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John Deere Financial Lease - 7/ 19 /f Z Ca Cr JOHN D EERE Lease Schedule FINANCIAL Lease 'Schedule No: _ 020- 0057502 -002 Master Lease Agreement ;No. , 0057502 ::Lessee: CITY OF MIAMI BEACH DBA NORMANDY SHORES GOLF CLUB .(Name$Ad&ess) ;: 1700 CONVENTION CENTER DR, , MIAMI BEACH, FL 33139 DEERE CREDIT, INC. 6400 NW 86 ST, PO BOX 6600, JOHNSTON, IA 50131 -6600 LEASE TERM Lease Term Start Lease Term Erid Total Lease - - Purchase - 013 Date- Date -- # -Of Payments -- Lease Payment Sales /Use Tax f ' - "Payment P i 09/15/2012 09/15/2016 48 $8,567.48 $0.00 $8,567.48 SEE D &A CERTIF ADV PA YMEN T TERMS 1 ` Payment Due * *$SEE ADV -' Due Date Date Discount Rate flCr'VCl1ZC2 LeL e PClyment' PAYMT INVOICE 15 09/15/2012 Internal Rate of Return minus 2 percent (2 %) 'i: "Documentation "Fee.: -: ,;_ w $SEE ADV PAYMT INVOICE Billing : Period -_ I�'T'e�llar Pwhi entS - Security Deposit, . $SEE ADV PAYMT INVOICE ® Monthly Total Due:At Signing $SEE ADV PAYMT ❑ Quarterly INVOICE ❑ Semi - Annual ❑ Annual O Irregular "Master Agreement" shall mean the above referenced Master Lease Agreement. "Schedule' shall mean this Lease Schedule,' "Lease' shall mean this Schedule subject to the terms of the Master Agreement. This Schedule is governed by and entered into pursuant to 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. Lease Payments Remit the Lease Payments (and applicable sales, use (4) the Equipment shall be used only for the purpose indicated herein; (5) all and property taxes) and all other amounts when due to: DEERE CREDIT, information provided to us by you is true and correct. INC., P.O. Box 4450, Carol Stream, IL 60197 -4450. You acknowledge and agree that: (1) we did not select, manufacture or Hourly Charges You certify that the hour meter reading on each Item of supply any of the Equipment; (2) we acquired the Equipment at your direction; Equipment is accurate as of the date you sign this Schedule. If you use (3) you selected the supplier of the Equipment; (4) you are entitled to all any Equipment during the Lease Term for more than the Hourly Limit manufacturer warranties ( "Warranty Rights ") and we assign all Warranty Rights indicated above for that item, you will pay to us within 10 days of the to you, to the extent assignable; (5) you may request an accurate and complete expiration of the Lease Term End Date (or any earlier termination of the statement of the Warranty Rights, including any disclaimers and limitations, Lease) an amount equal to the Excess Hour Charge for that Item for each directly from the manufacturer; and (6) you assign to us all your rights (but none hour in excess of the Hourly Limit. If the Lease is terminated, cancelled of your obligations) under all purchase orders, purchase agreements or similar or extended for any reason, the Hourly Limit will be prorated by us in our documents relating to the Equipment. You waive all rights and remedies sole discretion. conferred upon a lessee under Article 2A of the Uniform Commercial Code. Representations and Warranties You represent and warrant to us, as Time Price. You understand that the Equipment may be purchased for cash of the date you signed this Schedule, that (1) the Equipment was selected or it may be purchased pursuant to the terms of this Schedule for a Time Price by you; (2) the safe operation and the proper servicing of the Equipment equal to the sum of (1) all