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Deere Credit, Inc. I A CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: Lease of Golf Course Turf Maintenance Equipment for the Miami Beach Golf Club CONTRACT NO.: 38 -10/11 EFFECTIVE DATE(S): This Contract shall be for a period of 48- months to begin after receipt of Purchase Order, and all equipment shall be delivered. complete (October 1, 2011, through September 30, 2015). SUPERSEDES: N/A CONTRACTORS) ShowTurf, LLC ESTIMATED ANNUAL CONTRACT AMOUNT: $135,910.08 A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the City of Miami Beach, Florida, on September 14, 2011, for approval to award a contract, upon execution between the City of Miami Beach, Florida, and Contractor. B. EFFECT - This Contract is entered into for lease of golf course turf maintenance equipment for the Miami Beach Golf Club, pursuant to City .invitation to Bid No. 38- 10/11 and any addenda thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and Contractor's bid in response thereto may hereinafter collectively be referred to as the "Contract Documents "). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in , accordance with the City of Miami Beach Procurement .Division policies and procedures, at the prices indicated, exclusive of all Federal, State and local taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number 38- 10/11. D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any failure of Contractor's performance (or failure to perform) according to the requirements of the Contract Documents to Kevin Smith, City of Miami Beach, Parks and Recreation Department Director at 305 - 673 -7000 ext. 6643. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of supplies and /or commencement of any services /work by Contractor. F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by Contractor without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work and /or services required by the Contract Documents without the prior written consent of the City. 1 t Certification of Contract Contractor warrants and represents that all persons providing /performing any supplies, work, and /or services required by the Contract Documents have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently provide /perform same, or services to City's satisfaction, for the agreed compensation. Contractor shall provide /perform the supplies, work, and /or services required under the Contract Documents in a skillful and respectable manner. The quality of the Contractor's performance and all interim and final product(s) and /or work provided to or on behalf of City shall be comparable to the best local and national standards. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of Miami Beach. As a Contractor of the City, Contractor will be required to conduct itself in a professional, courteous and ethical manner, and at all times adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H. PUBLIC ENTITY CRIMES - In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider, who has been placed on the convicted vendor list following, a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City, - may not be awarded or perform work. as a contractor, supplier, subcontractor, or.. consultant. under .a contract with the City, and may not transact any business with the City in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months from the date of being .placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment. I. INDEPENDENT CONTRACTOR Contractor is an independent - contractor under this Contract. Supplies, work, and /or services, provided by Contractor pursuant to the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and /or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and /or the Contract Documents. Therefore, the parties agree that there are .no third party beneficiaries to this Contract and that no third party shall be entitled to assert a claim against either. of them based upon this Contract and /or the Contract Documents. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Contract and /or the Contract Documents. 2 Certification of Contract K. NOTICES - Whenever either party desires to give notice to the other, such notice must be in writing, sent by certified United .States Mail, postage prepaid, return receipt requested, or by hand - delivery with .a request. for a written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: For City Gus Lopez, Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: Duane Knecht, Property Management Director City of Miami Beach Property Management Department 1245 Michigan Avenue Miami Beach, Florida 331.39 For Contractor ShowTurf, LLC 1365 Neptune Drive Boynton Beach, Florida- 33426 Attn: Richard Stein, CEO Phone: 561- 732 -8905 Fax: 561 - 732 -8949 E- mail: Richard&showturf.com L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each requirement, duty, and obligation set forth in the Contract Documents is substantial and important to the formation of this Contract and, therefore, is a material term hereof. City's failure to enforce any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a. provision of this Contract shall not be deemed a, waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. M. SEVERANCE In the event a portion of this Contract and /or the Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue 'to be effective unless City or Contractor elects to terminate this Contract. An election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by the court becomes final. 3 ". Certification of Contract N. APPLICABLE LAW AND VENUE - This Contract and /or the Contract Documents shall be enforceable in Miami -Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida..B.y entering into this Contract, Contractor and City.hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and /or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract.. Documents. O. AMENDMENTS - No modification, amendment, or alteration. in the terms or conditions contained herein, or in the Contract Documents, shall be effective unless contained in a written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. P. This Contract shall not be effective until all bonds and insurance(s) required under the Contract Documents have been submitted to, and approved by, the City's Risk Manager. Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide. by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision .set forth within (i) 'this Contract; (ii) the ITB; and /or (iii) Contractor's bid in response thereto, the more stringent provision '(as enforced by the City) shall prevail., -4 Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification of Contract to be signed and attested on this day of .5,P',,"4 2011, by their respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By. By President/ Signature ayor Print Name Date D ATTE : ATTEST: Se etary Signature City Clerk Print Name Date A Date F: \PURC \$ ALL\ SHIRLEY\contracts \ITB- 38 -10 -11 ShowTurf, LLC.doc , APPROVED AS TO FORMA LANGUAGE FOR EXECUTION it ttorne t Date 5 DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE • 09/27/2D11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),.AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require.an endorsement. A statement on this certificate does not confer rights tor the certificate holder in lieu of such endorsement(s). PRODUCER 1 -800- 326 -6203 CONTACT PESTSIIRE CERTIFICATES NAME: Arthur J..Gallagher.Risk Management Services, Inc. PHONE FAX N 1- 800 -326 -6203 A/C No 97.2- 663 -6258 W. 14241 Dallas Parkway DRESS: PESTSURECERT5@AJG.COM Suite 300 Dallas, TX 75254 INSURERS AFFORDING COVERAGE NAIC INSURER A: OLD REPUBLIC INS CO 24147 INSURED INSURER 5: ST "PAUL FIRE & 'MARINE INS. CO 24767 .APEX PEST CONTROL, INC. INSURER C: 1180 US HIGHWAY , 1, SUITE 105 INSURER D: ROCItLEDGE, 'FL 32955 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: 23227 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR.OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED, HEREIN IS SUBJECT TO ALL THE TERMS, 1 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILA TYPE OF INSURANCE I N DL SVNDR POLICY NUMBER P OL ICY YYYY POLIC IIIYYYY LIMITS A GENERALLIABILnY X MWZY 59320. 10/01/1 10/01/22 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 100 CLAIMS -MADE Ei-I OCCUR MED EXP (Any one person) $ 5,000 PERSONAL& ADV INJURY $ 2,000,000 II! GENERALAGGREGATE $ 4,000,000 Il� . F E� 'L AGGREGATELIMITAPPLIESPER: � PRODUCTS - COMP /OPAGG $ 4,000,000 POLICY ,PRO- LOC $ A AUTOMOBILE LIABICITTY X MWTB 21372 .10701T13 10/01/12 COMBINED SINGLE LIMIT Ea accident $ -2, 000, 0 0 0 X ANY AUTO BODILY INJURY (Per person) $ X ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS NON -OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Per accident $ B UMBRELLA LIAB X OCCUR QK09102655 10/01/1 10/01/12 EACH OCCURRENCE $ 1 EXCESS LIAB C LAIMS -MADE AGGREGATE $ 1, 000, 000 DED RETENTION $ $ •A WORKERS COMPENSATION MWC 117138 00 ID /O1 /1 10/01/12 X WCSTATU- OTH- AND EMPLOYERS' UASILnY TORY LIMIT-S FIR ANY PROPRIETOR/PARTNERIEXECUTIVE� N/ A E. L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEd $ 1, 000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) All Locations & Operations. Add'1 Insured coverage is provided by form! #CG 2010 (07/04).. See Attached. Certificate Holder is named as-an Additional Insured ATIMF,. