Signed Contract_Harris Golf Carts for Bunker Hill Golf Course Golf Cart Lease ExtensionCity of Dubuque
City Council Meeting
Consent Items # 20.
Copyrighted
March 21, 2022
ITEM TITLE: Signed Contract(s)
SUMMARY: City of Asbury for an extension of the 2021 Memorandum of
Understanding for summer programming; Harris Golf Carts for a lease
extension for golf carts for the Bunker Hill Golf Course.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description
City of Asbury MOU
Harris Golf Carts Agreement
Type
Supporting Documentation
Supporting Documentation
THE CITY OF
DUB
Masterpiece are the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Bunker Hill Golf Course Cart Lease Agreement Extension
DATE: March 11, 2022
INTRODUCTION
Dubuque
�ilrrio Gq�
I�.
2aa7.2012.2013
017*2019
The purpose of this memorandum is to request your approval and signature for the 1-
year extension to the City Council approved 5-year lease from Harris Golf Cars for 60
Yamaha golf carts for the Bunker Hill Golf Course.
BACKGROUND
The previous 5-year lease for the golf carts at Bunker Hill expired at the end of 2021.
After speaking with multiple golf cart vendors prior to sending out a new RFP for
another long-term lease, staff was informed of the inventory challenges affecting the
industry similar to automobiles.
DISCUSSION
Newly constructed golf carts will not be available until the 2023 season. Golf cart
distributors are having to utilize their used inventories to service golf courses for the
2022 season. This is changing the bid landscape for the 2022 season as well as an
estimated increase in cost/value for used golf carts.
Fortunately, the 60-cart fleet that was under the 5-year lease with Harris Golf Cars, are
currently still located at the Bunker Hill Golf Course. To ensure that we will have carts
to begin the 2022 season, Harris Golf Cars has offered to extend the lease agreement
for 1 additional season without any increase in fees. This will guarantee the courses
access to carts this year as well allow for staff to develop a new long-term lease RFP for
2023 and beyond when new golf carts will be available. City Attorney Crenna Brumwell
has reviewed the attached amendment and has approved it for City Manager or
delegate signature.
BUDGETIMPACT
With there being no change in the proposed monthly lease cost of $5,640, there will be
no increased impact to either the FY22 or FY23 budgets during the dates of this
agreement.
ACTION REQUESTED
Staff recommends and requests your approval and signature for the 1-year extension to
the City Council approved 5-year lease from Harris Golf Cars for 60 Yamaha golf carts
for the Bunker Hill Golf Course.
Memo prepared by: Dan Kroger, Recreation Division Manager
Cc: Mike Sullivan, Head PGA Professional
Crenna Brumwell, City Attorney
2
AMENDMENT # 1 TO EQUIPMENT SCHEDULE #116561
This AMENDMENT #1 ("Amendment") TO EQUIPMENT SCHEDULE # 116561 ("Equipment Schedule") amends such
Equipment Schedule as it relates to that certain [Conditional Sales Contract/Master Lease Agreement] (the "Agreement")
dated as of February 13, 2017 by and between YAMAHA MOTOR FINANCE CORPORATION, U.S.A., a Delaware
corporation located at 6555 Katella Avenue, Cypress, CA 90630 ("YMFUS"), and the City of Dubuque, located at 2200
Bunker Hill Rd., Dubuque, IA 52001 ("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:
1.2 Other Terms:
5/1/2022 $5,640.00
6/1/2022 $5,640.00
7/1/2022 $5,W.00
8/112022 $5,640.00
9/1/2022 $5,640.00
10/1/2022 $5,640.00
General
2.1 Authority for Amendment. The execution, delivery and performance of this Amendment has been
duly authorized by all requisite corporate or other action on the part of YMFUS and Customer and upon execution and
delivery by each of -them, will constitute a legal, binding obligation thereof.
2.2 Effect of Amendment. Except as specifically amended hereby, the Agreement and the Equipment
Schedule, and all terms contained therein, remains in full force and effect. The Equipment Schedule, as amended by this
Amendment, constitutes the entire understanding of the parties with respect to the subject matter hereof. Capitalized
terms used herein and not otherwise defined shall have the meaning given them in the Agreement.
2.3 Binding Effect. Each reference herein to a party hereto will be deemed to include its successors and
assigns, all of whom will be bound by this Amendment and in whose favor the provisions of this Amendment will inure.
