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HomeMy WebLinkAboutCAG2022-046 - Original - Pacific Golf & Turf, LLC - Riverbend Golf Cart Use and Lease Agreement - 01/25/2022CAG2022-046 1/26/22 1/26/22 ______________ Pacific Golf & Turf, LLC KENT WISHINGTON GOLF CART USE AGREEMENT between the City of Kent and Pacific Golf & Turf, LLC THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and Pacific Golf & Turf, LLC organized under the laws of the State of Washington, located and doing business at 1818 Bickford Avenue, Snohomish, WA 98290 (hereinafter the "Vendor"). AGREEMENT I. DESCRIPTION OF WORK. The Vendor shall provide the following goods and materials and/or perform the following services for the City: Provide the City with the following equipment for the City's use throughout the terms of concurrent financing lease agreements the City entered into with The Huntington National Bank and TCF National Bank (collectively, "the Banks") contemporaneously with this Agreement between the City and Vendor: • Thirty-six (36) 2022 E-Z-GO RXV Elite lithium battery -powered golf carts, together with all attachments and accessories thereto; • Two (2) 2022 E-Z-GO RXV gas -powered marshal golf carts; • Thirty-six (36) 2022 E-Z-GO RXV gas -powered golf carts, together with all attachments and accessories thereto; • Two (2) 2022 Cushman Hauler 120OG EFI utility carts; and • One (1) 2022 Cushman Hauler 120OG EFI range picker cart. in accordance with the specifications attached and incorporated as Exhibit A. The Vendor acknowledges and understands that it is not the City's exclusive provider of these goods, materials, or services and that the City maintains its unqualified right to obtain these goods, materials, and services through other sources. II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall deliver the equipment listed in Section I of this Agreement at a location and on a date and time mutually acceptable to the City and the Vendor. This Agreement shall remain in effect until the contemporaneous lease agreements with The Huntington National Bank and TCF National Bank (collectively, "the Banks") terminate, the Vendor has picked up the equipment from the City's facilities, and the Vendor has otherwise performed all other obligations under this Agreement, whichever event occurs last. Once the financing lease agreements with the Banks terminate, Vendor will take back possession of the equipment identified in Section I. Vendor shall coordinate with the City the Vendor's pick-up of the equipment at the City's facilities on a date and at a time mutually agreeable to the City and Vendor. III. COMPENSATION. In exchange for the City's use of the equipment described in Section I and Vendor's performance in accordance with the terms of this Agreement, the Vendor shall receive GOLF CART USE AGREEMENT - 1 $333,278, which shall be paid to Vendor by the Banks under separate terms negotiated by Vendor and the Banks. In turn, the City shall pay the Banks this amount in accordance with the terms and conditions of finance lease agreements the City has separately entered into with the Banks. Vendor shall remain responsible for paying any personal property tax or sales tax that may be due under Washington law. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor - Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Vendor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Vendor maintains and pays for its own place of business from which the Vendor's services under this Agreement will be performed. C. The Vendor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Vendor's services, or the Vendor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. D. The Vendor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. E. The Vendor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Vendor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. This Agreement may only be terminated in accordance with the terms of the contemporaneous financing lease agreements entered into between the City and the Banks. VI. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. GOLF CART USE AGREEMENT - 2 If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. VIII. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work provided under this Agreement in accordance with the provisions of this Agreement. Vendor shall take all actions necessary to ensure that the "Limited Warranty Terms and Conditions" for the equipment, attached and incorporated as Exhibit B, shall pass through to the City. Vendor is responsible for providing all parts and labor associated with equipment problems that arise that are covered under the warranties provided for by this section. The City, however, will be responsible for conducting routine maintenance and general upkeep of the equipment, which includes the costs associated with replacement parts and labor not covered under the specific warranty terms. In addition to any other warranty provided for at law or herein, this Agreement is additionally subject to all warranty provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington. The Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and the Vendor's representations to City. The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of the existence or discovery of the defect. In the event any part of the goods are repaired, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. IX. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub -contract, the Vendor, its sub -contractors, or any person acting on behalf of the Vendor or sub -contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. X. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, and the Lessee under the applicable financing lease, their officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's performance of this Agreement, except for that portion of the injuries and damages caused by the negligence of the City or Lessee. The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having GOLF CART USE AGREEMENT - 3 jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then the Vendor shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the Vendor's part. The provisions of this section shall survive the expiration or termination of this Agreement. XI. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit C attached and incorporated by this reference. XII. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section X of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOLF CART USE AGREEMENT - 4 01/25/2022 GOLF CART USE AGREEMENT - 6 DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Rob HarbatHe By: Rob Harbottle (Jan 24, 202209:06 PST) For: Pacific Golf & Turf Title: Fleet Sale Representative Date: Jan 24, 2022 GOLF CART USE AGREEMENT Exhibit C - Insurance Requirements CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN CONTRACTORS POLICY: SUPERSEDES: April 1, 1996 APPROVED BY Jim White, Mayor Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. GOLF CART USE AGREEMENT Exhibit C — Insurance Requirements CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before -mentioned company was the prime contractor for the Agreement known as the Kent that was entered into on (date), between the firm I represent and the City of I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before -mentioned Agreement. By:_ For: Title: Date: GOLF CART USE AGREEMENT Exhibit C — Insurance Requirements EXHIBIT A SPECIFICATIONS GOLF CART USE AGREEMENT Exhibit A — Specifications Electric Golf Cart Specifications Quantity: 36 Electric fleet golf carts Power Source: 48-volt electric motor Horsepower: 3.3 HP/2.4 kW (Minimum), prefer 4.4 HP/3.3kW Batteries: Six (6) 8-volt deep cycle batteries, prefer Trojan batteries. Warranty: Minimum 4 Years/25,000 amp hours Water Fill System: Factory easy fill watering system on all carts Charger: Factory U.L. Listed and C.S.A. Certified 48-volt charger and charging cord (1 each per cart) Battery Meter: Factory battery meter, dash mounted (1 per cart) Color: Factory color - Slate/Platinum/Moonstone (Prefer molded body color over paint) Bumpers: 5 mph impact resistant front and rear bumpers Roof/Canopy: Black roof and canopy supports Windshield: