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Home My WebLink AboutCity Council Committees - Parks and Human Services Committee - 01/06/2022 4^* Parks and Human Services • Committee KEN T Thursday, January 6, 2022 WASHINGTON 4:0 0 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 YES Chair 05 MIN. Minutes 5. Business A. Lunar Lander / Mission YES Terry Jungman 05 MIN. Control Contract for Kherson Park - Authorize B. Riverbend Golf Complex - YES Pete Petersen 10 MIN. Golf Cart Use Agreement and Financing Lease Agreements - Authorize C. Facilities Recap and Work NO Will Moore 20 MIN. Plan - Info 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 CC Parks January 6, 2022 Regular Meeting D. Directors Report - Info NO Julie Parascondola 10 MIN. 6. Adjournment Chair 01 MIN. 4.1 Pending Approval Parks and Human Services KENT Committee W—...... 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 r Agenda: 4- 0 1. Call to Order 4:00 p.m. 0 2. Roll Call a Q Attendee Name Title Status Arrived Zandria Michaud Chair Present _ a 0 Satwinder Kaur Councilmember _Present _ Toni Troutner Councilmember Present N 0 N 3. Agenda Approval ti r U 4. Business o 0 A. 2868 : Approval of the 2022 SKHHP Work Plan - Accept w This was a unanimous vote. MOTION: I move to approve the 2022 South King Housing and a� Homelessness Partners Work Plan as adopted by the SKHHP Executive Board on July 23, 2021. a aD RESULT: MOTION PASSES [UNANIMOUS] Next: 10/19/2021 7:00 PM Q MOVER: Toni Troutner, Councilmember SECONDER: Satwinder Kaur, Councilmember c AYES: Michaud, Kaur, Troutner g 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. ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page I of 2 Packet Pg. 3 4.1 Parks and Human Services Committee CC Parks October 7, 2021 Regular Meeting Kent, Washington Minutes ......................................................................................................................................................................................................................................................................................................._............................................................................................................................................................................................................... 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. 4- 0 RESULT: MOTION PASSES [UNANIMOUS] Next: 10/19/2021 7:00 PM o MOVER: Toni Troutner, Councilmember Q. SECONDER: Satwinder Kaur, Councilmember Q AYES: Michaud, Kaur, Troutner a 5. Adjournment p.m. o Roiica&la4htey N O Committee Secretary N ti r 0 0 m w 0 c ui c R a m Q m 0 c ......................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Page 2 of 2 Packet Pg. 4 5.A PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 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 CreBplay. 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: Packet Pg. 5 5.A 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) Packet Pg. 6 5.A.a 4000, KENT WAs H1—To. GOODS & SERVICES AGREEMENT between the City of Kent and Northwest Playground Equipment Inc. a r- 0 THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation ;n (hereinafter the "City"), and Northwest Playground Equipment Inc. organized under the laws of the State of Y Washington, located and doing business at 345 NW Dogwood Street/PO Box 2410, Issaquah, WA 98027 L (hereinafter the "Vendor"). 0 r M AGREEMENT c 0 I. DESCRIPTION OF WORK. v 0 L The Vendor shall provide the following goods and materials and/or perform the following services for o the City: v c 0 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 a� Renovation project. 0 J L M J 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 rn 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. L III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $300,947.34, Q 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: m Cn 06 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: o 0 • 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 - r $84,265.26 Q 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. GOODS & SERVICES AGREEMENT - 1 (Over$20,000, including WSST) Packet Pg. 7 5.A.a 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. L A. Defective or Unauthorized Work. The City reserves its right to withhold payment from the a Vendor for any defective or unauthorized goods, materials or services. If the Vendor is o 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 Y any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, `o including legal costs and attorney fees, incurred by the City beyond the maximum Agreement r price specified above. The City further reserves its right to deduct these additional costs L incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Vendor. ° tU O B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL c CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND v IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS r 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: J A. The Vendor has the ability to control and direct the performance and details of its L- work, the City being interested only in the results obtained under this Agreement. J B. The Vendor maintains and pays for its own place of business from which the Vendor's N services under this Agreement will be performed. N 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 E Vendor's services, or the Vendor is engaged in an independently established trade, L occupation, profession, or business of the same nature as that involved under this Q 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 Cn and the state Department of Revenue. 06 E. The Vendor has registered its business and established an account with the state 0 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. E U F. The Vendor maintains a set of books dedicated to the expenses and earnings of its Q 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. GOODS & SERVICES AGREEMENT - 2 (Over$20,000, including WSST) Packet Pg. 8 5.A.a 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 p 9 Y Y � before actually receiving the written amendment. If the Vendor fails to require an amendment within the a time allowed, the Vendor waives its right to make any claim or submit subsequent amendment requests for o that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor must L m complete the amended work; however, the Vendor may elect to protest the adjustment as provided in Y subsections A through E of Section VIII, Claims, below. `o 0 r The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate um 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 0 time and for direct, indirect and consequential costs, including costs of delays related to any work, either o covered or affected by the change. 0 VII. FORCE MA)EURE. Neither party shall be liable to the other for breach due to delay or failure r- in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, •2 or other natural disaster or acts of government ("force majeure event"). Performance that is prevented or N 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. J If any future performance is prevented or delayed by a force majeure event, the party whose C4 performance is prevented or delayed shall promptly notify the other party of the existence and nature of N 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 E continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. L a� a Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City aui shall not be liable for, the payment of any part of the contract price during a force majeure event, or any .2 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 Cn Majeure provision. 06 If a force majeure event occurs, the City may direct the Vendor to restart any work or performance 0 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 E 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 Q 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 GOODS & SERVICES AGREEMENT - 3 (Over$20,000, including WSST) Packet Pg. 9 5.A.a 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 a THAT DELAY. o L A. Notice of Claim. Provide a signed written notice of claim that provides the following Y information: `o o r 1. The date of the Vendor's claim; M 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 0 4. The estimated dollar cost, if any, of the claimed work and how that estimate o was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption 0 if the Vendor is asserting a schedule change or disruption. r- 0 B. Records. The Vendor shall keep complete records of extra costs and time incurred as a result N 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. c 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. J C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor shall proceed C4 promptly to provide the goods, materials and services required by the City under this N Agreement. c a� D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Vendor E also waives any additional entitlement and accepts from the City any written or oral order L (including directions, instructions, interpretations, and determination). a N 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 Cn determination). 06 U) IX. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING (oo7 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. E X. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work Q 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 GOODS & SERVICES AGREEMENT - 4 (Over$20,000, including WSST) Packet Pg. 10 5.A.a 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 an sub-contract the Vendor, its sub-contractors or an person actin on behalf of the 9 Y � � � Y p 9 � Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national a origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who cc is qualified and available to perform the work to which the employment relates. Y The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, `o Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached r Compliance Statement. M L XII. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, its officers, o U officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or o 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 0 negligence. r_ 0 N The City's inspection or acceptance of any of the Vendor's work when completed shall not be grounds N to avoid any of these covenants of indemnification. a� IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, J TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER -. ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. J 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 N 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 E Vendor's part. L a� a 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. Cn 06 XIV. WORK PERFORMED AT VENDOR'S RISK. The Vendor shall take all necessary precautions c and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of 0 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. E U XV. MISCELLANEOUS PROVISIONS. r Q 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 GOODS & SERVICES AGREEMENT - 5 (Over$20,000, including WSST) Packet Pg. 11 5.A.a 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 a award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's o right to indemnification under Section XII of this Agreement. Y D. Written Notice. All communications regarding this Agreement shall be sent to the parties at `o the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written r notice hereunder shall become effective three (3) business days after the date of mailing by registered or um certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this c Agreement or such other address as may be hereafter specified in writing. i0 0 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, 0 the terms of this Agreement shall continue in full force and effect and no further assignment shall be made r 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. c 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 J Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any c4 language contained in this Agreement, the terms of this Agreement shall prevail. N 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 E business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of L the performance of those operations. Q N 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 Cn subject to public review and disclosure, even if those records are not produced to or possessed by the City 6 of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and c obligations under the Public Records Act. 0 J. City Business License Required. Prior to commencing the tasks described in Section I, m Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the E Kent City Code. U r r K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any Q 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 GOODS & SERVICES AGREEMENT - 6 (Over$20,000, including WSST) Packet Pg. 12 5.A.a 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: CITY OF KENT: L a By: By: 0 L Print Name: Print Name: Dana Ralph Y L 0 Its Its Mayor r L DATE: DATE: 0 U 0 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: 0 U VENDOR: CITY OF KENT: c 0 Chris McGarvey Terry Jungman Northwest Playground Equipment City of Kent PO Box 2410 220 Fourth Avenue South Issaquah, WA 98027 Kent, WA 98032 c J 425-313-9161 (telephone) (253) 856-5112 (telephone) c chris@nwplayground.com (email) tjungman@kentwa.gov (email) J APPROVED AS TO FORM: N rn N a+ C N Kent Law Department E m m L ATTEST: Q N N V d Kent City Clerk Cn 06 0 0 c� P:\Planning\Kherson Park\Redevelopment 2019-20\Replica Lander and Mission Control\NW Playground-Lander&Mission Control Mfr-CONTRACT a+ C d E t V R a+ a+ Q GOODS & SERVICES AGREEMENT - 7 (Over$20,000, including WSST) Packet Pg. 13 5.A.a 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. cu The following questions specifically identify the requirements the City deems necessary for any o 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. Y If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the '0- directives outlines, it will be considered a breach of contract and it will be at the City's sole u determination regarding suspension or termination for all or part of the Agreement; M c 0 The questions are as follows: L) 0 L 1. I have read the attached City of Kent administrative policy number 1.2. 0 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, •2 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. 0 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. N on rl 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 E above. L By signing below, I agree to fulfill the five requirements referenced above. Q N N V By: cn N For: c 0 c� Title: c as Date: U Q EEO COMPLIANCE DOCUMENTS - 1 of 3 Packet Pg. 14 5.A.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 L a c SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 0 CONTRACTORS APPROVED BY Jim White, Mayor Y POLICY: ,o r 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 o amounting to $10,000 or more within any given year, must take the following affirmative steps: 0 U 1. Provide a written statement to all new employees and subcontractors indicating c commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. i a� Any contractor, subcontractor, consultant or supplier who willfully disregards the City's J 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. ; J Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Go Works Departments to assume the following duties for their respective departments. N 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. Q N 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. a� Cn 0 0 c� c m E U 0 r r Q EEO COMPLIANCE DOCUMENTS - 2 of 3 Packet Pg. 15 5.A.a 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. M a I, the undersigned, a duly represented agent of o L Company, hereby acknowledge and declare that the before-mentioned company was the prime Y contractor for the Agreement known as that was entered into on 4° the (date), between the firm I represent and the City of L Kent. o U O L I declare that I complied fully with all of the requirements and obligations as outlined in the City u of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity •2 Policy that was part of the before-mentioned Agreement. a� c M J L By. J For: 00 0) N Title: c aD Date: a� L Q 0 V ,0 Cn 06 0 ,0 V c0 E V Q EEO COMPLIANCE DOCUMENTS - 3 of 3 Packet Pg. 16 Northwest Playground Equipment, Inc. Ex 5.A.a PO Box 2410,Issaquah,WA 98027-0109 A, Phone(425)313-9161 FAX(425)313-9194 Email:sales@nwplayground.com QUOTE This quote is only valid for 30 days. To: City of Kent Quote# 11/23/21-MCG-1 Re: Kherson Park Date: 11/23/2021 Contact Name: Terry Jungman Phone: 253-856-5112 Y Email: TJungman(a-)KentWA.gov Fax: 253-856-6050 Item# Qty Description Price Total Price 0- EQUIPMENT o Cre8Play L CUST 1 Mission Control $ 90,800.00 Y CUST 1 Lunar Lander $ 221,200.00 L O r v M L O U O L O U c O N N Equipment Subtotal $ 312,000.00 Cre8Play Northwest Playground Equipment Discount: NPEI 8.00% $ (24,960.00) Freight: $ 11,300.00 Equipment Total(less tax) $ 298,340.00 CERTIFIED INSTALLATION Installation is NOT provided but AVAILABLE Upon Request $ rn N a+ C N E Installation Total: $ - m LESS Original Design Contract: $ (25,000.00) L Bond or CC Convenience Fee: Performance Bond(If Required): 3.0% $ - Q Location Code: Resale Certificate Required for Tax Exemption: Tax: 10.1% $ 27,607.34 ORDER TOTAL: $ 300,947.34 v All quotes are subject to material and fuel surcharges. U) 06 Acceptance of Proposal: (Please be sure you have read, signed, initialed and understand the Terms and Conditions on Page 2 of this Quote) o The items, prices and conditions listed herein are satisfactory and are hereby accepted. c m Title Customer Signature Date E v Thank you for considering Northwest Playground Equipment, Inc. for your r Park, Playground, Shelter and Sports Equipment requirements. Q PAGE 1 of 2 Packet Pg. 17 5.A.a EXHIBIT B INSURANCE REQUIREMENTS FOR SERVICE CONTRACTS Insurance L The Contractor shall procure and maintain for the duration of the Agreement, r- insurance against claims for injuries to persons or damage to property which 0 may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or Y subcontractors. L 0 r A. Minimum Scope of Insurance L c Contractor shall obtain insurance of the types described below: 0 0 1. Commercial General Liabil� insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability c0 arising from premises, operations, independent contractors, products-completed operations, personal injury and c 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 0 substitute endorsement providing equivalent coverage. I- M r- 2. Automobile Liability insurance covering all owned, non- owned, hired and leased vehicles. Coverage shall be written N on Insurance Services Office (ISO) form CA 00 01 or a o substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. a� 3. Workers' Compensation__cove rage as required by the Industrial Insurance laws of the State of Washington. Q N N V d B. Minimum Amounts of Insurance Cn 06 Contractor shall maintain the following insurance limits: c 0 0 1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 a general aggregate and a $2,000,000 products-completed E operations aggregate limit. U M 2. Automobile Liability insurance with a minimum combined Q single limit for bodily injury and property damage of $1,000,000 per accident. Packet Pg. 18 5.A.a EXHIBIT B (Continued) C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following a provisions for Automobile Liability and Commercial General Liability r_ insurance: 0 L 1. The Contractor's insurance coverage shall be primary insurance as respect Y the City. Any Insurance, self-insurance, or insurance pool coverage `o maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. M L 2. The Contractor's insurance shall be endorsed to state that coverage shall 0 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. 