HomeMy WebLinkAbout#05 - Savona Park Zip Line STAFF REPORT
DATE: 6/5/2018
CONSENT
ITEM #: 5
TO: City Council
FROM: Rob Weldon, Public Works Director
AGENDA ITEM: Savona Park Zip Line
REVIEWED BY: Ben Prchal, City Planner
Kristina Handt, City Administrator
BACKGROUND: In March 2017 the City Council reviewed and approved amenities to be included in
the construction of Savona Park. Residents of the neighborhood submitted requests for amenities and
brought those request forward for staff and Parks Commission review.
ISSUE BEFORE COUNCIL: Does the City Council support and approve installation of a Zip Line in
lieu of a basketball court?
PROPOSAL DETAILS/ANALYSIS: Since Commission recommendation and Council approval of
Savona Park Construction several obstacles have risen with the size and topography of the park parcel along
with orientation and installation of park amenities. One such challenge is the installation of a basketball
court. With the natural features of the land staff feels it will be difficult to install a basketball court without
significant grading and tree removal. Grading needs to take place to ensure the natural water drainage is
diverted away from the proposed court location and tree removal will need to take place allowing for
grading and adequate space for the court. If the required number of trees are removed to allow for drainage
and basketball court installation a “natural buffer” between the park and several residential back yards will
no longer exist.
After review of the initial survey and amenity request from Savona residents, staff feels the addition of a
zip line in place of the basketball court will meet the needs of area residents. An email was sent to the
original survey facilitator and support for the zip line was confirmed rather than removal of several trees to
allow for a basketball court.
FISCAL IMPACT: No new addition impact is expected beyond the approved $150,000
OPTIONS: - Approve Zip Line installation in place of basketball court
- Deny Zip Line installation and continue with basketball court installation
- Table for further discussion
RECOMMENDATION: if removed from Consent Agenda
“Motion to approve installation of a Zip Line in lieu of a basketball court at Savona Park”
ATTACHMENTS:
• Zip Line Drawings
• Quote
Savona Park- Glide Along
Lake Elmo, MN
GLIDE ALONG STANDARD
682
59'
25'-9"
AN ENERGY ABSORBING PROTECTIVE SURFACEIS REQUIRED UNDER & AROUND ALL PLAYSYSTEMS
GROUND SPACE:
PROTECTIVE AREA:
DRAWN BY:DATE:
PHONE NO:
FAX NO:
To promote safe and proper equipment useby children. Miracle recommends theinstallation of either a Miracle safety sign orother appropriate safety signage near eachplaysystem's main entry point(s) to informparents and supervisors of the ageappropriateness of the playsystem andgeneral rules for safe play.
COMPLIES TO ASTM/CPSC
THE PLAY COMPONENTS IDENTIFIED IN THISPLAN ARE IPEMA CERTIFIED. THE USE ANDLAYOUT OF THESE COMPONENTS CONFORMTO THE REQUIREMENTS OF ASTM F1487.
R0013_43220456601
Lake Elmo, MN
Savona Park-Glide Along
(651) 438-3939
(651) 438-3630
Hastings,MN
1442 Brooke Court
4/30/2018Jay Webber
58'-6" x 25'-6"
46'-0" x 13'-6"
WEBBER RECREATIONAL DESIGN, INC.
4/30/2018 Page 1 of 3
QUOTE: R0013183100
Miracle Recreation Equip. Co.
878 E. US Hwy 60
Monett, MO 65708
1-888-458-2752
QUOTE: R0013183100
CUSTOMER: 5504B09
Project: R0013_43220456601_01
Prepared For: Project Name & Location: Prepared by:
Rob Weldon Savona Park Webber Recreational Design, Inc.
City of Lake Elmo
3800 Laverne Avenue N.
Lake Elmo, MN 55042
(651) 747-3941 (phone)
RWeldon@lakeelmo.org
Glide Along
1442 Brooke Court
Hastings, MN 55033
(651) 438-3630 (phone)
(651) 438-3939 (fax)
jwebber@webberrec.com
Ship To Address: End User:
Rob Weldon Rob Weldon
City of Lake Elmo
3445 Ideal Avenue N.
Lake Elmo, MN 55042
(651) 248-7828 (phone)
RWeldon@lakeelmo.org
City of Lake Elmo
3445 Ideal Avenue N.
Lake Elmo, MN 55042(651)
248-7828 (phone)
RWeldon@lakeelmo.org
Quote Number: R0013183100
Quote Date: 4/30/2018
Valid For: 30 Days From Quote Date
PlayArea_1
Product line: KidsChoice
Age group: 5-12
Global defaults
Accent - FS FOREST GREEN
Post - FS DARK BROWN
PVC - FS SAND
Components
Part Number Description Qty Weight
682 GLIDE ALONG STANDARD 1 1,300.00
Parts By Other
Part Number Description Qty Weight
12" EWF 12" Compacted Engineered Wood Fiber Delivered
and Spread! (100 Yards)
1 0.00
4/30/2018 Page 2 of 3
QUOTE: R0013183100
Totals:
Equipment Weight: 1,300.00 lbs
Equipment Price: $8,813.00
Freight: $704.60
Installation: $4,200.00
Products by Other: $2,950.00
SubTotal: $16,667.60
Grand Total: $16,667.60
Notes:
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: R0013183100 Quote Date: 4/30/2018 Equipment: $8,813.00 Grand Total: $16,667.60
CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE
AND SUBJECT TO FINAL APPROVAL BY MIRACLE.
Submitted By Printed Name and Title Date
THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT
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.
4/30/2018 Page 3 of 3
QUOTE: R0013183100
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 CUSTOMERS 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 MIRACLES
INSTALLATION AND OWNERS 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.
Rev E 021815