05-229 Resolution No.05-229
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH PROLINK SOLUTIONS LLC
FOR GLOBAL POSITIONING ASSEMBLY SYSTEMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, City Manager,be and is hereby authorized and directed to execute an Agreement
with Prolink Solutions, LLC on behalf of the City of Elgin for Global Positioning Assembly
Systems, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock,Mayor
Presented: July 27, 2005
Adopted: July 27, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
F �c cPy
EXHIBIT D
ADDENDUM TO LEASE AGREEMENT
THIS ADDENDUM TO LEASE AGREEMENT (hereinafter referred to as .
"Addendum"), is made and entered into as of the I S, day of + ;,4.4..t tt •'i , 2005, by
and between National City Golf Finance a division of National City Commercial
Capital Corporation ("NC Golf Finance") and City of Elgin, IL DBA: Highlands of
Elgin ("Course Owner"):
WHEREAS, the parties entered into a Lease Agreement (the "Agreement") dates as
of the `` day of CuLA.r.'N n,-,t, 2005; and
WHEREAS, the parties desire a modification of the terms of the Lease Agreement;
NOW THEREFORE, in consideration of the mutual covenants and benefits accruing
to the parties, the receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree that the Agreement shall be amended as follows:
1. Paragraph 1: Terms: The second sentence of the section shall be deleted and
the following language shall be inserted in its place: "This Lease shall be subject
to and governed by the laws of the State of Illinois. Venue for the resolution of
any disputes or the enforcement of any rights shall be in the Circuit Court of
Kane County, Illinois."
2. Paragraph 5: Termination by Lessor: The first sentence of the section shall be
deleted and the following language shall be inserted in its place: "Either party
hereto shall have the option to terminate this Lease is within 90 days after
Lessee has executed this Lease, the Equipment has not been delivered to
Lessee, or Lessee has not accepted the Equipment as provided in Paragraph 4
herein."
3. Paragraph 10: Standard Equipment Return Conditions: The second sentence
in sub-section B. the word "satisfactory" shall be stricken and the word
"reasonable" shall be inserted in its place.
4. Paragraph 12: Purchase Option; Automatic Renewal: The third sentence of
the section the following language shall be stricken: "this Lease will automatically
renew for an additional 12 month term" and the following shall be inserted in its
place: "this Lease will automatically renew for an additional 1 month term".
5. Paragraph 14: Insurance:
a. The following sentence shall be added at the beginning of the paragraph
"Lessee represents and warrants that it is self insured, and that the
Equipment referenced herein is covered through Lessee's self insurance."
b. The first sentence shall be deleted and the following language inserted in
its place: "In the event that Lessee is no longer self insured, lessee shall
carry a comprehensive general liability insurance policy or other similar
form of third party liability coverage".
6. Paragraph 13 of the Pay for Play Payment Schedule: The second sentence
shall be amended to read "9.0% per annum" from 1.5% per annum"..
All other terms and conditions of this Lease Agreement remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused the Addendum to be duly
executed as of the date set forth above.
LESSOR LESSEE:
National City Golf Finance a division of City of Elgin, IL
National City Commercial Capital Corporation DBA: Highlands of Elgin
BY:ab
Title: _-y ct_ fx i � ,` Title: ‘■ -
Date: `h '"� oc Date: 1),S1r oa
National City. a division of National City Commercial Capital For Office Use Only
Corporation Lease Number: PL589070005
995 Dalton Avenue • Cincinnati,OH 45203
With Questions call:(800)263-9499 ' if
FAX TO:(888)888-3695 Rental Commencement Date: 0 , I j
Lessee Information
Lessee's Full Legal Name
City of Elgin,IL DBA: Highlands of Elgin
Street Address County City State Zip Code
150 Dexter Ct Elgin IL 60120
Location of Equipment Address County City State Zip Code
875 Sports Way Elgin IL 60123
Equipment
Initial Terms
Initial Term of Lease Tax on Rental Payment Payment Schedule Type: End of Term Options:
(Months) (See Attached
60 Round Breakdown Fixed Rental X FMV
Amount of Each Rental Total Rental Payment X Pay For Play
Payment (See Attached Round Other
(See Attached Round Breakdown) The attached Payment Schedule
is made a part hereof.
Breakdown)
Payment Period: Monthly Quarterly X Other Seasonal(7 on/5
off)
Advance Payments
Personal Guaranty
THIS PERSONAL GUARANTY CREATES SPECIFIC LEGAL OBLIGATIONS. In consideration of Lessor entering into the lease
agreement identified above("Lease"),the undersigned Personal Guarantor(hereinafter"You")unconditionally and irrevocably guarantees
to Lessor,its successors and assigns,the prompt payment and performance of all obligations of the Lessee identified in this Lease.You
agree that this is a guaranty of payment and not of collection, and that Lessor can proceed directly against you without first proceeding
against the Lessee or against the equipment covered by the Lease. You waive all notices and defenses, based upon suretyship or
impairment of collateral,including but not limited to release of collateral or failure to perfect a security interest. You agree that Lessor can
renew, extend or otherwise modify the terms of the Lease and you will be bound by such changes. If the Lessee defaults under the
Lease,you will immediately perform all obligations of the Lessee under the Lease including, but not limited to, paying all amounts due
under the Lease. You will pay to Lessor all expenses INCLUDING ATTORNEYS'FEES incurred in enforcing Lessor's rights against you
or the Lessee.This is a continuing guaranty that will not be discharged or affected by your death and will bind your heirs and personal
representatives.You waive any rights to seek repayment from the Lessee in the event you must pay Lessor. If more than one guarantor
has signed this Personal Guaranty, each of you agree that your liability is joint and several. You authorize Lessor or any of Lessor's
agents to obtain credit bureau reports regarding your personal credit and to make other credit inquiries that Lessor determines are
necessary. THIS PERSONAL GUARANTY IS GOVERNED BY THE LAWS OF THE STATE OF OHIO. YOU CONSENT(AND THE
LESSEE HAS CONSENTED)TO THE EXCLUSIVE JURISDICTION OF ANY COURT LOCATED WITHIN OHIO. YOU EXPRESSLY
WAIVE ANY RIGHT TO A TRIAL BY JURY.
Personal Guarantor#1 Personal Guarantor#2
Page 1 of 6 10_24_03 PFG Golf Lease Aunt Protink only final ver doc
THIS LEASE IS NON-CANCELABLE
TERMS&CONDITIONS
1. By signing this Lease, Lessee acknowledges and agrees that: it has read and understands the TERMS AND CONDITIONS
OF THIS LEASE;this Lease becomes effective only upon written acceptance by an authorized employee of Lessor;this is a net
lease; it cannot terminate or cancel this Lease; it has an UNCONDITIONAL OBLIGATION to make all payments due under this
Lease; it cannot withhold,set off or reduce such payments for any reason; it will use the Equipment only for business purposes;
the person signing this Lease has the authority to do so and to grant the POWER OF ATTORNEY set forth in paragraph 14
herein; it entered into this Lease rather than purchase the Equipment.THIS LEASE SHALL BE GOVERNED BY THE LAWS OF
THE STATE OF OHIO;AND TO THE EXCLUSIVE JURISDICTION OF ANY COURT LOCATED IN THE STATE OF OHIO.YOU
EXPRESSLY WAIVE(AS HAS THE LESSEE)ANY RIGHT TO A TRIAL BY JURY.
