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HomeMy WebLinkAboutSDP202200021 Request of Modification, Variance, Waiver 2022-08-16RIVERBEND DEVELOPMENT August 16, 2022 County of Albemarle - Department of Community Development 401 McIntire Road Charlottesville, VA 22902 RE. Glenbrook 111- Requestfor Substitution of Required Recreational Amenities Dear Mariah Gleason: Please consider this request to allow substitution of the recreation facilities specified in section 18- 4.16 of the Zoning Ordinance. Per the proposed development plan, the unit count for this section of Glenbrook III is 144 units. The required amenities, as listed below, include 3 tot lots and 1 half court basketball court. The Glenbrook Phase 3 proposed development plan includes active and passive recreational areas, with a total size of 54,970 SF. Over 6 acres of open space are provided in this phase that includes the Greenway areas and trail system. This area will include multi -generational fitness stations and a primitive trail for the passive and active recreational uses. In coordination with fitness stations that were recently installed at the Crozet Park, we propose the installation of Burke Activate Fitness Circuit Stations and will supply options that are different than what has been provided in the park. The recreation area also enjoys the benefit of being immediately adjacent to the neighboring recreation area of the greenway. Each phase of the Glenbrook development includes a variety of recreation areas that serve the neighborhood and area conveniently located. A centralized tot lot and gathering space is included in Phase 1 and a tot lot is also proposed within Open Space B of Phase 3. Neighborhood amenities also include a firepit and seating area, a dog park, several passive recreation areas and multiple exercise stations that appeal to a variety of age groups and fitness levels. With the proximity of the Glenbrook residential units to the Crozet Park, any additional active recreational elements can easily be accommodated for this development with the playgrounds and fields located on the Crozet Park property. Required Amenities The following summarizes the required amenities per the ordinance: Required Recreation area for Phase 3: 200 s.f. x 144 units = 28,800 s.f. Tot Lots Required: 3 Y2Court Basketball Court: 1 4.16.2.1 One tot lot shall be provided for the first 30 units and for each additional 50 units and shall contain equipment which provides an amenity equivalent to: One swing (four seats) One slide Two climbers One buckabout or whirl Two benches Each tot lot shall consist of at least 2,000 square feet and shall be fenced, where determined necessary by the director of planning and community development, to provide a safe environment for young children. 455 SECOND STREET SE / SUITE 400 / CHARLOTTESVILLE. VA 22902 P / 434 245 4970 / www.riverbenddev.com RIVERBEND DEVELOPMENT 4.16.2.2 One-half court for basketball shall be provided for each 100 units, consisting of a 30-foot by 30-foot area of four -inch 21-A base and 1Y2 inches bituminous concrete surface, and a basketball backboard and net installed at regulation height. Required Amenities. Cost (See attached quotes) 3 Tot Lots: $90,857.22 Y2Court Basketball Court: $12,200.00 Total: $103,157.22 Proposed Amenities. 