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Golf Cart Lease with Harris Golf Carts 2017_Yahmaha Copyright 2014 City of Dubuque Consent Items # 4. ITEM TITLE: Golf Cart Lease SUMMARY: City Manager recommending approval of a 5-year lease with Harris Golf Carts for 60 Yamaha golf carts for the Bunker Hill Golf Course. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Bunker Hill Golf Course Cart Lease Agreement-MVM City Manager Memo Memo Staff Memo Bunker Hill Golf Cart Lease Agreement Staff Memo Harris Golf Cart Proposal Supporting Documentation Golf Cart Lease Supporting Documentation Request for Proposals Supporting Documentation THE CITY OF Dubuque DUB E i" Masterpiece on the Mississippi 2007.2012.2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bunker Hill Golf Course Cart Lease Agreement DATE: February 15, 2017 In response to a RFP for a new 5-year lease for golf carts, only one proposal was received. Leisure Services Manager Marie Ware recommends City Council approval of a 5-year lease with Harris Golf Carts for 60 Yamaha golf carts for the Bunker Hill Golf Course. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager THE CITY OF Dubuque 10 All-America City Masterpiece on the Mississippi 2007•2012 •2013 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Bunker Hill Golf Course Cart Lease Agreement DATE: February 14, 2017 INTRODUCTION The purpose of this memorandum is to request City Council approval of a 5-year lease with Harris Golf Cars for 60 Yamaha golf carts for the Bunker Hill Golf Course. BACKGROUND The previous 5-year lease expired at the end of 2016. An RFP for a new 5-year lease was advertised in January of 2017. Staff received 1 proposal from Harris Golf Cars (Harris). If awarded, this would be Harris's3 rd 5-year lease with the City for golf carts. DISCUSSION Harris is a local Dubuque based company with a national reputation of quality service and product. Their proven ability to service the carts as well as provide replacements in a timely and efficient manner has added to the courses' reputation and customer service level. Staff has been very happy with the services and responsiveness of Harris during the previous year's agreements. The proposal received for 60 new Yamaha golf carts is less per cart then it had been for the previous two 5-year leases. In FY1 6 golf cart rentals (10034200-43250) generated $218,220 in revenue with an expense (10034200- 62747) of$39,600. As a major revenue generator for the course and in a time where prices continue to increase, a reduction in cost of this service is beneficial to the golf course operations. The Park and Recreation Commission reviewed the proposal and voted at the February 14, 2017 to recommend acceptance of the 5-year lease for 60 Yamaha golf carts from Harris Golf Cars. The City Attorney's office has also reviewed and approved the agreement. BUDGETIMPACT The following chart provides a summary of the past versus proposed expense of the cart lease showing a savings of$3240 or $648 a year. Lease $ Per Cart Total Cars $ Per Month Months Total Past $ 95.80 60 $ 5,748.00 30 $172,440.00 Proposed $ 94.00 60 $ 5,640.00 30 $169,200.00 Savings $ 3,240.00 ACTION REQUESTED I respectfully recommend and request City Council approval of the 5-year lease with 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 2 REQUEST FOR PROPOSAL (RFP) THE CrrYOF ISSUE DATE: January, 25 2017 CONTACT: Dan Kroger DT 7R PHONE NO: 563-589-4310 l.J 1J FAX NO: 563-589-4391 Masterpiece on the Mississippi EMAIL: dkroger@cityofdubuque.org SUBMIT PROPOSAL/OFFER PRIOR TO: SUBMIT TO: CLOSING DATE: February8, 2017 See Page 4 CLOSING TIME: 12:00 P.M. local time FAX/EMAIL NOTACCEPTED DESCRIPTION: 5-Year Lease of 60 Golf Carts for the Bunker Hill Golf Course RECEIPT OF PROPOSAL ACKNOWLEDGEMENT If you are considering a response to this RFP, please mark the box to o the left, fill in the information below and return this sheet as a confirmation that you received this RFP. NO RESPONSE REPLY E:) If you do not want to respond to this RFP at this time, please mark the box to the left, fill in the information below and return this sheet only. COMPANYNAME: DATE: MAILING ADDRESS: CIN/STATE: ZIP CODE: AUTHORIZED SIGNATURE: PRINTED NAME: TITLE OF AUTHORIZED REPRESENTATIVE: EMAIL: PHONE: 1 THE CITY OF DUB E Masterpiece on the Mississippi Request for Proposals 5-Year Lease of 60 Golf Carts for the Bunker Hill Golf Course Leisure Services Department 2200 Bunker Hill Rd Dubuque, Iowa 52001 2 INTRODUCTION The City of Dubuque, Leisure Services Department, is seeking a vender to lease 60 Golf Carts for use at the Bunker Hill Golf Course located at 2200 Bunker Hill Rd. in Dubuque. The lease would be in effect for a 5-year period from 2017 to 2021 . Proposals will be reviewed by the Park and Recreation Commission with a recommendation made to the City Manager and Council. SCHEDULE Release Request for Proposals 01/25/2017 Deadline for Questions 02/03/2017 Proposal Due Date 02/08/2017 Contract and Insurance Work with Chosen Vender 02/10/2017 Recreation Commission Approval of Recommended Vender 02/14/2017 City Council Approval of Recommended Firm 02/20/2017 Earliest Start Date 03/01/2017 PROPOSAL EVALUATION In general, the proposals will be evaluated based on, but not limited to, the general evaluation criteria stated below and the completeness, clarity and content of the proposal. Vehicles a) Year, make, model b) Quantities and colors available c) Ability to meet minimum specifications d) Additional features e) Adaptive cart and guidelines Qualifications. Experience. Service. and