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Salem Common SKM_30820041711010 Date Stamp �,4 Salem Historical Commission 98 WASHNGTON STREET SALEM,UASSACHUSETTS 01970 For Office Use Only ,1978)619-5685 APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Pursuant to the Historic District's Act(M.G.L. Chapter 40C)and the Salem Historical Commission Ordinance, application is hereby made for issuance of a Certificate of Appropriateness for: .6 New Construction C Moving ❑ Reconstruction C Alteration E Demolition E Painting L Sign C Other District: [Derby Street [lI,afayette Street []McIntire .'Washington Square Address of Property: LO AS H n Tom- s uAR so v-r'Hj 01fi�16 Name of Record Owner(s): Owner Mailing Address: eofis ., 7-c— S Sal M4 cl1 20 Description of Work Proposed Please type or print clearly. Attach additional sheets, as necessary. ��mp✓Ac v 15 cvcaG�v °[3�� sec r.`�� p p1,4yy ��S�i9cR7:r of e c.}k;Q L Cd;rK /9 D A ACeSS PH7h/wAr.� 7 � Pia�5 rol—D Name of Applicant: RAy MD 6: Offer FZontractor tenant Oder: Signature: - — Date: Y-f 7-,?b Tel. #: 5�+- qz 3~ /,R tj E-mail Address: r2 J bDo:,- SAte... ,edz._ Certificate will be mailed to the owner unless otherwise indicated here: Certificate should be mailed to: Name 124 Y m QD :ate Mailing address: 7TeFFecSay._ A-,e- City: ,Sgt'c&. State:/notZip: ATTACHED DOCUMENTATION An application will not be considered complete unless all work items are thoroughly described, and the application includes all information needed for the Commission to make a determination. Failure to submit a coLn lete a lication ma v result in a continuation to a future meetin . Recommended information includes: Photos of existing conditions,taken from all public ways Site plan showing location of improvements Elevation drawings of the existing conditions and proposed improvements Drawings of details and other special conditions, including profiles Description,photographs,and/or catalog cuts of proposed materials (please bring to the meeting product samples, if appropriate) Dimensions (i.e. height of fence, size of pickets and posts, etc.) Paint color samples, if applicable (no less than 2"x2") Location and size of all mechanical equipment, such as transformers, HVAC equipment, electrical service and meters, and proposed screening JOB r©rnrn Ac— PLAyIEIP, rr •�{ SHEET NO. . OF , WATER•WASTEWATER• STORMWATER CALCULATED BY )e Y0Ida. —DATE I©-a3-lS SOLUTIONS SCALE if a► fL,4yjf.-') t3lf.4 / cc c�- i Inclusive Whirl 2018 PRODUCT SHEET i r +S i A C cox f -f-'i� .'=i�� i �z='ir.(i-�.k•'rti�:s�'`a3'.s'-+�.-+•-'.e:t�'Ss+E$'.:• -:rrat�'-``'' •� w= .�� •-.:. � �d:��_` "- f:i�;,'��..•-•.�' S � '. Inclusive Whirl A classic thrill designed for all. Product Number: 305,305BD(Bolt Down) Now children of all abilities can enjoy the thrills of spinning 2018 List Price $11,095 together.This inclusive spinner is built level with the ground, making it easy to board with space for up to two wheelchairs Description: Inclusive Whirl at once.An additional single seat provides extra physical support for kids or caregivers,while kids of different heights Weight: 1,000 Ibs(454 kg) can hold on securely to sloping handrails.This product is Ground Space: 7'Diameter(2.13 m) designed to be used with unitary surfacing only(such as pour-in-place or tiles). Engineered wood fiber(EWF)may Protective Area: 25' Diameter(7.62 m) clog the mechanics that allow the whirl to turn freely. Capacity: 2 wheelchairs,9 total users Ages: 2-12 Standards ASTM,CSA MiracleINTERNATIONAL Miracle Recreation Equip. Co. 878 E. US Hwy 60 QUOTE: R00471 901 11 Monett, MO 65708 Miracle. 1-888-458-2752 Prepared For: Project Name&Location: Prepared by: Ray Jodoin SITE SPECIFICS, LLC Salem DPW 603 New Bedford Rd,#325 5 Jefferson Ave Rochester, MA 02770 Salem, MA 01970 (508)763-0207 (phone) 978-423-1811 (phone) (508)763-0208 (fax) rjodoin@salem.com cindy@sitespecifics.net Ship To Address: End User: Ray Jodoin Ray Jodoin Salem DPW Salem DPW 5 Jefferson Ave 5 Jefferson Ave Salem, MA 01970 Salem, MA 01970 978-423-1811 (phone) 978-423-1811 (phone) rjodoin@salem.com rjodoin@salem.com Quote Number: R0047190111 Quote Date: 6/19/2019 Valid For: 30 Days From Quote Date PlayArea_Q1 Product line: Freestanding Age group: 5-12 Global defaults Accent(No Anti-Microbial) Components Part Number Description Qty Weight Unit Price Total 305 INCLUSIVE WHIRL 1 1,000.00 11,095.00 11,095.00 RiskSign_Included Product line: Freestanding Age group: Global defaults Post-FS 6/19/2019 Page 1 of 3 QUOTE: R0047190111 Components Part Number Description Qty Weight Unit Price Total 787Z RISK MANAGEMENT SIGN-ENGLISH (NO PRICE) 1 0.00 0.00 0.00 Parts By Other Part Number Description Qty Weight Unit Price Total Pip Poured In Place rubber Playground Safety Surfacing 504 0.00 30.00 15,120.00 ESTIMATE 50%black/50%Color with Aliphatic Binder for Critical Fall Height Furnished and Installed Including Sub-base. Totals: Equipment Weight: 1,000.00 Ibs Equipment List: $11,095.00 Discount Amount: -$1,664.25 Equipment Price: $9,430.75 Freight: $606.30 Installation: $4,000.00 Products by Other: $15,120.00 Grand Total: $29,157.05 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 734154, Dallas,TX 75373-4154,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: R0047190111 Quote Date: 6/19/2019 Equipment: $11,095.00 Grand Total: $29,157.05 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: 6/19/2019 Page 2 of 3 QUOTE: R0047190111 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. 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. Anyone 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,maybe 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 6/19/2019 Page 3 of 3 QUOTE: R0047190111