1994-026 Equipment Lease Agreement - Golf Club Cars1
RESOLUTION N0. e=gg
A RESOLUTION OF THE VILLAGE COUNCIL
OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING
THE MAYOR AND VILLAGE CLERK TO ENTER
INTO AN EQUIPMENT LEASE AGREEMENT
WITH ASSOCIATES LEASING, INC.
ATTACHED HERETO AS EXHIBIT "A" FOR
THE LEASE OF SIXTY (60) 1994 DS
ELECTRIC CLUB CAR GOLF CARS; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council of the Village of North Palm
Beach, Florida is desirous of entering into an Equipment Lease
Agreement with Associates Leasing, Inc. for the lease of sixty (60)
1994 DS electric club car golf cars.
BE IT RESOLVED BY THE VILLAGE COUNCIL'OF NORTH PALM BEACH,
FLORIDA:
Section 1. The Village Council of the Village of North Palm
Beach, Florida, does hereby approve the Equipment Lease Agreement
with Associates Leasing, Inc. for the lease of sixty (60) 1994 DS
electric club car golf cars which Agreement is attached as Exhibit
..A..
Section 2. The Mayor and Village Clerk are hereby authorized
' and directed to execute the Equipment Lease Agreement with
Associates Leasing, Inc. set forth in Exhibit "A" for and on behalf
' of the Village of North Palm Beach.
Section 3. This Resolution shall take effect immediately upon
its adoption.
PASSED AND ADOPTED THIS 74th DAY OF JU1V
1994.
('~ilJ:~gi~ ,Seal)
! R
raa
ILLAGE CLERK
1
DIR/MAINT/L10P0
ASSOCIATES LEASING, INC.
EWIPMEMT LEASE AGREEMENT
THIS AGREEMENT, made and entered into by end between Village of North Palw Beach, hereinafter celled the
°lessee~' and Associates Leasire, Inc, hereinafter called the "Lessor".
YITNESSETN:
For and In consi deretion of [he mutual promises and e9reemente, end the rent for herein, the lessor
hereby leases to Lessee eM the Lessee hereby lessee from Lessor the golf Dare eat forth in paragraph
3 hereof, hereinafter referred to es the "Equipment", upon the terms and conditions herein set forth.
The term of this lease shall coot roue for Forty-eight (68) Months, eo long as Lessee carries out the
terms end conditions of this lease on Lessee's pert to be kept end performed.
The Equipment is described as follows:
Ql1ANTITY DESCRIPTION SERIAL NLMBERS
Sixty (60> 1994 DS Electric Club Car Golf Cere with begwell protectors, sweater baskets, numbers,
campy tops, power rib tires, accu-chargers, rake holders, Bend bucket kits, and permanent towing;
LOGTION OF EWIPMENT
Address: 951 US Highway
City: North Palm Beach County: Palm Beach State: fL Zip: 33408
RENT: As rental for Equipment, Lessee agrees to pay to Lessor the aggregate of the followire sums es
follows:
54.065.00 upon Lessee's execution of this Lease, es the advance rental for the first month's
rent, then
54.065.00 per month for 47 consecutive months, eammeneire one month of ter delivery, as
evidenced by the epplieable Certlf leate of Delivery end attached Schedule A, if
delivery occurc on the first through the fifteenth of the month, or conmencin9 two
months after delivery of the Equipment if delivery occurc on the sixteenth through the
test day of the month; provided, however, that the test rental payment shell be
payable no later than the lest day of the term of the Lease.
Total Aggregate Rentals: 5195,120.00
All payments oust be received within ten (70) days of the due date by ASSOCIATES LEASING, INC.,
Galleria i Towers at Erieview, 1301 E. 9th Street, Cleveland, Ohio 141 7 4-1817, or et such other
location as Assocl etas Leasing, Inc. shall specify in writing from time to time, and shall not be
deemed to have been made until actually recel ved by lessor. Dellrxiuent installments of rental shall
bear fnterest at the lower of (a) eighteen percent (78X) per amun, or (b) the highest per emum
interest rate allowed by law. In the event this lease is placed 1n the hard of an attorney to recover
any navies due and to become due hereunder, or for the possession of the Equipment or otherwise to
enforce Lessors rights hereunder, Lessee shall pay Lessors reasonable expenses and attorneys' fees
in connection therewith.
5. (a) LESSEE SHALL, AT ITS SOLE COST AND EXPENSE, MAINTAIN AND KEEP IN EffECT VALID AND COLLECTIBLE
PUBLIC LIABILITY INSURANCE IN AN AMOUNT NOT LESS THAN f1,000,000.00 YHICH INSURANCE SHALL BE PRIMARY.
ALL SUCH INSURANCE SHALL PROTECT, AS TNE[R INTERESTS MAY APPEAR, THE LESSOR AND THE LESSEE, WITH THE
LESSOR MANED AS AN ADDITIONAL INSURED, AND LESSEE SHALL FIIRIIISN LESSOR YITN A CERTI FIGTE OF SAME UPON
REQUEST. ALL SUCH POLICIES PROVIDING SIICN INSURANCE SHALL PROVIDE THAT THE COVERAGE THEREUNDER NAY NOT
BE TERMINATED YITHOUT TNtRTY (30) DAYS PRIOR YRITTEN NOTICE TO LESSOR. '
(b) Lessee shall also, et its Bole expense, keep the Equipment fully insured for the full replacement
cost egai nst loss, theft, damage, fire, destruction or, vandalism with respond ble companies in a form
satisfactory to Lessor. All such Insurance by lessee chap name Lessor end any assignee of lessor as
an edditf oval Insured and shall provide that any loss shell be payable to lessor or its essi gnee.
