HomeMy WebLinkAboutSuperior Coach of Florida d/b/a Zaffran Bus Sales Lease Addendum - 2010 07 09 LEASE ADDENDUM
SUPERIOR COACH OF FLORIDA, INC. AND CITY OF WINTER SPRINGS
THIS ADDENDUM TO LEASE AGREEMENT ( "Addendum ") is made this day of
, 2010, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation (hereinafter referred to as "Lessee ") and SUPERIOR COACH OF FLORIDA, INC. a
Florida Corporation d /b /a 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 July 9,
2010 to August 13, 2010; 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 that the Superior Coach of Florida, Inc. Lease, dated July 9, 2010 ( "Lease "), is hereby amended
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
Page 1 of 3
harmless the 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 section 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. Upon execution of this Addendum, the Lease and Addendum previously entered into
between the parties commencing on June 14, 2010 shall terminate and shall be null and
void.
6. All other provisions of the Lease not amended by this Addendum shall remain as stated
in the Lease.
IN WITNESS WHEREOF, the Lessor and Lessee set their respective hands on the day and year
above written.
WITNESSES: CITY OF WINTER SPRINGS,
a Florida municipal corpor. io .
Jb/ 7J�'>, By: L.,
Print Name f/ �Ii/ i ? KE L. SMI H, City Manager
Print lame: allar,,,,
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to befor me this . of
(T, 2010 by Kevin L. Smith, City Manager of Winter Springs Awho is personally known
to me or ❑ who has produced , as identification.
Danielle Harker
Notary Publle State of Fbdd®
, 1 I � ' . _ � ��
My Commission D0663371 •S ARY PUBLIC
w� Expires 0411512011 ' y Commission Expires
Page 2 of 3
WITNESSES: SUPERIOR COACH OF FLORIDA, INC.,
a Florida Corporation
/1
By: ■ • :..�.r.
Print Na e: Daniel Zaffran
Its President
Print Name: _ ,..9p
IZ
STATE OF FLORIDA
COUNTY OF
/� The foregoing instrument was acknowledged and sworn to before me this °I -day of
(aClt < , 2010 by Daniel Zaffran, as President of Superior Coach of Florida, Inc., ❑ who is
personally known to me or ❑ who has produced as
identification.
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NOTARY PUBL
Commission Expires
ADe.E Q BEd
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y EXPIRES: April 9, 2014
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Page 3 of 3
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SUPERIOR COINC. 1 (CH OF FLOAIDA, INC
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z BUSES NEW USED SALES SERVICE PARTS RENTAL CHARTER LEASING
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ff THIS AGREEMENT, made and entered into at Orlando, Florida on the day and date hereafter written, by and between SUPER108_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:
.....•
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IN WITNESS WHEREOF, the parties have caused these presents to be executed this ff.4. day of
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DBA: ZAFFRAN BUS SALES 1
LESSOR, SUPERIOR COACH OF FLORIDA, INC.
6647 NO :TH ORANGE BLOSSOM TRAIL, ORLANDO, FLORIDA 32810
LESSEE717, • ,. .
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=7. \ VEHICLE ETC. RENTAL RATE MILEAGE CHARGE DEPOSIT FUEL CHARGE
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on its return.
ODOMETER READING ' INTENDED USE LEASE TERM
FINISH
VEHICLE SHALL BE OPERATED IN FLORIDA AND
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TOTAL e•
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ADD ADD
TOTAL COST
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FOR TERM
CHARGES CHARGES
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Special Provisions:
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I. INSURANCE.
(a) LESSEE SHALL PROVIDE, AT HIS OWN EXPENSE, THE FOLLOWING INSURANCE ON EACH VEHICIA DURING THE LEASE TERM
THEREFOR, AND BEFORE LES$EE TAKES POSSESSION OF THE VEHICLE SUPPLY A CEFTIFICATE OF INSURANCE NAMING LESSOR AS
"ADDITIONAL INSURED AND LOSS PAYEE AS ITS INTEREST APPEARS."
i INSURANCE AGENT: /y IN U�AN�E PANY: 1
. .,„, / ! / /{ Name [ r Name ibig E. >.: -., Street City, State / 77 4 � Policy Number
= EFFECTIVE DAT 7 From: To: I
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(q C. v le 've fire an the ins r nger cars d e, theft a corn ed add oval insurance for trucks.
