1
EXHIBIT 10.19
[NISSAN LOGO]
NISSAN
DEALER SALES & SERVICE AGREEMENT
THIS AGREEMENT is entered into effective the day last set forth below by
and between the Nissan Division of NISSAN MOTOR CORPORATION IN U.S.A., a
California corporation, hereinafter called Seller, and the natural person or
entity identified as "Dealer" in the Final Article of this Agreement.
INTRODUCTION
The purpose of this Agreement is to establish Dealer as an authorized
dealer of Nissan Products and to provide for the sale and servicing of Nissan
Products in a manner that will best serve the interests of Seller, Dealer,
other Authorized Nissan Dealers and owners and purchasers of Nissan Products.
This Agreement sets forth: the rights which Dealer will enjoy as an Authorized
Nissan Dealer; the responsibilities which Dealer assumes in consideration of
its receipt of these rights; and the respective conditions, rights and
obligations of Seller and Dealer that apply to Seller's grant to Dealer of such
rights and Dealer's assumption of such responsibilities.
This is a personal services Agreement. In entering into this Agreement and
appointing Dealer as provided below, Seller is relying upon the personal
qualifications, expertise, reputation, integrity, experience, ability and
representations of the individual(s) named herein as Principal Owner(s) and
Executive Manager.
Achievement of the purposes of this Agreement is premised upon mutual
understanding and cooperation between Seller and Dealer. Dealer has entered
into this Agreement in reliance upon Seller's integrity and expressed intention
to deal fairly with Dealer and the consuming public.
It is the responsibility of Seller to market Nissan Products throughout
the Territory. It is the responsibility to Dealer to actively promote the
retail sale of Nissan Products and to provide courteous and efficient service
of Nissan Products. The success of Seller and Dealer will depend on how well
they each fulfill their respective responsibilities under this Agreement. It is
recognized that: Nissan Motor Co., Ltd. (hereinafter called "Manufacturer")
will endeavor to provide motor vehicles that offer outstanding value to the
consuming public; Seller will endeavor to establish a national network of
Authorized Nissan Dealers that can provide effective sales and service effort
at the retail level; and Dealer will endeavor to fulfill its responsibilities
through aggressive, sound, ethical selling practices and through conscientious
regard for customer service.
Seller and Dealer shall refrain from engaging in conduct or activities
which might be detrimental to or reflect adversely upon the reputation of
Seller, Manufacturer, Dealer or Nissan Products and shall engage in no
discourteous, deceptive, misleading or unethical practices or activities.
For consistency and clarity, terms which are used frequently in this
Agreement have been defined in Section 1 of the Standard Provisions. All terms
used herein which are defined in the Standard Provisions shall have the meaning
stated in said Standard Provisions. These definitions should be read carefully
for a proper understanding of the provisions in which they appear.
To achieve the purposes referred to above, Seller and Dealer agree as
follows:
ARTICLE FIRST: Appointment of Dealer
Subject to the conditions and provisions of this Agreement, Seller:
(a) appoints Dealer as an Authorized Nissan Dealer and grants Dealer the
non-exclusive right to buy from Seller those Nissan Products specified in
Dealer's current Product Addendum hereto, for resale, rental or lease at or
from the Dealership Locations established and described in accordance with
Section 2 of the Standard Provisions; and
(b) grants Dealer a non-exclusive right, subject to and in accordance with
Section 6.K of the Standard Provisions, to identify itself as an Authorized
Nissan Dealer, to display the Nissan Marks in the conduct of its Dealership
Operations and to use the Nissan Marks in the advertising, promotion and sale
of Nissan Products in the manner provided in this Agreement.
ARTICLE SECOND: Assumption of Responsibilities by Dealer
Dealer hereby accepts from Seller its appointment as an Authorized Nissan
Dealer and, in consideration of its appointment and subject to the other
conditions and provisions of this Agreement, hereby assumes the responsibility
for:
(a) establishing and maintaining at the Dealership Locations the
Dealership Facilities in accordance with Section 2 of the Standard Provisions;
(b) actively and effectively promoting the sale at retail (and, if Dealer
elects, the leasing and rental) of Nissan Vehicles within Dealer's Primary
Market Area in accordance with Section 3 of the Standard Provisions;
(c) servicing Nissan Vehicles and for selling and servicing Genuine Nissan
Parts and Accessories in accordance with Section 5 of the Standard Provisions;
(d) building and maintaining consumer confidence in Dealer and in Nissan
Products in accordance with Section 5 of the Standard Provisions; and
(e) performance of the additional responsibilities set forth in this
Agreement, including those specified in Section 6 of the Standard Provisions.
