Resolution No. 80711
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RESOLUTION NO. 8071
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE EXECUTION OF A
GREENLEASE MASTER LEASE AGREEMENT AND ALL
SUPPLEMENTS TO SAID LEASE BY AND BETWEEN THE CITY
OF VERNON AND FORD MOTOR CREDIT COMPANY FOR FORD
ALTERNATIVE FUEL VEHICLES
WHEREAS, on March 16, 1999, the City Council of the City of
Vernon adopted Resolution No. 7289 approving and authorizing the
execution of lease agreements with Ford Motor Credit Company ("Ford")
for the leasing of three 1999 EV Ranger pick-up trucks; and
WHEREAS, the leases expired on August 1, 2002 and the
vehicles are no longer being manufactured; and
WHEREAS, in the past, the City of Vernon has participated in
incentive programs administered by the South Coast Air Quality
Management District and Air Resources Board regarding the leasing of
new alternative fuel vehicles; and
WHEREAS, the Utilities Department and Health Department
desire to continue leasing the three used electric pick-up trucks
pending a determination on the nature of the City's future use of
fuel -efficient vehicles; and
WHEREAS, Ford has provided the City with a Greenlease Master
Lease Agreement ("Master Lease") and supplements to the Master Lease
for the three electric pick-up trucks (1999 EV Ranger vehicles); and
WHEREAS, the Master Lease and Supplements provide for the
leasing of the three electric vehicles for three years with an option
for early termination based upon 10 days written notice to terminate;
and
WHEREAS, on September 24, 2002, the Finance Committee
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recommended that the City Council approve the recommendation of Bruce
V. Malkenhorst, Director of Finance, dated September 19, 2002, that
each lease be approved; and
WHEREAS, in order to meet the urgent need for the electric
vehicles and to ensure that any repairs were performed in a timely
manner, the City Administrator executed the Master Lease and all the
Supplements with Ford on October 8, 2002, and authorized payment in
accordance with the terms thereof, subject to ratification by the City
Council; and
WHEREAS, the City Council desires to approve and ratify the
Master Lease and all the Supplements, as executed by the City
Administrator, and the payment of fees in accordance therewith for the
leasing of the electric vehicles; and
WHEREAS, the City Council of the City of Vernon has
determined that pursuant to the provisions of subsection (a) of
Section 2.27 of the Vernon City Code, it is in the public interest and
necessity to ratify entering into the Master Lease and all the
Supplements with Ford to enhance services provided to the Vernon
community.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
ratifies the execution of the Greenlease Master Lease Agreement and
Supplements thereto with Ford, a copy of which is attached hereto as
Exhibit "A" and made a part hereof.
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SECTION 3: The City Council of the City of Vernon hereby
approves and ratifies the payment of fees in accordance with the terms
of the Master Lease.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 9th day of October, 2002.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MALMJRG, Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8071, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Wednesday,
October 9, 2002, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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FORD ALTERNATIVE FUEL VEHICLES
MASTER LEASE AGREEMENT
THIS MASTER LEASE AGREEMENT (this "Lease Agreement") is between
City of Vernon ("Lessee"), a
corporation, municipality or other entity organized under the laws of the State of California , whose
address is _ 4305 S Santa Fe Ave Los Angeles CA 90058— , and FORD
MOTOR CREDIT COMPANY ("Lessor"), a Delaware corporation. In consideration of the mutual promises and
undertakings set forth herein, the receipt and sufficiency thereof are hereby acknowledged, Lessor and Lessee agree as
follows:
1. LEASED VEHICLES. Lessor agrees to purchase and lease to Lessee, and Lessee agrees to lease from
Lessor, the vehicles, including all modifications, alterations or additions thereto (the "Leased Vehicles"), described in one
or more Supplements ("Supplement(s)") attached hereto, subject to the terms and conditions of this Lease Agreement
and the applicable Supplement. For the lease of each Leased Vehicle, Lessee shall pay to Lessor all charges,
reimbursements or payments (collectively, the "Charges") in accordance with this Lease Agreement and the applicable
Supplement. Lessee shall reimburse Lessor for any costs incurred by Lessor in connection with any vehicles ordered by
Lessee for lease hereunder, but not accepted by Lessee upon delivery for any reason.
2. CHARGES.
(a) Charges. The periodic lease Charge (the "Lease Charge") for each Leased Vehicle shall be set forth in
the applicable Supplement, and may be a single payment paid at the commencement of the Lease Term (as defined
herein) or paid on a monthly, quarterly or yearly basis as set forth in the applicable Supplement. Lessee may retain any
and all volume discounts, fleet rebates and dealer incentives it receives from manufacturers or vendors for leasing the
Leased Vehicles, with no obligation to account to Lessor for such incentive payments, unless otherwise agreed in writing
by Lessor and Lessee.
(b) 13illin and nd Payments. During the Lease Term, Lessor will bill Lessee for the Lease Charge and all other
Charges then due and payable. All Charges will be due on the Payment Due Day, as specified in the applicable
Supplement. If Lessee fails to pay any Charge when due, Lessee will pay to Lessor, as an additional Charge, interest on
such overdue Charge from its due date at a rate equal to the lesser of (i) 1.25% of such overdue Charge for each month
or partial month the Charge is past due, or (ii) the maximum rate permitted by applicable law. Lessee shall pay to Lessor
or its assignee, as directed by Lessor, all Charges payable under this Lease Agreement without further notice or demand.
Lessee's obligations to Lessor or its assignee under this Lease Agreement, including without limitation payment of all
Charges, shall not be subject to any reduction, abatement, defense, counterclaim, set off or recoupment which Lessee
may now or hereafter have against Lessor or such assignee.
