HomeMy WebLinkAboutCity Council Committees - Parks and Human Services Committee - 01/06/2022 (2)
Unless otherwise noted, the Parks and Human Services Committee meets at 4 p.m. on the
first Thursday of each month in the Kent City Hall, Council Chambers, 220 Fourth Avenue
South, Kent, WA 98032.
For additional information please contact Ron Lashley at 253 -856-5101, or email
RLashley@kentwa.gov.
Any person requiring a disability accommodation should contact the City Clerk’s Office at
253-856-5725 in advance. For TDD relay service call Washington Telecommunications Relay
Service at 7-1-1.
Parks and Human Services
Committee
Thursday, January 6, 2022
4:00 PM
Chambers
Masks are required regardless of vaccination status.
To listen to this meeting,
call 1-888-475-4499 or 1-877-853-5257
and enter Meeting ID 838 1479 4289, Passcode 929221
Chair Zandria Michaud
Councilmember Satwinder Kaur Councilmember Toni Troutner
**************************************************************
Item Description Action Speaker Time
1. Call to Order Chair 01 MIN.
2. Roll Call Chair 01 MIN.
3. Agenda Approval Chair 01 MIN.
4. Approval of Minutes YES Chair 01 MIN.
1. Approval of October 7, 2021
Minutes
YES Chair 05 MIN.
5. Business
A. Lunar Lander / Mission
Control Contract for
Kherson Park - Authorize
YES Terry Jungman 05 MIN.
B. Riverbend Golf Complex –
Golf Cart Use Agreement
and Financing Lease
Agreements - Authorize
YES Pete Petersen 10 MIN.
C. Facilities Recap and Work
Plan - Info
NO Will Moore 20 MIN.
Parks and Human Services Committee CC Parks
Regular Meeting
January 6, 2022
D. Directors Report - Info NO Julie Parascondola 10 MIN.
6. Adjournment Chair 01 MIN.
Page 1 of 2
Pending Approval
Parks and Human Services
Committee
CC Parks Regular Meeting
Minutes
October 7, 2021
Date: October 7, 2021
Time: 4:00 p.m.
Place: Chambers
Attending: Zandria Michaud, Chair
Satwinder Kaur, Councilmember
Toni Troutner, Councilmember
Agenda:
1. Call to Order 4:00 p.m.
2. Roll Call
Attendee Name Title Status Arrived
Zandria Michaud Chair Present
Satwinder Kaur Councilmember Present
Toni Troutner Councilmember Present
3. Agenda Approval
4. Business
A. 2868 : Approval of the 2022 SKHHP Work Plan - Accept
This was a unanimous vote.
MOTION: I move to approve the 2022 South King Housing and
Homelessness Partners Work Plan as adopted by the SKHHP
Executive Board on July 23, 2021.
RESULT: MOTION PASSES [UNANIMOUS] Next: 10/19/2021 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Michaud, Kaur, Troutner
B. 2869 : Approval of the 2022 SKHHP Budget - Accept
This was a unanimous vote.
MOTION: I move to approve the 2022 South King Housing and
Homelessness Partners Budget as adopted by the SKHHP Executive
Board on July 23, 2021.
4.1
Packet Pg. 3 Minutes Acceptance: Minutes of Oct 7, 2021 4:00 PM (Approval of Minutes)
Parks and Human Services Committee CC Parks
Regular Meeting
Minutes
October 7, 2021
Kent, Washington
Page 2 of 2
RESULT: MOTION PASSES [UNANIMOUS] Next: 10/19/2021 7:00 PM
MOVER: Satwinder Kaur, Councilmember
SECONDER: Toni Troutner, Councilmember
AYES: Michaud, Kaur, Troutner
C. 2870 : Kent Arts Commission Appointments - Info
D. Kent Police Detectives Tenant Improvement Project Bid - Award
MOTION: I move to award the Kent Police Detectives Tenant
Improvement Project to Christensen Inc., General Contractor in an
amount not to exceed $134,211.90 and authorize the Mayor to sign
all necessary documents, subject to final terms and conditions
acceptable to the Parks Director and City Attorney.
RESULT: MOTION PASSES [UNANIMOUS] Next: 10/19/2021 7:00 PM
MOVER: Toni Troutner, Councilmember
SECONDER: Satwinder Kaur, Councilmember
AYES: Michaud, Kaur, Troutner
5. Adjournment p.m.
Ronald Lashley
Committee Secretary
4.1
Packet Pg. 4 Minutes Acceptance: Minutes of Oct 7, 2021 4:00 PM (Approval of Minutes)
PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: January 6, 2022
TO: Parks and Human Services Committee
SUBJECT: Lunar Lander / Mission Control Contract for Kherson Park -
Authorize
MOTION: I move to authorize the mayor to sign a Goods & Services
Agreement with Northwest Playground Equipment, in the amount of
$300,947.34, for interactive replicas of a Lunar Lander module and Mission
Control console, to be installed during the Kherson Park Renovation
project, subject to final terms and conditions acceptable to the Parks
Director and City Attorney.
SUMMARY: The purchase of these interactive replicas of NASA Apollo program
components is part of a coordinated effort between Parks, Recreation and
Community Services (PRCS) and Economic and Community Development (ECD) to
promote and celebrate the City's legacy of aero and outer space innovation by
memorializing Kent's role in aerospace history. These replicas will be part of the
Kherson Park Renovation project, located at 307 West Gowe Street, in the heart of
downtown Kent. Interactive replicas of a life-sized Astronaut and Lunar Roving
Vehicle (LRV) were purchased by the City in 2017 and 2019 respectively, for this
project. The final design phase of Kherson Park Renovation is currently underway,
with construction projected to begin June 2022.
Like the Astronaut and LRV, the Lunar Lander and Mission Control replicas are
being purchased from Northwest Playground Equipment, Inc. as a local
representative of Cre8play. Cre8Play is a custom park and play environment
fabricator who specializes in innovative and unique concepts for play elements.
Because of the custom nature of this work, PRCS recommends that Cre8Play be the
selected vendor to build the Lunar Lander and Mission Control replicas, which the
City will purchase through Northwest Playground Equipment. For these reasons, the
Mayor authorized PRCS to negotiate directly with Northwest Playground Equipment,
Inc. and waived the need for advertised bids under KCC 3. 70.110.A.3.
BUDGET IMPACT: Revenue and/or Expense impact to the Downtown Placemaking
- Lunar Rover budget
SUPPORTS STRATEGIC PLAN GOAL:
5.A
Packet Pg. 5
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
ATTACHMENTS:
1. Goods & Services Agreement (PDF)
2. Procurement Waiver Memo (PDF)
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Packet Pg. 6
GOODS & SERVICES AGREEMENT - 1
(Over $20,000, including WSST)
GOODS & SERVICES AGREEMENT
between the City of Kent and
Northwest Playground Equipment Inc.
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Northwest Playground Equipment Inc. organized under the laws of the State of
Washington, located and doing business at 345 NW Dogwood Street/PO Box 2410, Issaquah, WA 98027
(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:
As described iin attached Exhibit A, incorporated herein, provide and deliver Lunar Lander
and Mission Control interactive play elements, to be installed during the Kherson Park
Renovation project.
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
complete the work and provide all goods, materials, and services by 07/31/2022.
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $300,947.34,
including applicable Washington State Sales Tax, for the goods, materials, and services contemplated in this
Agreement. The City shall pay the Vendor the following amounts according to the following schedule:
Vendor will invoice the City upon the occurrence of the following events, and the City agrees
to pay such invoices within 30 days of its receipt and acceptance:
• Upon full execution of the Agreement and upon the City's placement of its order -
$135,426.30
• Upon Vendor's shipment of the product - $81,255.78
• Upon the City's receipt and acceptance of the deliver and conforming product -
$84,265.26
Final payment is contingent upon full inspection and acceptance of delivered product by the
City as conforming to specifications. Acceptance of delivery does not constitute full acceptance
of product.
5.A.a
Packet Pg. 7 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
GOODS & SERVICES AGREEMENT - 2
(Over $20,000, including WSST)
Card Payment Program. The Vendor may elect to participate in automated credit card payments
provided for by the City and its financial institution. This Program is provided as an alternative to payment
by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this
Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card
companies. The Vendor shall not charge those fees back to the City.
If the City objects to all or any portion of an invoice, it shall notify the Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every
effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the
Vendor for any defective or unauthorized goods, materials or services. If the Vendor is
unable, for any reason, to complete any part of this Agreement, the City may obtain the
goods, materials or services from other sources, and the Vendor shall be liable to the City for
any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum Agreement
price specified above. The City further reserves its right to deduct these additional costs
incurred to complete this Agreement with other sources, from any and all amounts due or to
become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR’S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND
IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS
MADE.
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. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
5.A.a
Packet Pg. 8 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
GOODS & SERVICES AGREEMENT - 3
(Over $20,000, including WSST)
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, the Vendor must submit a written amendment request to the
person listed in the notice provision section of this Agreement, Section XV(D), within fourteen (14) calendar
days of the date the Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment. If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for
that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must
complete the amended work; however, the Vendor may elect to protest the adjustment as provided in
subsections A through E of Section VIII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by the
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of delays related to any work, either
covered or affected by the change.
VII. FORCE MAJEURE. 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.
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.
VIII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination
by the City, the Vendor may file a claim as provided in this section. The Vendor shall give written notice to
the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the
claims, or within fourteen (14) calendar days of the date the Vendor knew or should have known of the facts
5.A.a
Packet Pg. 9 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
GOODS & SERVICES AGREEMENT - 4
(Over $20,000, including WSST)
or events giving rise to the claim, whichever occurs first . Any claim for damages, additional payment for
any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed
to have been waived by the Vendor unless a timely written claim is made in strict accordance with the
applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in subsections A, items
1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY
THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or disruption
if the Vendor is asserting a schedule change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result
of the asserted events giving rise to the claim. The City shall have access to any of the
Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
IX. 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.
X. 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. 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
5.A.a
Packet Pg. 10 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
GOODS & SERVICES AGREEMENT - 5
(Over $20,000, including WSST)
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. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall pay
all costs incurred by the City in order to accomplish the correction.
XI. 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.
XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its 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 City's
negligence.
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
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.
XIII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference.
XIV. 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.
XV. 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
5.A.a
Packet Pg. 11 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
GOODS & SERVICES AGREEMENT - 6
(Over $20,000, including WSST)
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 XII 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.
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be
subject to public review and disclosure, even if those records are not produced to or possessed by the City
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
5.A.a
Packet Pg. 12 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
GOODS & SERVICES AGREEMENT - 7
(Over $20,000, including WSST)
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
By:
Print Name:
Its
DATE:
CITY OF KENT:
By:
Print Name: Dana Ralph
Its Mayor
DATE:
NOTICES TO BE SENT TO:
VENDOR:
Chris McGarvey
Northwest Playground Equipment
PO Box 2410
Issaquah, WA 98027
425-313-9161 (telephone)
chris@nwplayground.com (email)
NOTICES TO BE SENT TO:
CITY OF KENT:
Terry Jungman
City of Kent
220 Fourth Avenue South
Kent, WA 98032
(253) 856-5112 (telephone)
tjungman@kentwa.gov (email)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
P:\Planning\Kherson Park\Redevelopment 2019-20\Replica Lander and Mission Control\NW Playground-Lander & Mission Control Mfr-CONTRACT
5.A.a
Packet Pg. 13 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
EEO COMPLIANCE DOCUMENTS - 1 of 3
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.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
5.A.a
Packet Pg. 14 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
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.
5.A.a
Packet Pg. 15 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
EEO COMPLIANCE DOCUMENTS - 3 of 3
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 that was entered into on
the (date), between the firm I represent and the City of
Kent.
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: ________________________________________
5.A.a
Packet Pg. 16 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
To:Quote #11/23/21-MCG-1
Re:Date:11/23/2021
Contact Name:Terry Jungman Phone:
Email:TJungman@KentWA.gov Fax:
Item #Qty Price Total Price
CUST 1 90,800.00$
CUST 1 221,200.00$
Equipment Subtotal 312,000.00$
Northwest Playground Equipment Discount: NPEI 8.00%(24,960.00)$
11,300.00$
Equipment Total (less tax)298,340.00$
-$
-$
LESS Original Design Contract: (25,000.00)$
Bond or CC Convenience Fee:Performance Bond (If Required):3.0%-$
Location Code:Resale Certificate Required for Tax Exemption:Tax:10.1%27,607.34$
ORDER TOTAL:300,947.34$
Title Customer Signature Date
CERTIFIED INSTALLATION
Northwest Playground Equipment, Inc.
PO Box 2410, Issaquah, WA 98027-0109
Phone (425) 313-9161 FAX (425) 313-9194
Email: sales@nwplayground.com
253-856-6050
EQUIPMENT
Description
Cre8Play
QUOTE
City of Kent
Kherson Park
253-856-5112
Thank you for considering Northwest Playground Equipment, Inc. for your
Park, Playground, Shelter and Sports Equipment requirements.
Mission Control
Lunar Lander
Cre8Play
All quotes are subject to material and fuel surcharges.
Acceptance of Proposal:
Installation is NOT provided but AVAILABLE Upon Request
Installation Total:
(Please be sure you have read, signed, initialed and understand the Terms and Conditions on Page 2 of this Quote)
The items, prices and conditions listed herein are satisfactory and are hereby accepted.
Freight:
This quote is only valid for 30 days.
PAGE 1 of 2 Revised 5.11.21
EXHIBIT A5.A.a
Packet Pg. 17 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
EXHIBIT B
TNSURANCE REQUTREMENTS FOR
SERVICE CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liabilitv insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The City shall be named as an insured under the
Contractor's Commercial General Liability insurance policy
with respect to the work performed for the City using ISO
additional insured endorsement CG 20 10 11 85 or a
substitute endorsement providing equivalent coverage.
2. Automobile Liability insurance covering all owned, non-
owned, hired and leased vehicles. Coverage shall be written
on Insurance Services Office (ISO) form CA 00 01 or a
substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide
contractual liability coverage.
3. Workers'Compensation coverage as required by the
Industrial Insurance laws of the State of Washington,
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability lnsurance shall be written with
limits no less than $2,000,000 each occurrence, $2,000,000general aggregate and a $2,000,000 products-completed
operations aggregate limit.
2. Automobile Liabilitv insurance with a minimum combined
single limit for bodily injury and property damage of
$1,000,000 per accident.
5.A.a
Packet Pg. 18 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
1
EXHIBIT B (Continued)
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Automobile Liability and Commercial General Liability
insurance:
The Contractor's insurance coverage shall be primary insurance as respect
the City, Any Insurance, self-insurance, or insurance pool coverage
maintained by the City shall be excess of the Contractor's insurance and
shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall
not be cancelled by either party, except after thirty (30) days prior
written notice by certified mail, return receipt requested, has been given
to the City.
3. The City of Kent shall be named as an additional insured on all policies
(except Professional Liability) as respects work performed by or on behalf
of the contractor and a copy of the endorsement naming the City as
additional insured shall be attached to the Certificate of Insurance, The
City reserves the right to receive a ceftified copy of all required insurance
policies. The Contractor's Commercial General Liability insurance shall
also contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than A:VIL
E. Verification of Coverage
Contractor shall furnish the City with original ceftificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
5.A.a
Packet Pg. 19 Attachment: Goods & Services Agreement (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
CITY OF KENT
PARKS, RECREATION & COMMUNITY SERVICES
Julie Parascondola, Director
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6050
PHONE: 253-856-5100 Memo
To: Dana Ralph, Mayor
From: Julie Parascondola, Director
CC: Brian Levenhagen, Deputy Director
Date: December 13, 2021
Re: Request for Waiver of Bidding Requirements Pursuant to KCC 3.7.110 for Purchase
of the Lunar Lander and Mission Control Play Elements
The City’s Parks, Recreation, and Community Services (PRCS) Departments requests an
exception to the competitive bidding requirements under KCC 3.7.110 (A)(3) to purchase the
Lunar Lander and Mission Control Play Elements from Northwest Playground Equipment, Inc. as
a local representative of Cre8Play. The cost to design and build the Lunar Lander and Mission
Control Play Elements is estimated to be $300,947.34 which would typically require that the City
advertise bids under KCC 3.70.08(D).
The purchase of these interactive play elements, based on the NASA Apollo program, is part of
an ongoing coordinated effort between Parks, Recreation and Community Services (PRCS) and
Economic and Community Development (ECD) to promote and celebrate the City's legacy of aero
and outer space innovation by memorializing Kent's role in aerospace history. These components
will be part of the Kherson Park Renovation project, located at 307 West Gowe Street, in the
heart of downtown Kent. A life-size Astronaut and Lunar Roving Vehicle (LRV) replica were
purchased by the City in 2017 and 2019 respectively for this project. The final design phase of
Kherson Park Renovation is currently underway, with construction projected to begin June 2022.
The Lunar Lander and Mission Control replicas are being purchased from Northwest Playground
Equipment, Inc. as a local representative of Cre8play. Cre8Play is a custom park and play
environment fabricator who specializes in innovative and unique concepts for play elements. Their
creativity and fabrication methods make them the only playground manufacturer capable of
implementing the space-themed concepts proposed for Kherson Park. PRCS contracted with
Cre8Play for the fabrication of the LRV and Astronaut structures and found them to be more than
capable of taking ideas from concept to implementation. Because of the custom nature of this
work, and to be certain the pieces are consistent and match, PRCS recommends that Cre8Play
be the selected vendor to build the Lunar Lander and Mission Control replicas.
KCC 3.70.110(A) allows the Mayor to waive the bidding requirements for the purchase of goods,
materials, equipment, or services that are not part of a public work upon a finding that the bidding
requirements would otherwise not be practicable or in the City’s best interests under the
circumstances.
5.A.b
Packet Pg. 20 Attachment: Procurement Waiver Memo (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
Page 2
For the reasons stated above, I do not believe it is practicable to bid the purchase of the Lunar
Lander and Mission Control Replicas and that it is in the City’s best interest to directly negotiate
a goods and services agreement with Northwest Playground Equipment, Inc. and request that
you authorize the waiver of the competitive bidding requirements by signing below. If you
authorize staff to directly negotiate with Northwest Playground Equipment, the resulting contract
will be brought before Council for approval prior to the contract’s execution by the City.
Thank you for your consideration.
APPROVED:
________________________________ __ ______________________________
Mayor Dana Ralph Date
5.A.b
Packet Pg. 21 Attachment: Procurement Waiver Memo (2982 : Lunar Lander / Mission Control Contract for Kherson Park)
PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: January 6, 2022
TO: Parks and Human Services Committee
SUBJECT: Riverbend Golf Complex – Golf Cart Use Agreement and
Financing Lease Agreements - Authorize
MOTION: I move to authorize the Mayor to sign all necessary documents to
lease 72 golf carts and three maintenance carts from Pacific Golf and Turf,
LLC through The Huntington National Bank for a 4-year term that will
commence upon the date the equipment is received by the City and the
bank remits payment to Pacific Golf and Turf, subject to final agreement
terms and conditions acceptable to the Parks Director and City Attorney.
SUMMARY: Every four years, the Riverbend Golf Complex enters into a new
operating lease for golf carts and maintenance utility carts. Through a formal
recruitment process, the Parks Department has selected Pacific Golf and Turf. The
four year operating lease with Pacific Golf and Turf will include 36 electric golf carts,
36 gas-powered golf carts, and 3 utility golf carts. These carts are critical to the
overall customer experience and playability at the course and allow Riverbend to
keep its on-site maintenance costs low and public equipment in high-quality
condition.
The lease agreement is with Pacific Golf and Turf, LLC and their financing company,
The Huntington National Bank, which includes four different documents for review
and signature—a use agreement with Pacific Golf and Turf, the equipment vendor,
and three lease agreements with the bank financing the lease, The Huntington
National Bank. The total cost of the golf cart lease over the four year term is
$333,277.29, with an annual cost of $83,319.32, which is budgeted in the
Riverbend Golf Complex's 2022 adopted budget and subsequently into the 2023-
2025 budgets. These financial impacts are offset by golf cart revenue via fees
charged to customers for cart rental. Note: Sales tax is not included in the three
maintenance carts (the rental carts we are not required to pay sales tax on them
since it's a resale item.)
BUDGET IMPACT: Riverbend Golf Complex Enterprise Fund
SUPPORTS STRATEGIC PLAN GOAL:
Innovative Government - Delivering outstanding customer service, developing leaders, and
fostering innovation.