Factory, two (2) piece folding windshield Seat: Factory - Color: Black Tire Size: 4-ply rated (minimum) Wheel Covers: Silver Factory wheel covers/hub cabs (4 per cart) Sweater Basket: Factory sweater basket Cup Holders: Factory cup holders Ball and Tee Holders: Factory ball and tee holders Dash: USB port(s) Bag/Club Cover: Factory rear bag/club cover - Color: Black Information Holder: Factory, front facing information holder (1 per cart) Number Decals: Factory number decals (2 per cart) Gas Powered Golf Cart Specifications Quantity: 36 Gas powered fleet golf carts Engine: Gas - Electronic Fuel Injection, 4 cycle low emissions Battery: 12-volt maintenance free (Minimum 2-year Warranty) Fuel Capacity: 5.2 gallons/20.0 L (Minimum) Color: Factory color - Slate/Platinum/Moonstone (Prefer molded body color over paint) Bumpers: 5 mph impact resistant front and rear bumpers Roof/Canopy: Factory roof/canopy and supports - Color: Black Windshield: Factory, two (2) piece folding windshield Seat: Factory - Color: Black Tire Size: 4-ply rated (minimum) Wheel Covers: Silver Factory wheel covers/hub cabs (4 per cart) Sweater Basket: Factory sweater basket Cup Holders: Factory cup holders Ball and Tee Holders: Factory ball and tee holders Dash: USB port(s) Bag/Club Cover: Factory rear bag/club cover - Color: Black Information Holder: Factory, front facing information holder (1 per cart) Number Decals: Factory number decals (2 per cart) Marshal Golf Cart Specifications Quantity 2 Gas powered marshal golf carts Engine: Gas - Electronic Fuel Injection, 4 cycle low emissions Battery: 12-volt maintenance free (Minimum 2-year Warranty) Fuel Capacity: 5.2 gallons/20.0 L (Minimum) Color: Factory color - Flame Red/Sangria/Garnet (Prefer molded body color over paint) Bumpers: 5 mph impact resistant front and rear bumpers Roof/Canopy: Factory roof/canopy and supports - Color: Black Windshield: Factory, two (2) piece folding windshield Seat: Factory - Color: Black Tire Size: 4-ply rated (minimum) Wheel Covers: Silver Factory wheel covers/hub cabs (4 per cart) Sweater Basket: Factory sweater basket Cup Holders: Factory cup holders Ball and Tee Holders: Factory ball and tee holders Dash: USB port(s) Bag/Club Cover: Factory rear bag/club cover - Color: Black Information Holder: Factory, front facing information holder (1 per cart) Number Decals: Factory number decals (2 per cart) Utility Vehicles Quantity: Two (2) gas powered golf cart style utility vehicles/carts Power Source: Gas - Electronic Fuel Injected, 4 cycle low emissions Displacement: 400 cc (Minimum) Horsepower: 13.5 HP (Minimum) Cooling: Air cooled Battery: 12-volt maintenance free (Minimum 2-year warranty) Color: Green (Prefer molded body color over paint) Bumpers: Front bumper with heavy duty brush guard, rear bumper equipped with 2" hitch receiver Roof/Canopy: Factory roof/canopy and supports - Color: Black Windshield: Factory, two (2) piece folding windshield Fuel Capacity: 5.2 gallons/20.0 L (Minimum) Rear Cargo Bed: Factory Bed Capacity: 300 lbs. (Minimum) Tire Size: 20x8-10 turf tires, 6-ply rated (minimum) Headlights: Factory front headlights Taillights: Factory rear taillights Cup Holders: Factory cup holders Dash: USB port(s) Keys: Factory keys (2 per cart) Towing: Factory 2" rear tow hitch/receiver Towing Capacity: 500 lbs. rolling weight and 100 lbs. towing weight (Minimum) Driving Range Picker Utility Vehicle Quantity: One (1) gas powered golf cart style utility vehicles/carts Power Source: Gas - Electronic Fuel Injected, 4 cycle low emissions Displacement: 357 cc (Minimum) Horsepower: 11.5 HP (Minimum) Cooling: Air cooled Battery: 12-volt maintenance free (Minimum 2-year warranty) Color: Green (Prefer molded body color over paint) Bumpers: Front bumper with driving range picker bracket, rear bumper equipped with 2" hitch receiver Roof/Canopy: Factory driving range protective enclosure Doors: Factory driving range protective enclosure Windshield: Factory driving range protective enclosure Fuel Capacity: 5.2 gallons/20.0 L (Minimum) Rear Cargo Bed: Factory Bed Capacity: 300 lbs. (Minimum) Tire Size: 20x8-10 turf tires, 6-ply rated (minimum) Headlights: Factory front headlights Taillights: Factory rear taillights Cup Holders: Factory cup holders Dash: USB port(s) Towing: Factory 2" rear tow hitch/receiver Towing Capacity: 500 lbs. rolling weight and 100 lbs. towing weight (Minimum) PACIFIC \\GOLF &TURF Presented To: R.D. Pete Petesen, Jr. Riverbend Golf Complex 2019 West Meeker Street Kent, WA 98032 A Textron Company JOHN DEERE GOLF Prepared By Rob Harbottle Sales Representative (253) 508-9192 rharbottle@ pacificgolfturf.com QTY MODEL VEHICLE COLOR SEAT TYPE / COLOR 36 RXV ELITE LITHIUM Platinum Standard Factory Seat Black INCLUDED ACCESSORIES QTY ACCESSORY ACCESSORY DETAILS / COLOR 36 Top Assembly Black 36 Wheel Covers Platinum 36 Standard Tire and Wheel 9" Standard Factory 4 Ply Tire and Wheel 36 Windshield E-Z-GO Factory Split Windshield 36 Message Holder 36 Club Pro Bag Covers Black 36 USB Ports Standard Factory Install 36 State of Charge Meter Standard Factory Install 1 Handheld Diagnostic Tool 36 Factory Freight 36 IFleet Instalation / Local Delivery Any change to the accessory list must be obtained in writing at least 45 days prior to production date. Location of :.oyo 36 Course Logo Center Front Cowl Location of Numbers Number Sequence 72 Die Cut Numbers One Per Side 1 TO 36 Accepted By: Title: Pacific Golf & Turf Accepted By: Title: -Club is Responsible for logo artwork 45 days prior to fleet delivery SPECIAL CONSIDERATIONS Acceptance of the above fisted accessories and vehicle Information Date: Date: x PACIFIC A Textron Company `..GOLF &TURF JOHN DEERE GOLF Presented To: Prepared By R.D. Pete Petesen, Jr. Rob Harbottle Riverbend Golf Complex Sales Representative 2019 West Meeker Street (253) 508-9192 Kent, WA 98032 rharhottlefmpacitkRolfuuf.com FINANCIAL DETAILS CITY MODEL Terms ` UNIT PRICE TOTAL MONTHLY PRICE 36 RXV ELITE LITHIUM 48 Month Seasonal Pay 8/4 $ 142.08 $ 5,114.88 $ $ $ $ $ $ NETTOTAL $ 5,114.89 TRADE / LEASE TERMINATION CITY YEAR MODEL CONDITION VALUE PER CAR TOTAL $0.00 $0.00 $0.00 $0.00 1- Customer acknowledges they have received o full inspection report (attached) detailing the current conditon of the trade in/Lease return Vehicles 2- Customer understands that excess damages to Lease Termination vehicles will be added to the cost of the replacement fleet as specified in this agreement. 3- Customer understands that trade in values ar based on the condition of the vehicles on the date of the fleet inspection. 4- Customer understands that this agreement is based on the condition of the vehicles at the time of inspection. Any damages or loss of vehicle accessories / chargers that occur between .Inspection and accepstance of new vehicles by Pociftc Golf & Turf is the repsonslblllty of the customer. Lease Last Dutstonding taxe orfees including late PROPOSED LEASE DETAILS to be made: Payment Schedule: 48 Month Lease Seasonal Pay Expected Delivery: November 2021 Additional Information: PROPOSAL EXPIRATION DATE ass rated above. Assuming Payment Months: First Pay: payments are current and there are no March -October This Proposal is valid through delivery date is subject to change based on product availability Accepted By: Date: Title: Pacific Golf & Turf Accepted By: Date: Tltle: PACIFIC `.GOLF &TURF Presented To: R.D. Pete Petesen, Jr. Riverbend Golf Complex 2019 West Meeker Street Kent, WA 98032 A Textron Company JOHN DEERE GOLF Prepared BV Rob Harbottle Sales Representative (253) 508-9192 rharb ottie@ oaci ticgol f to rf.com CITY MODEL VEHICLE COLOR SEAT TYPE / COLOR 36 RXV GAS Platinum Standard Factory Seat Black INCLUDED ACCESSORIES CITY ACCESSORY ACCESSORY DETAILS / COLOR 36 Top Assembly Black 36 Wheel Covers Platinum 36 Windshield E-Z-GO Factory Split Windshield 36 Message Holder 36 Club Pro Bag Covers Black 1 Manual Kit 1 Handheld Diagnostic Tool 36 Factory Freight 36 Fleet Instalation / Local Delivery Any change to the accessory list must be obtained in writing at least 45 days prior to production date. Location of Logo 36 Course Logo I Center Front Cowl Location of Numbers Number Sequence 72 Die