HomeMy WebLinkAboutContract 47211 4 r417',
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ORT WORTH
ADDENDUM TO CONDITIONAL SALE AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
YAMAHA MOTOR CORPORATION, U.S.A.
This CONDITIONAL SALE AGREEMENT is entered into by and between Yamaha Motor
Corporation, U.S.A., ("Seller") and the City of Fort Worth ("Purchaser"), collectively the
"parties", for lease of golf, utility, and beverage carts ("equipment lease") utilizing Buyboard
Cooperative Contract No. 447-14.
The Contract documents shall include the following:
1. The Conditional Sale Agreement
2. This Addendum to the Conditional Sale Agreement
3. Equipment Schedule #112599
3. Equipment Schedule #112601
4. Equipment Schedule #112600
5, Buyboard Cooperative Contract No. 447-14
Notwithstanding any language to the contrary in the attached Conditional Sale Agreement
or BuyBoard Contract No. 447-14 (collectively the "Agreement"), the Parties hereby stipulate
by evidence of execution of this Addendum ("Addendum") below by a representative of each
party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions
in this Addendum below shall be applicable to the Agreement as follows:
1. Term: The Parties wish to provide for a contract term that extends beyond the one in effect
for the BuyBoard Contract No. 447-14. Therefore, the terms of the Agreement shall continue in
effect so long as the attached Equipment Schedules No. 112599, No. 112601 and No. 112600
entered into by the Parties remains in effect, unless terminated earlier by either party pursuant to
Section 6 and 9 of this Addendum or the Agreement.
2. Indemnity: To the extent the attached Agreement requires the Purchaser to indemnify or hold
Seller or any third party harmless from damages of any kind or character, the Purchaser objects
to these terms and any such terms are hereby deleted from the Agreement and shall have no force
or effect, except for the insurance obtained by Purchaser in favor of Seller with respect to
property.
3. Attorneys' Fees, Penalties, and Liquidated Damages: To the extent the attached Agreement
requires the Purchaser to pay attorneys' fees for any action contemplated or taken, or penalties or
liquidated damages in any amount, the Purchaser objects to these terms and any such terms are
hereby deleted from the Agreement and shall have no force or effect.
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4. Law and Venue: This Agreement and the rights and obligations of the parties hereto shall be
governed by, and construed in accordance with the laws of the United States and state of Texas,
exclusive of conflicts of laws provisions. Venue for any suit brought under this Agreement shall
be in a court of competent jurisdiction in Tarrant County, Texas. To the extent this Agreement is
required to be governed by any state law other than Texas or venue in Tarrant County, the
Purchaser objects to such terms and any such terms are hereby deleted from this Agreement and
shall have no force or effect.
5. Sovereign Immunity: Nothing herein constitutes a waiver of the Purchaser's sovereign
immunity. To the extent this Agreement requires the Purchaser to waive its rights or immunities
as a government entity; such provisions are hereby deleted and shall have no force or effect.
6. No Debt: In compliance with Article 11 § 5 of the Texas Constitution, it is understood and
agreed that all obligations of the Purchaser hereunder are subject to the availability of funds. If
such funds are not appropriated or become unavailable, the Purchaser shall have the right to
terminate this Agreement except for those portions of funds which have been appropriated prior
to termination.
7. Confidential Information: The Purchaser is a government entity under the laws of the State
of Texas and all documents held or maintained by the Purchaser are subject to disclosure under
the Texas Public Information Act. To the extent the Agreement requires that the Purchaser
maintain records in violation of the Act, the Purchaser hereby objects to such provisions and
such provisions are hereby deleted from the Agreement and shall have no force or effect.
8. Addendum Controlling: If any provisions of the attached Agreement, conflict with the terms
herein, are prohibited by applicable law, conflict with any applicable rule, regulation or
ordinance of the Purchaser,the terms in this Addendum shall control.
9. Fiscal Funding Limitation: In the event no funds or insufficient funds are appropriated and
budgeted or are otherwise unavailable by any means whatsoever in any fiscal period for
payments due under this Agreement, then the Purchaser will immediately notify Seller of such
occurrence and this Agreement shall be terminated on the last day of the fiscal period for which
appropriations were received without penalty or expense to the Purchaser of any kind
whatsoever, except to the portions of annual payments herein agreed upon for which funds shall
have been appropriated.
10. Rigi t to Audit: Seller agrees that the Purchaser shall, until the expiration of three (3) years
after final payment under this Agreement, have access to and the right to examine any directly
pertinent books, documents, papers and records of Seller involving transactions relating to this
Agreement. Seller agrees that Purchaser shall have access during normal working hours to all
necessary Seller facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. The Purchaser shall give Seller
reasonable advance notice of intended audits.
Signature Page To Follow
CFW/Addendum to Yamaha Motor Corporation,U.S.A.Conditional Sale Agreement Page 2 of 3
�w
Executed this they day of pf, m 20' .
CITY OF FORT WORTH: YAMAHA MOTOR CORPORATION,
U.S.A.
1
B BY
Sus n Alanis Kim Ruiz
,,- istant City Manager Vice President//Treasurer
Date: 15, Date:
ATTEST:
By:
Ma
ec / Cd q
yb
r tar
APPROVED AS TO FORM AND LEGALITY:
By: jl�i,/UGW`1222 .s
Guillermo (Will) S. Trevino
Assistant City Attorney
Contract Authorization:
M&C: Ilk
Date Approved:
CFW/Addendum to Yamaha Motor Corporation,U.S.A.Conditional Sale Agreement Page 3 of 3
*YAMAHA
YAMAHA MOTOR CORPORATION, U.S.A.
6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101 800-551-2994 FAX 714-761-7363
September 8,2015
CITY OF FORT WORTH
ATTN: Silva
4200 SOUTH FREEWAY, SUITE#2200
FORT WORTH,TX 76115
Dear Silva: t1
Enclosed you will find the documentation for your conditional sale purchase of 216 YDRA
Yamaha golf cars. The documents enclosed in the package include the following:
Conditional Sale Agreement
Equipment Schedule#112599
Request for Insurance
Certificate of Acceptance
Invoice For First Payment
ACH Form —oe i-i o n,- J
POLL Y-1
Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight
return envelope.
The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation.
If the city requires the use of Purchase Orders,please provide one with your documents. However,if they are not required
please include a signed statement on official city letterhead stating that a purchase order will not be required for this
transaction.
We appreciate your business and look forward to the opportunity to service your financing needs. If you should have any
questions,please give us a call at 800-551-2994.
Sincerely,
Stacey L. Stankey
YAMAHA
Page 1 of 3 CSA0906
CONDITIONAL SALE AGREEMENT
CONDITIONAL SALE AGREEMENT dated as of September 8,2015 by and between Yamaha Motor Corporation, U.S.A.
(hereinafter called"Seller")having its principal office and place of business at 6555 Katella Avenue, Cypress, California 90630 and
CITY OF FORT WORTH (hereinafter call"Purchaser")having its principal office and place of business at 4200 South Freeway,Suite
#220, Fort Worth,TX 76115
1. PROPERTY SOLD. In consideration of the In addition, Equipment is warranted only in accordance with
agreement to purchase by Purchaser and the covenants and the manufacturer's warranty,
agreements hereinafter set forth, Seller hereby sells to modified fFem time to time €nIy by Seller.
1Aln ppn"ITV nQ pCnl IIpCR OV 1 AU/ AND XG612T n0
purchaser all of the tangible personal property listed on the --a�I,�� �;��
Equipment Schedule executed pursuant to this Agreement .1301-1E, 86669- AbIv with respect to an Equipment Schedule, hereinafter called QT SR `W&RRA P1T* �"Pft�SSE® OR 1MR61E^
( p Y a-�� r,-r—mot -� —�„�-��d
the"Equipment"). -6UT PInT AAIA -LMdN Ttt�l�d
lAlnRRANTICQ nC nAC p!'tJn"ITn QII ITV n"1f1. C1:F I np
iYi�TF�fl3 iTTT7 4HTEfTf-T S-i�y���
2. TERM. The term of this Agreement shall commence A-PAR I��I R. PI 11RIPOSS,6 1, ,.
R1 0� „", ,
on the date set forth above and shall continue in effect t l�l' ITV cnp 1"I^ E"�I �SPEQA6
thereafter so long as the Equipment Schedule entered into
pursuant to this Agreement remains in effect. ., GUSTO.MER np n"1 T non pART*. No
3. PAYMENT. Purchaser shall pay to Seller, for the defect, unfitness, loss, damage or other condition of the
equipment during each month of the Term of the Equipment Equipment shall relieve Purchaser of the obligation to pay any
Schedule, the monthly payment set forth in the Equipment installment under this Agreement.
