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1988 Chevy Caprice for County Attorney L~a~e Agreement and Disclosure Statement Consumer Lease - Plain Language INDIVIDUAL OPEN END Lease No. NOTICE: See other side for Important Information Date 6/30/88 1. (a) lESSOR (called "You" or "Your") LESS~E (called "I", "Me" or "My") Name BOB CHANGO AUTO LEASING, INC. 3500 N. ROOSEVELT BLVD. Address Name COUNTY OF MONROE COUNTY ATTORNEY Address 500 WHITEHEAD ST. City KEY WEST State FL Zip Code 33040 City KEY WEST State FL Zip Code 33040 (b) ,I agree to lease from you and you agree to lease to me the vehicle described below on the terms and conditions set forth in this Lease Agreement. 2. Description of Leased Vehicle Year: 1988 Make: CHEVROLET Model: CAPRICE Accessories & Special Equipment 0 Tinted Windshield o CID Cyl. Engine ex Power Steering or Automatic Transmission IXJ Power Brakes [2J Radio IX) Power Windows DI Air Conditioning IX) Power Seat, rx Tinted Glass - All J Vehicle to be Delivered at and Returned to: Address 3500 N. ROOSEVELT BLVD. BR. Body Style: 4 DR. D Sure Grip Diff. (]I Undercoating ~ Wheel Covers ~ Vinyl Roof/Roof Rack ~ Auto Speed Control Serial No.: 1G1BU51HOJA138527 o Outside Mirror - Remote o Tires o o o City KEY WE S T State FL 3. (a) Initial Charges: (1) Capitalized Cost Reduction (2) Trade-In Allowance (3) Taxes on Capitalized Cost Reduction/Trade-I n Total (b) Other Charges Due at Inception: (1) Partial Monthly Lease Payment (for the period to ) $ (2) First Full Monthly Lease Payment $ (3) Refundable Security Deposit $ (4) License. Title and Registration Fees (5) Taxes (6) Other Total Total Payment Due Before or at Time of Delivery of Vehicle (a) + (b) 4. (a) Basic Monthly lease Payment (including Sales or Use Tax) (b) Other Charges Payable Monthly: (1) Insurance charge (2) Maintenance charge (3) license charge ( 4) Other Taxes (5) Other - Toial (1 through 5) Total Monthly Payment 5. Term of Lease: 48 Months. The first monthly payment is payable before or at time of deJivery of vehicle; Subsequent monthly payments are payable in advance on the 1 st day of each month thereafter. 6. Total of Basic Monthly Payments. 395 . 28 Basic Monthly Lease Payment (item 4(a)) x 48 Months 7. Total of other charges payable to Lessor: o Disposition $ N fA o Maintenance $ N 7 A o $ N/A Total 8. Fees and Taxes. Total estimated cost during the Lease Term for official fees, registration, certificate of title. license fees and taxes. Licenses and taxes will be paid as indicated. Provided by You o o o o o $ $ N/A N/A N/A N/A $ $ $ $ $ N/A 395.25 N/A 68.85 N/A N/A 464.10 464.10 $ $ $ 395.25 $ N/A $=m==NA $ N A $ $ N/A N/A 395.25 $ $ $ 18972.00 $ N/A State License Sales Tax State Excise Tax Personal Property All other Taxes Provided by " . Me [! ~ KJ IX] 275.40 $ 9. Insurance (a) The following types and amount of insurance will be . acquired by the person indicated in connection with this Lease: Provided by You o o D g' Provided by Me Fire, Theft & Comprehensive KJ Collision ($ 500. O@ deduc ib e I Public lia,b i1i~,($ 100 0 ~" 00 ",0,0 Pro~__Qam~ge ($ , \.~. \ " Other ; -" (b) Total Premium Cost 10. Estimated Wholesale Value of the vehicle at the end of the Lease Term: (My liability for this sum may be limited. See item 37) 11. Total Lease Obligation (Items 3(a) + 6 + 10) 12. Initial Value of the Vehicle 13. Difference: (Item 11 less Item 12) 14. Annu8rMileageI-Allowanc~ ' 5 ,000 Miles. 15. 'Excess Mileage Cha~rge per Mile:'-~ ~ 16... Prema~re T er~~~~t~n~FactQ( 1;7. ~~nthly Late" Charge . .t $ N/A $ 4800.00 $ N/A $ N/A $ N/A 9F. 1/ $ N A $ N/A FORM CFD-273-PL-1 NORICK OKLAHOMA CITY 18. Lease Term. This Lease will begin when the vehicle is delivered to Me and will continue for the number of months shown in item 5. 19. Delivery of Vehicle. I will take delivery of the vehicle at the location sho~m in Item 2. 20. Agreement of leising. I acknowledge that this is an agreement of Lease and not of sale and that neither I nor any person asserting-a claim based upon My rights will have rights other than My rights in this agreement. 21. No Option to Buy. I acknowleclge that I will not become the owner of the vehicr~ by fufilling all of my obligations under this agreement and that I have no right to buy the vehicle from you. 22. Lease Payments. I will pay to you in advance the Total Monthly Payment in the amount shown in Item 4. Payments are due on the 1 st day of each month. f will pay the full amount of the Total Monthly Payment without any deductkltl, even if the You owe Me money. If the delivery date is other than the 1 st of the month. I will pay a Partial Lease Payment based on the actual number of days remaining in the month. 