3. TERM AND TERMINATION.
(a) Lease Term. The lease term ("Lease Term") for each Leased Vehicle will commence on the date the
Leased Vehicle is delivered to Lessee, and unless terminated under Paragraphs 10 11, or 12, shall expire on the later of
(i) the last day of the Term specified in the applicable Supplement, or (ii) the day such Leased Vehicle is returned to
Lessor in accordance with Paragraph 9. Lessor and Lessee may extend the Lease Term for a Leased Vehicle at the
applicable Lease Charge by mutual written agreement.
(b) Termination of Lease Agreement. The term of this Lease Agreement shall commence on the date
hereof and shall continue until terminated by either party upon ten days prior written notice to the other of the effective
date of such termination (the "Termination Date"); provided, however, the terms and conditions of this Lease Agreement
and the obligations of Lessee hereunder and any Supplement(s) with respect to Leased Vehicles leased prior to the
Termination Date shall remain in full force and effect until all such obligations have been fulfilled. At any time and in its
sole discretion, Lessor shall have the right to terminate, rescind or suspend this Lease Agreement with respect to the
lease of any additional vehicles, to require the satisfaction of any additional or modified conditions precedent to any
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lease of any additional vehicles, and to determine the extent, if any, to which Lessor will lease additional vehicles to
Lessee under this Lease Agreement.
(c) Termination of Leased Vehicle. The termination or expiration of the lease of a Leased Vehicle shall
apply solely to that Leased Vehicle and will not result in the termination of this Lease Agreement or the lease of any other
Leased Vehicles hereunder, and the rights and obligations of Lessor and Lessee under this Lease Agreement and the
Supplement(s) hereto shall continue in full force and effect with respect to the remaining Leased Vehicles subject to this
Lease Agreement.
4. REGISTRATION AND TAXES.
(a) Registration of Leased Vehicles. Lessee shall, at its expense, register, title and license each Leased
Vehicle in the manner prescribed by Lessor so as to maintain Lessor's ownership and insurable interest in the Leased
Vehicle and forward such title to Lessor at its Commercial Lending Branch located at 765 The City Dr #401 Orange.
CA 92868— — Lessee shall provide to Lessor any documentation pertaining to
a Leased Vehicle as Lessor may from time to time request.
(b) Taxes. The Lease Charge excludes all sales and use taxes. Lessee will pay, or reimburse Lessor, as the
case may be, for any sales and use taxes relating to the Leased Vehicles and any Charges under this Lease Agreement.
Lessee will determine and pay all fees, assessments, taxes and expenses whatsoever with respect to each Leased
Vehicle and/or required by the business of Lessee or resulting from Lessee's operation and use of the Leased Vehicles,
including without limitation any license fees and any excise, property, mileage and fuel taxes. Lessee will file all reports
relating to such fees, assessments and taxes.
5. OPERATION OF LEASED VEHICLES.
(a) Alterations. Lessee shall equip all Leased Vehicles in a manner approved by Lessor. Lessee shall not
make any additions, alterations or modifications to the Leased Vehicles during the Lease Term; except for additions to a
Leased Vehicle which are approved in writing by Lessor and are readily removable without any damage to the Leased
Vehicle.
(b) Use of Leased Vehicles. Lessee shall use all Leased Vehicles in its business and in accordance with the
terms and conditions of this Lease Agreement and all applicable governmental and insurer requirements and limitations.
Each Leased Vehicle will be operated by a properly licensed employee or agent of Lessee subject to Lessee's exclusive
direction and control. Lessee will not allow the Leased Vehicles to be operated (i) by a driver in possession or under the
influence of alcohol or any drug which may impair his ability to operate the Leased Vehicle, (ii) in a reckless or abusive
manner, (iii) on a flat tire, (iv) improperly loaded, or loaded beyond the licensed weight recommend by the manufacturer
of the Leased Vehicle, (v) to transport hazardous dangerous cargo, including without limitation, explosives, flammable
liquids, compressed gasses, corrosive liquids, poisons, radioactive materials or other regulated materials, unless
otherwise approved by Lessor in writing, or (vi) off an improved road or highway. Lessee will not remove the Leased
Vehicle from the United States without the prior written consent of Lessor. Upon Lessor's request Lessee will provide
Lessor with a list of all states in which the Leased Vehicles are located.
(c) Repair and Maintenance. Lessee will maintain, repair and service the Leased Vehicles at its own
expense in accordance with the manufacturer requirements and recommendations, and will be responsible for all
operating expenses of each Leased Vehicle, including, without limitation, gasoline, oil, grease, antifreeze, maintenance,
adjustments and repairs and storage, fines, towing and servicing of the Leased Vehicles. Lessee will use, or authorize the
use of, only manufacturer -approved replacement parts in the repair or maintenance of the Leased Vehicles.
6. INSURANCE.
(a) Insurance Coverages. Lessee shall provide, or cause to be provided, on each Leased Vehicle during the
Lease Term thereof insurance with coverage and amounts not less than the following:
$300,000 bodily injury per accident
$50,000 property damage.
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Collision and Comprehensive Coverage with deductible not to exceed $1,000
Lessee, at its own expense, shall provide, or cause to be provided, any other insurance and post any bonds required by
any governmental authority with respect to the operation of any Leased Vehicle and will include Lessor as a named
insured in any and all cargo, transportation or floater insurance policies covering any loss or damage to any goods or
other property transported by any Leased Vehicle, and Lessee releases Lessor for any loss or damage to such goods and
property.