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ARTICLE THIRD: Ownership
(a) OWNERS. This Agreement has been entered into by Seller in reliance upon,
and in consideration of, the personal qualifications, expertise, reputation,
integrity, experience, ability and representations with respect thereto of the
Principal Owner(s) named in the Final Article of this Agreement and in reliance
upon Dealer's representations concerning the ownership of Dealer as follows:
(i) Dealer represents and agrees that the person(s) named as
Principal Owner(s) in the Final Article of this Agreement, and only those
person(s), shall be the Principal Owner(s) of Dealer;
(ii) Dealer represents and agrees that the person(s) named as Other
Owner(s) in the Final Article of this Agreement, and only those person(s),
shall be the Other Owner(s) of Dealer.
(b) HOLDING COMPANY. Seller requires that a natural person be named as the
Principal Owner(s) of Dealer because Seller relies on the personal
qualifications, expertise, reputation, integrity, experience, ability and
representations of such individuals. If one or more of the owner(s) of Dealer
is a corporation, partnership or other entity and not a natural person
(hereinafter called "Holding Company"), Dealer and Seller agree that the
natural persons listed in the Holding Company Addendum of this Agreement as
owners of the Holding Company shall be deemed to be the Principal Owner(s) and
Other Owner(s) of Dealer, as the case may be and that the terms and conditions
of this Agreement, including without limitation the provisions of this Article
Third and Sections 12, 14 and 15 of the Standard Provisions, shall apply to
the owner(s) of the Holding Company as well as to Dealer. Dealer represents to
Seller and agrees that the Holding Company is owned as indicated in the Holding
Company Addendum to this Agreement.
(c) CHANGES IN OWNERSHIP. In view of the fact that this is a personal
services agreement and in view of its objectives and purposes, this Agreement
and the rights and privileges conferred on Dealer hereunder are not assignable,
transferable or salable by Dealer, and no property right or interest is or
shall be deemed to be sold, conveyed or transferred to Dealer under this
Agreement. Dealer agrees that any change in the ownership of Dealer specified
herein requires the prior written consent of Seller, except only changes in the
record or beneficial ownership interests of Other Owner(s) not effecting a
change in majority control or interest. Dealer shall give Seller prior notice
of any proposed change in said ownership requiring the consent of Seller and
immediate notice of the death or incapacity of any Principal Owner. No such
change, and no assignment of this Agreement or of any right or interest herein,
shall be effective against Seller unless and until embodied in an appropriate
amendment to or assignment of this Agreement, as the case may be, duly executed
and delivered by Seller and by Dealer. Seller shall not, however, unreasonably
withhold its consent to any such change. Seller shall have no obligation to
transact business with any person who is not named either as a Principal Owner
or Executive Manager of Dealer hereunder or otherwise to give effect to any
proposed sale or transfer of the ownership or management of Dealer prior to
having concluded the evaluation of such a proposal as provided in Section 15 of
the Standard Provisions.
ARTICLE FOURTH: Management
(a) EXECUTIVE MANAGER. Seller and Dealer agree that the retention by Dealer
of qualified management is of critical importance to the successful operation
of Dealer and to the achievement of the purposes and objectives of this
Agreement. This Agreement has been entered into by Seller in reliance upon, and
in consideration of, the personal qualifications, expertise, reputation,
integrity, experience, ability and representations with respect thereto of the
person named as Executive Manager in the Final Article of this Agreement and on
Dealer's representation to Seller and agreement that the person identified as
Executive Manager shall be Dealer's executive manager, shall have full
managerial authority for the Dealership Operations, and shall continually
provide his or her personal services in operating the dealership and will be
physically present at the Dealership Facilities.
