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HomeMy WebLinkAbout471898 YAMAHA MOTOR CORPORATION - CONTRACT - BID - 7101 GOLF CARTS - 2010 PHASE 2J Commercial Customer Finance MUNICIPAL MASTER LEASE AGREEMENT MODIFIED 3-31-10 - SS Page 1 of 4 MLSE0906 OYAMAHA MOTOR CORPORATION, U.S.A. MODIFIED MASTER LEASE AGREEMENT (the "Lease") dated March 25, 2010 between YAMAHA MOTOR CORPORATION, U.S.A., having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 ("Lessor'), and CITY OF FORT COLLINS having its principal office at PO BOX 580. FORT COLLINS, CO 80522 ("Lessee"). Lessor and Lessee hereby agree as follows: 1. Lease of Equipment. Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the "Equipment"), on the terms and conditions of this Lease and the applicable Equipment Schedule attached hereto. 2. Term. The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on the Equipment Schedule and shall continue for the number of months indicated on the Equipment Schedule. . 3. Rent. Lessee shall pay Lessor rent for the Equipment ("Rent") in the amounts and at the times set forth on the applicable Equipment Schedule. The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices quoted in the Request for Proposal identified on the applicable Equipment Schedule ("RFP"), together with an interest factor at the rate specified in the applicable Equipment Schedule. Whenever any payment hereunder is not made when due, Lessee shall pay interest on such amount from the due date thereof to the date of such payment at the lower of Lessors then prevailing rate for late payments specified in Lessors invoice to Lessee for such payment or the maximum allowable rate of interest permitted by the law of the state where the Equipment is located. 4. Selection. Delivery, and Acceptance. Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized dealer of Lessor (the "Dealer"). All costs of delivery are the sole responsibility of Lessee. Lessor shall not be liable for any loss or damage resulting from the delay or failure to have any Equipment available for delivery. Lessee shall inspect the Equipment to determine that the Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by Lessee to Lessor or Dealer. Lessee shall accept the Equipment if it meets the criteria set forth in the preceding sentence and shall execute and deliver to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor, with respect to each shipment of Equipment. For all purposes of this Lease, acceptance is conclusively established by Lessee's execution and deliver of a Certificate of Acceptance provided by Lessor. Lessee authorizes Lessor to insert in each Equipment Schedule the serial numbers and other identifying date of the Equipment. 5. Location and Insoection. Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule without Lessor's prior written consent. Upon reasonable notice to Lessee, Lessor and its representatives shall have the right from time to time during business hours to enter upon the premises where the Equipment is located to inspect the Equipment and Lessee's records to confirm Lessee's compliance with this Lease. 6. Care. Use and Maintenance. Lessee shall, at its expense, at all times during the term of this Lease, keep the Equipment clean, serviced, and maintained in good operating order, repair, condition, and appearance in accordance with Lessors manuals and other instructions received in writing from Lessor. Lessee will not use or operate the Equipment, or permit the Equipment to be used or operated, in violation of any law. ordinance or governmental regulations. The Equipment will be used and operated only as golf cars. Lessee shall safely store the Equipment when not in use and properly secure it at night and such other times when the golf course on which the Equipment Is used is closed to play, and Lessee shall be solely responsible for such storage and safekeeping. If the Equipment is electriral. Lessee shall provide sufficient and adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment. 7. Insurance. Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided herein, Lessee relieves Lessor of responsibility for all risk of physical damage to or casualty loss or destruction of all the Equipment, howsoever caused. During the continuance of this Master Lease, Lessee shall at its own expense, cause to be carried and maintained with respect to each item of Equipment designated in each Equipment Schedule public liability insurance in an amount of not less then $1.000,000, and casualty insurance, in each case in amounts and against risk customarily insured against Lessee in similar equipment and, in amounts and against risk acceptable to Lessor. All policies with respect to such insurance shall name Lessor as additional insured and as loss payee, and shall provide for at least