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF FHE ABOVE. DESCRIBED POLICIES BE.CANCELLED City of Miami Beach THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE'POLICY PROVISIONS. Attn: Kenneth Patterson .1700 Convention ;Center Drive AUTHORIZED REPRESENTATIVE Miami Beach, :F.L 33139 ^� • USA . ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD and logo are registered marks of ACORD dyanpo ,23227826 POLICY NUMBER: MWZY .59320 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT "CHANGES THE POLICY, PLEASE READ IT CAREFULLY.. ADDITIONAL] NSURED. -- OWNERS, LESSEES OR CONTRACTORS :SCHEDULED PERSON OR 'ORGANIZATION This endorsement - modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE . Name Of Additional Insured Person(s) Or Or anization s : :Locations Of- Covered Operations City of Miami Beach Where required by written ..contract Information required to complete Schedule, if not shown above, will be shown in the "Declarations. A. Section 11 — Who -is An Insured is amended to B. With respect - to the insurance afforded to these include as an additional insured the persons) , or additional insureds, the '.following additional exclu- organization(s) shown in the Schedule, - but only sions apply: with respect to liability for "bodily injury", "property This insurance does not apply to, "bodily injury" or damage" or "personal and advertising injury" property damage occurring ng after:, Y ry caused, in whole - or in part, by: 1. All work, .including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; or repairs) to be performed by or on behalf of in the performance of your ongoing operations for •the additional. insured(s) at the location of the the additional insured(s) at the location(s) desig- covered operations has completed; or nated above.. 2. That portion of "your work". out of which the injury or - damage arises has been put to .its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a princi- pal as a part of the same project. • CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 0 LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI BEACH GOLF CLUB (TB # 38 -10 -11 Proposal Page 1 of 8 Please provide pricing as requested below for Items 1 through 22. If equal product is bid, please indicate manufacturer /model number on the bid form. First lease schedule for equipment delivery -item 1 thru 16 on October 1, 2011. COMPANY ShowTurf, LLC Item Description QTY Vendor List Vendor Total Price OEM Service Price Discounted (Vendor Disc. Parts List Percent Price Pricey Qt Discount 1, John Deere 2500E E -Cut Hybrid Riding Greens Mower Gas, 6 /ea $ 32,012.00 ea $ 22,758.52 ea $ 136,371.12 5 % Or Equal To: Mfg.: Model 2. John Deere Gator TX Turf Utility Complete - 8 /ea. $ 8,439.00 ea $ 6,631.20 ea $ 53,049.60 5 % Linex Under- Coating Rust Protection Or Equal To: Mfg.: Model 3. John Deere 1200 Hydro Rake Or .Equal 2 /ea $ 16,966.00 ea. $ 12,045.86 ea. $ 24,091.72 5 To: Mfg.: Model 4. John-Deere 220 E -Cut Hybrid Or Equal To: 4 /ea $ 11,860.00 ea $ 8,440.58 ea. $ 33,762.32 5 Mfg.: Model 7!28!2011 24 of 38 City of Miami Beach ITB- 38 -10 -11 LEAS&OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI. BEACH GOLF CLUB ITB -38 -10-11 Proposal Page 2 of 8 COMPANY ShowTurF, LLC Item Description QTY Vendor List Vendor Total Price OEM Service Price Discounted (Vendor Disc. Parts List Price Price x Q Percent Discount 5.. John Deere Aercore 800 Aerator Or Equal To: 1 /ea. $ 18,860.00 lea $ 13,956.40 /ea $ 13,956.40 5 % Mfg: Model: 6. John Deer 22B Walk Greens Mower Trailer Or Equal To: 4 /ea. $ 2,214.00 lea $ 1,505.52 lea. $ 6,022.08 5 % Mfg.: Model: 7. John Deer 997 Commercial L.C. Diesel Max -Frame Z =Trak 2 /ea $ 18,085.00 /ea. $ 13,909.61 /ea' $ 27,819.22.. 5 With 72 -Inch Side Discharge 7 -1ron Pro Deck Or Equal To: Mfg.: Model: 8. RYAN Jr: Sod.Cutter Or Equal To; Mfg.: 1 /ea. $ 4,869.00 lea. $ 4557.58 /ea. $A 557.58 5 % Model: 9, Wieldenmann Super 500 Mutli- Purpose Sweeper, Or Equal To Ilea. $ 27,375.00 ea. $ 26,006.25 /ea. $ 26,006.25 Mfg.: Model: 7128/2011 25 of 38 City of Miami Beach ITB- 38 -10 -11 LEASE'OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI BEACH GOLF CLUB ITB # 38- 10 -1.1 Proposal Page 3 of 8 COMPANY ShowTurf, LLC Item Description QTY Vendor List Vendor Total Price OEM Service Price Discounted (Vendor Disc. Parts List Percent Price Price x`Qt Disco 10. DMI Speed Rollers Or Equal. if Equal, Specify Mfg.: Tru -Turf 2 /ea $ 11,025.00 /ea. $ 10,473.75 /ea $ 20,947.50 5 Model: GR11000C 11. John Deere Set Of Greens Tender Conditioners /Drives For 2500EG Or Equal. $ 4,131.00 lea Mfg.. Model 1 /ea $ 2,747.11 /ea $ 2,747.11 5 . % 12. Buffalo -K Debris Blowers Or Equal To 1 /ea $ 6,205.50 /ea $ 6,205.50 .5 % Mfg.: $ 6,895.00 /ea Model. 13, John Deere Set Of Vertical Cutting Units For The 2500EG Or Equal To: MFG: 1 /ea. $ 6 1 225.00 lea $ 4,139.62 lea. $ 4,139.62 .5 Model: 14. AGRI -Metal Roller Set For The John Deere 2500 Or Equal To: 1 /ea. $ 3,810.00 /ea $ 3,581.82 ea. $ 3 581.82 5 % Mfg.: Model 15. Custom Spiker Set For The John Deere 2500 Or Equal To: 1 /ea. $ 3:581.82 lea. $ ;3.581.82 5 $ 3,810.00 !ea Mfg.: Model: 1.6. 5 -Gang Mowing Unit Or Equal To: Mfg.: Progressive 1 /ea. $ 18,841.00 lea $ 17,898.95 ea. $ 17,898.95 5 Model: Pro= Flex'120 7/28/2019 26 of 38 City of Miami Beach ITB- 38 -10 -11 LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI BEACH GOLF CLUB_ ITB- 38- 1011 Proposal Page 4 of 8 Second. lease schedule for equipment delivery items -17 thru 21 on April 1, 2012 COMPANY ShOWTurf, LLC Item Description QTY Vendor List 'Vendor Total Price OEM Service - Price Discounted (Vendor Disc. Parts List Percent Price Price x Qt Disc ount . T7. John Deere 8700 Precision Cut Fairway Mower QA7 Or Equal To: 2 /ea. $ 56,406.00 lea $ 40,753.34 /ea.' $ 81,506.68 Mfg.,.. Model: 18. John Deere Pro Gator 2020A With Vicon - Attachment, Or Equal To 1 /ea. $ 22,301.25 /ea. $ 22,301.25 5 - % $ 27,665.00 jea Mfg.: Model 19. John Deere HD200 Select Spray With Hose Reel Attachment, Complete With Foam Marker Kit, Or Equal 1 /ea. $ 27,682.04 /ea. $ 27,682.04 1 5 % To: $ 36,827.00 lea Mfg.: Model: 20. Dakota 410, With Top Dresser Mounted On A John Deere Pro Gator - _ 2020A Or Equal To: 1 /ea. $ 10,830.00 lea. $ 10,288.50 lea. $ 10,288.50 5 Mfg. Model: 21. John Deere 7200 Precision - Cut Trim And Surrounds Mowers, Or Equal To- 2/ea. $ 36,560.00 lea. $ 26,414.60 /ea. $ 52,829.20 5 Mfg. - Model; 7/28/2011 27 of 38 City of Miami.Beach iTB- 38 -10 -11 LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI BEACH GOLF CLUB ITB= 38 -10 -11 Proposal Page 5 of 8 COMPANY NAME: ShowTurf, LLC FIRST LEASE SCHEDULE FOR EQUIPMENT DELIVERY ON OCTOBER 1 .2011 To establish a 48- month Fair- Market - Value Master Lease for new Golf Course Turf Maintenance Equipment for use at the Miami Beach Golf Club, for line items 1 thru 16, in. accordance with these Bid Specifications. Bid shall include provisions to cover the cost for Tangible Personal Property Taxes if required by the Lessor. Monthly Lease Payment Amount Total Lease 'Payments 48 -month $ 7,521.38 /per month x 48 $ 361,026.24 Amortized Tangible Personal Property - Taxes Payme Total Tax payments $ 0 $ 0 $ $ $ 1 st year 2 ❑d Year 3rd year 4 th year Total Lease Payments including all Tangible Personal Property Taxes $ 361,026.24 Guaranteed delivery time (in calendar days) from receipt of Purchase Order 21 days. Warranty shall be for a minimum of three (3) years on ALL defective parts, to include labor, materials .and transportation necessary to maintain all turf maintenance equipment in complete operation. If other, specify: Undercoating equal to John Deere 'Linex under- coating rust protection on all Turf Utility Vehicles, or compatible with other coating technologies. If other, specify: Our Leasing Agency will be: John Deere Financial - 6400 NW 86 Street - Johnston, IA 50131 - (888)777 -2560 Name, Address, and Phone Number Minimum 900 -hour use time per unit, per year YES Lessor is establishing the Lease schedule based on an interest percentage rate equal to 4.9 percent. Lessor agrees to sell all or any maintenance equipment at the end of the Lease period for a predetermined percentage ( 17.5 %) of the residual value based on the proposed discounted price. A Draft copy of the Lessors Master Lease Agreement must be submitted along with the bid The Master Lease Agreement shall be governed in accordance to the State of Florida Laws wifh a Venue in Miami -Dade County. The City of Miami Beach will prepare a letter signed by the City's Risk Manager confirming the City of Miami Beach as self- insured and will not be purchasing insurance for the leased equipment. 