2019 Landmark Golf Management - Lease & Guarantee with "Club Car"CCI Contract #: JRL01C
EQUIPMENT MASTER LEASE AGREEMENT
THIS EQUIPMENT MASTER LEASE AGREEMENT (this "Agreement") made this � 9 day of lVd Yt'm ff?
2019 (the "Effective Date"), by and between CLUB CAR, LLC., a corporation incorporated under the laws of the State of
Delaware with a place of business at 4125 Washington, Road, Evans, Georgia ("Club Car") and LANDMARK GOLF
MANAGEMENT, LLC whose address is: 79-179 Ahmanson Lane, La Quinta CA 92253 ("Customer"). Hereinafter, Club Car
and Customer are referred to individually as a "Party" or collectively as the "Parties".
WHEREAS, Customer has requested that it be allowed to lease from Club Car from time to time various equipment
(collectively, the "Equipment") as may be authorized by Club Car from time to time.
NOW THEREFORE, in consideration of the foregoing and of the mutual promises herein contained, the Parties agree as
set forth below.
1. TERM and TERMINATION
A. Term and Termination. This Agreement shall become effective upon execution by all Parties and shall continue
until terminated upon written notice by one party to the other and the full and final performance and payment in full under each
Lease Schedule (as defined in Section 3.A, and referred to herein as a "Schedule") related to this Agreement. Each Schedule shall
become effective upon signature by Customer and Club Car and shall continue for the term stated in the schedule. EACH
SCHEDULE IS NON -CANCELABLE. YOUR OBLIGATION TO PAY IN FULL THE PAYMENTS AND ANY OTHER
AMOUNT DUE HEREUNDER OR UNDER ANY SCHEDULE IS ABSOLUTE, IRREVOCABLE AND UNCONDITIONAL
AND IS NOT SUBJECT TO AND SHALL NOT BE AFFECTED BY ANY ABATEMENT, SET-OFF, DISPUTE, CLAIM,
COUNTERCLAIM, DEDUCTION, DEFENSE OR OTHER RIGHT WHICH YOU MAY HAVE OR ASSERT AGAINST ANY
PERSON OR PARTY FOR ANY REASON WHATSOEVER, ALL OF WHICH YOU IIEREBY EXPRESSLY WAIVE AS
AGAINST US. YOU AGREE NOT TO ASSERT AGAINST US ANY CLAIMS OR DEFENES YOU MAY HAVE WITH
RESPECT TO ANY EQUIPMENT. Customer must give Club Car at least 60 days written notice before the end of the original
term of each Schedule that Customer will return the Equipment to Club Car. Until Customer gives such written notice the
applicable Schedule(s) will automatically renew on a month -to -month basis (each a "Renewal Term") until Customer
provides 60 days prior written notice that it will return the Equipment to Club Car (in which case the Lease will renew for
two additional Renewal Terms, but no more), each Renewal Term will commence immediately upon the expiration of the then
current term and the terms of the Schedule and this Agreement, including without limitation the amount of the payment, will
continue to apply.
B. Effect of Termination. Upon expiration or termination of each Schedule, Customer shall at its cost and risk of
loss and in accordance with Club Car's written instructions promptly return to Club Car the Equipment in its possession, under its
control or subject to such Schedule as of the effective date of such termination. Termination of this Agreement shall not relieve or
release either Party from any rights, liabilities or obligations that accrued prior to the effective date of such termination. Neither
Party shall be liable for the loss of present or prospective profits and/or consequential damages in the event of termination of this
Agreement. Unless otherwise agreed to in writing by the Parties, neither shall be responsible for the other Party's investments,
capital expenditures, lease or property commitments that have been made in connection with this Agreement, even if both Parties
were aware of such commitments and expenditures.
2. OWNERSHIP; REMOVAL
A. Ownership. Title to and the right of immediate possession of the Equipment shall at all times remain with Club
Car. Any confusion of the Equipment or their component parts or aftermarket accessories with other Equipment, materials, or parts
will not affect Club Car's right, title, and interest in and to the Equipment. The Equipment will not be transferred or delivered to
any other person, third party, corporation, or other entity without the prior written consent of Club Car. Customer covenants and
warrants to Club Car that it will not permit or allow any third party to assert any liens against the Equipment or otherwise encumber
the Equipment. If a Schedule is deemed to be a security agreement, Customer hereby grants Club Car a security interest in the
Equipment as collateral to secure payment of all of Customer's present and future obligations owed to Club Car including without
limitation, Customer's obligations under each present and future Schedule and Club Car shall be entitled to all rights of a secured
party under the applicable Uniform Commercial Code ("UCC") with respect thereto. Customer authorizes Club Car to prepare and
file against Customer a financing statement describing the Equipment. The Parties intend each Lease to be a true lease and the
filing of a financing statement shall not be construed as evidence to the contrary. You agree Article 2A- Leases of the UCC applies
to each Schedule, and each Schedule will be considered a "Finance Lease" as that term is defined in Article 2A. Customer agrees
that all Equipment is to be used for commercial purposes and is not for continuer, personal or houshold uses.