Documentation a) Relevant experience of key personnel, including assigned Project Manager b) Availability of factory trained service technicians c) Knowledge, experience and demonstrated success with providing similar services to other municipal golf courses or resorts in similar geographic area. d) Established record-keeping system for documenting maintenance history of each golf car e) Financial responsibility/stability f) Availability and pricing on tournament cars Financial Proposal Company Responsiveness to RFP a) Total scope of services proposed 3 b) Demonstrated understanding of the project c) Proposed timeline and plan of Services d) Reponses to overall proposal and compliance with submission guidelines e) Proposal presentation (completeness, organization, appearance, etc.) AWARD Any award(s) made by the City of Dubuque is subject to prior approval by the City of Dubuque City Council. Award shall be made to the Proposer submitting the most responsive proposal which offers the greatest value to the City regarding the criteria detailed and the specifications set forth herein. The City reserves the right to accept or reject any or all proposals; to resolicit the proposal; to award proposals item-by-item, by groups or lump sum; and to waive technicalities and formalities where it is deemed advisable in protection of the best interests of the City. The City may negotiate changes with any proposer. The City of Dubuque is not liable for any cost incurred by any proposer for submission and execution of this agreement. Also, the City has the right to terminate this agreement for any reason. SUBMISSION REQUIREMENTS Proposals must be submitted no later than 12:00 p.m. on Wednesday, February 8, 2017. DAN KROGER RECREATION DIVISION MANAGER 2200 BUNKER HILL ROAD DUBUQUE IA 52001-3010 dkrogere-cityofdubuque.org 4 sewtho love° , 101h.01% ' on-skp p Iowa Location: YAMAHA N. Cresnent Binge Dubuque, IA UG0 1111ri,oils Location. 549 Hearttand Drive, Sulte A- Su,gar Grove, IL 0554 A G6 G. 0 LL F C A, Wisconsin t,otation ,00 Le l bir Road ..Stu rt vane, W1 53177 February 8,2017 City of Dubuque Leisure Services Department 2200 Bunker Hill Rd Dubuque, IA 52001 Ladies and Gentlemen, Harris Golf Cars is a thirty-eight year old family owned Yamaha factory distributor. The support and encouragement of both our long time and new customers has resulted in Harris Golf Cars earning both the prestigious Double Eagle and President's Council Yamaha corporate awards. These acknowledgements position Harris Golf Cars as one of the top Yamaha Golf Car Distributor in USA. We are dedicated to serving the golf community in N. Illinois, Iowa, E. Nebraska and S. Wisconsin where we provide the highest quality products and factory-authorized service to that growing market. The Yamaha Drive has again been named Golf Car of the Year by The Boardroom Magazine, the organization dedicated to educating the private club industry. This is a great honor which recognizes Yamaha as the leader in innovation and technology in the golf car industry. We are pleased to have the opportunity to provide premium Yamaha products and service to the City of Dubuque for the enjoyment and safety of its patrons. We look forward to your continuing membership in the worldwide Yamaha family of satisfied customers such as the City of Davenport, City of Cedar Rapids, City of Coralville (Brown Deer), Eagle Ridge Resort, Cog Hill, Cedar Rapids CC, Elmcrest CC, and Dubuque Golf & CC to name a few. The enclosed packet outlines our proposal for your facility to upgrade the golf car fleet. We are confident the technological advances engineered into our Yamaha "Drive" golf cars will enhance the golfing experience of your patrons in addition to increasing profits to the City of Dubuque and Bunker Hill Golf Course. We appreciate your consideration in updating your fleet to our premium Yamaha golf cars. I personally look forward to a continuing business relationship. Sincerely, / w Scott Harris, President Harris Golf Cars 155 N Crescent Ridge Dubuque, IA 52003 � 2, V Serving Iowa, Illinois, Nebraska & Wisconsin Iowa Location: OMAHA 155 N. Crescent Ridge • Dubuque, IA 52003 ARRIS Illinois Location: 4A 549 Heartland Drive, Suite A • Sugar Grove, IL 60554 Nebraska Location: LF CA 1020 S. Highway 30 • Blair, NE 68008 • - Wisconsin Location: 13900 Leetsbir Road • Sturtevant, WI 53177 Expressly Prepared for: Bunker Hill GolfCourse Dubuque, IA was Presented By: Scott Harris President rtiaD —01WO rww.harrisgolfcars.com -- Serving Iowa, Illinois, Nebraska & Wisconsin Iowa Location: YAMAHA 155 N. Crescent Ridge • Dubuque, IA 52003 Illinois Location: il-- -AARRIS 549 Heartland Drive, Suite A • Sugar Grove, IL 60554 Nebraska Location: LF CA 1020 S. Highway 30 • Blair, NE 68008 Wisconsin Location: 13900 Leetsbir Road • Sturtevant, WI 53177 EQUIPMENT DETAIL: ➢ Sixty(60)—2017 Yamaha Driven Gas Golf Cars w/4-Yr.Warranty: —Color choice—Glacier or Sunstone —ClimaGuard Sun-Top w/Gutter System —Wheel Covers —Custom Club Logo —Fleet Numbers —Delivery&Set-Up PRICING PROPOSAL,DETAILS&TERMS: 56-MONTH LEASE: CARBURETED GAS GOLF CARS ➢ $94.00 Per Car/Per Month x 60 Cars=$5,640.00 Monthly(May—Oct)x 30 Months=$1695200.00 56-MONTH LEASE:EFI GAS GOLF CARS ➢ $102.50 Per Car/Per Month x 60 Cars=$6,150.00 Monthly(May—Oct)x 30 Months=$1841500.00 o Quote Does Not Include Any Applicable Taxes. o Delivery proposed for April 1,2017 with first payment on new lease to be May,2017. Accepted By: Date: Bunker Hill Golf Course—SSiignature Bunker Hill Golf Course—Print � p Accepted By: 54eVL'v. �Yye z,•, �1 Date: ' 1 Harris Golf Cars Signature Harris Golf Cars—Print MEN 3 w.harrisgolfcars.com Serving Iowa, Illinois, Nebraska & Wisconsin YAMAHA Iowa Location: 155 N. Crescent Ridge • Dubuque, IA 52003 Illinois Location: AARRIS'.'