7/28/2011 28 of 38 City of Miami Beach ITB- 38 -10 -11 LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI BEACH GOLF CLUB ITB- 38 -10-11 Proposal Page 6 of 8 COMPANY NAME; ShOwTurf- LLC ALTERNATE TO PROVIDE BID LESS ITEM NUMBER #16 (FIVE 5 --GANG MOWING UNIT) R EFERENCE THE FIRST LEASE SCHEDULE FOR EQUIPMENT_ DELIVERY ON OCTOBER 1, 2011 To establish a 48 -month Fair - Market -Value Master Lease for new Golf Course Turf Maintenance Equipment . for use at the Miami Beach Golf Club, for line items 1 thru 15, in accordance with these Bid Specifications. Bid shall include provisions to cover the cost for Tangible Personal Property Taxes if required by the Lessor. Monthly Lease Payment Amount Total Lease Payments 48 -month $ 7,171.72 /per month x 48 $ 344 9 242.56 - Amortized Tangible Personal Property Taxes Payments Total Tax payments O r $ 0 $ 0 $ 0 Y 1 st year $2nd Year 3 rd .year_ 4" year Total Lease Payments including all Tangible Personal Property Taxes $ 344,242.56 Guaranteed delivery time (in'calendar days) from receipt of Purchase Order 21 days. Warranty shall be for a minimum of three (3) years on ALL defective parts, to include labor, materials and transportation necessary to maintain all turf maintenance equipment in complete operation. If other, specify: Undercoating equal to John Deere Linex under - coating rust protection on all Turf Utility Vehicles, or compatible with. other coating technologies. If other, specify: Our Leasing Agency will be: John Deere Financial - 6400 NW 86 Street - Johnston, IA 50131 - ( 888) 777 -2560 Name, Address, and Phone Number - Minimum 900 -hour use time per unit, per year: YES Lessor is establishing the Lease schedule based on an interest percentage rate equal to 4.9. percent. Lessor agrees to sell all or any maintenance equipment at the end of the Lease period for a predetermined percentage ( 17.5 %) of the residual value based on the proposed discounted price. A Draft copy of the-- Lessors Master Lease Agreement must be submitted along with the bid proposal. The ,. Master Lease Agreement shall be governed in accordance to the State of Florida Laws with a Venue in Miami -Dade County. The City of Miami Beach will prepare a letter signed by the City's Risk Manager confirming the City of Miami Beach as self - insured and will not be purchasing insurance for the leased equipment. 7/28/2011 29 of 38 ITB- 38 -10 -11 City of Miami Beach LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI BEACH GOLF CLUB ITB- 38 -10 -11 Proposal Page 7 of 8 COMPANY NAME: ShowTurf, LLC THE SECOND LEASE SCHEDULE FOR EQUIPMENT DELIVERY ON APRIL '1, 201:2 To establish a 48 -month Fair - Market -Value Master Lease for new Golf Course Turf Maintenance 'Equipment for use at the Miami Beach Golf Club, for line items 17 thru -21, in accordance with these Bid Specifications. Bid shall include provisions to cover the cost for Tangible Personal Property Taxes if required by the Lessor. Monthly Lease Payment Amount Total Lease 'Payment, s 48 -month $ 3,804.46 /per month x 48 $ 182,614.08 Amortized Tangible Personal Property Taxes' Payments Total Tax payments 0 $ 0 $ . $ 1 st year ? " Year 3` 4 t " year Total Lease Payments including all Tangible Personal Property Taxes $ 182,614.08 Guaranteed delivery time (in calendar days) from receipt of Purchase Order 21 days: Warranty shall be for a minimum of three (3) years on ALL defective parts, to include labor, materials and transportation necessary to' all turf maintenance equipment in complete operation. If .specify: Undercoating equal to John Deere Linex under - coating rust protection on all Turf _Utility Vehicles, or, compatible with other coating technologies. If other, specify: Our Leasing Agency will be: John Deere financial - 6400 NW 86 Street - Johnston, IA 50131 - (888) 777 -2560 Name, Address, and Phone Number Minimum 900 -hour use time per unit, per year: YES Lessor is establishing the Lease schedule based on an interest percentage rate equal to 4:9 percent. Lessor agrees to sell all or any maintenance equipment at the end of the Lease period for a predetermined percentage ( 17.5 %) of the residual value based on the proposed discounted price. "-; A Draft copy of the Lessors Master Lease Agreement must be submitted along with the bid proposal. The Master Lease Agreement shall be governed in accordance to the State of Florida Laws with a Venue in Miami Dade. County. The City of Miami Beach will prepare a Fetter signed by the City's Risk Manager confirming the City of Miami Beach as self- insured and will not be purchasing insurance for the leased equipment. 7/28/2011 30 of 38 City of Miami Beach ITB- 38 -10 -11 LEASE OF GOLF COURSE TURF MAINTENANCE EQUIPMENT FOR THE MIAMI BEACH GOLF CLUB ITB- 38 -10 -11 Proposal Page 8 of 8 PAYMENT TERMS:. NET 30. If other, specify here ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSIDERED PART OF THE BID MUST BE SUBMITTED IN DUPLICATE. SUBMITTED BY: Richard Stein COMPANY NAME: ShowT.urf, LLC SIGNED: (I certify that I am authorized to execute this proposal and commit the bidding firm) Bidders must acknowledge receipt of addendum (if applicable). ADDENDUM No. 1: 8/12/11 ADDENDUM No. 2: Insert Date - Insert Date ADDENDUM No. 3: ADDENDUM No. 4: Insert Date Insert Date NAME /TITLE (Print): Richard Stein,CEO ADDRESS: 1365 Neptune Drive CITY /STATE: .Boynton Beach, FL ZIP: 33426 TELEPHONE NO: 561- 732 -8905 FACSIMILE NO: 561 -732 -8949 E -MAIL: Richard@ShowTurf com 31 of 38 7/28/2011 City of Miami Beach 1TB- 38 -10 -1 1 9 GEC 'JOHN DEERE Master Lease Agreement I C Agreement No. 0057502 Lessee CITY OF MIAMI BEACH 1700 CONVENTION CENTER DR, , MIAMI BEACH, FL 33139 DEERE CREDIT, INC. ,Lessor 6400 NW 86 ST, PO BOX 6600, JOHNSTON, IA 50131 -6600 This Master Lease Ag reement Master Agreement") is entered into between Deere Credit, Inc., as Lessor "we "us" or "our"Ji, and the lessee and an co- • lessee identified below ( "you" or "your "). "Schedule" shall mean any Lease Schedule signed by you and us, which incorporates the terms of this Master Agreement. "Lease" shall mean this Master Agreement and any Schedule: • . • Equipment in accordance with all (1) laws, ordinances and regulations, (2) 1:. Lease Term; Payments You agree to lease from us the property manuals and other instructions issued by the manufacturer(s) and supplier(s), ( "Equipment ") described in each Schedule for the Lease Term. The Lease and (3) insurance policy terms and requirements; (d) perform (at your own Term will begin on the Lease Term Start Date and end on the Lease Term expense) all maintenance and repairs necessary to keep the Equipment in as End Date. All attachments and accessories itemized on the Schedule and good a condition as when delivered to you, reasonable wear excepted; (e) not all replacements, parts and repairs to the Equipment shall form part of the install any accessory or device on the Equipment which. affects the value, Equipment. A Schedule is not accepted by us until we sign it, even if you useful life or the originally intended function or use of the Equipment in any have made a payment to us. You agree to remit to us the Lease Payments way, unless it can be removed without damaging the Equipment; (f) allow us indicated in the Schedule and all other amounts when due and payable' ayable and our agent(s) to inspect the Equipment and all of your records related to its each Billing Period, even if we do not send you a bill or an invoice. YOUR use, maintenance and repair, at any reasonable time; (g) keep any metering PAYMENT OBLIGATIONS ARE ABSOLUTE AND UNCONDITIONAL, device installed on the Equipment connected and in good working condition at AND ARE NOT SUBJECT TO CANCELLATION, REDUCTION OR all times; (h) affix and maintain, in a prominent place on the Equipment, any AND FOR ANY REASON WHATSOEVER. For any payment which is labels, plates or other markings we may provide to you; and (i) not permit the not received by its due date, you agree to pay a late charge equal to 4 % of Equipment to'be -used by, or to be in the possession of, anyone other than you the past due amount (not to exceed the maximum amount permitted by law) or your employees. as reasonable collection costs; plus interest from the due date until paid at 6• Insurance You agree, at your cost, to (a) keep the Equipment insured a rate of 1.5% per month; but in no event more than the maximum lawful against all risks of physical damage for no less than its Termination Value (as rate. Restrictive endorsements on checks you send us will not change. or such term is defined in Section ,8 below), naming us (and our successors and reduce your obligations to us. If a payment is returned to us by the bank -for assigns) as sole loss payee; and (b) maintain public liability insurance,,. any reason, you agree to pay us a fee of $25.00, or the maximum amount covering personal injury and property damage for not less than $1,000,000 per permitted by law, whichever is less. Lease Payments and other payments occurrence, naming .us (and our successors and assigns) as _additional may be applied, at our discretion, to any obligation you may have to us or insured. All insurance must be with companies and policies acceptable to us. any of our affiliates. If the total of all payments made during the Lease Your obligation to insure - the Equipment continues until. you return the Term: {and any Renewal Term), exceeds the total of all amounts due under Equipment to us and we accept it. Each insurance policy must provide that (A) ; the Lease by less than $25.00, we may retain such excess. - our interest in the policy will not be .invalidated by any act, omission, breach or _ 2. Security Deposit If the Schedule provides for a Security Deposit, the neglect of anyone other than us; and.