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Sugarbush Park Playground Equipment approved 02-13-20232/15/2023 Page 1 of 5 PlayPower LT Farmington, Inc. 878 E. US Hwy 60 Monett, MO 65708 1-800-325-8828 QUOTE: R0324220231 Project: R0324_44916928780_01 Sugarbush Park Playground – City of Chanhassen Bill To: Project Name & Location: Prepared by: Adam Beers Northland Recreation LLC City of Chanhassen PO Box 147 Chanhassen, MN 55317 763-639-4944 (phone) abeers@ci.chanhassen.mn.us Sugarbush Park Bill Johnson Woodbury, MN 55129 (651) 815-4097 (phone) (414) 395-8538 (fax) bjohnson@northlandrec.com Quote Number: R0324220231 Quote Date: 12/28/2022 Valid For: 30 Days From Quote Date **Note: Due to supply chain issues, ship dates are currently loading fall of 2023 Play Area Product line: KidBuilders Age group: 5-12 ALL COLORS TBD – Sample of these colors on renderings Belt Swing Seat Color BLACK CLIMBER COLOR Burgundy Dino Mounting Method Buried Dinosaur Color Burgundy Inclusive Seat Clr FOREST GREEN Infinity 1 Plastic Clr Burgundy KB Accent Color METALLIC GRAY KB CLAMP COBALT KB Overhead Color Burgundy KB Pnl/Crwl Tunnel Clr FOREST GREEN KB Slide/Float Stone Clr FOREST GREEN KB Vinyl color Gray KB/Jeep Ground Cover Buried Kid Builder Post Color COBALT MaxPlay TM Swing Clr COBALT PB Ground Cover Buried PB Panel/Crawl Tunnel Color FOREST GREEN PB Roof/Table Color FOREST GREEN PB Slide Color FOREST GREEN PB Vinyl Clr Gray Plastic Steering Wheel RED Play Builder Accent Color METALLIC GRAY Play Builder Post Color COBALT Spinner Component Mounting Buried Stand-n-Spin Clr BLACK Tot Swing Seat Color BLACK Us/Csa Labels For Swings USA DocuSign Envelope ID: A20F6D22-DEBA-453E-A59C-0E4528CF8DEF 2/15/2023 Page 2 of 5 Components Part Number Description Qty 100001127 KB LONG DK/DK PLATE 205MM/8" 1 100001134 KB DK/DK PLATE 203 MM/8" 2 100005274 PB SQUARE DECK 1 200007097 PANEL ADJUSTABLE COUNTER KB 2 200008193 TOOL BOX KID BUILDERS #2, S.S. (MM) 1 200013795 KB 10' GALV POST WITH CAP 2 200013798 KB 136" GALV POST WITH CAP 6 200013801 KB 176" GALV POST WITH CAP 3 200013810 KB 148" GALV POST WITH CAP 7 200013813 KB 4165/164" GALV POST WITH CAP 1 200013892 RAIL SINGLE KB 1 200014953 LADDER RUNG 1625 MM W/SAFETY LOOP KB 1 200034344 LADDER RING CHALLENGE F/KB 2440 1 200042281 TRICERATOPS SCULPTURE 1 200054614 PB PANEL SAFETY 1 200064815 SLIDE ELBOW 70 DEG. F/PB 1 200069056 KB 186"/4725MM GALV POST W/CAP 3 200069058 KB 213"/5410MM GALV POST W/CAP 2 200079019 KB LEG LIFT BAR 1 200092591 STEPPING STONES F/KB 1 200109105 PB SQUARE ROOF W/RD. HOLES 1 200122438 SLIDE SPIRAL KB 1625/64 (2007) 1 200125581 STEPS DECK/DECK 1016 MM W/SFTY RAILS KB 1 200200015 CLIMBER BUMPY DK/DK 1220 F/KB 1 200200016 PB ANIMAL CRAWL-THRU PANEL 1 200200032 CLIMBING NET 36" RED/BLU W/SAFE LOOPS PB 1 200200164 KB 1422MM SGL. WAVE SLIDE 1 200200417 SWING FRAME ADD-ON F/INCL SEAT MAXPLAY 1 200200432 TRANSFER STATION 915 MM PB W/SAFE.RLS. 1 200200466 KB ACCORDION CLIMBER 1220MM(48") GROUND 1 200200530 KIT MAINTENANCE KB W/PAINT W/O LIST 1 200200785 KB MONKEY LEANOUT SEAT PANEL 1 200201090 KB THERAPEUTIC RINGS 1 200201539 STAND N SPIN 1 200202105 KB 96" HYPERSONIC SLIDE 1 200202126 KB INFNTY HI-CLMB 96"(2440 MM) 1 200202202 MAXPLAY 8' STANDARD BEAM 1 200202204 MAXPLAY 8' ADD-ON STANDARD BEAM 1 200202241 KB ROUNDABOUT OVERHEAD 1 200202425 KB VERTICAL POD CLIMBER 96" 1 200202483 KB DECK SQUARE LARGE HOLE 11GA 1 200202485 KB DECK TRIANGLE LARGE HOLE 11GA 2 200202488 KB DECK 1/2 SQUARE LARGE HOLE 11GA 2 200202492 KB DECK HEX LARGE HOLE 11GA 1 200202564 KB TRANS STAT 1220 GRD RL 11GA 1 200202611 PB POST W/CAP 2285MM (90") 1 200202619 PB POST W/CAP 3910MM (154") 4 200202835 ASSY BELT SEAT F/8' SWING W/CHAIN 2 200202836 ASSY TOT SEAT F/8' SWING W/CHAIN 1 200203206 PB BOINGO 1 200203423 GENERATION SWING SEAT ASSEMBLY TIKES 1 200203433 INCLUSIVE SWING SEAT W/CHAINS 8' 1 200203576 ASSY PANEL MOUNT PLASIC STEER WHEEL 1 200203590 KB SILO SCRAMBLE W/DBL ENCLOSURE 1 M00000963 SPRING RIDER SNAIL, LOLA 1 DocuSign Envelope ID: A20F6D22-DEBA-453E-A59C-0E4528CF8DEF 2/15/2023 Page 3 of 5 787Z RISK MANAGEMENT SIGN - ENGLISH 1 Totals: Products Subtotal: $ 78,000.00 Installation: Supervision Install Included Estimated Sales Tax*: Not Included - Exempt Freight: Included