. 549 Heartland Drive, Suite A • Sugar Grove, IL 60554 Nebraska Location: LF CA 1020 S. Highway 30 • Blair, NE 68008 • . - Wisconsin Location: 13900 Leetsbir Road • Sturtevant, WI 53177 PROPOSAL CONDITIONS WARRANTY&SERVICE: Please find the enclosed copy of the 4-Year Warranty offered to Bunker Hill Golf Course by the Yamaha Golf-Car Company. Harris Golf Cars is the authorized Yamaha Service Representative who will be responsible for all warranty and requested service work. As you have experienced,a dedicated service technician is a real asset to your facility because of his availability,reputation and the number of satisfied customers Yamaha has in your area. GOLF COURSE FLEET MAINTENANCE RESPONSIBILITIES: Please see the enclosed statement of Warranty for the fleet of cars proposed for Bunker Hill Golf Course. For our Carbureted and EFI Gas Car,please perform Service once per year(Oil Change,Filter Change,New Spark Plug and Fuel Element blown out)and Clutch Belt Maintenance(Replacement every 2-3 Years). Please keep in mind that failing to perform routine golf car fleet maintenance could void warranty coverage on resulting damage. Your cooperation is greatly appreciated. CONCLUSION: This Proposal is valid for 30 days,does not include any applicable taxes and is subject to the credit approval of Yamaha Commercial Customer Finance. This Proposal constitutes the entire understanding and agreement among the parties hereto relative to the subject matter hereof and supersedes all prior agreements and understandings between the parties,whether oral or in writing. Either party has made no representations or promises to the other with respect to the subject matter of this agreement,except as set forth in this agreement. Please return Signed Proposal to Harris Golf Cars President,Scott Harris,either via Fax or Email: Fax: (563)582.6863 Email: sharris@harrisgolfcars.com I have read and agree to the above Proposal Conditions (Initial) THEA ; ww.harrisgolfcars.com Serving Iowa, Illinois, Nebraska & Wisconsin Iowa Location: *YAMAHA 155 N. Crescent Ridge • Dubuque, IA 52003 11ARRIS Illinois Location: 549 Heartland Drive, Suite A • Sugar Grove, IL 60554 Nebraska Location: LF CA 1020 S. Highway 30 • Blair, NE 68008 • - Wisconsin Location: 13900 Leetsbir Road • Sturtevant, WI 53177 HARRIS GOLF CARS LEASE ON-CALL SERVICE CONTRACT This service agreement shall be between the Customer,Bunker Hill Golf Course,and the Provider,Harris Golf Cars. HARRIS GOLF CARS SERVICES PROVIDED • All recommended preventive maintenance as prescribed by Yamaha. • All warranty repairs and updates • Repair normal wear&tear items including tires&wheels. • On-Call service visits to inspect and repair vehicles to ensure Customer Satisfaction. • Annual Reconditioning.Complete inspection and repair of all components including but not limited to: steering,suspension, brakes,acceleration,electrical,drive train,clutches,batteries,tires,etc. All cars will be returned to manufacturers specs for safety and reliability. CUSTOMER RESPONSIBILITIES During the term of this agreement,Customer shall complete the following services at Customers expense: • Perform daily pre-operation inspection • Maintain all fluid levels and provide clean fuel or full battery charge • Clean and Secure cars • Damage repairs from accident,abuse or negligence.Harris provided on a time and material basis. DEFINITIONS Preventive Maintenance:All preventive maintenance as prescribed in the Genuine Yamaha Maintenance Chart including parts&labor. This contract requires the use of Genuine Harris/Yamaha Parts only. Warranty:Any repairs made due to a manufacturer's defect during Yamaha's limited four-year warranty period.This includes provision for daily 36 hole 48V battery performance during four year warranty in addition to all recalls and factory modification campaigns. On-Call service visit:Service visits to inspect the vehicles to ensure Customer Satisfaction and to perform prescribed maintenance, warranty repairs or normal wear and tear repairs as required. Normal wear:A part that wears out or fails due to normal wear and tear,including tire/wheels.This does not include repairs caused by damage,abuse or negligence. Harris Golf Cars will perform those repairs at Customers expense. ADDENDUM Cars covered by this contract,DR2AQIW Quantity 60.This agreement shall be for the period of 4/1/17 through 12/1/21.Harris Golf Cars has the right to cancel this contract if Customer fails to execute the Customer Responsibilities described above. PAYMENT SCHEDULE This agreement is provided as a complimentary service and is an integral part of the lease/purchase contract. CUSTOMER SIGNATURE CUSTOMERTITLE DATE DISTRIBUTO SIGNATURE ��f DISTRIBUTOR TITLE DATE G��` Vi1 10110111 se. -e �ruw.harrisgulfcars.com whom*.. I= Iowa Location: 155 N. Crescent Ridge g Dubuque, 1A B2003 ARXIM Illinois Location- NOW, ocati n- .._ 649 Ha rtEand rive, u t - Su r Grove, IL � 4 6 As G i onsfn Location: 1 9th L ast I � � Sturtevant, I 7 City of Dubuque RFP Issued January 25, 2017 Overview of Harris Golf Cars Harris Golf Cars evolved from a company founded in 1979 by Terry Harris and his partners, Vern and Lenny Sindt. The Sindt family had a long background in the motorcycle industry and were the franchise sellers of Yamaha, Honda, Kawasaki, and other brands. When Yamaha introduced the golf car into the United States in 1979, the