5.B
Packet Pg. 22
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
ATTACHMENTS:
1. Use Agreement (DOCX)
2. Exhibit A - Specifications (PDF)
3. Exhibit B - Warranties (PDF)
4. Exhibit C - Insurance (PDF)
5. Three Lease Agreements with The Huntington National Bank (PDF)
5.B
Packet Pg. 23
GOLF CART USE AGREEMENT - 1
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 1200G EFI utility carts; and
• One (1) 2022 Cushman Hauler 1200G EFI range picker cart.
in accordance with the specifications attached a nd 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 wi ll 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
5.B.a
Packet Pg. 24 Attachment: Use Agreement (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
GOLF CART USE AGREEMENT - 2
$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 MAJEURE. 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 a ny 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 e vent 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.
5.B.a
Packet Pg. 25 Attachment: Use Agreement (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
GOLF CART USE AGREEMENT - 3
If a force majeure event occurs, th e 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 proj ect 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 provi sions 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 specification s
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, sexua l 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, excep t 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
5.B.a
Packet Pg. 26 Attachment: Use Agreement (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
GOLF CART USE AGREEMENT - 4
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, rul es
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 no tified 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 Agre ement
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 p rior 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 mad e 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.
5.B.a
Packet Pg. 27 Attachment: Use Agreement (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
GOLF CART USE AGREEMENT - 5
H. Compliance with Laws. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to the Vendor's
business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of
the performance of those operations.
I. Public Records Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be
subject to public review and disclosure, even if those records are not produced to or possessed by the City
of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and
obligations under the Public Records Act.
J. City Business License Required . Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the
Kent City Code.
K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied.
VENDOR:
PACIFIC GOLF & TURF, LLC
By:
Print Name:
Its
DATE:
CITY:
CITY OF KENT
By:
Print Name: Dana Ralph
Its Mayor
DATE:
5.B.a
Packet Pg. 28 Attachment: Use Agreement (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
GOLF CART USE AGREEMENT - 6
NOTICES TO BE SENT TO:
VENDOR:
Attn:______________________
Pacific Golf & Turf, LLC
__________________________
__________________________
(___) ___-_____ (telephone)
(___) ___-_____ (facsimile)
NOTICES TO BE SENT TO:
CITY OF KENT:
Attn: ___________________
City of Kent
Department of Parks, Recreation,
and Community Services
220 Fourth Avenue South
Kent, WA 98032
(253) 856-_____ (telephone)
(253) 856-______ (facsimile)
APPROVED AS TO FORM:
Kent Law Department
ATTEST:
Kent City Clerk
5.B.a
Packet Pg. 29 Attachment: Use Agreement (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
GOLF CART USE AGREEMENT
Exhibit C – Insurance Requirements
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.
By: __________________________________________
For: _________________________________________
Title: ________________________________________
Date: ________________________________________
5.B.a
Packet Pg. 30 Attachment: Use Agreement (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
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 SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
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.
5.B.a
Packet Pg. 31 Attachment: Use Agreement (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
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 that was entered into on
the (date), between the firm I represent and the City of
Kent.
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: ________________________________________
5.B.a
Packet Pg. 32 Attachment: Use Agreement (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
GOLF CART USE AGREEMENT
Exhibit A – Specifications
EXHIBIT A
SPECIFICATIONS
5.B.b
Packet Pg. 33 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
Electric Golf Cart Soecifications
Quantity:
Power Source:
Horsepower:
Batteries:
Water Fill System:
Charger:
Battery Meter:
Color:
Bumpers:
Roof/Canopy:
Windshield:
Seat:
Tire Size:
Wheel Covers:
Sweater Basket:
Cup Holders:
Ball and Tee Holders:
Dash:
Bag/Club Cover:
Information Holder:
Number Decals:
36 Electric fleet golf carts
48-volt electric motor
3.3 HP/2.4 kW (Minimum), prefer 4.4 HP/3.3kW
Six (6) 8-volt deep cycle batteries, prefer Trojan batteries
Warranty: Minimum 4Years/25,000 amp hours
Factory easy fill watering system on all cafts
Factory U.L. Listed and C.S.A. Certified 48-volt charger
and charging cord (1 each Per caft)
Factory battery meter, dash mounted (1 per cart)
Factory color - Slate/Platinum/Moonstone
(Prefer molded body color over paint)
5 mph impact resistant front and rear bumpers
Black roof and canopy suPPorts
Factory, two (2) piece folding windshield
Factory - Color: Black
4-ply rated (minimum)
Silver Factory wheel covers/hub cabs (4 per cart)
Factory sweater basket
Factory cup holders
Factory ball and tee holders
USB port(s)
Factory rear bag/club cover - Color: Black
Factory, front facing information holder (1 per caft)
Factory number decals (2 Per cart)
5.B.b
Packet Pg. 34 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
Gas Powered Golf Cart Specifications
Quantity:
Engine:
Battery:
Fuel Capacity:
Color:
Bumpers:
Roof/Canopy:
Windshield:
Seat:
Tire Size:
Wheel Covers:
Sweater Basket:
Cup Holders:
Ball and Tee Holders:
Dash:
BaglClub Cover:
Information Holder:
Number Decals:
36 Gas powered fleet golf cafts
Gas - Electronic Fuel Injection, 4 cycle low emissions
12-volt maintenance free (Minimum 2'year Warranty)
5.2 gallons/20.0 L (Minimum)
Factory color - Slate/Platinum/Moonstone
(Prefer molded body color over paint)
5 mph impact resistant front and rear bumpers
Factory roof/canopy and suppofts - Color: Black
Factory, two (2) piece folding windshield
Factory - Color: Black
4-ply rated (minimum)
Silver Factory wheel covers/hub cabs (4 per caft)
Factory sweater basket
Factory cup holders
Factory ball and tee holders
USB port(s)
Factory rear bag/club cover - Color: Black
Factory, front facing information holder (1 per caft)
Factory number decals (2 Per cart)
5.B.b
Packet Pg. 35 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
Marshal Golf Cart Soecifications
Quantity
Engine:
Battery:
Fuel Capacity:
Color:
Bumpers:
Roof/Canopy:
Windshield:
Seat:
Tire Size:
Wheel Covers:
Sweater Basket:
Cup Holders:
Ball and Tee Holders:
Dash:
BaglClub Cover:
Information Holder:
Number Decals:
2 Gas powered marshal golf cafts
Gas - Electronic Fuel Injection, 4 cycle low emissions
12-volt maintenance free (Minimum Z-year Warranty)
5.2 gallons/20.0 L (Minimum)
Factory color - Flame Red/Sangria/Garnet
(Prefer molded body color over paint)
5 mph impact resistant front and rear bumpers
Factory roof/canopy and supports - Color: Black
Factory, two (2) piece folding windshield
Factory - Color: Black
4-ply rated (minimum)
Silver Factory wheel covers/hub cabs (4 per cart)
Factory sweater basket
Factory cup holders
Factory ball and tee holders
USB port(s)
Factory rear bag/club cover - Color: Black
Factory, front facing information holder (1 per cart)
Factory number decals (2 Per cart)
5.B.b
Packet Pg. 36 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
Utilitv Vehicles
Quantity:
Power Source:
Displacement:
Horsepower:
Cooling:
Battery:
Color:
Bumpers:
Roof/Canopy:
Windshield:
Fuel Capacity:
Rear Cargo Bed:
Bed Capacity:
Tire Size:
Headlights:
Taillights:
Cup Holders:
Dash:
Keys:
Towing:
Towing Capacity:
Two (2) gas powered golf cart style utility vehicles/cafts
Gas - Electronic Fuel Injected, 4 cycle low emissions
400 cc (Minimum)
13.5 HP (Minimum)
Air cooled
12-volt maintenance free (Minimum 2'year warranty)
Green (Prefer molded body color over paint)
Front bumper with heavy duty brush guard, rear bumper
equipped with 2" hitch receiver
Factory rooflcanopy and suppofts - Color: Black
Factory, two (2) piece folding windshield
5.2 gallons/20.0 L (Minimum)
Factory
300 lbs. (Minimum)
20x8-10 turf tires, 6-ply rated (minimum)
Factory front headlights
Factory rear taillights
Factory cup holders
USB port(s)
Factory keys (2 Per caft)
Factory 2" rear tow hitch/receiver
500 lbs. rolling weight and 100 lbs. towing weight
(Minimum)
5.B.b
Packet Pg. 37 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
Drivino Ranoe Picker Utility Vehicle
Quantity:
Power Source:
Displacement:
Horsepower:
Cooling:
Battery:
Color:
Bumpers:
Roof/Canopy:
Doors:
Windshield:
Fuel Capacity:
Rear Cargo Bed:
Bed Capacity:
Tire Size:
Headlights:
Taillights:
Cup Holders:
Dash:
Towing:
Towing Capacity:
One (1) gas powered golf caft style utility vehicles/cafts
Gas - Electronic Fuel Injected, 4 cycle low emissions
357 cc (Minimum)
11.5 HP (Minimum)
Air cooled
12-volt maintenance free (Minimum 2-year warranty)
Green (Prefer molded body color over paint)
Front bumper with driving range picker bracket, rear
bumper equipped with 2" hitch receiver
Factory driving range protective enclosure
Factory driving range protective enclosure
Factory driving range protective enclosure
5.2 gallons/20.O L (Minimum)
Factory
300 lbs. (Minimum)
20x8-10 turf tires, 6-ply rated (minimum)
Factory front headlights
Factory rear taillights
Factory cup holders
USB port(s)
Factory 2" rear tow hitch/receiver
500 lbs. rolling weight and 100 lbs. towing weight
(Minimum)
5.B.b
Packet Pg. 38 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
ITACIFIC 6 A Textron ComPanY
JoHw Deene coLF\GOLF&TURF
Presented To:
R,D. Pete Petesen, lr.
Riverbend Golf ComPlex
2019 West Meeker Street
Kent, WA 98032
Prepared Bv
Rob Harbottle
Sales Representative
(2s3) s08-91s2
rharbottle@oacif icsolft urf.com
Any changeto the occessory fist must be obtdined inwtiting dt teost 45 doys ptiot to ptoduction dote
Locotion
35 Course Logo Center Front Cowl
Locotion Numbet
72 Die Cut One Per Side 1TO35
*club is Responsible for logo ortwotk 45 doys priorto fleet delivery
Accepted By:Date:
Title:
Pacific Golf & Turf
Accepted By:
Tirle:
QTY MODEL vElilcrE cotoR sEArwPE/COIOR
36 RXV EtiTE LITHIUM Platinum Standard Factory Seat Black
INCTUDED ACCESSORIES
QTY ACCESSORV ACCESSORY DErAllS / COIOE
35 Black
36 Wheel Covers Platinum
36 standard Tire and Wheel S" Standard 4 Tire and Wheel
36 Windshield E-Z-GO Windshield
36 Holder
35 Pro Covers Black
35 Ports Standard lnstall
36 of Cha Meter standard lnstall
L Tool
35 Factorv Freisht
35 Fleet lnstalation / Local Delivery
SPECIAT CONSIDERATIONS
Date:
5.B.b
Packet Pg. 39 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
PACIFIC B A Textron ComPanY
JONru DEERE GOLF\GOLF &TURF
Presented To:
R.D. Pete Petesen, Jr,
Riverbend Golf Complex
2019 West Meeker Street
Prepared Bv
Rob Harbottle
Sales Representative
(2s3) s08-91e2
wA 98032
QTY MODET Teams UNIT PRICE TOTAT MONT1ILY PRICE
36 RXV EL|TE LITHIUM 48 Month Seasonal PaY 8/4 5 L42.O8 s 5,tL4.88
)
s )
s s
s s
s 5,114.88NET TOTAL
l- Customer dcknowledges they hdve received o full inspection rcpoft (dttqched) detailing the cuffent conditon of the trdde in / Lease return Vehicles
2- customer understonds that excess ddmoges to Leose Terminotion vehictes will he odded to the cost of the rcplocement fleet os specified in this qgreement'
3- Customer understonds that trade in vslues ar bosed on the condition of the vehicles on the dote of the fleet inspection.
and vehicles is the customer,
Leose
Lost to be mdde:
PROPOSED LEASE DETAILS
Payment Schedule:
Expected Delivery:
48 Month Lease Seasonal PaY
November 2021
Payment Months:
First Pay:
March-October
Additional lnformation :
PROPOSAT EXPIRATION DATE:
This Proposal is valid thtough _d"livery ddte is subiect to chdnge based on product avqildbility.
Accepted By:Oate:
Ttfle:
Pacific Golf & Turf
Accepted By:
Tltle:
CIAL D
TRADE / TEASE TERMINATION
TOTATVALUE PER CARCONDITIONYEAR MODEIqw
So,oo
so.o0
So.oo
so.oo
pdyments dre dre no
tdxe or
os
ldte
Date:
5.B.b
Packet Pg. 40 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
PACIFIC 6 A Textron ComPanY
JOHTTT DEENE GOLF\GOLF&TURF
Presented To:
R.D. Pete Petesen, lr.
Riverbend Golf ComPlex
2019 West Meeker Street
Kent, WA 98032
Prepared Bv
Rob Harbottle
Sales Representative
(2s3) so8-s192
rharbottle@ oacif iceolft urf .com
Any chonge to the occetsory listmustbe obtoined in witing dt leost45 doys priot to ptoduction dote'
Locdtion Logo
35 Course Logo Center Front Cowl
Locdtion Numberc Number
72 Die Cut Numbers One Per Side 1TO36
*ctub is Responsibte fot logo ottwotk 45 doys priot to fleet delivery
SPECIAT CONSIDERATIONS
Accepted By:Date:
Tifle:
Pacific Golf & Turf
Accepted By:
QTY MODEI VEHICLE COTOR SEATTVPE /coroR
36 RXV GAS Platinum Standard Factory Seat Black
INCLUDED ACCESSORIES
qrv ACCESSORY ACCESSORY DETAITS / COTOR
36 fop Assembly Black
35 Wheel covers Platinum
36 E-Z-GO Windshield
36 Holder
35 ub Pro Covers Black
1 Manual Kit
1 Handheld Diagnostic Tool
35
35 Fleet lnstalation / Local Delivery
Title
Date:
5.B.b
Packet Pg. 41 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
PACIFIC B A Textron ComPanY
JonN DEENE GOLF\GOLF &TURF
Presented To:
R.D, Pete Petesen, tr'
Riverbend Golf ComPlex
20L9 West Meeker Street
Kent, WA 98032
Prepared Bv
Rob Harbottle
Sales Representative
(2s3) so8-91e2
qw MODEL Terms UNlT PNICE TOTAI MONTHTY PRICE
36 RXV GAS 48 Month Seasonal PaY 8/4 5 722.O1 s 4,392.35
s
s s
s s
s 5
$4,592,16NET TOTAL
customer acknowledges they hove rcceived d fult inspection repoft (dttoched) detditing the cuffent conditon of the trude in / Lease return vehicles
customer understonds thot excess domoges to Leose Terminotion vehicles wilt be added to the cost of the rcplocement fleet os specit'ied in this ogreement
Customer understands thattrode in values or bqsed on the condition of the vehicles on the date of the fleet inspection,
ond new vehicles &the customer.
Ledse
Lost to be mode:
PROPOSED LEASE DETAILS
Payment Schedule:
Expected Delivery:
48 Month Lease Seasonal PaY Payment Months
First Pay:
March-october
October 2021
Additional I nformation:
PROPOSAL EXPIRATION DATE:
This Proposol is valid thtough _delivery date is subiect to change bdsed on product ovdilobility'
Accepted By:Date:
nfle:
Pacific Golf & Turf
Accepted By:
Title:
TMDE / TEASE TERMINATION
TOTATVATUE PER CARCONDITIONYEAR MODELqw
s0.00
So.oo
so,oo
so.oo
dre current are no
toxe or
ds
lote
Date:
5.B.b
Packet Pg. 42 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
PACIFIC
@
A Textron ComPanY
Jouw Deene coLF\GOLF&TURF
Presented To:
R.D. Pete Petesen' tr.
Riverbend Golf ComPlex
2019 West Meeker Street
Kent, WA 98032
Prepared Bv
Rob Harbottle
Sales Representative
(2s3) s08-9192
rharbottle@ pacif icsolfturf .com
Any chonge to the occesery IIst must be obtolned ln wrlttng ot teost 45 doys ptlot to prcdudlon dote'
Locotion
2 Course LoSo center Front Cowl
Locotion Numhet
4 Die Cut Numbersl One Per Side tro2
rclub is Responsibte lot logo ottwotk 45 doys ptiu to fleet dellvery
Accepted By:Date:
Ttfle:
Pacific Golf & Turf
Accepted By:
Title:
StandardFacto@Flame RedRXV GAS2
Black35
PlatinumCovers36
Tire and Wheel8" Standard 4Tire and Wheel36
wlndshieldE-Z-GO36
Holder36
Blackclub Pro Covers35
ToolHandheld1
2
Fleet lnstalatlon / Local Delivery2
Date:
5.B.b
Packet Pg. 43 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
PACIFIC
@
A Textron ComPanY
Jout t DeEnE GoLF\GOLF &TURF
Presented To:
R,D, Pete Petesen, tt.
Riverbend Golf ComPlex
2019 West Meeker Street
Prepared Bv
Rob Harbottle
Sales Representative
(2s3) s08-9192
wA 98032
QTY MODET Taatnt ut{lT Pnlct IOTAL MOI{TIIIY PRICE
2 RXV GAS INCLUDED AT NO CHARGE FOR TERM s s
s s
s s
s s
s s
sNET TOTAL
customet ocknowledgesthey hove rcceived o lull inspection repoft (oftoched) detoiting the curent conditon ol the trcde in / Leose rctum vehicles
customef unde$tondsthot excess domogesto Leose Tetminotion vehictes will be added to the cost olthe rcplocementfleet os specilied in this agrcemenL
Customet undetstondsthottrude in volues or bosed on the condition ofthe vehicles on the dote of the fleet inspection
vehicles &the customet.
Ledse
Lost to be mode:
PROPOSED LEASE DETAILS
Payment Schedule:
Expected Delivery:
48 Month Lease Seasonal PaY Payment Months:
First Pay:
March-October
July-2021 AUE-aOZL
Additional lnformation
PROPOSAI. EXPIRATION DATE:
This ptoposal is volid through 4hl2o21- delivery dote is subiect to chonge bosed on product ovoilobility.
Acc€pted By:Date:
Tifle:
Pacific Golf & Turf
FINANCIAL
tnaDE / rEAsE TEnMNAIIOI{
TOTATCONDITIONVATUE PER CARYEAR MODETqTY
so.oo
s0.oo
so.oo
s0.00
pdyment| ofe cwrent ond thete ore nods stoted obove.
toxe
Title:
Date:
5.B.b
Packet Pg. 44 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
PACIFIC\GOLF &TURF B A Textron Company
Joxw Deene coLF
Presented To:
R.D. Pete petesen, h.
Riverbend Golf Complex
2019 West Meeker Street
Kent, WA 98032
Prepared Bv
Rob Harbottle
Sales Representative
(2s3) s08-9192
rharbottle@pacificsolfturf.com
qTY MODET vEHtctE cotoR SEATTYPE / COroR
Hunter Green3HAUTER 12OOG EFI
qw MODEI
HAUTER 12OOG EFI
T€rms
48 Month Seasonal pav 8/4
UI{ITPRICE
s 274.87
?OTAT MONTHTY PRIGE
)824.43
s
s
s
s
s 824.43TOTAI.
Leose
Ldst to be
PROPOSED LEASE DETAILS
Payment Schedule:
Expected Delivery:
48 Month Lease Seasonal Payment Months:
First Pay:Octob€r 2O21
March-October
Accepted By:
Date:
Tifle:
Pacific Golf & Turf
Accepted 8y:
Titler
qw ACCESSORY
3 ACC€SSORY DE AITS coroRGas EFI
3 LB Vehicle
3 800 LB Bed
3 L8
3 Foot
Meter
3 Fuel
1 Picker
1
3 Black
3 [ocal
I.EASE TERMINATION
qTY YEAR MODEI.VAI.UE PER CAR TOTAL
s0.00
CONDITION
So.oo
s0.00
qre curent ofe no
05 prevlous
Date:
5.B.b
Packet Pg. 45 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
UNMATCHED POWER AND EFFICIENCY.
proven to exceed expectotions ond detiver gotfers with on uncompromised experience, the E-Z-GO@ RXV is o gotf cor Like
no other. Whether you choose the EXI gos engine or 48-vol.t AC etectric drivetroin, the RXV is the most odvonced vehicte in
the industry. The 48-vott Ac et.ectric modeL hos potented lntettiBroke'" technotogy, which provides superior efticiency ond
on outomotic porking broke, The tirst of its kind, EXI cl.osed-Loop EFI gos engine deLivers o gos gol'f corwith o refined driving
experience ond unmotched energy efficiencies. Whether gos or eLectric is the right choice for your course, the RXV wiLt
provide on unporol.{.eled ownership ond gol'fer experience.