Cut Numbers I One Per Side 1 TO 36 Accepted By: Title: Pacific Golf & Turf Accepted By: _ Title: -Club is Responsible for logo artwork 45 days prior to fleet delivery SPECIAL CONSIDERATIONS Acceptance of the above listed accworles and vehicle information Date: Date: PALC IFIC A Textron Company " .GOLF & TURF a JOHN DEERE GOLF Presented To: Prepared By R.D. Pete Petesen, Jr. Rob Harbottle Riverbend Golf Complex Sales Representative 2019 West Meeker Street (253) 508-9192 Kent, WA 98032 rharbottleMPArifigalftort.com FINANCIAL DETAILS CITY MODEL Terms UNIT PRICE TOTAL MONTHLY PRICE 36 RXV GAS 48 Month Seasonal Pay 8/4 $ 122.01 $ 4,392,36 S $ $ $ NET TOTAL $ 4,392.36 TRADE / LEASE TERMINATION CITY YEAR MODEL CONDITION VALUE PER CAR TOTAL $0.00 $0.00 $0.00 $0.00 Customer acknowledges they have received o full inspection report (attached) detailing the current conditon of the trade in /Lease return Vehicles Customer understands that excess damages to Lease Termination vehicles will be added to the cost of the replacement fleet as specified in this agreement. Customer understands that trade in values or based on the condition of the vehicles on the date of the fleet inspection. Customer understands that this agreement is based on the condition of the vehicles at the time of inspection. Any damages or loss of vehicle accessories / chargers that occur between ;pection and occepstance of new vehicles by Pacific Gotf & Turf h the repsonsibility of the customer. Lease Last Poyment to be made: Above stated lease schedules v.48h wiAbe terminted as stated above. Assuming all prevlaus payments are current and there are no oulstandlnq toxe or fees including late charges. PROPOSED LEASE DETAILS Payment Schedule: 48 Month Lease Seasonal Pay Payment Months: March -October Expected Delivery: October 2021 First Pay: Additional Information: PROPOSAL EXPIRATION DATE: This Proposal is valid through delivery date is subject to change based on product availability Accepted By: Date: i itle: Pacific Golf & Turf Accepted By: Date: Title: PACIFIC `GOLF &TURF Presented To: R.D. Pete Petesen, Jr. Riverbend Golf Complex 2019 West Meeker Street Kent, WA 98032 A Textron Company JOHN DEERE GOLF Prepared By Rob Harbottle Sales Representative (253) 508-9192 rharbc3ule atLtaciir,;olfturf.com QTY MODEL VEHICLE COLOR SEAT TYPE / COLOR 2 RXV GAS Flame Red Standard Factory Seat Black INCLUDED ACCESSORIES CITY ACCESSORY ACCESSORY DETAILS / COLOR 36 Top Assembly Black 36 Wheel Covers Platinum 36 Standard Tire and Wheel B" Standard Factory 4 Ply Tire and Wheel 36 Windshield E-Z-GO Factory Split Windshield 36 Message Holder 36 Club Pro Bag Covers Black 1 Handheld Diagnostic Tool 2 Factory Freight 2 Fleet Instalation / Local Delivery Any change to the accessory list must be obtained In writing at least 45 days prior to production date. Location of Ingo 2 Course Logo Center Front Cowl Location of Numbers Number 4 Die Cut Numbers) One Per Side I 1 TO 2 -Club is Responsible for logo artwork 45 days prior to fleet delivery Accepted By: Title: Pacific Golf & Turf Accepted By: Title: SPECIAL CONSIDERATIONS Acceptance of the above listed accessories and vehWe Information Date: Date: PACIFIC GOLF &TURF A Textron Company JOHN DEERE GOLF Presented To: Prepared BY R.D. Pete Petesen, Jr. Rob Harbottle Riverbend Golf Complex Sales Representative 2019 West Meeker Street (253) 508-9192 Kent, WA 98032 rhatboalePpacihceoifturf com FINANCIAL DETAILS 4T1' MODEL Tams UNIT PRICE TOTAL MONTHLY PRICE 2 RXV GAS INCLUDED AT NO CHARGE FOR TERM $ _ $ - $ $ $ $ $ $ NETTOTAL 1 $ - TRADE / LEASE TERMINATION CITY YEAR MODEL CONDITION VALUE PER CAR TOTAL $0.00 $0.00 $0.00 $0.00 customer acknowledges they have received o full inspection report (attached) detailing the current conditon of the trade in / Lease return Vehicles Customer understands that excess damages to Lease Termination vehicles will be added to the cost of the replacement fleet as specified in this agreement. customer understands that trade in values or based an the condition of the vehicles on the dale of the fleet inspection. Customer understands that this agreement is based on the condition of the vehicles at the time of inspection, Any damages or lass of vehicle accessories/ chargers that occur between pection and atcepstance of new vehicles by PoUftr GoIJ & TarJla the repsonsib!!ity of the customer. PROPOSED LEASE DETAILS Payment Schedule: 48 Month Lease Seasonal Pay Payment Months: Expected Delivery: July-2021 First Pay: Additional Information: PROPOSAL EXPIRATION DATE: Accepted By: Title: Pacific Golf & Turf Title: March -October Aug-2021 This Proposal is valid through 4/1/2021 delivery date is subject to change based on product availability. Date: Date: PACIFIC "GOLF & TURF Presented To: R.D. Pete Petesen, Jr. Riverbend Golf Complex 2019 West Meeker Street Kent, WA 98032 CITY MODEL VEHICLE COLOR 3 HAULER 1200G EFI Hunter Green CITY ACCESSORY 3 HP Gas EFI Engine30 LB Vehicle load Capa<Ity3LB Bed load Capacity30 L87owing Capacity3ubic Foot Cargo Bed3r Meter3Gage1Picker Cage;_::7 t Picker AdapterAssembly3 Freight 3 lFloat Black FINANCIAL DETAILS A Textron Company 43 JOHN DEERE GOLF Prepared By Rob Harbottle Sales Representative (253)508-9192 rharnettice�u aeil_eRollturf.eom SEAT TYPE / COLOR Standard Factory Seat Black ACCESSORY DETAILS / COLOR CITY MODEL Terms UNIT PRICE TOTAL MONTHLY PRICE 3 HAULER 120OG EFI 48 Month seasonal Pay 8/4 $ 27481 $ 824.43 TOTAL $ 824 43 TRADE / LEASE TERMINATION CITY YEAR MODEL CONDITION VALUE PER CAR TOTAL $0.00 $0,00 $0.00 £xlsring Lease Number('si Last Payment to be made: Above'Ted leasr schedules with wW be termrnted as Staf ed obave- Assuming a8 previous payments are current and there ate no outstanding toxe or fces incladtrtg late charges, PROPOSED LEASE DETAILS Payment Schedule: 48 Month Lease Seasonal Pay Payment Months: March -October Expected Delivery: October 2021 First Pay: SPECIAL CONSIDERATIONS Acceptance of the above listed accessories and vehicle /nfarmotlon Accepted By: Date: Title: Pacific Golf & Turf Accepted By: Date: Title: UNMATCHED POWER AND EFFICIENCY. Proven to exceed expectations and deliver golfers with an uncompromised experience, the E-Z-GO° RXV is a golf car like no other. Whether you choose the EX1 gas engine or 48-volt AC electric drivetrain, the RXV is the most advanced vehicle in the industry. The 48-voLt AC electric model has patented IntelliBrake— technology, which provides superior efficiency and an automatic parking brake. The first of its kind, EX1 closed -loop EFI gas engine delivers a gas golf car with a refined driving experience and unmatched energy efficiencies. Whether gas or electric is the right choice for your course, the RXV will provide an unporalleLed ownership and golfer experience. INDUSTRY'S ADVANCED 48V AC OR EX1 MOST EFFICIENT INTELLIBRAKET, GAS ENGINE WITH VEHICLE TECHNOLOGY CLOSED -LOOP EFI s[�i�ic�?!=tla((t};1-TetY�::Y:ieG3f7ri � 1Lof:.etia'•l1�fY•)t=1 - �IIi�jIC:�.1�rL-�a•nLY KEY FEATURES Modern Design Modern Dash with Large Cupholders • Impact- Resistant Bumpers Oversized Bag Well Optional Fold -Down Windshield Optional Rear -Facing Seat Available in RXV 2+2 ELECTRIC • Automatic Parking Brake with Advanced IntelliBrokeT" Technology • State of Charge Meter DC/DC Converter • 48-Volt Battery Charger Independent front suspension GAS • Industry's most efficient gas engine Superior Performance Perfectly tuned power Refined Handling Closed -loop EFI system Industry's Greenest Engine Industry's Most Efficient Gas Engine Closed -Loop EFI System • Industry's Lowest Operational Costs KEY ELECTRIC GAS DIMENSIONS OVERALL LENGTH 94.5 In (240 cm) OVERALL WIDTH 47.0 In (119 cm) OVERALL HEIGHT (W/O CANOPY) 47.5in (121 cm) OVERALL HEIGHT (W/CANOPY) 70 In (178 cm) WHEELBASE 65.7 in (167 cm) FRONT WHEELTRACK 35.5 in (90 cm) REAR WHEEL TRACK 38.0 in (97 cm) GRUND CLEARANCE 4.0 In (10cm) OD IFFERENTIAL POWER POWER SOURCE 48-Volt AC 4 Cycle, 9.15 cu in (150 cc) HORSEPOWER (KW) 4.4 hp (3.3 kW) Continuous 11.5 hp (8.6 kW) J1995 standard ELECTRICAL SYSTEM 48-Volt BrushLess DC Internal Starter Generator BATTERIES (TYPE) Four, 12 Volt Deep Cycle One, 12-Volt Maintenance -Free OR PEDAL START Pedal BATTERY CHARGER Lead