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12/02/1982 ltJ ,\~ J IVJ-~~\) -n , 1!:...~. I-~ I The Citizens and Southern National Bank Equipment Financing and Leasing Department P. O. Box 4431, Atlanta, Georgia 30302. Telephone 404/491-4188 Federal Express December 20, 1982 Mr. Jim Baker Monroe County Municipal Servcie District Public Service Building Wing 2 B, Stock Island Key West, FL 33040 Dear Mr. Baker: Please find enclosed executed copies of the following documents relating to the lease of (1) Rex Trash Master: 1. Equipment Lease Purchase Agreement 2. Schedule A 3. Schedule B 4. Certificate of Acceptance 5. UCC-1 6. Assignment from Lessor to C&S Upon receipt please forward via Bank wire transfer the 1st payment of $5,283.43 to intiate the lease. Sincerely,. m /...1... _ Iui'l~~ t/." I/~ William V. Medbery Assistant Vice President Ic EQUIPMENT LEASE! PURCHASE AGREEMENT (Government) Contents 1. 2. 3. 4. 5. 6. 7. 8. 9 . 10. Lease Term Payments Use Lessee's Inspection, Lessor's Inspection Alterations Taxes Repairs; Costs; Risk of Loss Representations, Warranties and Covenants of Lease Insurance Indemnity Lessor's Payment Defaul t Remedies Personal Property Assignment Parties Waiver Entire Agreement Time Titles; Construction 11. 12. . 13. 14. 15. 16. 17 . 18. 19. 20. 21. 22. 23. Notice 24. 25. Survival Ccrt~in Definitions Schedule A Schedule B EQUIPMENT LEASE/PURCHASE AGREEMENT THIS LEASE, made and entered by and between the Lessor and Lessee named on Schedule B annexed hereto and executed by the parties concurrently with this Lease and made part hereof on the Execution Date set forth on said Schedule B. In ~onsideration of the mutual promises set forth below, the parties agree as follows: 1. LEASE. Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, all machinery, equipment, and other property described in Schedule A executed by the parties concurrently with this Lease and made a part hereof, or described in any schedule or schedules hereafter executed by the parties and made a part h~reof (hereafter collectively called the "Equipment"). The Equipment is, and shall at all times be, the sole and exclusive property of Lessor, and Lessee shall have no right, title, or interest in or to the Equipment except the right to quiet use of the Equipment as provided in this Lease. 2. TERM. The term of this Lease respecting each item of the Equipment commences upon the Commencement Date (as set forth on Schedule A); provided, however, that all obligations and responsibilities of Lessor and Lessee hereunder shall commence on the date the Equipment is accepted by Lessee as provided in Paragraph 5 hereof (the "Acceptance Date"). This Lease shall continue in full force and effect during the Original Term and any Renewal Term as set forth in Schedule A; provided, however, that if Lessee is not in default, the Original Term or any Renewal Term may, at Lessee's option, be extended at the end of the Original Term or the then current Renewal Term, as the case may be, for the period set forth in Schedule A, provided Lessee's Principal Financial Officer gives written notice to Lessor not less than3~ days nor more than ~ days prior to the expiration of the Original Term or Renewal Term, as the case may be, that (i) Lessee exercises its option to extend the Original Term or Renewal Term of this Lease, as the case may be, and (ii) funds have been appropriated therefcr by the Governing Body. 3. PAYMENTS. (a) As rent for the Equipment, Lessee shall pay Lessor the amounts set forth on Schedule A (the "Base Payments"), payable as set forth on Schedule A. A portion of each Base Payment is paid as and represents payment of interest. Schedule A sets forth the applicable annual interest rate used to determine the Base Payments. A final amount shall be payable by Lessee at the end of the Original Term or any Renewal Term, as the case may be, (the "Concluding Payment") as set forth in Schedule A. Upon Lessee's payment of the Concluding Payment, Lessee shall become entitled to the Equipment and Lessor shall convey to Lessee title tG the Equipment AS-IS-WHERE-IS without warranty, express or implied. If Lessee does not exercise its option to renew this Lease at the end of the Original Term or any Renewal Term, Lessee shall pay the then current Concluding Payment to Lessor, as '2: forth in Schedule A. In the event Lessee shall exercise it3 option to continue the Original Term to the first Renewal Term or any Renewal T~rm to the next succeeding Renewal Term, then the Concluding Payment for the Original Term or the then ending Renewal Term, as the case may be, shall not be applicable. The Base Payments and the Concluding Payment during any Renewal Term shall be payable in the amounts as set forth in Schedule A. The obligation of Lessee to make Base Payments, Concludi~g Payment or any other payments under this Lease shall, subject to compliance with the following paragraph, at all times be subject to and conditioned upon the appropriation of funds therefor by the Governing Body. Lessee reasonably believes that sufficient funds can be obtained and appropriated to make all Base Payments during any Renewal Term(s), the Concluding Payment ~r any other payments hereunder. Lessee hereby authorizes the Principal Financial Officer to do all things lawfully within its power to obtain and maintain funds from which the Base Payments, Concluding Payment or other payments may be made, including making provision for such payments to the extent necessary