(b) CHANGES IN MANAGEMENT. In view of the fact that this is a personal
services Agreement and in view of its objectives and purposes, Dealer agrees
that any change in the Executive Manager from that specified in the Final
Article of this Agreement requires the prior written consent of Seller. Dealer
shall give Seller prior notice of any proposed change in Executive Manager and
immediate notice of the death or incapacity of any appropriate amendment to
this Agreement duly executed and delivered by Seller and by Dealer. Subject to
the foregoing, Dealer shall make its own, independent decisions concerning the
hiring and firing of its employees including without limitation, its Executive
Manager.
To enable Seller to evaluate and respond to Dealer concerning any proposed
change in Executive manager, Dealer agrees to provide, in the form requested by
Seller and in a timely manner, all applications and information customarily
requested by Seller to evaluate the proposed change. While Seller shall not
unreasonably withhold its consent to any such change, it is agreed that any
successor Executive Manager must possess personal qualifications, expertise,
reputation, integrity, experience and ability which are, in the opinion of
Seller, satisfactory. Seller will determine whether, in its opinion, the
proposed change is likely to result in a successful dealership operation with
capable management that will satisfactorily perform Dealer's obligations under
this Agreement. Seller shall have no obligation to transact business with any
person who is not named as an Executive Manager of Dealer hereunder prior to
having concluded its evaluation of such person.
(c) EVALUATION OF MANAGEMENT. Dealer and Seller understand and acknowledge
that the personal qualifications, expertise, reputation, ability, integrity,
experience and ability of the Executive Manager and his or her ability to
effectively manage Dealer's day-to-day Dealership Operations is critical to the
success of Dealer in performing its obligations under this Agreement. Seller
may from time to time develop standards and/or procedures for evaluating the
performance of the Executive Manager and will advise Dealer and the Executive
Manager of the results of such evaluations, and Dealer shall promptly take such
action as may be required to correct any deficiencies in the Executive
Manager's performance to the reasonable satisfaction of Seller.
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ARTICLE FIFTH: Additional Provisions
The additional provisions set forth in the attached "Nissan Dealer Sales and
Service Agreement Standard Provisions," bearing form number NDA-4S/9-88 are
hereby incorporated in and made a part of this Agreement. The Notice of Primary
Market Area, Dealership Facilities Addendum, Product Addendum, Dealer
Identification Addendum, Holding Company Addendum, if applicable, and all Guides
referred to in this Agreement (including references contained in the Standard
Provisions referred to above) are hereby incorporated in and made a part of this
Agreement. Dealer further agrees to be bound by and comply with: the Warranty
Manual; Seller's Manuals or Instructions heretofore or hereafter issued by
Seller to Dealer; any amendment, revision or supplement to any of the
foregoing; and any other manuals heretofore or hereafter issued by Seller to
Dealer.
ARTICLE SIXTH: Termination of Prior Agreements
This Agreement cancels, supersedes and annuls all prior contracts, agreements
and understandings except as stated herein, all negotiations, representations
and understandings being merged herein. No waiver, modification or change of
any of the terms of this Agreement or change or erasure of any printed part of
this Agreement or addition to it (except filing of blank spaces and lines) will
be valid or binding on Seller unless approved in writing by the President or an
authorized Vice-President of Seller.
ARTICLE SEVENTH: Term
This Agreement shall have a term commencing on the effective date hereof and
continuing until terminated by either party in accordance with Section 12 of
the Standard Provisions.
ARTICLE EIGHTH: License of Dealer
If Dealer is required to secure or maintain a license for the conduct of its
business as contemplated by this Agreement in any state or jurisdiction where
any of its Dealership Operations are to be conducted or any of its Dealership
Facilities are located, this Agreement shall not be valid until and unless
Dealer shall have furnished Seller with written notice specifying the date and
number, if any, of such license or licenses issued to Dealer, Dealer shall
notify Seller immediately in writing if Dealer shall fail to secure or maintain
any and all such licenses or renewal thereof or, if such license or licenses
are suspended or revoked, specifying the effective date of any such suspension
or revocation.