Lessee City of Elgin, IL Lessor NC Golf Finance
.__.___ a division of National City Commercial Capital Corporation
1
cs_14,
- fr(A) A A it . / -.I t t (ci .
AuthQri�ed ignature ,.f \ Authorized Sign, 'e _ _`"
Print Name and title Date ,- Pnnt ame and title-- ; ., a rte
2. LEASE. Lessee agrees to Lease from Lessor the 6. TERM AIMQ RENT. heter m o his Lease commences
Equipment or if separately scheduled,the Equipment identified upon the date on which the Equipment is delivered to Lessee
on Schedule A attached and made a part of this Lease. (whether or not accepted)and ends upon the expiration of the
3. NO WARRANTIES. number of months specified on the front of this Lease under
"Initial Term of Lease" after the Rental Commencement Date.
Lessee authorizes Lessor to insert in this Lease as "Rental
Commencement Date" the date when the Equipment is
delivered to Lessee or any later date selected by Lessor. The
Lessee shall pay as rent either: i) the Total Rental Payment
indicated on the front of this Lease or ii) if applicable, the
amounts as shown on the Payment Schedule, plus applicable
taxes ("Rent"). The first rental payment is due on the Rental
Commencement Date, and each remaining periodic rental
payment is due on the same day of each payment period
thereafter for the initial term of lease. Additionally, Lessee
shall, upon demand, pay, as Rent, daily interim rent, on all
Equipment subject to this Lease, for the period from the date
of delivery of Equipment(or any part thereof)to and including
the day immediately preceding the Rental Commencement
Date. The daily rent will be calculated on a 360 day year. No
portion of any rental payments shall be deemed to constitute
payment for any equity interest in the Equipment. If any
payment due under this Lease is not paid within 5 days of its
due date, Lessee shall pay Lessor a late charge not to exceed
10% of each late payment (or such lesser rate as is the
4. ORDERING EQUIPMENT, DELIVERY AND maximum rate allowed by applicable law). Lessee authorizes
ACCEPTANCE. If Lessee entered into any purchase or Lessor to insert in this Lease as"Tax on Rental Payment"and
"Total Rental Payment" the appropriate amounts when same
supply contract with any supplier, Lessee assigns to Lessor are determined by Lessor. If the Payment Schedule is Pay For
Lessee's rights under the supply contract,but none of Lessee's Play, then Lessor may, upon 30 days prior written notice,
obligations,except for the obligation to pay for Equipment if it is terminate this Agreement and remove the Equipment should
accepted by Lessee according to the terms of this Lease. If Lessor, in its sole and absolute discretion, determine that the
Lessee has not entered into a supply contract, Lessee operation of the Equipment at the Lessee's facility is no longer
authorizes Lessor to enter into a supply contract. Lessee shall commercially desirable for Lessor.
arrange for the delivery of the Equipment to Lessee. Lessee 7. ELECTRICAL POWER AND TELEPHONE LINES.
shall inspect the Equipment immediately upon Lessee's receipt Lessee shall, at its sole expense, provide electrical power and
of the Equipment to determine if it is in good working condition. power outlets needed for the operation of the Equipment.
The Equipment will be deemed irrevocably accepted by Lessee Lessee is also required to provide access from its network to the
upon the earlier of(a)the date of delivery to Lessor of a signed intemet through a local intemet service provider (ISP) and will
Certificate of Acceptance of Leased Equipment or(b)ten days provide, at Lessee's cost, any additional phone lines necessary
after completion of the installation and training of the to complete the installation. Lessee will also open the necessary
Equipment. Upon completion of installation and training, the ports on its frewall, if applicable, to allow Lessor access to
Lessee must supply Lessor with a written list of system monitor the health of the Equipment. Lessor will not access an
deficiencies,if any,within 24 hours. any
5. TERMINATION BY LESSOR. Lessor shall have the data that is not related to the leased Equipment. Lessee will be
responsible for all costs of the installation of necessary
exclusive option to terminate this Lease if within 90 days after telephone lines and the monthly service for such telephone lines
Lessee has signed this Lease, the Equipment has not been and any internet access lines.
delivered to Lessee,or Lessee has not accepted the equipment
as provided in paragraph 4.
Lessee has reviewed this page and certifies that each of the
provisions set forth is clear and legible.
Page 2 of 6 10_24_03 PFG Golf Lease Agmt Prohnk only final ver doc Lessee initials
11. TAXES. Lessee shall promptly reimburse Lessor for, or
8. EQUIPMENT LOCATION; USE AND REPAIR; shall pay directly if so requested by Lessor, as additional Rent,
RETURN. Lessee will keep and use the Equipment only at all taxes, charges and fees which may now or hereafter be
the Equipment Location shown on the front of this Lease. imposed or levied by any governmental body or agency upon or
Lessee may not move the Equipment without Lessor's prior use, location or relocation of the Equipment, or otherwise in
written consent. At Lessee's own cost and expense, Lessee connection with the transactions contemplated by the Lease,
excluding,however,all taxes on or measured by the net income
will keep the Equipment eligible for any manufacturer's of Lessor. Lessee agrees to reimburse Lessor for all personal
certification, in compliance with all applicable laws and in not property taxes immediately upon receipt of Lessor's invoice
make any alterations, additions or replacement to the including without limitation such taxes assessed or arising during
Equipment without Lessor's prior written consent. All the term of this Lease but remitted by Lessor after the
alterations, additions and replacements will become part of terminiation of this Lease. At Lessor's option, Lessee agrees to
the Equipment and Lessor's property at no cost or expense to
remit,,allong with Lessee's rental payments under this Lease, an
Lessor. Lessor may inspect the Equipment at any reasonable amount equal to a percentage of Lessor's reasonable estimate
time. Unless Lessee purchases the Equipment at the end of of the personal property taxes that will be assessable against the
this Lease, Lessee will immediately deliver the Equipment to Equipment. Any such amounts remitted to Lessor will be
Lessor to any place in the United States that Lessor tells credited by Lessor against Lessee's obligations under this
Lessee. Additionally,the Lessee agrees that the Equipment paragraph. Lessee will remain obligated in the event that such
being returned must meet the Standard Equipment Return amounts are insufficient to fully reimburse Lessor the actual
Conditions as set forth below. Lessee will pay all expenses amount of such taxes and any surplus will be either credited to
of deinstalling, crating and shipping, and Lessee will insure Lessee's other obligations to Lessor or returned to Lessee. If
requested, Lessee agrees to
the Equipment for its full replacement value during shipping. file promptly on behalf of Lessor all
9. ADVERTISING. This Agreement shall not confer any requested tax returns and reports concerning the Equipment in
form satisfactory to Lessor, with all appropriate governmental
rights, financial or otherwise, on Course Owner with respect agencies and to mail a copy to Lessor concurrently with the filing
to advertising rights or revenues associated with the thereof. Lessee further agrees to keep or cause to be kept and
