HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-041 Amendment # 1 with Yamaha Motor for Golf CartsTemp. Reso. #TR 13767
March 31, 2022
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022 - d i 1
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AMENDMENT #1 OF
THE LEASE AGREEMENT WITH YAMAHA
MOTOR FINANCE CORPORATION, USA TO
EXTEND THE LEASE BY 12 MONTHS FOR 100
GOLF CARTS AND ONE (1) BEVERAGE CART;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct
municipal government, perform municipal functions, and render municipal service,
and exercise any power for municipal purposes, except when expressly prohibited
by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of
Tamarac empowers the City to adopt, amend, or repeal such ordinances and
resolutions as may be required for the proper governing of the City; and
WHEREAS, the City of Tamarac is a vibrant community that provides
exceptional recreational opportunities for its residents and visitors; and
WHEREAS, on August 8, 2018 the City Commission of the City of Tamarac
authorized the appropriate City Officials to execute a 42-month lease agreement,
included herein as Exhibit 1, with Yamaha Motor Finance Corporation, USA for
132747514.1
Temp. Reso. #TR 13767
March 31, 2022
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100 golf carts and one (1) beverage cart via Resolution R-2018-102 for use at the
City's Colony West Golf Club; and
WHEREAS, an important amenity for any successful golf course is golf carts
for use by patrons of the course; and
WHEREAS, Yamaha Motor Finance Corporation, USA has agreed to
extend the existing lease through Amendment #1 to the agreement, included
herein as Exhibit 2, from April 1, 2022 — April 1, 2023 at the same cost, with only
the term of the agreement changing; and
WHEREAS, the Director of Parks and Recreation and the Director of
Financial Services recommend the appropriate City officials be authorized to
execute Amendment #1 of the lease agreement with Yamaha Motor Finance
corporation, USA to extend the current lease by 12 months; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in
the best interests of the business owners, residents, and visitors of the City of
Tamarac to approve Amendment #1 of the lease agreement with Yamaha Motor
Finance corporation, USA to extend the current lease by 12 months; authorize the
appropriate City officials to execute Amendment #1 and expend budgeted funds in
furtherance of the approval of Amendment #1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing whereas clauses are ratified and confirmed as
being true and correct, are the legislative and administrative findings of the City
132747514.1
Temp. Reso. #TR 13767
March 31, 2022
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Commission and made a specific part of this Resolution; all exhibits attached
hereto are incorporated herein and made a specific part thereof.
SECTION 2: Amendment #1 extending the lease agreement with Yamaha
Motor Finance corporation, USA for 12 months is approved. The appropriate City
officials are authorized to execute Amendment #1 and expend budgeted funds to
implement Amendment #1.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part, or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
SECTION 5: This Resolution shall become effective immediately upon
adoption.
PASSED, ADOPTED AND APPROVED this 13th day of April 2022.
MICH LLE J. GO Z
MAYOR
ATTEST:
ENIFER OH S6N, CMC
CITY CLERK
132747514.1
Temp. Reso. #TR 13767
March 31, 2022
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RECORD OF COMMISSION VOTE:
MAYOR GOMEZ
DIST 1: COMM. BOLTON y
DIST 2: V/M GELIN JES
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. PLACKO
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THE CITY OF TAMARAC ONLY.
JOH
CIT)
132747514.1
OR Y
AMENDMENT #1 TO EQUIPMENT SCHEDULE #120132 / LEASE #M18110132
This AMENDMENT # 1 ("Amendment") TO EQUIPMENT SCHEDULE #120312 ("Equipment Schedule") amends such
Equipment Schedule as it relates to that certain [Conditional Sales Contract/Master Lease Agreement] (the
"Agreement") dated as of August 1, 2018 by and between YAMAHA MOTOR FINANCE CORPORATION, U.S.A., a
Delaware corporation located at 6555 Katella Avenue, Cypress, CA 90630 ("YMFUS"), and CITY OF TAMARAC, a
Florida Municipality located at 6850 NW 88th Ave, Tamarac, FL 33321 ("Customer").
NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, and
for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby
agree as follows:
Amended Terms
1.1 Payments on the Equipment Schedule have been amended and shall be due on the following
Remaining Schedule of Payments effective the date of this Amendment:
Extending lease out 12 additional months from 4/1/2022 through 4/1/2023. Payments will be $3,215.05 from
4/1/2022 through 3/1/2023.