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CCI Contract #: JRL01C
B. Removal. Customer acknowledges that Club Car may from time to time (and without penalty) withdraw the
Equipment and/or certain items thereof for required maintenance. Club Car shall endeavor to promptly furnish Customer with a
like replacement if such Equipment will be out of service for an extended period of time.
3. PRICING
A. Generally. The number of Equipment to be leased to Customer (as determined in the sole discretion of Club Car
from time to time), the descriptions thereof, the serial numbers, the rental rate per Vehicle per day, the delivery charge and any
other financial arrangement between the Parties shall be set forth in a document to be executed by Club Car and Customer at (or
prior to) the time of delivery of all Equipment leased hereunder (each, a "Lease Schedule"). Each Schedule signed by Club Car
and Customer that is executed during the term hereof is hereby incorporated by reference and made a part hereof; provided,
however, such documents shall be read only to augment, and not to contravene or supersede, the terms and conditions contained
herein. Any conflicting terms of such Schedule(s) shall be deemed void unless otherwise agreed to in a signed writing by a Vice
President of Club Car.
B. Taxes. The aforementioned Vehicle pricing does not include applicable federal, state or local sales and/or use
taxes, including personal property taxes (collectively, "Taxes"). Customer agrees to promptly and fully collect and remit all Taxes
payable in any state, county or city where the Equipment are located, used or operated by Customer. Customer shall reimburse
Club Car within ten (10) days of receipt of notice if Club Car is required to remit any tax (other than income tax) as a result of
Customer's use and/or leasing activity hereunder and Customer agrees to reimburse Club Car for any property, sales and/or use tax
required to be paid by Club Car in relation to the Equipment or the Lease (other than income tax).
4. PAYMENT
A. Payment Terms. Payment terms for all leases shall be as follows:
(i) Advance payment for lease periods up to 30 days
(ii) ACH debit or credit card for lease periods in excess of 30 days
All payments shall be as specified above unless otherwise agreed to in writing, in an applicable Schedule. The terms of
ACH processing shall be as indicated in the attached Exhibit A. Payments shall not be deemed to have been made until physically
received by Club Car or its designated representative.
B. Customer Payments. All payments required hereunder that are not made by ACH or credit card shall be timely
remitted to Club Car at "Club Car. LLC, 15864 Collections Center Drive, Chicago, IL 60693' or such other location or manner as
Club Car may designate in writing to Customer from time to time.
C. Late Payments / NSF Fee. Customer shall pay interest at the lesser of (i) one and one-half percent (1.5%) per
month, or (ii) the maximum rate permitted by applicable law on any past due balance from the date of delinquency until paid. If any
check or payment is returned or rejected for insufficient funds or any other reason, Customer shall pay to Us a fee of $25.00 or
such other amount established by Club Car from time to time not to exceed the maximum amount permitted under applicable law.
5. DEFAULT
Each of the following is a "Default' under this Agreement and each Schedule: (a) Customer fails to pay any
__. payment when due under this Agreement or any Schedule, (b) Customer fails to perform any of its other obligations under this
Agreement under any Schedule or in any other agreement with Club Car or with any of its affiliates, (c) Customer sells all or
substantially all of its assets, becomes insolvent, or are generally unable to pay its debts when due, Customer dissolves or is
dissolved, or Customer assigns its assets for the benefit of its creditors, Customer seek appointment of a receiver, custodian or other
similar official, or Customer commences or have commenced against it any action for relief under any bankruptcy, insolvency or
reorganization laws, (d) Customer shall or shall attempt to abandon, remove, sell, encumber, rent or sublet any item of Equipment,
(g) Customer shall cause or suffer to exist any sale or transfer of any interest which would result in a change in majority ownership
of Customer, (h) Customer shall amalgamate, merge or consolidate with another entity without Club Car's consent, (i) any
guarantor of Customer's obligations under this Agreement or any Schedule dies, does not perform such guarantor's obligations
under the guaranty, or becomes subject to one of the events listed in clause (c), (d), (e), (f), (g) or (h) above or 0) any letter of
credit required under this Agreement or any Schedule is breached, canceled, accelerated, terminated or not renewed for any reason.
