Minutes - 2006 - City Council - 01/31/2006 - Special
EAGLE CITY COUNCIL
Special Meeting Minutes
January 31, 2006
1. CALL TO ORDER: Mayor calls the rneeting to order at 6:30 p.m.
2. ROLL CALL: Present: GUERBER, NORDSTROM, BANDY. Absent:
BASTIAN. A quorurn is present.
Nordstrom moves to amend the agenda to add re-appointments to the Industrial
Development Corporation Board of Directors as item 4B and also to hear New
Business prior to the discussion with Signature Sports Development. Seconded by
Guerber. ALL A YE...MOTION CARRIES.
4. NEW BUSINESS:
A. Review and action on file system quote for new City Hall building.
Deputy Clerk states that this system bid came in at an amount that was under $25,000 and
thus the Idaho State Code bid requirements are not applicable. Both the building
departrnent and planning and zoning staff have reviewed the file system design for their
respective file rooms and feel the proposed systerns will allow thern to maxirnize the
usable space in each file roorn. Deputy Clerk respectfully requests that Council approve
the expenditure and authorize the Mayor to sign upon the review and approval of the City
Attorney.
Bandy moves to approve the expending not to exceed $22,802.00 for file systems for
the new city hall. Second by Nordstrom. Discussion. Bandy amends his motion
that approval is contingent upon review and approval of the City Attorney. Second
concurs. ALL AYE...NORDSTROM; AYE: BANDY; AYE: GUERBER;
A YE...MOTION CARRIES.
4B. Appointment to the Industrial Development Board.
Guerber approves the re-appointment of Dave Dickey and Blake Watson to the
Industrial Development Committee each for three year terms. Seconded by
Nordstrom. ALL AYE...MOTION CARRIES.
Bastian arrives at 5:34 p.m.
3. A-9-05/RZ-13-05/CU-12-05/PPUD-13-05 - Lel!:acv Planned Unit Development:
Signature Sports Developrnent, LLC, to discuss terms of the development agreernent
and PUD. No Council action, nor public testimony, will be taken for this item.
Nordstrorn discloses that he had ex parte contact with the applicant.
Nordstrorn states that he viewed some of the design inforrnation that would be presented
tonight. He did not judge the proposal one way or another. Just wanted to rnake sure
they knew where the Council was coming from and certainly rnaking sure that it was their
development, and as long as it fits with the city - the city would be happy one way or
another. Nordstrom states that he suggested holding a public workshop to review the
Page I
K:\COUNClL\MlNUTES\Temporary Minutes Work Area\CC-O 1-31~06spmin doc
changes proposed by the applicant and go back into the public process and see how it will
fit. Does not feel he is bias for or against the project.
Todd Santiago discusses the proposed changes. The new plan rernoves the golf course
and focuses more on the acadernies, after a certain amount oftirne, memberships to the
acadernies would be rnade available to those not residing in the development. A three
hole training course would be on site, six outdoor tennis courts, soccer fields, an eight
lane swimrning pool and a learn to swirn pool. The new proposal aims to be more of a
family developrnent.
A slide show presentation is given showing the facility design.
Discussion between Council and representatives from Signature Sports Development.
City Attorney states that depending on the applicant's desired modifications it appears
that there may be a substantial change and thus, per Idaho State code, the application
would need to be heard at public hearing at the Planning and Zoning Cornmittee and City
Council level.
General discussion.
5. ADJOURNMENT:
Guerber moves to adjourn. Seconded by Bandy. ALL AYE: MOTION
CARRIES...
Hearing no further business, the Council rneeting adjourned at 8:40 p.m.
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TRACY OSBORN, CMC : u. 0 , ~: 0 .
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DEPUTY CLERK : ~ G~ ;I:J:
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. APPROVED: .....", S]' A T1!. ~.~
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Page 2
KICOUNCIL\MINUTES\Temporary Minutes Work AreaICC-Ol-31-06spmin doc
Eagle City Hall
310 E. State St./P.O. Box 1520
Eagle, Idaho 83616
(208) 939-6813 (ext.201) fax (208) 939-6827
A memo from the Deputy City Clerk
To: Mayor & Council
CC:
From: Tracy E. Osborn, CMC
Date: January 30, 2006
Re: Addition to New Business - item 4B
Re -appointment to the Industrial Development Board
Blake Watson and Dave Dickey are both up for re -appointment to the IDB. They will be
serving three year terms should the Council choose to affirm their re -appointment.
I'll be rine...give me just a minute.
CG i/3db
SPACESAVER INTERMOUNTAIN, LLC
Henrik % n Bu;Ii'r 1)C.%Q.:11 tv (iru;rp
PROPOSAL 28814
Page 1 of Date: 01/31/06
Proposal and Sales Agreement
Purchaser Delivery Location
CITY OF EAGLE /CITY HALL
ATTN: TRACY OSBORN
. 310 EAST STREET
EAGLE, ID 83616
CITY OF EAGLE/CITY HALL RM 123
ATTN: TRACY OSBORN
. TO BE DETERMINED.
EAGLE, ID 83616
. CLIENT: 020615 . ACCOUNT MGR: JAY MADISON
# QTY PRODUCT DESCRIPTION SELL EXTENDED
EAGLE CITY HALL ROOM 123
2
1 SPACESAVER - 3 ea. 30"W X 4'L Mechanical
Assist Carriages
- 3 ea. 95 3/4"H X 48"W X 30"D
Double faced four post
sections.
- 1 ea. 95 3/4"H X 48"D X 15"D
Single face four post section.
- 2 ea. 10' 2" Length Anti -tip
rail.
- 1 ea. Floor and ramp
TOTAL PRICE INCLUDES PRODUCT,
FREIGHT, DELIVERY AND
INSTALLATION. PRICE INCLUDES
CLEANUP AND DISPOSAL.
8,973.00 8,973.00
PAGE 1
QTY PRODUCT DESCRIPTION
COMMENTS: SUBTOTAL
8,973.00
PROPOSAL 28814
SELL EXTENDED
TOTAL 8,973.00
03/01/06
This proposal expires on unless written acceptance is received by SELLER on or before 5 p m that date.
The deposit required on this proposal is
4,486.00
Payment Terms: 50% down, .a
50% upon job completion
HB reserves the right to modify payment terms based upon credit review.
Lease Information
3 yr. Lease, approx. $ monthly
5 yr. Lease, approx. $ monthly
Seller
Title: Date:
Purchaser agrees to purchase the goods and services described above on
pages 1 through including this one, accordance with the TERMS AND
CONDITIONS on the next page, including but not limited to the "Payment",
"Default" and "Security Interest" provisions This proposal is only an offer to
purchase. and is not binding upon the SELLER until accepted by the SELLER
in writing ALL EXPRESS AND IMPLIED WARRANTIES ARE HEREBY
DISCLAIMED INCLUDING WARRANTIES OR MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS SET FOR UNDER
"TERMS AND CONDITIONS". SELLER SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL DAMAGES
Accepted For:
By:
Print Name:
Title:
249 South 400 East • Salt Lake City, Utah 84111 • T801.363 5882 F801.359.4326
Classic. Innovative.
Date:
PAGE 2 OF 2
TERMS AND CONDITIONS
SPACESAVER INTERMOUNTAIN, LLC
Payment
• Merchandise will be invoiced upon delivery. If there is to be more than one delivery of merchandise, an invoice will be issued upon the first delivery.
Purchaser agrees to pay each invoice within ten days of the invoice date. No payment shall be withheld on any invoice because of partial delivery of
the entire order. Any security deposit is non-refundable. If payments are in default, seller shall have the option of declaring the remaining unpaid
purchase price due and payable and may elect to recover merchandise and take judgment for deficiency after public or private sale including interest,
collection costs and attorney fees.