2.4 Counterparts. This _Amendment may be executed in counterparts, each of which will constitute an
original, but all of which, when taken together, will constitute but one agreement. Copies may be transmitted by facsimile
or other electronic means (including attachments to email) for signature and each manually executed or other electronic
copy (including an attachment to an email) may be used for all purposes as an original by any party. The Customer, by
making any payment required under the Agreement and Equipment Schedule, as amended by this Amendment, ratifies all
of the terms of the Agreement and the Equipment Schedule as so amended.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly
authorized signers, all with an effective date of February 24, 2022.
"I "®rlrol,,""
,Z
MOM
CITY OF DUBUQUE
By: !f
Its: I y Ianager
PAgq I of 4 MLSEOOQO
a, Y>AA
YAMAHA MOTOR FINANCE CORPORATION, U.S.A.
MA$TER Lt ASE AGREEMENT dated February 13, 2017 �between YAMAHA MOTOR PINANCE CORPORATION, U.S.A.,
Katella
havinq Its princ(pa! place of business at 6ti"at3 Avenue, Cypress,. California 9pB30 ('Lessor), and
CITY 7JF iJt�t3C1QUE having Its principal office at
2Q t3 R D Q , IA 6200
("Lessee").
Lessor and Lessee hereby agree as follows;
I. , f E I me . Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the "ESttt i? er "), on the
terms and conditions of this Lease, the applicable Equipment Schedule, and each rider attached hereto,
2. Tprr y. The term of this lease for the Equlpment 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. ftlt. Lessee stag pay Lessor rent for the Equipment C W") In the amounts and at the times setforth on the applicable Equipmont
Schedule. The amount of the Rent has been detarmined by amortizing tine purchase price of the applicable equipment (using the prices
quoted in the Request for Proposal identified on the applicable Equipment Schedule (" 2t=�")), together with an interest fac#or ttk the rate
specified In the appltc,able Equipment Schedule, Whenever any payment hereunder is not made whrn due, !.asses snail pay Interest on such
amount from the due date thereof to the date of suclt payment at the lower of Lessor's then prevailing rate for late payments spealtled in
Lessor's Invoice to Lessee for such payment or the Maximum allowable rato of Interest permitted by the law of the state where the Equipment
is located.
4. P_alecttpn Dell—venr and Acceptance Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized
dealer,of Lessor (the n .a er ). Ali costs of delivery are tite sole responsibility of Lessee. Lessor shall not' be liable for ally lose or.damago
resulting from the delay ar failure to have any Equipment available for delivery. Lessee shall Inspect the Equipment to determine ihat the t
Equipment Is as ordered and has been equipped and prepared In Accordance with the RFP and any prior instructionsven gift in writing 'by
Lessee to Lessor or Dealer. Lessee shall -accept the Equlpmant 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 -ilia
Equipment dr the Equipniont will be deemed accepted by the Le ,sou. 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 tdentify(n$ data of the Equipment,
ti. Lacatio andd laQAq LIall. 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 hoers 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. !{pre, Use, end Molntenance, Lessee shall, at Its expense, at all times during the terra 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 EguIpMent, or permit the Equipment to be used or operated, in violation
of any law, ordinance or gavummenial regulations, The Equipment will be used and operated only as golf cars. 'Lesseeshall 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 gqulprtient Is electrical, Lessee shall provide
sufiiotent and adequate electrical charging outlets and water f4ol6tles for the batteries which are a part of the Equipment.
7_ r c0. affeotive 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 logs or destruction of all the Equipment, howsoever causer, During the
continuance of this Master Lease, Lessee: shall at Its. own expense, cause to. be carried and maintained with respect to oach item of
Equipment designated in each Equipment Schedule, public !lability ihsurance 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 Lessar. All policies with respect to such Insurance shall name Lessor as additional Insured and as loss payee, still shall
provide for at least thirty (30) days' prior written notice by the underwriter or insurance company to Lessor In tits 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
toss, theft, destruction or damage to the Equiprnent 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, ht the event of damage to any item of Equipment
leased hereunder, Lessee, at Its sole expense, shall immediately place the same In goad repair and operating condition, in no event shall
Lessor be liable for any loss of profit, damage, loss, defect or failure or any item of Equipment or the time which may be required to recover,
repair, service, or replace the Item of Equipment.
8. ftragg. Lessee shalt store the Equipment In such a manner as to prevent theft or damage from weather and vandalism
9. TI 1g. 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 5ohodule, and the riders attached hereto. Lessee shalt not remove, move, or cover over In any
manner any serial number on the Equipment. Lessee shalt 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 net deemed a tease, the Lessee hereby grants Lessor a security interest in
the properly shown on the Equipment Schedule.
page 2 of 4 MLU0006
10, W rr ntfe@. The Equipment Is warranted only In accordance with the manufacturer's warranty. EXCEPT AS EXPRESSLY PROViDrD 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.
