HomeMy WebLinkAboutSuperior Coach of Florida Lease Addendum -2007 05 03
LEASE ADDENDUM
SUPERIOR COACH OF FLORIDA, INC. AND CITY OF WINTER SPRINGS
THIS ADDENDUM TO LEASE AGREEMENT ("Addendum") is made this 1 day
of /1171 V ,2007, by and between the CITY OF WINTER SPRINGS, a Florida
municipal c6rporation (hereinafter referred to as "Lessee") and SUPERIOR COACH OF
FLORIDA, INC. a Florida Corporation dba Zaffran Bus Sales (hereinafter referred to as "Lessor")
as follows:
WHEREAS, Lessee desires to lease a vehicle from Lessor for the period of time from May
28,2007 to August 17,2007; and
WHEREAS, the parties desire to modify Lessor's standard lease form agreement as
specifically provided hereunder.
NOW, THEREFORE, in consideration of valuable consideration received at the time of
execution hereof, the receipt and sufficiency of which is acknowledged, the Lessee and Lessor do
hereby agree as follows:
1. Subparagraphs (b) and (c) of Paragraph 1, Vehicles, Equipment, Rental, Charges,
Deposit, Use, and TERM, are hereby deleted in their entirety.
2. Paragraph 3 is hereby amended as follows:
A. All language beginning on line 5 (which states "Unless Lessee gives written notice
....") through the end of that paragraph is hereby deleted.
B. The following language is added to replace the deleted language:
During the term of the Lease, Lessee shall be responsible for and shall pay for all
routine repairs of the vehicle such as tire repairs, oil changes, fluid changes and
refills, changing wiper blades and towing expenses associated therewith. In
addition Lessee shall be responsible for each non-routine repair not to exceed
$375.00, excluding any related towing expense. Any expense associated with a
non-routine repair that exceeds $375.00 shall be the full responsibility of the
Lessor. Lessor and Lessee agree to split the cost of any towing expenses associated
with a non-routine repair. Loss or damage to the leased vehicle such as theft,
vandalism, and accidents shall be covered under the provisions of paragraph 8.
3. Paragraph 10 is hereby deleted in its entirety and shall be replaced with the following
language:
Lessee agrees, to the extent permitted by law, to indemnify and hold harmless the
Page 1 of 3
Lessor from any and all liability or claims for losses, damage to property, personal
injuries (including but not limited to death), or liability (including costs, expenses,
and reasonable attorney's fees), arising out of or connected with Lessee's use,
operation, and return of the leased vehicle. Nothing contained in this Lease shall be
construed as a waiver of the Lessee's right to sovereign immunity under Section
768.28, Florida Statutes, or other limitations imposed regarding the Lessee's
potential liability under state or federal law. The provisions of ~768.28, Florida
Statutes are hereby deemed fully incorporated herein by this reference as if expressly
set forth herein.
4. The Insurance Certificate attached hereto as Exhibit "A" is acceptable to Lessor and
deemed incorporated into Paragraph I (a) Insurance.
5. All other provisions ofthe Lease not amended by this Addendum shall remain as stated
in the Lease.
IN WITNESS WHEREOF, the City and Property Owner set their respective hands on the
day and year above written.
WITNESSES:
CITY OF WINTER SPRINGS, a Florida
municipal corporation
J
By: /~?V{ ~ ---
~ ._~-
RONALD \V. McLEMORE
Its City Manager
~
)
tntName: ~f1-tO L Brow",
T ATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this 1m day of
~, 2007 by Ronald W. McLemore, City Manager of Winter Springs ~ho is
personally known to me or 0 who has produced N I ()., , as
identification.
~~
NO ARY PUBLIC
My Commission Expires
~~
~Of~i
Notary Public State of Florida
Danlelle Harker
My Commission 00663371
Exoires 04/15/2011
Page 2 of 3
. 'r-'
WITNESSES:
SUPERIOR COACH OF FLORlDA, INC., a Florida
Corporation
\.
Print Name:
~~-
NOTARY PUBLIC
My Commission Expires
tit'
\;OFt\.1
Notary Public State of Florida
Adele G Becker
My Commission 00522940
Expires 04/0912010
Page 3 of 3
-CER;flFICATE OF COVE" GE
Certificate Holder
,.~
ZAFFRAN TRANSPORTATION COMPANY
6647 NORTH ORANGE BLOSSOM TRAIL
ORLANDO FL 32810 .
;.
!
Administrator
Issue Date 3/29/07
EXHIBIT
~
D
D
3
Florida League of Cities, Inc.
Public Risk Services
P.O. Box 530065
Orlando, Florida 32853-0065
1\ A(l
COVERAGES
THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE
AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT.
COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST
AGREEMENT NUMBER: FMIT 0648 I COVERAGE PERIOD: FROM 10i1/06 I COVERAGE PERIOD: TO 10/1/0712:01 AM STANDARD TIME
TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY
General Liability
181 Comprehensive General Liability, Bodily Injury, Property Damage and
Personal Injury
181 Errors and Omissions Liability
181 Supplemental Employment Practice
181 Employee Benefits Program Administration Liability
181 Medical Attendants'/Medical Directors' Malpractice Liability
l'8J Broad Form Property Damage
l'8J Law Enforcement Liability
181 Underground, Explosion & Collapse Hazard
Limits of Liability
* Combined Single Limit
Deductible Stop loss $25,000
Automobile Liability
l'8J All owned Autos (Private Passenger)
l'8J All owned Autos (Other than Private Passenger)
l'8J Hired Autos
l'8J Non-Owned Autos
Limits of Liability
* Combined Single Limit
Deductible Stoploss $25,000
Automobile/Equipment - Deductible
D Buildings
D Basic Form
D Special Form
D Personal Property
D Basic Form
D Special Form
D Agreed Amount
D Deductible N/A
D Coinsurance N/A
D Blanket
D Specific
D Replacement Cost
D Actual Cash Value
D Miscellaneous
D Inland Marine
D Electronic Data Processing
D Bond
D
Limits of Liability on File with Administrator
TYPE OF COVERAGE - WORKERS' COMPENSATION
l'8J Employers Liability
l'8J Statutory Workers' Compensation
D Deductible N/A
D
$1,000,000 Each Accident
$1,000,000 By Disease
$1,000,000 Aggregate By Disease
l'8J Physical Damage $1,000 - Comprehensive - Auto $1,000 - Collision - Auto N/A - Miscellaneous Equipment
Other
The limit of liability is $100,000 Bodily Injury and/or Property Damage per person or $200,000 Bodily Injury and/or Property Damage per occurrence. These
specific limits of liability are increased to $2,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to
Section 768.28 (5) Florida Statutes or liability imposed pursuant to Federal Law or actions outside the State of Florida.
Description of Operations/LocationsNehicles/Specialltems
Re: Use of buses for the Summer Camp Program May 28 - August 17, 2007.
''C)E$IGNATED MEMBER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE.
I CANCELLATIONS
SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE
~ SUPERIOR
o 0
LEASE
COACH OF FLORIDA,
DBA: ZAFFRAN BUS SALES
IN C .
BUSES
NEW
USED
407-298-1010. 1-800-432-8492 · FAX 407-298-1013
SALES SERVICE PARTS RENTAL
CHARTER
LEASING
THIS AGREEMENT, made and entered into at Orlando, Florida on the day and date hereafter written, by and between SUPERIOR COACH OF
FLORIDA, INC., a corporation organized and existing under and by virtue of the laws of the State of Florida, hereinafter referred to as Lessor, and the
undersigned Lessee, hereinafter referred to as Lessee. WITNESSETH:
The parties hereto, in consideration of the mutual covenants hereinafter set forth, and of other good and valuable considerations, do hereby agree as
follows:
IN WITNESS WHEREOF, the parties have caused these presents to be executed this
day of
, 19
DBA: ZAFFRAN BUS SALES
LESSOR, SUPERIOR COACH OF FLORIDA, INC.
6647 NORTH ORANGE BLOSSOM TRAIL, ORLANDO, FLORIDA 32810
LESSEE
City of Winter Springs
By: Chris J Zaffran
Title
Witness
1126 Fast State Rd. 434
(Address)
Winter Springs, Fl. 32708
(City and State) J1~ tv'. 1Yi~
By: Mr. Ron McLemore Ci ty Manager
~ ^ . . . " n, (Title)
Witness: {~Lt 11 {I n k" eft . A$i~~e CfN
~, (Title)GIel<1
VEHICLE ETC. RENTAL RATE MILEAGE CHARGE DEPOSIT FUEL CHARGES
1994 International/Thomas Body $125.00 per day None None $6.00 /gal.
Vin# 1HVBBPLN9RH561504
r
if we must fuel bus
on its return.