Lessee shall furnish Lessor with a eertif lcate of came upon request. All such policies providing such
insurance shall provide that the coverage theretAxler may rat be terminated without thirty (30) days
prior written notice to Lessor. Lessee assumes the anti re risk of loss, damage or destruction of the
Equipment from any cause whatsoever.
Lessee has selected the Equipment end represents to Lessor that each item thereof is, in the opinion
of Lessee, of the design, size, fitness end capacity satisfactory for Lessees purposes, end Lessee
agrees that Equipment 1s suitable end fit for th! purpose intended.
LESSOR'S SOLE AND E%CLUSIVE WARRANTY TO LESSEE IS THAT THE EWIPMENT WILL BE IN NORMAL OPERATING ORDER
WHEN RECEIVED BY LESSEE.
IN THE EVENT OF A BREACH OF MANUFACTURER'S WARRANTY, LESSEE'S SOLE AND E%CLUSI VE REMEDY WILL BE THAT
MANUFACTURER SHALL MAKE ANY EQUIPMENT ADJUSTMENTS, REPAIRS OR PART REPLACEMENTS TO ANY EQUIPMENT WHEN
li DETERMINES THAT THE EWIPNENT DOES NOT CdIFORN TO THE ABOVE MENTIONED WARRANTY. IN NO EVENT WILL
LESSOR HAVE ANY OBLIGATION OR LIABILITY FOR DAMAGES, INCLlA 1NG BUT NOT LIMITED TO CONSEQUENTIAL
DAMAGES, ARISING OUT OF OR IN CONNECTION 41TN THE USE AND PERFORMANCE OF THE EQUIPMENT. NO OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLW ING ANY ALLEGED IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WILL APPLY IN ANY MANNER WHATSOEVER. LESSOR SHALL NOT BE LIABLE TO LESSEE
FOR ANY LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR NATURE CAUSED DIRECTLY OR INDIRECTLY BY ANY EQUIPMENT
LEASED HEREUNDER OR THE USE, OPERATION OR MAINTENANCE THEREOF, OR THE FAILURE OF OPERATION THEREOF, OR
THE ADJUSTMENTS, REPAIRS, OR PART REPLACEMENTS, OR BY ANY DELAY OR FAILURE TO PROVIDE ANY THEREOF, OR
BY ANY INTERRUPTION OF SERVICE OR LOSS OF USE THEREOF, OR FOR ANY LOSS OF BUSINESS OR DAMAGE WHATSOEVER
OR HOWEVER CAUSED. NO ALLEGED DEFECT OR UNFITNESS OF THE EQUIPMENT SHALL RELIEVE LESSEE OF THE
OBLIGATION TO PAY RENT OR OF ANY OTHER OBLIGATION OF LESSEE TO LESSOR UNDER THIS LEASE.
TITLE OF LESSOR: Title [o Equipment shall at all times remain in Lessor and Lessee will protect and
defend, et its own cost end expense the title of Lessor from and against ell claims, liens end legal
processes of creditors of Lessee and keep all equipment free and clear from ell such claims, liens and
processes. Lessee shell glue Lessor inmediate notice of any attachment or other judicial process
affecting equipment. Equipment is end shall remain personal property irrespective of its use or manner
of attachment to realty. Upon the expiration or termination of this lease, equipment shall be returned
unencumbered to lessor et its nearest branch office of dealer at Lessee's expense. Lessee will not
change or remove any i~ignie or Lettering on equipment indicating Lessor's ownership.
The Equipment shall not be removed from the address of the location of Equipment as provided in
paragraph 3 hereof without lessor's prior written consent except for ran-routine mei ntenance end
necessary major repairs pursuant to a golf ear mai ntenaroe agreement between Lessee and Club Car, Inc.
Lessor may, for the purpose of inspection, at all reasonable times enter upon any job,bul lding or
piece where Equipment is located. Lessor shall give Lessee twenty-four (24) hours rats ee of its
intentions to make an inspection of the Equipment.
Lessee agrees to safely store the Equipment order roof or tarp when rat in use end to properly secure
the same at night and such other times when the golf course(s) on which the Equipment is used is closed
to play, and Lessee agrees to be solely responsible for such etorege end safekeeping. If the Equipment
is electrical, Lessee agrees that such etorege shall include sufficient and adequate electrical
charging outlets and watering facilities for the batteries which ere a pert of the Equipment. Lessee
further agrees to be solely responsible for the cost of ell electrfcfty, fuel, and routine maintenance
for or to the Equipment. The Equipment shell be used aM operated only as golf care on the golf
course(s) at the address specified in paragraph 3 hereof in careful mamer and fn eompl Lance with all
applicable laws. The Equipment shell rat be used or operated 1n manner subjecting it to depreciation
above the normal depreei ation associated with the use speeif Ted above. Lessee shell be solely
responsible for damage to the Equipment from any accident, vandalism, user abuse, collision, fire or
act of God.