1 t, ftA&1Ls Q it en Losses may, with lessor's prior written eonseht, 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 tho maintenance thereof; and provided, further, that such modification shall be removable
without causing damage to the Equipment. Upon retum 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 tsar and depreciation excepted.
12. Taxes. Lessee shall cooperate with Lessor in all reasonable respects necessaryin order for Lessor to quality for any exemption or exclusion from
personal property tax on the equipment or salea or use tax an the leasing of the Equipment to Lessee hereunder, In the event that any such fax becomes
payable by Lessor during 111e term of this Leaser, 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, orcity in respect. of the rental or other
use of the Equipment by Lassos,
13, jn Ql iY�(tyf j 4jica .of clalln, To the extent permitted by applicable taw, Lessee shall be liable -for, and hereby Indemnifies Lessor and holds Lessor
harmless from and aganns(, any and all claims, costs, expenses, damages, losses, and liabilities (including, without limitation, attorneys' fees and
disbursements) arising in any way from the grass negligence or willful misconduct of Lessee or Lessee's agents And Independent r oniraotots, or their
reepeotive, employeas, agents or representativos. Lessee shall give Lessor prompt written notice of any claim arising out of the possession, leasing, orIhrenting,
operation, Cantrcl, use, storage, ar dlspoaitior of the Equiipmant and shall Cooperate In all reasonable respects at Lessee's expense leasing' invastlgaling,
defending, and resolving such claim.
14, jtQturn of Eaulornent. Upon the termination of an Equipment Schedule for any reason, unless Lessaa Is thereupon purchasing the Equipment from {
Lessor, Lessee shall make the f quipment .available for Inspection and pick tip by Lessor or Dealer at LessaWs location at blob the Equipment was used
hereunder. The Equipment shall be returned to Lessor at titre tennfnation of Ibis Lease In the same operating order, repair, condition, 0and appearance used
when received by Lessee, less normal depreciation and wear and (ear (which shall not include damaged. or musing tiros or wh as
1 G, Daf.4211 . The ocourrence of any one or more of the following ravants shelf constitute an "Event aF t]sfault" under this L ease
(s) Default by Lasses in the payment of any lnstollment-of rent.or other charge payable by Lessee under any Equipment schedule as and when
the saute becomes due and payable; or
(b) Default by Lessee in the parfarmenca of any other material tenth, covenant or condition of this Lease or any Equipment Schedule or file
inaccuracy in any material rospect-of any representation or warranty made by the Lessee In th(s 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
(r,) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of dobtors•shall be filed by or against Lessee;
or
(d) The vo►untary or invoitmlAry 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 shalt be appointed; or any formal' or informal proaeeding for dissolution, liquidation,
sott(arment af•rlafms against or winding up of the affairs of Lessee shall be commenced; or
(e) Lessee shelf default tinder any other lease or agreement between Lessee and Lessor [or any of its assignees hereunder]; or
(f) Losse4 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 Insecura.
16, df$a. 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 (he
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 to any covenant or covenants of this Lease, or on account of Lessor's enforcement of its remedies
thereunder; without Ilmiling any other damages to which Loasor may ba entitled, Lessor shall bs ontitted upon an Event of :Default to
damages in an amount equal to all Dent than due but unpaid, plus the aggregate amount of Rent tireraaftsrcoming due for the remaining
fenm of tills Leans, plus Lessor's costs and expenses of pursuing Its remedies hereunder (Including, without limitation, attorneys'. fees), nit us
all amounts received by lessor after using reasonable efforts to sell or re-lensa the Equipment after repossession or fro
the Dealer or any third -party; and m any guaranty by
(d) se►i 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 orally other remedy.
17. ssl W. 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 Losses therein.
