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CM-2017-1289 - 1/13/2017City of Round Rock 221 East Main Street Round Rock, Texas J/ROUND 78664 ROCK Signature Copy XAS City Manager Item: CM -2017-1289 File Number: CM -2017-1289 Consider authorizing the pay-off of a Lease/Loan Agreement with John Deer Financial for equipment at Forest Creek Golf Club. The Finance Department is requesting authorization for a one time pay-off of a Lease/Loan Agreement acquired by CCA Silband/GolfCorp/Round Rock, Inc, dba Forest Creek Golf Club while they were the Management company responsible for running the Forest Creek Golf Club. The equipment purchased under this agreement is a 2007 Pro -Gator with a 2007 Select Spray Series Sprayer that is currently located at Forest Creek Golf Club and the property of the City of Round Rock. CCA Silband/GolfCorp/Round Rock, Inc, dba Forest Creek Golf Club is no longer the management company for the Forest Creek Golf Club with Kemper Sports Management taking over the management responsibilities as of January 1, 2017. Finan Department has determine that it is in the best interest of the City to pay-off this agreement.C� J �.r►+iou �• o e N ' ` Date �Ur City of Round Rock Page 1 Printed on 1112/17 Stephanie Sandre From: JDFCSLease <JDFCSLease@JohnDeere.com> Sent: Tuesday, December 13, 2016 10:37 AM To: Ric Bowden Subject: John Deere Financial Secured Account Email (2of2) Attachments: Round Rock Lease Contract.pdf Thank you for your recent document request. Attached is your request. Your requested buyout quote, good through 2/1/17, is $1,803.45. For additional questions, please contact our Customer Service Department at 1-800-544-0646 between 7:00 AM - 6:00 PM CST Monday - Friday and 8:00 AM - 12:00 PM CST Saturday. Our Representatives are happy to assist you. Thank you for your business with John Deere Financial. Sincerely, John Deere Financial Customer Service CONFIDENTIALITY. This message, including attachments, may be confidential. If you believe the message was sent to you in error, do not read the contents and please reply to the sender that you have received the message in error. If you are not the intended recipient, retention, dissemination, distribution, or copying of this communication is strictly prohibited. Thank you. *** Please do not reply to this email - this mailbox is not monitored. *** �m,2-0t 7--12 � (Page 1 of 42) JOHN DEERE Lease Schedule r I IVH1N4U!/AL Lease Schedule No. 020-0058281-000 Master Lease Agreement No. 0058281 Lessee: CCA SILBANDIGOLFCORP/ROUND ROCK, INC, DBA FOREST CREEK GOLF CLUB (Name aAddrass) 99 TWIN RIDGE PKWY, , ROUND ROCK, TX 78664 DEERE CREDIT, INC. Lessor: 6400 NW 86" ST, PO BOX 6600, JOHNSTON, IA 50131-6600 LEASE TERM Lease Term Start Date Lease Term End # Of Lease Payment *Property Tax "Sales/Use Total Lease Date Payments Tax Payment Purchase Option Price 04/15/2014 04/15/2017 36 $451.40 $0.00 $0.00 $451.40 $1.00 'If part of the regular scheduled lease payment PAYMENTTERMS_._-_ PAYMENT DUE AT SIGNING Due Date 1'r Payment Due Discount Rate Advance Lease Payment`* Date $451.4— 15 04/15/2014 Internal Rate of Return minus 2 percent (2%) Origination Fee $0.00 Billing Period Irregular Payments Security Deposit $0.00 M Monthly Total Due At Signing $ 451.40 ❑ Quarterly ❑ Semi -Annual ❑ Annual "Advance Lease Payment includes the first (1) and last (0) ❑ Irregular Lease Payment(s) "Master Agreement" shall mean the above referenced Master Lease Agreement. "Schedule" shall mean this Lease Schedule. "Lease" shall mean this Schedule and the Master Agreement. All of the terms and conditions set forth in the Master Agreement and any amendment, addendum, schedule or attachment thereto or hereto including, but not limited to, the Equipment Return Provisions are hereby incorporated into and made a part of this Schedule. Lease Payments. You agree to remit the Lease Payments (and applicable sales, use and property taxes) on the dates noted above and all other amounts when due to: DEERE CREDIT, INC., P.O. Box 4450, Carol Stream, IL 60197-4450. Purchase Option. Provided (1) you are not in default; (2) we receive all amounts you owe us on or before the Lease Term End Date, on the Lease Term End Date, we will transfer to you all of our right, title and interest in such hem(s) of Equipment AS -IS, WHERE -IS, WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE. Representations and Warranties. You represent and warrant to us, as of the date you signed this Schedule, that (1) the Equipment was selected by you; (2) the Equipment (including all manufacturer manuals and instructions) has been delivered to, and examined by, you; (3) the safe operation and the proper servicing of the Equipment were explained to you; (4) you received the written warranty applicable to the Equipment and understand that your rights under the written warranty may be limited; (5) the Equipment is unconditionally and irrevocably accepted by you as being suitable for its intended use; (6) the Equipment is in good condition and repair (operating and otherwise); (7) the Equipment shall be used only for the purpose indicated herein; (6) all information provided to us by you is true and correct. You acknowledge and agree that: (1) we did not select, manufacture or supply any of the Equipment; (2) we acquired the Equipment at your direction; (3) you selected the supplier of the Equipment; (4) you are entitled to all manufacturer warranties ("Warranty Rights') and we assign all Warranty Rights to you, to the extent assignable; (5) you may request an accurate and complete statement of the Warranty Rights, including any disclaimers and limitations, directly from the manufacturer; and (6) you assign to us all your rights (but none of your obligations) under all purchase orders, purchase agreements or similar documents relating to the Equipment. You waive all rights and remedies conferred upon a lessee under Sections 508 - 522 of Article 2A of the Uniform Commercial Code. Time Price. You understand that the Equipment may be purchased for cash or it may be purchased pursuant to the terms of this Schedule for a Time Price equal to the sum of (1) all Lease Payments due and to become due hereunder, (2) the Origination Fee, and (3) the Purchase Option Price. By executing this Schedule, you have chosen to purchase the Equipment for that Time Price. You and we intend to comply with all applicable laws. In no event will we charge or collect any amounts in excess of those allowed by applicable law. In the event any amount in excess of that allowed by law is charged or recovered, any such charge will be deemed limited by the amount legally allowed and any amount received by us in excess of that legally allowed will be applied by us to the payment of amounts legally allowed under the Master Agreement or this Schedule, or refunded to you. Miscellaneous. You agree that