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HomeMy WebLinkAboutLease AgreementLuse Agreement AGREEMENT # T2034138 l Send Account ingttltius to: 1.310 114adrid Street - IllaniaaU, 11J)Y 56258 Send Rapinsnts iD: PC Box 730448 • St. Louis MO 63178-0448 The words Lessee, you and your refer to Customer, 'rho words Lessor, we, us and our refer to TAYLOR LEASING CORPORATICN, DBA TAYLOR LEASING & RENTAL, CUSTOMER INFO - • TKON PULL LEQAL NAMi CITY OF MIAMI ST.7 ACORMS 3501 RICKENBACKER CAUSEWAY PITY &TATE ZIP mime - MIAMI, FL 33149 EQUIPMENT LOCATION IF DIFFERENT FROM MOW.) 350'1 RICKENBACKER CAUSEWAY, MIAMI, FL 33149 R•MAIL FAX (305)347-4800 OII.UNG STRccr ACOR38S OF DIFFERENT FRO(vI CUS TCMER ADDRESS ABOVE) CITY 3501 RICKENBACKER CAUSEWAY MIAMI, FL 33149 srATE rrr 1- 2016 WIGGINS MODEL VV2.9M2-130-H2 LIFT .TRUCK Icgelherwtlh all mp4n.e rei1Io, pans, retinas, addtona mrnaccetstnns Incorporated Wattle orattachee thereto and any and at praeeds elite turner. ridteeng, Wheel:Iron-ton, in:crra to recoeelef, Advance Payment: IQ,QO maappllciwSlaxas), If nu Advance Payments required, the first Payment le due 30 days alter the Agreement stem dale. f4 Payments a($5.819.Q0 fp'us.apattreb1etexeat The loan contract payment ('Paymonr) padnd Is monthly unless otherwise Indicated. interim rent/duo date adjustments will ha in an amount equal to 1130" of the Payment, multiplied by the number of days bal'woan Iho Agreement alert data and Ikorust Payment due dale. You may choose ono of the Wowing o,ttons, wI ah you may exarctse at the end of the crginal tern, provided that no avant of detest! under Iho Agreement has occurred and is conllnu'n9. If n0 box IS checked, then Fair Market Value will ho your end of lease option. Leases with $1,02 purchase options will mine renewed. To the astern that any protease option lndlealo3 that die purchase pricy will be t1 a °Fair kis,kerValued (or "FMV"), ouch !nrrn moans lbm value Mlle Equipment In continued use, r I) Purchase ell but not less Nan all of tea Equipment for Its Falr Market Value, 2) Renew lea Agreement per paragraph I, or 3) Return the Equipment per paragraph 3. t) Purchase all but not lass than ell of No Equipment for $ 2) Renew the Agreement per paragraph 1. Or 3) Rolum too Equipment per paragraph 3. Purchase all but not loss than all of Na Equipment to $1,00. Min Upon acceptance of the Equipment, 71-113 AGREEMENT IS NONCA-NICELABLE, IRREVOCABLE- AND CANNOT BE,TERM(NATEr7. 1, AGREEMENT: For huainass purposes only, yuu agree to lease from us the goods (the "Equipment') and/or to finance certain licensed software awl services ('Financed henna", which are Included In the word "Equipment' unless separately slated) all as described an tills Agreement, as It may be supplemented hem lima tip Irma, You agree to all of the term and conditions conlalned In dips Agreement and any supplamenl, whloh (wi(Ii Iho a0Fepldnce cerdfiaslton) le tea enure agreement regarding lea Equipment ("Agreement") and which supersedes any 'purchase order Or Invoice. You authorize ua to correct or Insert misstng Equipment Idannaoatlon Informal1on and to make overdone to your proper tenet noma one address. This Agreement becomes valid upon execution by us and will alert on the date we myths supplier. Unless atetwlae slated In en Addendum hereto, line Agreement will renew for 3-mordhierm(ot Unfe94 you send uo written nano between 00 and'1ee dayo (heroro Iho and or any term) thatyeu want In pornlrnsn or Mum the Equipment.. If any provlolon of this Agreement to doclar0d unenforceable In any JurledlatIon, the other provisions herein shell remain in furl farce and *Neel n thafjurlsd!dkrn and ail olhera. 2. RENT, TAXES AND FEES: You will pay the Payments (as adjusted) when due, plus nit appllrebto ratan, assessm onto and manias rotated to Oils Aprnonlent whether !Wad or assessed on this Agreement, on us (except an our Income) or you, or on the Equipment, Its lease Bolo, ownership, possession, use Or operation. The base Paymentwtll be attestedproportionately upward or doerhword: (1) by up to 1IJ% to accommodate chengoe In the actual Equipment coal; (2) If the shipping.chargos or faxen differ from the eslhmsle gluon to you; (1) Id comply wlln (ha tax Iowa o► the stele In welch IN Equipment le located; and/or Mite down payment orrSdepcat fe