Lease Payments due and to become due hereunder, were explained to you; (3) you received the written warranty applicable to (2) the Documentation Fees, and (3) the Purchase Option Price. By executing the Equipment and understand that your rights under the written warranty this Schedule, you have chosen to purchase the Equipment for that Time Price. may be limited; You and we intend to comply with all applicable laws. In no event will we charge or collect any amounts in excess of those allowed by applicable law. In the event any amount in excess of that allowed by law is charged or recovered, any such charge will be deemed limited by the amount legally allowed and any amount received by us in excess of that legally allowed will be applied by us to the payment of amounts legally allowed under the Master Agreement or this Schedule, or refunded to you. Lease Schedule - Equipment List "Supp,ler SHOWTURF, LLC `(Name -B Address }` 1365 NEPTUNE DRIVE, BOYNTON BEACH, FL 33426 EQUIPMENT • ' • . Make Model Hour jip1 Hour Excess Payment 'Purchase Year Equipment Description: Scrial Number Meter ; L cnarge option. unit 2012 JD 2030A PRO GATOR UTILITY VEHICLE 1TC203ATACT060096 600 /YR $7.50 /HR $358.23 SEE CERTIF SELECT SPRAYER 300 GALLON SEE D &A 201 JD HD300 TANK W/ FALCON FGF11 COVERED 1TC300GXHCT040012 $374.94 CERTIF _ BOOM S/N 507212 2012 JD 2020A PRO GATOR UTILITY VEHICLE 1TC202ATACT060416 600 /YR $7:50 /HR $357.33 SEE D &A CERTIF 2012 VIC 4 0 3 VICON FERTILIZER SPREADER VN2020201787 $70.07 CERT &F 2012' JD 2020A PRO GATOR UTILITY VEHICLE 1TC202ATPCT060411 600 /YR $7.50 /HR $358.73 SEE D&A. CERTIF 2012 JD TURF UTILITYVEHICLE 1 MOTU RFJJCM080079 600 /YR $2.50 /HR $133.48 CERTIF 2012 JD TURF UTILITY VEHICLE 1MOTURFJPCM080080 600 /YR $2.50 /HR $133.48 CERT &F 2012 JD TURF UTILITY VEHICLE 1MOTURFJCCM080097 600 /YR $2.50 /HR $133.48 CERTIF 2012 JD TURF UTILITY VEHICLE 1MOTURFJHCM080073 600 /YR $2.50 /HR $133.48 CERTIF 2012 JD TX UTILITY VEHICLE 1MOTURFJKCM080078 600 1YR $2.50 /HR $133.48 SEE D &A TURF CERTIF 2012 JD 1200H HYDRO BUNKER / FIELD RAKE 1TC1200HJCT050052 600 /YR $2.50 /HR $231.08 SEE D &A CERTIF 2012 JD 1200H HYDRO BUNKER / FIELD RAKE 1TC1200HKCT050048 600 /YR $2.50 /HR $231.08 SEE D&A CERTIF 2012 JD 2500E HYBRID RIDING GREENS MOWER 1TC25EHGACT060508 600 /YR $7.50 /HR $432.31 SEE D &A CERTIF 2012 JD 2500E HYBRID RIDING GREENS MOWER 1TC25EHGCCT060496 600 /YR $7.50 /HR $432.31 SEE D &A CERTIF 2012 JD 2500E HYBRID RIDING GREENS MOWER 1TC25EHGHCT060513 600 /YR $7.50 /HR $432.31 SEE D &A CERTIF 2012 JD 2500E HYBRID RIDING GREENS MOWER 1TC25EHGKCT060504 600 1YR $7.50 /HR $432.31 SEE D &A CERTIF 2012 JD 2500E HYBRID RIDING GREENS MOWER 1TC25EHGCCT060537 6001YR $7.50 /HR $487.91 SEE D &A _ CERTIF 2012 JD VERT SET OF VERTICAL CUTTING UNITS VERTCUTT1 $93.74 SEE D &A X3 2500E CERTIF 2012 TRU TR -66 TRU-TURF TRIPLEX ROLL N 11337 $86.48 SEE D &A SPIKER HEADS CERTIF 2012 AMT T2500 AGRIMETAL TRIPLEX GREENS 31435 $71.14 SEE D &A ROLLER HEADS' 2012 WDL SUPE WIEDENMANN MULTI - PURPOSE 270AB2111 $499.83 SEE D &A R 500 SWEEPER / VERTICUTTER CERTIF 2012 JD 8800 ROUGH MOWER 1TC880OXTCT050259 600 /YR $7.50 /HR $759,22 SEE D &A CERTIF 2012 JD 7500 PRECISION CUT FAIRWAY MOWER 1TC750OXCCT050118 600 /YR $10.00 /HR $833.51 SEE CERTTIF IF . " 2012 JD 7500 PRECISION CUT FAIRWAY MOWER 1TC750OXHCT050116 600 /YR $10.00 /HR $833.51 SEE D &A CERTIF 2012 JD VERT SET OF VERTICAL CUTTING UNITS VERTCUTT2 $166.27 SEE D &A X5 7500 CERTIF 