Schedule plus any taxes, fees, etc. associated with proper 5. TITLE AND ASSIGNMENT.
filings and ownership by Purchaser together with any down
payment which shall be referred to any such Equipment 5.1 Title. At the time of execution, title in the subject
Schedule. Whenever any payment is not made when due Equipment listed in the Equipment Schedule shall pass to
hereunder, Purchaser shall pay interest on such amount at the Purchaser. Seller shall retain a lien on the Equipment listed in
maximum allowable rate of interest permitted by the law of the the Equipment Schedule until such time as all payments to be
state where the equipment is located (the "overdue rate") to made under the Equipment Schedule are conveyed to Seller.
the date of payment amount,whichever is less. Such Equipment shall be held by Purchaser as security for the
debt to Seller until all amounts due Seller by Purchaser are
4. DELIVERY AND ACCEPTANCE; WARRANTY AND paid in full. Seller is hereby authorized by Purchaser, at
DISCLAIMER OF WARRANTIES. Seller's Expense, to cause this Equipment Schedule or any
4.1 Delivery and Acceptance of Golf Cars. Purchaser statement or other instrument in respect of the Equipment
shall select and take delivery of all Equipment leased Schedule as may be required by law showing the interest of
hereunder directly from Yamaha, a Yamaha Authorized Purchaser or any of its assignees in the Equipment to be filed
Dealer,or authorized agent(the"Dealer"). Al and Purchaser hereby authorizes Seller or its agent or assigns
Seller shall not be to sign and execute on its behalf any and all necessary UCC-1
liable for any loss or damage resulting from the delay or failure forms for such purpose.
to have any Equipment available for delivery. Purchaser shall 5.2 Location, Inspection. Purchaser shall not move the
inspect the Equipment to determine that the Equipment is as Equipment from the location specified on the Equipment
represented and has been equipped or prepared in Schedule without the prior written consent of Seller, which
accordance with any prior instructions given in writing by consent shall not be unreasonably withheld.
Purchaser. Purchaser shall accept the Equipment if it meets
the criteria set forth in the preceding sentence and shall 5.3 Assignment by Seller.
execute and deliver a Certificate of Acceptance with respect to (a) Purchaser shall not sell, transfer, assign, pledge or
each shipment of Equipment. For all purposes of this (except for short-term rentals to golf course patrons in the
Agreement, the Equipment will be considered accepted upon ordinary course of business) the Equipment without the prior
execution of the Certificate of Acceptance. Purchaser written consent of Seller.
authorized Seller to insert in the Equipment Schedule the
serial number and other identifying data of the Equipment. (b) Seller may not assign its rights hereunder,
4.2 Warranty and Disclaimer of Warranties. Seller paA, without Purchaser's consent. IF Pure-has-Aff is
warrants to Purchaser that, so long as Purchaser shall not be
in default of any of the provisions of the applicable Equipment
Schedule, neither Seller nor any assignee of Seller will disturb
Purchaser's quiet and peaceful possession of the Equipment. (c)
dwfies AF obligations
this
Page 2 of 3 CSA09O6
6. TAXES AND FEES.
damages, Ies es and liabilities (inel-ding ne
6.1 Taxes and Fees.Purchaser shall take title to
equipment On delivery and shall be responsible for all property,
sales and use taxes or similar charges or fees(if any)that may
b
�nnfrnl lice=
e due from a title holder of the equipment or that may be
imposed or assessed on or against a title holder of the
equipment by an governmental authority at any time. At no
point shall Seller have title to the equipment, nor shall Seller
bear liability or responsibility for any tax or similar charge or
fee imposed or assessed on or against a title holder of the
equipment. In the event Seller is required to pay any tax or 11. RISK OF LOSS. Seller and Purchaser agree
similar charge or fee due from Seller as title holder, Purchaser Purchaser shall bear the entire risk of loss,theft,destruction or
agrees to reimburse, indemnify, and hold harmless Seller from damage to the vehicles from any cause whatsoever and shall
and against all such taxes, fees or other similar charges not be relieved of the obligation to pay the total of the monthly
(together with any related interest or penalties thereon). payments or any other obligation hereunder because of any
such occurrence. Purchaser further agrees to insure
7. CARE, USE AND MAINTENANCE; ALTERATIONS Equipment for full value and to cause Purchaser's insurance
AND ATTACHMENTS. carrier to provide Seller with loss payee certificate of
insurance.
7.1 Care,Use and Maintenance.
Purchaser shall, at its sole expense, at all times 12. DEFAULT. The occurrence of any one or more
during the term of the Equipment Schedule, keep the of the following events (herein called"Events of Default")shall
Equipment clean, serviced and maintained in good operating constitute a default under the Equipment Schedule:
order, repair, condition and appearance in accordance with
Seller's manuals and other instructions received from Seller. (a) Default by Purchaser the payment of any installment
or other charge payable by Purchaser under the Equipment
7.2 Alterations and Attachments. Purchaser Schedule as and when the same becomes due and payable;
may, with Seller's prior written consent, make such cosmetic or
modifications to the Equipment as Purchaser may deem
desirable in the conduct of its business; provided, however, (b) Default by Purchaser in the performance of any other
that such alterations shall not diminish the value or utility of the material term, covenant or condition of the Equipment
Equipment, or cause the loss of any warranty thereon or any Schedule or the inaccuracy in any material respect of any
certification necessary for the maintenance thereof, and representation or warranty made by the Purchaser in the
provided, further, that such modification shall be removable Equipment Schedule, this Agreement, or in any document or
without causing damage to the Equipment. certificate furnished to the Seller in connection therewith,
which default or inaccuracy shall continue for a period of 10
8. REPRESENTATIONS AND WARRANTIES OF days after notice.
PURCHASER. Purchaser hereby represents that with 13. REMEDIES. Upon the occurrence of any one or
respect to the Agreement and Equipment Schedule: more Events of Default, Seller, at its option: 1) may proceed
(a) The execution, delivery and performance thereof by by appropriate court action or actions either at law or in equity
the Purchaser have been duly authorized by all necessary to enforce performance by Purchaser of the applicable
corporate action. covenants and terms of the applicable Equipment Schedule,or
to recover from Purchaser any and all damages or expenses,
(b) The individual executing such was duly authorized to including reasonable attorney's fees, which Seller shall have
do so. sustained by reason of Purchaser's default in any covenant or
covenants of the applicable Equipment Schedule or on
(c) The Agreement and the Equipment Schedule account of Seller's enforcement of its remedies thereunder; or
constitute legal, valid and binding agreements of the 2) retake immediate possession of the Equipment, dispose of
Purchaser enforceable in accordance with their respective such Equipment in accordance with the provisions of the
terms. Uniform Commercial Code as enacted in TEXAS, and collect
for any deficiency as a result of the disposal of the Equipment
(d) The Equipment is personal property and when by Seller together with all reasonable attorneys fees and costs
subjected to use by the Purchaser will not be or become incurred by Seller during the disposal of such merchandise.
fixtures under applicable law. 14. MISCELLANEOUS.
9. DELIVERY OF EQUIPMENT.
thA full expense of transpaFtatie n and- in #ansk
14.1 No Waiver. No omission or delay by Seller at
pp-hAsw0s promises and delive-,
any time to enforce any right or remedy reserved to it, or to
The Purchase prices includes free require performance of any of the terms, covenants or
on board delivery. provisions hereof by Purchaser at any time designated, shall
be a waiver of any such right or remedy to which Seller is
W tAfl Rumhas ,, a , �„ entitled, no shall it in any way affect the right of Seller to
ffl4affini.y an_ I.e.- -611ef an_
enforce such provisions thereafter.
Page 3 of 3 CSA0906
14.2 Binding Nature. The Equipment Schedule shall be Purchaser's name and all inspections of such items of
binding upon, and shall inure to the benefit of Seller, Equipment which may be required by any governmental
Purchaser and their respective successors, legal authority unless such fees and taxes shall be included in the
representatives and assigns. payment as shown on the Equipment Schedule applicable to
any such items of Equipment.
14.3 Notices.Any notice, request or other communication
to either party by the other as provided for herein shall be 14.7 Involuntary transfer Constitutes Default.
given in writing and only shall be deemed received upon the Purchaser shall not create, incur,assume or suffer to exist any
earlier of receipt or three days after mailing if mailed postage mortgage, lien, pledge or other encumbrance or attachment of
prepaid by regular or airmail to Seller or Purchaser, as the any kind whatsoever upon, affecting, or with respect to the
case may be, at the address for such party set forth in this Equipment or of Sellers interest thereunder.
Agreement or at such changed address as may be
subsequently submitted by written.notice of either party. 14.8 Statute of Limitations. Any action by
Purchaser against Seller for any default by Seller under this
14.4 Severability. In the event any one or more of the Agreement, including breach of warranty or indemnity,shall be
provisions of this Agreement and/or the Equipment Schedule commenced within one year after any such cause of action
shall for any reason be prohibited or unenforceable in any accrues.
jurisdiction,any such provision shall,as to such jurisdiction, be
ineffective to the extent of such prohibition or unenforceability 14.9 Entire Agreement. Seller and Purchaser
without invalidating the remaining provisions hereof, any such acknowledge that there are no agreements or understandings,
prohibition or unenforceability in any jurisdiction shall not written or oral, between Seller and Purchaser with respect to
invalidate or render unenforceable such provision in any other the Equipment, other then as set forth herein and in each
jurisdiction. Equipment Schedule and that this Agreement and the
Equipment Schedule contains the entire Agreement between
14.5 Counterparts. This Agreement and the Equipment Seller and Purchaser with respect thereto. Neither this
Schedule may be executed in any number of counterparts, Agreement nor the Equipment Schedule may be altered,
each of which shall be deemed an original, but all such modified, terminated or discharged except by a writing signed
counterparts together shall constitute but one and the same by the party against whom such alteration, modification,
instrument. termination or discharge is sought.