18. I&Mg �@ e t tin r . ranflea, Lessee represents and warrants to Lessor that: (a) Lessee has the authority under applicable law to enter
Into and perform t tl la Lease and each Equipment Schedule and rider hereto; (b) Lessee has taken lit necessary action to euthorlxa 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
duty executed and delivered by an authorized.signatory of Lessee and constitute Lessee's legal, valid, and binding obligations, enforceable in accordance
with their (arms; (d) adequate funds have boon budgeted and appropriated to enable Lessee to make all payments required under each Equipment
Schedule to tills 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 . MLSEr)lipti
19, MQU AMINOMto f Funda, Notwithstanding anything contained In this Lease to the contrary, in tho event no funds or insuftiicient funds
are budgeted and appropriated. or are otherwise unavailable by any moans whatsoever for Rent duee under the Lease with respect to a
Equipment Qchedule in any fiscal period after the period in which the term of the tease with respect to such Equipment Sohedufe commences,
Lessee will immediately notify Lessor In writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the test
day of the 08081 period for which appropriations have boon received or made without penalty or expense to Lessee, except as to (1) the
MOM of Rent for which funds shall have been budgeted and appropriated or are otherwise available and (11) Lessee's other obligations and
ltabUlties under the Lease relating to the period, or accruing -or arising, prior to such termination, In the event -of such tormU7ation, Lessee
agrees to peaceably surrender possession of the Equipment to lessor on the date of such termination in tine 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 (1) that it will nat'canoel the Lease* and the tease shall notterminate 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 fuliotlons similar to th+3 functions of the lHquipment for the fiscal period in which suoh termination would have otherwise occurred or for the next succeeding fiscal
period, and (N) 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 III
order le. purchase, lease, rent or otherwise acquire, the use of any other equipment or services performing functions similar to the funotioms of
the Equipment, and If M Lease terminates pursuant to this section, Lessoe agrees that prior to the end of the fiscal period immediately
following the fiscal period in which such terminatton occurs, It will not $o purchase, lease, rent or otherwise acquire the use of any such other
equipment or serylees.
20. pLndinq(ct Sucaessore and l�ssi This tease 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 arty document delivered pursuant hereto or in connection herewith shall survive the execution and
delivery of this Lease and the expiration or other termination of dais Loase.
21. lc s. Any notice, request or other cearrimunlcatlon to either party by the Other shall be given in writing and •shall be deemed received
only upon the earlier of recelpt .or three days after~ mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the oase may be,
at the address for such party sat forth in this agreement or at such changed address as may be subsequently submitted by written notice of
either party.
22, Goveftc, LL •wv, this. Lease and each Equipment Scheduto and rider hereto shall be governed by and construed In accordance with the,
taws of the State wheto •Lessee's principal .administrative offices are located without giving effect to the conflicts of laws principles of such .
state.
23. sa e a t , In the event any one or more of the provisions of this Leese or any Equipment Schedule.or rider hereto shall for any
reason be prohibited. or unenforceable in any jurisdiction, ,arty such provision shall, as to such jurledtction, ha ineffective to the extent of such
prohibition or unenforceabiilty, without invalidating the remaining provisions hereof, any such'prohibition or unanforceabitity in any jurisdiction
shall not Invalidate or render unenforceable such provision in any other jurisdiction.
24. Sign2d CauntgM fia ,a, The parties agree that this Ledso may ba signed in Counterparts, .that delivery of on executed counterpart of the.
signature page .to this tense by fax, email or other electronic means shall be as effective as.deiivery of a manually executed counterpart, and
any failure.to deliver. the original manually executed counterpart sent by fax, email or other elsclronic means shall not affect the validity,
enforceability or binding effect of this Lease, Notwithstanding any other provision of this tease, the sole original of this Lease shell bathe
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, Aft, , e . To the fullest extent per►atitted by applicable lave, Lessoo waives any and all rights and remedies conferred by Sections 2A-
608 through 2A-622 of Article 2A of the uniform Commerolat Code In effect in the state designated in Section 22 above, except to the extent
that such right or remody is expressly granted to Lessea'hore►n.
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 yoar after tho cause of action accrues.
27. ftti�e,j, Mp Un , This Leass and mil Equipment Schedules Arid riders hereto constitute the entire agreement between Lessor and
Loosed with rospeot to the subject matter hereof, and there aro no agreements, representations, warranties, or understandings with respect to
such subject matter except its expressly set forth herein and therein, No alternation or modification of this Lease or any Equipment 5chsduls
or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee.
IN WITNESS WHF-REOF', Lessor and Lessee have caused this Lease to be executed on the date first above written
=QE DOWas Lessee AH O_ t+INA � dg O itt7 S A. s Le sa
.