2012 DKA C4112 DAKOTA PULL BEHIND TOP 41020212 $242.11 SEE D &A DRESSER CERTIF 2012 BFL KB4 BUFFALO DEBRIS BLOWER 20422 $115.66 SEE D &A E CERTIF Equipmenf ; 1700 CONVENTION CENTER DR, MIAMI BEACH, FL, 33139 OUTSIDE city limits: ❑ MIAMI COUNTTY Y - Location -.: `- BY;.SIGNING.'THIS'SCHEDULE, YOU "AGREE TO ALL OF THE_TERMS AND CONDITLONS.OF..THIS SCHEDULE, SUBJECT TO THE TERMS AND- CONDITIONS-OF THE MASTER AGREEMENT. CITY OF MIAMI BEACH DBA NORMANDY DEERE CREDIT, INC. SHORES GOLF CLUB 6400 NW 86` ST, PO BOX 6600 1700 CONVENTION CENTER DR M JOHNSTON, IA 50131 -6600 MIAMI BEACH, FL 33139 By: �. 4 i /cam By: - MATTI HE ERA BOVV R , MAYOR Dater Title: Date: ATTEST APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Da City AUOMC �,,, y JOHN DEERE Equipment Return Provisions FINANCIAL Le ' as e_Schedtale No. 020- 0057502 -002 Master Lease Agreennent 0057502 Lessee: ` CITY OF MIAMI BEACH DBA NORMANDY SHORES GOLF CLUB .,(Name &.Address) = -' 1700 CONVENTION CENTER DR, , MIAMI BEACH, FL 33139 DEERE CREDIT, INC. ' Lessor' `, m . ...... ....... 6400 NW 86 ST, PO BOX 6600, JOHNSTON, IA 50131 -6600 The following Equipment Return Provisions are hereby incorporated into and made a part of that certain John Deere Master Lease Agreement No. 0057502 (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 proper B. Unclean condition of operator environment. working order. C. Holes, tears, or burns on the dash, floor covers, seats, B. Mechanical components that are missing, broken or unsafe or that do not headliners, upholstery or interior. operate normally, other than normal tune -ups, given the age of the 4. General equipment. A. Equipment not operated or maintained in accordance with C. Wear on power train assembly that exceeds manufacturer's then current the manufacturer's specifications or if components, fuels or standards for normal wear and tear. fluids, on or in connection with the Equipment that do not D. Any air filters not within manufacturer's specifications. meet manufacturer's standards were used. E. Any gauges or fluid indicators that are damaged or do not function, the B. Any other damage that in the aggregate costs $250 or more electrical system fails to operate properly, the battery fails to hold a charge to repair or that makes the Equipment unlawful or unsafe to or any wire harnesses that are not tied down and kept secured, dry and operate. clean. 5. Other F. Any pumps, motors, valves or cylinders not in good operating condition or A. All warranty and PIP work must be completed prior to the that fail to meet manufacturer's rated specifications or hydraulic system Termination Date of the Lease Schedule relating to the exceeds manufacturer's then - current contaminant standards (as shown by Equipment. oil sample analysis). Equipment not serviced according to the B. The Equipment must be cleaned prior to its return. manufacturer's operating manual. 6. Hour Meter For each item of Equipment returned with a G. Any lubricant, water or A/C seal leaks. broken or missing hour meter, you shall accept an invoice from 2. Exterior us and remit to us an amount equal to $1,000. You agree that A. Dents larger than 2 inches in diameter. the hour meter included with the Equipment is conclusive of the B. , Excessive number of dents or scratches. number of hours of Equipment use. 