Acid Charger. SC-48 (3.0 M) DC Cord SPEED CONTROLLER 235-amp Solid -State AC Controller DRIVETRAIN Motor Shaft Direct Drive TRANSAXLE Limited Slip Differential GEAR SELECTION Forward -Neutral -Reverse Integrated REAR AXLE RATIO 16.99:1 KEY SWITCH Unique Group, Unique Individual. N/A N/A Continuously Variable Transmission (CVT) Differential W/ Helical Gears Forward -Reverse 11:47:1 (Forward) 14:35:1 (Reverse) N/A PERFORMANCE 2-Passenger SEATING CAPACITY DRY WEIGHT 585 lb (258.3 kg) 878 lb (307 kg) CURB WEIGHT 905 Lb (410.5 kg) 692 Lb (314 kg) VEHICLE LOAD CAPACITY 500-BOO lb (227-380 kg) OUTSIDE CLEARANCE CIRCLE 19.2 ft (5.6 m) 19.0 it (5.8 m) SPEED (LEVEL GROUND) B-15mph (13-24kph) 12 mph t 0.51 mph (19.3 kph f 0.8 kph) TOWING CAPACITY Three E-Z-GO Golf Cars with Approved Permanent Tow Bar STEERING & SUSPENSION STEERING Double -Ended Rack and Pinion SUSPENSION Front: Independent A -Arm Coil -Over Shock; Rear. Mono -Leaf Spring With Hydraulic Shocks SERVICE BRAKE Induction Motor Rear Wheel MnchonICOL Soll-Adjusting Drums PARKING BRAKE Automatic Electro-Magnetic Self-Componsoting. Single Point Engagement TIRES I le x 8.50-8 (4-pLy rated) BODY & CHASSIS FRAME Welded Steel with Powder -Coat Protection BODY B FINISH Injection Molded TPO Almond. Black, Bright White. Burgundy, Electric Blue, Flame Rea, OPTIONAL BODY COLORS Forest Green, Inferno Red. Ivory. Metallic Charcoal, Oasis Green. Ocean Grey, Potriot BLuo, Platinum, Sunburst Orange (custom colors avollahte) STANDARD SEAT COLORS Stone Beige, Oyster, Grey, Black PREMIUM SEAT COLORS Mushroom, Grey (custom colors avokable) PINSTRIPE COLORS Pewter, Black, Gold 66(__)••i• Almond Black Bright White Burgundy Electric Blue Flame Red Forest Green • 0 • • • Inferno Red Ivory Metallic Charcoal Oasis Green Ocean Grey Patriot Blue Platinum Sunburst Orange Features and specifications ©2020 Textron of vehic Les subject to change without notice. Vehicles as photographed may include Specialized Vehicles Inc. 822013-G12 (Rev 0912020) options not included on base model. www.ezgo.com BUILT RIGHT. RIGHT HERE. 2t . UNBEATABLE ENERGY EFFICIENCY. UNRIVALED TECHNOLOGY. The E-Z-GO° RXV ELITE is the industry's best golf car with unbeatable performance and innovative technology. Activated by Samsung SDI maintenance -free lithium batteries, the RXV ELITE is the most efficient golf car available with the lowest cost of ownership of any golf car. Featuring an innovative battery management system that monitors battery health, the RXV has the longest range of any lithium golf car, paired with performance that doesn't fade over time. Choose the RXV ELITE and let us show you why it raises the bar on superior golf car performance. MAINTENANCE LASTING UNBEATABLE FREE BATTERIES PERFORMANCE ENERGY EFFICIENCY Vmpar OpportunjiyChorg(riq X :�i'.-•._._•+�llr.Ll_t-'>L'lilift�j:Ydlt_i')_ti=14 i'�n}•llrllid INNOVATIVE TECHNOLOGY Zero Maintenance Lithium Batteries 5-Year Battery Warranty Unbeatable Energy Efficiency Proven Performance of Samsung SDI Lithium Batteries Effortless Performance Eco-Friendly Technology Longest Range of Any Lithium Vehicle Opportunity Charging Lightweight for Turf Protection KEY FEATURES Modern Design Impact -Resistant Bumpers Fade Resistant Paint Premium Seating Versatile In -Dash Storage Optional Fold -Dawn Windshield • Optional USB Port DIMENSIONS OVERALLLENOTH OVERALL WIDTH OVERALL HEIGHT (W/O ROOF) OVERALL HEIGHT (W/ROOF) WHEELBASE FRONT WHEEL TRACK REAR WHEEL TRACK GROUND CLEARANCE ® DIFFERENTIAL POWER POWER SOURCE MOTORTYPE HORSEPOWER (KW) ELECTRICAL SYSTEM BATTERIES (TYPE) KEY OR PEDAL START BATTERY CHARGER SPEED CONTROLLER DRIVETRAIN TRANSAXLE GEAR SELECTION REAR AXLE RATIO KEY SWITCH PROGRAMMABLE GOLF MODES PERFORMANCE SEATING CAPACITY DRY WEIGHT CURB WEIGHT VEHICLE LOAD CAPACITY OUTSIDE CLEARANCE CIRCLE SPEED (LEVEL GROUND) TOWING CAPACITY STEERING & SUSPENSION STEERING SUSPENSION SERVICE BRAKE PARKING BRAKE TIRES BODY & CHASSIS FRAME BODY B FINISH OPTIONAL BODY COLORS STANDARD SEAT COLORS PREMIUM SEAT COLORS PINSTRIPE COLORS AIMIL 0 C ) 0 0 0 0 Almond Block Bright White Burgundy Electric Blue Flame Red Forest Green ELITE 94.5 In (240 cm) 47.0 In (119 cm) 45.71n 018 cm) 68.6 In (174 cm) 65.7 in (187 cm) 35.5 In (90 cm) 38.0 in (97 cm) 3.3 In (8 cm) 56-Volt DC 48 Volt AC 4.4 hp (3.3 kW) Continuous 58-Volt ELITE 2.0. 56V Lithium Pedal Lithium World Charger 58VDC 10 ft. DC Cord 235-amp Solid -State AC Controller Motor Shaft Direct Drive Limited Slip Differential Forward -Neutral -Reverse Integrated 16.99:1 Into Key Switch Unique Group, Unique Individual 2-Passenger 605 Lb (274.4 kg) 655 lb (297.1 kg) 500-800 Lb (227-360 kg) 19.2 ft (5.6 m) 8-15mph (13-24kph) Three E-Z-GO Golf Cars with Approved Permanent Tow Bar Double -Ended Rack and Pinion Front: Independent A -Arm Coil -Over Shock Rear. Mono -Leaf Spring With Hydraulic Shocks Induction Motor Automatic Electra -Magnetic 18 x B.50-B (4-ply rated) Welded Steel with Powder -Cool Protection Injection Molded TPO Almond, Black, Bright White. Burgundy. Electric Blue. Flame Rod, Forest Greer:, Inferno Red, Wary, Mook Lic Charcoal. Onsin Green. Ocean Grey, Patriot Blue, Platinum. SunburM Orange (custom colors available) Stone Beige, Oyster, Grey, Black Mushroom, Grey (custom colors available) Pewter, Black, Gold Inferno Red Ivory Metallic Oasis Green Ocean Grey Patriot Blue Platinum Sunburst Charcoal Orange Features and specifications of vehic Les subject to change without notice. Vehicles as photographed may include options not included on base model. 02020 Textron Specialized Veh i c Les Inc. 70065-G3 (Rev. 0912020) m www.ezgo.com IMILTRIGHT. RIGHT HERE. Dq CUSHMAN* LORDED WITH RELENTLESS FUNCTIONRLITY. HRULERO 1200 The Hauler 1200 is equipped to tackle the burden of any job, with a rugged truck -like design. A large bed packed full of essential functionality can easily be converted for any task. Featuring tie down locations, divider slots and a full line of affordable accessories, transporting everything from sod to small equipment has never been easier. Your work is unforgiving, let the Hauler 1200 carry the load. LET'S WORK® 13.5HP 1500LB EFI GAS Tow CAPACITY 12 cu FT 1200LB CARGO LOAD BED CAPACITY OPTIONS & RECESS❑RIES • Bed Dividers • Ladder/Hoop Rack • Long -Handled Tool Holder • Brake Lights • Cargo Mesh Netting • Tail Lights • L-Track Aluminum Bed System E-ShieldT1 Frame • Weather Enclosure Fuel/Oil Gauge • USB Outlet Premium Steering Wheel • 12-Volt Outlet • Side Body Color • Canopy Storage Net Windshield • Brush Guard LED Headlights • Rearview Mirror • Glove Box • ROPS-Certified Cab Floor Mount Attachment CUSHMAN• HRULER®1200 FRAME Welded Steel with DuraShieldl Powder Coat BODY &FINISH Injected Molded TPO STANDARD COLOR Patriot Blue. Forest Green OVERALL LENGTH 111.9 in (302 cm) OVERALL WIDTH 49.4 in (125-5 cm) OVERALL HEIGHT W/CANOPY 70.5 in (179.1 cm) WHEELBASE 76.8 in (195-1 cm) FRONT WHEEL TRACK 35 in (88.9 cm) REAR WHEEL TRACK 38.5 in (97.8 cm) GROUND CLEARANCE 3.5 in(8.9 cm) CARGO BOX CAPACITY 12 cu ft (0 34m3) POWERSOURCE 4-cycle, 24.5 ci (401cc) VALVETRAIN Single Cylinder OHV HORSEPOWER (KW) 13.5 hp (10.1 kW) ELECTRICAL SYSTEM Starter/Generator. Solid -State Regulator BATTERY(QTY/TYPE) One 12V Maintenance Free KEY OR PEDAL START Pedal Start AIR CLEANER Replacable Dry Cartridge LUBRICATION Pressurized Oil System OIL FILTER Spin -On COOLING SYSTEM Air Cooled FUEL CAPACITY 6.65 Gallon (25.2 U Tank DRIVETRAIN Continuously Variable Transmission(CVT) TRANSAXLE Differential with Helical Gears GEAR SELECTION Forward -Reverse REAR AXLE RATIO 11.47:1(Forward) 14.35:1(Reverse) SEATING CAPACITY 2 Person CURB WEIGHT 980lb (445 kg) BED LOAD CAPACITY 800 lb (363 kg) VEHICLE LOAD CAPACITY 1200 lb (545 kg) SPEED 14.5 mph ± 0.5 mph (23.3 kph ± 0.8 kph) TOWING CAPACITY 1500 lb (680 kg) max OUTSIDE CLEARANCE CIRCLE 215ft(66 m) STEERING Self -Compensating Rack and Pinion FRONT/ REAR SUSPENSION Leaf Springs w/ Hydraulic Shock Absorbers SERVICE BRAKE Rear Wheel Mechanical Self-adjusting Drum PARKING BRAKE Self -compensating. Single Point Engagement FRONT/REARTIRES 18x8. 5-8 www.cushman.com 02019 Textron Specialized Vehicles Inc. Features and specifications of the vehicles are subject to change without notice. Vehicle as photographed may include options not included on base model. 