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HomeMy WebLinkAbout20-56 Resolution No. 20-56 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH PNC EQUIPMENT FINANCE, LLC REGARDING THE LEASE OF GOLF CARS AND MAINTENANCE UTILITY VEHICLES AT THE HIGHLANDS AND WING PARK GOLF COURSES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis; City Clerk, be and are hereby authorized and directed to execute'a Lease Agreement on behalf of the City of Elgin with PNC Equipment Finance, LLC, regarding the lease of golf cars and maintenance utility vehicles at the Highlands and Wing Park golf courses a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2020 Adopted: April 22, 2020 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk E04 .ease Agreement Dated as of March 27,2020 Lease Number 1105625-4 Lessor; PNC Equipment Finance,LLC 655 Business Center Drive, Suite 250 Horsham,PA 19044 Lessee: LESSEE FULL LEGAL NAME FEDERAL TAX M CITY OF ELGIN,IL 366005862 150 DEX'T'ER CT ELGIN,TL 60120 Equipment See attached Certificate of Acceptance for Equipment Description Description Rent Lease Term is for 72 months,with Rent payments due 0 monthly;0 quarterly;®semi-annually;[]annually;each in the amount of$13,872.96 beginning Payment Schedule Lessee shall pay Rent payments exclusively from legally available funds in U.S.currency to Lessor in the amounts and on the dates set forth herein,without notice or demand. TERMS AND CONDITIONS 1. LEASE. Subject to the terms of this Lease,Lessee agrees to lease from Lessor the equipment(the"Equipment')descnbed in the attached Certificate of Acceptance when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease. 2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equipment, Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are the Lessee's responsibility. If Lessee signed a purchase contract for the Equipment,by signing this Lease Lessee assigns its rights,but none of its obligations under-the purchase contract,to Lessor. 3. RENT. Lessee agrees to pay Lessor Rent(plus applicable taxes) in the amount and frequency stated above. Rent Payments under this Lease do not include the accrual of an interest portion. If Lessee's Rent payments are due in Advance,the first Rent payment is due on the date Lessee accepts the Equipment under the Lease. Lessor will advise Lessee as to(a) the due date of each Rent payment, and (b) the address to which Lessee must send payments. Rent is due whether or not Lessee receives an invoice from Lessor. Lessee will pay Lessor any required advance rent when Lessee signs this Lease. Lessee authorizes Lessor to change the Rent by not more than 15%due to changes in the Equipment configuration,which may occur prior to Lessor's acceptance of this Lease. Restrictive endorsements on checks Lessee sends to Lessor will not reduce obligations to Lessor. Unless a proper exemption certificate is provided,applicable sales and use taxes will be added to the Rent. NON-APPROPRIATION OF FUNDS. Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if finds are legally available. In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease,and there is no other legal procedure or available funds by or with which payment can be made to Lessor,and the non-appropriation did not result from an act or omission by Lessee,Lessee shall have the right to return the Equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee,except as the portion of Rent for which funds.shall have been appropriated and budgeted. At lust 30 days prior to the end of Lessee's fiscal year,Lessee's chief executive officer(or legal counsel)shall certify in writing that(a)funds have not been appropriated for the upcoming fiscal period,(b)such non-appropriation did not result from any act or failure to act by Lessee,and(c)Lessee has exhausted all funds legally available for the payment of Rent. 4. UNCONDITIONAL OBLIGATION. LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT-AND ANY OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO MATTER WHAT HAPPENS,EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED,IF IT IS DEFECTIVE OR LESSEE HAVE TEMPORARY OR PERMANENT LOSS OF ITS USE. LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER 5. DISCLAIMER OF WARRANTIES. THE EQUIPMENT 1S BEINC LEASED TO LESSEE IN "AS IS" CONDITION. LESSEE AGREES THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED UPON LESSEE'S OWN JUDGMENT. LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE. LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER,INCLUDING WITHOUT LIMITATION,THE EQUIPMENT'S MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,SUTTABUX Y, DESIGN,CONDITION,DURABILITY,OPERATION,QUALITY OF MATERIALS OR WORF ANSHIP,OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Lessee is aware of the name of the Equipment manufacturer and will contact the manufacturer for a description of warranty rights. If the manufacturcr has provided Lessor with a warranty,Lessor assigns its rights to such warranty to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment. Lessee agrees to scale any dispute regarding perf6rinance of the Equipment directly with the manufacturer of the Equipment: 6. TITLE AND SECURITY INTEREST. Unless otherwise required by the laws of the state where Lessee is located, Lessor shall have title to the Equipment,except as set forth in section 15. 7. USE,MAINTENANCE AND REPAIR Lessee will not move the Equipment from the Equipment Location without Lessor's advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check the Equipment's existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended,as required by all applicable manuals and instructions,and keep it eligible for any manufacturer's certification and/or standard full service maintenance contract. At Lessee's own cost and expense,Lessee will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. Lessee will not make any permanent alterations to the Equipment. & TAXES. Lessee agrees to pay Lessor,when invoiced,all taxes(including any sales,use and personal property taxes),fines,interest and penalties relating to this Lease and the Equipment(excluding taxes based on Lessor's net income). Lessee agrees to file any required personal property tax returns and,if Lessor asks,Lessee will provide Lessor with proof of payment. Lessor does not have to contest any tax assessments. 9. INDEMNITY. Lessor is not responsible for any injuries,damages,penalties,claims or losses,including legal expenses,incurred by Lessee or any other person caused by the transportation, installation,manufacture, selection,purchase, lease,ownership,possession,modification, maintenance, condition, operation,use,return or disposition of the Equipment. To the extent permitted by law,Lessee agrees to reimburse Lessor for and defend Lessor against any claims for such losses,damages,penalties, claims, injuries,or expenses. This indemnity continues even after this Lease has expired, for acts or omissions that occurred during the Lease Term. 10. IDENTIFICATION. Lessee authorizes Lessor to insert or correct missing information on this Lease, including Lessee's official name,serial numbers and any other information describing the Equipment. Lessor will send Lessee copies of such changes. Lessee will attach to the Equipment any name plates or stickers Lessor provides Lessee. . 11. LOSS OR DAMAGE. Lessee is responsible for any loss of the Equipment from any cause at all,whether or not insured,from the time the Equipment is shipped to Lessee until it is returned to Lessor. If any.item of Equipment is lost,stolen or damaged,Lessee will promptly notify Lessor of such event Then,at Lessor's option,Lessee will either(a)repair the Equipment so that it is in good condition and worsting order, eligible for any manufacturer's certification,or(b)pay Lessor an amount equal to the Net Book Value(as defined in Section 14)of tate lost,stolen or damaged Equipment If Lessee has satisfied Lessee's obligations under this Section 11,Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost,damaged,or destroyed Equipment. If Lessee is in default,Lessor will apply any insurance proceeds Lessor receives to reduce Lessee's obligations under Section 14 of this Lease. 12. INSURANCE. Lessee agrees to(a)keep the Equipment fully insured against loss,naming Lessor as loss payee,and(b)obtain a general public liability insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell I.e=,naming Lessor as additional insured, until Lessee has met all Lessee's obligations under this Lease. Lessor is under no duty to tell Lessee if Lessee's insurance coverage is adequate. The -policies shall state that Lessor into be notified of any proposed cancellation at least 30 days prior to the date set for cancellation. Upon Lessor's request, Lessee agree to provide Lessor with certificates or other evidence of insurance acceptable to Lessor. If Lessee does not provide Lessor with evidence sof proper insurance within ten days of Lessor's request or Lessor receives notice of policy cancellation,Lessor may(but Lessor is not obligated to)obtain. insurance on Lessor's interest in tate Equipment at Lessee's expense. Lessee will pay all insurance premiums and related charges. 13. DEFAULT. Lessee will be in default under this Lease if any of the following happens:(a)Lessor does not receive any Rentor other payment due under this Lease within ten days after its due date,(b)Lessee fails to perform or observe any other promise or obligation in this Lease and does not correct the default within ten days after Lessor sends Lessee written notice of default, (c)any representation,warranty or statement Lessee has made in this Lcasc shall prove to have been false or misleading in any material respect, (d) any insurance carrier cancels or threatens to cancel any insurance on the Equipment,(e)the Equipment or any part of it is abused,illegally used,misused,lost,destroyed,or damaged beyond repair,(f)a petition is filed by,or against Lessee under any bankruptcy or insolvency laws,or(g)Lessee defaults on any other agreement between it and Lessor(or Lessor's affiliates). 14. REMEDIES. Upon the occurrence of a default,Lessor may,in its sole discretion,do'any or all of the following: (a)provide written notice to Lessee of default,(b)as liquidated damages for loss of a bargain and not as a penalty,declare due and payable,the present value of(i)any and all amounts which may be then due and payable by Lessee to Lessor under this Lease,plus(ii)all Rent payments remaining through the end of the Lease Term,discounted at the higher of 3%or the lowest rate allowed by law,plus the Fair Market Value of the Equipment(collectively,the"Net Book Value").Lessor has the right to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Egtuprrient,,so long as Lessor does not breach the peace in doing so,or Lessor may use legal process in compliance with applicable law pursuant to court order to have the Equipment repossessed. Lessee will not make any claims against Lessor or the Equipment for trespass,damage or any other reason. If Lessor takes possession of the Equipment Lessor may(a)sell or lease the Equipment at public or private sale or lease,and/or(b)exercise such other rights as maybe allowed by applicable law. Although Lessee agrees that Lessor has no obligation to sell the Equipment,if Lessor does sell the Equipment;Lessor will reduce the Net Book Value by the amounts Lessor receives. Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees(a)that Lessor only needs to give Lessee ten days' advance notice of any sale and no notice of advertising,(b)to pay all of the costs Lessor incurs to enforce Lessor's rights against Lessee,including attorney's fees,and(c)that Lessor will retain all of Lessor's rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee's default. 15. LESSEE'S OPTION AT END OF LEASE. Notwithstanding anything contained in the Lease to the contrary,so long as no default shallhave occurred and be continuing,Lessee may,at Lessee's option,purchase the Equipment leased pursuant to this Rental Schedule on an"as is,where is"basis,without representation or warranty,express or implied,at the end of the Initial Term at a price equal to the Fair Market Value thereof,plus applicable taxes."Fair Market Value"shall be equal to the value which would be obtained in an arms-length tiansaction between an informed and willing buyer and an informed and willing seller tinder no compulsion to sell,and in such determination,costs of removal of the Equipment from its location of current use shall not be a deduction from such value. If Lessee and Lessor cannot agree on the Fair Market Value thereof,such value shall be determined by appraisal at the sole expense of Lessee. Appraisal shall be a procedure whereby two recognized independent appraisers,one chosen by Lessee and one by Lessor, shall mutually agree upon the amount in question. If the appraisers are unable to agree upon the amount in question,a think recognized independent appraisers' evaluation shall be binding and conclusive on Lessee and Lessor. This purchase option as applicable shall only be available if Lessee gives Lessor.90 days'prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terms and conditions of such purchase prior to the expiration date of the Initial Term. Until the Equipment is returned as required below,all terms of the Lease shall remain in full force and effect including the obligation to pay Rent. 16. RETURN OF EQUIPMENT. If(a) default occurs, (b) a non-appropriation of fiinds occurs in accordance with Section 3,or(c) Lessee does not purchase the Equipment pursuant to Section 15,Lessee will immediately return the Equipment to any location(s) in the continental United States and aboard any carriers(s) Lessor may designate. The Equipment must be properly packed for shipment in accordance with the manufacturer's recommendations or specifications,freight prepaid and insured,maintained in accordance with Section 7,and in"Average Saleable Condition." "Average Saleable Condition"means that all of the Equipment is immediately available for use by a third party buyer,user or lessee,other than Lessee named in this Lease, without the need for any repair or refurbishment All Equipment must be free of markings. Lessee will pay Lessor for any.missing or defective parts or accessories. Lessee will continue to pay Rent until the Equipment is received and accepted by Lessor. 17. LESSEE'S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants to Lessor that as of the date of this Lease,and throughout the Lease Term: (a)Lessee is the entity indicated in this Lease;(b)Lessee is a State or a fully constituted political subdivision or agency of the State in which Lessee is located;(c)Lessee is duly organized and existing under the Constitution and laws of the State in which Lessee is located;(d) Lessee is authorized to enter into and carry out Lessee's obligations under this Lease,any documents relative to the acquisition of the Equipment and any other documents required to be delivered in connection with this Lease(collectively,the"Documents");(c)the Documents have been duly authorized, executed and delivered by Lessee in accordance with all applicable laws, rules,ordinances, and regulations, the Documents are valid, legal,binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full authorization of Lessee's governing body,and hold the offices indicated below their signature,each of which is genuine;(f)the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee's authority and shall be used during the Lease Term only by Lessee and only to perform such function;(g)Lessee intends to use the Equipment for the entire Lease Term and shall take all necessary action to include in Lessee's annual budget any funds required to fulfill Lessee's obligations for each fiscal year during the Lease Term;(h)Lessee has complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment;(i)Lessee's obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lease constitutes a pledge of Lessee's tax or general revenues,and any provision which is so constructed by a court of competent jurisdiction is void from the inception of this lease;6)all payments due and to become due during Lessee's current fiscal year are within the fiscal budget of such year,and are included within an unrestricted and unencumbered appropriation currently available for the lease of the Equipment;and (k)all financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee's financial condition. 18. LESSEE'S PROMISES. In addition to the other provisions of this Lease, Lessee agrees that during the term of this Lease(a)Lessee will promptly notify Lessor in writing if it moves Lessee's principal office or it changes names or its legal structure,(b)Lessee will provide to Lessor such financial information as may reasonably request from time to time,and(c)Lessee will take any action Lessor reasonably requests to protect Lessor's rights in the Equipment and to meet Lessee's obligations under this Lease. 19. ASSIGN.N)ENT. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB-LEASE OR PART WITH POSSESSION OF THE EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT. Lessee will not attach any of the Equipment to any real estate. Upon Lessor's reasonable request and at Lessee's cost,Lessee will obtain from each person having an interest in the real estate where the Equipment is located a waiver of any rights they may have in the Equipment. 