in each annual budget submitted for the purpose of obtaining funding and using its bona fide best efforts to have such a portion of the budget approved by the Governing Body. In the event that the Governing Body does not appropriate funds for any Renewal Term for any particular item or items cf Equipment, then Lessee shall have no obligation whatsoever to make any payments other than Base Payments during the Original Term or the then current Renewal Term, as the case may be; provided, however, that Lessee shall deliver any such Equipmen: to Lessor in full operational and good working order, conditic~ and appearance for Equipment of similar age, type and usage, Base Payments and the Concluding Payment for any Renewal Term(s) beyond the Original Term or the then current Renewal Term, as the case may be, may be decreased only in the event cf partial appropriation of funds for any such Renewal Term(s) in order to reflect the future level of the Base Payments and Concluding Payment based on such partial appropriations. It is expressly understood and mutually agreed that this Lease is payable from the operation budget of Lessee initiall; comprised of sufficient amounts which have been allocated and appropriated for payments due hereunder and other currently available and appropriated funds from various sources and is ~n obligation of appropriated funds of Lessee only during the Original Term or, if Lessee exercises its option to renew, 3 Renewal.Term following such election to renew; it is otherwi22 not a general obligation of Lessee, nor shall this Lease or any thing arising hereunder constitute any lien upon any property owned by Lessee nor any indebtedness of Lessee within the meaning of any constitutional, statutory or charter provision. Moreover, the Base Payments, Concluding Payment, or other payments provided for in this Lease do not directly or indirectly pledge Lessee's property, credit or general taxing power. All payments of rent shall be made at the Address for Rental Payments, or at such other place as Lessor may designate to Lessee in writing. In the event Lessee fails to make a rental payment within 10 days of its due date, Lessee shall pay to the Lessor as additional interest hereunder an amount of interest calculated at the Late Payment Rate on the amount or such unpaid rental from the date such rental payment was due until such unpaid rental and all such additional interest thereon shall have been paid in full. (b) In ordei to assure proper performance cf t~e obligations under this Lease, Lessee shall give to Lessor en the Commencement Date a Security Deposit equal to the amount -2- set forth on Schedule A hereto. Although such Security Deposit may be used by Lessor to satisfy the obligations of Lessee under this Lease including, without limitation, the obligation to make Base Payments and the Concluding Payment, the Security Deposit shall not excuse Lessee from any of the obligations set forth herein. If any portion of the Security Deposit has not been used for these purposes, Lessor shall return the remainder to Lessee within a reasonable time after termination of this Lease. The Security Deposit need not be kept separate from Lessor's other funds. 4. USE. Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all national, state, municipal, and other laws, ordinances, and regulations relating to the possession, use, or maintenance of the Equipment. If at any time during the term of this Lease Lessor supplies Lessee with labels, plates, or other markings, stating that the Equipment is owned by Lessor, Lessee shall affix and keep the same upon ~ prominent place on the Equipment. Lessee shall not permit the Equipment to be used bv anyone other than Lessee's employees. 5. LESSEE'S INSPECTION. Lessee ~~81l inspect the Equipment and execute and deliver to Lessor, in such fer~ ~~ reasonably requested, evidence of "acceptability" to Lessee c:' the Equipment (hereafter termed "Acceptance") as soon as practicable, but in no event later than ~ days after delivc,('~. of the Equipment to Lessee. Execution of Acceptance shall constitute Lessee's acknowledgment that the Equipment is in good order and condition and is of the manufacture, design, and capacity selected by Lessee, that Lessee is satisfied that the same is suitable for its purpose, and that LESSOR HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MERCHANTAEILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. Unless Lessee is in default under this Lease, Lessor shall use its best efforts to obtain for Lessee's direct benefit whatever warranties are available from the vendors or manufacturers of the Equipment, and, upon Lessee's request, Lessor shall assign or otherwise make available to Lessee all of its rights under any vendor's or manufacturer1s warranty on the Equipment. Lessee hereby agrees to use any proceeds of a warranty claim to repair the Equipment to it2 warranted state and condition, without an abatement of ~or~ hereunder; provided, however, that if the Equipment is destroyed or damaged beyond repair, as contemplated in Paragraph 9(b) hereof, then Lessee shall not be required to repair the Equipment and the provisions of Paragraph 9(b) shall apply.. 6. LESSOR'S INSPECTION. Upon reasonable notice to Lessee, Lessor may inspect any of the Equipment at any reasonable time. Lessee shall give Lessor immediate written notice of any attachment or other judicial process affecting any item of the Equipment and shall, upon request by Lessor, advise Lessor in writing of the exact location of the ~,..,,; ",..."on+- uy \".4. t""....l.....