HomeMy WebLinkAbout25-152 Resolution No. 25-152
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH NADLER GOLF CAR
SALES, INC. FOR THE PURCHASE AND MAINTENANCE OF ELECTRIC GOLF CARS
FOR BOWES CREEK COUNTRY CLUB
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
Nadler Golf Car Sales,Inc.,for the purchase and maintenance of electric golf cars for Bowes Creek
Country Club, a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 27, 2025
Adopted: August 27, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
NADLER GOLF CARSALES.INC,
JJEASE AGREEMENT
NAME OF LESSEE CITY OF ELGIN,ILLINOIS a municipal corporation
ADDRESS 150 DEXTER COURT
CITY ELGIN COUNTY KANE STATE IL ZIP 60120
QUANTITY AND DESCRIPTION OF LEASED EQUIPMENT
Seventy-Two(72),2025 RECONDITONED CLUB CAR TEMPO Lithium Electric Golf Cars equipped with:Canopy
Tops,Fold Down Windshield,Bag Covers,Dual Divot Bottle Kits,Coolers,USB Ports,Custom Logos,Info Holders,
Wheel Coverg,Numbers,Automatic Chargers,Wheel Covers,&Platinum Color w/Premium Gray Seats&Black Top.
THIS LEASE AGREEMENT, is hereby made and entered into and executed in triplicate this 27th day of
AUGUST,2025 by and between NADLER GOLF CAR SALES,INC.an Illinois Corporation,hereinafter
called'LESSOR',and CITY OF ELGIN,ILLINOIS a municipal corporation hereinafter called`LESSEE'.
WITNESSETH
WHEREAS,the Lessor is engaged in the business of the sale and leasing of golf cars;and
WHEREAS,the Lessee is the operator of a Golf Course located as aforesaid.
NOW,THEREFORE,IN CONSIDERATION OF THE PREMISES AND THE MUTUAL PROMISES OF THE
Parties hereto,the sufficiency of which is hereby mutually acknowledged,IT IS AGREED as follows,to wit:
1. LEASE. The above recitals are hereby incorporated into and made a part of this Agreement as if fully recited
herein.Lessor hereby leases to Lessee,and Lessee hereby rents from Lessor the golf cars herein above
described.
2. LOCATION. Said cars are to be used at the Golf Course known as BOWES CREEK COUNTRY CLUB
and only at said Golf Course for the purpose of providing transportation to golf players when playing golf. Said
golf cars are not to be used at any other location or for any other purpose without the written consent of the Lessor.
3. EQUIPMENT. Lessor represents that on delivery,said cars will be in first class mechanical condition,and
agrees to maintain said cars in first class mechanical condition through the term of this Agreement,except as
hereinafter otherwise provided. Lessor agrees to furnish servicing for said cars not less than once in each calendar
week during the season when said cars are in use. Lessor agrees that in the event Lessee shall notify Lessor that
any unit is inoperable,Lessor will within forty-eight(48)hours of such notification make examination thereof,and
in the event that such unit cannot be made operable within forty-eight(48)hours of such examination,then Lessor
will furnish an adequate temporary replacement within said period for such unit. Lessor shall make all repairs
promptly and shall repair or replace all parts at their own expense.Lessor guarantees electric cars shall have a
minimum 36-hole performance capability throughout the term of said Lease Agreement.
4. USE. Lessee agrees not to knowingly allow the use of said cars by persons under driver's license age or persons
incapable of operating said units safely.
5. INSURANCE. Lessor agrees to furnish,at its own expense,bodily injury and property damage liability
insurance with a minimum of$500,000 combined single limit as a result of any one occurrence for the use,
operation,and maintenance of leased golf cars. Said insurance shall name as additional insured Lessee,and a
certificate thereof shall be filed with Lessee. Lessor shall carry adequate physical damage coverage for said cars.
Lessee shall be liable for the first$20,000.00 of damage,per occurrence,resulting front vandalism and/or
theft of said cars. Lessee must notify Lessor,via e-mail,(ericaainadlergolf.com)within(24)hours of any
occurrence. Additionally,Lessee must notify the appropriate law enforcement agency within(24)hours of
said occurrence. Lessee shall also be responsible for providing Lessor with a police report within one week of
said occurrence. Should Lessee not provide such notification, Lessee is responsible for all costs for
repairs/replacements of said golf cars.
6. OPERATION. Lessee shall provide for electric models,electricity and outlets as required,and shall properly
charge and water batteries as needed. Lessee shall provide gasoline as required for operation of gasoline models.