(B) the insurer will give us at least 30 Security Deposit will be held by us in a non - interest. bearing account, days' prior written notice before any cancellation of, or material change to, the commingled with other funds. We may apply the Security Deposit to any policy nless you provide us with evidence of the required insurance coverages, amounts due under the Lease and, if we do so, you agree to promptly remit we- may purchase insurance, at your expense, to protect our interests in the to us the amount necessary to restore the Security Deposit to the original may This insurance Eq uipment. E ui 1 interests; or 2 amount. The Security Deposit will be returned to you within thirty days of q p Y not O p rotect y our O Y any termination of a Schedule and final inspection by us, provided you are not claim that you make or any claim that is made against you in connect with in default. the Equipment. You may later cancel any insurance purchased by us, but only 3. Taxes You agree to pay us when invoiced; all sales, use, rental, after providing us with evidence that you have obtained the insurance required gross. receipts and all other taxes which may be imposed on the Equipment by the Lease. The cost of the insurance may be more than the cost of insurance you may be able obtain your own. or its use. You agree; at our discretion, to either (a) reimburse us annually • for all taxes and governmental charges associated with the ownership, use 7. Loss or Damage _ Until the Equipment is returned to- us in satisfactory or possession of the Equipment condition, you, are responsible for all risk of loss and damage., loss,. theft, including, but not limited to,. personal property and advalorem taxes ( "Property Taxes "), or (b) remit to us each destruction or seizure of the Equipment (an "Event of Loss "). You must Billing Period our estimate of the pro-rated equivalent of such Property promptly notify us of any Event of Loss. If the Equipment can be repaired or replaced, you agree to promptly repair or replace the Equipment, at your cost, Taxes: If the estimated Property Taxes paid by you are greater than orless ry than the Property Taxes paid by us, no adjustment will be made. Taxes do and the terms of the Lease will continue to apply. If the Equipment cannot be repaired or replaced, you agree to pay us, within 10 days of the Event of Loss, not include those measured by our net income. You agree to pay us an its Termination Value as of the day before such Event of Loss occurred. Upon ' administrative fee for the processing of taxes, assessments or fees which receip of the Termination Value, we will transfer to you (or the insurance "> may be. due and payable under the Lease. if applicable,law requires tax p returns or reports to be filed by you, you agree to promptly file such tax company) all of our right, title and interest in such item(s) of Equipment (each, returns and reports and deliver copies to us. You agree to keep and make an Item ") AS -1S, WHERE -IS,: WITHOUT ANY WARRANTY AS TO 3q. CONDITION OR VALUE. All insurance proceeds must be paid directly to us, available to us all tax returns and reports for taxes paid by you. and we may apply any excess insurance proceeds to any other amounts you 4. Security Interest: Missing Information We are the owner of the . ? Equipment and you have the right to use the Equipment under the terms of.. owe us or any of our affiliates. transaction and not a 8. Early Termination If you request, and we agree to, a termination of a the Lease. If a Schedule is deemed to be a secured " lease, you (a) grant us a security • interest in,the Equipment (and all Schedule before the expiration of its Lease Term, you agree to (a) deliver the Equipment to us at the time and place we choose; and (b) if the net proceeds proceeds) to secure all of your obligations under the Lease and any other we receive from.any sale, lease or other disposition. of the Equipment (after obligations, which you may have, to us or any of our, affiliates, and (b) authorize us to file financing statements naming you as debtor.. Upon deducting all of our costs and expenses) is less than the Termination Value, exercise of any Purchase Option Price, we will release our security interest remit to us the difference. The "Termination Value" of any Item of Equipment in the Equipment provided you have remitted the Purchase Option Price to shall be'the.greater of Fair Market Value or Net Book Value as of the date of us and no event of default has occurred and is continuing. You agree to determination of any early termination; loss or default. "Fair Market Value' or keep the Equipment free and clear of liens and encumbrances, except " FMV" is (1) the value that would be obtained in an arm's length sale of that those in our favor, and promptly notify us if a lien or encumbrance is placed Item between an informed and willing seller under no compulsion to sell (but or threatened against the Equipment. You irrevocably authorize us, at any with no deduction for shipping costs), and an informed and willing buyer, as time; to (a) insert or correct information on the Schedules, including your estimated by us; plus (2) the estimated cost to repair and refurbish the Item so correct legal name, serial numbers and Equipment descriptions; (b) submit .that it is in satisfactory condition, as described in Section 9. "Net Book Value" notices and .proofs of toss for any required .insurance; and (c) endorse your for any Item is the sum of (1) all Lease Payments and any other amounts then name on remittances for insurance and Equipment sale or lease proceeds. due and payable to . us; plus (2) the present value of all remaining Lease Payments and other amounts, discounted at the Internal Rate of Return or, if a 5: Equipment Maintenance, Operation and Use You agree to (a) USE THE EQUIPMENT ONLY FOR AGRICULTURAL, BUSINESS OR. discount rate is set forth in the applicable Schedule, such discount rate (the COMMERCIAL PURPOSES AND NOT FOR PERSONAL, FAMILY OR Discount Rate "); plus (3) 'the unamortized amount of our indirect costs of originating and administering the applicable Schedule; plus (4) the present HOUSEHOLD PURPOSES; (b) not move the Equipment to another county or state without notif in us wit ate and maintain the value of the Purchase Option Price (or, if there is no Purchase Option Price, k l t 'sNVVERCI L MLA 0 2'22£5 Page I of L App 111665 OCT Y 2 011 DEERE. - CREDIT, INC, ADDITIONAL TERMS AND CONDITIONS OF AGREEMENT the residual value that we assumed in calculating Lease Payments), fees and costs ( "Claims "), incurred or asserted by any person, :in any discounted at the Discount Rate. "Internal Rate of Return" shall be calculated manner related to the Equipment or the lease thereof, including its use, using standard finance techniques with the Equipment Cost, Lease Payments, condition or possession. You agree to defend and indemnify us, and hold Lease Term and Purchase Option Price (or residual value assumption) as the us harmless, against all Claims, although we reserve the right to control the variables. defense and to select or approve defense counsel. You will promptly notify 9. Return of Equipment If a Schedule is terminated for any reason and us of all Claims made. Your liability under this Section is not limited to the you do not (a) return the Equipment to us, (b) exercise any Purchase Option; amounts of insurance required under the Lease. This indemnity continues or (c) exercise any Renewal Option, you agree to remit to us, until such time beyond the termination of a Schedule, for acts or omissions, which occurred as the Equipment is returned to us in accordance with the provisions of this during the Lease Term. Section, lease payments each month equal to the higher of (i) the monthly fair 14. Representations and Warranties You represent and warrant to us, market rental value of the Equipment, as determined by us in our sole as of the date of this Master Agreement and of each Schedule, and discretion, or (ii) the monthly Lease Payment set forth in the Schedule (or the covenant to us so long as the Lease is in effect, that: (a) you will not change monthly lease payment equivalent if the Lease Payments are other than your name without giving us at least 30 days' prior written notice; (b) each monthly (e.g., for annual Lease Payments, the monthly lease payment document you sign and deliver to us is duly authorized, executed and equivalent would be calculated by dividing the annual Lease Payment by 12)). delivered by you, and is your valid, legal and binding agreement, All Equipment must be returned to the place designated by us, at your enforceable in accordance with its terms; (c) execution, delivery and expense and in satisfactory condition, along with all use, maintenance and performance by you of any Lease does not and will not (1) violate any repair records. Equipment is in satisfactory condition if it is in as good a applicable law; (2) breach any order of court or other governmental agency, condition as when the Equipment was delivered to you, reasonable wear or of any undertaking you are a party to or by which you or any of your .excepted, and conforms to the standards of any Equipment Return Provisions properties are bound; (d) you will comply with all applicable laws, incorporated into the Lease. . . ordinances and regulations; (e) all information you have given to us is true, 10. Default You will be in default if: (a) you fail to remit to us any Leas accurate and complete; and (f) since the date of the most recent financial Payment or other payment when due; (b) you breach any other provision of information given to us, no material adverse change in your business, the Lease and such default continues for 10 