dock/clod. II we pay any lases, insurance or other expenses that you irei ear rl/or Iilllny conu ols reree quiredb rider the fUnifr wo Comumercal r:1ml toC d uLICC)0rofhaulaws.e r 6 oit f he datenIns first Paye menafs due you!Abaft ee to pay may ongoll in/tan reeoe InfilIthe amount of $0.00 to cover us for ell ctoaing costa. We will have the right to apply all sums received hum you to any amounts duo and nvrad to us under tea [arms of Iho Agrenrnnnt. If for any reason your check to returned for nonpayment, you virtu pay us a bad chock dhargo of &30 or, If Ines, the maximum charge allowed by law. We may make a profit on any fees, estimated last payments and ether charges paid under thla Agreement . - CUST4 ER ACCEPTANCE By'afgning below, you cerl11/ that you have reviewed and do -agree to at terms and condrttons or this Agreement on this page end on page 2 attached hereto. CUSTOMER (AS REFERENCED A1OVE) 50.800037E FEDERAL TAX 101ONTIFIQA11O1,1 NUMBER TAYLOR LEASING CORPORATION, GRA TAYLOR LtiA8IN4 & R& LESSOR 11010 REV 02/15 SIGNATURE Page 1 of 2 Authorhad Sign Mori rcrt.r- `T GALL/) 3. MAINTENANCE AND LOCATION OF EQUIPMENT; RETURN; SECURITY INTEREST: At your expellee, you agree to keep the Equipment: (1) in good repair, condition and working ardor, In compliance with applicable manufacturers' and rejuIatory standards; (2) free and clear of all Kale aixl chime end (3) only at your address shown on page 1, and you agree not to move it unless we agora In writing. At ic'og as you have given ua thu wdlten notice ea required In paragraph 1 pdor to the expiration or termination of This Ag1eamanra loan, If you do not purchase the Equipment, you will return all but not less than all of the Equipment and all related manuals sod use and maintenance records to a location we specify, at your extreme, In retail re-aulenble condition. Mil working ardor and complete repair, Yuu nee solely responsible for removing any data that may reside in the Gqulpmeot you relum, InGading hut not limited to hard drives, uiak drlono or any other form of memory. You grant Lai a security Interest In the Equipment to secure all amounts you owe us under any agreement with ua, and you aulhertze us to file a finencing statement (UCGi) or be named on IIIo vehicle title to Show our interest. You wilt not Grange your stale of oritnntzallon. haadqua•lela nr resklearcxr wilhauf prouldbhg prior warm notice to us ao that wo may amend or elo a tow UCC-1, You will notify us within 30 days If your stale or argenlza)(on ruveldas or terminates your existence. 4. COLLATERAL PROTECTION; INSURANCE; INDEMNITY; LOSS OR DAMAGE: You agree to keep the Equipment fully insured against dolt and loss, with ua as !Bncler's toss payed, in on amount not less then tho original Equipment coal until this Agreement le terminated. You also agree to obtain a general panne ituuitny Insurance poky with such coverage end from such hlottfanee clrrlur as shalt Ira satisfactory to ua and to Include us an tin addillonal Insured on the policy. You will provide 10 days advan,a written notice to ua of any modifica[lon or cancelladon of your Insurance poilcy(s). You agree to provide ua carlgtc:ales or other evidence of insurance acceptable to us, NOTHING IN THIS PARAGRAPH WILL RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. Wo are not tesponeitrte for, and you agree to hold us harmless and rehnburee us fur and to dolend on our behalf against, any claim for arry loss, expanse, liabsity w Injury ea0sed by or In any way related to deg./err, installalinn, possession, ownership, use, condition, inspection, removal, return or storage of the Equipment, You are reoponsib'a for the risk of ass or (or any destruction of or derange to the Equipment. You agree to promptly notify rein willing of any less or damage. If the Equipment to daulrayad and we have irotothenwise.agraed In writing, you will pay to vs the unpaid balance of this Agreement, Including soy future rent to the end of the term phis the anticipated purchase price of the Equipment (balk discounted at 2%), Any proceeds of Insurance will be paid to ua and credited, at our option, against any lass or damage. You authorize us to sign an your behalf and appoint us as your attorney-in-faet to endorse In your name any Insurance drafts or chocks towed duo to loss or