IN DUSTRY'S
MOST EFFIGIENT
VEHICLE
ADVANCED
INTELLIBRAKETM
TECH NOLOGY
48V AC OR EXI
GAS ENGINE WITH
CLOSED-LOOP EFI
5.B.b
Packet Pg. 46 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
RXV'fI
la
DIMENSIONS
OVERALL LENGTH
OVERALL WIDTH
OVERALL HEIOHT (W/O CANOPY)
oVERALL HEIOHT (W/ CANOPY)
WHEEL BASE
FRONT WHEEL TRACK
REAR WHEEL TRACK
OROUNO CLEARANCE
@ DIFFERENTIAL
POWER
POWER SOURCE
HORSEPOWER (KW)
ELECTRICAL SYSTEM
BATTERTEg (TYPE)
KEY OR PEDAL START
BATTERY CHAROER
SPEED CONTROLLER
DRIVETRAIN
TRANSAXLE
OEAR SELEOTION
REAR AXLE RATIO
KEY S|WITCH
PERFORMANCE
SEATiNG CAPACITY
DRY WEIOHT
CURB WEIGHT
VEHICLE LOAD CAPACITY
OUTSIDE CLEARANCE CIRCLE
gPEED (LEVEL OROUND)
TOWING CAPACITY
STEERING & SUSPENSION
ELECTRIC
48-Volt AC
4.4 hp (3.3 kw) contlnuous
48-Vott
Foun l2 vott Doep Cycte
94.5 In (24o cm)
47.o ln (ll9 cm)
47.5in 02r cm)
70 ln (l7g cm)
65,7 in (167 cm)
35.5 :n (9o cm)
38,o in (97 cm)
4.o ln (locm)
Pedot
GAS
4 Cycte, 9.15 cu in (l50 cc)
ll.5 hp (9.6 kW) J1995 stondord
Brushless DC lnter;lot Stortor Generotor
One, l2-vott Molntenonc6-Free'ru
KEY FEATURES
. Modern Design
. Modern Dosh with Lorge CuphoLders
' lmpoct-Resistont BumPers
' Oversized Bog Wett
' Optionot FoLd-Down windshietd
' Optionot Reor-Focing Seot AvoiLoble
in RXV 2+2
ELECTRIC
. Automotic Porking Broke with
Advonced I ntettiBrokerM Technotogy
. Siote ol Chorge Meter
. DC/DC Converter
' 48-Vott Bottery Chorger
' I ndependent front susPension
oAs
. lndustry's most efficient gos engine
. Superior Performonce
. Perfectty tuned Power
. Refined HondLing
' CLosed-loop EFI system
. lndustry's Greenest Engine
. lndustry's Most Eff icient Oos Engine
. Ctosed-Loop EFI SYStem
. lndustry's Lowest OperotionoL Costs
Leod Acld Chorgon Sc-44 (3'O M) DC Cord
235-omp Solid-Stoto AC Controtter
Motor tholt Diroct Drlv€
Limited Stip DlfferentiaI
Foruord-Neutrot_Revgrse lnt€grotod
t6.99t
unlquE GrouP, Unlqu6 lhdlvlduoL
rg.a ft (s.a m)
a-rsmph (13-24kph)
2_Possenger
s6E rb (28e.3 ks) I "tu
,b (3o7 ks)
I9O5 rb (41O.s k9) | eea tb (314 ks)
60O-aOO rb (227-36O kg)
Continuouaty vorioblo TronEmission (cVT)
Dlfferentiot W/ Helicot Geors
FoNord-R6verse
ll:47:l (Forword) l4:35:l (Reverse)
N/A
r9.o ft (5.4 m)
12 mph I 0,6 mph (19.3 kph I o.8 kph)
www.ezgo,com
N/A
Thr€e E-Z-GO Gott Cors with Approved Permohent Tow Bor
STEERINO
3U€PEN9ION
SERVICE BRAKE
PARKINO BRAKE
TIRES
BODY & CHASSIS
Doubte-Ended Rock ond Pinion
Front: lhdepend6nt A-Arm Coit-Over ShocK
. Reon Mono-Leof Sprlng wlth Hydroulic Shocks
lnduction Motor I Reor wneet Mecnonicot Sotf-Adjusting Drums
I
AutomoticEtectro-Mognetic I setf-componsotlng'singlePoint
I Engogsment
l8 x 8.50-8 (4-ply roted)
w€tded Steot with Powder-Coot Protection
lnjoction Motdod TPO
Atmond, Btock, Bright White, Burgundy, Etectric Btue, Ftome Red'
For€st Green, lnferno Roa, lvory, MetoLtic Chorcoot, Oosis Oreen, oceon Grey,
Potriot Btue, Ptotinum, Sunburst Oronge (cuslom cotors ovoitobte)
Sione Belge, OYst€r, GroY' Btock
Mushroom, Grey (custom colors ovoitobte)
Pewtor, Btock' Gotd
FRAME
BODY E FINISH
gTANOARD gEAT COLORS
PREMIUM SEAT COLORS
PIN6TRIPE COLORg
OPTIONAL BODY COLORS
Al.mond Btock Bright white Burgundy ELectric Btue Ftome Red Forest Green
oo oooo
o O O i-$ir O o
lnferno Red lvory M€totl.ic Oosis Gr€en oceon Grey Potriot BLue Ptotinum Sunburst
chorcoot oronge
Feotures ond speciticotions of vehictes subject to chonge without notice. Vehictes os photogrophed moy include options not inctuded on bose modet'
O2O2O Textron Speciotized Vehicles 1nc.822013 Gl2 (Rev. 09/2O2O)
lullltlofliE
iIOE' HENE.
5.B.b
Packet Pg. 47 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
U N B EAT.AB LE E N E RGY E FFI C I E N CY. U N R IVALE D TEC H N O LOGY.
The E-Z-GO@ RXV ELiTE is the industry's best gotf cor with unbeotobLe performonce ond innovotive technol'ogy. Activoted
by Somsung SDI mointenonce-free tithium botteries, the RXV ELiTE is the most efficient gol'f cor ovoilobte with the towest
cost of ownership of ony gol.f cor. Feoturing on innovotive bottery monogement system thot monitors bottery heoLth, the RXV
hos the Longest ronge ot ony lithium gol.f cor, poired with performonce thot doesn't lode over time. Choose the RXV ELiTE
ond tet us show you why it roises the bor on superior gol'f cor performonce'
MAI NTENANCE
FREE BATTERIES
LASTI NG
PERFORMANCE
UNBEATABLI
EN ERGY EFFICIENCY
5.B.b
Packet Pg. 48 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
RXV'EL|TE-
6
ffi
OVERALL LENGTH
OVERALL WIDTH
oVERALL HETGHT (w/o RooF)
OVERALL HEIGHT (W,/ ROOF)
WHEEL BASE
FRONT WHEEL TRACK
REAR WHEEL ARACK
OROUND CLEARANCE
@ DIFFERENTIAL
POWER
94.5 ln (24o cm)
47.o ln (lt9 cm)
45,7in (ll6 cm)
€18.6 in (174 ch)
65.7 in 067 cm)
35.5 ln (9o cm)
38.o in (97 cm)
3.3 ln (8 cm)
DIMENSIONS
POWER SOURCE
MOTOR TYPE
HoRSEPowER (Kw)
ELEOTRICAL SYSTEM
BATTERTES (TYPE)
KEY OR PEDAL START
BATTERY CHAROER
SPEED CONTROLLER
DRIVETRAIN
TRANSAXLE
OEAR SELECTION
REAR AXLE RAT!O
KEY SWITCH
PRO6RAMMABLE OOLF MODE9
PERFORMANCE
SEATINO CAPACITY
ORY WEI9HT
CURB WEIOHT
VEHICLE LOAD CAPACITY
OUTSIDE CLEARANCE CIRCLE
gPEED (LEVEL OROUND)
TOWINO CAPACITY
STEERINO & SUSPENSION
ELiTE
56-vott DC
48 Vott AC
4.4 hp (3.3 kw) contlnuous
5€i-Volt
ELiTE 2.O, 56V Lithium
P€dot
Lithium Wortd Chorger 56VDC lO lt' DC Cord
235-omp Sotid-Stote AC Controtter
Motor Shoft Direct Drive
Limlt€d StiP Dlffer€ntlot
Forword-Neutrot-Reverse I ntogroted
l€i,99t
lnto K€Y Swltch
Uniquo GrouP, unlque lndivlduot
2-Possonger
6oE rb (274.4 kg)
655 tb (297.1 kg)
soo-8oo tb (227-360 kg)
19,2 ft (5'a m)
A-l5mph (13-24kPh)
Three E-Z-GO Golf Cors with Approv€d Permonant Tow Bor
Doubte-Ended Rock ond Plnlon
Front lndopendeht A-Arm Coit-Over Shock;
Reon Mono-L6of Sprlng Wlth Hydrdutlc Shocks
lnduction Motor
Automotlc Electro_Mogn€tlc
la x 8.50-B (4-PtY roted)
Wetded Steet with Powder-Coot Protection
lnjection Motd€d TPo
Atmond, Btock, Bright White, Burgundy, Electric Btue, Ftome Red'
Forest Green, lnferno Red, lvory, Metoltic ChorcooL, Oosis Green, Oceon Grey,
Potriot BIue, Ptotinum, Sunburst Orqnge (custom cotors ovoilobte)
Stone Beige' oystor' GreY' Btock
Mushroom, Grey (custom colors ovoitoble)
Pewter, Btock, Ootd
INNOVATIVE TECHNOLOGY
. zero Mointenonce Liihium Botteries
. 5-Yeor BotterY Worronty
' Unbeotobte Energy EfficiencY
. Proven Performonce of Somsung SDI
Lithium Botteries
. EffortLess Performonce
. Eco- Friendl.y Technol.ogY
' Longest Ronge of Any Lithium Vehicte
' Opportunity Chorging
' Lightweight lorTurl Protection
KEY FEATURES
. Modern Design
. lmpoct-Resistont BumPers
. Fode Resistont Point
' Premium Seoting
' VersotiLe ln-Dosh Storoge
' OptionoL Fol.d-Down windshietd
' OptionoL USB Port
STEERINO
9USPENSION
SERVICE BRAKE
PARKINO ERAKE
TIRES
BODY & CHAS9IS
FRAME
BODY & FINISH
OPTIONAL BODY COLORS
STANDARD SEAT COLOR9
PREMIUM SEAT COLORS
PINSTRIPE COLORS
o
o ooooooo
Almond Btock Bright white Burgundy Electric Blue Ftome Red Forsst Green
o o www,ezgo.com
lnferno Red lvory Metollic Oosis Green oceon Grey Pqtriot Btue Ptotinum Sunburst
chorcool oronge
Feotures ond speciticotions of vehictes subject to chonge without notice. vehictes os photogrophed moy inctude options not incLuded on bose modet'
o2O2O Textron Speciotized Vehictes lnc. 70065_G3 (Rev. O9/2o2O)
IUIITREAT.E
it0ht xERE.
5.B.b
Packet Pg. 49 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
trUEiHMAN'HFIULER'1?AA
LtrHtrEtr WITH RELENTLESEi
FUNtrTItrNHLITY.
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 72Q0 carry the load.
LET,S WORK.@
13.5Hp
EFI GAS
15001s
CAPACIIY
T0w
1200tet2 cun
CARGO
BED
TOAD
CAPACIIY
5.B.b
Packet Pg. 50 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
trUSHMAN' .
HFIULER'1?AA
I 'irrF
OPTIONsi E. FItrtrEsisORIEsi
'i
FRAME
BODY & FII{ISH
SIATIDARD COTOR
. .' , l ir'r
OVERAII. LEIIGIH
OVERATI-WDIH
0vERlrrt HEtGlrT w/cAil0Ft
WHEEI,SASE
FROt{IW{EELTRACX
REAR IVITEELTMCX
GROUIID CTEARATICE
CARGO BOXCAPACITY
POWERSOURCE
VALVETMITI
H0RSEPoWER (KW)
EI.ECTRICAT SYSIEM
BATTERY {qTY,/IYPE)
XE'f OR PEDATSTART
AIR CI.EAIIER
t uBRtcAnoil
OIL FITIER
c00ur{G sYslEM
FUEI. CAPACIIY
0RrvEinAril
tnAilSAXI.E
GEAR SEtECNOiI
REARAXTE RATIO
Welded Steel with DuraShield* Powder Coat
lnjected Molded TPO
Patriot Blue. Forest Green
111.9 in (3O2 cm)
49.4 in (125.5 cm)
7o.5 in (179.1cm)
76.8 in {195.1cm)
35 in (44.9 cm)
38.5 in (97.8 cm)
3-5 in (8.9 cm)
12 cu ft (0.34m3)
4- cy cle, 24.5 ci l4o7cc)
Single Cylinder OHV
13.5 hp (10-1 kW)
Starter/Gene.ator. Solid-State Regulator
One 12V Maintenance Free
Pedal Start
Replacable Dry Cartridge
Pressurized Oil System
Spin-On
Air Cooled
6.65 callon (25.2 L) Tank
Continuously Variable Transmission (CVT)
Differential with Helical Gears
Forward'Reverse
L7.47 :7 lF orwatd) 1,4.35i1 (Reverse)
2 Person
9BO rb (445 kg)
8Oo rb {363 kg)
12Oo lb (545 kg)
14.5 mph 10.5 mph {23.3 kph t 0.8 kph}
15OO lb (680 kg) max
21.5 ft (6.6 n,
Self-Compensating Rack and Pinion
Leaf Springs V Hydraulic Sllock Absorbers
Rear Wlreel N4echanical Self-adjusting Drum
Self-compensating. Single Poant Engagement
laxa 5-8
SEATIIIG CAPACTY
CURB WEIGITT
BED TOAD CAPACITY
VEHICTE TOAO CAPACITY
SPEEO
IOWITIG CAPACIIY
OI'ISIDE CIEARAIiCE CIRCTE
. Bed Dividers
. Long-Handled Tool Holder
. Cargo Mesh Netting
. LTrack Aluminum Bed System
. Weather Enclosure
. USB outlet. 12-Volt Outlet
. canopy storage Net
. Brush Guard. Rearview Mirror. ROPs'Certified Cab
. Ladder/Hoop Rack
. Brake Lights
. Tail Lights
. E-ShieldrM Frame
. Fuel,/oil Gauge
. Premium Steering Wheel
. Side Body Color
. Windshield
. LED Headlights
. Glove Box
. Floor Mount Attachment
STEERITIG
FR0ltl/REAR SUSPEllSl0ll
SERVICE BRAKE
PARKITIG 8MI(E
FROIII/REAR TIRES
www.cushman.com
@2019 Textron Specialized vehicles lnc. Features and specifications of the vehicl€s are subject to
change without notice. Vehicle as photographed may include options not included on base model.
0PTt01{A1 HDDEn RACIVALUMItIUM BED
i
< (t
st*
Iir
et
t-.- -
82294-G7 (Rev. TY2oLsl
5.B.b
Packet Pg. 51 Attachment: Exhibit A - Specifications (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
GOLF CART USE AGREEMENT
Exhibit B – Warranty Provisions
EXHIBIT B
WARRANTY PROVISIONS
5.B.c
Packet Pg. 52 Attachment: Exhibit B - Warranties (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
MODET YEAR 2021
Limited Warrantv and Conditions - RXV and TXT Fleet Vehicles
TextronspecializedVehiclestnc. (,Company'') provides that any new Model Year 2O2l E-Z-GO RxV Fleet and TXT FleetEliteelectricvehicle(Vehlclesfactory
equipped with a lithium battery pack) (the "Vehicles") and/or the battery charger for the Vehicle's llthium battery pack purchased from the Company, a
Company affillate, or an authorized Company dealer or distributor, or leased from a leaslng company approved by the Company, shall be free from defects in
material or workmanship under normal use and service (the "Limlted Warranty'). This Limited Warranty with respect only to parts and labor ls extended to the
Original Retail purchaser or the Original Retail Lessee ("Purchase/') for defects reported to the Company no later than the following warranty perlods for the
Vehicle parts and components set forth below (the'14/arranty Period"):
Part orCom Warranty Period
FRAM€. WORKMANSHIP LIFETIME
steeri 4 Years
MAJOR controller 4 Years
L|THtUM BATTERY SYSTEM - Batterv Dack, battery management system, battery charger, and charger receptacle 5 Years
PEDAL GROUP - Pedal assemblies, and motor brake 4 Years
SEATS - Seat seat back and restraints 3 Years
cANoPY SYSTEM - Canoov and canopv struts 4 Years
POWERTRAIN - Electric axle 3 Years
BODY GROUP - Front and rear cowls, side panels and instrument panel 3 Years
OTHER ELECTRICAT COMPONENTS - Solenoid, limit switches, DC/DC converter, F&R switch, charger cord,
harness
3 Years
and allALL REMAINING COMPONENTS - All options and accessories supplied by E'Z-GO at time of delivery,
comoonents not specif ied elsewhere
2 Years
lNlTlAL ADJUSTMENTS - lnitlal alignment, adjustments, fastener 90 days
The Warranty Perlod for all parts and components of the Vehicle other than Lithium Batteries shall commence on the
location or the date on which the Vehicle is placed in Purchaser-requested storage. The Warranty Period for Lithium
date of delivery to the Purchaser's
Batteries shall commence on the
earllest of the following dates:. of Vehicle delivery to the Purchaser's location,. on which the Vehicle ls 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 dlstributor'
parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the original Warranty Period. This Limited
Warranty applles 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'
EXCIUSIONS: Specifically EXCIUDED from this Limited Warranty are:
. routine maintenance items, normal wear and tear, cosmetlc deterioration or electrical components dama8ed as a result offluctuations
in electrlc current;. damage to or deterioration of a Vehicle, part or battery charBer resulting from an accident or collision, or from the neBlect, abuse,
or inadequate maintenance ofthe Vehicles;
. damage resulting from installation or use of parts or accessories not approved by Company, includlnB 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 quallfied Dealer designee. Warranty
repalrs performed by someone other than a Company branch or an authorized and qualified Dealer or designee shall void the Limlted
Warranty;. damage or loss resulting from acts of nature, vandallsm, 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 authorlzed 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 TIMITEO WARRANW MAY BE VOIDED OR TIMITED AT THE SOIE DISCRETION OF COMPANY IF THE VEHICTE ANO/OR EATTERY CHARGER:
^ shows indications that routine maintenance was not performed in accordance with the Owner's Manual provided with the Vehicle, includinB 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 thereofj
. shows indlcations 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 modlfied in any way from Company specificatlons, includlng but not limited to alterations to the
speed braking system, electrical system, passenger capacity or seatinS;
. 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 indicatlon that the battery charger has been modified to charged vehicles not approved for the charBer;
. has electrical accessorles that are not manufactured or sold by the Company for use with the Vehicle or any electrical energy consuming devlces
installed directly to the battery pack;
. shows indications that the battery pack was dlsassembled, 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 tNFORMAT|ON, CAtt 1-800-774-3946, GOTOTSV.COM, OR WRITE TOTEXTRON SPECIAIIZED VEHICIES INC', ATTENTION:
TSV CUSTOMER CARE / WARRANW DEPARTMENT, 1451 MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30906 USA.
TSV P/N 657284G2t
5.B.c
Packet Pg. 53 Attachment: Exhibit B - Warranties (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
MODET YEAR 2021
USE OF NON-AppROVED pARTS AND ACCESSORIES: THIS LIMITED WARRANTY SHALL NOT APPLY TO ANY PROPERTY DAMAGE OR AODITIONAL 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'
coMMUNtCATtON SYSTEMS, |NFoRMAT|ON SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE
BATTERIES.