If a Default occurs, Club Car will provide written notice of default and a 10 day grace to cure debt. If debt is not
cured within 10 days Club Car may do one or more of the following: (a) cancel or terminate this Agreement and any Schedule or
any or all other agreements that Club Car may have entered into with Customer; (b) Club Car may declare the entire unpaid balance
of all payments due under the terms of any Schedule or all Schedules immediately due and payable without notice or demand and
require Customer to immediately pay Club Car, as compensation for loss of its bargain and not as a penalty, a sum equal to (i) all
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CCI Contract #: JRL01C
delinquent payment amounts and interest thereon plus (ii) the unpaid balance of all payments due under the terms of the
Sclredule(s) plus (iii) all other amounts due or that become due under this Agreement and each Schedule; (c) Club Car may require
Customer to deliver the Equipment to Club Car as set forth in Section 1.B.; (d) Club Car or its agent may peacefully repossess the
Equipment without court order and Customer will not make any claims against Club Car or its agent for damages or trespass or any
other reason; (e) Club Car may charge Customer interest on all monies due to Club Car at the rate of 1.75% per month from the
due date thereof until paid but in no event more than the maximum rate permitted by law; and (f) We may exercise any other right
or remedy available at law or in equity. Customer agrees to pay all of Club Car's costs and expenses, including, without
limitation, reasonable attorney's fees and collection agency fees, of enforcing its rights against Customer, for the recovery
or repossession of Equipment and in the collection of Customer's obligations to Club Car under this Agreement and any
Schedule. If Club Car takes possession of any Equipment, Club Car may sell, re -lease or otherwise dispose of it with or without
notice, at a public or private sale, on Customer's premises or elsewhere and apply the net proceeds (after Club Car have deducted
all costs related to the sale or disposition of the Equipment and the residual amount Club Car assigned to the Equipment, as
indicated by Club Car's records) to the amounts that Customer owes Club Car. Customer agrees that if notice of sale is required by
law to be given, 10 days' notice shall constitute reasonable notice. Customer will remain responsible for any amounts that remain
due after Club Car has applied such net proceeds. If Customer fails to deliver the Equipment upon the termination or expiration of
this Lease or upon default and Club Car does not recover the Equipment, then Customer shall be additionally liable for the fair
market value of the Equipment at the time of default or the termination or expiration of this Agreement or the applicable Schedule.
The remedies provided by this Agreement shall not be deemed exclusive, but shall be cumulative and in addition to all other
remedies existing at law or equity or by statute or otherwise, and may be enforced concurrently or separately. No failure or delay
on Club Car's part in exercising any right or remedy shall operate as a waiver thereof or modify the terms of this Agreement or any
Schedule. A waiver of default shall not be a waiver of any other or subsequent default. Club Car's recovery hereunder shall not
exceed the maximum recovery permitted by law.
6. WARRANTY
A. Customer Selection. Customer acknowledges, after due inquiry, that the Equipment selected by it are each of the
design, size, fitness, and capacity that is appropriate for Customer's intended use.
B. Vehicle Warranty. Club Car's sole and exclusive warranty to Customer is that the Equipment will be in good
operating condition when received by Customer.
C. Limitations Disclaimers. In the event that a Vehicle does not conform to the foregoing warranty, Club Car will
promptly make the requisite adjustments, repairs or parts replacements to the applicable Equipment, all in the manner that Club Car
sees fit. This remedy shall be the exlusive remedy available to Customer. No OTHER RECOMMENDATIONS, REPRESENTATIONS OR
WARRANTIES, WHETHER EXPRESS OR 6MPLIED, SHALL APPLY AND THE LMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.
7. ADDITIONAL CUSTOMER OBLIGATIONS
A. Safe Operation. As a material inducement to Club Car, Customer covenants that it shall take all necessary action
to ensure that the Equipment shall at all times be used and operated only in a safe, careful, conscientious and reasonable manner
and in compliance with all applicable laws and standards. Customer shall at all times exercise such care in maintaining, using and
protecting the Vehciles as it would exert in handling its own assets, but in any event no less than reasonable care under the
circumstances.
B. No Relocation: Keep Safe. The Equipment shall not be removed from the address of the location provided for in
the applicable Schedule without Club Car's prior written consent.
C. Maintenance; Renairs; Cost of Operations. Unless otherwise stated in the appliable Schedule, Customer agrees
(at its sole cost and expense) to provide for prompt and professional routine maintenance of the Equipment including, but not
limited to, keeping the Equipment clean and orderly, maintaining water levels in batteries and changing flat tires. If noted in an
applicable Schedule, Club Car agrees (at its sole cost and expense) to furnish, as necessary, a mechanic for performance of
non -routine maintenance procedures and major repairs to the extent that such were not the result of Client's violation of this
Agreement, accident, vandalism, user abuse, collision, fire or Act of God. The Equipment shall not be used or operated in a
manner subjecting them to depreciation above the ordinary and reasonable depreciation associated with normal use under typical
circumstances, as determined in the reasonable opinion of Club Car. Customer agrees to safely store the Equipment (under roof if
available) and to properly secure the same at night and such other times when not in use, and Customer agrees to be solely
responsible for such storage, oversight and safekeeping. For all electrical Equipment, Customer agrees that such storage shall
include sufficient and adequate electrical charging outlets and watering facilities for the Equipment' batteries. Customer further
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CCI Contract #: JRL01C
acknowledges sole responsibility for the cost and procurement of all electricity, fuel, oil and other routine maintenance and
operation materials for the Equipment.
