2002-006 Resun Lease Agreement for North Substation Trailer~J
RESOLUTION 06-2002
A RI?SOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACI I,
FI,ORIUA, AU77iORl"LING AND DIRECTING THE MAYOR AND VILLAGE, CLERK TO
1?N77?R INTO A LEASE AGREEMENT WITH RESUN LEASING, INCORPORATED, A
llI;LAWARi: CORPORATION, ATTACHED AS EXHIBIT "A", WHICH LEASE AGRGI;MEN"I
IS FOR 7~HE 1'URPOSF, OF SECLJRiNG A MODULAR UNIT (TRAILER) FOR USE AT THI;
1'UBL1C SAFI?TY NORTHERN SUBSTATION; AND, PROVIDING FOR AN EFFECTIVE DA7'Ii.
Bl? IT RI?SOI,VED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, PLOKIDA:
Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve
the Lease Agreement with Resun Leasing, Incorporated, attached as Exhibit "A", which lease
agreement is for the purpose of securing a modular unit (trailer) for use at the Public Safety
Northern Substation.
Section 2. 7'he Village Council does hereby authorize and direct the Mayor and Village Clerk to
execute the lease agreement with Resun, Incorporated attached as Exhibit "A" Tor and on behalf of
the Village of North Yalm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
1'ASSF.D AND AllOPTED THIS ]4th DAY OF FEBRUARY, 2002.
(Village Seai)
• VILLAGE, CLERK
LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into ,lanuarv 29.2002 (hereinafter the 'Agreement") by and between RESUN LEASING.
INCORPORATED, a Delaware corporation, with an office and place of business at 22810 Quicksilver Drive, Dulles, Virginia 20166 (hereinafte
• 'ie "lessor) and Villace of North Palm Beach, with an office and principal place of business at 501 U S Hiahwav 1 North Palm Beach F
.3408, phone # 561-841-3380, (hereinafter the'Lessee').
WITNESSETH:-
Lessor hereby leases and rents to Lessee and Lessee hereby leases and rents from Lessor, upon the following terms and conditions, ~.~
personal property (herein the "Propertf) consisting of L) 24 by 48 modular unit, serial
number(s): 8262.8263. Reuun Asset Number(s): 638.639.
1. Term. The initial term of this Agreement is 12 months commencing on 2-25- 2 and
expiring 02-25-03. Prior to the expiration of the initial term, the Lessee must provide the Lessor thirty (30) days written notice of their intent tc
cancel or extend the Agreement. In the absence of such notice the term and the Agreement will continue in full force and effect on a month tc
month basis until such written notice is received by the Lessor. The Lessor may cancel the Agreement at any time after the initial term.
2. Rental Amount. Lessee shall pay to lessor the sum of 500.00 which sum plus an amount equal to the sum o(all applicable taxes, fee;
and assessments will be due in advance starting on the commencement date outlined above and will continue to be due for the remainder o'
the term on the same day far each successive calendar month thereafter. All rental payments shall be made to the address specified on the
invoices. All rent is payable without prior notice or demand and without abatement, deduction for unused portion of the rental or Agreemen:
term, or offset of any amount for any cause.
3. Location. The Property shall be located at _ and shall not be moved without Lessors prior written consent.
4. Set-up and Freight. Delivery and installation will be performed by the Lessor on or about 2Q 25.02 and the charges as set forth below
are the responsibility of the Lessee. All upfront charges are due five (5) days after receipt of Lessors invoice covering such charges.
Delivery: 1 200.00
Pick up: 1 200.00
Steps: 530.00 oer set oer month
BIOCWLevellAnchor: 2 000.00
Teardown: 900.00
Ramps: 5175.00 oer month per ramp
5. Lessee Inspection. Upon delivery, the modular unit (trailer) shall be structurally sound, clean and in sanitary condition and usable for a
iblic safety substation. Lessee will inspect the Property and notify Lessor of any damages. The Property shall be deemed accepted unless
_essee objects in writing to Lessor within twenty-four (24) hours of delivery.
6. Lessor's Inspection. Lessor, at all times during normal business hours, shall have the right to enter upon the premises where the
Property is located for the purpose of inspection and observing its use.
Alterations. Lessee is not authorized to make any alterations without the prior written consent of the Lessor.
