Resolution 267-1988
Monroe County Commission
RESOLUTION NO. 267 -1988
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR/CHAIRMAN OF THE BOARD
TO EXECUTE A LEASE WITH BOB CHANGO, INC. FOR
AN AUTOMOBILE FOR THE COUNTY ATTORNEY.
WHEREAS, the County has contracted with Randy Ludacer to
serve as County Attorney, and
WHEREAS, the contract requires that an automobile be
furnished to the said County Attorney, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
1. The Board hereby approves the entering into of a Lease
with Bob Chango, Inc. for the furnishing of an automobile for the
County Attorney pursuant to the contract entered into between the
Board and Randy Ludacer, County Attorney.
2. The Mayor/Chairman of the Board is hereby authorized to
execute the Lease with Bob Chango, Inc. for an automobile for the
County Attorney.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 5th day of July, A.D. 1988.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By g~;~.t
ay r a~rman
(Seal)
Attest: DANNX L. KOLHAGE, Clerk
--/2L;'~r./ff),(!
, N'Q LB~
. y ~___ ,... " m.__
r,^~:.,
Le~~e Agreeme-a ind
Disclosure Statement
Consumer Lease - Plain Language
INDIVIDUAL OPEN E~JD
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 "Mr")
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 Slate --.f1..._ Zip Code __.JJQ~Q_
(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.
Year:
1988
Make: CHEVROLET Model: CAPRICE
2. Description of leased Vehicle
Accessories & Special Equipment
D CID Cyl. Engine
IX Automatic Transmission
aJ Radio
[X Air Conditioning
Gt Tinted Glass. All
D Tinted Windshield
a Power Steering
!XI Power Brakes
!XI Power Windows
!XI Power Seat
I
BR. Body Style: 4 DR.
D Sure Grip Diff,
~ Undercoating
~ Wheel Covers
(]I Vinyl Roof/Roof Rack
(]I Auto Speed Control
Serial No,: 1G1BU51HOJA1385~
D Outside Mirror - Remote
D Tires _...~_~_
D
D
D
Vehicle to be Delivered at and Returned to: Address 3500 N. ROOSEVELT BLVD.
City KEY WEST
State YL
3. (a) Initial Charges:
(1) Capitalized Cost Reduction
(2) Trade-In Allowance
(3) Taxes on Capitalized Cost
Reduclion/T rade-In
Total
(b) Other Charges Due at Inception:
(1) Partial Monthly Lease Payment
(for the period
10 )
(2) Firsl 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
(indudi"l 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 Ihrough 5)
Total Monthly Payment
5, Term of lease: 48 Months.
The first monthly payment is payable before or at time of
delivery 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:
D Disposition $
D Maintenance $
D $
Tolal
8. Fees and Taxes. Total estimated cost during the Lease
Term for official fees, registration, certificate of tille,
license fees and taxes, Licenses and taxes will be paid
as indicated.
Provided by
You
D
D
D
D
D
State License
Sales Tax
State Excise Tax
Personal Property
" An other Taxes
$
$
N/A
N/A
$
N/A
N/A
$ 395.2')
$ --1i/A
$ 68.85
$ N/A
$ --.NLA--
$
$ 395.25
$ N/A
$~
$~-
$ -wTi.-
$ N A
NyA
N A
N/A
Provided by
Me
Ql
~
KJ
!Xl
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
D
D
D
G
o 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
limiled, See item 37)
11. Total Lease Obligation (Items 3(a) + 6 + 10)
12. Initial Value of the Vehicle
13. Difference: (Item 11 less Item l~ 000
14. AnnuilI'Mileage.A1lowance: · , Miles.
15. 'Excess Mileage Chirge P4lr Mile:~'
'16. Premalure T erQ1inatjonlactar
17. Monthly Late ctiarge" ,
FORM CFD-273-PL-1 NO RICK OKLAHOMA CITY
$ -.-!Y~
$ ~64.10
464.10
$
$ N/A
$ 395.25
$ 18972.00
$
N/A
$
275.40
$
N/A
$
$
$
$
4800.00
N/A
N/A
N/A
$~
$ ::m::
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 shewn in
Item 2,
20. Agl'ftllllllt of ulli"" I acknowledge that this is an agreement of lease ?nd
not of sale and that neither I nor any person asserting'a claim based lipon My
rights will have rights other than My rights in this agreement.
