signature of Notary Public in and for the State of Washington Wm. Dickson Co. Y Naafis Richard L. Dickson Signature of Authorized Official Vice President Title NN ES 7.2 stl 3NS4EN7�c+ A eP• NOT ARY O t PUBLIC E 1% ?fi 17,�pOt•r1SC)S g ,20 Foster Golf Links 02/01/03 Asbestos Abatement Demolition Project P-4 Attach additional sheets as necessary to fu!!y provide the information required. Name of Bidder: Address of Bidder: Tacoma City Contractor's License No. Dept. of L &I Bond Registration No. 081S103568154BCM Worker's Comp. Acct. No. Bidder is a(n): 0 Individual Partnership Joint Venture Incorporated in the state of WA List business names used by Bidder during the past 5 years if different than above: Bidder has been in business continuously from 1937 Year Bank Reference KevBank of Washington John Roval Bank Account Officer No. of regular full -time employees: 40 Number of projects in the past 5 years completed: 50+ ahead of schedule 100+ on schedule in behind schedule Bidder has had experience in work comparable to that required for this Project: As a prime contractor for 65 years. As a Subcontractor for 0 years. List the supervisory personnel to be employed by the Bidder and available for work on this project (Project Manager, Principal Foreman, Superintendents, and Engineers): Name Ted Pagceot Doug Lhotka Brian Cross Jaqueline Kirouac Wm. Dickson Co. RESPONSIBLE BIDDER DETERMINATION FORM 3315 So. Pine St. WM DICC *108J7 Foster Golf Links Asbestos Abatement Demolition Project Washington State Contractor's State Tax No. Title How Lono With Bidder Project Manager Supervisor Supervisor Asbestos Supervisor 15+ years 15+ years 20+ years 7 years 98409 Zip Code C 278 045 472 094,534 -00 5 253- 305 -7388 Officer's Phone No. P -5 02/01/03 Responsible Bidder Determination Form P List all those projects, of similar nature and size, completed by Bidder within the past 5 years. Include a reference for each. Any attached preprinted project listing must include all this information. Year Contract Project Name Completed Amount Owner /Reference Name and Phone Attached List all projects undertaken in the last 5 years which have resulted in partial or final settlement of the Contract by arbitration or litigation in the courts: None Name of Client and Proiect Has Bidder, or any representative or partner thereof, ever failed to complete a contract? 12i No Yes If yes, give details: Has Bidder ever had any Payment/Performance Bonds called as a result of its work? XXNo 0 Yes If yes, please state: Proiect Name Total Claims Amount of Contract Arbitrated Settlement Amount or Litigated of Claims Contractina Party Bond Amount Has Bidder ever been found guilty of violating any State or Federal employment laws? 10(No Yes If yes, give details: Foster Golf Links 02/01/03 Asbestos Abatement Demolition Project Responsible Bidder Determination Form p_ Has Bidder ever filed for protection under any provision of the federal bankruptcy laws or state insolvency laws? df No 0 Yes If yes, give details: Has any adverse legal judgment been rendered against Bidder in the past 5 years? IS No 0 Yes If yes, give details: Has Bidder or any of its employees filed any claims with Washington State Workman's Compensation or other insurance company for accidents resulting in fatal injury or dismemberment in the past 5 years? KDQVo 0 Yes If yes, please state: Date The undersigned warrants under penalty of Perjury that the foregoing information is true and accurate to the best of his/her knowledge. The undersigned authorizes the City of Tukwila to verify all information contained herein. Signature of Bidder Title: Vice President hoe of him Aaencv Receivina Claim Date: February 11, 2003 Foster Golf Links 02/01/03 Asbestos Abatement Demolition Project Equipment to be used: DESCRIPTION/TYPE Attached PROPOSED EQUIPMENT AND LABOR SCHEDULE (Use additional sheets if required) YEAR CONDITION OWN /RENT Labor to be used: (1) asbestos supervisor, (4 -5) asbestos workers, (1) demolition supervisor, (1 -2) operators, (3 -4) teamsters, (1 -2) general laborers Wm. Dickson Co. Name of ?Udder Signature of Authorized Official Vice President Title P -8 Foster Golf Links 02/01/03 Asbestos Abatement Demolition Project PROPOSED SUBCONTRACTORS Name of Bidder Wm. Dickson Co. The following is a list of the heating, ventilation and air conditioning, plumbing and electrical subcontractors that will be used in the work if the Bidder is awarded the contract. In accordance with RCW 39.30.060, revised in 1999, this only applies to contracts expected to cost one million dollars or more. The successful Bidder must have the written permission of the Owner to make any change to this list. Percent of total bid to be performed by Bidder 100 None Name Schedule /Bid Item Numbers Subcontractor will perform of Total Bid Foster Golf Links 02/01103 Asbestos Abatement Demolition Project P -9 Serial Brand, Model SR #510319 Gary Safe Co 1Small dry fire extinguishers AAA ..1.