8. Insurance. During the term of this Agreement or any extension thereof, Lessee shall maintain in force comprehensive general liability
insurance written by a responsible insurance company in an amount not less than One Million Dollars (51,000,000) combined single limit
insuring Lessee and naming Lessor as additional insured with respect to liability against loss from injury or damage arising out of the ownership,
possession, maintenance or use of the Property. The Lessee shall also maintain property damage insurance and name Lessor as loss payee
with respect [o the Property. It is Lessee's responsibility to furnish Lessor with cunent certiticetes evidencing the effectiveness of such
insurance. Such insurance policy shall provide that any cancellation, modification or alteration shall not be effective as to Lessor unless Lessor
shall have been provided written notice at least thirty (30) days prior to the effective date of any such cencellation, modRcetion or alteration.
The Lessee may elect to have the Lessor provide such insurance coverage. The rates will be provided by the Lessor to the Lessee and will t>e
billed to the Lessee on a monthly basis. If the Lessor does not receive a certificate within forty-five (45) days after execution of this Agreement
or if such policy expires and is not renewed, the Lessor will provide such coverage on behaH of the Lessee and charge the Lessee at the
Lessors standard rates. Lessee acknowledges that is it self-insured and will maintain the self-insurance S4atus throughout the tens of the
Agreement in lieu of carrying insurance policies as referenced herein. In the event that the Village terminates its self-insurance program, Village
shall notify the Lessor and shall Immediately purchase and maintain the vadous insurance policies referenced herein.
9. Loss and Damage. Until the Property is returned to Lessor, Lessee assumes all risk of loss or damage to the Property and agrees to
indemnify and hold Lessor harmless from any loss whatsoever. Should the damaged Property be cepable of repair, this Agreement shall not
terminate, but at Lessee's cost and expense the Property shall be repaired and restored to its condition existing pdor to such damage. In the
event the Property is damaged beyond repair or Is lost, stolen or wholly desVOyed, this Agreement shall cease and terminate as to such
Property as of the date of the event, accident or occurrence causing such loss or destruction, and Lessee shall pay Lessor within ten (10) days
thereafter, an amount equal to the replacement value of the Property as of the date of the event, accident or occunence causing the loss,
damage or destruction of the Property. Lessee shall be entitled to the benefit of the proceeds from any insurance recovery received by Lessor.
~p to an amount equal to that paid to Lessor pursuant to this Section.
~. Maintenance and Return. Lessee, at its own cost and expense, shall maintain the Property and every part thereof in good operating
der, repair, wndition and appearance. Lessee is responsible for maintenance, cleaning and cosmetic appearances of all mechanical
equipment. Tha Lessee is responsible for cleaning the air conditlonino tolls quarterly and chanotna HVAC filters monthly. Cow
resultino from env damage or service reaulred due to dirty air conditionino coils or diRV filters will be paid for by the Lessee.
Inltiats: Lessors Lessee:
RESUN LEASING, INCORPORATED & V 1 4~.taGE OF NOrLT++~cv~~CO~H DATE: Z --~ "02--
Lessee shall not affix any advertising, signs or other insignia to the exterior or interior of the Property without the prior written consent of Lessor.
At the termination of this Agreement, or any extension thereof, the Lessee will be responsible for the cost of dismantling and delivering the
Property at the costs specified herein. The dismantling and return charges will be paid by Lessee to Lessor within five (5) days following the
date the Property is returned to Lessor. The Lessee will be responsible for the removal of anchors, disconnecting utilities, removal of porches
.nd decks and any other outside obstructions. The Lessee will be responsible for surrendering the Property in as good condition as upon
,riginal delivery to Lessee "normal wear and tear accepted', which would include workable items; i.e. keys, locksels, doors, windows, filing
cabinets, desk tops. plan tables, bathrooms, lights, etc.
11. Cleaning. Updn termination of the Agreement, the Lessee is responsible for cleaning, disinfecting and removing all of lessee's item -
contained in the Property. The Lessee will be responsible for the costs incurred to clean or dispose of any items leh in the Property. The
Lessor will invoice the Lessee for such charges and the Lessee will pay such invoice within five (5) days of receipt of such invoice.
12. Lessee's Default. Lessee will be held responsible to pay all monies due under this Agreement as outlined in Section 2 of this Agreement
and any attorney fees incurred by Lessor to recover any monies owed.
13. Bankruptcy. Neither this Agreement nor any interest therein is assignable or transferable by operation of law.
14. Lessee's Interest and Assignment. The Property shall remain at all times the sole Property of the Lessor. Lessee, under no
circumstances may rent, lend, sell or assign the Property to anyone without Lessors prior written consent. A consent to any of the foregoing
prohibited acts applies only in the given instance and is not a consent to any subsequent like act by Lessee or any other person. Subject to the
foregoing, this Agreement shall inure to the benefit of, and is binding upon,
the successors and assigns of the parties hereto, and any such assignment, Vansfer, pledge or hypothecation of this Agreement, the Property
or any part thereof or any interest therein, without prior written consent of Lessor shall be void.