23. Late Payments. When any payment is not paid by the 10th day of the month for which it is due. I will pay the amount shown in Item 17 as the Monthly late Charge in addition to the regular monthly payment. By specifying or accepting late payments or charges, You do not give up or change any of Your rights une::r this Agreement. 24. Insurance. You and I will arrange insurance coverage for the vehicle as in~:cat2d in Item 9, and maintain that insurance coverage for the duration of the Lease. All insurance policies will be endorsed to protect. as their interests may appear. You. Me. and any other person having an interest in the vehicle. Both You and I and anyone under our control, must comply with all the terms and condit!ons of the insurance policy, including the immediate reporting of all accidents it) both you and the Insurance Company. LIABILITY INSURANCE COVEFf/\GE feR BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT INCLUDED UNLESS ITEM 9 SHOWS THAT PUBLIC LIABILITY INSURA.NCE IS TO BE PROVIDED BY EITHER YOU OR ME. 25. Insurance Provided By You. You are not an insurance agent or broker. 8:Jt. if I request that insurance premium costs be included in the Total Monthly Payments or if I do not keep adequate insurance in force, then You may submit an application for insurance in my name. I agree to pay the premium for any such insurance to You as additional rent. These payments are subject to !i1crease if the cost of tile insurance rises. When these charges increase. I may provide insurance coverage if I wish. If You believe that the vehicle is exposed to extremely high risks or ;f the insurer cancels its policies covering the \'2h~c:2. then You may require that I obtain insurance coverage for the vehicle. !f I am required to obtain such insurance, then the Total Monthly Payments VJill b:; appropriately adjusted to reflect this. 26. Insurance Provided By Me. You will be named as an additional insured end loss payee on all insurance policies. Before the vehicle is delivered to me, I will provide proof of insurance to You. The insurance policy will be endorsed to provide that the insurer will notify you if the insurance is modified or canc;eijed. The insurance obtained and the insurer must be acceptable to '( ou. 27. Taxes, Licensing and Registration. I will pay all taxes, government assessments, fees and charges associated with the vehicle other than those indicated in Item 8 to be paid by You. 28. Additional Rent. I will pay as additional rent a mileage charge in the amount shown in item 15 for mileage in excess of the Annual Mileage Allowance show"n in Item 14 and for the cost of repairing any unreasonable wear and use of the vehicle as described in Item 29. 29. Standards for Wear and Use. Minor bumper scratches, dents, stone chips. body scratches and paint chips on side that do not indicate contact with a foreign object are considered normal wear for the exterior. Alterations (such as hole drilling. etc.) due to the installation by Me of trailer hitches, signs, accessories. etc., body hits or severe scratches, which require sheet metal work ar.d or repainting to make the vehicle acceptable, damaged windshield or other glass, bumper damage of collision severity. improper body repair work and Of poorly matching paint, severe collision damage. are all not acceptable and not considered normal wear. Carpet and trim wear proportionate to the mileage, minor scratches and stains are normal wear for interior. Damage caused by installation of accessories. severely scratched or damaged mouldings or instrument panel. permanently stained or damaged trim and carpets are not acceptable and not considered normal wear. At lease termination and vehicfe turn in time. the vehicle must have all original equipment including five original equipment tires. The vehicle must be in satisfactory operating condition, including engine. drive train. brakes and steering. All replacement parts or equipment must be genuine manufacturer's parts or equipment for the above make vehicle. TIle vehicle must be protected with glycol-type antifreeze with rust inhibitor to at least minus 20 degrees Fahrenheit at time of turn in. Tires should have at least 1/8" of measurable original tread remaining and must be identical with original equipment. Off-brand or 2nd line tires are not acceptable replacements. Tire wear must be proportionate to the mileage. Failure to maintain proper W;~02! alignment or severe wear not proportionate to mileage is not considered normal wear. You and I or our agents. shall inspect the returned vehicle and provide a jointly signed report on the condition of the vehicfe. 30. Use of the Vehicle. I will use the vehicle only in the Continental United Sh;'ps and Canada. I promise that I will permit only safe, careful, licensed driv;;i:; to operate the vehicle. I also promise that the vehicle will not be used for f,;r2 be used illegally. 