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Golf Cart Lease Agree changeMEMORANDUM July 9, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Golf Cart Lease Agreement Leisure Services Manager Gil Spence recommends City Council approval to add Exhibit A to our Golf Cart Lease Agreement with Yamaha Leasing, expanding our number of golf carts from 40 to 50. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM June 25, 2002 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Golf Cart Lease Agreement INTRODUCTION The purpose of this memorandum is to request that the City Council approve adding Exhibit A to our golf cart Lease Agreement with Yamaha Leasing, expanding our number of golf carts from forty to fifty. DISCUSSION When the City took over operation of the golf carts last year, we leased forty carts from Yamaha Leasing for $575 per cart per year for a five-year period. Golf cart usage continues to increase and is at the point where we need to have ten more on hand. We have rented extra carts by the day in the past to meet the demand but are to the point where we are spending more for the daily cart rental than we would for the annual lease payment. With the annual lease, the cart will be available every day for usage. Yamaha Leasing has agreed to add these ten extra carts to our present lease, at the rate quoted in that lease. RECOMMENDATION I recommend that Exhibit A be approved and added to our Lease Agreement with Yamaha Leasing, expanding our golf cart fleet from forty to fifty carts. ACTION STEP The action requested is that the City Council approve Exhibit A and add it to our present Lease Agreement with Yamaha Leasing. GDS:et attachment E]hq-llRIT A EQUIPMENT SCHEDULE # Dated June 20, 2002 49610 This Schedule covers the following property ("Equipment"): 10 G16A GOLF CARS Location of Equipment: BUNKER HILL GOLF COURSE 2200 BLINKER HILL ROAD DUBUQUE, IA 52001 3. The Lease term for the Equipment described herein shall commence on consist of 50 July 01, 2002 and shall months from the first day of the month following said date. Rental payments on the Equipment shall be in the following mounts, payable on the following schedule: 15 MONTHLY PAYMENTS IN THE AMOUNT OF $1,916.70 (APPLICABLE TAXES TO BE BILLED). STARTING JULY 2002 AND ENDING AUGUST 2006. DUE ON THE 1ST OF THE MONTH AS FOLLOWS: Jul-02 $1,916.70 Jun-03 $1,916.70 Jun-04 $1,916.70 Jun-05 $1,91fi.70 Jun-06 $1,916.70 Aug-02 $1,916.70 Jul-03 $1,916.70 Jul-04 $1,916.70 3ul-05 $1,916.70 Jul-06 $1,916.70 Sep-02 $1,916.70 Aug-03 $1,916.70 Aug-04 $1,916.70 Augq)5 $1,916.70 Aug-06 $1,916.70 5. Interest Factor: 5.600 6. This Equipment Schedule is entered into pnsuant to Lessors accepted bid under RFP 7. Other Terms: Lessee agrees to reimburse Lessor, who shall pay any assessed property taxes due on the equipment leased pursuant to Section 12 of the Master Lease Agreement. This Equipment Schedule is issued pursuant to the Master Lease dated, March 07, 2001 (the "Lease"). All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made a part hereof as ff they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein. LESSEE: CITY OF DUBUQUE By: Signature Name: Type or Print Title: LESSOR: YAMAHA MOTOR CORPORATION, U.S.A. By: Name: Jim Robinson Tire: Vice President UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front and back/ CAREFULLY A. NAME & PHONE OF CONTACT AT FILER [optional] LAURIE SAN MIGUEL 800-551-2994 EXT0 B. SEND ACKNOWLEDGMENT TO: (Name and Address) ["~YAMAHA MOTOR CORPORATION 6555 KATELLA AVENUE CYPRESS, CA 90630 ATTENTION: GOLF CAR LEASiNG L_ _ THE ABOVE SPACE I$ FOR FILING OFFICE USE ONLY 1. DEBTOR'S EXACT FULL LEGAL NAME - inse~t only ~ debtor name (1 a er lb) - do not abbreviate or combine names -- CITY OF DUBUQUE 42-6004596: DEmOa [ ............. 50 W 13TH STREET MIDDLE NAME SUFFIX IA 52001 USA 2. ADDITIONAL DEBTOR S EXACT FULL LEGAL NAME - insert only ~ debtor name (2a o 2bi - do not abbreviate o combine names MIDDLE NAME SUFFIX STATE POSTAL CODE COUNTRY 2g. ORGANZATONAL D#, any 2c. MAILING ADDRESS ADD'L INFO RE 2e. TYPE OF ORGANIZATION 2d. TAXID#: SSNORE[N ORGANIZATK)N [ YAMAHA MOTOR CORPORATION, U.S.A. -- 6555 KATELLA AVENUE 10 G16A YAMAHA GOLF CARS FIRST NAME MIDDLE NAME SUFFIX CYPCII¥ RESS STATE POSTAL CODE COUNTRY CA 90630 U.S.A. 5.