D. Risk of Loss. Customer shall be solely responsible for damage to (or loss of) the Equipment from any and all
acts (except those caused directly by Club Car), including accidents, vandalisms, user abuse, collisions, fire or acts of God. In the
event of loss or damage, Customer shall notify Club Car and repair or replace the Equipment damaged or lost such that there will
be no economic loss to Club Car and Customer shall continue to make all payments required under the Schedule.
E. Return of Equipment. Except as specifically stated to the contrary in an applicable Schedule, the termination of
this Agreement the Equipment shall be returned by Customer to Club Car at the same place where Customer received delivery and
in the same condition as when received by Customer, with ordinary and reasonable wear and tear excepted.
F. Security Deposit. Customer agrees to pay the security deposit amount indicated in the Schedule (if any) as a
security deposit to ensure performance of its obligations under the Agreement. The security deposit is non -interest bearing. Club
Car may, but is not required to, apply any or all of the security deposit to cure any default by Customer in which event Customer
will restore, on demand, any amount so applied. If the Customer is not in default under this Agreement, the security deposit will be
returned within 60 days after the end of the term of the applicable Schedule (including any renewal term), or earlier if required by
applicable law.
S. INSURANCE
So long as one or more Equipment remains in the possession of Customer, Customer shall at its sole cost and expense: (a) maintain
and keep in effect valid and collectible public liability insurance covering any and all claims, damages, actions or causes of action
arising out of or in connection with the ownership, possession, maintenance, use, loading, unloading, lease or rental of the
Equipment in an amount not less than $1,000,000; and (b) keep the Equipment fully insured against loss, theft, damage, fire,
destruction and vandalism with responsible companies pursuant to a policy reasonably satisfactory to Club Car. All insurance
maintained by Customer shall: (i) be "first dollar" coverage; (ii) protect Club Car as an "additional insured" and a "loss payee";
(iii) be primary to any insurance maintained by Club Car for its own and exclusive benefit; and (iv) provide that the coverage
thereunder may not be modified or terminated without thirty (30) days' prior written notice to Club Car. Customer shall provide
Club Car with a certificate of insurance verifying Customer's compliance with these provisions upon the execution of each
Schedule. Club Car is not responsible for maintaining or obtaining insurance for the Equipment.
9. INDEMNITY
Customer shall indemnify, defend and hold Club Car, its affiliates, and their collective directors, officers, employees, contractors
and agents harmless from any and all claims, actions, proceedings, damages, liabilities, judgments, orders, decrees, awards, costs,
expenses, attorneys' fees, and claims (collectively, "Losses") on account of damage to property or injuries to person (including
death) which may be sustained by Club Car, its agents, servants, employees, licensees, invitees, operators, users, individual lessees,
or any other person or entity, arising out of or in connection with this Agreement or the operation, possession, transfer, disposition
or use of the Equipment, except that Customer shall have no liability to Club Car for Losses caused by the sole negligence of Club
Car.
10. LIMITATION OF LIABILITY
THE "f0'CAL LL4BILITY OF CLUB CAR AND ITS AFFR.iATES TO CUSTOMER WCrH RESPECT To THIS AGREEMENT OR THE EQUIPMENT (OR
THE SERVICES, IF ANY) FURNISHED UNDER THIS AGREEMENT SHALL NOT EXCEED THE RENTAL PRICE PAID FOR THE VEHICLE UPON
WHICH SUCH LIABILITY IS BASED.
CLUB CAR AND ITS AFFILIATES SHALL IN NO EVENT BE LIABLE TO CUSTOMER, ANY SUCCESSORS IN INTEREST OR ANY BENEFICIARY OF
THIS AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOST PROFITS OR REVENUE, INTEREST, LOST
GOODWILL, ETC. AND WHETHER OR NOT SUCH DOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY,
STRICT LIABILITY OR OTHERWISE AND WHETHER OR NOT CLUB CAR WAS INFORMED IN ADVANCE OF THE POTENTIAL FOR SUCH
DAMAGES.
II. MISCELLANEOUS
A. Governine Law: Waiver of Jury Trial. The terms and conditions contained in this Agreement and any disputes or
controversies arising hereunder shall be governed by and construed according to the laws of the Stale of New York, without regard
to its conflict of laws rule. THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE TRIAL BY JURY IN ANY PROCEEDING
RELATING TO THIS AGREEMENT OR ANY OTHER AGREEMENT ENTERED INTO IN CONNECTION THEREWITH AND FOR ANY
COUNTERCLAIM WITH RESPECT THERETO.
