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HomeMy WebLinkAbout#10 Easton Village park planMAYOR AND COUNCIL COMMUNICATION DATE: 2-2-16 REGULAR ITEM #: 10 MOTION AGENDA ITEM: Easton Village Park Plan SUBMITTED BY: Clark Schroeder THROUGH: Parks Commission REVIEWED BY: Clark Schroeder SUGGESTED ORDER OF BUSINESS: - Introduction of Item .................................................................................................... Staff - Report/Presentation .................................................................................................... Staff - Questions from Council to Staff ............................................................ Mayor Facilitates - Public Input, if Appropriate ................................................................... Mayor Facilitates - Call for Motion .............................................................................. Mayor & City Council - Discussion ..................................................................................... Mayor & City Council - Action on Motion .................................................................................. Mayor Facilitates PUBLIC POLICY STATEMENT NO POLICY BEING SET SUMMARY AND ACTION REQUESTED: Staff is requesting the city council to approve a plan for a city park which is located in Easton Village development. Purchases would still need to come to council, this is only approval of what the city is looking at putting in this city owned park. BACKGROUND AND STAFF REPORT: Easton Village is a development east of the old village bordering along Manning Avenue across from the airport. This development will entail 217 single family dwellings being built out over the next few years. The developer’s agreement states the following regarding parkland dedication. (see attached developers agreement) 19. PARK DEDICATION. The Developer shall be required to dedicate 9.84 acres of land for public park purposes for the entire subdivision. The Easton Village Final Plat includes the dedication of 3.99 acres of land, which represents 40.5% of the overall total land dedication required. Future project phases shall either include dedication of the remaining 5.85 acres of park land or a cash payment in lieu of land dedication consistent with the Lake Elmo Subdivision Ordinance. In addition the agreement states this: O. The City and Developer agree to prepare a plan for improvements to the Outlot D park area by December 15, 2015 with installation of said improvements to be completed by June 30, 2016. The Parks Commission has recommended a three phase build out based on the number of homes built. Their recommendation is 1/3 of the amenities be installed after 72 homes, 2/3 after 144 homes and 100% after all the homes are built. The attached plan and cost estimates give an estimation of the costs associated with this city park and the three phases of buildout. Because of the expense of each phase, the city would have to solicit bids for the amenities. The plans, and estimates before you today are to just set a plan in place to affirm that the city has intention of putting amenities into our park and approximately what they would be. We would need to send out a RFP for each phase and compare cost estimates per the cities purchasing policy. The opinion of the Administrator is that since the city council said they would put in amenities by June 30th 2016, we should put in the first phase of our park amenities this summer before 72 homes are completed. The additional attachment details the playset to home ratio for playground in current city parks. Please note, that other amenities such as shelter, Basketball courts, ball fields, trail, are not part of the cost listed on the sheet. When compared to other developments within the city, the total of all three phases in well within what we have done for other city parks with amenities on a per home basis. RECOMMENDATION: I offer you two motions for consideration. Motion One: Move to direct staff of solicit bids for phase one to be installed after 72 homes have been completed. Motion two: Move to direct staff to solicit bids for phase one to be installed the summer of 2016. ATTACHMENT(S): Easton Village Development agreement Easton Village outlot D Easton village illustrative site plan 2-20-15 Easton phase 1 quote Easton Phase 2 quote Easton Phase 3 quote Lake Elmo Easton Village