Equipment. made available to Lessor any and all necessary records relevant
10. STANDARD EQUIPMENT RETURN CONDITIONS. to the use of the Equipment and aforesaid taxes, assessments
A. Notwithstanding anything to the contrary contained in and other governmental charges.
the Lease, and in addition to the terms and conditions 12. PURCHASE OPTION; AUTOMATIC RENEWAL. If
contained herein, Lessee shall, at Lessee's sole cost and no Default exists under this Lease, Lessee will have the option
expense,return all,but not less than all,of such Equipment to at the end of the Initial or any renewal term to purchase all(but
Lessor immediately upon the expiration of the Initial Term of not less than all)of the Equipment as shown on the front of this
Lease or any extensions and with respect to each item of Lease,plus any applicable taxes. Unless the Purchase Option is
Equipment,as applicable,the following must be true: $1.00, Lessee must give Lessor at least 120 days written notice
• All safety equipment must be in place and meet before the end of the Initial Term that Lessee will purchase the
applicable federal,state and other governmental standards. Equipment or that Lessee will deliver the Equipment to Lessor.
• All covers and guards must be in place with no sheet If Lessee does not give Lessor such written notice or if Lessee
metal,plastic or cowling damage. does not purchase or deliver all but not less than all of the
• All parts, pieces, components and optional equipment Equipment in accordance with the terms and conditions of this
must be present,installed and operational. Lease, this Lease will automatically renew for an additional 12
• All accessories shall be returned in proper order. month term and thereafter renew for successive one month
• All electronic controls shall operate per manufacturer's terms until Lessee delivers the Equipment to Lessor or
specifications. Controls which bypass normal operations shall purchases the Equipment. During such renewal(s)the Amount
be repaired at Lessee's expense. of Each Rental Payment will remain the same. Lessor may
• All electrical systems shall be able to provide electrical cancel an automatic renewal term by sending Lessee written
output as specified by the manufacturer. notice 10 days prior to such renewal term. If the Fair Market
• All Equipment must have a relatively clean Value("FMV") Purchase Option has been selected, Lessor will
appearance. use Lessor's judgment to determine the Equipment's FMV. FMV
• All Equipment shall be free from excessive wear shall mean the retail not wholesale FMV determined solely by
necessitating major component repair or replacement caused the Lessor. Upon payment of the Purchase Option price to
by lack of recommended maintenance as detailed in Lessor plus all applicable taxes, Lessor shall transfer it's interest
customer operation/maintenance manuals. in the Equipment to Lessee "AS IS, WHERE IS" without any
• All Equipment shall be free from structural damage or representations or warranties whatsoever and this Lease will
bent frames. terminate.
• Any usage or metering devices must not have been 13. LOSS OR DAMAGE. Lessee shall bear all risk of loss
altered in any way. associated with an item of Equipment, including the theft,
• All Equipment attachments, if any, must be in good destruction, or damage. No such loss shall relieve Lessee from
operating condition. any of its obligations under this Lease. In the event of any loss
B. RETURN PERFORMANCE. Each item of Equipment with respect to particular Equipment, Lessee shall either: (a)
must be able to complete the following tests: place such Equipment in good repair, condition and working
• Have all functions and controls work in normal manner. order, (b) replace such Equipment with like equipment (of the
• Perform its designed functions in a satisfactory manner. same year, make, model and accessories) in good repair,
C. REQUIRED PURCHASE. If any item of Equipment is condition and working order, or (c) pay to the Lessor the
damaged or does not meet the standards set forth above for Stipulated Loss Value of such Equipment. The"Stipulated Loss
the return condition of such Equipment or if the Lessee fails to Value"for particular Equipment, under a Fixed Rental Payment
discharge Lessee's obligations set forth above with regard to Schedule,
any item of Equipment, Lessee shall pay to Lessor,
immediately upon demand,the Stipulated Loss Value of such Lessee has reviewed this page and certifies that each of the
item of Equipment. provisions set forth is clear and legible.
in connection with the purchase,ownership,lease,possession,
Lessee initials
Page 3 of 6 10_24_03 PFG Golf Lease Apt Probnlc only final ver doc
•
shall be an amount e
the date amounts, i equal to: re the total of all Rent and an
if any,due with respect
future payment of pmt to such Equipment any
Rent the Stipulated Loss q pment as of
with respect to such Value,
16.
estimated F payment
of such uch Equipment alu plus (ii) all DEFAULT.
Term of Lease Equipment as of the plus (m)the then this Lease Each of the following is a
estimated
for such Equipment end of the Initial other payment wtth sails to pay an Default" under
ge);the Stipulated Loss a ueif the Payment c loss not any days of its due Rental Payment or any•Term
For Play and, shall be or a or i perform y of Lessee's
rounds an amount a Yment Schedule is Lease or in any other (ii) Lessee does
per month as set forth in the Payment equal to the average guarantor b nY other agreement with obligations under
the Usage Fee times equa Sch eait of insolvent, Lessor; (iii) Lessee or
Agreement. If, due to theft number of months remaining Schedule times
re.organization benefit of dissolves, or asst
the Equipment is non-operable damage or other loss, , does lion Creditors, or a^enters any assigns tt ntcy or
Lessee shall Parable for dies proceeding; (iv) Y bankruptcy this
that the Equipment pay to Lessor an amount anon more than seven days„addition, the t plowin its obligations Default guarantor of this Lease
rounds for eac is Pro-rated for e "Default" following will under the guaranty. In
non-operable, equal to the uch day under the also be Default
the Usage month set forth in the P number of For Play; Lease, if the Payment considered a
sage Fee. ayment Sch ay' (v) Lessee's failure to use Schedule is Pay
rounds
INSU Schedule times respect to the E reasonable care
extend RANCE, Lessee shall keep
or more calendar and such failure with
extended coverage Pin effect an ° alendar days after continues
Equipment for its full Le arty insurance All Risk" Lessee of Lessee's Lessor p gives for five
a coin replacement value. policy covering
components, misuse of the Wt or notice to
prehcovi coverage property
Lessee shall eringcath 24 hours i (vi)h to cure turns the E Equipment or an
Equip fent or third Y lnsurance which Fee c e with the off any Play
y
m
a in form, part liabiltt policy o.r other Payed t Schedule hedul Fee fare tas 24 hours in w ich to cure th has
m,amount and Y Y coverage. Such Pa accordance
property insurance rm of policy a y li insurers acceptable Such Policies shall default);Payment Schedule(Lessee has 24 ho with the Pay For play
Payee shall name Lessor and o Lessor. The (viii)at any
Y and the Usage at time of urs m which to cure this
name Lessor general liability assigns as 9e Fee to Counter p than
be and its a Y insurance to use the Optional changes the structure of the
policy shall signs as an Additional insurance Policy shall 17' system at (giving the Gusto
provide: s point of sale).