thirty (30) days' prior written notice by the underwriter or insurance company to Lessor in the event of cancellation or expiration of any such policies. Lessee shall, upon request of Lessor, furnish appropriate evidence of such insurance to Lessor. Lessee shall bear the entire risk of loss, theft, destruction or damage to the Equipment from any cause whatsoever and shall not be relieved of the obligation to pay the total of the monthly payments or any other obligation hereunder because of any such occurrence. In the event of damage to any item of Equipment leased hereunder, Lessee, at its sole expense, shall immediately place the same in good repair and operating condition. In no event shall Lessor be liable for any loss of profit, damage, loss, defect or failure of any item of Equipment or the time which may be required to recover, repair, service, or replace the item of Equipment. 8. Storage. Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism. 9. Title. Title to the Equipment shall at all times remain with the Lessor. Lessee acquires only the interests of Lessee expressly described in this Lease and the applicable Equipment Schedule attached hereto. Lessee shall not remove, move, or cover over in any manner any serial number on the Equipment. Lessee shall keep all Equipment free from any marking or labeling which might be interpreted as a claim of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor. 10. Warranties. The Equipment is warranted only in accordance with the manufacturers warranty. EXCEPT AS EXPRESSLY PROVIDED IN THE MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INTERFERENCE. Page 2 of 4 MLSE0906 11. Alterations and Attachments. Lessee may, with Lessor's prior written consent, make such cosmetic modifications to the Equipment as Lessee may deem desirable in the conduct of its business; provided, however, that such alterations shall not diminish the value or utility of the Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof; and provided, further, that such modification shall be removable without causing damage to the Equipment. Upon return of the Equipment to Lessor, Lessee shall, if Lessor so elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear and tear and depreciation excepted. 12. Taxes. . In the e_�Ve_nt that any sush tax be LeSSOF du�is@ the teFm of 1his Lease, Lessee shall pay to Les5eF a Lessee shall collect and remit any and all sales, use, and other taxes payable in any state, county, or city in respect of the rental or other use of the Equipment by Lessee. 13. Indemnity; Notice of Claim. TO THE EXTENT PERMITTED BY LAW, Lessee shall be liable for, and hereby indemnifies Lessor and holds Lessor harmless from and against, any and all claims, costs, expenses, damages, losses, and liabilities (including, with limitation, attorneys' fees and disbursements) arising in any way from the gross negligence or misconduct of Lessee or Lessee's agents and independent contractors, or their respective employees. Lessee shall give Lessor prompt written notice of any claim arising out of the possession, leasing, renting, operation, control, use, storage, or disposition of the Equipment. It is understood and agreed that with respect to any claim or liability hereby indemnified against, Lessee shall be entitled to control the defense thereof, so long as Lessee is not in default hereunder. 14. Return of Equipment. Upon the termination of an Equipment Schedule for any reason, unless Lessee is thereupon purchasing the Equipment from Lessor, Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee's location at which the Equipment was used hereunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating order, repair, condition, and appearance as when received by Lessee, less normal depreciation and wear and tear (which shall not include damaged or missing tires or wheels). 15. Defaults. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Lease: (a) default by Lessee in the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule as and when the same becomes due and payable; or (b) default by Lessee in the performance of any other material term, covenant or condition of this Lease„ or (c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors shall be filed by or against Lessee; or (d) The voluntary or involuntary making of any assignment of a substantial portion of its assets by Lessee for the benefit of creditors shall occur: a receiver or trustee for Lessee or for Lessee's assets shall be appointed; any formal or informal proceeding for dissolution, liquidation, settlement of claims against or winding up of the affairs of Lessee shall be commenced: (e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder; or 16. Remedies. Upon the occurrence of an Event of Default, Lessor, at its option, may pursue any