21. No OptiOll to Buy. I acknowleoge that I will not become the owner of the vehld!?
by Milling 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 Tolal Monthly Payment in the
amount shown in Item 4, Payments are due on the 1 st day of each mar.th, I
will pay the full amount of the Total Monthly Payment without any de,duct:nn,
even if the You owe Me money, If the delivery date is other than the1st of \;'Ie
month, I will pay a Partial Lease Payment based on the actual number of d3YS
remaining in the month.
23. late Payments, When any payment is not paid by the 10th day of the fO',Jnth
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 un,:!2r
this Agreement.
24. Insurance. You and I will arrange insurance coverage for the vehicle as in~;c3!ed
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 Ycu 2nd
I and anyone under our control, must comply with all the terms and cond:t'.Jns
of the insurance policy, including the immediate reporting of all 2cciue;~';; iil
both you and the Insurance Company. LIABILITY INSURANCE COVERAGE FOn
BODILY INJURY AND PROPERTY DAMAGE CAUSED TO OTHERS IS NOT
INCLUDED UNLESS ITEM 9 SHOWS THAT PUBLIC LIABILITY INSURANCE IS
TO BE PROVIDED BY EITHER YOU OR ME,
25. Insurance Provided By You, You are not an insurance agent or bf(l~er. 8~t,
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 increE'.se
if the cost of tile insurance rises, When these charges increase, I may prcvid(!
insurance coverage if I wish, If You believe that the vehicle is exposed to
extremely high risks or if the insurer cancels its policies covering lI~e \,o:;:cic,
Ihen You may require that I obtain insurance coverage for the vehIcle, if I am
required to obtain such insurance, then the Total Monthly Payments \',i!i t"
appropriately adjusted to reflect this.
26. Insurance Provided By Me. You will be named as an additional in,md 2nd
loss payee on all insurance policies, Before the vehicle is delivered to IT:~, I wi!!
provide proof of insurance to You, The insurance policy will be endar~,"~j t.)
provide that the insurer will notify you if the insurance is modified or can:~i:ed,
The insurance obtained and the insurer must be acceptable to You,
27. Taxes, Ucensing and Registration, I will pay all taxes, government ass~ssments,
fees and charges associated with the vehicle other than those indicated in !~em
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 shown
in Item 14 and for the cost of repairing any unreasonable wear and use 01 Ihe
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 01 trailer hitches, signs, accessories,
etc., body hits or severe scratches, which require sheet metal work 2r.O or
repainting to make the vehicle acceptable, damaged windshield or ot1er glass,
bumper damage of collision severity, improper body repair work and or poorly
matching paint, severe collision damage are all not acceptable and not
considered normal wear. Carpet and trim wear proportionate to the mil(!age,
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 vehicle
turn in time, the vehicle must have all original equipment including five original
equipment tires, The vehicle must be in satisfactory operating condition, inclcding
engine, drive train, brakes and steering, All replacement parts or equipment must
be genuine manufacturer's parts or equipment for Ihe above make vehicle, The
vehicle must be protected with glycol-type antifreeze with rust inhibHor to at
least minus 20 degrees Fahrenheit at lime 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 proportionale to the mileage, Failure to maintain proper vo'::,,:;1
alignment or severe wear not proportionate to mileage is not considered norm11
wear, You and I or our agents, shall inspect the returned vehicle and pro'."de
a jointly signed report on the condition of the vehicle,
30. Use of the Vehicle, I will use the vehicle only in the Continental Unite1 2h'ps
and Canada, I promise that I will permit only safe, careful, licensed liri. ,', ,0
operate the vehicle, I also promise that the vehicle will not I:;e used for ~;'2 ,"'-
be used illegally,
31, Maintenance. The Person indicated below is responsible for providing tires and
lor performing all maintenance services required or recommended in the Vehicle
Operator's Manual and otherwise keeping the vehicle in good operalillQ
condition:
Provided ,by
You
o
o
Provided by
Me
K..I
KJ
Maintenance
Tires: Maximum No.