20. ASSIGNMENT BY LESSOR. This Lease,and the rights of Lessor hereunder and in and to the Equipment,may be assigned and reassigned in whole or in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee;provided,however,no such assignment or reassignment shall_be effective unless and until Lessee shall have been given written notice of assignment disclosing the name and address of the assignee or its agent authorized to receive payments and otherwise service this Lease on its behalf. Upon receipt of notice of assignment,Lessee agrees to record the same in records maintained for such purpose,and further,to make all payments as designated in the assignment,notwithstanding any claim,defense, setoff or counterclaim whatsoever(whether arising from.a breach of this Lease or otherwise) that Lessee may from time to time have against Lessor or Lessor's assigns. Lessee agrees to execute all documents, including acknowledgments of assignment, which may reasonably be requested by Lessor or its assigns to protect their interests in the Equipment and in this Lease_ 21. COLLECTION EXPENSES,OVERDUE,PAYMENT. Lessee agrees that Lessor can,but does not have to,take on Lessee's behalf any action which Lessee fails to take as required by this Lease;and Lessor's expenses will be in addition to that of the Rent which Lessee owes Lessor. If Lessor receives any payment from Lessee.after the due date, Lessee shall pay Lessor on demand as a late charge five.percent(5%)of such overdue amount,limited, however,to the maximum amount allowed by law. 22. AGREED LEASE RATE FACTOR Lessee understands that the Equipment may be purchased for cash(the"Equipment Cost'')or it may be leased By signing this Lease,Lessee acknowledges that it has chosen to lease the Equipment from Lessor for the Lease Term and that Lessee has agreed to pay Rent. Each payment of Rent includes a principal amount based on the Equipment Cost and a lease charge rate. If it is determined that Lessee's payments under this Lease result in an interest payment higher than allowed by applicable law,then any excess interest collected will be applied to the repayment of principal and interest will be charged at the highest rate allowed by law. In no event will Lessor charge or receive or will Lessee pay any amounts in excess of the legal amount. 23. MISCELLANEOUS. This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other agreement. TIl1iE IS OF THE ESSENCE IN THIS LEASE. If a court finds any provision of Lease to be unenforceable,the remaining terms of this TH Lease shall remain in effect. TO E EXTENT THAT THIS LEASE IS FOUND TO NOT BE A TRUE LEASE,THIS LEASE IS A"FINANCE LEASE"AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. Lessee authorizes Lessor(or Lessor's agent)to(a)obtain credit reports,(b)make such other credit inquires as Lessor may deem necessary,and(c)furnish payment history information to credit reporting agencies. To the extent permitted by law,Lessor may charge Lessee a fee of$250.00 to Cover Lessor's documentation and investigation costs. 24. NOTICES. All of Lessee's written notices to Lessor must be sent by certified mail or recognized overnight delivery service,postage prepaid,to Lessor at Lessor's address stated in this Lease, or by facsimile transmission to Lessor's facsimile telephone number, with oral confirmation of receipt. All of Lessor's notices to Lessee may be sent first class mail,postage prepaid,to Lessee's address stated in this Lease. At any time after this Lease is signed, Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change. 25. ANTI-MONEY LAUNDERING/INTERNATIONAL TRADE COMPLIANCE. Lessee represents and warrants to Lessor, as of the date of this Lease,the date of each advance of proceeds under the Lease,the date of any renewal,extension or modification of this Lease,and at all times until the Lease has been terminated and all amounts thereunder have been indefeasibly paid in full,that: (a)no Covered Entity(i)is a Sanctioned Person;or(ii) does business in or with,or derives any of its operating income from investments in or transactions with,any Sanctioned Country or Sanctioned Person in violation of any law,regulation,order or directive enforced by any Compliance Authority; (b)the proceeds of the Lease will not be used to fund any unlawful activity;(c)the funds used to repay the Lease are not derived from any unlawful activity;and(d)each Covered Entity is in compliance with,and no Covered Entity engages in any dealings or transactions prohibited by,any laws of the United States. As used herein:. "Compliance Authority"means each and all of the(a)U.S.Treasury Department/Office of Foreign Assets Control,(b)U.S.Treasury Department/Financial Crimes Enforcement Network, (c) U.S. State DepartmentfDirectorate of Defense Trade Controls, (d) U.S. Commerce Department/Bureau of Industry and Security, (e) U.S. Internal Revenue Service, (f) U.S. Justice Department, and (g) U.S. Securities and Exchange Commission; "Covered Entity"means Lessee, its affiliates and subsidiaries and direct and indirect owners; "Sanctioned Country"means a country subject to a sanctions program maintained by any Compliance Authority;and"Sanctioned Person"means any individual person,group,regime,entity or thing listed or otherwise recognized.as a specially designated, prohibited, sanctioned or debarred person or entity, or subject to any limitations or prohibitions(including but not limited to the blocking of property or rejection of transactions),under any order or directive of any Compliance Authority or otherwise subject to,or specially designated under,any sanctions program maintained.by any Compliance Authority. 26. USA PATRIOT ACT NOTICE. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain,verify and record information that identifies each lessee that opens an account. What this means: when the Lessee opens an account,Lessor will ask for the business name, business address,taxpayer identifying number and other information that will allow the Lessor to identify Lessee,such.as organizational documents. For some businesses and organizations,Lessor may also need to ask for identifying information and documentation relating to certain individuals associated with the business or organization. 27• WAIVERS. LESSOR AND LESSEE EACH AGREE TO WAIVE,AND TO TAKE ALL REQUIRED STEPS TO WAIVE,ALL RIGHTS TO A JURY TRIAL. To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections 508-522) of the Uniform Commercial Code including but not limited to Lessee's rights to: (a) cancel or repudiate this Lease; (b)reject or revoke acceptance of the Equipment;(c)recover damages from Lessor for any breach of warranty or for any other reason;(d)grant a security interest in any Equipment in Lessee's possession. To the extent Lessee is permitted by applicable law,Lessee waives any rights they now or later may have under any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor's damages, which requires Lessor to provide Lessee with notice of default, intent to accelerate amounts becoming due or acceleration of amounts becoming due,or which may otherwise limit or modify any of Lessor's rights or remedies. ANY ACTION LESSEE TADS AGAINST LESSOR FOR ANY DEFAULT,INCLUDING BREACH OF WARRANTY OR INDEMNTTI',MUST BE STARTED WITHIN ONE YEAR AFTER THE EVENT,WHICH CAUSED IT. Lessor will not be liable for specific performance of this Lease or for any losses,damages,delay or failure to deliver Equipment. 28. IMPORTANT INFORMATION ABOUT PHONE.CALLS. By providing telephone number(s)to Lessor,now or at any later time,Lessee authorizes Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s) with Lessor or its affiliates, whether such accounts are Lessee individual accounts or business accounts for which Lessee is a contact,at such numbers using any means,including but not limited to placing calls using an automated dialing system to cell,VolP or other wireless phone number,or leaving prerecorded messages or sending text messages,even if charges may be incurred for the calls or text messages. Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor. IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WINCH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY NOT BE LEGALLY ENFORCED. THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT BETWEEN LESSEE AND LESSOR. LESSEE AGREES TO COMPLY V1TIH THE TERMS AND CONDITIONS OF THIS LEASE. LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE'S APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE ISNOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL LESSOR EXECUTES THIS LEASE. THIS LEASE WELL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE PNC Equipment Finance,LLC CITY OF � 5 _L2_ , C2ehJt( Richard G. Kozal pP"°'N"City Manager r�tl.ntii _ �l rar. Apri122-2020 655 Business Center Drive,Suite 250 0 DEXTER CT Horsham,PA 19044 ELGINJL 60120 OPIMON OF COUNSEL I have acted as counsel to the above-referenced Lessee (the"Lessee")with respect.to this Lease Agreement by and between the Lessee and Lessor(the"Lease"), and in this capacity have reviewed the original or duplicate originals of the Lease and such other documents as I have deemed relevant. Based upon the foregoing,I am of the opinion that:(A)Lessee is a state or a fully constituted political subdivision or agency of a state within the meaning of Section 103 of the Internal Revenue Code of 1986,as amended;(B)the execution,delivery and performance of the Lease by Lessee has been duly authorized by all necessary action on the part of Lessee;(C)the Lease constitutes a legal,valid and binding obligation of Lessee enforceable in accordance with its terms, except as limited by laws of general application affecting the enforcement of creditors'rights,and does not constitute a debt of Lessee which is prohibited by state law;(D)the authorization,approval and execution of the Lease and all other proceedings of Lessee related to the transactions contemplated thereby have been performed in accordance with all open- meeting laws,public bidding laws, and all other applicable state laws. The undersigned certifies that(s)he is an attorney duly authorized'to practice law in the State of Illinois The foregoing opinions are limited to the laws of such State and federal laws of the United States. Attorney of Lessee By: Print Name: Michael R. GeFirman Law firm: r;+ p © A' . . Lease Number 11055254 Year j Jan_ Feb Mar Apr ' May Jun Jul Aug Sep. _L Oct _ _Nov Dec 2020 j{ r _ 513,87296 $0.00 f $0.00 2021 1 50.00--; _$0.00 SOHO $0.00 € $13,872._96 50.00_ _ $0.00 $0.00 50.00 $13,872.96 50.00 2022 _ 10.00 50.00 ' S0.00 $0.00 1 513,872.96 r 50.00 50.00 _ I 30.00 i $0.00 513,872.96 f 50.00 t SD.00 2023 saoo ' so- i $0.00 50.00 i 513.872.96 i f0.00 SO:oo 80.00 SO.00 + $M872.9 $0.00 $0.00 - -- 2024 $0.00 $0.00 50.00 1 50.00 1 513.872.9E 10.00 _ $O.00 -_,!---S0.00. . 1 $0.00 $13,872.96_ } 50.00 _50.00 +- - 2025 50.00 $0.00 eA.00 1 50.00 $13.872 96 t__x.00 10.00 50.00 $0.00 513,672.96 $0.00 50.00 -- -- • - - 2026 SOAO i $0.00 _ $0.00 10.00 -f $13,872.96 Plus applicable taxes. Payment on invoice could be different based on applicability of sales and use tax.. - This Payment Schedule and its terms and conditions are hereby Incorporated by reference into the tease identified above. Lessor: PWC Equipment Finance, LLC Les" F ELGIN,IL �- Signat e: Si atu XX Print - P nt Nis e:�,� Richard G. Kozal -- -- - - Trde: Qp" Title:vy�, �-• /� yl . City Manager Date, - Data: April 22, 2020 PNC Equipment Finance, LLC 655 Business Center Drive,Suits 250 a Horsham,PA 19044 Questions,call: (800)559-2755 FAX: (888)888.3695 7/19 SE Payment Schedule (RPNC EQUIPMENT FINANCE 0 PD AMENDMENT TO LEASE AGREEMENT 1105625-4 This Amendment("Amendment'), dated and effective as of April 17, 2020, to that certain Lease Agreement 11056254 (the"Lease") between City of Elgin, IL, with its principal place of business at 150 Dexter Court, Elgin, IL 60120 ("Lessee"), and PNC Equipment Finance, LLC,with an address at 655 Business Center Drive, Suite 250, Horsham, PA 19044 ("Lessor'). In consideration of the mutual covenants contained herein and other valuable consideration received, and with the intent to be legally bound, the parties amend the Lease as follows: Section 3. RENT. Heading NON-APPROPRIATION OF FUNDS is amended and restated in its entirety as follows:; "Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available. In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and operating.funds are not otherwise available to Lessee to pay the Rent and other payments, due and to become due under this Lease, and there is no other legal procedure or available funds by or with which payment can be made to Lessor, Lessee shall have the right to return the Equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee, except as the portion of Rent for which funds shall- have been appropriated and . budgeted. At least 30 days prior to the end of Lessee's fiscal year, Lessee's chief executive officer(or legal counsel) shall certify in writing that (a) funds have not been appropriated for the upcoming fiscal period and (b) Lessee has exhausted all funds legally available for the payment of Rent." Section 8. TAXES. Is amended to add the following sentence to the end of the Section: "Lessee will provide tax exemption certificates if requested by Lessor." Section 14. REMEDIES. Sentence 7 is amended and restated as follows: "Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees (a)that Lessor only needs to give Lessee ten days' advance notice of any sale and no notice of advertising, (b) to pay all of the costs Lessor incurs to enforce.Lessor's rights against Lessee, and (c) that Lessor will retain all of Lessor's rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee's default." Section 24. NOTICES. Is amended and restated in its entirety as follows: "Lessor 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 the Lessor agrees that service by first class U.S. mail to the entity and address provided for herein shall constitute effective service. Both parties hereto waive any rights to a jury. This Agreement shall be subject to and governed by- the laws of the State of Illinois. In the event of any conflict between the body of this lease agreement and any attachments or other forms associated therewith, the terms and provisions of this lease agreement shall supersede and control." All other terms and conditions of the Lease shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date above written. CISAN, IL PNC QUI PMENT FINANCE, LLC (�(.( Authorized Signature ut orized Signature Richard G..Kozal PA Printed Name P ' ted Name !! City Manager l I Title Titl (�/l/ :j I March 27,2020 i CITY OF ELGIN,IL I Course Name:Wing Park GC/Highlands of Elgin 150 DEXTER CT ELGIN, IL 60120 Attn:Accounts Payable RE: Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance,LLC and CITY OF ELGIN, IL Before funding your transaction, PNC Equipment Finance, LLC requires evidence of appropriate insurance coverage on the equipment described in your transaction documents. Please forward this request to your insurance company, agent or broker as soon as possible and ask for the evidence of insurance to be sent to the address below. PNC Equipment Finance,LLC will have an insurable interest in the following equipment: Quanttty Descriptlon Serial No. 72 TFM 7EX - As a condition to entering into the equipment financing transaction, PNC Equipment Finance, LLC requires the following at all times during the term of the transaction: 1. All of the equipment must be Insured for its full insurable value on a 100%replacement cost basis or asset forth in the documents. 2. PNC Equipment Finance, LLC must be named as lender loss payee under a property insurance policy insuring all risks to the equipment, including fire,theft,and other customary coverage under an"extended coverage"endorsement,with a deductible not to exceed$10,000 per occurrence. 3. PNC Equipment Finance, LLC must receive evidence that a comprehensive general liability insurance policy is in place with.a minimum coverage of$1,000,000. PNC Equipment Finance,LLC must be named as an additional insured under the liability policy. 4. Each property insurance policy must contain a lender's loss payable clause,or special endorsement,in which the insurer agrees that any loss will be payable in accordance with the policy terms,notwithstanding any act or negligence of the insured. 5. Each policy must provide for 30 days'written notice to PNCEF prior to any cancellation,non-renewal or amendment of the policy. The evidence of insurance can consist of a Certificate of Insurance form, Evidence of Insurance form, Memorandum of Insurance, binder for insurance,declarations page,or the actual policy and endorsements,in each case naming PNC Equipment Finance,LLC as follows: PNC Equipment Finance,LLC,and its successors and assigns,as lender loss payee Attn: Insurance Department 655 Business Center Drive,Suite 250 Horsham,PA 19044 When completed,the evidence of insurance should be provided to the following address: PNC Equipment Finance,LLC 655 Business Center Drive,Suite 250 Horsham,PA 19044 W M 1 w 7119 SE Insurance Letter(Lease) E23 CERTIFICATE OF ACCEPTANCE Lease Number 1105625.4 Quantity Description Serial No. 72 - TFM 7EX ® City of Elgin,IL Wing Park GC/Highlands of Elgin 150 Dexter Court Elgin;IL 60120 Lessee,through its authorized representative,hereby certifies to Lessor that: 1. The Equipment has been delivered to the location where it will be used,which is the Equipment Location given in the Lease Agreement("Lease"); 2. All of the Equipment has been inspected and is(a)complete,(b)properly installed,(c)functioning,and(d) in good working order, 3. Lessee accepts the Equipment for all purposes under the Lease as of d`a , 20o-ICOe "Acceptance Date%which is the date on which the Equipment was delivered and installed; 4. The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee's purposes;and 5. Lessee is not in default under the Lease, no Non-Appropriation of Funds(as described in the Lease)has occurred,and all of Lessee's statements and promises set forth in the Lease are true and correct. Lessor is hereby authorized to insert serial numbers on the Lease. THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS ac1DAY OF_ r 20�o CITY OF ELG ("Le a,tt,o�ea signattce Richard G. Kozal Pdrd Name City Manager - nae: April , 2020 Date — — — 150 DEXTER CT ELGIN,IL 60120 E24 RESOLUTION AND CERTIFICATE OF INCUMBENCY i Lease Number 1105625-4 ppM G Lessee: CITY OF ELGIN, IL E WHEREAS,Lessee,a body politic and corporate duly organized and existing as a political subdivision,municipal corporation or similar public entity of the State or Commonwealth("State")is authorized by the laws of the State to purchase,acquire and lease certain equipment and other property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto;and WHEREAS,pursuant to applicable law,the governing body of the Lessee('Governing Body's is authorized to acquire,dispose of and encumber real and personal property,including,without limitation,rights and interest in property,leases and easements necessary to the functions or operations of the Lessee. WHEREAS,the Governing Body hereby finds and determines that the execution of one or more Lease Agreements or lease schedules('Leases?in the amount not exceeding the amount stated above for the purpose of acquiring the property("Equipment")to be described in the Leases is appropriate and necessary to the functions and operations of the Lessee. WHEREAS,PNC Equipment Finance,LLC('Lessor")shall act as Lessor under said Leases. NOW,THEREFORE,Be It Ordained by the Governing Body of the Lessee: Section 1. Either one of the OR (each an"Authorized Representative")acting on behalf of the Lessee, is hereby authorized to negotiate,enter into;execute;and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body,which document Is available for public Inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate,enter into,execute,and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized. Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may.designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee. Section 3. The Lessee's obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and the Lessee's obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State. Section 4. This resolution shall take effect immediately upon its adoption and approval. NAMES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY Richard G. Kozal City Manager Name Title Name Title ADOPTED AND APPROVED on this A120122 _ _ _ 2020 Section 5. I,the undersigned Secretary/Clerk identified below,does hereby certify that 1 am the duly elected or appointed and acting Secretary/Clerk of the above Lessee,a political subdivision duly organized and existing under the laws of the State where Lessee is located,that I have the title stated below,and that,as of the date hereof,the individuals named above are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names. The undersigned Secretary/Clerk of the above-named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Lessee,that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in full-force and effect on the date stated below. LE E: C 0 ELGIN,I Si nature of Se ry/ of Lessee 7 Print Name: Kimberly A. Dewis Official True:. City Clerk__ Date: Al2ri122, 2020 y 7N9 SE Muni Resolution and Cert of Incumbency Lease 1905625-4 Pleaseprovide the following information. By providing such information,you will enable us to ensure prompt payment of your vendor and the correct processing of your lease transaction. Thank you. Lessee Information -Full Business Legal Name:.CITY OF ELGIN, IL I Federal Tax ID Number.366005862 Invoices should be directed to: Attention: Address r-- _ --- City: State: `- -C zip: _ Preferred Method of Payment: .(Please check) ❑ Monthly Invoice(Mail) Invoices should be directed to: - Attention: — - Address City: -- - - Email: ❑ Monthly Invoice(Email) BIUI Contact Contact Information In order to verify receipt of equipment and review terms and conditions of the lease,please provide contact information for one or more staff that can assist in this process. Contact 1: �- --- ---- - - -Phone: -- - - Ernaih Contact 2c Phone: Email: I hereby attest the above information Is accurate. Signature - Date x _ Email' - - -- i t Y, it PNC Equipment Finance, LLC 655 Business Center Drive,Suite 250•Horsham,PA 19044 Questions? Call(800)559-2755 u Fax: (888)888-3695 7/19 SE Customer Information Form 0 ME �W`fag UMOW9W PNC Equipment Finance, LLC a Delaware limited liability company('PNC"), is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located. If you select that you are exempt by marking one of the g checkboxes below, you must provide a valid exemption certificate. If you do not provide this certificate prior to the booking of your transaction,you will be responsible for sales tax on all accrued payments. If tax has been remitted up front and financed into your lease payment,your account will not be marked sales tax exempt if you provide an exemption certificate after your transaction has been booked. If your tax is remitted on a monthly basis, your lease may be marked sales tax' exempt for the remaining payments left to be invoiced if you provide a valid exemption certificate after your transaction has been booked. In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences, you will be charged sales/use tax. Personal property tax returns will be filed as required by local law. In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us, please notify us as soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly. Please indicate below if your lease is subject to tax or whether a valid exemption exists. Sales Tax ❑ 1 agree that my lease is subject to sales/use tax. ❑ 1 am exempt from sales/use tax and I have attached a completed exemption certificate to PNC. ❑ 1 am claiming a partial exemption from tax. I have attached a completed exemption certificate or other documented proof of this partial exemption. ❑ 1 agree that my business is subject to sales/use tax and I have attached a completed resale certificate. This certificate indicates that I will be responsible for collection and remittance of sales/use tax based on the subsequent re-rental of the property. If applicable to the tax rates in your state,are you outside the city limits or in an unincorporated area? ❑ Inside city limits ❑ Outside city limits ❑ Unincorporated area Property Tax ❑ 1 have a valid abatement or property tax exemption(documentation attached). ❑ Location: State Taxing District.. Additional comments: - Lease Number 1105625-4 Less F ELGIN,IL Si P °t Richard G. Kozal Title: City Manager .date: —April 22,-2020------ --PLEASE 2,"2020---" —PLEASE COMPLETE AND SIGN FORM — — 7/19 SE Tax Notificabon f h Ti , yet fy .,;.' _, y y '"�v \ft:• ,� ,»� exco .'� .iF yye�aa ��yy�}}.� ' :• i �.�y+.� �w-. .., -- 7j tA it`d"" •l ^� ,1..," +. �' ��' .r�p�, E-Z- �F�E �•',�E'� E[� Fsjh C-�� ; A' 3/30/20 Jim Vogt Highlands of Elgin/Wing Park 875 Sports Way Elgin, IL 60123 Dear Jim, E-Z-000 is honored to prepare this exclusive proposal for Highlands of Elgin/Wing Park and its members. Since 1954, E-Z-GO has pioneered the golf car industry with its innovative, reliable and durable vehicles. E-Z-GO is committed to providing its customers with vehicle solutions that exceed expectations and perform to the demands of their facilities. E-Z-GO and Cushman®vehicles are manufactured in our globally recognized,award-winning facility in Augusta, GA.Whether you choose the TXTG or RXVG golf car,you can expect proven reliability and the industry's latest innovations. Cushman utility and hospitality vehicles are available in electric, gas and diesel models,and are purpose-built to tackle all of your operation's maintenance and hospitality needs. But the E-Z-GO advantage goes beyond our products.When you choose E-Z-GO,you gain access to a level of service and support unsurpassed in the industry,through the largest fleet of factory direct service technicians,our strong network of factory-owned branch locations and authorized distributors. E-Z-GO is dedicated to advancing the game of golf and the industry that is the engine behind it. We are a Platinum Corporate Advantage partner of the Club Managers Association of America, a silver partner with the Golf Course Superintendent Association of America,and provide support to numerous regional and local association chapters and events throughout the world of golf. Our reputation for quality,performance and customer service has made us fortunate to enjoy the company of some of the most famous facilities in golf,from Pebble Beach Resorts, Bandon Dunes Golf Resort, and Pinehurst Resort. As you review the enclosed materials, please do not hesitate to contact me with additional questions. I look forward to hearing from you soon,and to serving you at Highlands of Elgin/Wing Park. With sincere appreciation, Brian Termini Senior Sales Manager (847)204-8373 btermini@textron.com al; CV�7r7t�U1��1 �■' Urs Wom A Textron Company iP OUR MSTORY During the hot summer of 1954, in a cramped one-room machine shop in Augusta,two brothers founded E-Z-GO from a simple belief that they could build a better golf car,to better meet the needs of the customer. From those humble beginnings,E-Z-GO has grown into a global leader in the golf industry and light transportation, building many thousands of vehicles each year from its global headquarters in Augusta, which has been recognized as one of the top 10 manufacturing facilities in North America by Industry Week magazine. E-Z-GO manufactures multiple,extensive lines of vehicles,including golf cars, utility vehicles, personnel carriers, refreshment vehicles and is able to customize any vehicle to your unique requirements. E-Z-GO is a renowned leader in electric-vehicle technology,from our revolutionary RXV,with its exclusive AC Drive technology and automatically applied parking brake,to our newly redesigned TXT golf car,with innovative TruCourseT"Technology and a host of features designed to enhance the on-course experience for the golfer.Our Cushman line of utility vehicles offers a range of models with varying payloads and powertrains to handle any job on your course—upholding the tradition of a brand that has been recognized for more than a century for its rugged, reliable and versatile work machines. - i E-Z-GO became part of Textron Inc.(NYSE:TXT)in 1960-This global,multi-industry company leverages 6 its global network of aircraft,defense, industrial and finance businesses to provide customers with innovative solutions and services.Textron is known around the world for its powerful brands such as Bell A Helicopter, Cessna Aircraft Company,Jacobsen, Kautex, Lycoming, E-Z-GO,Greenlee, and Textron Systems. g Today, E-Z-GO still has that single belief—that it exists to build vehicles and services that exceed the i expectations of the customer. It is the drive to sustain and improve that position—to offer an unparalleled combination of world-class products, advanced technology, manufacturing expertise, and extraordinary service—that leads E-Z-GO to cover new ground. k ■ CUSHMAN , s Lrrs�Rw A Tbrtron Gmnpany. - P d C 0 n g 3/30/20 Highlands of Elgin/Wing Park QTY MODEL - YEAR TERMS PRICE EX_T_ENDED.PRICE 74 RXV ELITE(Lithium Ion) 2020 6yr Operating Lease $416.35 $30,809.90_ 15 TXT-G(EFI) 2020 6yr Operating Lease $200.47-_ $3,007.05 1- Hauler 120OG Picker 2020 6yr Operating Lease - $847.81 $847.81 1 - Hauler 120OG(Electric 2020 6yr Operating Lease $699.96 $699.96 -4 r -Hauler_1200G 2020 6yr Operating Lease $665.39 _ ._ $2,661.56 INCLUDED,ACCESSORIES Color-(72)Bright White/(2) i _ Tari Sun Canopy Top --Fold Down Windshield ' Sand Bottles(2) - -Silver Wheel Covets- Single Message Holder - USB Ports Tan Bag Cover IQ Lithium lon Battery System Custom Logo Number Decals Factory Direct Warranty Other Vehicles QTY MODEL YEAR- " ` -TERMS PRICE -EXTENDEDPRICE 72 - TFM 7EX - 2020 Iftr operating Lease�l $192.68 1 $13,872.96 Any change to the accessory list must be obtained in writing at least 45 days prior to production date. TRADE INFORMATION MANUFACTURER__ QTY MODEL.` - YEAR - TRADE AMOUNT --E-Z.-GO 74 TXT48 2016 $1,750.00 E-Z-GO - u 6 TXT-Gas 2016 $2,500.00 Cushman 6 Hauler 1200X__ 2016 _ _S3,100.00 LEASE PROGRAM DETAILS Payment schedule: SKIP 10 Payment months: October(2020)/May,Oct(2021-2025) Delivery: May 2020 First pay: October 2020 CURRENT LEASE CONDITIONS Upon acceptance of this proposal,Highlands.of ElginWng Park's current lease schedule(s)1943560001194380000 will be terminated after the May 2020 payment has been made provided the lease is current and in good standing. SPECIAL CONSIDERATIONS E-Z-GO at Its discretion reserves the right to offer an early beet roil option.Highlands of EIgINWIng Park must enter into a now lease or purchase agreement with E-Z-GO and the existing lease must be current and in good standing. Above pricing subject to finance and management approval. Trade value used to pay off lease with remaining equity applied to lower payment. No cash returned to dub. i Wing Park Trade Values(Applied as NET DOWN,no cash returned):(7)2006:$1100/(2)2007:$1100/(2)2010:$1700/(3) 2016:$2500. - - - -- - i Club will be provided a check after fleet delivery for 78 batteries @$137.00($10,686.00). NOTE.Ali goods ordered In error by the Customer or goods the Customer wishes to return are subject to a restock fee.The restock fee is 3%of the original Invoice value of the goods.Prices quoted above are those currently in effect and are guaranteed subject to acceptance within 45 days of the data of this proposal. Ap icable state taxes,local taxes,and insurance are not included.Lease rates may change if alternate financing is required.Payment sdredule(s)does not in Ude any finance,documentation,or initiation fees that may be included with the first payment AD lease cars and trades must be In running condition and a fleet i inspection will be performed prior to pick up.It is the dub's responsibility to either repair damages noted or pay for the repairs to be completed.All electric care ° must have a working charger.All pricing and trade values are contingent upon management approval. Highlands of ElginWing Park E-Z-GO Division of Textron Inc. ting. servicing,and are known t passenger vehicle croft-road vehicle can erose you t chemical other s indu' � exhaust carbon ales,and lead,which are known to the State of California to rause cancer and birth defects or other repro To minimize breathing exhaust,do not idle the engine except as necessary,service your vehicle in a well-ventilated ere oHNI/�I1I uerttly when servicing your vehide.For more information go to-www.P65Waminga.ca.gov/passenger-veh' ur s vrocc A Tmmron Company' Accepted by: _ Accepted by:-- MODEL YEAR 2020 Limited Warranty Terms and Conditions- MV and TXT Fleet Vehicles The Textron Specialized Vehicles(TSV)Division of Textron Inc.('Company') provides that any new Model Year 2020 E-Z-GO RXV Fleet and TXT Fleet gasoline or lead-add electric vehicle (the 'Vehicles) and/or battery charger purchased from the Company, a Company affiliate, or an authorized Company dealer or distributor,or leased from a leasing company approved by the Company,shall be free from defects In material or workmanship under normal use and service(the'UmIted Warranty). This Limited Warranty with respect only to parts and labor Is extended to the Original Retail Purchaser or the Original Retail Lessee I'Purchaser) for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below(the'Warranty Period"): PertorComponent WarrarltyPerlod" FRAME-WORKMANSHIP _ -- ----- - - - --- -LIFETIME MAJOR SUSPENSION COMPONENTS-Steering Gearbox,steering column,shodcs,struts and leafsprings 4years MAJOR ELECTRONICS-Electric motor,solid state speed controller and batter char Ter 4 years LEAD ACID DEEP CYCLE BATTERY-TXT ELECTRIC MODELS: _-- • Standard Battery Earlier of 4 years or 23,500 amp hours• Sta nda rd.Battery with optional water fill system Earlier of 4 years or 25,000 amp hours* LEAD ACID DEEP CYCLE BATTERY-RXV ELECTRIC MODELS: -- " - - -"- Earlier of 9 ears or 25,000 amp hours• GAS CAR BATTERY(Gas cars with added electrical loads must be equipped with heavy duty battery) - ___ 2.years- PEDAL GROUP-Pedal assemblies,brake assemblies,brake cables and motor brake 4 ears CANOPYSYSTEM-Canopyandcanopystruts - -- - - - - 4years SEATS-Seat bottom,seat back and hip restraints _ _3"years POW ERTRAI N-.Gasoline engine,gasoline axle,engine air intake and exhaust system 4 years POWERTRAIN-Electric axle -" -3 Years BODY GROUP-Front a nd rear cowls,side pa ne h and instru ment panel _ 3 years OTHER ELECTRICAL COM PON ENTS-Solenoid,limit switches,starter generator,voltage regulator,F&R 3 years switch,charger cord and charger receptacle 'ALLOPTIONS AND ACCESSORIES-Alio tions and accessories supplied by Compari at time of purchase 2.ears ALL OTHER COMPONENTS-All other components supplied by Company at time of purchase 2 years INITIAL ADJUSTMENTS-lnitial:alignment,adjustments;fastener retightening.. - - - - 90D-s'. ' •Added electrical components not port of original Vehicle drive system equipment that consume equal to or more than.4 omps shall reduce the amp hour battery warranty by fifteen percent(15%).Added electrical components not pan of original Vehicle drive system equipment that consume kss than.4 ..amps shall reduce the camp hour battery warranty by ten percent(10%). See reverse for other battery warranty limitations,conditions and exceptions. The Warranty Period for all parts and components of the Vehicle other than Lead Acid Deep Cycle Batteries shall commence on the date of delivery tothe Purchaser's location or the date on which the Vehicle Is placed in Purchaser-requested storage. The Warranty Period for Lead Acid Deep Cycle Batteries shall commence on the earliest of the date of: • Vehicle delivery to the Purchaser's location, • on which the Vehicle is placed In Purchaser-requested storage or • that is one(1)year from the date of manufacture of the Vehicle. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the TSV Customer Care/Warranty Department. EXCLUSIONS:Specifically EXCLUDED from this Limited Warranty are: • routine maintenance items,normal wear and tear,cosmetic deterioration or electrical components damaged as a result of fluctuations in electric current; • damage to or deterioration of a Vehicle,part or battery charger resulting from inadequate or Improper maintenance,neglect,abuse,Improper usage,accident or collision; • damage resulting from Installation or use of parts or accessories not approved by Company,Including but not limited to subsequent failures of the Vehicle,other parts or the battery charger due to the Installation and/or use of parts and accessories not approved by Company; • warranty repairs made by other than a Company branch or an authorized and qualified Dealer designee.Warranty repairs by other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; • damage or loss resulting from acts of nature,vandalism,theft,war or other events over which Company has no control; • any and all expenses Incurred-in transporting the Vehicle to and from the Company or an authorized and qualified Dealer,distributor or designee for warranty service or in performing field warranty service;and • any and all expenses,fees or duties Incurred relative to Inbound freight,Importation,or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: • shows indications that routine maintenance was not performed per the Owner's Manual,including but not limited to rotation of fleet,proper tire inflation,lack of charging,inadequate battery watering,use of contaminated water,loose battery hold downs,routine scheduled oil and filter changes,corroded battery cables and loose battery terminals; lacks an adequate number of operating battery chargers,uses unapproved battery chargers for the vehicle or uses extension cords with battery chargers; shows Indications that the charger has been modified to charge vehicles not approved for the charger, • gasoline vehicles fueled with unleaded gasoline containing more than 109E ethanol,EBS ethanol fuel or other non-recommended fuels, contaminated gasoline or other non-recommended lubricants; • shows Indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows Indications R has been altered or modified in any way from Company specifications,including but not limited to alterations to the speed braking system,electrical system,passenger capacity or seating; • has been altered to be used in an application other than a fleet golf vehicle such as a Personal Transportation Vehicle(PTV),utility,vehicle,or other non-fleet golf vehicle • has non-Company approved electrical accessories or electrical energy consuming devices installed on a gasoline powered Vehicle without installation of a heavy duty 12V battery;or • Is equipped with non-standard tires not approved by Company for the application. FOR FURTHER INFORMATION,CALL 1-800-774-3946,GOTO EZGO.TXTSV.COM,OR WRITE TOTSV DIVISION OF TEXTRON INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA30M LISA. TSV P/N 6465341320 MODEL YEAR 2020 USE OF NON-APPROVED COMPANY PARTS AND ACCESSORIES:THIS LIM RED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARMING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY THE COMPANY,OR WHICH WERE NOT INSTALLED BY THE COMPANY,ITS DEALERS OR DISTRIBUTORS,INCLUDING BUT NOT LIMITED TO NDN-APPROVED GPS SYSTEMS,COOLING AND HEATING SYSTEMS,COMMUNICATION SYSTEMS,INFORMATION SYSTEMS,OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY:Purchasers sale and exclusive remedy under this Limited Warranty In the event of a defect In material or workmanship in the Vehicle,any part or component,or battery charger during the applicable Warranty Period Is that E-Z-GO will,at its sole option,repair or replace any defective parts.If the Company elects to repair or replace a defective part,the Company may at its discretion provide a factory reconditioned part or new component from an alternate supplier.All replaced parts become the sole propertyof the Company.This exclusive remedy will not be deemed to have failed of Its essential purpose so long as the Company has made reasonable efforts to repair or replace the defective parts. ` DISCLAIMER:THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND LS MADE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,ALL SUCH OTHER WARRANTIES BEING EXPUOTLY DISCLAIMED. LIABILITY LIMITATIONS:IN NO CASE SHALL THE COMPANY BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES,INCLUDING BUT NOT LIMITED TO DEATH,PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER,OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME,INCONVENIENCE OR ANY ECONOMIC LOSS,WHETHER OR NOT THE COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES.THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER'S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE VEHICLE FAILS OF ITS ESSENTIAL PURPOSE.THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE.ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE(3)MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW,THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLYTO YOU. WARNING:ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER W141CH ALTERS THE WEIGHT DISTRigunON OR STABILITY OF THE VENICE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE,PERSONAL INJURY OR DEATH. DONOTMAKEANYSUCHMODIFICATIONSORCHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THE LIMITED WARRANTY. THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERYCHARGER. LEAD ACID DEEP CYCLE BATTERY WARRANTY LIMITATIONS,CONDITIONS AND EXCEPTIONS: • The amp hour Warranty Period for electric Vehicle batteries is as recorded by the Vehicle's controller. • Claims for battery warranty replacement require specific testing,as specified by the TSV Customer Care/Warranty Department.The Company,or an authorized Company dealer or distributor,should be contacted to obtain a copy of the required tests,which must be performed and corrected for temperature,based upon BCI(Battery Council International)recommendations. • NON•FACTORY INSTALLED PARTS OR ACCESSORIES INSTALLED DIRECTLY TO LESS THAN THE COMPLETE VEHICLE BATTERY PACK WILL VOID THE WARRANTYFOR THE ENTIRE BATTERYPACK. • ALL NOWFACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGYFROM ALL BATTERIES. • Electric Vehicle storage facilities must provide the following • ample electrical power to charge a9 Vehicles and allow the charger to shut off automatically, • battery chargers must each have an Independent dedicated 15 amp circuit; • each battery charger must be connected to its circuit with at minimum a NEMA 1S-SRthree-pin receptacle; • five(5)air exchanges per hour In the charging facility; • ifthe facility,utilizes an electrical energy management system,the timer must be set to have avallable fourteen(14)hours of electricity;and • one(1)functional charger for each Vehicle In the fleet with a proper electrical supply as specified above OTHER COMPANY RIGHTS: Company may perform vehicle Inspections(directly or through assigned E-Z-GO representatives)throughthe term of the warranty period. • Company may improve,modify or change the design of any Company vehicle,part or battery charger without being responsible to modify previously manufacttued vehicles,parts or battery chargers. • Company may audit and Inspect the Purchaser's facility,maintenance records and its Vehicles by a Company representatives prior to approving a warranty claim and may contract with a third party to evaluate the Purchaser's storage facilities,fuel storage tanks and/or batteries. • THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS AUTHORITY: No Company employee,dealer,distributor or representative,or any other person,has any authority to bind the Company beyond the terms of this Limited Warranty without the express written approval ofthe TSV Customer Care/Warranty Department. EMISSIONS CONTROL WARRANTY:The Vehicle may also be subject to an emissions control warranty,as required by the US.Environmental Protection Agency and California Air Resources Board,which is provided in a separate Statement with the Vehicle. FOR FURTHER INFORMATION,CALL 1-800.7743946,GO TO EZGO.TXTSV.COM,OR WRITE TO TSV DIVISION OF.TEXTRON INC.,ATTENTION: �. TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA., TSV P/N 646534620 MODEL YEAR 2020 tLimited Warranty.Terms and Conditions- RXV_and TXT ELITE-Fleet Vehicles Textron Specialized Vehicles Inc. ('Company') provides that any new Model Year 2020 E-Z-GO RXV Fleet and TXT fleet Elite electric vehicle(Vehicles factory equipped with a lithium battery pack)(the'Vehicles')and/or the battery charger for the Vehicle's lithium battery pack purchased from the Company,a Company affiliate,or an authorized Company dealer or distributor,or leased from a leasing company approved by the Company,shag be free from defects In material or workmanship under normal use and service(the-Limited Warranty-).This Limited Warranty with respect only to parts and labor is extended to the Original Retail Purchaser or the Original Retail Lessee('Purchaser')for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below(the'Warranty Period'): _ PartorComponent WarrantyPerlod FRAME-WORKMANSHIP -- - - - - LIFETIME SUSPENSION-Steering Gearbox,steering column,shocks and leaf springs 4 Years MAJOR ELECTRONICS-Electric motor,solid statespeed controller - - - `` 4 Years LITHIUM BATTERY SYSTEM-Batter, ack,batte V.mana ement system;battery,chargir,and charger receptacle 5 Years- . PEDAL GROUP-Pedal assemblies,and motor brake 4 Years SEATS_Seat bottom,seat back and hip restraints 4 Years CANOPY SYSTEM-Canopy and canopy struts - - 4 Years POWERTRAIN-Electric axle_ _ 3Years BODYGROUP-From and rear cowls,side panels and instrument panel - _ - 3 Years - OTHER ELECTRICAL COMPONENTS-Solenoid,limit switches,DC/DC cmrnerter,F&R switch,charger mrd, 3 Years wiring harness ALLREMAININGCOMPONENTS-ADoptionsandaccessoriessuppliedbyE-Z-GOattime ofdelivery,andall - 2Years components not specified elsewhere `INITIAL ADJUSTMENTS-Initlalalignment,ad' stments,fastenertlghteni - _ __90 da s The Warranty Period for all parts and components of the Vehicle other than lithium Batteries shag commence on the date bf delivery to the Purchaser's location or the date on which the Vehicle is placed In Purchaser-requested storage.The Warranty Period for Lithium Batteries shall commence on the earliest of_the following dates: • of Vehicle delivery to the Purchasers location, • on which the Vehicle is placed in Purchaser-requested storage or • that is sixty(60)days from the date of sale or lease of the Vehicle by the Company to an authorized Company dealer or distributor. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the original Warranty Period.This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval from the Director of the Company's Customer Care/Warranty Department. EXCLUSIONS:Spedfically EXCLUDED from this Limited Warranty are: • routine maintenance Items,normal wear and tear,cosmetic deterioration or electrical components damaged as a result offluctuations In electric current • damage to or deterioration of a Vehicle,part or battery charger resulting from an accident or collision,or from the neglect,abuse, or Inadequate maintenance of the Vehicles; • damage resulting from installation or use of parts or accessories not approved by Company,including but not limited to subsequent failures of the Vehicle,other parts or the battery charger due to the Installation and/or use of parts and accessories not approved by Company; warranty repairs performed by someone other than a,Company branch or an authorized and qualified Dealer designee.Warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; • damage or loss resulting from acts of nature,vandalism,theft,war or other events over which Company has no control; • any and all expenses Incurred In transporting the Vehicle to and from the Company or an authorized and qualified Dealer,distributor or designee for warranty service or in performing field warranty service;and • any and all expenses,fees or duties incurred relative to inbound freight,importation,or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: shows Indications that routine maintenance was not performed In accordance with the Owner's Manual provided withthe Vehicle,including but not limited to rotation of fleet,proper etre inflation,and lack of charging; shows indications that non-recommended lubricants were applied to the Vehicle and any part thereof; • shows Indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications that it has been altered or modified in any way from Company specifications,Including but not limited to alterations to the speed braking system,electrical system,passenger capacity or seating; • has been altered to be used or operated outside of Company approved applications,specified environments or performance conditions; • is equipped with tires not expresslyapproved by Company for use with the Vehicles; lacks an adequate number of operating battery chargers,or uses unapproved batterychargers ferthe Vehicle ar uses extension cords with battery ! chargers; `+t • shows indication that the battery charger has been modified to charged vehicles not approved for the charger, • has electrical accessories that are not manufactured or sold by the Company for use with the Vehicle or any electrical energy consuming devices installed directly to the battery pack; • shows indications that the battery pack was disassembled,opened,or tampered with In any way; shows indicationsthat attempts may have been made to Intentionally reduce the battery pack life; contain lithium battery packsthat are not paired with the battery management system as supplied by the Company; r p FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO EZGO.TXTSV.COM,OR WRITE TO TEXTRON SPECIALIZED VEHICLES INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA30906 ISA. TSV P/N 6572841320 MODEL YEAR 2020 Length of Storage and Operation limitations Condition Temperature 3 MONTHS STORAGE ONLY,ALL ACCESSORIES TURNED OFF.DO NOT USE IMMEDIATELY AFTER LONG TERM •22-F(-30°C)AND-4'F(-2(rC) EXTREME TEMPERATURE STORAGE.RETURN MODULE TEMPERATURE RANGE TO 50'F(10'C)AND 957F(35'C) STORE UP TO ONE MONTH AT 30%-50%CHARGE,ALL ACCESSORIES TURNED OFF. 113'F(45'C)AND 140-F(60'C) STORE UP TO SIX MONTHS AT 100%BATTERY CHARGE,ALL ACCESSORIES TURNED OFF. BETWEEN-4'F(-20'C)AND 113'F(45'C) OPERATION OF VEHCILE NOT ALLOWED BELOW-47(-2(YC)OR ABOVE 140-F(60'C) USE OF NON-APPROVED PARTS AND ACCESSORIES: THIS LIMITED WARRANTY SHALL NOT APPLY TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR EXPRESSLY AUTHORIZED BY THE COMPANY,OR WHICH WERE NOT INSTALLED BY THE COMPANY,17S DEALERS OR DISTRIBUTORS,INCLUDING BUT NOT LIMITED TO GPS SYSTEMS,COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS,INFORMATION SYSTEMS,OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY:Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle,any part or component,or battery charger during the applicable Warranty Period is that Company will,at tts sole option,repair or replace any defective parts.For such warranty repairs or replacements,the Company may,at Its discretion,provide factory reconditioned parts or new components from alternate suppliers.All replaced parts become the sole property of the Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as the Company has made reasonable efforts to repair or replace the defective parts. DISCLAIMER: THIS LIMITED WARRANTY 15 THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN L%EUOFALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDINGBUTNOTLIMITED TO THEIMPUED WARRANTIES OF MERCHANTABILINOR FITNESS FOR A PARTICULAR PURPOSE,ALL SUCH OTHER WARRANTIES BEING EXPUCMYD15c1AIMED. LIABILITY LIMITATIONS:IN NO CASE SHALLTHE COMPANY BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE.OR CONSEQUENTIAL DAMAGES,INCLUDING BUT NOT LIMITED TO DEATH,PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER,OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME,INCONVENIENCE OR ANY ECONOMIC LOSS,WHETHER OR NOT THE COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE(3)MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES.THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU WARNING:ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE,PERSONAL INJURY OR DEATH. DONOTMAKEANYSUCHMODIFICATIONSORCHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THIS LIMITED WARRANTY. THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACTTHE SAFE OPERATION OFTHE VEHICLE OR BATTERY CHARGER. LITHIUM BATTERY WARRANTY LIMITATIONS,CONDITIONS AND EXCEPTIONS: • Claims for battery replacement require specific testing,as specified by Company's Customer Care/Warranty Department.The Company,or an authorized Company dealer or distributor,should be contacted to obtain a copy of the required tests. • IF IT IS DETERMINED THAT PARTS OR ACCESSORIES WERE INSTALLED DIRECTLY TO THE VEHICLE'S BATTERY PACK WITHOUT THE COMPANYs EXPRESS WRITTEN APPROVAL.THEN THE WARRANTYFOR THE BATTERY PACK ANDTHE BATTERY MANAGEMENT SYSTEM SHALL BE VOID. • ALL NON-48 VOLT AND/OR NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALLBATTERIES. • ElectrkVehidestorage facilities mustprovide the folbwing: • ample electrical powertocharge all Vehicles and allow the chargerto shut off automatically, • batterychargers must each have an Independent dedicated 15 amp circuli; • each battery charger must be connected to its circuit with at minimum a NEMA 15-511three-pin receptacle; • one(1)functional chargerfor each Vehicle In the fleet with a proper electrical supply as spectfied above;and • BATTERYCHARGERS MUST BE THE COMPANY APPROVED CHARGERS FOR LITHIUM BATTERY PACK VEHILLES. OTHER COMPANY RIGHTS: • Company may performsemi•annualvehicleinspections(directlyorthroughassignedCompanyrepresentatives)throughthetermofanyfleetlease. • Company may improve,modify or change the design of any Company vehicle,part or battery charger without being responsible to modify previously manufactured vehicles,parts or battery chargers. • Company may audit and inspect the Purchaser's facility,maintenance records and its Vehicles prior to approving any warranty claim;furthermore, Company may use a third party to perform such audit or inspection of the Purchaser's storage facilities,and/or batteries. • THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS FALSE OR MISLEADING INFORMATION. AUTHORITY: No Company employee,dealer,distributor or representative,or any other person,has any authority to bind Company to any modifications of the terms and conditions of this Limited Warranty without the express written approval from the Director of the Company's Customer care/Warranty Department. R FOR FURTHER INFORMATION,CALL 1-800-77.4-3946,GO TO EZGO.TXTSV.COM,OR WRITE TO TEXTRON SPECIALIZED VEHICLES INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA TSV P/N 657284620 E04 Lease Agreement Dated as of Marcb 27,2020 Lease Number 1105625.4 Lessor: PNC Equipment Finance,LLC 655 Business Center Drive,Suite 250 Horsham,PA 19044 Lessee: LrSM MLL LEGAL NAME MERAL TAX ID CITY OF ELGIN,IL 366005862 150 DEXTER CI ELGIN,IL 60120 Equipment See attached Certificate of Acceptance for Equipment Description Description Rent . Lease Term is for 72 months,with Rent payments due 0 monthly;0 quarterly;®semi-annually;Qannuaily;each in the amount of$13,87296 beginning Payment Schedule Lessee shall pay Rent payments exclusively from legally available funds in U.S.can-ency to Lessor in the amounts and on the dates set forth herein,without notice or demand. TERMS AND CONDITIONS L LEASE. Subject to the terms of this Lease,Lessee agrees to lease from Lessor the equipment(the"Equipment')described in the attached Certificate of Acceptance when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease. 2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equipment, Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are the Lessee's responsibility. If Lessee signed a purchase contract for the Equipment,by signing this Lose Lessee assigns its rights,but none of its obligations under the purchase convact,to Lessor. 