10. Lessee shell irdennify end save Lessor, its agents, servants and enployees, harmless from any and ell
claims, anti ons, proceedings, damages, liebi ll ties, judgments, orders, decrees, euards, costs,
expenses, attorneys' fees, end claims on account of damage to property or injuries to person (including
death) which may be sustained by Lessee, its egente, eervente, employees, licensees, Invitees,
operators, users, individual lessees, or any other person arising out of or in correction with the
lease, maintenance, opereti on, possession or use of the Equipment, except that Lessee shell have rw
liability to lessor for damages or costa incident thereto caused by the sole negligence of Lessor.
11. ASSIGNMENT: This lease and ell rf Bhts of Lessor hereunder, including ell monies and claims for navies
due end to become due to Lessor hereunder, shall be fully assignable at any time by Lessor without the
consent of Lessee. Upon written mtlee from either lessor or its assignee to Lessee of any assignment,
Assignee chaff thereafter be entitled to alt rights end remedies herein conferred on Lessor, tncludi ng
the rights of Lessor upon the default of Lessee; but Lesaor wilt not thereby become such assignee's
agent. Lessee Nill settle ell disputes and claims (including lwt not limited to disputes and claims
relating to warranty, maintenance eM proper usage) against Lessor directly with Lessor, Lessor hereby
agreeing to remain responsible therefor; end Lessee will rat refuse to pay, or set up any claim or
defense whatever against any assignee of Lessor based on erry disputes or alai ms with Lessor. Without
the prior written consent of Lessor, which may be withheld under any circumstances, Lessee shall not
directly or indirectly, by operation of law or otherwi ee, sell, assign, sublease or otherwise transfer
the Equipment, this lease or ell of arty pert of Lessee's interest hereunder.
12. iA%ES AND ASSESSMENT: Lessee shall be liable for end shall pay promptly Nhen due, to whomever payable
(or reimburse Lessor for), all taxes, assessments end goverrmentel fees end charges whetscever,
including but not limited to any sales, use, personal property, privilege, excise, license and gross
receipts taxes end filing and recording fees, in correct ions with Equipment of this Lease, excluding
only franchise taxes and taxes measured by lessoNS income. Lessee shall irdennlfy and hold Lessor
harmless against end from any loss or cost arising from non-payment of such taxes, assessments or
governmental fees end charges, whether such loss or cost {e levied against Lessee or Lessor. where
personal property taxes are rat billed on a unit basis by the respective governmental authority, Lessor
shall determine the appropriate tax liabilities ettrlbuted to the Equipment on a reasonable basis. If
Lessee faf is to pay promptly when due any such taxes, assessments or poverrvnentel fees or charges,
Lessor may, in its di aeration, pay any such amount; and Lessee agrees to reimburse Lessor inediately
upon demand. for any such payments made by lessor with interest thereon at the maximum rate legally
chargeable until paid. Lessee agrees to collect and remit any end ell sales, use and other taxes
payable in any state, county, or city where Lessor~e Equipment is located, used and operated by Lessee.
73. Lessee agrees, at its sole cost end expense, to employ a mechanic to provide for routine maintenance
of the Equipment including, but not limited to, keeping the Equipment clean and orderly, changing flat
tires, charging and watering the batteries, fuel, and other routine maintenance procedures recommended
by Club Car, Ina. Club Car, Ina. agrees that its sole cost end expense, to furnl sh a periodic
intervals a mechanic for performance of ran routine maintenance procedures end mayor repairs not
resulting from accident, vandalism, user abuse, collisions, fire or act of God order the terms and
conditions of the Maintenance Adderdun dated end attached
hereto.
14. Lessor retains the right, without Judicial process, to withdraw the Equipment covered by this lease
agreement for non-payment of the rent provided for in paragraph 4 hereof or for user abuse beyond
ordinary and reasonable wear and tear. Lessee acknowledges that Club Car, Inc. may from time to time
withdraw certain (tens of the Equipment for maintenance order this agreement, but Club Car, Inc. will
endeavor to furnish a like replacement of some if any of the Equipment will be out of service for any
extended per{od of time.
75. lessee agrees during the life of this lease, at its own cost and experee, to maintain Equipment in the
condition it is race( ved by Lessee, make all necessary repairs, end to return Equlpn~ent to Lessor at
the end of this lease in the same condition es received, reasonable wear and tear excepted. Lessee
shall reimburse Lessor for any loss due to damage to or destruction of Equipment from any cause
whatsoever. Lessee shall cause Equipment to be operated only for Its use and by coopetent operators
and shall pay all expenses of operation. If Lessee does rat return the Equipment as provided for
herein, Lessor may repossess the same at any time without demand or notice and wherever same may be
located end without any court order or other process of law, and may enter upon the premises of lessee
for that purpose. In such event, Lessor shell hold the Equipment so repossessed free aM clear of this
lease end any rights of Lessee hereunder.
16. This lease end the interpretation thereof shall be construed in accordance with the taus of the State
of Ohio.