62290-G7 (Re,11/2019) EXHIBIT B WARRANTY PROVISIONS GOLF CART USE AGREEMENT Exhibit B — Warranty Provisions MODEL YEAR 2021 Limited WarrantV Terms and Conditions — RXV and TXT ELITE Fleet Vehicles Textron Specialized Vehicles Inc. ("Company") provides that any new Model Year 2021 E-Z-GO RXV Fleet and TXT Fleet Elite electric vehicle (Vehicles factory equipped with a lithium battery pack) (the "Vehicles") and/or the battery charger for the Vehicle's lithium battery pack purchased from the Company, a Company affiliate, or an authorized Company dealer or distributor, or leased from a leasing company approved by the Company, shall be free from defects In material or workmanship under normal use and service (the "Limited Warranty"). This Limited Warranty with respect only to parts and labor Is extended to the Original Retail Purchaser or the Original Retail Lessee ("Purchaser") for defects reported to the Company no later than the following warranty perlocis for the Vehicle parts and components set forth below (the 'Warranty Period"): Part or Component WarrantyPeriod FRAME - WORKMANSHIP LIFETIME SUSPENSION - Steering Gearbox, steering column, shocks and leafsprings 4 Years MAJOR ELECTRONICS— Electric motor, solid statespeed controller 4 Years LITHIUM BATTERY SYSTEM — Battery pack, battery management system, battery charger, and charger receptacle 5 Years PEDAL GROUP - Pedal assemblies, and motor brake 4 Years SEATS - Seat bottom, seat back and hip restraints 3 Years CANOPY SYSTEM -Canopy and canopy struts 4 Years POWERTRAIN — Electric axle 3 Years BODY GROUP — Front and rear cowls, side panels and Instrument panel 3 Years OTHER ELECTRICAL COMPONENTS —Solenoid, limit switches, DC/DC converter, F&R switch, charger cord, wiring harness 3 Years ALL REMAINING COMPONENTS - All options and accessories supplied by E-Z-GO at time of delivery, and all components not specified elsewhere 2 Years INITIAL ADJUSTMENTS — Initial alignment, adjustments, fastener tightening 90 days The Warranty Period for all parts and components of the Vehicle other than Lithium Batteries shall commence on the date of delivery to the Purcnasers location or the date on which the Vehicle is placed in Purchaser -requested storage. The Warranty Period for Lithium Batteries shall commence on the earliest of the following dates: of Vehicle delivery to the Purchaser's location, • on which the Vehicle Is placed in Purchaser- requested storage or • that is sixty (60) days from the date of sale or lease of the Vehicle by the Company to an authorized Company dealer or distributor. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the original Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval from the Director of the Company's Customer Care / Warranty Department. EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are: • routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result of fluctuations in electric current; • damage to or deterioration of a Vehicle, part or battery charger resulting from an accident or collision, or from the neglect, abuse, or inadequate maintenance of the Vehicles; • damage resulting from installation or use of parts or accessories not approved by Company, including but not limited to subsequent failures of the Vehicle, other parts or the battery charger due to the Installation and/or use of parts and accessories not approved by Company; • warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; • damage or loss resulting from acts of nature, vandalism, theft, war or other events over which Company has no control; • any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer, distributor or designee for warranty service or in performing field warranty service; and • any and all expenses, fees or duties incurred relative to Inbound freight, importation, or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: shows indications that routine maintenance was not performed In accordance with the Owner's Manual provided with the Vehicle, including but not limited to rotation of fleet, proper tire inflation, and lack of charging. • shows indications that non -recommended lubricants were applied to the Vehicle and any part thereof; • shows Indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications that it has been altered or modified in any way from Company specifications, including but not limited to alterations to the speed braking system, electrical system, passenger capacity or seating; • has been altered to be used or operated outside of Company approved applications, specified environments or performance conditions; is equipped with tires not expressly approved by Company for use with the Vehicles; • lacks an adequate number of operating battery chargers, or uses unapproved battery chargers forthe Vehicle or uses extension cords with battery chargers; • shows indication that the battery charger has been modified to charged vehicles not approved for the charger; • has electrical accessories that are not manufactured or sold by the Company for use with the Vehicle or any electrical energy consuming devices installed directly to the battery pack; • shows Indications that the battery pack was disassembled, opened, or tampered with in any way; shows Indications that attempts may have been made to intentionally reduce the battery pack life; • contain lithium battery packs that are not paired with the battery management system as supplied by the Company; FOR FURTHER INFORMATION, CALL 1-800-774-3946, GO TO TSV.COM, OR WRITE TO TEXTRON SPECIALIZED VEHICLES INC., ATTENTION: TSV CUSTOMER CARE / WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30906 USA. TSV P/N 657284G21 MODEL YEAR 2021 Storage and Operation Limitations Condition Time Allowed STORAGE BETWEEN CHARGE CYCLES 3 months STORAGE BETWEEN -22•F -30-C) AND -4'F -20'C STORAGE ONLY —NO CHARGING OR DISCHARGING OF BATTERY PACK 1 month OPERATION OF VEHICLE BELOW -4•F (-20°C) OR ABOVE 140•F (GO-C) NOT At USE OF NON -APPROVED PARTS AND ACCESSORIES: THIS LIMITED WARRANTY SHALL NOT APPLY TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR EXPRESSLY AUTHORIZED BY THE COMPANY, OR WHICH WERE NOT INSTALLED BY THE COMPANY, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPS SYSTEMS, COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS, INFORMATION SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY: Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect In material or workmanship in the Vehicle, any part or component, or battery charger during the applicable Warranty Period Is that Company will, at its sole option, repair or replace any defective parts. For such warranty repairs or replacements, the Company may, at its discretion, provide factory reconditioned parts or new components from alternate suppliers. All replaced parts become the sole property of the Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as the Company has made reasonable efforts to repair or replace the defective parts. DISCLAIMER: THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EMPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. LIABILITY LIMITATIONS: IN NO CASE SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER, OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSS, WHETHER OR NOT THE COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. DONOTMAKEANYSUCHMODIFICATIONSORCIIANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THIS LIMITED WARRANTY. THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACrTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. LITHIUM BATTERY WARRANTY LIMITATIONS, CONDITIONS AND EXCEPTIONS: • Claims for battery replacement require specific testing, as specified by Company's Customer Care / Warranty Department. The Company, or an authorized Company dealer or distributor, should be contacted to obtain a copy of the required tests. • IF IT IS DETERMINED THAT PARTS OR ACCESSORIES WERE INSTALLED DIRECTLY TO THE VEHICLE'S BATTERY PACK WITHOUT THE COMPANY'S EXPRESS WRITTEN APPROVAL, THEN THE WARRANTY FOR THE BATTERY PACK AND THE BATTERY MANAGEMENT SYSTEM SHALL BE VOID. • ALL NON -FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. • Electric