0 U 3. The City of Kent shall be named as an additional insured on all policies 0 (except Professional Liability) as respects work performed by or on behalf N of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The i City reserves the right to receive a certified 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 _J insured against whom claim is made or suit is brought, except with c respects to the limits of the insurer's liability. J D. Acceptability of Insurers N on N Insurance is to be placed with insurers with a current A.M. Best rating of not , less than ANII. E E. Verification of Coverage L Contractor shall furnish the City with original certificates and a copy of the y amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. Cn 06 F. Subcontractors 0 0 Contractor shall include all subcontractors as insureds under its policies or c� shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance E requirements as stated herein for the Contractor. U Q Packet Pg. 19 5.A.b CITY OF KENT PARKS, RECREATION &COMMUNITY SERVICES • Julie Parascondola, Director KENT 220 4th Avenue South W A 5 H I NGTGN Kent, WA 98032 Fax: 253-856-6050 PHONE: 253-856-5100 Memo L a c To: Dana Ralph, Mayor 0 L From: Julie Parascondola, Director Y CC: Brian Levenhagen, Deputy Director c Date: December 13, 2021 L Re: Request for Waiver of Bidding Requirements Pursuant to KCC 3.7.110 for Purchase 0 of the Lunar Lander and Mission Control Play Elements U 0 L 0 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 2 Lunar Lander and Mission Control Play Elements from Northwest Playground Equipment, Inc. as n a local representative of Cre8P1ay. 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). J 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 J Economic and Community Development (ECD) to promote and celebrate the City's legacy of aero CN and outer space innovation by memorializing Kent's role in aerospace history. These components Go 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 E purchased by the City in 2017 and 2019 respectively for this project. The final design phase of 0 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 ;v implementing the space-themed concepts proposed for Kherson Park. PRCS contracted with o Cre8P1ay for the fabrication of the LRV and Astronaut structures and found them to be more than a 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 E 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, a 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. Packet Pg. 20 5.A.b 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. Y L APPROVED: r- O N L Y L Mayor Dana Ralph Date ca L r O U 0 L O U c O .y N d C J L J N Go a) N O E d L r E L V O L a c a� E z U r Q • Page 2 Packet Pg. 21 5.B PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 W A S H i N G T O N 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. Packet Pg. 22 5.B 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) Packet Pg. 23 5.B.a KENT 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 a (hereinafter the "City"), and Pacific Golf&Turf, LLC organized under the laws of the State of Washington, aEi located and doing business at 1818 Bickford Avenue, Snohomish, WA 98290 (hereinafter the "Vendor"). a AGREEMENT y m I. DESCRIPTION OF WORK. a� c The Vendor shall provide the following goods and materials and/or perform the following services for c the City: c ii c 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: ;v Q • Thirty-six (36) 2022 E-Z-GO RXV Elite lithium battery-powered golf carts, together n with all attachments and accessories thereto; • Two (2) 2022 E-Z-GO RXV gas-powered marshal golf carts; 0 • Thirty-six (36) 2022 E-Z-GO RXV gas-powered golf carts, together with all attachments and accessories thereto; E. E. d • Two (2) 2022 Cushman Hauler 120OG EFI utility carts; and >_ • One (1) 2022 Cushman Hauler 120OG EFI range picker cart. 00 N in accordance with the specifications attached and incorporated as Exhibit A. c m E as 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 a services through other sources. N II. TIME OF COMPLETION. Upon the effective date of this Agreement, the Vendor shall deliver c the equipment listed in Section I of this Agreement at a location and on a date and time mutually acceptable E 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 Q all other obligations under this Agreement, whichever event occurs last. Once the financing lease agreements with the Banks terminate, Vendor will take back possession of the equipment identified in Section I. Vendor shall coordinate with the City the Vendor's pick-up of the equipment at the City's facilities on a date and at a time mutually agreeable to the City and Vendor. III. COMPENSATION. In exchange for the City's use of the equipment described in Section I and Vendor's performance in accordance with the terms of this Agreement, the Vendor shall receive GOLF CART USE AGREEMENT - 1 Packet Pg. 24 5.B.a $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. E a� B. The Vendor maintains and pays for its own place of business from which the Vendor's L services under this Agreement will be performed. Q a� N 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 J Vendor's services, or the Vendor is engaged in an independently established trade, c' occupation, profession, or business of the same nature as that involved under this Agreement. ii D. The Vendor is responsible for filing as they become due all necessary tax documents c with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. m E. The Vendor has registered its business and established an account with the state ;v Department of Revenue and other state agencies as may be required by the Vendor's Q business, and has obtained a Unified Business Identifier (UBI) number from the State y of Washington. F. The Vendor maintains a set of books dedicated to the expenses and earnings of its L) business. 0 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. E. m 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, M or other natural disaster or acts of government ('force majeure event"). Performance that is prevented or M 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 E state or national declarations of emergency, or any current social distancing restrictions or personal a protective equipment requirements that may be required under federal, state, or local law in response to a the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose c 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 c performance and, provided, that the party prevented or delayed has not caused such event to occur and Q continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. GOLF CART USE AGREEMENT - 2 Packet Pg. 25 5.B.a If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. VII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. E THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. L a� a VIII. WARRANTY. The Vendor warrants that it will faithfully and satisfactorily perform all work y 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 J and incorporated as Exhibit B, shall pass through to the City. Vendor is responsible for providing all parts T 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 u- under the specific warranty terms. In addition to any other warranty provided for at law or herein, this c 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 a particular purpose for which they were obtained, and will perform in accordance with their specifications E and the Vendor's representations to City. ;v Q The Vendor shall promptly correct all defects in workmanship and materials: (1) when the Vendor y knows or should have known of the defect, or (2) upon the Vendor's receipt of notification from the City of :3 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. v 0 IX. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national -2 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. M The Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, N Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. m E X. INDEMNIFICATION. The Vendor shall defend, indemnify and hold the City, and the Lessee a under the applicable financing lease, their officers, officials, employees, agents and volunteers harmless a 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 :0)) injuries and damages caused by the negligence of the City or Lessee. m 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. c a IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. In the event the Vendor refuses tender of defense in any suit or any claim, if that tender was made pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having GOLF CART USE AGREEMENT - 3 Packet Pg. 26 5.B.a 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 E the contract work and shall utilize all protection necessary for that purpose. All work shall be done at the L Vendor's own risk, and the Vendor shall be responsible for any loss of or damage to materials, tools, or Q other articles used or held for use in connection with the work. y m XIII. MISCELLANEOUS PROVISIONS. J c 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. U_ c 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 a Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those E covenants, agreements or options, and the same shall be and remain in full force and effect. Q C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and y 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 c6 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. M D. Written Notice. All communications regarding this Agreement shall be sent to the parties at N 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 E Agreement or such other address as may be hereafter specified in writing. a 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, :0)) the terms of this Agreement shall continue in full force and effect and no further assignment shall be made c without additional written consent. F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement c shall be binding unless in writing and signed by a duly authorized representative of the City and the Vendor. Q G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. GOLF CART USE AGREEMENT - 4 Packet Pg. 27 5.B.a 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 a obligations under the Public Records Act. E a� m L J. City Business License Required. Prior to commencing the tasks described in Section I, Q Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the y Kent City Code. J K. Counterparts and Signatures by Fax or Email. This Agreement may be executed in any c' 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 u- bearing the original signature was received in person. c 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 E CD to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed a� to have applied. Q a� N VENDOR: CITY: D PACIFIC GOLF &TURF, LLC CITY OF KENT v 0 t9 By: By: L Print Name: Print Name: Dana Ralph Its Its Mayor 00 N DATE: DATE: r c m E a� a� L Q r E V a GOLF CART USE AGREEMENT - 5 Packet Pg. 28 5.B.a NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: VENDOR: CITY OF KENT: Attn: Attn: Pacific Golf &Turf, LLC City of Kent Department of Parks, Recreation, and Community Services 220 Fourth Avenue South ( ) - (telephone) Kent, WA 98032 ( ) - (facsimile) (253) 856- (telephone) E d (253) 856- (facsimile) a� a APPROVED AS TO FORM: y m J Cf C Kent Law Department c ca c ATTEST: c c a� Kent City Clerk m L Q N U O C d L d LPL M 00 CD N r C d E N N L Q r c� E V a GOLF CART USE AGREEMENT - 6 Packet Pg. 29 5.B.a 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. c a� The following questions specifically identify the requirements the City deems necessary for any E contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative 4 response is required on all of the following questions for this Agreement to be valid and binding. Q If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the 4' directives outlines, it will be considered a breach of contract and it will be at the City's sole J determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: i- 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. L 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. U 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and 6 promotion of women and minorities. a� 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. M 00 By signing below, I agree to fulfill the five requirements referenced above. N a� E By: For: Title: as E Date: a GOLF CART USE AGREEMENT Exhibit C - Insurance Requirements Packet Pg. 30 5.B.a CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 c as SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor a POLICY: N R d J 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: i- c 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. a� a� 2. Actively consider for promotion and advancement available minorities and women. Q a� 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. L) 0 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. L d 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. a N 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. E a� L Q r c� E V a GOLF CART USE AGREEMENT Exhibit C - Insurance Requirements Packet Pg. 31 5.B.a 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. r c a� I, the undersigned, a duly represented agent of E aD Company, hereby acknowledge and declare that the before-mentioned company was the prime Q contractor for the Agreement known as that was entered into on (D the (date), between the firm I represent and the City of Kent. c CU c ii I declare that I complied fully with all of the requirements and obligations as outlined in the City r of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. L a� Q y L By. L) O For: c a� Title: Date: M 00 a) N r C d E d d L Q E V r Q GOLF CART USE AGREEMENT Exhibit C - Insurance Requirements Packet Pg. 32 5.B.b EXHIBIT A SPECIFICATIONS r c as E as as L Q J aI C u C O C LL C r C N E N N L Q d N L U w 0 c m L M 00 N N C O O v u N Q t x w c a� E u c� a GOLF CART USE AGREEMENT Exhibit A - Specifications Packet Pg. 33 5.B.b Electric Golf Cart Specifications Quantity: 36 Electric fleet golf carts r c Power Source: 48-volt electric motor E aD Horsepower: 3.3 HP/2.4 kW (Minimum), prefer 4.4 HP/3.3kW Q Batteries: Six (6) 8-volt deep cycle batteries, prefer Trojan batteries. Warranty: Minimum 4 Years/25,000 amp hours � as Water Fill System: Factory easy fill watering system on all carts Charger: Factory U.L. Listed and C.S.A. Certified 48-volt charger and charging cord (1 each per cart) c Battery Meter: Factory battery meter, dash mounted (1 per cart) r c Color: Factory color - Slate/Platinum/Moonstone a� (Prefer molded body color over paint) a Bumpers: 5 mph impact resistant front and rear bumpers Roof/Canopy: Black roof and canopy supports Windshield: Factory, two (2) piece folding windshield o Seat: Factory - Color: Black aD Tire Size: 4-ply rated (minimum) Wheel Covers: Silver Factory wheel covers/hub cabs (4 per cart) M Sweater Basket: Factory sweater basket o Cup Holders: Factory cup holders 0 Ball and Tee Holders: Factory ball and tee holders Dash: USB port(s) a Bag/Club Cover: Factory rear bag/club cover - Color: Black a Information Holder: Factory, front facing information holder (1 per cart) r Number Decals: Factory number decals (2 per cart) w w c E a Packet Pg. 34 5.B.b Gas Powered Golf Cart 5 ecifi ations Quantity: 36 Gas powered fleet golf carts r c Engine: Gas - Electronic Fuel Injection, 4 cycle low emissions E a) aD Battery: 12-volt maintenance free (Minimum 2-year Warranty) a Fuel Capacity: 5.2 gallons/20.0 L (Minimum) aD Color: Factory color - Slate/Platinum/Moonstone a (Prefer molded body color over paint) �a Bumpers: 5 mph impact resistant front and rear bumpers Roof/Canopy: Factory roof/canopy and supports - Color: Black r Windshield: Factory, two (2) piece folding windshield a) Seat: Factory - Color: Black L a� Q Tire Size: 4-ply rated (minimum) N Wheel Covers: Silver Factory wheel covers/hub cabs (4 per cart) r- Sweater Basket: Factory sweater basket 0 Cup Holders: Factory cup holders Ball and Tee Holders: Factory ball and tee holders aD Dash: USB port(s) it Bag/Club Cover: Factory rear bag/club cover - Color: Black 00 N Information Holder: Factory, front facing information holder (1 per cart) Number Decals: Factory number decals (2 per cart) ° �a a� a a x w w c a� E a Packet Pg. 35 5.B.b Marshal Golf Cart 5 ecifications Quantity 2 Gas powered marshal golf carts r c Engine: Gas - Electronic Fuel Injection, 4 cycle low emissions E a) aD Battery: 12-volt maintenance free (Minimum 2-year Warranty) a Fuel Capacity: 5.2 gallons/20.0 L (Minimum) aD Color: Factory color - Flame Red/Sangria/Garnet a (Prefer molded body color over paint) �a Bumpers: 5 mph impact resistant front and rear bumpers Roof/Canopy: Factory roof/canopy and supports - Color: Black r Windshield: Factory, two (2) piece folding windshield a� Seat: Factory - Color: Black L a� Q Tire Size: 4-ply rated (minimum) N Wheel Covers: Silver Factory wheel covers/hub cabs (4 per cart) Sweater Basket: Factory sweater basket 0 Cup Holders: Factory cup holders Ball and Tee Holders: Factory ball and tee holders aD Dash: USB port(s) it Bag/Club Cover: Factory rear bag/club cover - Color: Black 00 N Information Holder: Factory, front facing information holder (1 per cart) Number Decals: Factory number decals (2 per cart) ° �a a� a a x w w c a� E a Packet Pg. 36 5.B.b Utility Vehicles Quantity: Two (2) gas powered golf cart style utility vehicles/carts c Power Source: Gas - Electronic Fuel Injected, 4 cycle low emissions E as as Displacement: 400 cc (Minimum) a Horsepower: 13.5 HP (Minimum) a� Cooling: Air cooled -J, Battery: 12-volt maintenance free (Minimum 2-year warranty) U Color: Green (Prefer molded body color over paint) Bumpers: Front bumper with heavy duty brush guard, rear bumper equipped with 2" hitch receiver Roof/Canopy: Factory roof/canopy and supports - Color: Black L Windshield: Factory, two (2) piece folding windshield a a� Fuel Capacity: 5.2 gallons/20.0 L (Minimum) Rear Cargo Bed: Factory U w Bed Capacity: 300 lbs. (Minimum) ° Tire Size: 20x8-10 turf tires, 6-ply rated (minimum) L Headlights: Factory front headlights o: Taillights: Factory rear taillights 00 Cup Holders: Factory cup holders N N Dash: USB port(s) c Keys: Factory keys (2 per cart) U Towing: Factory 2" rear tow hitch/receiver Q. Cn Towing Capacity: 500 lbs. rolling weight and 100 lbs. towing weight a (Minimum) x w c a� E c� a Packet Pg. 37 5.B.b Driving Range Picker Utility V hicle Quantity: One (1) gas powered golf cart style utility vehicles/carts Power Source: Gas - Electronic Fuel Injected, 4 cycle low emissions E as L Displacement: 357 cc (Minimum) a Horsepower: 11.5 HP (Minimum) a� Cooling: Air cooled -J, Battery: 12-volt maintenance free (Minimum 2-year warranty) U Color: Green (Prefer molded body color over paint) U- Bumpers: Front bumper with driving range picker bracket, rear bumper equipped with 2" hitch receiver E Roof/Canopy: Factory driving range protective enclosure L Doors: Factory driving range protective enclosure a as Windshield: Factory driving range protective enclosure Fuel Capacity: 5.2 gallons/20.0 L (Minimum) U w 0 Rear Cargo Bed: Factory Bed Capacity: 300 lbs. (Minimum) L Tire Size: 20x8-10 turf tires, 6-ply rated (minimum) o: Headlights: Factory front headlights M 00 Taillights: Factory rear taillights N Cup Holders: Factory cup holders o Dash: USB port(s) U Towing: Factory 2" rear tow hitch/receiver �. Cn Towing Capacity: 500 lbs. rolling weight and 100 lbs. towing weight a (Minimum) x w :.; c a� E c� a Packet Pg. 38 5.B.b IL PACIFIC A Textron Company .GOLF & TURF JOHN DEERE GOLF Presented To: Prepared By R.D.Pete Petesen,Jr. Rob Harbottle E tv Riverbend Golf Complex Sales Representative W 2019 West Meeker Street (253)508-9192 Q Kent,WA 98032 tharhatEleC�paciFi_golfnitl.cam N a� QTY MODEL VEHICLE COLOR SEAT TYPE/COLOR J 36 RXV ELITE LITHIUM Platinum Standard Factory Seat Black c .v c c INCLUDED ACCESSORIES LL CITYACCESSORY ACCESSORY DETAILS/COLOR «I r 36 Top Assembly Black C 36 Wheel Covers Platinum E 36 Standard Tire and Wheel 8"Standard Factory 4 Ply Tire and Wheel N E-Z-GO Factory Split Windshield i 36 Windshield � 36 Message Holder Q 36 Club Pro Bag Covers Black d to 36 USB Ports Standard Factory Install 36 State of Charge Meter Standard Factory Install