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HomeMy WebLinkAboutSuperior Coach of Central Florida, Inc., d/b/a Zaffran Bus Sales Lease Addendum - 2011 06 02 LEASE ADDENDUM SUPERIOR COACH OF FLORIDA INC & CITY OF WINTER SPRINGS THIS ADDENDUM TO LEASE AGREEMENT ( "Addendum ") is made this day of , 2011, 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 7, 2011 to August 3, 2011; 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 May 12, 2011 ( "Lease "), is hereby amended as follows: 1. Subparagraphs (b) and © 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 corporation: _ / /hip" By: Print Name: `� /-!A /� /�i% K IN L. S ITH, City Manager _. Print Name: c'1r,) STATE OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before me this i t� day of J V , 2011 by Kevin L. Smith, City Manager of Winter Springs who is personally known to me or 0 who has produced , as identification. nmailaut NO ARY PUBLIC th/Wir My Commission Expires i :tiy DANIELLE M. HARKER x; ,• , r_ MY COMMISSION # EE 0622 n 14. -: EXPIRES: April 15, 20'• ty ¢ Bonded Thru Notary Public Unac. ,.. ' "' ANI ELLE M. HANEER _4: ' tr{e MY D COMMISSION # EE 062248 Page 2 of 3 { EXPIRES: April 15, 2015 W84 j :, Bonded Thru Notary Public Underwn #ere , • WIT .S S: SUPERIOR COACH OF FLORIDA, INC., • c m... a Florida Corporation fAA#41040) _.., 44110; / Print N g ' f D. . fran, Pr ide 1 Ar ,, I / _ -may ,� w 1 Print Name: �a r -1�iQ STATE OF FLORIDA COUNTY OF 01 km- The foregoing instrument was acknowledged and sworn to before me this / day of , 2011 by Daniel Zaffran, as President of Superior Coach of Florida, Inc., ❑ who is per nally known to me or ❑ who has produced ��,a L . 7 lr', , , as identification. 0 bee-c -/ems NOTARY PUBLIC My Commission Expires ��yy��pp RY P ��p� G. BECKER � . l P . � i c 11U�.. . ' MY COMMISSION t DD 955175 *—„ EXPIRES: Apri19, 2014 '' F` .# Bolded ThN Budpst Nd11t Was Page 3 of 3 • "EXHIBIT A • CERTIFICATE OF COVERAGE Certificate Holder and Lou Payee Administrator Issue Date 6/1/11 SUPERIOR COACH OF FLORIDA, INC Florida League of Cities, Inc. D /B /A ZAFFRAN BUS SALES Department of Insurance and Finandal Services P.O. Box 530065 6647 NORTH ORANGE BLOSSOM TRAIL Orlando, Florida 32853 -0065 ORLANDO FL 32810 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 COVERAGE PERIOD: FROM 10 /1 /10 COVERAGE PERIOD: TO 10 /1 /11 12:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscellaneous 0 Basic Form ❑ Comprehensive General Liability, Bodily Injury, Property Damage and ❑ Inland Marine Personal Injury ❑ Special Form ❑ Electronic Data Processing ❑ Errors and Omissions Liability ❑ Personal Property ❑ on ❑ Supplemental Employment Practice ❑ Bask Form ❑ Employee Benefits Program Administration Liability ❑ Special Form ❑ Medical Attendants' /Medical Directors' Malpractice Liability ❑ Agreed Amount ❑ Broad Form Property Damage ❑ Deductible N/A ❑ Law Enforcement Liability ❑ Coinsurance N/A ❑ Underground, Explosion & Collapse Hazard ❑ Blanket Limits of Liability ❑ Specific ❑ Replacement Cost ❑ Actual Cash Value Automobile Liability Limits of Liability on File with Administrator ® All owned Autos (Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION ® All owned Autos (Other than Private Passenger) ❑ Statutory Workers' Compensation ® Hired Autos ❑ Employers Liability $1,000,000 Each Accident ® Non -Owned Autos $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability ❑ Deductible N/A * Combined Single Limit ❑ SIR Deductible N/A Deductible Stoploss $25,000 Automobile /Equipment - Deductible ® Physical Damage Per Schedule - Comprehensive - Auto Per Schedule - Collision - Auto NA - 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 for Automobile Liability (combined single limit) per occurrence, solely for any (lability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability /settlement for which no claims bill has been Bled or liability Imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations /Locations /Vehicles /Special Items RE: Use of Buses for Summer Camp Program, June 6, 2011- August 5, 2011 THIS CERTIFICATE 0 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EMEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. Designated Member Cancellations CITY OF WINTER SPRINGS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE 1126 EAST STATE ROAD 434 CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL 51101 NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM, IT5 AGENTS OR REPRESENATIVES. WINTER SPRINGS FL 32708 AUTHORIZED REPRESENATIVE FMIT CERT (4/2010) • Doll LEASE 11 SUPERIOR 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 Thursda day of May 12 2011 DBA: ZAFFRAN BUS SALES LESSOR, SUPERIOR COACH OF F • - ID , I ■ t. 6647 NORTH ORANGE BLOSSO , RAI , F r f 0 LESSEE By: ChrisJ Zaffran' °�`��e City Of Winter Springs / d Title Witness • (Aad ru6 East State Road #434 .411, is (City an. 0: e By: i 6 j Li '' Witness: * 4 / ( WADI (415t14 I`fJ15irn^ `1 (Title) VEHICLE ETC. RENTAL RATE MILEAGE CHARGE eller FUEL CHARGES 1997 Thomas School Bus $150.00 payment $10.00 Rear Engine Unit #1503 per day NO Charge in full /gal. Unit #1508 for miles 6 -7 -11 if we must fuel bus 1t#1 T7543827V1 1 44000 on its return. ODOMETER READING INTENDED USE LEASE TERM i VEHICLE SHALL BE OPERATED Irl�4 AND FINISH xgo9{ . BUS rented 27 days \ . Bus can not leave START mx @ $150 per day Seminole, Orange V \ TOTAL ickuE —ba t Counties RETURN Returned by 5pm TOTAL COST ADD ADD FOR TERM MILEAGE FUEL TOTAL CHARGES CHARGES Special Provisions: Zaffran Bus Hours of opertion 8am - 5pm Rental Days - June 7 8 9 14 15 16 17 21 22 23 28 29 30 _4/1 Y r r o r i i r r , r ► i /� July - 6,7,12,13,14,19,20,21,26,27,28 Aug - 2,3,. al 1p Days Bus must be Pickup at Zaffran Bus 8am and returned by 5pm Bus will be Full of Diesel Fuel must be! returned Full of Diesel Bus must be returned to Zaffran Clean on th- interior or Clean Fee $50 27 ;k nta Days @-$150.00 per .Day * $ 00 T z, ;- Amt.. Due 6-7-11 Add Fee's (Fuel Charges and Cleanup Fee) will be invoiced weekly 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 $ deductible. (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 $ 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 ilncluded 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 set forth in Paragraph 17 hereafter. - _ - - • - - - - - • • -' _ - default and/or for 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 remaining) at the end of the lease if no such default then exists. lissii-eleakiheall not limit Lessor's right to damages upon any such default, blrFeheiF— (c) During the lease term, Lessee shall pay Lessor (or agent) for each vehicle: ( = . •. . -• - ev- ' _ . ..... -.. - -- .._...... - . _ 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 vehicle(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- 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. 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. 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 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 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. 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. 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. v ., r ---+