17. DEFAULT: Time shall be of the essence in Lesseers performance under this Lease. Lessee shall be in
default order this Lease if (a) Lessee fails to pay any amolxlts due hereunder promptly when due, (b)
lessee fails to perform promptly any of its other obligations hereurxler, (c> any proceeding is
instituted by or against Lessee or its property under any etete or federal tau dealing with bankruptcy,
insolvency, receivership or other relief of debtors, (d) Lessee makes an arrangement, extension or
asst grtnent for the benefit of creditors, (e) Lessee becomes insolvent, (f) Lessee dissolves or
otherwise ceases to exist, or liquidates all or substantially ell of its assets, (g) if it is
discovered that any representation, or other information made or furnished by Lessee was false or
misleading when made or furnished, (h) if any Equipment is (in Lessors judgement) eubstanti ally
destroyed, stolen or otherwise lost, or (i) Lessee ettenpts to remove, sell, enclmber or sublet any
Equipment or assign, or otherwise dispose of any of Lessee~e rights hereunder. Upon any such default,
Lessor shall be entitled to exercise the riphte and remedies described in Paragraph 18 hereof. If, at
any time when rentals are due hereunder, lessee chaff have paid rentals due for certain items of
Equipment or other property leased to Lessee from time to time but shall not have paid in full rentals
due for other such items end property, the aggregate rentals paid shall be apportioned ~r9 ell items
and other property for which rentals are then due, end Lessee shall be deemed to be in default in the
payment of rentals with respect to all such items end other property.
18. REMEDIES AND wA1VERS: Upon any default by Lessee order any provision hereof, Lessor may retain all
prior rental payments as compensation for Lessee~e use of Equipment, exercise any rights end remedies
provided in this Lease and/or by few end, at Lessor~e option: (e) by notice to Lessee, demand payment
of ell amounts then due, whereupon all such amounts shall become immediately due and payable with e
late charge equal to 5X thereof end interest et the maximum legal rate without prejudice to any other
rights of Lessor hereunder, and/or (b) by entice to Lessee, demand payment of ell amounts due and to
become due from Lessee, whereupon ell such amounts shall become immediately due end payable ui th
interest at the maximum legal rate end without demand, prior hearing or legal process, enter any
premises where Equipment may be found and repossess the same, whereupon ell further rights and interest
of Lessee fn Equipment and under this Lease shall terminate and Lessor may C1> sell Equipment, without
ratite to Lessee where permitted by few, et public or private sale et which Lessor may be the
purchaser, (ii> natal or otherwise dispose of Equipment or (iii) retain Equipment in eat isfacti on of
Lessee's remaining obligations hereunder. If Lessor shall sell, relet or otherwise dispose of
Equipment, Lessor shall credit upon all amounts then declared to be due the proceeds of such sale,
reletting or other disposition and any insurance proceeds received by Lessor for damage, destruction,
theft or other loss of Equipment, less (1) the amount of the purchase option price, if any, hereinabove
provided or the projected value of Equipment at the end of the term, as determined by Lessor, (2) the
expenses of repossessing, repairing and selling, reletting or otherwise disposing of Equipment and (3)
reasonable attorney fees (where permitted by law). Any surplus shall be paid to Lessee and/or such
persons, if any, who may be entitled by law to receive such surplus prior to Lessee. Lessee shall
remain liable for any deficiency with interest at the maximum legal rate. If any Equipment, in
violation of this Lease, is sold, encumbered, sublet, attached, stolen, concealed or removed from those
premises specified above, Lessor or any assignee of Lessor shall have a security interest in alt other
personal property then owned by Lessee (including inventory, accounts, equipment, furniture, fixtures
and vehicles) to secure the performance of Lessee's remaining obligations hereunder, which security
interest will attach, without notice to Lessee, upon the first such event to occur. No failure of
Lessor to exercise, or delay in exercising, any right or remedy available to Lessor shall operate as
a waiver thereof, and no single or partial exercise of any such right or remedy shall preclude any
other or further exercise of the same of any other right or remedy. No waiver by Lessor of any such
right or remedy in connection with any default by Lessee shall operate as a waiver of the same or any
other such right or remedy in connection with any other further default.
19. NOTICES: All notices relating hereto shall be delivered in person to an officer of the Lessor or
Lessee or shall be mailed registered to Lessor or Lessee at its respective address shown below or at
such other address furnished to the sender by the other party. No remedy of Lessor or Lessee hereunder
shall be exclusive of any other remedy herein or by law provided, but each shall be cumulative and in
addition to every other remedy. Failure on the part of Lessor or Lessee to exercise any remedy
hereunder shall not be a waiver of any default and a waiver of a default shall not be a waiver of any
other or a subsequent default.
20. TERMINATION FOR NON-APPROPRIATION: It is the Lessee's intention to make all Lease payments as required
under this Equipment Lease Agreement. The Lessee represents that the equipment and its use is
essential to the performance of a necessary governmental function of the municipality. However, if the
Lessee does not appropriate funds for any fiscal year of Lessee during the term hereof sufficient to
pay the amounts due hereunder in such fiscal year and Lessee has exhausted all funds appropriated for
payments due under this Lease, Lessee may, by written notice given to Lessor no less than 30 days after
adoption of the budget for such fiscal year, terminate this Lease with respect to payments due beyond
the end of the then current fiscal year. Upon such termination, Lessee shall return the Equipment to
Lessor in accordance with section 7 hereof and pay all rents and other payments due to Lessor, to the
extent of funds appropriated therefor. Lessee agrees not to thereafter purchase, lease or rent
Equipment performing functions similar to those performed by the Equipment, and agrees not to permit
functions similar to those performed through the use of the Equipment to be performed by any agency or
entity hired by Lessee during the originally scheduled term of this lease.
