Parks and Public Works Committee

CITY OF PRESCOTT PARKS & PUBLIC WORKS COMMITTEE MONDAY, MARCH 25 5:00 PM MUNICIPAL BUILDING 800 BORNER ST PRESCOTT, WI 54021 1) Call to Order 2) Roll Call 3) Approve Minutes for February 19, 2024 4) Public Works Items a) US Highway 10 and State Highway 35 Agreements Update 5) Parks Items a) Blue Trail Construction at Magee Park b) Riverfront Improvements 2 Phase – Grant Discussions c) Freedom Park Shed Request 6) Other Business 7) Adjourn NOTICE ACCESS TO THE MUNICIPAL BUILDING FOR THE DISABLED IS AVAILABLE AT THE MAIN ENTRANCE. ALL THOSE WITH SPECIAL NEEDS SHOULD CALL CITY HALL OFFICES (715- 262-5544) IF ASSISTANCE IS REQUIRED IT IS POSSIBLE THAT A QUORUM OF THE COMMON COUNCIL OR OTHER CITY COMMITTEES MAY BE PRESENT AT THIS MEETING. THIS IS INCIDENTAL AND NO ACTION WILL BE TAKEN BY THE COUNCIL OR ANY OTHER COMMITTEES.  Parks and Public Works Committee Meeting Minutes February 19th, 2024 Pursuant to due call and notice thereof, a meeting of the Parks, and Public Property Committee was held, February 19th, 2024, Municipal Building, 800 Borner Street, Prescott, Wisconsin 54021. The meeting was called to order at 5:02 PM. Committee Present: Bailey Ruona, John Peterson, Pat Knox Committee Absent: None. Staff Present: City Administrator Matt Wolf, Planner Carter Hayes, Public Works Director Mike Kinneman Others Present: None. 1. Approve Minutes for January 16th, 2024. Ruona motioned to approve the minutes for January 16th. Peterson seconded; motion passed (3-0). 2. Public Works Items A) Cherry Street Scope of Work City Administrator Matt Wolf presented information regarding the Cherry Street Scope of Work. Committee Member Ruona asked which sidewalk will be removed. The committee favored the overall scope of the work. Committee Member Ruona motioned to approve the scope of work. Peterson seconded; motion passed without a negative voice (3-0). B) 2024 Kinnikinnic Street Scope of Work City Administrator Wolf presented information regarding the Kinnikinnic Street scope of work. Committee Member Ruona stated it makes sense to put this project as a bid alternate for the Elm & Washington Street project. C) Compost Site Upgrade Update City Planner Carter Hayes presented information regarding the compost site upgrade. The committee favored the proposed upgrades that increase the availability and access of the compost site. The QR Code functionality was not a worry for the committee. D) Discussion on USH 10 and STH 35 Financial and Maintenance Agreements 1 City Administrator Wolf presented information regarding the Financial and Maintenance Agreements for US Highway 10 (USH 10) and State Highway 35 (STH 35). Committee Member Ruona suggested obtaining historical maintenance costs from Pierce County for the relevant road segment covered by the agreement. She also emphasized the need for a written warranty for work covered by the Wisconsin Department of Transportation (WDOT), which hasn't been provided yet. Committee Member Knox suggested that, considering the current circumstances, the best course of action would be to weigh the pros and cons and proceed with signing the agreement. Committee Member Peterson proposed once again requesting additional provisions to assist the City, such as reimbursement for safety equipment required for highway closures. Peterson also inquired about the possibility of scheduling another meeting with WDOT to further discuss the agreement. Public Works Director Kinneman expressed interest in revisiting discussions about the retaining wall along STH 35. Committee Member Ruona recommended bringing the agreement before the council for further deliberation. Committee Member Ruona motioned to bring the agreement before the Council. Knox seconded; motion passed without a negative voice (3-0). E) Pierce County Recycling Receptables City Planner Carter Hayes presented information regarding the Pierce County Recycle Receptacles. Committee Member Peterson favored the location at the end of Ryden Road because it is located away from residential homes. Committee Member Ruona also favored the Ryden Road site as a location but raised concerns about the isolation of the site. Committee Member Ruona motioned to approve the recycle receptacle location. Peterson seconded; motion passed without a negative voice (3-0). 