damage to Iho Equlpmenl All IndomnlUas will survive the expiration or terminatlon of Ihb Agreement. S. ASSIGNMENT; YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE EQUIPMENT OR THIS AGREEMENT, without our prior written consent. WBheul our pllor written c0nsont, you shall not reorganize or mdrgo with any other entity or transfer all or a uiubotanlial part of your ownership Intoraotc or assets, Wo may nail, assign, ar transfer this Agreement wlthaut !Vice. You agree That If we sell, assign or transfer this Agreement, cur assignee will have Ills same dghls and benefits that we have now and ,vdt not have to perform any of our oblige:Ions which arose before the aosiknnwnl. You agree that um• asotgnee will not be subject to any claims, defenses, or o0sots that you may have against tie, You shall cooperate wilt us In executing any documentallon reasonably required by us or our assignee to effectuate any such assignment. 'Thin Agreement shell be binding an and Inure to the benefit of the parties hereto and their respective successura and asstyna, 8. DEFAULT AND REMEDIES: You Will to In default it: (a) you do not pay any Payment ar other oum due to us or any other pemon when due or ll you fel to perform to accordance wall the augments., terms and conditions of Ihis Agroorrrent or any other agreement with us or any of our affiliates or any 'pale/fat agreement with any other lender, (b) you make or have melds any ruled statement or mieropr000nlatlon to ua, (c) you dr. any guarantor riles, dlesoiveo or larnlinatoo oxfa[onee, (d) theta has boon c material adverse change In your or any guarantors financial, business or oprratng condLUon, or (e) any guarantor defaults under any guaranty for Ihis Agreement. If any pet of a Payment Is more than 3 days late you agree to pay a tato charge of l00e of the Payment' Mich Is late or if t000, tho maximum -charge allowed bo law. If you are ever in default, at our option, we can terminate Ih13 Agreement and require Blot you pay the unpaid balance of (his Agreement, Including £!ny future Payments to the end of the term plus Iho anticipated purchase price of the Equipment (both dIMc0Unted at 2%s), Wa slay recover default interest on any unpaid amount at the rate at 12% par your, Colcuro/n(1y rind Cumulatively, we ma'p also u30 ally or all of tho remedies Avelloblu to us under Argcten 2A And 0 of the UCC and any otiher!aw, Including requiring that you; CO return the Equipment io us to a Wootton we specify; and (2) Immediately stop using any Mooed Mena. In addition, wo wig have the fight immemntuly and without notice or other action, to set-off against any of your Uabidlies to us any money, Including depository acra3nt balances, owed by us to you, whether or not due. In the avant of any dispute or enforcement of rights under this Agreement or airy raided agreement, you agree in pay our :mermen: nllnrrey'a fern (Including any ingrtrred helve ur at trial, on appeal or In any other proceeding), actual cOutt coats and any olller agitation costs, Inducting any collodion agency fee. If We !hays to lake paaneaalorl of the Equipment, your agree to pay the coats Or repnaaexeian, moving, storage, repair nod sale, The net proceeds or the Salo of dry Equipment will he credited egalnet what you owe us trader INS Agreement. YOU AGR ES THAT WE WILL NOT SE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY DEFAULT, ACT OR OMI(1SLON UY ANYONE, Any delay or Fvilura to enforce taut righle under this A.groeinent will not prevent us from enforcing any rights tit a later tote. You agree that Ihlo Agreement is a "Finance Leland' as defined by Article 2A of the UCC and your rights and romedlso aro govomod oxeluslvely by this Agreement. You waive all dghis under section 2A-5or3 thnsugn 522 of the UGC. 111111am:e is charger; or collected In cross of the nmslmum !awful tato, we will refund Such excessto you, Whk;lt will be your Bole malady. 