54,970 square feet of active and passive recreational area is provided, or almost twice the area that is required by code. 6 acres of Open Space and Greenway Trail Systems. • Active Recreation Area of 12,000 square feet including a 5,500 square foot tot lot area with a variety of play structures and benches, and a fire pit/seating area. 0 6 seat swing 0 2 slides o 1 whirl o 1 large climber • Dog Park Area of 3,000 square feet with fencing and benches. • Passive Recreational Area of 7,500 square feet with multiple benches and swings. • Passive Recreational Area of 5,500 square feet with multiple swings. • Group Fit Exercise Station of 2,800 square feet. Proposed Amenities. Cost (See attached quotes) Active Rec, Group Fitness + Large Tot Lot: $71,493.00 Site Work: $52,900.00 Note: Includes site furniture, fire pit area and dog park area. Total: $124,393.00 Please consider the proposed active and passive recreational areas described in this letter and detailed within the Recreational Amenity Plan for Glenbrook Phase 3 (attached) as a substitution for the required recreational amenities per the Albemarle County zoning regulations. Thank you for your consideration of this request. Sincerely, Ashley Davies / 455 SECOND STREET SE / SUITE 400 / CHARLOTTESVILLE, VA 22902 rj P / 4342454970 / www.riverbenddev.com PARK & PLAYGROUND SEATING NOTE: THE PROPOSED RECREATION PLAYGROUND, EXERCISE, AND PASSIVE RECREATIONAL EQUIPMENT CAN BE SUBSTITUTED FOR AN EQUAL PLAY EQUIPMENT PRODUCT. EXERCISE STATION EQUIPMENT GROUP FIT Group Fit 1 Pmdad Numw. or6Nl 5 6tavrc.6 Gn�tors.6 Pnts OG (6) TOTAL PROPOSED OPEN SPACER DOG PARK d.4n ACRES / G 3,�000 SF _ G FUTURE TH UNITS LOTS u6-1zo �— -aEANe ICOU \\ \.®. �Xl �LOnvg Lor:a°\ I OBE PART OF THE f 1 wlorN g4ErrP RT \ �� LOTssB SITE PLAN FOR 1I o`LOT u6 \ i`"ll PHASE IV OT aaJ le I ¢ 1 1 LOTvo LOT 9 LOT voB — T— I LOT mI LOTvpb I I A L b I � _ LOTvoS _ III LOT 104 LOTrmz \ �� II \ LOT TOT LOT EQUIPMENT �A (i) TOTAL 0 Oov — PROPO ED \.:. r\ \°�\T1pp LOT ss / ��J`e r :. '.. - o _TOTLOTAREA LOT 90 SF \ \ / +'. PHASE IV RESIDUEAREA FUTURE RESERVEDFOR DEVELOPMENT 1 PHASE 1 \ \ \I DEOV3LLOPME ACRE S �0 `�OaI PROPOSED FIRE PIT ,1 /._ 1 AND SEATING AREA .' � � \ - I AFFORDABLE I � '' s PR It DACTIVIt RECREATIONAREA LOT,b LOT 95 93 112,000 SF \ OPEN SPACER Ge//R�VQ LOT LOT LOT,x I I \ LOTvn I tr \ LOTgp w` LOTBB /,I /, \ \o ©(1) TOTAL QD (1) TOTAL r cMVArE o�o r3o wwET� � � v TOTAL Ir 0 rc a a INTERSECTION NEAREST INTERSECTION RIDGE DRIVE) 7o, O . o. AND PARK RIDGE DRIVE)=Jos' \ I n Z � L LOT 50 LOT59 III \-.. \\ la LOT6a I I \ \ A SIVE RECREATIONAL AREAS _ ` LOT63 LOT 64 O® 00 SF \\ /// \ \ _ LOT 65 ACE yTA OP 'IC PUBLIC ROAD 16v RIVE ' =^r• O (Z)TOTAL,.I. °zz nc .c / L4g6 o.oyq EEo `.,.' PARK RIDGE DRIwI— OF, _ ,. � l L. � \ \ l Ey q D \ _ e T ( I 0 66 ( W `ueFRoRo/wnVQoNg \\ \ OPENASPAC6 .'I b LOT 73 �•-�� © (i) TOTAL HORIZONTAL jl SCOTT /R. Cb6LLINS Lic. No. 035791 0 6/13/22 �SSIONAL E�Ot Z k O m m ,,ww � � In V/ K u~i r4 ZU N LU ' 0 0' 3 3 U) I~ —I yLU I~ -I Ln LU �" J J W rrA SFD LOT 74 I / LOT 66 SFD LOT 772 I I \ \ SFD I LOT 64 I LOTJ ,SFD ' 0/'['�) I LOT 53 I I �... •. '.' \ .. LOTJ4 / / LOTz / \ VJ �a /• / �� I II Lors° / // -, \ \\ / / / \, /T / / LOT 10 / / LOT 67SFD M Z (3) TOTAL \ LOT4, \ ors LOT 75 LOT 71 / " LOT 4e /// SFD SFD I \ / \ cyi LOT 70 i� 0 SFD LOT 6 N a SFD \\P � � LU LOTv6 \\ / \ \co OJ (i) TOTAL sWRY \\ I \�\ \ Loral RECREATIONAL,-_ \ / AREAS ,5 Soo SF f �' I LOT 3° I I v \'\ A'\• 1 / / LOTa3 LOT 76 SFD % % / LOT 77 / SFD / % OT 3v \ / ` '. \ �\ ��� \ \i \\••\�-b\ t STORIMWATER \��\ -. •�`.