HomeMy WebLinkAboutLease AgreementLuse Agreement
AGREEMENT Ir
F2034138-7
The words Lossce, you and your refer to Customer. Tio words Lossor, we, us and our refer to TAYLOR LEASING CORPORATICN, DBA TAYLOR
LEA8ING & RENTAL,
KOLL U.GAL NAW- 31 Remi ACORESS
CITY OF MIAMI
3501 RICKENBACKER CAUSEWAY
PITY &TATE 7.IP PHONE FAX
M)AMI, FL 33149 (305) 3474800 (305) 347-4800
SQUIPMEW1.00 WON(IFDIFFErtG,VTI"RotaAeOVk) P -MAIL
3501 RICKENBACKER CAUSEWAY, MIAMI, FL 33_149 _
OILLING STREET AMMOS (IF 011"FERENT FROM C.U9_ TMIER AUUReSS ABOVE) CITY S IAT[ 21P
3501 RICKENBACKER CAUSEWAY MIAMI, FL 33145
1- 2016 WIGGINS MODEL VV3.9h12-130-H2 LIFT TRUCK
Iceeoerelh aG mpla.em.anls, parts, monks, addiUmn andacwelsloes Iaragwralsd Ipaela orallached OW6110 aut anyand at proceeds uflhu `aegcing, it ivrcA , w Iiroul fmAtylon, tasunom recoyttrles,
Advance Payment: W,QQ
(giaoappllcs! 1LLIex,?N),
If nu Advance Pdynient la requbed, the first Payment is due 30 days alter Ills
Agreement aloft dole. -""`—
f4 Payments of-$U-1_9-QQ
Ip!ua.apallnaals:taxe�
The lease contract payment ('Paymonv) padnd is monthly unless otnorwlsa Indlralad.
interlm rent/dun date adjustments will be in an amount equal to 1130" of the Paymenl,
mulllpgrd by the number of days balwoon Iho Agmomont alert data and lfioraet Pnymant
due dale,
Yrnt may choose ono Of the folowing opttona, which you may, exismIse at the end or the erginal terra, provided that no then/ of default under Ills Agreement has oca,rrad and is
tonllnMiq. If no box IS C118CM0, then Fair Markal Value will ho your oral of lease option. Leases with 91,00 purchase optkuls will not bQ renowad. To the extent that any ptnchase
option Ind taloa that oho purchase pric9 will be the °Purr NlurlwWalue' (or"RMV"), auah Inrm moans (be value oithe Egalpinelll In continued use,
i) Purchase all but not less than ail groin Equipment for Its Fair Mathet Value, k) Renaw the Agreement per paragraph I, or 3) Relum the Equipment per paragraph 3.
t) Purchase all but not lass Ilion on of the Equipment for $ 2) Renew the Agreament per paragraph 1. be 3) Return the Equipment per paragraph 3.
Purcha3e all but not lose. than all of the Equipment to 91,00,
Upon e_oceprartce of ire Equipment, 7Fi13 AGREEMENT IS NONCANCELABLE, IRREVMAZLL- AND CANNOTBE,TERMbMM).
1, AMEMENT: For buamrs d puq)oses Wily, you agree to IOZISO from Us Ilia goods (the "Equlpmenl") arKllor to finance certain licensed software 2114- ilorvs:as ('Financed IlenW,
which are Included In the word "Equipment' unless separately stated) all as described on III] ga lament, as It may tie supplemented (tam lima to Ifine. You egrias to all of ilia tomha
and conditions contained In Ihls Agreement and arty supplamonf, whlah (with the acFApldni:e cordo,Ilon) I5 Itto antra agreement regarding rhe Equlpmanl ("Agreamen0) and which
supersedes any ptachese order Or invoice. You mulh0riza us to correct or Insert mlmIng Equipment Ida nnar axion Informollon and to make corrections 10 your proper Iona/ nnma and
address. This Agreerpl nt becomes valid upon execution by us and will alert on Ihu date we Vey Ilia supplier. Uniess oUhen vlae staled In an Addendum haroto, title Agreement will renaw
for 3-mordh (arm(3) uniesa you Bond ua wrfftan notice hohvaan 00 and'i 0 days g:ororo tha and or any Corm) that you want to pornhasn or rulurn the Fgi0mant._ If any proviobh of this
A0roonrent io declorad unonforceobla In any haladicllon, the other pmvialons herein shall remain In full rmce and e(reotin tbal'Jvrlad!ctivn and ail olhars.