REMEDy: purchase/s sole and exclusive remedy under this Limlted 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 defectlve parts. For such warranty
repairs or replacements, the Company may, at its dlscretion, provide factory reconditioned parts or new components from alternate suppliers' All replaced
parts become the sole property of the Company. This excluslve 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 LIMI1ED WARRANTY IS THE SOLE AND EXCL''SIVE WARRANTY PROVIDED FOR THE VEHrcLES AND EATIERY CHARGER AND IS MADE IN
LtEtt oF ALL OTHER WARRANT/,E' EXqRESS OR tMpLtE\ INCLaTDING
^UT
NOr. LLMITED TO THE \MPLIED WARRANfi lE' OF MERCHAN7ABiLIIy OR FITNESS FOR A
pARftca//.AR PIIRPOSE, ALL SatCH OTHEA WARRANT/,ESAEING EXPLICIILY DISCIAIMED.
LIABILITY TIMITATIONS: IN NO CASE SHALL THE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAI. SPECIAL, PUNITIVE OR CONSEqUENTIAL DAMAGES' INCLUDING
BUT NOT uMtTED TO DEATH, PERSONAL tNJURy OR PROPERTY DAMAGE ARISING FROM OR RETAT€D TO ANY ALLEGED FAILURE lN A VEHICLE OR BATTERY
CHARGER, OR ANy DAMAGE OR LOSS TO THE PURCHASER OR ANY THTRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSS' WHETHER OR NOT
THE COMPANY WAS APPRISED OF THE FORSEEABILIry OF SUCH DAMAGES OR LOSSES. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES SREACH OF
WARRANT MUST BE BROUGHT WtrHtN THREE (3) MONTHS FROM THE DATE THE WARRANTY CtAtM ARISES. TH|S LlMlrED 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 IMPUED WARRANTY MAY IAST, SOTHE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLYTO YOU
WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICTE OR BATTERY CHARGER WHICH ATTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE
VEH1CLE, TNCREASES THE VEHTCLPS SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESUTT lN
pnopERTv DAMAGE, pERSONAL tNJURy OR DEATH. DONOTMAKEANYSUCHMODTFTCATIONSORCHANGES. SUCH MODIFICATIONS OR CHAN€ES Wltt VOID
THIS LIMTTED WARRANTY. THE COMPANY DISCI.AIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS' CHANGES OR ALTERATIONS WHICH WOULD
ADVERSETY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER'
TITHIUM BATTERY WARRANW TIMITATIONS, 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 obtaln a copy of the required tests'
IF IT IS DETERMINED THAT PARTS OR ACCESSORIES WERE INSTAITED DIRECTTY TO THE VEHICIE,S BATTERY PACK WITHOUT THE COMPANY'S
EXPRESS WRTTTEN APPROVAL, THEN THE WARRANTY FOR THE BATTERY PACK AND THE BATTERY MANAGEMENT SYSTEM Sl{ALt BE VOID'
ALt NON.FACTORY INSTAILED ACCESSORIES REqUIRE THE INSTATI.ATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES
ENERGY FROM ALL BATTERIES.
Electrlc Vehicle storage faclllties must Provlde the followlnS:
. 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 circult with at mlnimum a N EMA 15-5R 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 vehlcle 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 charBers.
. Company may audit and inspect the purchase/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 ofthe Purchaser's storage facilities, and/or batteries.
. THE WARRANW FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CTAIM CONTAINS
FALsE OR MISLEATJING INFORMATION.
AUTHORITY: NoCompanyemployee,dealer,distributororrepresentative,oranyotherperson,hasanyauthoritytobindCompanytoanymodificationsofthe
terms and conditions of this Limited warranty without the express wrltten approval from the Director of the company's customer €are / warranty Department.
FOR FURTHER tNFORMAT|ON, CAtt *A00-774-!946,GO TO TSV.GOM, OR WRITE TO TEXTRON SPECIAIIZED VEHICLES lNC.' ATTENTION:
TSV CUSTOMER CARE / WARRANTY DEPARTMENT, 1451 MARVIN GRIFFIN ROAD, AUGUSTA 6EORGIA 30906 USA'
TSV P/N 657284G21
Time AllowedConditionand
3 monthsSTORAGE BETWEEN CYCLES
1 monthONIY -OF-22"F
NOT AILOWEDOR ABOVE 140"FBELOW -4.FOPERATION OF VEH
5.B.c
Packet Pg. 54 Attachment: Exhibit B - Warranties (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
MODET YEAR 2021
Limited Warrantv Te rms and Conditions - RXV and TXT Fleet Vehicles
The Textron specialized Vehicles (TSV) Division of Textron tnc. ("Company") provides that any new Model Year 21zl E-Z-GO RxV Fleet and TxT Fleet Sasoline
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 ln material or workmanship under normal use and service (the
.,Limited warranty,,). Thls LimiteJ 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"):
Part orComponent warrantyPeriod
FRAME - WORKMANSHIP LIFETIME
COMPONENTS.col struts 4 vears
MAJOR ELECTRONICS -state 4 years
LEAD ACID DEEP CYCLE BATTERY-fiT ELECTRIC MODE6:
. Standard Battery. Standard Batterywith optlonal
Earlier of 4 years or 23,500 amp hours*
Earlier of 4 vears or 25,000 amp hours*
LEAD ACID DEEP CYCLE ELECTRIC MODELS:Earlier of 4 years or 25,000 amp hours*
GAS CAR BATTERY as cars with added electrical must be with 2 years
PEDAL Pedal brake brake cables and motor brake 4 vears
CANOPY SYSTEM -struts 4 years
seat back and 3 vears
POWERTRAIN - Gasollne air intake and exhaust 4 years
POWERTRAIN -axle 3 vears
SODY GROUP - Front and rear side and instrument 3 years
OTHER Et!CrRICAL COMPONENTS -Solenoid, limit switches, starter generator,voltage regulator, F&R
and cha
3 years
ALL OPTIONS ANO and accessories at tlme of 2 years
ALL OTHER COMPONENTS - AII OthET at time of 2 vears
INITIAL ADJUSTMENTS -fastener 90 Days
* Added electricol components not port oI originol vehicle drive system equipment that consume equal to or more thon .4 amps sholl ieduce the dmp hour
bottery worronty by ftteen Percent (15%). Added electricol components not part of otigtnal vehicle drive system equipment thot consume less than .4
amps shall reduce the omp hour bottety warronty by ten percent (70%). see reverce for other
The Warranty period for all parts and components ofthe Vehicle other than Lead Acid Deep Cycle Batteries shall commence on the date of delivery
tothe 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,
. on which the Vehicle is placed in Purchaser- requested storage or
. that is one (1) year from the date of manufacture ofthe 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 th e TSV
Customer Care / Warranty Department.
EXCTUSIONS: Specifically EXCIUDED 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
currenU
. damage to or deterioration of a Vehicle, part or battery charBer resultlng from inadequate or lmproper maintenance, neglect, abuse, imProper
usage, accident or collision;
. damage resulting from installation or use of parts or accessories not approved by Company, includlng 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 Companyi
. 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, distrlbutor or designee
for warranty service or in performing field warranty service; and
. any and all expenses, fees or duties lncurred relative to inbound freight, importation, or customs'
THIS LIMITED WARRANTY MAY BE VOIDED OR TIMITEO AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR EATTERY CHARGER:
. shows indications that routine maintenance was not performed per the owner's Manual, includlng 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 batteryterminals;
. lacks an adequate number of operating battery chargers, uses unapproved battery chargers for the vehlcle or uses extension cords with battery
chargers;. shows lndications that the charger has been modified to charge vehicles not approved forthe charger;
. gasoline vehicles fueled with unleaded gasoline containlng more than 10% ethanol, E85 ethanol fuel or other non-recommended fuels,
contaminated gasoline or other non-recommendedlubricants;
. 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 alteratlons to the speed
braklnB system, electrlcal system, passenger capacity or seating;
. has been altered to be used in an applicaflon otherthan a fleet golfvehicle such as a Personal Transportatlon Vehicle (PTv), utility vehicle, or other
non-fleet golf vehicle
. has non-Company approved electrical accessories or electrical enerBy 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 tNFORMAT|ON, CALI 1-8qt-774-3946, GO TO EZGO.TXTSV.COM, OR WRITE TO TsV DIVISION OF TEXTRON lNC, ATTENTION:
TSV CUSTOMER CARE / WARRANTY DEPARTMENT, 1451 MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30906 USA.
TSV P/N 646534G2!
5.B.c
Packet Pg. 55 Attachment: Exhibit B - Warranties (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
MODET YEAR 2021
UsE OF NON-APPROVED COMPANY PARTS AND ACCESSORIES: THIS LIMITED WARRANW lS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL
ENERGY CONSUMPTION ARISING FROM OR RETATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY THE COMPANY, OR WHICH WERE
NOT |NSTALLEO By THE COMPANY, tTS DEALERS OR D|STRIBUTORS, |NCLUDING BUT NOT LIMITED TO NON-APPROVED GPS SYSTEMS, COOLING AND HEATING
SYSTEMS, COMMUNICATION SYSTEMS, INFORMATION SYSTEMS, OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIREO DIRECTLY OR INDIRECTLY TO THE
VEHICLE BATTERIES.
REMEDy: purchase/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, lf the 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.
D,SC!4IMER: IHIS LIMNED WARRANTY IS flHE SOLE AND EXCL''SIVE WARRANTY PROVIDED FOR fHE VEHICLES AND EATIERY CHARGER AND IS MADE IN
LtEtt oF ALL OTHER WARRANI|ES, EXqRESS OR tMpLtED, INCLUDIN6 BttT NOT LIM|nED TO fHE IMPL1ED WARAANflES OF MERCHANIAEIUD OR FITNESS FOR
A PARITCUIAR PURPOSE ALL SUCH O1HER WARRANNES AEIN6 EXPLICITLY DISCI,,IMED.
LIABITTTY LIMITATIONS: IN NO CASE SHALLTHE COMPANY BE LIABLE FOR INDIRECT, INCIDENTAI, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RETATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY
CHARGE& OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME, INCONVENIENCE OR ANY ECONOMIC LOSs, WHETHER OR
NOTTHECOMPANYWAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. TH€ 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 REPTACEMENT 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 REPTACEMENT FAILS OF ITS ESSENTIAL PURPOSE. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT
wtTHtN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLATM ARISES. TH|S 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 IAST, SO THE ABOVE EXCLUSIONS ANO LIMITATIONS MAY NOT APPLY TO YOU.
WARNIN6: ANY MODIFICATION OR CHANGE TO THE VEHICTE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABITITY OF THE
VEHICLE, INCREASES THE VEHICIE,S SPEED, OR ATTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN
pRopERw DAMAGE, pERSONAL tNJURy OR DEATH. DONOTMAKEANYSUCHMODIFICATIONSORCHANGES, SUCH MODIFICATIONS OR CHANGES WlLt VOID
THE LIMITED WARRANTY. THE COMPANY DISCIAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ATTERATIONS WHICH WOULD
ADVERSETY IMPACTTHE SAFE OPERATION OF THE VEHICTE OR BATTERY CHARGER.
IEAD ACID DEEP CYCTE BATTERY WARRANW TIMITATIONS, COND'TIONS AND EXCEPTIONS:
. The amp hour Warranty Period for electric Vehicle batteries is as recorded by the Vehicle's controller'
. Claims for battery warranty replacement requlre specific testinB, 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) recommendatlons.
. NON-FACTORY INSTALLED PARTS OR ACCESSORIES INSTALIED DIRECTLY TO IESS THAN THE COMPTETE VEHICTE BATTERY PACK WILI VOID THE
WARNANTY FOR THE ENTIRE BATTERY PACK.
. ALL NON-FACTORY INSTAIIED ACCESSORIES REqUIRE THE INSTATTATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES
ENERGY FROM Att BATTERIES.. Eledrlc vehlcle storaSe facllltles must provlde the followlng:
. ample electrical power to charge all Vehicles and allow the chargerto shut off automatically;
. battery chargers must each have an independent dedicated 15 amp circuit;
. each battery charger must be connected to its circuit wlth at minimum a NEMA 15-5R three-pin receptacle;
. five (5) air exchanges per hour in the charglng facility;
. lf the facllity utillzes an electrical energy management system, the tlmer must be set to have avallable fourteen (14) hours of electricity; and
. one (l) functional charger for each Vehicle in the fleet with a proper electrical supply as specified above.
OTHER COMPANY RIGHTSI. Company may perform vehicle inspectlons (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 facillty, maintenance records and lts 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 WARRANW: The Vehicle may also be subject to an emlssions control warranty, as required by the u.s. Environmental Protection ASency
and california Air Resources Board, which is provided in a separate Statement with the vehicle.
FOR FURTHER INFORMATTOU CAtt 1-8OO-774-3945, GO TO EZGO.TTfi5V.COM, OR WRITE TO TSV DIVISION OF TEXTRON lNC., ATTENTION:
TSV CUSTOMER CARE/WARRANTY DEPARTMENT, l451 MANVIN GRIFFIN ROAD, AUGUSTA, GEORGIA30906 USA.
rsv P/N 646534G2t
5.B.c
Packet Pg. 56 Attachment: Exhibit B - Warranties (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
MODET YEAR 2021
Limited Warrantv Terms and Conditions - E-Z-GO Non-Fleet Vehicles
The Textron Specialized Vehicles (TSV) Division of Textron lnc. ("Company'') provides that any new Model Year 2021 E-Z-GO non-fleet gasoline or electric vehicle
(the .,Vehlcle,,) 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 "Umited Warranty''). This Limited
Warranty wlth respect only to parts and labor is extended to the Original Retail Purchaser or the OriSinal Retail Lessee ("Purchase/') 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 WarranwPeriod
FREEDOM RXV OR FREEDOM TXT GAS OR ETECTRIC VEHICLE
FRAME -P Lifetime
2 vears
ENGINE - GAs MODELS 3 years
ALL E-Z€O OPTIONS AND ACCESSORIES -the at time of 2 vears
ALL OTHER COMPONENTS -the at time of 3 years
EXPNESS VEHICLES:PARTS UNLESS OTHERWISE 2 vears
ALt vEHtctEs
INITIAL - ALL VEHICLES - lnitial fastener 90 days
DEEP BATTERY -Earlier of 3 vears or 23,000 amp hours*
* Added electrlcol components not Port of originol vehicle drlve system equipment thdt consume equol to or more thdn .4 omps sholl reduce the amp hour
bottery warronty by fifteen Percent (15%). Added electricol components not port of origlndl Vehicle drtve system equipment thdt consume less thon .4
amos shall reduce the omp hour bottety warronty by ten percent (10%). See reugrse Ior othet baftery wo
The Warranty period for all parts and components of the Vehlcle other than Lead Acid Deep Cycle Batteries shall commence on the date of delivery to the
original purchase/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 forthe remainder ofthe length ofthewarranty Period. This Limited warrantyapplies only
to the purchaser and not to any subsequent purchaser or lessee wlthout the prlor written approval of the TSV Customer Care / Warranty Department.
ExCtUSIONS: Specifically EXCTUDED from this Limited Warranty are:
. routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result offluctuations
in electric current;. damage to or deterioraflon 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 acaessories 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 deslgnee' Warranty repairs by other than
a Company branch or an authorized and quallfied Dealer or deslgnee shall void the Limlted Warranty;
. damage or loss resulting from acts of nature, vandallsm, theft, war or other events over which Company has no control;
. any and all expenses incurred in transporting the Vehlcle to and from the Company or an authorized and qualified Dealer, distributor
or deslgnee 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 LIMITEO WARRANTY MAY BE VOIOED OR TIMITED AT THE SOIE DISCRETION OF COMPANY IF THE VEHICTE 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 acid battery watering, use of contaminated water, loose battery hold downs, corroded battery cables and loose battery
termlnals;. 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 Basoline
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 speciflcations, 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
installatlon of a heavy duty 12v battery; or
FOR FURTHER tNFORMAT|ON, CALL 1-AOo774-1946,GO TO TSV.COM, OR WRITE TO TSV DIVISION OF TEXTRON lNC., ATTENTION: TSV
CUSTOMER CARE / WARRANTY DEPARTMENT, 1451 MARVIN GRIFFIN ROAD, AUGUSTA, GEORGIA 30905 USA.
TSV P/N 646s30G21
5.B.c
Packet Pg. 57 Attachment: Exhibit B - Warranties (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
MODET YEAR 2021
. is equipped with non-standard tires not approved by Company.
USE OF NON-APPROVED COMPANY PARTS AND AGCESSORIES: THIS LIMITED WARRANTY lS 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, IT5 DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPs SYSTEM' COOLING AND HEATING
sysrEMs, coMMUNtcATtON SYSTEMS, TNFORMATTON SYSTEMS, OR OTHER FORMS OF ENER6Y CONSUMING DEVICESWIRED DIRECTIY OR INDIRECTLY TO THE
VEHICLE BATTERIES.
REMEDy: purchase/s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanshlp in the Vehlcle, any part
or component, or battery charger during the applicable Warranty Period ls that company will, at its sole option, repalr or replace any defectlve parts. lf Company
elects to repair or replace a defective part, Company may at its discretlon provide a factory reconditioned part or new component from an alternate
supplier. All replaced parts become the sole property ofCompany. 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 defectlve parts'
DISCLAIMER: THIS UMNED WARRANnY
'S
THE SOLE AND EXCLUSTVE WARRANrY PROVIDED FOR fHE VEHICLES AND BArTERY CHARGER AND IS MADE IN
LtEt! oF ALL OTHER WARRAN1j|E' EXPRESS OR IMqL|ED, TNCLUD/,NG AUt NOt L\M|TED TO THE iMPLIED WARRAN'IES OF MERCHANTABILITY OR FIINESS FOn
A PARflCULAR PIIRPOSE, ALL SIICH OTHER WARRANTIES BEING EXPLICITLY DISCAIMED.
LIABILMY LIMITATIONS: IN NO CASE SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAI" PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUOING
BUT NOT LIMITED TO DEATH, PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR REIATEO TO ANY ALIEGED 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 IOSS, WHETHER OR
NOT COMPANY WAS APPRISED OF THE FORSEEASILITY 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 LE6AL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT
wtTHtN THREE (3) MONTHS FROM THE DATE THE WARRANTY CLATM AR|SES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE
OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOTALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LON6
AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLYTO YOU.
WARNING: ANY MODIFICATION OR CHANGE TO THE VEHICTE OR BATTERY CHARGER WHICH ATTERS THE WEIGHT DISTRIBUTION OR STABILIfY OF TI{E
VEH;CLE, TNCREASES THE VEHICIE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CIN RESULT lN
pRopERTy DAMAGE, PERSONAL tNrURy oR DEATH. DO NOT MAKE ANy SUCH MODTFTCATTONSOR CHANGES. SUCH MODIFICATIONS OR CHANGES WltL
VOID THE IIM]TED WARRANW. COMPANY DISCIAIMS RESPONSIBILTTV FOR ANY SUCH MODIFIC'ATIONS, CHANGES OR ATTERATIONS WHICH WOUTD
ADVERSETY IMPACTTHE SAFE OPERATION OF THE VEHICTE OR BATTENY CHARGER.
DEEP CYCTE BATTERY WARRANW TIMITATIONS, CONDITIONS ANO EXCEPTIONS:
. The amp hour Warranty Period for electric Vehicle batterles is as recorded by the Vehicle's controller.
. Claims for battery warranty replacement require specific testing, as specifled by the Company Customer Care / Warranty Department. Company, or
an authorized Company dealer or distributor, should be contacted to obtaln a copy of the requlred tests, which must be performed and corrected
for temperature, based upon BCI (Battery Councll lnternational) recommendations'
. NON-FACTORY INSTAIIED PARTS OR ACCESSORIES INSTAILED DIRECTLY TO LESS THAN THE COMPTETE VEHICLE BATTERY PACK WILI VOID THE
WARRANTY FOR THE ENTIRE BATTERY PACK.
. ATt NON.FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTAII.ATION AND USE OF AN COMPANY APPROVED DC TO DC CONVERTER THAT
USES ENERGY FROM ALL BATTERIES.
. Electrlc Vehlcle storagefacilities must provide the followlng:
. 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 N EMA 15-5R three-pin receptacle;
. flve (5) air exchanges per hour in the charging facility;
. ifthe facllity utilizes an electrlcal energy management system, the timer must be set to have available fourteen (14) hours of electricity; and
. one (1) functional charger for each Vehicle wlth a proper electrical supply as specified above.
OTHER COMPANY RGHTS
. Company may perform semi-annual vehicle lnspections (dlrectly or through asslgned 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 responiible to modify previously
manufactured vehicles, parts or battery chargers'
. Company may audit and inspect the Purchaser's facility, malntenance records and its Vehicles by Company representatives prior to approving a
warranty claim and may contract with a third party to evaluate the Purchaser's storage facllltles, fuel storaBe tanks and/or batterles.
