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John Deere Rental AgreementJOHN DEE Rental # 05099812 RE RENTAL AGREEMENT priginal Name LESSEE MIAMI SHORES COUNTRY CLUB DATE Sep 27, 2017 RENTAL TERM BEGINS Oct . , 2017 12017 Street or RFD 10000 $ISCAYNE BLVD Purchaser Acct No Customer P.O NO ACCOUNT NO. 01643,5 FENOS ovemment Bad No. City, ST Zip Code MIAMI SHORES, FL 33138 LESSOR NAME AND ADDRESS EVERGLADES EQUIPMENT GROUP Telephone Num bar 5.795 -2366 1365 Neptune Drive eP 61 r OMOVA440 Stock Contact Boynton Beach, FL 33426 Percentage or Rental Payments Applied to Purchase Option: 70.00 % Security Deposlt : S 0.00 Maximum Hours No More Than: Per Day Maximum Hours No More Than: Per Week Maximum Hours No More Than: Per Month 1 = Estimated Rental ChaMe Rental Rate x Estimated Rental Period 1 4400211 t CD83426 b 1,00000 + Itemized Fees $15.000 00 $ 000 Sates $7500 County S 1250 + Service Charge $ 000 + Additional Charges S250,00 Additional Charges Subtotal 3 337.50 Total Rental Charge Primary Insurance Name and Address $1,337.50 If unit is purchased while still on site. 70% of the rental charges wal go towards the purchase price of 515,000.00. Less the delivery charges. EQUIPMENT WILL BE USED AT: (Name) (Address) Lessee "I not remove the Equipment from this Location wlthout written permission from Lessor (City) StateMrovince IZIP Code) County (Phone Number) Doc Ref No. Qty Model Size & Description of Equipment How Mete r n. Rental Guaranteed Present Value % THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT ON THE FOLLOWING PAGES HEREOF, ALL OF WHICH ARE HEREBY MADE A PART OF THIS RENTAL AGREEMENT, (Give Product Identification No.) Reading By Lessee 61 r OMOVA440 Stock 1 440 Top Dresser 1 4400211 t CD83426 $ 1,{00.00 $15.000 00 0.00 Rental Role Par eek 500.00 fiiil. Rental .00 Period Primary Insurance Name and Address Additional Insured Name and Address S 15,000 00 147=6 Insurance Loss Payee Name and Address EVERGLADES EQUIPMENT 1365 Neptune Drive Boynton Beach, FL U5 v"X* PURCHASER TYPE MARKET USE 1 Commercial 94 Golf Courses LESSEE(Custamer) LESSOR(Dealer) MIAMI 51,101175 COUNTF THORNUAVID BY THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT ON THE FOLLOWING PAGES HEREOF, ALL OF WHICH ARE HEREBY MADE A PART OF THIS RENTAL AGREEMENT, Page 1 of 4 customers In!"s —4 w Date 3Ip. —. Quote Id :16136288 Renal X: CIS099812 Customer Name: MIAMI SHORES COUNTRY CLUB RENTAL AGREEMENT 1. General. The above-named Lessor hereby leases to the above Lessee agrees to use and care for the Equipment in a careful and named Lessee the equipment listed herein ('Equipment') for the prudent manner, to pay all operation and maintenance expenses while term and with the rental payments set out above Rental payments the Equipment Is out of the possession of Lessor, and to make, at shalt be made to Lessor at the address shown above or to such Lessee's sole expense, any and all repairs. Lessee agrees (a) to not other person and address as Lessor may direct from time to time move the Equipment to another county or state without notifying Lessor Lessee will pay the cost of transporting the Equipment from Lessor's within 30 days, (b) to operate and maintain the Equipment In place of business and returning it thereto. Such transportation shall accordance with all (1) laws, ordinances and regulations, (2) manuals take place during the term hereof. Lessee agrees to remit to Lessor and other Instructions issued by the manufacturers) and suppiler(s), the rental payments and all other amounts when due and payable, and (3) Insurance policy terms and requirements, (c) to perform (at even If Lessor does not send Lessee a bill or an invoice. Lessee Lessee's expense) all maintenance and repairs necessary to keep the agrees that any amount due under this Rental Agreement, may, if Equipment in as good a condition as when delivered to Lessee, specified above, at the option of the Lessor, be submitted by Lessor reasonable wear excepted; (d) to not Install any accessory or device on as a charge authortzed by Lessee to the PowerPian or Farm Plan the Equipment, unless It can be removed without damaging the account of Lessee, and Lessee agrees that the terms of that account Equipment or in any