2. RCNT, TAXES AND FUSS: You will pay the Payments (as ad)usted) when dua, plus nil appllribio taxes, astimomonta and panallias rotated to 114 ApraomsrlL whether IovIed or
assessed an this Agreement, on us (axcapt on our Income) or you, or on the Equipment, Its lease silo, ownership, posseaston, use Of Operation, 7116 baso Paymes . W111 be adluslad
proportionately upward or doyhw0fd: (1) by up to W% to accommodate changes In (he actual equipment coal; (2) If the 9hipping.chaiges or taxer differ train the Oatirrale gluon to you;
(1) Io wtnply wlih !ha tl>x Iowa u► tits slntn In whkh the equipment is Iocalod; and/or (d} if a ciolyn payment orrSttapaaR is doductsd. II we pay say laxos, lneuratire or o(har expanses that
enoccl irai hof �1/or Iillln r cceiels reas �ulredbdhder �e tllnllof n Cumumetcel C d uUCCrofho9-laws r 6 alhoxdebs�lha Urst paymenafs dua youeag (^3e Wapay ushangoll �^slfan (aa InIItIIa
amountoP 54.00 to cover tis (or all ctoaIng costa. We vett have Iha dgtil l0 oppty all sums received from you to any atttounlO duo ando
nred to ors under oho !amts or Ihu Agresmsn(. if
for
I'd
any reason your chaa! fs eturrted for ndnpayntonL you volt pay us a bad aback "nor
or 630 or, If lase, Iha maximum dice ga dlrnuad by law. We. may ma to a profit on any teas,
e,U=Wd lax paymerne and other charges paid under this Agreement .
Cri/J�tTi.r. r.
By'signing below, you certIF1 that you have reviewed and do -agree to all terms and conditions of this,Agreement on thia page and on page 2 attached hereto.
CITY OF MIAMI
CUSTOMER (A3 Ft5FSRENCEa MOVE) $IIKFUR[ .t- ITLE:
50.8000370 t ems it 11 M] Ll
R LEASING CORPORATION, DIDA TAYLOR LEASING & R& I I Authorized s
SIGNATURE TITLE
REV 02115 Page 1 of 2
3. MAINTENANCE AND LOCATION OF EQUIPMENT; RETURNi SECURITY INTEREST: At your expense, ycu agree to ketap the Equipment: (i) in good repair, condition and
working outer, In compliance with applicable manufacturers' and re,7uiatory standards; (2) frea and clear of all Irma and ctaima; and (3) only at your Ad(kase shown on pop 1, and you
agree not to move it unless wa egroe In writing. Aa until as you have glean us the wdlien notice ad required In paragraph I prior to the axplrallon or termination of [his Agreement's term,
It you do not purchase the Equip riQN, you will return all but riot less Ilion all of The Equipment and all related manuals sad use and malnlanunca records to a location we sp-dly, at your
axpanaa, In rolail re-sulanble contrition, Rid working ardor and con-picle (upadr. You nm solely responsible for rat ov�ng any data that may reside in the Gqulpmant you relum, inclading
but nat;lmlled Io hard ddvee, utak dilvees or any olhnr form of memory. You grant is a security Interest In the L'qulpinum to secure all amounts you owe us ur4er say agrearnool with us,
arid you authorize us to life a financing statement (UCC -1) or be ntmad on Ilio vehicle title to Shall our interest. You will not olfenge your stale of oritnn(zallrxn, Inaadque'lera or resklenrA
without providing prior wiftnrt notice to us ars that we may amend or Ole a now UCC -1. You will notify as wilhin 34 days if your slala of argRniration ruvclwis or terminates your axislbnce.