21. ENTIRE AGREEMENT: Lessor has not made any representations of any kind, nature or description except
as are in this lease specifically set forth and this lease contains all the terms and agreements
entered into between the parties. Lessor is irrevocably authorized to insert herein serial numbers and
any further description of Equipment and the date of this lease.
IN WITNESS WHEREOF, Lessee and Lessor have executed this Agreement this 1 4th day of
July 19 94
Lessee
Village of North Palm Beach
US Highway 1
~~~~-v~ , North P Beac 9
~~~ By: ~\
~ Title: ~
Lessor
Associates Leasing, Inc_
1301 East Ninth Street
ClevelpGd, Oh io 44114-18171
~ ~ i
y: -
Title: +~- `~s^ ~;~`~ ~`~~-'-;~ .
1~ 1
Federal ID# ~~
y
Lessee's remaining obligations hereunder. If Lessor shall sell, relet or otherwise dispose of
Equipment, Lessor shall credit upon all amounts then declared to be due the proceeds of such sale,
reletti ng or other disposition end any insurance proceeds received M' Lessor for damage, destruction,
theft or other loss of Equipment, less (1) the amount of the purchase option price, if any, hereinabeve
provided or the projected value of Equipment et the end of the term, es determined by Lessor, (2) the
expenses of repossessing, repairing end selling, reletting or otherwise dieposl ng of Equipment and (3)
reasonable attorney fees (where permitted by law). Any surplus shell be paid to Lessee and/or such
persons, If any, who may be entitled by tau to receive such surplus prior to Lessee. Lessee shall
remain liable for any deficiency with Interest et the amxlmun legal rate. If any Equipment, in
violation of this Lease, Is sold, encumbered, sublet, attached, stolen, Concealed or removed from those
premises specified above, Lessor or any esslBnee of Lessor shell have a security Interest in all other
personal property then owned by Lessee (including inventory, accounts, equipment, furniture, fixtures
and vehicles) to Becure the performance of Lessee's names ning obligations hereunder, which security
interest will attach, without notice to Lessee, upon the firer such event to occur. No failure of
lessor to exercise, or delay in exercising, any right or remedy available to Lessor shalt operate as
a waiver thereof, and ra single or partial exercise of any such right or remedy shalt preclude any
other or further exercise of the same of arty other right or remedy. No waiver by Lessor of any such
right Or remedy in comection with any default by lessee shall operate es a waiver of the same or any
other such right or remedy in connection with any other further default.
19. NOTICES: All notices relating hereto shall be delivered in person to an officer of the Lessor or
lessee or shall be mailed registered to Lessor or Lessee at its respective address shown below or at
such other address furnished to the sender by the other party. No remedy of Lessor or Lessee hereunder
shall be exclusive of any other remedy herein or by law provl dad, but each shall be cumulative and in
addition to every other remedy. Failure on the part of Lessor or Lessee to exercise any remedy
hereunder shall not be a waiver of any default end a Naiver of a default shall rat be a waiver of any
other or a subsequent default.
20. TERMINATION FOR NDN-APPRGPRIATION: It is the Lessee's intentf on to make all Lease payments as required
under this Equipment Lease Agreement. The Lessee represents that the equipment end its use is
essential to the performance of a necessary goverrnx:ntal function of the munleipality. However, if the
Lessee does not appropriate fads for any fiscal year of Lessee during the term hereof sufficient to
pay the amounts due hereunder in such fiscal year end Lessee has exhausted all funds appropriated for
payments due under this Lease, Lessee may, by written notice given to Lessor no less than 30 days after
adoption of the budget for such fiscal year, terminate chic Lease Nith respect to payments due beyond
the end of the then current fiscal year. Upon such terml nation, Lessee shall return the Equipment to
Lessor in accordance with section 7 hereof end pay ell rents and other payments due to Lessor, to the
extent of funds appropriated therefor. Lessee agrees rat to thereafter purchase, lease or rent
Equipment performing functions si mi ler to those performed by the Equipment, and agrees not to permit
functions similar to those performed through the use of the Equipment to be performed by any agency or
entity hired by Lessee during the originally scheduled term of this lease.
21. ENTIRE AGREEMENT: Lessor has not made any representations of any kind, nature or description except
as are in this lease specifically set forth and this lease contains all the terms aid agreements
entered into between the parties. Lessor ie irrevocably authors xed to insert herein serial nunbers end
any further description of Equipment and the date of this lease.
IN WITNESS YNEREOF, Lessee and Lessor have executed this Agreement this
19
~r~~r.
Lessee
Village of Month P Beach
US Ni ghway 1
North Pel each F 4
By:
Title:
Federal IDN
Lessor
Assoclatee Leasing, Iric.
1301 East Ninth Street
Cleveland, Ohio 44114-1817
By:
Title:
of
~0. W.IP R.
' IiMMI\ Wt1\NI
Nff1 \ll~f„f
NOTE: This is a two-pan form. Send bbth parts to the Depanment of State for filing. If a Dopy of Ihis form is needed prior to filing, make photocopies for your records.