we can access any information regarding the location, maintenance, operation and condition of the Equipment, and you irrevocably authorize anyone in possession of such information to provide all of that information to us upon our request. You also agree to not disable or otherwise interfere with any information -gathering or transmission device within or attached to the Equipment. You permit us to monitor and record telephone conversations between you and us. By providing any telephone number, including a mobile phone number, to us, any of our affiliates or any debt collectors we retain, we, such affiliates and such retained debt collectors can contact you using that number, Including calls using an automatic dialing and announcing device and prerecorded calls, and that such calls are not "unsolicited" under state or federal law. All of our dghts under each Lease shall remain in effect after the expiration of the Lease Term or termination of the Schedule. Goff MLA $1.00 Purchase Option Nov 15 2013 App 115966 RECEIVED APR 10 2014 DEERE CREDIT, INC. (Page 2 of 42) Lease Schedule — Equipment List I, - Supplier (Name a Address) Year Make 2ND AUSTIN TURF & TRACTOR 809 STEVE HAWKINS PKWY, MARBLE FALLS, TX 78654 EQUIPMENT•- • Model Equipment Description Serial Number Hour Mater Payment Purchase' Option 2007 JD 2020A USED PROGATOR W/ 2007 USED SELECTSPRAY SERIES SPRAYER SINTC200GX041145 TC202AT010078 $451.40 $1.00 Equipment Location 99 TWIN RIDGE PKWY, ROUND ROCK, TX, 78664 OUTSIDE city limits: O WILLIAMSON COUNTY BY SIGNING THIS SCHEDULE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS SCHEDULE AND THE MASTER AGREEMENT. 99 TWIN RIDGE PKWY ffCCA SILBAND/GOLFCORP/ROUND ROCK, INC. ROUND ROCK, TX 78664 By: J MICH�ELF6SERY, PRESIDENT Date: `i DEERE CREDIT, INC. • - 6400 NW 86" ST, IPO BOX 6600 J TON, IA 50131-6600 Date: Golf MLA $1.00 Pumhaao Option Nov 16 2013 App 115966 RECEIVED APR 10 2014 DEERE CREDIT, INC. (Page 3 of 42) JOHN DEERE WN FINANCIAL r,.. Equipment Retuirn Provisions J Lease Schedule No. 020-0058281-000 r7 Master Lease Agreement No. 1 0058281 ILessee: ' CCA SILBAND/GOLFCORP/ROUND ROCK, INC. DBA FOREST CREEK GOLF CLUB (Nome s Address) 99 TWIN RIDGE PKWY, , ROUND ROCK, TX 78664 ERE 1 Lessor: 16400 NW 86' ST, PO BOX 6600, JOHNSTON, IA 50131-6600 I The following Equipment Return Provisions are hereby incorporated into and made a part of the above referenced Master Lease Agreement (the "Master Agreemen1j, and entered into between Deere Credit, Inc., as Lessor ("us",'Sue" or "oun, and CCA SILBAND/GOLFCORP/ROUND ROCK, INC., as Lessee ("you" or "your"). Pursuant to Section 9 of the Master Lease Agreement, all Equipment must be returned to us in satisfactory condition. Unsatisfactory condition shall include any condition described in Sections 1 through 4 below ("Excessive Wear and Tear"). 1. Mechanical. A. Computer systems or safety and emission control equipment not in proper working order. B. Mechanical components that are missing, broken or unsafe or that do not operate normally, other than normal tune-ups, given the age of the equipment. C. Wear on power train assembly that exceeds manufacturer's then current standards for normal wear and tear. D. Any air filters not withln manufacturer's specifications. E. Any gauges or fluid Indicators that are damaged or do not function, the electrical system fails to operate properly, the battery fails to hold a charge or any wire harnesses that are not tied down and kept secured, dry and clean. F. Any pumps, motors, valves or cylinders not in good operating condition or that fail to meet manufacturer's rated specifications or hydraulic system exceeds manufacturer's then -current contaminant standards (as shown by oil sample analysis). Equipment not serviced according to the manufacturer's operating manual. G. Any lubricant, water or AIC seal leaks. 2. Exterior. A. Dents larger than 2 inches in diameter. B. Excessive number of dents or scratches. C. Any scratch 8" or longer that reaches the metal skin. D. Any single chip the size of a quarter or larger or multiple small chips within one square foot. E. Substandard paint repairs, such as peeling, bubbling or mismatched shades that evidence poor condition in comparison with original paint and require repainting at a cost in excess of $200. F. Rust holes in the body metal or a rust spot that covers more than a 4 -inch square area. G. Any glass that must be replaced due to cracks or missing glass and any windshield damages greater than $50 in amount. H. All frame damage and substandard frame repairs. I. Any tires or tracks that (a) have broken side walls or excessive cuts or damages, or (b) have less than 50% of the original useful life remaining, or (c) are not of the same size, type grade or equivalent quality manufacturer as were originally included on the Equipment. 3. Cab/Operator Platform. A. Heavy interior soil or strong odors, such as manure, that cannot be removed by general cleaning. B. Unclean condition of operator environment. C. Holes, tears, or burns on the dash, floor covers, seats, headliners, upholstery or interior. 4. General. A. Equipment not operated or maintained in accordance with the manufacturers specifications or if components, fuels or fluids, on or in connection with the Equipment that do not meet manufacturers standards were used. B. Any other damage that in the aggregate costs S250 or more to repair or that makes the Equipment unlawful or unsafe to operate. 5. Other. A. All warranty and PIP work must be completed prior to the Lease Term End Date of the Lease Schedule relating to the Equipment. B. The Equipment must be cleaned prior to its return. 6. Hour Meter. For each item of Equipment returned with a broken or missing hour meter, you shall accept an invoice from us and remit to us an amount equal to $1,000. You agree that the hour meter included with the Equipment Is conclusive of the number of hours of Equipment use. 7. Invoices for Excess Wear And Tear. Upon any return of the Equipment, we shall, in our sole discretion, determine the existence of any Excessive Wear and Tear. In the event any Item of Equipment is returned to us with Excessive Wear and Tear, you shall, at our sole discretion, either (i) accept an invoice from us and remit to us the cost of repairing or replacing the affected component(s) which we determine necessary to return the Equipment to its required condition, and/or (ii) accept an invoice from us and remit to us an amount equal to our estimate of (1) the cost of new tires or tracks if the tires or tracks are damaged due to broken side walls or excessive cuts or damage, or (2) the cost of new tires or tracks multiplied by the difference between (A) our estimate of the percentage of the useful life of the tires and tracks then remaining and (B) fifty percent (50%). For example, if you return Equipment with tires having 