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HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-102Temp. Reso. #13149 Page 1 August 8, 2018 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2018 /dc- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FORTY-TWO (42) MONTH LEASE AGREEMENT WITH YAMAHA MOTOR FINANCE CORPORATION, U.S.A. FOR THE LEASE OF ONE -HUNDRED (100) YAMAHA GOLF CARTS AND ONE (1) BEVERAGE CART AT A MONTHLY RATE OF $3,215.05-1 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is a Vibrant Community, that wishes to provide exceptional recreational opportunities for its residents and visitors; and WHEREAS, on October 24, 2013, The City Commission of the City of Tamarac approved an Agreement with Billy Casper Golf, LLC, to maintain the operations of the course, and the amenities available in the Colony West Clubhouse, including foodservice and pro -shop operations via Resolution # R2013-115, a copy of which is on file with the City Clerk; and WHEREAS, an important amenity for any successful golf course is golf carts for use by patrons of the course; and WHEREAS, On June 25, 2014, the City Commission approved Resolution R-2014- 61 authorizing the acquisition of 100 Yamaha Golf Carts and two (2) beverage carts at a cost of $410,250; and WHEREAS, Billy Casper Golf, using their national purchasing power as authorized in the Management Agreement between the City of Tamarac and Billy Casper Golf, a copy of which is on file with the City Clerk, requested proposals from the three major cart manufacturers for a forty-two (42) monthly lease and trade-in of carts; and Temp. Reso. #13149 Page 2 August 8, 2018 WHEREAS, submittals were received from the following three (3) firms with the monthly and total lease amounts shown below and a summary of the quotes and equipment specifications is included herein as Exhibit 1: E-Z-GO, a Division of Textron, Inc. Yamaha Golf Car Company Club Car, a Business Unit of Ingersoll Rand Montly Total Lease Lease Amount Amount $ 4,406 $ 185,052 $ 3,215 $ 135,032 $ 4,120 $ 173,040 WHEREAS, the proposal submitted by Yamaha Golf Car Company provided the lowest responsive and responsible response with the highest trade-in value for the existing carts; and WHEREAS, the Director of Financial Services recommends that the appropriate City officials be authorized to execute that certain lease agreement with Yamaha Motor Finance Corporation, U.S.A., included herein as Exhibit 2, for the lease of one -hundred (100) golf carts and one (1) beverage cart for use at the Colony West Golf Club at a monthly rate of $3,215.05 over a forty-two (42) month period; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to provide for the appropriate City officials be authorized to execute that certain lease agreement with Yamaha Motor Finance Corporation, U.S.A., included herein as Exhibit 2, for the lease of one -hundred (100) golf carts and one (1) beverage cart for use at the Colony West Golf Club at a monthly rate of $3,215.05 over a forty-two (42) month period. The remainder of this page is intentionally left blank" J n Temp. Reso. #13149 Page 3 August 8, 2018 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits referenced and attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That the appropriate City Officials are hereby authorized to execute that certain lease agreement with Yamaha Motor Finance Corporation, U.S.A., included herein as Exhibit 2, for the lease of one -hundred (100) golf carts and one (1) beverage cart for use at the Colony West Golf Club at a monthly rate of $3,215.05 over a forty-two (42) month period. 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 or 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 its passage and adoption. The remainder of this page is intentionally left blank" PASSED, ADOPTED AND APPROVED this ATTEST: PATRICA TEU El_f MC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 4AMUE'LS2ZCGOREN, CITY ATTORNEY Temp. Reso. #13149 Page 4 August 8, 2018 day of , 2018. HARRY DRESSLER, MAYOR Record of Commission Vote: MAYOR DRESSLER DIST 1: COMM. BOLTON DIST 2: V/M. GOMEZ DIST 3: COMM. FISHMAN DIST 4: COMM. PLACKO `\\�\ \IiIIII///// M/ �� OF TAq� , 0 EgTABLts� : 0 A90 :c• F :' O � %`may'•• •' � ; Exhibit 1 Monthly Monthly Annual Trade Golf Cart Specification Summary EZGO Yamaha Club Car Standard Color X X X USB Port X X X Battery Fill System X X X Sun Canopy X X X (2) Message Holders X X X Wheel Covers X X X Windshield X X X Sand Bottle X X X Sand Bucket X X X Bag Cover X X X Custom Logo X X X Number Decals X X X 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 Katella Avenue, Cypress, California 90630 ("Lessor"), and CITY OF TAMARAC having its principal office at 6850 NW 88T" 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 terms and conditions of this Lease, the applicable Equipment Schedule, and each rider attached hereto. 2. Term. The term 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 ("RFP")), 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 Lessor's 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 shall 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. 8. Storage. 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 Lessor's 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 term 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 wheels). 15. 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 (e) 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 a new 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. Assignment. 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 (e) interest paid on indebtedness of Lessee held by Lessor would be excluded from Lessor's income for U.S. federal income tax purposes. Page 3 of 4 MLSE 0906 19. Non -Appropriation of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds are budgeted and appropriated orare 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 party. 22. Governing 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 Lesse a caused this Lease to be executed on the date first above written. [CITY MARC es Y By — Print Name: Michael C. Cernech Title: City Manager AP OVED AS LEGAL FORM OF ICE OF HEJCI Y ATTO NEY DATED: YAMAHA MOTOR FINANCE CORPORATION, U.S.A. as Lessor Print Name: KIM RUIZ Title: PRESIDENT 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 Jan-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 3ul-19 $3,215.05 Jul-20 $3,215.05 Jul-21$3,215.05 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 $3,215.05 Oct-20 $3,215.05 Oct-21$3,215.05 Nov-19 $3,215.05 Nov-20 $3,215.05 Nov-21$3,215.05 Dec-19 t3.21.5.05 Dec-20 t3.215.05 Dec-21 53.215.05 5. Interest Factor: 4.2 % 6. 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 08/01/2018 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 terns 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. L-'! 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 terms 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 Lease. 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 Name: Michael C. Cernec \, Type or Print Title: City Manager_ eAMAHA MOTOR FINANCE CORPORATION, U.S.A. Name. Jeff Young ___.. President Title: pj IS YAMAHA MOTOR FINANCE CORPORATION, U.S.A. ("Yamaha") 6555 Katella Avenue, Cypress, CA 90630 (800) 551-2994, Fax (714) 761-7363 E-MAIL: Donna_Hennessy@yamaha-motor.com NAME OF INSURANCE AGENT: Florida League of Cities ADDRESS: P.O. Box 530065 Orlando Florida 32853-0065 PHONE: 800-445-6248 FAX: 407-425-9378 RE: COLONY WEST GOLF CLUB The Customer has leased or will be leasing equipment from Yamaha. August 08, 2018 Please Reference our Quote# 120132 (Customer) Account #_ 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: (i) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or non -renewal, ( ii) i t is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the policy, and (iii) 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 DR2E/ 1 UMAX GOLF CARS Equipment Location: 6850 NW 88T" AVE TAMARAC FL 33321 Very Truly Yours, CITY OF me v: (Signature of Authorized Off' er) Title: City Manager CERTIFICATE OF ACCEPTANCE This certificate is executed pursuant to Equipment Schedule No. 120132 dated - - ------- - August 01, 2018 to the Master Lease Agreement dated 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 LOCATION 100 DR2E / 1 UMAX BEV GOLF CAR See NEW COLONY WEST GOLF CLUB Attachment 6850 NW 88TH AVE TAMARAC, FL 33321 ADDITIONAL CONDITIONS/SPECIAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. ,N\J By: C Name: Title: CITY OF TAMARAC as Lessee Mark-C. Mason-,, ------- -- - Director of Financial Services YAMAHA 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 rv,,v;,re!<-.,r:< a,+,x.: n: "..r..r,:�,r':,�..sirp��,..�.�•r.�,.ui.�•.:-x!:o:x...s'»rs�+�s_.icon..;.v�i.>,<�.b••t�.c;�:e,.;�..f:..m.�z•aoi'v:�.vn�=,.w; Due Date Quote No Description Amount Due 'i.}'.Mlti sM.fi.+i'./G'EN'iG�.<I'.N'i.r.i�'T•.p'.1+./L„rt��a3l'•K.:H.4f ✓P%N.,%...L+•Y ?E'.tFd. .fuJ[..�,'V,.:W..iK.iY.F.r'I.iYW.G'..+F.:6�ns'N: d:. s�idi!"..i.ti" W W."'. x+lY :q'M' WWI 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 �.. .. ,�.. s^�.as�sa�er:v.:o.s•:r.,srr,rr,.v.aa-or fvv-.sr:'rre*:✓..r rai�w,asrw'ar.�.rxxs.r+rssw;�x.r:rsr.,rax�r..r.r .:nrx wr.�a.c•,rxo. 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: INVOICE NUMBER MAN 120132 Date Prepared. 081112018 Payment for: CITY OF TAMARAC 6850 NIN 88TH AVE TAMARAC, FL 33321 120132 fiber Amount Paid Date Paid YAMAHA MOTOR FINANCE CORP., U.S.A. 3362 Momentum Place Chicago, IL 60689-5333 Check Number )YA M A H A 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 Mon # Date Payment Interest 1 10/01/18 3.215.05 891.89 2 11/01/18 3.215.05 884.01 3 12/01/18 3.215.05 876.10 4 01/01/19 3.215.05 868.17 5 02/01/19 3.215.05 860.20 6 03/01/19 3.215.05 852.22 7 04/01/19 3.215.05 844.20 8 05/01/19 3.215.05 836.16 9 06/01/19 3.215.05 828.09 10 07/01/19 3.215.05 819.99 11 08/01 /19 3.215.05 811.87 12 09/01/19 3.215.05 603.72 13 10/01/19 3.215.05 795.54 14 11 /01119 3.215.05 787.33 15 12/01/19 3.215.05 779.10 16 01/01/20 3.215.05 770.83 17 02/01/20 3.215.05 762.54 18 03/01 /20 3.215.05 754.22 19 04/01 /20 3.215.05 745.88 20 05/01/20 3.215.05 737.50 21 06/01 /20 3.215.05 729.10 22 07/01 /20 3.215.05 720.66 23 08/01 /20 3.215.05 712.20 24 09/01 /20 3.215.05 703.71 25 10/01/20 3.215.05 695.19 26 11/01/20 3,215.05 686.65 27 12/01/20 3.215.05 678.07 28 01/01/21 3.215.05 669.47 29 02/01/21 3.215.05 660.83 30 03/01 /21 3.215.05 652.17 31 04/01 /21 3.215.05 643.47 32 05/01/21 3,215.05 634.75 33 06/01 /21 3.215.05 626.00 34 07/01 /21 3.215.05 617.22 35 08/01 /21 3.215.05 608.40 36 09/01 /21 3.215.05 599.56 37 10/01 /21 3,215.05 590.69 38 11 /01 /21 3.215.06 581.79 39 12/01 /21 3.215.05 572.86 40 01 /01 /22 3.215.05 563.89 41 02/01/22 3.215.05 554.90 42 03/01/22 3,215.05 545.88 Totals: 135,032.10 30,357.02