t4 1 Handheld Diagnostic Tool U 36 Factory Freight w O 36 Fleet Instalation/Local Delivery (� Any change to the accessory list must be obtained in writing at least 45 days prior to production date. d Location of logo L N 36 Course Logo Center Front Cowl > Location of Nvmbers Number Sequence 72 Die Cut Numbers One Per Side 1 TO 36 *Club is Responsible for logo artwork 45 days prior to fleet delivery 6) N SPECIAL CONSIDERATIONS o a� a AcMtance of the above 11sted accewfies and veNicfe U�famtation Q r Date: Accepted By: Da W :-� Title: O N E Pacific Golf&Turf ca Accepted By: Date: Q Title: Packet Pg. 39 5.B.b NiOD, PACIFIC A Textron Company `®.GOLF & TURF JOHN DEERE GOLF Presented To: Prepared By R.D.Pete Petesen,Jr. Rob Harbottle Riverbend Golf Complex Sales Representative 2019 West Meeker Street (253)508 9192 E Kent,WA 98032 rhotksottle�oaciFEcftolFttttt.com d tU FINANCIAL DETAILS � Q QTy MODEL Terms f UNIT PRICE TOTAL MONTHLY PRICE 48 Month Seasonal Pa 8 5,114.88 M 36 RXV ELITE LITHIUM Y j4 $ 142.08 $ � $ J 5 $ C $ $ Lj $ $ C O NETTOTAL $ 5,114.88 LL TRADE/LEASE TERMINATION M QTY YEAR MODEL CONDITION VALUE PER CAR TOTAL +. C $0.00 $0.00 d $0.00 i $0.00 I) Q FLEET INSPECTION REPORT N 1-Customer acknowledges they have received o full inspection report(attached)detailing the current conditon of the trade in/Lease return Vehicles M 2-Customer understands that excess damages to Lease Termination vehicles will be added to the cost of the replacement fleet as specified in this agreement. V 3-Customer understands that trade in values ar based on the condition of the vehicles on the date of the fleet inspection. O 4-Customer understands that this agreement is based on the condition of the vehicles at the time of inspection.Any damages or loss of vehicle accessories/chargers that occur between 0 IaVectlonandarmnctanceafnewvehicles G*dTWjistherepsen$WNttyofLWcustomer. C Exls ling Lease Numbers) L d Last Payment to be made: chedules With will be,terarfnted as Slated above.Assuming all previous payments are current and there are no au[stvrzdln taxeor`ees.incFadfill late charges. M PROPOSED LEASE DETAILS CIO N Payment Schedule: 48 Month Lease Seasonal Pay Payment Months: March-October Expected Delivery: November 2021 First Pay: to O Additional Information: v (D Q. U) PROPOSAL EXPIRATION DATE: Q This Proposal is valid through delivery date is subject to change based on product availability. t K W r-� Accepted By: Date: C E Title: t L� O r Pacific Golf&Turf Q Accepted By: Date: Tltle: Packet Pg. 40 5.B.b PACIFIC A Textron Company `%.GOLF &TURF JOHN DEERE GOLF Presented To: Prepared By (D R.D.Pete Petesen,Jr. Rob Harbottle Riverbend Golf Complex Sales Representative Q 2019 West Meeker Street (253)508-9192 Kent,WA 98032 tharBottle@paciFlclralfturf.cam y J CITY MODEL VEHICLE COLOR SEAT TYPE/COLOR C 36 RXV GAS Platinum Standard Factory Seat Black U c c ii INCLUDED ACCESSORIES tC CITY ACCESSORY ACCESSORY DETAILS/COLOR N 36 'Top Assembly Black E 36 'Wheel Covers Platinum tV 36 Windshield E-Z-GO Factory Split Windshield L aI 36 Message Holder Q 36 Club Pro Bag Covers Black to 1 Manual Kit 1 Handheld Diagnostic Tool M 36 Factory Freight V w 36 Fleet Instalation/Local Delivery 1 O Any change to the accessory list must be obtained in writing at least 45 days prior to production date. (7 C Location of Logo 36 Course Logo Center Front Cowl y Location of Numbers Number5equence 72 Die Cut Numbers One Per Side 1 TO 36 -Club is Responsible for logo artwork 45 days prior to fleet delivery M CO 6� N SPECIAL CONSIDERATIONS rn c 0 U tv a Aavptance of the above listed acreswdes and vehicle li*rmallan Q r Accepted By: Date: t x w Title: C N Pacific Golf&Turf E t v Accepted By: Date: Title: Q Packet Pg. 41 5.B.b PACIFIC A Textron Company "GOLF &TURF JOHN DEERE GOLF Presented To: Prepared By R.D.Pete Petesen,Jr. Rob Harbottle Sales Representative to Riverbend Golf Complex C 2019 West Meeker Street (253)508 9192 al Kent,WA 98032 rharhottle acEFic alSturf.com FINANCIAL DETAILS CITY MODEL Terms UNIT PRICE TOTAL MONTHLY PRICE 36 RXV GAS 48 Month Seasonal Pay 8/4 $ 122.01 $ 4,392.36 M tl7 $ - J $ $ i3) C $ $ v $ $ ev NET TOTAL $ 4,392.36 t= LL TRADE/LEASE TERMINATION CITY YEAR MODEL CONDITION VALUE PER CAR TOTAL $0.00 tD $0.00 N $0.00 i $0.00 Q tD to PLEET INSPECTION REPORT 1-Customer acknowledges they have received o full inspection report(attached)detailing the current conditon of the trade in/Lease return Vehicles 2-Customer understands that excess damages to Lease Termination vehicles will be added to the cost of the replacement fleet as specified in this agreement. V It: 3-Customer understands that trade in values ar based on the condition of the vehicles on the date of the fleet inspection. O 4-Customer understands that this agreement is based on the condition of the vehicles at the time of inspection.Any damages or loss of vehicle accessories/chargers that occur between (7 lnspecNon and arcepstance of new vehicles by Paa17c GOif&Turf is the repsonsibllky of the customer. Existing Lease Numberls) L Last payment to be made: Above stoW tease schedules with will ha tetmh?W as$Wed above.Axauming all prevkV$poymenb�are current an. theM are no outstangIng taxe orfees Including late charges, M PROPOSED LEASE DETAILS tb Payment Months: March-October N Payment Schedule: 48 Month Lease Seasonal Pay Pa Y Expected Delivery: October 2021 First Pay: In C O Additional Information: tOj 4— v tD t1 PROPOSAL EXPIRATION DATE: Q This Proposal is valid through delivery date is subject to change based on product availability. t x Lu Accepted By: Date: N E i itle: L V t4 Pacific Golf&Turf Q Accepted By: Date: Title: Packet Pg. 42 5.B.b 09"0 PACIFIC A Textron Company `.GOLF & TURF JOHN DEERE GOLF Presented To: Prepared By E ttle b W Haro R.D.Pete Petesen,Jr. Rob � Riverbend Golf Complex Sales Representative Q 2019 West Meeker Street (253)508-9192 rn Kent,WA98032 rharbottle@paciGcgolFturf.tom J grY MODEL VEHICLE COLOR SEAT TYPE/COLOR C 2 RXV GAS Flame Red Standard Factory Seat Black c c LL INCLUDED ACCESSORIFS •a c ACCESSORY DETAILS/COLOR OTy ACCESSORY +• C 36 Tap Assembly Black 36 Wheel Covers Platinum N 36 Standard Tire and Wheel 8"standard Factory 4 Ply Tire and Wheel i 36 Windshield E-Z-GO Factory Split Windshield Q 36 Message Holder d 36 Club Pro Bag Covers Black to 1 Handheld Diagnostic Tool ca 2 Factory Freight (� 2 1 Fleet Instalation/Local Delivery `= Any change to the accessory list must be obtained In writing at least 45 days prior to production dote. 0 C Location oft agp d 2 Course Logo Center Front Cowl N Location o f Numbers Number Sequence 4 Die Cut Numbers One Per Side 1 TO 2 'Club is Responsible for logo artwork 45 days prior to fleet delivery M CO 6� N SPECIAL.CONSIDERATIONS N C O O v U N Q Acceptance of the above llsiadacces"da and vehk Infarawdon to Q Accepted By: Date: t x Title: W C Pacific Golf&Turf E E t Accepted By: Date: Title: Q Packet Pg. 43 PACIFIC A Textron Company .GOLF & TURF .�OHN DEERE GOLF Presented To: Prepared By R.D.Pete Petesen,Jr. Rob Harbottle N Riverbend Golf Complex Sales Representative 2019 West Meeker Street (253)508 9192 E ]Cent,WA 98032 rhaibaule Sc+lic oNti:rf FINANCIAL DETAILS Q CITY MODEL Terms UNIT PRICE TOTAL MONTHLY PRICE 0) N 2 RXV GAS INCLUDED AT NO CHARGE FOR TERM $ _ $ N $ $ Z3f C $ S v $ $ C tc NETTOTAL $ LL TRADE/LEASE TERMINATION CITY YEAR MODEL j CONDITION VALUE PER CAR TOTAL $0.00 N $0.00 N $0.00 i $0.00 Q 0) ffl FLEET INSPECTION REPO, T 2-Customer acknowledges they have received o full inspection report(attached)detailing the current conditon of the trade in/Lease return Vehicles ' ftJ 2-Customer understands that excess damages to Lease Termination vehicles will be added to the cost of the replacement fleet as specified in this agreement. V w 3-Customer understands that trade in values or based on the condition of the vehicles on the dale of the fleet inspection. O d-Customer understands that this agreement is based on the condition of the vehicles at the time of inspection.Any damages or lass of vehicle accessories/chargers that occur between 0 Inspecoan and accepslance a new vehicles?.vehicles?.Z Farific Gay&Ty is the repsonslbliity of the customer. 'a C Exfsfia LeaseHumber(sf L LastPaymenf to be made: > Abpve stated lease srbadutes with svlll be termlated as stated above.Assuminq eil pmdous payments are current and there are no oulsfan yLaR.taxe or res inchidIng late eh s, M PROPOSED LEASE DETAILS 00 CD Payment Schedule: 48 Month Lease Seasonal Pay Payment Months: March-October N Expected Delivery: July-2021 First Pay: Aug-2021 U) C O 41 Additional Information: M v N rL Cl) PROPOSAL EXPIRATION DATE: Q a+ This Proposal is valid through 4/1/2021 delivery date is subject to change based on product availability t x W Accepted By: Date: + C N Title: E L V Pacific Golf&Turf Q Date: Title: Packet Pg. 44 5.B.b PACIFIC A Textron CompanyGOLF &Tv R JOHN DEERE GOLF Presented To: R.D.Pete Petesen,Jr. Prepared By Rob Harbottle Riverbend Golf Complex Sales Representative r 2019 West Meeker Street Sales Representative 508-9192 Kent,WA 98032 rherbattlei��ylticgaltlurF.com 0) 4�Y MODEL VEHICLE COLOR SEAT TYPE/COLOR i 3 HAULER 1200G EFI I Hunter Green Standard Factory Seat Bfack Q d CITY ACCESSORY ACCESSORY DETAILS COLOR 3 13.5 Hp Gas EFI 3 N 3 1,208 LB Vehicle Load Ce aclty J 3 grin LB Bed Lard Ca city 0) 3 l,SriO LB Towing Capacit Cy 3 .� 12 Cubit Foot Cargo Bed C 3 Hour Meter t4 3 Fuel Ga 1 ge C ILL.ILL.Ball Picker Cage � 1 Front Plcker pda ter � 3 To.Assrm6Sy !ti Black �+ 3 Fatto Fret t � 3 Fleet tnstelatlon/Local IMI(vary E 1 � 0) L FINANCIAL DETAII5 Q CITY 0) MODEL Terms UNIT PRICE TOTAL MONTHLY PRICE to 3 HAULER 120OG EFI 48 Month Seasonal Pay 8/4 $ 274.81 $ 824.43 ' $ $ !C $ $ U w TOTAL $ 824.43 TRADE/LEASE TERMINATION 0 'D CITY YEAR MODEL CONDITION VALUE PER CAR !_ TOTAL � $0.00 $0.00 N $0.00 Existing Lease Numherfs) ' M 00 0) Lost Payrtien r to be made: N Abo,m,wal kwesefipdrilasWfth. x9Jl fermintedos�te0abeve.Assum! ofiprevlous W#Slonw lakeai IRtRCha ESL VQYf7MRL5'are current and theM are no fn - C PROPOSED LEASE DETAILS p Payment Schedule: 48 Month Lease Seasonal pay V Payment Months: March-October :~ Expected Delivery: October 2021 U First Pay: N Q SPECIAL WiV311DERATIONS Q r t x w Ao7eptanca o�tAe abovr Nslyd.aenssarks. �kle t C 0) Accepted By: L Date: Title: !C a+ a+ Q Pacific Golf&Turf Accepted By: Title: Date: Packet Pg. 45 5.B.b ■--I l T, :ti N r.+ _ C L t aD J C C yJ F C LL C R r � - C d E � O N L d fn �•y 'O V L d M 00 N N C O O U N UNMATCHED POWER AND EFFICIENCY. tC Proven to exceed expectations and deliver golfers with an uncompromised experience,the E-Z-GO°RXV is a golf car like ' no other.Whether you choose the EX1 gas engine or 48-volt AC electric drivetrain,the RXV is the most advanced vehicle in Q the industry.The 48-voLt AC electric model has patented IntelliBrake—technology,which provides superior efficiency and Z t an automatic parking brake.The first of its kind, EX1 closed-loop EFI gas engine delivers a gas golf car with a refined driving X experience and unmatched energy efficiencies.Whether gas or electric is the right choice for your course,the RXV will LLI provide an unparalleLed ownership and golfer experience. O E t C� M INDUSTRY'S ADVANCED 48V AC OR EX1 Q MOST EFFICIENT INTELLIBRAKET, GAS ENGINE WITH VEHICLE TECHNOLOGY CLOSED—LOOP EFI Packet Pg. 46 5.B.b ELECTRIC GAS _ DIMENSIONS (n _ r OVERALL LENGTH 94.5 In(240 cm) OVERALL WIDTH 47.0 In(119 cm) E OVERALL HEIGHT(W/O CANOPY) 47.5in (121 cm) OVERALL HEIGHT (W/CANOPY) 70 In(178 cm) L WHEELBASE 65.7 in(167 cm) Q 6 , FRONT WH EEL TRACK 35.5 in(90 cm) REAR WHEEL TRACK 38.0 in(97 cm) M GROUND CLEARANCE 4.0 In(lOcm) J ®DIFFERENTIAL � S= POWER U POWER SOURCE 48-Volt AC 4 Cycle,9.15 cu in(150 cc) HORSEPOWER 1 4.4 hp(3.3 kW)Continuous 11.5 hp(8.6 kW)J1995 standard S= ELECTRICAL SYSTEM 48-Volt Brushless DC Internal Starter Generator LL • BATTERIES(TYPE) Four,12 Volt Deep Cycle One,12-Volt Maintenance-Free KEY OR PEDAL START PetlaL LC - - _ BATTERY CHARGER Lead Acid Charger:SC-48(3.0 M)DC Cord N/A SPEED CONTROLLER 235-amp SoLid-State AC Controller N/A DRIVETRAIN Motor Shaft Direct Drive Continuously Variable Transmission(CVT) TRANSAXLE Limited Slip Differential Differential W/Helical Gears L 1 KEY FEATURES 0) GEAR SELECTION Forward-Neutral-Reverse Integrated Forward-Reverse Q • Modern Design REAR AXLE RATIO 16.99:1 11:47:1(Forward)14:35:1(Reverse) d to Modern Dash with LargeCupholders KEY SWITCH Unique Group,Unique Individual N/A •Impact-Resistant Bumpers PERFORMANCE LC Oversized Bag Well SEATING CAPACITY 2-Passenger V Optional Fold-Down Windshield DRY WEIGHT 565 Lb(256.3 kg) 878 ib(307 kg) '0 '^ Optional Rear-Facing Seat Available CURB WEIGHT 905 Lb(410.5 kg) 692 Lb(314 kg) V In RXV 2+2 VEHICLE LOAD CAPACITY 500-BOO lb(227-360 kg) ELECTRIC OUTSIDE CLEARANCE CIRCLE 19.2 ft(5.8 m) I 19.0 it(5.8 m) •Automatic Parking Brake with SPEED(LEVEL GROUND) 8-15mph(13-24kph) 12 mph t 0.51 mph(19.3 kph f 0.8 kph) Advanced lntelliBrokeT"Technology TOWING CAPACITY Three E-Z-GOGolf Cars with Approved Permanent Tow Bar N •State of Charge Meter STEERING B&SUSPENSION a/. DC/DC Converter STEERING Double-Ended Rack and Pinion 00 48-Volt Battery Charger Front:Independent A-Arm Coil-Over Shock; 0) SUSPENSION Rear.Mono-Leaf Spring With Hydraulic Shocks 1714 Independent front suspension SERVICE BRAKE Induction Motor Rear Wheel Mochon lea t So[S-Adjusting Drums GAS PARKING BRAKE Automatic Electro-Magnetic Self-Compsnialln Q,Single Point Engagomnnt O •Industry's most efficient gas engine TIRES 18 x 8.50-8(4-ply rated) ++ Superior Performance •Perfectly tuned power BODY 6 CHASSIS _ V Refined Handling FRAME Welded Steel with Powder-Coat Protection V BODY S,FINISH Injection Molded TPO Closed-loop EFI system Q Almond,Black,Bright Wnlfa,Burgundy,ElpclrlC Slue,Flames Ratl, Cl) Industry's Greenest Engine OPTIONAL BODY COLORS Forest Groom,Inferno Red,Ivory,Moldl Lic Charcoal.Oasis Green,Ocean Grey, r Patriot BLuv.Platinum,Sunburst Orange(custom culorsovaLlahlo) Industry's Most Efficient Gas Engine STANDARD SEAT COLORS Slone Beige,Oyster,Grey,Black �..r Closed-Loop EFI System PREMIUM SEAT COLORS Mushroom,Grey(custom colors available) Z Industry's Lowest Operational Costs PINSTRIPE COLORS Pewter,Black,Gold W C E 1 0 0 I r Almond Black Bright White Burgundy Electric Blue Flame Red Forest Green0 rs r • 19 • www.ezgo.COM Inferno Red Ivory Metallic Oasis Green Ocean Grey Patriot Blue Platinum Sunburst BUILTRIUHT. 7 Charcoal Orange Features and specifications of vehicles subject to change without notice.Vehicles as photographed may include options not included on base model, RIBHTHERE. 02020 Textron Specialized Vehicles Inc.822013-G12(Rev,09/2020) Packet Pg. 47 5.B.b r WNW- 6. RXV ` ELiTE7' Q J - aI - U C O C LL Ilk O frs E SAO �"r- hL L Q N O • - U ww O C d L d LPL M 00 N N C O O v U N Q UNBEATABLE ENERGY EFFICIENCY. UNRIVALED TECHNOLOGY. Cl) The E-Z-GOO RXV ELITE is the industry's best golf car with unbeatable performance and innovative technology.Activated Q r by Samsung SDI maintenance-free lithium batteries,the RXV ELiTE is the most efficient golf car available with the lowest Z cost of ownership of any golf car. Featuring an innovative battery management system that monitors battery health,the RXV t x has the longest range of any lithium golf car, paired with performance that doesn't fade over time. Choose the RXV ELITE LLB and let us show you why it raises the bar on superior golf car performance. C N E L � V MAINTENANCE LASTING UNBEATABLE Q FREE BATTERIES PERFORMANCE ENERGY EFFICIENCY Packet Pg. 48 5.B.b i� . _ ELITE DIMENSIONS OVERALL LENGTH 94•S In(240 cm) (n a+ OVERALL WIDTH 47.0 In(119 cm) C. - OVERALL HEIGHT (W/O ROOF) 4S.71n(118 cm) OVERALL HEIGHT (W/ROOF) 66.61n(174 cm) WHEELBASE 65.7 in(167 cm) L n FRONT WHEELTRACK 35.51n(90 cm) Q REAR WHEEL TRACK 38.0 in(97 cm) N GROUND CLEARANCE 3.3 In(B cm) ®DIFFERENTIAL J POWER C +r. POWER SOURCE SS-Volt DC •� MOTOR TYPE 48 Volt AC C HORSEPOWER(KW) 4.4 hp(3.3 kW)Continuous .... - ELECTRICAL SYSTEM 58-volt LL BATTERIES(TYPE) ELITE 2.0.56V Lithium KEY OR PEDAL START Pedal M BATTERY CHARGER Lithium World Charger SBVDC 10 ft.DC Cord SPEED CONTROLLER 235-amp Solid-State AC Controller C DRIVETRAIN Motor Shaft Direct Drive d INNOVATIVE TECHNOLOGY TRANSAXLE Limited Slip Differential i GEAR SELECTION Forward-Neutral-Reverse Integrated Q •Zero Maintenance Lithium Batteries REAR AXLE RATIO 16.99:1 N 5-Year Battery Warranty KEY SWITCH Into Key Switch Unbeatable Energy Efficiency PROGRAMMABLE GOLF MODES Unique Group,Unique Individual ' Proven Performance of Samsung SDI V PERFORMANCE Lithium Batteries � SEATING CAPACITY 2-Passenger 0 • Effortless Performance DRY WEIGHT 606 Lb(274.4 kg) y Eco-FriendlyTechnology •a CURB WEIGHT 6551b(297.1 kg) •Longest Range of Any Lithium Vehicle VEHICLE LOAD CAPACITY 500-800 Lb(227-360 kg) d Opportunity Charging 19.2 ft(5.6 m) N OUTSIDE CLEARANCE CIRCLE •Lightweight for Turf Protection SPEED(LEVEL GROUND) 8-15mph(13-24kph) I N TOWING CAPACITY Three E-Z-GO Golf Cars with Approved Permanent Tow Bar LL KEY FEATURES M STEERING&SUSPENSION 00 Modern Design STEERING Double-Ended Rack and Pinion m act-Resistant Bumpers SUSPENSION N Front:Independent A-Arm Coil-Over Shock: v p P Rear.Mono-Leal Spring With Hydraulic Shocks rn Fade Resistant Paint SERVICE BRAKE Induction Motor = Premium Seating PARKING BRAKE Automatic Electra-Magnetic O 4+ Versatile In-Dash Storage TIRES 8 x 8.50-8(4-ply rated) t� •Optional Fold-Down Windshield BODY 9 CHASSIS C� •Optional USB Port FRAME Welded Steel with Powder-Coal Protection Q. BODY B FINISH Injection Molded TPO U) Almond,Black,Bright Wh1to,Surgunay ElOctrlc BLVe,Ftamo Rod, t OPTIONAL BODY COLORS Forest Green,Inferno Red,Ivory,MatalLic Chorc*01.OaSIa Grean•CGaan Grey, Q Patriot Slue,Platinum,Sunbur*t Orange(custom ColorsavollabW) a.+ STANDARD SEAT COLORS Stone Beige,Oyster,Grey,Black PREMIUM SEAT COLORS Mushroom,Grey(custom colors available) X PINSTRIPE COLORS Pewter,Black,Gold W J � r g Burgundy Forest Green Almond Block Bright White Bur and Electric Blue Flame Red Q • * vp • is www.ezgo.com Inferno Red Ivory Metallic Oasis Green Ocean Grey Patriot Blue Platinum Sunburst BUILTRIGHT. Charcoal. Orange Features and specifications of vehic Les subject to change without notice.Vehicles as photographed may include options not included on base model. NOWHERE. 1 2020 Textron Specialized Vehi c Les Inc.70065-G3(Rev.09/2020) Packet Pg. 49 5.B.b i CUSHMAN* HRULER8 12 0 0 E L Q A � z � N R � J U i c c LL c ac� - i G � L - - I N 00 N - fA O C� N Q Cn Q LORDED WITH RELENTLESS r FUNCTIONRLITY. x The Hauler 1200 is equipped to tackle the burden of any job,with 1500LB w a rugged truck-like design.A large bed packed full of essential 13.5H P r- TOW functionality can easily be converted for any task.Featuring EFI GAS CAPACITY tie down locations,divider slots and a full line of affordable n c� accessories,transporting everything from sod to small 12 Cu FT 120 V LB Q equipment has never been easier.Your work is unforgiving,let CARGO LOAD the Hauler 1200 carry the load. BED CAPACITY LET'S WORK® Packet Pg. 50 5.B.b =--- CUSHMAN• HAULER® 1200 E L FRAME Welded Steel with DuraShield'Powder Coat N �4 BODY&FINISH Injected Molded TPO N J �. STANDARD COLOR Patriot Blue.Forest Green OVERALL LENGTH 111.9 in(302 cm) OVERALL WIDTH 49.4 in(125.5 cm) OVERALL HEIGHTW/CANOPY 70-5 in(179.1 cm) LL OPTIONAL Di i WHEELBASE 76.8 in(1951. cm) FRONT WHEELTRACK 35 in(88.9 cm) r REAR WHEELTRACK 38-5 in(97.8 cm) N - GROUND CLEARANCE 3-5 in(8,9 cm) E t CARGO BOX CAPACITY 12 cu ft(0 34m3) i POWERSOURCE 4-cycle,24-5 ci(401cc) VALVETRAIN Single Cylinder OHV (n HORSEPOWER(KW) 13.5 hp(10-1 kW) ' r ELECTRICAL SYSTEM Starter/Generator Solid-State Regulator V [,J. (I BATTERY(QTY/TYPE) One 12V Maintenance Free Jc. • O -- _- KEY OR PEDALSTART Pedal Start 0 AIR CLEANER Replacable Dry Cartridge C LUBRICATION Pressurized Oil System 40 OIL FILTER Spin-On L N i COOLING SYSTEM Air Cooled FUEL CAPACITY 6,65 Gallon(25,2 L)Tank _ DRIVETRAIN Continuously Variable Transmission(CVT) 00 - TRANSAXLE Differential with Helical Gears N 4 GEAR SELECTION Forward-Reverse to REAR AXLE RATIO 11,47:1(Forward)14.35:1(Reverse) !