7. SECURITY DEPOSIT: You will pay any security deposit an the data you sign this Agreement; you grant ua a security intoteet in tho anarchy deposit in the avant this Agrsarnonl is not 'why completed or Is In default, the Security auposil ;rill be retained by us to campensute mu for our pracentng and other expenses, The seounty deposit is non -interest -hearing, and it or a part may be,epplled Sy ua to M ilid(y any amount awed to us by you, in which event you will promptly restore the wildly depot' to Its full amount. If you fully cumpty with u11 conditions herein and you have never been in default al tile Agreement, the security deposit will be refunded to yell after the re bum of the Equipment to accoulenoa with paragraph 3 or omen we are MIN pall. 8. INSPECTIONS AND REPORTS: We will have tha right, at any reasonable time, le inspect tha Equipment and any dccumatlts Waling lolls use, malntanenco and repair. Wilde 3n clays after our request, you will doltvar all requested Inforgallon (inducting lax returns) watch ma deem roadonabiy necessary to delaridne your current financial condition and faithful porferma nco of Iho terms hereof. Thla May include: (1) corrplicd, tot eew ed or audited annual financial sta[ementa (Inchldhtg, without Ilmllation, a balance sheet, a statement of :!come, etaloment of coati kw, a statement of changes in equity and notes to financial statements) within 120 days alto( your fiscal year end, and (d) manegoment.propsred'Marlin Blonde' sluluments within 4S dhys oiler the requested reporting perlocl(3). Annual statements shall set forth the corresponding figures for the pdor fiscal year In comparative form, all in reasonable dnluil wilhauf any quedllcalien er exception deemed in:aortal by no, Unless othervdda nco3pt1d by us, each financial statement submitted to ss shall be preparedr in accordance with generally accepted accounting principles conststenly applied and shell fairly and accurately present your financial condition and results of operations for ilia peacd to which itpurtalne. 0. USA PATRIOT ACT NOTICE; FAXED OR SCANNED DOCUMENTS; MISC.; To help lte government light the funding of tsaorfsm and motley loundoring oettiltins, federal tarn requires all financial institutors to obtain, verily, and record information that identities each cuslmner woo opens an account, When you enter Iola a transaction with us, we ask for your business name, address and other laterrnalfon Ilwl will allow us to idanithy you. We may also ask to sea other documents that subuitrrtrale your business Weakly. Yota Wen !Ostler -nit the original duty -signed doaamerta with the security deposit to us via ovamfght courier the same day of he facsimile or scanned transmission Of the documents. Any faxed or scanned COPY may b0 considefed the anginal, and you waive Iho right to challenge In court the authenticity er binding effect of any faxed er scanned copy or signature thereon. You agree to execute any fuuthar documents that we May request to carry out the Intents and purposes of this Agreurnnnl. All notces shall bo malted or delivered by facsimile transmission or overnight courier to the respective parllos at the acfdresses shown on this Agreement or such other address tie a party may provides In willing from iirno to lino ay pmvirlohg any telephone number, now or In the futur0, lbr a sell phone or other wrdann device, you are expressly consenting to receiving communications, regardless of their prow. tit that Iarmber. Including, but not Smiled to, prerecorded or arlfncial voice massage calls, text messages, and calls made by an automatic dialing system from us and our agonle These rniis and mosaages may Incur access foes from yourprovider. 10. )N_tARL1N1Y nboct_AJI)4 ro, .; YOU AGREE THAT YOU HAVE SELECTED THE SUPPLIER AND EACH ITEM OF EQUIPMENT BASED UPON YOUR OWN JUDGMENT AND YOU DISCLAIM ANY RELIANCE UPON ANY STATEMENTS OR REPRESENTATIONS MADE BY US. We ❑O NOT TAKE RESPONSIBILITY FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT, THE SUPPLIER IS NOT AN AGENT OF OURS ANO WE ARE -NOT AN AGENT OF THE SUPPLIER, AND NOTHING THE SUPPLIER STATES. OR DOES CAN AFFECT YOUR OBLIGATION UNDER THIS AGREEMENT. Y0U WILL CON'fNUt TO MALOI ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, ANO ANY FAILURE OF A SERVICE PROVIDER 70 PROVIDE SERVICES' WILL -NOT EXCIIsS-YOUR OBLIGATIONS TO U8 UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, 0F, AND TAKE A080LUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, DUALITY, ADEQUACY, INSTALLATION, PERFORMANCE, SAFETY,. TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION,. OEPECTS, OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS, YOU ACKNOWLEDGE THAT THE EQUIPMENT 18 