one or more of the following remedies, provided notice of default is given by Lessor to Lessee by certified mail or overnight carrier and Lessee shall have at least thirty (30) days after receipt of such notice within which to cure such default as specified in Paragraph 15 of this Lease. Any such remedy available to Lessor hereunder may be pursued in such order or manner as Lessor determines, Each such remedy is cumulative and not exclusive of any other remedy provided herein or under applicable law: (a) terminate all or any portion of the Equipment Schedules to this Lease; (b) with or without terminating this Lease, take possession of the Equipment, with or without judicial process, Lessee hereby granting Lessor the right and license to enter upon Lessee's premises where the Equipment is located for such purpose; (c) proceed by appropriate court action, either at law or in equity, to enforce performance by Lessee of the applicable covenants and terms of this Lease, or to recover from Lessee any and all damages or expenses, including reasonable attorneys' fees, which Lessor shall have sustained by reason of Lessee's default in any covenant or covenants of this Lease, or on account of Lessor's enforcement of its remedies thereunder; without limiting any other damages to which Lessor may be entitled, Lessor shall be entitled upon an Event of Default to damages in an amount equal to all Rent then due but unpaid, plus the aggregate amount of Rent thereafter coming due for the remaining term of this Lease, plus Lessor's costs and expenses of pursuing its remedies hereunder (including, without limitation, attorneys' fees), minus all amounts received by Lessor after using reasonable efforts to sell or re -lease the Equipment after repossession or from any guaranty by the Dealer or any third -party; and (d) sell the Equipment or enter into a new lease of the Equipment. No delay by Lessor in pursuing any remedy shall be treated as a waiver of or limitation on such remedy or any other remedy. 17. Assignment. Neither Lessee nor Lessor shall transfer, assign, or sublease (except for rentals to players as contemplated hereunder in the ordinary course of business), or create, incur, assume, or permit to exist any security interest, lien, or other encumbrance on, the Equipment, this Lease, or any interest of Lessee therein. 18. Lessee's Representations and Warranties. Lessee represents and warrants to Lessor that: (a) Lessee has the authority under applicable law to enter into and perform this Lease and each Equipment Schedule hereto; (b) Lessee has taken all necessary action to authorize its execution, delivery, and performance of this Lease and each Equipment Schedule hereto; (c) the Lease and each Equipment Schedule and rider hereto have been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee's legal, valid, and binding obligations, enforceable in accordance with their terms; (d) adequate funds have been budgeted and appropriated to enable Lessee to make all payments required under each Equipment Schedule to this Lease during the first twelve months of the term hereof. 19. Non -Appropriation of Funds. Lessee reasonably believes that it will have a need for the Equipment for the duration of the Lease Term provided under a Lease and that funds will be available and appropriated to make all payments for the Lease Term provided under the Lease, howeVbr, the availability of funds in future fiscal years is dependent upon appropriation of funds by Lessee's City Council, which appropriation is entirely discretionary. Page 3 of 4 MLSE0906 X k Lessee will seek funding each year as part of its Budget process. If funds intended for the continued leasing of the Equipment for any ensuing fiscal period are not appropriated for such purpose, Lessee may terminate the Lease for which funds were not appropriated at the end of the fiscal period then in effect for such Lease without penalty. Lessee will notify Lessor at least thirty (30) days prior to the expiration of the fiscal period if funds are not available for the payments required under a Lease by reason of nonappropriation of funds as set forth above. Upon termination of such Lease for non -appropriation, if Lessee has not exercised the Option to Purchase, Lessor shall be entitled to take possession of the Equipment. Lessee shall prepare the equipment for pickup by Lessor within a reasonable period of time following termination. This section is not intended to permit Lessee to terminate the Lease in order to purchase, lease, rent or otherwise acquire other golf carts for rental to the golfing public and that the Lessee will not so purchase, lease, rent or otherwise acquire any such golf carts during the fiscal period in which such termination is effective Lessor and Lessee understand and intend that the