d. COLLATERAL PROTECTION; INSURANCE; INDEMNITY; LOSS OR DAMAGE: You agree to keep the Egtdprrant fully insured against risk and loss, with us ore !ander's !oss j
payed, in on amount not less then the original Equipment coal until this Agreomont is terminated. You also agfae fa obtain a general prone Ibaultny, Insunince policy with such covetaUu I
and from such histuanee c rdAr as shalt be satisfactory to us and to Inchedo us ors nn additional Insured Ai the policy. You will provida 10 days advance wri len nate to us of any i
modi8cailon or canwllagan or your Insurance poilcy(sJ. You allree to pravkle us nsrltfcefes or o[hmr ovldencA of Rhsumnae acCeplablA ro us, NOTHING IN THIu PARr1pRAP11 WILL '
RELIEVE YOU OF RESPONSIBILITY FOR LIABILITY INSURANCE ON THE EQUIPMENT. We are not responsible far, And you agree to hard us hemiess and rehnbunro its fur tout 10 1
defend on our bolialf agalnsi, any claim for arty loss, expanse, liability of Injury caused by or lit any way related to dell',ery, installation, possession, owneralilp, use, cor lion, fespeegon,
removal, return or storage of Ole Equipment, You are responal" for the rbsir of ass or for any destruction of or damage to she Equipment. You agree to privnpty rwtily Its In willing of
any lass or damage. If the Equipment to doulroyed and we have not otheniise.ogread In writing, you will pay to vs Iha Unpaid balance of (file Agreement, Including any future rent to (he
end of the tornl plus the anticipated pumha8a plica of the Equipment tbalb discounted at 2%). Any proceeds of Insurance will be paid to us and credited, at our option, Against any bass or
damage. You auihodzs us b sign an your behalf and appoint us as your allornay-findaet to endorse In your name any Insurance drafts or cheeps issued duo to loss or damaoo to tho
Equipment. All IndemnlBos will survive the expbraL'on or termination of this Agreamond. !
8. ASSIGNMENT: YOU HAVE NO RIGHT TO SELL, TRANSFER, ASSIGN OR SUBLEASE THE COUIPMOMT OR THIS AGREEMENT, without our prior wrtttmf Cement. Without
our prior wrliten consent, you shall not reorganizo or merge with any olhor Artily or trarsfer all ora uubstongal part of your ownership Intereate or assets. W6 may nail, assign, or kanafar
Oils Agrersmont without nGice. You agree that 11 we sell, assign or uaosfor Oils .Agieraran(, our asa!onee will have Ilia same rights and benefits that we have now and will not have Ia
perform any of our abllgWors which arasa before the aosiLnnurnl. You agree trial um• asalguuu will not be augect to any cldims, dofonaoa, or offssta that You may have agalost
its, You shall ccoperale wilt us In executing any docum8nlatloo reasunably requlre t by us or our assignee to effeelue(a Any such aaalgnment. Thia Agradment sholl be binding CR and
Inure? to Ilia bandit of Iha parties hereto and their roapect;ve auccessurs and assign,
8. DEFAULT AND REMEDIES: You will tm In daradt it: (a) you do not pay shy Paymont or other sum due to us or any other pemon when due or It you fail to portarm in acraldance wah
the ixivennnls, fenny Ord conditlons of Ihis AUruernant or any other agreement With us or any of aur affiliates or any malr,riaf agroament with any other lander, (b) ycu Italia or have
metda any (nlmi statement or m)ereprosenlation to us. (c) you or any guarantor died, dlesolvco or lamiinotoo oxfalonoa, (d) there has boon a motorist adverse chango In your or any
guarantors financial, business or operatng condition, at (a) Any guarantor dedaulis under any Uuafaniy for Ihis Agreemsnl. If arty pail of a Payment Is marc than 3 days late you agree
to pay a late charge of 1016 cf the Payment iMiich Is late or if toss, ilia maximum charge, allowed bti lair. If you are aver in default, at our opticn, we can lorminate this Agroainant and
require ghat you pay life Unpaid bulmice or this Agreemuri Including any future Payllf0fitS W tate anti of the term pros Ilia anilolpated puraliass polce or the Equipment (Loth discounted at