partnership was formed to be the Yamaha Distributor in Eastern Iowa. The business grew steadily for the next 20 years through the sales efforts of Terry Harris who was very active with the Iowa PGA Section. In 1999, Terry bought out the other partners and his son Scott Harris joined the company full time to head up sales and operations. Also joining the company was Terry's son-in-law Steve Haldeman, who has a background in accounting and finance. The company relocated to a larger facility in Peosta, IA at that time. In 2002, business was growing. Yamaha rewarded the Harris organization with the opportunity to become the distributor in Northern Illinois and Harris acquired the existing company operating out of Sugar Grove, IL in the Chicago market. Through increased selling efforts and by offering superior service, Harris has grown the IL market from 5% market share to over 30% market share in the past 15 years. In 2007, Harris purchased and moved into a larger 14,000 square foot building with a large adjacent storage area to accommodate its growth and has now expanded to 25,000 square feet of space. In 2008, Yamaha again approached Harris and offered additional territory in Southern Wisconsin. Harris acquired the distributor location south of Milwaukee in Sturtevant, WI. With 3 locations forming a triangle, Harris was able to provide a team approach to service covering the area from all 3 locations. Harris has continued to grow through increased market share in all of the areas serviced. Harris has also built a network of dealers throughout their territory. These dealers are able to offer retail sales and local service to some of the smaller communities throughout the area. In 2013, Harris again expanded their territory to Western Iowa and Eastern Nebraska. Harris welcomes the challenge of developing an underserved market and gaining market share through aggressive sales and exceptional service. ' '' Iowa Location: 15,5 N, Crescent Ridge g Dubuque, 1A UG03 ARR iitiindis Loeaffon: AN& .n 549 Hearttand Drive, Suite A- Sugar Grove, RL 6,0554 U":L CAWiscontin L"ation: 13900 L o z tr Road - Sturtevant, W 153177 In October 2013, Harris purchased a 34,000 square foot office and warehouse building in Dubuque, IA which now houses the corporate offices of Harris Golf Cars along with our national parts warehouse, fleet services, retail showroom, and dealer services. Over the past 38 years, Harris has grown from selling 100 golf cars per year to now taking delivery of over 2,500 new golf cars from Yamaha every year. We have continued to expand our parts and service departments as well as sales in both fleets and individual retail cars. Revenue has grown steadily over the years and now tops $20 million in annual sales, leasing, parts, service, and rental revenue. Harris Golf Cars is a very stable company financially and partners with financing sources from Yamaha Leasing, Wells Fargo Financial, VGM Financial, Dubuque Bank & Trust, and US Bank. Harris Golf Cars is an equal opportunity employer and strives to have diversity in the work force. Harris currently employs 36 full time and 4 part time employees. Through the company we have 14 factory trained technicians that can repair golf cars on location or in our efficient work areas at each of our locations for the occasional bigger tasks. Harris Golf Cars works closely with professional organizations like the Iowa PGA Section, Golf Course Superintendents Association, and Club Managers Association. Harris provides financial support to these organizations as well as being active in their events. This keeps Harris in touch with the industry and builds personal relationships with members. Harris is also an exemplary corporate citizen and contributes to many charitable organizations as well as Universities and High Schools throughout our territory. We are involved with the Iowa PGA Section professionals to bring SNAG golf to our elementary students to introduce the game to the future golfers so the industry reverses the shrinkage in participants that has been seen in the past years. We are involved with several Veteran organizations including the GIVE Foundation, Folds of Honor, Patriot Golf Classic, and Wounded Warrior Project to name a few. One thing that will never be compromised through growth is the attention to each customer and providing the best service to our fleet customers. The City of Dubuque is a large part of our success and we are proud to be a long standing partner with the City administration, facility staff, and continued success of the Dubuque Leisure Services Department. SerWhy#ova., lftfhola, Nebraska Wise mohp ' ' Iowa Looatlon 155 N. Crescen t Rid go w 0ubu , to 452 G03 Illinois Location: 549 Hoartt nod Drive,; Sprite A" ogar Grove, 1L 6,0554 GU%J A is F n lis on fn Location, 13900 Le sit Road ,.StlirtevaInt, W1 5317 ' City of Dubuque RFP Issued January 25, 2017 Harris Golf Cars Organization and Service Experience The City of Dubuque and Bunker Hill Golf Course will be serviced from our corporate location at 155 N Crescent Ridge, Dubuque, IA 52003. This facility is a 34,000 square foot building that Harris purchased and occupied in October 2013. This facility contains our corporate offices, a large showroom area, our national parts warehouse, indoor golf car storage area, and of course our award winning service department. This is Harris' largest location. Harris Golf Cars employs 36 full time and 4 part time employees at all of our locations. About half of all employees are based out of Dubuque. The Harris ownership and management team of Scott