ARTICLE NINTH: Execution of Agreement
This Agreement, and any Addendum or amendment or notice with respect thereto,
shall be valid and binding on Seller only when it bears the signature of either
the President or an authorized Vice-President of Seller and, when such
signature is a facsimile, the manual countersignature of an authorized employee
of Seller and a duplicate original thereof is delivered personally or by mail
to the main Dealership Location. This Agreement shall bind Dealer only when it
is signed by: a duly authorized officer or executive of Dealer if a corporation;
one of the general partners of Dealer if a partnership; or Dealer if an
individual.
ARTICLE TENTH: Special Conditions.
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FINAL ARTICLE
Dealer BOOMERSHINE PONTIAC-GMC TRUCK, INC. , is
-----------------------------------------------------------------
a(an) (SELECT ONE) [ ] individual [ ] partnership [X] corporation,
incorporated or formed under the laws of the State of GA doing business
---------
as BOOMERSHINE NISSAN ("Dealer"). Dealer is located in Duluth GA .
------------------ -------- -------
City State
The Principal Owner(s) of Dealer are as follows:
PERCENTAGE
NAME RESIDENCE INTEREST
- ---- --------- ----------
BOOMERSHINE, WALTER M., JR 4636 POWERS RD. 100.00
MARIETTA GA 30060
The Other Owner(s) of Dealer are as follows:
PERCENTAGE
NAME RESIDENCE INTEREST
- ---- --------- ----------
PERCENTAGE
NAME RESIDENCE INTEREST
- ---- --------- ----------
BOOMERSHINE, WALTER M., JR 4636 POWERS RD. 100.00
MARIETTA GA 30060
IN WITNESS THEREOF, the parties hereto have executed this Agreement in
triplicate as of May 22, 1989 at Carson, California.
-------------
DEALER:
BOOMERSHINE PONTIAC-GMC TRUCK, INC.
- --------------------------------------------------------------------------------
By: /s/ Walter M. Boomershine, Jr. SELLER:
-------------------------------- NISSAN DIVISION
NISSAN MOTOR CORPORATION IN U.S.A.
Title President
---------------------- By:
----------------------------------------
Vice President
Title General Manager, Nissan Division
----------------------------------
By:
--------------------------------------
National Market
Title Representation Manager
-----------------------------------
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AMENDMENT NO. 1
TO
NISSAN DEALER
SALES AND SERVICE AGREEMENT
This Agreement of Amendment is entered into effective
September 6, 1995 by and between the Nissan Division of NISSAN MOTOR
CORPORATION IN U.S.A., a California corporation (hereinafter "Seller"), and
BOOMERSHINE PONTIAC-GMC TRUCK, INC. DBA BOOMERSHINE NISSAN a Georgia
corporation (hereinafter "Dealer").
RECITALS
Effective May 22, 1989, Seller and Dealer entered
into a Nissan Dealer Sales and Service Agreement (hereinafter
"the Agreement"). Seller and Dealer desire to amend the
Agreement to reflect an Executive Manager change.
The identification of Owner(s) and Executive Manager in the Final
Article is hereby amended to read as follows:
"The Principal Owner(s) of Dealer are as follows:
PERCENTAGE
NAME RESIDENCE INTEREST
---- --------- --------
Boomershine, Walter M., Jr. 4959 Habersham Walk 100.00
Gainesville, GA 30504
The Other Owner(s) of Dealer are as follows:
PERCENTAGE
NAME RESIDENCE INTEREST
---- --------- --------
The Executive Manager of Dealer is as follows:
PERCENTAGE
NAME RESIDENCE INTEREST
---- --------- --------
Williams, Richard B., Jr. 1523 Creek Mill Ct. 0.00
Lawrenceville, GA 30244
2. The terms and conditions of the Agreement, to the extent not
modified herein, shall remain in full force and effect and
shall continue to bind the parties hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate
as of the day and year first above written.
DEALER SELLER
BOOMERSHINE PONTIAC-GMC TRUCK, INC. NISSAN DIVISION
dba BOOMERSHINE NISSAN NISSAN MOTOR CORPORATION IN U.S.A.
