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Home My WebLink About20-0306 Harris Motor SportsHARRIS MOTOR SPORTS, INC. LEASE AGREEMENT NAME OF LESSEE: CITY OF ELGIN. ILLINOIS. a municipal corporation ADDRESS: 150 DEXTER LOUR'l CITY: ELGIN COUNTY: KANE: STATE: IL ZIP: 60120 QUANTITY AND DESCRIPTION OF LEASED EQUIPMENT: Two ? Yamaha 412assenggr EFT gg2pje mover 'n giggier white with LEQ headli f is horn safet reflectors, USB power torts, overntoldcd_steering wheel, mirror, electronic fuel injected Yamaha engine, 80" sun top. Rear facing seat wlsafety station. THIS LEASE AGREEMENTis made and entered into this day of 2020, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Harris Motor Sports, Inc., an Iowa corporation, (hereinafter referred to as "Harris"). WHEREAS, the Harris is engaged in the business of the sale and leasing of golf cars; and WHEREAS, the City is the operator of a golf course located as aforesaid. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: I . LEASE. The above recitals are hereby incorporated into and made a part of this agreement as if fully recited herein. Harris hereby leases to City. and City hereby rents from Harris the golf cars herein above described. 2. FOUIPMENT. Harris represents that on delivery, said cars will he in excellent and fully functioning mechanical condition. and agrees to maintain said cars in such mechanical condition through the term of this agreement, except as may hereinafter otherwise be specifically provided. Harris agrees to furnish servicing for said cars not less than once in each calendar week during the season when said cars are in use. Harris agrees that in the event City shall notify Harris that any unit is inoperable, Harris will within forty-eight (48) hours of such notification make examination thereof, and in the event that such unit cannot be made operable within forty-eight (48) hours of such examination, then Harris will furnish a reasonable and adequate temporary replacement within said period for such unit. Harris shall make all repairs promptly and shall repair or replace all parts at their own expense. Harris guarantees electric cars shall have a minimum 36-hole performance capability throughout the tenn of said lease agreement. 3. OPERATION. City shall provide for electric models, electricity and outlets as required, and shall properly charge and water batteries as needed. City shall provide gasoline as required for operation of gasoline models. 4. STORAGE. City shall provide storage for said golf cars when not in use. 5. TIRES. Harris shall provide a select number of spare tires and City shall be responsible for any flat tire repairs required by said cars. 6. DAMAGE AND REPAIRS. The cost of parts and labor required to repair any normal wear and tear under factory warranty shall he the responsibility of Harris. 7. MAINTENANCE. City further agrees to keep said golf cars in a clean and orderly condition at all times so that their use will be encouraged, and that the cars will be maintained so as not to detract from the standard appearance and cleanliness of the golf' course maintained by said City. 8. LEASE TERM. This agreement shall terminate sixty (60) months from June 1, 2020 unless otherwise terminated as provided for herein or by law. In the event of such early termination City shall pay to Harris only the monthly lease payment contemplated by this agreement through the end of the month following the date of such written notice of termination without further cost other than for repairs and maintenance costs as provided for herein. 9. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re -executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 10. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement shall be deemed to he void or otherwise unenforceable for any reason, the remainder of the agreement shall remain in full force and effect. 11. CONFLICT. In the event ol'any conflict between the terms and provisions of this lease agreement and Attachment A hereto, the terms and provisions of this lease agreement shall control. Notwithstanding anything to the contrary provided for herein or any of the attachments hereto, the provisions of Attachment A hereto under the heading "CONCLUSION- shall be void and of no effect. 12. APPROPRIATION OF FUNDS. The fiscal year of the City is the 12 month period ending December 31. The obligations of the City under any contract for any fiscal year are subject to and contingent upon the appropriation of funds sufficient to discharge the obligations which accrue in that fiscal year and authorization to spend such funds for the purposes of the contract_ If, for any fiscal year the term of the Agreement, sufficient funds for the discharge of the City's obligations under the contract are not appropriated and authorized, then this Agreement shall terminate as of the last day of the preceding fiscal year, or when such appropriated and authorized funds are exhausted, whichever is later, without liability to the City for damages, penalties or other charges on account of such termination. 