• �/ \•i\. `�- MANAGEMENT. \ ``0 t i 1J.� PROPOSED - LOT32 / • \ LOTao GREENWAY,v.' oPENspacEF �V". -- \ 'EXTENSION•.. a.saA<REs \ \�\.rLL lffaLL •/% / l LOT ax ITT\. 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Total body warl¢ut Row Station ./ Cargo Net 10' (3m) —9H: I-Ib wereM1LIBJro •Off rc'F1'and poeRions Large space all.a for atraigthaM agility a Ppebody Wllmis difficulty Ityl k body vaned tlirfiwlty .ca lfl ,back and <M1e# •Total potly workout IN muxlc 1 _ LOT 33 I BARKLEY VIEW COURT V I PUBLIC ROAD(64 RVI) oa _ _ " PROPOSED \ EXERCISE LOT36 wI LOT4 \ STATION > 2,800 SF \ ` LOT LOT --GROUPFITI o< J 0 m m \ Qd \ I OT -•OPENSPACEG \ \ 9 ACRES \ GREENWAY 1 \ LOT gB LOTx i f ••� LOT39 LOT,I . . . . - - \ GLENBROOK AT FOOTHILLS LOT 40 PHASE IIB y\ Lor 41 LOT, LOT / LOT 78 / SFD / LOT 79 SFD / Lore \ LOT 86 SFA LOT 87 SFA G LOT 81 \ SFD LOT 82 \ SFD \ LOT 83 SFD LOT 84 \ \ SFD LOT 85 SFA LOT 80 SFD II 10 LOT 69 i SFD .r L T N V / \ SF r NCD i LOT sa\ N Q \ SFA (y 7 LOT 55\ SFA 1- 4 Z \ / LL \ ^ LU _J i--i o .LLLL`.LL., L9 LLI LUZ OPEN SPACE '.' A.ABACRES.`.'.'.'.'. O J inLU tz LLJ \ U) O U LOT 94 w SFA � � '.,/ I \ LU I I LUJ Q LOT B L9 I LOT I LOT 93 SFA \ ® LL SFASFA LOT I I SFA I SFA LOT \ SFA I I VJ COPACE LOT 112 LOT 111 ILOT 'I IV ES SFA I SFA I SFA LOT 109 ILOT 108 I LOT 107 II I SFA ' SFA I SFA C SC ( IN FEET ) 1 inc'h� 60 /V) — O J UP1J/ ol/ LL OPEN SPACE 'Cn O F■R■R■ 0.09 AC \LT W LOT \ \ SFA l'1.. Ur Uri LOT 105 \ SFA H LOT 106 \ LU SFA AM 0 LU LU I JOB NO. Glenbrook at Foothills Phase III - Tot Lot Option 1 Charlottesville, VA 3.5" ARCH SWING (2 BAY) MR0930 8' BELT SEAT W/CHAIN 2840 FRICTION WEAR MAT 32" X 54" BLACK 994167BK tF14837 A- FIED MRF erlf, product certlficagoa, visitw ipema.org END LADDER 71481553 360 DEG TOT SEAT 8' 2990 BENCH W/BACK 6' DIAMOND ING MRSG303D BONGO JUNGLE CLIMBER ONLY 71478685 SERPENTTREK 7147225 LUCKY LADY BUG SPRING RIDER 960 BENCH W/BACK 6' DIAMOND ING MRSG303D END LADDER 71481553 END LADDER 71481553 ENDLADDER 71481553 CHINNING BAR 7148435 CHAMELEON II FS SLIDE FOR NEXUS (5' PLATFORM) 4666701 AGE GROUP: 5-12 FOR RHORMES ELEVATED PLAYACTIVITIESACCESIBITE BY TRANSFER:0 REQD 0 �� ELEVATED PLAYACTIVITIESACCESIBLEBY RAMP: 0 REQ'D 0 GROUND LEVELACTIVITYTYPE 5 REQD 0 GROUND LEVEL QUANTITY. 9 REQD 0 it Miracle Site Concepts L.L.C. PO Box 235 PHONE NO: (434) 823-2745 Crozet,VA FAX NO: (434) 823-2749 R0098 44782653702 To promote safe and proper equipment use by children. Miracle recommends the installation of either a Miracle safety sign or other appropriate safety signa a near each playsystem's main entry point(gs) to inform parents and supervisors of the age appropriateness of the playsystem and general rules for safe play. THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F1487. 00r COMPLIES TO ASTM/CPSC GROUND SPACE :Ss'-o"Xz3-o" AN ENERGYABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER & AROUND ALL PLAY SYSTEMS PROTECTIVE AREA :68'-0"X 35'-0" COMPLIES TO ADA DRAWN BY: George Novey DATE: 7/27/2022 Glenbrook at Foothills Phase III Miracle Recreation Tot Lot Option 1 Glenbrook at Foothills Phase III - Tot Lot Option 2 Charlottesville, VA BENCH W/BACK & DIAMOND ING MRSG303D BENCH W/BACK U DIAMOND ING MRSG303D AGE GROUP: 5-12 FOR RHORMES ELEVATED PLAYACTIVITIESACCESIBITE BY TRANSFER:0 REQD 0 �� ELEVATED PLAYACTIVITIESACCESIBLEBY RAMP: 0 REQ'D 0 GROUND LEVELACTIVITYTYPE: 4 REQD 0 GROUND LEVEL QUANTITY. 