Security Interest
• Purchaser hereby grants to Spacesaver Intermountain, LLC. a security interest in all merchandise sold under this order to secure full payment of the
purchase price and all other obligations of Purchaser under this agreement. A copy of this agreement may be filed a s a financing statement.
Purchaser's signature hereon authorizes Spacesaver Intermountain, LLC. to execute such financing statements on Purchaser's behalf as may be
required by the State.
Installation Date
(a) The Installation Date is agreed upon for the purpose of specifying delivery dates of merchandise ordered from manufactures. Although Spacesaver
Intermountain, LLC. will use its best efforts to expedite timely delivery, it cannot guarantee that merchandise will arrive from manufacturers a
specified, and Spacesaver Intermountain, LLC. shall not be liable for ordered merchandise not arriving timely.
(b) Purchaser shall provide or pay for all storage of ordered merchandise necessary after the installation date, and for all costs of moving such
merchandise to and from storage after the installation date.
Installation Terms
• Delivery and Installation shall be made by Spacesaver Intermountain, LLC. Personnel, or its subcontractor, during normal; working hours or at other
hours by special arrangement. Purchaser shall pay additional labor costs resulting from off -hour or overtime work performed at Purchaser's request or
from required use of labor other than Spacesaver Intermountain, LLC. personnel or its authorized subcontractor. Purchaser shall provide, at
Purchaser's cost, electricity, heat, hoisting and elevator service and adequate facilities for off loading, staging, moving and handling of merchandise.
The job site shall be clean and free of obstruction for installation. Purchaser shall pay any special packaging or handling costs not contained in the
specifications.
Insurance and Risk of Loss
• All risk of loss shall pass from Spacesaver Intermountain, LLC. to Purchaser upon delivery of merchandise to Purchaser or upon delivery of
merchandise into storage for the account of Purchaser after the Installation date, whichever comes first. For the purposes of this paragraph 5 only, the
term "merchandise" shall include any property owned by or under the control of HB delivered to or for the benefit of Purchaser, whether purchased by
Purchaser or delivered to Purchaser on approval. Purchaser shall carry fire and casualty insurance in an amount sufficient to insure the value of the
merchandise at the delivery site or at the storage site.
Taxes and Freight
• Prices do not include any applicable sales, use excise, or other tax which, if applicable, Purchaser shall pay and which shall be added to the sales
prices at time of invoicing. Purchasers exempt from taxes shall furnish certificates of exemption upon execution of this agreement. Freight charges are
F.O.B. job site unless otherwise indicated.
Cancellation and Changes
• This agreement, once executed by Spacesaver Intermountain, LLC. and Purchaser, cannot be cancelled or modifies except by a writing signed by
both the parties. Changes made in the agreement which result in increased charges shall be for the account of the Purchaser. In the event
Spacesaver Intermountain, LLC. agrees to a return, a cancellation fee equal to 40% of the purchase price will be assessed. No storage products or
other specially ordered items can be cancelled or retumed after the manufacturer begins the production. Prices and quantities of wall, window and
floor coverings and other items measured from blue prints or other items measured from blue prints or otherwise estimated are subject to change
upon field measurement at the expense of Purchaser.
Warranties and Claims
(a) Spacesaver Intermountain, LLC. warrants for a period of one year from delivery that the merchandise id free from defects in workmanship and
materials, and that it will repair or replace defective merchandise, at its costs, within a reasonable time, subject to availability of replacement
merchandise. No other warranties express or implied are granted hereunder. No warranty in addition to the foregoing expressed warranties, whether
express or implied, made by any employee or agent of Spacesaver Intermountain, LLC. shall be valid unless reduced to writing and signed by an
officer of Spacesaver Intermountain, LLC.. TO THE EXTENT ALLOWED BY LAW, ANY IMLIED WARRANTY, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, IS LIMITED TO THE PERIOD OF ONE YEAR FROM THE DATE OF
DELIVERY.
(b) Purchaser shall inspect the merchandise upon delivery. Acceptance of delivery constitutes acceptance of the merchandise as delivered. Any warranty
claims for latent defects not discoverable upon reasonable inspection must be made in writing within the warranty period.
Default, Interest and Fees
• Purchaser shall pay interest at the rate of 18% per annum on all payments in default, and shall pay all reasonable costs, expenses and attorneys' fees
incurred by Spacesaver Intermountain, LLC. in enforcing the terms of this agreement.
Entire Agreement; Controlling Law
• This agreement constitutes the entire agreement between the parties. Purchaser is relying solely upon the terms of this agreement, and not upon any
oral or written statements, whether of Spacesaver Intermountain, LLC., its officers, employees or agents, of any manufacturer, or any other person
whatsoever in entering into this agreement. This agreement shall be interpreted and enforced under the laws of the State of Utah
I have read and accepted these terms and conditions:
51 710"
Table
��24•I
sl.
36'
30•
179 ter
30'
30•
► U2
• U2
• U2
11
IVO
E
:.Nu
1s 3L13./
48' I 42'
97 716•
H95 314"
95 3i4'446'
9x4'
9 x4'
9 x4•
• ............ 9x4 -
u1
95314•
H951116"
ea 114'x46•d30'
U 2-F
12 314-
9 x4"
9314'
9314'
9x4'
9 314'
9 3/4-
9 x4'
11111114.
6 13/16'1
Linear Filing Inches
H95 314"
95 314•x46• d30'
9 314.
�\ \ M .. 6x4'
(L\ rqm110113/
•t�exs•
961116' t. .t. t. .. r 6x4'
1� t t t .�. 6x4•
��� 6x4•
.` 6x4•
3/4•
►1.\\\ 6x4'
3/4'
Items not assigned to a Position .
Actual LFI 3,198'
Nominal LFI 3,338'
0 Include Existing
U3
H95 314"
95 314'x36• d30•
\,
U4
47 114-
99 We
44 114'
/ t 0
94w
kn
U.)
Total media weight 5.949.00 Ibs a
Total equipment weight 3,157.76 Ibs x
Total aisle weight (15 IbsHt') 683.43 lbs 0
Total system (media. equipment and aisle) weight 9.790 19 Ibs a
Total Foot -Print area 111.38 ft= Q
Total weight Toad per square foot (avg unit load) 87.90 Ibs/ftx
Weight bad (line load') under front rail 3.620.48 Ibs 1.186.74 Ibs/ft 0
Weight load (line bad') under back rail 3.183.05 Ibs 988.74 Ibs/ft Q
'Line Load calculations do not include the weight of Floor, Ramp. or Aisles. a
O
o.
e a
0
0
a
w
�% N f Project #: , w
Project Name: QQ914 APPROVAL
1 !11 SPACESAVER
, This drawing Approved By. o.
INTERMOUNTAIN... Eagle City Hall Room 123 Opt A Drawn by: re'
Sherry
0
Date Printed:Dated z
01131 /2006 a
Scale Rev level: 0
ii ".3/16" = V n / (-)`Copyright 0 2004Spacesaver Corporation. This material is proprietary andndconfidential, and the disclosure reproduction by photography, film. blueprint or otherwise or incorporation into any information retrieval system without first receiving written approval
fromfrom Spacesaver Corporation is expressly prohibited by law.
System Weight Summary Report
SPACESAVER INTERMOUNTAIN, LLC
„irrsinn u/ !O•sign (romp
Page 1 of
PROPOSAL 28815
Date: nl /-41 /nF
Proposal and Sales Agreement
Purchaser Delivery Location
CITY OF EAGLE /CITY HALL
ATTN: TRACY OSBORN
. 310 EAST STREET
EAGLE, ID 83616
CITY OF EAGLE CITY HALL ROOM 117
ATTN: TRACY OSBORN
. TO BE DETERMINED
EAGLE, ID 83616
. CLIENT: 020615 . ACCOUNT MGR: JAY MADISON
QTY PRODUCT DESCRIPTION SELL EXTENDED
2
EAGLE CITY HALL ROOM 117 - ` i 1L 1( GC' iI
SPACESAVER - 4 ea. 24"W X 9'L Mechanical 13,829.00 13,829.00
Assist Carriages
- 12 ea. 95 3/4"H X 36"W X 24"D
Double faced four post
sections.