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CCI Contract #: JRL01C
B. Force Maieure. Club Car shall not be liable for loss or delay due to war, riots, fire,. flood, strikes or other labor
difficulty, acts of civil or military authority including governmental laws, order or regulations, inability to obtain necessary labor or
materials from usual sources or other causes beyond its reasonable control.
C. Severability. Each term and condition of this Agreement is deemed to have independent effect and the invalidity
of any partial or whole provision shall not invalidate the remaining provisions. If any provision of this Agreement shall be held by
a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and
effect. To the extent permitted by law, the obligation to perform all of the terms and conditions of this Agreement shall remain in
effect regardless of the performance of any invalid term.
D. No Waiver. No failure or delay by the Parties in exercising any right, power or privilege hereunder shall operate
as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any right, power or
privilege hereunder.
E. Assignment. This Agreement shall be binding upon Customer and its respective successors, and permitted
assigns; provided, however that none of Customer's benefits or obligations arising from this Agreement shall be assigned or
delegated (whether by operation of law or otherwise) in whole or in part without the prior written approval of Club Car. Any
attempted assignment of this Agreement without such consent shall be void. Club Car may assign this Agreement and any
Schedule without notice or consent. Any such assignee of Club Car shall have all of Club Car's rights, remedies, powers and
privileges hereunder and under each Schedule (including without limitation right to payment, insurance, indemnity, limitation of
liability, etc), but shall have none of Our obligations and Customer agrees not to assert any claims, rights of set-off or deduction or
to withold any payment from Club Car's assignee based upon a claim Customer may have against Club Car. In the event of
assignment, references to Club Car herein and in the assigned Schedules, with the exception of obligations of Club Car, shall be
deemed to include the assignee.
F. Amendments. No amendment, modification or waiver of the terms of this Agreement shall be binding unless the
same shall be in writing and duly executed by the authorized representatives of the Parties.
G. Notices. Any notice, request, consent or other document to be given hereunder by either Party shall be in writing
and delivered personally, by overnight courier service or sent by registered/certified mail, postage prepaid, to the Parties at their
addresses as set forth above or at such other address as shall be specified in writing by that Party.
H. Entire Agreement / Faxsimile / Countemarts. This Agreement contains the entire agreement among the Parties
regarding the subject matter contained herein. All prior negotiations and discussions (whether in writing or made orally) by and
between the Parties which are not set forth in this Agreement are merged into this Agreement and have no force or effect separate and
apart from this Agreement. This Agreement may be executed by a Party and transmitted by facsimile or electronic mail. Customer
agrees that a copy of this Agreement and each Schedule bearing Customer's signature which was transmitted by facsimile or
printed from an electronic file shall be admissible in any legal proceeding as evidence of its contents and its execution by the
parties in the same manner as an original document. Customer further agrees not to object to the admissibility of such copy into
evidence under the business records to the hearsay rule or the best evidence rule or otherwise and expressly waive any right to do
so. This Agreement and each Schedule may be executed in counterparts, including facsimile counterparts, each of which will
constitute an original, but which collectively will form one and the same instrument.
Time is of the Essence. The Parties agree that time is of the essence hereof.
IN WITNESS WHEREOF, the individuals below represent and warrant that they are authorized to execute this
Agreement on behalf of the Parties for whom they sign, as of the Effective Date.
CLUB CAWL LANDMARK GOLF MANAGEMENT, LLC
By: By:
Name: It lAalck Swicrne Name:( � Va55�
Title: ✓P "'' ANt.E Title: I'r-Po1 'k-
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CCI Contract #: JRL01C
EXHIBIT A
AUTHORIZATION AGREEMENT FOR AUTOMATIC DEBITS (ACH DEBITS) & CREDIT CARDS
ACH
Company Name: LANDMARK GOLF MANAGEMENT, LLC
I (we) hereby authorize Club Car, LLC., hereinafter called COMPANY, to initiate debit entries and to initiate, if
necessary, credit entries and adjustments for any debit entries in error to my (our)_/ Checking Savings
account (select one) indicated below and the depository named below, hereinafter called DEPOSITORY, to debit
and/or credit the same to such account in amounts that range between $�_ and $_ (� as D
r
DEPOSITORY
NAME WEt-LS TRQba BRANCH
CITY 01GLIaYM STATE CFY ZIP 4ZZai
TRANSIT/ABA NO. ioV oU ZS$2 ACCOUNT NO. 10 512 3 iz I.<'
This authority is to remain in full force and effect until COMPANY has received written notification from me (or
either of us) of its termination in such time and in such manner as to afford COMPANY and DEPOSITORY a
reasonable opportunity to act on it.
