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HomeMy WebLinkAboutRes 1974-41 Award Bid to Pargo, Inc.1 1 RESOLUTION NO. 41-74 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A CON- TRACT WITH PARGO, INC. IN BEHALF OF THE VILLAGE OF NORTH PALM BEACH FOR THE LEASE OF GOLF CARTS AT THE NORTH PALM BEACH COUNTRY CLUB. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Mayor and the Village Clerk be, and they are hereby, authorized and directed to execute a lease with PARGO, INC. for the lease of golf carts by the Village of North Palm Beach at the North Palm Beach Country Club according to the lease attached hereto, marked Exhibit 1, and by reference made a part hereof. Section 2. The Village Clerk is hereby authorized and directed to affix the Village Seal to said contract. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS 13 DAY OF JUNE, 1974. ATTEST: /s/ Dolores R. Walker Village Clerk /s/ Walter N. Colbath, Jr. MAYOR LE'SE AGREEMENT THIS AGREEMENT, made and entered into this 13th day of June _ 197 rI , ty and between PARGO, -�INC, a NORTH CAIROLINA CORPORATION hereinafter referred to as the "LESSOR" and VILLI.Gi; OF NORTH PALM BEACH, FLORIDA, a municipal corporation organized and exi.aincr tinder the laws of the State of Florida, hcfeinaiPer referred to as the "Lessee". WTTNESSETH: WHEREAS, both the Lessor and the Lessee are desirous of entering into an agreement concerning the leasing by the Lessee from the Lessor of golf cars, hereinafter referred to as CARS, for the par pose of suhleasing said cars at NORTH PALM BEACH COUNTRY CLUB. NOW THEI.fI'ORF, to consideration of the covenants Ihereinafter set forth, the parties as sot forth above do hereby agree as follow: The Lessor Agrees: To lease unto the Lessee a quantity of cars to have and to hold for a term of 12 Months _ _, from the First day of October 1974 It is the intent of both parties that this ]ease then shall continue for two (2) more yearn, renewal to be effected on each anniversary date of this contract. The above CARS shall he PARCO FLEET CARS, together with such bnttcry charging equipment as LESSOR deems will be needed, such cars to be used solely by LOSeeo to; the purpose of transporting golfers around the golf course identified above. It is also agreed that the"Rase Fleet" of cars numbering 50 wi11 be "New 1974 Pargo Model 803 Golf Cars to be in- stalled within 30 days from the effective date of this agreement. In addition to the base fleet, Lessor agrees'to furnish and main- tain three (3) additional vehicles at no charge to the Village of North Palm Peach, Florida, as follows: One (1) Pargo "Truckster" appropriately equipped and marked for "Ranger"use. One (]) Pargo "Truckster" appropriately equipped and marked for "Grec•nskeeper". One (1) Pargo "Flat Hack Body Truckster" appropriately equi pit: d and marked for "Refreshment" use. To procure and,raaintain at its own expense public liability In- surance with Policy limits of not less ti•ann $100,000.00 per per - eon and *300,000.00 per accident for bodily inju'y and $100,000.00 tot each accident for property damage; and fire, theft, and ex-• tendc.l coverage casualty insurance e,pplicahle to said CARS. To perform major maintenance of said CARS occasioned by normal wear and tear, including replacement of batteries as Lessor deems necessary, and at its own expense shall furnish all pants, labor and transportation to effect repairs to said cars. r. To provide triplicate_ rental ticket forms and ticket machines which shall be used in each Instance of subleasing the CARS. '1'o pay all property or and valorem taxes as may be assessed against any of such equipment. The Lessor shall furnish and pay an employee of Lessor to service and maintain the cars at the North Palm Beach Country Club on the basis of seven days a week. That the Lessee shall not he responsible for ordinary wear and tear or for any loss to said vehicles by Tire, theft, or accident except where such damage is caused by negligence on the part of the Lessee, its employees or by persons to whom it has rented Enid vehicles. Where such damage is reused by negligence above annotated, the Lessee shall be invoiced for the repairs and/or replacements necessary and shall pay the Lessor for parts and labor at the Lessor's prevailing rates. The Lessee Agrees: To lease from the Lessor a quantity of CARS to have and to hold for a term of12 months from the First day of __October ]974 It is the intent of both parties that this lease then continue for two (2) more years, renewal to be effected on each anniversary date of this contract. The above CARS shall be Pargo Fleet. Cars, together with such battery charging equipment as LESSOR deem, will he needed, such cars to be uses] solely by Lessee for the purpose of transporting golfers around the golf course iclentifed above. It is also agreed that the"Base Fleet" of cars numbering 50 wi11 be "New 1974 barge Model 803 Golf Cars to be installed within 30 days from the effective date of this agreement. Pay or cause to he paid all taxes and imposts levied or imposed upon said above--descrlbcd CAK:i, sale,, emu:Jo:melt, and/or use taxes required by state or local laws shall he collected from the player by the Lessee in edition to the rates as set forth in paragraph 3. The Lessee shall report and remit such taxes collected to the appropriate teeing authority. The lessee shall sublease said cars to the players at the discretion of the Lessee at a sublease rate of not less than $16.00 for an la - hole round and $3.50 for a 9-hole round. An amount equivalent to forty-five percent (45%) for each 18-hole round and each 9-hole round f:or which said.