2%), We may recoverdufault interest on any unpaid amuunt at the We at 121/0 par'yenr, Ccrcuunnty and aurnuladvely, we meq Also use ally orallof the remadtaa rivnik,bkt (u its under
Arl1cleo 2A and 0 of the UCC and any other!aw, Including regrddrg quit ycu; (1) ratutm the Equipment m us to a location we specify; and (2) Immediately stop using any Financed trims,
in addillun, we wig have the right, Immadlatoly rand without notice or outer action, to sel-otr against any of your liabilities to us any money. Including depository acraunt belarcas, owed by
us to you, whether or not due. In the event of any dispute or enforcement of fights under this Agreement or airy relAnd agreommil, you agree In rkvi oily :easnnahht allnrray'a fens
(Including any incurred heilurei or hl ulul, nn appeal Or hi Any other proceedltng), aclual Court coals and any olhor colactan costs. Including any aolls(ilon agency fee. If wa have to lake
posnesolon of Ilia Equlpmanl, you agree to pay the coats of repossession, moving, storage, repair mild sale. The not nrocood. of the $Filo of dry Equipment Will he credited egolnsl whet
you owe us under Ihis Agroemanl. YOU AGR ES THAT AV i'1111 NIOT OE RESPONSIBLE TO PAY YOU ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES FOR ANY
DEFAULT, ACT OR OMimsION UY ANYONE. Any delay of hvllura to enforce our rights under this A.Uromnent will not pmvonl us from enlarcimg any rights 41 it later little. You agree that
this Agreement in a "Flnoncc Lasso" an defined by Artldo 2A of the UCC and your rights and tomedluu are Uovomrd axrtuslvaly by this Agreement. You waive till rights under sar:GOns
2A-506lhn1ugh -522 of the UGC. it Inlerast Is chnrgael or crxlerjed In axsrss of the nln1Imllm lAW'i d rate, vie ',rill refund such excess !a you, whk:h will '*a your sola ranfedy.
7. SECURITY DEP08IT: You Wit pay rniy security di;^poatl an Rho data you sign bhls Agreement; you grant us a security imowat in the socially doposit In the event this Agr"ma,it is
not ,Vhy completed or Is In rkNaull, Ilia security euposll "vill be retaired by us to compensate nu for our pracsusing and otherexpenass. Thor seaunty deposit is non-inlaresl-boating, and it
or a part mqy he,epplled ey u9 to SAVOY any amount awed to us by you, ht witch overt you "trig promptly restore Ilia oer:tlily deposit to Its full amount. If you fully comply with all
eondillans haea(n And you have never been in default of this Agreement, Ilia security deposit will be refunded to you after the ro(um of the EgUipmedt in accoxlonua with paragraph 9 or
wfieti wa are nilly paid.
8. INSPECTIONS AND REPORTS: V% will have tha ighl, at any reaconablo lhno, to inspect the L'gripment and any dccuments relating [ails use, mtitntansn o and repair. Within 3a
days after Our request, you will datVer all requested Information (includhig lex shuns) which we doom reasonably rinarvlry to clelarinfne your current financial condllion and tailhlul
pdrfgrmanco of the terms homer. This may Include: (q compllcd, fov4vnad or auditad annual fihendfal statements (Inckldhtg, wit out IImllation, a balance shoot, a slatoment of 'neons, a
atalomant ur cash kw, a Wi!ement of changes In equity and nates to financial statements) within 120 days aRor your Bscad year end, mid (G) manegomentlaripared Wallin finenalal
elulranonts within 45 drys after the requested reporting porlocl(o). Annual statements shall set forth lha correspulkBno figures for tin prior Oscal year in comparative form, All in
reasonable detail wilhout any qualification or exception deemed hi4todal by us, Unless otherMile accepted by us, each financial slolament submitted 0 its shall be prepareo In
i siuccedance will) gonaially accepted aacounling principles wilidatenay applied and aliall rattly and accurately present ycur financial condition and resulk of operations for the padcd to
wrnch itpurtalra.