31. Maintenance. The Person indicated below is responsible for providing tires and for performing all maintenance services required or recommended in the Vehicle Oper?~or's Manual and otherwise keeping the vehicle in good operating condition: Provided .by You o o PnMded by Me K:l KJ Maintenance Tires: Maximum No. I will keep the vehicle in good condition and operating order, proilCr1j serviced and repaired using the maintenance program required by the manufacturer to make sure that the warranty remains valid. I will pay the costs for aU gasoline" oil, antifreeze, washing. polishing, towi~ and storage necessary to mai!lta!n the vehicle in good condition. ' 32. Warranties. THE MANUFACTURER'S LIMITED WARRANTY APPLIES TO THIS VEHICLE. YOU GIVE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTlCUlAR PURPOSE. NOR ANY OTHER WARRANTY EXPRESS OR IMPLIED. 33. Return of Vehicle. At the end of the lease term, or upon earlier termination.. I will return the vehicle to the location shown in Item 2. 34. Actual Value of Vehide. Within seven (7) days of the return of the vehicle.. You will obtain the highest available cash wholesale offer for the vehicle and notify Me of any gain or loss to be realized on the sale. If I feel that the cash offers received by You are too low, I may obtain, at My own expense, from an independent third party agreeable to both You and Me a professioinal appro.isa~ of the cash wholesale value of the vehicle which could be realized at sale. I will notify You within five (5) days if I wish to obtain a professional appraisal as explained in Item 37. III do not notify You within five (5) days, You may accept the offer and I must pay any loss or will receive any gain as stated in Item 36 or 37. The actual value of the vehide shall be the amount of the cash wholesale offer unless a professional appraisal is obtained in which case the appraised value shall be the actual value and shall be final and binding. 35. Premature Termination. I may terminate this lease at any time after six (6) months from the date the vehicle was delivered to Me by(a) giving you thirty (30) days written notice. (b) returning the vehicle. and (e) paying the amount of any loss computed according to Item 36. 36. Premature Termination liability: (a) The Premature Termination Value of the Vehicle is the estimated Wholesale value of the vehicle at the end of the lease term, Item 10, plus the unpaid portion of any annual license fees and taxes paid by You on My behalf, plus the product of the Premature Termination Factor. hem 16. times the number of unexpired months to the end of the lease Tenn. (b) If the. actuaf value of the veh;c!~ at !.he t;mc that the !C0~~ !$ pf~l'~t'L~~' terminaled is greater than the Prem,lture Ytm1l,aalion Vahle, , '~"jm have 00 {ucliiki:J liability under this Lease. except for other charges already incurred, and I am entitled to a credit or refund of any surplus. If the actual value of the vehicle is less than the Premature Tenn2nation Value. I will be liable to You for any difference in value. 37. End of Term liability (a) The Estimated Wholesale value of the vehicle stated in item 10 is based 00 a reasonable, good faith estimate of the va'ue of the vehicle at the end of the lease term. If the actual value of the vehicle at the time isgreatel' than the Estimated Wholesale Value. I will have no further liability under this lease. except for other charges already inaJrred. and I will be entitled to a credit or refund of the surplus. If the actual value of the vehide is less than the Estimated Wholesale Value" I will be ~iable for any difference up to three (3) times the Basic Monthly lease Payment except in the following states which have enacted the Uniform Commercial Credit Code including but not limited to : Indiana. Utah.. Idaho" Colorado, Wyoming, Iowa. Kansas. Maine and Oklahoma where I will be liable for any difference up to twice the Basic Monthly Lease Payment For any difference in excess of that amount.. I will be liable only if: (1) Excessive use or damage.. as described in Item 29 resulted in an unusual~ low value at the end of the term. or (2) I voluntarily agree with You after the end of the Lease Term to make a h~her payment, or (3) The matter is not otherwise resolved and You win a lawsuit against Me seeking a higher payment Should You bring a lawsuii against Me, You must prove ihat Your oo~~rk1J estimate of the value of the leased property at the end of the Lease Term ..as reasonable and was made in good faith. For example, You might prove that tbe actual value was less than the original estimated value. although the original estimate was ieasooCibie. because of an unanticipated decline in value for that type of vehicle. Unless You prove that the excess amount owed was the resutl of excessive use or unreasonable wear and tear. You will pay My reasooabfte attorney's fees. (b) If I disagree with the value You assign to the vehicle, I may obtain arMy own expense, from an independent third party agreeabfe to both of Us, a professional appraisal of the wholesale value of the leased vehicle which could be realized at sale. The appraised value shall then be used as the actt!al value. 