Vehicle storage facilities must provide the fallowing: • ample electrical power to charge all Vehicles and allow the charger to shut off automatically; • battery chargers must each have an independent dedicated 15 amp circuit; • each battery charger must be connected to Its circuit with at minimum a NEMA 15-511 three -pin receptacle; one (1) functional charger for each Vehicle in the fleet with a proper electrical supply as specified above; and • BATTERY CHARGERS MUST BE THE COMPANY APPROVED CHARGERS FOR LITHIUM BATTERY PACK VEHICLES. OTHER COMPANY RIGHTS: • Company may perform semi-annual vehicle inspections (directly or through assigned Company representatives) through the term of any fleet lease. • Company may improve, modify or change the design of any Company vehicle, part or battery charger without being responsible to modify previously manufactured vehicles, parts or battery chargers. • Company may audit and inspect the Purchaser's facility, maintenance records and its Vehicles prior to approving any warranty claim; furthermore, Company may use a third party to perform such audit or inspection of the Purchaser's storage facilities, and/or batteries. • THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS FALSE OR MISLEADING INFORMATION. AUTHORITY: No Company employee, dealer, distributor or representative, or any other person, has any authority to bind Company to any modifications of the terms and conditions of this Limited Warranty without the express written approval from the Director of the Company's Customer Care / Warranty Department. FOR FURTHER INFORMATION, CALL 1-900-774-3946, GO TO TSV.COM, OR WRITE TO TEXTRON SPECIALIZED VEHICLES INC., ATTENTION: TSV CUSTOMER CARE / WARRANTY DEPARTMENT,14SI MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30906 USA. TSV P/N 657284G21 MODEL YEAR 2021 Limited Warrantv Terms and Conditions - RXV and TXT Fleet Vehicles The Textron Specialized Vehicles (TSV) Division of Textron Inc. ("Company") provides that any new Model Year 2021 E-Z-GO RXV Fleet and TXT Fleet gasoline or lead -acid electric vehicle (the "Vehicles") and/or battery charger purchased from the Company, a Company affiliate, or an authorized Company dealer or distributor, or leased from a leasing company approved by the Company, shall be free from defects In material or workmanship under normal use and service (the "Limited Warranty"). This Limited Warranty with respect only to parts and labor Is extended to the Original Retail Purchaser or the Original Retail Lessee ("Purchaser") for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below (the "Warranty Period"): Pa rtor Component WarrantyPeriod FRAME - WORKMANSHIP LIFETIME MAJOR SUSPENSION COMPONENTS- Steering Gearbox, steerin column, shocks, struts and leafsprings 4 years MAJOR ELECTRONICS —Electric motor, solid statespeed controller and battery charger 4 years LEAD ACID DEEP CYCLE BATTERY—TXT ELECTRIC MODELS: • Standard Battery • Standard Battery with optional water fill system Earlier of 4 years or 23,500 amp hours* Earlier of 4 years or 25,000 amp hours* LEAD ACID DEEP CYCLE BATTERY — RXV ELECTRIC MODELS: Earlier of 4 years or 25,000 amp hours` GAS CAR BATTERY (Gas cars with added electrical loads must be equipped with heavy duty battery) 2 years PEDAL GROUP - Pedal assemblies, brake assemblies, brake cables and motor brake 4 years CANOPY SYSTEM - Canopy and canopy struts 4 years SEATS - Seat bottom, seat back and hip restraints 3 years POWERTRAIN —Gasoline engine, gasoline axle, engine air intake and exhaust system 4 years POWERTRAIN— Electric axle 3 years BODY GROUP — Front and rear cowls, side panels and Instrument panel 3 years OTHER ELECTRICAL COMPONENTS —Solenoid, limit switches, starter generator, voltage regulator, F&R switch, charger cord and charger receptacle 3 years ALL OPTIONS AND ACCESSORIES - All options and accessories supplied by Company at time of purchase 2 years ALL OTHER COMPONENTS -All other components supplied by Company at time of purchase 2 years INITIAL ADJUSTMENTS — Initial alignment, adjustments, fastener retightening 90 Days * Added electrical components not part of original Vehicle drive system equipment that consume equal to or more than .4 amps shall reduce the amp hour battery warranty by fifteen percent (15%). Added electrical components not part of original Vehicle drive system equipment that consume less than .4 amps shall reduce the amp hour battery warranty by ten percent (20%). See reverse for other battery worronry limitotions, conditions and exceptions, The Warranty Period for all parts and components of the Vehicle other than Lead Acid Deep Cycle Batteries shall commence on the date of delivery to the Purchaser's location or the date on which the Vehicle is placed in Purchaser -requested storage. The Warranty Period for Lead Acid Deep Cycle Batteries shall commence on the earliest of the date of: • Vehicle delivery to the Purchaser's location, • an which the Vehicle is placed in Purchaser- requested storage or • that is one (1) year from the date of manufacture of the Vehicle. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the TSV Customer Care / Warranty Department. EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are: • routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result of fluctuations In electric current; • damage to or deterioration of a Vehicle, part or battery charger resulting from Inadequate or Improper maintenance, neglect, abuse, improper usage, accident or collision; • damage resulting from installation or use of parts or accessories not approved by Company, including but not limited to subsequent failures of the Vehicle, other parts or the battery charger due to the installation and/or use of parts and accessories not approved by Company; • warranty repairs made by other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs by other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; • damage or loss resulting from acts of nature, vandalism, theft, war or other events over which Company has no control; • any and all expenses incurred In transporting the Vehicle to and from the Company or an authorized and qualified Dealer, distributor or designee for warranty service or in performing field warranty service; and • any and all expenses, fees or duties Incurred relative to inbound freight, importation, or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: • shows indications that routine maintenance was not performed per the Owner's Manual, including but not limited to rotation of fleet, proper tire inflation, lack of charging, inadequate battery watering, use of contaminated water, loose battery hold downs, routine scheduled oil and filter changes, corroded battery cables and loose battery terminals; • lacks an adequate number of operating battery chargers, uses unapproved battery chargers for the vehicle or uses extension cords with battery chargers; • shows Indications that the charger has been modified to charge vehicles not approved for the charger; • gasoline vehicles fueled with unleaded gasoline containing more than 10% ethanol, EBS ethanol fuel or other non -recommended fuels, contaminated gasoline or other non -recommended lubricants; • shows Indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications it has been altered or modified in any way from Company specifications, including but not limited to alterations to the speed braking system, electrical system, passenger capacity or seating; • has been altered to be used in an application other than a fleet golf vehicle such as a Personal Transportation Vehicle (PTV), utility vehicle, or other non -fleet golf vehicle • has non -Company approved electrical accessories or electrical energy consuming devices installed on a gasoline powered Vehicle without installation of a heavy duty 12V battery; or • is equipped with non-standard tires not approved by Company for the application. FOR FURTHER INFORMATION, CALL 1-800-774-3946, GO TO EZGO.TXTSV.COM, OR WRITE TO TSV DIVISION OF TEXTRON INC., ATTENTION: TSV CUSTOMER CARE / WARRANTY DEPARTMENT,14SI MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30906 USA. TSV P/N 646534G21 