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1974-41 Award Bid to Pargo, Inc.~ 6 RESOLUTION N0. 41-74 A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA, AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ENTER INTO A CON- TRACT WIT}I PARGO, INC. IN BEHALF OF THE VILLAGE OF NORTH PALM BEACH ' FOR T}{F, LEASE OF GOLF CARTS AT THE NORTH PAIN BEACH COUNTRY CLUB. BE IT RESOLVED BY T}{E VILLAGE COUNCIL OF NORTH PAIM BEACH, FLORIDA: Section 1. The Mayor and the Village Clerk be, and they are hereby, authorized and. directed to execute a lease with PARGO, INC. for the lease of golf carts by the Village of North Palm Beach at the North Palm Beach Country Club according to the lease attached hereto, marked Exhibit 1, and. by reference made a part hereof. Section 2. The Village Clerk is hereby authorized. and directed to affix the Village Seal to said. contract. ' Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED THIS 13 DAY OF JUNE, 1974. /s/ Walter N. Colbath, Jr. MAYOR ATT{:ST /s/ Dolores R. Walker Village Clerk J LF.Ar;F ACRE;?MEN'P ~~ /l` TFI1S AGRF.F.Mf?N'1', made and ent-c~rerl into this __ 13th - __day of. ;luxe 197 rl t:y and bettvee.n PARGO, -~INC, a NORTH CAROLINA CORI'ORA'1'ION hereinafter referred to as the "hLSSOR" and V7L~L6C,I; OF NOR'I'11 t?4LtA C3t'i,CEt, FLORIDA, a municipal r_orporation o;'ga;,ized and exi~aing ,nx;cr the laws of th^ State of Florida, hcreinafer referr.~d t.o as the "Lese;ee". W7'PNF,SSETH WH7iItT:AS, loth the Lessor and the into an agreement concarninry the Lc~r:sor of golf cars, hereinafter purl,os of suhleasing said car: NOP] TIIGFtEFOR"E, in consideration forth, the pantie; as set forth Lessee are desirous of entering leasing by the 3,essee from the referred to a:; CARS, for the at. NOS<'!:'H PAhly: 13FJ~CII CCiUN'I'i2Y CL,UR. of the r-ovenants'hereinafter set above d, hereby agree as follow: 'Phe Lessor Arlree::: To lease unto the Lessee quantity of cars to hwe and to hold for :+ terra of 12 Months , from the First day of_October 1971 7t is the int.E>nL- of both garties th;rY. this lease then shrill continue for twc, (2) more yearn, renewal to be effected on each anniversary date of this contracts '1'he above CARS shall be t'Art:;O I~I,Et"I' cnRS, together with such battery charging equilment as hk155UR deems wi 11. be needed, su:.h cars to he used : olely by Ldn©c~o fn' i.he Purl='o.;.: of transporting u_olfcrs arouad the golf course i<?c+ntifiecl above. It is also agreed that the"F3ase Fleet" of cars numher.ing 50 will be "Nevi 197x1 Fargo Model 803 Golf Cars to be in- :a-ailed t-rit.hin 30 days from the ef.fect.ive date of this agreement. ]"r;.xdditaon to the base fleet., Lessor agrces'to fut:nish and main-- t:ain three (3) additional vehicles at no charge t.o t.h~ Village of Nor9.h Fa lm Peach, Florida, as follotrs: Ong (1) Fargo "'"Cruclcste~r" appropriately :;quipped and marke;i for "Ranges"use. One (l) Vargo "Truc)tster" appropriately equipp°d and marked for "Greensk.^eper". One (.l) Fargo "Flat Hac}; Body 7'rucl:ster" appropriately equiph~d and mar)ced for "Refreshment:" u.e. Tn procure and,rnaintain at i-ta otm ere^nse public liability !n- surruxce tri th j:d] icy ] imi is of not, less ti':an $L00, 000.00 per per- :on and 3UU,000.00 per accident for bodily i.njus-y and $100,000.00 fo:~ each accident for property darnarye; end r"ire, theft, and ex- te~ndc:.:] c.werarye casualty insurance alipllcahle to said CARS. 'I'o perform major maintenance of said CARS occasioned by normal wear and tear, including repla~cernent of batteries as Lc:Suor deems necessary, anc] at it:; otti'n expanse shall furnish all g:»r.L-s, labor and transportation to c=ffc~ct repairs to .,aid cars. ~; To provide triplicate aontal ticket. farms and ticket machines which shall be used in each instance of subleasing the CARS. 7'o pay a]1 property or and volorem taxes as may be assessed against any of such equipment. The ].~essar shall furnish and pay an employee of Lessor to service and maintain the oars ai the North Palm Reach Country Cluh on the basis of seven days a weak_ 'T'hat the Lessee shall not. be responsible for ordinary wear and tear or for any los.; to said vehicles bj~'fire, theft., or accident except t~rherc such c}amage i_s caui:ed by ncgli-genre on the part-, aS' the Lessee, its employees or by parsons to tr};om it has r'ent;ed :.aiu vehicles. Where such dam~~ge is cau:.ed by neglic+ancc abo,+e annoiai-ed, the Le:+see shall bc• invoiced r'or e.he repairs and;~or r.eplac.