_ _ _ _ _ _ _ _IMPORTANT_ Read instructions on back before filling out form. _ _ _ _ _ _ _ _
STATE OF FLORIDA
UNIFORM COMMERCIAL CODE FINANCING STATEMENT FORM UCC-1 (REV. 1993)
This Finandrg Statement is presented b a filirq officer for filing pursuant b the Unkorm Commerdal Code'
Debtor (Lest ame first tan In iv ua - a. ale o rt or
Village of_North Palm Beach _ _
Mallirig AAddress 1c. fete - 1 p e
951 US Highway 1 North Palm Beach, FL 33408
Additional De for or rade ame sl ame rst an v ua a. ate o rt or
Mallirig Address c. ty, fate Ip
Secured PartyZLasti~lameFlrs~(fan Ivdua
Associates
Leasing, Inc.
_
h1alllrig Atldiess y, to p
1301 East Ninth Street Cleveland, OH 44114-1817
Assighee of SewredT'artyTlast ame F~f Irst If en Indiv ua )
- -
-
fAalling Address fete c. ip ode
-
This Finsncing $tatemenl covers the following typos or tams or property u e scr pt on oTrea pro-f pe ony gny n wfiTcfiTocated end owner of record wberi
required. If more space is required, attach additional sheet(s)].
SEE ATTACHMENT A
Check only If Applicable: ^ Products of collateral are also covered. ~ Proceeds of collateral era also covered. ~ Debtor is transmitting utility.
Check appropriate boz: ®All documentary stamp fazes due and payable or to become due and payable pursuant to e. 201.22 F.S., have been paid.
(One boz must be marked) 0 Florida Documentary Stamp Tex Is not required.
In accordance with s. 679.402(2), F.S., this statement Is Illed without the Debtor's elgnature 9 Number of additional cheers presented: 1
to perfect a security Interest In cellateral:
already sub)ect to a security Interest in another lurisdictlon when h was brought Into this
' Thls Space for Use of Filing Officer
slate or debtor
s location changed to this state.
which is proceeds of the original collateral described above In which a security Interest was
perfected.
es to which the filing has lapsed. Date Illed end previous
UCC-1 file number '
acquired alter a change of name, Identity, or corporate structure of the debtor.
Sign lure(s) of Detilor(
~~~ ~ ~~ I
i
Villa a North aim Beach
___
SlgnatuFe~) of red arty or i signed, y Ass gne s
Associate
Le
asing,
Inc.
s
_
___ __ _ _
_
_
_
pelum Copy to:
ne ~ Associates Leasing, Inc. 1
cress 1301 East Ninth Street
Cl evel anrt_ Ohin 64114-1 R17
INSTRUCTIONS
1. Please type this form using black typewriter ribbon.
2. If the space provided for any item is inadequate, please use additional 81/2" x 11"sheets. Be sure to indicate the total
number of attached pages in Block 9. There is an additional fee for attached pages.
3. Processing fees are set by the Florida Legislature, are non-refundable and are subject to change. To verify processing
fees contact the Department of State, UCC Filing Section at (904) 487-6055. Make checks payable to the Department
of State.
4. Send the two-part form to the Department of State at the following address:
1ST CLASS MAIL: OVERNIGHT COURIER SERVICE:
Florida Department of State Florida Department of State.
UCC Filing Section UCC Filing Section~~ ~• "';•
P. 0. Box 5588 409 E. Gaines Street
Tallahassee, FL 32314 .Tallahassee, FL 32399 •~
5. All tees submitted for filing UCC documents are processing fees and are. non-refYndable.ip accordance,with 5.15.091,
F.S. ~ ~ .. .. ..
6. The acknowledgment copy will be stamped with the date, time, and place of filing and show the file number assigned
to the UCC-1 document. It will be returned to the address indicated in Block 12. A-self addressed envelope may be sent
for the return of the acknowledgment copy.
Blocks 1-2: Enter Debtor business or personal name, mailing address, city; state and zip code in blocks 1 and 2. This
Financing Statement will be indexed in the official record according to the name(s) listed in the debtor name
Block(s). Do not enter more than one name per line. Include date of birth or FE I number in the appropriate space.
Disclosure of date of birth or FEI number is optional for filing of this statement. Itwill be used to identify individuals
with thesame or similar names.
Block 3: Enter Secured Party business or personal name, mailing address, city, state, and zip code in Block 3. If Secured
Party assigns its interest to an assignee, enter assignee name and address in block 4.
Block 4: If assignment is made at the time of filing the Financing Statement, enter assignee name and address in block
4. This party becomes the current secured party of record.
Block 5: Enter a description of collateral by indicating the types or by describing the items covered: If additional space
is needed attach 81 /2" x 11" sheet(s). There is an additional charge for attached pages. -
Block 6: If products or proceeds of collateral are the covered, check the appropriate box. If the Debtor is a transmitting
utility check the appropriate box. A Financing Statement for a transmitting. utility does not expire until a
termination is filed... -
Block 7: Indicate by checking off the appropriate box, if Florida Documentary Stamp-Tax is required and has been paid
or is not required. One of the boxes must be checked off. For information regarding Documentary Stamp Tax .
contact the Florida Department of Revenue`at 1-800-352-3671.
Block 8: AUCC-1 Financing StatementissufficientwhenitissignedbylheSecuredPartyalonelfitisfiledinaccordance
with one of the statements in Block 8. If the collateral was originally filed on a Financing Statement which h'as
lapsed, enter the original UCC-1 file number and date filed in the space provided.
Block 9: Enter the number of additional pages attached to the UCC-1 form. If Secured Party wants a copy of the attached
page(s) returned with the acknowledgment copy, a duplicate set of attachments must be submitted and marked
„copy ..