Sign: V4144� Date:
Print Name: kvxj VP S 51 er-
Page 6 of 6
Club Gar
a
LANDMARK GOLF MANAGEMENT LLC, DBA
Attn: ANDY VOSSLER
SILVERROCK RESORT - 79179 AHMANSON LN
LA QUINTA, CA 92253-5715
Master Lease: M42-378
Augusta Branch
755 INNOVATION DRIVE
APPLING, GA 30802
Phone: 706-863-3000 x 7156 - Fax: 706-869-1666
11/04/2019
Customer
Confirmation
Dear ANDY VOSSLER;
This letter is to inform you that Club Car, LLC has received your lease request to rent the following vehicles for the
specified dates below.
Date:
88 LST21-I - TEMPO 2PASS ELEC LI
2 LSCFEF - Lse Utl Cafe EFI
3 LSVG6G - Lse Villager Gas 6
Prices/Payments do not include applicable property taxes
Terms: M # of Pmts: 48
(M = Monthly, T = Term)
Options: (88) 2-PASSENGER LI CARS
(1) 2-PASSENGER LI
(2) CAFE EXPRESS,
(3) VILLAGER 6 GAS
Date: 12/31 /2023
Price/Car/Month
$120.87 $510,554.88
$0.00 $0.00
$0.00 $0.00
Total Charges: $510,572.62
Total Service Charges: $0.00
Std. Monthly Bill: $10,636.93
Service Contract Fee: $0.00
Total: $10636.93
1st Bill: $10,636.93
(Includes Transportation)
1st Bill Service: $0.00
1st Bill Total: $10636.93
LANDMARK GOLF MANAGEMENT LLC, DBA's current Certificate of Insurance for Liability expires on 11/05/2019.
Please note, in order to ship cars, we need a current insurance certificate on file. If necessary, fax us an updated
copy to the fax number above.
Club Car, LLC, has the following information about LANDMARK GOLF MANAGEMENT LLC, DBA:
Shipping Address: Billing Address:
LANDMARK GOLF MANAGEMENT LLC, DBA
LANDMARK GOLF MANAGEMENT LLC, DBA
SILVERROCK RESORT- 79-179 AHMANSON LN
SILVERROCK RESORT- 79179 AHMANSON LN
LA QUINTA, CA 92253-5715
LA QUINTA, CA 92253-5715
Contact Name: RANDY DUNCAN
Contact Name: ANDY VOSSLER
Contact Phone: 760-777-8884 EXT 4
Contact Phone:760-776-6688
Contact Email:
Contact Email:
Please confirm this lease with your signature and fax this document back to the above number. Thank you! For
further assistance please call 706-863-3000 x 7156 or email Shirley_Gibbons@clubcar.com and reference Lease #
JRLOIC.
Sincerely,
11/04/2019
Customer
'Confirmation
n
(signature)
(date)
11/04/2019
LEASESCHEDULE
JRL01 C
This Lease Schedule (the "Lease") is dated as of , 2019 and is between Landmark Golf Management, LLC ("Customer") and Club Car, LLC ("Club
Car") and incorporates the terms and conditions of the execution original of the Equipment Master Lease Agreement number JRL01C between Customer and
Club Car (the "Master Lease").
Club Car hereby leases to Customer and customer hereby leases from Club Car the equipment described in Exhibit A below (the "Equipment") for the term and
on terms and conditions set forth below and in the Agreement. This being an agreement of lease and not of sale, no title or ownership interest shall vest in the
Customer hereby.
EQUIPMENT LOCATION
Address:
City:
State:
Zip Code
Count
79-179 Ahmanson Lane
La Quinta
CA
92253
Riverside
Customer agrees to the following terms:
PAYMENT SCHEDULE
TERM
Initial Term ("Term"): 49 months
Commencing on: 12/1/19
PAYMENT
The lease payment shall be as follows (the "Lease Payment"):
Payments will be due the first day of each month with the first payment due: 1/l/2020
ACH Payments
Security Deposit of $0.00
#of Lease payments: 48 payIts
Lease payment: $10,636.93
Use tax per Payment (estimated): $0
Totalpayment: $10,636.93
TAXES
Sales/use tax has been estimated above to provide an approximation of the taxes and total Lease Payment. The actual sales and use tax may vary and may be,
depending on state law, collected at the time this Lease Schedule is entered into or added to each payment on the terms of the Vehicle Master Lease Agreement.
Property tax will be billed annually and is due on invoice. If the use tax payment box above is empty or indicates $0, we anticipate receiving a valid
exemption certificate. If such certificate is not received, sales or use tax may be billed to you and/or added to the Lease Payment.
This tease is not binding upon Club Car until signed and accepted by Club Car. Borrower agrees that Club Car may insert the Master tease number identified above at any time,
including after the execution hereof.