Harris, Terry Harris, and Steve Haldeman are all headquartered in Dubuque. We have 2 employees in accounting and administrative, 2 employees in our parts department, 7 employees in our service department, 3 delivery persons, and 2 general operations employees. The primary contact people at Harris Golf Cars that will serve the City of Dubuque are as follows: Scott Harris, President— Scott is the lead sales person and customer satisfaction contact for the City. Scott has been full time with Harris Golf Cars since 1999 but has been involved with the company since its inception in 1979 working part time doing many facets of operation. Scott joined the company full time as Vice President concentrating on outside sales and was named President of the company in 2004. In his role as President, he oversees all sales and operations at all 4 locations while still remaining active in the direct sales contacts through the territory. Steve Haldeman, Vice President— Steve is the primary contact person for financial matters and working with the City on leases and any invoicing issues. Steve has been with Harris since 2000 and was a CPA in public accounting and banking prior to joining the Harris team. Mike Piersch, Service Manager— Mike will be the primary contact for all service related questions and service requests. Mike has been in the golf car industry as a technician for 15 years and has been with Harris Golf Cars since 2009. Mike's strong mechanical background, great customer communication, and work ethic has allowed him to be promoted to Service Manager where he fields customer calls, organizes the service routes at customer locations, 61YAMAHA Iowa Location- 155 N. Crescent Ridge,, Dubuque, a200 A R Illinois Location: 649 Heartland Drive, Seita A- u r Grove, IL 00554 (I Ja L F CA lsconsfn Lo atlon: 13900 LoelsWr ftad - Sturtevant, W1 53177 provides the service technicians with initial diagnostic and work orders, and oversees the operations of the service department. Mike is also responsible for follow up with customers after service is performed to ensure customer satisfaction. Kelly Hines, Office Manager— Kelly has been with Harris Golf Cars since 1999. Kelly is the point person in the Dubuque office for customer calls, taking reservations for tournament fleet cars, and handles the accounts receivable and accounts payable for the company. Greg Doschadis, Parts Manager— Greg joined the Harris team in 2008 after many years of parts experience in the ag industry. He works with the service department internally to make sure we are adequately supplied with necessary parts for any repairs performed on the fleets. He manages over$800,000 in parts inventory and coordinates parts movement between all of the Harris locations. Greg also works directly with our customers to provide quick and accurate shipping of parts to customers that are not covered under our fleet lease service such as City owned utility vehicles that are maintained by City employees. The Dubuque location of Harris Golf Cars services over 120 golf course clients and performs service on thousands of golf cars annually. We are very well equipped to continue to offer the City of Dubuque the best service available in the industry. Our proven history over the past 38 years and the growth we have had is testament to our dedication to our customers. AYAMAHA YAMAHA GOLF-CAR COMPANY LIMITED 4-YEAR WARRANTY FOR DRIVE GOLF CAR Yamaha Golf-Car Company hereby warrants that any new Yamaha DRIVE2 Gas or DRIVE2 Electric golf car purchased from Yamaha; or an Authorized Dealer or Distributor in the United States will be free from defects in material and workmanship for FOUR years from date of purchase, subject to the stated limitations. DURING THE PERIOD OF WARRANTY, any authorized Yamaha golf car service technician,dealer, or distributor will, free of charge, repair or replace, at Yamaha's option, any part adjudged defective by Yamaha due to faulty workmanship or material from the factory. Parts used in warranty repairs will be warranted for the balance of the vehicle's warranty period,All parts replaced under warranty become property of Yamaha Golf- Car Company. Common Parts Electric Car(DC or AC inotor)Specific Frame Limited Lifetime to Original owner Battery-Trojan'T$75'with 4 Years or 25,000 amp-hours Transaxle 4 Years HydroLink Watering System whichever comes first Pedals 3 Years "Data'4ed concRi n on the next page Brakes(excluding shoes I pads) 4 Years Electric Motor 4 Years Electrical wires,switches and relays 3 Years Motor Controller I Charger 4 Years Suspension i Steering components 4 Years Charger Cord 4 Years Seats 2 Years charger Receptacle 4 Years Sun Top 4 Years Throttle Position Sensor 2 Years Bumpers!Body Farts 3 Years .. cific Floor Mats 2 Years Exhaust-7intake I Generator 4 Years Scorecard Holders 2 Years Gas Engine 4 Years Bag Carrier 3 Years Throttle Cables l Controls 3 Years • Battery _ I Years Windshield 3 Years Clutch(excluding drive belt) 4 Years Sand Bottle I Sand Bottle I cooler 1 3 Years Information Holden Bag Cover 3 Years All Remainin Parts 1 Years EXCLUSIONS from this Warranty shall include any failures caused by: • Abnormal strain,neglect,or abuse,including lack of proper maintenance,and use contrary to the Owner'slOperator's Manual instructions. • Accident or collision damage. • Installation of pails or accessories that are not original equipment. • Fading, rust,or deterioration due to exposure or ordinary wear and tear. • Modifications or alterations that affect the car's condition,operation,performance,or durability,or which makes the car serve