19-R-128 Drainage Easement through dedicated public parkland - Rhinevalley unit 3BRESOLUTION NO. 19 -R -128
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING A DRAINAGE EASEMENT
THROUGH DEDICATED PUBLIC PARKLAND FOR THE RHINE
VALLEY UNIT 3B DEVELOPMENT.
WHEREAS, the City staff of the City of Schertz (the "City ") has determined that
granting a drainage easement in Rhine Valley Park is not detrimental to the existing use of the
park; and
WHEREAS, City staff agreed the proposal from the developer to provide a shade
structure as public benefit in exchange for the drainage easement; and
WHEREAS, the Parks & Recreation Advisory Board approved the drainage easement
and corresponding public improvements at their September 23, 2019 meeting; and
WHEREAS, the Planning & Zoning Commission approved the final plat of Rhine Valley
Unit 3B with the drainage easement in it at their October 9, 2019 meeting;.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes a drainage easement through
dedicated public parkland for the Rhine Valley Unit 3B development, subsequent to the owner of
Rhine Valley Unit 3B entering into a Subdivision Improvement Agreement obligating them to
construct the fence and shade structure.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting; including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this 22nd day of October, 201
ATTEST:[
7 Secretary
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R. Carpenter, Mayor
V 3EI71ER /FORCE MAIN CRO SINGIII J
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EXISTING DRAIN
r BUYBOARD QUOTE 103 Red Bird Lane
.• v Austin, Texas
7SSbcii� es LP 78745 -3122
TO: City of Schera BUYBOARD CONTRACT #512 -16 QUOTE #: 1 12218 -03tb
Attn: Jared Montney PLEASE FAX YOUR PO & SIGNED QUOTE TO DATE: November 22, 2018
Address: 1400 Schertz Pkwy, Schertz, Texas 78154 BUYBOARD & T-F. HARPER & ASSOCIATES LP TO
Install Site: Schertz, Texas 78154 INSURE COMPLIANCE & RECEIPT OF YOUR
Phone: 210-488-4252 ORDER.
Email:
Rhine Valley Park - Shade Structure over Playxround
QTY DESCRIPTION OF EQUIPMENT UNIT PRICE TOTAL COST
I
Modern Shade 4 Post HIP Shade Canopy, 36'X 45'X 14' Eave Height, In- Ground
$16,614.00
Shade Structures are designed for 90 mph winds, 3 second gusts, 5 psf live load: membranes must
be removed if weather conditions are expected to exceed design limits.
Less Discount
($1,661.00)
I
Freight on Above Equipment
$358.00
1
Installation on Above Equipment
$8,496.00
1
Sealed Engineered Drawings
$750,00
1
Remove (1) Roof from Play Structure; Cut Posts and Install Post Caps
$625.00
Permit, If needed, can be obtained but are not included in pricing.
Sales Tax
Exempt
I TOTAL $25,182.00 I
QUOTE IS VALID FOR 30 DAYS FROM DATE OF QUOTE OR FROM DATE OF REVISION
PRICING IS BASED ON GOOD ACCESS TO THE INSTALL AREA BY TRUCK/BOBCAT.
NOT INCLUDED: Sales Taxes, Permits, Bonds (if required), Site Work in Excess of Normal Installation (example: site prep -
excavationfinfill, concrete slab, french drains, excess rock removal), Sealed Engineered Drawings, Any Necessary Tree
Trimming.
Any Installation charges quoted are based upon a soil work site (not rocky) that is freely accessible by truck, no fencing, tree/landscaping or utility
obstacles, etc.), and level ( +/- 1 -2% max slope). Any site work not expressly described is excluded. All underground utilities must be located and
clearly marked before any work can begin. Installation of all products (equipment, borders, ground cover, amenities) are as quoted and approved by
acceptance of quote/drawings. The installer is not responsible for any damages or rework resulting from after -hours events or activities during the
work in progress period. The customer is responsible for maintaining the integrity of completed installation work until components have seated
and/or cured (concrete footings, etc.).
Payment Terms: 50% due ($12,591.00) with signed quote and balance due upon completion of work and receipt of invoice.
Estimated Delivery & Installation: 10 weeks after receipt of signed quote & color selections.
PLEASE SIGN & RETURN ATTACHED ROCK/UNDERGROUND UTILITY CLAUSE WITH YOUR SIGNED QUOTE.
Accepted by:
Date:
Shade Quote- Rhine Valley Park
P.O. # (if applicable):
Thank you for giving us the opportunity to quote this equipment.