- 95"H X 36"W 12"D Single faced
four post sections.
- 12' 6" Length Anti -tip B
rail.
- 1 ea. Floor and ramp
TOTAL PRICE INCLUDES PRODUCT,
DELIVERY, FREIGHT AND
INSTALLATION. PRICE INCLUDES
CLEANUP AND DISPOSAL.
(762/ii
54:0 ktiO
PAGE 1
PROPOSAL 28815
# QTY PRODUCT DESCRIPTION SELL EXTENDED
COMMENTS:
his ro osal e fres on
03/01/06
e depos t re red on i s proposal s
Pa ment erms
do n
pon o
SUBTOTAL • 13,829.00
TOTAL 13,829.00
unless ritten acce tance is receive y LL on or efore that ate
6,914.00
en prod t s ps
omplet on
reser es t erg t to mod pa ment teens ased pon red 1 re e
ease n ormat on
r ease appro mont I
r ease appro mont I
Purchaser agrees to urchase the goo s an services escrl e a ove on
ages through inclu Eng this one accor ance tth the
D on the ne t age inciu ing ut not II ite to the Pay ent
Default an ecurity nterest rovisions his ro osal is only an offer to
urchase an is not in ing u on the LL until acce to y the LL
in riting LL P D PL D
D L D L D L D
P L P P P D
D 0 LL LL L L
LD
Seller A epted or
Pr nt ame
tle ate Ile
outh ast • alt La e ity tah •
Classic. Innovative.
ate
PAGE 2 OF 2
D
TERMS AND CONDITIONS
SPACESAVER INTERMIJUNTAIN, LLC
Payment
• Merchandise will be invoiced upon delivery. If there is to be more than one delivery of merchandise, an invoice will be issued upon the first delivery.
Purchaser agrees to pay each invoice within ten days of the invoice date. No payment shall be withheld on any invoice because of partial delivery of
the entire order. Any security deposit is non-refundable. If payments are in default, seller shall have the option of declaring the remaining unpaid
purchase price due and payable and may elect to recover merchandise and take judgment for deficiency after public or private sale including interest,
collection costs and attorney fees.
Security Interest
• Purchaser hereby grants to Spacesaver Intermountain, LLC. a security interest in all merchandise sold under this order to secure full payment of the
purchase price and all other obligations of Purchaser under this agreement. A copy of this agreement may be filed a s a financing statement.
Purchaser's signature hereon authorizes Spacesaver Intermountain, LLC. to execute such financing statements on Purchaser's behalf as may be
required by the State.
Installation Date
(a) The Installation Date is agreed upon for the purpose of specifying delivery dates of merchandise ordered from manufactures. Although Spacesaver
Intermountain, LLC. will use its best efforts to expedite timely delivery, it cannot guarantee that merchandise will arrive from manufacturers a
specified, and Spacesaver Intermountain, LLC. shall not be liable for ordered merchandise not arriving timely.
(b) Purchaser shall provide or pay for all storage of ordered merchandise necessary atter the installation date, and tor all costs of moving such
merchandise to and from storage after the installation date.
Installation Terms
• Delivery and Installation shall be made by Spacesaver Intermountain, LLC. Personnel, or its subcontractor, during normal; working hours or at other
hours by special arrangement. Purchaser shall pay additional labor costs resulting from off -hour or overtime work performed at Purchaser's request or
from required use of labor other than Spacesaver Intermountain, LLC. personnel or its authorized subcontractor. Purchaser shall provide, at
Purchaser's cost, electricity, heat, hoisting and elevator service and adequate facilities for off loading, staging, moving and handling of merchandise.
The job site shall be clean and free of obstruction for installation. Purchaser shall pay any special packaging or handling costs not contained in the
specifications.
Insurance and Risk of Loss
•
AU risk of loss shall pass from Spacesaver Intermountain, LLC. to Purchaser upon delivery of merchandise to Purchaser or upon delivery of
merchandise into storage for the account of Purchaser after the Installation date, whichever comes first. For the purposes of this paragraph 5 only, the
term "merchandise" shall include any property owned by or under the control of HB delivered to or for the benefit of Purchaser, whether purchased by
Purchaser or delivered to Purchaser on approval. Purchaser shall carry fire and casualty Insurance in an amount sufficient to insure the value of the
merchandise at the delivery site or at the storage site.
Taxes and Freight
Prices do not include any applicable sales, use excise, or other tax which, if applicable, Purchaser shall pay and which shall be added to the sales
prices at time of invoicing. Purchasers exempt from taxes shall furnish certificates of exemption upon execution of this agreement. Freight charges are
F.O.B. job site unless otherwise indicated.
Cancellation and Changes
• This agreement, once executed by Spacesaver Intermountain, LLC. and Purchaser, cannot be cancelled or modifies except by a writing signed by
both the parties. Changes made in the agreement which result in increased charges shall be for the account of the Purchaser. In the event
Spacesaver Intermountain, LLC. agrees to a retum, a cancellation fee equal to 40% of the purchase price will be assessed. No storage products or
other specially ordered items can be cancelled or returned after the manufacturer begins the production. Prices and quantities of wall, window and
floor coverings and other items measured from blue prints or other items measured from blue prints or otherwise estimated are subject to change
upon field measurement at the expense of Purchaser.
Warranties and Claims
(a) Spacesaver Intermountain, LLC. warrants for a period of one year from delivery that the merchandise id free from defects in workmanship and
' materials, and that it will repair or replace defective merchandise, at its costs, within a reasonable time, subject to availability of replacement
merchandise. No other warranties express or implied are granted hereunder. No warranty in addition to the foregoing expressed warranties, whether
express or implied, made by any employee or agent of Spacesaver Intermountain, LLC. shall be valid unless reduced to writing and signed by an
officer of Spacesaver Intermountain, LLC.. TO THE EXTENT ALLOWED BY LAW, ANY IMLIED WARRANTY, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, IS LIMITED TO THE PERIOD OF ONE YEAR FROM THE DATE OF
DELIVERY.
(b) Purchaser shall inspect the merchandise upon delivery. Acceptance of delivery constitutes acceptance of the merchandise as delivered. Any warranty
claims for latent defects not discoverable upon reasonable inspection must be made in writing within the warranty period.
Default, Interest and Fees
• Purchaser shall pay interest at the rate of 18% per annum on all payments in default, and shall pay all reasonable costs, expenses and attomeys' fees
incurred by Spacesaver Intermountain, LLC. in enforcing the terms of this agreement.
Entire Agreement; Controlling Law
• This agreement constitutes the entire agreement between the parties. Purchaser is relying solely upon the terms of this agreement, and not upon any
oral or written statements, whether of Spacesaver Intermountain, LLC., its officers, employees or agents, of any manufacturer, or any other person
whatsoever in entering into this agreement. This agreement shall be interpreted and enforced under the laws of the State of Utah
I have read and accepted these terms and conditions:
H95 3/4"
95 3/4"x36" d12"
8 114"I
9 3/41
9 3/41
9 3/44
9 3/44 95 3/4"
9 3/4
9 3/4"f
9 3/4"
U1
H93 9116"
86 3/4'x36" d24"
11 114"
93/4'
9 3/4"
9 3144
• 86 314"
9 3/4 93 9118'
9 3/41
9 3/44
9 3/41
B 13/16" V
SPACESAVER
INTERMOUNTAIN.,..
