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HomeMy WebLinkAbout99-84 Resolution No. 99-84 RESOLUTION AUTHORIZING EXECUTION OF A GOLF CAR SERVICE AGREEMENT WITH E-Z-GO GOLF CARS, TEXTRON INCORPORATED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute a Golf Car Service Agreement on behalf of the City of Elgin with E-Z-GO Golf Cars, for the maintenance of 10 1999 TXT Gas & one 1999 Workhorse E-Z-GO Golf Cars, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 10, 1999 Adopted: March 10, 1999 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk JULY, 2007 IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 99-84 PASSED: MARCH 10, 1999 SUBJECT: AGREEMENT WITH E-Z-GO GOLF CARS, TEXTRON INCORPORATED. , SPEED MESSAGE TOFROM -/ .7 `er• {- 1-suaJ ' DATE 4-• J, (,r; (.7 - tKt L€ /12,74.e pf(-E-Lzkil -Agam."•— /k2z-le SIGNED WllsonJones® WHITE—ORIGINAL CANARY—DUPLICATE 44-900 Duplicate • . • • • • • GOLF CAR SERVICE AGREEMENT E-Z-GO,a Division of Textron Incorporated(hereinafter referred to as the Vendor)with an address at P.O.Box 548,24404 N.Hwy. 12,Lake Zurich,IL.,60047 and City of Elgin(hereinafter referred to as the Club)with an address at 1965 Spartan Dr.Elgin,IL., 601231 agrees to the following terms and conditions b dated Fab 2, 1999 TERM-This agreement shall be for a term of Five(5)years commencing from,Feb. 2, 1999 and shall expire Feb. 1,2004. PAYMENT-For valuable consideration received and hereby acknowledged by both parties the Club agrees to remit to the Vendor 580.00/car/year, Six(6)monthly payments of 3146.67/month May thru October 1999, 2000,2001,2002, 2003 plus apnlicable sales tax. Said payment to be remitted by the Club within 10 days of invoice to the Vendor's address as listed herein. UNITS-The Vendor hereby agrees to maintain 10 1999 TXT Gas St 1 1999 Workhorse E-Z-GO Golf Cars in good repair and operating condition subject to the terms and conditions of this agreement. UNIT LOCATION-It is hereby agreed by both parties that the units shall be exclusively located at City of Elgin and that the Vendor shall endeavor to service the units at this location. Vendor reserves the right to transport the units to an outside location if major repairs are required. SERVICE SCHEDULE-The Vendor agrees to service and maintain the units herein subject to the terms of this agreement on a weekly basis during all the months the Club normally operates the units. CLUB'S MAINTENANCE RESPONSIBILITIES-The Club agrees at the Club's sole cost and expense to (a)on a daily basis to charge,water(electric units),clean batteries, check engine oil level(gas units), store and secure units and maintain vehicles except for normal wear and tear; (b)on a weekly basis to check and maintain tire pressure,wash and clean cars(including engine compartment); (c)on an as needed basis to gas units,change flat tires,tighten nuts and bolts,and tag each unit needing repair. VENDOR'S MAINTENANCE RESPONSIBILITIES -Subject to the terms and conditions of this agreement the Vendor agrees to keep all units herein in good repair and operating condition, doing so with reasonable dispatch, end to replace with new parpari§any bully worn or broken pflrt3: The Yendoi will repair or replace all accessories and components of the vehicles as may detract from their cosmetic condition or appearance for cars of comparable age,under normal conditions, subject to expected wear and tear. The Vendor further agrees to provide as needed replacement batteries as required. DAMAGE-It is expressly agreed to by the Club that the Vendor shall not be responsible herein for performing repairs caused by or due to abuse,vandalism, accident,negligence,acts of God, or failure by the Club to perform the Club's maintenance responsibilities stated herein, PARTS DISPOSITION- It is expressly agreed to by the Club that the Vendor shall retain title to and shall retain for the Vendor's use or disposition all parts and batteries replaced under this agreement. r VENDOR'S PERSONNEL- Vendor warrants that Vendor's service personnel will be qualified golf car mechanics. The Vendor shall maintain workman's compensation coverage on its employees. WARRANTY-The Club hereby agrees to and acknowledges that the standard E-Z-GO new car and the battery manufacturer's warranties remain in effect but that the Club shall not receive any monthly reduction in monthly payments listed herein for any warranty work provided or arranged by the Vendor under this agreement. ASSIGNMENT-This agree lent may be assigned by mutual consent. No