AUTHORrY: No Company employee, dealer, distributor or representatlve, 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 / WarranW Department.
EMISSIONSCONTROLWARRANTY: ThevehiclemayalsobesubjecttOanemisslonscontrolwarranty,asrequiredbytheu.S.EnvironmentalProtectionAgency
and california Air Resources Board, which is provided in a sepaEte statement with the vehicle.
FOR FURTHER TNFORMATTOU CALL 1-800.774.3946, GO TO TSV.COM, OR WRITE TO TSV DIVISION OF TEXTRON lNC" ATTENTION: TSV
CUSTOMER CARE / WARRANTY DEPARTMENT, 1451 MARVIN GRIFFIN ROA4 AUGUSTA, GEORGIA 30906 USA.
rsv P/N 646s30G21
5.B.c
Packet Pg. 58 Attachment: Exhibit B - Warranties (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
EXHIBIT C
INSURANCE REQUIREMENTS
No Insurance is required for this Contract or Agreement.
5.B.d
Packet Pg. 59 Attachment: Exhibit C - Insurance (2983 : Riverbend Golf Cart Use Agreement and Financing Lease Agreements)
LEASE
AGREEMENT
(EQUIPMENT RENTAL)
Golf_RentalAgreement_Muni ver. 03.22.21 444464 12/17/2021 9:03 AM Page 1 of 5
This “Lease”: Lease Agreement Number 008-0742593-100 Dated June 9, 2021
“Lessee”
City of Kent, Washington, 220 Fourth Ave. S, Kent, WA 98032
Fax: E-mail:
"Lessor"
The Huntington National Bank, 1405 Xenium Lane North (PCC180), Plymouth, MN 55441
Fax:319-833-4577 E-mail:customerservice@financediv.com
Number of Rental Payments Rental Payments Advances
48
During a 48 month term that shall be based on the
date Lessor pays the Equipment supplier, a
monthly payment of $5,114.88 (the "Standard
Payment") is due beginning March, 2022 and each
March, April, May, June, July, August, September
and October thereafter until a total of 32 Standard
Payments have been made. A payment of $0.00 is
due each November, December, January and
February for a total of 16 $0 Payment Months.
The Total Number of Rental Payments includes
both the Standard Payment Months and the $0
Payment Months. The first due date for a
"Standard Payment" will be determined by Lessor
once it pays the Equipment supplier and the Lessee
has provided a written acknowledgement of its
acceptance of the Equipment.
(Plus any applicable taxes)
First:$0.00
Last:$0.00
Total:$0.00
EQUIPMENT LOCATION & DESCRIPTION: MAXIMUM HOURS:
2019 W Meeker St, Kent, WA 98032:
(36) 2022 E-Z-GO RXV Elite Lithium Golf Cars together with all attachments and
accessories thereto
N/A
TERMS AND CONDITIONS --READ CAREFULLY BEFORE SIGNING
1. RENTAL: Lessor rents to Lessee and Lessee rents from Lessor the equipment, furniture, fixtures, machinery, inventory, goods and software, as
such terms are defined under the Uniform Commercial Code (“UCC”), described above and in any schedule made a part hereof, together with all
replacements, replacement parts, repairs, returns, substitutions, additions, accessories, and accessions incorporated therein or attached thereto
(collectively, “Equipment”), upon the terms and conditions set forth herein. The parties intend this Lease to be governed by Article 2A of the
UCC. Pursuant to Article 2A, Lessee is entitled to the promises and warranties, including those of any third party, provided to Lessor by the
Equipment supplier. Lessee may contact the Equipment supplier and receive an accurate and complete statement of the promises and warranties,
including any disclaimers and limitations of them or of remedies.
2. PAYMENTS: Other than as set forth in a rider hereto, rental payments are due monthly, beginning the date designated by Lessor and continuing
on the same day of each month as provided for in the above Rental Payment schedule. Lessor may change the payment only with Lessee’s written
agreement through an amendment to this Lease.
3. EQUIPMENT ACCEPTANCE: Lessee shall have accepted the Equipment for purposes of this Lease upon Lessee's delivery of a signed delivery
and acceptance certificate to Lessor signed by an authorized representative of Lessee. Lessee represents that any agent of Lessee who verifies
delivery and acceptance of the Equipment by signing a writing acknowledging delivery and acceptance has actual authority to do so. Upon the
parties’ mutual acceptance of this Lease, THIS LEASE SHALL BE NON-CANCELABLE, and Lessee’s obligations hereunder shall not abate for
any reason other than as provided for in this Lease.
4. DISCLAIMER OF WARRANTIES: AS BETWEEN LESSOR AND LESSEE, THE EQUIPMENT IS BEING RENTED IN “AS IS”
CONDITION, PROVIDED HOWEVER, THAT LESSEE’S ACKNOWLEDGEMENT OF LESSOR’S WAIVER OF WARRANTIES UNDER
THIS LEASE SHALL NOT IN ANY WAY IMPACT OR AFFECT ANY WARRANTIES, EXPRESS OR IMPLIED, BETWEEN LESSEE AND
THE EQUIPMENT SUPPLIER OR VENDOR. LESSEE AGREES THAT LESSOR IS NOT THE MANUFACTURER OR SUPPLIER OF THE
EQUIPMENT. LESSEE HAS SELECTED THE EQUIPMENT BASED UPON ITS OWN JUDGMENT AND ACKNOWLEDGES THAT
LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, DIRECT OR
INDIRECT, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, DESIGN, OPERATION OR CONDITION OF THE
EQUIPMENT, ITS MERCHANTABILITY, FITNESS FOR USE FOR ANY PARTICULAR PURPOSE, OR OTHERWISE. No broker,
equipment supplier, or other person (other than an employee of Lessor) is an agent of Lessor.
5.B.e
Packet Pg. 60 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
Golf_RentalAgreement_Muni ver. 03.22.21 444464 12/17/2021 9:03 AM Page 2 of 5
5. GOVERNING LAW; VENUE OF LITIGATION: THIS LEASE, AND ALL MATTERS ARISING FROM THIS LEASE,
INCLUDING ALL INTEREST AND FINANCE CHARGES HEREUNDER, SHALL IN ALL RESPECTS BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. TO THE EXTENT
PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL. THE PARTIES MAY
ENFORCE THIS LEASE IN ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON HAVING
LAWFUL JURISDICTION THEREOF.
6. SECURITY AGREEMENT: In the event this Lease is determined to be governed by Article 9 of the UCC, Lessee hereby grants Lessor a
security interest in all Equipment financed by or rented from Lessor, of any kind or nature whatsoever, wherever located, whether now owned or
hereafter acquired, and all returns, repossessions, substitutions, replacement parts, accessories, and accessions thereto and thereof, and all proceeds
thereof, to secure all present and future obligations of Lessee to Lessor, of every type and description and howsoever evidenced. This Lease shall
be construed so that interest, the applicable interest rate and other charges shall not exceed that allowed by applicable law, and any payment that
otherwise would be deemed unlawful will be applied first to prepay principal and then refunded to Lessee.
7. APPOINTMENT OF ATTORNEY IN FACT: Lessee authorizes Lessor, its successors and assigns to cause this Lease, or any other
document(s) showing the interest of Lessor, including but not limited to UCC financing statements, to be authenticated and filed or recorded. In
addition, Lessee appoints Lessor, its successors and assigns, as Lessee’s attorney-in-fact (1) to arrange for property damage coverage under a
policy of insurance and to transmit Lessee’s premium payments to the insurer on behalf of Lessee in the event that Lessee fails to insure the
Equipment as required under Section 12, (2) to deal with and to direct said insurer as to any matter concerning the claim for, disposition of, and/or
application of proceeds from any policy of insurance, and (3) to receive payments and execute and endorse all documents, checks, drafts, or other
instruments necessary or advisable to secure payments due under any policy of insurance. These appointments and authorizations shall be
continuous. Nothing in this paragraph shall relieve Lessee of its duty to procure required insurance, to make timely insurance claims, and to
otherwise cooperate with insurance carriers and Lessor in seeking insurance coverage and recoveries.
8. UNCONDITIONAL OBLIGATION: Except in the event of termination under Section 19 for non-appropriation, Lessee agrees to be
unconditionally obligated to pay all payments and other amounts due hereunder no matter what happens, even if the Equipment is damaged or
destroyed, if it is defective, if Lessee no longer can use it, or if the manufacturer or supplier ceases doing business or cannot service and/or support
the Equipment, and irrespective of any set-off, counterclaim, defense, or other right which Lessee may have against Lessor or any other person.
9. USE: Lessee agrees that the Equipment will be used for business purposes only and such use shall be in compliance with all applicable laws.
Lessee shall maintain the Equipment in good repair and working order at Lessee's sole expense.
10. TAXES: Lessee agrees to pay all taxes, fees, and governmental charges related to this Lease, which during the term of this Lease or at any time
thereafter may be imposed. If Lessor pays any of the above for Lessee, Lessee agrees to reimburse Lessor on demand, plus interest. Lessor shall
not be obligated to contest any valuation of or tax imposed on the Equipment or this Lease.
11. INDEMNITY: To the extent permitted by law, Lessor is not responsible for any losses or injuries caused by the Equipment. Lessee agrees to
indemnify Lessor with respect to all claims for losses imposed on, incurred by, or asserted against Lessor, including attorneys’ fees and expenses
plus interest, where such claims arise or are caused by Lessee’s negligence, and Lessee agrees to obtain indemnification from the Equipment
supplier to indemnify Lessor for claims related to the Equipment that are not attributable to the Lessee’s negligence. Further, Lessee shall, if
requested by Lessor, defend Lessor against any claims for losses or injuries caused by the Lessee’s negligent performance of this Lease. This
provision shall survive the cancellation, termination or expiration of this Lease.
12. INSURANCE: Lessee shall keep the Equipment insured against loss for not less than its replacement cost or such greater amount as may be
prescribed by any applicable state law specifying minimum insurance requirements, and shall carry public liability insurance, both personal injury
and property damage. Lessee shall name Lessor as an additional insured and as loss payee. If Lessee fails to procure insurance, Lessor may obtain
same and pay the amount due thereon as provided for under Section 7 of this Lease and Lessee shall reimburse Lessor upon demand and, if
required by Lessor, shall pay interest on such sums due and owing at a rate of up to 18% per annum, but in no event more than the maximum rate
permitted by law. With respect to any policy obtained by Lessor under Section 7, Lessor may charge a monthly administrative fee. Any insurance
proceeds received with respect to the Equipment will be applied, at the option of Lessor, to repair, restore, or replace the Equipment, or to pay
Lessor the remaining balance and any other amounts payable hereunder.
13. LATE CHARGES: If Lessee is delinquent in paying any sum due, Lessee shall pay a charge to offset collection expenses on such delinquent
payment of $25.00 or an amount of up to ten percent (10%) of the payment amount that is past due, whichever is greater, but in no event more
than allowed by applicable law. In addition, Lessor will impose a surcharge of up to $30 or the maximum allowed under applicable law for any
dishonored payment.
14. DEFAULT: Any of the following constitute default: (1) Lessee fails to pay any sum due Lessor; (2) Lessee fails to observe or perform any other
term of this Lease; (3) Lessee encumbers or disposes of the Equipment without Lessor’s written consent; (4) The filing by or against Lessee or
any guarantor of Lessee's obligations to Lessor ("Guarantor") of a petition under the Bankruptcy Code or any other insolvency law; (5) The
voluntary or involuntary commencement of any formal or informal proceeding for dissolution, liquidation, settlement of claims against or winding
up of Lessee’s or a Guarantor's affairs, or Lessee or a Guarantor, if applicable, ceases doing business of going concern; (6) Any representation or
warranty made by Lessee or a Guarantor in connection herewith proves to have been materially misleading; (7) Lessee is in default under any
other contract or agreement with Lessor; (8) any Guarantor repudiates or attempts to revoke any guaranty of Lessee's obligations to Lessor related
to this Lease.
15. REMEDIES: Upon an occurrence of default, Lessor may exercise one or more of the following remedies: (1) Declare due, sue for, and receive
from Lessee the sum of all payments and other amounts then due and owing in the current fiscal year under this Lease or any schedule hereto, (2)
Require Lessee to return the Equipment at its own expense to any reasonable location Lessor designates; (3) Cancel or terminate this Lease or any
other agreement between Lessee and Lessor; (4) Charge Lessee interest on all monies due hereunder from and after the date of default at the rate
of 18% per annum, compounded monthly until paid in full, but in no event more than the maximum rate permitted by law; (5) Charge Lessee for
any other amounts provided for in this Lease. In addition, Lessor may use any other remedies available to it under applicable law. These remedies
will be applied, to the extent allowed by law, cumulatively. No delay in exercising any right or remedy shall operate as a waiver of any right or
remedy or modify the terms of this Lease. A waiver of default shall not be construed as a waiver of any other or subsequent default. In addition to
all of Lessor's other rights and remedies, Lessee agrees to pay Lessor all costs and expenses, including attorneys’ fees, incurred by Lessor in
5.B.e
Packet Pg. 61 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
Golf_RentalAgreement_Muni ver. 03.22.21 444464 12/17/2021 9:03 AM Page 3 of 5
exercising or attempting to exercise any of its rights or remedies. If appropriate in the circumstances, remedies will include those available under
Article 9 of the UCC.
16. ASSIGNMENT: Lessee may not sublet, lend, assign, or pledge this Lease, the Equipment, or any interest in either, or permit any lien or security
interest thereon. Upon notice and acceptance by Lessee, which acceptance shall not be unreasonably withheld, any and all of Lessor’s interest and
rights in the Equipment and under this Lease may be assigned, pledged, or otherwise disposed of. Each assignee shall be entitled to exercise all
rights and remedies of Lessor with respect to any and all obligations assigned to such assignee, and all references herein to "Lessor" shall include
Lessor’s assignee, except that said assignee shall not be chargeable with any obligations or liabilities of Lessor hereunder. Lessee will not assert
against Lessor’s assignee any defense, counterclaim or setoff on account of breach of warranty or otherwise in any action for payment or for
possession brought by Lessor’s assignee. Any assignment of this Lease by Lessee, whether or not permitted by Lessor, shall not release Lessee
from its obligations hereunder.
17. RETURN OF EQUIPMENT: At the end of the original term of this Lease, or if this Lease is terminated under Section 19, Lessee must return
the Equipment at its own expense, to Lessor or to a third-party designated by Lessor, and as applicable, the following must be true: All safety
equipment must be in place and meet applicable federal, state and other governmental standards; All covers and guards must be in place with no
sheet metal, plastic or cowling damage; All parts, pieces, components and optional equipment must be present, installed and operational; All
accessories shall be returned in proper order; All motors shall operate smoothly without overheating and shall have good bearings and bushings;
All electronic controls shall operate per manufacturers’ specifications; Controls which bypass normal operations shall be repaired at Lessee's
expense; All electrical systems shall be able to provide electrical output as specified by the manufacturer; All batteries shall be in good, safe
operating condition with no dead cells or cracked cases; Batteries shall hold a charge and provide adequate power to operate the Equipment; All
Equipment shall have serviceable tires, with 50% remaining tread, retaining proper air pressure, and without repair patches; All oil and grease
seals must contain lubrication in the manufacturer's designed reservoir; All Equipment must have a relatively clean appearance; All Equipment
must be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance detailed in
Equipment operation/maintenance manuals; All Equipment shall be free from structural damage or bent frames; Any usage or metering devices
must not have been altered in any way; All Equipment attachments, if any, must be in good operating condition; All hydraulic cylinders must not
be bent, nicked, gouged or leaking. If the Equipment is an electric golf car, then in addition to the above return provisions: (i) the golf car must be
able to transport two (2) people and their golf clubs; (ii) all batteries and battery terminals must be clean, free of corrosion and have proper battery
water levels; and (iii) each golf car must include operable battery chargers. Additionally, all Equipment must be able to complete the following
tests: operate normally in forward and reverse directions through all its speed ranges or gears, steer normally right and left in both forward and
reverse, have all functions and controls work in a normal manner, be able to stop with its service brakes in a safe distance in both forward and
reverse, operate without leaking any fluids, perform its designed functions in a satisfactory manner, and all cutting units (if applicable) must be
able to lower, turn on, run, raise and shut off as they are designed to do. If any Equipment is damaged or does not meet the standards set forth
above for the return condition of such Equipment or if Lessee fails to discharge Lessee's obligations set forth under this Lease with regard to any
Equipment, Lessee shall remit to Lessor, immediately upon demand, the Stipulated Loss Value of such Equipment. The “Stipulated Loss Value”
for a particular piece of Equipment shall be an amount equal to: (i) the total of all monthly payments and other amounts, if any, due under the
Lease with respect to such Equipment as of the date of payment of the Stipulated Loss Value, plus (ii) all rent not yet due for the Equipment for
the remaining term of this Lease, discounted from their respective due dates at the rate of 3% per annum, plus (iii) the Equipment's "Anticipated
Residual Value" as determined by Lessor's books as of the date of this Lease. Return Condition Standards applicable when the Equipment is Golf
Cars. The Return Condition Standards for golf cars are as follows: (a) Equipment must start, stop, and turn properly; (b) Mechanically, all
Equipment must be in operable condition upon return and capable of being driven onto a transporter; (c) Cosmetically, all Equipment and
component parts are to be returned operable and complete according to the original state, reasonable wear and tear expected; (d) All equipment
shall have serviceable tires, with 50% remaining tread, retaining proper air pressure, and without repair patches; (e) All gauges will be operative
and all fluid levels to manufacturer's specifications; and, (f) if the Equipment is an electric golf car, then in addition to the other Return Condition
Standards: (i) the golf car must be able to transport two (2) people and their golf clubs; (ii) all batteries and battery terminals must be clean, free
of corrosion and have proper battery water levels; and, (iii) each golf car must include operable battery chargers. Any missing Equipment and
parts or damage to the Equipment will result in a separate billing at replacement cost or fair market value. Failure to do so, and at Lessor’s sole
discretion, is a default under this Lease, and in all cases will result in automatic conversion of this Lease to a month-to-month rental agreement on
the same terms. Conversion to a month-to-month rental agreement shall not operate to waive any of Lessor’s rights herein.
18. REPRESENTATIONS AND WARRANTIES: Lessee represents and warrants to Lessor that as of the date hereof, and throughout the term of
the Lease: (a) Lessee is a political subdivision of the state or commonwealth in which it is located and is organized and existing under the
constitution and laws of such state or commonwealth; (b) Lessee has complied, and will comply, fully with all applicable laws, rules, ordinances,
and regulations governing open meetings, public bidding and appropriations required in connection with the Lease, the performance of its
obligations under the Lease and the acquisition and use of the Equipment; (c) the person(s) signing the Lease and any other documents required
to be delivered in connection with the Lease (collectively, the “Documents”) have the authority to do so, are acting with the full authorization of
Lessee's governing body, and hold the offices indicated below their signatures, each of which are genuine; (d) the Documents are and will remain
valid, legal and binding Leases, and are and will remain enforceable against Lessee in accordance with their terms; and (e) the Equipment is
essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be used
during the term of the Lease only by Lessee and only to perform such function. Lessee further represents and warrants to Lessor that, as of the
date each item of Equipment becomes subject to the Lease and any applicable schedule, it has funds available to pay all Lease payments payable
thereunder until the end of Lessee’s then current fiscal year and will request future appropriations sufficient to fulfill Lessee’s obligations under
this Lease.
19. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: To the extent permitted by applicable law, Lessee agrees to take all
necessary and timely action during the Lease term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations under
the Lease (the “Obligations”), including, without limitation, providing for the Obligations in each budget submitted to obtain applicable
appropriations, causing approval of such budget, and exhausting all available reviews and appeals if an appropriation sufficient to satisfy the
Obligations is not made. Notwithstanding anything to the contrary provided in the Lease, if Lessee does not appropriate funds sufficient to make
all payments due during any fiscal year under the Lease and Lessee does not otherwise have funds available to lawfully pay the Lease payments
(a "Non-Appropriation Event"), and provided Lessee is not in default of any of Lessee’s obligations under this Lease as of the effective date of
such termination, Lessee may terminate this Lease effective as of the end of Lessee’s last funded fiscal year (“Termination Date”) without liability
5.B.e
Packet Pg. 62 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
Golf_RentalAgreement_Muni ver. 03.22.21 444464 12/17/2021 9:03 AM Page 4 of 5
for future payments or the early termination charge under this Lease, if any, by giving at least 60 days’ prior written notice of termination
(“Termination Notice”) to Lessor. If Lessee terminates the Lease prior to the expiration of the end of the original term of this Lease as permitted
under the terms of this Lease or as set forth herein or in any schedule, Lessee shall (i) on or before the Termination Date, return the Equipment
subject to the terminated Lease in accordance with the return requirements set forth in this Lease, (ii) provide in the Termination Notice a
certification of a responsible official that a Non-Appropriation Event has occurred, (iii) deliver to Lessor, upon request by Lessor, an opinion of
Lessee's counsel (addressed to Lessor) verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and (iv)
pay Lessor all sums payable to Lessor under this Lease up to and including the Termination Date. Lessee acknowledges and agrees that, in the
event of the termination of this Lease and the return of the Equipment as provided for herein, Lessee shall have no interest whatsoever in the
Equipment or proceeds thereof and Lessor shall be entitled to retain for its own account the proceeds resulting from any disposition or re-leasing
of the Equipment along with any advance rentals, security deposits or other sums previously paid by Lessee pursuant to the terms of the Lease.