(b) Insurance Policy Terms. Each insurance policy provided by Lessee pursuant to this Paragraph shall (i)
insure Lessor, as owner and lessor of the Leased Vehicles, Lessee, and any person leasing or driving the Leased Vehicle
with valid permission, (ii) designate Lessor as both loss payee and additional insured on such policy without regard to any
breach of warranty or other act or omission of Lessee and shall include a loss payable endorsement for the benefit of
Lessor, and (iii) require the insurer to notify Lessor promptly of any cancellation or material change to the policy for any
reason and provide that such cancellation or change will not be effective as to Lessor for 20 days after receipt by Lessor
of such notice.
(c) Evidence of Insurance. Lessee shall deliver to Lessor a certificates of insurance issued by its insurer
evidencing the insurance coverages required by this Paragraph upon execution of this Lease Agreement hereof and
evidencing each renewal of such coverages not less than 30 days prior to the expiration of the original policy or
preceding renewal policy. In addition, at the request of Lessor, Lessee will provide copies of each such insurance policy
and receipts or other evidence that the premiums thereon have been paid.
(d) Insurance Claims. If any claim is made or action commenced for personal injury or death or property
damage in connection with any Leased Vehicle, Lessee shall promptly notify Lessor and the insurer and furnish each with
a copy of each process and pleading received in connection therewith and diligently defend against such claim or action
and/or cooperate in the defense thereof. Lessee shall promptly furnish to the insurer a report of any accident involving a
Leased Vehicle on the form acceptable to such insurer.
7. LOSS OF LEASED VEHICLE. Lessee shall bear the entire risk of the Leased Vehicle(s) being lost,
stolen, destroyed, damaged or otherwise rendered permanently unfit or unavailable for use. If a Leased Vehicle suffers a
total loss or is stolen prior to the end of its Lease Term, Lessee shall pay Lessor an amount equal to (i) the Lease Charge
for the month in which such loss or theft occurs, (ii) any other Charges then due and owing, and (iii) the Early
Termination Value, as defined in Paragraph 10 (a), for such Leased Vehicle as calculated by Lessor for the month in
which such loss or theft occurs. Any insurance proceeds shall be for the account of Lessee to the extent of Lessee's
payment pursuant to this Paragraph 7. If the Leased Vehicle suffers a partial loss, lessee will immediately repair any
damage to a Leased Vehicle, and Lessor will make the proceeds of any insurance coverage available to Lessee for such
repairs.
8. PERFORMANCE BY LESSOR. If Lessee fails for any reason to perform any of its obligations under this
Lease Agreement, Lessor may (but shall not be obligated) to perform such obligations, without relieving Lessee of its
obligation to do so. Lessee shall reimburse Lessor upon demand for any costs and expenses incurred by Lessor in
connection with such performance as an additional Charge under this Lease Agreement.
9. RETURN OF LEASED VEHICLE. Upon the expiration or termination of the Lease Term of any Leased
Vehicle, Lessee will return, at its own expense, such Leased Vehicle to a reasonable location designated by Lessor in
good operating condition and in accordance with the Minimum Return Standards set forth on Schedule A attached hereto
and incorporated herein, which reflects ordinary wear and tear allowed by Lessor. Lessee will also return any unexpired
license plates with each Leased Vehicle where required. In all other jurisdictions, Lessee will promptly destroy or transfer
the unexpired license plates from returned Leased Vehicles. If Lessor has not received title documents for the Leased
Vehicle in order to permit sale of such Leased Vehicle or such Leased Vehicle is not returned to Lessor in accordance
with this Paragraph 9 then Lessee will pay Lessor the then applicable Early Termination Value and Lessor will transfer all
of its rights and title and interest in such Leased Vehicle to Lessee.
10. EARLY TERMINATION BY LESSEE.
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(a) Election to Terminate. Lessee may terminate the lease of any Leased Vehicle prior to the expiration of
the term thereof by giving Lessodays prior written notice of its election to terminate such lease. The effective date
of such termination shall be the date on which such Leased Vehicle is returned to Lessor in the manner and condition
required by Paragraph 9 hereof.
(b) Sale or Re -Lease of Leased Vehicle. Within a reasonable period of time after return of the Leased
Vehicle, Lessor will use its reasonable efforts to sell or re -lease the Leased Vehicle. Any sale of a Leased Vehicle by
Lessor shall be at wholesale and may be public or private and with or without notice to Lessee, and shall be only for cash
payable in full upon delivery of the Leased Vehicle and its title papers to the purchaser, and shall be on an "AS IS,
WHERE IS, BASIS" WITH NO RECOURSE TO OR WARRANTY BY LESSOR.
(c) Lessee Obligations. Lessor will notify Lessee in writing of the sale or re -lease of the Leased Vehicle and
the Charge owed by Lessee as a result of the early termination of such Leased Vehicle, which will be equal to (i) the
Lease Charge for the month in which the termination occurs, (ii) any other Charges, including Excess Mileage Charges or
Excess Operating Charges then due and owing and (iii) an amount equal to the applicable Early Termination Value of
such Leased Vehicle on the effective date of termination, less (iv) the Net Proceeds from the sale of such Leased
Vehicle. Lessee will pay Lessor such Charge within 60 days after such written notice.