3. Parks Items A) Riverfront Improvements Phase 2 – Grant Opportunities City Planner Carter Hayes presented information regarding grants that align with the Riverfront Phase 2 project. The Committee stated that the City should pursue all grant opportunities available. City Planner Carter Hayes can apply for stewardship grants and the City can request quotes from Cedar Corporation for the remaining grants. 4. Other Business A) Freedom Park – Shed Request The City has not received plans for the shed request. The Committee discussed a structural issue with the Freedom Park building. The City is working with Cedar Corporation to analyze the issue. B) Magee Park Update City Administrator Wolf stated the City has received and signed the grant agreement with the WDNR for the Knowles Nelson Stewardship Grant. The City is also awaiting the flood zone study to be completed by Cedar Corporation. Knox motioned to adjourn. Ruona seconded; motion passed (3-0) at 6:02 pm The next Parks Committee meeting will be March 18th, 2024, at 5:00 PM. 2 Respectfully Submitted, Carter Hayes City Planner 3 To: Parks and Public Works Committee From: Matt Wolf, City Administrator Date: March 22, 2024 Subject: USH 10 & STH 35 Update Discussion At the last Parks and Public Works Committee meeting it was asked to request that WisDOT include language that the City be reimbursed for any capital expenses over $5,000 for any given year. The City received the following answer from WisDOT: No process exists for reimbursement of items within the State/Municipal Maintenance Agreement. The agreement outlines the intent of routine maintenance expectations between projects. Report any deficiencies beyond routine to the state. Municipalities should report issues directly to the county. The county works through the DOT area maintenance coordinator to assist with major repairs such as storm sewer structure replacements and broken pipe sections. Additionally, the project requires that the sidewalk going up STH 35 have a small 825 square foot easement. The property owner has indicated to staff that they have no interest in negotiating to establish the easement. As a result, staff asked if there was a process for if we could change the scope so that the curb and gutter bump out further to avoid the easement but still get the sidewalk connection all the way along 35. The City heard back the following: As discussed previously with the committee after Bureau of Project Development discussion, the current highway section is at the minimum width standard. The curb and gutter or the roadway section cannot be moved to accommodate the sidewalk. DOT can also not condemn for the new sidewalk installation if the land owner does not agree to the real estate need. This new sidewalk layout was a concept prepared during scoping to gather estimated costs for project funding and cost-share agreement. Verification of right-of-way and topography survey information still needs to be gathered for design. DOT will create a new base survey drawing for design and work with the city to review sidewalk locations and wall structure type options available to help minimize real estate costs required. Recommendation Discuss the Financial and Maintenance Agreements for USH 10 and STH 35/29 To: Parks and Public Works Committee From: Matt Wolf, City Administrator Date: March 22, 2024 Subject: Blue Trail Construction Discussion The City of Prescott signed a Memorandum of Understanding with Coulee River Trails group in August of 2022. As part of that agreement, CRT is responsible for design and maintenance of any potential “blue” trails or mountain bike trails. These are called blue trails as the concept plan that the City approved in 2022 labeled these mountain bike trails blue. Additionally, as part of CRT working to improve Magee Park and design trails within the City. The City of Prescott set aside $50,000 for their work. To date there is still remaining $33,033 left of the funding set aside in the Capital Improvement Fund for trail development through CRT. Coulee River Trails has put together a proposal to move forward with development of the blue trail and will be present at the meeting to discuss. Recommendation Discuss the proposal by Coulee River Trails for development of the blue trails Attachments 1. Magee Park Concept Plan 2. Coulee River Trails Development Proposal  770 826 PRIVATE LAND 812108 880 76 8 764 820 754 766 768 MOUNTAIN BIKE TRAIL 81 CONNECTION