HomeMy WebLinkAboutSuperior Coach of Florida, INC. - Lease Addendum -2014LEASE ADDENDUM
SUPERIOR COACH OF FLORIDA INC & CITY OF WINTER SPRINGS
THIS ADDENDUM TO LEASE ( "Addendum ") is made this day of
2014, 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 several days between the period
of time from June 3, 2014 to August 1, 2014; 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 7, 2014 ( "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, Lessor shall be responsible for and shall
pay for all routine repairs of the vehicle such as oil changes, fluid
changes and refills, changing wiper blades and towing expenses
associated therewith. Lessee shall be responsible for each non - routine
repair not to exceed $375.00, excluding any related towing expense,
where the need for such repair is reasonably caused by Lessee's use
of the vehicle. 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.
Paragraph 10 is hereby deleted in its entirety and shall be replaced with the following
language:
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.
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.
WITNESSE CITY OF WINTER SPREtiGS,
a Florida municipal corporation.
By:
Pri am KEVXL. SMIT , City Manager
I
/10-
Print Name:
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this 311 day of
3v-2 , 2014 by Kevin L. Smith, City Manager of Winter Springs �who is personally known
to me or ❑ who has produced , as identification.
R Notary Public State of Florida Sean Beaudet
My Commission EE 206726 NOT UBLIC Expires 06/10/2016 My Commission Expires
Page 2 of 3
STATE OF FLORIDA
COUNTY OF } -�
SUPERIOR COACH OF FLORIDA, INC,
i Florida Corporation.
Y
Qj
Daniel Zaffran, Presid
The foregoing instrument was acknowledged and sworn to before me this -_2 1 day of
721 a- , 2014 by Daniel Zaffran, as President of Superior Coach of Florida, Inc., Wwho is
personall known to me or ❑ who has produced as
identification.
NOTARY PUBL
My Commission Expires
* ADELE G,
M 0""'41 * MV COMMISSI9 x Fop
44 "t" EXPIRES: A . ► 8or ylAruBucjoN *r
Page 3 of 3
p ❑0 LEASE
a( 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 1V day of
DBA: ZAFFRAN BUS SALES
LESSOR, SUPERIOR COACH OF FLORIDA, INC.
6647 NORTH ORANGE BLOSSOM TRAIL, ORLANDO, FLORID 328
LESSEE � !
Title __..
Witness _ -__ _. ! V !Y + V 19
(A dres
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(City and State) - -
By: _ 6 A /
(T e)
Witness:
.� (Title)
VEHICLE ETC.
RENTAL RATE
MILEAGE CHARGE
Z 91
FUEL CHARGES
7 � .( �/ '�
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G�i --/gal.
,2
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if we must fuel bus
on its return.
ODOMETER READING
INTENDED USE
LEASE TERM
VEHICLE SHALL BE OPERATED IN FLORIDA AND
FINISH
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BEGIN
START
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END
TOTAL
-UP TIME
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RETURNTIME
TOTAL COST
FOR TERM
ADD
MILEAGE
CHARGES
ADD
FUEL
CHARGES
TOTAL
Provisions:
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Z 91
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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:
Street
Name
Zip Code
EFFECTIVE DATE:
Telephone No.
(1) 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.
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
'130 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 -
meni 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.
S. Lessee hereby assumes and shall bear the entire risk of toss 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
— a,e t „r th. i to ho narfnrmad under this Lease_ All such remedies are cumulative and may be exercised concurrently or