(d) Definitions of Net Proceeds and Early Termination Value. For purposes of this Lease Agreement, the
term "Net Proceeds" shall mean the amount received by Lessor from the sale of the Leased Vehicle, less all expenses
incurred by Lessor in selling the Leased Vehicle and all debts of Lessee which, if not paid, might constitute a lien on the
Leased Vehicle or a liability of Lessor. The term "Early Termination Value" for a Leased Vehicle for any particular month
during the Lease Term will be equal to (1) the Capitalized Cost of such Leased Vehicle, plus (2) any Charges (including
any Excess Mileage and Excess Operating Charges) due and payable under the Lease Agreement with respect to the
Leased Vehicle, plus (3) the applicable Early Termination Premium (as defined below), less (4) that part of the Lease
Charges paid by Lessee with respect to the Leased Vehicle, which has been earned by Lessor on an actuarial basis, and
less (5) any Security Deposit which may have been paid by Lessee. The term "Early Termination Premium" shall mean
(x) an amount equal to seven percent of the Capitalized Cost of a Leased Vehicle if the termination occurs in the initial
twelve months of the Lease Term, or (y) an amount equal to four percent of the Capitalized Cost of a Leased Vehicle if
the termination occurs after the initial twelve months of the Lease Term.
(a) EARLY TERMINATION BY LESSOR. Upon at least 30 days prior written notice to Lessee specifying the
effective date of such termination, Lessor shall have the right to terminate the lease of any Leased Vehicles prior to the
expiration of the Lease Term in the event that (a) Lessor determines that any component critical to the operation of the
Lease Vehicle is not available under reasonable terms and conditions, or (b) the manufacturer of the Leased Vehicle
requests Lessor to terminate the lease of such Leased Vehicle for any reason, including without limitation unforeseen
events that cause the manufacturer to limit or cancel the distribution of the make and model of the Leased Vehicles.
Upon the termination of the lease of a Leased Vehicle, Lessee will return the Leased Vehicle to Lessor in the manner and
condition required by Paragraph 9, and Lessee will have no responsibility for any Charges for the Leased Vehicle
accruing after the date that the Leased Vehicle is returned to Lessor.
12. DEFAULT AND REMEDIES.
(a) Events of Default. Lessor may terminate this Lease Agreement at any time with respect to any or all of
the Leased Vehicles by written notice to Lessee upon the occurrence of any of the following events of default: (i) failure
to pay any Charge or any other sum payable to Lessor hereunder and such failure continues for 10 days after written
notice thereof to Lessee, or (ii) failure or refusal by Lessee to operate the Leased Vehicles in accordance with this Lease
Agreement and the applicable Supplement and such operation results in damage, excessive use or abuse of such
Leased Vehicle, or (iii) failure or refusal by Lessee to perform any other obligation or covenant of Lessee hereunder and
such failure or refusal continues for 30 days after written notice thereof to Lessee, or (iv) any representation or warranty
made by Lessee shall prove to be false or misleading in any material respect as of the date on which the same was
made, or (v) the filing of any petition by or against Lessee under any bankruptcy or insolvency law or the making by
Lessee of any assignment for the benefit of creditors or the appointment of any trustee or receiver for all or any part of
Lessee's business or assets or the assignment (voluntary or involuntary) of Lessee's interest in any Leased Vehicle or the
attachment of any lien or levy on any Leased Vehicle (unless such petition, assignment, appointment, or attachment is
withdrawn or nullified within fifteen days).
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(b) Remedies of Lessor. Upon termination by Lessor pursuant to Paragraph 11 (a), Lessee shall deliver the
Leased Vehicle(s) to Lessor the manner and condition required by Paragraph 9. If Lessee fails to return the Leased
Vehicle(s), Lessor may repossess the same at any time wherever the Leased Vehicles may be located and may enter
upon the premises of Lessee for the purpose of repossessing the Leased Vehicle(s). Lessor shall dispose of such
returned or repossessed Leased Vehicle in accordance with Paragraph 10 (b), and Lessee shall pay to Lessor an
additional Charge calculated in accordance with Paragraph 10 (c). Lessor shall hold and dispose of any repossessed
Leased Vehicle(s) free and clear of this Lease Agreement and any rights of Lessee in the Leased Vehicle(s). Subject to
applicable law, Lessee agrees to pay to Lessor reasonable attorney fees if this Lease Agreement is placed with an
attorney other than an employee of Lessor for collection. In addition, Lessor may exercise its remedies under Paragraph
16 (b).
(c) Remedies Cumulative and Concurrent. The rights and remedies of Lessor under this Lease Agreement
shall be cumulative and in addition to any other right, remedy or power herein specifically granted or now or hereafter
existing in equity, in law, by virtue of statute or otherwise and may be pursued separately, successively, concurrently,
independently or together against Lessee or any other party, at the sole discretion of Lessor, and may be exercised as
often as occasion therefor shall arise. The failure to exercise any such right or remedy shall in no event be construed as
a waiver or release thereof, nor shall the choice of one remedy be deemed an election of remedies to the exclusion of
other remedies. Acceptance of Charges in arrears shall not waive or affect any right of Lessor to declare an Event of
Default and exercise any remedies hereunder.
13. INDEMNITY. Lessee shall indemnify and hold Lessor, its agents and employees, harmless against any
and all losses, claims, damages or expenses (including attorney's fees) (the "Liabilities") connected with or arising out of
the ownership, management, control, use, storage, condition (including, without limitation, defects, whether or not
discoverable by. Lessor or Lessee), maintenance or operation of any Leased Vehicle, or any default by Lessee in the
performance of any of its obligations hereunder, including without limitation, (i) any Liabilities incurred by Lessor as a
result of Lessee's failure to obtain and maintain insurance as required by Paragraph 6, (ii) any Liabilities incurred by
Lessor in excess of the limits of any insurance coverage provided by Lessee, (iii) any Liabilities relating to the loss or
damage to the Leased Vehicles, (iv) any Liabilities incurred by Lessor as a result of the failure of Lessee to operate the
Leased Vehicles in accordance with the terms of this Lease Agreement and the applicable Supplement, (v) any Liabilities
with respect to any goods or other property transported by a Leased Vehicle, and (vi) any Liabilities which Lessor would
not otherwise be required to pay under the terms of this Lease Agreement. Lessee shall promptly notify Lessor of any
such Liability. The indemnities set forth herein shall survive the termination or expiration of this Lease Agreement and
any Supplement.