By /s/ Walter M. Boomershine, Jr. By /s/ Earl J. Hesterberg
------------------------------------ ----------------------------------
Walter M. Boomershine, Jr. Earl J. Hesterberg
President Vice President
General Manager, Division
By /s/ Thomas P. Hushek
----------------------------------
Thomas P. Hushek
Regional General Manager
Southeast Region
Page 1 of 1
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SIGN SCHEDULE
TO NISSAN DEALERSHIP IDENTIFICATION ADDENDUM
MAIN BRAND SIGNS
- --------------------------------------------------------------------------------
(Description & Serial Number)
ID 160-39 020001
ID 30-MNT 060297
DEALER SIGNS
- --------------------------------------------------------------------------------
(Description)
DIR 3-PT-WF DIR 3-SV-WF
SL 16-PT-WF-B-N SL 16-SV-WF-B-N
NL 24-11-WF-B-I NL 30-17-WF-B-I
UC 30-MNT
This Sign Schedule is effective as of May 7, 1991
-------------------------------------------
This Sign Schedule is incorporated by reference in and is a part of the Nissan
Dealership Identification Addendum between the Dealer and Seller identified
below.
DEALER:
BOOMERSHINE PONTIAC-GMC TRUCK, INC.
- --------------------------------------------------------------------------------
Name
BOOMERSHINE NISSAN
- --------------------------------------------------------------------------------
Doing Business As
By /s/ Walter M. Boomershine, Jr. SELLER:
------------------------------
NISSAN DIVISION
Title President NISSAN MOTOR CORPORATION IN U.S.A.
-------------------------
DULUTH GA By /s/ ?
- ------------------------------ -------------------------------------------
City State Vice President
Title General Manager, Nissan Division
17028 --------------------------------------
- ------------------------------
Dealer Code By /s/ D. E. ?
-------------------------------------------
Title Manager, Dealer Market Representation
-------------------------------------
(File this Sign Schedule with current Sales & Service Agreement)
Form #NDA-4 (el) / 9-88
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[NISSAN LOGO]
MAINTENANCE FEE SCHEDULE
TO NISSAN DEALERSHIP IDENTIFICATION ADDENDUM
MONTHLY
SIGN DESCRIPTION MAINTENANCE FEE
----------------------------------------- ---------------
ID 200 $ 71.99
ID 160 $ 26.80
ID 130 $ 23.65
ID 100 $ 21.02
ID 60 $ 17.87
ID 30 $ 11.04
ID 20 $ 11.04
TK 60 $ 15.24
TK 30 $ 11.04
UC 60 $ 15.24
UC 30 $ 11.04
NL-ILLUMINATED $ 2.63
NL-NON ILLUMINATED $ .00
DIRECTIONALS $ 2.63
SL $ .00
This Maintenance Fee Schedule is incorporated by reference in and is a part of
the Nissan Dealer Identification Addendum between Dealer and Seller. This
Maintenance Fee Schedule is effective as of May 7, 1991 and cancels and
supersedes any previous Maintenance Fee Schedule issued to Dealer by Seller.
(File this Maintenance Fee Schedule with Current Sales & Service Agreement)
Form #NDA-4 (e2)/9-88
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[NISSAN LOGO]
NOTICE OF PRIMARY MARKET AREA
The area described by 1990 census tracts in Exhibit A to this Notice,
including the underlying levels of geography encompassed in the same area as
required for full data collection, shall be deemed to be the Primary Market
Area of the Dealer identified below and as defined in Section 1.N of the Nissan
Dealer Sales & Service Agreement (the "Agreement") in effect between the
Authorized Dealer named below and Nissan Motor Corporation in U.S.A.
("Seller"). Exhibit A is incorporated by reference into this Notice.
Such Primary Market Area will be employed by seller, to the extent
applicable, in the establishment of vehicle sales responsibilities of Dealer
under Section 3 of the Agreement.
To the extent deemed relevant thereto, such Primary Market Area will
also be employed in the establishment or amendment of Guides for the Dealership
Facilities and other matters relating to Dealer's Dealership Operations.
The Primary Market Area described in Exhibit A hereto will be employed
by Seller for the foregoing purposes until superseded by a new Notice of
Primary Market Area issued to Dealer by Seller. This Notice of Primary Market
Area cancels and supersedes any previous Notice of Primary Market Area
furnished to Dealer by Seller.
This Notice of Primary Market Area is effective as of April 1, 1997 or
such later date, as may be required by any applicable statute.