9. USA PATRIOT ACT NOTICE; FAXCD OR SCANNED DOCUMENTS; MISC,; To help IP6 government fight ills funding of tanortem and moray foundering oc!rvities, federal tavr
requires ail financial ih9lltuiiors to obtain, verily, and record information that idantillos oath cualomer woo opens an account, Vftn ydu enter Into a transaction with its, we ask for your
buslnoas narna, address and other (nfarrnatdon Intal Will allow us to idanlify yea. We any also ask to sna Other documents that subslarliate your business Identity. You agree to stibrnit
t:e original duty -signed doe,marts with Ole security deposit to us via overnight courer Ilia Sarre day of Ote facsimile Or scanned transmisalon of Ilia dacumenis. Any faxed or scanned
copy may be considered Ilia original, and you waive Iha right to challongo In court the authenticity or binding effect of any fARnd or seauned copy or signature thereon. You agree in
execute any further al=imants that we may request (o carry out the Intan% 9nd purpasas of this Agreurnnnl. All nalldes shall be mallet) or delivered by facsimile transmission or
overnight courtar to Ilia respectva pnellos at tivs addresses shown on this Aerearnanl or such other addles ria a party may pravtdn In codling from thno to lino. 13y provirlulg any
telaphone number, now et' In t'a (attire, for a call Phan" or ether w+relanF dav'ae, you are expressly consenting to receiving communicalions, regarddoss of fhair purpose. nt [int mrmiter,
Including, but not limited to, prerecorded or arllncial valor message calla, text messages, and calls made by an automatic dialing system from us and our agents. These rglls and
massages may Incur access feea from yourprovIdet
T Io. JptAkAAtf (Y C)ISCIAIMIEF0.-. 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 STATEMEN'rS OR REPRESENTATIONS MADE BY US. WF HO NOT TAKE' RESPONSIBILITY FOR THE INSTALLATION OR
PERFORMANCE OF THG EQUIPMENT, THE SUPPLIER IS NOT AN AGENT OP OURS AND WE ARE NOT AN AGENT OF THE SUPPLIER, AND NOTHING THE SUPPLIER
S'1'ATGS. OR DOES 000 AFFECT YOUR OBLIGATION UNDER THIS AGREEMENT. YOU WILL CONTINUE TO MARE ALL PAYMENTS UNDER TNI$ AGREEMENT
REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDEIi TO PROVIDE
SERVICES' WILL -NOT EXCUSM-YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY
NO RESPONSIBILO FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, INSTALLATION, PERFORMANCE,
SAFF;TY, TITLE, DATA ACCURACY, SYSTIiM INTEGRATION, FUNCTION,. OEPECTS, OR ANY OTHER ISSUE IN REGARD TO THP_ EOUIPMENT, ANY ASSOCIATIzO
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 EQUIPttlENl'.
it'. LAW, JURY WAIVER; 6,SItJItUtIggSR,_I1G011tlart9 LULAolllltll(N411Y4...aldtl0,}ty,Ir9AAor CSint�,prrlltU..108_h&_n[1tI..9k11aJ...CfAtQLlttii4]381gt1S..11)tltU..Gk..Ili..,K{L(QDO.ASpCOUII
gp�eitluTgc)gq an a
itloW by,,.1Ut(Q,pp.IlArr aab(b, This Agreement may be madittud only by written uPee hent slid sol by course of pedarifance. Thin Agreement will be
governed Isy and ron6trued In accordance with Mlnnosalp favi. You eonsant to Iudsdluusri 04114 vanuo or a ny atone or (oils I (twit 1. aAhnnaWtll—d'baty. ill. rrpraa60 .1 t1lMlwagieni
forum. For any action arising otitof of tnlating to tits Agreement or the Equipment, YOU AND WE WAIVE ALL RIGHTS TO A TRIAL BY JURY,
XCUSTOMER INITIALSX
11018 REV 02115
I'ago 2 of 2
��;2411�
STATE AND LOCAL
GOVERNMENT ADDENDUM
AGREEMENT#
2034139
Addendum to Agreement.# 2034139, dated _ , between CITY OF MIAMI, as Customer and Taylor Leasing Corporation, i
dba Taylor Leasing & Rental, as Lessor.