14. LESSEE'S WARRANTIES AND COVENANTS.
(a) Lessee represents and warrants to Lessor that:
(1) Lessee is and shall at all times hereafter be duly organized, validly existing and in good standing
under the laws of the jurisdiction under which it is organized, registered or incorporated and it has
duly organized the execution, delivery and performance of this Lease Agreement;
(2) This Lease Agreement has been duly and validly executed and delivered by Lessee and constitutes
the valid and binding obligation of Lessee;
(3) All financial statements presented to Lessor have been prepared in conformity with generally
accepted accounting principles consistently applied, and fairly and accurately represent Lessee's
financial condition and income as of the date given, and since the date of such financial statements
there has been no material adverse change in the financial condition of Lessee or any guarantor of
Lessee's obligation hereunder, and
(4) Lessee has read this Lease Agreement prior to signing.
(b) Lessee shall provide Lessor with at lease 30 days prior written notice of a change to Lessee's (A) legal
name, (B) state of incorporation, registration or organization, (C) tax identification number, (D) location of
its chief executive office, or (E) type of business organization (such as, corporation, partnership, etc.).
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(c) Without Lessor's written approval, Lessee shall not (1) sell, transfer or otherwise dispose of any of its
assets, except in the ordinary course of business, (2) sell, transfer or otherwise dispose of any of
Lessee's interest in this Lease Agreement, the Leased Vehicles or any Supplement, (3) consolidate with
or merge into any other business entity or permit any other business entity to consolidate with or merge
into Lessee, or (4) allow the sale, pledge, assignment, encumbrance or transfer to a third party of more
than 20% of the voting stock, partnership interests or ownership interest (as the case may be) of Lessee.
15. DISCLAIMER OF WARRANTIES AND CONSEQUENTIAL DAMAGES; FORCE MAJEURE.
(A) LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER, DESIGNER,
PRODUCER, OR DISTRIBUTOR (OR AGENT OF ANY OF FOREGOING) OF THE LEASED VEFIICLES.
(B) LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR MAKES NO WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, (1) AS TO THE FITNESS, SAFENESS, DESIGN, MERCHANTABILITY,
CONDITION, QUALITY, CAPACITY OR WORKMANSHIP OF THE LEASED VEHICLES, OR (2) THAT THE LEASED
VEHICLES WILL SATISFY THE REQUIREMENTS OF ANY LAW OR ANY CONTRACT SPECIFICATION. AS
BETWEEN LESSOR AND LESSEE, LESSEE AGREES TO BEAR ALL SUCH RISKS AT ITS SOLE RISK AND
EXPENSE.
(C) LESSEE SPECIFICALLY WAIVES ALL RIGHTS TO MAKE CLAIM AGAINST LESSOR AND ANY
LEASED VEHICLES FOR BREACH OF ANY WARRANTY OF ANY KIND WHATSOEVER, AND AS TO LESSOR,
LESSEE LEASES THE LEASED VEHICLES "AS IS." CALIFORNIA LESSEES WAIVE THE PROVISIONS OF
SECTIONS 1955 AND 1957 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA.
THAT IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCONVENIENCES, LOSS OF PROFITS OR ANY
OTHER CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER OR HOWSOEVER CAUSED,
INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM ANY DEFECT IN ANY LEASED VEHICLE, OR
ANY THEFT, DAMAGE, LOSS OR FAILURE OF ANY LEASED VEHICLE. THERE SHALL BE NO ABATEMENT OR
SETOFF OF LEASE CHARGES BECAUSE OF THE SAME.
LESSOR SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN DELIVERING ANY LEASED VEHICLE
ORDERED FOR LEASE PURSUANT TO THIS LEASE AGREEMENT OR FOR ANY FAILURE TO PERFORM ANY
PROVISION, RESULTING FROM FIRE OR OTHER CASUALTY, RIOT, STRIKE OR OTHER LABOR DIFFICULTY,
GOVERNMENTAL REGULATION OR RESTRICTION, OR ANY CAUSE BEYOND LESSOR'S CONTROL.
16. VEHICLE WARRANTIES. Lessor assigns to Lessee for the Lease Term of each Leased Vehicle the
warranties, including those warranties from the manufacturer which may be attached hereto, provided to the Lessor by
any dealer, manufacturer, distributor or vendor selling the Leased Vehicles to Lessor; and Lessee may communicate with
such dealer, manufacturer, distributor or vendor and receive an accurate and complete statement of those promises and
warranties, including any disclaimers and limitations of them or of remedies. Lessee will resolve any claims under such
warranties directly with the appropriate dealer, manufacturer, distributor, vendor or third party. Any such claim will not
affect in any manner the unconditional obligation of Lessee to pay any Charge or perform its obligations hereunder.
17. LEASEHOLD INTEREST; SECURITY INTEREST.
(a) Leasehold Interest. Lessor is the owner of the Leased Vehicles, including all modifications, alterations
and additions thereto which are included in the Capitalized Cost. Lessor and Lessee acknowledge and agree that this
Lease Agreement is a lease of personal property for commercial and federal income tax purposes, and that Lessee does
not acquire any right, title or interest in the Leased Vehicles or any proceeds thereof, except the right to possess and use
the Leased Vehicles in accordance with the terms of this Lease Agreement and the applicable Supplement. Lessor and
Lessee agree that Lessor is the only party entitled to claim income tax deductions for asset cost recovery, depreciation or
investment tax credits (if any) with respect to the Leased Vehicles under the Internal Revenue Code of 1986 and
applicable state laws.