DEALER: SELLER:
Name: NISSAN DIVISION
BOOMERSHINE PONTIAC-GMC TRUCK, NISSAN MOTOR CORPORATION IN U.S.A.
INC.
Doing Business As:
BOOMERSHINE NISSAN
City: By
DULUTH -----------------------------------------
Vice President, Nissan Division
State:
GA
Dealer Code: By /s/ Thomas P. Hushek
17028 -----------------------------------------
Regional Vice President, Southeast Region
(File this Notice of Primary Market Area with current Sales & Service Agreement)
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[NISSAN LOGO]
NOTICE OF PRIMARY MARKET AREA
- --------------------------------------------------------------------------------
The area described by 1990 census tracts in Exhibit A to this Notice,
including the underlying levels of geography encompassed in the same area as
required for full data collection, shall be deemed to be the Primary Market
Area of the Dealer identified below and as defined in Section 1.N of the Nissan
Dealer Sales & Service Agreement (the "Agreement") in effect between the
Authorized Dealer named below and Nissan Motor Corporation in U.S.A.
("Seller"). Exhibit A is incorporated by reference into this Notice.
Such Primary Market Area will be employed by seller, to the extent
applicable, in the establishment of vehicle sales responsibilities of Dealer
under Section 3 of the Agreement.
To the extent deemed relevant thereto, such Primary Market Area will also
be employed in the establishment or amendment of Guides for the Dealership
Facilities and other matters relating to Dealer's Dealership Operations.
The Primary Market Area described in Exhibit A hereto will be employed by
Seller for the foregoing purposes until superseded by a new Notice of Primary
Market Area issued to Dealer by Seller. This Notice of Primary Market Area
cancels and supersedes any previous Notice of Primary Market Area furnished to
Dealer by Seller.
This Notice of Primary Market Area is effective as of April 1, 1997 or
such later date, as may be required by any applicable statute.
DEALER: SELLER:
------- -------
Name: NISSAN DIVISION
BOMMERSHINE PONTIAC-GMC TRUCK, NISSAN MOTOR CORPORATION IN U.S.A.
INC.
Doing Business As:
BOMMERSHINE NISSAN
City: By /s/
DULUTH --------------------------------
Vice President, Nissan Division
State:
GA
Dealer Code: By /s/ Thomas P. Hushek
17028 --------------------------------
Regional Vice President,
Southeast Region
(File this Notice of Primary Market Area with current Sales & Service Agreement)
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EXHIBIT A
TO
NOTICE OF PRIMARY MARKET AREA
DEALER NAME AND CODE: BOOMERSHINE NISSAN 17028
This Exhibit A is incorporated by reference in and is a part of the Notice of
Primary Market Area issued to the above named Dealer effective April 1, 1997
-------------
GEOG REF:H/ATL97SSA01
- -------------------------------------------------------------------------
COUNTY:13013 - BARROW GEORGIA
1801.00
COUNTY:13135 - GWINNETT GEORGIA
501.01 501.02 502.02 502.03 502.04 503.04 503.05
503.06 503.07 503.08 503.09 503.10 503.11 503.12
503.13 503.14 504.03 504.06 504.07 504.08 504.09
504.10 504.11 504.12 504.13 504.14 504.15 505.02
505.03 505.05 505.06 505.07 505.08 505.09 506.01
506.02 507.04 507.05 507.06 507.07 507.08 507.10
507.11 508.98
COUNTY:13297 - WALTON
1101.00 1105.00
- -------------------------------------------------------------------------
* TOTAL TRACTS FOR THIS PMA: 47
- -------------------------------------------------------------------------
This Exhibit shows the 1990 Census Tracts that compose the Dealer's Primary
Market Area. Each full or partial County and the individual 1990 Census Tracts
within those full or partial Counties that are included in the Dealer's
assigned market are included for reference. Data on the Dealer's market is
collected by Nissan based on this geography including the related levels of
geography as required for full data collection.
The PMA (Primary Market Area) Map is attached for reference and shows by the
area in the yellow tone the Dealer's assigned market as described by 1990
Census Tracts.
- ------------------------------------------------------------------------------
SOURCE: USAI USING R.L. POLK & CO.