EXTREMELY HAZARDOUS WHEN NOT ASSEMBLED, USED OR DISMANTLED PROPERLY, YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF SUCH EQUIPMENT. it. LAW, JURY WAIVER; Agf tttaltft,_INOm(sIl9 lULAalllltlltmentM.,Atdlit!,hyJr9AAe1',,Ellr!rJ.smigg-.j0ena_nrtr(.9tbar...CrAat.ltxionsioti$-.t)tatt.h8-.hi..wrilloo„,00pUt3a gPSeitl01.1191 and be siRnolt by„.l (Qg0,tjiigrceab(ri, Thls Agtooment may fro modified only by Milan ugrr.'emani and pal by course of pederalnnce. Thin Agreement will be 04:vurned Iny and eonetarod In accordance with Minnesota raw. Von consent to junsdreuon and venue of any Meta or redorat (Wert rn MhnneWle End W8IVe the sauces° of Inconvenient forum. For any action arising out of or lelaling to Nfs Agreement or the Equipment, YOU ANO WE WAIVE ALL RIGHTS TO A TRIAL !INJURY, 1101E REV DPII E Pogo 2of2 XCUSTOMER INITIALS TAYYo Lenaku s aEVTAL STATE AND LOCAL GOVERNMENT ADDENDUM AGREEMENT # 203/1.139 Addendum to Agreement# 2034139, dated , between CITY OF MlAivil, as Customer and Taylor Leasing Corporation, dba Taylor Leasing & Rental, as Lessor. The parties wish to amend the above -referenced Agreement by adding the following language: REPRESENTATIONS AND WARRANTIES OF.CUSTOMER: You hereby represent and warrant to us that: (a} you have been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of your governing body to execute and deriver this Agreement and to carry out your obligations hereunder; (b) all legal requirements have boon met, and procedures have been followed, including public bidding, in order to ensure the enforceability of this A reement; (o) this Agreement Is in compliance with all laws applicable to you, Including any debt 'limitations or limitations on Interest rates or finance charges; (d) the Equipment will be used by you only for essential governmental or proprietary functions of you consistent with the scope of your authority, will not be used in a trade or business of any person or entity, by the federal government or'for any personal, family or heueehotd use, and your need for than Equipment is not expected to diminish during the tern of this Agreement (e) you have hinds available. to pay contracted Payments until the end of your current appropriation period, and you intend to request funds to make contracted Payments in each appropriation period, from now until the end of the term of this Agreement; and (f) your exact legal name is as -sot forth on page one of this Agreement, NON -APPROPRIATION OR RENEWAL: If either sufficient funds are not appropriated to make contracted Payments or any other amounts due under this Agreement or (to the extent required by applicable law) this Agreement is not renewed, this Agreement shall terminate and you shall not be obligated to make contracted Payments under the Agreement beyond the therecerrent fiscal year for which funds have been appropriated. Upon such an event, you shalt, -no later than the end of the fiscal year for which contracted Payments _have been appropriated, deliver possession of the Equipment to us: If you fait to deliver possession of tho Equipment to us, the termination shall nevertheless be effective but you shall be responsible, to the extent permitted by law and legally available fnds, for the payment of damages In an amount equal to the portion of contracted Payments thereafter coming due that Is attributable to the number of days after the termination during whk:h you fail to deliver possession and for any other loss suffered by us as a result of your failure to deliver possession as required. You shall notify us In writing within seven days after your failure to appropriate funds sufficient for the payment of the contracted Payments or (to the extent required by applicable law) this Agreement is not renewed, but failure to provide such notice shall not operate to extend the Agreement term or result in any liability to you. TITLE TO TI•IE EQUIPMENT: If the selected purchase option for this Agreement Is $1.00 or $101.00, unless otherwise required by law, upon your acceptance of the Equipment, title to the Equipment shall be In your name, subject to our interest under this Agreement. The parties wish to amend the above -referenced Agreement by restating the following language: Any provision in the Agreement stating this Agreement supersedes any