7. STORAGE. Lessee shall provide adequate and secure storage for said golf cars when not in use.
8. TIRES. Lessor shall provide adequate spare tires and Lessor further shall be responsible for any flat tire
repairs required by said cars.
9. DAMAGE AND REPAIRS. The cost of parts and labor required to repair any normal wear and tear shall be
the responsibility of Lessor. Any abnormal damage,whether it be caused by accidents,caused by negligence,
and/or improper operation of the vehicle on part of Lessee,employees or renter of said cars shall be invoiced to the
Lessee at the normal prevailing rates charged.
10. MAINTENANCE. Lessee further agrees to keep said golf cars in a clean and orderly condition at all times so
that their use will be encouraged,and that the cars will be maintained so as not to detract from the standard
appearance and cleanliness of the Golf Course maintained by said Lessee. In addition,Lessee agrees that Lessee will
not,without the prior written consent of Lessor,make an alteration,modification,or addition to any leased golf car,
including,without limitation,the addition of any markings,advertising,placards,stickers,or GPS(Global
Positioning Systems).Visage GPS by Club Car or Tag Marshall are the ONLY approved GPS systems approved by
the Lessor at this time. All GPS systems must be installed in accordance with Club Car's recommendations.
11. LEASE PAYMENTS. Lessee agrees to pay to Lessor S1,295.00 dollars per car per season. Both Lessor
and Lessee acknowledges the length of a season will vary from year to year but in no way does this variation effect
the Payment Schedule,hereinafter written,and agreed upon by both Parties. Lessee further agrees to keep records
and receipts of all golf car rentals.
PAYMENT SCHEDULE
May 10,2026 through 2032 S15,540.00
June 10,2026 through 2032 S15,540.00
July 10,2026 through 2032 S15,540.00
August 10,2026 through 2032 $15,540.00
September 10,2026 through 2032 $15,540.00
October 10,2026 through 2032 -S15,540.00
TOTAL LEASE COST FOR TERM-S652,680.00
12. LEASE TERM. This Agreement shall terminate DECEMBER 1,2032.
13. CURRENT LEASE CANCELLATION. Upon execution of this new Agreement dated 29i°of May,2025,the
current Lease Agreements between Lessee and Lessor dated 5'h of December,2018 for 72,2019 Club Car Tempo
Electrics will become null and void on December 1,2025,and of not further effect. Lessee shall not be liable for
any remaining lease payments and all duties and obligations of Lessee and Lessor within those Agreements shall
cease.
14. FORCE MA.1E1J12. Lessor shall not be liable for any part of this Agreement due to any occurrence or
contingency beyond their reasonable control,including but not limited to war, hostility, insurrection,riot or other act
of civil disobedience,accident,fire,explosion, flood,storm,or other such weather conditions.
15. EXECUTION. This Agreement may he executed in counterparts,each of which shall he an original and all of
which shall constitute one and the same agreement. For the purposes of executing this agreement,and signed copy
of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original
document. The signature of any part on a copy of this agreement transmitted by fax machine or c-mail shall be
considered for the purposes as an original signature and shall have the same legal effects as an original signature.
Any such faxed or e-mail copy of this agreement shall he considered to have the same binding effect as an original
document. As the request of either party any fax or c-mail copy of this agreement shall be re-executed by the parties
in an original form. No party to this agreement shall raise the use of fax machine or c-mail as a defense of this
agreement and shall forever waive such defense.
16. Sh:VFRABIL1TY. The terms of this Agreement shall be severable. in the event any of the terms or provisions
of this Agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of the
Agreement shall remain in full force and effect.
17. MISCELLANEOUS.
(a) it is understood that this Agreement is one of rental and not one of sale.
(b) This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
The parties hereto further agree that any action on this Agreement shall be brought in the Circuit Court for
the 161h Judicial District,Kanc County,Illinois without jury and the undersigned specifically and expressly
waive the right to transfer jurisdiction and venue to the Federal Court system.
(c) Lessee agrees to pay to Lessor,replacement cost(parts only),for any option or accessories that require
replacement during the term of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written.
LESSOR:
NADLER GOLF CARS ES,INC ADDRESS:
Q 2700 N. FARNSWORTH AVE.
BY / AURORA,IL 60502
LESSEE:
CITY OF LINOIS a munici al corporation ADDRESS:
...f' /� 150 DEXTER COURT
BY U ELGIN,IL 60120
ichard G. Kozal, City Manager
A.l..l.
City Clerk -