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HomeMy WebLinkAboutSuperior Coach of Central Florida, Inc., d/b/a Zaffran Bus Sales Lease Addendum - 2012 06 01 LEASE ADDENDUM SUPERIOR COACH OF FLORIDA INC&CITY OF WINTER SPRINGS • THIS ADDENDUM TO LEASE ("Addendum") is made this 15—" day of J tito ti ,2012,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 5, 2012 to August 2,2012; 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 22,2012("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 corpora • n By: J� Print Na •- a �-- KE L. SI-YCity Manager drio- ro Prin , Wye- U /c� S7�r/t3t_5crA/ STA E OF FLORIDA COUNTY OF SEMINOLE The foregoing instrument was acknowledged and sworn to before` me this 15 day of J UI,M 1 ,2012 by Kevin L.Smith,City Manager of Winter Springs 'who is personally known to me or 0 who has produced ,as identification. CLi (I MA1 ".' DCAMNIMSSOMN.HA #ERE K06R 2248 Y EXPIRES:April 15,2015 NOTARY PUBLIC Bonded Thru Notary Public Un_enmr..c hq R My Commission Expires Page 2 of 3 WITNESSES: SUPERIO': • • H OF F li,RIDA,INC, a Floria Co .o- .w imp. Z 40 0... ..Trit �►: ter. Print N, .. - Daniel Zaf i an, Pr ,r�' Ali 10.47 — ii■•■.,4 not f e: • - S"7 ' /..50A/ STATE OF FLORIDA COUNTY OF two vt C 1 .S ti The foregoing cost met was acknp Arledged and sworn to before me this f frlay of ,i 11.he , 2012 by I♦ affran, as resident of Superior Coach of Florida, Inc., lewho is personally known to me or n who has produced p-eYS o fuitc k C1Ai It , as identification. /y g (� Y�P DANIELLE M.HARKER D(� Ca ,L.�a lJ)°4 , :.. ,. ff' V vl �, i� ,r MY COMMISSION#EE 062248 EXPIRES:April NOTARY PUBLIC W' : Bonded hru No Public Underwriters My Commission Expires Page 3 of 3