a purpose other than use as a two-person,golf course vehicle. • Damage due to Improper transportation. • Acts of God,i.e.lightning,hail damage,flooding,fire,etc. This Limited Warranty does not cover any parts replaced due to normal wear or routine maintenance,including oil and air filter elements, brake shoes,tire wear,spark plugs, starter and clutch drive belts. Any charges incurred in transporting a golf car or charger to and from an authorized Yamaha golf car dealer for service or in performing field service are also excluded from this warranty. Gasoline powered golf car starting batteries on vehicles equipped with a golf course GPS device,or any other device with a parasitic current draw,unless the vehicle is equipped from the factory with an optional deep cycle starting battery,are also excluded from this warranty. THE CUSTOMER'S RESPONSIBILITY under this warranty shall be to operate and maintain the golf car and charger as specified in the appropriate Owner's/Operator's Manual,and give notice to an authorized Yamaha golf car dealer of any and all apparent defects within ten(t 0)days after discovery,and make the vehicle or charger available at that time for inspection and repairs by the dealer's authorized representative. WARRANTY TRANSFER:Any transfer of warranty must take place within the first three years of the original in-service date of the vehicle. The vehicle must be re-registered by an authorized Yamaha Golf-Car Dealer within 30 days of transfer. A fee may be charged for the transfer of the warranty. Yamaha Golf-Car Company makes no other warranty of any kind, expressed or implied. All implied warranties of merchantability and fitness of merchantability and fitness.for a particular purpose which exceed the obligations and time limits stated in this warranty are hereby disclaimed by Yamaha Golf-Car Company and excluded from this Warranty. Some states do not allow limitations on how long implied warranty lasts,so the above limitation may not only apply to you. Also excluded from this Warranty is any incidental or consequential damages including loss of use. Some states do not allow the exclusion or limitation of Incidental or consequential damages,so the above exclusion may not apply to you. This Warranty give you specific legal rights,and you may also have other rights,which vary,from state to state. Yamaha Motor Corporation,USA,KENNESAW,GEORGIA 30144 EFFECTIVE DATE:711116 have read and agree to the conditions asset forth in above warranty. initials YAMAHA Commercial Finance MUNICIPAL MASTER LEASE AGREEMENT Page of 4 MLSE0906 JYAMAHA YAMAHA MOTOR FINANCE CORPORATION, U.S.A. MASTER LEASE AGREEMENT dated having its principal CITY OF DUBUQUE 2200 BUNKER HILL RD , DUBUQUE, IA 52001 February 13, 2017 , between YAMAHA MOTOR FINANCE CORPORATION, U.S.A., at 6555 Katella Avenue, Cypress, California 90630 ("Lessor"), having its principal office at ("Lessee"). place of business and Lessor and Lessee hereby agree as follows: 1. Lease of Eauioment. Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the "Eauioment"), 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 Acceotance. 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 additional insured and 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. Page 2 of 4 MLSE0906 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. 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, attomeys' 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. Retum of Eouipment. 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 retumed 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 fumished 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. 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 (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 MLSE0906 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 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 Lessees 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. Governina 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 Severabilitv. 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 Lessee have caused this Lease to be executed on the date first above written. By 71- Print Name: 'Title: Mayor as Lessee YAMAHA MOTOR FINANCE Cf,R By: Print Name: Title: TION. U.S.A. as Lessor Kim Ruiz President Page 4 of 4 MLSE0906 EXHIBIT A EQUIPMENT SCHEDULE At 116561 Dated 02/13/2017 This Schedule covers the following property ("Equipment"): 60 DR2A GOLF CARS 2. Location of Equipment: BUNKER HILL GOLF COURSE 2200 BUNKER HILL RD. DUBUQUE, IA 52001 3. The Lease term for the Equipment described herein shall commence on April 01, 2017 and shall consist of 56 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: 30 MONTHLY PAYMENTS IN THE AMOUNT OF $5,640.00 (APPLICABLE TAXES TO BE BILLED). STARTING MAY 2017 AND ENDING OCTOBER 2021. DUE THE 1ST DAY OF THE MONTH AS FOLLOWS: May -17 $5,640.00 Jun -17 $5,640.00 Jul -17 $5,640.00 Aug -17 $5,640.00 Sep -17 $5,640.00 Oct -17 $5,640.00 May -18 $5,640.00 Jun -18 $5,640.00 Jul -18 $5,640.00 Aug -18 $5,640.00 Sep -18 55,640.00 Oct -18 $5,640.00 May -19 $5,640.00 Jun -19 $5,640.00 Jul -19 $5,640.00 Aug -19 $5,640.00 Sep -19 $5,640.00 Oct -19 $5,640.00 May -20 $5,640.00 Jun -20 $5,640.00 Jul -20 $5,640.00 Aug -20 $5,640.00 Sep -20 $5,640.00 Oct -20 $5,640.00 May -21 $5,640.00 Jun -21 $5,640.00 Jul -21 $5,640.00 Aug -21 55,640.00 Sep -Z1 55,640.00 Oct -21 $5,640.00 5. Interest Factor: 3.80 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 02/13/2017 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 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 