way affecting the value, useful fife, or originally shalt thereafter apply to any accepted charges. For any payment Intended use of the Equipment; (e) to not represent the Equipment as which Is not received by its due date, Lessee agrees to pay a late owned by Lessee or to pledge the Equipment as collateral to any charge equal to 5% of the past due amount (not to exceed the lender or other party, (1) to load, unload, transport, and secure for maximum amount permitted by law)as reasonable collection costs, transport, in accordance with all laws. (g) to acquire or purchase all plus Interest from the due date unlit paid at a rate of 1.5% per month, proper permits in compliance with all federal and state traffic law but In no event more than the maximum lawful rate Restricbve Uponany expiration or termination of this Rental Agreement, all endorsements on checks Lessee sends to Lessor will not change or Equipment shall be returned by Lessee at Lessee's safe expense and reduce Lessee's obligations to Lessor If a payment Is returned to in satisfactory condition, along with all use, maintenance and repair Lessor by the bank for any reason, Lessee agrees to pay Lessor a records Equipmentis in satisfactory condition If it Is in as good a fee of S25.00, or the maximum amount permitted by law, whichever condition as when the Equipment was delivered it to Lessee, is less. Rental payments and other payments may be applied, at reasonable wear excepted, and conforms to any maintenance Lessors discretion, to any obligation Lessee may have to Lessor or standards Incorporated into the Rental Agreement. If, upon Its return to its assignee or any affiliate of Lessor or its assignee If the total Lessor, the Equipment is not in such good condition, Lessor may repair of all payments made during the rental temp exceeds the total of all it and Lessee will pay the cost of any such repairs at Lessors regular amounts due under the Rental Agreement by less than $25, Lessor shop rates. If Lessee falls to return the Equipment promptly upon any may retain such excess. Rental terms and conditions from all expiration or lermination of this Rental Agreement, additional rent shall Invoices, monthly statements, or other agreements between Lessor be payable by Lessee for each day the Lessee remains in possession and Lessee are hereby Incorporated into this Rental Agreement. of the Equipment, in an amount prorated a lone and one -half times the LESSEE'S PAYMENT OBLIGATIONS ARE ABSOLUTE AND normal rental payment amount. Lessee agrees to keep the Equipment UNCONDITIONAL, AND ARENDT SUBJECT TO free and Gear of flans and encumbrances,except those In Lessor's CANCELLATION, REDUCTION OR SETOFF FORANY REASON favor, and promptly notify Lessor if a lien or encumbrance is placed or WHATSOEVER. threatened against the Equipment. The Equipment may be equipped with lelematics hardware and software ( "Telematics') that transmit data 2._5ecurily DeSiosll, Any Security Deposit will be held by Lessor In to Lessor, John Deere, or other John Deere dealers Lessee agrees a non - Interest bearing account, commingled with other funds Lessor that Lessor, John Deere and other John Deere dealers (their affiliates, may apply th a Security Deposit to any amounts due under the Rental successors and assigns), without further notice to Lessee have the Agreement and, If Lessor does so, Lessee agrees to promptly remit right to (1) access, use, collect and disclose any data generated by, to Lessor the amount necessary to restore the Security Deposit to collected by, or stored in, the Equipment or any hardware or devices the original amount The Security Deposit will be returned to Lessee Interfacing with the Equipment ('Machine Data "); (ii) access Machine within thirty days of termination of the Rental Agreement and final Data directly through data reporting devices Integrated vAthin, or inspection by Lessor, provided Lessee Is not in default attached to. the Equipment, including Telematics (`Data Reporting Syslarne); and (iii) update the Data Reporting Systems software from 3 Equipment Use LESSOR HAS NOT MADE, AND DOES NOT time to time Machine Data may be transferred out of the country MAKE, ANY REPRESENTATION OR WARRANTY, EXPRESS