14.6 Registration and License. Purchaser shall
perform and pay for the titling, registration and licensing (if
required by applicable law) of any items or Equipment in the
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on or as of the day and year first above written.
CITY OF FOR-T-WORTH YAMAHA MOTOR CORP ATM U.S.A.
)OBy: V By:
Name All 1. . d° Name:
Mlle: Title: Vice President/Treasurer
APPROVED AS TO FORM AND LEGALITY-
IsTant City
tear"e)r t._,
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CONDITIONAL SALE EXH113IT A
EQUIPMENT SCHEDULE 4 112599
Dated September 08,2015
1. This Schedule covers the following property('Equipment"):
216 YDRA GOLF CARS
2. Location of Equipment:
VARIOUS LOCATIONS
VARIOUS LOCATIONS
FORT WORTH,TX 76115
3. The Terms for the Equipment described herein shall commence on November 28,2015 and shall
consist of 60 months fi-om the first day of the month following said date.
4. The down payment of the Equipment shall be$ $0.00
5. Payments on the Equipment shall be due on the following schedule.
Schedule of Payments:
60 MONTHLY PAYMENTS IN THE AMOUNT OF$9,285.84(APPLICABLE TAXES TO BE BILLED).
STARTING NOVEMBER 2015 AND ENDING OCTOBER 2020. DUE THE 28TH DAY OF THE, MONTH AS FOLLOWS:
Nov-15$9,285.84 Jan-16$9,285.84 Jan-17$9,285.84 Jan-18$9,285.84 Jan-19$9,285.84 Jan-20$9,285.84
Dec-15$9,285.84 Feb-16$9,285.84 Feb-17$9,285.84 Feb-18$9,285.84 Feb-19$9,285.84 Feb-20$9,285.84
Mar-16$9,285.84 Mar-17$9,285.84 Mar-18$9,285.84 Mar-19$9,285.64 Mar-20$9,285.84
Apr-16$9,285.84 Apr-17$9,285.84 Apr-18$9,285.84 Apr-19$9,285.64 Apr-20$9,285.84
May-16$9,285.84 May-17$9,285.64 May-18$9,285.84 May-19$9,285.84 May-20$9,285.84
Jun-16$9,285.84 Jun-17$9,285.84 Jun-18$9,285.84 Jun-19$9,285.84 Jun-20$9,285.84
Jul-16$9,285.84 Jul-17$9,285.84 Jul-18$9,285.84 Jul-19$9,285.84 Jul-20$9,285.84
Aug-16$9,285.84 Aug-17$9,285.B4 Aug-18$9,285.84 Aug-19$9,285.84 Aug-20$9,285.84
Sep-16$9,285.84 Sep-17$9,285.84 Sep-18$9,285.84 Sep-19$9,285.84 Sep-20$9,285.84
Oct-16$9,285.84 Oct-17$9,285.84 Oct-18$9,285.84 Oct-19$9,285.84 Oct-20$9,285.84
Nov-16$9,285.84 Nov-17$9,285.84 Nov-18$9,285.84 Nov-19$9,285.84
Dec-16$9,285.84 pet-17$9,285.84 Dec-18$9,285.84 Dec-19$9,285.84
6. The final purchase price for the purchase of the Equipment at the expiration of this Agreement shall be $383,400.00
7. Other Terms:
Interest Factor: 4.600 %
Yamaha is not obligated to perform or provide any service,under any circumstances under the terms Of this contract. Service is the
responsibility of the Purchaser. Failure by Purchaser to maintain or service the equipment consistent with the terms of the Master
Agreement shall not relieve Purchaser of the responsibility under the Master Agreement.
Signed Counterparts: The parties agree that this Agreement may be signed in counterparts,that delivery of an executed counterpart
of the signature page to this Agreement by fax,email or other electronic means shall be as effective as delivery of a manually
executed counterpart,and any failure to deliver the original manually executed counterpart sent by fax,email or other electronic
means shall not affect the validity,enforceability or binding effect of this Agreement. Notwithstanding any other provision of this
Agreement,the sole original of this Agreement shall be the Agreement bearing the manually executed signature of the Purchaser.
The Purchasor,by making any payment required under this Agreement ratifies all of the terms of this Agreement.
This Equipment Schedule and Acceptance Guidelines are issued pursuant to the Agreement dated September 08,2015
All of the terms and conditions,representations and warranties of the Agreement are hereby incorporated herein and made a part
hereof as if they were expressly set forth in this Equipment Schedule.
CITY OF FORT WORTH YAMAHA MOTOR CO ORA N. U.S.A.
G° 11/x.
�Q By � 1 BY
l Signature Signa
a,
Name: `°U '._ A- 6 Name: Kim Ruiz
Type or Print @ Type or Print yy,,
M i ll ;
Title: 7% r,,,� Title: Vice President
b yr s
I M1V1Mr1Pk IYIV 1 VrC 4rVRrVrCH 1 IVIV9 U.O./A.
COMMERCIAL CUSTOMER FINANCE
6555 Katella Avenue, Cypress, CA 90630
(800) 551-2994, Fax(714) 761-7363
E-MAIL: Donna_Hennessy @yamaha-motor.com
NAME OF INSURANCE AGENT: September 0 ;,2015
HUB INTL RIGG
ADDRESS: 777 MAIN STREET#C50
carole.wendorf @hubinternational.com Please Reference our Quote# 112599
FORT WORTH TX 76102
PHONE: (817)820-8100
FAX: (817) 870-0310
RE: VARIOUS LOCATIONS (Customer)Account
The Customer has purchased and will be financing equipment from Yamaha.
The Customer is required to provide Yamaha with the following insurance coverage:
"All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an
amount not less than the full replacement cost of the property,with Yamaha named as LOSS PAYEE.
Each policy shall provide that: (i) Yamaha will be given not less than thirty(30) days prior written notice of cancellation or
non-renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the
policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of
the policy or the Customer's application therefore.
A Certificate evidencing such coverage should be mailed to Yamaha at the following address.
Yamaha Motor Corporation, U.S.A.
Attn: Commercial Customer Finance
6555 Katella Ave
Cypress, CA 90630
Your Prompt attention will be appreciated. Very Truly Yours,
Equipment Covered: CITY OF FORT 'WORTH
216 YDRA GOLF CARS (Name of Deb r)
r
By:
Equipment Location: Si natu of Authorized Officer)
VARIOUS LOCATIONS
Title:
FORT WORTH,TX 76115 >. -
& y,E% �%P "salr r'o;'fFJ YI f
f 1 M I;mCf RE,,,,,I'APFr°
CERTIFICATE OF ACCEPTANCE
This certificate is executed pursuant to Equipment Schedule# 112599
dated September 08,2015 to the Conditional Sale Agreement dated
September 08,2015 between Yamaha Motor Corporation. U.S.A.
(the"Seller') and CITY OF FORT WORTH
(the"Purchaser").
The Purchaser hereby certifies that the Equipment set forth below, as also described in the above
Equipment Schedule, has been delivered and accepted by the Purchaser on the Commencement
Date shown below.
EQUIPMENT SERIAL
QUANTITY TYPEIMODEL NUMBER N rWIUSED LOCATION
216 YDRA GOLF CARS See NEW VARIOUS LOCATIONS
attachment VARIOUS LOCATIONS
FORT WORTH,TX 76115
ADDITIONAL CONDITIONS/SPECIAL TERMS:
Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of
the Equipment.
CITY OF E2B WORTH
as Purchaser
�P By: 11 ^.----
�— Name:
Title:
PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR CORP., U.S.A.
MI , 3362 Momentum Place
Chicago, IL 60689-5333
INVOICE NUMBER: M/,AN 112599
Date Pr epar Cd.V91812V 1 5
CITY OF FORT WORTH
4200 SOUTH FREEWAY,SUITE#220
FORT WORTH,TX 76115
./.,i✓_i ri�si i,i,.i ..i_ rir;._i_ �i i ,='[ ,>i„i..> .,. ,�i. ,_iiei,..�.,i.,.rai .,i,ivi A.-si .,i r�d., id/, „.. ,�Zi i „v. y, a:
Due Date Quote No Description Amount Due
112599 216 YDRA GOLF CARS for Municipal Conditional Sale
Cars located at. VARIOUS LOCATIONS
1112812015 Payment $9,285.84
Payment Tax $0.00
YOUR ACCOUNT BALANCE IS----------------- $9,285.84
- ,>i i ,.s/..a`m,/�/..a3/.s/1N/la"/�/A/w`5/6.Ylm//�/':/rc'U/i/_/iJ/..a//.a,r.'/,,;4%/.ice/�'/�/,_./9//�/r:r,f/rf/'.%:5/d/.S/f.L/'.�'/„>/_`S/i.,•r/�.a',9/r/�/L//9/%bi//,/.-;�/,?