_ 66 O a_• SEATING CAPACITY 2 Person VERSAME DASH V STORACE CURD WEIGHT 980 lb(445 kg) � BED LOAD CAPACITY 800 lb(363 kg) Q OPTIONS & FICCESSORIES VEHICLE LOAD CAPACITY 1200 lb(545 kg) V) •Bed Dividers Ladder/Hoop Rack SPEED 14 5 mph±0.5 mph(23.3 kph±0,8 kph) Q •Long-Handled Tool Holder •Brake Lights •Cargo Mesh Netting •Tail Lights TOWING CAPACITY 1500 lb(680 kg)max _ •L-Track Aluminum Bed System E-Shiel&-Frame OUTSIDE CLEARANCE CIRCLE 215 ft(G-6 m) Weather Enclosure Fuel/Oil Gauge K •USB Outlet Premium Steering Wheel W ! 12-Volt Outlet •Side Body Color STEERING Self-Compensating Rack and Pinion .. •Canopy Storage Net Windshield �+ FRONT/REAR SUSPENSION Leaf Springs w/Hydraulic Shock Absorbers � •Brush Guard LED Headlights •Rearview Mirror Glove Box SERVICE BRAKE Rear Wheel Mechanical Self-adjusting Drum E •ROPS-Certified Cab Floor Mount Attachment PARKING BRAKE Self-compensating,Single Point Engagement V TC FRONT/REARTIRES 18 x 8..5-8 Q 1 www.cushman.com ©2019 Textron Specialized Vehicles Inc.Features and specifications of the vehicles are subject to change without notice.Vehicle as photographed may include options not included on base model. 82290-G7(Rev 11/2019) Packet Pg. 51 5.B.c EXHIBIT B WARRANTY PROVISIONS C a� E a� a� L a� a J a1 C C R C LL C R C d E d d L a r L U O C L Nam_ Lf� M 00 a) N N d r C Cu L L K W E V a GOLF CART USE AGREEMENT Exhibit B - Warranty Provisions Packet Pg. 52 5.B.c MODEL YEAR 2021 Limited Warranty Terms and Conditions—RXV and TXT ELITE Fleet Vehicles Textron Specialized Vehicles Inc. ("Company") provides that any new Model Year 2021 E-Z-GO RXV Fleet and TXT Fleet Elite electric vehicle(Vehicles factory equipped with a lithium battery pack) (the"Vehicles")and/or the battery charger for the Vehicle's lithium battery pack purchased from the Company,a Company affiliate,or an authorized Company dealer or distributor,or leased from a leasing company approved by the Company,shall be free from defects In material or workmanship under normal use and service(the"Limited Warranty").This Limited Warranty with respect only to parts and labor Is extended to the N 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"): 0) E Part or Component Warranty Period 0) a) FRAME-WORKMANSHIP LIFETIME i SUSPENSION-Steering Gearbox,steering column,shocks and leafsprings 4 Years Q MAIOR ELECTRONICS--Electric motor,solid statespeed controller 4 Years y LITHIUM BATTERY SYSTEM—Battery pack,battery management system,battery charger,and charger receptacle 5 Years to M PEDAL GROUP-Pedal assemblies,and motor brake 4 Years a) SEATS-Seat bottom,seat back and hip restraints 3 Years CANOPY SYSTEM-Canopyand canopy struts 4 Years C POWERTRAIN—Electric axle 3 Years V BODY GROUP—Front and rear cowls,side panels and Instrument panel 3 Years R OTHER ELECTRICAL COMPONENTS—Solenoid,limit switches,DC/DC converter,F&R switch,charger cord, 3 Years wiring harness LL ALL REMAINING COMPONENTS-All options and accessories supplied by E-Z-GO at time of delivery,and all 2 Years 'p R components not specified elsewhere INITIAL ADJUSTMENTS—Initial alignment,adjustments,fastener tightening 90 days }, The Warranty Period for all parts and components of the Vehicle other than Lithium Batteries shall commence on the date of delivery to the Purchaser's location or the date on which the Vehicle is placed in Purchaser-requested storage.The Warranty Period for Lithium Batteries shall commence on the E earliest of the following dates: 0) of Vehicle delivery to the Purchaser's location, d • on which the Vehicle Is placed in Purchaser-requested storage or CF) • that is sixty(60)days from the date of sale or lease of the Vehicle by the Company to an authorized Company dealer or distributor. Q Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the original Warranty Period.This Limited N Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval from the Director of the Company's Customer Care/Warranty Department. i EXCLUSIONS:Specifically EXCLUDED from this Limited Warranty are: M • routine maintenance items,normal wear and tear,cosmetic deterioration or electrical components damaged as a result of fluctuations U in electric current; p • damage to or deterioration of a Vehicle,part or battery charger resulting from an accident or collision,or from the neglect,abuse, 0 or inadequate maintenance of the Vehicles; -a • damage resulting from installation or use of parts or accessories not approved by Company,including but not limited to subsequent failures of the Vehicle,other parts or the battery charger due to the Installation and/or use of parts and accessories not approved by Company; • warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer designee. Warranty repairs performed by someone other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; • damage or loss resulting from acts of nature,vandalism,theft,war or other events over which Company has no control; 00 • any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer,distributor or designee for warranty service or in performing field warranty service;and C14 • any and all expenses,fees or duties incurred relative to Inbound freight,importation,or customs. N THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: r shows indications that routine maintenance was not performed In accordance with the Owner's Manual provided with the Vehicle,including but not limited to rotation of fleet,proper tire inflation,and lack of charging. M • shows indications that non-recommended lubricants were applied to the Vehicle and any part thereof; M • shows Indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications that it has been altered or modified in any way from Company specifications,including but not limited to alterations to the speed braking system,electrical system,passenger capacity or seating; m • 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 cards with battery X chargers; LU • shows indication that the battery charger has been modified to charged vehicles not approved for the charger; +: • has electrical accessories that are not manufactured or sold by the Company for use with the Vehicle or any electrical energy consuming devices installed directly to the battery pack; E • shows Indications that the battery pack was disassembled,opened,or tampered with in any way; shows Indications that attempts may have been made to intentionally reduce the battery pack life; M • contain lithium battery packs that are not paired with the battery management system as supplied by the Company; Q FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO TSV.COM,OR WRITE TO TEXTRON SPECIALIZED VEHICLES INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 6572841321 Packet Pg. 53 5.B.c MODEL YEAR 2021 Storage and Operation limitations Condition Time Allowed STORAGE BETWEEN CHARGE CYCLES 3 months STORAGE BETWEEN-22'F -30'C AND-4'F -20'C STORAGE ONLY—NO CHARGING OR DISCHARGING OF BATTERY PACK 1 month OPERATION OF VEHICLE BELOW-4-F(-20'C)OR ABOVE 140-F(60'C) NOT ALLOWED USE OF NON-APPROVED PARTS AND ACCESSORIES: THIS LIMITED WARRANTY SHALL NOT APPLY TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR EXPRESSLY AUTHORIZED BY THE COMPANY,OR WHICH N WERE NOT INSTALLED BY THE COMPANY,ITS DEALERS OR DISTRIBUTORS,INCLUDING BUT NOT LIMITED TO GPS SYSTEMS,COOLING AND HEATING SYSTEMS, COMMUNICATION SYSTEMS,INFORMATION SYSTEMS,OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE d BATTERIES. d REMEDY:Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect In material or workmanship in the Vehicle,any part or d component,or battery charger during the applicable Warranty Period Is that Company will,at its sole option,repair or replace any defective parts.For such warranty repairs or replacements,the Company may,at its discretion, provide factory reconditioned parts or new components from alternate suppliers.All replaced parts become the sole property of the Company. This exclusive remedy will not be deemed to have failed of its essential purpose so long as the Company has In made reasonable efforts to repair or replace the defective parts. N J DLSCLAIMER:THIS LIMBED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN 0) LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILRY OR FITNESS FORA O_ PARTICULAR PURPOSE,ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. V C R LIABILITY LIMITATIONS:IN NO CASE SHALL THE COMPANY BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES,INCLUDING O BUT NOT LIMITED TO DEATH,PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY LL CHARGER,OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME,INCONVENIENCE OR ANY ECONOMIC LOSS,WHETHER OR NOT THE COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF M R WARRANTY MUST BE BROUGHT WITHIN THREE(3)MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL y DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU E 0) WARNING:ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE d VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE,PERSONAL INJURY OR DEATH. DONDTMAKEANYSUCHMOOIF1CAIpNSORgft6N ES. SUCH MODIFICATIONS OR CHANGES WILL VOID THIS LIMITED WARRANTY. THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD (/) ADVERSELY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. a+ L LITHIUM BATTERY WARRANTY LIMITATIONS,CONDITIONS AND EXCEPTIONS: R U • Claims for battery replacement require specific testing,as specified by Company's Customer Care/Warranty Department.The Company,or an .- authorized Company dealer or distributor,should be contacted to obtain a copy of the required tests. O • IF IT IS DETERMINED THAT PARTS OR ACCESSORIES WERE INSTALLED DIRECTLY TO THE VEHICLE'S BATTERY PACK WITHOUT THE COMPANY'S U� EXPRESS WRITTEN APPROVAL,THEN THE WARRANTY FOR THE BATTERY PACK AND THE BATTERY MANAGEMENT SYSTEM SHALL BE VOID. "CS • ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES O N ENERGY FROM ALL BATTERIES. .0 L • Electric Vehicle storage facilities must provide the fallowing: ample electrical power to charge all Vehicles and allow the charger to shut off automatically; > • battery chargers must each have an independent dedicated 15 amp circuit; • each battery charger must be connected to Its circuit with at minimum a NEMA 15-511 three-pin receptacle; th one(1)functional charger for each Vehicle in the fleet with a proper electrical supply as specified above;and 00 • BATTERY CHARGERS MUST BE THE COMPANY APPROVED CHARGERS FOR LITHIUM BATTERY PACK VEHICLES. In OTHER COMPANY RIGHTS: d • Company may perform semi-annual vehicle inspections(directly or through assigned Company representatives)through the term of any fleet lease. , • Company may improve,modify or change the design of any Company vehicle,part or battery charger without being responsible to modify previously fo manufactured vehicles,parts or battery chargers. L L • Company may audit and inspect the Purchaser's facility,maintenance records and its Vehicles prior to approving any warranty claim;furthermore, t4 Company may use a third party to perform such audit or inspection of the Purchaser's storage facilities,and/or batteries. • THE WARRANTY FOR ALL VEHICLES IN A FLEET SHALL BE VOIDED IF DATA SUBMITTED FOR AN INDIVIDUAL VEHICLE WARRANTY CLAIM CONTAINS m' FALSE OR MISLEADING INFORMATION. AUTHORITY: No Company employee,dealer,distributor or representative,or any other person,has any authority to bind Company to any modifications of the terms and conditions of this Limited Warranty without the express written approval from the Director of the Company's Customer Care/Warranty Department. W C: 0) E t U M r r Q FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO TSV.COM,OR WRITE TO TEXTRON SPECIALIZED VEHICLES INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,14SI MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 6S7284G21 Packet Pg. 54 MODEL YEAR202 Limited Warranty Terms and Conditions- RXV and TXT Fleet Vehicles The Textron Specialized Vehicles(TSV)Division of Textron Inc. ("Company") provides that any new Model Year 2021 E-Z-GO RXV Fleet and TXT Fleet gasoline or lead-acid electric vehicle (the"Vehicles")and/or battery charger purchased from the Company,a Company affiliate,or an authorized Company dealer or distributor,or leased from a leasing company approved by the Company,shall be free from defects In material or workmanship under normal use and service(the "Limited Warranty"). This Limited Warranty with respect only to parts and labor Is extended to the Original Retail Purchaser or the Original Retail Lessee ("Purchaser")for defects reported to the Company no later than the following warranty periods for the Vehicle parts and components set forth below(the"Warranty Period"): Part or Component Warranty Period FRAME-WORKMANSHIP LIFETIME +N+ MAJOR SUSPENSION COMPONENTS-Steerin Gearbox,veering column shocks,struts and leafs rings 4 years a) 0) MAJOR ELECTRONICS—Elect?lc motor,solid states peed controller and battery charger 4 years E LEAD ACID DEEP CYCLE BATTERY—TXT ELECTRIC MODELS: 0) 0) • Standard Battery Earlier of 4 years or 23,500 amp hours' i • Standard Battery with optional water fill system Earlier of 4 years or 25,000 amp hours* Q LEAD ACID DEEP CYCLE BATTERY—RXV ELECTRIC MODELS: Earlier of 4 years or 25,000 amp hours` y GAS CAR BATTERY(Gas cars with added electrical loads must be equipped with heavy duty battery) 2 years N M PEDALGROUP-Pedal assemblies,brake assemblies,brake cables and motor brake 4 years a) CANOPY SYSTEM-Canopy and canopy struts 4 years SEATS-Seat bottom,seat back and hip restraints 3 years C POW ERTRAIN—Gasoline engine,gasoline axle,engine air intake and exhaust system 4 years V POWERTRAIN—E{ectric axle 3 years M R BODY GROUP—Front and rear cowls,side panels and Instrument panel 3 years C OTHER ELECTRICAL COMPONENTS—Solenoid,limit switches,starter generator,voltage regulator,F&R 3 years switch,charger cord and charger receptacle ALL OPTIONS AND ACCESSORIES-All options and accessories supplied by Company at time of purchase 2 years R ALL OTHER COMPONENTS-All other components supplied by Company at time of purchase 2 years }, INITIAL ADJUSTMENTS—JnlVal alignment,adjustments,fastener retightening 90 Days 0) 'Added electrical components not part of original Vehicle drive system equipment that consume equal to or more than.4 amps shall reduce the amp hour E battery warranty by fifteen percent(15%). Added electrical components not part of original Vehicle drive system equipment that consume less than.4 0) amps shall reduce the amp hour battery warranty by ten percent(IO%). See reverse for other battery warranty limitations,conditions and exceptions. CJ1 The Warranty Period for all parts and components ofthe Vehicle other than Lead Acid Deep Cycle Batteries shall commence on the date of delivery Q to the Purchaser's location or the date on which the Vehicle is placed in Purchaser-requested storage. N N 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, i on which the Vehicle is placed in Purchaser-requested storage or M • that is one(1)year from the date of manufacture of the Vehicle. U Parts repaired or replaced under this Limited Warranty are warranted for the remainder of the length of the Warranty Period. This Limited O Warranty applies only to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the TSV 0 Customer Care/Warranty Department. C EXCLUSIONS:Specifically EXCLUDED from this Limited Warranty are: • routine maintenance items,normal wear and tear,cosmetic deterioration or electrical components damaged as a result of fluctuations In electric L current; N • damage to or deterioration of a Vehicle, art or battery charger resulting from Inadequate or Improper maintenance,neglect,abuse,improper g p ry g g qg � usage,accident or collision; • damage resulting from installation or use of parts or accessories not approved by Company,including but not limited to subsequent failures of the Vehicle,other parts or the battery charger due to the installation and/or use of parts and accessories not approved by Company; 00 • warranty repairs made by other than a Company branch or an authorized and qualified Dealer designee.Warranty repairs by other than a Company branch or an authorized and qualified Dealer or designee shall void the Limited Warranty; • damage or loss resulting from acts of nature,vandalism,theft,war or other events over which Company has no control; ) • any and all expenses incurred In transporting the Vehicle to and from the Company or an authorized and qualified Dealer,distributor or designee for warranty service or in performing field warranty service;and M L • any and all expenses,fees or duties Incurred relative to inbound freight,importation,or customs. THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY CHARGER: • shows indications that routine maintenance was not performed per the Owner's Manual,including but not limited to rotation of fleet,proper tire inflation,lack of charging,inadequate battery watering,use of contaminated water,loose battery hold downs,routine scheduled oil and filter m changes,corroded battery cables and loose battery terminals; • lacks an adequate number of operating battery chargers,uses unapproved battery chargers for the vehicle or uses extension cords with battery chargers; L • shows Indications that the charger has been modified to charge vehicles not approved for the charger; K • gasoline vehicles fueled with unleaded gasoline containing more than SOY ethanol,EBS ethanol fuel or other non-recommended fuels, W contaminated gasoline or other non-recommended lubricants; • shows Indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications it has been altered or modified in any way from Company specifications,including but not limited to alterations to the speed t braking system,electrical system,passenger capacity or seating; R • has been altered to be used in an application other than a fleet golf vehicle such as a Personal Transportation Vehicle(PTV),utility vehicle,or other r non-fleet golf vehicle Q • has non-Company approved electrical accessories or electrical energy consuming devices installed on a gasoline powered Vehicle without installation of a heavy duty 12V battery;or • is equipped with non-standard tires not approved by Company for the application. FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO EZGO.TXTSV.COM,OR WRITE TO TSV DIVISION OF TEXTRON INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,14S1 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 646534G21 Packet Pg. 55 MODEL YEAR 202 USE OF NON-APPROVED COMPANY PARTS AND ACCESSORIES:THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY THE COMPANY,OR WHICH WERE NOT INSTALLED BY THE COMPANY,ITS DEALERS OR DISTRIBUTORS,INCLUDING BUT NOT LIMITED TO NON-APPROVED GPS SYSTEMS,COOLING AND HEATING SYSTEMS,COMMUNICATION SYSTEMS,INFORMATION SYSTEMS,OR OTHER FORMS OF ENERGY CONSUMING DEVICES WIRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. REMEDY:Purchaser's sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle,any part or component,or battery charger during the applicable Warranty Period is that E-Z-GO will,at its sole option,repair or replace any defective parts.If 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. N DISCLAIMER:THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR W A PARTICULAR PURPOSE,ALL SUCH OTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. d 0) LIABILITY LIMITATIONS:IN NO CASE SHALLTHE COMPANY BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES,INCLUDING i BUT NOT LIMITED TO DEATH,PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY CA a CHARGER,OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME,INCONVENIENCE OR ANY ECONOMIC LOSS,WHETHER OR 4) NOT THE COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES.THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER'S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE VEHICLE FAILS OF ITS ESSENTIAL PURPOSE.THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF J REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE.ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT WITHIN THREE(3)MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON V C HOW LONG AN IMPLIED WARRANTY MAY LAST,SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. M C WARNING:ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE LL VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN "C7 PROPERTY DAMAGE,PERSONAL INJURY OR DEATH. DONOTMAKEANVSUCHMODIFICATIONSORCHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID R THE LIMITED WARRANTY. THE COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD + ADVERSELY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. d E LEAD ACID DEEP CYCLE BATTERY WARRANTY LIMITATIONS,CONDITIONS AND EXCEPTIONS: • The amp hour Warranty Period for electric Vehicle batteries is as recorded by the Vehicle's controller. i • Claims for battery warranty replacement require specific testing,as specified by the TSV Customer Care/Warranty Department.The Company,or an authorized Company dealer or distributor,should be contacted to obtain a copy of the required tests,which must be performed and corrected for temperature,based upon BCI(Battery Council International)recommendations. N • NON-FACTORY INSTALLED PARTS OR ACCESSORIES INSTALLED DIRECTLY TO LESS THAN THE COMPLETE VEHICLE BATTERY PACK WILL VOID THE r WARRANTY FOR THE ENTIRE BATTERY PACK. L • ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF A COMPANY APPROVED DC TO DC CONVERTER THAT USES M U ENERGY FROM ALL BATTERIES. 4- • Electric Vehicle storage facilities must provide the following: O • ample electrical power to charge all Vehicles and allow the charger to shut off automatically; • battery chargers must each have an independent dedicated 15 amp circuit; • each battery charger must be connected to Its circuit with at minimum a NEMA 15-SR three-pin receptacle; y • five(5)air exchanges per hour in the charging facility; L • If the facility utilizes an electrical energy management system,the timer must be set to have available fourteen(14)hours of electricity;and ; • one(1)functional charger for each Vehicle in the fleet with a proper electrical supply as specified above. OTHER COMPANY RIGHTS: • Company may perform vehicle inspections(directly or through assigned E-Z-GO representatives)through the term of the warranty period. M • Company may improve,modify or change the design of any Company vehicle,part or battery charger without being responsible to modify previously CO manufactured vehicles,parts or battery chargers. N • Company may audit and inspect the Purchaser's facility,maintenance records and Its Vehicles by a Company representatives prior to approving a warranty claim and may contract with a third parry to evaluate the Purchaser's storage facilities,fuel storage tanks and/or batteries. N 0) • 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 IB terms of this Limited Warranty without the express written approval of the TSV Customer Care/Warranty Department. i R EMISSIONS CONTROL WARRANTY: The Vehicle may also be subject to an emissions control warranty,as required by the U.S.Environmental Protection Agency ?> and California Air Resources Board,which is provided In a separate Statement with the Vehicle. m r-+ t X W C E L v R r Q FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO EZGO.TXTSV.COM,OR WRITE TO TSV DIVISION OF TEXTRON INC.,ATTENTION: TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 646S34G21 Packet Pg. 56 5.B.c MODEL YEAR 2021 Limited Warranty Terms and Conditions- E-I-G0 Non-Fleet Vehicles The Textron Specialized Vehicles(TSV)Division of Textron Inc.("Company")provides that any new Model Year 2021 E-Z-GO non-fleet gasoline or electric vehicle N (the"Vehicle")and/or battery charger purchased from Company,a Company affiliate,or an authorized Company dealer or distributor,or leased from a leasing company approved by Company,shall be free from defects in material or workmanship under normal use and service(the"Umited Warranty").This Limited y 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 E Company no later than the following warranty periods for the Vehicle parts and components set forth below(the"Warranty Period"): 0) 0) L Vehicle WarrantyPeriod Q FREEDOM RXV OR FREEDOM TXT GAS OR ELECTRIC VEHICLE N FRAME-WORKMANSHIP I N Lifetime O BATTERY--GAS MDOM 2 years 0) ENGINE—GAS MODELS 3 years ALL E-Z-GOOPTIONS AND ACCESSORIES—supplied by the company at time of purchase 2 years ALL OTHER COMPONENTS—supplied by the company at time of purchase 3 years V SHUTTLE,TERRAIN AND EXPRESS VEHICLES: ALL PARTS AND COMPONENTS UNLESS OTHERWISE NOTED 2 ears ra C ALL GAS OR ELECTRIC VEHICLES INITIALADJUSTMENTS—ALL VEHICLES—Initial all nment,adjustments,fastenerretightening 90days 'p LEAD ACID DEEP CYCLE BATTERY—ELECTRIC FREEDOM MODELS Earlier of 3 ears or 23,000 amp hours` `Added electrical components not part of original Vehicle drive system equipment that consume equal to or more than.4 amps shall reduce the amp hour battery warranty by fifteen percent(15%). Added electrical components not part of original Vehicle drive system equipment that consume less than.4 d amps shall reduce the amp hour battery warranty by ten percent(10%). See reverse for orherbottery warranty flmitations,conditions and exceptions. 0) The Warranty Period for all parts and components of the Vehicle other than Lead Acld Deep Cycle Batteries shall commence on the date of delivery to the original Purchaser's location or the date on which the Vehicle is placed in Purchaser-requested storage. Cn Q The Warranty Period for Deep Cycle Batteries shall commence on the earliest of the date of: (D • Vehicle delivery to the original Purchaser's location, N • 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. L R 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 L) to the Purchaser and not to any subsequent purchaser or lessee without the prior written approval of the TSV Customer Care/Warranty Department. O EXCLUSIONS:Specifically EXCLUDED from this Limited Warranty are: 'CS • routine maintenance items,normal wear and tear,cosmetic deterioration or electrical components damaged as a result of fluctuations N In electric current; • damage to or deterioration of a Vehicle,part or battery charger resulting from inadequate maintenance,neglect,abuse,accident or collision; • damage resulting from installation or use of parts or accessories not approved by Company,including but not limited to subsequent failures of the Vehicle,other parts or the battery charger due to the installation and/or use of parts and accessories not approved M by Company; 00 • warranty repairs made by other than a Company branch or an authorized and qualified Dealer designee.Warranty repairs by other than N 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; N any and all expenses incurred in transporting the Vehicle to and from the Company or an authorized and qualified Dealer,distributor 0) r 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. i L THIS LIMITED WARRANTY MAY BE VOIDED OR LIMITED AT THE SOLE DISCRETION OF COMPANY IF THE VEHICLE AND/OR BATTERY M CHARGER: • shows indications that routine maintenance was not performed per the Owner's Manual,Including but not limited to proper tire inflation,lack m of charging,inadequate lead add battery watering,use of contaminated water,loose battery hold downs,corroded battery cables and loose battery . terminals; Z • lacks an adequate number of operating battery chargers,uses unapproved battery chargers for the vehicle or uses extension cords with battery K chargers; LU • is fueled with unleaded gasoline containing more than 10%ethanol,E85 ethanol fuel or other non-recommended fuels,contaminated gasoline or other non-recommended lubricants; • shows indications that the speed governor was adjusted or modified to permit the Vehicle to operate beyond Company specifications; • shows indications it has been altered or modified in any way from Company specifications,including but not limited to alterations to the speed t braking system,electrical system,passenger capacity or seating; R • has non-Company approved electrical accessories or electrical energy consuming devices installed on a gasoline powered Vehicle without r installation of a heavy duty 12V battery;or Q FOR FURTHER INFORMATION,CALL 1-800-774-3946,GO TO TSV.COM,OR WRITE TO TSV DIVISION OF TEXTRON INC.,ATTENTION:TSV CUSTOMER CARE/WARRANTY DEPARTMENT,14S1 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 646530G21 Packet Pg. 57 5.B.c MODEL YEAR 2021 • is equipped with non-standard tires not approved by Company. USE OF NON-APPROVED COMPANY PARTS AND ACCESSORIES: THIS LIMITED WARRANTY IS VOID WITH RESPECT TO ANY PROPERTY DAMAGE OR ADDITIONAL ENERGY CONSUMPTION ARISING FROM OR RELATED TO PARTS OR ACCESSORIES NOT MANUFACTURED OR AUTHORIZED BY COMPANY,OR WHICH WERE NOT INSTALLED BY COMPANY, ITS DEALERS OR DISTRIBUTORS, INCLUDING BUT NOT LIMITED TO GPS SYSTEMS,COOLING AND HEATING SYSTEMS,COMMUNICATION SYSTEMS,INFORMATION SYSTEMS,OR OTHER FORMS OF ENERGY CONSUMING DEVICES W IRED DIRECTLY OR INDIRECTLY TO THE VEHICLE BATTERIES. jp REMEDY:Purchasers sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Vehicle,any part 41 or component,or battery charger during the applicable Warranty Period Is that company will,at its sole option,repair or replace any defective parts.If Company elects to repair or replace a defective part,Company may at Its discretion provide a factory reconditioned part or new component from an alternate GJ supplier.All replaced parts become the sole property of Company.This exclusive remedy will not be deemed to have failed of its essential purpose so long as i COMPANY has made reasonable efforts to repair or replace the defective parts. a DISCLAIMER:THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED FOR THE VEHICLES AND BATTERY CHARGER AND IS MADE IN N LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,ALL SUCHOTHER WARRANTIES BEING EXPLICITLY DISCLAIMED. J CA LIABILITY LIMITATIONS:IN NO CASE SHALL COMPANY BE LIABLE FOR INDIRECT,INCIDENTAL,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES,INCLUDING BUT NOT LIMITED TO DEATH,PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM OR RELATED TO ANY ALLEGED FAILURE IN A VEHICLE OR BATTERY V CHARGER,OR ANY DAMAGE OR LOSS TO THE PURCHASER OR ANY THIRD PARTY FOR LOST TIME,INCONVENIENCE OR ANY ECONOMIC LOSS,WHETHER OR R NOT COMPANY WAS APPRISED OF THE FORSEEABILITY OF SUCH DAMAGES OR LOSSES. THE RIGHT OF PURCHASER TO RECOVER DAMAGES WITHIN THE LIMITATIONS SET FORTH IN THIS SECTION IS PURCHASER'S EXCLUSIVE ALTERNATIVE REMEDY IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT OF THE LL VEHICLE FAILS OF ITS ESSENTIAL PURPOSE.THE PARTIES AGREE THAT THIS ALTERNATIVE REMEDY WILL BE ENFORCEABLE EVEN IF THE LIMITED REMEDY OF REPAIR OR REPLACEMENT FAILS OF ITS ESSENTIAL PURPOSE.ANY LEGAL CLAIM OR ACTION ARISING THAT ALLEGES BREACH OF WARRANTY MUST BE BROUGHT M WITHIN THREE(3)MONTHS FROM THE DATE THE WARRANTY CLAIM ARISES.THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL DAMAGES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. E d WARNING:ANY MODIFICATION OR CHANGE TO THE VEHICLE OR BATTERY CHARGER WHICH ALTERS THE WEIGHT DISTRIBUTION OR STABILITY OF THE i VEHICLE, INCREASES THE VEHICLE'S SPEED, OR ALTERS THE OUTPUT OF THE BATTERY CHARGER BEYOND FACTORY SPECIFICATIONS, CAN RESULT IN PROPERTY DAMAGE,PERSONAL INJURY OR DEATH. DO NOT MAKE ANY SUCH MODIFICATIONSOR CHANGES. SUCH MODIFICATIONS OR CHANGES WILL VOID THE LIMITED WARRANTY. COMPANY DISCLAIMS RESPONSIBILITY FOR ANY SUCH MODIFICATIONS, CHANGES OR ALTERATIONS WHICH WOULD N ADVERSELY IMPACTTHE SAFE OPERATION OF THE VEHICLE OR BATTERY CHARGER. r L DEEP CYCLE BATTERY WARRANTY LIMITATIONS,CONDITIONS AND EXCEPTIONS: R U • The amp hour Warranty Period for electric Vehicle batteries is as recorded by the Vehicle's controller. ,- • Claims for battery warranty replacement require specific testing,as specified by the Company Customer Care/Warranty Department.Company,or p an authorized Company dealer or distributor,should be contacted to obtain a copy of the required tests,which must be performed and corrected (� for temperature,based upon BCI(Battery Council International)recommendations. • NON-FACTORY INSTALLED PARTS OR ACCESSORIES INSTALLED DIRECTLY TO LESS THAN THE COMPLETE VEHICLE BATTERY PACK WILL VOID THE WARRANTY FOR THE ENTIRE BATTERY PACK. • ALL NON-FACTORY INSTALLED ACCESSORIES REQUIRE THE INSTALLATION AND USE OF AN COMPANY APPROVED DC TO DC CONVERTER THAT L 41 USES ENERGY FROM ALL BATTERIES. • Electric Vehicle storage facilities must provide the following: • ample electrical power to charge all Vehicles and allow the charger to shut off automatically; M • battery chargers must each have an independent dedicated 15 amp circuit; co • each battery charger must be connected to its circuit with at minimum a NEMA 15-SR three-pin receptacle; N • five(5)air exchanges per hour in the charging facility; • if the facility utilizes an electrical energy management system,the timer must be set to have available fourteen(14)hours of electricity;and d • one(1)functional charger for each Vehicle with a proper electrical supply as specified above. , C IB OTHER COMPANY RIGHTS: i R • Company may perform semi-annual vehicle Inspections(directly or through assigned Company representatives)through the term of any lease. • Company may improve,modify or change the design of any Company vehicle,part or battery charger without being responsible to modify previously ' m manufactured vehicles,parts or battery chargers. r-+ • Company may audit and inspect the Purchaser's facility,maintenance records and its Vehicles by Company representatives prior to approving a warranty claim and may contract with a third party to evaluate the Purchaser's storage facilities,fuel storage tanks and/or batteries. X AUTHORITY: No Company employee,dealer,distributor or representative,or any other person,has any authority to bind COMPANY beyond the terms of this LU Limited Warranty without the express written approval of the TSV Customer Care/Warranty Department. C EMISSIONS CONTROL WARRANTY: The Vehicle may also be subject to an emissions control warranty,as required by the U.S.Environmental Protection Agency E and California Air Resources Board,which is provided in a separate Statement with the Vehicle. V M r r Q FOR FURTHER INFORMATION,CALL 1-1300-774-3946,GO TO TSV.COM,OR WRITE TO TSV DIVISION OF TEXTRON INC.,ATTENTION:TSV CUSTOMER CARE/WARRANTY DEPARTMENT,1451 MARVIN GRIFFIN ROAD,AUGUSTA,GEORGIA 30906 USA. TSV P/N 64653OG21 Packet Pg. 58 5.B.d EXHIBIT C INSURANCE REQUIREMENTS No Insurance is required for this Contract or Agreement. r c a� E a� L Q J C C R C LL C r C d E N L Q d L U 0 c m L M Cn N N V C f� L K LU E V Q Packet Pg. 59 IN I Huntington AGREEMENTe (EQUIPMENT RENTAL ov This"Lease":Lease Agreement Number 008-0742593-100 Dated June 9,2021 "Lessee" J City of Kent,Washington,220 Fourth Ave.S,Kent,WA 98032 Fax: E-mail: E "Lessor" R The Huntington National Bank,1405 Xenium Lane North PCC180 ,Plymouth,MN 55441 5 Fax:319-833-4577 E-mail:customerserAce financediv.com u_ c cv Number of Rental Payments Rental Payments Advances E to ov During a 48 month term that shall be based on the 48 date Lessor pays the Equipment supplier,a Q monthly payment of$5,114.88 (the"Standard Payment")is due beginning March,2022 and each March,April,May,June,July,August, September V and October thereafter until a total of 32 Standard Payments have been made. A payment of$0.00 is 6 due each November,December,January and First:$0.00 February for a total of 16$0 Payment Months. Last:$0.00 ov The Total Number of Rental Payments includes Total:$0.00 both the Standard Payment Months and the$0 Payment Months. The first due date for a W "Standard Payment"will be determined by Lessor once it pays the Equipment supplier and the Lessee 00 has provided a written acknowledgement of its acceptance of the Equipment. 00 (Plus any applicable taxes c EQUIPMENT LOCATION&DESCRIPTION: MAXIMUM HOURS: o 2019 W Meeker St,Kent,WA 98032: z (36)2022 E-Z-GO RXV Elite Lithium Golf Cars together with all attachments and N/A r_ accessories thereto a� c TERMS AND CONDITIONS--READ CAREFULLY BEFORE SIGNING c 1. RENTAL: Lessor rents to Lessee and Lessee rents from Lessor the equipment,furniture,fixtures,machinery,inventory,goods and software,a _ such terms are defined under the Uniform Commercial Code("UCC"),described above and in any schedule made a part hereof,together with al oa 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 thi '3 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. _ tv 2. PAYMENTS: Other than as set forth in a rider hereto,rental payments are due monthly,beginning the date designated by Lessor and continuing E 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 deliver Q and acceptance certificate to Lessor signed by an authorized representative of Lessee. Lessee represents that any agent of Lessee who verifie N delivery and acceptance of the Equipment by signing a writing acknowledging delivery and acceptance has actual authority to do so. Upon thi m parties'mutual acceptance of this Lease,THIS LEASE SHALL BE NON-CANCELABLE,and Lessee's obligations hereunder shall not abate to any reason other than as provided for in this Lease. L 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 UNDEI THIS LEASE SHALL NOT IN ANY WAY IMPACT OR AFFECT ANY WARRANTIES,EXPRESS OR IMPLIED,BETWEEN LESSEE ANI THE EQUIPMENT SUPPLIER OR VENDOR. LESSEE AGREES THAT LESSOR IS NOT THE MANUFACTURER OR SUPPLIER OF THI E EQUIPMENT. LESSEE HAS SELECTED THE EQUIPMENT BASED UPON ITS OWN JUDGMENT AND ACKNOWLEDGES THA' v LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, DIRECT Of INDIRECT,EXPRESS OR IMPLIED,AS TO THE SUITABILITY,DURABILITY,DESIGN,OPERATION OR CONDITION OF THI Q 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. Packet Pg. 60 Golf RentalAgreement_Muni ver.03.22.21 444464 12/17/2021 9:03 AM 5.B.e 5. GOVERNING LAW; VENUE OF LITIGATION: THIS LEASE, AND ALL MATTERS ARISING FROM THIS , 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 MA) ENFORCE THIS LEASE IN ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON HAVINC 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; 0) security interest in all Equipment financed by or rented from Lessor,of any kind or nature whatsoever,wherever located,whether now owned o = v hereafter acquired,and all returns,repossessions,substitutions,replacement parts,accessories,and accessions thereto and thereof,and all proceed thereof,to secure all present and future obligations of Lessee to Lessor,of every type and description and howsoever evidenced.This Lease shal c be construed so that interest,the applicable interest rate and other charges shall not exceed that allowed by applicable law,and any payment tha U- 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 othe document(s)showing the interest of Lessor,including but not limited to UCC financing statements,to be authenticated and filed or recorded. I1 addition, Lessee appoints Lessor, its successors and assigns, as Lessee's attorney-in-fact (1)to arrange for property damage coverage under; E 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 thl y 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/o tm application of proceeds from any policy of insurance,and(3)to receive payments and execute and endorse all documents,checks,drafts,or othe Q instruments necessary or advisable to secure payments due under any policy of insurance. These appointments and authorizations shall bi m continuous. Nothing in this paragraph shall relieve Lessee of its duty to procure required insurance, to make timely insurance claims, and t( 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 bi unconditionally obligated to pay all payments and other amounts due hereunder no matter what happens, even if the Equipment is damaged o p 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 suppor 0 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 4) Lessee shall maintain the Equipment in good repair and working order at Lessee's sole expense. m 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 timl thereafter may be imposed.If Lessor pays any of the above for Lessee,Lessee agrees to reimburse Lessor on demand,plus interest. Lessor shal 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 t( N indemnify Lessor with respect to all claims for losses imposed on,incurred by,or asserted against Lessor,including attorneys'fees and expense plus interest, where such claims arise or are caused by Lessee's negligence, and Lessee agrees to obtain