Block 10: Enter Debtor's signature(s) in space provided. Each Debtor listed on the Financing Statement must sign the
UCC-1 form. Signature(s) must be original and in ink. '
Block 11: If one of the statements in Block 8 is checked off, enter the Secured Party signature(s) in the space provided.
Otherwise, signature of the Secured Party is optiorial. Signature(s) must be original and in ink.
>.
Block 12: Enter the name and complete address of the party to whom the filed aclcriowledgment copy is to be returned.
NOTE: If using this form to file with a Florida County Clerk's office,
check with the appropriate office for fee and filing Information.
To n McCreary Corporation
(In urance Ageot)
700 Central, Parkway
Stuart, FL 34994
~y) (State) (ZIP)
407/287-7650
Qfelephone)
(Fax)
Gentlemen:
Date
We have entered into an Equipment Lease Agreement ('Lease") with ASSOCIATES LEASING, INC., VENDOR
FINANCE DIVISION ("ALI"), 1301 East 9th Street, Cleveland, Ohio 44114-1817 whereby ALI has an interest
in the following described property:
Sixty (60) 1994 DS Electric Club Car Golf Cars
NorthSPalmhBeach, FL 33408 S, 195,120.00
(Location of Property) (Value)
Under the terms of the Lease we are required to insure the property against all risks and obtain General Liability
Coverage in the minimum amount of 51,000,000. Please place the necessary coverage and provide ALI with a copy
of the complete Policy or a Certificate of Insurance showing the following information:
Name of Insured Policy Number
Name of Insurance Agent Descriptioa of Property Insured
Name of Insurance Company Description of Limits of Coverage
Effective Date of Coverage Any Exclusions and Special Conditions of Coverage
Expiration Date of Coverage
In addition to the above Policy or Certificate, please execute and send to ALI a standard Long Form Loss Payable
Endorsement and a copy of as Endorsement naming ALI as Additional Insured and Loss Pavee for the Coverage.
Sincerely,
Village of North Palm
(1-essee
By
951 US wav 1
(Address)
North Palm Beach. FL 33408
625072 rev 6-93 (PLPD) (City, State, Zip)
ATTACHMENT A
VILLAGE OF NORTH PALM BEACH
LESSEE
ASSOCIATES LEASING, INC.
LESSOR
sixty (60) 1994 D8 Eleatrio Club Car Qolf Cara with bagwell
proteotors, sweater baskets, numbers, canopy tops, power rib tires,
accu-chargers, rake holders, sand bucket kits, and permanent
towing;
together with all future attachments, accessories, replacement
parts, additions, and all chattel paper, documents, general
intangibles, instruments, accounts, contract rights and leases now
existing or hereafter arising with respect to the above collateral,
and all rental payments, and other income relating thereto or
arising therefrom, and all cash and non-cash proceeds thereof.
Lessee: Village of North Palm Beaoh
Fed ID # / ~ y -6Q17484
BY:
TITLE: Mayor
.i .'' ~
r '! ~ ~ 1 'G ~ ~ ~ '~~
,~~',a x ,
y SN
' .`:CUSTOM
`'ADDREE
,,,
t;;,
,;:
,:
.~~ ~~, ;;
'S p.~fi i`i~.
~ i si .!N'*~ rv hW 't
L CLUBCAR;INC("CLUBC
_ to maintain; as provided 6
("CUSTOMER"); The EQU
that EQUIPMENT.is cover;
.a!,
2. CLUBCARand%oritsconti
perform non-routine main
right; to remove affecte2
maintenance-and repairs;
CUSTOMER as expeditioV
fashion
w
3. CUSTOMER agree$ to pe
performed by ,CLUB. CAF
CUSTOMER agrees at its ~
maintenance onxhe EQUI
and Malntenarice and
CUSTOMER agrees that'
nealiaence in the prevent
EQU
4. CLUI
MAINTENE
A s';'
;:
i.
E
,1
,r
~'
MAINTI
A:, > ; P
`in a,
id shall have the .; .
o' provide such
o be returned to
od workmanlike; .;>
r!;'
'ied below to be
nanlike fashion:'.
and preventative, ; ' .
)wner's Manuals
ie EQUIPMENT.: '
EQUIPMENT or,.'
vith CLUB CAR'S'~':~' -'
ale for proyldmg ; ; :.
''` ~' • + t ,~ Greasin ofy r n~ s -u^'~°
, , . w , >xy~~~s~~: Repairs io`and/or repla en t a ssg by ~8hd,, ~ •z,~;,a
H,~~ ~
;' ~, `"~ l Selvicb on a ~s~sisE~mati~+a~yn} tirr,~e s~ag`~~`ed=, d tfi part es r= ~ ` `
s i t-. w.:e w M1~ + f k° l'y'xJw~}' r 4 ~,..! E ~ k.,
{-~ ."rS {i ff qY'' ! t .fir yyyry{yy4 )
' ` "~° ~If electnbal powered CQUIP E T ~ " ~
a ~ e, i T;}i.~ e
z ~ + v~rt r , acs' ~ ~° i '.+.a ~'
z~i• rc ~ A ^f te'!