where it Is generated, Including to the U.S.A. In the event that the OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY, Machine Data includes Lessee's personal Information, Lessee hereby FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, OR consents to the collection, use and disclosure of such personal OTHERWISE. Lessor Is the owner of the Equipment and the Lessee Informationr to permit Lessor, John Deere and other John Deere has only the right to use the Equipment under the terms of this dealers to access and use the Machine Data asset forth herein Rental Agreement You agree to USE THE EQUIPMENT ONLY Lessee warrants that It has obtained any necessary consent from Its FOR AGRICULTURAL, BUSINESS OR COMMERCIAL PURPOSES employees or any other third parties, Including with respect to the AND NOTFOR PERSONAL, FAMILY OR HOUSEHOLD transfer of Machine Data to other jurisdictions, to comply with any PURPOSES applicable privacy laws or contractual agreements with such employees N ` r or third parties and to pemmt Lessor. John Deere and otter John Deere dealers to access and use the Machine Data as set forth herein won Lessee shall not use the Data Reporting Systems to track the location The additional rent for excess hours of any person unless Lessee has first obtained any necessary shall be paid at the time the Equipment Is returned or, if the approvals from such person to permit Lessee, Lessor, Jahn Deere and Equipment Is rented for more than thirty days, on the first day of the other John Deere dealers to track such location. Lessee shall not month following such use. If there Is an hour meter fumished,Lessee remove, modify or disable any Data Reporting Systems without agrees to keep It connected to the Equipment and In good working Lessor's prior written consent. condition at all times and 11 is to be used as the conclusive basis of the number of hours or operation Lessee agrees to affix and maintain, in a prominent place on the Equipment any labels, plates or other markings Lessor may provide Lessee agrees to pay $_ if the hour meter is damaged or rendered inoperative during the term of this Rental Agreement Lessee shall indemnify Lessor against all loss or damage to the Equipment while It is out of Lessors Possession Damage to the Equipment, shall not abate or excuse ' the making of prescribed rental payments Page 2 of 4 Customers lNtie's Data Quote Id :16136289 Rental #: 05099812 Customer stomer Name : MIAMI SHORES COUNTRY CLUB RENTAL AGREEMENT 4. Risk of Loss. Lessee unconditionally assumes all risk and liability for, all damages for injuries or death to person and property arising out of or related (whether directly or indirectly) to the use, rental, possession or transportation of the Equipment including any claims Lessor was negligent, failed to warn Lessee of any risks or dangers associated with use, possession or transportation of the Equipment failed to assist Lessee load, unload, transport or Inspect the Equipment before, during or after the Tenn of Lease Lessee's obligation to insure the Equipment continues until Lessee returns the Equipment to Lessor and Lessoraccepts It. Neither Lessor, Its assigns, the wholesale distributor nor the Manufacturer shall be liable for any special, incidental, consequential or punitive damages which may result from any failure or use of the Equipment or for breach of this Agreement. Until the Equipment is returned to Lessor in satisfactory condition, Lessee Is responsible for all risk of loss and damage, loss, theft, destruction or seizure of the Equipment. Lessee must promptly notify Lessor of any such event. In the event of any loss or damage to the Equipment, Lessee agrees to promptly repair or replace the Equipment to Lessor's satisfaction, at Lessee's sole cost, and the terns of the Rental Agreement will continue to apply throughout the Rental Agreement term. S. per. Upon expiration of the term of the Rental Agreement or at any time during such term, and provided Lessee Is not In default, Lessee may elect to purchase the Equipment for the "Total Present Value" shown above (plus applicable taxes, Including estimated property taxes) and may apply to such purchase price the percentage specified above of