indemnification from the Equipmen supplier to indemnify Lessor for claims related to the Equipment that are not attributable to the Lessee's negligence. Further, Lessee shall, i m requested by Lessor, defend Lessor against any claims for losses or injuries caused by the Lessee's negligent performance of this Lease. Thi provision shall survive the cancellation,termination or expiration of this Lease. c 12.INSURANCE: Lessee shall keep the Equipment insured against loss for not less than its replacement cost or such greater amount as may bi prescribed by any applicable state law specifying minimum insurance requirements,and shall carry public liability insurance,both personal injur Z and property damage. Lessee shall name Lessor as an additional insured and as loss payee. If Lessee fails to procure insurance,Lessor may obtaii r- same and pay the amount due thereon as provided for under Section 7 of this Lease and Lessee shall reimburse Lessor upon demand and, i 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 rats 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 pa, _ Lessor the remaining balance and any other amounts payable hereunder. y 13.LATE CHARGES: If Lessee is delinquent in paying any sum due,Lessee shall pay a charge to offset collection expenses on such delinquen 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 t than allowed by applicable law.In addition,Lessor will impose a surcharge of up to$30 or the maximum allowed under applicable law for an, 3 dishonored payment. rn 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 othe c term of this Lease; (3)Lessee encumbers or disposes of the Equipment without Lessor's written consent; (4)The filing by or against Lessee o E any guarantor of Lessee's obligations to Lessor ("Guarantor") of a petition under the Bankruptcy Code or any other insolvency law; (5) The m voluntary or involuntary commencement of any formal or informal proceeding for dissolution,liquidation,settlement of claims against or windinj 2 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 o Q warranty made by Lessee or a Guarantor in connection herewith proves to have been materially misleading; (7)Lessee is in default under an, N other contract or agreement with Lessor;(8)any Guarantor repudiates or attempts to revoke any guaranty of Lessee's obligations to Lessor relate( to this Lease. J 15.REMEDIES: Upon an occurrence of default,Lessor may exercise one or more of the following remedies: (1)Declare due,sue for,and receive d 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 an, other agreement between Lessee and Lessor;(4)Charge Lessee interest on all monies due hereunder from and after the date of default at the rat, 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 fo any other amounts provided for in this Lease. In addition,Lessor may use any other remedies available to it under applicable law.These remedie v 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 o 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 t( Q all of Lessor's other rights and remedies, Lessee agrees to pay Lessor all costs and expenses, including attorneys' fees, incurred by Lessor ii Packet Pg. 61 Golf RentalAgreement_Muni ver.03.22.21 444464 12/17/2021 9:03 AM Page 2 of 5 5.B.e exercising or attempting to exercise any of its rights or remedies. If appropriate in the circumstances,remedies will include those availaDle un er 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 securit, interest thereon.Upon notice and acceptance by Lessee,which acceptance shall not be unreasonably withheld,any and all of Lessor's interest an( rights in the Equipment and under this Lease may be assigned,pledged,or otherwise disposed of.Each assignee shall be entitled to exercise al U) rights and remedies of Lessor with respect to any and all obligations assigned to such assignee,and all references herein to"Lessor"shall include J Lessor's assignee,except that said assignee shall not be chargeable with any obligations or liabilities of Lessor hereunder.Lessee will not asser against Lessor's assignee any defense, counterclaim or setoff on account of breach of warranty or otherwise in any action for payment or fo = 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 retun j,i 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 safet c equipment must be in place and meet applicable federal,state and other governmental standards;All covers and guards must be in place with nc m sheet metal, plastic or cowling damage; All parts, pieces, components and optional equipment must be present, installed and operational; A] 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' d 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;Al Q Equipment shall have serviceable tires, with 50%remaining tread,retaining proper air pressure, and without repair patches;All oil and grease N seals must contain lubrication in the manufacturer's designed reservoir;All Equipment must have a relatively clean appearance;All Equipmen M must be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance detailed it t Equipment operation/maintenance manuals; All Equipment shall be free from structural damage or bent frames;Any usage or metering device V must not have been altered in any way;All Equipment attachments,if any,must be in good operating condition;All hydraulic cylinders must no G 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 batter c water levels;and(iii)each golf car must include operable battery chargers.Additionally, all Equipment must be able to complete the followin] (D tests: operate normally in forward and reverse directions through all its speed ranges or gears, steer normally right and left in both forward an( 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 an( > 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 fort] 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 an, 00 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 thi --c 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 fo the remaining term of this Lease,discounted from their respective due dates at the rate of 3%per annum,plus(iii)the Equipment's"Anticipate( m Residual Value"as determined by Lessor's books as of the date of this Lease.Return Condition Standards applicable when the Equipment is Gol Cars. The Return Condition Standards for golf cars are as follows: (a) Equipment must start, stop, and turn properly; (b) Mechanically, al o Equipment must be in operable condition upon return and capable of being driven onto a transporter; (c) Cosmetically, all Equipment an( cc component parts are to be returned operable and complete according to the original state,reasonable wear and tear expected; (d)All equipmen Z shall have serviceable tires,with 50%remaining tread,retaining proper air pressure,and without repair patches; (e)All gauges will be operative o 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 Conditiol = 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 an( 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 soli _ 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 of z 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 o the Lease: (a) Lessee is a political subdivision of the state or commonwealth in which it is located and is organized and existing under thi N 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 it E obligations under the Lease and the acquisition and use of the Equipment;(c)the person(s)signing the Lease and any other documents require( m to be delivered in connection with the Lease(collectively,the"Documents")have the authority to do so,are acting with the full authorization o L Lessee's governing body,and hold the offices indicated below their signatures,each of which are genuine;(d)the Documents are and will remail Q valid, legal and binding Leases, and are and will remain enforceable against Lessee in accordance with their terms; and (e) the Equipment i d essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be use( 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 thi J date each item of Equipment becomes subject to the Lease and any applicable schedule,it has funds available to pay all Lease payments payable d thereunder until the end of Lessee's then current fiscal year and will request future appropriations sufficient to fulfill Lessee's obligations unde this Lease. 19.TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: To the extent permitted by applicable law,Lessee agrees to take al necessary and timely action during the Lease term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations unde the Lease (the "Obligations"), including, without limitation, providing for the Obligations in each budget submitted to obtain applicable s 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 payment: Q (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 liabilit Packet Pg. 62 Golf RentalAgreement_Muni ver.03.22.21 444464 12/17/2021 9:03 AM Page 3 of 5 5.B.e for future payments or the early termination charge under this Lease, if any, by giving at least 60 days' prior written notice of termma ion ("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 Equipmen subject to the terminated Lease in accordance with the return requirements set forth in this Lease, (ii) provide in the Termination Notice ; certification of a responsible official that a Non-Appropriation Event has occurred,(iii)deliver to Lessor,upon request by Lessor,an opinion o w Lessee's counsel(addressed to Lessor)verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and(iv d 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 validit c and enforceability of this Lease,as are reasonably necessary with respect to the transaction contemplated by this Lease. If Lessee is a"Registerec M Organization" (as such term is defined in the UCC), then Lessee will: (i) upon request of Lessor, provide copies of its applicable registerel c organization documents;and(ii)not change its legal name or its chief executive office or state of organization,without,in each case,giving Lesso E at least 30 days'prior written notice of any such event. d 21.EXCESS USAGE AND SUPPLEMENTAL RENTALS(APPLICABLE TO TURF CARE AND MAINTENANCE EQUIPMENT ONLY) L 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 excel Q 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 o N a particular item of Equipment shall be determined by the hour meter attached to said Equipment,provided that such meter remains operable an( M accurate.If any such hour meter becomes inoperable or inaccurate,Lessee shall immediately repair or replace same,and shall immediately notif, t 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 o V inaccurate.Lessee shall promptly furnish Lessor such information as Lessor may reasonably request from time to time in order to document the G 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 Maximun 0 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, a. c applicable. m 22.LESSEE WAIVERS: To the extent permitted by law,Lessee waives all rights and remedies against Lessor provided by Article 2A of the UCC d All other rights and remedies available at law are expressly reserved and shall remain available to Lessee. Lessor will not be liable for specify > performance of this Lease or for any losses,damages,delay,or failure to deliver the Equipment. R 23.GENERAL: This Lease may,in Lessor's sole discretion,be delivered and/or reproduced by facsimile,optical scanning or other electronic mean ("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 00 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 marke< 04 "Original."Each party's electronic signature on this Lease shall be unconditionally valid and legally enforceable, and each party agrees not tl --c contest the validity or enforceability of any electronic signature (or the authority of the electronic signer to sign). To the extent that this Leasi constitutes chattel paper(as that term is defined by the Uniform Commercial Code),a security or ownership interest intended to be created throng] m the transfer and possession of this Lease can be done only by the transfer of the "Original"bearing the original ink or electronic signature o Lessor;provided that,if the"Paper Out"process shall have occurred,or if there shall simultaneously exist both the"Paper Out"printed version O and an electronic version of this Lease,then the"Paper Out"printed version of such document bearing the legend"Original"applied by Lesso m shall constitute the sole chattel paper original and authoritative version. If Lessor permit Lessee to deliver this Lease or any related document ti Z Lessor via facsimile or other electronic means,Lessee shall deliver to Lessor,promptly on request,such document bearing Lessee's electronic or"we o ink"signature;provided that neither delivery nor failure to deliver the document bearing Lessee's electronic or"wet ink"signature shall limit or modi f = the representations and agreements set forth above.This Lease shall inure to the benefit of and is binding upon the parties and their heirs,persona representatives,successors,and assigns. This Lease represents the entire agreement between the parties,superseding all prior or contemporaneou negotiations,discussions,understandings,or agreements pertaining to the subject matter hereof. This Lease shall not be modified without botl = parties' written consent. If any provision of this Lease is deemed unenforceable, then such provision shall be deemed deleted and all othe z 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 o transmission),or deposited in the United States mails,certified or registered mail,addressed to recipient at its address set forth above or such othe 3 address as may be substituted therefor by notice given pursuant to the terms hereof.Lessee hereby agrees that Lessor,including its vendors,service c providers,partners,affiliates successors and assigns,may contact Lessee at any telephone number provided to Lessor,by placing voice telephone d calls(including use of automatic telephone dialing systems or prerecorded voice messaging).Lessee authorizes,and represents that all Lessee': m principals have authorized, Lessor to obtain such credit bureau reports and make such other credit inquiries with respect to Lessee and sucl L principals as Lessor deems appropriate throughout the term of this Lease. On written request,Lessor will identify any reporting agency used fo Q such a report. Lessee agrees that Lessor may receive from and disclose to other persons, including credit reporting agencies and respective d equipment vendors and suppliers, information about Lessee's accounts and credit experience.Lessee hereby authorizes any person to release tc Lessor credit experience and account information relating to Lessee.Lessee shall execute and deliver to Lessor such other documents and provide J such information,including information identifying the owners of Lessee and its affiliates and their respective ownership interests,as Lessor ma, reasonably deem necessary to comply with laws or regulations applicable to Lessor or Lessee,including laws and regulations requiring Lessor tt 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 federa 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 shal not be deemed terminated until Lessee has fulfilled all obligations herein.Time is of the essence for all purposes of this Lease. s v c� ADDITIONAL TERMS AND CONDITIONS Q Lessee acknowledges having read the terms and conditions printed above,and unconditionally agrees to same. Lessee requests that Lessor countersig this Lease and requests and hereby authorizes Lessor to pay the Equipment vendor/manufacturer. Packet Pg. 63 Golf RentalAgreement_Muni ver.03.22.21 444464 12/17/2021 9:03 AM Page 4 of 5 IN I Huntington AGREEMENTe (EQUIPMENT RENTAL ov This"Lease":Lease Agreement Number 008-0742593-101 Dated June 9,2021 "Lessee" J City of Kent,Washington,220 Fourth Ave.S,Kent,WA 98032 Fax: E-mail: E "Lessor" R The Huntington National Bank,1405 Xenium Lane North PCC180 ,Plymouth,MN 55441 5 Fax:319-833-4577 E-mail:customerserAce financediv.com u_ c cv Number of Rental Payments Rental Payments Advances E to ov During a 48 month term that shall be based on the 48 date Lessor pays the Equipment supplier,a Q monthly payment of$4,392.36(the"Standard Payment")is due beginning March,2022 and each March,April,May,June,July,August, September V and October thereafter until a total of 32 Standard Payments have been made. A payment of$0.00 is 6 due each November,December,January and First:$0.00 February for a total of 16$0 Payment Months. Last:$0.00 ov The Total Number of Rental Payments includes Total:$0.00 both the Standard Payment Months and the$0 Payment Months. The first due date for a W "Standard Payment"will be determined by Lessor once it pays the Equipment supplier and the Lessee 00 has provided a written acknowledgement of its acceptance of the Equipment. 00 (Plus any applicable taxes c EQUIPMENT LOCATION&DESCRIPTION: MAXIMUM HOURS: o 2019 W Meeker St,Kent,WA 98032: z (36)2022 E-Z-GO RXV Gas Golf Cars together with all attachments and accessories N/A r_ thereto a� c TERMS AND CONDITIONS--READ CAREFULLY BEFORE SIGNING c 1. RENTAL: Lessor rents to Lessee and Lessee rents from Lessor the equipment,furniture,fixtures,machinery,inventory,goods and software,a _ such terms are defined under the Uniform Commercial Code("UCC"),described above and in any schedule made a part hereof,together with al oa 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 thi '3 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. _ tv 2. PAYMENTS: Other than as set forth in a rider hereto,rental payments are due monthly,beginning the date designated by Lessor and continuing E 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 deliver Q and acceptance certificate to Lessor signed by an authorized representative of Lessee. Lessee represents that any agent of Lessee who verifie N delivery and acceptance of the Equipment by signing a writing acknowledging delivery and acceptance has actual authority to do so. Upon thi m parties'mutual acceptance of this Lease,THIS LEASE SHALL BE NON-CANCELABLE,and Lessee's obligations hereunder shall not abate to any reason other than as provided for in this Lease. L 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 UNDEI THIS LEASE SHALL NOT IN ANY WAY IMPACT OR AFFECT ANY WARRANTIES,EXPRESS OR IMPLIED,BETWEEN LESSEE ANI THE EQUIPMENT SUPPLIER OR VENDOR.LESSEE AGREES THAT LESSOR IS NOT THE MANUFACTURER OR SUPPLIER OF THI E EQUIPMENT. LESSEE HAS SELECTED THE EQUIPMENT BASED UPON ITS OWN JUDGMENT AND ACKNOWLEDGES THA' v LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, DIRECT Of INDIRECT,EXPRESS OR IMPLIED,AS TO THE SUITABILITY,DURABILITY,DESIGN,OPERATION OR CONDITION OF THI Q 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. Packet Pg. 64 Golf RentalAgreement_Muni ver.03.22.21 444468 12/17/2021 9:00 AM 5.B.e 5. GOVERNING LAW; VENUE OF LITIGATION: THIS LEASE, AND ALL MATTERS ARISING FROM THIS , 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 MA) ENFORCE THIS LEASE IN ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON HAVINC 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; 0) security interest in all Equipment financed by or rented from Lessor,of any kind or nature whatsoever,wherever located,whether now owned o = v hereafter acquired,and all returns,repossessions,substitutions,replacement parts,accessories,and accessions thereto and thereof,and all proceed thereof,to secure all present and future obligations of Lessee to Lessor,of every type and description and howsoever evidenced.This Lease shal c be construed so that interest,the applicable interest rate and other charges shall not exceed that allowed by applicable law,and any payment tha U- 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 othe document(s)showing the interest of Lessor,including but not limited to UCC financing statements,to be authenticated and filed or recorded. Il addition, Lessee appoints Lessor, its successors and assigns, as Lessee's attorney-in-fact (1)to arrange for property damage coverage under; E 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 thl y 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/o tm application