written notice of (a) for no less than ed. Each REMEDI customer a choice
that such cancellation non-renewal thirty (30) r, more of the following:a Default occurs
policy shall not be invalidat ai Lessor,days prior Lessor may
assigns for the violation and(b) Lease or any g (i) Lessor may cancel or terminate this
Lessor Le any tam of the against Lessor or its
with Lessee;asicompeor agreement tat Lessor has entered into
Lessee appoints violation of an
required insurance de's a by Lessee.
p Y Lessor, may require
and it rance coverages oims, r^_fact to request not as a penalty,0a sum equal foro Stipulated Lessee to immediately
elute and endorse make claims, receive a sum equal Lessor's mediated
instruments necessary all documents,checks payments
Lessor set may require qual to the Stipulated Lo bargain and
y 4 Lessee to
under any policy endorse
or advisable to drafts or other
as set forth in deliver the Value;(iii)
relieve Y contemplated secure payments due Peaceful) Paragraph 8; 1v Equipment to Lessor
Lessee from its obligations to The foregoing insurance
shall not Lessee will not make the Equipment(iv) or it's agent may
to
policies required herein, to make timely Procure the or tees any claims without court
make order and
otherwise cooperate with insuranc insurance claims and any other or any other reason; against Lessor damages
seeking insurance coves carriers and 9ht or remedy ssor for dama
with the E 9e and Lessor in agrees to y available at(v) or in may exercise
shall be Equipment. Pr recoveries in connection against Lessee,all of Lessor's costs of a or�n equity.
made Proceeds from any general liability takes sessi including reasonable Lessee
extent e its payable first on behalf enforcing Lessors rights
its liability if an elf of the Y policy possession of the Equipment, ' 9htr
Lessee whether any.All policies of of the insurance to the otherwise dispose of net proceeds nt attorneys fees. t Lessor
any policies primary or excess, carried by
private sale, it with or without Lessor may sell or
provide maintained by Lessor. shall be prima costs related to the sale the net notice,( a
and
Lessor with evidence of If Lessee ryas to proceeds Public or
days of Lessor's re proper insurance does not amounts that or disposition of the Equipment)deducting all
Cancellation quest or Lessor receives urance within 10 notice of sale Lessee ee owes Lessor Lesse agrees m to the
insurance , Lessor may (but is obligated notice of shall required by agrees that if
on Lessor's i not o Policy constitute reasonable law to be given, 10 days
expense Lessee agrees in the equipment gated to) obtain pplil cone notice. Y notice
expend e. Less B grees to pay all insurac p m Lessee's
applied such for any amounts that are due will re
when Because of increased et proceeds. after remain
not insured, Premiums and 18. PERF Lessor has
month a risk Lessee agrees to credit risks to Lessor BY PERFORMANCE OF
when
charge stipulated y to Lessor of LESSOR. If Lessee LESSEE'S OBLIGATIONS
Pa each
original Equipment cost and liquidated at Perform fails to
of nth a
until Lessee .35% many act mor ake ebq make any u h act or
Lessor's
of s with insurance re provides but need not, gate required . Anyder
such risk requirements. proof obligation make such payment or hereunder, Lessor may,
any insurance an Lessee In spite of the at the expense of perform
all losses, benefits from Lessor has no right or claim to hereunder Lessee,Lessee such act or
and such Lessee is hereunderba Lessor shall constitute Any such
requirements of this risk charge is not in lieu of still liable for pad shall be additional expense
Lease. the insurance wamano.any action by payable by Lessee Rent due
15. TITHE, Lessor is the waiver of a by Lessor shall not be t° Lessor
Equipment. Lessee owner of and 19, nY default by Lessee, deemed upon
ssee will keep will hold title to the FINANCE a cure or
and eTIT TITLE.
o the Equipment hold Article LEASE STATUS.
lease intended If tke transaction Equipment
' of all liens 2A Leases of the Uniform Lessee
money fors. Ifity, Lessee is deemed to be a this Lease, this Lease ncle . By ig Code agrees that if
Y security interest in the Egrants Lessor that to will be considered PPlies to
replacements a Purchase m e defined in a ifinance lease"as
Proceeds). substitutions, qulpment (includin Lessee agrees that either Article 2q
additions, L attachments rig any and received, a co (a) Lessee has signing this Lease,
and has informed copy of the Su has reviewed, approved,
Lessee Lessee of the Supply Contract or(b)that Lessor
Lessemay have rights under then Supply e of the Supplier,
Lessee may contact the Supplier that
e
TO pplier for a Contract, and that
LAIN THE EXTENT PERMITTED BY APPLICABLE
I those
Page 4 of 6 REMEDIES LESSEE WAIVES ANY MITTED
io z�os` CONFERRED AND AL BY APPLICABLE _
G God only final v�y_�� UPON A RIGHTS AND
LESSEE BY ARTICLE
Lessee has reviewed this page and
provisions set forth is clear certifies that each
and legible. p,� of the
Lessee initii..
tlOrlei city, Lease Number: PL589070005
A division of National City Commercial Capital Corporation
995 Dalton Avenue • Cincinnati,OH 45203
With Questions call:(800)263-9499
FAX TO:(888)888-3695
Qty Manufacturer Description Serial# Serial#
(Year,Model and Accessories)
67 ProLink/ParView,LLC 10"GPS Assemblies
Supplier(s) (Address/County/City/State/Zip/Phone#)
ProLinklParView,LLC
Location (Address/County/City/State/Zip/Phone#)
City of Elgin,IL DBA The Highlands of Elgin 875 Sports Way Elgin, IL 60123
Lessee has reviewed this page,and agrees the data on this Schedule A is accurate Lessee Initials X
Page 6 of 6 10_2403 PFG Golf Lease Agmt Prolo*only final ver.doc
Equipment Schedule A
For
Lease #62044000
Quantity Description Serial No.