20. DELIVERY OF CERTAIN DOCUMENTS AND RELATED REQUIREMENTS: Lessee will execute or provide, as requested by Lessor,
annual budget and financial information and such other documents and information, including an opinion of Lessee's counsel as to the validity
and enforceability of this Lease, as are reasonably necessary with respect to the transaction contemplated by this Lease. If Lessee is a "Registered
Organization" (as such term is defined in the UCC), then Lessee will: (i) upon request of Lessor, provide copies of its applicable registered
organization documents; and (ii) not change its legal name or its chief executive office or state of organization, without, in each case, giving Lessor
at least 30 days' prior written notice of any such event.
21. EXCESS USAGE AND SUPPLEMENTAL RENTALS (APPLICABLE TO TURF CARE AND MAINTENANCE EQUIPMENT ONLY):
At the end of the original term of the Lease, Lessee shall remit to Lessor $5.00 per hour on each piece of Equipment that has hourly use in excess
of the maximum hours as indicated above. Lessee shall remit such amounts within ten (10) days of Lessor’s written demand. The hours of use of
a particular item of Equipment shall be determined by the hour meter attached to said Equipment, provided that such meter remains operable and
accurate. If any such hour meter becomes inoperable or inaccurate, Lessee shall immediately repair or replace same, and shall immediately notify
Lessor in writing of such event and of the correct hours of usage of such Equipment during the period of time the hour meter was inoperable or
inaccurate. Lessee shall promptly furnish Lessor such information as Lessor may reasonably request from time to time in order to document the
hours of usage of the Equipment. If this Lease terminates or is cancelled prior to the end of the original term of the Lease, then the Maximum
Hours specified above shall be reduced pro rata based on the number of months remaining in the current year or original term of the Lease, as
applicable.
22. LESSEE WAIVERS: To the extent permitted by law, Lessee waives all rights and remedies against Lessor provided by Article 2A of the UCC.
All other rights and remedies available at law are expressly reserved and shall remain available to Lessee. Lessor will not be liable for specific
performance of this Lease or for any losses, damages, delay, or failure to deliver the Equipment.
23. GENERAL: This Lease may, in Lessor’s sole discretion, be delivered and/or reproduced by facsimile, optical scanning or other electronic means
(“e-copy”) and such e-copy or a printed version thereof shall be enforceable as an original and admissible as such in any court or other proceeding,
provided that there shall be only one original of this Lease and it shall bear the original ink or electronic signature of Lessor and be marked
“Original.” Each party’s electronic signature on this Lease shall be unconditionally valid and legally enforceable, and each party agrees not to
contest the validity or enforceability of any electronic signature (or the authority of the electronic signer to sign). To the extent that this Lease
constitutes chattel paper (as that term is defined by the Uniform Commercial Code), a security or ownership interest intended to be created through
the transfer and possession of this Lease can be done only by the transfer of the “Original” bearing the original ink or electronic signature of
Lessor; provided that, if the “Paper Out” process shall have occurred, or if there shall simultaneously exist both the “Paper Out” printed version
and an electronic version of this Lease, then the “Paper Out” printed version of such document bearing the legend “Original” applied by Lessor
shall constitute the sole chattel paper original and authoritative version. If Lessor permit Lessee to deliver this Lease or any related document to
Lessor via facsimile or other electronic means, Lessee shall deliver to Lessor, promptly on request, such document bearing Lessee's electronic or "wet
ink" signature; provided that neither delivery nor failure to deliver the document bearing Lessee's electronic or "wet ink" signature shall limit or modify
the representations and agreements set forth above. This Lease shall inure to the benefit of and is binding upon the parties and their heirs, personal
representatives, successors, and assigns. This Lease represents the entire agreement between the parties, superseding all prior or contemporaneous
negotiations, discussions, understandings, or agreements pertaining to the subject matter hereof. This Lease shall not be modified without both
parties’ written consent. If any provision of this Lease is deemed unenforceable, then such provision shall be deemed deleted and all other
provisions of this Lease shall remain in full force and effect. Any written notice hereunder shall be deemed given when delivered personally,
deposited with a nationally recognized overnight courier (with all fees pre-paid), delivered via facsimile or e-mail (with confirmation of
transmission), or deposited in the United States mails, certified or registered mail, addressed to recipient at its address set forth above or such other
address as may be substituted therefor by notice given pursuant to the terms hereof. Lessee hereby agrees that Lessor, including its vendors, service
providers, partners, affiliates successors and assigns, may contact Lessee at any telephone number provided to Lessor, by placing voice telephone
calls (including use of automatic telephone dialing systems or prerecorded voice messaging). Lessee authorizes, and represents that all Lessee's
principals have authorized, Lessor to obtain such credit bureau reports and make such other credit inquiries with respect to Lessee and such
principals as Lessor deems appropriate throughout the term of this Lease. On written request, Lessor will identify any reporting agency used for
such a report. Lessee agrees that Lessor may receive from and disclose to other persons, including credit reporting agencies and respective
equipment vendors and suppliers, information about Lessee's accounts and credit experience. Lessee hereby authorizes any person to release to
Lessor credit experience and account information relating to Lessee. Lessee shall execute and deliver to Lessor such other documents and provide
such information, including information identifying the owners of Lessee and its affiliates and their respective ownership interests, as Lessor may
reasonably deem necessary to comply with laws or regulations applicable to Lessor or Lessee, including laws and regulations requiring Lessor to
obtain Lessee's certification of its beneficial owner(s) prior to making payment(s) to Lessee during or after the term of this Lease. Under federal
law, Lessor must obtain, verify and record identifying information for each person opening an account. Lessor will ask for Lessee’s name, address,
date of birth and other identifying information. Lessor may also ask for Lessee’s driver’s license or other identifying documents. This Lease shall
not be deemed terminated until Lessee has fulfilled all obligations herein. Time is of the essence for all purposes of this Lease.
ADDITIONAL TERMS AND CONDITIONS
Lessee acknowledges having read the terms and conditions printed above, and unconditionally agrees to same. Lessee requests that Lessor countersign
this Lease and requests and hereby authorizes Lessor to pay the Equipment vendor/manufacturer.
5.B.e
Packet Pg. 63 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
LEASE
AGREEMENT
(EQUIPMENT RENTAL)
Golf_RentalAgreement_Muni ver. 03.22.21 444468 12/17/2021 9:00 AM Page 1 of 5
This “Lease”: Lease Agreement Number 008-0742593-101 Dated June 9, 2021
“Lessee”
City of Kent, Washington, 220 Fourth Ave. S, Kent, WA 98032
Fax: E-mail:
"Lessor"
The Huntington National Bank, 1405 Xenium Lane North (PCC180), Plymouth, MN 55441
Fax:319-833-4577 E-mail:customerservice@financediv.com
Number of Rental Payments Rental Payments Advances
48
During a 48 month term that shall be based on the
date Lessor pays the Equipment supplier, a
monthly payment of $4,392.36 (the "Standard
Payment") is due beginning March, 2022 and each
March, April, May, June, July, August, September
and October thereafter until a total of 32 Standard
Payments have been made. A payment of $0.00 is
due each November, December, January and
February for a total of 16 $0 Payment Months.
The Total Number of Rental Payments includes
both the Standard Payment Months and the $0
Payment Months. The first due date for a
"Standard Payment" will be determined by Lessor
once it pays the Equipment supplier and the Lessee
has provided a written acknowledgement of its
acceptance of the Equipment.
(Plus any applicable taxes)
First:$0.00
Last:$0.00
Total:$0.00
EQUIPMENT LOCATION & DESCRIPTION: MAXIMUM HOURS:
2019 W Meeker St, Kent, WA 98032:
(36) 2022 E-Z-GO RXV Gas Golf Cars together with all attachments and accessories
thereto
N/A
TERMS AND CONDITIONS --READ CAREFULLY BEFORE SIGNING
1. RENTAL: Lessor rents to Lessee and Lessee rents from Lessor the equipment, furniture, fixtures, machinery, inventory, goods and software, as
such terms are defined under the Uniform Commercial Code (“UCC”), described above and in any schedule made a part hereof, together with all
replacements, replacement parts, repairs, returns, substitutions, additions, accessories, and accessions incorporated therein or attached thereto
(collectively, “Equipment”), upon the terms and conditions set forth herein. The parties intend this Lease to be governed by Article 2A of the
UCC. Pursuant to Article 2A, Lessee is entitled to the promises and warranties, including those of any third party, provided to Lessor by the
Equipment supplier. Lessee may contact the Equipment supplier and receive an accurate and complete statement of the promises and warranties,
including any disclaimers and limitations of them or of remedies.
2. PAYMENTS: Other than as set forth in a rider hereto, rental payments are due monthly, beginning the date designated by Lessor and continuing
on the same day of each month as provided for in the above Rental Payment schedule. Lessor may change the payment only with Lessee’s written
agreement through an amendment to this Lease.
3. EQUIPMENT ACCEPTANCE: Lessee shall have accepted the Equipment for purposes of this Lease upon Lessee's delivery of a signed delivery
and acceptance certificate to Lessor signed by an authorized representative of Lessee. Lessee represents that any agent of Lessee who verifies
delivery and acceptance of the Equipment by signing a writing acknowledging delivery and acceptance has actual authority to do so. Upon the
parties’ mutual acceptance of this Lease, THIS LEASE SHALL BE NON-CANCELABLE, and Lessee’s obligations hereunder shall not abate for
any reason other than as provided for in this Lease.
4. DISCLAIMER OF WARRANTIES: AS BETWEEN LESSOR AND LESSEE, THE EQUIPMENT IS BEING RENTED IN “AS IS”
CONDITION, PROVIDED HOWEVER, THAT LESSEE’S ACKNOWLEDGEMENT OF LESSOR’S WAIVER OF WARRANTIES UNDER
THIS LEASE SHALL NOT IN ANY WAY IMPACT OR AFFECT ANY WARRANTIES, EXPRESS OR IMPLIED, BETWEEN LESSEE AND
THE EQUIPMENT SUPPLIER OR VENDOR. LESSEE AGREES THAT LESSOR IS NOT THE MANUFACTURER OR SUPPLIER OF THE
EQUIPMENT. LESSEE HAS SELECTED THE EQUIPMENT BASED UPON ITS OWN JUDGMENT AND ACKNOWLEDGES THAT
LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, DIRECT OR
INDIRECT, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, DESIGN, OPERATION OR CONDITION OF THE
EQUIPMENT, ITS MERCHANTABILITY, FITNESS FOR USE FOR ANY PARTICULAR PURPOSE, OR OTHERWISE. No broker,
equipment supplier, or other person (other than an employee of Lessor) is an agent of Lessor.
5.B.e
Packet Pg. 64 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
Golf_RentalAgreement_Muni ver. 03.22.21 444468 12/17/2021 9:00 AM Page 2 of 5
5. GOVERNING LAW; VENUE OF LITIGATION: THIS LEASE, AND ALL MATTERS ARISING FROM THIS LEASE,
INCLUDING ALL INTEREST AND FINANCE CHARGES HEREUNDER, SHALL IN ALL RESPECTS BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. TO THE EXTENT
PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL. THE PARTIES MAY
ENFORCE THIS LEASE IN ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON HAVING
LAWFUL JURISDICTION THEREOF.
6. SECURITY AGREEMENT: In the event this Lease is determined to be governed by Article 9 of the UCC, Lessee hereby grants Lessor a
security interest in all Equipment financed by or rented from Lessor, of any kind or nature whatsoever, wherever located, whether now owned or
hereafter acquired, and all returns, repossessions, substitutions, replacement parts, accessories, and accessions thereto and thereof, and all proceeds
thereof, to secure all present and future obligations of Lessee to Lessor, of every type and description and howsoever evidenced. This Lease shall
be construed so that interest, the applicable interest rate and other charges shall not exceed that allowed by applicable law, and any payment that
otherwise would be deemed unlawful will be applied first to prepay principal and then refunded to Lessee.
7. APPOINTMENT OF ATTORNEY IN FACT: Lessee authorizes Lessor, its successors and assigns to cause this Lease, or any other
document(s) showing the interest of Lessor, including but not limited to UCC financing statements, to be authenticated and filed or recorded. In
addition, Lessee appoints Lessor, its successors and assigns, as Lessee’s attorney-in-fact (1) to arrange for property damage coverage under a
policy of insurance and to transmit Lessee’s premium payments to the insurer on behalf of Lessee in the event that Lessee fails to insure the
Equipment as required under Section 12, (2) to deal with and to direct said insurer as to any matter concerning the claim for, disposition of, and/or
application of proceeds from any policy of insurance, and (3) to receive payments and execute and endorse all documents, checks, drafts, or other
instruments necessary or advisable to secure payments due under any policy of insurance. These appointments and authorizations shall be
continuous. Nothing in this paragraph shall relieve Lessee of its duty to procure required insurance, to make timely insurance claims, and to
otherwise cooperate with insurance carriers and Lessor in seeking insurance coverage and recoveries.
8. UNCONDITIONAL OBLIGATION: Except in the event of termination under Section 19 for non-appropriation, Lessee agrees to be
unconditionally obligated to pay all payments and other amounts due hereunder no matter what happens, even if the Equipment is damaged or
destroyed, if it is defective, if Lessee no longer can use it, or if the manufacturer or supplier ceases doing business or cannot service and/or support
the Equipment, and irrespective of any set-off, counterclaim, defense, or other right which Lessee may have against Lessor or any other person.
9. USE: Lessee agrees that the Equipment will be used for business purposes only and such use shall be in compliance with all applicable laws.
Lessee shall maintain the Equipment in good repair and working order at Lessee's sole expense.
10. TAXES: Lessee agrees to pay all taxes, fees, and governmental charges related to this Lease, which during the term of this Lease or at any time
thereafter may be imposed. If Lessor pays any of the above for Lessee, Lessee agrees to reimburse Lessor on demand, plus interest. Lessor shall
not be obligated to contest any valuation of or tax imposed on the Equipment or this Lease.
11. INDEMNITY: To the extent permitted by law, Lessor is not responsible for any losses or injuries caused by the Equipment. Lessee agrees to
indemnify Lessor with respect to all claims for losses imposed on, incurred by, or asserted against Lessor, including attorneys’ fees and expenses
plus interest, where such claims arise or are caused by Lessee’s negligence, and Lessee agrees to obtain indemnification from the Equipment
supplier to indemnify Lessor for claims related to the Equipment that are not attributable to the Lessee’s negligence. Further, Lessee shall, if
requested by Lessor, defend Lessor against any claims for losses or injuries caused by the Lessee’s negligent performance of this Lease. This
provision shall survive the cancellation, termination or expiration of this Lease.
12. INSURANCE: Lessee shall keep the Equipment insured against loss for not less than its replacement cost or such greater amount as may be
prescribed by any applicable state law specifying minimum insurance requirements, and shall carry public liability insurance, both personal injury
and property damage. Lessee shall name Lessor as an additional insured and as loss payee. If Lessee fails to procure insurance, Lessor may obtain
same and pay the amount due thereon as provided for under Section 7 of this Lease and Lessee shall reimburse Lessor upon demand and, if
required by Lessor, shall pay interest on such sums due and owing at a rate of up to 18% per annum, but in no event more than the maximum rate
permitted by law. With respect to any policy obtained by Lessor under Section 7, Lessor may charge a monthly administrative fee. Any insurance
proceeds received with respect to the Equipment will be applied, at the option of Lessor, to repair, restore, or replace the Equipment, or to pay
Lessor the remaining balance and any other amounts payable hereunder.
13. LATE CHARGES: If Lessee is delinquent in paying any sum due, Lessee shall pay a charge to offset collection expenses on such delinquent
payment of $25.00 or an amount of up to ten percent (10%) of the payment amount that is past due, whichever is greater, but in no event more
than allowed by applicable law. In addition, Lessor will impose a surcharge of up to $30 or the maximum allowed under applicable law for any
dishonored payment.
14. DEFAULT: Any of the following constitute default: (1) Lessee fails to pay any sum due Lessor; (2) Lessee fails to observe or perform any other
term of this Lease; (3) Lessee encumbers or disposes of the Equipment without Lessor’s written consent; (4) The filing by or against Lessee or
any guarantor of Lessee's obligations to Lessor ("Guarantor") of a petition under the Bankruptcy Code or any other insolvency law; (5) The
voluntary or involuntary commencement of any formal or informal proceeding for dissolution, liquidation, settlement of claims against or winding
up of Lessee’s or a Guarantor's affairs, or Lessee or a Guarantor, if applicable, ceases doing business of going concern; (6) Any representation or
warranty made by Lessee or a Guarantor in connection herewith proves to have been materially misleading; (7) Lessee is in default under any
other contract or agreement with Lessor; (8) any Guarantor repudiates or attempts to revoke any guaranty of Lessee's obligations to Lessor related
to this Lease.
15. REMEDIES: Upon an occurrence of default, Lessor may exercise one or more of the following remedies: (1) Declare due, sue for, and receive
from Lessee the sum of all payments and other amounts then due and owing in the current fiscal year under this Lease or any schedule hereto, (2)
Require Lessee to return the Equipment at its own expense to any reasonable location Lessor designates; (3) Cancel or terminate this Lease or any
other agreement between Lessee and Lessor; (4) Charge Lessee interest on all monies due hereunder from and after the date of default at the rate
of 18% per annum, compounded monthly until paid in full, but in no event more than the maximum rate permitted by law; (5) Charge Lessee for
any other amounts provided for in this Lease. In addition, Lessor may use any other remedies available to it under applicable law. These remedies
will be applied, to the extent allowed by law, cumulatively. No delay in exercising any right or remedy shall operate as a waiver of any right or
remedy or modify the terms of this Lease. A waiver of default shall not be construed as a waiver of any other or subsequent default. In addition to
all of Lessor's other rights and remedies, Lessee agrees to pay Lessor all costs and expenses, including attorneys’ fees, incurred by Lessor in
5.B.e
Packet Pg. 65 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
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exercising or attempting to exercise any of its rights or remedies. If appropriate in the circumstances, remedies will include those available under
Article 9 of the UCC.
16. ASSIGNMENT: Lessee may not sublet, lend, assign, or pledge this Lease, the Equipment, or any interest in either, or permit any lien or security
interest thereon. Upon notice and acceptance by Lessee, which acceptance shall not be unreasonably withheld, any and all of Lessor’s interest and
rights in the Equipment and under this Lease may be assigned, pledged, or otherwise disposed of. Each assignee shall be entitled to exercise all
rights and remedies of Lessor with respect to any and all obligations assigned to such assignee, and all references herein to "Lessor" shall include
Lessor’s assignee, except that said assignee shall not be chargeable with any obligations or liabilities of Lessor hereunder. Lessee will not assert
against Lessor’s assignee any defense, counterclaim or setoff on account of breach of warranty or otherwise in any action for payment or for
possession brought by Lessor’s assignee. Any assignment of this Lease by Lessee, whether or not permitted by Lessor, shall not release Lessee
from its obligations hereunder.