Shawn Cooper
Commercial Play and Recreational Equipment
www.tfharper.com - - 800.976 -0907 - - local: 512.440.0707 - - fax. 512.440.0736
LA
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shade
Warranty
P.O. Box 150069
Austin, Texas
78715 -0069
Modern Shade, LLC. ( "MODERN SHADE ") warrants that all Commercial Shade Products (Product) sold shall be free of defects in materials or
workmanship. The Warranty set forth shall be the purchaser's sole and exclusive Warranty and is effective from the date of Product shipment or pickup.
MODERN SHADE further warrants:
LIMITED 20 YEAR NON- PRORATED WARRANTY against failure due to rust- through corrosion on all Commercial steel frames with the exception of
powder coated steel frames installed within 5 miles of the coast which has a 10 YEAR NON - PRORATED WARRANTY against failure due to rust -
through corrosion. Failure to provide routine maintenance as stated in the below Required Maintenance and Care will void the Warranty.
LIMITED 10 YEAR NON - PRORATED WARRANTY on all Commercial shade fabric and Teflon stitching against cracks, tears, material breakdown or
significant fading as a direct result of ultra- violet exposure with the exception of Red, which carries a 3 year limited warranty. MODERN SHADE reserves
the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric
of the discontinued color.
LIMITED 1 YEAR WARRANTY on all moving parts, surface coat finish or any other product or part not covered by one of the above warranties.
All of the above Warranties exclude any cosmetic issues. MODERN SHADE reserves the right to repair or replace any item covered by this
Warranty. MODERN SHADE shall deliver all repaired or replacement part or parts to the customer FREE OF CHARGE. MODERN SHADE shad not be
responsible for providing labor or the cost of labor for the removal of the defective part or parts and the installation of any replacement part or parts. All
Repaired or Replacement parts shall be warranted for remainder of original warranty. The Warranty shall be void if the Product is not paid for in full
within 30 days. MODERN SHADE specifically denies the implied warranties of fitness for a particular purpose and merchantability. The Warranty is void
if the Product is not installed in strict compliance with the MODERN SHADE specifications. Purchaser shall notify MODERN SHADE in writing within
thirty (30) days following the discovery of the alleged defect, detailing any defects for which a Warranty claim is being made; otherwise the Warranty
shall be void. The Warranty shall be void if damage to the Product or any of its components is caused by misuse; harmful chemicals; excessive loads,
pressures or forces such as abnormal weather conditions outside or In excess of the design specifications; acts of God; falling objects other than hall;
explosions; fire; riots; civil commotion; vandalism; external forces; acts of war; radiation; harmful fumes or foreign substances in the atmosphere; floods;
abuse by machinery, equipment or any persons; immersion in salt or chlorine water; not performing maintenance as described in the below Required
Maintenance and Care; causes not within MODERN SHADE'S control; or if modifications are made to the Product without prior written consent from
MODERN SHADE including but not limited to attaching signs, banners, lights or decorations. All Commercial shade products are designed for 90 MPH
wind speed (three second gusts) and 5 PSF snow load, unless otherwise stated. Fabric Tops must be removed if weather conditions are expected to
exceed these design limits. Commercial steel frames without a membrane top are designed for 150 MPH wind speed (three second gusts). Light
fixtures are limited solely to the manufacturer's warranty.
Liability Limitation:
Modem shade shall not, in any event, be liable in contract or in tort (including negligence) for loss of profits or revenue, loss of use of equipment or
facilities, cost of capital, or for any special, indirect, incidental or consequential damages of any nature resulting from or in any manner relating to the
product covered hereby, It's design, use, any inability to use the same or any delay in delivery of the same. Furthermore, it is understood and agreed
that the sole and exclusive remedy with respect to defective product shall be the repair, correction or replacement thereof pursuant to the foregoing
provisions. Should the product or any part of it prove so defective, however as to preclude the remedying of warranted defects by repair or replacement,
the customer's sole and exclusive remedy shall be the refund of the purchase price of the product, or part thereof which is defective, upon its return to
modern shade. Furthermore, modem shade is not liable for damage to property caused by rain or hail. Corrections of non - conformities and defects in
the manner and for the period of time provided above shall constitute fulfillment of all liabilities of modem shade to the customer, whether based on
contract, negligence or otherwise with respect to or arising out of such product. No warranties or representation at any time made by any sales
representative, dealer, agent or any person shall be effective to vary or expand the above express warranty or any other term hereof.
Required Maintenance and Care
Failure to provide the following routine maintenance shall void the Warranty.
Maintenance of Fabric Tops:
Fabric tops should be checked annually to ensure proper cable tension is maintained throughout the Warranty period. To remove dirt or bird droppings
from fabric tops, simply spray the underside with water. For stubborn dirt, mild dish soap may be applied and rinsed.