8 REQD 0 racie. Site Concepts L.L.C. PO Box 235 PHONE NO: (434) 823-2745 Crozet,VA FAX NO: (434) 823-2749 R0098 44782689194 To promote safe and proper equipment use by children. Miracle recommends the installation of either a Miracle safety sign or other appropriate safety signa a near each playsystem's main entry point(gs) to inform parents and supervisors of the age appropriateness of the playsystem and general rules for safe play. THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F1487. COMPLIES TO ASTM/CPSC GROUND sPACE:7o-o Xz3-o AN ENERGYABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER & AROUND ALL PLAY SYSTEMS RROTECTIVEAREA:80-sX 33-0 COMPLIES TO ADA DRAWN BY: George Novey DATE: 7/27/2022 Glenbrook at Foothills Phase III Miracle Recreation Tot Lot Option 2 La im 4w Miracle Glenbrook at Foothills Phase III - Tot Lot Option 3 Charlottesville, VA 3.5" ARCH SWING (2 BAY) MR0930 8' BELT SEAT W/CHAIN 2840 FRICTION WEAR MAT 32" X 54" BLACK 994167BK tF14837 A- FIED MRF erlf, product cedlficagoe, visitw ipema.org 360 DEG TOT SEAT 8' 2990 BENCH W/BACK 6' DIAMOND ING MRSG303D TWIN RIDER 6081 TWISTED VINE CLIMBER 71886725 BENCH W/BACK 6' DIAMOND ING MRSG303D 360 TYPHOON II SLIDE 71874849 4' DECK 7185029 AGE GROUP: 5-12 FOR RHORMES ELEVATED PLAYACTIVITIESACCESIBITE BY TRANSFER REQD 2 � ELEVATED PLAYACTIVITIESACCESIBLE BY RAMP: 0 REQ'D 0 GROUND LEVELACTIVITYTYPE 2 REQD 1 GROUND LEVEL QUANTITY 5 REQD 1 LOOP CLIMBER 718968 SQUARE ROOF 7188614 TRANSFER POINT 71885149 it Miracle Site Concepts L.L.C. PO Box 235 PHONE NO: (434) 823-2745 Crozet,VA FAX NO: (434) 823-2749 R0098 44782710510 To promote safe and proper equipment use by children. Miracle recommends the installation of either a Miracle safety sign or other appropriate safety signa a near each playsystem's main entry point(gs) to inform parents and supervisors of the age appropriateness of the playsystem and general rules for safe play. THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F1487. COMPLIES TO ASTM/CPSC GROUND SPACE :55'-o"Xz1'-o" AN ENERGYABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER & AROUND ALL PLAY SYSTEMS PROTECTIVE AREA :67'-0"X 32'-0" COMPLIES TO ADA DRAWN BY: George Novey DATE: 7/27/2022 0 - INIPPPAIW m AV, ppplp� A� 014HEMW Miracle Recreation Equip. Co 878 E. US Hwy 60 QUOTE: R0098222127 M i ra c l e Monett, MO 65708 1-888-458-2752 Project: R0098_44782731405_02 Prepared For: Project Name & Location: Prepared by: Kent Henry COMBINED Tot Lot Site Concepts - Northern VA Office Riverbend Development, Inc Attn: Glenbrook at Foothills George Novey 455 Second St SE (434) 823-2745 (phone) Suite 201 (434) 823-2749 (fax) Charlottesville, VA 22902 george@siteconceptsva.com 434-326-7485(phone) kent@riverbend.dev Quote Number: R0098222127 Quote Date: 8/9/2022 Valid For: 30 Days From Quote Date Tot Lot 1 Product line: KidsChoice; Age group: 5-12 Part Number Description Qty Weight Unit Price Total 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 2 10.00 137.00 274.00 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 2 15.00 202.00 404.00 4666701 CHAMII FS SLIDE FOR NEXUS (5' PLATFORM) 1 250.00 3,244.00 3,244.00 4666705 CHAMII FS SHORT RIGHT SECTION FOR NEXUS 2 60.00 605.00 1,210.00 4666706 CHAMII FS SHORT LEFT SECTION FOR NEXUS 1 60.00 605.00 605.00 714551 5" OD X 106" POST (2'6" DKS