~... "". 7. ALTERATIONS. Lessee shall not make any alterations, additions, or improvements to the Equipment without the prlC';' written consent of Lessor; provided, however, that neth n~ contained in this Paragraph 7 shall be deemed to orohib t Lessee from performing ordinary maintenance and r~pairs -~ - ..~- Equipment as required by Paragraph 9 of this Lease. litle ~o all parts added to the Equipment through alterations, 3dditicns or improvements shall immediately vest in Lessor. 8. TAXES. Lessee shall be responsible for any applic3b12 federal, state, county and municipal taxes, assessments, or other governmental charges including, without intending to limit the generality of the foregoing, any personal property taxes incurred in connection with the shipment, use, operation, ownership, leasing, sale, or possession of the Equipment during the term ~f this Lease, excepting only taxes on Lessor's income. Lessee shall keep the Equipment free and clear of all levies, attachments, liens, and encumbrances other than those being contested in good faith by appropriate proceeding and which, as a result of such contest, do not adversely threaten Lessor's title to the Equipment. Lessee shall give Lessor immediate written notice of attempted levies, attachments, liens, encumbrances, or other judicial processes of every kind whatsoever and shall cooperate with Lessor, and take whatever action may be necessary, to enable Lessor to file, register, or record this Lease or such other notice as Lessor shall deem appropriate in such offices as Lessor may determine and wherever required or permitted by law for the proper protec::~~ of Lessor's title to the Equipment; and Lessee shall pay l__ costs, charges, and expenses incident thereto. 9. REPAIRS: COSTS: RISK OF LOSS. Lessee snall, at "r~ own expense, keep the Equipment in first class condition, repair, and working order, reasonable wear and tear only excepted, and shall furnish all parts, mechanisms. and devices required to keep the Equipment in good mechanical and workin~ order. Lessee shall pay all costs, fees, expenses, and char=ss incurred in connection with the shipment, use, operation, ownership, leasing, sale, or possession of the Equipment c~r--- the term of this Lease. Lessee hereby assumes all risk of loss, damage, theft,J~ destruction of the Equipment from any cause whatsoever from C~2 date the Equipment is shipped by the vendor or manufacturer. No loss, damage, theft, or destruction of or to the Equipmen: or any part thereof shall impair or abate any obligation of Lessee under this Lease which shall continue in full force ~1_ effect, except as provided in this Lease. (a) In the event of loss or destruction of the Equipmenc from any cause whatsoever from the date the Equipment is shipped by the vendor or manufacturer to the date of Acceptance by the Lessee, which risk of loss or destruction may be borne by the vendor or manufacturer or carrier pursuant to the terms of any purchase order, contract of sale, or under applicable law, Lessor shall attempt to obtain recovery from the vendor or manufacturer or carrier with respect to such loss or destruction of the Equipment. Lessor shall not be required to commence litigation against such vendor or manufacturer or carrier, and if Lessor cetermincs, in its sole discretion, that such ve~~o~ or manufacturer or carrier will not pay Lessor in full on account of such loss or destruction of the Equipment or will not otherwise satisfy Lessor ~i respect to such loss or destruction, Lessor will assign or otherwise make available to Lessee a1_ Lessor's- rights or causes of action against 3~C~ -4- vendor or manufacturer or carrier with respect to such loss or destruction of the Equipment upon payment by Lessee to Lessor of all sums theretofor~ paid by Lessor to such vendor or manufacturer or carrier for the Equipment. (b) In the event of damage of any kind whatsoever to any item of the Equipment on or after the date of Acceptance by Lessee, Lessee shall, at Lessor's option, either place the same in good repair, - condition, and working order, or if, in the reasonable judgment of Lessor, the item of Equipment is determined by Lessor to be lost, stolen, destroyed, or damaged beyond repair, Lessee shall pay Lessor the difference between (i) the Base Payments (less interest) already paid as to the item of Equipment and (ii) the original Cost thereof set forth in Schedule A. hereto, in cash within 30 days after the occurrence of any of the foregoing events. Upon such payment, this Lease shall terminate with respect to such item of the Equipment and Lessee thereupon shall become entitled to such item of the Equipment AS-IS-WHERE-IS without warranty, express C~ implied, with respect to any matter whatsoever. 