TO 4 ZONE 2 HILLSIDE 762 788 786 760 770 PRIVATE LAND 78 6 762 770 PHASE 5 PUBLIC ACCESS (STAIRS?) TO PRIVATE LAND FLORA SQUARE 758 ADA CONNECTION POINT TO ZONE 2 TRAILS - CONNECTION TO HIGH SCHOOL 760 810 758 4 82 6 75 4 75 2 836 75 756 756 8 PHASE 1 80 ADA LOOP 824 816 836 6 83 836 834 PHASE 2 PHASE 2 PICNIC SHELTER / MOUNTAIN BIKE BATHROOM SKILL PARK PHASE 1 772 2 82 780 BLUE PHASE 1 TRAIL PHASE 1 WELCOME SIGNAGE TRAIL SYSTEM SIGNAGE 2 80 83 4 PHASE 1 PHASE 2 FIX IT STATION/ BIKE 'NATURE' PLAYGROUND 810 844 RACK 804 0 2 88000 83 81 PHASE 2 8 PHASE 1 EXISTING RETENTION PHASE 3 PICNIC TABLES/ 83 8 FIREPIT PARKING LOT ADA LOOP 26 BAYS RESTORED 760 NATIVE 84 4 POND LANDSCAPE PHASE 1 768 824 TRAILHEAD GREENSPACE TO HAVE NATIVE SPECIES /LOW 752 2 MAINTENANCE VEGETATION 75 82 8 84 0 782 818 76 6 PHASE 1 830 ADA TRAIL CONNECTING DIRECTLY 762 790 TO WASHINGTON STREET/ELM 808 STREET AND ON TO FREEDOM PARK AND DOWNTOWN PRIVATE LAND PRIVATE LAND 754 756 758 PHASE 4 TRAIL TO ZONE 4 BENEATH HIGHWAY BRIDGE 6 75 756 7 56 758 75 8 MAGEE PARK HIGHWAY 35 0 125 250 lllll SCALE ( IN FEET ) N Coulee River Trails 1 1 OF SHEET NO. 54021-1 PROJECT #: CONCEPTUAL DESIGNS MAGEE PARK PLANVIEW PLOT DATE: 2/17/2022 11:49 PM D:\ARCMAP\Prescott\ZONE3\dwg\CONCEPT DRAWING 3rd DRAFT.dwg  Coulee River Trails MTB Single-Track – Zone 3 (Magee Park) - Proposal Proposal Coulee River Trails respectfully requests the City of Prescott solicit and hire a qualified contractor to construct approximately 0.7 miles of single-track mountain bike trails within Magee Park. Coulee River Trails will help facilitate the Request by providing the needed qualifications for a contractor and can provide the needed project background information for the Bid Request. Project Description The project aims to develop a recreational amenity within Magee Park by constructing approximately 0.7 miles of single-track mountain bike trails. These trails will be designed and built to meet the International Mountain Bicycling Association (IMBA) quality standards, ensuring a safe, sustainable, and enjoyable experience for users of all skill levels. These trails will also be accessible to hikers as an additional recreation opportunity. Trails will be constructed along the hillsides of Magee Park as originally displayed in the Magee Park Concept Plan and Map that was adopted by the Prescott City Council in February of 2022. The plan for these single track trails were mapped out by an experienced trail builder, Tim Wagner, who has previously designed very successful trail systems. His project experience includes the trails at Lebanon Hills in Dakota County, and the Cuyuna Trail System in Northern Minnesota. The Coulee River Trails group has actively been clearing the trail alignment of vegetation to reduce costs, and will plan to assist in any additional capacity to create additional efficiencies while working with the qualified contractor. Qualification Requirements for Contractor The chosen contractor should possess the following qualifications: ● Demonstrated experience: Extensive experience in constructing single-track mountain bike trails to IMBA quality standards. ● IMBA Trail Solutions Professional (ITSP) Certification: At least one member of the construction team holding the ITSP certification, demonstrating expertise in sustainable trail building practices. ● Insurance and licensing: Possession of all necessary insurance and licenses required for construction work within the city limits. ● References: A proven track record with positive references from previous clients for similar projects. Explanation of IMBA Standards The International Mountain Bicycling Association (IMBA) is a non-profit organization dedicated to creating and maintaining sustainable mountain bike trails worldwide. Their Trail Building Standards and Sustainable Trail Design guide provides comprehensive guidance on constructing trails that minimize environmental impact, offer a positive riding experience, and promote responsible trail use. Key aspects of IMBA standards include: ● Sustainable trail design: Minimizing environmental impact through proper drainage, erosion control, and construction methods. ● Natural integration: Designing trails that blend seamlessly with the existing landscape and minimize disturbance to natural features. ● User experience: Creating trails that cater to different skill