days; (c) you remove any assets, or prospects has occurred. You will promptly deliver to us such Equipment from the United States; (d) a petition is filed by or against you or financial statements, reports and other information as we may request. any guarantor under any bankruptcy or insolvency. law; (e) a default occurs Unless you are an individual, you also represent and warrant to us that: under any other agreement between you (or any of your affiliates) and us (or (a) you are and will remain duly organized, validly existing and in good I any of our affiliates); (f) you or any guarantor merges with or consolidates into standing under the laws of your jurisdiction of organization; (b) you are another entity, sells substantially all its assets, dissolves or terminates its qualified to do business under the laws of all other jurisdictions where existence, or (if an individual) dies; or (g) you fail to maintain the insurance qualification is required, or advisable; (c) you will not change your required by Section 6. Time is of the essence under the Lease. jurisdiction of organization or organization type without at least 30 days' 11. Remedies If a default occurs, we may do one or more of the following: prior written notice to us; and (d) the execution, delivery and performance (a) require you to return the Equipment in the manner outlined in Section 9, or by you of the Lease will not breach any provision of your organizational take possession of the Equipment; (b) recover from you, AS LIQUIDATED documents. DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY (i) if the 15. Governing Law; Jurisdiction; Venue EACH LEASE WILL BE Equipment is so returned, the sum of (1) all Lease Payments and any other GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE amounts then due and payable to us; plus (2) the present value of all LAWS OF IOWA, WHERE THIS MASTER AGREEMENT IS ACCEPTED . remaining Lease Payments-and other amounts, discounted at the Discount AND ENTERED INTO, except for its conflict of laws provisions. You ` Rate; .plus (3) the unamortized amount of our indirect costs of originating and irrevocably submit to the no jurisdiction and venue of federal and administering the applicable Schedule (the "Default Amount "), or (ii) if the state courts located in Des Moines, Iowa and will not claim it is an Equipment is not so returned, the Termination Value as of the date of such inconvenient forum for legal action. - YOU AND WE IRREVOCABLY default; (c) lease or sell the Equipment or any portion thereof at a public or .WAIVE ANY RIGHT YOU AND WE MAY HAVE TO A JURY TRIAL. private sale and apply the net proceeds we receive from any sale, lease or 16. Miscellaneous WE HAVE NOT MADE, AND DO NOT MAKE, ANY other disposition of the Equipment (after deducting all of our costs and REPRESENTATION. OR WARRANTY, EXPRESS OR IMPLIED, AS TO expenses) to the Default Amount, with you remaining liable for any deficiency; . THE EQUIPMENT'S MERCHANTABILITY, . FITNESS FOR A (d) declare any other agreements between you and us (or any of our affiliates) PARTICULAR PURPOSE, SUITABILITY, OR OTHERWISE. WE ARE in default; (e) terminate any of your rights (but none of your obligations) under NOT LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. You any Lease and any other agreement between you and us (or any of our acknowledge that no supplier or dealer of the Equipment is an agent of affiliates); (f) charge you for the expenses incurred in connection with the ours, or authorized to act for or bind us. You agree not to withhold any enforcement of our remedies including, without limitation, repossession, repair amount you owe us if you believe you have a claim against us, or .any and collection costs, attorneys' fees and court costs; (g) exercise any other Equipment supplier(s) or manufacturer(s), but to pursue that claim remedy available at law or in equity; and (h) take on your behalf (at your independently. Any claim you have against us must be made within two expense).any action required by the Lease which you fail to take. These years after the event that caused it. All notices must be in writing and will remedies are cumulative, are in addition to any other remedies provided by be deemed given :5 days after mailing to the intended recipient at its law, and may be exercised concurrently or separately. Any failure or delay by address indicated above, unless changed by a notice given in accordance . us to exercise ' any right shall not operate as a waiver of any other right or with this Section. Each Lease supersedes and replaces all prior . future right. understandings and communications (oral or written) concerning the subject 1.2. Assignment You will not assign, pledge or otherwise transfer any of matter thereof. No part of any Lease can be amended, waived or your rights or interests in the Lease or any Equipment without our prior written terminated except by a writing signed by both you and us. Any part of this consent. Any assignment without our consent will be void. The Lease shall Master Agreement may be signed in separate counterparts that, together, be binding upon any successor or permitted assignee. We may assign the will constitute one document. If a court finds any part of this Master Lease or our interest in the Equipment at any time without notice to you and Agreement to be invalid or unenforceable, the remainder of this Master without your consent. We may provide information about you to any Agreement will remain in effect. You permit us to monitor and record prospective assignee or participant. You agree not to assert against our telephone conversations between you and us. All of our rights under each assignee any claims, offsets or defenses which you may have against us. Lease shall remain in effect after the expiration of the Lease Term or 13. Indemnity You are responsible for all losses, damage, claims, termination of the Schedule. infringement claims, injuries to or the death of an individual, and attorneys' THE TERMS OF THIS MASTER AGREEMENT SHOULD BE READ CAREFULLY BEFORE SIGNING BECAUSE ONLY THESE WRITTEN TERMS ARE ENFORCEABLE NO OTHER TERMS OR ORAL PROMISES MAYBE LEGALLY ENFORCED. BY SIGNING THIS MASTER AGREEMENT, YOU AGREE TO THE TERMS ON BOTH APGES 1 AND 2. THIS MASTER AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US, EXCEPT AS WE MAY LATER AGREE IN WRITING TO MODIFY IT. DEERE CREDIT, • - 6400 NW 86` P OX 6600 - JOHNS O 5 1 -6600 By. By: q Date: f c, / Title: �� Gtr r Date: fv : � ' - - - -- - 1 Fed. EG D CORM R ��_ QNC;I IAf�F Matti Herrera Bower ---- & MR EXECUTION Mai yor OCT 12 2011 v.r7M . _ Z r P -aLv App 90485 1 i ATTEST Fltr Rtvl~ '�OATP, - DEERE CREDIT, INC. ...� l JOHN DEERE CREDIT AMENDMENT TO MASTER LEASE AGREEMENT This amendment (this "Amendment ") amends and supplements that certain Master Lease Agreement entered into as of the 1 57- day of O c T0 A(—_n_ , 2011 (the "Master Agreement ") by and between Deere Credit, Inc. ( "Lessor ") and C o/- A1.1A�i �� ("Lessee"). RECITALS WHEREAS, Lessee wishes to amend certain provisions set forth in the Master Agreement and Lessor is willing to amend said provisions as set forth herein. NOW, THEREFORE, in consideration of - the mutual covenants contained in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the parties agree as follows: 1. Capitalized terms not defined in this Amendment shall have the meaning given to them in the Master Agreement. 2. The first two sentences of Section 3 of the Master Agreement is amended by replacing it with the followin "We understand you may be exempt from the payment of- certain taxes under- applicable law.. However, if at any point during the Lease Term you are not. exempt, you agree to pay us when invoiced all sales, use, rental, personal property, gross receipts and all other taxes which may be imposed on the Equipment or its use, and the remainder of this Section 3 shall apply." 3. Section 6 of the Master Agreement is deleted in its entirety and the following_ replacement Section 6 is inserted in its place: "6. Insurance You agree, at your cost, to either: (a) keep the Equipment insured against all risks of physical loss or damage forno less.than its Termination Value (as such term is defined in Section 8 below), naming us (and our successors.and assigns) as sole loss - payee; or (b) self- insure against all risks of physical loss or damage to the Equipment for no less than its Termination Value. You agree, at your cost, to either: (a) maintain public liability insurance, covering personal injury and property damage for not less than $1,000,000 per occurrence, naming us (and our successors and assigns) as additional insured, or (b) self- insure against occurrences of personal injury, including death, and property damage, for not less than $1,000,000 per occurrence. If you do.not provide us with evidence of the insurance coverages described above, or if such insurance coverage is insufficient to cover the risks and claims described above, you shall have elected to self- insure against such uninsured or underinsured risks and claims." 