38. Theft or Destruction of Vehicle. If the vehicle is lost, stolen, damaqed or destf{~yed .such that it cannot be economically repaired in Your judgement, the lease will end thirty (30) days after notice to You of the loss, the tf;eft, or damage. I will pay to You the Premature Termination Value of the vehiclc, Item 36, less any insurance proceeds payable to You. 39. Default (a) The time at which events occur is very impor1ant to litis agreement; so, if I default on this lease, You may demand the payment of all morey due or to hecmr.c due under this leaSt, and may rdn(..e the ,,'e:;:c!c s'.'sn if Ycu must ssnd someone onto My pro((erty to retake the vehiCle. In addition, i agree that ONE HUNDRED DOLLARS (~1 uO) would be a reasonable amount to pay in damages for Y~ur inconvenience; I wil( also pay You for any specific damages or expense You Incurred as a result of My default including reasonable attorrey's fees. (b) I will have defaulted on this lease if I: (1) do not pay any payment when due, or (2) do not do any of the things required of Me in this Lease, or (3) do not provide and maintain the insurance required by this Lease. or (4) misuse the vehicle, or (5) cause the vehicle to be taken by state or federal emp'oyees, cr (6) file in bankruptcy or someone else files in bankn'n1cy against (7) terminate the Lease before six (6) months after Tie '..-ehicle is to Me or, (8) make You believe that I am going to hide tI:2 \'chicle, or ~:c!l ::, (:'1 to another state in order avoid paying '(au, or (9) die. 40. Indemnity. I will protect You from, Clnd repay You for, any loss C'i G~~n~(;g~ 3S a result of (a) payment of any fine, penalty, liability, c:laim, in;ury I cC:'~( G( f?.'T ens:? resulting from the violation of any law, ordin2QCe, rt;~t" ()~ 1';- f({;':l (b) any damage, loss, theft at destruction of the vehicle; or U',~) u ~c I condition or operation of the vehicle during the L~:a:::p. T crill. 41. Damages. You are not responsible to Me. or anyo:12 e~';~;, fer ::lilY loss cf or other damage caused by the interruption of the nl2intenance cr ~(,~, :r~c furnished by You, or for the time lost in repairing, rep!acing or c>l;'/::rir.J '.;-<::' vehicle nor for any loss or damage of any kind. 42. Security Deposit. I will'pay You a security deposit in the amo'.mt sh~r,vn ;r: ;!CTl 3, if any, as security for My performance of the terms of this Ag~eer~er.t. If::t any time I am in default or breach of this ~grec;ment or there are otl::;n';;~:: amounts due under this Agreement, You sh?.li have the righi ',', ithou! t.] apply all or part of the security deposit in of ';'OU! d;1f:I(:~:,~3. if security depl'sit is n~t 2:pp!:cd t:)\':~rd Y !Jt]~ : ~ within a reasonable time after !ease tee mine h.. ;~. 43.. Amendment. This lease is the entire 2GreerT,e": bettI/sell v au 2;iJ "") T;-;, agreement can only be changed by a v7riHe:-1 agreement sign~d lei L'::;(i You and Me. 44. Succession. This lease shall be binding upon My he;:-s, e~~8CL':()iS, and their legal representative, successors and assigns. 45. Waiver. If you do not assert any rights under this 3.grecr::ent Of elf r!(}J~, default, that does not change the agreement and Ycu may 2ssert th::~ r;~:ht !a'~.- or choose not to overlook a default at another time. 46. Assignment. You have given Me rights in this 29re0m~:i't tut I c(\r;r'~~ . sell those rights to anyone else. 47. Severability. If any term or condition of this lease is fC.L~'ij to b.:; law, only such term or condition will be invalid and the other terms and (;cr,d;t:cns of this lease will not be invalidated. NOTICE: Any holder of this consumer credit contract is sub18c~ t.c ?n and defenses which the debtor could ass'~rt agains! u~;; ~?: L .::~ of goods or services obtained p~rsuan! hereto or proceeds hereof. Recovery hereunder by the r :;btor sh:;~ 11 :Y:,l exceed amounts paid by the debtor here71nder. NOTICE TO ME: 1. I will not sign this Agreclnent untH ! ha -,,';-;; c':dnp!etr~j' fully understand it and it does nol cont:~;n ~ny b'a;~k ~rt3r"'~. 2. i (tcknuwiedge that i have received a comr;etsd, fiHe(~.:~~ Ci':~:/ of this lease. LEASING ~ ~~ee ("~~:.~ OJE -Z.TY.Al'~~EY Eug~e R. L-. - n,Sr.,Mayor Monroe Cty. Date Verified by ----------------------..----------------- by. My Insurer is Telephone Time VEHICLE DELIVERY I have today examined the yeh~de described in the above lease and find it ID be in good operating condition, therefore, 1 bave today accordance with the terms and mnditions of the above lease. Delivery Date Odometer Reading Form CFD-273-PL-2 NORtC~ Oll<lU\HOMA CHY Lessee ("i". "r,'1e" or "My")