1.2 Other Terms:
None
II. General
2.1 Authority for Amendment. The execution, delivery and performance of this Amendment has been
duly authorized by all requisite corporate or other action on the part of YMFUS and Customer and upon execution and
delivery by each of them, will constitute a legal, binding obligation thereof.
2.2 Effect of Amendment. Except as specifically amended hereby, the Agreement and the Equipment
Schedule, and all terms contained therein, remains in full force and effect. The Equipment Schedule, as amended by
this Amendment, constitutes the entire understanding of the parties with respect to the subject matter hereof.
Capitalized terms used herein and not otherwise defined shall have the meaning given them in the Agreement.
2.3 Binding Effect. Each reference herein to a party hereto will be deemed to include its successors
and assigns, all of whom will be bound by this Amendment and in whose favor the provisions of this Amendment will
inure.
2.4 Counterparts. This Amendment may be executed in counterparts, each of which will constitute an
original, but all of which, when taken together, will constitute but one agreement. Copies may be transmitted by
facsimile or other electronic means (including attachments to email) for signature and each manually executed or other
electronic copy (including an attachment to an email) may be used for all purposes as an original by any party. The
Customer, by making any payment required under the Agreement and Equipment Schedule, as amended by this
Amendment, ratifies all of the terms of the Agreement and the Equipment Schedule as so amended.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly
authorized signers, all with an effective date of March 11, 2022.
YAMAHA MOT INANC P N, U.S.A.
By. e
CITY O6 AM RAC
i
By:
Its:
Commercial Finance
MUNICIPAL MASTER LEASE AGREEMENT -EDITED
Page 1 of 4 MLSE 0906
YAMAHA
YAMAHA MOTOR FINANCE CORPORATION, U.S.A.
MASTER LEASE AGREEMENT dated August 1, 2018 between YAMAHA MOTOR FINANCE CORPORATION,
U.S.A., having its principal place of business at 6555 Kateila Avenue, Cypress, California 90630 ("Lessor"), and
CITY OF TAMARAC having its principal office at
6850 NW 88TM AVE. TAMARAC FL 33321 ("Lessee").
Lessor and Lessee hereby agree as follows:
1. Lease of Equipment. Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the "Equipment"), on the
terns and conditions of this Lease, the applicable Equipment Schedule, and each rider attached hereto.
2. Term. The tern of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on
such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule.
3. Rent. Lessee shall pay Lessor rent for the Equipment ("Rent') in the amounts and at the times set forth on the applicable Equipment
Schedule. The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices quoted
in the Request for Proposal identified on the applicable Equipment Schedule ("Eff)), together with an interest factor at the rate specified in the
applicable Equipment Schedule. Whenever any payment hereunder is not made when due, Lessee shall pay interest on such amount from the
due date thereof to the date of such payment at the lower of Lessor's then prevailing rate for late payments specified in Lessons invoice to
Lessee for such payment or the maximum allowable rate of interest permitted by the law of the state where the Equipment is located.
4. Selection. Delivery, and Acceptance. Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized
dealer of Lessor (the "Dealer"). All costs of delivery are the sole responsibility of Lessee. Lessor shall not be liable for any loss or damage
resulting from the delay or failure to have any Equipment available for delivery. Lessee shall inspect the Equipment to determine that the
Equipment Is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by Lessee
to Lessor or Dealer. Lessee shall accept the Equipment if it meets the criteria set forth in the preceding sentence and shall execute and deliver
to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor, within 7 days of the delivery of the Equipment or
the Equipment will be deemed accepted by the Lessee. For all purposes of this Lease, acceptance is conclusively established by Lessee's
execution and delivery of a Certificate of Acceptance provided by Lessor. Lessee authorizes Lessor to insert in each Equipment Schedule the
serial numbers and other identifying data of the Equipment.
5. Location. and Inspection. Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule without
Lessor's prior written consent. Lessor and its representatives shall have the right from time to time during business hours to enter upon the
premises where the Equipment is located to inspect the Equipment and Lessee's records to confirm Lessee's compliance with this Lease.