1310"
Workbench
N
...%),"A
•> > > > w
1/
N N N N Approximately
s�
4
> > > > 42" Isle
N N
3'0"
3'0"
3'0"
ls�:�i.',�r..:.<.-",:�:::,^;2t'rFtY�:t�,i:.�.-;;:aru.;.t:.:ts.•::wr::c:.:.�... �;�.�....�_ .::.�w-'�x�
System Weight Summary RopoR
Tar mods might
Total sgt4penent weight
Totat aisle weight (15 bedr)
Total system (meds. op4pmaed and ebb) wobld
Total FaoI.Prtrd era
Tar wegls load per spore foal (svg enol load)
MOS bad (ins Iced" ender front nal
Weight bad Pro bad, under book alai
nine Land eatadations do not Include Do weight d Row. Ramp. a Malas.
v sr..;;:z,-ke�te�:.s-`x-x�.:���:�:-�a�r,�n.�;r.::r:,r�.;.�a:�;a�r_� uak.nrskw�•«:�;��eti+.�+
15.294.50 b
4.725.12 mo
1,095.82 eo
22.11554 titx i
157.03 ft'
13243 015'
9.43530 be 2.439.39 WM
9203.50 De 2.375.55 5.14
t sT '• v �wd;ti iratr
Linear Filing Inches
items not assigned to a Position
Actual LFI 7,446"
Nominal LFI 7,884"
® Include Existing
...•.�t":��;-+c�:r7:i•Y �"�ks7b"?L:l•,:•r{flT.:.1i .k:
\"Project Name:
Eagle City
Hall Room
117Opt A
9'8"
Lta
1:49
a
0
U
w
Project #:
00915 APPROVAL
This drawing Approved By: of.
Drawn by:
Sherry
O
Date Printed: Dater'
01/31/2006
Scale Rev level:
1:49
Ai
Copyright 0 2004Spacesaver Corporation. This material is proprietary and confidential, and the disclosure reproduction by photography, film, blueprint or otherwise or incorporation into any
information retrieval system without first receiving written approval from Spacesaver Corporation is expressly prohibited by law.
STATEMENT OF WARRANTY
SPACESAVER HAS AN EMPHASIS ON CUSTOMER SATISFACTION AND CONTINUOUS
IMPROVEMENT. THE STATEMENT OF WARRANTY IS OUR CONTINUED COMMITMENT THAT
SPACESAVER IS DEDICATED TO SERVING OUR CUSTOMERS.
LIFETIME LIMITED WARRANTY
Subject to the conditions stated below, Spacesaver Corporation ("Spacesaver") warrants to the original
purchaser exclusively that the shelving and mobile carriages ("structural frames") manufactured by it will be free
from defects in materials and workmanship for the lifetime of the structural frames. For the purposes of this
warranty, structural frames shall be deemed to exclude all moving parts, controls and guides that have immediate
contact with any moving parts.
10 -YEAR LIMITED WARRANTY
Spacesaver also warrants that all carriage drive motors*, shall be free from defects in materials and workmanship
for ten (10) years from the date of the customer's written acceptance of installation. During the 10 -year warranty
period, all parts are included at no cost for 10 years. Labor is included at no cost during the first year of the 10 -
year warranty period. After the first year, all labor will be charged at the current rate.
5 -YEAR LIMITED WARRANTY
Spacesaver also warrants that all equipment, other than structural frames and carriage drive motors*, shall be
free from defects in materials and workmanship for five (5) years from the date of the customer's written
acceptance of installation. During the 5 -year warranty period, all parts are included at no cost for 5 years. Labor
is included at no cost during the first year of the 5 -year warranty period. After the first year all labor will be
charged at the current rate.
*Standard profile unit -welded carriages only. Refer to Warranty for Mobile Rack Systems.
If any warranted equipment shall be proved to Spacesaver's satisfaction to be defective, such equipment shall
be repaired or replaced at the option of Spacesaver. All warranty service for any equipment manufactured by
Spacesaver must be performed by an authorized Spacesaver factory representative. This warranty shall be void
if any portion of the purchase price shall be due but unpaid in accordance with the terms pursuant to which the
equipment was sold. This warranty shall not apply to equipment repaired by any party other than an authorized
Spacesaver factory representative or to defects or damage caused by (a) acts of God or other circumstances
beyond Spacesaver's control, (b) improper installation (unless installation was by authorized factory installer), (c)
improper electrical supply or environmental conditions, (d) improper operation, maintenance or storage, or (e)
other than normal use or service. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE,
SPACESAVER MAKES NO WARRANTIES, IMPLIED OR OTHERWISE, AND SPACESAVER SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
LIMITATION OF LIABILITY
Repair or replacement of any defective equipment, or refund of the purchase price paid by the customer in the
event Spacesaver determines such equipment cannot be repaired or replaced, shall be the customers exclusive
remedy for breach of the warranty for product defects, however caused, and in no case shall Spacesaver be
liable for incidental, consequential, special or other damages, or loss of profits or revenues whether as a result
of breach of contract or warranty, Spacesaver's negligence, or otherwise. Spacesaver shall have no liability for
any advice or assistance rendered by any party outside the scope of Spacesaver's written specifications for the
manufacture, operation or maintenance of the warranted equipment. Original installation must be performed by
Spacesaver trained and certified installers.
Spacesaver
REV. 3/05
800-492-3434 www.spacesaver.com email: ssc@spacesaver.com
Warranties - Pagel
STATEMENT OF WARRANTY
Mobile Rack Systems
SPACESAVER HAS AN EMPHASIS ON CUSTOMER SATISFACTION AND CONTINUOUS
IMPROVEMENT. THE STATEMENT OF WARRANTY IS OUR CONTINUED COMMITMENT THAT
SPACESAVER IS DEDICATED TO SERVING OUR CUSTOMERS.
LIFETIME LIMITED WARRANTY
Subject to the conditions stated below, Spacesaver Corporation ("Spacesaver") warrants to the original
purchaser exclusively that the mobile carriages ("structural frames") manufactured by it will be free from defects
in materials and workmanship for the lifetime of the structural frames. For the purposes of this warranty,
structural frames shall be deemed to exclude all moving parts, controls and guides that have immediate contact
with any moving parts.
5 -YEAR LIMITED WARRANTY
Spacesaver also warrants that all equipment, other than structural frames shall be free from defects in materials
and workmanship for five (5) years from the date of the customer's written acceptance of installation. During the
5 -year warranty period, all parts are included at no cost for 5 years. Labor is included at no cost during the first
year of the 5 -year warranty period. After the first year all labor will be charged at the current rate.
If any warranted equipment shall be proved to Spacesaver's satisfaction to be defective, such equipment shall
be repaired or replaced at the option of Spacesaver. All warranty service for any equipment manufactured by
Spacesaver must be performed by an authorized Spacesaver factory representative. This warranty shall be void
if any portion of the purchase price shall be due but unpaid in accordance with the terms pursuant to which the
equipment was sold. This warranty shall not apply to equipment repaired by any party other than an authorized
Spacesaver factory representative or to defects or damage caused by (a) acts of God or other circumstances
beyond Spacesaver's control, (b) improper installation (unless installation was by authorized factory installer), (c)
improper electrical supply or environmental conditions, (d) improper operation, maintenance or storage, or (e)
other than normal use or service. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE,
SPACESAVER MAKES NO WARRANTIES, IMPLIED OR OTHERWISE, AND SPACESAVER SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
LIMITATION OF LIABILITY
Repair or replacement of any defective equipment, or refund of the purchase price paid by the customer in the
event Spacesaver determines such equipment cannot be repaired or replaced, shall be the customers exclusive
remedy for breach of the warranty for product defects, however caused, and in no case shall Spacesaver be
liable for incidental, consequential, special or other damages, or loss of profits or revenues whether as a result
of breach of contract or warranty, Spacesaver's negligence, or otherwise. Spacesaver shall have no liability for
any advice or assistance rendered by any party outside the scope of Spacesaver's written specifications for the
manufacture, operation or maintenance of the warranted equipment. Original installation must be performed by
Spacesaver trained and certified installers.