10. REPRESENTATIONS. WARRANTIES AND COVENANTS OF LESSS~. Lessee represents and warrants that it is a duly constitutec Public Body of the State and is authorized by the Constitutic~ and laws of the State to enter into this Lease and to carry out its obligations hereunder. Lessee has been duly authorized to execute and deliver this Lease and covenants that it will do or cause to be done all things necessary to preserve and keep ~hi3 Lease in full force and effect, consistent with its lawfu~ capacity and with the terms and conditions of this L2aS2~ Lessee represents that it has determined that :ne use - the Equipment is necessary and essential to Lessee's prO~2r. efficient and economic operation and function. Lessee further represents and warrants that a valid and enforceable obligation of Lessee and have been appropriated by the Governing Body for Payments during the Original Term. this Le2s2 that func~ , , " :ne ~22e 11. INSURANCE. Unless Lessor shall consent to self-insurance by Lessee, Lessee shall, at its own expense, maintain insurance with respect to all of the Equipment covering all risks of loss or damage by fire, and such other risks as customarily covered by "ex~ended coverage" endorsements to casualty insurance policies in the State, including, but not limited to, destruction, theft, product liability, and public liability, in such amounts, in such forms, and with such companies as Lessor shall reasonably approve. All policies of insurance shall name Lessor as an insured as its interest may appear. Lessee shall pay the premiums therefor and deliver to Lessor the policies of insurance or duplicates thereof, or other ~vidence satisfactory to Lessor showing such coverages to be in effect. Each insure~ shall agree, by endorsement upon the policy or policies issued by it or by independent in~truments furnished to Lessor, th2~ it will give Lessor thirty (30) days written notice befor2 effective date of any alteration or cancellation of such policy(ies). Any proceeds of such policies of insurance ~~=l_ -)- be paid jointly to Lessor and Lessee as their interesLs~ay appear. The proceeds of such insurance, at Lessor's oation, shall be applied toward the replacement, restoration, or repai~ of the Equipment or toward payment of the obligations of L0SS2~ under this Lease. 12. INDEMNITY. Lessee shall indemnify Lessor against, and hold Lessor, its officers, agents, employees, directors and shareholders harmless from, any and all claims, actions, suits, proceedings, costs, demands, damages, and liabilities of whatever nature, and all costs and expenses, including Lessor's reasonable attorney's fees and expenses, relating to or in any way arising out of the ordering, delivery, rejection, installation, possession, use, operation, control, or disposition of the Equipment or any portion thereof. Lessee shall also indemnify Lessor against, and hold Lessor harmless from, any applicable federal, state, county, municipal, or other license fees or taxes whatsoever and penalties and interest thereon (except for p~nalties and interest caused solely by Lessor's failure to timely file returns or make payments), whether assessed, levied against, or payable by ~~e Lessor or otherwise, with respect to the Equipment or any portion thereof or the purchase, sale, rental, use, operation control, possession, or ownership of the Equipment or any portion thereof, or measured in any way by the value ~~erc2: excepting only taxes on Lessor's income. 13. LESSOR'S PAYMENT. In the event that Lessee !2l~~ procure or maintain insurance or to comply with any other provision of this Lease, Lessor shall have the right, but stall not be obligated, to effect such insurance or comDliance o~ behalf of Lessee. In that event, all moneys spent and expe~s~= incurred by Lessor in effecting such insurance or complianc including any reasonable legal fees incurred in conneccion therewith, shall be paid by Lessee to Lessor with the next monthly payment of rent. Failure to repay in this manner 3~~__ carry with it the same consequence as a failure to pay an installment of rent under Paragraph 3 above, including a cnar~~ of additional interest calculated at the Late Payment Rate on each such amount due and unpaid under this Paragraph 13 fro~ the date each such amount became due until such amount and JUC~ additional interest thereon shall have been paid in full. 14. DEFAULT. The occurrence of. any of the followi~; shall constitute a Default by Lessee: (a) non-payment when GU2 of any amount payable under this Lease; (b) failure to observe, keep, or perform any other provision of this Lease required to be observed, kept, or performed by Lessee and failure of Lessee to remedy, cure, or remove such failure in observing, keeping, or performing the provisions of this Lease within ten (10) days after receipt of written notice thereof from Lessor; (c) Lessee's becoming insolvent or unable to pay its debts as they mature, or any proceeding being instituted by Lessee alleging that Lessee is insolvent or unable to pay its debts as they mature or seeking a moratorium, composition or extension of Lessee's indebtedness, or a petition under any Chapter of Title 11 of the United States Code (entitled "Bankruptcy") as amended, being brought by Lessee; or (d) any statement, representation, or warranty of Lessee in this Lease or in any other writing furnished by Lessee to Lessor being, ~t ~n'T ~-~~ untrue in any materjal respect as sf the date 8~rlQ -0- 15. REMEDIES. Upon the occurrpnce of any Default, or ~c any time thereafter, Lessor shall have the right to pursue ~l: rights and remedies available to Lessor under law. Anything herein to the contrary notwithstanding, if the Governing Body does not appropriate funds as provided in Paragraph 3, such failure to appropriate funds or failure to make any payments hereunder by reason of such failure, shall not be a Default and Lessee shall be relieved of and fully discharged from its obligations hereunder to make any payments other than Base Payments ~uring the Original Term or the then current Renewal Term, as the case may be; provided, however, that all other obligations of Lessee hereunder shall remain in full force 3nd effect in the event of such non-appropriation of funds for all Equipment for which funds are appropriated; provided, further, that Lessee shall promptly deliver to Lessor at the Equipment Return Location all Equipment for which funds are not appropriated. 