20% of their useful life remaining, you would remit to us an amount equal to 30% of the cost of new tires ((50%- 20%) multiplied by the cost of new fires). Your failure to remit the required payment to us within ten (10) days of demand shall constitute a default by you under the terms of the Lease. CCA SILBAND/GOLFCORP/ROUND ROCK, INC. DBA FOREST CREEK GOLF CLUB 99 TWIN RIDGE PKWY ROUND ROCK, TX 78664 '?WBy: ♦ J MICHAEL U SE Y, RESIDENT Gott MLA 51.00 Purchase Option APR 10 2014 Nov 162013 r`EE� ;F CRFDIT, INC. DEERE CREDIT, INC. 6400 NW 81P ST, PO Box 6600 JOHNSTON, IA 50131-6600 App 115966 (Page 4 of 42) Lessor: J I I DEERE CREDIT, INC. I 6400 NW 86th ST, PO BOX 6600, JOHNSTON, IA 50131-6600 Capitalized terms shall have the meanings set forth in the above referenced Master Lease Agreement. Lessee hereby represents and warrants that: (1) all of the Equipment more fully described in the above referenced Lease Schedule was selected by Lessee; (2) all of the Equipment and the Operator's Manuals have been delivered to, and received by, Lessee; (3) all of the Equipment has been inspected by Lessee and is in good working order; (4) all of the Equipment is unconditionally and irrevocably accepted by Lessee for all purposes under the Lease; (5) the safe operation and the proper servicing of the Equipment have been explained to Lessee; (6) Lessee received the manufacturer's written warranty applicable to the Equipment and Lessee understands that its rights are subject to the limitations outlined therein; (7) no Event of Default has occurred and is continuing; and (8) no material adverse change in the financial or business condition of Lessee has occurred since the date of the last financial statement submitted to Lessor by Lessee. Signed by Lessee's duly authorized representative on the date shown below. ®CCA DIGOLFCORPIROUNQ ROCK, INC. 99 TWIN IN RIDGE PKWY ROUND ROCK, TX 78664 By: J MICHAEL�ur SE Y, PRESIDENT Date: f Golf MLA 51.00 Purchaao Option Nov 15 2013 6400 N.W.86'h STREET, PO BOX 6600 JOHNSTON, IA 50131-6600 1'�.r�/ �:9,i�% �1��. �aiiff� fi> E. �• 1� JOHN DEERE Delivery and Acknowledgment FINANCIAL Lease Schedule No. 020-0058281-000 Master Lease Agreement No. 0058281 Ta Lessee: CCA SILBANDIGOLFCORPIROUND ROCK, INC. DBA FOREST CREEK GOLF CLUB 1 (Name & Address) 99 TWIN RIDGE PKWY, , ROUND ROCK. TX 78664 Lessor: J I I DEERE CREDIT, INC. I 6400 NW 86th ST, PO BOX 6600, JOHNSTON, IA 50131-6600 Capitalized terms shall have the meanings set forth in the above referenced Master Lease Agreement. Lessee hereby represents and warrants that: (1) all of the Equipment more fully described in the above referenced Lease Schedule was selected by Lessee; (2) all of the Equipment and the Operator's Manuals have been delivered to, and received by, Lessee; (3) all of the Equipment has been inspected by Lessee and is in good working order; (4) all of the Equipment is unconditionally and irrevocably accepted by Lessee for all purposes under the Lease; (5) the safe operation and the proper servicing of the Equipment have been explained to Lessee; (6) Lessee received the manufacturer's written warranty applicable to the Equipment and Lessee understands that its rights are subject to the limitations outlined therein; (7) no Event of Default has occurred and is continuing; and (8) no material adverse change in the financial or business condition of Lessee has occurred since the date of the last financial statement submitted to Lessor by Lessee. Signed by Lessee's duly authorized representative on the date shown below. ®CCA DIGOLFCORPIROUNQ ROCK, INC. 99 TWIN IN RIDGE PKWY ROUND ROCK, TX 78664 By: J MICHAEL�ur SE Y, PRESIDENT Date: f Golf MLA 51.00 Purchaao Option Nov 15 2013 6400 N.W.86'h STREET, PO BOX 6600 JOHNSTON, IA 50131-6600 App 115966 RECEIVED APR 10 2014 DEERE CREDIT, INC. 1'�.r�/ �:9,i�% �1��. �aiiff� E. �• App 115966 RECEIVED APR 10 2014 DEERE CREDIT, INC. (Page 5 of 42) iI) JOHN DEERE FINANCIAL Property Tax Addendum Master Lease Agreement No. 020-0058281 ILessee:I CCA SILBANDIGOLFCORPIROUND ROCK, INC. DBA FOREST CREEK GOLF CLUB (Name & Address) 99 TWIN RIDGE PKWY. ROUND ROCK. TX 78664 C. Lessor: 6DEERE 400 NW fie ST. PO OX 6600. JOHNSTON. IA 50131-6600 M+ I Addendum to that certain Master Lease Agreement entered into as of the 15 day of April, 2014 (the "Master Agreement") by and between Deere Credit, Inc. ("Lessor") and CCA SILBAND/GOLFCORP/ROUND ROCK, INC. ("Lessee"). RECITALS WHEREAS, Lessee wishes to modify the Master Agreement to change the method of paying property taxes with respect to equipment leased from time to time thereunder and Lessor is willing to change said terms; NOW, THEREFORE, in consideration of the mutual covenants contained in this Addendum and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the parties agree as follows: 1. Capitalized terms not defined in this Addendum shall have the meaning given to them in the Master Agreement. 2. Section 3 of the Master Agreement is amended in its entirety to read as follows: 3. FEES AND PROPERTY TAXES 3.1 To the extent permitted by applicable law, you shall file all the requisite periodic reports with the appropriate taxing jurisdiction. You shall provide us with copies of all such reports. If applicable law does not allow you to file such reports, you shall, on a timely basis, provide us with all information needed to file such reports and we shall file such reports. If the location of the Equipment has been changed to another taxing jurisdiction or the exempt status of the Equipment has been changed, you shall, in time for us to file such a return or report, notify us in writing regarding such changes at the following address: DEERE CREDIT, INC. TAX DEPARTMENT PO BOX 14505 DES MOINES, IA 50306 3.2. If you fail to provide us with the above information, you agree to promptly reimburse us for any taxes, penalties, fines or fees paid by us arising from such failure. 3.3. You shall pay all personal property taxes imposed on the Equipment, together with all other taxes of any kind, and of all title fees, registration fees, license fees and all other similar charges of any kind imposed on the Equipment or its use. As stated in Section 3.1 of this Master Agreement, you shall file a personal property tax return. You shall be responsible for all other returns and reports required by law or otherwise permitted. If we are required to file any returns or reports or pay any fees or taxes for which you are obligated hereunder, you shall promptly reimburse us for the payment of said fees and taxes and shall pay any additional sales or use tax imposed on such reimbursements. 