,~
r` ° ~~yRepairslo c~iarger r e'. ~ ,, z
' ~ r A ~. '~~ ReplaCe~iB~f bf ~ e ie~ ~ • ' ~ p ~ ~ ~'~ ~ ~ ~~ ~~
'' u~ ~~Repairstoahd/or~repla e`~h8ii o~ of , r rR ~~~~~'
c e~ j?"~,, ~' ; ~~~:I~gasoline" •owe d Q; P N ~,~~rF~ w
'1 , f ~~i v*~t~X ~rvry' e ~.fi >f ,
r dY a\'-~ Li
' ~ "., ,, , Repairs to and/o .rep ce a ~o , ,~ r) r _ F t, _,
• ~ + ~; Repairs toand/or;r=eplacemept 0 iu ~ ys e _ ^3'f ~.~~ r~, n ~~ ~ , ,
+ p ~fa" cS V'Cx $ " a k ~ e
'} + =~tRepairsto~nd/orreplacem$'ntAt~ ,.~eE~rs ~, ~~k„p _
-Replacement of 6iijtene~, ~: ~ ., :;~~ ~ ~ ~ , r ~,, i~-~,, a. '
~~`Replacementoffilters~and~ ,~~ ~;,,~ "_,
`Repairs 4o and/or replacemeht of rarl?;m ssi n3 ~a „~~ s . d'°` r~~
', a v ~~4 ,.gd ig ,x kJ pY ,K }~
5. ~ CUSTOMER agrees to report to CLUB CAR and/or it~on rabtor and malfu .ion of,EQUIPMENT; identifying
sepal numbers and nature of complaints CUSTOMER also agrees to report°anjr damage, accidents, wrecks or
vandalism to CLUB CAR and/or its contractor within ~enty four (24j hours~of.discovery.'L ,
_ r'~~ t
4 `, e T ~ ~ + 6 +. wr~f~~~§~{ 5'+r{~°Q°'~e s 2,~ fi 'fl ~a kf
6. This Agreement shall terminate upon,fhe expiration of 'fte hu~mbbero~ montF~s;ated in Paragraph 1 hereof.
~ ~ fi >
7. SPECIAL STIPULATIONS service once a weekmi imTf~~`orswi'thl=n ~ ours of notification,
" ` '~ 3da e.~-~ Batteries' tb Pe`re laced~ad5re fired to-hdndle play
> yy~r P .,r . ., k~~sk ..~a y.~y ~s~ . c ,..4.
t`: s a fxr,~7~.~~,°v . ha,e .y'.!, n e° ~f after
.. ~ ~ let Yfi }~.,~
l ty~p0.~v + '~. ~ a4';~i •y 4 T , I~l~`P i ]' )t:i
tv r , ~ ,fir '' r k ,~,
8 This Agreement may be terminated by C~~~S at i = _ .{ia CUS70M~R <,~.~,~ 'ti
~ ~ ~
y.~a~ 4Hyyy."
, u ~ , ! J YF t ,f 4 ~1 ~ ~]!~~'~ N ~ } r h}` `K=!i a_ rit ~•k ~ „ 'F R2g}4~~J~ -t
9 ,'~;<This Agreement shall be construe}d, in acco da c ~w la, t of eergi~a~~~ tt }o r} v
n Ff?° , S H 4 k ti,.., a6Y e/ 't ~1~ ~' i~y4W ek
,.Dated a~ Augusta, Georgia this ~ ;~ day o~~ °' -¢ 9 ,~ r~Yt `~ ~,, ; r,
° < i*~ 4y~' ~ ~°y'~ is Y't~lT P 4 °tiq, 'Fr ~y~ ~~_.4~~"e` v 3t Y l~ r
G~USTOMER ~ ' VILLA68 OF NORTH fP ${', x +~yp ~ ~ `~
` ~ } q f 1}
s # f n ~ r ~v r , +~~~ S'I ~! ~` 4 y'~ L 1 R =s i Y
...! r g , , M 177 ~, rF .k v~ s. k e
't
*.~ .7 ~~~ D°a a s ~° r ~~~ )~°~ d (vim
AS ItS i " ~""'+, ~ +~S 11S s r s
Ke jjx~~{'A t 'm`.nq ' f~$y tjr~K~`~~ ~1 ~ x' } i t a 1~er+~>
i Y,Y 'S~] ~IY+/ ~ I+?MV 4 yyl' I'! +Y) ~ y/ ~~~ 3 t\~~'1 l 1
5 / f 1y"^ y{y{y{
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, . + t
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~ '1c<J1 } 2 ~ .cC..~ ~~K~ y'i ~ f'ChQ~7'r7j ij~ ~ •~j'•;{,7~'~i15V{",'~iG~+i. .
, ,. ~ wr tr ,i ~~~th t~ 1i `•f ' m ,Y ~s9 ~~' -
` '~~~~{r'epaired o~`~placedjha ~ ~ oh ~ec~uct;~from ,the
+ r,* ~1 h 1'~.;daily rental
~s~"~ mdittenan~eh~ym9ht?her~und~r ~s44~#''
' ,~' ay ` ` r6t%~ fo; ~}i~~affe~ited"todi~ 4 ~i :: `~"i~e . o~r~h iplaoed
y^' ,,~~~~yy ~ i{, J,Y
~e~~h~~~~y~~yl Y ~'t5 ...,ib §~ ae . !d ~~ e
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' 7010008/911001 t ,::. s t^4.k ' ~, ~ r'y `a a `rr x t, \~ xg, s