The partlas 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
boor; duly autt,orized 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 10 ensure the enforceability of this i1 reament; (e) this
Agreement !s in compliance with all lakes 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 fhe scope of your authority, will not be used in a trado or business of any person or entity, by the federal
government or'for any personal, family or household use, and your need for than Equipment is not expected to diminish during i
the lean of fills Agreement; (a) 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 and of the term of this Agreement; and (f) your exact legal name is as -sot forth or, page one of this Agreement,
NON -APPROPRIATION OR RENEWAL: If either sufflclent funds are not appropriated to make contrartcd 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
then•ct<rrent fiscal year for which funds have been appropriated. Upon such art event, !lou ihall,-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 fail to
deliver possession of the Equipment to us, tho termination shall nevertheless be effective but you shall be responsible, to the
extent permitted by law and legally available hulls, 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 which you
fail to deliver pnssesslon end 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 appropriaie funds sufficient for the payment of Ilia
contracted Payments or (to the extent required by applicable law) this Agreement is not renewed, but failure to provhie such
notice shall not operate to extend the Agreement tern or result in any liability to you.
TITLE TO THE EQUIPMENT: If the selected purchase option for this Agreement Is $1,00 or $101.00, unless otherwise
required by law, upon your acceptance of (lie Equipment, title to the Equipment shall W In your name, subject to our interest
under this Agreement,
The parties wish to amend the abovo•referenced Agreement by restating the following language:
Any provision In the Agreement stating this Agreement supersedes any invoice and1or purchase order is hereby amended and
mstatod as follows: "You agree that the terms and conditions of the Agreement and any supplement or schodulu thereto and
any related acceptance cedifica(e constitutes the entire agreement regarding the financing or lease of the Equipment and
supersedes any purchase order, Invoice, request for proposal mother related document
Any provision in the Agreement- stating that the Agreement shall automatically renow 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 feast 30 days (before the and of any term) that you do hot want it renewed."
10162 REV ON14 Page i of
Any provislcn in the Agreement stating that we may assign this Agreement is hereby amended and restated as follows; "We
may sell, assign, or Iransfor this Agreement without notice to or consent from you, and you waive any right you may have to
such notice or consont."
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 agroement is hereby amended and restated as follows. 'To the extent permitted by law, you grant us a security
Interest in the Equipment to saouro ail amounts you owe us under this Agreement, and you authorize us to file a UCC -1
flr:ancing statement or be named on the vehicle lisle 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., "Ycu 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 and legally available funds, you shall bear the risk of loss for, shall
pay directly, and shall defend against any and all claims, Ilablllllos, 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, not 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 Ilia( 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 all1lates or other lenders shall be
an event of default under [tie Agreernant Is hereby amended and restated as follows; "You will be in default 1. (1) 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
i
covenants, terms and corxlitions of this Agreement, (ti) you snake or have made any false statement or misrepresentation to
us, (ifil ycu dissolve, terminate your existence or file bankruptcy, or (iv) there has been a material adverse change in your
ilnpncial,. business or operatirg condition."
Any provision In the Agreement stating that you shall pay our attorneys' fees is heraby amended and rastated as follows; "in
the s>>Ent 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 available funds, our reascnable, attorneys' fees (including any incurred
beforo or at trial, ca appoal at in any other proceeding), actual court costs and any other collection costs, including any
cDllect';on agency fee.'