, . /9 (10 ' ollisi upset insurance with not more an $ �' ded ible.
4 , (iii) Automobile liability insurance with limits of not less than $ for any one person for bodily injury and
death, $ for any one accident for bodily injury and death, $ for property damage, and
j- $ for medical payments.
(b) Lessee stialt a for all re airs made neceSsa by accident or co1lisi n which are not covered by insurance. j
O pay � rY Y Y
(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 i
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in connection with the use or operation of any vehicle during the lease term therefore
E I (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
I- provided through insurance companies approved by both Lessor and Lessee and each shall be furnished certificates of such insurance. I
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(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- l
bursed the actual cost thereof upon demand. However, if Lessee shall fail, for any reason with 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. 1
t I- (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 t at such loss or casually has been made good, unless such
other `�`ti
1
1. Vehicles, Equipment, Rental, Charges, Deposit, Use, and TERM. .`
The vehicles ilncluded In this lease, and the respective optional equipment, rental rate, mileage charge, deposit, ended use, and lease term for 1
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 d.ys: 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. - a : - - _ _ i
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- s
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
set forth in Paragraph 17 hereafter.
• - ••• • - ve i - • • • - • , - . - - - . - - - - - - . • .. - default and/or for
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repair 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
I- remaining) at the end of the lease if no such default then exisollialoirdeimillbaii not limit Lessor's right to damages upon any such default 1
.. .- - . - - .. .
I Duri • the lease term, Lessee shall pay essor (or agent) for each v:hicle:
') he • •nth rent- in ad : nce , e j Al day ea- mo h; pr. de- that if 1- -e ter - for a ve. cle . • e. es on
oth f . , the '-nt. or t - first •nt �� = ' • d o 7 o en , e ' say, • din - •ch �� nt or the -vent a lease rm foa e • e t i-
ky tes - /•a a - n t ,�� • :y o �r jT t e • th ren or "th s. b ::ppo • ed on . /.aily • - is. '
(2 Themile : - - �+ - .e f. — I. , iv:. • d - • •:y -• on the rs - -y,' 1(•- th e - icc --•• mo ",..<
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i • aY'[::. „ va is i... : .1 :.. n • s.
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• that mileage charges for the month in which the lease term terminates shall be payable upon the last day of such term. Any vehicle substituted for another
and the vehicle for which it is substituted shall be considered one vehicle for the purpose of computing mileage charges. If the odometer of any vehicle
fails to function, the mileage for the period of failure shall be estimated on the basis of the average daily mileage of the vehicle during the Lessee's oper-
ation thereof during the preceding 30 days or such shorter period as the lease may have been in effect with respect to such vehicle. Lessee shall make
a written report to Lesser of the actual total mileage driven within five (5) days of the end of the preceding 30 -day period as stated herein, and failure to
comply by Lessee shall be an event of default and in addition Lessee shall be charged a penalty of $10 per day for each day after the end of the preceding
30 day period continuing each and every day until the mileage report and payment is received by Lessor.
(d) Any sum payable to Lessor in default over 10 days shall be assessed a penalty of 11/2 % per month for each month or part of a month until
paid in full.
3. At time of delivery Lessee acknowledges the receipt of the above - described motor vehicle(s) and appurtenant equipment and agrees to pay as rental
therefore the sum stated hereinabove, payable as hereinabove described. Lessor makes no warranties, either express or implied, as to any matter what-
= soever, including without limitation, the condition of the above - described motor vehicle(s) and appurtenant equipment to be leased herein, its
• merchantability or its fitness for any particular purpose. Lessee shall inspect the motor vehhLe(s) and appurtenant equipment upon delivery of the vehicle.