Fly:
Print Name: ?r D . BU0 forint Nama: Kim Ruiz
�. -
YTitte: M a Yo r Title: president
Page 4 or 4 IVILM006
EXHIBIT A
EQUIPMial< T SCIIEDU.f,F # 11 h5 >I
Dated 0�/i- . MO.t7
1. Tills Schedule eoverg the ft}ilowing property ("Equipment°):
60 DRZA f lOLF CADS
2. Location of Equipment:
BUN.f£L+RHIM GOLF C.OURSF
2200 BUNKER IIILI, RD,
DUBIIQUE, IA $100 t
3. 'file Leaso feral for the 1 quiprn4nt described herein shall commence on consist of G 1ttOntsrnitt Ai'3t iyand shall
, h
the .first clay of tiie tnoiltll following said date.
d, Relitill payments on the l~gUIllinent stilt[] be in the following amounts, payable Oil tine following schedule:
at] I OR11ILY MUMS UMS 1N THE AMOUNT Ors $5,640.00 (,1 ITLIC AULIv TAXVS TO BE HtLLED),
STAWING MAY 2011 AND U NDING OCTC BER 20ZI, DUE TT. -MIST DAY or,
THE MONTU AS IPOLlG.t VV$: ;
May17 $9104D.00 May10 $5M640.00 May-19 $5,640,00 May-20 $5,640,00 May-21$5,640,00 j
Juk-17 $5,64040 Jun-ift- f R 640M Ju11•14 $5,640,00 Jun-20 $5,640.00 Jun-21$5,640.00
Jul-17 $5;640.00 J01.18 $5,640.00 lub19 $5,640,00 Jum $5,640,00 3ul-21$5,610.00
Aup-17 $5,640.00 *tug-14 $5,64D.00 Aug-19 $5,640.00 Aug-20 $5,640,00 Aug-21. $5,640.00 '•
Sep•17 $5,640.00 Sep-i0 $5,640,00 sdP-19 $5,G40,00 Sep-20 $3,640,00 Sep41$5,610,00
0d-17 $S,640.0D LOCI 18 .$5,6i40,00 Ort*19 $5,640,00 OCt-20 $S,640,00 OCk 21$S,64D.0D
it
• f i
S. 111terest Pactt3t':......
G. C1t]ier Terns:
Lessee agrees to refnlburse, Lessor, who shall pay any assessed property, taxes -title on the equipment loused. pursuant to Section
1.2 Mile Molitor Lease Agreenient dated 2 1 ZqLL between the pariicw(tltc"Lease"},
Youlalia [Motor Corporation, ti,.S,A., Lessor aird their respective subsidiaries are not ob.Il ated to perform er provide nny maintenance or
service, under any uireu.nlslances,.uuder the tertns of the Cease, iN.ttints fiance grid selvicc arc the responsihtiity al'the Lessee, .►?aflnrp by
Lessee to alahttain or serWee the equipment consistent With the to nls of (Ito Lease sliitll not relieve Les"o of the responsibilities under the
Lease.
ftae<1 Counter'patis; Tile parties agree Hutt this fixhibit A to (tie tease niay 110 signed sIpii, e0tintetparts, that delivery of an executed counterpart of
the page ttr this Exhibit A to the Lease by lax, email or other. cleCtrt;nic -weans shall be its etrective as delivery of a manually
texecuted
counterpart,' anti any ftilu►'e to deliver the ocightai manually executed counterpart sell( by &C, entail or other ciechxlnir•lnenas Shall not affect the
validity, enfoi-eenbllity or binding effect of this Exhibit A to1he Lease, Notwithstanding any other pmvisl.on Of tile Lease, the sole original -of this
Exhibit A to the Case and the Lease shall be the Ones bearing the manually executed signature of. the Lessor. The Lmsee, by inaking any pitytnent
required under thik Lease, radffes all of the ictrnS of this Exhibit A to file 1,0050 and the Lease
tvfaster Lease: Tills Ex1libit A to the Lease, Equipment Schedule, arc issued pursuant to the Lease. Capitalized terms used herein and not
otherwise defined sliall have the meanings given then, in the LCnsv,
illl trails and conditions, representation's uad wirrrantles of tile Lease are hereby ratified and incorporated heroin and made a part hereofas if
they were expressly sct.forill III this FOlbit A. rquipaient Sclled"le and this l xldbit A, Equipment Schedule, constitutes•a sepprate louse svld,
respect to the Squipment described herein,
LESSEE: I' Y lr J . U LESSOR: YAMAHA MOTOR MANCE CORPORATION, tJ,S.A.
guattti'.....-_ ...... ..... .
yName: ......_......... ._.. ..e .RQ.Y D........Buol Kim Ruiz
Name: .........
Type or print
'Title' Pmsidant
q4,`'VAMANA
Kim
Banker Hill Golf Course
AMORTIZATION SCHEDULE FOR MUNICIPALITY
MUNICIPAL LEASE ACREEMeNT
LE$SEE: Bunker Hill Golf Course
EQUIPMENT SCHEDULE # 116661
Yield. 3.800%.