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(b) Assignment of Leases and Subleases. To secure the full and punctual payment and performance of its
obligations under this Lease, Lessee assigns to Lessor all Lessee's right, title and interest, whether now existing or
hereafter acquired, in any lease or sublease of a Leased Vehicle, including the right to collect any rental, lease or other
payments which may come due thereunder (the "Assigned Payments"). So long as no Event of Default has occurred and
is continuing, Lessee may collect the Assigned Payments. If an Event of Default occurs, then Lessor may require Lessee
to endorse and remit to Lessor all Assigned Payments in the same form as received by Lessee, or may direct any lessee
or sublessee to pay the Assigned Payments directly to Lessor. Lessee will obtain the consent of any sublessee or lessee
to assignment of the sublease or lease set forth in this Paragraph 18 (b), and shall furnish such other documents to,
perfect this assignment as Lessor may require.
(c) Security Interest. In the event any court determines that this Lease is not a true lease, then Lessee
hereby grants Lessor a security interest in the Leased Vehicles, together with all accessions, replacements and
substitutions therefor or thereto and proceeds thereof, including without limitation any Charges, proceeds of sale,
exchange or other disposition of the Leased Vehicles, proceeds of any damage claim or insurance covering the Leased
Vehicles, and the proceeds due or to become due from Lessee, any sublessee or third party with respect to the Leased
Vehicles. At the written request of Lessor, Lessee will execute and deliver to Lessor any financing statement or other
instrument required to perfect the foregoing security interest, and agrees to pay or reimburse Lessor for any searches,
filings, recordings or stamp fees or taxes arising from the filing or recording of any such instrument or statement. Lessee
authorizes Lessor to. file manually or electronically this Lease Agreement or any financing statement with respect to this
Lease Agreement or the Leased Vehicles and to execute Lessee's name to any such financing statement. Any such filing
shall not be deemed evidence of any intent to create a security interest under the Uniform Commercial Code.
18. INSPECTION; FINANCIAL. STATEMENTS. During normal business hours, Lessor and its authorized
representatives may inspect each Leased Vehicle and the books and records of Lessee relative thereto, including without
limitation, any leases, subleases and insurance records. Lessor shall have no duty to make any such inspection and
shall not incur any liability or obligation by reason of making or not making any such inspection. in addition, at the
request of Lessor, Lessee shall furnish Lessor any financial statements of Lessee, including, without limitation, balance
sheets and income statements. Lessee will provide Lessor with any information requested by Lessor with respect to
Lessee's use and operation of any Leased Vehicle.
19. MISCELLANEOUS TERMS AND CONDITIONS.
(a) Assignment and Sublease. Lessee may not assign this Lease Agreement or any right hereunder, in
whole or in part, or sublease or otherwise deliver, transfer or relinquish possession of a Leased Vehicle, without the prior
written consent of Lessor. Any consent by Lessor to such transactions will be subject to satisfaction by Lessee and the
sublessee or assignee (as the case may be) with the requirements of Lessor. Lessor may, at any time, without notice to
Lessee, mortgage, grant a security interest in or otherwise transfer, sell or assign all or any part of its interest in this
Lease Agreement, any Supplement, any Leased Vehicle or any Charges or other sums due or to become due hereunder,
subject to Lessee's right to possess and the use the Leased Vehicles in accordance with the terms and conditions of this
Lease Agreement and any applicable Supplement.
(b) Notices. Any notice required or permitted by this tease Agreement shall be in writing and given by
personal delivery or sent by United States Mail, postage prepaid, addressed to Lessee at the Lessee's current billing
address and addressed to Lessor at the address set forth on the most recent billing statement.
(c) No Implied Waivers. The waiver by either party of, or failure to claim, a breach of any provision of this
Lease Agreement shall not be deemed to be a waiver of any subsequent breach or to affect in any way the effectiveness
of such provision.
(d) Entire Agreement. This Lease Agreement shall constitute the entire agreement between the parties and
may not be changed except by an instrument in writing, signed by the party against whom the change is to be enforced.
(e) Non -Substantive Data. Lessee authorizes Lessor to insert in this Lease Agreement serial numbers, other
identification data of the Leased Vehicles when determined by Lessor and dates or other unintentionally omitted
non -substantive items to render this Lease Agreement complete.
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(f) Governing Law. This Lease Agreement shall be governed by and construed in accordance with the laws
of the state of Lessee's chief executive office is located, as indicated below.
(g) A enc . Lessee shall never at any time during the term of this Lease Agreement be or become the
agent of Lessor for any purpose whatsoever. Lessor shall not be responsible for the acts or omissions of Lessee or its
agents.
(h) Assi, nment. Lessor notifies Lessee that it intends to assign to 01 Exchange, L.L.C. Lessor's rights (but
not its obligations) with respect to the purchase of the Leased Vehicles and the sale of the Leased Vehicles upon
termination.
IN WITNESS WHEREOF, the parties have duly executed this Lease Agreement
LESSOR LESSEE CIT OF VERNON
FORD MOTOR CREDIT COMPANY��-
By: rudeV. Malken orst
Title: ,;X;� City Administrator/City Clerk
Lessee's Chief Executive Off icei, X Cal ; fa= a
Lessee's State of Organizationk .1C Cal ifornia
Lessee's Tax ID Number X ' * 99-AnnntinR
MODIFICATION: This Lease Agreement sets forth all of the agreements of the Lessor and the Lessee for the
lease of the Leased Vehicles. There is no other agreement. Any change in this Lease Agreement must be in writing and
signed by the Lessee and Lessor.