Unless Lessee gives written notice to Lessor of any defect in or other objection to the said motor vehicle(s) and appurtenant equipment, Lessee agrees
that it shall be conclusively presumed, as between Lessor and Lessee, that Lessee has fully inspected and acknowledged that said motor vehicle(s) and
appurtenant equipment are in good condition and repair, and that Lessee is satisfied with and has received the motor vehicle(s) and appurtenant t equip-
ment in such good condition and repair. In the event the vehicle has any operating failure costing in excess or $50.00 not caused by Lessee's use of the
vehicle or the acts of others, and the failure is established to be caused by latent and undeterminable conditions al the time of delivery, and such failure
occurs during the transit of the vehicle to Lessee's place of business or to a point of use other than Lessee's place of business or within 500 miles of the
point of delivery to Lessee whichever distance is the shorter, upon receipt by Lessor of a paid statement and a notarized affidavit of the mechanic or
garage owner of the nature of the repair and opinion as to the cause of the failure Lessee will be credited the cost of line repair. Lessee shall be respon-
1 sible for and shall pay for any and all tire repairs or replacement, towing or other types of expenses incurred by Lessee because of vehicle breakdown;
Lessor will not be liable for any expenses whatsoever resulting from the aforesaid circumstances other than those specifically mentioned.
4. Lessor wilt furnish license plates registered in the name of the Lessor for the State in which said motor vehicle is to be kept and maintained, and
will invoice Lessee for the same. Lessee shall pay such charges upon presentation. Lessee is absolutely prohibited to apply for and obtain license plates
for the vehicle and/or in any way obtain evidence of title to the vehicle in any name other than Lessor's name and may only do any of the above upon
specific written authority from Lessor.
1 5. The motor vehicle(s) and appurtenant equipment to be leased herein is, and shall at all times be and remains the sole and exclusive property of
Lessor; and Lessee shall have no right, title or interest therein or thereto, except as is expressly set forth in this Lease. Lessee further agrees to execute
and deliver to Lessor any and all instruments and documents that may be necessary to protect Lessor's interest under this Lease, or the interest of the
holder of any chattel mortgage or other lien on the leased properly as permitted by the terms of this Lease.
1
6. Lessee shall at all times maintain said motor vehicle(s) and appurtenant equipment in proper working condition so that they can be used by Lessee,
its employees and representatives in the normal conduct of their business. Lessee will not use, operate, maintain or store any of said leased property
j improperly, carelessly or in violation of any of the terms of the Lease, or of any applicable law or regulation, nor use or operate the same in any other
than the manner, and for the use, contemplated by the manufacturer thereof, nor permit anyone other than its authorized agents or employees to operate
• the same, who must be competent and qualified operators. If, at any time, Lessor supplies Lessee with labels, plates or other markings; stating that the
leased property is owned by Lessor, Lessee shall affix, maintain and keep the same upon a prominent place on the leased property. Use is limited to
transportation of human beings unless otherwise authorized in writing by Lessor. Any unauthorized use of this vehicle by any person shall be cause for
immediate termination of this lease by Lessor and upon written notice by Lessor Lessee shall immediately return the vehicle to Lessor as set.forth in 1(b).
Failure to deliver possession within 24 hours of notice will result in an additional charge of triple the rate per day as set forth in 1(b).
7. Without the prior written consent of Lessor, Lessee shall not make any alterations, additions or improvements to the leased properly. At such alter-
= ations, additions and improvements made to the leased property in accordance with the terms and conditions of this Lease shall belong to and become
the property of Lessor upon the expiration or earlier termination of this Lease. Lessee shall, at his own expense, keep and maintain the leased property
in first class working order, repair, condition and appearance and any and all repairs, including tires, replacements, lubrication, antifreeze solution, adjust-
ments, towing and servicing shall be provided at the expense of the Lessee. All such servicing, including repairs and adjustments undertaken by or at
the direction of Lessee shall be performed within a reasonable time. Lessor shall not be liable to Lessee for any loss of business or other damage caused
by any interruption in the service herein provided.