obligation of Lessee to pay rentals under the Lease shall constitute only a current expense of Lessee and shall not constitute or give rise to a general obligation or other indebtedness of Lessee within the meaning of any constitutional or statutory provision or limitation, nor a mandatory charge or requirement against Lessee in any ensuing fiscal year beyond the then current fiscal year. 20. Binding Effect: Successors and Assigns. This lease and each Equipment Schedule and rider hereto shall be binding upon and shall inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns. All agreements and representations of Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and delivery of this Lease and the expiration or other termination of this Lease. 21. Notices. Except as otherwise set forth herein, any notice, request or other communication to either party by the other shall be given in writing and shall be deemed received only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be, at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of either party. 22. Governing Law. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the laws of the State where Lessee's principal administrative offices are located without giving effect to the conflicts of laws principles of such state. 23. Severability. In the event any one or more of the provisions of this Lease or any Equipment Schedule or rider hereto shall for any reason be prohibited or unenforceable in any jurisdiction, any such provision shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 24. Signed Counterparts. The parties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart of the signature page to this Lease 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 Lease. Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease bearing the manually executed signature of the Lessor. The Lessee, by making any payment required under this Lease rates all of the terms of this Lease/Agreement. 25. Intentionally deleted. 26. Statute of Limitations. Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced within three (3) years after the cause of action accrues. 27. Entire Agreement. This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and Lessee with respect to the subject matter hereof, and there are no agreements, representations, warranties, or understandings with respect to such subject matter except as expressly set forth herein and therein. No alternation or modification of this Lease or any Equipment Schedule or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee. IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed on the date first above written. �-y2� i _ e-k uq-- To- sea A4 f YAMAHA MOTOR CORPORATION. U.S.A. as Lessor By: Print Name: Patrick Breene Title: Senior Vice President Page 4 of 4 MLSE0906 (Ov. A.MAHA City of Fort Collins X AMORTIZATION SCHEDULE FOR MUNICIPALITY MUNICIPAL LEASE AGREEMENT LESSEE: City of Fort Collins EQUIPMENT SCHEDULE # 95950 Yield: 4.880% Due Mon # Date Pavment Interest 1 05/15/10 15,636.00 1,048.52 2 06/151, 0 0.00 999.43 3 07/15/10 0.00 1.003.36 4 08/15/10 15,636.00 1,007.30 5 09/15/10 0.00 958.05 6 10/15/10 0.00 961.82 7 11/15/10 15,636.00 965.59 8 12/15/10 0.00 916.18 9 01/15/11 0.00 919.78 10 02/15/11 15,636.00 923.39 11 03/15/11 0.00 873.82 12 04/15/11 0.00 877.25 13 05/15/11 15,636.00 880.70 14 06/15/11 0.00 830.95 15 07/15/11 0.00 834.22 16 08/15/11 15,636.00 837.49 17 09/15/11 0.00 787.58 18 10/15/11 0.00 790.67 19 11/15/11 15,636.00 793.78 20 12/15/11 0.00 743.69 21 01/15/12 0.00 746.61 22 02/15/12 15,636.00 749.55 23 03/15/12 0.00 699.29 24 04/15/12 0.00 702.03 25 05/15/12 15,636.00 704.79 26 06/15/12 0.00 654.35 27 07/15/12 0.00 656.92 28 08/15/12 15,636.00 659.51 29 09/15/12 0.00 608.89 30 10/15/12 0.00 611.28 31 11/15/12 15,636.00 613.68 32 12/15/12 0.00 562.89 33 01/15/13 0.00 565.10 34 02/15/13 15.636.00 567.32 35 03/15/13 0.00 516.35 36 0411.5/13 0.00 518.37 37 05/15/13 15,636.00 520.41 38 06/15/13 0.00 469.25 39 07/15/13 0.00 471.09 40 08/15/13 15,636.00 472.94 41 09/15/13 0.00 421.60 42 10/15/13 0.00 423.25 43 11 /15/13 15,636.00 424.92 44 12/15/13 0.00 373.38 45 01/15/14 0.00 374.85 46 02/15/14 15,636.00 376.32 47 03/15/14 0.00 324.59 48 04/15/14 0,00 325.87 Totals: 260,176.00 33,068.97 Initialed By. u v� EXHIBIT A EQUIPMENT SCHEDULE # 95950 Dated 03/25/2010 1. This Schedule covers the following property ('Equipment"): 76 YDRE GOLF CARS 2. Location of Equipment: COLLINDALE GOLF COURSE 1441 E. HORSETOOTH ROAD FORT COLLINS, CO 80525 3. The Lease term for the Equipment described herein shall commence on _ May 15, 2010 and shall consist of 48 months from the first day of the month following said date. 4. Rental payments on the Equipment shall be in the following amounts, payable on the following schedule: 16 MONTHLY PAYMENTS IN