Please return the bottom portion with your remittance. Include the lease number on
your check. FOR BILLING QUESTIONS, CALL YAMAHA Commercial Customer Finance AT
1-800-551-2994.
--------------------------------------------------------------
Willi L,MIS, PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR CORP., U.S.A.
3362 Momentum Place
Chicago,IL 60689-5333
INVOICE NUMBER MAN 112599
Date Prepared. 091812015
Payment for:
CITY OF FORT WORTH
4200 SOUTH FREEWAY,SUITE#220
FORT WORTH,TX 76115
112599 $ #
Quote Number Amount Paid Date Paid Check Number
a>..ia a vi•iaa.i a r>a iraa:,i�av a-av a�i:.LlraLi�i
RECITALS
Yamaha Motor Corporation,U.S.A. ("Yamaha"), located at 6555 Katella Ave, Cypress, CA 90630, seeks to provide
Customer with the ability to make payments electronically through the Automated Clearing House system ("ACH
System")to the Account,as defined below,in satisfaction of Customer's payment obligations to Yamaha and Customer
desires to use the ACH System to transfer funds from the Account,as defined below,to Yamaha in satisfaction of its
payment obligations in accordance with the terms set forth below.
NOW,THEREFORE,in consideration of the promises and the mutual covenants herein contained and other good and
valuable consideration,receipt and sufficiency of which the parties hereto acknowledge,it is hereby agreed as follows:
1. Customer's Account. Customer shall complete the attached Authorization Agreement for Direct Payments form
("Application"),and allow Yamaha to initiate debit entries through the ACH System to Customer's Account,as defined
below,to collect amounts owed by Customer to Yamaha. Customer shall provide certain information required by the
Application, including information regarding Customer's bank and bank account (the "Account") through which
Yamaha will initiate the debit entries authorized pursuant to this Agreement. Customer will immediately complete and
deliver to Yamaha an updated Authorization Agreement from time to time if any information regarding the Account is
changed or is inaccurate. Yamaha will thereupon enter such new information regarding the Account into the ACH
System. Customer will execute such agreements that are required by Customer's bank to allow Yamaha to initiate the
debit entries to Account,and to receive the corresponding payments.
2. Authorization for ACH Payment. By entering into this Agreement, Customer irrevocably authorizes Yamaha
during the term of their Equipment Schedule,to initiate debit entries through the ACH System to the Account to pay
Customer's obligations, and to take possession of funds in the Account for application to such obligations. If a
Customer's debit transaction is rejected by the Customer's bank for reasons such as non-sufficient funds,Yamaha shall
have the right to charge Customer's Account a fee of Fifty Dollars($50)to cover administrative costs associated with
the rejected payment.
3. Limitation of Liability for ACH System. Yamaha will not be liable for the act or omission of any Automated
Clearing House, financial institution, or any person who has obtained unauthorized access to the ACH System.
Customer acknowledges that if any error occurs in the ACH System debiting process, and Customer will immediately
notify Yamaha if the amount of any debit entry which Yamaha initiates exceeds the amount owed by Customer.
Customer agrees, however, that Yamaha's liability for any such error will be limited to a credit by Yamaha to the
Account in the amount of the entry which exceeds the amount owed by Customer, and in no event will Yamaha be
liable to Customer for any consequential,special or incidental damages.
4. Notices. Any written notice or other written communication required or permitted to be given under this Agreement
shall be delivered,or sent by United States certified mail,return receipt requested,to Yamaha unless another address is
substituted by notice delivered or sent as provided herein. Any such notice will be deemed given when received.
5. Termination. This agreement,if required by Yamaha as a credit condition of the account,will only be terminated
at the end of the term of the Equipment Schedule or after all payments on the Equipment Schedule have been satisfied.
If not a credit condition requirement,Yamaha or Customer may terminate this agreement at any time by giving thirty
(30)days prior written notice to the other party.
6. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of
California without regard to conflicts of law principles thereof. Any disputes,claims and controversies arising out of or
directly or indirectly relating to this Agreement, or the breach, invalidity or termination thereof, shall be settled by
binding arbitration to be held in Orange County,California.
7. Entire Agreement. This Agreement embodies the entire agreement of the parties with respect to the subject matter
hereof, and supersedes all previous negotiations, representations, and agreements with respect hereto, and shall be
binding upon the parties hereto. This Agreement may be amended only by a writing signed by both parties. In the
event that any provision of this Agreement shall be held invalid,illegal or otherwise unenforceable for any reason in
any jurisdiction, the validity, legality and enforceability of the remaining provisions or obligations, or of any such
provision or obligation in any other jurisdiction,shall not in any way be affected or impaired thereby. Customer cannot
assign this Agreement without Yamaha's prior written consent. Headings are used for reference purposes only,and are
not part of this Agreement. The failure by either party to enforce or take advantage of any provision hereof shall not
constitute a waiver of the right subsequently to enforce or take advantage of such provisions. The parties may rely on
any facsimile copy,electronic data transmission or electronic data storage of this Agreement,which will be deemed an
original,and the best evidence thereof,for all purposes.
Address for Deliver of Notice:
Yamaha Motor Corporation,U.S.A.
6555 Katella Avenue,Cypress,CA 90630
\ttention:Stacey .Stankey. Assistant Department Manager
!\ A L "JLXL'12 1f1_V 1I 1 r vi\l.iii\r.\_,1 I t11 1Y11`.1`1 1 J�ALR LL'1511 J)
Customer Name CITY OF FORT WORTH
Customer Number 8715748
Contact Phone Number
I(we)hereby authorize Yamaha Motor Corporation,U.S.A.,hereinafter called Yamaha,to initiate debit
entries to my(our)
r Checking Account or
F Savings Account
Indicated below at the depository financial institution named below,hereafter called Depository,and to
debit the same to such account.I(we)acknowledge that the origination of ACH transactions to my(our)
account must comply with the provisions of U.S.law.
Depository Name
Branch
City State Zip
Bank Routing Number
Bank Account Number
F Please indicate with a check-mark that there is no debit blocking on your account that would prevent
Yamaha from debiting your account according to the provisions of the ACH agreement.
This authorization is to remain in full force and effect and can only be terminated under the terms provided
under Paragraph 5.
By signing below,Customer acknowledges its agreement to the terms of the ACH/Online Payments
Agreement set forth on the reverse side of this document.
Name(s) (Please Print)
Position(s) (Please Print)
(must be an owner or officer of the company)
Signature(s)
Date
INSTRUCTIONS FOR ESTABLISHING ACH ACCOUNT:
Please forward this executed agreement,along with a voided check,to the following address:
Yamaha Motor Corporation,U.S.A.