Spacesaver
800-492-3434 www.spacesaver.com email: ssc@spacesaver.com
REV. 3/05 Warranties - Page 2
STATEMENT OF WARRANTY
Rotary Storage
SPACESAVER HAS AN EMPHASIS ON CUSTOMER SATISFACTION AND CONTINUOUS
IMPROVEMENT. THE STATEMENT OF WARRANTY IS OUR CONTINUED COMMITMENT THAT
SPACESAVER IS DEDICATED TO SERVING OUR CUSTOMERS.
LIFETIME WARRANTY STATEMENT
In addition to the above, Spacesaver Corporation warrants that the rotation surfaces of each Spacesaver Rotary
Storage cabinet will last a Lifetime. Lifetime is defined as "for as long as you own" your cabinet. If any rotation
surface is determined by Spacesaver to be defective in materials and workmanship during the warranty period
then the necessary part or component will be replaced, freight included, labor being excluded.
10 -YEAR WARRANTY
In addition to the above, Spacesaver Corporation warrants that all Spacesaver Rotary Storage mechanical or
structural parts and components of each assembled base will be free from defects in materials and workmanship
for a period of ten years following the shipment date. If any covered part or component of any assembled base
is determined by Spacesaver to be defective during this time period then that part or component will be repaired
or replaced without charge, including freight, labor being excluded.
5 -YEAR WARRANTY
Spacesaver Corporation warrants that all Spacesaver Rotary Storage mechanical or structural parts and
components will be free from defects in materials and workmanship for a period of five years following the
shipment date. If any covered part or component is determined by Spacesaver to be defective during this time
period then that part or component will be repaired or replaced without charge, freight and labor included.
WARRANTY PROVISIONS
Each of the above Warranty Statements applies to the original purchaser of the product provided that
Spacesaver, or an authorized Spacesaver Area Contractor, is notified in writing that a problem exists and either
Spacesaver or an authorized Spacesaver Area Contractor performs the repair or replacement.
Spacesaver Corporation's responsibility under this warranty is limited to the repair or replacement of said parts
or components provided that they are still in the possession of the original owner and that they are operating
under normal usage and are properly maintained as determined by Spacesaver. Equipment damaged by
exposure to corrosive or abrasive substances, misuse, neglect, alterations, accident, abuse, damage by fire,
flood or other similar causality are excluded from this and all other warranty provisions. Further, labor expenses
not directly related to the repair or replacement or said parts or components are specifically excluded from this
warranty.
These Warranty Statements and Warranty Provisions are the complete warranty provisions for Spacesaver
Rotary Storage cabinets. These Warranty Statements and Warranty provisions are in lieu of all other
warranties, expressed or implied. No course of prior dealings with Spacesaver Corporation, Authorized Area
Contractors, or trade usage shall be relevant to supplement or explain any item or term.
Spacesaver
REV. 3/05
800-492-3434 www.spacesaver.com email: ssc@spacesaver.com
Warranties - Page 3
STATEMENT OF WARRANTY
Activestor®
SPACESAVER® HAS AN EMPHASIS ON CUSTOMER SATISFACTION AND CONTINUOUS
IMPROVEMENT. THE STATEMENT OF WARRANTY IS OUR CONTINUED COMMITMENT THAT
SPACESAVER IS DEDICATED TO SERVING OUR CUSTOMERS.
LIFETIME WARRANTY STATEMENT
This Spacesaver warranty is given to the initial purchaser and is valid as long as the initial purchaser owns the
product. The warranty, which runs from the date of shipment, covers defects in materials and craftsmanship
found during normal usage of the product during the warranty period. If the product is defective, and if written
notice of the defect is given to Spacesaver within the applicable warranty period, Spacesaver, at its option, will
either repair or replace the defective product with a comparable component or product. This Lifetime Warranty
is applicable to all Spacesaver ActiveStor® products except as listed below.
10 -YEAR WARRANTY
This Spacesaver warranty is given to the initial purchaser and is valid as long as the initial purchaser owns the
product. The warranty, which runs from the date of shipment, covers defects in materials and craftsmanship
found during normal usage of the product during the warranty period. If the product is defective, and if written
notice of the defect is given to Spacesaver within the applicable warranty period, Spacesaver, at its option, will
either repair or replace the defective product with a comparable component or product. This 10 -Year Warranty
is applicable to all Lateral File drawer slides.
WARRANTY PROVISIONS
Warranty does not apply to damage caused by a carrier, or alteration to the product not expressly authorized by
Spacesaver. It also does not apply to °Customer's Own Goods/Material° (i.e., goods/material specified by the
customer that is not standard Spacesaver product offering) used in the manufacture of, or in conjunction with,
Spacesaver products. Spacesaver does not warrant the matching of color, grain, or texture except to within
commercially accepted standards. A product will not be considered defective and Spacesaver will not be
obligated to replace it, if that product is subject to any of Spacesaver's written planning, installation or user
guides, and is not installed or used as recommended therein.
10°
Sp
800-492-3434 www.spacesaver.com email: ssc@spacesaver.com
REV. 3/05 Warranties - Page 4
STATEMENT OF WARRANTY
Weapon Racks
SPACESAVER® HAS AN EMPHASIS ON CUSTOMER SATISFACTION AND CONTINUOUS
IMPROVEMENT. THE STATEMENT OF WARRANTY IS OUR CONTINUED COMMITMENT THAT
SPACESAVER IS DEDICATED TO SERVING OUR CUSTOMERS.
LIFETIME LIMITED WARRANTY
Subject to the conditions stated below, Spacesaver Corporation ("Spacesaver") warrants to the original
purchaser exclusively that the weapon racks ("structural frames") manufactured by it will be free from defects in
materials and workmanship for the lifetime of the structural frames. For the purposes of this warranty, structural
frames shall be deemed to exclude ail moving parts (doors, slides, hinges, and lock mechanism), removable
accessories and vinyl coating.
5 -YEAR LIMITED WARRANTY
Spacesaver also warrants that all equipment, other than structural frames, shall be free from defects in materials
and workmanship for five (5) years from the date of the customer's written acceptance of installation. During the
5 -year warranty period, all parts are included at no cost for 5 years. Labor is included at no cost during the first
year of the 5 -year warranty period. After the first year of the 5 -year warranty, all labor will be charged at the
current rate.
If any warranted equipment shall be proved to Spacesaver's satisfaction to be defective, such equipment shall
be repaired or replaced at the option of Spacesaver. All warranty service for any equipment manufactured by
Spacesaver must be performed by an authorized Spacesaver factory representative. This warranty shall be void
if any portion of the purchase price shall be due but unpaid in accordance with the terms pursuant to which the
equipment was sold. This warranty shall not apply to equipment repaired by any party other than an authorized
Spacesaver factory representative or to defects or damage caused by (a) acts of God or other circumstances
beyond Spacesaver's control, (b) improper installation (unless installation was by authorized factory installer), (c)
improper environmental conditions, (d) improper operation, maintenance or storage, or (e) other than normal use
or service. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, SPACESAVER MAKES NO
WARRANTIES, IMPLIED OR OTHERWISE, AND SPACESAVER SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY
Repair or replacement of any defective equipment, or refund of the purchase price paid by the customer in the
event Spacesaver determines such equipment cannot be repaired or replaced, shall be the customer's exclusive
remedy for breach of the warranty for product defects, however caused, and in no case shall Spacesaver be
liable for incidental, consequential, special or other damages, or loss of profits or revenues whether as a result
of breach of contract or warranty, Spacesaver's negligence, or otherwise. Spacesaver shall have no liability for
any advice or assistance rendered by any party outside the scope of Spacesaver's written specifications for the
manufacture, operation or maintenance of the warranted equipment.