8. Lessee hereby assumes and shall bear the entire risk of loss or damage to the leased property from any and every cause whatsoever. No loss or
damage to the leased property or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect. If
any of the leased property is determined by Lessor to be lost, stolen, destroyed, confiscated or damaged in whole or in part Lessee, at its option, and at
its expense, shall within thirty (30) days: (a) place the same in good repair, condition and working order; or (b) replace the same with like properly in good
condition, repair and working order.
9. Lessee shall, except as herein provided, keep the leased property free and clear of all levies, liens and encumbrances and shall pay when due all
= personal property taxes, sales taxes, use taxes, taxes on lease rentals, any special taxes imposed or charges of any kind on or in respect to the leased
property or the use, operation or possession thereof, which become effective during the term of this Lease, and other taxes applicable to the leased
property, except net income and franchise taxes of the Lessor. Failure of Lessor to invoice or charge for any tax as mentioned above does not absolve
Lessee of the responsibility for payment of these taxes.
10. Lessee shall indemnify Lessor against and hold Lessor harmless from any and all liability or claims for death or injury to persons, or loss or damage
to property including without limitation, costs, expenses and attorney's fees, arising out of or connected with or resulting from the leased property, either
directly or indirectly including without limitation, the selection, manufacture, delivery, possession, use, operation or return of said property.
11. Time is of the essence of this Agreement and no express or implied waiver by Lessor of any default hereunder shall in any way be, or be construed
to be, a waiver of any future or subsequent default of Lessee, or a waiver of any rights of Lessor hereunder, or a modification of any of the terms of this
Lease, or an extension or enlargement of the rights of the Lessee hereunder.
If Lessee with regard to any item or items of the leased property fails to pay any rent or other amount therein provided within ten (10) days after the
same is due and payable, or if Lessee with regard to any item or items of leased property fails to observe, keep or perform any other provision or provi-
sions of this Lease required to be observed, kept or performed by Lessee, or if the Lessor shall for any reason deem itself insecure as to the ability of
the Lessee to make future payments as provided for herein or as to the leased property herein, said Lessor shall have the right to exercise any one or
i more of the following remedies:
(a) To declare the entire amount of rent hereunder immediately due and payable as to any or all items of leased property without notice or demand
to Lessee.
(b) To sue for an recover all rents, attorney's fees, and other payments, then accrued or thereafter accruing, with respect to any or all items of
leased property.
(c) To take possession of any or all items of leased property, without demand or notice, wherever the same may be located without any court order
or other process of law. Lessee hereby waives its right to any and all damages occasioned by such taking of possession. Any said taking of possession
shall not constitute a termination of this Lease as to any or all items of leased property.
(d) To terminate said Lease as to any or all items of leased property.
(e) To re -let said leased property or any part thereof for Lessee's account to any other person or persons for a term which may extend beyond the
term of this Lease, and upon such other terms and conditions as Lessor, at its sole discretion may determine. Notwithstanding any such re- letting without
termination of this Lease, as herein provided, Lessor may at any time thereafter elect to terminate this Lease for such previous breach thereof.
(f) To sell said leased property to the highest bidder at public auction as provided by law, at which sale Lessor may be the purchaser.
(g) To pursue any other remedy at law or in equity.
A•
Notwithstanding any said taking of possession, or any other action which Lessor may take, Lessee shall be and remain liable for the full performance
of any obligations on the part of the Lessee to be performed under this Lease. All such remedies are cumulative and may be exercised concurrently or
separately.
12. WITHOUT PRIOR WRITTEN CONSENT OF LESSOR, LESSEE SHALL NOT (A) ASSIGN, TRANSFER, PLEDGE OR HYPOTHECATE THIS
LEASE, THE LEASED PROPERTY OR ANY PART THEREOF, OR ANY INTEREST THEREIN, OR (B) SUBLET OR LEND THE LEASED PROPERTY
OR ANY PART THEREOF, OR PERMIT THE LEASED PROPERTY OR ANY PART THEREOF TO BE USED BY ANYONE OTHER THAN LESSEE.