1 (67) 10"ProLinkParView GPS Assemblies PI079536
1 (67) 10"ProLink/ParView GPS Assemblies P1116042
1 (67) 10"ProLink/ParView GPS Assemblies P1079388
1 (67) 10" ProLinkParView GPS Assemblies P1080229
1 (67) 10" ProLinkParView GPS Assemblies P1079916
1 (67) 10" ProLinkParView GPS Assemblies P1078738
1 (67) 10"ProLinkParView GPS Assemblies P 1079566
1 (67) 10"ProLinkParView GPS Assemblies P1116065
1 (67) 10"ProLinkParView GPS Assemblies P1079957
1 (67) 10"ProLinkParView GPS Assemblies P0102799
1 (67) 10"ProLink/ParView GPS Assemblies P1079962
1 (67) 10"ProLink/ParView GPS Assemblies P1079552
1 (67) 10"ProLink/ParView GPS Assemblies P0102500
1 (67) 10"ProLink/ParView GPS Assemblies P1079579
1 (67) 10" ProLink/ParView GPS Assemblies P1079558
1 (67) 10" ProLink/ParView GPS Assemblies P1015867
1 (67) 10"ProLink/ParView GPS Assemblies P1116259
1 (67) 10"ProLink/ParView GPS Assemblies P1079929
1 (67) 10"ProLink/ParView GPS Assemblies P1079925
1 (67) 10"ProLink/ParView GPS Assemblies P1116768
1 (67) 10"ProLink/ParView GPS Assemblies P1078732
1 (67) 10"ProLink/ParView GPS Assemblies P1078752
1 (67) 10"ProLink/ParView GPS Assemblies P1079568
1 (67) 10"ProLink/ParView GPS Assemblies P1116261
1 (67) 10"ProLink/ParView GPS Assemblies P1079386
1 (67) 10"ProLink/ParView GPS Assemblies P1079108
1 (67) 10" ProLink/ParView GPS Assemblies P1079043
1 (67) 10"ProLink/ParView GPS Assemblies P1078975
1 (67) 10"ProLink/ParView GPS Assemblies P1078945
1 (67) 10"ProLink/ParView GPS Assemblies P1078884
1 (67) 10"ProLink/ParView GPS Assemblies P5505224
1 (67) 10"ProLink/ParView GPS Assemblies P1078890
1 (67) 10"ProLinkiParView GPS Assemblies P1079464
1 (67) 10"ProLinkParView GPS Assemblies P 1079048
1 (67) 10" ProLink/ParView GPS Assemblies P1078873
1 (67) 10" ProLink/ParView GPS Assemblies P1079027
1 (67) 10" ProLinkParView GPS Assemblies P1078933
1 (67) 10"ProLink/ParView GPS Assemblies P 1078883
1 (67) 10" ProLink/ParView GPS Assemblies P1080212
1 (67) 10"ProLink/ParView GPS Assemblies P1018471
1 (67) 10"ProLink/ParView GPS Assemblies P0101625
1 (67) 10"ProLink/ParView GPS Assemblies P0102884
1 (67) 10" ProLinkParView GPS Assemblies P1079460
1 (67) 10"ProLinkParView GPS Assemblies P1078891
1 (67) 10" ProLink/ParView GPS Assemblies P01018784
1 (67) 10"ProLink/ParView GPS Assemblies P1016460
1 (67) 10" ProLink/ParView GPS Assemblies P1018498
1 (67) 10"ProLinkParView GPS Assemblies P1078853
1 (67) 10"ProLinkParView GPS Assemblies P 1078976
1 (67) 10"ProLink/ParView GPS Assemblies P1078904
Equipment Schedule A
For
Lease #62044000
1 (67) 10" ProLinkParView GPS Assemblies P1078944
1 (67) 10" ProLink/ParView GPS Assemblies P1078888
1 (67) 10" ProLinkParView GPS Assemblies C2060653
1 (67) 10" ProLink'ParView GPS Assemblies P 1078909
1 (67) 10" ProLink/ParView GPS Assemblies C2060601
1 (67) 10" ProLink/ParView GPS Assemblies P 1078969
1 (67) 10" ProLink/ParView GPS Assemblies P1078905
1 (67) 10" ProLinkParView GPS Assemblies P1078953
1 (67) 10" ProLink/ParView GPS Assemblies P1015225
1 (67) 10" ProLinkParView GPS Assemblies P1018501
1 (67) 10" ProLink/ParView GPS Assemblies P1079081
1 (67) 10" ProLink/ParView GPS Assemblies P1078972
1 (67) 10" ProLink/ParView GPS Assemblies P1018536
1 (67) 10" ProLinkParView GPS Assemblies P1016153
1 (67) 10" ProLink/ParView GPS Assemblies P1016057
1 (67) 10" ProLink/ParView GPS Assemblies C2071197
1 (67) 10" ProLink/ParView GPS Assemblies P1078967
City.National
Pay For Play
a civision of National City Comtnercial Capital Corporation For National City Golf Financing Use Only
995 Dalton Avenue
Cincinnati, OH 45203 Lease Number PL589070005
(800)263-9499
HISTORY OF ACTIVITY AND USAGE FEES AT THE GOLF COURSE
Budgeted Golf Rounds by Month:
18 hole Individual 9 hole Individual Tournament or Member Other Discount& Total
Car Rounds Car Rounds Outing Rounds Rounds Comp 2% Rounds
January 0 0 0 0 0
February 0 0 0 0 0
March 0 0 0 0 0
April 2000 400 250 53 2597
May 2500 450 500 69 3381
June 3000 500 500 80 3920
July 3000 550 250 76 3724
August 3000 550 0 71 3479
September 2500 400 0 58 2842
October 2500 350 0 57 2793
November 0 0 0 0 0
December 0 0 0 0 0
Total Rounds 18,500 3,200 1,500 464 22,736
Round Type $400 $2.00 $4.00 N/A
Usage Fee
Total Budgeted
Pay-for-Play
remittance
(Check One) X Optional PFP PROLINK®will be programmed to allow a Golf Cart the opportunity to reject the
continued use of PROLINK®after a two to three hole trial period(the"Trial Period").
After the Trial Period,the course management system will report to Course Owner
whether a Golf Cart has requested a refund. Should a Golf Cart request a refund,
Course Owner shall refund the applicable Usage Fee(s)to the golfer(s)at the end of.
the round of golf
Non-Optional Player is not given a refund option.
This Payment Schedule and its terms and conditions are hereby incorporated by reference into the Lease identified above.
Lessee: j Lessor:
City of Elgin,IL NC Golf Finance
a division of National City Commercial Capital Corporation
A
In % ,.. I V-K--' r .
uthorized Si. ature I Authorized Signatu e
QJ�U�z_sk �o�,R R∎M � Q-■;ylk�H Atx-E Z 4), ONi / 1 " \\��, 1I11�� 'k_Ei-jL_ \�i�
Print Name and Title Date / CNa `artd Title ate
Page 1 of 2 10_24_03 PFG Goff Lease Agmt Profnh only final ver doe
., rl \r.l �t 1
city.National
ray ror nay (continued)
PAY FOR PLAY USAGE FEES
1. Usage Fee. Once Installation is complete, Lessee shall,on behalf of Lessor collect the Equipment usage fees plus applicable
taxes(collectively the"Usage Fee") in accordance with the Payment Schedule from each and every golfer at the time the green fee
and cart fee are collected by Lessee. The amount of the Usage Fee to be collected may be changed by Lessor from time to time
should Lessor reasonably determine that the actual number of rounds of golf played at the Golf Course are less than the budgeted
rounds shown in the Payment Schedule. Lessor shall give Lessee written notice of a change in the Usage Fee at least seven days
prior to the effective date of such change. A billable round is one in which the Equipment provides the basic functionality of the system
including yardage and time clock for ahead or behind pace of play,whether or not that functionality has been disabled at the base.