~monts necessary and shall pay the lessor for parts ~+nd labor. at. the L,essor's prevail.iny rates. The Lessee Agrees: To ]case from the Lessor a quantify of C?`.i]S to have and to hold for a term of_ 12 months _ _ ! __, from the T'irst day of _ October y ]974 7t is the intent of. both parties that this lease then caniinue for two (2) more years, rsne':ral to be e%fectod on each anniversary date of this contract. The above CA12S shall be Fargo Fleet Cars, t.ogeaher with such k`-sttery ch~rgi.ng equilxnent. as LI.SSOR deem, wi].1 be needed, such cars to be uses] soA'ily by Lessee for the purpose of transpertinq golfers around the golf course is}entifed above. It is also agreed that. the"E1ase Fleet" of oars munk:eri.ng 50 will be "IZat~r 1974 Fargo Model f103 Golf Cars to be inst.alle~] trith3n 30 days from the affective date of this agroement. Pay or cause to be paid all taxes and imposts levied or imposed upon said above-describer] Celt;>, :;ales, amuse;ncnt, and/or u:re taxocr roq,uirc~d by state or local lags shall he collected from the player by the Lessee in adition to the rates as set. for.t.h in paragraph 3. The Lessee shall report. anc] remit such taxes collected t.o the appropri~t.e ta~;ing authority. The l~essae shall sublease said cars to the players at the discretion of the Le:;see at a sublease rate of not .less than $16.00 for an 1£]- hole round and $3.50 for a 9-hole rounc]. An amount equivalent to fort-.y-five percent (4511 for each lEi-hole round anal each 9-hole round f:or which sai.d.:cars ar-e subleased during each month shall be paid b}< the Lessee to the Les::or. Such rents shall. be paid on or before the tenth day of each month to Fargo, luc., P. O. Eox u5105, Charlotte, NC 2£320] . To have each car signed for by each and every sublessee on pre- numbered forms to be provided by Lessor each and every time a car is let out- for play. Rental t'ickc~ts voided by the Lessee for' any rea:;on s1ia11 be marked "vciid" with an explarr.~tion L-here- fore written cn the ticket, signed by [rn authorized agent of the Lessee and returned to the Lessor with the monthly rental.. To submit operational reports for the period covered by said payment. Le:~:;ee shall allow the LGSSOr, upon reasonable notice and upon reasorrrble demand, to er.amine the invoices, books, and records of the Lesi;e:~ as the same pertained the the rental of golf CARS, and shall furthermore allow any qualified acrount-ant or agent of the Lossar t.o make inspection in lieu and in place of said Lessor if desired by the Lessor. To obtain and subrrtit to Lessor in writing within 2A hours thereof, a cor~rplet.e report roncerni.ng any accident or collision involving one of such golf cars. 't'his report st~rall ¢nhtain tl5e n•~me of the party or parties responsible for causing damsge or injury, and forward to the Company the names and adcir_esses of all persons involved in said accident. and all witnesses to the accident or circumstances surrrnnxiinq the acr..ident. The L•et~r+ee and its ropre:;enttatfve>; or employee:: will coop:~rat.e with and comply with al] reasonable requests of the Company or it.s representatives with resper_t. t.o the rove-~stigation and/or settlement of any claims arising from said accident. To furnish approved locked storage space and adequate electricity, eler_trdcal wiring and circuit:: for said cars during the term of this contract,. The Lessee shall pay or cause to he paid all electricity bills. To keep any and all golf cars furnished by lessor hereunder at the golf course identified above and not to allow any such golf cars to bee rernovod from such golf course.wi.thout. the prior written con- :,ent of Lessor. The,tr at. no time will more than two persons be pr-:rmitted to operate or ride such vehicles and further that such CARS shall be used only to transport golfing equx}~nent and individuals whi).e playing golf on Lessee"s pr.ornises. The Lessee further agrees not to allow any parson undrer the age of 16 to use Golf Cars and will police and restrict. the use of said