levels, ensuring safety and enjoyment for all riders. ● Trail sustainability: Building trails with proper materials and techniques to ensure long-term durability and minimize future maintenance needs. Conclusion As an important element of the accepted Magee Park Concept plan, we believe the development of these single-track mountain bike trails will significantly benefit the City of Prescott by: ● Enhancing recreation opportunities: Providing a new recreational amenity for residents and attracting mountain bike enthusiasts from the surrounding area. ● Promoting healthy lifestyles: Encouraging outdoor activity and physical fitness within the community. ● Boosting local economy: Contributing to increased tourism and potentially benefiting local businesses. We are confident that by securing a qualified contractor, adhering to IMBA standards, and working collaboratively with the City of Prescott, we can successfully complete this project and create a valuable addition to Magee Park. We welcome the opportunity to discuss this proposal further and answer any additional questions. List of Potential Qualified Trail Builders: ● Pathfinder Trail Building LLC ○ Afton, MN ○ Phone: 507-226-3799 ○ Website: www.pathfindertrailbuilding.com ○ Email: buck@pathfindertrailbuilding.com ○ This organization is familiar with the local soils and terrain and has completed numerous projects in our vicinity. ● Rock Solid Trail Contracting ○ Copper Harbor, MI ○ Contact through Website ○ Email: Rocksolidtrails.com ○ This organization is one of the largest in the nation. They send a ‘nomadic’ crew of 5-7 to worksites for the duration of a build. Our project is minimal compared to many of their million dollar projects. ● Great Lakes Trailbuilders, LLC ○ LaCrosse, WI ○ 25 years in the industry ○ Phone: 608-799-2389 ○ Website: www.greatlakestrailbuilders.com ○ Email: greatlakestrailbuilders@gmail.com ○ They build, do training, and lead volunteer efforts. ● Trail Source, LLC. ○ Wayzata, MN ○ Phone: 612-289-5708 ○ Website: trailsource.net/ ○ Email: Hunter@trailsource.net ○ This company has done a significant amount of trail building in MN and Wi. and is a recommended company from our initial planning work completed in 2021 by retired trail builder, Tim Wegner. To: Parks and Public Works Committee From: Carter Hayes, Planner Date: March 21st, 2024 Subject: Riverfront Phase 2 Grant Updates Background At the February 18th, 2024, Parks and Public Works Committee meeting, staff discussed pursuing various grants for the Riverfront Phase 2 project. Below is an update for each: Discussion BIG – Boating Infrastructure Grant Following the meeting with the DNR grant specialist, it was agreed to pursue Tier 1 funding, which is the statewide portion of the grant. Despite the limited budget of $300,000 per state, the DNR receives relatively few project submissions annually. It was noted that the proposed dock project by the City is highly compatible with the criteria for funding, and all items budgeted in the cost estimate are eligible for funding. Furthermore, it's important to highlight that BIG funding operates on a 75/25 cost share model. The City will pursue the June 1st application deadline. RBF – Recreational Boating Facilities The Recreational Boating Facilities funding can be used as part of the 25% match required for the Boating Infrastructure Grant. However, one condition of the grant is that the City must have fully engineered dock plans by the June 1st deadline. Knowles-Nelson Stewardship – Acquisition and Development of Local Parks During the meeting with the regional grant specialist, the project was thoroughly reviewed. As part of the application process, there's a chance the City may need to consider vacating the right-of-way and converting those areas into city-owned parcels. This step would enable the DNR to impose contract stipulations directly on the parcels themselves, should the City receive funding. The City will pursue the May 1st application deadline. T-Mobile Hometown Grant City staff have completed the grant application and are awaiting an additional letter of support before the March 31st deadline. Recommendation Offer feedback to staff regarding the pursued grants. To: Parks & Public Works Committee From: Carter Hayes, Planner Date: March 20th, 2024 Subject: Freedom Park Shed Request Background Friends of Freedom Park have contacted the City