of proceeds from any policy of insurance,and(3)to receive payments and execute and endorse all documents,checks,drafts,or othe Q instruments necessary or advisable to secure payments due under any policy of insurance. These appointments and authorizations shall bi m continuous. Nothing in this paragraph shall relieve Lessee of its duty to procure required insurance, to make timely insurance claims, and t( 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 bi unconditionally obligated to pay all payments and other amounts due hereunder no matter what happens, even if the Equipment is damaged o p 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 suppor 0 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 4) Lessee shall maintain the Equipment in good repair and working order at Lessee's sole expense. m 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 timl thereafter may be imposed.If Lessor pays any of the above for Lessee,Lessee agrees to reimburse Lessor on demand,plus interest. Lessor shal 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 t( N indemnify Lessor with respect to all claims for losses imposed on,incurred by,or asserted against Lessor,including attorneys'fees and expense plus interest, where such claims arise or are caused by Lessee's negligence, and Lessee agrees to obtain indemnification from the Equipmen c supplier to indemnify Lessor for claims related to the Equipment that are not attributable to the Lessee's negligence. Further, Lessee shall, i m requested by Lessor, defend Lessor against any claims for losses or injuries caused by the Lessee's negligent performance of this Lease. Thi provision shall survive the cancellation,termination or expiration of this Lease. c 12.INSURANCE: Lessee shall keep the Equipment insured against loss for not less than its replacement cost or such greater amount as may bi prescribed by any applicable state law specifying minimum insurance requirements,and shall carry public liability insurance,both personal injur Z and property damage. Lessee shall name Lessor as an additional insured and as loss payee. If Lessee fails to procure insurance,Lessor may obtaii r- same and pay the amount due thereon as provided for under Section 7 of this Lease and Lessee shall reimburse Lessor upon demand and, i 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 rats 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 pa, _ Lessor the remaining balance and any other amounts payable hereunder. y 13.LATE CHARGES: If Lessee is delinquent in paying any sum due,Lessee shall pay a charge to offset collection expenses on such delinquen 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 t than allowed by applicable law.In addition,Lessor will impose a surcharge of up to$30 or the maximum allowed under applicable law for an, 3 dishonored payment. rn 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 othe c term of this Lease; (3)Lessee encumbers or disposes of the Equipment without Lessor's written consent; (4)The filing by or against Lessee o E any guarantor of Lessee's obligations to Lessor ("Guarantor") of a petition under the Bankruptcy Code or any other insolvency law; (5) The m voluntary or involuntary commencement of any formal or informal proceeding for dissolution,liquidation,settlement of claims against or windinj 2 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 o Q warranty made by Lessee or a Guarantor in connection herewith proves to have been materially misleading; (7)Lessee is in default under an, N other contract or agreement with Lessor;(8)any Guarantor repudiates or attempts to revoke any guaranty of Lessee's obligations to Lessor relate( to this Lease. J 15.REMEDIES: Upon an occurrence of default,Lessor may exercise one or more of the following remedies: (1)Declare due,sue for,and receive d 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 an, other agreement between Lessee and Lessor;(4)Charge Lessee interest on all monies due hereunder from and after the date of default at the rat, 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 fo any other amounts provided for in this Lease. In addition,Lessor may use any other remedies available to it under applicable law.These remedie v 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 o 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 t( Q all of Lessor's other rights and remedies, Lessee agrees to pay Lessor all costs and expenses, including attorneys' fees, incurred by Lessor ii Packet Pg. 65 Golf RentalAgreement_Muni ver.03.22.21 444468 12/17/2021 9:00 AM Page 2 of 5 5.B.e exercising or attempting to exercise any of its rights or remedies. If appropriate in the circumstances,remedies will include those availaDle un er 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 securit, interest thereon.Upon notice and acceptance by Lessee,which acceptance shall not be unreasonably withheld,any and all of Lessor's interest an( rights in the Equipment and under this Lease may be assigned,pledged,or otherwise disposed of.Each assignee shall be entitled to exercise al U) rights and remedies of Lessor with respect to any and all obligations assigned to such assignee,and all references herein to"Lessor"shall include J Lessor's assignee,except that said assignee shall not be chargeable with any obligations or liabilities of Lessor hereunder.Lessee will not asser against Lessor's assignee any defense, counterclaim or setoff on account of breach of warranty or otherwise in any action for payment or fo = 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 retun j,i 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 safet c equipment must be in place and meet applicable federal,state and other governmental standards;All covers and guards must be in place with nc m sheet metal, plastic or cowling damage; All parts, pieces, components and optional equipment must be present, installed and operational; A] 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' d 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;Al Q Equipment shall have serviceable tires, with 50%remaining tread,retaining proper air pressure, and without repair patches;All oil and grease N seals must contain lubrication in the manufacturer's designed reservoir;All Equipment must have a relatively clean appearance;All Equipmen M must be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance detailed it t Equipment operation/maintenance manuals; All Equipment shall be free from structural damage or bent frames;Any usage or metering device V must not have been altered in any way;All Equipment attachments,if any,must be in good operating condition;All hydraulic cylinders must no G 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 batter c water levels;and(iii)each golf car must include operable battery chargers.Additionally, all Equipment must be able to complete the followin] (D tests: operate normally in forward and reverse directions through all its speed ranges or gears, steer normally right and left in both forward an( 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 an( > 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 fort] 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 an, 00 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 thi --c 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 fo the remaining term of this Lease,discounted from their respective due dates at the rate of 3%per annum,plus(iii)the Equipment's"Anticipate( m Residual Value"as determined by Lessor's books as of the date of this Lease.Return Condition Standards applicable when the Equipment is Gol Cars. The Return Condition Standards for golf cars are as follows: (a) Equipment must start, stop, and turn properly; (b) Mechanically, al o Equipment must be in operable condition upon return and capable of being driven onto a transporter; (c) Cosmetically, all Equipment an( cc component parts are to be returned operable and complete according to the original state,reasonable wear and tear expected; (d)All equipmen Z shall have serviceable tires,with 50%remaining tread,retaining proper air pressure,and without repair patches; (e)All gauges will be operative o 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 Conditiol = 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 an( 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 soli _ 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 of z 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 o the Lease: (a) Lessee is a political subdivision of the state or commonwealth in which it is located and is organized and existing under thi N 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 it E obligations under the Lease and the acquisition and use of the Equipment;(c)the person(s)signing the Lease and any other documents require( m to be delivered in connection with the Lease(collectively,the"Documents")have the authority to do so,are acting with the full authorization o L Lessee's governing body,and hold the offices indicated below their signatures,each of which are genuine;(d)the Documents are and will remail Q valid, legal and binding Leases, and are and will remain enforceable against Lessee in accordance with their terms; and (e) the Equipment i d essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be use( 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 thi J date each item of Equipment becomes subject to the Lease and any applicable schedule,it has funds available to pay all Lease payments payable d thereunder until the end of Lessee's then current fiscal year and will request future appropriations sufficient to fulfill Lessee's obligations unde this Lease. 19.TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: To the extent permitted by applicable law,Lessee agrees to take al necessary and timely action during the Lease term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations unde the Lease (the "Obligations"), including, without limitation, providing for the Obligations in each budget submitted to obtain applicable s 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 payment: Q (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 liabilit Packet Pg. 66 Golf RentalAgreement_Muni ver.03.22.21 444468 12/17/2021 9:00 AM Page 3 of 5 5.B.e for future payments or the early termination charge under this Lease, if any, by giving at least 60 days' prior written notice of termma ion ("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 Equipmen subject to the terminated Lease in accordance with the return requirements set forth in this Lease, (ii) provide in the Termination Notice ; certification of a responsible official that a Non-Appropriation Event has occurred,(iii)deliver to Lessor,upon request by Lessor,an opinion o w Lessee's counsel(addressed to Lessor)verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and(iv d 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 validit c and enforceability of this Lease,as are reasonably necessary with respect to the transaction contemplated by this Lease. If Lessee is a"Registerec M Organization" (as such term is defined in the UCC), then Lessee will: (i) upon request of Lessor, provide copies of its applicable registerel c organization documents;and(ii)not change its legal name or its chief executive office or state of organization,without,in each case,giving Lesso E at least 30 days'prior written notice of any such event. d 21.EXCESS USAGE AND SUPPLEMENTAL RENTALS(APPLICABLE TO TURF CARE AND MAINTENANCE EQUIPMENT ONLY) L 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 excel Q 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 o N a particular item of Equipment shall be determined by the hour meter attached to said Equipment,provided that such meter remains operable an( M accurate.If any such hour meter becomes inoperable or inaccurate,Lessee shall immediately repair or replace same,and shall immediately notif, t 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 o V inaccurate.Lessee shall promptly furnish Lessor such information as Lessor may reasonably request from time to time in order to document the G 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 Maximun 0 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, a. c applicable. m 22.LESSEE WAIVERS: To the extent permitted by law,Lessee waives all rights and remedies against Lessor provided by Article 2A of the UCC d All other rights and remedies available at law are expressly reserved and shall remain available to Lessee. Lessor will not be liable for specify > performance of this Lease or for any losses,damages,delay,or failure to deliver the Equipment. R 23.GENERAL: This Lease may,in Lessor's sole discretion,be delivered and/or reproduced by facsimile,optical scanning or other electronic mean ("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 00 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 marke< 04 "Original."Each party's electronic signature on this Lease shall be unconditionally valid and legally enforceable, and each party agrees not tl --c contest the validity or enforceability of any electronic signature (or the authority of the electronic signer to sign). To the extent that this Leasi constitutes chattel paper(as that term is defined by the Uniform Commercial Code),a security or ownership interest intended to be created throng] m the transfer and possession of this Lease can be done only by the transfer of the "Original"bearing the original ink or electronic signature o Lessor;provided that,if the"Paper Out"process shall have occurred,or if there shall simultaneously exist both the"Paper Out"printed version O and an electronic version of this Lease,then the"Paper Out"printed version of such document bearing the legend"Original"applied by Lesso m shall constitute the sole chattel paper original and authoritative version. If Lessor permit Lessee to deliver this Lease or any related document ti Z Lessor via facsimile or other electronic means,Lessee shall deliver to Lessor,promptly on request,such document bearing Lessee's electronic or"we o ink"signature;provided that neither delivery nor failure to deliver the document bearing Lessee's electronic or"wet ink"signature shall limit or modi f = the representations and agreements set forth above.This Lease shall inure to the benefit of and is binding upon the parties and their heirs,persona representatives,successors,and assigns. This Lease represents the entire agreement between the parties,superseding all prior or contemporaneou negotiations,discussions,understandings,or agreements pertaining to the subject matter hereof. This Lease shall not be modified without botl = parties' written consent. If any provision of this Lease is deemed unenforceable, then such provision shall be deemed deleted and all othe z 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 o transmission),or deposited in the United States mails,certified or registered mail,addressed to recipient at its address set forth above or such othe 3 address as may be substituted therefor by notice given pursuant to the terms hereof.Lessee hereby agrees that Lessor,including its vendors,service c providers,partners,affiliates successors and assigns,may contact Lessee at any telephone number provided to Lessor,by placing voice telephone d calls(including use of automatic telephone dialing systems or prerecorded voice messaging).Lessee authorizes,and represents that all Lessee': m principals have authorized, Lessor to obtain such credit bureau reports and make such other credit inquiries with respect to Lessee and sucl L principals as Lessor deems appropriate throughout the term of this Lease. On written request,Lessor will identify any reporting agency used fo Q such a report. Lessee agrees that Lessor may receive from and disclose to other persons, including credit reporting agencies and respective d equipment vendors and suppliers, information about Lessee's accounts and credit experience.Lessee hereby authorizes any person to release tc Lessor credit experience and account information relating to Lessee.Lessee shall execute and deliver to Lessor such other documents and provide J such information,including information identifying the owners of Lessee and its affiliates and their respective ownership interests,as Lessor ma, reasonably deem necessary to comply with laws or regulations applicable to Lessor or Lessee,including laws and regulations requiring Lessor tt 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 federa 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 shal not be deemed terminated until Lessee has fulfilled all obligations herein.Time is of the essence for all purposes of this Lease. s v c� ADDITIONAL TERMS AND CONDITIONS Q Lessee acknowledges having read the terms and conditions printed above,and unconditionally agrees to same. Lessee requests that Lessor countersig this Lease and requests and hereby authorizes Lessor to pay the Equipment vendor/manufacturer. Packet Pg. 67 Golf RentalAgreement_Muni ver.03.22.21 444468 12/17/2021 9:00 AM Page 4 of 5 5.B.e Lessor: The Huntington National Bank By: Title: Lessee: City of Kent,Washington By: Dana Ralph,Mayor m THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR cNo m J C C R C LL C cC C N E d d L a V 'O V L d LPL M 00 N Y C m C O r m Z C O r� C r C 7 2 d z H t 3 c m E m m L a d N O J N d L Cd G V a Golf RentalAgreement_Muni ver.03.22.21 444468 12/17/2021 9:00 AM Page 5 of 5 Packet Pg. 68 5.B.e Lessor: The Huntington National Bank By: Title: Lessee: City of Kent,Washington By: Dana Ralph,Mayor m THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR cNo m J C C R C LL C cC C N E d d L a V 'O V L d LPL M 00 N Y C m C O r m Z C O r� C r C 7 2 d z H t 3 c m E m m L a d N O J N d L Cd G V a Golf RentalAgreement_Muni ver.03.22.21 444464 12/17/2021 9:03 AM Page 5 of 5 Packet Pg. 69 IN I Huntington AGREEMENTe (EQUIPMENT RENTAL ov This"Lease":Lease Agreement Number 008-0742593-102 Dated April 16,2021 "Lessee" J City of Kent,Washington,220 Fourth Ave.S,Kent,WA 98032 Fax: E-mail: E "Lessor" R The Huntington National Bank,1405 Xenium Lane North PCC180 ,Plymouth,MN 55441 5 Fax:319-833-4577 E-mail:customerserAce financediv.com u_ c cv Number of Rental Payments Rental Payments Advances E to ov During a 48 month term that shall be based on the 48 date Lessor pays the Equipment Supplier,a Q monthly payment of$824.41 (the"Standard Payment")is due beginning March,2022 and each March,April,May,June,July,August, September V and October thereafter until a total of 32 Standard Payments have been made. A payment of$0.00 is 6 due each November,December,January and First:$0.00 February for a total of 16$0 Payment Months. Last:$0.00 ov The Total Number of Rental Payments includes Total:$0.00 both the Standard Payment Months and the$0 Payment Months. The first due date for a W "Standard Payment"will be determined by Lessor once it pays the Equipment supplier and the Lessee 00 has provided a written acknowledgement of its acceptance of the Equipment. 