CONSENT BY LESSOR TO ANY OF THE FOREGOING PROHIBITED ACTS APPLIES ONLY IN THE GIVEN INSTANCE. ANY SUCH ATTEMPTED
ACTION BY LESSEE WHETHER BY VOLUNTARY OR INVOLUNTARY ACT OR BY OPERATION OF LAW OR OTHERWISE SHALL CONSTITUTE AN
EVENT OF IMMEDIATE DEFAULT.
13. The leased property is, and shall at all times be and remain, personal property notwithstanding that the leased property or any part thereof may
not be, or hereafter become. In any manner affixed or attached to or imbedded in, or permanently resting upon real property or any building thereon, or
attached in any manner to what is permanent as by means of cement, plaster, nails, bolts, screws or otherwise.
I
14. Lessor shall have the right at any and all times during business hours to enter into and upon the premises where the leased property may be located
for the purpose of inspecting the same or observing its use.
15. Upon the expiration of this Lease, with respect to any items of leased property, Lessee shall return the same to lessor in good condition, repair and
working order, ordinary wear and tear resulting from the proper use thereof alone excepted, in the following manner as may be specified by Lessor: (a)
by delivering such item or items of leased property to Lessor's place of business in Orlando, Florida, or (b) by loading such items of leased property, at
Lessee's cost and expense, on such carrier as Lessor shall specify and shipping the same, freight paid to the destination designated by Lessor.
16. Lessee at his own expense shall accomplish all inspections of the vehicle required by governmental authorities during the lease term.
17. In the event of any default including late payments Lessee shall pay all costs and attorneys' fees for collection of rent, repossession of the vehicle,
suits for damages, and any other actions initiated by Lessor within its rights under this Lease. From the date of default all monies due Lessor shall be
payable together with interest of the highest legal rate under the laws of the State of Florida. This lease shall be governed and interpreted under the laws
of the State of Florida. All payments will be made at Lessor's offices and any action at law arising out of this contract shall be prosecuted in the courts of
Orange County, Florida.
18. Lessee shall give Lessor immediate notice of any attachment or other judicial process, accident, loss or damage affecting any item of leased
property and shall, whenever requested by Lessor, advise Lessor of the exact location of the leased property. Notwithstanding any of the foregoing this
Lease shall be in default if a petition under any bankruptcy law shall be filed by or against Lessee, or Lessee shall make any assignment for the benefit
of creditors, or Lessee shall suffer or permit the appointment of any trustee or receiver for Lessee's business or assets or any part thereof, or Lessee
shall make or suffer any assignment voluntary or involuntary of Lessee's interest in any vehicle included in this Lease, or suffer any lien, attachment or
levy of execution to become attached thereto and Lessor shall have the remedies described in Paragraph 11.
19. Lessor may assign this Lease and all or any part of the rentals, charges, and all other claims or rights to moneys or credits due or to become due
hereunder at any time, and upon notice of any assignment, Lessee shall make all payments coming due thereafter to the assignee without offset, coun-
terclaim, or defense of any kind. Lessor may execute and deliver pledges, conditional sales contracts, chattel mortgages, retail time sales contracts, or
other lien instruments upon any or all vehicles, and Lessee's rights under this agreement shall at all times by subject to the rights and remedies of the
holder or holders of such lien instruments. Lessor's assignment of this Lease at any time shall not relieve Lessee from any liability hereunder.
20. Lessee shall provide at his own expense, all gasoline and oil required for the proper operation or protection of each vehicle and such washing,
parking, garage, towing, tire repairs and replacements, highway fees, or other fees or tolls as may be incurred in connection therewith.
LEASE ADDENDUM
SUPERIOR COACH OF FLORIDA, INC. AND CITY OF WINTER SPRINGS
THIS ADDENDUM TO LEASE AGREEMENT ( "Addendum ") is made this 66 - day of
c..JtAV►e , 2010, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation (hereinafter referred to as "Lessee ") and SUPERIOR COACH OF FLORIDA, INC. a
Florida Corporation d/b /a 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 June 14,
2010 to August 13, 2010; 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 that the Superior Coach of Florida, Inc. Lease, dated June 14, 2010 ( "Lease "), is hereby amended
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
Page 1 of 3
harmless the 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 section 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 of the Lease not amended by this Addendum shall remain as stated
in the Lease.