(12 m_ 3 US Range MD #PF36G228A 1 SR #020883XX 'Natural Gas Range 'Blue color stacking chairs ;572)— I !Tables for four (10) Virtro Brand 9000 -18 N/A N/A N/A AAA Lambertso N/A N/A Wolf NSC N/A Travelsen Model TVC 3 -32 FOSTER GOLF LINKS Inventory of City -Owned Equipment Page 1 City of Tukwila Parks and Recreation Department FOSTER GOLF LINKS MINIMUM BID FOR CITY -OWNED EQUIPMENT Item Description General Comments Tables for six (51 ;system Stainless steel tables for dishwasher (2) Two- door freezer chest small 3' x 3', white (by cash register) In restaurant office, concrete '1) Kitchen, 2) Upstairs door, 3) Bar, 4) Downstairs In kitchen Upstairs In restaurant n restaurant Stainless steel bus carts (2) 1) Kitchen, 2Bar 'Stove fire extinguisher Guard Wet Chem Fire (In Kitchen) In kitchen for Auto Chlor dishwasher (dishwasher is eased) In restaurant In restaurant, not operable Moved 50 chairs downstairs 1/26/89_ Soda fountain 70 padded chairs and 8 folding tabte (8 k) Wolf Grooved Griddle Char broiler Work table, stainless table 'plus 2 shelves 1 6- Drawer Refrig Equipment ':.Stand w /stainless overshelf Needs new seals on drawers 14 Hole Electric Steam Table, )Duke wino pans Rusted Out M inimum Bid allowed. In kitchen In kitchen Minimum Contractors Bid Bid 0 40 200 200 3601 360 2001 200 1751 175 1501 i co 4001 400 475 475 300 300 01 0 3501 3co 1551 155 01 0 5501 550 01 0 3355 401 TOTAL BID PRICE FOR ALL EQUIPMENTS 3.355.0. I NOTE: This amount should be carried over for Bid Schedule B.3 2/1/2003 Wm. Dickson Co. Customer References Department of the Army (IDIQ Phase VI Contract) Demolition, UST Removal, Site Work, Asbestos PCB Abatement Date: 11 /00 Present Tacoma School District (Broadview Apartments Demo) Demolition, Asbestos Lead Abatement Date: 12/02 1/03 City of Kent (Various Structures Demolition) Demolition, Site Work, UST Removal, Asbestos Abatement Date. 4/02 —12/02 City of Tacoma (Various Structures Demolition) Demolition, Site Work, UST Removal, Asbestos Lead Abatement Date: 6/02 7/02 Department of the Army (Fort Lawton Area 500) C/o Gary Struthers Construction Co. Demolition Site Development Date: 3/02 5/02 Morrison Knudsen Corporation (Harbor Island —T18 Project) Demolition, Hazardous Waste, Asbestos, Lead, PCB Abatement Date: 11/99 9/01 Rushforth Construction (Woolworth Building) Demolition, Asbestos Lead Abatement Date: 11 /00 —1 /01 University of Washington (Jefferson Bldg. Removal) Demolition, UST Removal, Asbestos PCB Abatement Date: 7/00 9/00 Seattle Housing Authority (Holly Park Phase II) Demolition, Site Restoration, Asbestos PCB Abatement Date: 11/99 4/00 Contact: Eddie Pena (253) 966-1751 Contact: Steen Neilson (253) 571 -3350 Contact: Shane Gilbertson (253) 856-5100 Contact: Dan McConaughy (253) 591 -2047 Contact: Robin Larson (425) 519-0300 Contact: Tom Rossman (206) 464 -9044 Contact: Eric Nelson 53) 922-1884 Contact: Deidra Miller (253) 692-4484 Contact: Carter Hart (206) 615-3525 WM. DICKSON CO. EQUIPMENT LIST BACKHOES: Case 580 Rubber Tire Backhoe John Deere 310 Rubber Tire Backhoe John Deere 310 Backhoe w /1000 ft Ib. Hammer CAT 416 Rubber Tire Backhoe CAT 330 Backhoe Komatsu PC 200 Backhoe Komatsu PC 300 Backhoe Komatsu PC 300 Backhoe w /Long Reach Komatsu PC 400 Backhoe Komatsu PC 400 w /5,000 ft lb. Hammer Hitachi UH 172 Backhoe Caterpillar 245 Backhoe CRANES: P &H 670 Crane P &H 670 Crane wBreaking Ball LOADERS: Komatsu 250 Rubber Tire Loader (2) Hough H -90 Rubber Tire Loader John Deere 744 Rubber Tire Loader (2) Komatsu 500 Rubber Tire Loader Komatsu 600 Rubber Tire Loader (7.5yd bucket) DOZERS (2) John Deere 450 Dozer John Deere 650 G Dozer GRADER: CAT 140H Grader COMPACTORS: (2) Dynapac CA251 Vibrating Roller TRUCKS: (1) 10 Yard Dump Truck (2 -axle) (1) 10 Yard