HomeMy WebLinkAboutContract 47211-T1 CSC No. 47211-T1
TERMINATION OF CITY SECRETARY CONTRACT NO. 47211
A CONDITIONAL SALE AGREEMENT BETWEEN THE CITY OF FORT WORTH
AND YAMAHA MOTOR CORPORATION, U.S.A.
This TERMINATION OF CITY SECRETARY CONTRACT NUMBER 47211
("Termination") is made and entered into by and between the CITY OF FORT WORTH
("City"), a home-rule municipal corporation of the State of Texas, acting by and through its duly
authorized Assistant City Manager, and YAMAHA MOTOR CORPORATION, U.S.A.
("Seller"), a California corporation authorized to conduct business in the State of Texas, acting by
and through its duly authorized representative.
WHEREAS, the City and Seller entered into a conditional sale agreement for golf, utility
and beverage carts, City Secretary Contract Number 47211 ("Agreement");
WHEREAS, the City and Seller amended the Agreement to correct Equipment Schedule
No. 112599 (City Secretary Contract Number 47211-Al);
WHEREAS,the City and Seller amended the Agreement for the return and transfer of title
for 28 golf carts that are the subject of Equipment Schedule No. 112599 from the City to Seller
due to the closure of Sycamore Creek Golf Course,without default by the City,and Seller retaining
all prior payments made by the City for the use of the 28 golf carts (City Secretary Contract
Number 47211-A2);
WHEREAS,the City has paid Seller the final purchase price of$9,000.00 for the 3 YT2A
beverage carts, that are the subject of Equipment Schedule No. 112600 and City shall retain title
to the 3 carts and Seller shall remove any security interest Seller has in the 3 carts;
WHEREAS, City has made all monthly payments to Seller for the 7 YT2A golf utility
carts that are the subject of Equipment Schedule No. 112601, and City desires to retain title to the
7 carts and make the final purchase price payment in the amount of$12,600.00 to Seller;
WHEREAS, the City is required to continue to make monthly payments to Seller in the
amount of$8,082.12 for the remaining 188 golf carts in City's possession, with the payments due
on the 28th day of each month, and the last payment being due on October 28, 2020;
WHEREAS, after October 28, 2020, City owes Seller the final purchase price for the
remaining 188 golf carts;
WHEREAS,City and Seller desire for City to transfer title to 184 of the golf carts to Seller
without City paying the final purchase price;
WHEREAS, City will make a final purchase price payment to Seller in the amount of
$3,550.00 for 2 golf carts that were stolen from the City during the term of the Agreement;
WHEREAS, City will make a final purchase price payment to Seller in the amount of
$3,550.00 for 2 golf carts City desires to retain; and
OFFICIAL RECORD
Termination of CSC 47211 CITY SECRETARY page 1 of 5
FT. WORTH, TX
NOW, THEREFORE, the City and Seller agree as follows:
I.
The recitals above are true and correct and incorporated into and made part of this
Termination.
II.
Upon payment by City to Seller of the final purchase price in the amount of$12,600.00, as
set forth in Equipment Schedule No. 112601 of the Agreement,City shall retain title to the 7 YT2A
golf utility carts and all obligations of the City and Seller with regard to Equipment Schedule No.
112601 of the Agreement.
III.
After the final monthly payment on October 28, 2020 by City to Seller for the remaining 188
golf carts:
(a) City shall make a payment in the amount of$3,550.00 for the 2 golf carts that were stolen
from the City during the term of the Agreement, in full satisfaction of all of City's
responsibilities for the 2 golf carts;
(b) City shall make a payment in the amount of $3,550.00 for 2 golf carts, serial numbers
JW8606108 and JW8606101 that City desires to retain ownership of after termination of
the Agreement, said payment being in full satisfaction of all of City's responsibilities for
the 2 golf carts;
(c) City shall transfer title to the remaining 184 golf carts to Seller. City shall not be
responsible for paying Seller the final purchase price for the 184 golf carts. Seller will
obtain possession of 183 of the golf carts from the City on or after December 1, 2020, and
Seller shall be responsible for all costs of retaking possession and title to the 183 golf carts.
City agrees the golf cars will be intact and equipped as when purchased(normal wear and
tear excepted), free of all liens and encumbrances, and in good running order. Cars used
for purposes other than intended and understood, damage due to misuse, abuse, or
vandalism, and cars with missing equipment will be charged to the City accordingly. City
will not be charged for: (1) minor scratches and blemishes; (2) broken accessories
including, but not limited to, broken windshields, sand bottles, coolers, and information
binders; and(3) cracked seat in the driver's side corner due to normal wear and tear; and
(d) Due to a lawsuit by a third party against the City and Seller regarding 1 golf cart, serial
number JW8-606899, City shall continue to retain possession, but not title, to that 1 golf
cart until the conclusion of the lawsuit and any appeals, or as otherwise agreed by the City
and Seller.
Termination of CSC 47211 Page 2 of 5
IV.
Upon completion of the duties and responsibilities of City and Seller set forth in this
Termination, the Agreement shall be terminated with no default by City or Seller.
[SIGNATURES ON FOLLOWING PAGE]
Termination of CSC 47211 Page 3 of 5
IN WITNESS WHEREOF, the City and Seller have executed this Termination to be
effective on the dates listed herein.
CITY OF FORT WORTH YAMAHA MOTOR CORPORATION,
U.S.A.
By:Valerie Washington(Dec 3,202017:40 CST) By: Cale Tarver(Dec 3,202013:35 PST)
Valerie Washington Gale Tarver
Assistant City Manager Group Manager, Commercial Leasing
&Finance
Date:
Dec 3, 2020 Date: Dec 3, 2020
Recommended by:
Richard Zavala(Dec 3, 017:13 CST)
Richard Zavala, Director
Park&Recreation Department
Sandra You n o (Dec 3,202015:48 CST)
Sandra Youngblood, Assistant Director
Park&Recreation Department
APPROVED AS TO FORM AND LEGALITY:
s
Richard a.McCracken(Dec 3,202017:39 CST)
Richard A. McCracken
Sr. Assistant City Attorney
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OFFICIAL RECORD
M&C: N/A CITY SECRETARY
Form 1295: N/A FT. WORTH, TX
Termination of CSC 47211 Page 4 of 5
Contract Compliance Manager
By signing, I acknowledge that I am the person
responsible for the monitoring and administration
of this contract including ensuring all performance
and reporting requirements.
Maf thew Quinn
Matthew Quinn(Dec 3,202015:36 CST)
Matt Quinn, Management Analyst II
Park&Recreation Department
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Termination of CSC 47211 Page 5 of 5