park plan layout Lake Elmo- Easton Village rubber mulch Equipment Quotation City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 City of Lake Elmo 3445 Ideal Avenue Lake Elmo, MN 55042 Prepared For: Location: Jay Webber 1442 Brooke Court Hastings, MN 55033-3266 Phone: (651) 438-3630 Fax: (651) 438-3939 Quote Number:13150394 Quote Date:12/21/2015 Customer Number 5504B09 Terms of Sale:Net 30 Shipping Method:Miracle Freight Terms:Prepaid Approximate Ship Date:ASAP Cust PO Num:Phase 1 Sales Representative Payment/ Accounting Contact: Mike (651) 248-7828 Shipping/ Delivery Contact: Mike (651) 248-7828 Customer Class: 1. Parks & Rec mbouthilet@lakeelmo.org Payment Remittance: Miracle Recreation Equipment Company PO Box 204757, Dallas, TX 75320-4757 PO Remittance (if other than Sales Representative): Quantity Item Number Description 1 7145029 SQUARE DECK (ATTACHES TO 4 POSTS) 1 71453669 CST 6'6" HEXAGON DECK FOR ROOF 4 7145494 5" OD X 124" POST (4 DECK) 6 71457218 5" OD X 18" POST EXTENSION W/HARDWARE 1 7147148 RACE CAR PANEL W/WHEEL 1 7147196 CLIFF CLIMBER (6'6" DECK) 1 7147264 MOGUL SLIDE-ONE PIECE (4' DECK) 1 714734 SAFETY PANEL AGES 5-12, FREE STANDING 1 7147554 HONEYCOMB CLIMBER (4' DECK) 1 71475969 9'4" TYP SLIDE 630 D (6' & 6'6" DECK) 1 714808 CLIMBING POLE (3', 5' OR 6'6" DECK) 1 7148161 WIRE MESH ENCLOSURE 1 71485149 SQUARE TRANSFER POINT W/CLOSED HR (4' DECK) 1 7148626 ROOF FOR HEXAGON DECK, PERF STEEL 1 7149609 ADA STAIRS BETWEEN DECKS W/2' 6" RISE 1 753 MAYPOLE 1 2720 SWG PART THERAPEUTIC SWG SEAT W/CHAIN (8' TR) 2 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 1 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 1 7147352 5" OD SINGLE POST SWG FRAME ONLY 2 SEATS REQ 1 7147352HHX 5" OD ADD-A-BAY 8' TR (2) THERA SEAT REQ MC Page 1 of 3Rep #: 13 Order #: 13150394 Rev E 021815 Equipment Total:$34,490.00 Freight:$1,969.32 Installation:$8,620.00 Discount:$8,622.50 Grand Total:$36,456.82 This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company (“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net- 30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204757, Dallas, TX 75320-4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number:13150394 Quote Date:12/21/2015 Equipment Total:$34,490.00 Grand Total:$36,456.82 Submitted By Printed Name and Title Date By:Date: ADDITIONAL TERMS CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY. Page 2 of 3Rep #: 13 Order #: 13150394 Rev E 021815 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Page 3 of 3Rep #: 13 Order #: 13150394 Rev E 021815 Equipment Quotation City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 City of Lake Elmo 3445 Ideal Avenue Lake Elmo, MN 55042 Prepared For: Location: Jay Webber 1442 Brooke Court Hastings, MN 55033-3266 Phone: (651) 438-3630 Fax: (651) 438-3939 Quote Number:13150395 Quote Date:12/21/2015 Customer Number 5504B09 Terms of Sale:Net 30 Shipping Method:Miracle Freight Terms:Prepaid Approximate Ship Date:ASAP Cust PO Num:Phase 2 Sales Representative Payment/ Accounting Contact: Mike (651) 248-7828 Shipping/ Delivery Contact: Mike (651) 248-7828 Customer Class: 1. Parks & Rec mbouthilet@lakeelmo.org Payment Remittance: Miracle Recreation Equipment Company PO Box 204757, Dallas, TX 75320-4757 PO Remittance (if other than Sales Representative): Quantity Item Number Description 1 4424 WEBSCAPES PEGASUS 4M ACTIVITY NET 1 7145029 SQUARE DECK (ATTACHES TO 4 POSTS) 4 714553 5" OD X 160" POST (5'6" TO 6'6" DECKS) 1 7146616 DNA CLIMBER (6' & 6'6" DECK) 1 7147142HB FIRE TRUCK 1/2 PANEL (BELOW DECK) 1 7147239 8' BURMA BRIDGE 1 7147716S DUPLI-GATOR SLIDE (6' & 6'6" DECK) 1 7149746 WIGGLY WORM CLIMBER (5' OR 6'6" DECK) 1 6063 REFLEX 1 7189941 FUN FONE PAIR (2 FONES) W/ONE (1) POST Equipment Total:$34,236.00 Freight:$1,667.50 Installation:$8,700.00 Discount:$6,847.20 Grand Total:$37,756.30 Page 1 of 3Rep #: 13 Order #: 13150395 Rev E 021815 This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company (“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net- 30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204757, Dallas, TX 75320-4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number:13150395 Quote Date:12/21/2015 Equipment Total:$34,236.00 Grand Total:$37,756.30 Submitted By Printed Name and Title Date By:Date: ADDITIONAL TERMS CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY. Page 2 of 3Rep #: 13 Order #: 13150395 Rev E 021815 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Page 3 of 3Rep #: 13 Order #: 13150395 Rev E 021815 Equipment Quotation City of Lake Elmo 3800 Laverne Avenue N. Lake Elmo, MN 55042 City of Lake Elmo 3445 Ideal Avenue Lake Elmo, MN 55042 Prepared For: Location: Jay Webber 1442 Brooke Court Hastings, MN 55033-3266 Phone: (651) 438-3630 Fax: (651) 438-3939 Quote Number:13150396 Quote Date:12/21/2015 Customer Number 5504B09 Terms of Sale:Net 30 Shipping Method:Miracle Freight Terms:Prepaid Approximate Ship Date:ASAP Cust PO Num:Phase 3 Sales Representative Payment/ Accounting Contact: Mike (651) 248-7828 Shipping/ Delivery Contact: Mike (651) 248-7828 Customer Class: 1. Parks & Rec mbouthilet@lakeelmo.org Payment Remittance: Miracle Recreation Equipment Company PO Box 204757, Dallas, TX 75320-4757 PO Remittance (if other than Sales Representative): Quantity Item Number Description 1 7147341 SAFETY PANEL AGES 2-5, FREE STANDING 1 953 ATV "C" SPRING RIDER 3 7185019 TRIANGLE DECK (ATTACHES TO 3 POSTS) 1 7185049 1/2 HEX OPEN DECK (ATTACHES TO 5 POSTS) 1 718552 3 1/2" OD X 130" POST (3' TO 5' DECKS) 6 718573 3 1/2" OD X 162" POST FOR ROOF (3'6" TO 5'DK) 1 7187264 MOGUL SLIDE (4' DECK) 1 7187306 HEXAGON TREE HOUSE ROOF 1 71874849 6'2" TYPHOON II SLIDE 360 DEG (4' DECK) 1 71875734 45 DEG SLOPED CLIMBING WALL (3' & 4' DECK) 1 7187633B 3-LETTER WORD SPELLER PANEL (BELOW DECK) 1 7187635 PLANET PANEL 1 718812 12" RISER PLATE 1 718851359 SQUARE TRANSFER POINT W/OPEN HR (3' DECK) 1 7189173 CURVED TENSILE CLIMBER (3' DECK) 1 7189941Z FUN FONE PRICE INCLUDED IN 7189941 Equipment Total:$19,335.00 Freight:$1,596.66 Installation:$5,325.00 Discount:$2,900.25 Grand Total:$23,356.41 Page 1 of 3Rep #: 13 Order #: 13150396 Rev E 021815 This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company (“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net- 30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 204757, Dallas, TX 75320-4757, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number:13150396 Quote Date:12/21/2015 Equipment Total:$19,335.00 Grand Total:$23,356.41 Submitted By Printed Name and Title Date By:Date: ADDITIONAL TERMS CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate safety surfacing under and around the Equipment, in accordance with Miracle’s product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2. Default, Remedies & Delinquency Charges. Customer’s failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic’s or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys’ fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT COMPANY. Page 2 of 3Rep #: 13 Order #: 13150396 Rev E 021815 3. Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMER’S ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLE’S INSTALLATION AND OWNER’S MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4. Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5. Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer’s obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6. Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8. Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9. Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document, and retransmission of any signed facsimile or other electronic transmission, shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Page 3 of 3Rep #: 13 Order #: 13150396 Rev E 021815 1442 Brooke Court · Hastings, MN 55033-3266 (651) 438-3630 · Fax: (651) 438-3939 (800 677-5153 www.webberrec.com December 21, 2015 City of Lake Elmo ATTN: Mike Bouthilet 3800 Laverne Avenue N. Lake Elmo, MN 55042 Dear Mike, Below is the surfacing and playground concrete border cost for Easton Village Park playground. SuperSacs of Colored Rubber Mulch Delivered Only $ 9- 4’x6’x2” Dyna Cushion Mats Delivered Only 2,430.00 424 lineal feet of 6”x12” playground curbing 11,350.00 Total Rubber Mulch, Dyna Cushion Mats and Concrete curbing Cost $ Concrete costs do not include shelter slab or sidewalk. Optional Goalsetter Basketball Goals (2) $ 1,950.00/each $ 3,900.00 Delivery to Lake Elmo, MN 380.00 Goalsetter Installation (2) 1,800.00 Total Delivered and installed Goalsetters (2) $ 6,080.00 Does not include basketball court surface. If you have any questions or need clarification, please feel free to give me a call. Sincerely, Jay Webber- President WEBBER RECREATIONAL DESIGN, Inc.