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 chips within Equipment, we 'shall, in our sole discretion, determine the one square foot. existence of any Excessive Wear and Tear. In the event any E._ Substandard paint repairs, such as peeling, bubbling or mismatched item of Equipment is returned to us with Excessive Wear and shades that evidence poor condition in comparison with original paint and Tear, you shall, at our sole discretion, either (i) accept an invoice require repainting at a cost in excess of $200. from us and remit to us the cost of repairing or replacing the F. Rust holes in the body metal or a rust spot that covers more than a 4 -inch affected component(s) which we determine necessary to return square area. the Equipment to its required condition, and /or (ii) accept an G. Any glass that must be replaced due to cracks or missing -.glass and any invoice from us and remit to us an amount equal to our estimate windshield damages greater than $50 in amount. of (1) the cost of new tires or tracks if the tires or tracks are H. All frame damage and substandard frame repairs. damaged due to broken side walls or excessive cuts or damage, I. Any tires or tracks that (a) have broken side walls or excessive cuts or or (2) the cost of new tires or tracks multiplied by the difference damages, or (b) have less than 50% of the original useful life remaining, or between (A) our estimate of the percentage of the useful life of (c) are not of the same size, type grade or equivalent quality manufacturer the tires and tracks then remaining, and (B) fifty percent (50 %). as were originally included on the Equipment. For example, if you return Equipment with tires having 20% of 3. Cab /Operator Platform their useful life remaining, you would remit to us an amount A. Heavy interior soil or strong odors, such as manure, that cannot be equal to 30% of the cost of new tires ((50% - 20 %) multiplied by removed by general cleaning. the cost of new tires). Your failure to remit the required payment to us within ten (10) days of demand shall constitute a default by you under the terms of the Lease. CITY OF MIAMI BEACH DBA NORMANDY SHORES DEERE CREDIT, INC. GOLF CLUB 6400 NW 86 ST, PO BOX 6600 1700 CONVENTION CENTER,DR • - JOHNSTON, IA 50131 -6600 MIAMI BEACH, FL 33139 a By: By' MAT H E BOW AYOR Date: Title: Date: APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ATTEST (I -t3 City Attomey@�)G- Date JOHN DEERE Delivery and Acknowledgment PtINAN IAI_ Lease_ Schedule No: 020- 0057502 -002 Master Lease AgreemeriYNo. 0057502 CITY. OF MIAMI BEACH DBA NORMANDY SHORES GOLF CLUB (Name & " Address) .: 1700 CONVENTION CENTER DR, , MIAMI BEACH, FL 33139 'le or: - DEERE CREDIT, INC. ...;::. 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. Purchase Option Provided (1) you are not in default; (2) we receive all amounts you owe us on or before the Lease Term End Date, on the Lease Term End Date, we will transfer to you all of our right, title and interest in such Item(s) of Equipment AS -IS, WHERE-IS, WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE. The Purchase Option for the Equipment listed in the Lease Schedule is $_N /A_ per Equipment listed. Signed by Lessee's duly authorized representative on the date shown below. CITY OF' MIAMI BEACH DBA NORMANDY DEERE CREDT'r, INC. SHORES GOLF CLUB _ 6400 N.W.86 STREET, PO BOX 6600 1700 CONVENTION CENTER DR JOHNSTON, IA 50131 -6600 MIAMI BEACH, FL 33139 By: By. MATTI HE RERA BOWER, MAY R Date: Title: Date: ATTEST APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Att � Date