about the need for a garden shed. A small volunteer organization called Stewards of the Garden assists with landscaping and garden work within the park and has expressed the need for a shed to store equipment. Currently, garden equipment is stored inside Freedom Park but is burdensome for volunteers to access. Linda Schenk, Executive Director at the GRR Visitor and Learning Center originally contacted the Prescott School District to construct a shed, it was found that the Prescott School District cannot construct a shed to meet the needs and requirements of the Stewards of the Garden. Linda Schenk has since reached out to Prescott Buildings and Barns and obtained a quote for a shed. Discussion Prescott Buildings and Barns has prepared a quote of $4,479.11 for a 10 x 14 utility shed. If the Committee wants to move forward the shed can be paid for by one of two options: Parks Escrow Fund: This fund currently has an unassigned balance of $24,566.25 for 2024. It would be advised to wait until late 2024 to determine if sufficient funds remain in the budget to allow the shed purchase. The City has already spent $9,137.20 and allocated an additional $15,429.05 for the Magee Park Hydrology Study from this fund. Parks Upkeep Fund: This fund currently has a balance of $58,758.72 remaining for 2024. Recommendation Offer feedback to staff on if the Committee wants to move forward with the shed and if so which option to utilize funds for a shed purchase. Attachments 1. Prescott Buildings & Barns Quote 2. Freedom Park Shed Location Prepared by: Sarah and Jesse : 03/07/2024 11:47am (CST) Old Hickory Buildings Prescott Buildings and Barns Cust. Service: (615) 890-8075 1110 Hampshire St. www.oldhickorybuildings.com Prescott,WI 54021 715-279-3427 Purchase Type: ORDER-SHOP BUILT Date:03/07/2024 Building Type: Utility (8' Walls) Salesman:Sarah and Jesse Size: 10x14 Reference #: 1717617 NOTES/COMMENTS *Revisions on Custom Orders subject to fee, see below for details *All Sizes Nominal* *12' wide measured eave to eave* *7' & 8' Tall Walls Measured on Outside* Customer Name (Name must match ID) City Of Prescott Linda Schenk Delivery Address: 200 Monroe St Mailing Address: 800 Borner St N PAINTED (City) Prescott (State)WI (Zip )54021 City: Prescott State: WI (County) Pierce ZIP: 54021 Primary Phone: (651) 276-3867 Work Phone: QU Cell Phone: Email: linda.schenk@freedomparkwi.org Cash Sale *Checks payable to: Free setup includes leveling the building to the specifications on our Old Hickory Buildings, LLC* blocking diagram (customer may request a copy from dealer) Amount starting with the high corner at ground level or one four inch 03 OT Sales Price $4,845.00 concrete block high. Buildings may then be leveled to a maximum Option Cost $462.00 of 3 feet at the highest corner. If leveling requires one (1) foot or Subtotal $5,307.00 less, pressure treated wood may be used. If placement of the Discount $1,061.40 building requires it to be set on concrete blocks, the customer must have them ready PRIOR to delivery OR have a clear agreement /07 Total (Pre-Tax) $4,245.60 with the driver to supply the blocks at a price to be negotiated with Tax $233.51 the driver. In very rare cases, underground footers may be required E Total Cost $4,479.11 by local building codes. Old Hickory Buildings does not offer digging or footer services, and these services are not included in free setup. However, we can work with Customer or a contractor when required for an additional cost. Free delivery covers one trip up to thirty (30) /20 miles one way. Trips over thirty (30) miles are subject to a $4.00/mile (8, 10, & 12 ft wide) or $5.00/mile (14ft wide) or $6.00/mile (16ft wide) charge one way. Customer will be responsible for any additional mileage charge as well as the cost of any additional trips. * A non-refundable fee will be charged on cancellations or revisions of custom orders as follows: 10% on cash sales of 8ft, 10ft, & 12ft wide buildings, 20% on cash sales of 14ft & 24 16ft wide buildings, up to 50% on any build on site order; or, on rent to own sales, the security deposit plus first month's rent. QUOTE ONLY - NOT AN ORDER. PRICES SUBJECT TO CHANGE. Prepared by: Sarah and Jesse : 03/07/2024 11:47am (CST) Old Hickory Buildings, LLC - QUOTE SHEET Quote Only - Reference #: 1717617 Sales Lot Prescott Buildings and Barns Date 03/07/2024 Customer Name City Of