4. Section 10 of the Master Agreement is amended by replacing the number. "10" with the number "30" in the first sentence thereof. RECEIVED OCT 12 2011 DEERE CREDIT, INC. .y 5. The second sentence of Section 13 of the Master Agreement is amended by replacing it with the following: "Although current applicable law may prohibit you from indemnifying us, to the extent applicable law does permit you to do so at any point during the Lease Term, then you agree at that time, and for as long as applicable law permits, to defend and indemnify us, and hold us harmless, against all .Claims, although we reserve the right to control the defense and to select or approve defense counsel." 6. The first two sentences of Section 15 of the Master Agreement are amended by replacing them with the following: "EACH .LEASE WILL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF FLORIDA, WHERE THIS MASTER AGREEMENT IS ACCEPTED AND ENTERED INTO, except for its conflict of laws provisions. You irrevocably submit to the non- exclusive jurisdiction and venue of federal and state courts located in Miami Dade County, Florida and will not claim it is an inconvenient forum for legal action." 7. The provisions of this Amendment shall be effective as to all Schedules entered into on or after the date set forth below. Except as expressly modified by this Amendment, the terms and conditions of the Master Agreement remain in full force and effect. If there are any conflicts between the provisions of this Amendment and the Master Agreement, the terms of this Amendment shall be controlling. This Amendment may be executed in any number of counterparts, each of which shall be an original and :all of which, when taken together, shall constitute one and the same document. IN WITNESS WHEREOF, the parties have c this Amendment to be executed by their duly authorized representatives as of this / s day of D CT"O A C , 2011. DEERE CREDIT, INC. B /v�lci�ja By: Y� Name: 0 Nams Matti Herrera Bower - Title. ✓� fo✓I ��"�`�� Title: Mayor I ATTEST APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION RECEIVED " OCT 12 2011 .�...� 1q I( ty Worn at® DEERE CREDIT, INC. JOHN DEERE Lease Schedule F,r-., Lease Schedule No. 020- 0057502 -000 Master Lease Agreement No , 0057502 CITY OF MIAMI BEACH :Lessee . (Name,&'Addms' ' 1700 CONVENTION CENTER DR, , MIAMI BEACH, FL 33139 DEERE CREDIT, INC. Lessor` 6400 NW 86"' ST, PO BOX 6600, JOHNSTON, IA 50131 -6600 Lease Term: Start " Lease Term End # Of Sales /Use Total Lease Purchase Lease Payment Property Tax Date Date Payments Tax Payment O tion Price 10101/2011 10/01/2015 48 $7,521.38 $0.00 $0.00 $7,521.38 NA PAYMENTTERMS PAYMENT DUE AT SIGNING Due Date;i St Payment Due, Advance: Lease Payment *' $7,521.38 Date 01 10/01/2011 Origination!Fee $0.00 Billing Perio "d Irregular',Payments Security Deposit $0.00 ® Monthly Total Rue,At Signing $7,521.38 ❑ Quarterly . Semi - Annual " D Annual * *Advance Lease Payment includes the first "(1) ❑Irregular Lease Payment(s). ".Master Agreement' shall mean the above referenced Master Lease. Agreement. "Schedule" shall mean this Lease Schedule. "Lease" shall mean this Schedule and the Master Agreement. All of the terms and conditions set forth in the Master Agreement and any amendment, addendum, schedule or attachment thereto or hereto including, but not limited to, the Maintenance Addendum are hereby incorporated into and made a part of this Schedule. Lease Pavments You agree to remit the Lease Payments (and not renew the Lease or return the Equipment at the end of the Lease applicable sales, use and property taxes) on the dates noted above and Term, you agree to continue to remit to us the Lease Payments indicated all other amounts when due to: DEERE CREDIT, INC., P.O. Box 4450, above (plus applicable taxes and other amounts) when due and payable .Carol Stream, IL 60197=4450. each Billing Period after the Lease Term until the Equipment is returned to Discount Rate The Discount Rate applicable'to this Schedule shall (1) us in accordance with Section 9-of the Master Agreement. be determined by us in Lour sole discretion, and (2) not be greater than the Representations and Warranties You represent and warrant tows, as of the Internal Rate of Return minus 4 percent (4 %). date you signed this Schedule, that (1) the Equipment was selected by you; (2) Hourly Charges You certify that the hour meter reading on each Item of the Equipment (including -all manufacturer manuals and instructions) has been Equipment is' accurate as of the date you sign this Schedule. If you use delivered to,' and examined by, .you; (3) the safe operation and the proper any Equipment during the Lease Term for more than- the Hourly Limit servicing of the Equipment were explained to you (4) you received the written indicated above for that item, you will pay to us within 10 days of the warranty applicable to the Equipment and understand that your rights under the Lease Term End Date (or any earlier termination of the Lease) an amount written warranty may be limited; (5) the Equipment is unconditionally and equal to the Excess Hour Charge for that Item for each hour in excess of irrevocably accepted by you as being suitable for its intended use; (6) the the Hourly Limit. If, the Lease is terminated, cancelled or extended for Equipment is in good . condition and repair (operating and otherwise); (7) the any reason, Hourly Limit will be prorated by us in our sole discretion. Equipment. shall be used only for the purpose indicated herein; (8) except as Purchase Option If the Purchase Option Price above is "NA" it is disclosed to us, neither you nor any person related to you has an equity interest in not applicable and you have no option to purchase the Equipment. the Equipment on the Lease Term Start Date; and (9) all information provided to If the Purchase Option Price is other than "NA ", you may purchase the us by you is true and correct. Equipment on the Lease Term End Date or Renewal Term End Date You acknowledge and agree that: (1) we did not select, manufacture or ,(each an "End Date ") for the - Purchase Option Price (plus all Taxes), supply any of the Equipment; (2) we acquired the Equipment at your direction; provided (1) you're not in default; (2) you give us written notice of intent to (3) you selected the supplier of the Equipment; (4) you are entitled to all purchase the Equipment 60 days before the End Date; and -(3) we receive manufacturer warranties ( "Warranty Rights ") and we assign all Warranty Rights the Purchase Option Price and all other amounts you owe us (the "Total to you, to the extent assignable; (5) you may request an accurate and complete 'Price ") on the End Date. Upon receipt of the Total Price, we will transfer statement of the Warranty Rights, including any disclaimers and limitations, all our right, title and interest in the Equipment to you AS -IS, WHERE -IS, directly from the manufacturer; and (6) you assign to us all your rights (but none WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. of your obligations) under all purchase orders, purchase agreements or similar Renewal Term If (1) a Renewal Term is provided for above; and (2) documents relating to the Equipment. You waive all rights and remedies you notify us at least sixty (60) days prior to the end of the Lease conferred upon a lessee under Article 2A of the Uniform Commercial Code. Term that you intend to renew the Lease for the Renewal Term, the. Lease Payments are based on the assumption that we will be entitled to Lease shall renew for the Renewal Term. If you renew the Lease, certain tax benefits .as the owner of the. Equipment. if you take or fail to take you agree to remit to us the Renewal Lease Payments indicated above any action that results in a loss of such tax benefits, you will pay us, on demand, (plus applicable taxes and other amounts) when due and payable each the amount we calculate as the value of such lost tax benefits. Billing Period, even if we do not send you a bill or an: invoice. If you do RECEIVED OCT qq 2 0 q A 111665 C1 IC-0 EME'RCJAL MLA 02/2005' Page 2 of 2 1 U 11 pp DEERE CREDIT, INC. Lease Schedule - Equipment List Supplier SHOWTURF, LLC (Name &Address)! 1365.NEPTUNE DRIVE, BOYNTON BEACH, FL 33426 E QUIPMENT • • Hour Hour, Excess Purchase Year !Make' Model Equipment Description Serial Number Meter Limit Hour Payment Char a Option; 2011 JD 2500E HYBRID RIDING GREENS 1TC25EHGHBT05043.4 900 /YR $7.50 /HR $444.33 NA MOWER 2011 JD 2500E HYBRID RIDING GREENS: 1TC25EHGKBT050439 900 /YR -$7.50 /HR $444.33 NA_ MOWER 2011 JD 2500E HYBRID RIDING GREENS 1TC25EHGPBT059438 900 /YR $7.50 /HR $444.33 NA MOWER HYBRID RIDING GREENS 2011 JD 2500E 1TC25EHGPBT050441 900 /YR $7.50 /HR $444.33 NA MOWER 2011 JD 2500E HYBRID RIDING GREENS 1TC25EHGTBT050437 900 /YR $7.50 /HR $444.33 NA MOWER HYBRID RIDING GREENS 2011 JD 2500E 1TC25EHGVBT050431 900 /YR $7.50 /HR $444.33 NA MOWER 2011 JD TX UTILITY VEHICLE 1 MOTURFJABM060658 900 /YR $2.50 /HR $129.64 NA TURF 2011 JD TURF UTILITY VEHICLE 1MOTURFJCBM060701 900 /YR $2.50 /HR $129.64 NA 201.1 JD TX UTILITY VEHICLE 1 MOTU RFJEBM060597 900 /YR $2.50 /HR $129.64 NA TURF 2011 JD TX UTILITY VEHICLE 1 MOTURFJKBM060654 900 /YR* $2.50 /HR . $129.64 NA TURF 2011 JD TX TURF UTILITY VEHICLE 1MOTURFJLBM060659 900 /YR $2.50 /HR $129.64 NA .. 2011 JD TX UTILITY VEHICLE 1 MOTU RFJ LB M060662 900 /YR $2.50 /HR $129.64 NA .. TURF 2011 JD TX' UTILITY VEHICLE 1MOTQRFJTBM060702 900 /YR $2.50 /HR $129.64 NA TURF 2011 JD T UTILITY VEHICLE 1 MOTURFJVBM060660 900 /YR $2.50 /HR $129.64 NA TURF 2011 JD 1200H HYDRO BUNKER / FIELD RAKE 1TC1200HCBT040128 . 