Attn:Stacey Stankey
6555 Katella Avenue,Cypress,CA 90630
6"MAHA
City of Fort Worth I itialed By:
AMORTIZATION SCHEDULE FOR MUNICIPALITY
CONDITIONAL SALE CONTRACT
PURCHASER: Citv of Fort Worth
EQUIPMENT SCHEDULE# 112699
Yield: 4.600%
Due Principal
Mon# Date Payment Interest Adjustrnent Balance
Total Financed .......... 799,245.36
1 11128115 9.285.86 2.989.40 6.296,46 792.948.90
2 12128115 9.285.86 2.965.85 6.320.01 786.628.89
3 01/28116 9.285.86 2.942.21 6,343.65 780.285.24
4 02128116 9.285.86 2.918.48 6.367.38 773.917.86
5 03/28/16 9.285.86 2,894,67 6.391.19 767.526.67
6 04/2B/16 9.285_86 2.870,76 6.415.10 761.111.58
7 05/28/16 9.285.86 2.846.77 6.439.09 754.672.48
8 06128116 9.285.86 2.822.69 6.463.17 748.209.31
9 07/28/16 9.285.86 2.798.51 6.487.36 741.721.96
10 08128/16 9.285.86 2,774.25 6.511.61 735.210.35
11 09/28/16 9-285.86 2.749.89 6.535.97 728.674.38
12 10128/16 9.285.86 2.725.44 6.560.42 722.113.96
13 11/28/16 9185.86 2.700.91 6.584.95 7115.529.01
14 12128/16 9.285.86 2.676.28 6.609.58 708.919.43
15 01/28/17 9.285.86 2.651.56 6.634.30 702.285.12
16 02/28117 9185.86 2.626.74. 6,659.12 695.626.01
17 03/28/17 9.285.86 2.601.83 6.684.03 688.941.98
18 04128/17 9.285.86 2.576.83 6.709.03 682.232.96
19 05/28/17 9.285.86 2.551.74 6.734.12 675.498.84
20 06/28/17 9.285.86 2.526.55 6.759.31 668.739.53
21 07/28/17 9.285.86 2.501.27 6.784.59 661.954.94
22 08/28117 9.285.86 2.475.90 6.809.96 655.144.98
23 09/28/17 9.285.86 2.450.42 6.835.44 648.309.54
24 1008117 9.285,86 2.424.86 6.861.00 641.448.54
25 11/28117 9.285-86 2.399.20 6,886.66 634.561.88
26 12128/17 9.285.86 2.373.44 6.912.42 627.649.45
27 01/28/18 9.285.86 2.347.58 6.938.28 620-711.18
28 02/28/18 9285-86 2.321.63 6.964.23 613.746.95
29 03/28/18 9285.86 2.295.58 6.99028 606.756.67
30 04/28/18 9.285.86 2.269.44 7.016.42 599340.25
31 05/28/18 9.285.86 2.243.20 7-042.66 592,697.59
32 06128/18 9,285,86 2.216.85 7,069-01 585.628.58
33 07/28/18 9.285.86 2.190.41 7.095.45 578.533.14
34 08128/18 9,285.86 2.163.87 7.121.99 571,411.15
35 09128/18 9.285.86 2A3724 7,148,62 564,262.53
36 10128118 9.285.86 2.110,50 7,175.36 557,087.17
37 11128/18 9.285.86 2,083,66 7.202.20 549.884.97
38 12128118 9.285.86 2.056.72 7,229,14 542.655.83
39 01/28119 9.285.86 2.029.68 7.256.18 535399.65
40 02/28119 9.286.86 2.002.54 7,283.32 528,116-34
41 03/28/19 9.285.86 1.975.30 7,310.56 520.805.78
42 04/28119 9.285.86 1.947.96 7.337.90 513.467.88
43 05128119 9.285.86 1,920.51 7,365.35 506.102.53
44 06128/19 9.285.86 1.892.96 7.392.90 498.709.64
45 07128/19 9.285.86 1,865.31 7.420,55 491.289.09
46 08/28/19 UMBB 1-837.56 7-448.30 483.840.79
47 09128/19 9.285.136 1.809.70 7.476.16 476,364.63
48 10128119 9,285.86 1-781.74 7.504.12 468,860.50
49 11128119 9.285.86 1-753.67 7.532.19 461.328.31
50 12/28119 9.285.136 1-725,50 7.560.36 453.767.95
51 01128120 9.285.B6 1.697.22 7,588,64 446.179,30
52 02J28120 9.285-86 1.668.83 7.617.03 438.562,28
53 03/28/20 9.285-86 1.640.34 7.645.52 430.916,76
54 04128/20 9.285,86 1.611.75 7.674.11 423.242.65
55 05/28/20 9.285.86 1,583.05 7.702.81 415.539.84
56 06/28/20 9.285.86 1.554.23 7.731,63 407.80821
57 07/28/20 9285.86 1.525.32 7.760.54 400.047.67
58 03/28/20 9.285.86 1,496.29 7,789.57 392.258.10
59 09128/20 9285.86 1,467.15 7.818.71 384A39.39
60 10128/20 9,285.86 1,437.91 7,847.95 376,591.44
Totals: 667,161.60 134,497.68 422,653.92
If i iii�'1,"/,�,,, �,"" � J3,mk
6; F
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OY H I
YAMAHA MOTOR CORPORATION, U.S.A.
6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101 800-551-2994 FAX 714-761-7363
September 8, 2015
CITY OF FORT WORTH
ATTN: Silva
4200 SOUTH FREEWAY, SUITE#220
FORT WORTH,TX 76115
Dear Silva:
Enclosed you will find the documentation for your conditional sale purchase of 7 YT2A
Yamaha golf cars. The documents enclosed in the package include the following:
Equipment Schedule#112601
Request for Insurance
Certificate of Acceptance
Invoice For First Payment
Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight
return envelope.
The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation.
If the city requires the use of Purchase Orders,please provide one with your documents. However, if they are not required
please include a signed statement on official city letterhead stating that a purchase order will not be required for this
transaction.
We appreciate your continued business and thank you for choosing us to service your financing needs. If you should have
any questions,please give us a call at 800-551-2994.
Sincerely,
Stacey L. Stankey
YAMAHA
CONDITIONAL SALE EXHIBIT A
EQUIPMENT SCHEDULE# 112601
Dated September 08,2015
1. This Schedule covers the following property('Equipment"):
7 YT2A GOLF CARS
2. Location of Equipment:
VARIOUS LOCATIONS
VARIOUS LOCATIONS
FORT WORTH,TX 76115
3. The Terms for the Equipment described herein shall commence on November 28,2015 and shall
consist of 48 months from the first day of the month following said date.
4. The down payment of the Equipment shall be$ $0.00
5. Payments on the Equipment shall be due on the following schedule.
Schedule of Payments:
48 MONTHLY PAYMENTS IN THE AMOUNT OF$809.28(APPLICABLE TAXES TO BE BILLED),
STARTING NOVEMBER 2015 AND ENDING OCTOBER 2019, DUE THE 28TH DAY OF THE MONTH AS FOLLOWS:
Nov-15$809.28 Jan-16$B09,28 Jan-17$809.28 Jan-18$809.28 Jan-19$809,28
Dec-15$809.28 Feb-16$80928 Feb-17$809.28 Feb-18$809.28 Feb-19$809.28
Mar-16$009.28 Mar-17$B09.28 Mar-18$809.28 Mar-19$809,28
Apr-16$809.2B Apr-17$009.28 Apr-18$809.28 Apr-19$809.28
,;May-16$809,28 May-17$809.28 May-18$809.28 May-19$809.28
Jun-16$809.28 Jun-17$809.28 Jun-18$809.28 Jun-19$809.28
Jul-16$809,28 Jul-17$809.28 Jul-18$809.28 Jul-19$809.28
Aug-16$809,28 Aug-17$809.28 Aug-18$809.28 Aug-19$809.28
Sep-16$809.28 Sep-17$809.28 Sep-18$809.28 Sep-19$809.28
Oct-16$809.28 Oct-17$809.28 Oct-18$809.28 Oct 19$809.28
Nov-16$809.28 Nov-17$809.28 Nov-18$809.28
Dec-16$809.28 Dec-17$809.28 Dec-18$809.28
6. The final purchase price for the purchase of the Equipment at the expiration of this Agreement shall be $12.600.00
7. Other Terms:
Interest Factor: 4.200
Yamaha is not obligated to perform or provide any service,under any circumstances under the terms of this contract. Service is the
responsibility of the Purchaser. Failure by Purchaser to maintain or service the equipment consistent with the terms of the Master
Agreement shall not relieve Purchaser of the responsibility under the Master Agreement.
Signed Counterparts: The parties agree that this Agreement maybe signed in counterparts,that delivery of an executed counterpart
of the signature page to this Agreement by fax,email or other electronic means shall be as effective as delivery of a manually
executed counterpart,and any failure to deliver the original manually executed counterpart sent by fax,email or other electronic
means shall not affect the validity,enforceability or binding effect of this Agreement, Notwithstanding any other provision of this
Agreement,the sole original of this Agreement shall be the Agreement bearing the manually executed signature of the Purchasor.
The Purchasor,by making any payment required under this Agreement ratifies all of the terms of this Agreement,
This Equipment Schedule and Acceptance Guidelines are issued pursuant to the Agreement dated September 08,2015
All of the terms and conditions,representations and warranties of the Agreement are hereby incorporated herein and made a part
hereof as if they were expressly set forth in this Equipment Schedule.
CITYjOFwF'ORT WO TH YAMAHA MOTOR O ON U.S.A.
4` By -° r,il'✓� By
�C Signature Signature
Name: +1 Name: Kim Ruiz
Type or Print
Type or Print q
Title: `J '1� ) -A& tt`"° Title: Vice President
d
COMMERCIAL CUSTOMER FINANCE
6555 Katella Avenue, Cypress, CA 90630
(800) 551-2994, Fax(714) 761-7363
E-MAIL: Donna_Hennessy @yamaha-motor.com
NAME OF INSURANCE AGENT: September 08, 2015
HUB INTL RIGG
ADDRESS: 777 MAIN STREET#C50
carole.wendorf @hubinternational.com Please Reference our Quote# 112601
FORT WORTH TX 76102
PHONE: (817) 820-8100
FAX: (817) 870-0310
RE: VARIOUS LOCATIONS (Customer)Account
The Customer has purchased and will be financing equipment from Yamaha.
The Customer is required to provide Yamaha with the following insurance coverage:
"All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an
amount not less than the full replacement cost of the property,with Yamaha named as LOSS PAYEE.
Each policy shall provide that: (i) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or
non-renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the
policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of
the policy or the Customer's application therefore.
A Certificate evidencing such coverage should be mailed to Yamaha at the following address.
Yamaha Motor Corporation, U.S.A.
Attn: Commercial Customer Finance
6555 Katella Ave
Cypress, CA 90630
Your Prompt attention will be appreciated.