6. Care. Use. and Maintenance. Lessee shall, at its expense, at all times during the term of this Lease, keep the Equipment clean, serviced,
and maintained In good operating order, repair, condition, and appearance in accordance with Lessor's manuals and other instructions received
from Lessor. Lessee will not use or operate the Equipment, or permit. the Equipment to be used or operated, in violation of any law, ordinance
or governmental regulations. The Equipment will be used and operated only as golf cars. Lessee shall safely store the Equipment when not in
use and properly secure it at night and such other times when the golf course on which the Equipment is used is closed to play, and Lessee
shall be solely responsible for such storage and safekeeping. If the Equipment is electrical, Lessee shall provide sufficient and adequate
electrical charging outlets and water facilities for the batteries which are a part of the Equipment.
7. Insurance. Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided herein, Lessee
relieves Lessor of responsibility for all risk of physical damage to or loss or destruction of all the Equipment, howsoever caused. During the
continuance of this Master Lease, Lessee shall at its own expense, cause to be carried and maintained with respect to each item of Equipment
designated in each Equipment Schedule, public liability Insurance in an amount of not less than $1,000,000, and casualty insurance, in each
case In amounts and against risk customarily insured against by Lessee in similar equipment and, in amounts and against risk acceptable to
Lessor. All policies with respect to such insurance shall name Lessor as loss payee, and shall provide for at least thirty (30) days' prior written
notice by the underwriter or insurance company to Lessor in the event of cancellation or expiration of any such policies. Lessee shall furnish
appropriate evidence of such insurance to Lessor. Lessee shelf bear the entire risk of loss, theft, destruction or damage to the Equipment from
any cause whatsoever and shall not be relieved of the obligation to pay the total of the monthly payments or any other obligation hereunder
because of any such occurrence. In the event of damage to any item of Equipment leased hereunder, Lessee, at its sole expense, shall
immediately place the same in good repair and operating condition. In no event shall Lessor be liable for any loss of profit, damage, loss, defect
or failure of any item of Equipment or the time which may be required to recover, repair, service, or replace the item of Equipment.
S. Storacie. Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism
9. Title. Title to the Equipment shall at all times remain with the Lessor. Lessee acquires only the interests of Lessee expressly described in
this Lease, the applicable Equipment Schedule, and the riders attached hereto. Lessee shall not remove, move, or cover over in any manner
any serial number on the Equipment. Lessee shall keep all Equipment free from any marking or labeling which might be interpreted as a claim
of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor. Lessor is hereby authorized by Lessee,
at Lessors expense, to cause this Master Lease, any Equipment Schedule or any statement or other instrument in respect of any Equipment
Schedule as may be required by law showing the interest of Lessor in the Equipment to be filed and Lessee hereby authorizes Lessor or its
agent to sign and execute on its behalf any and all necessary UCC-1 forms for such purpose. Lessor and Lessee hereby intend this transaction
to be a lease. in the event that for any reason it is not deemed a lease, the Lessee hereby grants Lessor a security interest in the property
shown on the Equipment Schedule.
10. Warranties. The Equipment is warranted only in accordance with the manufacturer's warranty. EXCEPT AS EXPRESSLY PROVIDED
IN THE MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON -INFRINGEMENT AND
NON-INTERFERENCE.
Page 2 of 4 MLSE 0906
11. Alterations and Attachments. Lessee may, with Lessor's prior written consent, make such cosmetic modifications to the Equipment as
Lessee may deem desirable in the conduct of its business; provided, however, that such alterations shall not diminish the value or utility of the
Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof; and provided, further, that such
modification shall be removable without causing damage to the Equipment. Upon return of the Equipment to Lessor, Lessee shall, if Lessor so
elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear and tear and
depreciation excepted.
12. Taxes. Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or
exclusion from personal property tax on the equipment or sales or use tax on the leasing of the Equipment to Lessee hereunder. In the event
that any such tax becomes payable by Lessor during the tern of this Lease, Lessee shall pay to Lessor as additional rent, promptly on receipt
of Lessor's Invoice therefor, an amount equal to such tax. Lessee shall collect and remit any and all sales, use, and other taxes payable in any
state, county, or city in respect of the rental or other use of the Equipment by Lessee.
13. Indemnity: Notice of Claim. To the extent permitted by applicable law, Lessee shall be liable for, and hereby indemnifies Lessor and holds
Lessor harmless from and against, any and all claims, costs, expenses, damages, losses, and liabilities (including, without limitation, attorneys'
fees and disbursements) arising in any way from the gross negligence or willful misconduct of Lessee or Lessee's agents and independent
contractors, or their respective employees, agents or representatives. Lessee shall give Lessor prompt written notice of any claim arising out of
the possession, leasing, renting, operation, control, use, storage, or disposition of the Equipment and shall cooperate in all reasonable respects
at Lessee's expense in investigating, defending, and resolving such claim.