THE AMOUNT OF $15,636.00 (APPLICABLE TAXES TO BE BILLED). STARTING MAY 2010 AND ENDING FEBRUARY 2014. DUE THE 15TH DAY OF THE MONTH AS FOLLOWS: May-10 $15,636.00 Feb-11 $15,636.00 Feb-12 $15,636.00 Feb-13 $15,636.00 Feb-14 $15,636.00 Aug-10 $15,636.00 May-11 $15,636.00 May-12 $15,636.00 May-13 $15,636.00 Nov-10 $15,636.00 Aug-11 $15,636.00 Aug-12 $15,636.00 Aug-13 $15,636.00 Nov-11 $15,636.00 Nov-12 $15,636.00 Nov-13 $15,636.00 Interest Factor: 4.88 % Other Terms: Yamaha is not obligated to perform or provide any service, wider any circwnstances wider the terins of the lease agreement. Service is the responsibility of the Lessee. Failure by Lessee to maintain or service the equipment consistent with the terms of the Master Lease Agreement shall not relieve Lessee of the responsibilities under the Master Lease Agreement. Signed Counterparts: The parties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart of the signature page to this Lease 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 Lease. Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the Lease bearing the manually executed signature of the Lessor. The Lessee, by making any payment required under this Lease ratifies all of the terms of this Lcase/Aereement. This Equipment Schedule is issued pursuant to the Master Lease dated, March 25, 2010 (the "Lease"). All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule constitutes a separate lease with respect to the Equipment described herein. LESSE CITY OF FORT COLrLIINNS 1 Q� By Signature h Name: Type or Print x Title: LESSOR: YAM OTO O TION, U.S.A. By: Name: Patrick Breene Title: Vice President Attachment "A" Serial Numbers For: CITY OF FORT COLLINS Lease# M10055950 76 YDREH GOLF CARS .IW2-310399 .IW2-310400 JW2-310411 JW2-310430 JW2-31043 7 JW2-310446 JW2-310452 JW2-310454 JW2-310500 JW2-310511 .IW2-310698 JW2-310699 JW2-310701 JW2-310702 JW2-310703 JW2-310705 IW2-310706 .IW2-310709 .IW2-31071 1 .IW2-310712 JW2-310713 .IW2-310714 JW2-310717 JW2-310727 JW2-310730 JW2-310735 IW2-310737 JW2-310738 JW2-31 1007 .IW2-311015 JW2-31 1022 JW2-31 1023 JW2-311027 JW2-31 1037 JW2-311039 JW2-31 1050 IW2-31 1054 JW2-311056 JW2-31 1057 JW2-311058 JW2-311059 JW2-31 1062 JW2-311063 JW2-31 1066 J W 2-311089 JW2-311 102 .IW2-31 1 106 .IW2-311258 .IW2-31 1262 JW2-311266 JW2-31 1267 IW2-31 1463 .IW2-31 1479 JW2-31 1484 JW2-311485 JW2-31 1486 IW2-31 1487 JW2-31 1488 JW2-31 1489 JW2-311490 .IW2-31 1491 IW2-31 1492 IW2-31 1493 JW2-31 1494 JW2-311495 JW2-31 1497 JW2-31 1504 JW2-311506 JW2-31 1507 .I W2-311510 JW2-31 1513 IW2-31 1683 JW2-311687 JW2-31 1698 JW2-311700 JW2-312053 City of Fort Collins X AMORTIZATION SCHEDULE FOR MUNICIPALITY MUNICIPAL LEASE AGREEMENT LESSEE: City of Fort Collins EQUIPMENT SCHEDULE # 95950 Yield: 4.880% Due Mon # Date Payment Interest 1 05/15/10 15,636.00 1,048.52 2 06/15/10 0.00 999.43 3 07/15/10 0.00 1.003.36 4 08/15/10 15,636.00 1,007.30 5 09/15/10 0.00 958.05 6 10/15/10 0.00 961.82 7 11 /15/10 15,636.00 965.59 8 12/15/10 0.00 916.18 9 01/15/11 0.00 919.78 10 02/15/11 15,636.00 923.39 11 03/15/11 0.00 873.82 12 04/15/11 0.00 877.25 13 05/15/11 15,636.00 880.70 14 06/15/11 0.00 830.95 15 07/15/11 0.00 834.22 16 08/15/11 15,636.00 837.49 17 09/15/11 0.00 787.58 18 10/15/11 0.00 790.67 19 11/15/11 15,636.00 793.78 20 12/15/11 0.00 743.69 21 01/15/12 0.00 746.61 22 02/15/12 15,636.00 749.55 23 03/15/12 0.00 699.29 24 04/15/12 0.00 702.03 25 05/15/12 15,636.00 704.79 26 06/15/12 0.00 654.35 27 07/15/12 O.DO 656.92 28 08/15/12 15,636.00 659.51 29 09/15/12 0.00 608.89 30 10/15/12 0.00 611.28 31 11/15/12 15,636.00 613.68 32 12/15/12 0.00 562.89 33 01/15/13 0.00 565.10 34 02/15/13 15,636.00 567.32 35 03/15/13 0.00 516.35 36 04/15/13 0.00 518.37 37 05/15/13 15,636.00 520.41 38 06/15/13 0.00 469.25 39 07/15/13 0.00 471.09 40 08/15/13 15,636.00 472.94 41 09/15/13 0.00 421.60 42 10/15/13 0.00 423.25 43 11 /15/13 15,636.00 424.92 44 12/15/13 0.00 373.38 45 01/15/14 0.00 374.85 46 02/15/14 15,636.00 376.32 47 03/15/14 0.00 324.59 48 04/15/14 0.00 325.87 Totals: 260,176.00 33,068.97 Initialed By CERTIFICATE OF ACCEPTANCE This certificate is executed pursuant to Equipment Schedule No. 95950 dated March 25, 2010 to the Master Lease Agreement dated March 25, 2010 between Yamaha Motor Corporation, U.S.A. (the "Lessor') and GITY OF FORT COLLINS (the "Lessee"). The Lessee hereby certifies that the Equipment set forth below, as also described in the above Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date shown below. EQUIPMENT SERIAL QUANTITY TYPEIMODEL NUMBER 76 YDRE GOLF CARS See Attachment ADDITIONAL CONDITIONSWECIAL TERMS: NEW/USED LOCATION NEW COLLINDALE GOLF COURSE 1441 E. HORSETOOTH ROAD FORT COLLINS, CO 80525 Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of the Equipment CITY OF FORT COLONS essee X By: as X Nam