Lessee: CITY OF VERNON
APPROVED AS TO FO
By:
Eduardo Olivo, City Attorney
X Bruce V. Malkenhorst
-ft X City Administrator/City Clerk
GUARANTEE
In consideration of the Lessor leasing to Lessee and other good and valuable consideration, the receipt of which
is hereby acknowledged by the undersigned, the undersigned guarantor unconditionally guarantees payment of all
amounts due or to become due to the Lessor named in the above Lease Agreement, including without limitation, all lease
charges and any amounts owing following surrender and sale of a Leased Vehicle.
(Guarantor)
(Guarantor)
By:
Title:
Name:
MayAp42001 previous editions may not apply-09/11 /200205/30MOO1-05/29/2001 4.00 PM4i3RM3:31--PM 89 1
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SCHEDULE A
MINIMUM RETURN STANDARDS
Leased vehicles returned to Lessor pursuant to Paragraph 9 must meet the following conditions/standards:
1. No body damage in excess of $100.
2. Sound mechanical operating condition.
3. No frame, fire or water damage (any Leased Vehicles returned with such damage will be treated as a loss under
Paragraph 7 of the Lease).
4. No severe body damage which has been poorly repaired.
5. No glass damage.
6. All tires must have 4/32" tread remaining, including the spare, and all tires must meet Ford original equipment
standards and must be matched.
7. No carpet or upholstery damage, including burns and stains.
8. All original factory equipment as noted on the factory invoice must be on the vehicles. Mussing parts (bodyside
moldings, wheel covers, spare tire, etc.) are to be replaced before the car is returned. All parts must meet Ford
original equipment standard.
MayApri#-2001 previous editions may not apply-09/11 200 4:00 PM4:33-RM"4-PM 99
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SERVICESeete�se
SUPPLEMENT TO
GREENLEASE MASTER LEASE AGREEMENT
(NET LEASE)
THIS IS A SUPPLEMENT to the GREENLEASE MASTER LEASE AGREEMENT (NET LEASE) DATED
X (the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and
City Of Vernon ("Lessee"). The capitalized terms used in this
Supplement shall have the same meaning as in the Lease Agreement, unless otherwise defined herein. Subject to the
terms and conditions of the Lease Agreement, which are incorporated herein by reference, Lessor and Lessee agree as
follows:
1. Leased Vehicles. The Leased Vehicles described in the Vehicle Description section below have been delivered
to and accepted by Lessee in good condition with mileage shown below in the Vehicle Description section. The terms and
conditions of this Supplement shall apply solely to the Lease Vehicles described herein. Lessee hereby certifies, under
penalty of perjury, that (a) Lessee intends that more than fifty percent (50%) of the use of each Leased Vehicle is to be
used in a trade or business of Lessee, and (b) Lessee has been advised that it will not be treated as the owner of the
Leased Vehicles for Federal income tax purposes.
2. Lease Terms and Charges. Commencing on the Commencement Date indicated below, Lessee will pay Lessor
the Lease Charge on the Payment Due Date of each applicable period of the Term specified below. Interim Lease
Charges will be assessed for the period between the Delivery Date and the Commencement Date and will be shown on
the billing statement.
3. Reaffirmation of Lessee's Warranties. Lessee reaffirms that its representations and warranties set forth in the
Lease Agreement are true and correct on the date hereof.
4. Assignment. Lessor notifies Lessee that it intends to assign to Q1 Exchange, LLC Lessor's rights (but not its
obligations) with respect to the purchase of the Leased Vehicles and the sale of the Leased Vehicles upon termination.
Lease Terms and Charges
Contract
Lease Program Type: NET
Lease Term: 36 Months
First Payment Due Day:
Day of the month:
Periodic Payment Method:
Payment Timing: AR EARSAdvance
Commencement Date:
Security Deposit: $
Periodic Lease Charges
Lease Charges:
36 @ $ 450.00
Excludes all taxes and other Charges
Name: City of Vernon
Address: 4305 S Santa Fe Ave
City: Los Angeles
State: CA Zip:90058
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6reen1848seS/11
Vehicle Description
Vehicle/Unit Information Tax Information
Unit No (Asset No):25010&--------
Garaging Location:
Lessee Unit Reference No:
City: Los Angeles
Tax Rate: 0.00
%
Description (Year, Make and Model):
County: Los Angeles
Tax Rate:
2.25%
1999 USED FORD EV RANGER
Combined
Tax Rate: 8.25%
VIN1 FTZR0818XTA74060
- —State:
CA
Tax Rate: 6.00%
Cap Cost: $ 15.188.33--
California Tire Fee (due at Supplement signing):$5.00
Mileage at Deli X
Delivery Date:, X f f
Property Tax Location
Security Deposit: $
Address: 4305 S SANTA FE AVE
City: LOS ANGELES
State: CA— Zip:90058
Lessor and Lessee have executed this Supplement as :., X
FORD MOTOR CREDIT COMPANY, LesGGF CITY- OF-VERNON- Lessee Name
By: x 7°
Bruce V. Malkenhorst
Title: Jj, X City Administrator/City Clerk
Date: X t
APPROVED AS TO FORM:
Eduardo Olivo, City Attorney
Ford h
Credit
SUPPLEMENT TO
GREENLEASE MASTER LEASE AGREEMENT
(NET LEASE)
THIS IS A SUPPLEMENT to the GREENLEASE MASTER LEASE AGREEMENT (NET LEASE) DATED
X (the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and
City Of Vernon ("Lessee"). The capitalized terms used in this
Supplement shall have the same meaning as in the Lease Agreement, unless otherwise defined herein. Subject to the .
terms and conditions of the Lease Agreement, which are incorporated herein by reference, Lessor and Lessee agree as
follows:
1. Leased Vehicles. The Leased Vehicles described in the Vehicle Description section below have been delivered
to and accepted by Lessee in good condition with mileage shown below in the Vehicle Description section. The terms and
conditions of this Supplement shall apply solely to the Lease Vehicles described herein. Lessee hereby certifies, under
penalty of perjury, that (a) Lessee intends that more than fifty percent (50%) of the use of each Leased Vehicle is to be
used in a trade or business of Lessee, and (b) Lessee has been advised that it will not be treated as the owner of the
Leased Vehicles for Federal income tax purposes.