14. Return of Equipment. Upon the termination of an Equipment Schedule for any reason, unless Lessee is thereupon purchasing the
Equipment from Lessor, Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee's location at which
the Equipment was used hereunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating order,
repair, condition, and appearance as when received by Lessee, less normal depreciation and wear and tear (which shall not Include damaged
or missing tires or wheats).
16. Defaults. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Lease:
(a) Default by Lessee in the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule
as and when the same becomes due and payable; or
(b) Default by Lessee In the performance of any other material term, covenant or condition of this Lease or any Equipment Schedule
or the inaccuracy in any material respect of any representation or warranty made by the Lessee in this Lease or any Equipment
Schedule, or in any document or certificate furnished to the Lessor in connection therewith, which default or inaccuracy shall
continue for a period of 10 days after notice; ; or
(c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors shall be filed by or
against Lessee; or
(d) The voluntary or involuntary making of any assignment of a substantial portion of its assets by Lessee for the benefit of creditors
shall occur; a receiver or trustee for Lessee or for Lessee's assets shall be appointed; or any formal or informal proceeding for
dissolution, liquidation, settlement of claims against or winding up of the affairs of Lessee shall be commenced; or
(a) Lessee shall default under any other lease or agreement between Lessee and Lessor (or any of its assignees hereunder]; or
(f) Lessee shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Lessor deems
Itself or any of the Equipment to be insecure.
16. Remedies. Upon the occurrence of an Event of Default, Lessor, at its option, may pursue any one or more of the following remedies, in
such order or manner as Lessor determines, each such remedy being cumulative and not exclusive of any other remedy provided herein or
under applicable law:
(a) terminate all or any portion of the Equipment Schedules to this Lease;
(b) with or without terminating this Lease, take possession of the Equipment, with or without Judicial process, Lessee hereby granting
Lessor the right and license to enter upon Lessee's premises where the Equipment is located for such purpose;
(c) proceed by appropriate court action, either at law or in equity, to enforce performance by Lessee of the applicable covenants
and terms of this Lease, or to recover from Lessee any and all damages or expenses, including reasonable attorneys' fees, which
Lessor shall have sustained by reason of Lessee's default in any covenant or covenants of this Lease, or on account of Lessor's
enforcement of its remedies thereunder; without limiting any other damages to which Lessor may be entitled, Lessor shall be
entitled upon an Event of Default to damages in an amount equal to all Rent then due but unpaid, plus the aggregate amount of
Rent thereafter coming due for the remaining term of this Lease, plus Lessor's costs and expenses of pursuing its remedies
hereunder (including, without limitation, attorneys' fees), minus all amounts received by Lessor after using reasonable efforts to
sell or re -lease the Equipment after repossession or from any guaranty by the Dealer or any third -party; and
(d) sell the Equipment or enter into anew lease of the Equipment.
It is hereby agreed that no delay by Lessor in pursuing any remedy shall be treated as a waiver of or limitation on such remedy or any other
remedy.
17. Assionment. Neither Lessee nor Lessor shall transfer, assign, or sublease (except for rentals to players as contemplated hereunder in the
ordinary course of business), or create, incur, assume, or permit to exist any security interest, lien, or other encumbrance on, the Equipment,
this Lease, or any interest of Lessee therein.
18. Lessee's Representations and Warranties. Lessee represents and warrants to Lessor that: (a) Lessee has the authority under applicable
law to enter into and perform this Lease and each Equipment Schedule and rider hereto; (b) Lessee has taken all necessary action to authorize
its execution, delivery, and performance of this Lease and each Equipment Schedule and rider hereto; (c) the Lease and each Equipment
Schedule and rider hereto have been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee's legal, valid,
and binding obligations, enforceable in accordance with their terms; (d) adequate funds have been budgeted and appropriated to enable Lessee
to make all payments required under each Equipment Schedule to this Lease during the first twelve months of the term hereof; and (a) interest
paid on indebtedness of Lessee held by Lessor would be excluded from Lessors income for U.S. federal income tax purposes.