<cars are subleased during each month shall be paid by the Lessee to the Lessor. Such rents shall be paid on or before the tenth day of each rnnnth to Pargo, Inc., P. O. Box 65105, Charlotte, NC 2820] . To have each car signed for by each and every sublessee on pre - numbered forms to he provided by Lessor each and every time a car is let out for play. Rental tickets voided by the Lessee for any reason shall he marked "void" with an explanation there- fore written on the ticket, signed by an authorized agent of the Lessee and returned to the Lessor with the monthly rental. To submit operational reports for the period covered by said payment. Lessee shall allow the Lessor, upon reasonable notice and upon reasonable demand, to examine the invoices, books, and records of the Lessee as the same pertained the the rental of golf CARS, and shall furthermore allow any qualified accountant or agent of the Lessor to make inspection in lieu and in place of said Lessor if desired by the Lessor. To obtain and submit to Lessor in writing within 24 hours thereof, a complete report concerning any accident or collision involving one of such golf cars. This report shall contain the rnme of the party or parties responsible for causing damage or injury, and forward to the Company the names and addresses of all persons involved in said accident and all witnesses to the accident or circumstances surrounding the accident. The Lessee and its r epre•scnt at f ve:; or employee:; will cooperate with and comply with all reasonable requests of the Company or its representatives with respect to the investigation and/or settlement of any claims arising from said accident. 'Po furnish approved locked storage space and adequate electricity, electrical wiring and circuits for said cars during the term of this contract, The Lessee shall pay or cause to he paid all electricity bi lis. To keep any and all golf cars furnished by lessor hereunder at the golf course identified above and not to allow any such golf cars to be removed from such golf course. without the prior written con- sent of Lessor. T1v:t, at no time will more than two persons be permitted to operate or ride such vehicles and further that such CARS shall be used only to transport golfing equipment and individuals while playing golf on Lessees premises. The Lessee further agrees not to allow any person under the age of 16 to use Golf Cars and will police and restrict the use of said Golf Cars by speeders and other improper operators of said Golf Cars, and that it ui11 not rent the Golf Cars to persons who have been observed speeding or improperly using the said Golf Cars in the past. The Parties Mutually Agree as follows: That the ownership and title to all CARS furnished unto the Lessee shall remain in the Lessor's name and the Lessee shall have no authority whatsoever to mortgage or encumber the CARS, and the Lessee shall he further prohibited from dispoei ng of said CZARS in any manrrer whatsoever. The Lessee agrees that there shall be no other electric or mechanical golf cars for rental purpose permitted on the Club grounds except machines furnished by tha Company dul-inq the life of this agreement. It is agreed that the use of hand cars is permissable. Remittances due the Lessor the tenth of the following month will be subject to a one and one half percent (l'°') delinquency charge for each month or fraction thereof that remittances are late to the Lessor. In the event that the Lessee shall commit any material breach of this Agreement (including, without limitations), nonperformance of any of the obligations set forth herein, shall becrme insolvent, shall cease to do business as a going concern, shall retake a general assignment for the benefit of its creditors, shall be adjudicated bankrupt, or shall have a receiver appointed for al] or substantially all of its property, Lessor shall have the right, by written notice, to declare the Lessee in default to cancel the Agreement. Lessor and Lessee will review car requirements periodically to determine the number of cars necessary to maintain gross revenues on a per car basis. In the event of a default or a violation of the terms, covenants, or conditions contained herein, the Lessor or the Lessee, as the case may be, shall have the right to enforce any one or more of its legal reme- dies, either successively or concurrently, and such action shall not operate to stop or prevent the Lessor, or the Lessee, from pursuing any other remedy which it may have hereunder. Any repossession or retaking of the property, temporary or otherwise, pursuant to the terms hereof shall not operate to release the Lessee from any and all damages for which it may be liable as a result of said default or violation. In the event the Lessor cancels this Agreement, with Just cause and written notice to the Lessee, the obligations to the Lessee is limited to the return 1.o the Lessor of the assets of thn Leaser. Acknowledges, consents, and agrees that as Lessee, all rights in and to the property described therein, including Lessee's rights to possession of said property, are subordinate, junior and subject to the rights and claims of any mortgage holder of .a conditional sales contract., or secured party (hereinafter called SECURED PARTY) to repossess or recapture possession of said property. Lessor shall not be liable for failure to deliver the vehicles covered hereby, or failure to replace or repair such vehicles as required under this Agreement, when such failure is caused by fire, flood, strike, war, riot, Acts of God, or other reuses beyond Lessor's control. This Agreement may not be assigned, nor may the performances of it be delegated or subcontracted by the Lessee without the prior written con- sent of Lessor. However, the Lessor has the right to assign said Lease without notice to whomever the Lessor desires. This Agreement sets forth the entire and complets understanding of the Parties -.nrl there are no representations except as specifically herein set forth. No alteration, modification, or attempted waiver of this Agreement shall be valid unless set forth in writting and duly executed on behalf of the parties hereto. No waiver of any default of any kind or characterf: This Lease Agreement shall be binding upon the parties hereto, their successor and assigns. Time shall be of the essence of this Agreement. IN WITNESS WHEREOF, the parties have caused this Lease Agreement to be executed by their duly authorized officers, the date and year first above set forth. ATTEST: Village clerk PAPA; By_ Title .LAQF. OF N Title MAYOR H,J..FLORIAA