Maintenance of Steel Frame:
Owner is responsible for routine maintenance to preserve the finish and welded joints. If surface rust or corrosion appears (regardless of cause), owner
shall remove with sand paper or wire brush, prime and repaint. Ensure all connecting hardware is properly secured. Ensure all bolted connections and
slip fit joints are caulked as needed. Failure to provide routine maintenance will void the Warranty.
(512) 385 -4100 . (877) 385 -3444 TF (512) 385 -4103 F
® 's
HIIPE
Ir'
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Fabric Color Options
Natural Desert Sand
Cider —
Brown
96.896 UVR Block 96A% UVR Block
947% UVR (V -clt
94.6% UVR
Cayenne Cherry Red
Deep Ocher
Brunswick Green
940% UVR Block 89.396 UVR Block
94A96 UVR Block
9S 1% VVP &0C
M., M
NI"*
Sky Blue Aquatic Blue
Navy Blue
93.896 UVR Slock 93A% UVR Block
94.3% UVR Block
95.29.'. UVR Block
Nf
Rivergum Steel Grey
Gun Metal
Black Yollow
923% UVR Block 93D% UVR Block
977% UVR Block
97.4% 97.1'%
UVP Block
Limited warranty
Modern Shade LLC offers a 10 year non- prorated warranty on the-shade
fabrlq a 20 year non-prorated warranty on steel frames ind a 1 year
warranty on all moving parts, surface coat - finish, or any other product or
part not covered by the above warranties.
Powder Coat Color
Options
[liar Dip Gafvanezed finish av^1lable rip*n rcouasil
Signal Red Brown Red Sepia Brown Belge
RM 5005 RAL 301 RAL SOW RAIL 1001
Signal Blue Cobalt Blau Moss Green Zinc Yellow
RAt 5005 RAL 5013 RAL 6M RAL IM
M "M
Traffic Black 11V{ndow Grey Ughl;,hroiy Vgnal v hhe
RAL 9017 R41.7040 RAL 1015 RAL 9003
,i)odernshadelic.com • 1.877.385.3444
0917
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issocia es LP
ROCK CLAUSE
103 Red Bird Lane
Austin, Texas
78745 -3122
playground @tfiiarper.com
IN THE EVENT THAT SITE SOIL OR ROCK CONDITIONS ARE SUCH TO PREVENT
NORMAL INSTALLATION TIME AND PROCEDURES, THE OWNER/CUSTOMER WILL BE
RESPONSIBLE FOR ADDITIONAL EQUIPMENT AND LABOR EXPENSES IN THE AMOUNT
OF SIX HUNDRED AND FIFTY AND NO 1100 DOLLARS ($650.00) PER DAY IN ORDER TO
ACCOMPLISH THE INSTALLATION.
UNDERGROUND UTILITY CLAUSE
NEITHER T. F. HARPER & ASSOCIATES, ITS EMPLOYEES OR ITS SUB - CONTRACTORS
ARE RESPONSIBLE FOR ANY DAMAGE DONE TO ANY TYPE OF UNDERGROUND
UTILITIES ON THE SITE CHOSEN BY THE PROPERTY OWNER/MANAGER TO INSTALL
THE EQUIPMENT UNLESS THE OWNER/MANAGER HAS THESE LINES ACCURATELY
STAKED PRIOR TO INSTALLATION COMMENCEMENT. WITHOUT PROPER AND
ACCURATE STAKING OF THESE UNDERGROUND LINES, ANY COSTS INCURRED TO
REPAIR DAMAGED LINES OR TO RENDER MEDICAL TREATMENT IN THE EVENT OF
INJURY TO A T. F. HARPER & ASSOCIATES EMPLOYEE OR SUB - CONTRACTOR DUE TO
CONTACT WITH UNMARKED UNDERGROUND LINES, SHALL BE THE SOLE
RESPONSIBILITY OF THE PROPERTY OWNER/MANAGER. T.F. HARPER & ASSOCIATES,
ITS EMPLOYEES OR SUB - CONTRACTORS CANNOT PROCEED WITH ANY JOB WHERE
UNDERGROUND LINES ARE THOUGHT TO BE PRESENT WITHOUT ACCURATE
MARKINGS.
THE TERMS OF THIS PROPOSAL ARE UNDERSTOOD AND AGREED UPON BY THE
UNDERSIGNED. THE UNDERSIGNED, AS THE OWNER OR REPRESENTATIVE OF THE
OWNER, SWEARS TO BE AUTHORIZED TO SIGN THIS LEGAL AND BINDING
AGREEMENT, THEREFORE ACCEPTING LEGAL RESPONSIBILITY AND LIABILITY FOR
THE FULFILLMENT OF THE ABOVE TERMS.
Accepted By:
Date:
Commercial Play & Recreational Equipment
www.tpwrper.com - - 800.476.0107 - - local. S 12.440.0707 - - tax. 512.440.0736