Club Car, LLC
4125 Washington Rd, Evans, GA 30809
m
LANDMARK GOLF MANAGEMENT, LLC
'0
c
m
Nry
Authorized Signature
u
Authorized Signature
Mark A. Spencer VP, Finance
AA
Print Name /v
pA
e $ $ I�1'itle 1 {+t.4/t�ay�— Date,
Print Name Date k2
4-15-19
EXHIBIT A
DESCRIPTION
Eighty-eight (88) 2020 Club Car Lithium Ion golf cars
Two (2) 2020 Club Car Cafe Express Beverage cars
Three (3) 2020 Club Car Villager Six utility vehicles
One (1) 2020 Club Car Lithium Ion golf car
GUARANTY
WHEREAS, the undersigned, CITY OF LA QUINTA, a
organized and existing under the laws of the State of California, whose address is
78-495 Calle Tampico, La Quinta CA 92253 hereinafter referred to as the
"Guarantor", has a financial interest in SilverRock Resort and who shall benefit from
the relationship between Debtor and Club Car, LLC.
WHEREAS, CLUB CAR, LLC, a corporation organized and existing
under the laws of the State of Delaware, whose main office and principal place of
business is located in Columbia County, Georgia, from time to time sells and leases
golf cars, industrial and turf vehicles, parts, accessories and/or services to Debtor and
extends credit therefor which sales, leases and extensions of credit are to the direct
interest, benefit and advantage of the Guarantor.
NOW, THEREFORE, in order to induce CLUB CAR, LLC to sell or
lease golf cars, industrial and turf vehicles, parts and accessories and to furnish
services to Debtor and to extend credit to Debtor or to renew or extend in whole or in
part any existing indebtedness of Debtor to CLUB CAR, LLC, and in consideration
of the credit given and the benefit inuring to Guarantor, Guarantor hereby absolutely
and unconditionally promises and agrees to pay to CLUB CAR, LLC, its successors
and assigns, when due, whether by acceleration or otherwise, and at all times
thereafter and in accordance with their terms, any and all existing and future
indebtedness for obligations up to $510,574.62, obligation and liability of every
kind, nature and character from the Debtor to CLUB CAR, LLC, however and
whenever created or arising, or evidenced or acquired, whether expressed or implied,
direct or indirect, absolute or contingent, or due or to become due, and all renewals,
modifications and extensions thereof, in whole or in part (collectively referred to
herein as the "Obligations"). Guarantor shall pay the Obligations upon written notice
by CLUB CAR, LLC, of the amounts due. Except as otherwise specifically set
forth herein, the undersigned expressly waives:
(a) Notice of acceptance of this instrument;
(b) Notice of the existence or creation of all or any of the
Obligations;
(c) Notice of default, non-payment, partial payment, presentment,
demand and all other notices whatever;
(d) All diligence in collection or protection of or realization upon any
collateral, the Obligations, or any part thereof, any liability hereunder, any liability of
any party primarily or secondarily liable on the Obligations, or any security for any
of the foregoing;
(e) Any duty or obligation on the part of CLUB CAR, LLC to
ascertain the extent or nature of any collateral, or any part thereof, of any insurance
or other rights respecting any collateral or leased equipment, or the liability of any
party primarily or secondarily liable on the Obligations, as well as any duty or
obligation on the part of CLUB CAR, LLC to take any steps or action to safeguard,
protect, deal with, handle, obtain or convey information respecting, or otherwise
follow in any manner, any collateral or any part thereof, or such insurance, other
rights or security;
(f) Any duty or obligation of CLUB CAR, LLC to proceed to
collect the Obligations from, or to commence an action against, the Debtor, despite
any notice or request of the Guarantor to do so;
(g) Any right to have Debtor joined in a suit brought against
Guarantor on this Guaranty, and any right to require CLUB CAR, LLC to sue
Debtor forthwith on any Obligations guaranteed hereby as a prerequisite to any
action by CLUB CAR, LLC against Guarantor.
This Guaranty is made and shall continue as to the Obligations incurred
or arising prior to actual receipt by CLUB CAR, LLC of written notice of the
termination hereof from the Guarantor. It is specifically agreed that Guarantor
guarantees all Obligations arising from any order for purchase or lease accepted by
CLUB CAR, INC. by telephone (whether or not confirmed in writing), prior to the
actual delivery to the office of CLUB CAR, LLC of such written notice of
termination by Guarantor.