pan 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. LESSEE: CITY OF 4 UBUOUE � By: Name: Title: ignature Roy D. Buol Type or Print LESSOR: YAMAHA MOTOR FINA ' E C 1 RATION, U.S.A. By: Kim Ruiz Name: Mayor Title: President YAMAHA Bunker Hill Golf Course AMORTIZATION SCHEDULE FOR MUNICIPALITY MUNICIPAL LEASE AGREEMENT LESSEE: Bunker Hill Golf Course EQUIPMENT SCHEDULE # 116561 Yield: 3.800% Due Mon # Date Payment Interest 1 04/01/17 0.00 777.74 2 05/01/17 5 640.00 780.14 3 06/01/17 5.640.00 76515 4 07/01/17 5.640-00 750.11 5 08/01/17 5.640.00 735.02 6 09/01/17 5.640.00 719.89 7 10/01/17 5,640.00 704.71 8 11/01/17 0.00 689 48 9 12/01/17 0.00 691.61 10 01/01/18 0.00 693 74 11 02/01/18 0.00 695.88 12 03/01/18 0.00 698.03 13 04/01/18 0.00 700.18 14 05/01/18 5.640.00 702.34 15 06/01/18 5.640.00 687.11 16 07/01/18 5.640.00 671.83 17 08/01/18 5.640.00 656.50 18 09/01/18 5.640.00 641.13 19 10/01/18 5.640.00 625.71 20 11/01/18 0.00 610.24 21 12/01/18 0.00 612.12 22 01/01/19 0.00 614.01 23 02/01/19 0.00 615.90 24 03/01/19 0.00 617 80 25 04/01/19 0.00 619.71 26 05/01/19 5.640.00 62162 27 06/01/19 5.640 00 606.14 28 07/01/19 5.640.00 590.61 29 08/01/19 5.640.00 575.03 30 09/01/19 5.640.00 559.40 31 10/01/19 5,640.00 543.73 32 11/01/19 0.00 528.01 33 12/01/19 0.00 529.64 34 01/01/20 0.00 531.27 35 02/01/20 0 00 532.91 36 03/01/20 0.00 534.55 37 04/01/20 0.00 536.20 38 05/01/20 5.640.00 537.86 39 06/01/20 5.640.00 52212 40 07/01/20 5.640.00 506.33 41 08/01/20 5.640.00 490.49 42 09/01/20 5.640.00 474.60 43 10/01/20 5,640.00 458.67 44 11/01/20 0.00 442.68 45 12/01/20 0.00 444.05 46 01/01/21 0 00 445.42 47 02/01/21 0.00 446.79 48 03/01/21 0.00 448 17 49 04/01/21 0.00 449.55 50 05/01/21 5.640.00 450.94 51 06/01/21 5.640.00 434.93 52 07/01/21 5.640.00 418.87 53 08/01/21 5.640.00 402.76 54 09/01/21 5,640.00 386.61 55 10/01/21 5,640.00 370.40 56 11/01/21 0.00 354.14 Totals: 169,200.00 32,250.57 Initialed By: (DiLi 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: 0 6_0NN0,4-- s EA)CA-4114 ADDRESS: Jr t/ S IIsi oc_is4,-E L .L (lu -A S2-oc) PHONE: 5-673 - — 7ti'VO FAX S-1.3 r 5-8. RE: BUNKER HILL GOLF COURSE S� crE. 103 February 13. 2017 Please Reference our Quote# 116561 (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 Public Liability Insurance naming Yamaha Motor Finance Corp., U.S.A.. its successors and assigns as an ADDITIONAL INSURED with the proceeds to be payable first on the behalf of Yamaha to the extent of its liability, if any. 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) it 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 60 DR2A GOLF CARS Equipment Location 2200 BUNKER HILL RD. DUBUQUE, IA 52001 Very Truly Yours. CITY OF DUBU UE (Cry Signae of Authoriz d Officer) Title Mayor CERTIFICATE OF ACCEPTANCE This certificate is executed pursuant to Equipment Schedule No. 116561 dated February 13, 2017 to the Master Lease Agreement dated February 13, 2017 between Yamaha Motor Finance Corporation, U.S.A. (the "Lessor") and CITY OF DUBUQUE (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 shown below. EQUIPMENT SERIAL QUANTITY TYPE/MODEL NUMBER NEW/USED LOCATION 60 DR2A GOLF CARS SBe NEW BUNKER HILL GOLF COURSE Attachment 2200 BUNKER HILL RD. DUBUQUE. IA 52001 ADDITIONAL CONDITIONS/SPECIAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. By: )'" Name X7 Title: CITY OF DUBUQUE as Lessee 0 Roy D. Buol Mayor YAMAHA CITY OF DUBUQUE 2200 BUNKER HILL RD. DUBUQUE, IA 52001 PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR FINANCE CORP., U.S.A. 3362 Momentum Place Chicago, IL 60689-5333 INVOICE NUMBER: MAN 116561 Date Prepared: 02/13/2017 Due Date Quote No Description Amount Due 116561 60 DR2A GOLF CARS for Municipal Lease 05/1/2017 Cars located at: BUNKER HILL GOLF COURSE Payment $5,640.00 Payment Tax 50.00 YOUR ACCOUNT BALANCE IS 55.640.00 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. YAMAHA Payment for: CITY OF DUBUQUE 2200 BUNKER HILL RD. DUBUQUE. IA 52001 116561 1ber PLEASE SEND YOUR PAYMENTS TO: INVOICE NUMBER MAN 116561 Date Prepared: 02/13/2017 Amount Paid YAMAHA MOTOR FINANCE CORP., U.S.A. 3362 Momentum Place Chicago, IL 60689-5333 Date Paid Check Number ACH / ONLINE PAYMENTS AGREEMENT RECITALS Yamaha Motor Finance Corporation. U.S.A. ("Yamaha"). located at 6555 Katella Ave. Cypress. CA 90630. seeks to provide Customer with the ability to make payments electronically through the Automated Clearing House system ("ACH System") to the Account. as defined below. in satisfaction of Customer's payment obligations to Yamaha and Customer desires to use the ACH System to transfer funds from the Account. as defined below. to Yamaha in satisfaction of its payment obligations in accordance with the terms set forth below. NOW, THEREFORE. in consideration of the promises and the mutual covenants herein contained and other good and valuable consideration. receipt and sufficiency of which the parties hereto acknowledge, it is hereby agreed as follows: I. Customer's Account. Customer shall complete the attached Authorization Agreement for Direct Payments form ("Application"), and allow Yamaha to initiate debit entries through the ACH System to Customer's Account. as defined below, to collect amounts owed by Customer to Yamaha. Customer shall provide certain information required by the Application. including information regarding Customer's bank and bank account (the "Account") through which Yamaha will initiate the debit entries authorized pursuant to this Agreement. Customer will immediately complete and deliver to Yamaha an updated Authorization Agreement from time to time if any information regarding the Account is changed or is inaccurate. Yamaha will thereupon enter such new information regarding the Account into the ACH System. Customer will execute such agreements that are required by Customer's bank to allow Yamaha to initiate the debit entries to Account. and to receive the corresponding payments. 