900 /YR $2.50 /HR $235.49 NA 2011 ' JD 1200H HYDRO BUNKER / FIELD RAKE 1TC1206HEBT040127 900 /YR $2.50 /HR $235.49 NA 2011. JD 220E HYBRID WALKING GREENS 1MO220EAABMO20420 $165.01 NA MOWER 2011 JD 220E HYBRID WALKING GREENS 1 MO220EACBMO20407 $165.01 NA MOWER 2011 JD 220E HYBRID WALKING GREENS 1MO220EACBMO20620 $165.01 NA MOWER 201.1 JD 220E HYBRID WALKING GREENS 1MO220EAHBMO20419 $165.01 NA MOWER 2011 JD 800 WALK BEHIND AERATOR 1TC800ACJBT085051 $272.84 NA 2011 . JD 22B WBGM TRAILER 1TCO22BXABT055184 $29.43 NA 2011 JD 22B WBGM TRAILER 1TCO22BXKBT055289 $29.43 NA 2011 JD 22B WBGM TRAILER 1TCO22BXTBT655290 $29.43, NA 2011 JD 22B WBGM TRAILER 1TCO22BXPBT055291 $29.43 NA 2011 JD' 997 COMMERCIAL Z -TRAK MOWER 1TC997SCEBT061701 900 /YR $7.50 /HR $271.92 NA 2011 JD 997 COMMERCIAL Z -TRAK MOWER 1TC997SCHBT561776 900 /YR - $7.50 /HR $271.92 NA 2011 RY 18" RYAN SOD CUTTER 54495200184 $89.10 NA 2011 WI SUPER WIEDENMANN MULTI 270AA2002 .$508.40 NA 500 PURPOSE SWEEPER 2011 TT GR110 O0C TRU-TURF GREENS ROLLER G1300 $204.75 NA '2011 TT GR110 O0C TRU -TURF GREENS ROLLER G1302 $204.75 NA 2 JD GTC GTC DRIVES /CONDITIONERS G TCDRIVES ECEI E® $53.70 NA 2011 BU KB4 BUFFALO DEBRIS BLOWER 19326 $121.31 NA f` E ( / f AA LA ) k .ag % of 2 APP 111665 i kY1.�L RC },#�� 3 ALA 1 1G:.20 5 Page DEERE CREDIT] INC. 201'1 JD VERTI VERTICAL CUTTING UNITS CUTTUNITS $80.93 NA CUTS 2011 AG AG- AGRIMETAL ROLLER SET FOR 30289 $70.02 NA ROLL TRIPLEX 2011 AG ST- AGRIMETAL SPIKER SET FOR 30291 $70.02 NA SPIKE TRIPLEX PROFL PROGRESSIVE PULL - BEHIND 2011 PR 10271545A $349.88 NA EX 120 ROTARY MOWER : {Equipment 1700 CONVENTION CENTER DR, MIAMI BEACH, FL, 33139 OUTSIDE city limits: O MIAMI -DADE COUNTY Location BY SIGNING THIS SCHEDULE, YOU.AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS SCHEDULE AND THE MASTER AGREEMENT CITY OF MIAMI BEACH DEERE CREDIT, INC. 1700 CONVENTION CENTER DR • ' 6400 NW 86" ST 0 B 6600 MIAMI BEACH, FL 331,3 JOHNSTON, 1 - 00 By: By: M011 AkWkktqWER, MAYOR Date: so, � 0 � l Title: rr Vol Iiir hir I' Date: o Z { ATTEST ... , o f CH 2 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City At 0 fig Date RECEIVED - OCT g 2 2011 C1 CQMMERC1 rvILA. 02/2005 a rg a of 2 DEERE CREDIT, INC. App 111665 JOHN DEERE Equipment Return Provisions FINANCIAL : Lease:tchedule No. 020- 0057502 -000 Master Lease Agreement No.' 0057502 Lessee; CITY OF MIAMI BEACH (Name &Address ) 1700 CONVENTION CENTER DR, , MIAMI BEACH, FL 331.39 DEERE CREDIT, INC. Lessor; 6400 NW 86 r,, ST, PO BOX 6600, JOHNSTON, lA 50131 -6600 The following Equipment Return Provisions are hereby incorporated into and made a part of that certain John Deere Master Lease Agreement dated as of the 01 day of October, 2011 (the "Master Agreement "), and entered into between Deere Credit, Inc., as Lessor ( "us ", "we" or "our "), and CITY OF MIAMI BEACH, as Lessee ("you or "your " "). Pursuant to Section 9 of the Master Lease Agreement, all Equipment must be returned to us in satisfactory condition. Unsatisfactory condition shall include any condition described in Sections 1 through 4 below ( "Excessive Wear and Tear"). 1. Mechanical A. Computer systems or safety and emission control equipment not in B. Unclean condition of operator environment. proper working order. C. Holes, tears, or burns on the dash, floor covers, seats, headliners, B. Mechanical components that are missing, broken or unsafe or that upholstery or interior. do not operate normally, other than normal tune -ups, given the age of the equipment. 4. General 'C. Wear on power train assembly that exceeds manufacturer's then A. Equipment not operated or maintained in accordance with the current standards for normal wear and tear. manufacturer's specifications or if components, fuels or fluids, on or D. Any air filters not within manufacturer's specifications. in connection with the Equipment that do not meet manufacturer's E. Any gauges or fluid indicators that are damaged or do not function, ' standards were used. the electrical system fails to operate properly, the :battery fails to B. Any other damage that in - the aggregate costs $250 or more to hold a charge or any wire harnesses that are not tied down and repair or that makes the Equipment unlawful or unsafe to operate. kept secured, dry and clean. F. Any pumps, motors, valves or cylinders not in good operating 5. Other condition or that fail to meet manufacturer's rated specifications or A. All warranty and PIP work must be completed prior to the hydraulic system exceeds manufacturer's then- current Termination Date of the Lease Schedule relating to the Equipment. contaminant standards (as shown. by oil sample analysis). B. The Equipment must be cleaned prior to its return. Equipment not serviced according to the manufacturer's operating manual. 6. Hour Meter For each item of Equipment returned with a broken or G. Any lubricant, water or A/C seal leaks: missing hour meter, you shall accept an invoice from us and remit to us an amount equal to $1,000. You agree that the hour meter included 2. Exterior with the Equipment is conclusive of the number of hours of Equipment A. Dents larger than 2 inches in diameter. use. B. 'Excessive number of dents or scratches. C. Any scratch 8" or longer that reaches the metal skin. 7. Invoices for Excess Wear And Tear Upon any return of the D. Any single chip the size of a quarter or larger or multiple small Equipment,_ we shall, in our sole discretion, determine the existence of chips within one square foot. any Excessive Wear and Tear. In the event any item of Equipment is E. Substandard paint repairs, such as peeling, bubbling or returned to us with Excessive Wear and Tear, you shall, at our sole mismatched shades that evidence poor condition in comparison discretion, either (i) accept an invoice from us and remit to us the cost of with original paint and require 'repainting at a cost in excess of repairing or replacing the affected component(s) which we determine $200, necessar y. to return the Equipment to its required condition, and /or (ii) F. Rust holes in the, body metal or a rust spot that covers-more than a accept an invoice from us and remit to us an amount equal to our 4 -inch square area. estimate of (1) the cost of new tires or tracks if the tires or tracks are G. Any glass that must be replaced due to cracks or missing glass damaged due to broken side walls or excessive cuts or damage , or (2) and any windshield damages greater than $50 in amount. the cost of new tires or tracks multiplied by the difference between (A) H. All frame damage and substandard frame repairs. our estimate of the percentage of the useful life of the tires and tracks 1. Any tires or tracks that (a) have broken side walls or excessive then remaining, and (B) fifty percent (50 %). For example, if you return cuts or damages, or (b) have less than 50 % of the original useful Equipment with tires having 20% of their useful life remaining, you would life remaining, 'or (c) are not of the same size, type grade or remit to us an amount equal to 30% of the cost of new tires ((50% - equivalent quality manufacturer as were originally included on the 20 %) multiplied by the cost of new tires). Your failure to remit the Equipment. required payment to us within ten (10) days of demand shall constitute a default by you under the terms of the Lease. 3. Cab /Operator Platform A: Heavy interior soil or strong odors, such as manure, that cannot be removed by general cleaning. CITY OF MIAMI BE DEERE CREDIT, INC. 1700 CONVENTION CENTE DR • - 6400 NW S , PO BOX 6600 ; MIAMI BEACH, FL 3313 B.Eiq JOHN O 0131 -660 FBB MA I HE ERA BOW R, M YOR ' ....� Date: /� a, /" �D t'� - �T ti. ' Dt vi !� I Date: t �'( A � �Rr\ APPROVED AS tO. CANGUME - - � � :• INFO . RECEIVED FOR EXECUTION .. r ,c r r _ App 111665 Z ATTEST I . OCT � 2 2 011 DEERE CREDI V ft Atfili me V" Date g D EERE Delivery and Acknowledgment JOHN FINANCIAL Lease Schedule „No. 020- 0057502 -000 Master Lease Agreement No 0057502 Lessee: CITY OF MIAMI BEACH ; &Address) 1700 CONVENTION CENTER DR, , MIAMI BEACH, FL 33139 DEERE CREDIT, INC. Lessor • 6400 NW 86' ST, PO BOX 6600, JOHNSTON, IA 50131-6600 - Capitalized terms shall have the meanings set forth in the above referenced Master Lease Agreement. Lessee hereby represents and warrants that: (1) all of the Equipment more fully described in the above referenced Lease Schedule was selected by Lessee; (2) all of the Equipment and the Operator's Manuals have been delivered to, and received by, Lessee; (3) All of the Equipment has been inspected by Lessee and is in good working order; (4) all of the Equipment is unconditionally and irrevocably accepted by Lessee for all purposes under the Lease; (5) the safe operation and the proper servicing of the Equipment have been explained to Lessee; (6) Lessee received the manufacturer's written warranty applicable to the Equipment and Lessee understands that its rights are subject to the limitations outlined therein; (7) No Event of Default has occurred and is continuing; and (8) no material adverse change in the financial or business condition of Lessee has 'occurred.since the date of the last financial statement submitted to Lessor by Lessee. Signed. by Lessee's duly authorized representative on the date shown below: CITY OF MIAMI BEACH . DEERE CREDIT, INC. 1700 CONVENTION CENTER DR - 6400 N.W.8e STREET, PO BOX 6600 JOHNST 1 131 -6600 MIAMI BEACH, FL 33139 . . j By: - By: MATTI HEA RE OW M R Date: �O a 2.Q/ l T itle: (��,✓ t /mi af Date: t ATTEST APPROVED AS TO FORM & LANGUAGE 8� FOR EXECUTION ]ALN City tome � Date 1 RECEIVED OCT 2 2011 # 11 ;;.. ; ; DEERE CREDIT, INC. App 11 i I Federal/State Agency and Indian Tribe Claim for Exemption of State and Local Sales/Use Tax Purchaser Name: City: of Miami Beach Address: 1700 Convention Center Dr, Miami Beach, FL 33 ID Number (If Applicable): Seller Name: Deere Credit Inc. Address: 6400 NW 86 St. Johnston, IA 50131 Exemption Number (if applicable): 95p 9 6; ib 31 C. m-3 Reason for Exemption Municipality 67#YerAf'17f, i ssUz d Pi(r dm Description of Item Being Purchased: Golf & Turf Equipment qS shave' 017a By signing below, purchaser certifies that the items being purchased are exempt from state and local sales tax. Title: !Matti Herrera Bower Date: M ayor Telephone Number: 0 .