OR LESS) 2 60.00 303.00 606.00 714552 5" OD X 136" POST (3' TO 5' DKS) 3 75.00 383.00 1,149.00 714553 5" OD X 160" POST (5'6" TO 6'6" DKS) 4 90.00 422.00 1,688.00 7147225 8' SERPENT TREK (ONLY) 1 95.00 1,240.00 1,240.00 71478685 BONGO JUNGLE CLIMBER V ONLY - 3' 1 135.00 2,574.00 2,574.00 71481553 END LADDER STOP RUNG FOR OH CLIMBER 2 40.00 620.00 1,240.00 71481553 END LADDER STOP RUNG FOR OH CLIMBER 2 40.00 620.00 1,240.00 7148435 CHINNING BAR (ONLY) 1 10.00 194.00 194.00 960 LUCKY THE LADYBUG "C" SPRING RIDER 1 245.00 1,812.00 1,812.00 994167BK FRICTION WEAR MAT - 32" x 54", BLACK 2 80.00 188.00 376.00 MR0930 3.5" ARCH SWING- (2 SEAT REQ'D) 1 286.00 2,296.00 2,296.00 MR0932 3.5" ARCH SWG-ADD-A-BAY (2 ST REQ'D) 1 179.00 1,378.00 1,378.00 Tot Lot 2 Product line: Freestanding; Age group: 5-12 Part Number Description Qty Weight Unit Price Total 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 2 10.00 137.00 274.00 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 2 15.00 202.00 404.00 4481 CAMEL BACK CLIMBER, SINGLE 1 150.00 1,387.00 1,387.00 477003 JAX PACK -THREE 1 940.00 3,142.00 3,142.00 656386 GROOVE II SLIDE W/PVC STEPS (6'6" PLATFORM) 1 600.00 4,656.00 4,656.00 925920Z TOUCH UP PAINT KIT (NO PRICE) 1 2.00 0.00 0.00 9451 SADDLE SEAT, ANGLED POST 1 65.00 836.00 836.00 994167BK FRICTION WEAR MAT - 32" x 54", BLACK 2 80.00 188.00 376.00 MR0930 3.5" ARCH SWING- (2 SEAT REQ'D) 1 286.00 2,296.00 2,296.00 MR0932 3.5" ARCH SWG-ADD-A-BAY (2 ST REQ'D) 1 179.00 1,378.00 1,378.00 8/92022 Page 1 of 4 QUOTE: R0098222127 Tot Lot 3 Product line: TotsChoice, Age group: 5-12 Part Number Description Qty Weight Unit Price Total 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 2 10.00 137.00 274.00 2990 SWG PART TOT SEAT 360 DEG W/CHAIN (8' TR) 2 15.00 202.00 404.00 6081 TWIN RIDER ONLY 1 140.00 1,360.00 1,360.00 7185029 SQUARE DECK (ATTACHES TO 4 POSTS) 1 100.00 993.00 993.00 718573 3 112" OD X 162" POST ROOF (3'6" TO 5'DK) 4 50.00 227.00 908.00 71874849 67' TYP II SLIDE 360 D (4' DK) 1 1,500.00 7,298.00 7,298.00 71885149 SQ TRSFR POINT, CL HR (4' DK) 1 285.00 3,696.00 3,696.00 7188614 60" SQUARE ROOF -SHINGLE, DOUBLE WALL 1 135.00 1,162.00 1,162.00 71886725 TWISTED VINE CLIMBER (5' DK) 1 80.00 1,257.00 1,257.00 718968 CURVED LOOP CLIMBER (3' OR 4' DK) 1 60.00 827.00 827.00 718999Z CUSTOMER SERVICE KIT (NO PRICE) 1 7.00 0.00 0.00 994167BK FRICTION WEAR MAT - 32" x 54", BLACK 2 80.00 188.00 376.00 MR0930 3.5" ARCH SWING- (2 SEAT REQ'D) 1 286.00 2,296.00 2,296.00 MR0932 3.5" ARCH SWG- ADD -A -BAY (2 ST REQ'D) 1 179.00 1,378.00 1,378.00 Site Furnishings Product line: Wabash-PlayPower Part Number Description Qty Weight Unit Price Total MRSG303D BENCH W/BACK 6' DIAMOND ING 6 113.00 488.00 2,928.00 RiskSign_Included 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 Plastic 4' plastic perimeter borders with (3) opening kits - 1 0.00 7,485.00 7,485.00 Borders delivered & installed Wood Mulch 300 cy playground certified mulch - delivered & 1 0.00 13,775.00 13,775.00 installed Totals: Equipment Weight: 8,747.00 Ibs Equipment List: $61,436.00 Discount Amount: -$18,722.00 Equipment Price: $42,714.00 Freight: $3,729.38 Installation: $20,890.00 Products by Other: $21,260.00 SubTotal: $88,593.38 Estimated Sales Tax`: $2,263.84 Grand Total: $90,857.22 Notes: • 50% Deposit required unless credit terms are established with Miracle Recreation. • Additional savings