all rentals therefore paid. Such election shall be evidenced by execution of a purchase order form supplied by Lessor, together with payment of the remainder of the purchase price in cash or settlement for the Equipment in some other manner agreed to in writing by the parties Lessor has not made and does not warrant, represent, or otherwise make any promises related to financing the purchase price of the Equipment. Lessee is solely responsible for securing the purchase price of the Equipment. Upon receipt of the remainder of the purchase price, we will transfer to you all of our right, title and Interest in the purchased equipment AS -IS, WHEREIS, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. The terms of the Rental Agreement continue prior to any final transfer of Lessor's right, title and interest in the purchased Equipment Including Lessee's agreement to make timely rental payments. 5. 1ndWmn1&AJJQn. Lessee Shall be solely responsible for all losses damages, injuries, death, suits, actions, claims, attorneys' fees and costs, ( "Claims "), Incurred or asserled by any person, in any manner related to the Equipment or the use, rental, possessionir thereof including any Claims Lessor was negligent Lessee agrees to paled, defend and indemnify and hold Lessor harmless, from and against all Claims of any kind or nature j� whatsoever, I Lessee will promptly notify Lessor of all Claims made lessee's liability under this Section Is not limited to the amounts of Insurance required under this Rental Agreement. This indemnity commences upon the Rental Terre Begins an Date of this Rental Agreement and continues beyond the termination of this Rental Agreement, for acts or omissions, which occurred during the Rental Agreement term. Lessee waives all rights and remedies conferred upon a lessee under Article 2A of the Uniform Commercial Code Page 3 of 4 7. Addition of Accessorise: Lessee will not, without the express written consent of Lessor. Install any accessories or devices on the Equipment If such installation will Impair the originally intended fundon or use of the Equipment. AS accessories or devices affixed to the Equipment shall automatically become the property of Lessor unless such accessory device can be removed without in any way (a) diminishing the value of the Equipment, or (b) affecting the originally Intended function or use of the Equipment. Any damage to the Equipment caused by the removal of such accessories or devices shall be promptly repaired at Lessee's sole expense to the satisfaction of the Lesser. 8. Comollance with Regulatlans: Lessee shall comply wilh and conform to all laws and regulations relating to ownership, possession, use, transportation and maintenance of the Equipment. If applicable law requires tax returns or reports to be filed by Lessee, Losses agrees to promptly file such tax returns and reports and deliver copies to Lessor. Lessee agrees to keep and make available to Lessor all tax returns and reports for taxes paid by Lessee. If applicable, Lessee shall include the Equipment in its rental fleet for emissions reporting purposes and shall accurately prepare and file all such reports In a timely manner. 9. Insp2cticn: Lessee shall, whenever requested, advise Lessor of the exact location of the Equipment. Lessor and its representatives may, for the purpose of Inspection, at all reasonable times, enter upon any Job, building or place where the Equipment Is located. 10. ®85Earimont: Lessor may, without notice to Lessee, assign this Rental Agreement and all of Lessor's rights in and to the Equipment and all rents due or to become due to Lessor hereunder. Lessee's obligation to pay rent under this Rental Agreement shall not as to any such assignee be subject to any diminution arising out of any breach of any obligation hereunder or other tlabllity of Lessor to Lessee. Lessee may not assign this Rental Agreement, sub -lease or allow anyone other than Lessee's employees to use the Equipment. Lessee agrees not to assert against Lassoes assignee any claims, offsets or defenses which Lessee may have against Lessor. 