16. PERSONAL PROPERTY. The Equipment is, and shall at all times be and remain, personal property notwithstanding ~;i~S the Equipment or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or embedded ~0. or permanently resting upon, real property or any buildin~ thereon, or attached in any manner to what is permanent 2S ~.: means of cement, plaster, nails, bolts, screws, or other~i:~. If, notwithstanding the intention of the parties and the provisions of this Paragraph 16, any person acquires or cla:~3 to have acquired any rights in the Equipment or any portion thereof paramount to the rights of Lessor by reason of sucr Equipment's being affixed to real property and such person seeks in any manner to interfere with the continued quiet enjoyment of the Equipment by Lessee as contemplated by shi~ Lease, Lessee shall immediately notify Lessor in writin~ c~ such fact and shall seek diligently to remove the basis fJ~ ~: such interference. Unless the basis for such interference i: waived or removed to the satisfaction of Lessor within thircy (30) days from the date it is asserted, Lessee, upon written request from Lessor, shall within ten (10) days after such request pay to Lessor an amount equal to the difference betw2?~ (i) the Base Payments (less interest) already paid as to ~h2 Equipment and (ii) the original Cost thereof set forth i~ Schedule A. Upon such payment the Lease of such Gqul~~ent shall terminate and all of Lessor's title to and rl~n:~ Equipment shall become the property of Lessee. 17. ASSIGNMENT. Lessee shall not assign, transfer, pledge, or hypothecate this Lease, the Equipment, or any part thereof, or any interest in or under this Lease or the Equipment, without prior written permission of Lessor. 18. PARTIES. "Lessor", as used in this Lease, shall for all purposes include its successors or assigns. "Lessee" shall, as to its duties and obligations, include its successors or assigns, but as to its rights shall include only those successors or assigns substituted with the prior written consent of Lessor. 19. WAIVER. A waiver by Lessor of any Default or Defaults by Lessee shall not be construed as l ~al~2r is future occasions of Default. ~ -1- 20. ENTIRE AGREEMENT. This Lease (includii;; 2chedu19s and B hereto) constitutes the entire agreement of the parties. No agreement shall be effective to amend this Lease unless 3UC~ agreement is in writing and signed by the party to be char~ed thereby, and with respect to the Lessee, unless such amend~en[ and the execution thereof shall have been approved by resolution of the Governing Body. Wherever possible each provision of this Lease shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Lease shall be prohibited by or invalid under applicable law, at Lessor's option (i) such provision shall be ineffective to the extent of such prohibition or invalidity, without fnvalidating the remainder of such provision or the remaining provisions of this Lease, or (ii) this Lease shal: thereupon terminate. 21. TIME. Time is of the essence to this Lease and to each and all of the provisions of this Lease. 22. TITLES: CONSTRUCTION. The titles to the paragraph3 of this Lease are solely for the convenience of the parties one are not intended as an aid to the interpretation of this ~2a3~. This Lease and all rights under this Lease shall be ;over~~2 by, construed, and enforced in accordance with the 12~3' State. 23. NOTICE. Any notices permitted or requlr~a b~ t~~- Lease shall be in writing and mailed by certified :~3il. ~ Lessee's case, notices shall be addressed to the Address ~( Lessee for Notification or such other person or address 22 Lessee may indicate subsequently in writing to Lessor. -~ Lessor's case, notices shall be addressed to the ~jdres2 Le ssor for No ti fica t ion, 0 r such other ad dress as Le s so {' h, indicate subsequently in writing to Lessee. 24. SURVIVAL. All covenants and agreement3 or ~2SS22 made herein or in any other document or certificace rererreG herein or contemplated hereby are material, shall oe deemed :c have been relied upon by Lessor and shall survive the execu:~:~ and delivery of this Lease and the expiration of the ~eaS2 term. 25. CERTAIN DEFINITIONS. The terms defined on ScneGu~~ annexed hereto executed by the parties hereto concurrently this Lease and made part hereof, shall (unless the context clearly indicates a different meaning or intent) when usea l~ this Lease have the meanings set forth on said Schedu18 5. IN WITNESS WHEREOF, Lessee and Lessor have duly executed and sealed this Lease in multiple counterparts as of the date above written, each of which shall constitute an original. DeWind EIent COJII~~~ESSOR) Q .~. Tit I e ~ ~ r:L b . cP ,7'''' -t ~lLUlicip:ll Service (LESSEE) . ~ -8- c" ""' y "hi III 4\-i-iE:ST"RAl~U lM v~~nT" "1 rDV ~ ~~'it\~V ,;t~~i .<-. .~JroFORM ~ 1NDtUau SUFFICIENCY. \ ' 1....--/ {;. '.. ...,' I ~ 3Y ~4.