3. RENT. Lessee agrees to pay Lessor Ren_t(plus applicable taxes)in the amount and frequency stated above. Rent Payments under this Lease do not include the accrual of an.interest portion. If Lessee's Rent payments are due in Advance;the first Rent payment is due on the date Lessee,accepts the Equipment under the Lease. Lessor will advise Lessee as to(a)the due date of each Rent payment,and(b)the address to which Lessee must send payments. Rent is due whetber or not Lessee receives an invoice from Lessor: Lessee will pay Lessor any required advance rent when Lessee signs this L,easa lessec authorizes Lessor to change the Rent by not more than IS%due to changes in the Equipment configuration,which may occur prior to Lessor's acceptance of this lease. Restrictive endorsements on checks Lessee sends to Lessor will not reduce obligations to Lessor. Unless a proper exemption certificate is provided,applicable sales and use taxes will be added to the Rent. NON-APPROPRIATION OF FUNDS. Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available: In the event Lessee is not granted an appropriation of finds at any time duffing the Lease Term for the Equipment subject to this Lease and operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease,and there is no other legal procedure or available fends by or with which payment can be made to Lessor,and the tion-appropriation did not result from an act_or omission by Lessee,Lessee-shall have the right to return the Equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee,except as the portion of Rett for which funds shall have been appropriated and budgeted. At least 30 days prior to the end of Lessee's fiscal year,Lessee's chief executive officer(or legal counsel)shall certify in writing that(a)funds have not been appropriated for the upcoming fiscal period,(b)such non-appropriation did not result from any act or failure to act by Lessee,and(c)Lessee has exhausted all funds legally available for the payment of Rent. 4. UNCONDITIONAL OBLIGATION. LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO MATTER WHAT HAPPENS,EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED,IF IT IS DEFECTIVE OR IF LESSEE HAVE TEMPORARY-OR PERMANENT LOSS OF ITS.USE. LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER 5. DISCLAIMER OF WARRANTIES, THE EQUIPMENT IS BEING LEASED TO LESSEE IN "AS IS" CONDITION. LESSEE AGREES THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECT® THE EQUIPMENT BASED -'UPON LESSEE'S OWN JUDGMENT. LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER,INCLUDING WITHOUT LIMITATION,THE EQUIPMENT'S MERCHANTABILITY,FTINESS FOR A PARTICULAR PURPOSE,SUITABILITY,DESIGN,CONDITION,DURABILITY,OPERATION,QUALITY OF MATERLUS OR WORKMANSHIP,OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Lessee is aware of the name of the Equipment manufacturer and will contact the manufacturer for a description of warranty rights. If the manufsc,n=has provided Lessor with a warranty,Lessor assigns its rights to such warranty to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment. Lessee agrees to settle any dispute regarding performance of the Equipment directly with the manufacturer of the Equipment. 6. TITLE AND SECURITY INTEREST. Unless otherwise required by the laws of the state where Lessee is located,Lessor shall have title to the Equipment,except as set forth in section 15. 7. USE,MAIN'T'ENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment location without Lessor's advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Lessor.can check the Equipment's existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended,as required by all applicable manuals and instructions,and keep it eligible for any manufacturer's certification and/or standard full service maintenance contract. At Lessee's own c&st and expense,Lessee will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. Lessee will not make any permanent alterations to the Equipment & TAXES. Lessee agrees to pay Lessor,when invoiced,all taxes(including any sales,use and personal property taxes),fines,interest and penalties relating to this Lease and the Equipment(excluding taxes based on.Lessor's net income). Lessee agrees to file any required personal property tax returns and,if Lessor asks,Lessee will provide Lessor with proof of payent . lessor does not have to contest any tax assessments. 9. INDEMNITY. Lessor is not responsible for any injuries,damages,penalties,claims or losses,including legal expenses,incurred by Lessec,or any other person caused by the transportation,installation,manufacture,selection,purchase,lease,ownership,possession, modification,maintenance,condition, operation,use,return or disposition of the Equipment. To the extent permitted by law,Lessee agrees to reimburse Lessor for and defend Lessor against My claims for such losses,damages,penalties,claims, injuries, or expenses. This indemnity continues even after this Lease has expired, for acts or; omissions that occurred during the Lease Term. 10. IDENTIFICATION. Lessee authorizes Lessor to insert or comet missing information on this Lease,including Lessee's official name,serial numbers and any other information describing the Equipment Lessor will send Lessee copies of such changes. Lessee will attach to the Equipment any name plates or stickers Lessor provides Lessee.. . 11. LOSS OR DAMAGE. Lessee is responsible for any loss of the Equipment from any cause at all,whether or not insured,from the time the Equipment is. shipped to Lessee until it is returned to Lessor. If anyitem of Equipment is lost,stolen or damaged,Lessee will promptly notify Lessor of such event. Then,at Lessor's option,Lessee will either(a)repair the Equipment so that it is in good condition and working order,eligible for any manufacturer's certification,or(b)pay Lessor an amount equal to the Net Book Value(as defined in Section 14)of the lost,stolen or damaged Equipment. If Lessee has satisfied Lessee's obligations under this Section 11,Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost,damaged,or destroyed Equipment. If Lessee is in default,Lessor will apply any insurance proceeds Lessor receives to reduce Lessee's obligations under Section 14 of this Lease. 12. INSURANCE. Lessee agrees to(a)keep the Equipment fully insured against loss,naming Lessor as loss payee,and(b)obtain a general public liability insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee,naming Lessor as additional insured, until Lesseehas met all Lessee's obligations under this Lease. Lessor is under no duty to tell Lessee if Lessee's insurance coverage is adequate. The policies shall state that Lessor is to be notified of any proposed cancellation at least 30 days.prior to the date set for cancellation. Upon Lessors request, Lessee agree to provide Lessor with certificates or other evidence of insurance acceptable to Lessor. If Lessee does not provide Lessor with evidence of proper insurance within ten days of Lessor's request or Lessor receives notice of policy cancellation,Lessor may(but Lessor is not obligated to)obtain insurance on Lessor's interest in the Equipment at Lessee's expense. Lessee will pay all insurance premiums and related charges. 13. DEFAULT. Lessee will be in default under this Lease if any of the following happens:(a)Lessor does not receive any Rent or other payment due under this Lease within ten days after its due date,(b)Lessee fails to perform or observe any other promise or obligation in this Lease and does not correct the default within ten days after Lessor sends Lessee written notice of default, (c)any representation,warranty or statement Lessee has inade in this Lease shall prove to have been false or misleading in any material respect, (d) any insurance carrier cancels or threatens to cancel any insurance on the Equipment,(e)the Equipment or any pan of it is abused,illegally used,misused,lost,destroyed,or damaged beyond repair,(f)a petition is filed by or against Lessee under any bankruptcy or insolvency laws,or(g)Lessee defaults on any other agreement between it and Lessor(or Lessor's affiliates). 14. REMEDIES. Upon the occurrence of a default,Lessor may,in its sole discretion;do any or all of the following: (a)provide written notice to Lessee of default,.(b)as liquidated damages for loss of a bargain and not as a penalty,declare due and payable,the present value of(i)any and all amounts which may be then due and payable by Lessee to Lessor under this Lease,plus(ii)all Rent payments remaining through the end of the Lease Term,discounted at the higher of A or the lowest rate allowed by law,plus the Fair Market Value of the Equipment(collectively,the"Net Book Value'.J.Lessor has the right to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment,so long as Lessor does not breach ch the peace in doing so,or Lessor may use legal process in compliance with applicable law pursuant to court order to have the Equipment repossessed. Lessee will not make any claims against Lessor or the Equipment for trespass,damage or any other reason. If Lessor takes possession of the Equipment Lessor may(a)sell or lease the Equipment at public or private sale or lease,and/or(b)exercise such other rights as may be allowed by applicable law. Although Lessee agrees that Lessor has no obligation to sell the Equipment,if Lessor does sell the Equipment,Lessor will reduce the Net Book Value by the amounts Lessor ieceives. Lessee will immediatelying pay Lessor the remainNet Book Value. Lessee agrees(a)that, Lessor only needs to give Lessee ten days'advance notice of any'sale and no notice of advertising,(b)to pay all of the costs Lessor incurs to enforce Lessor's rights against Lessee,including attorney's fees,and(c)that Lessor will retain all of Lessor's rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee's default. IS. LESSEE'S OPTION AT END OF LEASE. Notwithstanding anything contained in the Lease to the contrary,so long as no default shall have occurred and be continuing,Lessee may,at Lessee's option,purchase the Equipment leased pursuant to this Rental Schedule on an"as is,where is"basis,without representation or warranty,express or implied,at the end of the Initial Term at a price equal to the Fair Market Value thereof,plus applicable taxes."Fair Market Value"shall be equal to the value which would be obtained in an arms-length-transaction between an informed and willing buyer and an informed and willing seller under no compulsion to sell,and in such determination,costs of removal of the Equipment from its location of current use shall not be a deduction from such value. If Lessee and Lessor cannot agree on the Fair Market Value thereof,such value shall be determined by appraisal at the sole expense of Lessee. Appraisal shall be a procedure.whereby two recognized independent appraisers,one chosen by Lessee and one by Lessor, shall mutually agree upon the amount in question. If the appraisers are unable to agree upon the amount in question,a third recognized independent appraisers' evaluation shall be binding and conclusive.on Lessee and Lessor. This purchase option as applicable shall only be available if Lessee gives Lessor 90 days'prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee"shall have agreed to all terms and conditions of such purchase prior to the expiration date of the Initial Term. Until the Equipment is returned as required below,all terms of the lease shall remain in fall force and effect including the obligation to pay Rent. 16. RETURN OF EQUIPMENT. If(a) default occurs, (b) anon-appropriation of funds occurs in accordance with Section 3,or(c) Lessee does not purchase the Equipment pursuant to Section I5,Lessee will immediately return the Equipment to any location(s)in the continental United setts and aboard any. carriers(s) Lessor may designate. The Equipment must be properly packed for shipment in accordance with the .manufhet Tees recommendations or specifications,freight prepaid and insured,maintained in accordance with Section 7,and in"Average Saleable Condition." "Average Saleable Condition"means that all of the Equipment is immediately available for use by.a third party buyer,user or lessee,other than Lessee named in this Lease, without the aced for any repair or.refirbishment All Equipment must markings. Lessee will pay for any be free of markiLmissing or .defective parts or accessories. L.es=will continue to pay Rent until the Equipment is received and accepted by Lessor. 17. _LESSEE'S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants to.Lessor that as of the date of this Lease,and throughout the Lease Term: (a)Lessee is the entity indicated in this Lease;.(b)Lessee is a State or a fully constituted political subdivision or agency of the State in which L.cssee is located;(c)Lessee is duly organized and existing under the Constitution and laws of the State in which Lessee is located;(d) Lessee is authorized to enter into and carry out Lessee's obligations under this Lease,any documents relative to the acquisition of the Equipment and any other documents required to be delivered in connection with this Lease(collectively,the"Documents');(c)the Documents have been duly authorized, executed and delivered by Lessee in accordance with all applicable laws,rules,ordinances, and regulations,the Documents are valid,legal,binding agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so,are acting with the full authorization of Lessee's governing body,and hold the offices indicated below their signature,each of-which is genuine;(f)the Equipment is essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee's authority and shall be used during the Lease Term only by Lessee and only to perform such function;(g)Lessee intends to use the_Equipment for the entire Lease Term and shall take all necessary' action to include in Lessee's annual budget any funds required to fulfill'Lessce's obligations for each fiscal year during the Lease Term;(h)Lessee has complied fully with all applicable law governing open meetings;public bidding and appropriations required in connection with this Lease and the acquisition of the Equipment;(i).Lessee's obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law and no provision of this Lease constitutes a pledge of Lessee's tax or general revenues,and any provision which is so constructed by a court of competent Jurisdiction is void from the inception of this lease-,'O)all payments due and to become due during Lessee's current fiscal year are within the fiscal budget of such year,and are included within an unrestricted and unencumbered appropriation currently available for the lease of the Equipment;and (k)all financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee'.s financial condition. 18. LESSEE'S PROMISES. In addition to the other provisions of this Lease,Lessee agrees that during the term of this Lease(a)Lessee will promptly notify Lessor in writing if it moves Lessee's principal office or it changes names or its legal structure,(b)Lessee will provide to Lessor such financial information as may reasonably request from time to time,and(c)Lessee will take any action Lessor reasonably requests to protect Lessor's rights in the Equipment and to meet Lessee's obligations under this Lease. 19. ASSIGNMENT. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB-LEASE OR PART WITH POSSESSION OF THE EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT. Lessee will not attach any of the Equipment to any real estate. Upon Lessor's reasonable request and at Lessee's cost;Lessee will obtain from each person having an interest in the real estate where the Equipment is located a waiverof any rights they may have in the Equipment. 20. ASSIGNMENT BY LESSOR This Lease,and the rights of Lessor hereunder and in and to the Equipment,may be assigned and reassigned in whole or in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee;provided,however,no such assignment or reassignment shall be effective unless and until Lessee shall have been given written notice of assignment disclosing the name and address of the assignee or its agent authorized to receive payments and otherwise service this Lease on its behalf. Upon receipt of notice of assignment,Lessee agrees to record the same in records maintained for such purpose,and further,to make all payments as designated in the assignment,notwithstanding any claim,defense, setoff or counterclaim whatsoever(whether arising from a breach of this Lease or otherwise) that Lessee may from time to time have against Lessor or Lessors assigns. Lessee agrees to execute all documents, including acknowledgments of assignment. which may reasonably be requested by Lessor or its assigns to protect their interests in the Equipment and in this Lease. 