99-84 Resolution No. 99-84
RESOLUTION
AUTHORIZING EXECUTION OF A GOLF CAR SERVICE AGREEMENT WITH
E-Z-GO GOLF CARS, TEXTRON INCORPORATED
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute a Golf Car Service Agreement
on behalf of the City of Elgin with E-Z-GO Golf Cars, for the
maintenance of 10 1999 TXT Gas & one 1999 Workhorse E-Z-GO Golf
Cars, a copy of which is attached hereto and made a part
hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: March 10, 1999
Adopted: March 10, 1999
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
JULY, 2007
IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY
OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE
CLERK'S OFFICE.
ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE
AGREEMENT AND ITS SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION NO. 99-84
PASSED: MARCH 10, 1999
SUBJECT: AGREEMENT WITH E-Z-GO GOLF CARS, TEXTRON
INCORPORATED.
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GOLF CAR SERVICE AGREEMENT
E-Z-GO,a Division of Textron Incorporated(hereinafter referred to as the Vendor)with an address at
P.O.Box 548,24404 N.Hwy. 12,Lake Zurich,IL.,60047 and City of Elgin(hereinafter referred to as the
Club)with an address at 1965 Spartan Dr.Elgin,IL., 601231 agrees to the following terms and conditions
b dated Fab 2, 1999
TERM-This agreement shall be for a term of Five(5)years commencing from,Feb. 2, 1999
and shall expire Feb. 1,2004.
PAYMENT-For valuable consideration received and hereby acknowledged by both parties the Club
agrees to remit to the Vendor 580.00/car/year, Six(6)monthly payments of 3146.67/month May thru
October 1999, 2000,2001,2002, 2003
plus apnlicable sales tax. Said payment to be remitted by the Club within 10 days of invoice to the
Vendor's address as listed herein.
UNITS-The Vendor hereby agrees to maintain 10 1999 TXT Gas St 1 1999 Workhorse E-Z-GO Golf
Cars in good repair and operating condition subject to the terms and conditions of this agreement.
UNIT LOCATION-It is hereby agreed by both parties that the units shall be exclusively located at
City of Elgin and that the Vendor shall endeavor to service the units at this location. Vendor reserves the
right to transport the units to an outside location if major repairs are required.
SERVICE SCHEDULE-The Vendor agrees to service and maintain the units herein subject to the terms
of this agreement on a weekly basis during all the months the Club normally operates the units.
CLUB'S MAINTENANCE RESPONSIBILITIES-The Club agrees at the Club's sole cost and expense to
(a)on a daily basis to charge,water(electric units),clean batteries, check engine oil level(gas units), store
and secure units and maintain vehicles except for normal wear and tear; (b)on a weekly basis to check and
maintain tire pressure,wash and clean cars(including engine compartment); (c)on an as needed basis to
gas units,change flat tires,tighten nuts and bolts,and tag each unit needing repair.
VENDOR'S MAINTENANCE RESPONSIBILITIES -Subject to the terms and conditions of this
agreement the Vendor agrees to keep all units herein in good repair and operating condition, doing so with
reasonable dispatch, end to replace with new parpari§any bully worn or broken pflrt3: The Yendoi will repair
or replace all accessories and components of the vehicles as may detract from their cosmetic condition or
appearance for cars of comparable age,under normal conditions, subject to expected wear and tear. The
Vendor further agrees to provide as needed replacement batteries as required.
DAMAGE-It is expressly agreed to by the Club that the Vendor shall not be responsible herein for
performing repairs caused by or due to abuse,vandalism, accident,negligence,acts of God, or failure by
the Club to perform the Club's maintenance responsibilities stated herein,
PARTS DISPOSITION- It is expressly agreed to by the Club that the Vendor shall retain title to and shall
retain for the Vendor's use or disposition all parts and batteries replaced under this agreement.
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VENDOR'S PERSONNEL- Vendor warrants that Vendor's service personnel will be qualified golf car
mechanics. The Vendor shall maintain workman's compensation coverage on its employees.
WARRANTY-The Club hereby agrees to and acknowledges that the standard E-Z-GO new car and the
battery manufacturer's warranties remain in effect but that the Club shall not receive any monthly
reduction in monthly payments listed herein for any warranty work provided or arranged by the Vendor
under this agreement.
ASSIGNMENT-This agree lent may be assigned by mutual consent. No such assignment shall relieve
the assignee, the Club, or the Vendor from any obligation of either party hereunder.
DEFAULT-The Vendor shall have the right to terminate this agreement for reasons of default,non-
payment,insolvency, or bankruptcy. The Club shall not be relieved of liability of past due payments in the
event of such circumstances.