~ ~ \LLl~J~' J AttDmtJ'f's Office j - EOUIPMENT LEASE SCHEDULE Schedule A to Lease Number (This Schedule consists of 2 pages of which this page is No. ) Decemher :' , 19R7 1. Lease Term: Original Term begins on December 2 ,19....s..: (the "Commencement Date") and ends on September 30, 1983 Renewal Terms shall be for year(s) each beginning immediately upon conclusion of the Original Term or last Renewal Term, as the case may be. 2. Interest Rate: ten and 75/100 10.75 ) Each Base Payment made by Lessee includes a payment of interest determined by applying an annual rate of interest equal to ten and 75/1~O 1~15 percent to the outstanding balance of an original principal sum equal to the Cost of the Fauicment (as set forth below) less the Security Deposit. 3. RENT DURING ORIGINAL TERM AND RENEWAL TERMS: Due Date Amount of Base Payment Concluding' Term ?a 'lrr:e:i 1: .~,t Original Begins upon commenccmcnt and monthl v thereafter startinCT January l, L9S.) Wltil September 1, 1983 "" ~ ;.., .' ~J ~ _ ,.'. '. First Henewal BeCTimlino on ()ctobe r . b b .-, 1983 and monthl)' thereafter until Sep- tember 1, 1984 :.' , _ 0 ,) .--i-.J Second Renewal ~lonthly begimlillC', 'JIl October 1, 1984 h'ith a final pa)lX'Ilt due on November 1, 1984 ':'hird Renewal .L Fourth Renwal · Concluding Payment equals Cost ~l~~: S2c~ri:7 ~~~~3:: principal portion of Base Payments ~2~e G~ior --~ Payment. 4. Location of the Eauipment: Street Address Equipment 10catiL'Il County Florida County \L\!".~'~_~~) ::ta te 1 : '1' : , .. ~ City f.(,\' ;::('c;t 5. Equipment Leased: ITEM NO. I 6. Security Deposit: $ _ 0 QUANTITY rESCRIPTION COST il; \C\v l~jS':: Res \Iodcl :):)S rr::lsh \bshcr. Scn~ll IIBCl (1 < L 1 \ . (It' i). l) Y~~';L:#~I r'rlct .:J ~r~~~SSEE) B~ tJ"~\~A-iV (Title) l\~~s~ HAl PH W U;M~Tr r.r r.Dfl ~. ~~ ..- .hUi~"" .\f'"~.o .< DeWind \bChiI~n\' ~ .' . (LESSOR) B"--"--~ ( ~f' ". . . ~. . .' .. >- ..~. ~ ~ ..;:,- . ',- -Co , .,....... ,.,1......-' .., -c.- SCHEDULE B The terms set forth under the caption lIDefined Term" 3n21..:. have the meaning assigned therto in the numbered Section of this Lease Agreement set forth below under the heading "Section": Defined Term Section Acceptance Acceptance Date Base Payments Commencement Date Concluding Payment De faul t Equipment Original Term Renewal Term ,- ~ -' ..., ,::. 3 2 3 14 ? .-' "Address for Rental Paymentslf shall mean :\ational Bank, Equipment Lcasin~ Dent. P,i', .~)::: >1')1"1.",, ,',-- 1 ~ l ,- --\ "' "Address of Lessee for Notificationll \\in!2; 2-E Stock IsLmd Kc\' h'cst, l'lol'1c!:l :~'lil sna.l":" ~e.~n , . , :-jlLl~ "Address of Lessor for Notificationll shall ;']ean,,\ "" Conman\" ,L5]O \1': 10th ;\n'. )),0. Bm:2::iC)](1 FU1':: L\i.k:,"',_:~1~;'. ,~-,- "Equipment Return Location" shall ;;",ean lIExecution Date" shall mean 1\ 1 - ;_;,:_)CC:~:~~l:"':\ t' _ "Governing Body" shall mean the Cr,JIflT" \ -'--""1 <.; ;,T"'-",- of the Lessee. "Late Payment Rate" shall mean r,''l ,;l,i -~1 fif) annum, computed on the basis of the actual ~umber elapsed. percen'C, c:: davs "Leaself shall mean this Lease .igreemerl1:', i.::C.l.L.G~",: Schedules A and B hereto, as this Lease Agreement may 08 amended from time to time in the manner herein providec, "Lessee" shall mean ~[onroe LOunt\- ~lunicipal SelTice District , a Public Body of the State. "Lessor" shall mean DeWind :.hchinerv COlnpan\' "Principal Financial Officer" shall mean the \l:l\'nl' of the Lessee. "Public Body" shall ~ea~ 2 the State. Lit: ,,::11 '-':~:~:j _1 \ i ,.: I ., "State" shall mean the State of '!c)'j,Ll -c:- . C:OIilD:lIl\' (LESSOR) ~Y~,li"~'("';j-l""') ." _ __ .J ...J... "_ ; ~ l_/." . .~ .: ..,. / I - if CERTIFICATE OF ACCEPTANCE Equipment Lease/Purchase Agreement (Government) To: The Citizens and Southern National Bank The items of Equipment described in Schedule A to Equipment Lease/Purchase Agreement (Government) between ~lonr()c COtlIlt\ :"d~ll....'j:".l Serdcc District (" Lessee") and - D€\\'ind ~lachinery COlTIRany ("Lessor") have r been delivered in good order, have been subjected to all neC2ssar'y tests, and are hereby accepted by the undersigned as bein; 3atis- factory in all respects. ~kmroe Cu;mt> 'h.ln1:;l't:=.T', L',' ~- (j; Da te : // ~) ~--e.../L/ ?L By: /d--;?,r; '" " Title: STj\::: 0;:: r=!_C~l:~i\ UNIFORM COMMERCIAL CODE - FiNi\NCING SHITEMENT - FORM UCC.1 REV. -1981 . THIS FINANCING STATEMENT is presented '0 ~~~~_~'.!!!.~~'.c:~_'I~~i! pursuant to the Uniform COrT'merC131 CJde_ __===_== DEBTOR (Last Name First if a Person) NAME Monroe Cmmty Municipal Service 1A District MAILING ADDRESS Pub1ic Service Bldg. Wing 2 -B Stock Is land CITY Key West STATE FL 33040 THI, ~ fA:E =OR USE OF F'LiNG OFFICER 03t.~ TIT! ~Jmber & Filing Office x o '" a: UJ 0.. UJ ::l; <( z UJ z o >- -' z o MULTIPLE DEBTOR NAME 18 MAILING ADDRESS CITY MULTIPLE DEBTOR NAME 1C MAILING ADDRESS CITY (IF ANY) (Last Name First If a P'~rson) STATE (IF ANY) (Last Name First if a Person) SECURED PARTY (Last Name First If a Person I NAME DeWind Machinery Company 2A MAILING ADDRESS 4310 ~w 10th Avenue I I I -, I I I * CITY Ft. Lauderdale STATE FL 3330Z._______~_: (Last Name First If a Person) MULTIPLE SECURED PARTY IIF ANY) NAME 28 MAILING ADDRESS AUDIT UPDATE CITY STATE ASSIGNEE OF SECUFIED PARTY (IF ANY) (Last Name First if a Personl VALIDATION INFORMATION NAME The' Citizens and Southern National Bank 3 Equipment Financing & Leasing Dept. MAILING ADDRESS P.O. Box 4431 CITY Atlanta STATE GA 30302 4. This FINANCING STATEMENT covers the following types or Items of property (Include desCf/CflOn of real properry on which (oeared and owner 01 record when requlfed) If more space ~s reqUired, attach additional sheets 8'/1 x 11" If SOl 10. ,CheCk If SOl rl ~ ~ ~J~ ~ a:Q) >< N ~ 00 ~~~ o..~ 0 ,,-0 . f'I"l CU) 0 <IJ . ~o...