Very Truly Yours,
Equipment Covered: CITY OF FORT WORTH
7 YT2A GOLF CARS (Nam o ebtor)
By:
Equipment Location: (Sig toe of Authorized Officer)
VARIOUS LOCATIONS
FORT WORTH TX 76115 Title:
F k I I,. ,AL
{
CERTIFICATE OF ACCEPTANCE
This certificate is executed pursuant to Equipment Schedule# 112601
dated _ September 08,2015 to the Conditional Sale Agreement dated
September 08 2015 between Yamaha Motor Corporation, U.S.A.
(the"Seller")and CITY OF FORT WORTH
(the"Purchaser").
The Purchaser hereby certifies that the Equipment set forth below, as also described in the above
Equipment Schedule, has been delivered and accepted by the Purchaser on the Commencement
Date shown below.
EQUIPMENT SERIAL
QUANTITY TYPEIMODEL NUMBER NEW/USED LOCATION
7 YT2A GOLF CARS see NEW VARIOUS LOCATIONS
attachment VARIOUS LOCATIONS
FORT WORTH,TX 76115
ADDITIONAL CONDITIONS/SPECIAL TERMS:
Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of
the Equipment.
CITY OF FORT WORTH
as Purchaser y
. ►
Name. ` �
Name-
\'-,"Title: 6
1f 11ruJ ' rii' i , r r
X
f;
riall'i LI 'I FA PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR CORP., U.S.A.
3362 Momentum Place
Chicago,IL 60689-5333
INVOICE NUMBER: MAN 112601
Date Prepared:091812015
CITY OF FORT WORTH
4200 SOUTH FREEWAY,SUITE#220
FORT WORTH,TX 76115
Due Date Quote No Description Amount Due
112601 7 YT2A GOLF CARS for Municipal Conditional Sale
Cars located at. VARIOUS LOCATIONS
1112812015 Payment $809.28
Payment Tax $0.00
YOUR ACCOUNT BALANCE IS----------------- $809.28
x�/-r/!/:://�;.._/.r..>/,:.._.v/�/.'i3,. ..y/Lt..s.i«//Y/_.-./.�Y.:'//.r�,./�fr� .,�/„/,-iri/>/-�/eY/±�/_•✓, /J/,a/°llx�i.-s'/c./,�/.a/.°%,1/�,./rr'/�/3//!`�l�Y iN/,:/'y'/e/w-/.>._./ :�%.
Please return the bottom portion with your remittance. Include the lease number on
your check. FOR BILLING QUESTIONS, CALL YAMAHA Commercial Customer Finance AT
1-800-551-2994.
--------------------------------------------------------------
PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR CORP., U.S.A.
Ma, 3362 Momentum Place
Chicago,IL 60689-5333
INVOICE NUMBER MAN 112601
Date Prepared: 091812015
Payment for:
CITY OF FORT WORTH
4200 SOUTH FREEWAY,SUITE#220
FORT WORTH,TX 76115
112601 $ #
Quote Number Amount Paid Date Paid Check Number
*"MAHA
City of Fort Worth Initialed Bv5:�V-1-
-
AMORTIZATION SCHEDULE FOR MUNICIPALITY
CONDITIONAL SALE CONTRACT
PURCHASER: City of Fort Worth
EQUIPMENT SCHEDULE # 112601
Yield: 4.200%
Due Principal
Mon# Date Payment Interest Adiustment Balance
Total Financed........... 46.480.00
1 11128115 809.28 157.17 662.11 45.827.89
2 12/28115 809.28 154.97 654-31 45.173.58
3 01128/16 809.28 152-76 656.52 44.517.06
4 02/28116 809,28 150,54 658.74 43-858.32
5 03/28/16 809.28 148.31 660.97 43-197.35
6 04/28/16 809.28 146.07 663.21 42.534.14
7 05128[16 809.28 142.83 665.45 41.868.69
8 06128/16 809.28 141.58 667.70 41.201.00
9 07128/16 809.28 139.32 669.96 40.531.04
10 08128116 809.28 137.06 672.22 39.858.82
11 09/28/16 809.28 134.78 674.50 39.184.32
.12 10/28116 809.28 132.50 676.78 38.507.55
13 11128/16 809.28 130.22 679-06 37.828.48
14 12128/16 809.28 127.92 681.36 37.147.12
15 01/28117 809.28 125.62 683.66 36.463,46
16 02128117 809.28 123.30 685-98 35.777.48
17 03128117 809.28 120.98 688-30 35.089.18
18 04128117 809.28 118.66 690.62 34.398.56
19 05/28117 809.28 116.32 692.96 33.705.60
20 06/2EV17 809.28 113.98 695-30 33,010.30
21 07/28117 809.28 111,63 697-65 32.312,64
22 08/28117 809.28 109,27 700.01 31.612.63
23 09/28/17 809.28 106,90 7D2.38 30.910.25
24 10/28/17 809.28 104.52 704-76 30.205.50
25 11/28117 809.28 102.14 707-14 29.498.36
26 12/28117 809.28 99,75 7D9.53 28.788.83
27 01[28/18 809.28 97.35 711.93 28.076.90
28 02/28/18 809.28 94.94 714.34 27.362.56
29 03/28/18 809,28 92.53 716.75 26.645.81
30 04/28/18 809.28 90.10 719.18 25.926.64
31 05128/18 809.28 87.67 721,61 25.205.03
32 06128/18 809.28 85.23 724.05 24.480.98
33 07128118 809.28 82,78 726.50 23.754.48
34 08128/18 809.28 80.33 728.95 23.025.53
35 09/28/18 NUB 77,86 731.42 22.294-11
36 10128/18 809.28 75.39 73189 21-560.22
37 11128118 809,28 72.91 736.37 20.823.85
38 12/28118 809.28 70.42 738.86 20.084.99
39 01128/19 809.28 67.92 741.36 19.343.63
40 02/28/19 809.28 65,41 743.87 18.599.76
41 03/28/19 809,28 62.90 746.38 17.853.37
42 04128/19 809.28 60.37 748.91 17.104.47
43 05/28119 809.28 57.84 751.44 16.35103
44 06128119 809.28 55,30 753.98 15.599.04
45 0708/19 809.28 52.75 756.53 14,842.51
46 08/28119 809,28 50-19 759.09 14.083.42
47 09128/19 809.28 47.62 761.66 13.321.77
48 10128/19 809.28 45.05 764.23 12,557.54
Totals: 38,845.44 4,922.98 33,922.46
(O YAMAHA
YAMAHA MOTOR CORPORATION, U.S.A.
6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101 800-551-2994 FAX 714-761-7363
September 8,2015
CITY OF FORT WORTH
ATTN: Silva
4200 SOUTH FREEWAY, SUITE#220
FORT WORTH,TX 76115
Dear Silva:
Enclosed you will find the documentation for your conditional sale purchase of 3 YT2A BEV UNIT
Yamaha golf cars. The documents enclosed in the package include the following:
Equipment Schedule#112600
Request for Insurance
Certificate of Acceptance
Invoice For First Payment
Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight
return envelope.
The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation.
If the city requires the use of Purchase Orders,please provide one with your documents. However, if they are not required
please include a signed statement on official city letterhead stating that a purchase order will not be required for this
transaction.
We appreciate your continued business and thank you for choosing us to service your financing needs. If you should have
any questions,please give us a call at 800-551-2994.
Sincerely,
Stacey L. Stankey
YAMAHA
CONDITIONAL SALE EXHIBIT A
EQUIPMENT SCHEDULE# 112600
Dated September 08,2015
1. This Schedule covers the following property("Equipment"):
3 YT2A BEV UNIT GOLF CARS
2. Location of Equipment:
VARIOUS LOCATIONS
VARIOUS LOCATIONS
FORT WORTH,TX 76115
3, The Terms for the Equipment described herein shall commence on _ November 28,2015 and shall
consist of 48 months from the first day of the month following said date.
4. The down payment of the Equipment shall be$ $0.00
5. Payments on the Equipment shall be due on the following schedule.
Schedule of Payments:
48 MONTHLY PAYMENTS IN THE AMOUNT OF$573.48(APPLICABLE TAXES TO BE BILLED).
STARTING NOVEMBER 2015 AND ENDING OCTOBER 2019, DUE THE 28TH DAY OF THE MONTH AS FOLLOWS:
Nov-15$573.48 Jan-16$573.48 Jan-17$573.48 Jan-18$573.48 Jan-19$573.48
Dec-15$573.48 Feb-16$573.48 Feb-17$573.48 Feb-18$573.48 Feb-19$573.48
Mar-16$573.48 Mar-17$573.48 Mar-18$573.48 Mar-19$573.48
Apr-16$573.48 Apr-17$573.48 Apr-18$573.48 Apr-19$573.48
May-I6$573.48 May-17$573.48 May-18$573.48 May-19$573.48
Jun-16$573.48 Jun-17$573.48 Jun-18$573.48 Jun-19$573.48
Jul-16$573.48 Jul-17$573.48 Jul-18$573.48 Jul-19$573.48
Aug-16$573.48 Aug-17$573.48 Aug-18$573.48 Aug-19$573.48
Sep-16$573.48 Sep-17$573.48 Sep-18$573.48 Sep-19$573.8
Oct-16$573.48 Oct-17$573.48 Oct-18$573.48 Oct-19$573.48
Nov-16$573.48 Nov-17$573.48 Nov-18$573.48
Dec-16$573.48 Dec-17$573.48 Dec-18$573.48
6. The final purchase price for the purchase of the Equipment at the expiration of this Agreement shall be $9,000.00
7. Other Terms:
Interest Factor: 4.200 %
Yamaha is not obligated to perform or provide any service,under any circumstances under the terms of this contract. Service is the
responsibility of the Purchaser. Failure by Purchaser to maintain or service the equipment consistent with the terms of the Master
Agreement shall not relieve Purchaser of the responsibility under the Master Agreement.