offered if project paid in full by check/ACH when ordering. Ask for details. • Proposal given site unseen. Flat and accessible area required or additional charges may apply. • Proposal does not include the following scopes: 8/9/2022 Page 2 of 4 QUOTE: R0098222127 o excavation o grading o drainage o fencing o walkways o other site work not called out in quote above. ROCK CLAUSE: Rocky digging conditions will add $75/man-hour plus extra equipment expenses. Customer will be notified if unusually rocky conditions are encountered by installer and will need to approve any additional charges. INSTALL - Conditions of normal operations: Prices assume normal soil conditions and do not include rock excavation. Unless otherwise noted quote does not include prevailing wages, permits, state or local approvals, performance bond, engineering seals, soil testing, sub -grade drainage, security fencing, or landscaping. Work will require use of heavy equipment. Access to the work site must be available for skid steer loader type equipment. Expect some site disturbance to grounds in the performance of the project. Underground utility locations responsibility: Our installers will notify Miss Utility to locate underground public utilities prior to the beginning of any excavation. These services only locate utilities belonging to the service provider. Any applicable underground utilities will be marked by Miss Utility of VA only up to the point of private ownership. It is the responsibility of the owner/contractor to identify and locate any privately owned underground utilities that are located in the area. Any damages or repairs to private owned utilities are not the installer's responsibility if private utilities are not located. Installer down time due project delays caused by any non -located private utilities could result in back charges. If damage to utilities (public or private) is un-avoidable during the installation, another installation site or re- location of the utilities may be necessary to continue. 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: R0098222127 Quote Date: 8/9t2022 Equipment: $58,508.00 Grand Total: $90,857.22 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 8/92022 Page 3 of 4 QUOTE: R0098222127 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. 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 8/92022 Page 4 of 4 QUOTE: R0098222127 Contour Construction LLC 1713-213 Allied Street Charlottesville, VA 22903-5333 Name / Address Riverbend Managemnet 31 Fast Main Street Charlottesville, VA 22902 Estimate Date Estimate # 8/16/2022 46546683 Miracle Recreation Equip. Co. 878 E. US Hwy 60 Miracle Monett, MO 65708 Prepared For Kent Henry Riverbend Development, Inc 455 Second St SE Suite 201 Charlottesville, VA 22902 434-326-7485(phone) kent@riverbend.dev Quote Number: R0098222114 Quote Date: 8/11/2022 Valid For: 30 Days From Quote Date Project Name & Location: QUOTE: R0098222114 Project: R0098_44769891432_01 Prepared by: Glenbrook at Foothills Phase III George Novey for Miracle Recreation Site Concepts - Northern VA Office (434) 823-2745 (phone) george@siteconceptsva.com PlayArea_I Product line: Wabash-PlayPower - Age group: 5-12 Components Part Number Description Qty Weight Unit Price Total MRSG303D BENCH W/BACK 6' DIAMOND ING 6 113.00 488.00 2,928.00 MRSP300D SWING W/CHAIN 4' DIAMOND 2 105.00 868.00 1,736.00 MRSP31ON POST ROUND ING 2 95.00 