AND NMC DATA 70508 Page: 1
11
[MAP]
NISSAN MOTOR CORP. IN USA
12
[NISSAN LOGO] NISSAN DEALERSHIP FACILITIES ADDENDUM
- -----------------------------------------------------------------------------------------------------------------------------------
FACILITIES & LOCATION SIZE REQUIREMENTS BASED ON TOTAL PLANNING VOLUME REQUIREMENTS BASED ON TOTAL UNITS IN
(Square feet) OPERATION
- ------------------------------------------------------------------------------------------------------------------------------------
New Vehicle New Vehicle Used Vehicle Used Vehicle
Site Address Sales Sales Sales Sales Service Service Service Parts Parts
Building Land Building Land Bars Building Land Building Land
- ------------------------------------------------------------------------------------------------------------------------------------
A. Main Location:
3280 COMMERCE AVE. 4,379 60,159 1,865 29,519 26 17,818 23,446 5,581 3,133
B. Additional Location:
C. Additional Location:
D. Additional Location:
BUILDING
TOTALS BUILDING LAND & LAND
Actual 26,643 116,257 145,900 4,379 60,159 1,865 29,519 26 17,818 23,446 5,581 3,135
Guide 25,798 116,951 142,749 6,323 55,033 451 33,350 28 12,730 25,733 6,294 2,835
Actual
% Guide 114 99 102 69 109 413 88 92 139 91 88 110
NISSAN MOTOR CORPORATION IN U.S.A.
FACILITIES & LOCATION SIZE Body Body
(Square feet) Shop Shop
Building Land
-------- ----
Street Address
A. Main Location:
3280 COMMERCE AVE.
B. Additional Location:
C. Additional Location:
D. Additional Location:
Actual
Guide N/A N/A
Actual
% Guide N/A N/A
Makes Planning Units In
Sold Volume Operation
---- ------ ---------
1. NISSAN 1,797 6,748
2.
3.
4.
5.
TOTALS 1,797 6,748
Guide
Figures Utilized 1,800 6,500
This Dealership Facilities Addendum is executed by Dealer and Seller pursuant to
Section 2.A of the Nissan Dealer Sales and Service Agreement in effect between
said parties and is effective as of the date set forth below. Dealer and Seller
agree that as of the effective date the information above accurately describes
the Dealership Location and Dealership Facilities, the purposes for which each
location is based and the current Guides for such facilities based on the
Planning Volume stated herein. The execution of this Facilities Addendum shall
not be considered as evidence of Dealer's fulfillment of his responsibilities
under Section 2 of the Agreement. Changes in the Dealership Location, the
Dealership Facilities or their _________ from the locations and specific ______
stated herein cannot be made by Dealer without the prior written consent of
Seller. Such changes and any changes in Seller's Guides will be reflected in a
new Dealership Facilities Addendum when deemed necessary by Seller. This
Dealership Facilities Addendum exceeds and supersedes any prior Dealership
Facilities Addenda executed by Seller and Dealer.
(FILE THIS ADDENDUM WITH CURRENT SALES AND SERVICE AGREEMENT)
DEALER:
- -------
BOOMERSHINE PONTIAC-GMC TRUCK, INC.
- --------------------------------------------------------------------------------
Dealer Name
BOOMERSHINE NISSAN
- --------------------------------------------------------------------------------
Doing Business As
By: DULUTH
---------------------------------- --------------------------------------
Signature City
Title: PRESIDENT GA 30136 17028
------------------------------- ---------- --------- ------------
State Zip Dealer Code
Accuracy of information verified for SELLER:
Seller
By: /s/ Tom Holland
---------------------------------- NISSAN DIVISION
TOM HOLLAND NISSAN MOTOR CORPORATION IN ______
Title: ASSISTANT REGIONAL MANAGER By: /s/ Thomas H. Eastwood
------------------------------- ----------------------------------
THOMAS H. EASTWOOD
10/28/96 Title: VICE PRESIDENT NISSAN DIVISION
- ------------------------------------- ------------------------------
Date Verified
THIS ADDENDUM IS EFFECTIVE AS OF By: /s/ Thomas P. Hushek
---------------------------------
THOMAS P. HUSHEK
10/28/96 Title: REGIONAL VICE PRESIDENT
- ------------------------------------- -------------------------------