3.4. If you are required by the jurisdiction to file returns or reports and pay such fees or taxes, but fail to pay such taxes when due, we shall have the right, but not the obligation, to pay such fees or taxes together with penalties or fines and you agree to promptly reimburse us for any amounts paid by us. 3.5. In addition, the amount of any tax, fee, penalty or fine which is your responsibility but which we pay, if not reimbursed by you within 30 days of demand by us, shall bear interest at the highest contract rate permitted by law, from the time of payment by us until paid by you. 3. Except as expressly modified by this Addendum, the terms and conditions of the Master Agreement remain in full force and effect. If there are any conflicts between the provisions of this Addendum and the Master Agreement, the terms of this Addendum shall apply. This Addendum shall be governed by and construed in accordance with the laws of the State of Iowa. Only a written instrument executed and delivered by both Lessor and Lessee may modify this Addendum. This Addendum may be executed in any number of counterparts, each of which shall be an original and all of which, when taken together shall constitute one and the same document This Addendum has been executed as of the date first above written CCA SILBANDIGOLFCORPIROUND ROCK, INC. DBA FOREST CREEK GOLF CLUB 99 TWIN RIDGE PKWY, ROUND ROCK, 78664 By: J MICHAEL RY, PRESIDENT Date: DCI Property Tax Addendum (Lessee Files) 1111612013 DEERE CREDIT, INC. 6400 N.W.8e STREET, PO BOX 6600 JOHNSTON, IA 50131-6600 Pagel oft RECEIVED App 115966 APR 10 2014 DEERE CREDIT, INC. (Page 6 of 42) ralft JOHN DEERE FINANCIAL Master Lease I Agreement No. 10058281 Lessee: CCA SILBANDIGOLFCORPIROUND ROCK, INC. DBA FOREST CREEK GOLF CLUB 99 TWIN RIDGE PKWY, , ROUND ROCK, TX 78664 DEERE CREDIT, INC. Lessor: 6400 NW 8671 ST, PO BOX 6600. JOHNSTON. IA 50131-6600 reement This Master Lease Agreement ("Master Agreement's is entered into between Deere Credit, Inc., as Lessor ('cove", "us" or "our'), and the Lessee and any Co -Lessee identified below ("you" or "your"). "Schedule" shall mean any Lease Schedule signed by you and us, which incorporates the terms of this Master Agreement. "Lease" shall mean this Master Aqreement and any Schedule. 1. Lease Term; Payments. You agree to lease from us the property ("Equipment's described in each Schedule for the Lease Term. The Lease Term will begin on the Lease Term Start Date and end on the Lease Term End Date. All attachments and accessories itemized on the Schedule and all replacements, parts and repairs to the Equipment shall form part of the Equipment. A Schedule is not accepted by us until we sign it, even If you have made a payment to us. You agree to remit to us the Lease Payments Indicated In the Schedule and all other amounts when due and payable each Billing Period, even if we do not send you a bill or an invoice. YOUR PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITIONAL, AND ARE NOT SUBJECT TO CANCELLATION, REDUCTION OR SETOFF FOR ANY REASON WHATSOEVER. For any payment which is not received by its due date, you agree to pay a late charge equal to 4% of the past due amount (not to exceed the maximum amount permitted by law) as reasonable collection costs, plus interest from the due date until paid at a rate of 1.5% per month, but in no event more than the maximum lawful rale. Restrictive endorsements on checks you send us will not change or reduce your obligations to us. if a payment is retumed to us by the bank for any reason, you agree to pay us a fee of $25.00, or the maximum amount permitted by law, whichever is less. Lease Payments and other payments may be applied, at our discretion, to any obligation you may have to us or any of our affiliates. If the total of all payments made during the Lease Term (and any Renewal Term), exceeds the total of all amounts due under the Lease by less than $25.00, we may retain such excess. 2. Security Deposit. If the Schedule provides for a Security Deposit, the Security Deposit will be held by us in a non-interest bearing account, commingled with other funds. We may apply the Security Deposit to any amounts due under the Lease and, if we do so, you agree to promptly remit to us the amount necessary to restore the Security Deposit to the original amount. The Security Deposit will be returned to you within thirty days of termination of a Schedule and final inspection by us, provided you are not in default. 3. Taxes. You agree to pay us when invoiced, all sales, use, rental, gross receipts and all other taxes which may be imposed on the Equipment or its use. You agree, at our discretion, to either (a) reimburse us annually for all taxes and governmental charges associated with the ownership, use or possession of the Equipment including, but not limited to, personal property and ad valorem taxes ("Property Taxes"), or (b) remit to us each Billing Period our estimate of the pro -rated equivalent of such Property Taxes. If the estimated Property Taxes paid by you are greater than or less than the Property Taxes paid by us, no adjustment will be made. Taxes do not include those measured by our net income. If applicable law requires tax retums or reports to be filed by you, you agree to promptly file such tax returns and reports and deliver copies to us. You agree to keep and make available to us all tax returns and reports for taxes paid by you. 4. Security Interest: Missing Information. We are the owner of the Equipment and you have the right to use the Equipment under the terms of the Lease. If a Schedule is deemed to be a secured transaction and not a lease, you (a) grant us and our affiliates a security Interest in the Equipment (and all proceeds) to secure all of your obligations under the Lease and any other obligations. which you may have, to us or any of our affiliates, and (b) authorize us to file financing statements naming you as debtor. You agree to keep the Equipment free and clear of liens and encumbrances, except those in our favor, and promptly notify us if a lien or encumbrance is placed or threatened against the Equipment. You irrevocably authorize us, at any time, to (a) insert or correct information on the Lease, including your correct legal name, serial numbers and Equipment descriptions; (b) submit notices and proofs of loss for any required insurance; and (c) endorse your name on remittances for insurance and Equipment sale or lease proceeds. You agree that we can access any information regarding the location, maintenance, operation and condition of the Equipment, and you irrevocably authorize anyone in possession of such information to provide all of that information to us upon our request. You also agree to not disable or otherwise interfere with any information -gathering or transmission device within or attached to the Equipment. 