21. COLLECTION EXPENSES,OVERDUE PAYMENT. Lessee agrees that Lessor can,but does not have to,take on Lessee's.behalf any action which Lessee fails to take as required by this Lease,and Lessor's expenses will be in addition to that of the Rent which Lessee owes Lessor. If Lessor receives any payment from Lessee after the due date,Lessee shall pay Lessor on demand as a late charge five.percent(5%)of such overdue amount,limited, however,to the maximum amount allowed by law. 22. AGREED LEASE RATE FACTOR, Lessee understands that the Equipment may be purchased for cash(the"Equipment Cost')or it may be leased By signing this Lease,Lessee acknowledges that it has chosen to lease the Equipment from Lessor for the Lease Term and that Lessee has agreed to pay Rent. Each payment of Rent includes a principal amount based on the Equipment Cost and a lease charge rate. If it is determined that Lessee's payments under this Lease result in an interest payment higher than allowed by applicable law,then any excess interest collected will be applied to the repayment of principal and interest will be charged at the highest rate allowed by law. In no event will Lessor charge or receive or will Lessee pay any amounts in excess of the legal amount. 23. MISCELLANEOUS. This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other agreement. TIME IS OF THE ESSENCE IN THIS LEASE. If a court•finds any provision of Lease to be unenforceable,the remaining terms of this Lease shall remain in eff=L TO THE EXTENT THAT THIS LEASE IS FOUND TO NOT BE A TRUE LEASE,THIS LEASE IS A"FINANCE LEASE"AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. Lessee authorizes Lessor(or Lessor's agent)to(a)obtain credit reports,(b)make such other credit inquires as Lessor may deem necessary,and(c)furnish payment history information to credit reporting agencies. To the extern permitted by law,Lessor may charge Lessee a fee of$250.00 to cover Lessor's documentation and investigation costs. 24. NOTICES. All of Lessee's written notices to Lessor must be sent by certified mail orrecognized overnight delivery service,postage prepaid,to Lessor at Lessor's address stated in this Lease;or by facsimile transmission to Lessor's facsimile telephone number,with oral confirmation of.receipt. All of Lessor's notices to Lessee may be sent first class mail,postage prepaid,to Lessee's address stated in this Lease. At any time after this Lease is signed, Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change. 25. ANTI-MONEY LAUNDERING/INTERNATIONAL TRADE COMPLIANCE. Lessee represents and warrants to Lessor, as of the date of this Lease,the date of each advance of proceeds under the Lease,the date of any renewal,extension or modification of this Lease,and at all times until the Lease has been terminated and all amounts thereunder have been indefeasibly paid in full,that (a)no Covered Entity(i)is a Sanctioned Person;or.(i) does business in or with,or derives any of its operating income from investments in or transactions with,any Sanctioned Country or Sanctioned Person in violation of any law,regulation,order or directive enforced by any Compliance Authority;(b)the procoods'of the Lease will nes be used to fiord any unlawfiil activity;(c)the fiords used to repay the Lease are not derived from any unlawful activity;and(d)each Covered Entity is in compliance with,and no Covered Entity engages in any dealings or transactions prohibited by,any laws of the United States. As used herein: "Compliance Authority"means each and all of the(a)U.S.Treasury Depattment.tOffrce of Foreign Assets Control,(b)U.S.Treasury Department/Fi>mncial Crimes Enforcement Network, (c) U.S. State Department/Directorate of Defense. Trade Controls, (d) U.S. Commerce Departm6ntBureau of Industry and Security, (e) U.S. Internal Revenue Service, (f) U.S. Justice Department, and (g) U.S. Securities and Exchange Commission;"Covered Entity"means Lessee, its affiliatesand subsidiaries and direct and indirect owners; "Sanctioned Country"means a country subject to a sanctions program maintained by any Compliance Authority;and,"Sanctloned'Person"means any individual person,group,regime,entity or thing listed or otherwise recognized as a specially designated, prohibited, sanctioned or debarred person.or entity, or subject to any limitations or prohibitions(including but not limited to the blocking ofpropeny or rejection of transactions),under any order or directive of any Compliance Authority_ or otherwise subject to,or specially designated tinder,any sanctions program maimained.by any Compliance Authority. 26. USA PATRIOT ACT NOTICE. To help the government fight the funding of terrorism and money laundering activities,Federal law requires all financial institutions to obtain,verify and record information that identifies each lessee that opens an account. What this means: when the Lessee opens an account,Lessor will ask for the business name, business address,taxpayer identifying number and other information that will allow the Lessor to identify Lessee,such as organizational documents. For some businesses and organizations,Lessor may also need to ask for identifying information and documentation relating to certain individuals associated with the business or organization. 27. WAIVERS. LESSOR AND LESSEE EACH AGREE TO WAIVE,AND TO TAKE ALL REQUIRED STEPS TO WAIVE,ALL RIGHTS TO A JURY TRIAL To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee by Article 2A (Sections 508-522) of the Uniform Commercial Code including but not limited to Lessee's rights to: (a) cancel or repudiate this Lease; (b)reject or revoke acceptance of the Equipment;(c)recover damages from Lessor for any breach of warranty or for any other reason;(d)grant a security interest in any Equipment in Lessee's possession. To the extent Lessee is permitted by applicable law,Lessee waives any rights they now or later may have under any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor's damages, which requires Lessor to provide Lessee with notice of default, intent to accelerate amounts becoming due or acceleration of amounts becoming due,or which may otherwise limit or modify any of Lessor's rights or remedies. ANY ACTION LESSEE TAKES AGAINST LESSOR FOR ANY DEFAULT,INCLUDING BREACH OF WARRANTY OR INDEMNITY,MUST BE STARTED WITHIN ONE YEAR AFTER THE EVENT,WHICH CAUSED TT. Lessor will not be liable for specific performance of this Lease or for any losses,damages,delay or failure to deliver Equipment. 28. IMPORTANT INFORMATION ABOUT PHONE CALLS. By providing telephone number(s)to Lessor,now or at any later time,Lessee authorizes Lessor and its aflitiates and designees.to contact Lessee regarding Lessee account(s) with Lessor or its affiliates,whether such accounts are Lessee individual accounts or business accounts for which Lessee is a contact,at such numbers using any means,including but not limited to placing calls using an automated dialing system to cell,VOIP or other wireless phone number,or leaving prerecorded messages or sending text messages,even if charges may be incurred for the calls or text messages. Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor. LMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN AGREEMENT MAY NOT BE LEGALLY ENFORCED. THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN AGREEMENT BETWEEN LESSEE AND LESSOR. LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS SS LEASE. LEEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, -FAMILY OR HOUSEHOLD PURPOSES. LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE'S APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND LWTIL LESSOR EXECUTES THIS LEASE. THIS LEASE WELL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE. PNC Equipment Finance,LLC CITY O ("7A)AA ) Z-17 e_ Authmaeducht'_ ri/t� C2e/�dy Richard G. KozalR'°'N`Uity Manager —--- - .�r=a�: Apri122,220 655 Business Center Drive,Suite 250 DIM Horsham,PA 19044 150 DEXTER CT ELGIN,IL 60120 OPINION OF COUNSEL I have acted as counsel to the above-referenced Lessee(the"Lessce")with respect.to this Lease Agreement by and between the Lessee and Lessor(the"Lease");and in this capacity have reviewed the original or duplicate originals of the Lease and such other documents as I have deemed relevant. Based upon the foregoing,I am of the opinion that:(A)Lessee is a state or a fully constituted political subdivision or agency of a state within the meaning of Section 103 of the Internal Revenue'Code of 1986,as amended;(B)the execution,delivery and performance of the Lease by Lessee has been duly authorized by all necessary action on the part of Lessee;(C)the Lease constitutes a legal,valid and binding obligation of Lessee enforceable in accordance with its terms,except as limited by laws of general application affecting the enforcement of creditors'rights,and does not constitute a debt of Lessee which is prohibited by state law;(D)the authorization,approval and execution of the Lease and all other proceedings of Lessee related to the transactions contemplated thereby have been performed in accordance.with all open- meeting laws,public bidding laws, and all other applicable state laws. The undersigned certifies that(s)he is an attorney duly authorized to practice law in the State of_Illinois The foregoing opinions are limited to the laws of such Statc and federal laws of the United States. Attorney of Lessee BY: Print Name: Michael R. Gefirman Law firm: City of Elgin "° �•i�+ � � T .s, ..fj -� <. } �,�1. �`r'�$z'tr Y ?r �k;�i '� w1 s4 ?�'.. � '` �t, ' � „ t,g,_..u` �' � S �. 3 ;'�7::���� ��:s�i!'st�� t sem•` Lease Number 11056254 Year Jan Feb Mar Apr MayJun Jul Aug Sep. Oct Nov Dec 2020 513,672 6 :o.00 s0.00 2021 £0.00 50.00 50.0J $0.00 $13,872.96 $0.00 $0.00 50.00 SO.OD '.113.87226 ; b0.00 S0.00 2022 _ $0.00 50.03 _$0.00 $0.00 $13,872.96 $0A0 50.00 $0.00 50.00 $13,872.96 SO-00 $0.00 2023 S0.0r 50.00 $0.00 50.00 513,872.96 $0.00 $0.00 $0.03 $0.00 $13,672.96 $0.00 $0.00 2024 S0.00 80.03 50.00 $0.00 $13.872.96 10.00 $0.00 50.00 30.00 $13,872.96 $0.00 $0.00 2025 $0.00 S0A) $0.00 $0.00 113,872.96 5_0'.07 50.00 s0.00 50.00 $13,872.96 $0.00 50.00 2028 $0.00 $0.00 $0.00 $0.00 $13.872.96 . Plus applicable taxes. Payment on invoice could be different based on applicability of sales and use tax.. This Payment Schedule and its terms and conditions are hereby incorporated by reference into the Lease Identified above. Lessor:-PNC Eui ment Finance, LLC Les 1 F ELGIN,IL Sienat e• sioPQ 7,rA X x oGoy Print Name: Richard G. Kozal 'Title: Q �, � 91 Title: City Manager Date: Date: April 22, 2020 PNC Equipment Finance, LLC 655 Business Center Drive,Suite 250-Horsham,PA 19044 Questions,call: (800)559-2755 FAX: (868)888-3895 7119 SE Payment Schedule PNC EQUIPMENT FINANCE C on-Iry � AMENDMENT TO LEASE AGREEMENT 1105625-4 This Amendment("Amendment'), dated and effective as of April 17, 2020, to that certain Lease Agreement 11 056254 (the"Lease") between City of Elgin, IL with its principal place of business at 150 Dexter Court, Elgin, IL60120 - ("Lessee"), and PNC Equipment Finance, LLC,with an address at 655 Business Center Drive, Suite 250, Horsham, PA 19044 ("Lessor'). In consideration of the mutual covenants contained herein and other valuable consideration received, and with the intent to be legally bound, the parties amend the Lease as follows: Section 3. RENT. Heading NON-APPROPRIATION OF FUNDS is amended and restated in its entirety as follows: "Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally available. In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and-operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease, and there is no other legal procedure or available funds by or with which payment can be made to Lessor, Lessee shall have the right to return the Equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of the fiscal period for which appropriations were received without penalty or expense to-Lessee, except as the portion of Rent for which funds shall have been appropriated and . budgeted. At least 30 days prior to the end of Lessee's fiscal year, Lessee's chief executive officer(or legal counsel) shall certify in writing that (a) funds have not been appropriated for the upcoming fiscal period and (b) Lessee has exhausted all funds legally available for the payment of Rent." Section 8. TAXES. Is amended to add the following sentence to the end of the Section: "Lessee will provide tax exemption certificates if requested by Lessor." Section 14. REMEDIES. Sentence 7 is amended and restated as follows: 'Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees (a)that Lessor only needs to give Lessee ten days' advance notice of any' sale and no notice of advertising, (b) to pay all of the costs Lessor incurs to enforce Lessor's rights against Lessee, and (c) that Lessor will retain all of Lessor`s rights against Lessee even if Lessor does not choose to enforce them at the time of Lessee's default." Section 24. NOTICES. Is amended and restated in its entirety as follows: "Lessor 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 the Lessor agrees that service by first class U.S. mail to the entity and address provided for herein shall constitute effective service. Both parties hereto waive any rights to a jury. This Agreement shall be subject to and governed by_ thelaws of the State of Illinois. In the event of any conflict between the body of this lease agreement and any attachments or other forms associated therewith,.the terms and provisions of this lease agreement shall supersede and control." All other terms and conditions of the Lease shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of the date above written. CI I ; IL PNC QUIPMENT FINANCE, LLC Authorized Signature u orized Signature Richard G..Kozal Printed Name P ' ted Name City Manager j t Title Titl �/l/ e March 27,2020 CITY OF ELGIN,IL Course Name:Wing Park GC/Highlands of Elgin 150 DEXTER CT ELGIN,IL 60120 Attn:Accounts Payable RE: Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance,LLC and CITY OF ELGIN, IL Before funding your transaction, PNC Equipment Finance, LLC requires evidence of appropriate insurance coverage on the equipment described in your transaction documents. Please forward this request to your insurance company, agent or broker as soon as possible and ask for the evidence of insurance to be sent to the address below. PNC Equipment Finance,LLC will have an insurable interest in the following equipment: Quarlttty Description Serial No. 72 TFM 7EX As a condition to entering into the equipment financing transaction, PNC Equipment Finance, LLC requires the following at all times during the term of the transaction: 1. All of the equipment must be Insured for its full insurable value on a 100%replacement cost basis or asset forth in the documents. 2. PNC Equipment Finance, LLC must be named as lender loss payee under a property Insurance policy insuring all risks to the equipment, Including fire,theft,and other customary coverage under an"extended coverage"endorsement,with a deductible not to exceed$10,000 per occurrence. 3. PNC Equipment Finance,LLC must receive evidence that a comprehensive general liability insurance policy is in place with a minimum coverage of$1,000,000. PNC Equipment Finance,LLC must be named as an additional insured under the liability policy. 4. Each.property insurance policy must contain a lender's loss payable clause,or special endorsement,in which the insurer agrees that any loss will be payable in accordance with the policy terms,notwithstanding any act or negligence of the insured. 5. Each policy must provide for 30 days'written notice to PNCEF prior to any cancellation,non-renewal or amendment of the policy. The evidence of insurance can consist of a Certificate of Insurance form, Evidence of Insurance form, Memorandum of Insurance, binder for Insurance,declarations page-,or the actual policy and endorsements,in each case naming PNC Equipment Finance,LLC as follows: PNC Equipment Finance,LLC,and its successors and assigns,as lender loss payee Attn: Insurance Department 655 Business Center Drive,Suite 250 Horsham,PA 19044 When completed,the evidence of insurance should be provided to the following address: PNC Equipment Finance,LLC 655 Business Center-Drive,Suite 250 Horsham,PA 19044 i I 7119 SE lnwram*Letter(Lease) j CERTIFICATE OF ACCEPTANCE Lease Number 1105625.4 Quantity Description Serial No. 72 TFM 7EX ® City of Elgin,IL Wing Park GC/Highlands of Elgin 150 Dexter Court Elgin,IL 60120 Lessee,through its authorized representative,hereby certifies to Lessor that: 1. The Equipment has been delivered to the location where it will be used,which is the Equipment Location given in the Lease Agreement("Lease"); 2. All of the Equipment has been inspected and is(a)complete,(b)properly installed,(c)functioning,and(d) in good worldng order; 3. Lessee accepts the Equipment for all purposes under the Lease as of �`'� , 20 the "Acceptance Date"),which is the date on which the Equipment was delivered and installed; 4. The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee's purposes;and 5. Lessee is not in default under the Lease, no Non-Appropriation of Funds(as described in the Lease)has occurred,and all of Lessee's statements and promises set forth in the Lease are true and correct. Lessor is hereby authorized to insert serial numbers on the Lease. THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THISo�a DAY OF .20oZD CITY OF ELGI , IL ('Le AU#U *d SoMboo Richard G. Kozal PdfdNam City Manager TU: April o� 150 DEXTER CT ELGIN,IL 60120 i i E24 RESOLUTION AND CERTIFICATE OF INCUMBENCY Lease Number 1105625-4 Lessee: CITY OF ELGIN, IL WHEREAS,Lessee,a body politic and corporate duly organized and existing as a political subdivision,municipal corporation or similar public entity of the State or Commonwealth('State')is authorized by the laws-of the State to purchase,acquire and lease certain equipment and other property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto:and WHEREAS,pursuant to applicable law,the governing body of the Lessee('Goveming Bodyl is authorized to acquire,dispose of and encumber real and personal property,including,without limitation,rights and interest in property,leases and easements necessary to the functions or operatlons.of the Lessee. WHEREAS,the Governing Body hereby finds and determines that the execution of one or more Lease Agreements or lease schedules(`Leases'in the amount not exceeding the amount stated above for the