Any provision in the Agreement requiring you to pay amount;~ due under the Agreement upon the occurrence of a default,
failure to appropriate funds or failure to ranow the Agreement is hereby amended to limit such requirement to the extent
permltied bylaw and legally available funds;
Any provision in the Agreement stoting 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 follpws; "This Agreement will be governed by and construed in
accordance with the laws of the' state where you are Ioeatod. You consent to jurisdiclion and vonue of any state or federal
court in such stale 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 Learing Curporallon, dba Taylor Leasing & Rental
Lessor
SlgnalUM
Title
Date
C11 Of MIAMI
Customer
SSignature
.0 Title ) ( Date
NOTi;' STONER OF THIS DOCUMENT MUST BE SAME AS ON THE AORGEMEN'r. A FACSIMILE OF THIS OCCUMCNT WITH SIONATURE SHALL BLS CONSIDERED
TO BE AN ORIGINAL. CAPITALIZED TERMS IN THIS DOCURISN7 ARE oEP.IN1 D AS IN Tot: AOREEN INT. UNLESS SPECIFICALLY STATED OTHERWISE.
10102 REV01114 Pogo 2 of 2
November 10, 2015
City ofMiami
TAYLOR ,
LEASING S RENTA
00N. Church Avenue
Louisville, US 39339
Telephone: (662) 779-5400
Fax: (662) 773-91.16
EQUIPMENT LEASF. QUOTA
We are pleased to present the rollow•ing lease quotation for your review. This Wase quote is based on the preliminaryinformation submitted by
Mr. AI Paradelu, your Taylor ylachme Works equipment salesman. Additional credit information will be required to secure it finni approval.
EQUIIINIENT: One (r) New Wi_vgins Madel W2 9M2 LoPro Marina Lilt
'truck
EQUIPMEN'r COST: 5316,000.00 FOB Delivered (plus applicable tax)
DELIVERY; TBD
FULL PAYOUT FINANCE OPTION
TERM; 1 Months
LEASE PAYVIEN'rS(PLUS APPLICAnr.ETAS): 551819.00
ADVANCE PAY NiENTS,SECURITY DEPOSIT: None
"Please note the Iessec may return The machine at the end of any lZ month period"
'Chis duolu shall expire on 30 darts from today's data unless accepted byyou. Thank you for die opportunity to present our quote: we look torward
to a lona and mutually berreticial relationship with your organization. Ifyou have any questions please do not hesitate to contact me. Please
faslemail back your signed acceptance to my attention tit die above listed fax or at lbatlardrgtaylorbigred.com. We all beg
rn the final approval
process upon written agreement of these terms by you.
Respectfully submitted by.
Luke Ballard
Manager ol'Leasing Accounts
'ravlur Leasing Corporation
ACCEPTANCE:
By signing, you audterire "Taylor Leasing Corporation dba Taylor Leasing & Rental to acquire the above described machinery on your behalf and
you agree to lease or�ethh ment upon tender ot'samC to you by Taylor Leasing & Rentul.
Date:
DELIVERY & ACCEPTANCE CERTIFICATE
JC&YA901?
AGREEMENT#
2034139
This Certificate is delivered to and for the benefit of Lessor/Secured Party and pertains to the below -described Equipment
and/or Financed Items which are ilia subject of the above -referenced Agreement between TAYLOR LEASING
CORPORATION, DBA TAYLOR LEASING & RENTAL as Lessor/Secured Party and the undersigned as Customer. The
words you and your re°er to Customer. The words we, us and our refer to Lessor/Secured Parry
You certify and acknowledge that all of the Equipment and Financed Items (as appllcnt)le): 1) have 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 Firinced 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 Agreement (or until you
default).
�supplier., T _
Eauipment and/or Finance: Items Description
1- 2013IJVIGGINS PelOOEL%A,2.9M2-130-H2 LIFT TRUCK
(("r;AYLOR ;MACHINE WORKS
i
together mfh all-,.piace'rnnts. parts. repairs, arfdik"Ps, and accessions irtrapnraied fhetAill n: atfaC.hed thereto and my awl atl proreads al the
fOt&going, .'1clurlir2q, tvilhouf lfrra a5vrz. insurance race"fies
CITY OF MIAMI
NOTE: A FACSIMILE OF THIS DOCUMENT WITH SIGNATURE SHALL. BE CONSIDERED TO BE AN ORIGINAL. CA>'tTALIZED FERMtr IN THIS
OOCUMENT ARE DCFINCD AS IN THE AGREEMENT, UNLESS SPECIFICALLY STATED OTHERWISE.
0WQ RC`/ 02116