2. Payment of Usage Fees. Lessee agrees to submit its weekly rounds played to ProLink,Inc.using the weekly pay-for-play form
below, via facsimile, email or a web site interface. The weekly round data will be due by the close of business on Tuesday of each
week, for the prior week. Lessee agrees to allow Lessor to automatically withdraw funds from its bank account via the Automatic
Clearing House program once a month. The Attached Invoice Customization is an authorization for Lessor to automatically withdraw
funds from Lessee's bank account. The amount of funds debited will be based upon the number dollar amount reported by the Lessee
for the prior month. Each week, Lessee agrees to use its reasonable efforts to cooperate with Lessor in reconciling the Lessee's
weekly round data for the previous week with that recorded by the Equipment.
3. Penalties and Interest. If Lessee's bank account does not have sufficient funds to cover the amounts due, Lessee will pay a
$100 service charge for each unsuccessful payment. In addition,any amounts not paid within 10 days of the due date of the payment
will incur interest at the rate of 1.5%per month,from the date the payment was due.
4. Lessee as a Fiduciary. Lessee acknowledges that it is acting as a fiduciary of Lessor when collecting and remitting Usage
Fees and has no right,title or interest in the Usage Fees. Lessee understands that any funds collected from Lessee's customer for the
Equipment will be remitted to Lessor,whether the Equipment is considered to be fully functional or not.
5. Right to Audit. Lessor may from time to time audit Lessee for the sole purpose of determining round counts and Usage Fees.
If the audit reflects more than a 5%shortage in usage fees remitted to Lessor,Lessee shall pay the cost of the audit and pay the
shortage of Usage Fees paid to Lessor plus a penalty of 20%of the shortage. Lessee will provide for reasonable access to auditors to
perform such audit.
WEEKLY PROLINK PAY FOR PLAY COLLECTIONS FORM
Course Name: City of Elgin,IL
Week Ending:
Number of Rounds per course POS
Weeldy Round Rate per
Round Type Mon Tues Wed Thurs Fri Sat Sun Total Round Total Dollars
18-Hole 0 $
9-Hole 0 $ --
Member 0 $
Complimentary
Total 0 0 0 0 0 0 0 0 $ -
Total Amount Due $ -
Reporter's Signature Date
Reporter's Printed Name
Page 2 of 2 10_24_03 PFG Golf Lease Adml Proank only final ver doe
National ate/.
FINANCE
a division of National City Commercial Capital Corporation
995 Dalton Avenue • Cincinnati,OH 45203
With Questions call:(800)263-9499
FAX TO:(888)888-3695 Lease Number: PL589070005
In compliance with the terms,conditions and provisions of the Lease Agreement dated =!! C )
("Lease")by and between the undersigned ("Lessee")and NC Golf Finance Lessee hereby:
a) certifies and warrants that all Equipment described in the above-referenced Rental Schedule (the
"Equipment")is delivered, inspected and fully installed,and operational as of the Acceptance Date as
indicated below;
b) accepts all the Equipment for all purposes,under the Lease and all attendant documents as of this_day of
k.ck/ I ay (month), 200 > (Acceptance Date").
c) agrees that for this Certificate of Acceptance,and the Equipment relative to the same,the Amount of Each
Rental Payment shall be in the amount of$See Attached Rounds Breakdown per period
OR
As shown on the Payment Schedule attached hereto.
d) restates and reaffirms,as of such Acceptance Date,each of the representations,warranties and covenants
heretofore given to Lessor in the Lease.
e) In the case of a Pay For Play Payment Schedule agrees upon a billing start date of
•
Signature , Title
Lessor is hereby authorized to insert serial numbers on the Rental Schedule.
National City
a civision of National City Commercial Capital Corporation
995 Dalton Avenue Lease Number PL589070005
Cincinnati, OH 45203
(800)263-9499
The City of Elgin, IL ("Customer") has leased or will be leasing equipment from NC Golf Finance.
The Customer is required to provide NC GOLF FINANCE with the following insurance coverage:
A. "All Risk" Property insurance covering the equipment (as shown in the lease) owned by or in
which NC GOLF FINANCE has a security interest, in an amount not less than the full
replacement cost of the equipment,with NC GOLF FINANCE named as loss payee.
B. Public Liability Insurance naming NC GOLF FINANCE as an additional insured with the
proceeds to be payable first on the behalf of NC GOLF FINANCE 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.
C. Each policy shall provide that: (i) NC GOLF FINANCE 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 NC GOLF FINANCE shall be secondary or excess of the policy and (iii) in
no event shall the policy be invalidated as against NC GOLF FINANCE 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 NC GOLF FINANCE at the following
address:
NC Golf Finance
a division of National City Commercial Capital Corporation
995 Dalton Avenue •Cincinnati,OH 45203 •(800)263-9499
MASTER CERTIFICATE OF INCUMBENCY
The undersigned being duly elected and acting as of
City of Elgin, IL DBA:Highlands of Elgin (the "Lessee") does hereby certify that the
person or persons listed below are authorized representatives of the Lessee in the
capacity set forth opposite their names and that their signatures are true and correct
and, as of the date hereof, have proper corporate power and authority to execute
and deliver any Lease Agreement between Lessee and National City Golf Finance a
division of National City Commercial Capital Corporation, any Lease Schedules
pursuant thereto and the documents required thereunder.
Name (print) Title Sample Signature
I hereby attest that this information is true and correct as of this day
of , 2005.
City of Elgin, IL
DBA:Highlands of Elgin
(--G-- i.., .........,-..._ ' ... ._‘......_.:&.--.4-
Signature
-...\ .. . ,,,,,...,gt,_ -. .,...,...3.-
Title
U7/1.M/ 14: Z.7 47U'itli.7JJ Jit..Y. •JU'rl�t t-Nl.'t FJ�` J�
MASTER CERTIFICATE OF INCUMBENCY •
The undersigned being duly elected and acting as G' riciv.oc4'-' of
City of Elgin, IL DBA:Highlands of Elgin (the "Lesseedoes hereby certify that the
person or persons listed below are authorized representatives of the Lessee in the
capacity set forth opposite their names and that their signatures are true and correct
and, as of the date hereof, have proper corporate power and authority to execute
and deliver any Lease Agreement between Lessee and National City Golf Finance a
division of National City Commercial Capital Corporation, any Lease Schedules
pursuant thereto and the documents required thereunder.