Grand Total: $ 78,000.00 Make Purchase Orders Out To: Make Checks Payable To: PlayPower LT Farmington, Inc. PlayPower LT Farmington, Inc. Remit Purchase Orders To: Remit Checks To: PlayPower LT Farmington, Inc. Attention: Sales Administration 878 E US Hwy 60 Monett, Missouri, USA 65708 1-800-325-8828 PlayPower LT Farmington PO Box 734155 Dallas, TX 75373-4155 NOTE: * Applicable sales taxes will be confirmed once order and any tax certificates are received † Denotes drop ship item. Unloading, storage, installation, surfacing and site work are not included unless specifically noted on quotation. Not responsible for filter cloth, irrigation rerouting, grass damage, or checking for underground utilities. If installation is quoted, it is assumed that the site has been prepared and that any grade slope in any direction does not exceed 2%. In the event that unexpected soil conditions, such as subsurface rock, are encountered during installation, additional costs to the customer will be applicable. The acceptance signature below serves as authorization to order the items quoted and indicates acceptance of the prices listed. All terms are subject to credit approval. COMMENTS: This playground contains 21.01% recycled content This playground qualifies for 2 LEED point(s) This Quote shall not become a binding contract until signed and delivered by both Customer and PlayPower LT Farmington Inc (“PPLT”). Sales Representative is not authorized to sign this Quote on behalf of PPLT or Custome r, 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 “PPLT Sales Administration” via fax (417)354-2273 or email outdoordes@LTCPS.com. Upon acceptance, PPLT will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or e mail. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. PPLT 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 PPLT to ship the Equipment and agrees to pay PPLT the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by PPLT. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734155, Dallas, TX 75373-4155, unless notified otherwise by PPLT in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to PPLT, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. DocuSign Envelope ID: A20F6D22-DEBA-453E-A59C-0E4528CF8DEF 2/15/2023 Page 4 of 5 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY PPLT. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY PLAYPOWER LT FARMINGTON INC. 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 PPLT’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, PPLT 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 PPLT 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 PPLT 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 PPLT in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to PPLT 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 PPLT within ten (10) days after the date on which due. 3. Limitation of Warranty/ Indemnity. PPLT MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. PPLT 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 PPLT 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 PPLT’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 PPLT, and PPLT 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 PPLT 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 PPLT 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. PPLT Retains full title to all Equipment until full payment is received by PPLT. 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. PPLT may waive a default hereunder, or under any invoice or other agreement between Customer and PPLT, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver 02/15/2023 Jeff Prangler Customer Services Manager Jeff Prangler Digitally signed by Jeff Prangler Date: 2023.02.15 09:36:13 -06'00' DocuSign Envelope ID: A20F6D22-DEBA-453E-A59C-0E4528CF8DEF Laurie Hokkanen, City Manager 2/15/2023 2/15/2023 Page 5 of 5 shall be deemed to have taken place unless it is in writing, signed by PPLT. 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 PPLT hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portio ns 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 PPLT 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. DocuSign Envelope ID: A20F6D22-DEBA-453E-A59C-0E4528CF8DEF