17. RETURN OF EQUIPMENT: At the end of the original term of this Lease, or if this Lease is terminated under Section 19, Lessee must return
the Equipment at its own expense, to Lessor or to a third-party designated by Lessor, and as applicable, the following must be true: All safety
equipment must be in place and meet applicable federal, state and other governmental standards; All covers and guards must be in place with no
sheet metal, plastic or cowling damage; All parts, pieces, components and optional equipment must be present, installed and operational; All
accessories shall be returned in proper order; All motors shall operate smoothly without overheating and shall have good bearings and bushings;
All electronic controls shall operate per manufacturers’ specifications; Controls which bypass normal operations shall be repaired at Lessee's
expense; All electrical systems shall be able to provide electrical output as specified by the manufacturer; All batteries shall be in good, safe
operating condition with no dead cells or cracked cases; Batteries shall hold a charge and provide adequate power to operate the Equipment; All
Equipment shall have serviceable tires, with 50% remaining tread, retaining proper air pressure, and without repair patches; All oil and grease
seals must contain lubrication in the manufacturer's designed reservoir; All Equipment must have a relatively clean appearance; All Equipment
must be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance detailed in
Equipment operation/maintenance manuals; All Equipment shall be free from structural damage or bent frames; Any usage or metering devices
must not have been altered in any way; All Equipment attachments, if any, must be in good operating condition; All hydraulic cylinders must not
be bent, nicked, gouged or leaking. If the Equipment is an electric golf car, then in addition to the above return provisions: (i) the golf car must be
able to transport two (2) people and their golf clubs; (ii) all batteries and battery terminals must be clean, free of corrosion and have proper battery
water levels; and (iii) each golf car must include operable battery chargers. Additionally, all Equipment must be able to complete the following
tests: operate normally in forward and reverse directions through all its speed ranges or gears, steer normally right and left in both forward and
reverse, have all functions and controls work in a normal manner, be able to stop with its service brakes in a safe distance in both forward and
reverse, operate without leaking any fluids, perform its designed functions in a satisfactory manner, and all cutting units (if applicable) must be
able to lower, turn on, run, raise and shut off as they are designed to do. If any Equipment is damaged or does not meet the standards set forth
above for the return condition of such Equipment or if Lessee fails to discharge Lessee's obligations set forth under this Lease with regard to any
Equipment, Lessee shall remit to Lessor, immediately upon demand, the Stipulated Loss Value of such Equipment. The “Stipulated Loss Value”
for a particular piece of Equipment shall be an amount equal to: (i) the total of all monthly payments and other amounts, if any, due under the
Lease with respect to such Equipment as of the date of payment of the Stipulated Loss Value, plus (ii) all rent not yet due for the Equipment for
the remaining term of this Lease, discounted from their respective due dates at the rate of 3% per annum, plus (iii) the Equipment's "Anticipated
Residual Value" as determined by Lessor's books as of the date of this Lease. Return Condition Standards applicable when the Equipment is Golf
Cars. The Return Condition Standards for golf cars are as follows: (a) Equipment must start, stop, and turn properly; (b) Mechanically, all
Equipment must be in operable condition upon return and capable of being driven onto a transporter; (c) Cosmetically, all Equipment and
component parts are to be returned operable and complete according to the original state, reasonable wear and tear expected; (d) All equipment
shall have serviceable tires, with 50% remaining tread, retaining proper air pressure, and without repair patches; (e) All gauges will be operative
and all fluid levels to manufacturer's specifications; and, (f) if the Equipment is an electric golf car, then in addition to the other Return Condition
Standards: (i) the golf car must be able to transport two (2) people and their golf clubs; (ii) all batteries and battery terminals must be clean, free
of corrosion and have proper battery water levels; and, (iii) each golf car must include operable battery chargers. Any missing Equipment and
parts or damage to the Equipment will result in a separate billing at replacement cost or fair market value. Failure to do so, and at Lessor’s sole
discretion, is a default under this Lease, and in all cases will result in automatic conversion of this Lease to a month-to-month rental agreement on
the same terms. Conversion to a month-to-month rental agreement shall not operate to waive any of Lessor’s rights herein.
18. REPRESENTATIONS AND WARRANTIES: Lessee represents and warrants to Lessor that as of the date hereof, and throughout the term of
the Lease: (a) Lessee is a political subdivision of the state or commonwealth in which it is located and is organized and existing under the
constitution and laws of such state or commonwealth; (b) Lessee has complied, and will comply, fully with all applicable laws, rules, ordinances,
and regulations governing open meetings, public bidding and appropriations required in connection with the Lease, the performance of its
obligations under the Lease and the acquisition and use of the Equipment; (c) the person(s) signing the Lease and any other documents required
to be delivered in connection with the Lease (collectively, the “Documents”) have the authority to do so, are acting with the full authorization of
Lessee's governing body, and hold the offices indicated below their signatures, each of which are genuine; (d) the Documents are and will remain
valid, legal and binding Leases, and are and will remain enforceable against Lessee in accordance with their terms; and (e) the Equipment is
essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be used
during the term of the Lease only by Lessee and only to perform such function. Lessee further represents and warrants to Lessor that, as of the
date each item of Equipment becomes subject to the Lease and any applicable schedule, it has funds available to pay all Lease payments payable
thereunder until the end of Lessee’s then current fiscal year and will request future appropriations sufficient to fulfill Lessee’s obligations under
this Lease.
19. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: To the extent permitted by applicable law, Lessee agrees to take all
necessary and timely action during the Lease term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations under
the Lease (the “Obligations”), including, without limitation, providing for the Obligations in each budget submitted to obtain applicable
appropriations, causing approval of such budget, and exhausting all available reviews and appeals if an appropriation sufficient to satisfy the
Obligations is not made. Notwithstanding anything to the contrary provided in the Lease, if Lessee does not appropriate funds sufficient to make
all payments due during any fiscal year under the Lease and Lessee does not otherwise have funds available to lawfully pay the Lease payments
(a "Non-Appropriation Event"), and provided Lessee is not in default of any of Lessee’s obligations under this Lease as of the effective date of
such termination, Lessee may terminate this Lease effective as of the end of Lessee’s last funded fiscal year (“Termination Date”) without liability
5.B.e
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for future payments or the early termination charge under this Lease, if any, by giving at least 60 days’ prior written notice of termination
(“Termination Notice”) to Lessor. If Lessee terminates the Lease prior to the expiration of the end of the original term of this Lease as permitted
under the terms of this Lease or as set forth herein or in any schedule, Lessee shall (i) on or before the Termination Date, return the Equipment
subject to the terminated Lease in accordance with the return requirements set forth in this Lease, (ii) provide in the Termination Notice a
certification of a responsible official that a Non-Appropriation Event has occurred, (iii) deliver to Lessor, upon request by Lessor, an opinion of
Lessee's counsel (addressed to Lessor) verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and (iv)
pay Lessor all sums payable to Lessor under this Lease up to and including the Termination Date. Lessee acknowledges and agrees that, in the
event of the termination of this Lease and the return of the Equipment as provided for herein, Lessee shall have no interest whatsoever in the
Equipment or proceeds thereof and Lessor shall be entitled to retain for its own account the proceeds resulting from any disposition or re-leasing
of the Equipment along with any advance rentals, security deposits or other sums previously paid by Lessee pursuant to the terms of the Lease.
20. DELIVERY OF CERTAIN DOCUMENTS AND RELATED REQUIREMENTS: Lessee will execute or provide, as requested by Lessor,
annual budget and financial information and such other documents and information, including an opinion of Lessee's counsel as to the validity
and enforceability of this Lease, as are reasonably necessary with respect to the transaction contemplated by this Lease. If Lessee is a "Registered
Organization" (as such term is defined in the UCC), then Lessee will: (i) upon request of Lessor, provide copies of its applicable registered
organization documents; and (ii) not change its legal name or its chief executive office or state of organization, without, in each case, giving Lessor
at least 30 days' prior written notice of any such event.
21. EXCESS USAGE AND SUPPLEMENTAL RENTALS (APPLICABLE TO TURF CARE AND MAINTENANCE EQUIPMENT ONLY):
At the end of the original term of the Lease, Lessee shall remit to Lessor $5.00 per hour on each piece of Equipment that has hourly use in excess
of the maximum hours as indicated above. Lessee shall remit such amounts within ten (10) days of Lessor’s written demand. The hours of use of
a particular item of Equipment shall be determined by the hour meter attached to said Equipment, provided that such meter remains operable and
accurate. If any such hour meter becomes inoperable or inaccurate, Lessee shall immediately repair or replace same, and shall immediately notify
Lessor in writing of such event and of the correct hours of usage of such Equipment during the period of time the hour meter was inoperable or
inaccurate. Lessee shall promptly furnish Lessor such information as Lessor may reasonably request from time to time in order to document the
hours of usage of the Equipment. If this Lease terminates or is cancelled prior to the end of the original term of the Lease, then the Maximum
Hours specified above shall be reduced pro rata based on the number of months remaining in the current year or original term of the Lease, as
applicable.
22. LESSEE WAIVERS: To the extent permitted by law, Lessee waives all rights and remedies against Lessor provided by Article 2A of the UCC.
All other rights and remedies available at law are expressly reserved and shall remain available to Lessee. Lessor will not be liable for specific
performance of this Lease or for any losses, damages, delay, or failure to deliver the Equipment.
23. GENERAL: This Lease may, in Lessor’s sole discretion, be delivered and/or reproduced by facsimile, optical scanning or other electronic means
(“e-copy”) and such e-copy or a printed version thereof shall be enforceable as an original and admissible as such in any court or other proceeding,
provided that there shall be only one original of this Lease and it shall bear the original ink or electronic signature of Lessor and be marked
“Original.” Each party’s electronic signature on this Lease shall be unconditionally valid and legally enforceable, and each party agrees not to
contest the validity or enforceability of any electronic signature (or the authority of the electronic signer to sign). To the extent that this Lease
constitutes chattel paper (as that term is defined by the Uniform Commercial Code), a security or ownership interest intended to be created through
the transfer and possession of this Lease can be done only by the transfer of the “Original” bearing the original ink or electronic signature of
Lessor; provided that, if the “Paper Out” process shall have occurred, or if there shall simultaneously exist both the “Paper Out” printed version
and an electronic version of this Lease, then the “Paper Out” printed version of such document bearing the legend “Original” applied by Lessor
shall constitute the sole chattel paper original and authoritative version. If Lessor permit Lessee to deliver this Lease or any related document to
Lessor via facsimile or other electronic means, Lessee shall deliver to Lessor, promptly on request, such document bearing Lessee's electronic or "wet
ink" signature; provided that neither delivery nor failure to deliver the document bearing Lessee's electronic or "wet ink" signature shall limit or modify
the representations and agreements set forth above. This Lease shall inure to the benefit of and is binding upon the parties and their heirs, personal
representatives, successors, and assigns. This Lease represents the entire agreement between the parties, superseding all prior or contemporaneous
negotiations, discussions, understandings, or agreements pertaining to the subject matter hereof. This Lease shall not be modified without both
parties’ written consent. If any provision of this Lease is deemed unenforceable, then such provision shall be deemed deleted and all other
provisions of this Lease shall remain in full force and effect. Any written notice hereunder shall be deemed given when delivered personally,
deposited with a nationally recognized overnight courier (with all fees pre-paid), delivered via facsimile or e-mail (with confirmation of
transmission), or deposited in the United States mails, certified or registered mail, addressed to recipient at its address set forth above or such other
address as may be substituted therefor by notice given pursuant to the terms hereof. Lessee hereby agrees that Lessor, including its vendors, service
providers, partners, affiliates successors and assigns, may contact Lessee at any telephone number provided to Lessor, by placing voice telephone
calls (including use of automatic telephone dialing systems or prerecorded voice messaging). Lessee authorizes, and represents that all Lessee's
principals have authorized, Lessor to obtain such credit bureau reports and make such other credit inquiries with respect to Lessee and such
principals as Lessor deems appropriate throughout the term of this Lease. On written request, Lessor will identify any reporting agency used for
such a report. Lessee agrees that Lessor may receive from and disclose to other persons, including credit reporting agencies and respective
equipment vendors and suppliers, information about Lessee's accounts and credit experience. Lessee hereby authorizes any person to release to
Lessor credit experience and account information relating to Lessee. Lessee shall execute and deliver to Lessor such other documents and provide
such information, including information identifying the owners of Lessee and its affiliates and their respective ownership interests, as Lessor may
reasonably deem necessary to comply with laws or regulations applicable to Lessor or Lessee, including laws and regulations requiring Lessor to
obtain Lessee's certification of its beneficial owner(s) prior to making payment(s) to Lessee during or after the term of this Lease. Under federal
law, Lessor must obtain, verify and record identifying information for each person opening an account. Lessor will ask for Lessee’s name, address,
date of birth and other identifying information. Lessor may also ask for Lessee’s driver’s license or other identifying documents. This Lease shall
not be deemed terminated until Lessee has fulfilled all obligations herein. Time is of the essence for all purposes of this Lease.
ADDITIONAL TERMS AND CONDITIONS
Lessee acknowledges having read the terms and conditions printed above, and unconditionally agrees to same. Lessee requests that Lessor countersign
this Lease and requests and hereby authorizes Lessor to pay the Equipment vendor/manufacturer.
5.B.e
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Lessor: The Huntington National Bank By: __________________________ Title: ____________________
Lessee: City of Kent, Washington By: __________________________ Dana Ralph, Mayor
THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR
5.B.e
Packet Pg. 68 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
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Lessor: The Huntington National Bank By: __________________________ Title: ____________________
Lessee: City of Kent, Washington By: __________________________ Dana Ralph, Mayor
THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR
5.B.e
Packet Pg. 69 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
LEASE
AGREEMENT
(EQUIPMENT RENTAL)
Golf_RentalAgreement_Muni ver. 03.22.21 444469 12/17/2021 9:03 AM Page 1 of 5
This “Lease”: Lease Agreement Number 008-0742593-102 Dated April 16, 2021
“Lessee”
City of Kent, Washington, 220 Fourth Ave. S, Kent, WA 98032
Fax: E-mail:
"Lessor"
The Huntington National Bank, 1405 Xenium Lane North (PCC180), Plymouth, MN 55441
Fax:319-833-4577 E-mail:customerservice@financediv.com
Number of Rental Payments Rental Payments Advances
48
During a 48 month term that shall be based on the
date Lessor pays the Equipment Supplier, a
monthly payment of $824.41 (the "Standard
Payment") is due beginning March, 2022 and each
March, April, May, June, July, August, September
and October thereafter until a total of 32 Standard
Payments have been made. A payment of $0.00 is
due each November, December, January and
February for a total of 16 $0 Payment Months.
The Total Number of Rental Payments includes
both the Standard Payment Months and the $0
Payment Months. The first due date for a
"Standard Payment" will be determined by Lessor
once it pays the Equipment supplier and the Lessee
has provided a written acknowledgement of its
acceptance of the Equipment.
(Plus any applicable taxes)
First:$0.00
Last:$0.00
Total:$0.00
EQUIPMENT LOCATION & DESCRIPTION: MAXIMUM HOURS:
2019 W Meeker St, Kent, WA 98032:
(3) 2022 Cushman Hauler 1200 Gas together with all attachments and accessories
thereto
N/A
TERMS AND CONDITIONS --READ CAREFULLY BEFORE SIGNING
1. RENTAL: Lessor rents to Lessee and Lessee rents from Lessor the equipment, furniture, fixtures, machinery, inventory, goods and software, as
such terms are defined under the Uniform Commercial Code (“UCC”), described above and in any schedule made a part hereof, together with all
replacements, replacement parts, repairs, returns, substitutions, additions, accessories, and accessions incorporated therein or attached thereto
(collectively, “Equipment”), upon the terms and conditions set forth herein. The parties intend this Lease to be governed by Article 2A of the
UCC. Pursuant to Article 2A, Lessee is entitled to the promises and warranties, including those of any third party, provided to Lessor by the
Equipment supplier. Lessee may contact the Equipment supplier and receive an accurate and complete statement of the promises and warranties,
including any disclaimers and limitations of them or of remedies.
2. PAYMENTS: Other than as set forth in a rider hereto, rental payments are due monthly, beginning the date designated by Lessor and continuing
on the same day of each month as provided for in the above Rental Payment schedule. Lessor may change the payment only with Lessee’s written
agreement through an amendment to this Lease.
3. EQUIPMENT ACCEPTANCE: Lessee shall have accepted the Equipment for purposes of this Lease upon Lessee's delivery of a signed delivery
and acceptance certificate to Lessor signed by an authorized representative of Lessee. Lessee represents that any agent of Lessee who verifies
delivery and acceptance of the Equipment by signing a writing acknowledging delivery and acceptance has actual authority to do so. Upon the
parties’ mutual acceptance of this Lease, THIS LEASE SHALL BE NON-CANCELABLE, and Lessee’s obligations hereunder shall not abate for
any reason other than as provided for in this Lease.
4. DISCLAIMER OF WARRANTIES: AS BETWEEN LESSOR AND LESSEE, THE EQUIPMENT IS BEING RENTED IN “AS IS”
CONDITION, PROVIDED HOWEVER, THAT LESSEE’S ACKNOWLEDGEMENT OF LESSOR’S WAIVER OF WARRANTIES UNDER
THIS LEASE SHALL NOT IN ANY WAY IMPACT OR AFFECT ANY WARRANTIES, EXPRESS OR IMPLIED, BETWEEN LESSEE AND
THE EQUIPMENT SUPPLIER OR VENDOR. LESSEE AGREES THAT LESSOR IS NOT THE MANUFACTURER OR SUPPLIER OF THE
EQUIPMENT. LESSEE HAS SELECTED THE EQUIPMENT BASED UPON ITS OWN JUDGMENT AND ACKNOWLEDGES THAT
LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, DIRECT OR
INDIRECT, EXPRESS OR IMPLIED, AS TO THE SUITABILITY, DURABILITY, DESIGN, OPERATION OR CONDITION OF THE
EQUIPMENT, ITS MERCHANTABILITY, FITNESS FOR USE FOR ANY PARTICULAR PURPOSE, OR OTHERWISE. No broker,
equipment supplier, or other person (other than an employee of Lessor) is an agent of Lessor.
5.B.e
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5. GOVERNING LAW; VENUE OF LITIGATION: THIS LEASE, AND ALL MATTERS ARISING FROM THIS LEASE,
INCLUDING ALL INTEREST AND FINANCE CHARGES HEREUNDER, SHALL IN ALL RESPECTS BE GOVERNED BY
AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON. TO THE EXTENT
PERMITTED BY LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL. THE PARTIES MAY
ENFORCE THIS LEASE IN ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON HAVING
LAWFUL JURISDICTION THEREOF.
6. SECURITY AGREEMENT: In the event this Lease is determined to be governed by Article 9 of the UCC, Lessee hereby grants Lessor a
security interest in all Equipment financed by or rented from Lessor, of any kind or nature whatsoever, wherever located, whether now owned or
hereafter acquired, and all returns, repossessions, substitutions, replacement parts, accessories, and accessions thereto and thereof, and all proceeds
thereof, to secure all present and future obligations of Lessee to Lessor, of every type and description and howsoever evidenced. This Lease shall
be construed so that interest, the applicable interest rate and other charges shall not exceed that allowed by applicable law, and any payment that
otherwise would be deemed unlawful will be applied first to prepay principal and then refunded to Lessee.
7. APPOINTMENT OF ATTORNEY IN FACT: Lessee authorizes Lessor, its successors and assigns to cause this Lease, or any other
document(s) showing the interest of Lessor, including but not limited to UCC financing statements, to be authenticated and filed or recorded. In
addition, Lessee appoints Lessor, its successors and assigns, as Lessee’s attorney-in-fact (1) to arrange for property damage coverage under a
policy of insurance and to transmit Lessee’s premium payments to the insurer on behalf of Lessee in the event that Lessee fails to insure the
Equipment as required under Section 12, (2) to deal with and to direct said insurer as to any matter concerning the claim for, disposition of, and/or
application of proceeds from any policy of insurance, and (3) to receive payments and execute and endorse all documents, checks, drafts, or other
instruments necessary or advisable to secure payments due under any policy of insurance. These appointments and authorizations shall be
continuous. Nothing in this paragraph shall relieve Lessee of its duty to procure required insurance, to make timely insurance claims, and to
otherwise cooperate with insurance carriers and Lessor in seeking insurance coverage and recoveries.
8. UNCONDITIONAL OBLIGATION: Except in the event of termination under Section 19 for non-appropriation, Lessee agrees to be
unconditionally obligated to pay all payments and other amounts due hereunder no matter what happens, even if the Equipment is damaged or
destroyed, if it is defective, if Lessee no longer can use it, or if the manufacturer or supplier ceases doing business or cannot service and/or support
the Equipment, and irrespective of any set-off, counterclaim, defense, or other right which Lessee may have against Lessor or any other person.
9. USE: Lessee agrees that the Equipment will be used for business purposes only and such use shall be in compliance with all applicable laws.