00 (Plus any applicable taxes c EQUIPMENT LOCATION&DESCRIPTION: MAXIMUM HOURS: o 2019 W Meeker St,Kent,WA 98032: z (3)2022 Cushman Hauler 1200 Gas together with all attachments and accessories N/A r_ thereto a� c TERMS AND CONDITIONS--READ CAREFULLY BEFORE SIGNING c 1. RENTAL: Lessor rents to Lessee and Lessee rents from Lessor the equipment,furniture,fixtures,machinery,inventory,goods and software,a _ such terms are defined under the Uniform Commercial Code("UCC"),described above and in any schedule made a part hereof,together with al oa 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 thi UCC. Pursuant to Article 2A, Lessee is entitled to the promises and warranties, including those of any third party,provided to Lessor by thi '3 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. _ tv 2. PAYMENTS: Other than as set forth in a rider hereto,rental payments are due monthly,beginning the date designated by Lessor and continuing E 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 deliver Q and acceptance certificate to Lessor signed by an authorized representative of Lessee. Lessee represents that any agent of Lessee who verifie N delivery and acceptance of the Equipment by signing a writing acknowledging delivery and acceptance has actual authority to do so. Upon thi m parties'mutual acceptance of this Lease,THIS LEASE SHALL BE NON-CANCELABLE,and Lessee's obligations hereunder shall not abate to any reason other than as provided for in this Lease. L 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 UNDEI THIS LEASE SHALL NOT IN ANY WAY IMPACT OR AFFECT ANY WARRANTIES,EXPRESS OR IMPLIED,BETWEEN LESSEE ANI THE EQUIPMENT SUPPLIER OR VENDOR.LESSEE AGREES THAT LESSOR IS NOT THE MANUFACTURER OR SUPPLIER OF THI E EQUIPMENT. LESSEE HAS SELECTED THE EQUIPMENT BASED UPON ITS OWN JUDGMENT AND ACKNOWLEDGES THA' v LESSOR HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, DIRECT Of INDIRECT,EXPRESS OR IMPLIED,AS TO THE SUITABILITY,DURABILITY,DESIGN,OPERATION OR CONDITION OF THI Q 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. Packet Pg. 70 Golf RentalAgreement_Muni ver.03.22.21 444469 12/17/2021 9:03 AM 5.B.e 5. GOVERNING LAW; VENUE OF LITIGATION: THIS LEASE, AND ALL MATTERS ARISING FROM THIS , 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 MA) ENFORCE THIS LEASE IN ANY STATE OR FEDERAL COURT LOCATED IN THE STATE OF WASHINGTON HAVINC 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; 0) security interest in all Equipment financed by or rented from Lessor,of any kind or nature whatsoever,wherever located,whether now owned o = v hereafter acquired,and all returns,repossessions,substitutions,replacement parts,accessories,and accessions thereto and thereof,and all proceed thereof,to secure all present and future obligations of Lessee to Lessor,of every type and description and howsoever evidenced.This Lease shal c be construed so that interest,the applicable interest rate and other charges shall not exceed that allowed by applicable law,and any payment tha U- 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 othe document(s)showing the interest of Lessor,including but not limited to UCC financing statements,to be authenticated and filed or recorded. I1 addition, Lessee appoints Lessor, its successors and assigns, as Lessee's attorney-in-fact (1)to arrange for property damage coverage under; E 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 thl y 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/o tm application of proceeds from any policy of insurance,and(3)to receive payments and execute and endorse all documents,checks,drafts,or othe Q instruments necessary or advisable to secure payments due under any policy of insurance. These appointments and authorizations shall bi m continuous. Nothing in this paragraph shall relieve Lessee of its duty to procure required insurance, to make timely insurance claims, and t( 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 bi unconditionally obligated to pay all payments and other amounts due hereunder no matter what happens, even if the Equipment is damaged o p 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 suppor 0 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 4) Lessee shall maintain the Equipment in good repair and working order at Lessee's sole expense. m 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 timl thereafter may be imposed.If Lessor pays any of the above for Lessee,Lessee agrees to reimburse Lessor on demand,plus interest. Lessor shal 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 t( N indemnify Lessor with respect to all claims for losses imposed on,incurred by,or asserted against Lessor,including attorneys'fees and expense plus interest, where such claims arise or are caused by Lessee's negligence, and Lessee agrees to obtain indemnification from the Equipmen supplier to indemnify Lessor for claims related to the Equipment that are not attributable to the Lessee's negligence. Further, Lessee shall, i m requested by Lessor, defend Lessor against any claims for losses or injuries caused by the Lessee's negligent performance of this Lease. Thi provision shall survive the cancellation,termination or expiration of this Lease. c 12.INSURANCE: Lessee shall keep the Equipment insured against loss for not less than its replacement cost or such greater amount as may bi prescribed by any applicable state law specifying minimum insurance requirements,and shall carry public liability insurance,both personal injur Z and property damage. Lessee shall name Lessor as an additional insured and as loss payee. If Lessee fails to procure insurance,Lessor may obtaii r- same and pay the amount due thereon as provided for under Section 7 of this Lease and Lessee shall reimburse Lessor upon demand and, i 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 rats 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 pa, _ Lessor the remaining balance and any other amounts payable hereunder. y 13.LATE CHARGES: If Lessee is delinquent in paying any sum due,Lessee shall pay a charge to offset collection expenses on such delinquen 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 t than allowed by applicable law.In addition,Lessor will impose a surcharge of up to$30 or the maximum allowed under applicable law for an, 3 dishonored payment. rn 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 othe c term of this Lease; (3)Lessee encumbers or disposes of the Equipment without Lessor's written consent; (4)The filing by or against Lessee o E any guarantor of Lessee's obligations to Lessor ("Guarantor") of a petition under the Bankruptcy Code or any other insolvency law; (5) The m voluntary or involuntary commencement of any formal or informal proceeding for dissolution,liquidation,settlement of claims against or windinj 2 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 o Q warranty made by Lessee or a Guarantor in connection herewith proves to have been materially misleading; (7)Lessee is in default under an, N other contract or agreement with Lessor;(8)any Guarantor repudiates or attempts to revoke any guaranty of Lessee's obligations to Lessor relate( to this Lease. J 15.REMEDIES: Upon an occurrence of default,Lessor may exercise one or more of the following remedies: (1)Declare due,sue for,and receive d 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 an, other agreement between Lessee and Lessor;(4)Charge Lessee interest on all monies due hereunder from and after the date of default at the rat, 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 fo any other amounts provided for in this Lease. In addition,Lessor may use any other remedies available to it under applicable law.These remedie v 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 o 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 t( Q all of Lessor's other rights and remedies, Lessee agrees to pay Lessor all costs and expenses, including attorneys' fees, incurred by Lessor ii Packet Pg. 71 Golf RentalAgreement_Muni ver.03.22.21 444469 12/17/2021 9:03 AM Page 2 of 5 5.B.e exercising or attempting to exercise any of its rights or remedies. If appropriate in the circumstances,remedies will include those availaDle un er 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 securit, interest thereon.Upon notice and acceptance by Lessee,which acceptance shall not be unreasonably withheld,any and all of Lessor's interest an( rights in the Equipment and under this Lease may be assigned,pledged,or otherwise disposed of.Each assignee shall be entitled to exercise al U) rights and remedies of Lessor with respect to any and all obligations assigned to such assignee,and all references herein to"Lessor"shall include J Lessor's assignee,except that said assignee shall not be chargeable with any obligations or liabilities of Lessor hereunder.Lessee will not asser against Lessor's assignee any defense, counterclaim or setoff on account of breach of warranty or otherwise in any action for payment or fo = 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 retun j,i 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 safet c equipment must be in place and meet applicable federal,state and other governmental standards;All covers and guards must be in place with nc m sheet metal, plastic or cowling damage; All parts, pieces, components and optional equipment must be present, installed and operational; A] 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' d 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;Al Q Equipment shall have serviceable tires, with 50%remaining tread,retaining proper air pressure, and without repair patches;All oil and grease N seals must contain lubrication in the manufacturer's designed reservoir;All Equipment must have a relatively clean appearance;All Equipmen M must be free from excessive wear necessitating major component repair or replacement caused by lack of recommended maintenance detailed it t Equipment operation/maintenance manuals; All Equipment shall be free from structural damage or bent frames;Any usage or metering device V must not have been altered in any way;All Equipment attachments,if any,must be in good operating condition;All hydraulic cylinders must no G 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 batter c water levels;and(iii)each golf car must include operable battery chargers.Additionally, all Equipment must be able to complete the followin] (D tests: operate normally in forward and reverse directions through all its speed ranges or gears, steer normally right and left in both forward an( 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 an( > 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 fort] 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 an, 00 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 thi --c 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 fo the remaining term of this Lease,discounted from their respective due dates at the rate of 3%per annum,plus(iii)the Equipment's"Anticipate( m Residual Value"as determined by Lessor's books as of the date of this Lease.Return Condition Standards applicable when the Equipment is Gol Cars. The Return Condition Standards for golf cars are as follows: (a) Equipment must start, stop, and turn properly; (b) Mechanically, al o Equipment must be in operable condition upon return and capable of being driven onto a transporter; (c) Cosmetically, all Equipment an( cc component parts are to be returned operable and complete according to the original state,reasonable wear and tear expected; (d)All equipmen Z shall have serviceable tires,with 50%remaining tread,retaining proper air pressure,and without repair patches; (e)All gauges will be operative o 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 Conditiol = 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 an( 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 soli _ 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 of z 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 o the Lease: (a) Lessee is a political subdivision of the state or commonwealth in which it is located and is organized and existing under thi N 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 it E obligations under the Lease and the acquisition and use of the Equipment;(c)the person(s)signing the Lease and any other documents require( m to be delivered in connection with the Lease(collectively,the"Documents")have the authority to do so,are acting with the full authorization o L Lessee's governing body,and hold the offices indicated below their signatures,each of which are genuine;(d)the Documents are and will remail Q valid, legal and binding Leases, and are and will remain enforceable against Lessee in accordance with their terms; and (e) the Equipment i d essential to the immediate performance of a governmental or proprietary function by Lessee within the scope of its authority and will be use( 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 thi J date each item of Equipment becomes subject to the Lease and any applicable schedule,it has funds available to pay all Lease payments payable d thereunder until the end of Lessee's then current fiscal year and will request future appropriations sufficient to fulfill Lessee's obligations unde this Lease. 19.TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS: To the extent permitted by applicable law,Lessee agrees to take al necessary and timely action during the Lease term to obtain and maintain funds appropriations sufficient to satisfy its payment obligations unde the Lease (the "Obligations"), including, without limitation, providing for the Obligations in each budget submitted to obtain applicable s 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 payment: Q (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 liabilit Packet Pg. 72 Golf RentalAgreement_Muni ver.03.22.21 444469 12/17/2021 9:03 AM Page 3 of 5 5.B.e for future payments or the early termination charge under this Lease, if any, by giving at least 60 days' prior written notice of termma ion ("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 Equipmen subject to the terminated Lease in accordance with the return requirements set forth in this Lease, (ii) provide in the Termination Notice ; certification of a responsible official that a Non-Appropriation Event has occurred,(iii)deliver to Lessor,upon request by Lessor,an opinion o w Lessee's counsel(addressed to Lessor)verifying that the Non-Appropriation Event as set forth in the Termination Notice has occurred, and(iv d 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 validit c and enforceability of this Lease,as are reasonably necessary with respect to the transaction contemplated by this Lease. If Lessee is a"Registerec M Organization" (as such term is defined in the UCC), then Lessee will: (i) upon request of Lessor, provide copies of its applicable registerel c organization documents;and(ii)not change its legal name or its chief executive office or state of organization,without,in each case,giving Lesso E at least 30 days'prior written notice of any such event. d 21.EXCESS USAGE AND SUPPLEMENTAL RENTALS(APPLICABLE TO TURF CARE AND MAINTENANCE EQUIPMENT ONLY) L 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 excel Q 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 o N a particular item of Equipment shall be determined by the hour meter attached to said Equipment,provided that such meter remains operable an( M accurate.If any such hour meter becomes inoperable or inaccurate,Lessee shall immediately repair or replace same,and shall immediately notif, t 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 o V inaccurate.Lessee shall promptly furnish Lessor such information as Lessor may reasonably request from time to time in order to document the G 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 Maximun 0 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, a. c applicable. m 22.LESSEE WAIVERS: To the extent permitted by law,Lessee waives all rights and remedies against Lessor provided by Article 2A of the UCC d All other rights and remedies available at law are expressly reserved and shall remain available to Lessee. Lessor will not be liable for specify > performance of this Lease or for any losses,damages,delay,or failure to deliver the Equipment. R 23.GENERAL: This Lease may,in Lessor's sole discretion,be delivered and/or reproduced by facsimile,optical scanning or other electronic mean ("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 00 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 marke< 04 "Original."Each party's electronic signature on this Lease shall be unconditionally valid and legally enforceable, and each party agrees not tl --c contest the validity or enforceability of any electronic signature (or the authority of the electronic signer to sign). To the extent that this Leasi constitutes chattel paper(as that term is defined by the Uniform Commercial Code),a security or ownership interest intended to be created throng] m the transfer and possession of this Lease can be done only by the transfer of the "Original"bearing the original ink or electronic signature o Lessor;provided that,if the"Paper Out"process shall have occurred,or if there shall simultaneously exist both the"Paper Out"printed version O and an electronic version of this Lease,then the"Paper Out"printed version of such document bearing the legend"Original"applied by Lesso m shall constitute the sole chattel paper original and authoritative version. If Lessor permit Lessee to deliver this Lease or any related document ti Z Lessor via facsimile or other electronic means,Lessee shall deliver to Lessor,promptly on request,such document bearing Lessee's electronic or"we o ink"signature;provided that neither delivery nor failure to deliver the document bearing Lessee's electronic or"wet ink"signature shall limit or modi f = the representations and agreements set forth above.This Lease shall inure to the benefit of and is binding upon the parties and their heirs,persona representatives,successors,and assigns. This Lease represents the entire agreement between the parties,superseding all prior or contemporaneou negotiations,discussions,understandings,or agreements pertaining to the subject matter hereof. This Lease shall not be modified without botl = parties' written consent. If any provision of this Lease is deemed unenforceable, then such provision shall be deemed deleted and all othe z 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 o transmission),or deposited in the United States mails,certified or registered mail,addressed to recipient at its address set forth above or such othe 3 address as may be substituted therefor by notice given pursuant to the terms hereof.Lessee hereby agrees that Lessor,including its vendors,service c providers,partners,affiliates successors and assigns,may contact Lessee at any telephone number provided to Lessor,by placing voice telephone d calls(including use of automatic telephone dialing systems or prerecorded voice messaging).Lessee authorizes,and represents that all Lessee': m principals have authorized, Lessor to obtain such credit bureau reports and make such other credit inquiries with respect to Lessee and sucl L principals as Lessor deems appropriate throughout the term of this Lease. On written request,Lessor will identify any reporting agency used fo Q such a report. Lessee agrees that Lessor may receive from and disclose to other persons, including credit reporting agencies and respective d equipment vendors and suppliers, information about Lessee's accounts and credit experience.Lessee hereby authorizes any person to release tc Lessor credit experience and account information relating to Lessee.Lessee shall execute and deliver to Lessor such other documents and provide J such information,including information identifying the owners of Lessee and its affiliates and their respective ownership interests,as Lessor ma, reasonably deem necessary to comply with laws or regulations applicable to Lessor or Lessee,including laws and regulations requiring Lessor tt 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 federa 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 shal not be deemed terminated until Lessee has fulfilled all obligations herein.Time is of the essence for all purposes of this Lease. s v c� ADDITIONAL TERMS AND CONDITIONS Q Lessee acknowledges having read the terms and conditions printed above,and unconditionally agrees to same. Lessee requests that Lessor countersig this Lease and requests and hereby authorizes Lessor to pay the Equipment vendor/manufacturer. Packet Pg. 73 Golf RentalAgreement_Muni ver.03.22.21 444469 12/17/2021 9:03 AM Page 4 of 5 5.B.e Lessor: TCF National Bank By: Title: Lessee: City of Kent,Washington By: Dana Ralph,Mayor m THIS LEASE IS NOT BINDING UNTIL ACCEPTED BY LESSOR cNo m J C C R C LL C cC C N E d d L a V 'O V L d LPL M 00 N Y C m tC C O r m Z C O r� C r C 7 2 d z H t 3 c m E m m L a d N O J N d L Cd G V a Golf RentalAgreement_Muni ver.03.22.21 444469 12/17/2021 9:03 AM Page 5 of 5 Packet Pg. 74 5.0 PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 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. Packet Pg. 75 5.D PARKS AND HUMAN SERVICES COMMITTEE Julie Parascondola, CPRE Parks Director 220 Fourth Avenue South KENT Kent, WA 98032 WASHINGTON 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. Packet Pg. 76