5. Equipment Maintenance. Operation and Use. You agree to (a) USE THE EQUIPMENT ONLY FOR AGRICULTURAL, BUSINESS OR COMMERCIAL PURPOSES AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES; (b) not move the Equipment to another county or state without notifying us within 30 days; (c) operate and maintain the Equipment In accordance wilh all (1) laws, ordinances and regulations, (2) manuals and other instructions Issued by the manufacturer(s) and supplier(s), and (3) insurance policy terms and requirements; (d) perform (at your own expense) all maintenance and repairs necessary to keep the Equipment in as good a condition as when delivered to you, reasonable wear excepted; (e) not install any accessory or device on the Equipment which affects the value, useful life or the originally intended function or use of the Equipment in any way, unless it Can be removed without damaging the Equipment; (f) allow us and our agent(s) to inspect the Equipment and all of your records related to its use, maintenance and repair, at any reasonable time; (g) keep any metering device installed on the Equipment connected and in good working condition at all limes; (h) affix and maintain, in a prominent place on the Equipment, any labels, plates or other markings we may provide to you; and (i) not permit the Equipment to be used by, or to be In the possession of, anyone other than you or your employees. 6. Insurance. You agree, at your cost, to (a) keep the Equipment insured against all risks of physical damage for no less than its Termination Value (as such term is defined in Section 7 below), naming us (and our successors and assigns) as sole loss payee; and (b) maintain public liability insurance, covering personal injury and property damage for not less than $1,000,000 per occurrence, naming us (and our successors and assigns) as additional insured. All insurance must be with companies and policies acceptable to us. Your obligation to insure the Equipment continues until you return the Equipment to us and we accept It. Each insurance policy must provide that (a) our interest in the policy will not be invalidated by any act, omission, breach or neglect of anyone other than us; and (b) the insurer will give us at least 30 days' prior written notice before any cancellation of, or material change to, the policy. Unless you provide us with evidence of the required insurance coverages, we may purchase insurance, at your expense, to protect our Interests In the Equipment. This insurance may not (1) protect your interests; or (2) pay any claim that you make or any claim that is made against you in connection with the Equipment. You may later cancel any insurance purchased by us, but only after providing us with evidence that you have obtained the insurance required by the Lease. The cost of the insurance may be more than the cost of insurance you may be able to obtain on your own. 7. Loss or Damage. Until the Equipment is returned to us in satisfactory condition, you are responsible for all risk of loss, damage, theft, destruction or seizure of the Equipment (an "Event of Loss"). You must promptly notify us of any Event of Loss. If the Equipment can be repaired or replaced, you agree to promptly repair or replace the Equipment, at your cost, and the terms of the Lease will continue to apply. If the Equipment cannot be repaired or replaced, you agree to pay us, within 10 days of the Event of Loss, its Termination Value as of the day ibefore such Event of Loss occurred. Upon receipt of the Termination Value, we will transfer to you (or the insurance company) all of our right, title and interest in such item(s) of Equipment (each, an "Item") AS -IS, WHERE -IS, WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE. Golf MLA $1.00 Purshaao Option Nov 16 2011 App 116966 RECEIVED APR 10 2014 DEERE CREDIT, INC. (Page 7 of 42) LA.) 'J Agreement No. 0058281 , ADDITIONAL TERMS AND CONDITIONS OF MASTER LEASE AGREEMENT All insurance proceeds must be paid directly to us, and we may apply any excess insurance proceeds to any other amounts you owe us or any of a affiliates. "Termination Value" for any Item shall be the net book value calculated as the sum of (1) all Lease Payments and any other amounts then due and payable to us; plus (2) the present value of all remaining Lease Payments and other amounts, discounted at the Internal Rate of Return or, if a.) discount rate is set forth in the applicable Schedule, such discount rate (the "Discount Rate'); plus (3) the cost to repair and refurbish the Item so thatiG is in satisfactory condition in accordance with Section 9; plus (4) the present value of the Purchase Option Price (or, if there is no Purchase Optid' Price, the residual value that we assumed in calculating Lease Payments), discounted at the Discount Rate. "Internal Rate of Return" shall be calculated using standard finance techniques with the Equipment Cost, Lease Payments, Lease Term and Purchase Option Price (or residual value assumption) as the variables. 8. Early PavofflPurchase. In the event you desire to purchase an Item of Equipment, are not in default, and request a termination of a Schedule before the expiration of its Lease Tenn, you agree to pay us the Termination Value for each item of Equipment. Upon receipt of the Termination Value, we will transfer to you all of our right, title and interest in such item of Equipment. 9. Return of Equipment. If a Schedule is terminated for any reason and you do not (a) return the Equipment to us, (b) exercise any Purchase Option, or (c) exercise any Renewal Option, you agree to remit to us, until such time as the Equipment is returned to us in accordance with the provisions of this Section, lease payments each month equal to the higher of (i) the monthly fair market rental value of the Equipment, as determined by us in our sole discretion, or (ii) the monthly Lease Payment set forth in the Schedule (or the monthly lease payment equivalent if the Lease Payments are other than monthly (e.g., for annual Lease Payments, the monthly lease payment equivalent would be calculated by dividing the annual Lease Payment by 12)). All Equipment must be returned to the nearest John Deere dealer that sells equipment substantially similar to the Equipment, at your expense and in satisfactory condition, along with all use, maintenance and repair records. Equipment is in satisfactory condition if it is in as good a condition as when the Equipment was delivered to you, reasonable wear excepted, and conforms to the standards of any Equipment Return Provisions incorporated into the Lease. 10. Default. You will be in default if. (a) you fail to remit to us any Lease Payment or other payment when due; (b) you breach any other provision of the Lease and fail to cure such breach within 10 days; (c) you remove any Equipment from the United States; (d) a petition is filed by or against you or any guarantor under any bankruptcy or insolvency law; (e) a default occurs under any other agreement between you (or any of your affiliates) and us (or any of our affiliates); (f) you or any guarantor is acquired by, merges with or consolidates into another entity, sells substantially all its assets, dissolves or terminates its existence, or (if an individual) dies; or (g) you fail to maintain the insurance required by Section 6. Time is of the essence under the Lease. 