Lessee shall maintain the Equipment in good repair and working order at Lessee's sole expense.
10. TAXES: Lessee agrees to pay all taxes, fees, and governmental charges related to this Lease, which during the term of this Lease or at any time
thereafter may be imposed. If Lessor pays any of the above for Lessee, Lessee agrees to reimburse Lessor on demand, plus interest. Lessor shall
not be obligated to contest any valuation of or tax imposed on the Equipment or this Lease.
11. INDEMNITY: To the extent permitted by law, Lessor is not responsible for any losses or injuries caused by the Equipment. Lessee agrees to
indemnify Lessor with respect to all claims for losses imposed on, incurred by, or asserted against Lessor, including attorneys’ fees and expenses
plus interest, where such claims arise or are caused by Lessee’s negligence, and Lessee agrees to obtain indemnification from the Equipment
supplier to indemnify Lessor for claims related to the Equipment that are not attributable to the Lessee’s negligence. Further, Lessee shall, if
requested by Lessor, defend Lessor against any claims for losses or injuries caused by the Lessee’s negligent performance of this Lease. This
provision shall survive the cancellation, termination or expiration of this Lease.
12. INSURANCE: Lessee shall keep the Equipment insured against loss for not less than its replacement cost or such greater amount as may be
prescribed by any applicable state law specifying minimum insurance requirements, and shall carry public liability insurance, both personal injury
and property damage. Lessee shall name Lessor as an additional insured and as loss payee. If Lessee fails to procure insurance, Lessor may obtain
same and pay the amount due thereon as provided for under Section 7 of this Lease and Lessee shall reimburse Lessor upon demand and, if
required by Lessor, shall pay interest on such sums due and owing at a rate of up to 18% per annum, but in no event more than the maximum rate
permitted by law. With respect to any policy obtained by Lessor under Section 7, Lessor may charge a monthly administrative fee. Any insurance
proceeds received with respect to the Equipment will be applied, at the option of Lessor, to repair, restore, or replace the Equipment, or to pay
Lessor the remaining balance and any other amounts payable hereunder.
13. LATE CHARGES: If Lessee is delinquent in paying any sum due, Lessee shall pay a charge to offset collection expenses on such delinquent
payment of $25.00 or an amount of up to ten percent (10%) of the payment amount that is past due, whichever is greater, but in no event more
than allowed by applicable law. In addition, Lessor will impose a surcharge of up to $30 or the maximum allowed under applicable law for any
dishonored payment.
14. DEFAULT: Any of the following constitute default: (1) Lessee fails to pay any sum due Lessor; (2) Lessee fails to observe or perform any other
term of this Lease; (3) Lessee encumbers or disposes of the Equipment without Lessor’s written consent; (4) The filing by or against Lessee or
any guarantor of Lessee's obligations to Lessor ("Guarantor") of a petition under the Bankruptcy Code or any other insolvency law; (5) The
voluntary or involuntary commencement of any formal or informal proceeding for dissolution, liquidation, settlement of claims against or winding
up of Lessee’s or a Guarantor's affairs, or Lessee or a Guarantor, if applicable, ceases doing business of going concern; (6) Any representation or
warranty made by Lessee or a Guarantor in connection herewith proves to have been materially misleading; (7) Lessee is in default under any
other contract or agreement with Lessor; (8) any Guarantor repudiates or attempts to revoke any guaranty of Lessee's obligations to Lessor related
to this Lease.
15. REMEDIES: Upon an occurrence of default, Lessor may exercise one or more of the following remedies: (1) Declare due, sue for, and receive
from Lessee the sum of all payments and other amounts then due and owing in the current fiscal year under this Lease or any schedule hereto, (2)
Require Lessee to return the Equipment at its own expense to any reasonable location Lessor designates; (3) Cancel or terminate this Lease or any
other agreement between Lessee and Lessor; (4) Charge Lessee interest on all monies due hereunder from and after the date of default at the rate
of 18% per annum, compounded monthly until paid in full, but in no event more than the maximum rate permitted by law; (5) Charge Lessee for
any other amounts provided for in this Lease. In addition, Lessor may use any other remedies available to it under applicable law. These remedies
will be applied, to the extent allowed by law, cumulatively. No delay in exercising any right or remedy shall operate as a waiver of any right or
remedy or modify the terms of this Lease. A waiver of default shall not be construed as a waiver of any other or subsequent default. In addition to
all of Lessor's other rights and remedies, Lessee agrees to pay Lessor all costs and expenses, including attorneys’ fees, incurred by Lessor in
5.B.e
Packet Pg. 71 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
Golf_RentalAgreement_Muni ver. 03.22.21 444469 12/17/2021 9:03 AM Page 3 of 5
exercising or attempting to exercise any of its rights or remedies. If appropriate in the circumstances, remedies will include those available under
Article 9 of the UCC.
16. ASSIGNMENT: Lessee may not sublet, lend, assign, or pledge this Lease, the Equipment, or any interest in either, or permit any lien or security
interest thereon. Upon notice and acceptance by Lessee, which acceptance shall not be unreasonably withheld, any and all of Lessor’s interest and
rights in the Equipment and under this Lease may be assigned, pledged, or otherwise disposed of. Each assignee shall be entitled to exercise all
rights and remedies of Lessor with respect to any and all obligations assigned to such assignee, and all references herein to "Lessor" shall include
Lessor’s assignee, except that said assignee shall not be chargeable with any obligations or liabilities of Lessor hereunder. Lessee will not assert
against Lessor’s assignee any defense, counterclaim or setoff on account of breach of warranty or otherwise in any action for payment or for
possession brought by Lessor’s assignee. Any assignment of this Lease by Lessee, whether or not permitted by Lessor, shall not release Lessee
from its obligations hereunder.
17. RETURN OF EQUIPMENT: At the end of the original term of this Lease, or if this Lease is terminated under Section 19, Lessee must return
the Equipment at its own expense, to Lessor or to a third-party designated by Lessor, and as applicable, the following must be true: All safety
equipment must be in place and meet applicable federal, state and other governmental standards; All covers and guards must be in place with no
sheet metal, plastic or cowling damage; All parts, pieces, components and optional equipment must be present, installed and operational; All
accessories shall be returned in proper order; All motors shall operate smoothly without overheating and shall have good bearings and bushings;
All electronic controls shall operate per manufacturers’ specifications; Controls which bypass normal operations shall be repaired at Lessee's
expense; All electrical systems shall be able to provide electrical output as specified by the manufacturer; All batteries shall be in good, safe
operating condition with no dead cells or cracked cases; Batteries shall hold a charge and provide adequate power to operate the Equipment; All
Equipment shall have serviceable tires, with 50% remaining tread, retaining proper air pressure, and without repair patches; All oil and grease
seals must contain lubrication in the manufacturer's designed reservoir; All Equipment must have a relatively clean appearance; All Equipment
must be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance detailed in
Equipment operation/maintenance manuals; All Equipment shall be free from structural damage or bent frames; Any usage or metering devices
must not have been altered in any way; All Equipment attachments, if any, must be in good operating condition; All hydraulic cylinders must not
be bent, nicked, gouged or leaking. If the Equipment is an electric golf car, then in addition to the above return provisions: (i) the golf car must be
able to transport two (2) people and their golf clubs; (ii) all batteries and battery terminals must be clean, free of corrosion and have proper battery
water levels; and (iii) each golf car must include operable battery chargers. Additionally, all Equipment must be able to complete the following
tests: operate normally in forward and reverse directions through all its speed ranges or gears, steer normally right and left in both forward and
reverse, have all functions and controls work in a normal manner, be able to stop with its service brakes in a safe distance in both forward and
reverse, operate without leaking any fluids, perform its designed functions in a satisfactory manner, and all cutting units (if applicable) must be
able to lower, turn on, run, raise and shut off as they are designed to do. If any Equipment is damaged or does not meet the standards set forth
above for the return condition of such Equipment or if Lessee fails to discharge Lessee's obligations set forth under this Lease with regard to any
Equipment, Lessee shall remit to Lessor, immediately upon demand, the Stipulated Loss Value of such Equipment. The “Stipulated Loss Value”
for a particular piece of Equipment shall be an amount equal to: (i) the total of all monthly payments and other amounts, if any, due under the
Lease with respect to such Equipment as of the date of payment of the Stipulated Loss Value, plus (ii) all rent not yet due for the Equipment for
the remaining term of this Lease, discounted from their respective due dates at the rate of 3% per annum, plus (iii) the Equipment's "Anticipated
Residual Value" as determined by Lessor's books as of the date of this Lease. Return Condition Standards applicable when the Equipment is Golf
Cars. The Return Condition Standards for golf cars are as follows: (a) Equipment must start, stop, and turn properly; (b) Mechanically, all
Equipment must be in operable condition upon return and capable of being driven onto a transporter; (c) Cosmetically, all Equipment and
component parts are to be returned operable and complete according to the original state, reasonable wear and tear expected; (d) All equipment
shall have serviceable tires, with 50% remaining tread, retaining proper air pressure, and without repair patches; (e) All gauges will be operative
and all fluid levels to manufacturer's specifications; and, (f) if the Equipment is an electric golf car, then in addition to the other Return Condition
Standards: (i) the golf car must be able to transport two (2) people and their golf clubs; (ii) all batteries and battery terminals must be clean, free
of corrosion and have proper battery water levels; and, (iii) each golf car must include operable battery chargers. Any missing Equipment and
parts or damage to the Equipment will result in a separate billing at replacement cost or fair market value. Failure to do so, and at Lessor’s sole
discretion, is a default under this Lease, and in all cases will result in automatic conversion of this Lease to a month-to-month rental agreement on
the same terms. Conversion to a month-to-month rental agreement shall not operate to waive any of Lessor’s rights herein.
18. REPRESENTATIONS AND WARRANTIES: Lessee represents and warrants to Lessor that as of the date hereof, and throughout the term of
the Lease: (a) Lessee is a political subdivision of the state or commonwealth in which it is located and is organized and existing under the
constitution and laws of such state or commonwealth; (b) Lessee has complied, and will comply, fully with all applicable laws, rules, ordinances,
and regulations governing open meetings, public bidding and appropriations required in connection with the Lease, the performance of its
obligations under the Lease and the acquisition and use of the Equipment; (c) the person(s) signing the Lease and any other documents required
to be delivered in connection with the Lease (collectively, the “Documents”) have the authority to do so, are acting with the full authorization of
Lessee's governing body, and hold the offices indicated below their signatures, each of which are genuine; (d) the Documents are and will remain
valid, legal and binding Leases, and are and will remain enforceable against Lessee in accordance with their terms; and (e) the Equipment is
essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be used
during the term of the Lease only by Lessee and only to perform such function. Lessee further represents and warrants to Lessor that, as of the
date each item of Equipment becomes subject to the Lease and any applicable schedule, it has funds available to pay all Lease payments payable
thereunder until the end of Lessee’s then current fiscal year and will request future appropriations sufficient to fulfill Lessee’s obligations under
this Lease.
19. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: To the extent permitted by applicable law, Lessee agrees to take all
necessary and timely action during the Lease term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations under
the Lease (the “Obligations”), including, without limitation, providing for the Obligations in each budget submitted to obtain applicable
appropriations, causing approval of such budget, and exhausting all available reviews and appeals if an appropriation sufficient to satisfy the
Obligations is not made. Notwithstanding anything to the contrary provided in the Lease, if Lessee does not appropriate funds sufficient to make
all payments due during any fiscal year under the Lease and Lessee does not otherwise have funds available to lawfully pay the Lease payments
(a "Non-Appropriation Event"), and provided Lessee is not in default of any of Lessee’s obligations under this Lease as of the effective date of
such termination, Lessee may terminate this Lease effective as of the end of Lessee’s last funded fiscal year (“Termination Date”) without liability
5.B.e
Packet Pg. 72 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
Golf_RentalAgreement_Muni ver. 03.22.21 444469 12/17/2021 9:03 AM Page 4 of 5
for future payments or the early termination charge under this Lease, if any, by giving at least 60 days’ prior written notice of termination
(“Termination Notice”) to Lessor. If Lessee terminates the Lease prior to the expiration of the end of the original term of this Lease as permitted
under the terms of this Lease or as set forth herein or in any schedule, Lessee shall (i) on or before the Termination Date, return the Equipment
subject to the terminated Lease in accordance with the return requirements set forth in this Lease, (ii) provide in the Termination Notice a
certification of a responsible official that a Non-Appropriation Event has occurred, (iii) deliver to Lessor, upon request by Lessor, an opinion of
Lessee's counsel (addressed to Lessor) verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and (iv)
pay Lessor all sums payable to Lessor under this Lease up to and including the Termination Date. Lessee acknowledges and agrees that, in the
event of the termination of this Lease and the return of the Equipment as provided for herein, Lessee shall have no interest whatsoever in the
Equipment or proceeds thereof and Lessor shall be entitled to retain for its own account the proceeds resulting from any disposition or re-leasing
of the Equipment along with any advance rentals, security deposits or other sums previously paid by Lessee pursuant to the terms of the Lease.
20. DELIVERY OF CERTAIN DOCUMENTS AND RELATED REQUIREMENTS: Lessee will execute or provide, as requested by Lessor,
annual budget and financial information and such other documents and information, including an opinion of Lessee's counsel as to the validity
and enforceability of this Lease, as are reasonably necessary with respect to the transaction contemplated by this Lease. If Lessee is a "Registered
Organization" (as such term is defined in the UCC), then Lessee will: (i) upon request of Lessor, provide copies of its applicable registered
organization documents; and (ii) not change its legal name or its chief executive office or state of organization, without, in each case, giving Lessor
at least 30 days' prior written notice of any such event.
21. EXCESS USAGE AND SUPPLEMENTAL RENTALS (APPLICABLE TO TURF CARE AND MAINTENANCE EQUIPMENT ONLY):
At the end of the original term of the Lease, Lessee shall remit to Lessor $5.00 per hour on each piece of Equipment that has hourly use in excess
of the maximum hours as indicated above. Lessee shall remit such amounts within ten (10) days of Lessor’s written demand. The hours of use of
a particular item of Equipment shall be determined by the hour meter attached to said Equipment, provided that such meter remains operable and
accurate. If any such hour meter becomes inoperable or inaccurate, Lessee shall immediately repair or replace same, and shall immediately notify
Lessor in writing of such event and of the correct hours of usage of such Equipment during the period of time the hour meter was inoperable or
inaccurate. Lessee shall promptly furnish Lessor such information as Lessor may reasonably request from time to time in order to document the
hours of usage of the Equipment. If this Lease terminates or is cancelled prior to the end of the original term of the Lease, then the Maximum
Hours specified above shall be reduced pro rata based on the number of months remaining in the current year or original term of the Lease, as
applicable.
22. LESSEE WAIVERS: To the extent permitted by law, Lessee waives all rights and remedies against Lessor provided by Article 2A of the UCC.
All other rights and remedies available at law are expressly reserved and shall remain available to Lessee. Lessor will not be liable for specific
performance of this Lease or for any losses, damages, delay, or failure to deliver the Equipment.
23. GENERAL: This Lease may, in Lessor’s sole discretion, be delivered and/or reproduced by facsimile, optical scanning or other electronic means
(“e-copy”) and such e-copy or a printed version thereof shall be enforceable as an original and admissible as such in any court or other proceeding,
provided that there shall be only one original of this Lease and it shall bear the original ink or electronic signature of Lessor and be marked
“Original.” Each party’s electronic signature on this Lease shall be unconditionally valid and legally enforceable, and each party agrees not to
contest the validity or enforceability of any electronic signature (or the authority of the electronic signer to sign). To the extent that this Lease
constitutes chattel paper (as that term is defined by the Uniform Commercial Code), a security or ownership interest intended to be created through
the transfer and possession of this Lease can be done only by the transfer of the “Original” bearing the original ink or electronic signature of
Lessor; provided that, if the “Paper Out” process shall have occurred, or if there shall simultaneously exist both the “Paper Out” printed version
and an electronic version of this Lease, then the “Paper Out” printed version of such document bearing the legend “Original” applied by Lessor
shall constitute the sole chattel paper original and authoritative version. If Lessor permit Lessee to deliver this Lease or any related document to
Lessor via facsimile or other electronic means, Lessee shall deliver to Lessor, promptly on request, such document bearing Lessee's electronic or "wet
ink" signature; provided that neither delivery nor failure to deliver the document bearing Lessee's electronic or "wet ink" signature shall limit or modify
the representations and agreements set forth above. This Lease shall inure to the benefit of and is binding upon the parties and their heirs, personal
representatives, successors, and assigns. This Lease represents the entire agreement between the parties, superseding all prior or contemporaneous
negotiations, discussions, understandings, or agreements pertaining to the subject matter hereof. This Lease shall not be modified without both
parties’ written consent. If any provision of this Lease is deemed unenforceable, then such provision shall be deemed deleted and all other
provisions of this Lease shall remain in full force and effect. Any written notice hereunder shall be deemed given when delivered personally,
deposited with a nationally recognized overnight courier (with all fees pre-paid), delivered via facsimile or e-mail (with confirmation of
transmission), or deposited in the United States mails, certified or registered mail, addressed to recipient at its address set forth above or such other
address as may be substituted therefor by notice given pursuant to the terms hereof. Lessee hereby agrees that Lessor, including its vendors, service
providers, partners, affiliates successors and assigns, may contact Lessee at any telephone number provided to Lessor, by placing voice telephone
calls (including use of automatic telephone dialing systems or prerecorded voice messaging). Lessee authorizes, and represents that all Lessee's
principals have authorized, Lessor to obtain such credit bureau reports and make such other credit inquiries with respect to Lessee and such
principals as Lessor deems appropriate throughout the term of this Lease. On written request, Lessor will identify any reporting agency used for
such a report. Lessee agrees that Lessor may receive from and disclose to other persons, including credit reporting agencies and respective
equipment vendors and suppliers, information about Lessee's accounts and credit experience. Lessee hereby authorizes any person to release to
Lessor credit experience and account information relating to Lessee. Lessee shall execute and deliver to Lessor such other documents and provide
such information, including information identifying the owners of Lessee and its affiliates and their respective ownership interests, as Lessor may
reasonably deem necessary to comply with laws or regulations applicable to Lessor or Lessee, including laws and regulations requiring Lessor to
obtain Lessee's certification of its beneficial owner(s) prior to making payment(s) to Lessee during or after the term of this Lease. Under federal
law, Lessor must obtain, verify and record identifying information for each person opening an account. Lessor will ask for Lessee’s name, address,
date of birth and other identifying information. Lessor may also ask for Lessee’s driver’s license or other identifying documents. This Lease shall
not be deemed terminated until Lessee has fulfilled all obligations herein. Time is of the essence for all purposes of this Lease.
ADDITIONAL TERMS AND CONDITIONS
Lessee acknowledges having read the terms and conditions printed above, and unconditionally agrees to same. Lessee requests that Lessor countersign
this Lease and requests and hereby authorizes Lessor to pay the Equipment vendor/manufacturer.
5.B.e
Packet Pg. 73 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
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Lessor: TCF National Bank By: __________________________ Title: ____________________
Lessee: City of Kent, Washington By: __________________________ Dana Ralph, Mayor
THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR
5.B.e
Packet Pg. 74 Attachment: Three Lease Agreements with The Huntington National Bank (2983 : Riverbend Golf Cart Use Agreement and Financing Lease
PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: January 6, 2022
TO: Parks and Human Services Committee
SUBJECT: Facilities Recap and Work Plan - Info
SUMMARY: Will Moore, Facilities Superintendent to provide a recap of work
completed in 2021 and what projects and work to look forward to in 2022.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
5.C
Packet Pg. 75
PARKS AND HUMAN SERVICES COMMITTEE
Julie Parascondola, CPRE Parks Director
220 Fourth Avenue South
Kent, WA 98032
253-856-5100
DATE: January 6, 2022
TO: Parks and Human Services Committee
SUBJECT: Directors Report - Info
SUMMARY: Julie Parascondola, Director of the Parks, Recreation and Community
Services Department, will inform the committee of noteworthy information and
upcoming events.
SUPPORTS STRATEGIC PLAN GOAL:
Evolving Infrastructure - Connecting people and places through strategic investments in physical
and technological infrastructure.
Thriving City - Creating safe neighborhoods, healthy people, vibrant commercial districts, and
inviting parks and recreation.
Sustainable Services - Providing quality services through responsible financial management,
economic growth, and partnerships.
Inclusive Community - Embracing our diversity and advancing equity through genuine community
engagement.
5.D
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