Due
Totals. 460,200.0 02,260,87
1 InItIalad 8y:
YAMAHA MOTOR FINANCE CORPORATIONr U.S„A.("Yamaha")
6666 Katella Avenue, Cypress, CA 90630
(800) 661-2994, Fax (714) 701«7663
NAME! OF INSURANCt; CENT:
ADDRESS;
PHONE, �
E~-MAIL; Doiinaj-lennessy@yamaha-motor.com
ebri
Please Deference our Quote# 11t;�1
(Customer) Account #
The Customer has leased or will be leasing equipment from Yamaha.
The Customer Is required #o provide Yamaha with the following insurance coverage:
"Ail frisk" Property Insurance covering the property owned by or in whloh 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
Public Liability Insurance naming Yamaha Motor Finance Corp., U.S.A., Its successors and assigns as an
ADDITIONAL #NSURf!D with the proceeds to he: payable first on the behalf of Yamaha to the extent of its
liability, If any. "rho amount of the public Liability Insurance shall tart be less than $1,e700 00q,00
combined single linjit.
Each policy shall provide that: (I) Yamaha will be given not less than thirty (30) days prior written notice of conceilatlon
or non -renewal, (il) it is primary Insurance and any other Insurance covering Yamaha shalt be secondary or excess of the
policy and (lii) In no event shall thO policy 40 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 ouch coverage should be mailed to Yamaha at the following address,
YAIMAHA MOTOR FINANCE CORPORATION, U.S.A.
Attn: Commercial Finance Group
6666 Katella Ave
Cypress; CA 90630
Yotir prompt attention will be. appreclatod.
Equipment Covered:
-G4.PRRA.90V CARS.. _ ........ ._..._ _... _._.....
Equipment Location:
2209St;'NKgR HILL RD.
V9j39q40, la
Vary Truly Yours,
.- TY.WousU, i219.__.- .......r .
_...............
466na-
of At�thorl d Officer)
r
Titlo:.. Mayor. .
CERTIFICATE OF ACCEPTANCE
This certifcate is executed pursuant to Equipment Schedule No,
dated to the Master tease Agreement: dated
between Yamaha Motor inanc� Gor oration, t1. s.A.
(the "Lessor") and
(the "Lessee"),
The Lessee hereby certifies that the Equipment set forth below, as also described in the above
Equipment Schedule, hao, been delivered and accepted by the Lessee on the Commencement .Sate
shown below.
EQUIPMENT SERIAL
QUANTITY TYPE/MODEL NUMBER
NBWIUSEB LOCATION
60 UR2A GOW CARS See
NEW ' SUNKC-R HU GOLF COURSE
Attachment
220 13UNKRR HILL RD,
OUBUOUR, IA 62001
ADDITIONAL CONDITIONSfSPBCiAL TERMS:
Please return this .certificate ms yQur acknowledgment of the above Commencement mate and acceptability
of the Equipment,
C. y01 C1U13
as Lessen
4y By
Name: Roy D . B"01
Title,
PLEAS $END YOUR PAYMENTS TO: YAMAHA MOTOR, FWANCE CORP., U,S.A.
3352 Momentum. Taco
Chicago, IL �0689•5333
INVOICE NUMBER: MARS 118561
;data PrspMOf. 09/9,912a17
CITY OF DUBUQUE
2200 BUNKER HILL RIB.
DUBUQUE, IA 32001-
i jt'%�.11 ''j:/•Y�:ift� •�4:lr,.V{y.^��M/.41)/.�•A/)}4: i�Pr.,�tyi:.rY (r.v.ve J*N•'.m)3•vi•>LI`AyrFW.9]aYry..f./:tfp;9�4t.r dr•: a:'J'it:4 (ri h:A.:.t..!•:N sf .n •.f•yl qY n't3)'.'J.tjQ':t?w'F1:d: it• A�tt:M1�.l+)Y..b••xY'Fnu
.i1{.�U� {✓N4R'tti':HtiC./t:61.i• u'ote Ngrf:'iii7,):T•Jl:µ.A:h �4Scr {�t.lf {Ir;.�+ran;�i�m;mF•.tx..r.,n',v'.fnr..:,. 1•ir�C%�i%Y IJ(i�
n' d iilX;t!.4YAY:p.':Y'.:tl iA•:eY1..x.;f..M.W)q•.It ti Il:ir:.