~.LTE,NATm~DESlGNA~ON~fap~i~bleI=I~IL~EF~LESSO~ ~CO,SIGNEF~CONSmG~OR ~SAIL~E~BAILOR ~LLE~BUTE, ~,LI~N ~,ON-UC~FmUN~ 49610 B~R ~L GOLF CO~SE FILING OFFICE COPY- NATIONAL UCC FINANCING STATEMENT (FORM UCC1 ) (REV, 07129198) CERTIFICATE OF ACCEPTANCE This certificate is executed pursuant to Equipment Schedule No. dated June 20, 2002 March 07, 2001 (the "Lessor") and between CITY OF DUBUQUE 49610 to the Master Lease Agreement dated Yamaha Motor Corporation, U.S.A. (the "Lessee"). The Lessee hereby cartifies 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 10 G16A GOLF CARS See NEW BUNKER HILL GOLF COURSE Attachment 2200 BUNKER HILL ROAD DUBUQUE, IA 52001 ADDITIONAL CONDITIONS/SPECIAL TERMS: Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment. CITY OF DUBUQUE as Lessee By: Name: Title: HARRIS GOLF CARS www,harrisgolfcar s.com PO BOX 135 9875 KAPP CT PEOSTA lA 52068 CAR INVOICE DATE INVOICE # 06/24/2002 14761 BILL TO BUNKER HILL GOLF COURSE CITY OF DUBUQUE 2200 BUNKER HILL RD DUBUQUE IA 52001 YAMAHA LEASING SHIP TO I BUNKER HILL GOLF COURSE i CITY OF DUBUQUE 2200 BUNKER HILL RD DUBUQUE lA 52001 QTY ITEM CODE 1 i-JN6-617215 -JN6-617077 -JN6-617227 I; -JN6-602795 I -JN6-6t5610 1 -.IN6-614831 1-JN6-614839 11-JN6-615605 1i -JN6-617230 1 -JN6-617127 P.O. NUMBER DESCRIPTION -JN6-617215 IVORY -JN6-617077 i IVORY i -JN6-617227 i IVORY i -JN6-602795 i -JN6-615610 IVORY -JN6-614831 IVORY -JN6-614839 !IVORY : -JN6-615605 IVORY -JN6-617230 IVORY -JN6-617127 I IVORY TERMS NET 30 DUE DATE 07/24/2002 PRICE EACH 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 REP KEL AMOUNT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total PHONE: 563-582-7390 FAX: 563-582-6863 THANK YOU FOR YOUR BUSINESS! A FINANCE CHARGE OF 1.5% PER MONTH (APR 18%) WILL BE ADDED ON BALANCES OVER 30 DAYS OLD. $o.oo1 YAMAHA MOTOR CORPORATION, U.S.A. NAME OF INSURANCE AGENT: FI~D~ INSUI~CE ];NC. ADDRESS: 202 FISCHERBLDG PO BOX 759 YAMAHA LEASING 6555 Katella Avenue, Cypress, CA 90630 (800) 551-2994, Fax (714) 761-7363 E-MAIL: laude_sanmiguel@yamaha-motor.com June 20.2002 Please Reference our Quote# PHONE: FAX: DUBUQUE, lA 52004 (319) 556-0272 RE: BUNKER HILL GOLF COURSE (Customer) Account # 49610 Gentlemen: 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 named as LOSS PAYEE. Public Liability Insurance naming Yamaha 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 limR. 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 covedng 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 Corporation, U.S.A. Attn: Leasing Department 6555 Katella Ave Cypress, CA 90630 Your Prompt attention will be appreciated. Equipment Covered: 10 G16A GOLF CARS Equipment Location: 2200 BUNKER HILL ROAD DUBUQUE, IA 52001 Very Truly Yours, CITY OF DUBUQUE (Name of Debtor/Lessee) By: (Signature of Authorized Officer) Title: IOWA department of Revenue and Finance Iowa Sales TaxExemption Certificate This document is to be completed by a purchaser whenever claiming exemption from sales/use tax. Se#er: Keep this certificate in your files. Purchaser: Keep a copy of this certificate for your records. Do not send this to the Department of Revenue and Finance. Purchaser Name CITY OF DUBUQUE, IOWA Address 50 W. 'I3TH ST City I Zip Code DUBUQUE IState IA 52001 General Nature of Business Seller Name YAMAHA MOTOR CORPORATION, USA Address 6555 [<.Ri'ELLA AVENUE iS Zip Code City CxZ'PRES S ~e 90630 Purchaser is doing business as a: [] Retailer Sales tax permit no. ' [] Wholesaler [] Farmer [] Lessor [] Manufacturer [] Nonprofit Hospital [] Private Nonprofit Educational Institution [] Governmental Agency (including public schools) [] Qualifying Residential Care Facility [] Non-Profit Museum [] Other: Purchaser is claiming exemption for the following reason: [] Resale [] Leasing [] Processing [] Qualifying Farm Machinery/Equipment [] Qualifying Industrial Machinery/Equipment [] Qualifying Replacement Parts [] Qualifying Computer [] Pollution Control Equipment [] Recycling Equipment [] Research and Development Equipment [] Direct Pay (permit no. required): [] Other: Description of Purchase: Attach additional information if necessar' Under penalty of perjury, I swear that the information on this form is true and correct. Signature of Purchaser Title __ __ Date Exemption Certificate Instructions This exemption certificate is to be completed by the purchaser claiming exemption fi*om tax and given to the seller. The seller must retain this certificate as proof that axemption has been properly claimed. The certificate must be complete to be accepted by the seller. The seller can accept an exemption certificate only on property that is qualified (see the exemptions below) or based on the nature of the buyer. A seller failing to exercise due care could be held liable for the sales tax