11. Remedies. If a default occurs, we may, to extent permitted by applicable law, do one or more of the following: (a) require you to return the Equipment in the manner outlined in Section 9, or take possession of the Equipment; (b) recover from you, AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY (1) if the Equipment is returned and the Lease is deemed to be a lease and not a secured transaction in our sole discretion, the sum of (1) all Lease Payments and any other amounts then due and payable to us; (2) the present value of all remaining Lease Payments and other amounts, discounted at the Discount Rate; (3) the cost to repair and refurbish the item of Equipment so that it is in satisfactory condition in accordance with Section 9 and (4) unamortized amount of our Initiai direct costs of originating and administering the applicable Schedule, (ii) if the Equipment is returned to us and the lease is deemed to be a secured transaction and not a lease in our sole discretion, the difference between (1) the Termination Value as of the date of such default; and (2) the net proceeds we receive from any sale, lease or other disposition of the Equipment (after deducting all of our costs and expenses) or (iii) if the Equipment is not returned to us, the Termination Value as of the date of such default; (c) declare any other agreements between you and us (or any of our affiliates) in default; (d) terminate any of your rights (but none of your obligations) under any Lease and any other agreement between you and us (or any of our affiliates); (e) charge you for the expenses incurred in connection with the enforcement of our remedies including, without limitation, repossession, repair and collection costs, attorneys' fees and court costs; (f) exercise any other remedy available at law or in equity; and (g) take on your behalf (at your expense) any action required by the Lease which you fail to take. These remedies are cumulative, are in addition to any other remedies provided by law, and may be exercised concurrently or separately. Any failure or delay by us to exercise any right shall not operate as a waiver of any other right or future right. 12. Assignment You will not assign, pledge or otherwise transfer any of your rights or interests in the Lease or any Equipment without our prior written consent. Any assignment without our consent will be void. The Lease shall be binding upon any successor or permitted assignee. We may assign the Lease or our interest in the Equipment at any time without notice to you and without your consent. We may provide information about you to any prospective assignee or participant. You agree not to assert against our assignee any claims, offsets or defenses which you may have against us. 13. Indemnity. You are responsible for all losses, damage, claims, Injuries to or the death of an individual, and attorneys' fees and costs ('Claims"), incurred or asserted by any person, in any manner related to the Equipment or the lease thereof, including its use, condition or possession. You agree to defend and indemnify us, and hold us harmless, against all Claims, although we reserve the right to control the defense and to select or approve defense counsel. You will promptly notify us of all Claims made. Your liability under this Section is not limited to the amounts of Insurance required under the Lease. This indemnity continues beyond the termination of a Schedule, for acts or omissions, which occurred during the Lease Term. 14. Representations and Warranties. You represent and warrant to us, as of the date of this Master Agreement and of each Schedule, and covenant to us so long as the Lease is in effect, that: (a) you will not change your name without giving us at least 30 days' prior written notice; (b) each document you sign and deliver to us is duly authorized, executed and delivered by you, and is your valid, legal and binding agreement, enforceable in accordance with its terms; (c) execution, delivery and performance by you of any Lease does not and will not (1) violate any applicable law; (2) breach any order of court or other governmental agency, or of any undertaking you are a party to or by which you or any of your properties are bound; (d) you will comply with all applicable laws, ordinances and regulations; (e) all information you have given to us is true, accurate and complete; and (f) since the date of the most recent financial information given to us, no material adverse change in your business, assets, or prospects has occurred. You will promptly deliver to us such financial statements, reports and other information as we may request. Unless you are an individual, you also represent and warrant to us that: (a) you are and will remain duly organized, validly existing and in good standing under the laws of your jurisdiction of organization; (b) you are qualified to do business under the laws of all other jurisdictions where qualification Is required or advisable; (c) you will not change your jurisdiction of organization or organization type without at least 30 days' prior written notice to us; and (d) the execution, delivery and performance by you of the Lease will not breach any provision of your organizational documents. 15. Governina Law: Jurisdiction: Venue. EACH LEASE WILL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF IOWA, WHERE THIS MASTER AGREEMENT IS ACCEPTED AND ENTERED INTO, except for its conflict of laws provisions. You irrevocably submit to the non-exclusive jurisdiction and venue of federal and state courts located in Des Moines, Iowa and will not claim it is an inconvenient forum for legal action YOU AND WE IRREVOCABLY WAIVE ANY RIGHT YOU AND WE MAY HAVE TO A JURY TRIAL, 16. Miscellaneous. WE HAVE NOT MADE, AND DO NOT MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE EQUIPMENTS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE. WE ARE NOT LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. You acknowledge that no supplier or dealer of the Equipment is an agent of ours, or authorized to act for or bind us. You agree not to withhold any amount you owe us if you believe you have a claim against us, or any Equipment supplier(s) or manufacturer(s), but to pursue that claim independently. Any claim you have against us must be made within two years after the event that caused It. All notices must be in writing and will be deemed given 5 days after mailing to the intended recipient at its address indicated above, unless changed by a notice given in accordance with this Section. Each Lease supersedes and replaces all prior understandings and