421.00 842.00 PlayArea_2 Product line: Freestanding - Age group: 13+ Components Part Number Description Qty Weight Unit Price Total 925920Z TOUCH UP PAINT KIT - FREESTANDING 1 2.00 0.00 0.00 OTSM1 OTS GROUP FIT 1 1 2,165.00 21,000.00 21,000.00 PlayArea_3 Product line: Freestanding - Age group: 5-12 Components Part Number Description Qty Weight Unit Price Total 159006 AGE 5-12 FITNESS COURSE, HORIZONTAL 1 230.00 2,040.00 2,040.00 LADDER 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 6 10.00 137.00 822.00 2903 2-LG STD SWG FRAME ONLY 8' TR 2 SEATS REQ 1 160.00 991.00 991.00 GV 2903X 2-LG STD ADD -A -BAY 8' TR 2 SEATS REQ GV 2 115.00 751.00 1,502.00 304 TEN SPIN 1 1,000.00 3,889.00 3,889.00 656386 GROOVE II SLIDE W/PVC STEPS (6'6" PLATFORM) 1 600.00 4,656.00 4,656.00 657428 315 D FUN TUN SLI LH W/PVC STEP (8' PLFM) 1 1,000.00 9,243.00 9,243.00 8/11/2022 Page 1 of QUOTE: R0098222114 RiskSign_Included Product line: Freestanding - Age group: Components Part Number Description Qty Weight Unit Price Total 787Z RISK MANAGEMENT SIGN - ENGLISH (NO PRICE) 1 0.00 0.00 0.00 Additional Items Part Number Description Qty Weight Unit Price Total 925961 THUMB DRIVE 2GB - MREC 1 0.00 0.00 0.00 926021 MREC CARD F/THUMB DRIVE 1 0.00 0.00 0.00 INSTALL INSTALL BOOK FOR PP ORDERS 1 0.00 0.00 0.00 BOOK Parts By Other Part Number Description Qty Weight Unit Price Total Plastic 4' Black plastic perimeter borders w/ opening kit - 1 0.00 3,993.00 3,993.00 Borders delivered & installed Wood Mulch 200 cy playground certified mulch - delivered & 1 0.00 9,500.00 9,500.00 installed Totals: Equipment Weight: 6,525.00 Ibs Equipment List: $49,649.00 Discount Amount: -$13,242.56 Equipment Price: $36,406.44 Freight: $2,784.02 Installation: $16,880.00 Products by Other: $13,493.00 SubTotal: $69,563.46 Estimated Sales Tax`: $1,929.54 Grand Total: $71,493.00 Notes: • 50% Deposit required unless credit terms are established with Miracle Recreation • Additional savings offered if project paid in full by check/ACH when ordering. Ask for details. • Proposal given site unseen. Flat and accessible area required or additional charges may apply. • Proposal does not include the following scopes: 0 excavation 0 grading 0 drainage 0 fencing 0 walkways 0 other site work not called out in quote above. 0 ROCK CLAUSE: Rocky digging conditions will add $75/man-hour plus extra equipment expenses. Customer will be notified if unusually rocky conditions are encountered by installer and will need to approve any additional charges. INSTALL - Conditions of normal operations: Prices assume normal soil conditions and do not include rock excavation. Unless otherwise noted quote does not include prevailing wages, permits, state or local approvals, performance bond, engineering seals, soil testing, sub -grade drainage, security fencing, or landscaping. Work will require use of heavy equipment. Access to the work site must be available for skid steer loader type equipment. Expect some site disturbance to grounds in the performance of the project. Underground utility locations responsibility: 8/11/2022 Page 2 of 4 QUOTE: R0098222114 Our installers will notify Miss Utility to locate underground public utilities prior to the beginning of any excavation. These services only locate utilities belonging to the service provider. Any applicable underground utilities Will be marked by Miss Utility of VA only up to the point