due. If property or services purchased for resale or processing are used or disposed of by the purchaser in a nonexempt manner, the purchaser is then responsible for the tax. Exemptions: Resale: Any person in the business of selling who is purchasing items to resell may claim this exemption. The purchaser can be acting as either a retailer or wholesaler and may not be required to have a sales tax permit. Retailers who do have a sales tax permit number must enter it in the space provided. Proeesalng: Exempt purchases for processing include tangible personal preperty which by means of fabrication, compounding, manufacturing or germination becomes an integral part of other tangible personal property ultimately sold at retail; chemicals, solvents, sorbents or reagents used, consumed, dissipated or depleted in processing personal property intended to be sold ultimately at retail; fuel used to create heat, power or steam for processing or used to generate electric current; and chemicals used in the production of free newspapers and shoppers. Leasing: Exemption is applicable only to property leased where the lessor is in the business of leasing, the lease is for more than five menths, and the lease or rental receipts are subject to Iowa sales tax. Qualifying Farm Machinery/Equipment: The farm machinery or equipment must be directly and primarily used in agricultural production; and must be: 1. a self-propelled implement such as a tractor 2. a grain dryer (heater and blower only) 3. an implement customarily drawn or attached to a self-propelled implement in the performance of its function, such as a plow 4. auxiliary equipment improving safety, maintenance and efficiency of items I, 2, 3 5. tangible personal property that does not become a part of real property used directly and primarily in dairy and livestock operations 6. bailing wire, twine, wrapping and other similar items used in agricultural, livestock or dairy production 7. an essential replacement part for 1, 2, 3, 4, 5 Qualifying Industrial Machinery/Equipment: This machinery or equipment must be: · used by a manufactarer · directly and primarily used in processing tangible personal property or certain other research activities · certain replacement parts for the above; this does not include supplies Qualifying Computers: · sold to commercial enterprise, insurance company, or financial institution · certain replacement parts; this does not include supplies Direct Pay: Businesses and individuals who pay their taxes directly to the Department rather than to the seller must enter their Direct Pay permit number in the space provided. Private Nonprofit Educational Institutions: Purchases made by private nonprofit educational institutions used for educational purposes are exempt. NOT EXEMPT from sales tax are purchases by most other private nonprofit organizations such as churches, fraternal organizations, etc., for use by those organizations. Initialed By: AMORTIZATION SCHEDULE FOR MUNICIPALITY LESSEE: CITY OF DUBUQUE EQUIPMENT SCHEDULE #49610 Yield: 5. 600% ~uaY~ent Due mDer Date Charge Principle Balance 0 OJO0 0.00 38262.41 1 2 3 4 5 6 7 8 9 10 !1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5_O Jul-02 e Oc~-02 Nov-02 Dec-.02 Jan-03 Feb-03 Mar-03 uar-03 Jul-03 0c~-03 Nov-03 Dec-03 Jan-04 Feb-04 Mar-04 ~A_~r-04 Jul-04 ~ug-04 eD-04 0c~-04 Nov-04 Dec-04 Jan-05 Feb-05 Mar-05 Aj~uar-05 Jul-05 0c~-05 Nov-05 Dec-05 Jan-06 Feb-06 Mar-06 uar-06 Jul-06 ~ug-06 128.49 122.49 116.46 110.42 110.79 111.16 111.53 111.91 112.28 112.66 113.04 113.42 107.36 101.29 95.19 95.51 95.83 96.15 96.48 96.80 97.13 97.45 97.78 98.11 92.00 85.87 79.72 79.99 80.26 80.53 80.80 81.07 81.34 81.62 81.89 82.17 76.01 69..82 63.62 63.84 64.05 64.26 64.48 64.70 64.91 65.13 65.35 65.57 59.35 S3.~2 1788.21 1794.21 1800.24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1803.28 1809.34 1815.41 0.00 0.00 0 00 0 00 0 00 0 00 0 00 0 00 0 00 1818.59 1824.70 1830.83 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1834.53 1840.69 1846 88 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1851.13 1857.35 36474.20 34679.99 32879.75 32990.17 33100.96 33212.12 33323.66 33435.57 33547.85 33660.51 33773.55 31970.27 30160.94 28345.53 28440.72 28536.23 28632.06 28728.21 28824.69 28921.49 29018.62 29116.07 29213.85 27395.25 25570.55 23739.73 23819.45 23899.44 23979.70 24060 23 24141.03 24222.10 24303.45 24385.07 24466.96 22632.42 20791.73 18944.85' ~19008.47 19072.31 19136.36 19200.62 19265.10 19329.80 19394.71 19459.85 19525.20 17674.07 15816.72 13953.14