Page 3 of 4 MLSE 0906
19. Non-Awropriatlon of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds
are budgeted and appropriated or are otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a Equipment
Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences, Lessee will
immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last day of the fiscal
period for which appropriations have been received or made without penalty or expense to Lessee, except as to (i) the portions of Rent for which
funds shall have been budgeted and appropriated or are otherwise available and (ii) Lessee's other obligations and liabilities under the Lease
relating to the period, or accruing or arising, prior to such termination. In the event of such termination, Lessee agrees to peaceably surrender
possession of the Equipment to Lessor on the date of such termination in the manner set forth in the Lease and Lessor will have all legal and
equitable rights and remedies to take possession of the Equipment. Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel the
Lease and the Lease shall not terminate under the provisions of this section if any funds are appropriated to it, or by it, for the acquisition,
retention or operation of the Equipment or other equipment or services performing functions similar to the functions of the Equipment for the
fiscal period in which such termination would have otherwise occurred or for the next succeeding fiscal period, and (ii) that it will not during the
Lease term give priority in the application of funds to any other functionally similar equipment or to services performing functions similar to the
functions of the Equipment. This section is not intended to permit Lessee to terminate the Lease in order to purchase, lease, rent or otherwise
acquire the use of any other equipment or services performing functions similar to the functions of the Equipment, and if the Lease terminates
pursuant to this section, Lessee agrees that prior to the end of the fiscal period immediately following the fiscal period in which such termination
occurs, it will not so purchase, lease, rent or otherwise acquire the use of any such other equipment or services.
20. Binding Effect; Successors and Assigns. This lease and each Equipment Schedule and rider hereto shall be binding upon and shall inure
to the benefit of Lessor and Lessee and their respective successors and permitted assigns. All agreements and representations of Lessee
contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this
Lease and the expiration or other termination of this Lease.
21. Notices. Any notice, request or other communication to either party by the other shall be given in writing and shall be deemed received
only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be, at
the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of either
parry.
22. Govemina Law. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the
laws of the State where Lessee's principal administrative offices are located without giving effect to the conflicts of laws principles of such state.
23. Severability. In the event any one or more of the provisions of this Lease or any Equipment Schedule or rider hereto shall for any reason
be prohibited or unenforceable in any jurisdiction, any such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition
or unenforceability without invalidating the remaining provisions hereof, any such prohibition or unenforceability in any jurisdiction shall not
invalidate or render unenforceable such provision in any other jurisdiction.
24. Signed Counterparts. The parties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart of the
signature page to this Lease by fax, email or other electronic means shall be as effective as delivery of a manually executed counterpart, and
any failure to deliver the original manually executed counterpart sent by fax, email or other electronic means shall not affect the validity,
enforceability or binding effect of this Lease. Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease
bearing the stamped or manually executed signature of the Lessor. The Lessee, by making any payment required under this Lease, ratifies all
of the terms of this Lease/Agreement.
25. Article 2A. To the fullest extent permitted by applicable law, Lessee waives any and all rights and remedies conferred by Sections 2A-
508 through 2A-522 of Article 2A of the Uniform Commercial Code in effect in the state designated in Section 22 above, except to the extent
that such right or remedy is expressly granted to Lessee herein.
26. Statute of Limitations. Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced
within one year after the cause of action accrues.
27. Entire Agreement. This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and
Lessee with respect to the subject matter hereof, and there are no agreements, representations, warranties, or understandings with respect to
such subject matter except as expressly set forth herein and therein. No alternation or modification of this Lease or any Equipment Schedule
or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee.
IN WITNESS WHEREOF, Lessor and Less_QQ11ale caused this Lease to be executed on the date first above written.
[CITY MARC es YAMAHA MOTOR FINANCE CORPORATION. U.S.A. as Lessor
C-61y By:
Print Name: Michael C. Cernech
Print Name: KIM RUIZ
Title: City Manager Title: PRESIDENT
AP OVER .A5 LEGAL FORIM
OF ICE OF HE CI ,Y ATTO NEY
DATED:
Page 4 of 4
MLSE 0906
EXHIBIT A
EQUIPMENT SCHEDULE # 120132
Dated 08/01/2018
1. This Schedule covers the following property ("Equipment")
100 DR2E / 1 UMAX BEV GOLF CARS
2. Location of Equipment:
COLONY WEST GOLF CLUB
6850 NW 88TH AVE
TAMARAC, FL 33321
3. The Lease term for the Equipment described herein shall commence on October 01, 2018 and shall
consist of 42 months from the first day of the month following said date.