communications (oral or written) concerning the subject matter thereof. Except as otherwise provided in Section 11(d), no part of any Lease can be amended, waived or terminated except by a writing signed by both you and us. Any part of this Master Agreement may be signed in separate counterparts that, together, will constitute one document. If a court finds any part of this Master Agreement to be invalid or unenforceable, the remainder of this Master Ag r will remain in effect. You permit us to monitor and record telephone conversations between you and us. RREIVED GOR MLA $1.00 Purcnaaa Option Nov 16 2013 App 115966 APR 10 2014 DEERE CREDIT INC. (Page 8 of 42) Agreement No. 0058281 ire ADDITIONAL TERMS AND CONDITIONS OF MASTER LEASE AGREEMENT t, By providing any telephone number, including a mobile phone number, to us, any of our affiliates or any debt collectors we retain, we, such affiliates and such retained debt collectors can contact you using that number, including calls using an automatic dialing and announcing device and prerecorded77 calls, and that such calls are not "unsolicited" under state or federal law. All of our rights under each Lease shall remain in effect after the expiration of, the Lease Term or termination of the Schedule. Goff MLA $1.00 Purchase Option Nov 16 2013 App 115966 RECEIVED APR 10 2014 DEERE CREDIT, INC. (Page 9 of 42) aft wo JOHN DEERE FINANCIAL Co -Lessee Addendum •' (To Master Lease Agreement) Golf MLA $1.00 Pumhaae Option Nov 15 2013 App 115966 RECEIVED APR 10 2014 DEERE CREDIT, INC. Master Lease Agreement No. 0058281 Lessee; CCA SILBANDIGOLFCORP/ROUND ROCK, INC. DBA FOREST CREEK GOLF CLUB (Name &Address) 99 TWIN RIDGE PKWY, , ROUND ROCK, TX 78664 Lessor: DEERE CREDIT, INC. 6400 NW 86h ST, PO BOX 6600, JOHNSTON, IA 50131-6600 By signing below, each of the co -lessees identified below (each, a "Co -Lessee") acknowledges and agrees that (1) the Lessee indicated on the above referenced Master Lease Agreement (the "Master Agreement') and EACH CO -LESSEE SHALL BE JOINTLY AND SEVERALLY LIABLE FOR ANY AND ALL OF THE OBLIGATIONS set forth in the Master Agreement and each Lease Schedule entered into from time to time thereunder including, but not limited to, the punctual payment of any periodic payments or any other amounts which may become due and payable under the terms of the Master Agreement, whether or not said Co -Lessee signs each Lease Schedule or receives a copy thereof, and (2) it has received a complete copy of the Master Agreement and understands the terms thereof. In the event (a) any Co -Lessee fails to remit to the Lessor indicated above any Lease Payment or other payment when due, (b) any Co -Lessee breaches any other provision of the Master Agreement or any Lease Schedule and such default continues for 10 days; (c) any Co -Lessee removes any Equipment (as such term is more fully described In the applicable Lease Schedule) from the United States; (d) a petition is filed by or against any Co -Lessee or any guarantor under any bankruptcy or Insolvency law; (e) a default occurs under any other agreement between any Co -Lessee (or any of Co -Lessee's affiliates) and Lessor (or any of Lessor's affiliates); (I) or any Co -Lessee or any guarantor merges with or consolidates into another entity, sells substantially all its assets, dissolves or terminates its existence, or (if an individual) dies; or (g) any Co -Lessee fails to maintain the insurance required by Section 6 of the Master Agreement, Lessor may pursue any and all of the rights and remedies available to Lessor under the terms of the Master Agreement directly against any one or more of the Co -Lessees. Nothing contained in this Addendum shall require Lessor to first seek or exhaust any remedy against anyone Co -Lessee prior to pursuing any remedy against any other Co-Lessee(s). zed terms not defined in this Addendum shall have the meaning provided to them in the Master Agreement. Corporations — LLCs — Partnerships Individuals ONCOURSE STRATEGIES GOLF, INC. i tm 1001 S CAPITAL OF TEXAS HWY STE 200 BLDG M WEST LAKE HILLS, TX 78746 By: sv�By: J MICHAEL US ERY P SI NT Date: » � Date: Golf MLA $1.00 Pumhaae Option Nov 15 2013 App 115966 RECEIVED APR 10 2014 DEERE CREDIT, INC. (Page 26 of 42) GJOHNDEERE ST CA"It GULF CLUG Purchase Order for John Deere Equipment (U.S. Only) PO# 62667565 PO #revision# Original _.a �.__.. D'J.k�FtA,SERA[;Ct Frp:iEN Su h'AAf_AA �'-- EI, WfJllpmson _ amms t;23tR2{73 UITIN TIN TURF i TRACTOR *a STEVE RAWKINO PW KY .})AusSfa� ..{4M ttLEFALLS, TXtaaa: WlAGfAS.ERSN ,oto Situ m#3b4fT i 'r` i k 1 rn� sna ua4sr twss>y 0?w from Gama the ECtaoman! aaacnb.d ,»row L►' deaivuaW k1 itwah trcaw Ths ardw ,t saq} sa owwo abtfy k ow^A errs EgwprnaMtt i _ 170Vfi[ - ----- 5or1t AJ rMuaw!r..twr+ yhp De" Abri Da undw bo m d adwry a tn. P..r2wer,»n ai (��ATp 41p Rte-- - fad �+ fir nrwa cu. to (nbx a►ta'tsutrrr trang"o ,j a L alms w for r.;y rw twvand AsaHKs c5nlyd. T+x Drtaa &low. bwprr n Z,/N_. to UtMKs resp, ours E U►a o Y pnnl 10 gny ohrrigo tr, Pnop by ti * r`IMM1hi( eI ! tai �%M fWp to Rhy rte' a aM�V US. St7i-roranea tris► Wr VC440C u00A th► sW o Tho FgtaDt%w t a(W 74 (lata at IN► adw N[t LSAtaSOu TX TsMrr' 4W+M1S fW W+.ODaE +u tdlw.+r`�ia'I"j' „r• t+ta rs. r k y I Haan ci t Ol"y ty AAA t �._..--• - - .. .��-- PRODUCT CASH PRFCP. E9UIft 10n1 d Vlk1a 4aGKi &ew1G! eM ID•ENTLFIGATION + (Of Total L48W (,antra modal, Sart e. Daiono400) I n-------._. ----. � Llss r.xMsraro R...z....� ,n. +v,w,+"C x�^qs! al a ✓ L'1 l+a WT* atxl.r Etriutrtwrs as • laraa�n t0 L.. aped 60.1 > t a* osn pen Sa ' ".s; *-.a Toner d ►tt swvn;y aprwnrtAs Wn4 sM arorxMMxarr..a. at (ha Lme of lf*n,, - b yeu ?•ri tOlo�^C s a ts.svyl4pn and lha the, b DA late" fns aScfi nam. TOTAL CASH PrZ'CE S to Oto 00 QTYDESCRIPTION OF TRADE.IN Htyuls PRODUCT - --- -- of Lyse IDENTIFICATION NUMBERAMOUNT �f1,ct�hxAgE'#� 1iAR,rt-T TOTAL TRAi W Ai LOV1►r;C= $ 0 00 1 4flffi{tldnCtal 94 Ga f COurm 1. TOTAL C4%"4 dbCt S14.000, OD •2. TOtAL Tf1Ap!<JKA,LiOWAlef;t ! S 0 : 40 COMMENT&; S. TOTAL -,RAI e4w ►aY#F S Q a ap E13u,p9ntent sold las is wltn 01YAa film!% fnW oad. 4. NALANC4! 214 OCtO: 00 �. WL•, V I AL S 14.004 M '1. C.A#it tyt]TI fM'.ilsf & a t 00 ,10.1tENTA�AP�LtlO $o D0 t 1. CAS" ORlCOuhT so _OD_ 'Z-LAf;d WE _ 14007 (�} 1MpORTANT WARRA NTY NOTICE Tna Jeann DSut wa nn;y rppAgabib ea + yv 1vts Oedp F.qugq+tra to prM*c AM ,nc(vdao a flit dwhamsna 7hara ;and Wtnanty�0n vend `tf«6rknt The nwyv� unryr,l sygrr6fty :a pAm a tnie eantraa Pttasa t#a.I cowttiy YOUR RyG1nt.ANGRf1fIi0fLr>! PDtTaLAtiNG TO I}11! ►URCNA#! AfSE LM+GTeO AS i6T fCAT14 W TBE YrAMRANTY AND n4S CONTRACT. 114�D WARRANTIrS OP MEAC1LlHTAfl,tyTY Ayyo I'Misi ARES NOT MADE AND ARE ILXCWDEO U1 CSS iIQCl/ICALLY Ps10VIQ£Q IM Tito 1414y I?E!