ODOMETER READING INTENDED USE LEASE TERM
VEHICLE SHALL BE OPERATED I~AND BEGIN ~~~.y 28 (monoClY) 2007
FINISH
Bus shall stay in f\ugust 17 (Frioay) 2007
START END
Orange, Seminole and
PICK-UP TIME
TOTAL counties only
Osceola
RETURN TIME
TOTAL COST ADD ADD
FOR TERM MILEAGE FUEL TOTAL
CHARGES CHARGES
Special Provisions:
Tenn of Rental shall be from Monday May 28,2007 thru Friday August 17,2007
Bus shall be returned to Zaffran Bus at 6647 N.Orange Blossom trail Orl, FI
no Later than 6prn on Friday August 17,2007
Payment of $5,125.00 is Due Monday May 28,2007 and Balance of $5,125.00 due u?Qn
return of Bus August 1 7,2007 no later than 6prn
I. INSURANCE.
(a) LESSEE SHALL PROVIDE, AT HIS OWN EXPENSE, THE FOLLOWING INSURANCE ON EACH VEHICLE DURING THE LEASE TERM
THEREFOR, AND BEFORE LESSEE TAKES POSSESSION OF THE VEHICLE SUPPLY A CERTIFICATE OF INSURANCE NAMING LESSOR AS
"ADDITIONAL INSURED AND LOSS PAYEE AS ITS INTEREST APPEARS."
INSURANCE AGENT: INSURANCE COMPANY:
Name
Name
Street
City
State
Zip Code
Policy Number
EFFECTIVE DATE:
From:
To:
Telephone No.
(I) Comprehensive fire and theft insurance for passenger cars and fire, theft and combined additional insurance for trucks.
(II) Collision and upset insurance with not more than $
(iii) Automobile liability insurance with limits of not less than $
deductible.
for anyone person for bodily injury and
death, $
for anyone accident for bodily injury and death, $
for property damage, and
$
for medical payments.
(b) Lessee shall pay for all repairs made necessary by accident or collision which are not covered by insurance.
(c) Lessee shall provide, at his own expense any other insurance or bond that may be required by any governmental authority as a condition to or
in connection with the use or operation of any vehicle during the lease term therefore
(d) All insurance referred to in this Paragraph I shall protect, as their interests may appear, the Lessee, the Lessor, any other person having an
interest In the vehicle if he so desires, and any person or organization responsible for the use or operation of the vehicle. All such Insurance shall be
provided through insurance companies approved by both Lessor and Lessee and each shall be furnished certificates of such insurance.
(e) If Lessee shall fail to provide any insurance to be provided by him pursuant to this Paragraph I, Lessor may provide the same and shall be reim-
bursed the actual cost thereof upon demand. However, if Lessee shall fail, for any reason with or without fault, to provide any insurance to be provided
by him pursuant to this Paragraph I, or if the carrier should refuse to issue, or should cancel or suspend any insurance required to be provided by Lessee,
the Lessor, at his option; may terminate this Lease, effective immediately, at any time thereafter, by giving notice of termination to Lessee.
(f) If, during the lease term, the premium rates for any insurance provided or to be provided by the Lessor shall be increased for any reason, such
increase (notwithstanding anything herein to the contrary) shall, upon demand, be paid for (or reimbursed to Lessor) and borne by Lessee.
(g) Any proceeds of any insurance provided pursuant to this Paragraph I that shall be received by either Lessor or Lessee for any loss or casualty
that has been made good by the other shall be paid to the other upon satisfactory proof that such loss or casually has been made good, unless such
other
1. Vehicles, Equipment, Rental, Charges, Deposit, Use, and TERM.
The vehicles i1ncluded In this lease, and the respective optional equipment, rental rate, mileage charge, deposit, intended use, and lease term for
each vehicle, shall be as specified (and in such written Addenda to this lease as Lessor and Lessee may execute from time to time).
(a) Holdovers:
Lease In excess of 30 days: If the Lessee desires to extend or continue this agreement beyond termination date Lessee shall request such
extension In writing at least 15 days prior to termination date and Lessor shall approve such extension request in writing at least 5 days prior
to termination date.
Lease 30 days or less: If the Lessee desires to extend or continue this lease beyond termination date Lessee shall request such extension in
writing at least 24 hours before the termination date and Lessor may approve or deny such extension in writing at least 12 hours before the
termination date.
If no extension or continuation is granted the vehicle shall be returned to Lessor's possession at the place indicated in this agreement or to Zaffran Bus
Sales, Orlando, Florida on or before termination date. Failure of Lessee to deliver possession as hereinabove stated shall result in a tenancy by suffer-
ance and the rental after termination shall be at the rate of triple the rent rate per day and Lessor shall be entitled to all rights for costs of collection as
~et forth in Paragraph 17 hereafter.
( .,. . . efault and/or.~
pair of physical damage existing upon the return of the vehicle to Lessor by Lessee hereunder with respect to the vehicle and refunded (to the extent
emaining) at the end of the lease if no such default then exists. ~ !k~~JIIIWl"l1ot limit Lessor's right to damages upon any such default, ~
i