Lessee agrees to execute such documents as requested by Lessor in order to preserve and protect the Property and Lessor's interest therein.
15. Possession and Use. Lessee shall conform and comply with all laws and regulations relating to the possession and use of the leased
Property and save Lessor harmless against actual or asserted violations and pay all costs and expenses of every character occasioned by or
arising out of the use of such Property, and shall pay promptly when due all taxes and/or other public charges against or upon the leased
Property. Said fazes shall include but shall not be limited to local personal property taxes or use taxes, where applicable. Lessee shall further
conform and comply with all laws, licenses, and registration fees, and similar charges imposed on the possession or use of the Property during
the term of this Agreement. In case any such charges shall remain unpaid, Lessor shall have the right to pay the same and charge payments to
lessee as additional rent.
16. Lessor's Assignment. Lessor may assign this Agreement and its assignee may assign same. All rights of Lessor hereunder shall be
succeeded to by any assignee hereof and said assignee's UUe to this Agreement, to the rent and other charges herein provided for to be paid,
~d in and to the Property shall be free from all defenses, setoffs or counterclaims of any kind or character which Lessee may be entited to
assert against Lessor, it being understood and agreed that any assignee of lessor does not assume the obligations of Lessor herein named.
17. LATE CHARGE. Should Lessee tail to pay any part of the Rent herein reserved or any other sum required by Lessee to be paid to or for
the benefit of Lessor within ten (10) days aher the due date, Lessee shall pay to Lessor interest on such delinquent payment, computed from
the date first due until paid. at an annual percentage rate of interest of 18% or the highest legal rate permitted by the laws of the State of Florida.
18. Binding Effect. This Agreement constitutes the legal and binding obligation of the Lessor and Lessee only upon execution of this
Agreement by authorized representatives of each party. No other contract, consideration or stipulation modifying or changing the tenor hereof
shall be recognized as binding unless approved in like manner. The party executing this Agreement on behaH of the Lessee hereby represents
and warrants that he or she has the necessary power and authority to bind the Lessee to the obligations contained herein.
19. Miscellaneous. All rights of Lessor hereunder shalt inure to the benefit of Lessors successors and assigns and all obligations of
Lessee's shall be binding upon Lessee's heirs, administrators, executors, successors or assigns.
20. `In any litigation between the parties in regards to this Lease Agreement, the prevailing party in such litigation shall be entitled to recover
from the non-prevailing part a reasonable attorney's fee and all costs of litigation, both at the Dial and appellate levels.'
21. Lessor's default. 'If lessor defaults in the terms and provisions of this agreement ,lessor agrees to indemnify and save and hold Village
of North Palm Beach, its council, its employees and agents, harmless of and from any and all claims, costs, losses, and damages pursuant to or
as a result of this agreement, which indemnification shall include, but not be limited to , a reasonable attorney's fees and all costs in Village
defending itself both at the trial and appellate levels"
IN WITNESS HEREOF, the parties hereto have duly executed this Agreement on the date set forth below.
LESSOR: RESU SIN C P RATED LESSEE: Vl~ldge Of North oe l BedCh
By: iY! By:
Name. rdonNimmo Name: David R Norrie
Territory Manager Title: MdyOr
ate: 07' 7-~a Date: 2/19/02
E-mail:
ALL RIGHT, TITLE AND INTEREST OF RESUN LEASING, INCORPORATED ("RESUN LEASING") HEREUNDER HAS BEEN PLEDGED
TO, AND IS SUBJECT TO THE SECURITY INTERESTS OF BT COMMERCIAL CORPORATION, AS AGENT, PURSUANT TO THAT
CERTAIN AMENDED AND RESTATED CREDIT AGREEMENT, DATED AS OF SEPTEMBER 26, 2000, AMONG RESUN LEASING, BT
RESUN LEASING, INCORPORATED 8 y.![-LV(~~ pF N • Po~M. _pCOCH DATE:?'-J- p2.
COMMERCIAL CORPORATION, AS AGENT, AND THE LENDERS FROM TIME TO TIME PARTY THERETO, AS AMENDED, RESTATE[
OR OTHERWISE MODIFIED FROM TIME TO TIME. RESUN LEASING SHALL HAVE NO RIGHT TO TRANSFER ITS RIGHT, TITLE OF
INTEREST HEREUNDER TO ANY PARTY EXCEPT PURSUANT TO AND IN ACCORDANCE WITH THE PROVISIONS OF THE
RELEVANT CREDIT DOCUMENTS.
•
•