4. Rental payments on the Equipment shall be in the following amounts, payable on the following schedule:
42 MONTHLY PAYMENTS IN THE AMOUNT OF $3,215.05 (APPLICABLE TAXES TO BE BILLED).
STARTING OCTOBER 2018 AND ENDING MARCH 2O22. DUE THE 1ST DAY OF
THE MONTH AS FOLLOWS:
Oct-18 $3,215.05 Jan-19 $3,215.05
3an-20 $3,215.05
Jan-21$3,215.05 Jan-22 $3,215.05
Nov-18 $3,215.05 Feb-19 $3,215.05
Feb-20 $3,215.05
Feb-21$3,215.05 Feb•22 $3,215.05
Dec-18 $3,215.05 Mar-19 $3,215.05
Mar-20 $3,215.05
Mar-21$3,215.05 Mar-22 $3,215.05
Apr-19 $3,215.05
Apr-20 $3,215.05
Apr-21$3,215.05
May-19 $3,215.05
May-20 $3,215.05
May-21$3,215.05
Jun-19 $3,215.05
Jun-20 $3,215.05
Jun-21$3,215,05
Jul-19 $3,215.05
Jul-20 $3,215.05
Jul-21 $3,215.OS
Aug-19 $3,215.05
Aug-20 $3,215.05
Aug-21$3,215.05
Sep-19 $3,215.05
Sep-20 $3,215.05
Sep-21$3,215.05
Oct-19 $3,215.0S
Ott-20 $3,215.0
Oct-21$3,215.05
Nov-19 $3,215.05
Nov-20 $3,215.05
Nov-21$3,215.05
Dea19 93.215.05
Dec-20 0.215.05
Dec-21 0.215.05
Interest Factor: 4.2 %
Other Terms:
Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased pursuant to Section
12 of the Master Lease Agreement dated 09/01/2018 between the parties(the"Lease").
Yamaha Motor Corporation, U.S.A., Lessor and their respective subsidiaries are not obligated to perform or provide any maintenance or
service, under any circumstances, under the terms of the Lease. Maintenance and service are the responsibility of the Lessee. Failure by
Lessee to maintain or service the equipment consistent with the terms of the Lease shall not relieve Lessee of the responsibilities under the
Lease.
Signed Counterparts: The parties agree that this Exhibit A to the Lease may be signed in counterparts, that delivery of an executed counterpart of
the signature page to this Exhibit A to the Lease by fax, email or other electronic means shall be as effective as delivery of a manually executed
counterpart, and any failure to deliver the original manually executed counterpart sent by fax, email or other electronic means shall not affect the
validity, enforceability or binding effect of this Exhibit A to the Lease. Notwithstanding any other provision of the Lease, the sole original of this
Exhibit A to the lease and the Lease shall be the ones bearing the manually executed signature of the Lessor. The Lessee, by making any payment
required under this Lease, ratifies all of the terns of this Exhibit A to the Lease and the Lease
Master Lease: This Exhibit A to the Lease, Equipment Schedule, are issued pursuant to the Lease. Capitalized terms used herein and not
otherwise defined shall have the meanings given them in the Leese.
All terms and conditions, representations and warranties of the Lease are hereby ratified and incorporated herein and made a part hereof as if
they were expressly set forth in this Exhibit A, Equipment Schedule and this Exhibit A, Equipment Schedule, constitutes a separate lease with
respect to the Equipment described herein.
Signature
_flame: Michael C. Cernech
Type or Print
Title: City Manager
CAMAHA MOTOR FINANCE CORPORATION, U.S.A.
Name:
Title:
Jeff Young
President
NAME OF INSURANCE AGENT:
Florida League of Cities
ADDRESS: P.O. Box 530065
Orlando, Florida 32853-0065
YAMAHA MOTOR FINANCE
CORPORATION, U.S.A. ("Yamaha")
6555 Kateila Avenue, Cypress, CA 90630
(800) 551-2994, Fax (714) 761-7363
E-MAIL: Donna_Hennessy@yamaha-motor.com
Aunust 08, 2018
Please Reference our Quote# 120132
PHONE: 800-445-6248
FAX: 407-425-9378
RE: COLONY WEST GOLF CLUB (Customer) Account #-
The Customer has leased or will be leasing equipment from Yamaha.