Name (print) Title Sample Signature
pew..; Foka Marna 9 a,.i _ •
( L ,.� � 4 a;� w
I ereby attest that pis information is true and correct as of this /o day
of Ait , 2005.
City of Elgin, IL
DBA:Highlands of Elgin
A.) !!C
Signature
?k.L.AC,t J JI L.c t l
Title 0
TEXTRON FINANCIAI.
Lending help beyond expectations.
DISCLAIMER OF INTEREST
This Disclaimer of Interest (this "Agreement") is entered into among the undersigned
creditor("Creditor") and Textron Financial Corporation ("TFC"),
RECITALS
A. Creditor has extended credit toCity Of Elgin dba Highlands of Elgin - 875
Sports Way - Elgin,IL 60123 ("Borrower"), relating to the property described on
Exhibit A hereto (the "Property"); and
AGREEMENT
Creditor and TFC agree as follows:
1. Disclaimer. TFC disclaims any present or future security interest or other interest
in the Property and in any "Proceeds" thereof, as that term is defined in the Uniform Commercial
Code. TFC will not assert any interest in any of the Property or in any Proceeds thereof.
2. Form of Obligations Irrelevant. This Agreement shall remain in full force and
effect notwithstanding that TFC or Creditor terminates or modifies, by agreement or otherwise,
any of their respective agreements with Borrower.
3. Binding Agreement; Governing Law. This Agreement shall be deemed to be a
contract under the laws of the State of Rhode Island and for all purposes shall be governed by
and construed in accordance with the laws of that state.
TFC: CREDITOR:
TEXTRON FINANCIAL CORPORATION National City Golf Finance, a division of
National City Commercial Capital
Corporation
By: ,r_. By: ,-- ��-t _ •
Print Name: e Taylor Print N e: „ IAN .kt4
Print Title: Credit Manager Print Title: t Cu � -/ , -
Date: 8/16/05 Date: / C1 (C;
Address: 1451 Marvin Griffin Rd Address: 995 Dalton Ave
Augusta. GA 30906 Cincinnati, OH 45203
LSM2649 Disclaimer of Interest
06105
Equipment Schedule A
For
Lease#62044000
Quanti Descri•tion Serial No.
1 (67) 10"ProLink/ParView GPS Assemblies P1079536
1 (67) 10"ProLink/ParView GPS Assemblies P1116042
1 (67) 10"ProLink/ParView GPS Assemblies P1079388
1 (67) 10"ProLink/ParView GPS Assemblies P1080229
1 (67) 10"ProLink/ParView GPS Assemblies P1079916
1 (67) 10"ProLink/ParView GPS Assemblies P1078738
1 (67) 10"ProLink/ParView GPS Assemblies P1079566
1 (67) 10"ProLink/ParView GPS Assemblies P1116065
1 (67) 10"ProLink/ParView GPS Assemblies P1079957
1 (67) 10"ProLink/ParView GPS Assemblies P0102799
I (67) 10" ProLink/ParView GPS Assemblies P1079962
1 (67) 10"ProLink/ParView GPS Assemblies PI079552
l (67) 10"ProLinkdParView GPS Assemblies P0102500
1 (67) 10"ProLink/ParView GPS Assemblies P1079579
1 (67) 10"ProLink/ParView GPS Assemblies P1079558
1 (67) 10"ProLink/ParView GPS Assemblies P1015867
1 (67) 10"ProLink/ParView GPS Assemblies P1116259
1 (67) 10"ProLink/ParView GPS Assemblies P1079929
1 (67) 10"ProLink/ParView GPS Assemblies P1079925
1 (67) 10"ProLink/ParView GPS Assemblies P1116768
1 (67) 10"ProLink/ParView GPS Assemblies P1078732
1 (67) 10"ProLink/ParView GPS Assemblies P1078752
1 (67) 10"ProLink/ParView GPS Assemblies P1079568
. 1 (67) 10"ProLink/ParView GPS Assemblies P1116261
1 (67) 10"ProLink/ParView GPS Assemblies P1079386
1 (67) 10"ProLink/ParView GPS Assemblies P1079108
1 (67) 10"ProLink/ParView GPS Assemblies P1079043
1 (67) 10"ProLink/ParView GPS Assemblies P1078975
1 (67)10"ProLink/ParView GPS Assemblies P1078945
1 (67) 10"ProLink/ParView GPS Assemblies P1078884
1 (67) 10"ProLink/ParView GPS Assemblies P5505224
1 (67) 10"ProLink/ParView GPS Assemblies P1078890
1 (67) 10"ProLink/ParView GPS Assemblies P1079464
1 (67)10"ProLink/ParView GPS Assemblies P1079048
1 (67) 10"ProLink/ParView GPS Assemblies P1078873
1 (67) 10"ProLink/ParView GPS Assemblies P1079027
1 (67) 10"ProLink/ParView GPS Assemblies P1078933
1 (67) 10" ProLink/ParView GPS Assemblies P1078883
1 (67) 10"ProLink/ParView GPS Assemblies P1080212
1 (67) 10" ProLink/ParVicw GPS Assemblies P1018471
1 (67) 10"ProLink/ParView GPS Assemblies P0101625
1 (67) 10"ProLink/ParView GPS Assemblies P0102884
1 (67) 10"ProLink/ParView GPS Assemblies P1079460
1 (67) 10"ProLink/ParView GPS Assemblies P1078891
1 (67) 10"ProLink/ParView GPS Assemblies P01018784
1 (67) 10"ProLink/ParView GAS Assemblies P1016460
I (67) 10" ProLink/ParView GPS Assemblies P 1018498
1 (67) 10"ProLink/ParView GPS Assemblies P1078853
1 (67) 10"ProLink/ParView GPS Assemblies P1078976
1 (67) 10"ProLink/ParView GPS Assemblies P1078904
Equipment Schedule A
For
Lease #62044000
1 (67) 10"ProLink/ParView GPS Assemblies P1078944
1 (67) 10"ProLink/ParView GPS Assemblies P1078888
1 (67) 10"ProLink/ParView GPS Assemblies C2060653
1 (67) 10"ProLink/ParView GPS Assemblies P1078909
I (67) 10"ProLink/ParView GPS Assemblies C2060601
1 (67) 10"ProLink/ParView GPS Assemblies P1078969
1 (67) 10"ProLink/ParView GPS Assemblies P1078905
1 (67) 10"ProLink/ParView GPS Assemblies P1078953
1 (67) 10"ProLink/ParView GPS Assemblies P1015225
1 (67) 10"ProLink/ParView GPS Assemblies P1018501
1 (67) 10"ProLink/ParView GPS Assemblies P1079081
1 (67) 10" ProLink/ParView GPS Assemblies P1078972
1 (67) 10"ProLink/ParView GPS Assemblies P1018536
1 (67) 10"ProLink/ParView GPS Assemblies P1016153
1 (67) 10"ProLink/ParView GPS Assemblies P1016057
1 (67) 10"ProLink/ParView GPS Assemblies C2071197
I (67) 10"ProLink/ParView GPS Assemblies P1078967
CSR EL DATE(MM/DD/YYYY)
ACORD_ CERTIFICATE OF LIABILITY INSURANCE EL CSR 08/09/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lundstrom Insurance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
645 Tollgate Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Elgin IL 60123
Phone: 847-741-1000 Fax:847-741-1715 INSURERS AFFORDING COVERAGE I NAIC#
INSURED INSURER A st. Paul rir• &Marine Ins. Co
INSURER B safety National Casaulty Co.