such assignment shall relieve the assignee, the Club, or the Vendor from any obligation of either party hereunder. DEFAULT-The Vendor shall have the right to terminate this agreement for reasons of default,non- payment,insolvency, or bankruptcy. The Club shall not be relieved of liability of past due payments in the event of such circumstances. SPECIAL SERVICE CONDITIONS -The Vendor further agrees to the following conditions: Winter Storage and Transportation cost In the event the Club exercises its option to purchase any of the units this service agreement shall automatically terminate with respect to such purchased units. ENTIRE AGREEMENT-The parries agree that this instrument constitutes the entire agreement between the parties and that no verbal understanding not incorporated in this document is conceded as binding upon either party. Both parties covenant to fulfill the obligations imposed upon them and waive any specific states rights laws which might allow them to evade their respective responsibilities. • In witness whereof, the paries hereto, authorize their proper officers to execute this agreement on the day and year first written above. E-Z-GO GOLF CARS,TEXTRON INC. In the Presence of: BY: TITLE: In the Presence of: BY: TITLE: • TFC TEXTRON Textron Financial Corporation. Subsidiary of Textron Inc. INCUMBENCY CERTIFICATE Lease No. TE1 - I, 1,/ , do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of City of Elgin , Illinois a political subdivision or agency of the State of,/ that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth opposite their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain equipment lease dated , 19_, between such entity and the Lessor named therein, and to do all things which they deem necessary on behalf of such entity in order to more completely effectuate the purposes of said Equipment Lease. NAME TITLE SIGNATURE ✓ ✓ x ✓ ✓ x IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity hereto this day of , 19_ x SEAL Secretary/Clerk TEXTRON 40 Westminster Street Providence,RI 02903 800-343-0053 City of Elgin,Illinois RE("Customer") 19, Spartan Meadows 1965 Spartan Drive ACCT# - Elgin,IL 60123 COVERED EQUIP: 10 ea E-Z-GO TXT-Gas Gentlemen: X (a)The customer has purchased or will be purchasing equipment covered by security interest in favor of Textron Financial Corporation("TFC"). (b)The Customer has leased or will be leasing equipment from TFC The new equipment listed below which is financed/leased has a balance outstanding of $ The existing equipment has a balance of: $ The customer's Total Exposure is: S If(a)or(b)is checked,the Customer is required to provide TFC with the following insurance coverage: "All Risk"Property insurance covering the property owned by or in which TFC has a security interest, in an amount not less than the full replacement cost of the property,with TFC named as loss payee. If (b)is checked,TFC also requires: Public Liability Insurance naming TFC as an additional insured with the proceeds to be payable first on the behalf of TFC to the extent of its liability, if any. The amount of the Public Liability Insurance shall not be less than 51,000,000.00,combined single limit. Each policy shall provide that: (i) TFC 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 TFC shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against TFC or its assigns for any violation of any term of the policy of the Customer's application therefore. A certificate evidencing such coverage should be mailed to TFC at the following address: Textron Financial Corporation Attn: Insurance Department P.O.Box 6687 Providence,RI 02940-6687 Your prompt attention will be appreciated. Very Truly Yours, NAME OF INSURANCE AGENT: 7 City of Elgin, Illinois (Name of Debtor/Lessee) AGENT ADDRESS: By: X (Signature of Authorized Officer) Its: ✓ AGENT PHONE NUMBER: I- MAKE SURE YOU HAVE COMPLETED INSURANCE AGENT INFORMATION If you fail to provide evidence of insurance, it will constitute a default under your agreement and you may be charged an additional fee for adequate property and liability insurance coverage. • TFC TEXTRON Textron Financial Corporation ACCEPTANCE CERTIFICATE Lease No. Contract or Schedule.No. Purchase Order No. To: TEXTRON FINANCIAL CORPORATION Address 40 Westminster Street Providence131_02903 (City, State, Zip) rib' The undersigned hereby certifies that all of the Equipment, described in the Purchase Order identified above, which has been issued by TFC pursuant to the Contract/Lease identified