Signed Counterparts: The parties agree that this Agreement may be signed in counterparts,that delivery of an executed counterpart
of the signature page to this Agreement by fax,email or other electronic means shall be as effective as delivery of a manually
executed counterpart,and any failure to deliver the original manually executed counterpart sent by fax,email or other electronic
means shall not affect the validity,enforceability or binding effect of this Agreement. Notwithstanding any other provision of this
Agreement,the sole original of this Agreement shall be the Agreement bearing the manually executed signature of the Purchasor.
The Purebasor,by making any payment required under this Agreement ratifies all of the terms of this Agreement.
This Equipment Schedule and Acceptance Guidelines are issued pursuant to the Agreement dated September 08,2015
All of the terms and conditions,representations and warranties of the Agreement are hereby into orated herein and made a part
hereof as if they were expressly set forth in this Equipment Schedule.
CITY F FORT WORTH YAMAHA M T CO TI N U.S.A.
1 ti
�n By ✓VLt, a By
Signature Signature
P -�'") 14 €�9 .� Name: KiinRuiz
f
Name: � a
Type or Print Type or Print
. .& ,.
Title. Title: Vice President �r'� ` rz f It:,f
� I
COMMERCIAL CUSTOMER FINANCE
6555 Katella Avenue, Cypress, CA 90630
(800) 551-2994, Fax(714)761-7363
E-MAIL: Donna_Hennessy @ yamaha-motor.com
NAME OF INSURANCE AGENT: September 08, 2015
HUB INTL RIGG
ADDRESS: 777 MAIN STREET#C50
carole.wendorf @hubinternational.com Please Reference our Quote# 112600
FORT WORTH,TX 76102
PHONE: (817) 820-8100
FAX: ,(817) 870-0310
RE: VARIOUS LOCATIONS (Customer) Account
The Customer has purchased and will be financing equipment from Yamaha.
The Customer is required to provide Yamaha with the following insurance coverage:
"All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an
amount not less than the full replacement cost of the property,with Yamaha named as LOSS PAYEE.
Each policy shall provide that: (i) Yamaha will be given not less than thirty(30) days prior written notice of cancellation or
non-renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the
policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of
the policy or the Customer's application therefore.
A Certificate evidencing such coverage should be mailed to Yamaha at the following address.
Yamaha Motor Corporation, U.S.A.
Attn: Commercial Customer Finance
6555 Katella Ave
Cypress, CA 90630
Your Prompt attention will be appreciated. Very Truly Yours,
Equipment Covered: CITY OF FORT WORTH
3 YT2A BEV UNIT GOLF CARS (Name bf Debtor)
II
Equipment Location: ( ig re of Authorized Officer)
VARIOUS LOCATIONS `Title
------.__. FORT WORTH,TX 76115 ..__.__._ _._ .._.�__ _._ �.. .. __. _�.._..___.__
i
i
CERTIFICATE OF ACCEPTANCE
This certificate is executed pursuant to Equipment Schedule# 112600
dated September 08, 2015 to the Conditional Safe Agreement dated
September 08 2015 between Yamaha Motor Corporation, U.S.A.
(the"Seller")and CITY OF FORT WORTH
(the"Purchaser").
The Purchaser hereby certifies that the Equipment set forth below, as also described in the above
Equipment Schedule, has been delivered and accepted by the Purchaser on the Commencement
Date shown below.
EQUIPMENT SERIAL
QUANTITY TER
NUMBER NEWIUSED LOCATION
3 YT2A BEV UNIT GOLF CARS sBe NEW VARIOUS LOCATIONS
attachment VARIOUS LOCATIONS
FORT WORTH,TX 76115
ADDITIONAL CONDITIONS/SPECIAL TERMS:
Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of
the Equipment.
CITY OF FORT WORTH
as P hpser
By. ,
?` Name:( J OEM
Title: ` + C
a
4
PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR CORP., U.S.A.
® ' I 3362 Momentum Place
Chicago,IL 60689-5333
INVOICE NUMBER: MAN 112600
Date Prepared.091812015
CITY OF FORT WORTH
4200 SOUTH FREEWAY,SUITE#220
FORT WORTH,TX 76115
Due Date Quote No Description Amount Due
,. .rv�F, /i„',✓ / i%e:`//,., /_ i . . _�/. ...s.6/._r./ ✓./i.,i, /_/. /..,.::/ .</ii..a: /i i.i,'i;, /1/,..iii /i./Y.v ., /71
112600 3 YT2A BEV UNIT GOLF CARS for Municipal Conditional Sale
Cars located at: VARIOUS LOCATIONS
1112812015 Payment $573.48
Payment Tax $0.00
YOUR ACCOUNT BALANCE IS----------------- $573.48
Please return the bottom portion with your remittance. Include the lease number on
your check. FOR BILLING QUESTIONS, CALL YAMAHA Commercial Customer Finance AT
1-800-551-2994.
--------------------------------------------------------------
PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR CORP., U.S.A.
171 Ji I,,1 11 F3 3362 Momentum Place
Chicago,IL 60689-5333
INVOICE NUMBER MAN 112600
Date Prepared. 091812015
Payment for:
CITY OF FORT WORTH
4200 SOUTH FREEWAY,SUITE#220
FORT WORTH,TX 76115
112600 $ #
Quote Number Amount Paid Date Paid Check Number
A*YAMAHA
City of Fort Worth I i laled By:
AMORTIZATION SCHEDULE FOR MUNICIPALITY
CONDITIONAL SALE CONTRACT 44.
PURCHASER: City of Fort Worth
EQUIPMENT SCHEDULE# 112600
Yield. 4.200%
Due Principal
Mon# Date Payment Interest Adiustment Balance
Total Financed........... 32.997.32
1 11/28/15 573.48 111-59 461.89 32,535,43
2 12/28115 573.48 110-03 463.45 32,071.98
3 01128116 573.48 108.46 465.02 31.606.96
4 02/28116 573.48 106.89 466.59 31.140.36
5 03/28116 573,48 105,31 468.17 30.672.19
6 04/28116 573.48 103,73 469.75 30.202.44
7 05/28/16 573.48 102.14 471.34 29.731.10
8 06128/16 573.48 100,54 472.94 29.258.16
9 07/28/16 573.48 98,94 474.54 28.783.62
10 08128/16 573,48 97.34 476.14 28.307.48
11 09128/16 573.48 95.73 477.75 27.829.73
12 10/28/16 573.48 94.11 479.37 27350.36
13 11128116 573.48 '92,49 480.99 26.869.38
14 12/28116 573.48 90.87 482.61 26.386.76
15 01128117 573.48 8923 484.25 25.902.52
16 02128/17 573.48 87,60 485.88 25.416.63
17 03128117 573.48 85-95 487.53 24.929.11
18 04128117 573.48 84.30 489.18 24.439.93
19 05128/17 573.48 82,65 490.83 23,949.10
20 06128117 573.48 80.99 492.49 23,456.61
21 07/28117 573.48 79.32 494.16 22.962.45
22 08/28/17 573.48 77.65 49583 22.466.63
23 09128/17 573.48 75.98 497-50 21,969.12
24 10128/17 573.48 74.29 499-19 21,469,94
25 11/28117 573.48 72,61 500.87 20.969.07
26 12128117 573.48 70.91 502.57 20.466.50
27 01128118 673.48 69.21 504.27 19.962.23
28 02/28118 573.48 67.51 505.97 19.456.26
29 03/28/18 573.48 66,80 507.68 18.948.57
30 04/28118 573.48 64.08 509.40 18.439.17
31 05/28/18 573.48 62.36 511.12 17-928.05
32 06/28/19 573.48 60.63 512.85 17.415.20
33 07/28/18 573.48 58.89 514-69 16-900-61
34 08/28118 573.48 57.15 516.33 16.384.29
35 09/28118 573.48 55-41 518.07 15,866.21
36 10128/18 573.48 53.66 519.82 15,346.39
37 11/28/18 573.48 51.90 521.58 14,824.81
38 12128/18 673.48 50.13 523.35 14.301.46
39 01/28/19 573.48 48.36 525.12 13.776.35
40 02/28119 673.48 46.59 526.89 13.249.45
41 03/28119 573.48 44-81 528.67 12.720.78
42 04128119 573.48 43.02 530.46 12.190.32
43 05/28/19 573.48 41.22 532.26 11.658.06
44 06128/19 573,48 39.42 534.06 11-124.01
45 07128119 573-48 37.62 535.86 10.588.15
46 08/28/19 573-48 35.81 537.67 10.050.47
47 09128119 573A8 33.99 539.49 9.510.98
48 10128119 573.48 32.16 541.32 8,969.67
Totals: 27,527.04 3,499.39 24,027.66
""'J"b,
4YAMAHA
Golf-Car Company
SERVICE PROVIDED TO THE CITY OF FT. WORTH GOLF
COURSES, TEXAS
Yamaha Golf-Car Company agrees to provide service for items not covered under
warranty to the fleet of golf cars and utility vehicles at the City of Ft. Worth at the rate of
$65.00 per hour for the first year, $70.00 per hour for years 2 & 3, and $75.00 per hour for
years 4 & 5. This hourly rate includes on-call and after-hours service through the five-year
Conditional Sales Contract for new cars, and for any Seasonal Lease units. In addition,
Yamaha Golf-Car Company agrees that there will be no trip charge for repairs not covered
under warranty.