13. MISCELLANEOUS. (a) It is understood that this agreement is one of rental and not one of sale. (b) This agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be the Circuit Court of Kane County. Illinois, without jury. Harris hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Harris agrees that service by first class U.S. mail to Harris Golf Cars c/o Terry Harris, 549 Heartland Drive, Suite A, Sugar Grove, IL 60554 shall constitute effective service. (c) Harris shall not be liable for any part of this agreement due to any occurrence or contingency beyond their reasonable control, including but not limited to war, hostility, insurrection, riot or other act of civil disobedience, accident, fire, explosion. Flood, storm, or other such weather conditions. HARRIS MOTOR SPORTS, INC 77 owrE,✓ Print PoMe S Ignatum - C EE T 541is / INv44ix Title F \Legal Dept\Agreement\Ilarns Mixor Sports-[ casc Agr-02-26-20 docx CITY t IN Richard G. Koral Attest: r CityClerk! �' ATTACHMENT A ..-.-_%X& L wr.conun I �', N Crr.r;rnt R duo • Duh.jNur IA-'200,, 449 H&AII,and Unva SuAa A • Suyar Gfovs IL W)54 •o:a s 11,arl,..r 30 • 01011 Ht 6e00e 11NUU I rrl%hu $marl - Stutlavin1 WI 131 It Dare 1110=20 To City of Elgin Sales Person Steve Olken Jeff Rau 709 Sports Way Elgin,1160123 847.354-SO2S GUAWITY DESCRIPTION Unit Price Exien6ed Price 2 Yamaha - 4 Paasmgw EFI People Mover. Color Glacier Wh1te LED Mad L1ghb-Tadh9rds, Horn. Safety Reflectors USS Power PoAa, OverMotded Steering Whael Mirrw. Electronic Fuel InpCled Yamaha Engine 80" Sun Top. Rear Facing Sant w/Safely Stanrtlon 0PERAT1%G LEASE 2 $235.14 Par Morrth x 12 Jan -Der 2 tf21.66 5 Y"!]L SU.1011K II '+49 108 APPROX DELIVERY DATE SHIPPFC) VIA Lease Destination S r+n 2020 Our Truce Flair to MkVroed Is Paolo GO# Carl N firer. Ruora IFKIufts Dollva wane w4h rWna Ls"s Sorv,ce * Yea INrnanea Qar hed Accepted Date Tttle � RrOpP9 by Stem ken mk$ Sakrs 1r Hems GoH Ca e_...,.... #--A Ijildmats w.a,r.sta A Wisconsin 155 N Crescent Ridge • Dubuquo, to 52003 549 NearllAnc Drive, Suile A • Sugar Grove, IL 60554 1020 S Highway 30 • Blur NE 68008 13900 Leetsbir Road • Sturtevant HARRIS GOLF CARS QN-CALL PTV SERVICE CONTRA`T This service agreement shall be between the Customer, City o/EWn, and the Provider, Harris Golf Cars WI 53177 HARRIS GOV CAMS ERVICKS PROVIR All recommended preventive maintenance as described by Yamaha All warranty repairs, modification campaigns, including parts and labor On -Call service visits including labor to inspect and repair vehicles to ensure salrty and Customer Satidactoon Annual Service labor fr Parts Cost for Complete inspection and repair of componrmts including but not limited to steering, suspension, brakes. acceleration, electrical, drive train, clutches, batteries tiles. etc All cars will be returned to specs for safety and reliability Perform daily pre -operation inspection Maintain all fluid levels and provide clean fuel and or proper battery charge Clean, Secure & $tore all Golf Cars Cost of parts for repairs leacept annual service) from normal wear, not covered under warranty Damage repairs from accident, abuse, negligence or acts of God Harris will provide repairs on a time and material basis. Schedule Service requests online https //www.harrisgolfcars com/service repair/ offi Provelida All preventive maintenance as written in the Genu-ne Yamaha Periodic Maintenance Chart flound n owners manual) incliding labor This contract requires the use of [genuine Harris/Yamaha Parts only Any repairs made due to a manufacturer s detect during Yamaha s limited warranty period. This includes all factory modification campaigns. AM heels nytMbe stop/lied by Marr*IV@m eho to maintain and suplifort flactory tsrorronty. i or periodic visits to inspect the vehicle+ to ensure safely and Customer Satisfaction To perform maintenance warranty repairs and w normal wear and tear repairs as requested or recommended NWMW furor►: A part that wears out or fails due to normal wear and tear, including tiro/wheeis This does not include repairs caused by damage, abuse, or acts of God. Harris Golf Cars will perform these repairs at Customers eiipense AD"AIDUAN Can covered by tiffs cowtrect: TULA QmsetNy 2. Tows affrew"M shall be for the period of 6/1/20S/3W24. ►AYMENT SCHEDULE i chow ai lnte0ral Port o/ tress Proposal dot" l ]/1S/19- 0--.1-- i Lllwwla arataloraalta L WIICOniin N A k y. 155 N Crescent Ridge • Dubuque, IA 52003 549 Meartlana Drive, Suite A - Sugar Grove. It. 6055e tu20 S Highway 30 - Blair. NE 68006 13900 Leetsbir Road • Sturtevant. 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