� —� ?� —� 0 3O RECEIVED OCT 2 2011 ....x€ < , , ><,, 1 .`v3` ? App 111665 DEERE CREDIT, INC. Consumer's Certificate of Exernption R..04105 /05 Issued Pursuant to Chapter 212, Florida Statutes 05/29/07 DEPARThSENT - OF REVENUE 85- 8012621639C -9 07/15/2007 07/31/2012 MUNICIPAL GOVERNMENT Certificate Number Effective Date Expiration Date Exemption Category This certifies that CITY OF MIAMI BEACH 1700 CONVENTION CENTER' DR' MIAMI BEACH FL 33139 -1819 is exempt from the payment of Florida sales and use tax on real property rented, transient recital property rented, tangible . personal property purchased or rented, or services purchased: R -14 Important Information for Exempt Or D ganizations R. R44 A R - NIA 1. You must provide all vendors and suppliers with an exemption certificate before making tax - exempt purchases. See Rule 12A- 1:038, Florida Administrative Code (FAC). 2. Your Consumer's Certircate of Fxemption'is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases':made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property is.taxable. Your, organization must register, and collect and remit sales and use tax on such taxable transactions... Note: Churches are exempt from -this requirement except when they are the lessor of real property (Rule 12A- 1.070, FAC). 5: It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators.will.be liable for payment of the -sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of - this certificate. 6. if you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850 - 487 -4130. The mailing address is PO BOX .6480, Tallahassee, FL 3231476480. RECEIVE OCT 12 2011 DEERE CREDIT; INC. JOHN DEERE Physical Damage /Liability Insurance F INANCIAL Lease Schedule No. 020- 0057502 -000 Master Lease , A : greement No 0057502 Lessee CITY OF MIAMI BEACH ,(Name & Address) : 1700 CONVENTION CENTER' DR, ,MIAMI BEACH, FL 33139 Lessor DEERE CREDIT, INC. 6400 NW 86"' ST, PO BOX 6600, JOHNSTON,.'IA 50131 -6600 LIABILITY INSURANCE on the above referenced Lease Schedule (the 'Schedule") to the above referenced Master Agreement will be provided by the following insurance agency: ame of Agency; Policy #: Phone Number of Agency: ( 04 J M ailing Address of Agency gee_ ed 1 61tef C04 >AM1 01. g4ce Fax Number of Agency PHYSICAL DAMAGE INSURANCE on the Schedule will be provided by the following agency: - ame of Agency: Policy #: Phone Number of Agency: Mailing Address of Agency FJ3x Number,of Agency * * *If an insurance certificate is available, it should be provided in place of the above information ADDITIONAL INSURED and LOSS Deere Credit, Inca It's Successors Wor Assigns P O Box 6600 Johnston, JA 50131 -6600 agree and understand "that,, pursuant to th;e provisionsof,Section 6 of the Master Lease Agreement, I must .at allaimes "( >1) maintain public bilit ' msurance, covering'. "personal injury" and °property damage for not ,less than $1,000,000 :per occurrence, naming us° (and ;our'' Y s successors'and assigns), as 00ditional insured, and (2) keep the Equipment insured against all risks of ph - r no les "s than its Termination Value,;(as'such term is defined in Section 8 of the Master Lease Agreement),'narning ; us r, cce assigns) as" . , , We loss. a 'ee." CITY OF MIAMI BEACH 1700 CONVENTION CENTER \ y. i MIAMI BEACH, FL 33139 ;/ ( '"�•'• �„ '; ,;� By: i C4 ,y ,. i M I RERA BOWER, M O I R! T ED. ' `` ATTE 0 2- A"// Date: — • Mme,. Office Use Only Contact Date(s): Contact Name: Liability Insurance Company Policy #: Liability Insurance Expiration Date Liability_ Limits:_ Notes: Physical Damage Insurance Company and Policy #. Physical Damage Insurance Expiration Date Insured Value Notes: APPRMIED AS Loss Payee Deere Credit, Inc.? Verified By: ❑ Yes ❑will se Added FORM & LANGUAGE UT 12 8 FOR EXECUTION 2011 App 111665 . DEERE CREDIT, IN' ✓, A ,_ t • ti -rt �c ity. Attohie (1'.. }ate I . j City :of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.aoy : RISK MANAGEMENT DIVISION Tel: 305.673.7524, Fax: 786.394.4546 L October 11, 2011 Michael Watne r Division Manager Deere Credit, Inc. I 6400 NW 86 Street I Johnston, IA 50131 -6600 RE: City of Miami Beach Master Lease -John Deere Leasing Dear Mr. Watne: This letter will confirm that all insurance .is provided through the City of Miami : Beach Self - Insurance Fund. All claims for bodily injury and property damage for which the City Miami Beach becomes liable, will -be covered in accordance with and subject to the limitations set forth in § 768.28, Florida Statutes: Respectfully, Cliff Leonard Risk Manager RECEIVED OCT 1.2 2011 DEERE CREDIT, INC. We are committed to praviding excellent public service and safety to all who live, vvork, and ploy in our.vibrorit, tropicol, historic corrtrmmity. ,JOHN DEERS Advance Lease Payment Invoice F•INANC A.L. Due bate: 10ro112011 Total Due: $7,521.38 Billing Address: Updated Billing Information CITY OF MIAMI BEACH GUS LOPEZ 1700 CONVENTION- CENTER DR MIAMI BEACH, FL 33139 Please Note. All future invoices will be.sent:to the billing address shown uniess you update your billing information. above. App # :Mfg. Model # Serial Number Due Date Renfial Amount Security Processing Total Due Deposit.. Fees ` 1.11665 JD 2500E 1 TC25EHG-HBT050434 10/0112011 $7,521.38 $0.00 $0.00 $7,521:38 Correspondence Oniy: Remit Checks Payable To: John Deere Financial John Deere Financial Attn: Golf & Turf Leasing Attn: Acct. Dept.- ALP Processing PO Box 6600 PO Box 6600 Johnston, IA 50131 -6600 Johnston, IA 50131 -6600 Phone: (888) 777 -2560 Fax: (888) 777 -2561 TO.ENS.URE PROPER CREDIT, STAPLE.CHECK AND RETURN THIS W INVO CE Il'H`THE .LEASE DOCUMENTS w b A i r STAPLE ADVANCE LEASE PAYMENT CHECK HER ev n , 0#4 or Cfty of Miami .BeoCh Parks & Rec. Dept. Every Dishonored. Check will result in a fee of $20.00 or an amount-not to exceed the highest•amount permitted by law. DC:1 ADVANCE LEA:.E PAYMENT }Nl OICCE 11;2004 Pape'! of` 1 App 111665 1 FedEx NEW Pa- � Tracking 8768 4�� 4751, 'd Fe Eke Express a •€r�1aiF Number 0-111 From Please print and press hard 4 'Express Package •To most locations. Packages upto.15Dlbs, Senders FedEx } - TE: Serviceorderhaschanged ,Houseselectcaretuliy. o ver s., use the new . . ,. .:. .. ... ... NO Fed& Express freight USAirbill. . �y For p ackag es 50 Account Number Sender's �}� e� '7 . h �.� (T(/ FedEx First Overnight E] NEW FedEx 2Day A.M. /"® /5 Phone Name C /"/ !J �[ C.� Phone W t • J Earliest next business morning deliveryto select Second business morning. - locations. Friday shipments will be delivered on Saturday Delivery NOT available,. - Monday r /9`yP -S �•-/ `� edEx Priority Overnight is selected FedEx 2Day Com an 1/y ❑ Next husiness morning.* shipments vdll be Second business ahemoon" Thursday shipments elivered on Monday unless SATURDAY Delivery will be delivered on Monday unless SATURDAY is selected. Delivery is selected. Address 2��a �`(/ty/� ❑ FdEx d dOve nie$Saaan ❑ FedEx Overnight z - Dept,Flocr/Suite /Room Saturday Delivery NOT available. Saturday. Delivery NOT available. State ZIP J 5 'P aging •o Ie valuelmtMOO. --, ? 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ZIP codes. - _ DeptlFloorlSuite/Room LJ_ FedFx First Ov Overnight e _ El Yes. ❑ 'Yes � 1 " , HOLD Saturday o As perattachad Shipper's Declaration . Dry Ice FedEx location eddresS Shippers Declaration. nor required. Dry ice 9, UN 1649 z —; ky REGUiREDAvailableONlYfor nge us goods( includingdryice) cannot beshippedin FedEx packaging Address ❑ Fed FxPriority Overnightand Cargo Aircraft Only FedEx 2Da to seleciloca ons. or place n a F 7 Payment B to• FedEx Express Drop Box. .. Use this line for the TOLD location address or for continuation of your shipping address. - - y ' CI $tote Zl P �-- Enter FadEx Acct No. or Credii Card No. below. -- Sender ❑ A willbe i lled S ection ❑ Recipient ❑ Third Parry edit Card ❑ Cash /Check . ,. _ 1 will be billed FedEx Acct. No. CrodkCanlNo. Date Total P ckages Total Weight Total Declared Values four liability is limited to $100 unless you declare a higher value. See back for details.,By using this Airbill you - 161 2 0 t o a 4 9 B 0' ! - 9 A a f 6 agree to the service conditions an the back of this Airbill and in the current FeclEx Service Guide, including terms that limit our liability. ' Rev. Date 11/70 • Part`g16 3136 • ©1994 -2010 FedEx - PRINTED IN U.S.A. SRY --' r r cam`, Cs1 [7 � • .LU CA) cz CD n i a rr A rJ. �-.' . p .� I Lo IX Lo 70 CD tr, r = G no tto C— m CID Cl r F >r . r` CU CJ .c T?t' G ! rn 'a CAS CD �r 1 CD CID �? I n to a, nt �i C7 p t` - --4 T .� "T I —t M X' m Q CU N �� N 1 C LO \ C�1 Z�) rn LT ;_,, V cn • n , 0, CD