Spacesaver
REV. 3/05
800-492-3434 www.spacesaver.com email: ssc@spacesaver.com
Warranties - Page 5
TERMS AND CONDITIONS
HOW TO ORDER
Orders may be placed by authorized Spacesaver Area Contractors, Distributors and Dealers.
E -Mail: mobile_shelving@spacesaver.com Mail: Spacesaver Corporation
shelving@spacesaver.com Attn: Storage Products Order Entry
quickship@spacesaver.com 1450 Janesville Ave
storage @ spacesaver.com Fort Atkinson WI 53538-2798
estore@spacesaver.com Phone/Fax: Phone: 1-920-563-6362
Fax: 1-920-563-0744
All orders must show quantity, catalog number, description, color, system drawings and customer purchase order
number(s). Spacesaver does not assume responsibility for errors on orders not submitted in approved software format.
ACKNOWLEDGEMENT
Spacesaver will issue a written Order Acknowledgement for each order accepted. Scheduled ship dates are stated
on Acknowledgements. All orders are considered correct as acknowledged. Order changes may affect promised
dates! Customer should review Acknowledgement promptly and notify Spacesaver of any error.
ORDER CHANGES / CANCELLATION
Order changes/cancellations must be confirmed to Spacesaver in writing. Spacesaver will issue a new Order
Acknowledgement for each change (see Acknowledgement). Lead-time may be changed by Spacesaver if necessary
to accommodate order changes.
Acknowledged orders will be changed without penalty prior to their production. If canceled, a fee of $500 net will be
assessed. If production has begun, the following conditions apply:
• Custom product orders cannot be cancelled if production has begun, and
• Custom color orders cannot be cancelled if painted, and
• Customer must compensate Spacesaver for special parts or material purchased by Spacesaver to produce an order.
• If an order reaches production and product is manufactured, the product may be returned in accordance with the
Spacesaver RGA policy.
SHIPMENT TERMS
All orders will be shipped F.O.B. shipping point. Method of shipment will be determined by purchaser, and sent with
the freight company indicated on order with freight charged collect.
• Special carrier or special delivery arrangements can be accommodated and should be requested in writing as
part of the order information.
• Special packaging costs, such as pallets, will be purchaser's responsibility. Orders requesting customer pickup
will be accepted, however
• Spacesaver reserves the right to ship orders at customer expense, if customer fails to take product on the agreed date.
PAYMENT TERMS
1°/0 - 10 days; net 30 days. A .50% finance charge will be added on the 10th of the month to all unpaid balances over 30
days. A .50% finance charge will also be added on the 25th of the month to all unpaid balances over 45 days.
TAXES
Any manufacturer's sales or excise tax, or any other tax or government charge now or hereafter levied upon the
product, sale, use or shipment of goods shall, at the Company's option, be charged to the customer.
DAMAGED SHIPMENTS
Responsibility — Delivery to the carrier shall constitute delivery to the customer. Spacesavers' liability ends upon
delivery of the products to the carrier. Goods are shipped at the customer's risk. The customer shall make all claims
for product lost or damaged in transit.
Visible Damage — Should be noted on the freight bill and acknowledged by the driver's signature.
Concealed Damage — Notify the freight agent if concealed damage is found within 30 days of delivery. Request an
inspection. An inspection is necessary for filing a claim.*ActiveStor product damage claims must be reported within
15 days.
REV. 9/05
Warranties - Page 6
TERMS AND COND1T1ONS
RETURN SHIPMENTS
Retum goods must be authorized within 60 days of original shipment. Purchaser must have written authorization
from Spacesaver prior to any return in the form of Retum Goods Authorization form. Authorized retums must be
packaged properly using original cartons and include the Return Goods Authorization (RGA) form. Returns are to
be shipped with freight prepaid by the customer; all claims for product lost or damaged in transit shall be
made by the customer. All parts listed on the RGA must be complete and returned within 60 days of issue date
to receive credit. No credit will be given for items returned that were not included on the RGA form sent
from Spacesaver.
All returns are subject to a 25% restocking charge for items listed as Quickship Shelving product. All other
product retum requests will be reviewed by Spacesaver and if approved, subject to a 30% restocking charge.
Custom products items, including custom sizes, configurations and colors may not be returned. All returns are
subject to any reconditioning charges determined necessary by Spacesaver upon inspection of the retumed
goods. Returns for orders which received special pricing will be reviewed individually. For Warranty RGA
information, please refer to policy posted on SpaceNET.
PRICES
Prices in this price List supersede all previous prices and are in effect as of the date of this publication. Prices are
subject to change without notice.
NOT OFFER TO SELL
Possession of the Spacesaver price list is not to be construed as an offer to sell the products listed. Spacesaver
reserves the right to discontinue any item in this list without notice. Spacesaver reserves the right to change
material and design specifications at any time, and without obligation to make corresponding changes in products
manufactured previously.
WARRANTY / SUMMARY
Spacesaver Corporation extends to the original purchaser from the date of purchase a 5 -year limited warranty
against manufacturing defect in material and workmanship. Refer to appropriate Statement of Warranty for
details.
If, during the warranty period, a Spacesaver product fails to perform because of a manufacturing defect,
Spacesaver will examine it. If found defective, it will be repaired or replaced at our option.
The warranty applies only to Spacesaver products acquired directly from Spacesaver Corporation or from
Authorized Spacesaver Area Contractors, Distributors and Dealers.
The warranty does not apply to any product which has been subject to misuse, negligence, or accident; has been
damaged in shipment, storage, or installation; has been misapplied, has been modified or repaired by
unauthorized persons or has been repaired with non-standard Spacesaver replacement parts. This warranty
specifically excludes claims for indirect, incidental, or consequential damages arising in any way from a product
defect. This warranty is exclusive, and exists in lieu of all other warranties, either expressed or implied.
This warranty gives you specific legal rights; you may also have other rights, which may vary from state to state.
To obtain warranty service, contact your Spacesaver Selling Dealer. You must make a written claim. Provide a
copy of your purchase record and a written description of the warranty problem with your claim. If you are unable
to contact your Dealer, contact: Spacesaver Corporation, Customer Service Manager, 1450 Janesville Ave., Fort
Atkinson, WI 53538. (920-563-6362) Contact Info: Any questions or issues related to this document please
contact your Customer Service Coordinator.
REV. 9/05 Warranties - Page 7
I
SPACESAVER INTERMOUNTAIN, L
.1 .',/ 1/e,,rt(,c•n Buller Avg,: Group
Page 1 of
PROPOSAL 28814
Date: 01/11/06
Proposal and Sales Agreement
Purchaser Delivery Location
• CITY OF EAGLE /CITY HALL CIT EAGLE/CITY HALL RM 123
ATTN: TRACY OSBORN A , N ,CY OSBORN
▪ 310 EAST STREET '74 dtis.' y DETERMINED.
EAGLE, ID 83616 ..,'N'44.0. LE, ID 83616
. CLIENT: 020615 . ACCOUNT MGR: JAY MADISON
# QTY PRODUCT DESCRIPTION SELL EXTENDED
EAGLE CITY HALL ROOM 123
2 1 SPACESAVER - 3 ea. 30"W X 4'L Mechanical 8,973.00 8,973.00
Assist Carriages
- 3 ea. 95 3/4"H X 48"W X 30"D
Double faced four post
sections.
- 1 ea. 95 3/4"H X 48"D X 15"D
Single face four post section.