above, has been furnished to the undersigned at the location designated in the Contract/Lease, that delivery and installation of the Equipment has been fully completed as required by the Undersigned and that the Equipment has been inspected and accepted by the Undersigned as satisfactory. The Undersigned understands that TFC is relying on the foregoing certification in the purchase of the Equipment by TFC and, to induce TFC to purchase the Equipment. Dated: , 19 City of Elgin , Illinois (Name of Individual, Corporation or Partnership) By: X TitleV (If Corporation, have signed by President, Vice President or Treasurer. If Owner or Partner, state which.) rik TEXTRON 40 Westminster Street Providence,RI 02903 800-343-0053 City of Elgin,Illinois RE("Customer") 19, Spartan Meadows 1965 Spartan Dr. ACCT# Elgin,IL 60123 COVERED EQUIP: 1 ea E-Z-GO Workhorse Gentlemen: x (a)The customer has purchased or will be purchasing equipment covered by security interest in favor of Textron Financial Corporation("TFC"). (b)The Customer has leased or will be leasing equipment from TFC The new equipment listed below which is financed/leased has a balance outstanding of $ The existing equipment has a balance of: $ The customer's Total Exposure is: $ If(a)or(b)is checked,the Customer is required to provide TFC with the following insurance coverage: "All Risk"Property insurance covering the property owned by or in which TFC has a security interest, in an amount not less than the full replacement cost of the property,with TFC named as loss payee. If (b)is checked,TFC also requires: Public Liability Insurance naming TFC as an additional insured with the proceeds to be payable first on the behalf of TFC 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) TFC 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 TFC shall be secondary or excess of the policy and (iii) in no event shall the policy be invalidated as against TFC or its assigns for any violation of any term of the policy of the Customer's application therefore. A certificate evidencing such coverage should be mailed to TFC at the following address: Textron Financial Corporation Attn: Insurance Department P.O.Box 6687 Providence,RI 02940-6687 Your prompt attention will be appreciated. Very Truly Yours, NAME OF INSURANCE AGENT: City of Elgin,Illinois v (Name of Debtor/Lessee) AGENT ADDRESS: By: X (Signature of Authorized Officer) Its: 1( AGENT PHONE NUMBER: MAKE SURE YOU HAVE COMPLETED INSURANCE AGENT INFORMATION If you fail to provide evidence of insurance,it will constitute a default under your agreement and you may be charged an additional fee for adequate property and liability insurance coverage. TFC TEXTRON Textron Financial Corporation. Subsidiary of Textron Inc. INCUMBENCY CERTIFICATE Lease No• TE1 - I, j/ , do hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of City of Elgin, Illinois a political subdivision or agency of the State ofl/ that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding the offices set forth opposite their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain equipment lease dated , 19_, between such entity and the Lessor named therein, and to do all things which they deem necessary on behalf of such entity in order to more completely effectuate the purposes of said Equipment Lease. NAME TITLE SIGNATURE ✓ ✓ x ✓ ✓ X IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity hereto this day of , 19_ x SEAL Secretary/Clerk rimk TFC TEXTRON Textron Financial Corporation ACCEPTANCE CERTIFICATE Lease No. • Contract or Schedule.No. Purchase Order No. To: TEXTRON FINANCIAL CORPORATION Address 40 Westminster Street Providence RI 02903 (City, State, Zip) The undersigned hereby certifies that all of the Equipment, described in the Purchase Order identified above, which has been issued by TFC pursuant to the Contract/Lease identified above, has been furnished to the undersigned at the location designated in the Contract/Lease, that delivery and installation of the Equipment has been fully completed as required by the Undersigned and that the Equipment has been inspected and accepted by the Undersigned as satisfactory. The Undersigned understands that TFC is relying on the foregoing certification in the purchase of the Equipment by TFC and, to induce TFC to purchase the Equipment. Dated: , 19 City of Elgin , Illinois (Name of Individual, Corporation or Partnership) By: X Title; (If Corporation, have signed by President, Vice President or Treasurer. If Owner or Partner, state which.)