The Customer Is required to provide Yamaha with the following insurance coverage:
"All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an
amount not less than the full replacement cost of the property, with Yamaha Motor Finance Corp., U.S.A., its
successors and assigns named as LOSS PAYEE.
. The amount of the Public Liability Insurance shall not be less than $1,000,000.00 combined single limit.
Each policy shall provide that: (1) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or
non -renewal, ( 11) 1 t is primary Insurance and any other Insurance covering Yamaha shall be secondary or excess of
the policy, and (111) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of
any term of the policy or the Customer's application therefore.
A Certificate evidencing such coverage should be mailed to Yamaha at the following address.
Yamaha Motor Finance
Corporation, U.S.A.
Attn: Commercial Finance
Group 6555 Katella Ave
Cypress, CA 90630
Your prompt attention will be appreciated.
Equipment Covered:
—100 DR2E1 1 UMAX GOLF CARS
Equipment Location:
6850 NW 8WH AVE
TAMARAC FL 33321
Very Truly Yours,
CI`fY OF
v:
(Signature of Authorized 0 er)
Title: City Manager
APPPREQ AS TO LEGAL. FORM
1 OF TN E Q IT A ORNEY
"ATFD. � � _- _....
CERTIFICATE OF ACCEPTANCE
This certificate is executed pursuant to Equipment Schedule No. 120132
dated August 01 2018__ to the Master Lease Agreement dated
___ Auoust 01 2018 ).etween Yamaha Motor Finance Corporation, U.S.A.
(the "Lessor") and CITY OF TAMARAC
(the "Lessee").
The Lessee hereby certifies that the Equipment set forth below, as also described In the
above
Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date
EQUIPMENT SERIAL
QUANTITY TYPE/MODEL NUMBER NEW/USED
100 DR2E / 1 UMAX BEV GOLF CAR $e8
Attachment
ADDITIONAL CONDITIONS/SPECIAL TERMS:
NEW
LOCATION
COLONY WEST GOLF CLUB
6860 NW 88TH AVE
TAMARAC, FL 33321
Please return this certificate as your acknowledgment of the above Commencement Date and
acceptability of the Equipment.
CITY OF TAMARAC
as Lessee
y
\ B:
Name: Mark C. Mason
Title: _ Director of Financial Services
"MA
CITY OF TAMARAC
6850 NW 88TH AVE
TAMARAC, FL 33321
PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR FINANCE CORP., U.S.A.
3362 Momentum Place
Chicago, IL 60689-5333
INVOICE NUMBER: MAN 120132
Date Prepared: 081112018
r:..i'i!'C%F':i".>/.i'+J'.►X1i`,'•1•,A./'CM'�l;"i'..'.:INF^.:.,;IPI'v": Y)'-r"'0..W`/:4G'..>!'.02.^at:.:k:i.trT/.S'0•x/rturd.-.r:c: a:'..r: yrm.:•rrm�:410-I^-
Due Date Quote No Description Amount Due
v .. .�..r'.M:: r'tA'% a.:tl:r' u .. . ... _.I J: .;. ..:JN..Y�..?:, J . 'AT'-..n..y .. t.. �r �?:b .✓x... .�n•:,v+i w/... `a, w• .. .M 9:•.
120132 100 DR2E / 1 UMAX BEV GOLF CARS for Municipal Lease
Cars located at: COLONY WEST GOLF CLUB
101112018 Payment $3,215.05
Payment Tax $0.00
YOUR ACCOUNT BALANCE IS
$3,215.05
Please return the bottom portion with your remittance. Include the lease number on your
check. FOR BILLING QUESTIONS, CALL YAMAHA Commercial Finance AT 1-800-551-2994.
PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR FINANCE CORP., U.S.A.
3362 Momentum Place
Chicago, IL 60669.6333
INVOICE NUMBER MAN 120132
Date Prepared: 081112018
Payment for:
CITY OF TAMARAC
6850 NW 88TH AVE
TAMARAC, FL 33321
120132 Aber Amount Paid
Date Paid Check Number
*YAMAHA
FINANCIAL SERVICES
City of Tamarac Initialed By: MCM
AMORTIZATION SCHEDULE FOR MUNICIPALITY
MUNICIPAL LEASE AGREEMENT
LESSEE: City of Tamarac
EQUIPMENT SCHEDULE # 120132
Yield: 4.200%
Due
Totals: 135,032.10 30,357.02