- 2 ea. 10' 2" Length Anti -tip
rail.
- 1 ea. Floor and ramp
TOTAL PRICE INCLUDES PRODUCT,
FREIGHT, DELIVERY AND
INSTALLATION. PRICE INCLUDES
CLEANUP AND DISPOSAL.
249 South 400 East ^ Sett Lake City, Utah 84111 T801.363.5882 F801.359.4326
PAGE 1
# QTY PRODUCT DESCRIPTION
COMMENTS: SUBTOTAL
This proposal expires on
03/01/06
The deposit required on this proposal is
PROPOSAL 28814
SELL EXTENDED
8,973.00
TOTAL 8,973.00
unless written acceptance is received by SELLER on or before 5 p.m. that date.
4,486.00
Payment Terms: 5096 down, 4096 when product ships,
1096 upon job completion
HB reserves the right to modify payment terms based upon credit review.
Lease Information
3 yr. Lease, approx. $ AXt____
5 yr. Lease, approx. $ N £ monthly
Seller
Title: Date:
Purchaser agrees to purchase the goods and services described above on
pages 1 through , including this one. accordance with the TERMS AND
CONDITIONS on the next page. including but not limited to the 'Payment'.
'Default and 'Security Interest' provisions. This proposal is only an offer to
purchase. and is not binding upon the SELLER until accepted by the SELLER
in writing. ALL EXPRESS AND IMPLIED WARRANTIES ARE HEREBY
DISCLAIMED INCLUDING WARRANTIES OR MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS SET FOR UNDER
'TERMS AND CONDITIONS'. SELLER SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL DAMAGES.
Accepted For: C.,,IMlam[ 4e.
By:
Print ame:
Title. filiArA.
249 South 400 East • Salt Lake City, Utah 84111 • T801.363.5882 F801.359.4326
Classic. Innovative.
Date:
PAGE 2 OF 2
.f I
TERMS AND CONDITIONS
SPACESAVER INTERMOUNTAIN, LLC
Payment
• Merchandise will be invoiced upon delivery. If there is to be more than one delivery of merchandise, an invoice will be issued upon the first delivery.
Purchaser agrees to pay each invoice within ten days of the invoice date. No payment shall be withheld on any invoice because of partial delivery of
the entire order. Any security deposit is non-refundable. If payments are in default, seller shall have the option of declaring the remaining unpaid
purchase price due and payable and may elect to recover merchandise and take judgment for deficiency after public or private sate including interest,
collection costs and attorney fees.
Security Interest
• Purchaser hereby grants to Spacesaver Intermountain, LLC. a security interest in all merchandise sold under this order to secure full payment of the
purchase price and alt other obligations of Purchaser under this agreement. A copy of this agreement may be filed a s a financing statement.
Purchaser's signature hereon authorizes Spacesaver Intermountain, LLC. to execute such financing statements on Purchaser's behalf as may be
required by the State.
Installation Date
(a) The Installation Date is agreed upon for the purpose of specifying delivery dates of merchandise ordered from manufactures. Although Spacesaver
Intermountain, LLC. will use its best efforts to expedite timely delivery, it cannot guarantee that merchandise will arrive from manufacturers a
specified, and Spacesaver Intermountain, LLC. shall not be Liable for ordered merchandise not arriving timely.
(b) Purchaser shall provide or pay for all storage of ordered merchandise necessary after the installation date, and for all costs of moving such
merchandise to and from storage after the installation date.
Installation Terms
• Delivery and Installation shall be made by Spacesaver Intermountain, LLC. Personnel, or its subcontractor, during normal; working hours or at other
hours by special arrangement. Purchaser shall pay additional labor costs resulting from off -hour or overtime work performed at Purchaser's request or
from required use of labor other than Spacesaver Intermountain, LLC. personnel or its authorized subcontractor. Purchaser shall provide, at
Purchaser's cost, electricity, heat, hoisting and elevator service and adequate facilities for off loading, staging, moving and handling of merchandise.
The job site shall be clean and free of obstruction for installation. Purchaser shall pay any special packaging or handling costs not contained in the
specifications.
Insurance and Risk of Loss
• All risk of loss shall pass from Spacesaver Intermountain, LLC. to Purchaser upon delivery of merchandise to Purchaser or upon delivery of
merchandise into storage for the account of Purchaser after the Installation date, whichever comes first. For the purposes of this paragraph 5 only, the
term "merchandise" shall include any property owned by or under the control of HB delivered to or for the benefit of Purchaser, whether purchased by
Purchaser or delivered to Purchaser on approval. Purchaser shall carry fire and casualty insurance in an amount sufficient to insure the value of the
merchandise at the delivery site or at the storage site.
Taxes and Freight
• Prices do not include any applicable sales, use excise, or other tax which, if applicable, Purchaser shall pay and which shall be added to the sales
prices at time of invoicing. Purchasers exempt from taxes shall fumish certificates of exemption upon execution of this agreement. Freight charges are
F.O.B. job site unless otherwise indicated.
Cancellation and Changes
• This agreement, once executed by Spacesaver Intermountain, LLC. and Purchaser, cannot be cancelled or modifies except by a writing signed by
both the parties. Changes made in the agreement which result in increased charges shall be for the account of the Purchaser. In the event
Spacesaver Intermountain, LLC. agrees to a return, a cancellation fee equal to 40% of the purchase price will be assessed. No storage products or
other specially ordered items can be cancelled or retumed after the manufacturer begins the production. Prices and quantities of wall, window and
floor coverings and other items measured from blue prints or other items measured from blue prints or otherwise estimated are subject to change
upon field measurement at the expense of Purchaser.
Warranties and Claims
(a) Spacesaver Intermountain, LLC. warrants for a period of one year from delivery that the merchandise id free from defects in workmanship and
materials, and that it will repair or replace defective merchandise, at its costs, within a reasonable time, subject to availability of replacement
merchandise. No other warranties express or implied are granted hereunder. No warranty in addition to the foregoing expressed warranties, whether
express or implied, made by any employee or agent of Spacesaver tntemmountain, LLC. shall be valid unless reduced to writing and signed by an
officer of Spacesaver Intermountain, LLC.. TO THE EXTENT ALLOWED BY LAW, ANY IMLIED WARRANTY, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, IS LIMITED TO THE PERIOD OF ONE YEAR FROM THE DATE OF
DELIVERY.
(b) Purchaser shall inspect the merchandise upon delivery. Acceptance of delivery constitutes acceptance of the merchandise as delivered. Any warranty
claims for latent defects not discoverable upon reasonable inspection must be made in writing within the warranty period.
Default, Interest and Fees
• Purchaser shall pay interest at the rate of 18% per annum on all payments in default, and shall pay all reasonable costs, expenses and attorneys' fees
incurred by Spacesaver Intermountain, LLC. in enforcing the terms of this agreement.
Entire Agreement; Controlling Law
• This agreement constitutes the entire agreement between the parties. Purchaser is relying solely upon the terms of this agreement, and not upon any
oral or written statements, whether of Spacesaver Intermountain, LLC., its officers, employees or agents, of any manufacturer, or any other person
whatsoever in entering into this agreement. This agreement shall be interpreted and enforced under the laws of the State of Utah
I have read and accepted these terms and conditions:
SPACESAVER INTERMOUNTAIN, L.t_c
.1 •lirisi„rr r,l llt•,rrid wir Butler 1)r‘rti,r
PROPOSAL 28815
Page 1 of Date: 01 /31/06
Proposal and Sales Agreement
Purchaser Delivery Location
• CITY OF EAGLE /CITY HALL CITY OF EA ITY HALL ROOM 117
ATTN: TRACY OSBORN ATTN: T'� SRN
. 310 EAST STREET . TO BE NED
EAGLE, ID 83616 EA 83616
• CLIENT: 020615
# QTY PRODUCT DESCRIPTION
EAGLE CITY HALL ROOM 117
. ACCOUNT MGR: JAY MADISON
SELL EXTENDED
2 1 SPACESAVER - 4 ea. 24"W X 9'L Mechanical 13,829.00 13,829.00
Assist Carriages
- 12 ea. 95 3/4"H X 36"W X 24"D
Double faced four post
sections.