910601 00 DR2A GOLF CAnS forMuntoslpat Leuse
Cars /oodad et: PUN1KER HILI. OOL,F CoLipSE:
00/2017 payment
Payment Tax $0.00
YOUR ACCOUNT BALANCE IS Yd.b»r-•4 bsMwr $6,640.00
A•:ANiJ/•YH.:S•`r9i?k)dY.:N.'a4.il:d/i5)i4!itl'4IGe,'A•'.'!<'ig...?'.:yty.•q;1J'�q"•.4'„1�yQJ•.il'S0`nr,'#t.tt.U::A•:'s'17'gr'y'.ry:.y{'N'A'Wit..i vYi q•.lrLv.vu�..Y.wr!:.i.1.i:,3!ta�.,u i.P:9Cit^.1'Y!)."n t. N.l
Please •raturn tho bottom portion with your remittance. -include the lease number .on your
chock. FOR BILLING ► Wl STII`J.NS, CALL YAMAHA Commorclat Finanae AT 1.800-661.2094.
-------- r--------.—m'----rr..rauW.x.L...bv--------WMAi10.-------.d-M.----- aw rW Ff
'YAMANA
Payment for:
CITY OF DUBUQUE
2200 BUNKER HILL RD.
OUBUQUI~, IA 52001
PLEASE SPEND YO(JR PAYMENTS TO: YAMAHA MOTOR fINANCE *COPP., U.S.A.
3362 Momentum Place
Chicago, IL 80888»5333
'INVOICE NUIl 85R MAN 116561
.Ptrte P'raptrredt 0,2/13/2017
116601 7ber ,Amount Rd 5qto paid-, Check Ntnnber
ACH ! ONI,I•NE PAYMENTS AGREG;14 EN'i'
a T' [ '
Yamaha Motor rinitnce Corporation, U,y,A (''Yt►ntaha"), located sit 0555 1Catella Ave, Cypress, CA 90630. seeks to
provide Customer with the ability to make payments electronically through the Automated Clearing Flouse system
C'ACI•I System") to the Account, as defined helow., in satisliictlrnt of Customer's phytncttt obligations to "Yauia4ha mid
Customer desires to use tine ACM Systcm to transfer bards from the Account, as defined below, to Yamaha in
satisfaction of. Its payment obligations fit accordance with tine terms sot forth below,
NOW, TfII?I2L"PORR, ht consideration of the promfses trod tine nttittial covenants heroin contained and other good and
valuable consideration, recolpt and suffieteney of. witioli the parties hereto acknowledge, It is lioreby agrood us lollow•s;
I, ston er' c g l%, Customer shall complete late attached Authorization Agreement for Direct Payments form
("Application"), nitd allow Yamaha to initiato debit entries through the ACH System to Customer's Account, as defined
below, to collcot amounts owed by Customer to Yamalta. Customer $hah provide certain hilbrmalion required by the
Application, including Information regarding Customer's batik acid bank account (tile "Account') through which
Yantabtt will initiate the debit entries authorizod pursuarit to. this Agreement. Customervvill imniedintoly complete and
deliver to Yamaha nn updated Authorization Agreemont frorn time to tinte if any information regarding the Account is
changed or is inaccurate. Yalitaha willthereuPbu enter such MW tnfolntatian regarding tho Account into the. ACH 1,
System. C'ustonxer will execute such agreements that are required by C:ustoinees bank to allow Yamalta to hatinte the
debit entries to Account, and to remlve the corresponding payments. t"
2, AMPLOKIK84911, Lot ACI;t vme't . By entering Into this AR'reernent, Customer irrevocably authorizes Yamabn
during tltc term of their t,qulpnnent Schedule, to Initiate debit entries through the ACFi System to the Account. to pay .
Customer's obligations, and to take possession of fluids in the .Account for application to such obligations, if a 2:
Customer's debit tralisaotion 1s rejected by the Customer's tiank forxcosons such as noli�sutliciont funds, Yamalta shall {;
have file right to charge Custontor's Account a fern of Fifty Uolian ($SQ) to cover admhtistrativo. COIL,,; as5nefttt0 will,
the rciected paylnent,
1. lE.lntitutlon of ILiability for it Ii vc" Yamaha will not be linble for the act or Omission, of any Automated ).
Clearing House, t rtaliciai iftstituflon, or any person who fins. obtained nnnuihorized access to the ACTT System.
Custatner ackuowledtWs that if any error occurs fn the ACT{ System (104419 process, and -Customer will Itnntediately
notify Yar,ntlra. if the alttdunt of any debit entry which Yamalta initiates exeeeds the amount owed by Customer.