Dump Truck w/Pony Trailer (1) 25 Yard Trailer (concrete, dirt, asphalt) (1) Drop Box Truck w/Various Container Sizes (3) 25 Yard Side -dump Trailer (concrete, dirt, asphalt) (1) 40 Yard Trailer (wood misc. debris) (2) 50 Yard Trailer (wood misc. debris) (2) 60 Yard Trailer (wood misc. debris) (1) 70 Yard Trailer (wood misc. debris) (1) 100 Yard Trailer (wood misc. debris) (1) 120 Yard Trailer (wood misc. debris) (1) 140 Yard Trailer (wood misc. debris) (1) Water Truck (1) Fuel Truck Community and Parks Committee February 11, 2003 Present: Joan Hernandez, Chair; Joe Duffie, Pam Carter (for Jim Haggerton), Bruce Fletcher, Rick Still, Steve Lancaster, Minnie Dhaliwal, John McFarland, Lucy Lauterbach; Dennis Robertson 1. Foster Clubhouse Demolition Bids for demolition of the clubhouse were opened today, and the low bidder of seven bidders was Wm Dickson Co. Their price was a little higher than anticipated, but it includes additional grading and clearing that would have been done in the construction phase, so the additional money is coming from the construction phase for that. Rick said Dickson has been around for 25 years, and he had worked with them at a previous job where they had done good work. Some trees from the golf course can be used at Codiga Farm. A private party is buying the kitchen equipment at the clubhouse for $3,000, so new equipment will be purchased for the new clubhouse kitchen. The city will own the equipment, and the concessionaire will lease it to pay it down, at which time the city will buy it back at its depreciated cost. Recommend bid award to Reaular Meetina. 2. Manufacturina and Industrial Center Study The Council had asked for information about allowing offices in the industrial area of Tukwila, so additional studies were done. King County Planning Policies have recommended that cities discourage land uses not compatible with manufacturing and industrial uses, and that they limit the size of offices and retail unless they are an accessory use to an industry. Tukwila's Comprehensive Plan also does not allow uses that are unrelated to manufacturing and industry. There is a limited amount of industrial land in King County, and the reports envision the need for such land remaining and perhaps increasing into the future, though how and how much it will grow is unknown. The work done in industrial areas brings in more new money to the region rather than offices, which shift money within the region. Another issue is that because offices are valued higher than manufacturing uses, offices on industrial lands can drive up the price for industrial land, making it unavailable for manufacturing and industry, while remaining not extremely attractive to other offices. An issue raised by offices is the city's process of programmatic EIS work to allow companies to do remodels without full EIS work (because they fill out general information before the Programmatic EIS). These do not include detailed transportation analyses. Offices would have impacts on traffic that manufacturing and industry do not have. Staff had outlined five policy options for Council regarding offices in the industrial areas. One option would recognize existing offices; others would allow office use as a permitted use with or without size restrictions. Steve L asked if this was an issue the committee thought the Council would like to consider in 2003, or refer to the 2004 update. Pam said it should be done in '03 if it fits in the work plan of DCD. Joan wanted it to be taken to Council to at least get them familiar with the issue even if it's not formally decided upon until next year. Joan asked if offices would be conditional uses in industrial areas, and Steve said they could be in the future if wanted, but are not now. EXHIBIT C STARFIRE SPORTS FACILITIES The FACILITIES will be comprised of 13 athletics fields, consisting of an athletic center building housing two indoor soccer fields, and associated facilities, one outdoor soccer stadium field, six outdoor soccer fields, and four or more softball fields and other athletic and recreational facilities that may be developed in conjunction therewith. The FACILITIES may provide on the PREMISES for a range of field sports and community events, including but not limited to soccer, softball and baseball, rugby, lacrosse, and cricket. AGREEMENT 50367676.02 Exhibit C