Prescott Linda Schenk Bldg Type/Size 8' Utility (8' Walls) 10x14 Bldg Type Painted Item Price QtyTotal Price Double Door INCLUDED Flooring Engineered Panels T&G 8' Walls 175.00 EA 1 $175.00 Roof Rustic Red - Metal Barn White Trim 70.00 EA 1 $70.00 2×3 Window 105.00 EA 1 $105.00 Siding Type LP SmartPanel Loft 28.00 LF 4 $112.00 TOTAL OPTIONS PRICE $462.00 Exterior Finish Painted Wall Color Beige Paint Trim Color Barn White Paint Door Color Beige Door Trim Color Barn White PAINTED Shutter Color QU Notes/Comments 03 OT /07 E /20 24 QUOTE ONLY - NOT AN ORDER. PRICES SUBJECT TO CHANGE. Prepared by: Sarah and Jesse : 03/07/2024 11:47am (CST) Old Hickory Buildings, LLC - DRAWING SHEET Please send along with work order and order sheet on all custom orders - Reference #: 1717617 Sales Lot Prescott Buildings and Barns Date 03/07/2024 Customer Name City Of Prescott Linda Schenk Bldg Type/Size 8' Utility (8' Walls) 10x14 FRONT PAINTED RIGHT QU LEFT 03 OT /07 E /20 24 BACK Roof ridge runs from FRONT to BACK QUOTE ONLY - NOT AN ORDER. PRICES SUBJECT TO CHANGE.  Old Hickory Buildings, LLC - Additional Terms, Conditions, and Warranties Prepared by: Sarah and Jesse : 03/07/2024 11:47am (CST) Please send along with work order, order sheet, and drawing sheet on all custom orders - Reference #: 1717617 Sales Lot Prescott Buildings and Barns Date 03/07/2024 Customer Name City Of Prescott Linda Schenk Bldg Type/Size 8' Utility (8' Walls) 10x14 Additional Terms, Conditions and Warranties 1. SALE IS NOT FINAL. This Agreement is subject to approval and execution by Old Hickory's corporate office. Old Hickory has the right to refuse any sale up until the time when the building is set up at customer's location. Old Hickory shall have the right to correct any errors in this Agreement concerning pricing or taxes. 2. LIMITED WARRANTY. Customer will receive a limited five-year warranty. The details of this warranty can be found online at www.oldhickorybuildings.com. Customer acknowledges that Customer has been provided a copy of this warranty or have had adequate time to review this warranty online. Discounted Buildings do not carry a warranty on cosmetic issues. 3. DELIVERY AND SETUP. Old Hickory strives to deliver all buildings in a timely manner consistent with our customers' expectations; however, Old Hickory does not guarantee dates or times of delivery. Customer expressly understands that inclement weather, vehicle problems, difficulties at other delivery locations, and/or other unforeseen circumstances can affect the date and time of delivery. Old Hickory is not responsible for any of Customer's lost work time associated with any delays or rescheduled deliveries. Customer represents that the delivery location will be accessible by a truck and trailer. It is the Customer's responsibility to decide if ground conditions are unsuitable or too wet for delivery. Customer is responsible for informing the delivery driver of any utility hazards or any other relevant matter prior to commencement of setup. 4. LIMITATIONS. Old Hickory is not responsible for permits, snow/wind load requirements, covenant searches, restrictions, setbacks, yard damage, or underground damage. Please contact your local building inspector and/or homeowner's association for information on requirements and restrictions. Customer shall be solely responsible for and shall obtain any necessary permits PRIOR TO installation. Customer agrees to indemnify and hold harmless Old Hickory and its independent contractor delivery drivers for any yard damage done during installations and/or any violation of any government ordinance or code resulting from the installation of any Old Hickory product at Customer's location. Customer releases Old Hickory and its independent contractor delivery drivers from any claims for punitive, indirect, incidental, special, or consequential damages. 