IN WITNESS WHEREOF, the Lessor and Lessee set their respective hands on the day and year
above written.
WITNESSES: CITY OF WINTER SPRINGS,
a Florida municipal corpor. tion.
//; drit By: /
Print Name: 6ASM i ,-) KEV L. S H, City Manager
I �
Print Name: ,01111 ' W
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this 0 day of
U1Q , 2010 by Kevin L. Smith, City Manager of Winter Springs 4 who is personally known
to me or 0 who has produced , as identification.
,01 84 otary Public State of Florida t 6 (11\kti
p. Danielle Harker NOT R PUBLIC
i My Commission D
e Ex ies 04115120 D663371
11 a a° My Commission Expires
Page 2 of 3
WITNESSES: SUPERIOR COACH OF FLORIDA, INC.,
� M, a Florida Corporation
41 0 •
/mi
int Name: =Mr k Daniel Zaffran _
Its President
Print Name:
STATE OF FLO IDA
COUNTY OF
The foregoing instrument was acknowledged and sworn to before me this / 477 day of
, 2010 by Daniel Zaffran, as President of Superior Coach ' of D Florida, Inc., ❑ who is
ersonally known to me or ❑ who has produced r, �f r 1 , as
identification.
C_24e L� /
NOTARY PU'' C
My Commission Expires
ADELE G. BECKER
* * MY COMMISSION t DD 966715
EXPIRES: Ap►99, 2014
rte c F Blinded Thru OF FL 1 Blinded Services
Page 3 of 3
ACID
LEASE
`�`i SUPE'RIOR COACH OF FLORIDA, INC.
DBA: ZAFFRAN BUS SALES
407 - 298-1010 1 -800- 432- 8492 • FAX 407- 298 -1013
BUSES NEW _ USED 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 9 , day of
/ '' ' •
DBA: ZAFFRAN BUS SALES
LESSOR, SUPERIOR COACH OF FLORIDA, INC.
6647 NORTH ORANGE BLOSSOM TRAIL, ORLANDO, FLORIDA 32810
By: t�t 'li^ 1. {� / LESSE � A r ,, , e
,,
T a l e
- if*
... , If ' CA�ess) 4,--4$7 151414` 4/.34,
Isoqiieerierits- , ''4s, ‘ 3 708
(cit, and state
B 1 ' -`�`.
X4 : ' , '
VEH CLE ETC, R ENTAL RATE Ma EARE CHARGE oEP•srr me_ cH
1990 :i 71. r . -1 . S flo 7, Igai.
iti 5 1 ;° ''" s;,,i" . T ,,-J131 . if we must fug bus
" on its retum.
OrJOIAETER READING INTENDED USE LEASETERM
VEHICLE SHALL BE OPERATED IN FLORIDA AND , :*iP
FINISH r f, ��
START 6°
s
TOTAL PICIC -UP 111.E
C X 4 ,ip„,tiitir RETURN TIAE •
TOTAL COST ADO ADD
MILEAGE
FOR TERM (E TOTAL
* * *4 :tat ent 1 Due $8 f 235.00 61 Days 6-14-2011 the _1 3_201
Special Provisions:
NO gILEAGE CHARGE
Payment of 'die e cn June 14, 20
Balance Due : .x i ",' : on August 13 2010
, 3uB W 11 be Picket ` and ro ped off at *Z f,fra a
I" 1 -, ./01 , - . -- ,,. '3'1.(a,: c.-� Tryi�I.