purpose of acquiring the property('Equipment")to be described in the Leases is appropriate and necessary to the functions and operations of the Lessee. WHEREAS,PNC Equipment Finance,LLC('Lessor)shall act as Lessor under said Leases. NOW,THEREFORE,Be It Ordained by the Governing Body of the Lessee: Section 1. Either one of the OR (each an'Authorized Representative')aging on behalf of the Lessee, is hereby authorized to negotiate,enter into,-execute,and deliver one or more Leases in substantially the form set forth in the document presently before the Governing Body,which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is hereby authorized to negotiate,enter into,execute,and deliver such other documents relating to the Lease as the Authorized Representative deems necessary and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized. Section 2. By a written Instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee. Section 3. The Lessee's obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and the Lessee's obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State. Section 4..This resolution shall take effect immediately upon its adoption and approval. NAMES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY Richard G. Kozal City Manager Name Title Name Title. ADOPTED AND APPROVED on this April 22 ,2020 Section 5. I,the undersigned Secretary/Clerk identified below,does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above Lessee,a political subdivision duly organized and existing under the laws of the State where Lessee Is located,that I have the title stated below,and that,as of the date hereof,the individuals named above are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names. The undersigned Secretary/Clerk of the above-named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing Body of the Lessee,that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such resolutions have not been amended or altered and are in futtforce and effect on the date stated below. LE E: C OF ELGIN,IL 6 rgnature of Secretaryof Lessee Print Name: Kimberly A. Dewis Official ritte: City Clerk Date: Al2ril 22,2020 i 1 7119 SE Murd ResduBon and Cert of Incumbency em'PN ���PUIRMENTLX ACpstomerinformation Lease IN 1105625-4 Please provide the following information. By providing such information,you will enable us to ensure prompt payment of your vendor and the correct processing of your lease transaction. Thank you. Lessee Information Full Business Legal Name:CITY OF ELGIN, IL Federal Tax ID Number.366005862 Imrofces should be direcded m: - —----- --- --- Attention: Address ' City: I State:------ ----- - --I—Zip: Preferred Method of Payment: (Please check) ❑ Monthly Invoice(Mail) J trnoloes should be directed to: Email: ElMonthly Invoice(Email) j Contact Information In order to verify receipt of equipment and review terms and conditions of the lease, please provide contact information for one or more staff that can assist in this process. Conffict 1: ( Phone: Eme�l: -- - - ------ - Phone: Email: - - -- ---- --- ----------- - - --- --_ . .---- hereby attest the above information Is accurate. Signature Date X Email: PNC Equipment Finance, LLC 655 Business Center Drive,Suite 250.Horsham,PA 19044 Questions?-Call(800)559-2755 Fax: (888)888-3695 7/18 SE Customer Intonation Form i i 4�---­EQUIPMENTT Notification.of PNC Equipment Finance, LLC a Delaware limited liability company('PNC'), is required to collect and remit sales/use tax in the taxing jurisdiction where your equipment will be located. If you select that you are exempt by marking one of the checkboxes below, you must provide a valid exemption certificate. If you do not provide this certificate prior to the booking of your transaction,you will be responsible for sales tax on all accrued payments. If tax has been remitted up front and financed into your lease payment,your account will not be marked sales tax exempt if you provide an exemption certificate after your transaction has been booked. • If your tax is remitted.on a monthly basis, your lease may be marked sales tax exempt for the remaining payments left to be invoiced If you provide a valid exemption certificate after your transaction has been booked. • In the event we do not receive a valid sales tax exemption certificate prior to the date your lease commences, you will be charged sales/use tax. Personal property tax returns will be filed as required by local law. In the event that any tax abatements or special exemptions are available on the equipment you will be leasing from us, please notify us as-soon as possible and forward the related documentation to us. This will ensure that your leased equipment will be reported correctly. Please indicate below if your lease is subject to tax or whether a valid exemption exists. Sales Tax ❑ 1 agree that my lease is subject to sales/use tax. ❑ 1 am exempt from sales/use tax and I have attached a completed exemption certificate to PNC. ❑ 1 am claiming a partial exemption from tax. I have attached a completed exemption certificate or other documented proof of this partial exemption. ❑ 1 agree that my business is subject to sales/use tax and I have attached a completed resale certificate. This certificate indicates that I will be responsible for collection and remittance of sales/use tax based on the subsequent re-rental of the property. If applicable to the tax rates in your state,are you outside the city limits or in an unincorporated area? ❑ Inside city limits ❑ Outside city limits ❑ Unincorporated area Property Tax ❑ 1 have a valid abatement or property tax exemption(documentation attached). ❑ Location: State Taxing District. Additional comments: Lease Number 1105625-4 Lesse ELGIN,IL S' X PNM ` Richard G. Kozal City Manager - Date: Apri122,-2020 -- j PLEASE COMPLETE AND SIGN FORM 7/19 SE Tax Notflcabon y� 1 t t'a -. .y� -+•'7PWc .• ��i. ',e,���� �j-js, t �,�,��•~,' '`j �y`2E ►. • 1 aY.� A T/' _� �+'°!'..,� _.,,} � f�'1�t � t i; �.?' - i;.5tt-� � .x.--•f :'� `�4 tLiG4- R Y ��.J'•, f t # .'.Y.T•s,�,�;,,:v !sem .8a +'�+ �'d . �.Pyi. �°ii'�;`t�'�•l� "' t11`..i T I `s � �"-'t.� \'-`i�� '4X't?'�',°�� �'� � � cr - •'j � - ��'" �' Vii' ,• �., ' d ! "' Cil_ ;' i1�• -;� �g',4'� -,.� ! .* V � . s - _ -`sir•'.`--e� �_ :z' L n . ��. � �,r y .�t������^Y-,'ham"•` �. 3/30/20 Jim Vogt Highlands of Elgin/Wing Park 875 Sports Way Elgin, IL 60123 Dear Jim, E-Z-GOO is honored to prepare this exclusive proposal for Highlands of Elgin/Wing Paris and its members.Since 1954, E-Z-GO has pioneered the golf car industry with its innovative, reliable and durable vehicles.E-Z-GO is committed to providing its customers with vehicle solutions that exceed expectations and perform to the demands of their facilities. EZ-GO and Cushman®vehicles are manufactured in our globally recognized,award-winning facility in Augusta, GA.Whether you choose the TXTS or RXVS golf car,you can expect proven reliability and the industry's latest innovations, Cushman utility and hospitality vehicles are available in electric,gas and diesel models,and are purpose-built to tackle all of your operation's maintenance and hospitality needs. But the E-Z-GO advantage goes beyond our products.When you choose EZ-GO,you gain access to a level of service and support unsurpassed in the industry,through the largest fleet of factory direct service technicians,our strong network of factory-owned branch locations and authorized distributors. E-Z-GO is dedicated to advancing the game of golf and the industry that is the engine behind iL We are a Platinum Corporate Advantage partner of the Club Managers Association of America,a silver partner with the Golf Course Superintendent Association of America,and provide support to numerous regional and local association chapters and events throughout the world of golf. Our reputation for quality,performance and customer service has made us fortunate to enjoy the company of some of the most famous facilities in golf,from Pebble Beach Resorts,Bandon Dunes Golf Resort,and Pinehurst Resort, As you review the enclosed materials,please do not hesitate to contact me with additional questions. I look. forward to hearing from you soon,and to serving you at Highlands of Elgin/Wing Park. With sincere appreciation, Brian Termini Senior Sales Manager (847)204-8373 btermini@textron.com It CU5MMAM A TO&M Company e iy ry � i OUR MSTORY i During the hot summer of 1954, in a cramped one-room machine shop in Augusta,two brothers founded E-Z-GO from a simple belief that they could build a better golf car,to better meet the needs of the customer. From those humble beginnings,E-Z-GO has grown Iinto a global leader in the golf industry and light transportation, building many thousands of vehicles each year from its global headquarters in Augusta, which has been recognized as one of the top 10 manufacturing facilities in North America by Industry Week magazine. E-Z-GO manufactures multiple,extensive lines of vehicles,including golf cars, utility vehicles, personnel carriers, refreshment vehicles and is able to customize any vehicle to your unique requirements. E-Z-GO is a renowned leader in electric-vehicle technology,from our revolutionary RXV,with its exclusive AC Drive technology and automatically applied parking brake,to our newly redesigned TXT golf car,with innovative TruCourseTm Technology and a host of features designed to enhance the on-course experience for the golfer. Our Cushman line of utility vehicles offers a range of models with varying payloads and powertrains to handle any job on your course—upholding the tradition of a brand that has been recognized for more than a century for its rugged, reliable and versatile work machines. E-Z-GO became part of Textron Inc.(NYSE:.TXT)in 1960.This global,multi-industry company leverages its global network of aircraft,defense, industrial and finance businesses to provide customers with innovative solutions and services.Textron is known around the world for its powerful brands such as Bell Helicopter,Cessna Aircraft Company,Jacobsen,Kautex, Lycoming,EZ-GO,Greenlee,and Textron Systems. Today, E-Z-GO still has that single belief—that it exists to build vehicles and services that exceed the expectations of the customer. It is the drive to sustain and improve that position—to offer an unparalleled combination of world-class products,advanced technology,manufacturing expertise,and extraordinary service—that leads E-Z-GO to cover new ground. 4", CUSHMAN ' A Tlxbw Comparry t i Pricing 3/30/20 Highlands of Elgin/Wing Park EXTENDEDiPRICE;,- 74 RXV ELITE(Lithium Ion) 2020 6yr Operating Lease ~ .,$416.35 $30,809.90 15 TXT-G(EFI) 2020 6yr OPerating Lease $200.47 $3;007.05 1 Hauler 1200G Picker 2020 6yr Operating Lease $847.81 $847.81 1 Hauler 120OG(Electric 2020 6yr Operating Lease $699.96 $699.96 4 Hauler,120OG 1 2020 16yr Operating Lease $665.39 $2,661.56 - Color.(72)Bright White./(2) ; �^Tan Sun Canopy Top i Fold Down Windshield Sand Bottles(2) Silver Wheel Covers- ' Single Message Holder USB Ports Tan Bag Cover Kit - Lithium Ion Battery System Custom Logo Number Decals Factory Direct Warranty Other Vehicles QTY_ MODEL _t YEAR- s TERMS r: c��PRICEt_ - y E_XTENDED'PRICE 72 TFM 7EX 2020 6yr Operating Lease $19268 $13,872.96 Any change to the accessory list must be obtained in writing at least 45 days prior to production date. TRADE INFORMATION NUFACTURER .:J„ QTYr _ IMIODE_L ti YEAR �� '_ TRADE AMOUNT E-Z-GO 74 �TXT48 2016 $1,750.00 - E-Z-GO 6 TXT-Gas 2016 $2,500.00 Cushman 6 Hauler 120OX 2016 .$3,100.00 LEASE PROGRAM DETAILS Payment schedule: SKIP 10 Payment months: October(2020)1 May,Oct(2021-2025) Delivery: May 2020 First pay: October 2020 CURRENT LEASE CONDITIONS Upon acceptance of this proposal,Highlands.of ElginWng Park's current lease schedule(s)194356000/19436MO will be terminated after the May 2020 payment has been made provided the lease is current and In good standing. SPECIAL CONSIDERATIONS E-Z-GO at Its discretion reserves the right to offer an early fleet roll option.Highlands of FJg1nANhtg Park must enter into anew lease or purchase egreemerd with E-Z-GO and the existlng lease must be current and in good standing. Above pricing subject to finance and management approval. Trade value used to payoff lease with remaining equity applied to lower payment. No cash returned to dub. Wing Park Trade Values(Applied as NET DOWN,no cash returned):(7)20D6:$11001(2)2007:$1100/(2)2010:$1700/(3) 2016:$2500. Club will be provided a check after fleet delivery for 78 batteries @$137.00($10,686.00). NOTE:Ag goods ordered in error by the Customer or goods the Customer wishes m return are subject to a restock fee.The restock fee is 3%of the original Invoice value of the goods.Prices quoted above are those currently in effect and are guaranteed subject to acceptance within 45 days of the data td this proposal. Aoo6cabls state taxes.bcel tazea.and insurarroa ere rrot inducted lease rates may change U aMemate finanang is raquv+ed.Peym���sehadufe(s)does no! ' ode erry finerae,documerttatlon,or huittatiort tees that may be inducted with the first paymerri AD lease era and trades must be in running cand'dion and a fleet inspection�be parfomned prior to pkk up.h is the cub's resporrsibBity to edhar repair damages rated or pay for the repa'as b be completed.All electric ears must have a workrng charger.AO priang and bade vetoes are contingent upon managernertt approval. i Highlands of Elgin)Wing Park E-Z-GO Division of Textron Inc. AMRruenly'when ,u;ervldng,and maintaining a passenger vehicle or off-road vehicle can expose you to them icals i exhaust carbon end lead,which are known to the Stats of CaHfomda to rause cancer and birth defects or other repro To minim¢e_UM _ s ng exhaust,do not idle the engtrne as neoeseary,servk a your vehicle in s well vanUlated to MA servicing your vehicle.For more go to_ ora WOM ' A%Imn company i Accepted by: Accepted by: T,Hn• ._- _ -- -- - T.N.. 1 MODEL YEAR 2020 Limited Warranty Terms and Conditions RW and TXT Fleet Vehides The Taxtron Specialized Vehicles(TSV)Division of Textron Inc.('Company) provides that any new Model Year 2020 E-Z-GO RXV Fleet and TXT Fleet gasoline or lead-add electric vehicle (the 'Vehides') and/or battery charger purchased from the Company, a Company affiliate, or an authorized Company dealer or distributor,or leased from a leasing company approved by the Company,shall be free from defects In material or workmanship under normal use and service(the limited Warranty'). This Limited Warranty with respect only to parts and labor Is extended to the Original Retail Purchaser or the Original Retail Lessee('Purchaser) for defects reported to the Company no later than the fallowing warranty periods for the Vehicle parts and components set forth below(the'Warranty Period'): PartorComponent WarrarltyPerlod. FRAME-WORKMANSHIP LIFETIME MAJOR SUSPENSION COM PONENTS-Steering Gearbox,steering column,shocks,struts and leaf springs 4 years MAJOR ELECTRONICS-Electric motor,solid stats speed controller and battery charier 4 years LEAD ACID DEEP CYCLE BATTERY-TXT ELECTRIC MODELS: • Standard Battery Earlier of 4 years or 23,500 amp hours* • Standard Battery with optional water fill system Earlier of 4 years or 25,000 amp hours* LEAD ACID DEEP CYCLE BATTERY-RXVELECTRICMODELS: Earlier of4 years or 25,000 amp hours* GAS CAR BATTERY(Gas cars with added electrical loads must be equipped with heavy dirty battery) 2 years PEDAL GROUP-PedaIassembiles,brake assem blies,brake cables and motor brake 4 ears CANOPY SYSTEM-Ca nopy a not xanopy struts 4 years SEATS-Seat bottom,seat back and hip restraints 3 years_ POWERTRAIN-Gasoline engine,gasoline axle,engine air.intake and exhaust system 4 years POWERTRAIN=Electric axle 3 years BODY GROUP-Front a nd rear cowls,side panels and instrument pane 3 years OTHER ELECTRICAL COMPONENTS-Solenoid,limit switches,starter generator,voltage regulator,FAR 3 years switch,charger cord and charger receptacle ALL OPTIONS AND ACCESSORIES-Ago tions and accessories supplied by Company at time of purchase 2 fears ALL OTHER COM PONENTS-All other components supplied by Campo ny at time of purchase 2 years INiTIAL ADJUSTMENTS-initial alignment,adjustments,fastener retightening 40 Days, •Added electrical components not part of original Vehicle drive system equipment that consume equal to or more than.4 amps shall reduce the amp hour battery warranty by fifteen percent(15%).Added electrical components not pan of original Vehicle drive system equipment that consume less than.4 amps shall reduce the amp hour battery warranty by ten percent(10%). See reverse for other battery warranty limitations,conditions and exceptions. — - The WarrantyPeriodforallpartsandcomponentsoftheVehicleotherthanLeadAcidDeepCycleBatteriesshagcommenceanthedateofdelivery tothe Purchase's location or the date on which the Vehicle Is placed in Purchaser-requested storage. The Warranty Period for Lead Acid Deep Cycle Batteries shall commence on the earliest of the date of: • Vehicle delivery to the Purchaser's location, • on which the Vehicle is placed In Purchaser-requested storage or • that is one(1)year from the date of manufacture of the Vehicle. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the TSV Customer Care/Warranty Department. EXCLUSIONS:Specifically EXCLUDED from this Limited Warranty are: • routine maintenance items,normal wear and tear,cosmetic deterioration or electrical components damaged as a result of fluctuations In electric current; • damage to or deterioration of a Vehicle,part or battery charger resulting from inadequate or Improper maintenance,neglect,abuse,Improper usage,accident or collision; • damage resulting from installation or use of parts or accessories not approved by Company,including but not limited to subsequent failures of the Vehicle,other parts or the battery charger due to the Installation and/or use of parts and accessories not approved by Company. • warranty repairs made by otherthan a Company branch or an authorized and qualified Dealer designee.Warranty repairs by other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; • damage or toss resulting from acts of nature,vandalism,theft,war or other events over which Company has no control; • any and all expenses Incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer,distributor or designee for warranty service or in performing field warranty service;and • any and all expenses,fees or duties Incurred relathreto Inbound freight,bnportation,or amours. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: • shows Indications that routine maintenance was not performed per the Owners Manual,Including but not limited to rotation of fleet,proper the inflation,lack of charging,inadequate battery watering,use of contaminated water,loose battery hold downs,routine scheduled oil and filter changes,corroded battery cables and loose battery terminals; • lacks an adequate number of operating battery chargers,uses unapproved battery chargers for the vehideor uses extension cords with battery chargers; • shows Indications that the charger has been modified to charge vehicles not approved for the charger, • gasoline vehicles fueled with unleaded gasoline containing more than 30%ethanal,ESS ethanol fuel or other non-recommended fuels, contaminated gasoline or other non-recommendedlubricants; • shows Indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows Indications it has been altered or modified in any way from Company specifications,including but not limbed to aheratlansto the speed braking system,electrical system,passenger capacity or seating; • has been altered to be used in an application other than a fleet golf vehicle-such as a Personal Transportation Vehicle(PTV),utility vehicle,or other non-fleet golf vehicle • has non-Company approved electrical accessories or electrical energy consuming devices Installed on a gasoline powered Vehicle without installation of a heavy duty 12V battery;or • Is equipped with non-standard tires not approved by Company for the application. FOR FURTHER INFORMATION,CALL 14=474-3946,GO TO EZGO.TXTSVAOM,OR WRITE TO TSV orvisi ON OF TEXTRON INC.,ATTENTION: TSV CUSTOMER CARE/WARMNTY DEPARTMENT,L451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 646534620 i MODEL YEAR 2020 USE OF NON-APPROVED COMPANY PARTS AND ACCESSORIES:THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY THE COMPANY,OR WHICH WERE NOT INSTALLED BY THE COMPANY,ITS DEALERS OR DISTRIBUTORS,INCLUDING BUT NOT LIMITED TO NON-APPROVED GPS SYSTEMS,COOLING AND HEATING SYSTEMS,COMMUNICATION SYSTEMS,INFORMATION SYSTEMS,OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY:Purchaser's sale and exclusive remedy under this Limited Warranty In the event of a defect In material or workmanship in the Vehicle,any part or component,or battery charger during the applicable Warranty Period H that E-Z-GO will,at its sole option,repair or replace any defective parts.If the Company elects to repair or replace a defective part,the Company may at its discretion provide a factory reconditioned part or new component from an alternate supplier.All replaced parts become the sole properryof the Company.This exclusive remedy will not be deemed to have failed of its essential purpose so long as the Company has made reasonable efforts to repair or replace the defective parts. DISCIMMER:TFBS MWITED WARRANTY S THE SOLE AND EXCLUSIVE WARRANTY PROVE)ED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILIJT OR RTNESS FOR A PARTICGQAR PURPOSE ALL SUCHOTHER WARRAN77E36EfNG FKPLR]TLY D1SpAIMEO. LLABRJITYLIMITATIONS:IN NO CASE SHALL THE COMPANY BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES,INCLUDING BUT NOT LIMITED TO DEATH,PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER,OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME,INCONVENIENCE OR ANY ECONOMIC LOSS,WHETHER OR NOT THE COMPANY WAS APPRISED OF THE FORMABILITY OF SUCH DAMAGES OR LOSSES.THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER'S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE VEHICLE FAILS OF ITS ESSENTIAL PURPOSE.THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAITS OF ITS ESSENTIAL PURPOSE.ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE(3)MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RiGHTS WHICH VARY FROM STATE TO STATE.SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLVTO YOU. WARNING:ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIRTATTONS, CAN RESULT IN PROPERTY DAMAGE,PERSONAL INJURY OR DEATH. DONOTMAIOcANYSUCHMODIFICAT10N50RCHANGEL SUCH MODIFICATIONS OR CHANGES WILL VOiD THE LIMITED WARRANTY. THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER- LEAD ACID DEEP CYCLE BATTERY WARRANTY LIMITATIONS,CONDITIONS AND EXCEPTIONS: • The amp hour Warranty Period for electric Vehicle batteries is as recorded by the Vehicle's controller. • Claims for battery warranty replacement require specific testing,as spec6led by the TSV Customer Care/Warranty Department.The Company,or an authorized Company dealer or distributor,should be contacted to obtain a copy of the required tests,which must be performed and corrected for temperature,based upon BCI(Battery Council International)recommendations. • NON-FACTORY INSTALLED PARTS OR ACCESSORIES INSTALLED DIRECTLY TO LESS THAN THE COMPLETE VEHICLE BATTERY PACK WILL VOID THE WARRANTY FOR THE ENTIRE BATTERYPACIG • ALL NOWFACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. • Eleckric Vehide storagefaci ftfes must provide the foliowing: ample electrical power to charge all Vehicles and allow the chargerto shirt off automatically; • battery chargers must each have an independent dedicated 15 amp circuit; each batterycharger must be connected to its circuit with at minimum a NEMA 15-SR three-pin receptacle; • five(5)air exchanges per hour In the charging facility; • Hthe facility utilizes an electrical energy management system,thetimer must be set to have available fourteen(14)hours of electricity,and one(1)functional chargerfor each Vehicle Inthe fleet with a proper electrical supply as specified above OTHER COMPANY RIGHTS: Company may perform vehicle Inspections(directly or through assigned E-Z-GO representatives)throughthe term of the warranty perlDd. • Company may improve,modify or change the design of any Company vehicle,part or battery charger without being responsible to modify previously manufactured vehicles,parts or battery chargers. Company may audit and Inspect the Purchaser's facility,maintenance records and its Vehicles by a Company representatives prior to approving a warranty claim and may contract with a third party to evaluate the Purchaser's storage facilities,fuelstorage tanks and/or batteries. • THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS AUTHORITY: No Company*rnployee,dealer,distributor or representative,or any other person,has any authority to bind the Company beyond the terms of this Limited Warranty without the express written approval of the TSV Customer Care/Warranty Department. EMISSIONS CONTROL WARRANTY:The Vehicle may also be subject to an emissions control warranty,as required by the U.S.Environmental Protection Agency and California Air Resources Board,which is provided in a separate Statement with the Vehicle. • t f FOR FURTHER INFORMATION,CALL 1.800-774-3946,GO TO EZGO.TXTSV.COM,OR WRITE TO TSV DIVISION OF TEXTRON INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAq AUGUSTA,GEORGIA 30M AKA. TSV P/N 6465344320 i MODEL YEAR 2020 Limited Warranty Terms and Conditions— RXV and TXT ELITE Fleet Vehicles Textron Specialized Vehicles Inc ('Company') provides that any new Model Year 2020 E-Z-GO RXV Fleet and TXT Fleet Elite electric vehicle(Vehicles factory equipped with a lithium battery pads) (the'Vehicles')and/or the battery charger for the Vehicle's Ilthlum battery pack purchased from the Company,a Company affiliate,or an authorized Company dealer or distributor,or leased from a leasing company approved by the Company,shall be free from defects in material or workmanship under normal use and service(the'Limited Warranty').This Limited Warranty with respect only to parts and labor is extended tothe Original Retail Purchaser or the Original Retail Lessee('Purchaser)for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below(the'Warranty Period'): Part or Compo nent Warranty Period FRAME-WORKMANSHIP LIFETIME SUSPENSION-Steering Gearbox,steer)q colu mn,shocks and leafs rings 4 Years MAJOR ELECTRONICS-Electric motor,solid statespeed controller - 4 Years LITHIUM BATTERY SYSTEM-Batte ack,battery mane ement s stem,battery,chaer,and charger receptacle 5 Years PEDAL GROUP-Pedal assemblies,and motor brake 4 Years SEATS,Seat bottom,seat back and hipestralnts 4 Years CANOPY SYSTEM-Canopy and canopy struts 4 Years POWERTRAIN-Electric axle 3 Years BODYGROUP-From and rear cowls,side panels and instrument panel 3 Years OTHER ELECTRICAL COMPONENTS-Solenoid,Ilmlt switches,DC/DCmnverter,F&R switch,charger mrd, 3 Years wiring harness ALL REMAINING COMPONENTS-Ali options and accessories supplied by E-Z-GO at time of delivery,and all" 2 Year components not specified elsewhere INfT1ALADIUSTMENTS-hiltialalignment,arlstments,fastenertighteni 90 da The Warranty Period for aR parts and components of the Vehicle other than Lithium Batteries shall commence on the date of delivery to the Purchaser's location or the date on which the Vehicle is placed In Purchaser-requested storage.The Warranty Period for Lithium Batteries shall commence on the earliest of.the following dates: • of Vehicle delivery to the Purchasers location, • on which the Vehicle is placed in Purchaser-requested storage or that is sixty(60)days from the date of sale or lease of the Vehide by the Company to an authorized Company dealer or distributor. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the original Warranty Period.This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior,written approval from the Director of the Company's Customer Care/Warranty Department. EXCWSIONS:Spedficaliy EXCLUDED from this Limited Warranty are: • routine maintenance items,normal wear and tear,cosmetic deterioration or electrical components damaged as a result of fluctuatkins In electric current; • damage to or deterioration of a Vehicle,part or battery charger resulting from an accident or collision,or from the neglect,abuse, or inadequate maintenance of the Vehicles; • damage resulting from installation or use of parts or accessories not approved by Company,including but not limited to subsequent failures of the Vehicle,other parts or the battery charger due to the Installation and/or use of parts and accessories not approved by Company, warrarnyrepaks performed by someone other than a Company branch or an authorized and qualified Dealer designee.Warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer or de4nee shag void the Limited Warranty; damage or loss resulting from acts of nature,vandalism,theft,war or other events over which Company has no control; • any and all expenses incurred In transporting the Vehicle to and from the Company or an authorized and qualified Dealer,distributor or designee for warranty serviceor in performing field warranty service;and • arty and all expenses,fees or duties incurred relative to inbound freight,importation,or customs. t THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: shows Indications that routine maintenance was not performed In accordance with the Owner's Manual provided withthe Vehicle,including but not Bruited to rotation of fleet,proper tire Inflation,and lade of charging; • shows indicationsthatnon-recommendedlubricantswereapplledtotheVehideandanypartthereof; • shows indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications that it has been altered or modified in any way from Company specifications,induding but not limited toalterations to the speed braking system,electrical system,passengercapauity orseating; • has been altered to be used or operated outside of Company approved applications,specified environments or Cerformance conditions; • is equipped with Wes not expressly approved by Company for use with the Vehicles; lacks an adequate number of operating battery chargers,or uses unapproved battery chargers forthe Vehideor uses extension cords with battery chargers; • shows indication that the battery charger has been modified to charged vehicles not approved for the charger, • has electrical accessories that are not manufactured or sold by the Company for use with the Vehicle or any electrical energy consuming devices Installed directly to the battery pack • shows Indications that the battery pack was disassembled,opened,or tampered with In any way; • .shows Indications that attempts may have been made to intentionally reduce the battery pack[He, contain lithium battery packs that are not paired with the battery management system as supplied by the Company, FOR FURTHER INFORMATION,CALL 1-606774-3946,GO TO EZGO.TXTSV.COM,OR WRITETO TEXTRON SPECIALIZED VEHtOLES OWL,ATTENTION: TSV CL15TOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFON ROAD,AUGUSTA,GEORGIA 30 M USA. i TSV P/N 657284620_ j i x 1 f h MODEL YEAR 2020 Length of Storage and Operation Limitations Condition Temperature 3 MONTHS STORAGE ONLY,ALL ACCESSORIES TURNED OFF.DO NOT USE IMMEDIATELY AFTER LONGTERM -22•F(-30'C)AND-47(-2(rC) EXTREME TEMPERATURE STORAGE.RETURN MODULE TEMPERATURE RANGE TO 50'F(10'C)AND 95'F(35'C) STORE UP TO ONE MONTH AT 30%-50%CHARGE,ALL ACCESSORIES TURNED OFF. 113'F(45'C)AND 140'F(60'C) STORE UP TO SIX MONTHS AT 100%BATTERY CHARGE,ALL ACCESSORIES TURNED OFF. BETWEEN-47(-20'C)AND 113-F(45'C) OPERATION OF VEHCILE NOT ALLOWED BELOW-4'F(-20'C)OR ABOVE 140'F(60'C) USE OF NON-APPROVED PARTS AND ACCESSORIES: THIS LIMITED WARRANTY SHALL NOT APPLY TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR EXPRESSLY AUTHORIZED BY THE COMPANY,OR WHICH WERE NOT INSTALLED BY THE COMPANY,ITS DEALERS OR DISTRIBUTORS,INCLUDDIG BUT NOT LIMITED TO GPS SYSTEMS,COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS,INFORMATION SYSTEMS,OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY:Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect In material or workmanship in the Vehicle,any part or component,or battery charger during the applicable Warranty Period is that Compa rry wi 0,at Its sole option,repalror replace any defective parts.For such warranty repairs or replacements,the Company may,at Its discretion,provide factory reconditioned parts or new components from alternate suppliers.All replaced parts become the sole property of the Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as the Company has made reasonable efforts to repair or replace the defective parts. DECLAIMER:T195 LIMfTED WARRANTY E THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND E MADE IN UEUOF ALL OTHER WARRANTIES,EGRESS OR IMPLIED,INCLUDING BUT NOT LIMRIED TO THE IMPLIED WARRANTIES OF MERCHANTA8R11YOR FITNESS FOR A PARTICULAR PURPOSE,ALL SUCH OTHER WARRANTIES BEING EXPiUCMYDISCLAIMED. LIABIL17Y UMITATIONS:IN NO CASE SHALL THE COMPANY BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES,INCLUDING BUT NOT LIMITED TO DEATH,PERSONAL INJURY OR PROPERTY DAMAGE ARMING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER,OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME,INCONVENIENCE OR ANY ECONOMIC LOSS,WHETHER OR NOT THE COMPANY WAS APPRISED OF THE FORSEEABLLTTY OF SUCH DAMAGES OR LOSSES. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE(3)MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES.THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU WARNING:ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE,PERSONAL INJURY OR DEATH. DONOTMAKEANYSUCHMODIFICATIONSORCHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOD THIS LIMITED WARRANTY.THE COMPANY DISCLAIMS RESPONSIBR.RY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACT THE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. LITHIUM BATTERY WARRANTY LIMITATIONS,CONDITIONS AND EXCEPTIONS: • Claims for battery replacement require specFic testing,as specified by Company's Customer Care/Warranty Department.The Company,or an authorized Company dealer or distributor,should be contacted to obtain a copy of the required tests. IF IT S DETERMINED THAT PARTS OR ACCESSORIES WERE INSTALLED DIRECTLY TO THE VEHICLE'S BATTERY PACK WITHOUT THE COMPANY'S EXPRESS WRITTEN APPROVAL,THEN THE WARRANTY FOR THE BATTERY PACK AND THE BATTERY MANAGEMENT SYSTEM SHALL BE VOID. • ALL MON-48 VOLT AND/OR NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. • Electric Vehicle sWrage facilities must provide the following: • ampleelectricalpowertochargea0Vehiclesandallowthechargertoshutoffautomatically; • battery chargers must each have an Independent dedicated 15 amp circuit; • each battery charger must be connected to Its circuit with at minimum a NEMA 15-SR three-pin receptacle; • one(1)functional charger for each Vehicle In the fleet with a proper electrical supply as specified above;and • BATTERY CHARGERS MUST BE THE COMPANY APPROVED CHARGERS FOR LITHIUM BATTERY PACK VEHICLES. OTHER COMPANYRIGHTS: • Company may perform semi-annual vehide inspections(directly or through assigned Company representatives)through theterm of anyfleet lease. • Company may improve,modify or change the design of any Company vehicle,part or battery charger without being responsible to modify previously manufactured vehicles,parts or battery chargers. • Company may audit and inspect the Purchaser's facility,maintenance records and its Vehicles prior to approving any warranty claim;furthermore, Company may use a third party to perform such audit or inspection of the Purchaser's storage fadOtles,and/or batteries. • THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS FALSE OR MISLEADING INFORMATION. AUTHORITY: No Company employee,dealer,distributor or representative,or any other person,has any authorityto bind Company to any modifications of the terms and conditions of this Limited Warranty without the express written approval from the Director of the Company's Customer Care/Warranty Department. FOR FURTHER INFORMATION,CALL 1-81X0774-3966,GO TO EZGO.TXTSV.COM,OR WRITE TO TEXTRON sPECIALI2ED VEHICLES INC.,ATTENnotc TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA„GEORGIA 30906 USA. TSV P/N 657284120 j ' 1 • I 1 l