invoice anchor purchase order is hereby amended and restated as follows: "You agree that the terms and conditions of the Agreement and any supplement or scheduler thereto and any related acceptance certificate constitutes the entire agreement regarding the financing or lease of the Equipment and supersedes any purchase order, Invoice, request for proposal or, other related document Any provision in the Agreement stating that the Agreement shall automatically renew unless the Equipment is purchased, returned or a notice requirement is satisfied is hereby amended and restated as follows: "This Agreement will renew for month -to -month terms unless you purchase or return the Equipment (according to the conditions herein) or send us written notice at least 30 days (before the and of any term) that you do hot want it renewed." 10162 REV 01114 Pae91 ore Any provision in the Agreement staling that wo may assign this Agreement is hereby amended and restated as follows: We may sell, assign, or transfer this Agreement without notice to or consent from you, and you waive any right you may have to such notice or consent." Any provision In the Agreement stating that you grant us a security interest in tho Equipment to secure all amounts owed to us under any agreement is hereby amended and restated as follows: To the extent permitted by law, you grant us a security Interest In the Equipment to secure all amounts you owe us under this Agreement, and you authorize us to file a UCC-1 financing statement or be named on the vehicle title to show our interest.' Any provision in the Agreement stating that you shall indemnify and hold us harmless Is hereby amended and restated as follows: "You shall not be required to Indemnify or hold us harmless against liabilities arising from the Agreement. However, as between you and us, and to the extent permitted by law end legally available funds, you shall bear the risk of lass for, shall pay directly, and shall defend against any and all claims, liabilities, proceedings, actions, expenses, damages or losses arising under or related to the Equipment, Including, but not limited to, the possession, ownership, lease, use or operation thereof, except that you shall not bear the risk of loss of, nor pay for, any claims, Liabilities, proceedings, actions, expenses, damages or losses that arise directly from events occurring after you have surrendered possession of the Equipment in accordance with the terms of the Agreement to us or that arise directly from our gross negligence or willful misconduct." Any provision In the Agreement stating that a default by you under any agreement with our affliates or other lenders shall be an event of default under the Agreement Is hereby amended and restated as follows: "You will be In default if: (i) you do not pay any Payment or other sum due to us under the Agreement when due or if you fail to perform in accordance with the covenants, terms and conditions of this Agreement, (ii) you make or have made any false staternent or misrepresentation to us, (il) you dissolve, terminate your existence or file bankruptcy, or (iv) there has been a material adverse change in your financial,: business or operatir.g condition." Any provision In the Agreement stating that you shall pay our attorneys' fens is hereby amended and restated as follows: "in the event of any dispute or enforcement of rights under this Agreement or any related agreement, you agree to pay, to the extent permitted by law and to the extent of legally 8vailable funds, our reascnable attorneys' fees (including any incurred before or at trial, on appeal or in any other procecding), actual court costs and any other collection costs, including any collection agency fee.' Any provision in the Agreement requiring you to pay amounts due under the Agreement upon the occurrence of a default, failure to appropriate funds or failure to renew the Agreement is hereby amended to limit such requirement to the extent permitted by taw and legally available funds; Any provision in the Agreement stating that the Agreement is governed by a particular state's laws and you consent to such jurisdiction and venue is hereby amended and restated as follows; "This Agreement will be governed by and construed in accordance with tho laws of the state where