of private ownership. It is the responsibility of the owner/contractor to identify and locate any privately owned underground utilities that are located in the area. Any damages or repairs to private owned utilities are not the installer's responsibility if private utilities are not located. Installer down time due project delays caused by any non -located private utilities could result in back charges. If damage to utilities (public or private) is un-avoidable during the installation, another installation site or relocation of the utilities may be necessary to continue. 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: R0098222114 Quote Date: 8/11/2022 Equipment: $44,143.00 Grand Total: $71,493.00 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. 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 specked in this Quote. 8/11/2022 Page 3 of 4 QUOTE: R0098222114 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 8/ 1 1 /2022 Page 4 of 4 QUOTE: R0098222114 BENCH W/BACK U DIAMOND ING MRSG303D RENG 9ATON LFW5 ORQAMPSLFIW MP Lm mS 2 STATON SIGN IF102 ors 1 STATION SIGN LF101 STATON ROW lima Y/ OTSTPA Mr&1k1 A FIEI M tF1 , 0112 produO cetl0lca I 2e Yislt Yiww.ipema.org Glenbrook at Foothills Phase III - Specified Equipment Charlottesville, VA m - mw—., --1M - POST ROUND ING MRSP31ON SWING W/CHAIN 4' DIAMOND MRSP300D O15N H OIPA£G ftI LM2 OTS GROUP FIT 1 OTSM1 OTS GWa 315FUNNELTUNNEL SLIDE W/STEPS 657428 HORIZ. LADDER 159006 AGEGROUP: S12 R1R nREMFE 5-12 ELEVATTEDPLAVACTWnESACCESIE-BV TRANSFER: O REO'D 0 ELEVATEDPLAVACTNITIESACCESIBLEBVRAMP: 0 REO'D 0 vFiaE GROUND LEVELACTWITVTVPE: 4 REO'D 0 EVEL GROUND LQUANTITY: 10REO'D 0 Ep1EFE 14+ TEN SPIN 304 GROOVE II SLIDE W/STEPS 656386 'Miracle Site Concepts L.L.C. PO Box 235 PHONE NO: (434) 823-2745 Crozet,VA FAX NO: (434) 823-2749 R0098 44769891432 To promote safe and proper equipment use by children. Miracle recommends the installation of either a Miracle safety sign or other appropriate safety signa a near each playsystem's main entry point(gs) to inform parents and supervisors of the age appropriateness of the playsystern and general rules for safe play. THE PLAY COMPONENTS IDENTIFIED IN THIS PLAN ARE IPEMA CERTIFIED. THE USE AND LAYOUT OF THESE COMPONENTS CONFORM TO THE REQUIREMENTS OF ASTM F1487. COMPLIES TO ASTM/CPSC GROUND SPACE: 103'-o"Xas'-o° COMPLIES TO ADA AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED UNDER &AROUND ALL PLAY SYSTEMS PROTECTIVE AREA:112'-s"x62'E" DRAWN BY. George Novey DATE: 7/27/2022 ESTIMATE Jordan's Lawn Care, Inc, jordancoffmanBB20030yahoo.com 1947 Thomas Jefferson Parkway (540)294-2667 Charlottesville, VA 22902 Glenbrook Bin to Glenbrook Estimate details Estimate no.: 1097 Estimate date : 8/12/22 Product or service Amount 1. Site work 3 units x $1,250.00 $3,750.00 Free Standing Wood Swinging Bench 2. Site work $13,000.00 Concrete Patio 3. Site work $3,200.00 Propane Tank and Gas Line install 4. Site work $2,200.00 Propane Fire pit 5. Site work $2,500.00 Fire pit masonry work 6. Site work $3,700.00 Brick Knee Wall with puck lights 7. Site work 8 units x $300.00 $2,400.00 Adirondack Chairs S. Site work 315 units x $60.00 $18,900.00 Dog Park Fence 9. Site work 2 units x $359.00 $718.00 4' Gate 10. Site wo rk 1 unit x $579.00 $579.00 8' Gate 11. Site work Dog Waste Station 12. Site work Benches 1 unit x $379.00 $379.00 2 units x $787.00 $1,574.00 Total $52,900.00