A Yamaha Fleet Service Technician or authorized Dealer will contact each golf course
monthly (1St year and November, December, January, February, and March in subsequent
years), or every other week April through October, inclusive, beginning in year two to
inquire what service or warranty work, if any is needed. If service or warranty work is
required, the service technician or dealer will visit the course to perform repairs. The
service technician or dealer will be available on call to perform any needed service or
warranty repairs. The courses may also call the service technician or designated dealer at
any time to request service or warranty repairs.
Parts needed for service repairs will be charged to the City of Ft. Worth at Yamaha Dealer
cost.
Immediate service or warranty repairs needed due to large, full-field tournaments, etc. will
be performed within 48 business hours of receiving the call. Any repairs or warranty items
needing repairs that require major components (i.e. chassis, motor, transaxle) that the
service technician is required to order will be repaired within 48 business hours of the
technician receiving the major component. Yamaha will provide loaner units (up to 5) in
the event service or repairs cannot be performed within the 48 business hour commitment,
Yamaha (Golf-Car Company e i of Ft. Worth, TX Date
Su" an Alanis, Assistant City Manager
Attested b
—,Nip D AS To p()
Y ... � ed AND LEGALITY,.
. v
i ec eta ,) `� ssistant City tl r ey
Mar, w°K ys r Guillermo Wi�: $. Trevino
r V
4YAMAHA
Golf-Car
Company Y v.
ANNUAL SERVICE PROVIDED TO THE CITY OF FT. WORTH
GOLF COURSES, TEXAS
Yamaha Golf-Car Company agrees to provide annual service for the fleet of
golf cars and utility vehicles at the City of Ft. Worth for $50.00 per car per
year. This will include parts and labor. Parts include air filter, pre filter, oil,
fuel filter, and spark plug. The technician will change and install new service
parts, properly dispose of the oil, grease the secondary clutch, and do a
complete diagnosis of the car. This will most likely take place in the off-season
when the cars are more available.
Yamaha Golf-Car Company Date ity o Ft. Worth,TX Date
us n Alanis, Assistant City Manager
Attested by:
FF
.a
iPPRbV1GD AS TO FO Any??r�r p rTy:
Assistant City Attorney
Mary Kayser �` a�®� �' Guillermo (Will) S. Trevino
I r
c
{
r
-J
� r r f� 4�@� 1 7�� sc
Official site of the Q�y�oF Fort ort Texas'
>� � r 7�,1i
DATE: 11/3/2015 REFERENCE NO.: P'-1 LOG NAME: 13P15-0355 GOLF
VEHICLES LSJ
CODE; P TYPE: CONSENT PUBLIC
HEARING:
SUBJECT: Authorize Agreements with Yamaha Motor Corporation, U.S.A. for Lease of Golf„ Utility
and Beverage Carts and Authorize Agreement with Yamaha Golf-Car Company for
Service of Leased Vehicles for the Park and Recreation Department with a Combined
Annual Amount Up to $141,149.00, Using a Cooperative Contract (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize Agreements with Yamaha Motor,Corporation, .S.A. for
lease of golf, utility and beverage carts and authorize an .Agreement with Yamaha Golf-Car Company for
service of leased vehicles for the Park and Recreation Department with the total combined cost of the
contracts being up to $141,140..00 annually, using Buayboard Cooperative Contract No. 447-14.
DISCUSSION:
The Park and Recreations Department will use these Agreements to lease and service golf, utility and
beverage carts that will be rented to patrons and utilized by golf course staff at most of the City golf
courses. A lease with sell-back option will be executed with Yamaha Motor Corporation, U.S.A. and
Service Agreement will be executed with Yamaha Golf-Car Company for repairs, maintenance and parts
not covered under the standard manUfactuurer's warranty.
Lease of the golf carts, covering 216 vehicles, will be for a period of 60 months Because the utility and
beverage carts are subject to greater wear, they will only be leased for a period of 48 months. The
requested contract amount provides funding for seven r.rtility carts and three beverage carts. The first-year
cost for all of the vehicles leases is approximately $126,024.00.
For non-warranty repairs, service will be billed at the following hourly rates; $65.00 during the first year;
$10.00 during the second and third years; and $15.00 during the fourth and fifth years. Replacement parts
for non-warranty repairs will be billed separately. The City anticipates spending $13,125.00 for non-
warranty labor and repair parts during the first year.
BID TABULATION:
-.._.m
r� ru t�,ra _....... ........_
.._ (��a »8:aty � �Ja�aort F"�a�:� �4�mu�� q�����fl:
...._...M _ __ ._..__.
� 1„�;�o.o�
.._
_..._ $11J ,1.24
191,16 "Libor 1 s„s,z .ruo sA _......._
_ 6z.�.o
- _ _ - — T_
PRICE ANALYSIS Yamaha is offering a 10 percent discount off the catalog pricelist for golf vehicles and
services. The prices are 20 percent less than the previous prices awarded in 2011 (M&C P-11276). Prices
have been reviewed by Staff and deemed fair and reasonable based on the current market value.
COOPERATIVE PURCHASE.- State law provides that a local government purchasing an item under
Cooperative Purchasing Agreement satisfies state laws reguriring that the local government seek
competitive bids for purrchase of the item. Buyboard contracts have been competitively bid to increase and
simplify the purchasing power of government entities,
ADMINISTRATIVE CHANGE ORDER -An administrative change order or increase may be made by the
City Manager in the amount up to $35,287.00 and does not require specific City Council approval as long
as sufficient funds have been appropriated.
M OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Purchasing Division and approved by the BE Office, in accordance with the BDE Ordinance, because
the purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible,
AGREEMENT TERM - Upon City Council's approval this Agreement shall begin on November 3, 2015 and
expire May 31, 2016 to coincide with the expiration date of the Buyboard Contract,
RENEWAL - The Agreement for non-warranty labor and repair parts may be renewed for up to one
additional one-year term at the City's option. This action does not require specific City Council approval
provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the
renewal term. Staff anticipates spending the same amount in each renewal year..
LEASE TERM -The 60 month lease of golf carts and 48 month lease of utility and beverage carts will begin
on execution of the contract.
REVENUE NOTE -The majority of the contract costs will be offset by revenue. Unaudited numbers for
Fiscal Year 2015 reflect cart rental income of$750,131.00 at the courses in question. In addition, use of
the beverage carts resulted in other Income from sale of refreshments.
of courses are classified as Citywide Special Use Facilities, Meadowbrook Golf Course is located in
COUNCIL DISTRICT 4, Pecan Valley Golf Course is located in COUNCIL DISTRICT 3, and Sycamore
Creek of Course is located in COUNCIL DISTRICT 8, Because Rockwood Golf Course is currently
undergoing major renovations, no carts are included for that site. Following re-opening of the course, Staff
will bring forward an M&C for vehicles at that location, The City golf courses serve ALL COUNCIL
DISTRICTS,
FISCAL INFORMATION/CERTIFICATION:
The approval of this action provides purchasing authority up to $141,148.00, as specified. The Financial
Management Services Director certifies that funds are available In the Operating Budget, as appropriated,
of the Municipal of Fund,
BQN\1 5-0355\LSJ
TO
partment oo_o_uni ' Program kativi
ty ID Yea:
I..-............. �rtfi�ld
FROM
rogr,arn Budli t Reference# Xin_o_unt
C �n
Year (Chartfi Id
Fund Depa'rii�i oi'6je�ij_p. .....
............
............................. ...................... .........
Submitted for gly Man. Susan Alanis (61 0)
jge!�s Office by.:..
Aaron Bovos (8517)
LaK to Slack (8314)
Additional Information Contact: Jack Dale (8357)
ATTACHMENTS