- 95"H X 36"W 12"D Single faced
four post sections.
- 12' 6" Length Anti -tip B
rail.
- 1 ea. Floor and ramp
TOTAL PRICE INCLUDES PRODUCT,
DELIVERY, FREIGHT AND
INSTALLATION. PRICE INCLUDES
CLEANUP AND DISPOSAL.
PAGE 1
249 South 400 East - Sett Lake City, Utah 84111 • T801.363.5882 F801.359.4326
QTY PRODUCT DESCRIPTION
COMMENTS :
This proposal expires on 03/01/06
SUBTOTAL • 13,829.00
PROPOSAL 28815
SELL EXTENDED
TOTAL 13,829.00
unless written acceptance is received by SELLER on or before 5 p.m. that date.
The deposit required on this proposal is 6,914.00
Payment Terms: 50% down, 40% when product ships,
10% upon job completion
HB reserves the right to modify payment terms based upon credit review.
Lease Information
3 yr. Lease, approx. $ k monthly
5 yr. Lease, approx. $ t monthly
Seller
Title: Date:
Purchaser agrees to purchase the goods and services described above on
pages 1 through , including this one. accordance with the TERMS AND
CONDITIONS on the next page, including but not limited to the 'Payment'.
'Default' and 'Security Interest' provisions. This proposal is only an offer to
purchase, and is not binding upon the SELLER until accepted by the SELLER
in writing. ALL EXPRESS AND IMPLIED WARRANTIES ARE HEREBY
DISCLAIMED INCLUDING WARRANTIES OR MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS SET FOR UNDER
"TERMS AND CONDITIONS". SELLER SHALL NOT BE LIABLE FOR ANY
CONSEQUENTIAL DAMAGES.
Accepted For:(,rtJ 0- �U.N 1,.
By:
Print Name:
I �. ('xs4-t'ayl
Title: V CL f �'t4 Date:
249 South 400 East • Salt Lake City, Utah 84111 • T801.363.5882 F801.359.4326
Classic. Innovative.
PAGE 2 OF 2
TERMS AND CONDITIONS
SPACESAVER INTERMOUNTAIN, LLC
Payment
• Merchandise will be invoiced upon delivery. If there is to be more than one delivery of merchandise, an invoice will be issued upon the first delivery.
Purchaser agrees to pay each invoice within ten days of the invoice date. No payment shall be withheld on any invoice because of partial delivery of
the entire order. Any security deposit is non-refundable. If payments are in default, seller shall have the option of declaring the remaining unpaid
purchase price due and payable and may elect to recover merchandise and take judgment for deficiency after public or private sale including interest,
collection costs and attorney fees.
Security Interest
• Purchaser hereby grants to Spacesaver Intermountain, LLC. a security interest in all merchandise sold under this order to secure full payment of the
purchase price and all other obligations of Purchaser under this agreement. A copy of this agreement may be filed a s a financing statement.
Purchaser's signature hereon authorizes Spacesaver Intermountain, LLC. to execute such financing statements on Purchaser's behalf as may be
required by the State.
Installation Date
(a) The Installation Date is agreed upon for the purpose of specifying delivery dates of merchandise ordered from manufactures. Although Spacesaver
Intermountain, LLC. will use its best efforts to expedite timely delivery, it cannot guarantee that merchandise will arrive from manufacturers a
specified, and Spacesaver Intermountain, LLC. shall not be liable for ordered merchandise not arriving timely.
(b) Purchaser shall provide or pay for all storage of ordered merchandise necessary after the installation date, and for all costs of moving such
merchandise to and from storage after the installation date.
Installation Terms
• Delivery and Installation shall be made by Spacesaver Intermountain, LLC. Personnel, or its subcontractor, during normal; working hours or at other
hours by special arrangement. Purchaser shall pay additional labor costs resulting from off -hour or overtime work performed at Purchaser's request or
from required use of labor other than Spacesaver Intermountain, LLC. personnel or its authorized subcontractor. Purchaser shall provide, at
Purchaser's cost, electricity, heat, hoisting and elevator service and adequate facilities for off loading, staging, moving and handling of merchandise.
The job site shall be clean and free of obstruction for installation. Purchaser shall pay any special packaging or handling costs not contained in the
specifications.
Insurance and Risk of Loss
• All risk of loss shall pass from Spacesaver Intermountain, LLC. to Purchaser upon delivery of merchandise to Purchaser or upon delivery of
merchandise into storage for the account of Purchaser after the Installation date, whichever comes first. For the purposes of this paragraph 5 only, the
term "merchandise" shall include any property owned by or under the control of HB delivered to or for the benefit of Purchaser, whether purchased by
Purchaser or delivered to Purchaser on approval. Purchaser shall carry fire and casualty insurance in an amount sufficient to insure the value of the
merchandise at the delivery site or at the storage site.
Taxes and Freight
• Prices do not include any applicable sales, use excise, or other tax which, if applicable, Purchaser shall pay and which shall be added to the sales
prices at time of invoicing. Purchasers exempt from taxes shall furnish certificates of exemption upon execution of this agreement. Freight charges are
F.O.B. job site unless otherwise indicated.
Cancellation and Changes
• This agreement, once executed by Spacesaver Intermountain, LLC. and Purchaser, cannot be cancelled or modifies except by a writing signed by
both the parties. Changes made in the agreement which result in increased charges shall be for the account of the Purchaser. In the event
Spacesaver Intermountain, LLC. agrees to a return, a cancellation fee equal to 40% of the purchase price will be assessed. No storage products or
other specially ordered items can be cancelled or returned after the manufacturer begins the production. Prices and quantities of wall, window and
floor coverings and other items measured from blue prints or other items measured from blue prints or otherwise estimated are subject to change
upon field measurement at the expense of Purchaser.
Warranties and Claims
(a) Spacesaver tntermountain, LLC. warrants for a period of one year from delivery that the merchandise id free from defects in workmanship and
materials, and that it will repair or replace defective merchandise, at its costs, within a reasonable time, subject to availability of replacement
merchandise. No other warranties express or implied are granted hereunder. No warranty in addition to the foregoing expressed warranties, whether
express or implied, made by any employee or agent of Spacesaver Intermountain, LLC. shall be valid unless reduced to writing and signed by an
officer of Spacesaver Intermountain, LLC.. TO THE EXTENT ALLOWED BY LAW, ANY IMLIED WARRANTY, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, IS LIMITED TO THE PERIOD OF ONE YEAR FROM THE DATE OF
DELIVERY.
(b) Purchaser shall inspect the merchandise upon delivery. Acceptance of delivery constitutes acceptance of the merchandise as delivered. Any warranty
claims for latent defects not discoverable upon reasonable inspection must be made in writing within the warranty period.
Default, Interest and Fees
• Purchaser shall pay interest at the rate of 18% per annum on all payments in default, and shall pay all reasonable costs, expenses and attorneys' fees
incurred by Spacesaver Intermountain, LLC. in enforcing the terms of this agreement.
Entire Agreement; Controlling Law
• This agreement constitutes the entire agreement between the parties. Purchaser is relying solely upon the terms of this agreement, and not upon any
oral or written statements, whether of Spacesaver Intermountain, LLC., its officers, employees or agents, of any manufacturer, or any other person
whatsoever in entering into this agreement. This agreement shall be interpreted and enforced under the laws of the State of Utah
I have read and accepted these terms and conditions: