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Home My WebLink About1999-075D OP COMMERCIALj Equipment lease Agreement -EQUIPMENT A LEAS/NG �%�� e��54greement # LESSOR: Commercial Equipment Leasing, Inc. LESSEE: Indian River 1Co�unty 1840 25th Street P.O. Box 1529 'Me l Aaamss Orlando, FL 32802 ro 'Beach FL 32960 Indian River (Ghl IJtarel IZ.e Ceael ICoun Y) n i Fnuinment Model 81 DescriWon ri I tl)@ 3 XCP 5508 Coin—1 0 See attached schedule for additional Equipment TRANSACTION TERMS: 0 ADVANCE RENT $ .00 _. RENT $ 98.92 (plus applicable taxes) LEASE TERM (Plus applicable taxes) 0 SECURITY DEPOSIT $ PAYABLE: (check one) ® Monthly 0 Other(—) PURCHASE OPTION AT END OF LEASE TERM: (check one) ® $1.00 or 0 Other L— LEASE RATE FACTOR. Equipment Location (if different from Lessee address above). 1600 21st Street Vero Beach, Florida 32960 Lessee Contact/Telephone _ Mary Iran Galvin/ We have written this Lease in plain language because we want you to understand its terms. Please read your copy of this Lease carefully and feel free to ask us any questions you may have. The words "'you" and "your' mean the Lessee named above. The wards "we", "us", and "our" refer to the Lessor named above. IMPORTANT: READ BEFORE SIGNING. THETERMS OFTHIS LEASE (INCLUDING THOSE ON THE REVERSE SIDE) SHOULD BE READ CAREFULLY BECAUSE ONLY THOSETERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN LEASE MAY NOT BE LEGALLY ENFORCED. YOU MAY CHANGE THE TERMS OFTHIS LEASE ONLY BY ANOTHER WRITTEN AGREEMENT BETWEEN YOU AND US. YOU AGREETO COMPLYWITHTHETERMSANDCONDITIONS OFTHIS LEASE. THIS LEASE IS NOT CANCELABLE, YOU AGREE THAT THE EQUIPMENT WILL RE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES. YOU CERTIFY THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND YOUR APPLICATION WAS CORRECT AND COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE IS NOT BINDING UPON US OR EFFECTIVE UNTIL AND UNLESS WE EXECUTE THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE WHERE THE LESSOR HAS ACCEPTED AND EXECUTED THE LEASE YOU AGREE TO THE JURISDICTION AND VENUE OF FEDERAL AND STATE COURTS LOCATED WHERE THE LEASE IS ACCEPTED AND EXECUTED BY LESSOR. ncCFPTED By LESSOR COMMERCIAL EQUIPMENT LEASING, INC. BY _ OTLE PROPOSED BY. LESSEE Indian River County ,. _ BY: X �� 1Pmnetl Name 11.d 1.111e1 DATE DATE '? 3 f y� FED TAX IDr UNCONDITIONAL GUARANTY Inconsideration of lessor enlenng n o me ahCve lease in reliance on this guaranty. the u^der Lgned. togemet and separately, uncondironally and Inevocably guarantee to Lesson. its successors and assigns. the poemn payment and perfurmarce of all obl,gaumns under the Lease We agree that(a)this is a guaranty of payment and not of collection. and that Lessor can proceeddnedly against us without disposing of any security or seekunt to WPM from Lessee, lbl we waive all dofenses and notices. Including those of protest, presentment and demand. Lot lessor may renew. extend or otherwise change the ten- of the Lease without Renee to us and :su w,II be bound by such change s. and Ion we will pay all of Lessens costs of enorcementand collnor ion Ihls guaranty survives tree bankruptcy of tessee.:ed L,, F, our adm,nistn,dors. succussons and assigns nut obtlgatians under thIs guara^.ly continue even II lessee becomes Insolvent or bank Iupl m Is dlschanged from bankfmicy and we agree out to seek to be repa,d by Lessee,n Inc event r.e nmsl pay lessor THIS GUARANTY WILL BE GOVERNED BY THE SAME STATE LAW AS THE LEASE. WE AGREE TO JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS IN THE SAME STATE AND COUNTY. PERSONAL PERSONAL: Individually By _ _—_- . Individually Address __ _ Address----- 0 0 f NON -APPROPRIATION OF FUNDS ADDENDUM This Addendum will.become part of that certain Lease Agreement # dated RRR as of �ifarch 3rd 1999 ("Lease") between Commercial E ui ment Leas in ("Lessee .All ("Lessor") and Indian River County- dum which are not defined herein shall have the capitalized terns used in this Adden meanings given to such terns in the Lease. You hereby represent arid warrant to Us that as of the dale of the Lease, and throughout the Lease Term: (a) the individual who executed ilia Lease had at the time of execution of the Lease full power and authority to execute the Lease; and that all required procedures necessary to make the Lease a legal and binding obligation of lice Lessee have been followed; (b) the Equipment is essential to the immediate performance of a governmental or proprietary function by You within the scope of Your authority and shall be used during the Lease Term only by You and only to perform such function; (c) that all payments due and payable or the current fiscal year are within the current budget and are within an available, unexhausted and unencumbered appropriation. In tile event You are not granted funds in future fiscal years for the Equipment subject to the Lease or for equipment which is functionally similar to the Equipment and operating funds are not otherwise available to You to pay the Rent and other payments due under the Lease, and there is no other legal procedure or available funds by or with which payments can be made to Us, and the appropriation did not result from an act or omission by You, You shall have the right to return the Equipment in accordance with the section in the Lease titled, Location, Inspection and Return of Equipment and terminate the Lease on the last day of the fiscal period for which appropriations were received. At least thirty (30) days prior to the end of Your fiscal year, Your legal counsel shall certify in writing that (a) funds have not been appropriated for the fiscal period; (b) such non -appropriation did not result from any act or failure to act by You; and (c) You have exhausted all funds legally available for payment of Rent. If You terminate Ilia Lease because of non -appropriation of funds, You may not purchase, lease or rent, during such fiscal period, equipment performing functions similar to those performed by the Equipment for a period of twelve (12) months LESSOR: By: Pnnted Nana Tiller . LESSEE: In_( anIRiver Count fay: KENNETH R eeAnrtT Printed Name Title.-- Date:_ 3 --