("j a:e 'r-! O('j ~ CfJ ~ ..0<: 50-; Ot/) e 0 ze ro Q) <( C) ::Q ',.J ~N ~ rl r-1 Z+J ro ("j .,...) :..J ,.... ......, * One (1) New 1982 Rex Model 335 Trash t-.1asher, SIN HER216 * --~, 7. "0.01 addItIonal Sheets c.'esented .~ Proceeds ~"-o_'lateral~cov,,,-ed as provided In Se"tl.9~7!l_c~03."nd_6!9c~_~!,cS_.. 1" c' ~6...'_~!~~~Secretar.y of State..- FT. _____L___none_______ 8. (Check C) =J All documentary stamp taxtfS due and payable or to become due and payable pursuant to S&ctlon 201.22, F.S.. have been pala :J Florida Documentary Stamp Tax is not required. 9. This statement is filed without the debtor's signature to perfect a security Interest In collateral (CheCk ~~ already subject to a security Interest In another jurisdIctIOn w.hen It was brougnt ,nto !h~S stateJf 'J~8!--:(S location changed to this state. =~eb!lH s a tr3r~-i','~ !",,-:; O;:;,j.,:,::!S .,"::.1- ':::_:~~.3tf":1: :;:~ ::',>:"f---; which IS proceeds of the orIginal collateral described above In which a se:.:v tv ~r,tereSl....as cer+e:te:: ~ ,- :--< ~_~ r---- as 10 which the I:tlng has lap'3ed STANDARD FORM - FORM UCC-1 acquired after a c!lange of name, Identity, or corporate structure of !~e __, debtor or - . secured party 13, Return copy to [NAME-The Ci tizens-aruiSout~m-National Bankj IADDRESSEquipment Financing & Leasing Dept. i I P. O. Box 4431 !CITY Atlanta STATE GA lIPCODE :)0302 ASSIGNMENT OF EQUIPMENT LEASE/PURCHASE AGREEMENT Between the undersigned and \10111'0(' COLmty .\hm ic i!)] i <'!Ti,-O_ . ......, -: ~ +- ; - ~ ~ .. . \.... \..., Dated l)(Y"f'mhf'l' ") J 19 l" , ~. FOR VALUE RECEIVED, the undersigned ("Lessor"), the original lessor under the attached Equipment Lease/Purchase Agreement (the "Lessee"), hereby transfers, assigns and conveys to The Citizens and Southern National Bank ("Bank") the Lease, together with all rights, privileges and powers of the Lessor in and under the Lease, and warrants that the Lessor has no knowledge of any fact which renders the Lease less valuable or valueless. The Lessor represents that it does not knmv or have anv reason to believe that there is or is to be any extension o~ credit to the Lessee named in the Lease (the "Lessee:'), ~:1 connection with the purchase of the property . .....,. . c e s c r ~ :: e dl n c :-: .~ Lease other than as recited therein; and there are no agr22- ments, arrangements, or understandings between -~~ 0 L~l_ .:...2ssor .:::.c:.::. the Lessee whereby the Lessee mav ~ake payments . , ot:~~!" :::lan ~~3 recited in the Lease. This Assignment is "made pursuant to a Dealer Agree~ent (Government Leases) between the Lessor and the Bank, ~nd ~_~ terms and conditions thereof are incor?orated herein bv O~S_ ference and made a part hereof. This ~ssignment s~3l: ~~u=_ to the benefit of the successors and assigns of the 3ank. IN WITNESS WHEREOF, the undersigned has set its hand and seal as of this /6~day of Vel"" p#/Y/6t?r , 19Q. L B Accepted by The Citizens and Southern National ~ol^ day of j)erpn7~c'r , 19 S....z. ~7~u~~ Title, 4':/;de ~4~ 4l.A de- kd-:/ I Bank this I. .~ i! ~I 1" r l' r -, I ~<f~ RIlOROIl.. "..oM Ilii.'::':"iil '.HILAHOO. FI.A, fDfiT lAUDHiUAU: 4310 N W_ 10th Alii _,;,3lJlJ PH01\1[ (305) 7 u-mJ:.'o MI/,IVII lJlHLCT LINE 305-3lJ-5748 Ol:W.1 NO MAcH .,.SAvtOft,1PA.NY TAMPA :3319 U.S. HWY. 301 NORTH 33619 PHONE: (813) 626-5131 JACKSONVillE 6740 HIGHWAY AVENUE 32205 PHONE:, {904l 7$6.7510. Datt~_ 12/1/82 i ~. ~ Ship 1'0__________ M~l~~~~- county._______._--------. ._._ _______--_______.__~----_--.--~--- At _..~tQgl<_..l~.!.~gd!. I<~~._ We_~.!::r~ Fr.:__330~.E.._.______""-.----.--- Routi/lg__ ... .._. n..M...C~_ ..' -_. .....,.......----.---.-.....,.. -- ",.-. ~-. -_._.".."--,..~-,..,...~"._._._".-------~_._.- Jf ,I i: I At.. _ ___~u~~?~paJ_.~~E!~?E.;__?_~str~c:.~.L__~~~~i~-~~~vic.e ~ldg ~tock Island __.. ..~_~X~"=~_~.!_~;L 3304p__~:_::'ri'~ ~ ._o.:~~::~ lie~uaij4~fl; Shipp~f,g OatL._..l we__ John' M, DtlWind Invoice To. TerJIIs:_____2 ~__ mo~~!~_2:~a.s-!:..... _..._ . _.______..___-.-----4--___Sa1e$man =_-=.:.:..:::c________ c.:==_= ....--. .;;;:.;::;;;:.;_.....=c.;:;:._:.:.:.:..-..:;..:;;;;=.;c::;;..~;.;:::="="::::;.-....--T-'--:n One New Hex Mad,el 3-35 '!'ri:;UlSll}aster wit.h(~11 stqndax," ----- ------.- equ i pmt;m;;:":1'JlCludilti-1".""'Pe'tre-i-e--6V-$Vr,.--&5- ..' -----_.-------- .- --~6~~~~ir~.~~~~~~~i ~ ii~!~~ ~i~n~f;.!i~~rX~r~~~~.~~ ~__._____.._, ..Large -Coo.1:..i..n.9.C(.lpa,cLLy dud_wi de Iti,tL.~.~~cd rlg.,..for. . Cleaning. Radiator J?rotected by He~vy"'Duty Gri ,ie. u-'Engine-Mat~ed;-'Dry "'''1'y pei\.ir -ei-eanetfWi t ~ri~-I!~~i~-=~~~e~-~~~~X-'6[~ikn~'~p~~~;~:=;~7R~~~i-~- ~s;n:i~~ shi f t.'rJ.:an;,lmi:.i~i on \.v it.h.-'I'o..J;queCo.u.:v ~to:r:,--CJ...;;u:,k.. Planetary prive Axle.s \vith Labyrj.nthSeal P'rot~e tOl's. A -Wheel~Ori ve, .R:idg Q- r.1:Qun ted--:-'No--S~-!"r'OntJ!)j,"f-:eer~t".t-a . ... ... ~~<il~~iig A6t(tf:~~d ~:~~j: ~r~I~~;l~~~~i~i~:-~~~e-~~~dh~~~~: u,_ Actuat(;d l'drJ".ing lJrd.k:e.eent.er.A.t::t i nIl i cding... 5i~f'.d.ng:. Open Pivot.al. Doou, at Ax:-ticulated Joint for EaaJ-1 Service 'access. ~"Engtneholl:Jed with - spring' Assisted'l'iitjttoocr;- 1 C()lUp1~te Undlc:J: s~~ It; t?;:o tl'lcted J?Y ~)"_~ :-~_'t:.~e_l rtBl~ lJ.jLl~~!! I-~... Belly Pan Mechanic41ly Lower~ Vertically for SeJ::jvicing. - ......... --l~vy-I)u:t.y....,1fy~ul-i,cally -Con.t&~~--Pp-I' Down---an4--Float Posi tion 1?ladu, with :::ee-'i'iu ough !;l)Ard and. _~i:SQJe .. -----I -CUl... L...Lng .c.U':J~;:;" h..L.I."; \,,'-;' _T~~>t'r;;,,#~_ wlu;;.\el~...!t!:'tn \,)..t....._...