SPECIAL SERVICE CONDITIONS -The Vendor further agrees to the following conditions:
Winter Storage and Transportation cost
In the event the Club exercises its option to purchase any of the units this service
agreement shall automatically terminate with respect to such purchased units.
ENTIRE AGREEMENT-The parries agree that this instrument constitutes the entire agreement between
the parties and that no verbal understanding not incorporated in this document is conceded as binding upon
either party. Both parties covenant to fulfill the obligations imposed upon them and waive any specific
states rights laws which might allow them to evade their respective responsibilities.
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In witness whereof, the paries hereto, authorize their proper officers to execute this agreement on the day
and year first written above.
E-Z-GO GOLF CARS,TEXTRON INC.
In the Presence of: BY:
TITLE:
In the Presence of: BY:
TITLE:
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TFC TEXTRON
Textron Financial Corporation. Subsidiary of Textron Inc.
INCUMBENCY CERTIFICATE Lease No. TE1 -
I, 1,/ , do hereby certify that I am the duly elected or
appointed and acting Secretary/Clerk of City of Elgin , Illinois a political
subdivision or agency of the State of,/ that I have custody of the
records of such entity, and that, as of the date hereof, the individuals named below are the duly
elected or appointed officers of such entity holding the offices set forth opposite their respective
names. I further certify that (i) the signatures set opposite their respective names and titles are
their true and authentic signatures and (ii) such officers have the authority on behalf of such entity
to enter into that certain equipment lease dated , 19_,
between such entity and the Lessor named therein, and to do all things which they deem necessary
on behalf of such entity in order to more completely effectuate the purposes of said Equipment
Lease.
NAME TITLE SIGNATURE
✓ ✓ x
✓ ✓ x
IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity
hereto this day of , 19_
x
SEAL Secretary/Clerk
TEXTRON
40 Westminster Street
Providence,RI 02903
800-343-0053
City of Elgin,Illinois
RE("Customer") 19,
Spartan Meadows
1965 Spartan Drive ACCT# -
Elgin,IL 60123
COVERED EQUIP: 10 ea E-Z-GO TXT-Gas
Gentlemen: X (a)The customer has purchased or will be purchasing equipment covered by security interest in
favor of Textron Financial Corporation("TFC").
(b)The Customer has leased or will be leasing equipment from TFC
The new equipment listed below which is financed/leased has a balance outstanding of $
The existing equipment has a balance of: $
The customer's Total Exposure is: S
If(a)or(b)is checked,the Customer is required to provide TFC with the following insurance coverage:
"All Risk"Property insurance covering the property owned by or in which TFC has a security interest, in an amount not less than the full
replacement cost of the property,with TFC named as loss payee.
If (b)is checked,TFC also requires:
Public Liability Insurance naming TFC as an additional insured with the proceeds to be payable first on the behalf of TFC to the extent of
its liability, if any. The amount of the Public Liability Insurance shall not be less than 51,000,000.00,combined single limit.
Each policy shall provide that: (i) TFC will be given not less than thirty (30) days prior written notice of cancellation or non-renewal, (ii) it is
primary insurance and any other insurance covering TFC shall be secondary or excess of the policy and (iii) in no event shall the policy be
invalidated as against TFC or its assigns for any violation of any term of the policy of the Customer's application therefore.
A certificate evidencing such coverage should be mailed to TFC at the following address: Textron Financial Corporation
Attn: Insurance Department
P.O.Box 6687
Providence,RI 02940-6687
Your prompt attention will be appreciated.
Very Truly Yours,
NAME OF INSURANCE AGENT:
7 City of Elgin, Illinois
(Name of Debtor/Lessee)
AGENT ADDRESS:
By: X
(Signature of Authorized Officer)
Its: ✓
AGENT PHONE NUMBER:
I-
MAKE SURE YOU HAVE COMPLETED
INSURANCE AGENT INFORMATION
If you fail to provide evidence of insurance, it will constitute a default under your agreement and you may be charged
an additional fee for adequate property and liability insurance coverage.
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TFC TEXTRON
Textron Financial Corporation
ACCEPTANCE CERTIFICATE Lease No.
Contract or Schedule.No.
Purchase Order No.
To: TEXTRON FINANCIAL CORPORATION
Address
40 Westminster Street
Providence131_02903
(City, State, Zip)
rib' The undersigned hereby certifies that all of the Equipment, described in the Purchase Order
identified above, which has been issued by TFC pursuant to the Contract/Lease identified above,
has been furnished to the undersigned at the location designated in the Contract/Lease, that
delivery and installation of the Equipment has been fully completed as required by the
Undersigned and that the Equipment has been inspected and accepted by the Undersigned as
satisfactory. The Undersigned understands that TFC is relying on the foregoing certification in
the purchase of the Equipment by TFC and, to induce TFC to purchase the Equipment.