City Of Elgin INSURER C
150 Dexter CT INSURER D
Elgin IL 60120 INSURER
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW I AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INJX ADU LI POLICY NUMBER 1 POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR NSRC TYPE OF INSURANCE DATE(MM/DD/YY} DATE(EXPIRAYY)
EACH OCCURRENCE $ 2,000,000
GENERAL LIABILITY UAMAVt IU'lEN,tU
A X COMMERCIAL GENERAL LIABILITY GP06301453 10/01/04 10/01/05 PREMISES;Ea occurence) $ 100,000
CLAIMS MADE u CCCUR MED EXP(Any one person) $ 5,000
PERSONAL&ADV INJURY $ 2,000,000
GENERAL AGGREGATE $ 3,000,000
PRODUCTS-COMP/OP AGG $ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER —
POLICY PE2T 7 LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000
A X
ANY AUTO GP06301453 10/01/04 10/01/05 (Ea accident)
ALL OWNED AUTOS BODILY INJURY $
(Per person)
SCHEDULED AUTOS —
HIRED AUTOS BODILY INJURY $
(Per accident)AUTOS – '-
PROPERTY DAMAGE $
(Per accident)
AUTO ONLY-EA ACCIDENT $
GARAGE LIABILITY –
OTHER
THAN EA ACC $
1-- ANY V AUTO AUTO ONLY
AGG $
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE $15,000,000
—
A I OCCUR CLAIMSMADE GP06301453 10/01/04 10/01/05 AGGREGATE $15,000,000
$
DEDUCTIBLE
X RETENTION $10000 $
U- UIH-
WORKERS COMPENSATION AND ITOWRY C LIMITS I ER
B
EMPLOYERS'LIABILITY SP8764IL 10/01/04 3.0/01/05 EL EACH ACCIDENT $1000000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBEREXCLUDED? EL DISEASE-EA EMPLOYEE $1000000
If yes,describe under E L DISEASE-POLICY LIMIT $1000000
SPECIAL PROVISIONS below
OTHER
A Leased Equipment GP06301453 10/01/04 10/01/05 Limit $500,000
Special Form/Theft Ded $ 1,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Lease #PL589070005 Certificate Holder is here added as Additional Insured/
Loss Payee for leased equipment.
CERTIFICATE HOLDER CANCELLATION
NATGOLF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
NC Golf Finance DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 030 DAYS WRITTEN
a Division of National City NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL
Commercial Capital Corp IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
995 Dalton Avenue REPRESENTATIVES.
Cincinnati OH 45203 AUTHORIZEDRSENTATIVE
�� G ACORD CORMRATION 1988
ACORD 25(2001!08)
OF f
`�,� ��,
�
-City of Elgin Agenda Item No.
tie
G
July 8, 2005 ,
N
TO: Mayor and Members of the City Council
RECREATIONAL LEISURE
A NI: CULTURAL OPPORTUNITIES
FOR AI.I CITIZENS
FROM: Olufemi Folarin, City Manager
Randy Reopelle, Parks and Rec eation Director
SUBJECT: Prolink Golf Revenue Sharing Agreement
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to enter into a revenue sharing agreement with Prolink Solutions LLC at the
Highlands of Elgin.
�` RECOMMENDATION
F It is recommended that the City Council approve entering into a 80/20 percentage revenue
sharing agreement with Prolink Solutions LLC for 65 Global Positioning Assembly Systems to
be installed on rental golf cars.
BACKGROUND
Many golf courses are now offering some form of Global Positions Systems (GPS) to their riding
customers. There are many options available from hand held devices, simple yardage global
positioning, to the elaborate system that allows marketing, food and beverage communication
and pace of play support functions. Prolink Solutions offers the most complete system and with
an available option that includes no out of pocket expense.
The Highlands has a low rider volume due to no cart mandates on weekend play. The GPS will
offer our customers an incentive to ride. It will provide the golfer specific yardage to the target,
communication for food service and emergency assistance if necessary. It will provide staff
better control on pace of play and efforts to manage cart traffic on the course.
An optional fee will be charged as part of the key deposit. Our present refundable key deposit is
$2. Under the proposed program the key deposit will be $7 of which $5 would be used for the
GPS service. Additionally, the customer will have two holes of complimentary GPS service.
The GPS display screen will ask the customer if they would like to continue with the service at a
cost of$5. If accepted it will simply reduce the golfer's key deposit refund.
- -
Prolink Golf Revenue Sharing Agreement
t July 8, 2005
Page 2
GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The proposed lease agreement with Prolink Solutions LLC provides that 20% of each $5 GPS
rental fee would be retained by the City. While an amount of revenue as a result of increased
cart rental and GPS rental fee cannot be precisely determined, based on historical cart rental
usage at the Highlands it is estimated the GPS systems may increase revenues $10,700 annually.
viv LEGAL IMPACT
None.
ALTERNATIVES
r"` 1. Enter into a revenue Sharing Agreement with Prolink Solutions LLC.
[[ 2. Do not enter into a revenue sharing agreement.
Respectfully submitted for Council consideration.
ML
Attachment
ef4
INK
SOLUTIONS, LLC
Lease Package Instructions:
1) Lease Agreement:
a. Page 2 upper left—Authorized Signer to execute
b. Same Signer initial pages 2-5 bottom right
2) Schedule A(Equipment) (page 6)
Initial bottom right page
3) Pay For Play Schedule, With Budgeted rounds
Executed by Authorized Signer(page 1)
4) Master Certificate of Incumbency***
a. Signer of Lease Prints name Title and Sample Signature in body
b. Second Authorized Signed on First line states title and then executes at
bottom of page.
5) Certificate of Acceptance(complete after installation)
a. Fill in Lease Agreement Date to right
b. Fill in date of acceptance—signing date section b)
c. Authorized Signer execute bottom of page
6) Insurance Instructions
a. Deliver to Ins Agent
b. Provide Contact to ProLink/ParView
7) Sale Tax Exemption Certificate
a. Fill in re-sale number
b. Execute at Bottom of page
Contact Jack Joyce @ 480-753-2330 for assistances