5. PAYMENT. Drivers do not take credit cards. All balances due must be paid by cash or check on delivery. Balance due paid by credit card must be paid prior to delivery. Credit card price is 3% higher than discounted cash price listed on the work order. In the event building is not paid for before or on delivery, driver will not leave building and additional trip charges will be incurred. If delivery has not been made within 90 days, cash customers must pay balance due, rental customers must pay the rent due or other amounts as QU required by the rental purchase agreement, or the order is subject to cancellation and cancellation fee will be charged. All amounts not paid at delivery will be considered past due. On cash sales, customer may choose option to postpone construction start date and extend requirement to pay within 90 days for an additional 10% non-refundable fee paid at the time of sale. If customer chooses to postpone construction start date, the customer still must pay the balance due within 90 days of construction completion regardless of whether building is delivered. 6. CANCELLATIONS AND REFUNDS. If Customer is dissatisfied with the Old Hickory product upon acceptance of delivery by 03 Customer or Customer's authorized agent, Customer's sole recourse is to file a warranty claim. OT 7. LATE PAYMENT, COSTS OF COLLECTION, AND RETRIEVAL. Unless otherwise prohibited by state law, if Old Hickory must engage in any effort to secure payment or otherwise seek to compel Customer to fulfill any of Customer's obligations under this Agreement, Customer agrees to reimburse Old Hickory for any and all reasonable attorney fees, costs, and other expenses. For cash sales, Old Hickory may charge a monthly late fee equal to 10% of the amount due or the maximum amount allowed by law. FOR CASH SALES, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT A FAILURE TO PAY ALL AMOUNTS DUE ENTITLES /07 OLD HICKORY THE RIGHT TO RETRIEVE THE OLD HICKORY PRODUCT AND CUSTOMER FURTHER WAIVES ANY AND ALL E RIGHTS AND/OR CLAIMS FOR REFUND FOR ANY PAYMENTS MADE PRIOR TO SUCH RETRIEVAL UNLESS THE PAYMENTS MADE EXCEED THE DEPOSIT PLUS EXPENSES INCURRED BY OLD HICKORY IN RETRIEVING THE OLD HICKORY PRODUCT. 8. REPRESENTATIONS AND WARRANTIES. Customer hereby represents and warrants to Old Hickory, that Customer is the owner, or an authorized agent of the owner, of the property on which the Old Hickory product is to be delivered and set up. 9. SEVERABILITY; APPLICABLE LAW AND VENUE; CLASS ACTION WAIVER. If any provision of this Agreement is invalid, illegal, /20 or incapable of being enforced by reason of any rule of law, public policy, or otherwise, any remaining provisions of this Agreement shall nevertheless remain in full force and effect. Unless otherwise prohibited by state law, this Agreement will be governed and construed by the laws of the State of Tennessee, without giving effect to its choice of law principles, and Customer agrees that any legal action arising out of this Agreement instituted by Customer will be brought, and consents to the jurisdiction and venue in, Rutherford County, Tennessee. Customer specifically agrees that any claims arising out of or relating to this Agreement must be brought by Customer in an individual capacity and expressly waives any right or option for Customer to bring any claim related in any 24 way to this Agreement as a plaintiff or class member in any representative action. 10. ELECTRONIC NOTICE; CONSENT TO USE INFORMATION. Customer and Old Hickory have agreed to conduct all and/or portions of this transaction by electronic means, including, but not limited to, acceptance by Customer of any revisions regarding errors in pricing or taxes. Customer consents to Old Hickory's use of any information disclosed by Customer for the purposes of completing the transactions contemplated in this document, for providing any ongoing support and services, and otherwise in accordance with Old Hickory's privacy policy. Such consent includes the disclosure of such information to third parties which is reasonably necessary for such purposes. Customer may request a copy of Old Hickory's privacy policies and practices through the above contact information. Customer agrees to be bound by the terms, conditions, and warranties set forth herein and expressly acknowledges that there are no agreements of any type or kind other than those set forth herein. QUOTE ONLY - NOT AN ORDER. PRICES SUBJECT TO CHANGE.  ROW ROW ROW ³ These data are provided on an "AS-IS" basis, without warranty of any type, expressed or implied, including Freedom Park Shed Location Pierce County, WI but not limited to any warranty as to their performance, merchantability, or fitness for 1:1,200 Date: 3/18/2024 any particular purpose. This map is not a substitute for accurate field surveys or for locating actual property lines and any adjacent features.