Dated: , 19 City of Elgin , Illinois
(Name of Individual, Corporation
or Partnership)
By: X TitleV
(If Corporation, have signed by President,
Vice President or Treasurer. If Owner or
Partner, state which.)
rik TEXTRON
40 Westminster Street
Providence,RI 02903
800-343-0053
City of Elgin,Illinois
RE("Customer") 19,
Spartan Meadows
1965 Spartan Dr. ACCT#
Elgin,IL 60123
COVERED EQUIP: 1 ea E-Z-GO Workhorse
Gentlemen: x (a)The customer has purchased or will be purchasing equipment covered by security interest in
favor of Textron Financial Corporation("TFC").
(b)The Customer has leased or will be leasing equipment from TFC
The new equipment listed below which is financed/leased has a balance outstanding of $
The existing equipment has a balance of: $
The customer's Total Exposure is: $
If(a)or(b)is checked,the Customer is required to provide TFC with the following insurance coverage:
"All Risk"Property insurance covering the property owned by or in which TFC has a security interest, in an amount not less than the full
replacement cost of the property,with TFC named as loss payee.
If (b)is checked,TFC also requires:
Public Liability Insurance naming TFC as an additional insured with the proceeds to be payable first on the behalf of TFC to the extent of
its liability, if any. The amount of the Public Liability Insurance shall not be less than$1,000,000.00,combined single limit.
Each policy shall provide that: (i) TFC will be given not less than thirty(30) days prior written notice of cancellation or non-renewal, (ii) it is
primary insurance and any other insurance covering TFC shall be secondary or excess of the policy and (iii) in no event shall the policy be
invalidated as against TFC or its assigns for any violation of any term of the policy of the Customer's application therefore.
A certificate evidencing such coverage should be mailed to TFC at the following address: Textron Financial Corporation
Attn: Insurance Department
P.O.Box 6687
Providence,RI 02940-6687
Your prompt attention will be appreciated.
Very Truly Yours,
NAME OF INSURANCE AGENT:
City of Elgin,Illinois
v (Name of Debtor/Lessee)
AGENT ADDRESS:
By: X
(Signature of Authorized Officer)
Its: 1(
AGENT PHONE NUMBER:
MAKE SURE YOU HAVE COMPLETED
INSURANCE AGENT INFORMATION
If you fail to provide evidence of insurance,it will constitute a default under your agreement and you may be charged
an additional fee for adequate property and liability insurance coverage.
TFC TEXTRON
Textron Financial Corporation. Subsidiary of Textron Inc.
INCUMBENCY CERTIFICATE Lease No• TE1 -
I, j/ , do hereby certify that I am the duly elected or
appointed and acting Secretary/Clerk of City of Elgin, Illinois a political
subdivision or agency of the State ofl/ that I have custody of the
records of such entity, and that, as of the date hereof, the individuals named below are the duly
elected or appointed officers of such entity holding the offices set forth opposite their respective
names. I further certify that (i) the signatures set opposite their respective names and titles are
their true and authentic signatures and (ii) such officers have the authority on behalf of such entity
to enter into that certain equipment lease dated , 19_,
between such entity and the Lessor named therein, and to do all things which they deem necessary
on behalf of such entity in order to more completely effectuate the purposes of said Equipment
Lease.
NAME TITLE SIGNATURE
✓ ✓ x
✓ ✓ X
IN WITNESS WHEREOF, I have duly executed this certificate and affixed the seal of such entity
hereto this day of , 19_
x
SEAL Secretary/Clerk
rimk
TFC TEXTRON
Textron Financial Corporation
ACCEPTANCE CERTIFICATE Lease No.
• Contract or Schedule.No.
Purchase Order No.
To: TEXTRON FINANCIAL CORPORATION
Address
40 Westminster Street
Providence RI 02903
(City, State, Zip)
The undersigned hereby certifies that all of the Equipment, described in the Purchase Order
identified above, which has been issued by TFC pursuant to the Contract/Lease identified above,
has been furnished to the undersigned at the location designated in the Contract/Lease, that
delivery and installation of the Equipment has been fully completed as required by the
Undersigned and that the Equipment has been inspected and accepted by the Undersigned as
satisfactory. The Undersigned understands that TFC is relying on the foregoing certification in
the purchase of the Equipment by TFC and, to induce TFC to purchase the Equipment.
Dated: , 19 City of Elgin , Illinois
(Name of Individual, Corporation
or Partnership)
By: X Title;
(If Corporation, have signed by President,
Vice President or Treasurer. If Owner or
Partner, state which.)