13. Default if (a) Lessee shall (1) fail to make rental, service, or other payment when due, (2) attempt to sell or encumber the equipment, (3) cease operating, (4) Institute or have Instituted against him proceedings under any bankruptcy or Insolvency law, (5) make an assignment for the benefit of creciltors, (6) fall to comply with any other provisions of this Rental Agreement, (7) merge with or consolidate into another entity; (8) sell substantially all Its assets. (9) dissolve or terminate its existence; (10) use the Equipment In a mariner Lessor deems Is Improper or unreasonable, or (11) Lessee (0 an individual) dies, or if, (b) any attachment, execution, writ of process is levied against the Equipment or any of Lessee's property, or if (c) a default occurs under any other agreement between Lessee (or any of Lessee's affiliates) and Lessor (or any of Lessor's affiliates); or if (d) for any reason Lessor deems itself Insecure or the Equipment unsafe; or if (e) Lessor, In Its opinion, deems Lessee's financial condition unsatisfactory lessor may determine that Lessee Is in default (An "Event of Default "). Cusmmera htltie Data ' Qages W; 1613i2i9 Rental 111.00000$12 Cu�r Harris: M(AMf SHORES COUNTRY CLUB RENTAL AGREEMENT IL jam: Upon ft oeaammos of an Event of Default. Lessee shall (a) deliver the Equlprbnt to Leaser on demand and Lessor may enter upon any job, bulding or plots whore the Equipment is located and take possession thereof without notice to Lessee, and this Rental Agn mmaq shall thereupon laminate and be forfeited at the option of Lessor (b) AS LIQUIDATED DAMAGES FOR LOSS OF BARGAIN AND NOT AS A PENALTY, pay the sum of (1) eA rent and other amounts then due and payable to Lessor; plus (8) the present value of all remaining rent payments and other arohads, discounted at the rate Implicit in this Rants! Agreement. (c) pay damages for any Injury to to EgtipmenL legal expenses (including, without lkNfatlon, court costs and attorneys fees). On cost of any repossession and/or removal of the Equipment frown the possession of Lessee, and all halght storage, transportation and other charges Incurred In such removal and return to Lessor at Its place of txj*mm. Upon the occurrence of an Event of Default. Lessor may also exercise any other remedy available at law or In equity. These remedies are cumulative, are in addition to any cheer remedies provided for by law. and may be exercised concurrently or separately at any time. No delay In, or !allure to, exercise or enforce arty right or remedy hereunder. whether In wide or In part shall serve to waive, compromise, Inpaln or diminish any such rights or remedies. 13. S110MIG fdl4O: This Is an agreement for Equipment rental only and noWng herein shall be construed as conveying to Leases any right, We or Interest In or to any item of Equipment coded hereunder except as a Loam, This Rental Agreement supersedes and replaces all prior understandings and communications (oral or written) concerning the st"ad mater themor. In the event of an ambiguity in or dispute regarding the interpretation of this Rental Agreement Inlerpeatbn shat not be resolved by any rule Providing for Interpretation agalW the party who causes the uncertainty o exist or agaimit the drafting party. If a court finds any Pert of till Rectal Agreement to be Invalid or unenforceable, to remainder of this Rental Agreement will remain in effect. Lessee Panache Lessor to moNior and record telephone conversations between Lessee and Lessor. 14. Guararrtrd Rental _ Ralum of o lament: Provided she guaranteed rental shown on the reverse side Is of has been paid Lessee may ream to Equipment and terminate this Rental Agreement on hee days' notice to Lessor. In the event such termination occrxs Prior to the expiration of the rental Agreement term. Lessee agrees to (a) pmnpty deliver the Equupment to Lessor at the time and place Lessor dxx ses. and (b) pay to Lessor the remainder of at renal payments for the Minimum Rental Period Guaranteed by Lessee, which sal at be immediately due and payable. If this Rental Agreement Is terminated or arty reason and Lessee does not return the Equipment to Lessor. Lessee agrees to rams to Lessor. until such time as the Equipment is returned to Lessor in eaoordance with the provisoes of this Section, additional kme Payments each month equal to Rental Rate, or Its monthly equivalent. 