you are located, You consent to Jurisdiction and venue of any state or federal court in such state and waive the defense of inconvenient forum." By signing this Addendum, Customer acknowledges the above changes to the Agreement and authorizes Lessor to make such changes. In all other respects, the terms and conditions of the Agreement remain in full force and effect and remain binding on Customer. Taylor Leasing Corporation, dba Taylor Lensing & Rental Lessor Signature SSignature Title Dale (, Title MOM SI014ER CFTMIS DOCUMENT MUST BE SAME AS ON THE AGREEMENT. A FACSIMILE OF THIS DCCUMCNT WITH SIGNATURE SHALL Fit CONSIDERED TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCUMENT ARE OEP.INF D AS IN THE AGREEMENT. UNLESS SPECIFICALLY STATED OTHERWISE. 10r02 REV01/14 Pop 2 of 2 November 10,2015 City of Miami (TAYLOR LEASING S RENTA 630 N. Church Avenue Louisville, )IS39339 Telephone: (662) 779-5400 Fax: (662) 773-9146 EQUIPMENT LEASE. QUOTA We are pleased to present the following lease quotation for your review. This lease quote is based on the preliminary information submitted by Mr. Al Paradeltt. your Taylor Machine Works equipment salesman. Additional credit information will be required to secure a final approval. EQUIPMENT: One (1) New Wiggins Model W2 0M2 LoPro Marina Li It 'Duck EQUIPMENT COS'E: $316.000.00 FOR Delivered (plus applicable tax) DELIVERY: TBD FULL PAYOUT FINANCE OPTION TERM 60 Mouths LEASE PAYMENTS (PLUS APPLICABLE TAX): S5,819.00 ADVANCE PAYMENTS/SECURITY DEPOSIT: None **Please note the lessee may return the machine at the end of any 12 month period** This quote shall expire on 30 days from today's dam unless accepted by you. Thank you for die opportunity to present our quote: we look forward to a long and mutually beneficial relationship with your organization. If you have any questions please do not hesitate to contact me. Please fax/email hack your signed acceptance to my attention at the above listed fax or at Ibaltardn taylorbigred.com. We will begin the final approval process upon written agreement of these terms by you. Respectfully submitted by. Luke Ballard Manager ol'Leasing Accounts Taylor Leasing Corporation ACCEPTANCE: By signing, you authorize Taylor Leasing Corporation dba Taylor Leasing & Rental to acquire the above described machinery on your behalf and you agree to lease or h, a thh equipment upon tender of same to you by Taylor Leasing & Rental. Title: 1 (4riie..{��+, Date: � 1 - 13- IS l:€,A DELIVERY & ACCEPTANCE CERTIFICATE AGREEMENT# L 2034139 This Certificate is delivered to and for the benefit of Lessor/Secured Party and pertains to the below -described Equipment and/or Financed (terns which are the subject of the above -referenced Agreement between TAYLOR LEASING CORPORATION, OSA TAYLOR LEASING & RENTAL as Lessor/Secured Party and the undersigned as Customer. The words you and your refer to Customer. The words we, us and our refer to Lessor/Secured Party You certify and acknowledge that all of the Equipment and Financed Items (as applicable): 1) nave been received installed and inspected, and 2) are fully operational and unconditional accepted. Further. all terms and conditions of the above -referenced Agreement have been reviewed and acknowledged. Upon you signing below. your promises in the Agreement will be irrevocable and unconditional in all respects. You understand and agree that we have paid for the purchase of the Equipment and/or Financed Items from the below -referenced Supplier and you may contact the Supplier for any warranty rights, which, if the Agreement is a lease. we transfer to you for the tern of the Aareement (or until you default). Supplier: Eauipment and/or Financed Items Description [TAYLOR ;MACHINE WORKS I1- 20131NIGGINS MODELW2.9M2-130-N2 LIFT TRUCK I j I C.�_--. _..___.__._.- _�.._.. -. _ l ( 1 it L I I together with all ,.placements. parts. repnks, additions, and ai:cessons irtra):nroted amain at attaVhad thereto and any and aft pmreads nl Me bet:gincg, .nc/naiad, Svrthoul ling afiun, insurance 3m:ovaries CITY OF MIAMI Acceptance Date I�at c--.. 3.1' NOTE: A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL. BE CONSIDERED TO BE AN ORIGINAL. CAPtTALIZE[ TERM IN THIS DOCUMENT ARE DEFINED AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE. loupe RC'/9?JI5