<AE lYARRANTt- wAnO,A fudh« no6p t0 Ptyti;aasr! np n V2w ar,naraM .h L"+a F4#rtfrn6 ►'.,'cttaaa+#gr+fa t+W John D+re anG OMA+ itr.Mt aAiNatai. av0o.s.aas aaid aitrp+l,. nsrp.ran a o+MC.t a'"► (o 0) suau U" Cooed Soo 'u►dm* anY Aaq Pw'm-yea q' CatrrAnd be' y or nand Eg,uPmaM or any +w�(r t Cmc» CWS) t.l Acxna Uei&h" Oratr a»ay srrouG`, dai reporting otwa's i 4egrxsd *qNn at adscnad r EgwDmanf afstltad TtliarJS *porno Syrama"f. (tel t,pdata M Fina Rrpnel, 5 � w+wra v Mom "M to 4" hfs3ar a 004 wet ze Used ,n t000rdanta *1th JOM CW16 w.c4n,.y Darts Po;" toO M xw Jde,ODsata oarwf is ayy Mowry wham a a 04nrraad, mcvdnn 101'10 U 6A. ��. f labsfr. Orta m..r tis vsnMa+rad out dlna Ds6CL03URE OF REOULATION AFUCAWI. tY: Whan cceexad m Caadarma, any op road Oarer y y Ce mty to "eel rt Lia CaiNvry M Alf RnwUt�s I am in Ura C1.. -Q d C»s►t V*Vow P.pd.t.an +: I*!wwo CeLid be is b4c: 10 rraett Ct tKs.se!a4a tUr.+or►r=aa .atnwno. to Fee..lnrsa 6nf d ur poilv'A S21 AGKHGWtA0GiNENti •f (tial, PrWW4 f0 P14 (!t. b"'Wa dint t►na I; shwa Amro m C*wl of la W90=* a Tr. EAta A�r"g" (POL" rtrisn rmaCd(WWL Or Leae Aatawn*nl t7! Aho ptrrJMsla enc. M B1. EtS.Pj!.(tt. OA OWWng CVWV" ViOtm Masr.an or 4mbWk a Lem 64 A,vsarrta?e. am d DsRxs sarWry !N r*4 ru+fimfTrl a,frse harnn RasDrt,r frtywr aaaaaN a+ 1^.! >iCuvn � t Mf: shw-0r.q&A m M "W uAW a" d tan lotagorq is .xan,ars ,*C PW Ch![ef`i Sap:u�fa s(xapind r Purrnasers SiQrktlUrA colt SllespetstXi ±tAitAtl3 TEI�14 DELIVERED oN+ WARRANTY BEGINS! Rage I of d (Page 33 of 42) JOHN DEERE tai Physical Damage/Liability Insurance., FINANCIAL Lease Schedule No. 020-0058281-000 Master Lease Agreement No. 0058281 Lessee: CCA SILBANDIGOLFCORPIROUND ROCK, INC. DBA FOREST CREEK GOLF CLUB (Name s Address) 99 TWIN RIDGE PKWY,, ROUND ROCK, TX 78664 "^ Lessor: DEERE CREDIT, INC. 6400 NW 86' ST, PO BOX 6600, JOHNSTON, IA 50131-6600 LIABILITY INSURANCE on the above referenced Lease Schedule (the "Schedule") to the above referenced Master Lease Agreement will be provided by the following insurance agency: Name of Agency: WO(l;V M 64E01YnZ- 5yV40t pct Phone Number of Agency: SLzIy� -Oa31 Mailing Address of Agency 224 w VA ST 4'041ZC 1`400 hPnO rK 7070) Fax Number of Agency PHYSICAL DAMAGE INSURANCE on the Schedule will be provided by the following agency: Name of Agency: Phone Number of Agency: Mailin ss of Agency Fax Number of Agency If an insurance certificate is available, it should be provided in place of the above information ADDITIONAL INSURED and LOSS PAYEE: Deere Credit, Inc. Its Successors Wor Assigns 6400 NW 86°i St Johnston, IA 50131 The undersigned agrees and understands that, pursuant to the provisions of Section 6 of the Master Lease Agreement, the undersigned must at all times (1) maintain public liability insurance, covering personal injury and property damage for not less than $1,000,000 per occurrence, naming us (and our successors and assigns) as additional insured; and (2) keep the Equipment insured against all risks of physical damage for no less than its Termination Value (as such term is defined in Section 7 of the Master Lease Agreement), naming us and our successors and assigns) as sole loss payee. CCA SILBANDIGOLFCORPIROUND ROCK, INC. 99 TWIN RIDGE PKWY ROUND ROCK, TX 78664 By:# 2WQ( J MICHAEL UPS RY, PRESIDENT Date: Office Use Only Contact Date(s): Contact Name: Liability Insurance Company Policy #: Liability Insurance Expiration Date Liability Limits: Notes: Physical Damage Insurance Company and Policy # Physical Damage Insurance Expiration Date Insured Value: Notes: Loss Payee Deere Credit, Inc.? Verlfled By: ❑ Yes OWIII Be Added nMAIVED Goff MLA $1.00 Pumbase Option Nov 16 2013 App 115966 APR 10 2014 DEERE CREDIT, INC, (Page 42 of 42) f.._ JOHN DrzeFRE FINANCIAL GOLF COURSE PROFILE — GOLF LEASINQ PHONE: 1-883-777-2550 FAX: 1-888-777-2561 DISTRIBUTOR DATA r _ ani 4-._ .�..-J 1(:^er, °Cilr,ar`u CUSTOMER DATA C CCA j ooj bq 4rCvwf 0,V10 to 011c 7�`_� t3,a 11-9'i a� i� t,,,t�1G• � 011F CL�9 Iar � !dJ ; r -,._ 'tlr�':�c.•"! __ fear s.a: s.:'d• 192-• qLA 7-A d jlC(Jbt^ Q►3'��'I'a'I 52 s-- 3(t7-1 ticr ��'+%yr•,J,'J (ZtiGfa L r� 7 i�tf' �'f•'lne'i-_rn�r:: +. 1 00 t S Ch i't ri}t_ rF 7 �a'r F. S12. 1 rr{a 77s iy 6vv 31 10 t;'a%t W-7 vti 2G'u7 /2 !�. .. ,' , __�^� I_.•N�'� Inl rfu i ..S!? M1. o.. `: +,?✓•.Ci :n - 'ATL, S N1P WSI .2- 'V 0 it"Lr,c,i . . _ / COURSE INFORMATION 0, r .ale O b1t.l l;��t p Rp"r t `!u•'•Jtt :nt h^in, — 'rJ ..a:•'±to, ,i •t;_'1.5 t^.iJerd dr'n ' _ + o, t:r:JF :tir,•t%,g -raw Iy i eE'n ft+�4 1 tt�1Li 5$ wk RQ ?i✓tt.f QL4GG Q 't �tomt -) 000L 2 G• 7 fyb6 y REFERENCE INFORMATION _ RNANCUL REFERENCE u /j, oz -,,.4 , NDN-FINANOX GOU NNSTRYTRADEREFERENCES Lon':.c". rlt—.. 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Ci.`.drii•ol tt ;:.J':: C: 1 ...rj ,.�,� ':'u'.2 CL -8' :Cnr+:?rfft Cf>; n, y+• M•i..,1 •.::::',S t�',!7njs!i n'k .,fa yr' 'r A:'G:3r:t�4,.'-�y F� .').+-'Ca':J,CJ•c• a' •x�iurP^ro, ar:- i-• •r,, -r r .ant; wucyrF ..•• .Kc: - ": d' ',r,•• •p::a a ^t:+c•crzJr.^, JC_I on !C• •r -r q.,•: .'r �.<c . r.+' ',?'?Ke < v •t Cnrv',r sr w F �,.r d .�•f:; • - -y - ❑ _ aJ ''nr .JJC,N;.nrt , � :.ni ars+f '•r-!.! w.'i'_t.0 rti,'r3 L: ,; i� 1t,+' -r ' kinY 't •.r•..a• '.t. ..a...�, ^ •`'':E41•.`, 'AC'au' ^'!M/�ird3r.. (�:J t,f .J`..^ir _i. (-((}., A. IA Js C'r%} F wV� 1 �eC•"` l - .. �•' p� 1 /'., Completed and signed form. with copy of Customer Purchase Order maybe scanned and sent to 10171easeg.lohnDeere.com or faxed to 1 -88B•777 -2W City of Round Rock ROUND ROCK TEXAS Agenda Item Summary Agenda Number: Title: Consider authorizing the pay-off of a Lease/Loan Agreement with John Deer Financial for equipment at Forest Creek Golf Club. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 1/13/2017 Dept Director: Susan L. Morgan, CPA, CFO Cost: $1,803.45 Indexes: Attachments: Round Rock Lease Contract Department: Finance Department Text of Legislative File CM -2017-1289 Consider authorizing the pay-off of a Lease/Loan Agreement with John Deer Financial for equipment at Forest Creek Golf Club. The Finance Department is requesting authorization for a one time pay-off of a Lease/Loan Agreement acquired by CCA Silband/GolfCorp/Round Rock, Inc, dba Forest Creek Golf Club while they were the Management company responsible for running the Forest Creek Golf Club. The equipment purchased under this agreement is a 2007 Pro -Gator with a 2007 Select Spray Series Sprayer that is currently located at Forest Creek Golf Club and the property of the City of Round Rock. CCA Silband/GolfCorp/Round Rock, Inc, dba Forest Creek Golf Club is no longer the management company for the Forest Creek Golf Club with Kemper Sports Management taking over the management responsibilities as of January 1, 2017. Finance Department has determined that it is in the best interest of the City to pay-off this agreement. The cost to pay off this agreement is $1,803.45. Golf Course Enterprise Fund Staff recommends approval of this action. City of Round Rock Page 1 Printed on 1/12/2017