I will keep the vehicle in good condition and operating order. projJ.;rlf servi..--ed
and repaired using the maintenance program required by the manufacturer to
make sure that the warranty remains valid. I will pay the costs for al! gasoline.
oil, antifreeze, washing, poIisIIing, towing and storage nece:;sary to mai~l2m
the vehicle in good condition. '
32. Warranties. THE MANUFACTURER'S LIMITED WARRANTY APPLIES TO THIS
VEHICLE, YOU GIVE NO IMPUED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR 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. Wdhin seven (7) days of the return of the vehicle,
You will obtain the highest available cash wholesale offer for the vehicle and
notify Me 01 any gain or loss to be realized on the sale. If I feel that the cash
oHers received by You are too low, I may obtain, at My own expense, from an
independent third party agreeable 10 both You and Me a professiolnal appriiiS3!
of the cash wholesale value of the vehicle which could be realized at sale. I
will notify You within live (5) days if I wish to obtain a professional appraisal
as explained in Item 37, n I 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 vehicle 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 lrom the date the vehicle was delivered to Me by(a) giving you thirty
(30) days written notice, (b) returning the vehicle, and (c) paying the amoont
01 any loss computed according to Item 36.
36. Premalure Termination UaIlifity:
(a) The Premature Termination Value of the Vehicle is the estimated Wholesale
value 01 the vehicle al the end of the lease lerm, Item 10, plus the unpaid portion
01 any annual license fees and taxes paid by You on My behalf. plus the product
01 the Premature Termination Fac1or, Item 16. times the number of unexpired
months to the end of the Laue T enn.
(b) " the_adWII value of lfIe ~ at the time th'll the !C:l~:! j<; l!!!.'!!"'l!1.~!y
terminated is greaier than the Prem.lture ';',!n1linatim. Vai",-, I w::: hii">: ~ [":-,,r;'1
liability under this Lease, except for other charges already incmred, and I am
entitled to a credit or refund of any surplus, If the actual value of the vehicle
is less than the Premature Termination 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 on
a reasonable, good faith estimale of the value of the vehicle at the end of the
lease term, " the actual yalue of the vehicle at the time is greater than the
Estimated Wholesale Value, I will have no further liability under this lease, except
for other charges already incurred, and I will be entitled to a credit or refund
of the surplus,
If the actual value of the vehicle is less than the Estimated Wholesale Value.
I will be liable for any difference up to lhlee(3) times the Basic Monthly lease
Payment except in the following stales 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 thaI amount. I wiI be liable only if:
(1) Excessive use or damage, as described in Item 29 resulted in an unusua!:Y
low value at the end 01 the term, or
(2) I voluntarily agree with You after the end of the lease Term to make a higher
payment, or
(3) The matter is not otherwise resolved and You win a lawsuit against Me
seeking a higher payment
Should You bring a lawsuit against Me, You must prove lilat Your origiroill
estimate of the value of the leased property at the end of the Lease Term was
reasonable and was made in good flIiIIl. For example. You might prove that the
actual value was less than lfte original estimated value. although the origin,lI
estimate WiiS reasolliible, because of an unanhcipaled decline in value for that
type of vehicle. Unless You prove thaI the excess amount owed was the resu!l
of excessive use or unreasonable wear and tear, You will pay My reasonable
attorney's fees.
(b) If I disagree with the value You assign to the vehicle, I may obtcin an.'~1
own expense. from an independent third party agreeable 10 both of Us, a
professional appraisal of the wholesale value of the leased vehid" which cOIJ!d
be realized at sale, The appraised vallie shallthcn bi' used as II ie actl!11 vJlue,
38. Tbeft or Destruction of Vehicle, " the vehicle is lost, stolcn, Ur1fl'JDPd m
destroyed such thai it cannot be economically repairec; in Your jud:F'!iH;f1t, the
lease will end thirty (30) days after notice to You of Ihe loss, tie 1::li, or
damage, I will pay to You the Premature Terrninat:on Value of tile ve~;cI0, Item