2 R.plseamen ' Lessor nay. at Lessors option, replace the Equipment with a skrifar machine at any time during the rental term. Lessor will notify lessee t Lessor Irdends to exercise this option, and Lessee will have twee (3) business days following such notice in which to axerrese the Purchase option Provided In this Lem or return the Equipment to Lessor. Upon ratan of Me Equipment to Loam. to rental term hereunder shall tarninea, and sa Pelves Will enter Into a now original Renal Agreement covering st0 replaeamenl machine. Such now Renal Agreement shel extend, at a edntmum, for tie remainder of this Rental Agmemerhre renal term and shall have a renal as no greater than the ate for rental of the Equipment hereunder. Lessee represents, warrants and covenants to Lessor so"as this Rental Agreement Is in egad, that (a) exarxrbn, delivery and Performance by you of tds Rental Agreement does not and will not (1) violate any apptcWe law; (2) breach any order of teat a other governmental agency, or of any undertaking Lessee Is a party to or by which Lessee Is bound; (b) Leases will comply with at applicable laws, ordinances and regulation; (c) Lessee will not Me any action, Including filing any tax or other report. ghat Is Inconsistent with Lessor's ownership of the Equipment; (d) all Warrmadon Lessee has given to Lessor is true, accurate and complete; (a) since the date of Me most recent Pr andal information given to Lessor. no material acheme change in Lamee's business. a$sets, or Prospects has Oceured. Lessee will Promptly deliver to Lessor such financial statements, reports and other Information as Lessor may request. (f) Leases Is and will remaln duty organized, validly existing and In good standing under the taws of Lessee's jurisdiction of organkslbn; Jul Lessee is qualified to do business under the laws of all other jurlWcdons where qualification is required or advisable; (h)tie execution, delivery and Portomance by Lessee of the Rental Agreement will not breach any provision of Lessee's orgadzationa doaxnmde or legal aullhonty. Lessee adnowledges and agrees. that (1) the Equipment was selected by Lessee. (2) the Equipment (Including sit manulecturer manuals and instructions) has been delivered o, and examined by, Lessee (3) Me sale operation and the proper servicing of the Equipment ware explained to Lessee (4) Lessee received the written warranty applicable to the Equipment and understands that to written warranty Is not a part of this Rental AgmarmnL 17. Gonersk Time Is of the essence of this Rental Agreement. LESSOR AND LESSEE EACH IRREVOCABLY WAIVE ANY RIGHT EITHER OF THEM MAY HAVE TO A JURY TRIAL Lessors ragas at aftylkne to require strict performance by Lessee of any of the provisions of this Rental Agreement shag not waive or diminish Lassoes right thereafter to demands wild compliance there with of with any Provision. Waiver of any default shall not Waive any other dslaut. Any aite aton or modification of alts Rental Agreement shat be In wring and signed by On Parties hereto. Lessee acknowledges receipt of a signed copy hereof. Lessee Irrevocably aulherkes Lessor. at any IMms, to (a) Ivan or correct Information on this Randal Agreement. Inducting Lessee's correct legal name, serial numbers and Equipment descriptions; (b) submit notices and proofs of loss for any required Insurance; and (c) endome Lassoe's name on remittances for insurance and Equipment sale or rental proceeds. ASSIGNMENT TO: JOHN DEERE For value received I hereby assign, sell and transfer all my d^ We and Interest under the above Rental Agreement to You. your successors and assign, subject to all the terms of the aPpfirabts John Deere Rental Sale Program which are hereby Incorporated in and made a part of hereof, I agree to toted rentals coring due under the Renal Agrearranl and account for the pay over the same as Provided In such Used Equipment Renal Program. 'John Dears' means the John Deere Company, a division of Deere 8 Company or John Deere Construction 8 Forestry Company with whom the leasing dealer has executed an Authorized Dealer Agmenant. DATE: DEALER: EVERGLADES EQUIPMENT GROUP SIGNED BY: Page 4 of 4 Cuaromers Innu -tA � i Dale Z �7