# . .____ ~ n' ... S~lf~:l~-fM!!n}J..!..JU~B_J~~qfRsm.:-}'langaneileJ ~~ee~ ~~~';.~_~:' I p, ICe; ,ldtell dlJUve 01" t= _l:>.l3. Factory unless otherWise ,wwd. Th."" r-<ric.-" 'J'" ~"bj"cl to change without-notice imd ordetlcalling fG~'iiJturtl delivery will be billed accuruinv to tilt: ...H'l;~ F .O.B. ~~<J<.;tory II. dtt.aCL <Hi.f,n~-.; ;';,1 Uf;:!i;.Il;;,'''- I 1;,1 ep!ount L,f tne pr~~ent or fu,~rc ;;ales, u$t:ln~\ienue. eXCI5'" Of other ta)(es,'imp<>>ed.bY i;JIIY liJ\NtuJ uovl:rnrnei1ldJ dU ltlUl1 ty Ofl ttlt~ ~quIjJlnt:ll\t ij' i(j/\), ~liJ.-,pli',:" :: .)~,..~: ~b()\/I:! shall be dOUtH..t tG t:v~ pi.i'Ghase price- ana sh(jiibe paid by th~ purchaser. ar._ i11 llcu ttlertlpf, tht: pUh:lh.n~l:r ~jlijii ~HOvll.S6 UeWH,(j Ivk,ctlltlt:.;fY GUlIlPoJily w~tlJ jj tdx f:XernpllOn certltl\.:dlt: 1~"lo.;ui:1' ;;:;:...-"'1. h.... the oQprpf..-IrtitltJ tiiJx i;HJif',,,j:i!V, '1111'. uld,~r L\JII::"lltUlc~ dO uth:1 t..y Pl.lI(..nl.l~CI t,.lj :J1;.\tv'IPJ M"lH:hint:IY COlnp~Hl'y until Selina is i.H;(,;.ptud and 4Ppruvf.id ~v the DeVV1nd ,....,achll....\i CVlllp~nv t).omt- offlu~ whlctl dcu:~pta'H~e ~hall bt~ eVl{jenccU uy Hit: $i~nlllH ot lids UI(jt:r by dll l)ttl(:;~r of SelltH in :ilp",(;1:t prOVIded for bttlow. 1 tll'l u,dt~( l'!l sulJlcCt tv all of thu tel'lllS dl!.! LorH.1,tlOflii- l;fl , bIJt,HSt; ::ildH. --:1 powet i,.~;, ; \;I\Jt, //.! . J ,/- ,I' I {" )"4(,~t. "/ -#~'c.".f"j...''''1 Purchilser's NellI"'/! ____./ _ .. .__ -I he dlJuve IIUlllyt-ft/sOIl wh(J tl.J<si\.)lwLJ h.l' .:J.,d on !JtHlE; t of r'\..l(~hd:,( ( to SI~Jrl 1111~ Pu "h Orck'r'-- ,jt'~ JI JI "- r', F \/,I! f\f I' I',. /\ { .1 ; , '.l6"b31) ~c,;-.", lUiOROE" f"OM t."...." OllLANOO. fLA. ......~.~ "'<\d.4l.,i:fI I. f-UH I LAUUEHD"U. iLl II' N I/IJ 10111 J\Vt-: .UJU:J PHONl (3U5) 7UH'J10 MIAMI LlIRECT LINt: 305<.1 /J5748 DE'WINDMACHtNJ:RVCO"~ANY . " TAMPA 3319 U.S. HWY.301 NORlh :!3619 PHONE: (813) 626-5131 JACKSONVILLE 6740 HIGHWAY AVENUE 32201) PHONE: (904) 786-7510 12/1/82 Dale. Sllip To M()nf9~ .c;<?ll~tJ' '0 ---. "'-"---- ....~_...-...,'~ .._._,,----,--_.~-'_..~ ---- -..-...... At.__... .__12.t,Q QK _ r.s..lgmi-ll_.$-~-._~~ liit.,.. li~ ,].1Q.4J2_________ -------:---.:..--'-------,-------.. D.M.C. ~... n_._'_ _.~._ ._ Rou Ii ny... --~.._._---~._-_..._..~._-.._.,-,.__._--_.........---_..~ InvoictJ To J11,.lni.<,;,il)~.l. a~-l,jliCJ;;. QJ.~t1:.LQt.......El.\l;I.Uc ~erY.J.&e._..u~.~.I-_ St~ck Iq+"~ AI Key \N~:31: t l:'k ;3JO'UI il'l"l'N ; ~ ~, .--.--. .....r'... .~Ierry._!!W-~l;l~e~---shiP.. plllg {)ate__ 3 w~~ks . . ,. . '.' .. llllfllS:_ _.2Al_llll.iJ.lt..hJ.~~~. _____ .___,_______ ._. _ _"'~.._Sale:;lllan~- J9~m J,)~Wj.nd ---~'.- - ,,_.~......- ----- .....~._.._~-_._. - .n.__..-....... _,,___..__,. ._.__. .___._...........~.. ..'''.__ -f., .>.,.- -..., ... --.---.-- --.__.__.._.._..._.._-----_._,,~ -...,.,.-,----,--.- ~-- .' ',," ._.".""_"'" ..__.._.._...~___v..__.~_..~_" ".~,_.~._._-_.- .,,,.._^'--,_....~------"'--~_._- --- .,...",.- ---=-=-... .A-_. Designed for H~:tximu.cflC:rl1shing andCOInpi;lcting of S .Wa s te,'.... 9'" 8 w~'r2'9.46mrriT'W.i<Hf -ComI?~c~ton..lrey7a:!f~~;.----A l^JhL:.cls.r::e.,ruier.. ~.e)':t:.d...__",E.l1Ql.Q~~d, In~:Il).ate4 ,-~ Cab wi t:h Inte.~J:t.al ROPS. Adj ust-able, Sp.spension Side l"aci:n(:j-$ea't .... ft:)x'36D -a~ree---~~i-t.--y..---Gl Grouped c;ontroJs. Windshield Wipers ~.... Ji'ront a.nd Tl~1.tE~d- Safelt~; -GTas fi,. ()peratfrig'''L1g11f.-s:!r{l~ -2-"'Ff(:fn.t-~- LiLJ-ht.ed Inl7t,J;\.l.l.l.I.en.t~t Dome..L.ighL.a.n.d.. flq;x;'f(l+.- ~ System Proteoted by Master Disconnect,Swi~ch. Pa Newt.iine;"}l.utom,atic.t<;ngine Shut..dOYlh for -iow--oi-l." and hiohteU\ueraturE. ._____._ .+'_H'_ ..,__~_ ._,...,_~,.__.____:p,---"... ..._......_.,__:....". _.. ."-'- ..-' _~__.____+ ..-'-~'~'- .~ ._,..............n--,_. ~.----.-...-.- ..-'- 1....-.---.---- I I Sp~ci~l Nc T~dde Di~cuunted Price FOB Key West $114 660 00 I -~l Pi ILl::. ::.ldl\~0 .llH)Vll Ull.~ f- U b . ;:II.! III'" \Ii litL~;" Utllt,;l fJ'"hd .lvtud 'ltw;;. III h;l;'; ul t; :'Ubjdct to c-htJnye wltlH.)ut no lieu dnd ord~rs caUlng fol' future uttllvery ""iii be billed i:H.:t.:onJIII:J tu tilt: pra.:~ t;.O.li_ .-tJ\.!UI'l11l il1l.;,l dt Ulli~-U; dt;ilVCiy Ihu'ctllH.Junt of the ~)fe5t;1nt (.if' loture sdles, USCk revenue, exCise, or other taxes irnpos~dbv dllY IdWlul \Jl.Illt:rr\llIt~lltdl lJl)lhuIIIY iJII tIn l;'\jlJlp~1"~fll ..HuJ/ol lhir;p\ll:~~ 11~;lI:J ~dJOVtt shall ue aQued to the purchase pl'ice and shall be'patd by'thepurcha5ar, or,in IH:u tllt::fl.'Vf, till; JJ\Hdl~I~t:1 ~1I.lllllfl.lvldt) l)~'VJllHJ ~jl.I~':t\llluty COfllpi;n" wlth ~ll(JX t:x~lnption curtlh~dte la_wfully ISliued,by th~ approprii:HO tax authorlty. nll~ (Hlkf cun:'lill.Jk~.jll utlt.'f by "'urLtld:~t:f h) f).,'Ntud fvldclllHt:IV CUllll'dny until ~dlnt.: ji accept~d and a~prov..d by the DtlWUld Ma<.:hlntlry Corllpany hOlne ulht e V..,dll' II Jl.-l.-I~ptdIILI' ::.hdlllle t;,..I(1Plh..i;.all.JY lho Ii ,nillO IJI llll~ Ud.h;H WI! ~n uftlcer of Seller Hl $fJ'*C~ provided for' bc,low ~~~Tr (t' '[.011 1111' UfJ" I; ,ub)""! 1(, dll 0111'" It',"", "lid CllIl{j'lI/' " IIn/l're.' ;I<k ,1;,,1 . 0011 if. ~'i'li '''-1 "-LLi\e',II' , ..., '~,,,...'v,,,-t.L-:~( )/'~ . .. "". ' .I. .", ,_ '.W" '!..-"'J/' _"'/ I WI ~ Purchaser's Narne7' ?__n__._j' . - Purchaser's Authoril.e!-'J Sjyn~ture . 1 ht: ;jbUVt~ llull'H::tf P~OIl ~}.J.lld~ ')!':!lIi iJ tor allU on tJUhdl1 tll Pdft;I:\J~(;r I t::pr~~i;ents onu WUfrpylU unto De Wind Machi,. \0 SI\j1l \111; PUlc~a~ Ord"r. I' ,'''' r, F-, ," .1 ~