Customer agrees, howevor, that Yamaha's liability for any such error will be iltnited to a credit by Yaniahn to the
Account In the anioulit of the entry which exceeds the amount owed by Customer, and in no event will Yamaha be
liable to.Customer for any consequential, spectal or incidental damages.
4. Ndl_eoj, Any written notice or other written corumunicatlon required or permitted to be givers under tits tlgrcclnent
shall he delivered, or sent by United States certftied mall, return rccoipt requested, to Yaninlia unless another itddress is
substituted by notice delivered -or sent as provided he:reiti. Any such Nticc will be decntad given vdtoil received, (:
5. TertrtInatfan. This agrecment, if required by Ya.mahil as a. credit conditionof this account, will. ()Illy he terininated
at the end oldie term of tine Equipment Schedule or after all payments oil the F,quipmcnt Schedulo havc been satisfied,
If not it credit condition requirement, Yamaha or Customer inay terinfnato this agreement at•any time by giving thirty
(30) days prior written notice to the other party.
6, ern i Lpt v. This Agreement shall be governed by and construed in accordance with the laws of the State of
CitNfarnlativitltcautuegard to conflicts of law principles thcreor: Any dfsptnes, elaints aitd cantroversfes arising nut oYor
tlitttctly or indireotly relathig to.this Agreement, or the breach, invalidity or torn,ination thereof, shall be seulcd by
binding arbitration to be held to Grange County, California.
7, k t t.kl,�I=t, This Agreement embodies the centre itfaeenrent of titc parties wide respect to tine subject: tuatter
hereof, and supoesedes till previous nogotiations, ropresentatlous, and agroenients with respect hereto, and shall he
binding upon the pathos hereto. This Agreement may be arneaded only by a writing signed. by built par Iles. In tine
ovent that any provision ofthis Agreement shall be held involid, illegid or otherwise unenforceable for any treason in
oily jurisdiction, the validity, legality and onforccabiifty of the remafning provisions or obligations, or 61' any such
provision orobligation in any other jurisdiction, shall not funny way be affocted or linpafred dtoreby, Customer cannot
assign this AWeetncnt without Yarnatia's prior wrhtcn consent. Headings arc used for reference putposes only, and are
not part of thts Agreainent. The fitilure by'ofther party to cntorce or take ndvantoge of any provision hereof $hall ,tot
eousiltute it waiver of the right subsequently to enforce or take advantage of such provisions. The parties nifty rely on
ally filesin fle Copy, electt'onle data transmlmlon or eleetrolife data storage of this Agreement, wltfcln will be dcenl6d an
original, and they best evidence thereof, for all purposes.
Addrom for Deliver of Notice.
Yamalta Motor Finance Corporation, U.S.A.
6555 Katella Avenao, C'ypeess, CA 90630
Attention; rgme 5t r w ssistu tt Dcpartn►ept lylnnagc„'
Pagel 1 of 2 ACH0006
Nu'1'HORIZATION AGREEMENT FOR DIRECT I'A.YM1wNTS (ACII Dr-,Bj'rs)
Customer Name OF DURUQU
CustomerNutnber
Contact Phone Number
I (Cve) hereby authorize Ynnlatia motol. rintlnee Corporation, TJ,S.A., and its affiliates hercitlafter called Yamaha, t(
initIttte debit entries to my (our)
Checking Account or
Savings Account
Indicated below at the depository rmancial lustitntion named below, herea-ter called Dapository,'and to debit the
saute try such account. I (we) acknowledge that the Origination of ACH ttansacttoos to my (our) account must
comply withthe provislolls of U,S, law.
Depository Name
Brunch
City
Rank Routing Number_
llailk Account Nuhiber
r- Please Indiente with 1011COWltark dint there is no debit Mocking On your 0000uut that would prevenC Yamaha
front debiting your account according to the provisions of tagreement. he ACH agreent.
"Gills authorization is to retr►tthi In foil force and effect andcan olily be terminated undoi• the terltls provided under
Pkaragrapll S.
By signing below, Customer acknowfodges its agreement to the terms of the ACH / Online payments Agreement s(
forth oil the reverse Side of tills doculltelit.
(Please Print)
I'aSit'roal(s)� _ (Please Print)
�(a)ntst be an miler or officer of the company)
8igua ure(s) .. .
Date
INSTRUCTIONS VQR ESTABLISHING ACII ACCOMT:
Please forward this execltted agreement, AWA Wif a. vai09Al eck, to the following address:
Ytlmalla Motor Finance Cnrporatiolt, U.S.A.
6555 Ratella Avenue;
Cypress, CA 90630
Or. Fox to 714�76t-7363
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