2. Authorization for ACH Payment. By entering into this Agreement, Customer irrevocably authorizes Yamaha during the term of their Equipment Schedule. to initiate debit entries through the ACH System to the Account to pay Customer's obligations. and to take possession of funds in the Account for application to such obligations. If a Customer's debit transaction is rejected by the Customer's bank for reasons such as non -sufficient funds, Yamaha shall have the right to charge Customer's Account a fee of Fifty Dollars ($50) to cover administrative costs associated with the rejected payment. 3. Limitation of Liability for ACH System. Yamaha will not be liable for the act or omission of any Automated Clearing House, financial institution, or any person who has obtained unauthorized access to the ACH System. Customer acknowledges that if any error occurs in the ACH System debiting process, and Customer will immediately notify Yamaha if the amount of any debit entry which Yamaha initiates exceeds the amount owed by Customer. Customer agrees, however. that Yamaha's liability for any such error will be limited to a credit by Yamaha to the Account in the amount of the entry which exceeds the amount owed by Customer. and in no event will Yamaha be liable to Customer for any consequential, special or incidental damages. 4. Notices. Any written notice or other written communication required or permitted to be given under this Agreement shall be delivered. or sent by United States certified mail, return receipt requested, to Yamaha unless another address is substituted by notice delivered or sent as provided herein. Any such notice will be deemed given when received. 5. Termination. This agreement, if required by Yamaha as a credit condition of the account. will only be terminated at the end of the tem of the Equipment Schedule or after all payments on the Equipment Schedule have been satisfied. If not a credit condition requirement. Yamaha or Customer may terminate this agreement at any time by giving thirty (30) days prior written notice to the other party. 6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of law principles thereof. Any disputes, claims and controversies arising out of or directly or indirectly relating to this Agreement, or the breach. invalidity or termination thereof, shall be settled by binding arbitration to be held in Orange County, California. 7. Entire Agreement. This Agreement embodies the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous negotiations, representations, and agreements with respect hereto, and shall he binding upon the parties hereto. This Agreement may be amended only by a writing signed by both parties. In the event that any provision of this Agreement shall be held invalid, illegal or otherwise unenforceable for any reason in any jurisdiction. the validity. legality and enforceability of the remaining provisions or obligations. or of any such provision or obligation in any other jurisdiction. shall not in any way be affected or impaired thereby. Customer cannot assign this Agreement without Yamaha's prior written consent. Headings are used for reference purposes only. and are not part of this Agreement. The failure by either party to enforce or take advantage of any provision hereof shall not constitute a waiver of the right subsequently to enforce or take advantage of such provisions. The parties may rely on an} facsimile copy. electronic data transmission or electronic data storage of this Agreement. which will be deemed an original, and the best evidence thereof. for all purposes. Address for Deliver of Notice: Yamaha Motor Finance Corporation. U.S.A. 6555 Katella Avenue. Cypress. CA 90630 Attention: Stacey Stankev. Assistant Department Manager Page 1 of 2 ACH0906 AUTHORIZATION AGREEMENT FOR DIRECT PAYMENTS (ACH DEBITS) Customer Name CITY OF DUBUQUE Customer Number 5894133 Contact Phone Number I (we) hereby authorize Yamaha Motor Finance Corporation, U.S.A., and its affiliates hereinafter called Yamaha, ti initiate debit entries to my (our) r Checking Account or r Savings Account Indicated below at the depository financial institution named below, hereafter called Depository, and to debit the same to such account. 1 (we) acknowledge that the origination of ACH transactions to my (our) account must comply with the provisions of U.S. law. Depository Name Branch City State Zip Bank Routing Number Bank Account Number r Please indicate with a check -mark that there is no debit blocking on your account that would prevent Yamaha from debiting your account according to the provisions of the ACH agreement. This authorization is to remain in full force and effect and can only be terminated under the terms provided under Paragraph 5. By signing below, Customer acknowledges its agreement to the terns of the ACH i Online Payments Agreement st forth on the reverse side of this document. Name(s) (Please Print) Position(s) (Please Print) (must be an owner or officer of the company) Signature(s) Date INSTRUCTIONS FOR ESTABLISHING ACH ACCOUNT: Please forward this executed agreement, along with a voided check, to the following address: Yamaha Motor Finance Corporation, U.S.A. 6555 Katella Avenue Cypress, CA 90630 Or Fax to 714-761-7363 Page 2 of 2 ACH0906