I. INSURANCE.
(U LESSEE SHALL PROVIDE, AT HIS OWN EXPENSE, THE POLL,CANLNG i PANk -,E Oti EACH f LE DURING THE LEASE TERM
THEREFOR, AND DFFORF ► PR.aPE TAKES POSUSS1 71.4 '4 I StrPrid .A , F..iVr4FICAriE INSURANCE NAMING LESSOR AS
' "ADDITIONAL INSURED AND LOS PAYED AS ITS
INSURANCE AGENT: #riSLIFitadCE OC
rmme
Name
Street City State Zer Zirear Policy Number
EFFECTIVE DATE To:
(I I Comprenens €ie fie arc theft magma tr passenger faits and fire. heft and combined additional insurance for trucks.
(II) Cobiissor arvi rte* vsuragaft we rot nata „ an 5 deductible.
() Automobile � vr, reftiwdtftres tan for any one person ix bodily iiiiity arid
death, $ for any acxident for bon. 5 Ist ;
$ for medical payments.
t
(WI-Geese shag Pm/ for all repairs made necessary by occident or ooffision which ricerwr =twig mk .
(c) Lessee shaft provide, at his own expense any other ? ran a or aond that nay , : s e la
in connection with the use or operation of any vehicle during the Wass Tern therefore
(d) All insurance referred to in this Paragraph t shaft protect, as their interests may apderat aralsonas 1 ” unmet ere diretarrafer
interest In the vehicle if he so desires, and any person or organization responsible for the use dr tip
provided through insurance companies approved by both Lessor and Lessee and each shat be terw
(0) If Lessee shall fail to provide any insurance to be provided by him pursuant to thisfWargaptiri ' ;.eer, ,
bursed the actual cost thereof upon demand. Hamner, t Lessee shall fail, for any reason wsh sr ratead tad;.
by him pursuant to this Paragraph I, or if the carrier should refuse to issue, or should cannel or SUSPeldant ,
the Lessor, at his option, may terminate this Lease, effective immediately, at any time thereafter. by
(f) If, during the lease term, the p r e m i u m r a t e s for any insurance provided or to be p r o v i d e d b y the Lem -
increase (notwithstanding anything herein to the contrary) shalt, upon demand, be paid for (or reimbursed a Lessor an
(g) My proceeds of any insurance provided pursuant to this Paragraph I that shall be received by ether Li:SS tat ilialtl
that has been made good by the other shall be paid to the other upon satisfactory proof that such Ices or .:s:
�
other �
1. Vehicles, Equipment, Rental, Charges, Deposit, Use, and TERM.
The vehicles Unduded In this lease, and the respective optional equipment, rental rate, mileage ' " i
nag charge dew: , "�iiiit
each vehicle, shaft be as specified (and in such written Addenda to this lease as Lessor and Lessee may execute taiga Una =
(a) Holdovers:
Lease In excess of 30 days: If the Lessee desires to extend or continue this agreement beyond terminator date ‘ressee Vallitelftiliftelftillitifik '' - J''-'4
extension In writing at least 15 days prior to termination date and Lessorshall t
approve such extension rem.. err ,{ k
to termination date.
a ,i
Lease 30 days or less; If the Lessee desires to adend or continue this lease beyond termination date Lessee shhait • % 4
writing at least 24 hours before the termination date and Lessor may approve or deny such extension m w n eng at a a ; ��
termination date.
If no extension or continuation is granted the vehicle shaft be returned to Lessor's possession at the place indicated in this z
Sales, Orlando, Florida on or before termination date. Failure of Lessee to deliver possession as hereinabove stated shat result r a
ante and the rental after termination shaft be at the rate of triple the rent rate per day and Lessor shall be entitled to ail rights tr toss rd dtillesitiatiat
set forth in Paragraph 17 hereafter.
77. r of physical damage existing upon the return of the vehicle to Lessor by Lessee hereunder with respect to the vehicle and a .ericied lritieralliert
. at the end of the lease if no such default then exists. i Mm fah all not limit Lessor's right to damages upon any stcf disbar, im.111.111W
(c) During the lease term, Lessee shall pay Lessor (or agent) for each vehicle:
ti; k f f " act '' --°
I . A �/ r
� ';� j
„p" � /� .� � "' � `� r _ .. � � , ,,. ,. � : ��' ., / � 9,,,--- / ;