MODEL YEAR 2021 USE OF NON -APPROVED COMPANY PARTS AND ACCESSORIES: THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY THE COMPANY, OR WHICH WERE NOT INSTALLED BY THE COMPANY, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO NON -APPROVED GPS SYSTEMS, COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS, INFORMATION SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY: Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle, any part or component, or battery charger during the applicable Warranty Period is that E-Z-GO will, at its sole option, repair or replace any defective parts. lithe Company elects to repair or replace a defective part, the Company may at its discretion provide a factory reconditioned part or new component from an alternate supplier. All replaced parts become the sole property of the Company. This exclusive remedy will not be deemed to have failed of Its essential purpose so long as the Company has made reasonable efforts to repair or replace the defective parts. DISCLAIMER; THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND 5 MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. LIABILITY LIMITATIONS: IN NO CASE SHALLTHE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER, OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSS, WHETHER OR NOT THE COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER'S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE VEHICLE FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. DONOTMAKEANYSUCHMODIFICATIONSORCHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THE LIMITED WARRANTY. THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. LEAD ACID DEEP CYCLE BATTERY WARRANTY LIMITATIONS, CONDITIONS AND EXCEPTIONS: • The amp hour Warranty Period for electric Vehicle batteries is as recorded by the Vehicle's controller. • Claims for battery warranty replacement require specific testing, as specified by the TSV Customer Care / Warranty Department. The Company, or an authorized Company dealer or distributor, should be contacted to obtain a copy of the required tests, which must be performed and corrected for temperature, based upon BCI (Battery Council International) recommendations. • NON -FACTORY INSTALLED PARTS OR ACCESSORIES INSTALLED DIRECTLY TO LESS THAN THE COMPLETE VEHICLE BATTERY PACK WILL VOID THE WARRANTY FOR THE ENTIRE BATTERY PACK. • ALL NON -FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. • Electric Vehicle storage facilities must provide the following: • ample electrical power to charge all Vehicles and allow the charger to shut off automatically; • battery chargers must each have an independent dedicated 15 amp circuit; • each battery charger must be connected to Its circuit with at minimum a NEMA 15-SR three -pin receptacle; • five (5) air exchanges per hour in the charging facility; • If the facility utilizes an electrical energy management system, the timer must be set to have available fourteen (14) hours of electricity; and • one (1) functional charger for each Vehicle in the fleet with a proper electrical supply as specified above. OTHER COMPANY RIGHTS: • Company may perform vehicle inspections (directly or through assigned E-Z-GO representatives) through the term of the warranty period. • Company may improve, modify or change the design of any Company vehicle, part or battery charger without being responsible to modify previously manufactured vehicles, parts or battery chargers. • Company may audit and inspect the Purchaser's faclllty, maintenance records and Its Vehicles by a Company representatives prior to approving a warranty claim and may contract with a third party to evaluate the Purchaser's storage facilities, fuel storage tanks and/or batteries. • THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS AUTHORITY: No Company employee, dealer, distributor or representative, or any other person, has any authority to bind the Company beyond the terms of this Limited Warranty without the express written approval of the TSV Customer Care / Warranty Department. EMISSIONS CONTROL WARRANTY: The Vehicle may also be subject to an emissions control warranty, as required by the U.S. Environmental Protection Agency and California Air Resources Board, which is provided In a separate Statement with the Vehicle. FOR FURTHER INFORMATION, CALL 1-800-774-3946, GO TO EZGO.TXTSV.COM, OR WRITE TO TSV DIVISION OF TEXTRON INC., ATTENTION: TSV CUSTOMER CARE/ WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA30906 USA. TSV P/N 6465344321 MODEL YEAR 2021 Limited Warranty Terms and Conditions - E-Z-GO Non -Fleet Vehicles The Textron Specialized Vehicles (TSV) Division of Textron Inc. ("Company") provides that any new Model Year 2021 E-Z-GO non -fleet gasoline or electric vehicle (the "Vehicle") and/or battery charger purchased from Company, a Company affiliate, or an authorized Company dealer or distributor, or leased from a leasing company approved by Company, shall be free from defects in material or workmanship under normal use and service (the "Limited Warranty"). This Limited Warranty with respect only to parts and labor is extended to the Original Retail Purchaser or the Original Retail Lessee ("Purchaser") for defects reported to Company no later than the following warranty periods for the Vehicle parts and components set forth below (the "Warranty Period"): Vehicle Warranty Period FREEDOM RXV OR FREEDOM TXT GAS OR ELECTRIC VEHICLE FRAME - WORKMANSHIP Lifetime BATTERY — GAS MODELS 2 years ENGINE —GAS MODELS 3 years ALL E-Z-GOOPTIONS AND ACCESSORIES — supplied by the company at time of purchase 2 years ALL OTHER COMPONENTS— supplied by the company at time of purchase 3 years SHUTTLE, TERRAIN AND EXPRESS VEHICLES: (ALL PARTS AND COMPONENTS UNLESS OTHERWISE NOTED) 2 years ALL GAS OR ELECTRIC VEHICLES INITIAL ADJUSTMENTS — ALL VEHICLES — Initial alignment, adjustments, fastener retightening 90 days LEAD ACID DEEP CYCLE BATTERY— ELECTRIC FREEDOM MODELS Earlier of 3 years or 23,000 am hours` ` Added electrical components not part of original Vehicle drive system equipment that consume equal to or more than .4 amps shall reduce the amp hour battery warranty by fifteen percent (15%). Added electrical components not part of original Vehicle drive system equipment that consume less than .4 amps shall reduce the amp hour battery warranty by ten percent (1096). See reverse for other battery warranty limitations, conditions and exceptions. The Warranty Period for all parts and components of the Vehicle other than Lead Acld Deep Cycle Batteries shall commence on the date of delivery to the original Purchaser's location or the date on which the Vehicle is placed in Purchaser -requested storage. The Warranty Period for Deep Cycle Batteries shall commence on the earliest of the date of: • Vehicle delivery to the original Purchaser's location, • on which the Vehicle Is placed in original Purchaser -requested storage or • that is one (1) year from the date of original sale or lease of the Vehicle by Company to an authorized Company dealer or distributor. Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period. This Limited Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the TSV Customer Care / Warranty Department. EXCLUSIONS: Specifically EXCLUDED from this Limited Warranty are: • routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result of fluctuations in electric current; • damage to or deterioration of a Vehicle, part or battery charger resulting from inadequate maintenance, neglect, abuse, accident or collision; • damage resulting from installation or use of parts or accessories not approved by Company, including but not limited to subsequent failures of the Vehicle, other parts or the battery charger due to the installation and/or use of parts and accessories not approved by Company; • warranty repairs made by other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs by other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; • damage or loss resulting from acts of nature, vandalism, theft, war or other events over which Company has no control; any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer, distributor or designee for warranty service or in performing field warranty service; and • any and all expenses, fees or duties incurred relative to inbound freight, importation, or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: • shows indications that routine maintenance was not performed per the Owner's Manual, Including but not limited to proper tire inflation, lack of charging, inadequate lead add battery watering, use of contaminated water, loose battery hold downs, corroded battery cables and loose battery terminals; • lacks an adequate number of operating battery chargers, uses unapproved battery chargers for the vehicle or uses extension cords with battery chargers; • is fueled with unleaded gasoline containing more than 10% ethanol, E85 ethanol fuel or other non -recommended fuels, contaminated gasoline or other non -recommended lubricants; • shows indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications it has been altered or modified in any way from Company specifications, including but not limited to alterations to the speed braking system, electrical system, passenger capacity or seating; • has non -Company approved electrical accessories or electrical energy consuming devices installed on a gasoline powered Vehicle without installation of a heavy duty 12V battery; or FOR FURTHER INFORMATION, CALL 1-800-774-3946, GO TO TSV.COM, OR WRITE TO TSV DIVISION OF TEXTRON INC., ATTENTION: TSV CUSTOMER CARE / WARRANTY DEPARTMENT,14SI MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30906 USA. TSV P/N 64653OG21 MODEL YEAR 2021 • is equipped with non-standard tires not approved by Company. USE OF NON -APPROVED COMPANY PARTS AND ACCESSORIES: THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY COMPANY, OR WHICH WERE NOT INSTALLED BY COMPANY, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPS SYSTEMS, COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS, INFORMATION SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY: Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle, any part or component, or battery charger during the applicable Warranty Period Is that company will, at its sole option, repair or replace any defective parts. If Company elects to repair or replace a defective part, Company may at Its discretion provide a factory reconditioned part or new component from an alternate supplier. All replaced parts become the sole property of Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as COMPANY has made reasonable efforts to repair or replace the defective parts. DISCLAIMER: THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. LIABILITY LIMITATIONS: IN NO CASE SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CHARGER, OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSS, WHETHER OR NOT COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER'S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE VEHICLE FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH. DO NOT MAKE ANY SUCH MODIFICATIONSOR CHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THE LIMITED WARRANTY. COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD ADVERSELY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. DEEP CYCLE BATTERY WARRANTY LIMITATIONS, CONDITIONS AND EXCEPTIONS: • The amp hour Warranty Period for electric Vehicle batteries is as recorded by the Vehicle's controller. • Claims for battery warranty replacement require specific testing, as specified by the Company Customer Care / Warranty Department. Company, or an authorized Company dealer or distributor, should be contacted to obtain a copy of the required tests, which must be performed and corrected for temperature, based upon BCI (Battery Council International) recommendations. • NON -FACTORY INSTALLED PARTS OR ACCESSORIES INSTALLED DIRECTLY TO LESS THAN THE COMPLETE VEHICLE BATTERY PACK WILL VOID THE WARRANTY FOR THE ENTIRE BATTERY PACK. • ALL NON -FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF AN COMPANY APPROVED DC TO DC CONVERTER THAT USES ENERGY FROM ALL BATTERIES. • Electric Vehicle storage facilities must provide the following: • ample electrical power to charge all Vehicles and allow the charger to shut off automatically; • battery chargers must each have an independent dedicated 15 amp circuit; • each battery charger must be connected to its circuit with at minimum a NEMA 15-SR three -pin receptacle; • five (5) air exchanges per hour in the charging facility; • if the facility utilizes an electrical energy management system, the timer must be set to have available fourteen (14) hours of electricity; and • one (1) functional charger for each Vehicle with a proper electrical supply as specified above. OTHER COMPANY RIGHTS: • Company may perform semi-annual vehicle Inspections (directly or through assigned Company representatives) through the term of any lease. • Company may improve, modify or change the design of any Company vehicle, part or battery charger without being responsible to modify previously manufactured vehicles, parts or battery chargers. • Company may audit and inspect the Purchaser's facility, maintenance records and its Vehicles by Company representatives prior to approving a warranty claim and may contract with a third parry to evaluate the Purchaser's storage facilities, fuel storage tanks and/or batteries. AUTHORITY: No Company employee, dealer, distributor or representative, or any other person, has any authority to bind COMPANY beyond the terms of this Limited Warranty without the express written approval of the TSV Customer Care / Warranty Department. EMISSIONS CONTROL WARRANTY: The Vehicle may also be subject to an emissions control warranty, as required by the U.S. Environmental Protection Agency and California Air Resources Board, which is provided in a separate Statement with the Vehicle. FOR FURTHER INFORMATION, CALL 1-800-774-3946, GO TO TSV.COM, OR WRITE TO TSV DIVISION OF TEXTRON INC., ATTENTION: TSV CUSTOMER CARE / WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30906 USA. TSV P/N 64653OG21 EXHIBIT C INSURANCE REQUIREMENTS No Insurance is required for this Contract or Agreement. Signature: �0 P/2-Ler.(�n6Gol0gz,2 P T/- Email: rpetersen@kentwa.gov Signature: 10L �- Email: rlashley@kentwa.gov Signature: 9ccCce Pa�a�cr.�tu7o�C� Julie Parascondola (Jan 24, 2022 09:00 PST) Email: jparascondola@kentwa.gov Golf Cart -User -Agreement Final Audit Report 2022-01-24 Created: 2022-01-22 By: Ronald Lashley (rlashley@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAH7eNgMLdbMceGGc6rJeZ_Lum7F1jyH4g "Golf Cart -User -Agreement" History Document created by Ronald Lashley (rlashley@kentwa.gov) 2022-01-22 - 0:44:12 AM GMT- IP address: 146.129.252.126 Document emailed to R.D. Pete Petersen, Jr. (rpetersen@kentwa.gov) for signature 2022-01-22 - 0:47:18 AM GMT t Email viewed by R.D. Pete Petersen, Jr. (rpetersen@kentwa.gov) 2022-01-24 - 1:31:17 PM GMT- IP address: 146.129.252.126 OQ. Document e-signed by R.D. Pete Petersen, Jr. (rpetersen@kentwa.gov) Signature Date: 2022-01-24 - 4:22:51 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Ronald Lashley (rlashley@kentwa.gov) for signature 2022-01-24 - 4:22:54 PM GMT t Email viewed by Ronald Lashley (rlashley@kentwa.gov) 2022-01-24 - 4:24:14 PM GMT- IP address: 146.129.252.126 r Document e-signed by Ronald Lashley (rlashley@kentwa.gov) Signature Date: 2022-01-24 - 4:24:24 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Julie Parascondola Qparascondola@kentwa.gov) for signature 2022-01-24 - 4:24:26 PM GMT Email viewed by Julie Parascondola (jarascondola@kentwa.gov) 2022-01-24 - 4:30:32 PM GMT- IP address: 146.129.252.126 Document e-signed by Julie Parascondola Qparascondola@kentwa.gov) Signature Date: 2022-01-24 - 5:00:38 PM GMT - Time Source: server- IP address: 146.129.252.126 Document emailed to Rob Harbottle(rharbottle@pacificgolfturf.com) for signature 2022-01-24 - 5:00:40 PM GMT a Adobe Sign Email viewed by Rob Harbottle (rharbottle@pacificgolfturf.com) 2022-01-24 - 5:01:34 PM GMT- IP address: 73.35.224.2 Document e-signed by Rob Harbottle (rharbottle@pacificgolfturf.com) Signature Date: 2022-01-24 - 5:06:03 PM GMT - Time Source: server- IP address: 73.35.224.2 Agreement completed. 2022-01-24 - 5:06:03 PM GMT 8 Adobe Sign