Golf Cars by speeders and other improper operators of said Golf Cars, and that it. will not rent the Golf cars to persons who have been observed speeding or improperly using the said Golf Cars in the past. The Parties Mutually Agree as feillows: 'Phat the ownership and tir_le to all CARS furnished unto the Lessee shall. remain in the Lessor's Warne and r,he 1.,essee shall have no authority whatsoever. to mortgage or encxmrhtar thce CARS, and the Le,';see shall be further prohibited from disposing of said CARS in any manner whatsoever. The Lessee agrees that there shall be no other electric. or mechanical golf cars for rent.a] purlx:se permitted op the Club grounds except machines furnished t~q thc3 Co,npany dt~'ing the life of this agreement. It is agreed Shat= the use of hand cars is permissabl.e. Remittances due the. Lessor the tenth of the following month will. be subject to a one and one half percent (1~^i) dc;linquency charge for each month or fraction thexe:of that remittances are late to the Lessor. In the event. that the Lessee shall commit any material breach of this Agreement (including, without limitations), nonparformance of any of the obligations ;;et forth herein, s31a11 bec•^me insolvent, shall cease to do business as a going concern, shall make a creneral assignment. for the benefit of its creditors, shall be adjudicated bankrupt, or shall have a receivar appointed for al] or substantially all of its property, Lessor s}r~ll have the right, by ~rritten notice, t.o declare fhe Lessee in default to cancel fhe Agreement. Lessor and Les;;ee will. review car requirements periodically to determine the number of care, necessary to maintain gtross revenues on a per car basis. In the event of a default or a violation of the terms, covenants, or conditions contained herein, the Lessor or the Les:;ea, as the case may be, shall have the ri.yht to enforce any one or. more of i.ts legal reme- dies, either successively or concurrently, and such action shall not operate to stop or prevent the Lessor, or the Lessee:, from pursuing any other remedy which it may have hereunder. Any repasse3sion or retaking of t:he property, temporary or otherwise, pursuant t.o the terms hereof shall not operate to release the lessee from any aril all damages for which it may bca liable as a result of said default or violation. In the event the Lessor cancels this Agreement, with Just. cause and written notice to the Lessee, the obligations to the Lessee is limited to the return t:o th;~ Lc .,r.or of the a:; ;ets of thn hesr3or, Acknowledges, consents, and agrees that as Lessee, all rights in and to the property described therein, including Lessee's rights to possession of said property, :are subordinate, junior any subject to the rights and claims of an}+ mortga7e holder of ~ conditional sales contract., or secured party (hereinafter called SP:CURED FAR'I'Y) to repossess or r.ecaptur.e po:a ession of said property. Lessor shall not be liable for. failure to deliver the vehicles covered hereby, c>r failure to replace or repair such vehicles as required under this Agreement, when such failure is caused by fire, flood, strike, war, riot, Acts of God, or other causes beyond Lessor's control. This Agreement. may not be assigned, nor may the performances of it be delegated or subT-ontracted by the Lessee without the prior written con- sent. of Lessor. However, the Lessor has the right to assign said. Lease withcnrt notice to whomevor the Lessor desires. This Agreement set:: for-'th the entire and complets understanding of the parri~~tl -~r+~l there are nn representations except as sp:~cifi cal ly herein set forth. No alteration, modification, or attempted waiver of this Agreement shall 6e valid unless set forth in writting and duly executed nn behalf of the parties hereto. No waiver of any default or any kind or character': This hease Agreement shall be binding upon the parties here~t~, their succ.essar and assigns. 'l'ime shall be crf the essence of this Agreement. IN WITN[;:;5 S4HfiRPOF, the .parties have caused this to be executed t;y their duly ,~uthori.red officers, year first ahwe set Perth. A'PTFST F-Z-r-~' Vi llagr !'lerk Lease Agreement. the date and .hA(~ ..-- -[ ,t . 'H, FLORIAA Y - i. Title -.-- M[lYOR T~-- ---