36, less any insurance proceeds payable to Yau
39. Defaull
(a) The lime al which events occur is very important to tliis agle2'nc;;:, so, if
I delault on this lease. You may demand the payment 01 all morey due or to
hecorr.c due tinder this leas€. and may rda~.e t~12 ~e:licl~ ~'.'~i1 it You must SE:tld
someone (jntu My plOll.erty to retake Ihe ve~icie, in addiliGn, I agree 1"11 C~iE
HUNDRED DOLLARS (:t>1UOl would be a reasonable amount to pay ir diJiT'~ges
for Your inconvenience; I wll( also pay You lor any specific dJITl3l!"s or eXf",nS2
You incurred as a result 01 My default includir:g r€?sanable attc',,,!,,s fces,
(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 ',~e in rlis Lease, or
(3) do not provide and maintain the insuf?nce rec;uired by this lea,'c, '"
(4) misuse the vehicle, or
(5) cause the vehicle to be laken by state or lederal employees, cr
(6) file in bankruptcy cr someone else files in bank"'~tcy agilirst me, cr
(7) terminate the Lease before six (6) monlhs aller ii,S vehicle is ~.,!;""p:d
to Me or,
(8) make You believe that I am going to hide It::, ,ehicle, nr ~f!' :1, ':r I"" :
to another state in order avcid paying You. or
(9) die,
4!1.lndemnity, I will protect You from, ;;nd repay You for, any loss cr 0;;::-':'0'_' as
a result of (a) payment of any fine, penalty, liability, rjaim, injury, cosl;;' :',T 2rlS,'
resulting from the violation of any law, ordin"!1~e, ru'e, Of re{l"lc'iu,,; ," (((";1
(b) any damage, loss, theft or destruction of the vehicle; Of frcn(c) n.,' L'c,
condition or operation of the vehicle during the l..'",,~ Term,
41. Damages, You are not responsible to Me, or ai1yw1e el'3c, fer 3ny Ir.ss cf i" ,';'r
or ot~ef damage caused by the interruption of the m2intonanrie cr C'-", .~c
furnished by You, or for the time lost in repairing, rep!2cing or c:>:';jnJ \['2
vehicle nor for any loss or damage of any f;tnd,
42. Sei:urity Deposit. I will pay You a security depcoit in the anw1Ilt s"J'Nr~ rr~ .tCel
3, if any. as security for My perlormance 01 the terms of this Agrl;Cr.:cr'l. If 21
any time I am in default or breach of this Jlgru.rnent cr there are eiLrv;r'e
amounts due under this Agreement, You Sh2,II na'/e the 'ighl ,', ;thou! "J!'~e, \0
aopl\{, all or part 01 the security de~osit in pilyment of You~ dar,,;',;,'s, if Pee
~ccunty depl:'~!l IS not appl1ed !JWdfO 'your GJF' < .,:}, :t s:'~nl.'.:' r;' 2:1 ~. ,~~~
within a reasonable ~imc after !ease ktmiij~h.:'
43~Amendment. This lease is the entire (l.GrCUT~::--~ LC!".'~cn You:: .'., T;-::.:
agreement can only be char,ged by a VILli"" r,rj"'-'fn2:,t 'iTicoi Li :~", You
and Me,
44. Succession, This lease shall be binding upon My he;'s, e~~cL:ors, "":"":'-''',
and their legal representative, successors ant: ass'gr,s
45. Waiver. If you do not assert any rights under th's "g'ee'T'~nt Of r'f!:;~' ;.':
default, that does not change Ihe agre~ment and YC'J rray 2s:;ert the,' f'r''-'! lare;'
or choose not to overlook a default at another Lne,
46. Assignment. You have given Me rights in this .l~rC!,'1'["t liut I ;,H~"~' r',',", c'
sell those rights to anyone else,
47. Severability, If any term or condition of this !eo,p is fmild to b,c ,-"!,':, , "1
law, only such term or condilioll will be invalid and the o\hcr terms a'1'l err,dilie'ls
of this lease will not be invalidated,
NOTICE:
Any holder of this consumer credit contrllct is subject If] :on ,;r, ';:,?
and defenses which the debtor could ass~rt again~! U,r) ~'cl;::r
of goods or services obtained pursuant hereto or.,;', ,L:.
proceeds hereof. Recovery hereunder by t:H~ [lcbtor S!!2:! ne!
exceed amounts paid by the debtor her<:':mder.
NOTICE TO ME:
1..1 wilt not sign this Agreement until I It;:".';:; c;:nnpl~trl~. ~.. .....
fully understand it and it does not cont,,'f1 <:ny bla,lk sf''lr'',;,
2. I acknowledge that I have received a completed, fi1!ed,fn en;:j'
of this lease.
AUTO LEASING
INC..., lessee ("I".?,>" 01 "My") ~OUN1'.Y _OF MONROE COUNTY ATTORNEY
by c:-.-Y'.1:~~ ~. ,~
Eug~e R.'rJiOn,Sr.,Mayor Monroe Cty.
by _____'_____.._____._,____ _________
by
My Insurer is
Telephone
Tme
Date Verified
VEHICLE DELIVERY
I have today examined the vehicle described in the above lease and find it III be ~n good operating condition, therefore, I bave today ,
accordance with the terms and conditions of the above lease.
Delivery Date Odometer Reading ________ Lessee ("I", "M~" or "My")
Form CFD-271.PI,-2 ,.<,., ,.~ ('~', ",.;', ',I,A c.'