The Guarantor hereby consents and agrees that CLUB CAR, LLC may
at any time and from time to time, without notice to the Guarantor:
(a) Retain or obtain the primary or secondary liability of any party or
parties, in addition to the Guarantor, with respect to any of the Obligations;
M
(b) Extend or renew for any period (whether or not longer than the
original period), alter, modify or exchange any of the Obligations, or any writing
evidencing the Obligations, or any of them;
(c) Release, discharge, compromise, or enter into any accord and
satisfaction with respect to any collateral, or any part thereof, any liability of the
Guarantor hereunder, or any liability of any other party or parties primarily or
secondarily liable on any of the Obligations;
(d) Release or surrender any collateral, or any interest in any
collateral, with or without consideration, or exchange or substitute for any collateral,
or any part thereof, any other security of like kind, or of any kind;
(e) Resort to or bring suit against the Guarantor for payment of any
of the Obligations, whether or not CLUB CAR, LLC shall have resorted to or
brought suit against any collateral, or any other party primarily or secondarily liable
on any of the Obligations, and whether or not CLUB CAR, LLC shall have
exhausted its rights or remedies against any of the foregoing.
The Guarantor hereby consents and agrees that CLUB CAR, LLC may
at any time and from time to time, after written notice to Guarantor:
(a) Retain or obtain a security interest, lien, title or other interest in
any property, whether real, personal, mixed, intangible, or choses in action, to secure
any of the Obligations or any liability hereunder.
(b) Consent to any subletting, assignment or other transfer by Debtor
or any lease guaranteed hereby or any interest therein.
Any indebtedness now or hereafter owed by Debtor to Guarantor is
hereby subordinated to the Obligation.
If the debt, obligation or liability of Debtor should be assigned by
CLUB CAR, LLC, this Guaranty will inure to the benefit of said assignee, and such
assignment will not operate to relieve Guarantor from any obligation to CLUB CAR,
LLC hereunder with respect to any unassigned debt, liability or obligation, and
further, the rights of any assignee will be subordinate to the rights of CLUB CAR,
LLC under this Guaranty as to any unassigned debt, obligation or liability.
3
Guarantor agrees to pay CLUB CAR, LLC a reasonable attorney's
fees, which shall be in the amount of Fifteen (15%) Percent of the sum owing to
CLUB CAR, LLC hereunder, and all costs and expenses of collection whenever
CLUB CAR, LLC employs an attorney to enforce any obligation of Guarantor
under this Guaranty, whether by suit or other means.
If the Debtor is a corporation, partnership, joint venture or other form of
business organization, this instrument covers all obligations to CLUB CAR, LLC
purporting to be made in behalf of such organization by any officer or agent of the
same, without regard to the actual authority of such officer or agent. The term
corporation shall include associations of all kinds and all purported corporations,
whether correctly and legally chartered and organized or not.
Any amount received by CLUB CAR, LLC from whatever source and
applied by it toward the payment of the Obligations shall be applied in such order of
application as CLUB CAR, LLC may from time to time elect.
No action, delay, omission or course of dealing between CLUB CAR,
LLC and Debtor or Guarantor or either of them will be a waiver of any rights or
remedies of CLUB CAR, LLC under this Guaranty, and no waiver, change,
modification or discharge of this agreement or any obligation created hereby will be
effective unless in writing and signed by CLUB CAR, LLC.
The Court interpreting or construing this instrument shall not apply a
presumption that its terms shall be more strictly construed against one party by
reason of the rule of construction that a document is to be construed more strictly
against the party who prepared the same. Wherever possible, each provision of this
instrument shall be interpreted in such manner as to be effective and valid under
applicable law, but if any provision of this instrument shall be prohibited by or
invalid under such law, such provision shall be ineffective to the extent of such
prohibition or invalidity without invalidating the remainder of such provision or the
remaining provisions of this instrument.
This Agreement shall be governed by, construed and enforced under
and according to the laws of the State of Georgia. The parties agree that no action
or proceeding may be maintained by Guarantor against CLUB CAR, LLC except
either in the Superior Court for Columbia County, Georgia, or in the United States
District Court for the Southern District of Georgia, Augusta Division. Guarantor
hereby irrevocably waive(s) any right it may have to commence any action or
proceeding against CLUB CAR, LLC in any other court other than the Superior
Ell
Court for Columbia County, Georgia, or in the United States District Court for the
Southern District of Georgia, Augusta Division. Guarantor further hereby
submit(s) to the personal jurisdiction of the aforementioned courts with respect to
any claims related to or arising out of this Agreement or any action or failure to act
related thereto, and irrevocably waive(s) any rights or defenses it may have to the
commencement or continuation of an action against it in the aforementioned courts
based on lack of personal jurisdiction or improper or inconvenient venue.
IN WITNESS WHEREOF, Guarantor has quly executed and
delivered this Guaranty under seal on this Plam day of NoVember, a0{9 .
In the presence of: GUARANTOR:
CITY OF LA OUINTA
nlic)noleva� a�uty �+ Clerk
By:
-us' C iTY �/�AtJ�cCtiCIZ
Accepted:
CLUB CAR, LLC
By: /// , Z
as its: V P F,Nawc9
(CORPORATE SEAL)
5
ATTEST:
By:
as its: ben U L
(OFFICIAL SEAL)