2. Lease Terms and Charges. Commencing on the Commencement Date indicated below, Lessee will pay Lessor
the Lease Charge on the Payment Due Date of each applicable period of the Term specified below. Interim Lease
Charges will be assessed for the period between the Delivery Date and the Commencement Date and will be shown on
the billing statement.
3. Reaffirmation of Lessee's Warranties. Lessee reaffirms that its representations and warranties set forth in the
Lease Agreement are true and correct on the date hereof.
4. Assignment. Lessor notifies Lessee that it intends to assign to Q1 Exchange, LLC Lessor's rights (but not its
obligations) with respect to the purchase of the Leased Vehicles and the sale of the Leased Vehicles upon termination.
Lease Terms and Charges
Contract
Lease Program Type: NET
Lease Term_--. 36 Months
First Payment Due Day:
Day of the month:
Periodic Payment Method:
Payment Timing: ARRE6BEAdvance
Commencement Date:
Security Deposit: $
Periodic Lease Charges
Lease Charges:
3@ $ 450.00
Excludes all taxes and other Charges
Name: City of Vernon
Address: 4305 S Santa Fe Ave
City: Los Angeles
State: CA zip:90058
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Vehicle Description
Vehicle/Unit Information Tax Information
Unit No (Asset No):25011a
Garaging Location:
Lessee Unit Reference No:
City: Los Angeles —
Tax Rate: 0.00
Description (Year, Make and Model):
County: Los Angeles.---
Tax Rate:
2.2
1999 USED FORD EV RANGER—
Combined
Tax Rate: 8.25%
VlN1 FTZR0811 XTA74062
—State:
CA
Tax Rate: 6.00%
Cap Cost: $ 15.188.33-.
California Tire Fee (due at Supplement signing):S5.00
Mileage at Delw�,
Delivery Date / !
Property Tax Location
Security Deposit: $
Address: 4305 S SANTA FE AVE
City: LOS ANGELES
State: CA— Zip:90058
Lessor and Lessee have executed this Supplement as oflKL_ 1 :;3
FORD MOTOR CREDIT COMPANY,' essOF r.TTv_QV I essee Name
By:
ruce V. �M�a�lkenhorst
Title '( , City Administrator/City Clerk
Date: k`190e: X
OVED AS TO EO
By• J.
duardo Olivo, ity Attorney
Ma 4:08 PM 24
yAp&2001 (no previous version)-09/11/21D0206/04/200204/09/2002
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SUPPLEMENT TO
GREENLEASE MASTER LEASE AGREEMENT
(NET LEASE)
THIS IS A SUPPLEMENT to the GREENLEASE MASTER LEASE AGREEMENT (NET LEASE) DATED
X (the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and
City Of Vernon ("Lessee"). The capitalized terms used in this
Supplement shall have the same meaning as in the Lease Agreement, unless otherwise defined herein. Subject to the
terms and conditions of the Lease Agreement, which are incorporated herein by reference, Lessor and Lessee agree as
follows:
1. Leased Vehicles. The Leased Vehicles described in the Vehicle Description section below have been delivered
to and accepted by Lessee in good condition with mileage shown below in the Vehicle Description section. The terms and
conditions of this Supplement shall apply solely to the Lease Vehicles described herein. Lessee hereby certifies, under
penalty of perjury, that (a) Lessee intends that more than fifty percent (50%) of the use of each Leased Vehicle is to be
used in a trade or business of Lessee, and (b) Lessee has been advised that it will not be treated as the owner of the
Leased Vehicles for Federal income tax purposes.
2. Lease Terms and Charges. Commencing on the Commencement Date indicated below, Lessee will pay Lessor
the Lease Charge on the Payment Due Date of each applicable period of the Term specified below. Interim Lease
Charges will be assessed for the period between the Delivery Date and the Commencement Date and will be shown on
the billing statement.
3. Reaffirmation of Lessee's Warranties. Lessee reaffirms that its representations and warranties set forth in the
Lease Agreement are true and correct on the date hereof.
4. Assignment. Lessor notifies Lessee that it intends to assign to 01 Exchange, LLC Lessor's rights (but not its
obligations) with respect to the purchase of the Leased Vehicles and the sale of the Leased Vehicles upon termination.
Lease Terms and Charges
Contract
Lease Program Type: NET
Lease Term: 36 Months
First Payment Due Day:
Day of the month:
Periodic Payment Method:
Payment Timing: ARREARSAdvance
Commencement Date: lZ 0400
Security Deposit: $
Periodic Lease Charges
Lease Charges:
36 @ $ 450 00
Excludes all taxes and other Charges
Name: City of Vernon
Address: 4305 S Santa Fe Ave
City: Los Angeles
State: CA Zip:90058
W
Ford COWERCIAL
Cred'€t
C�:ISRVICES ofeefliefise
VehiciefUnit Information
Vehicle Description
Tax Information
Unit No (Asset No):250111-- Garaging Location:
Lessee Unit Reference No: City: Los Angeles Tax Rate:Qt0
L
Description (Year, Make and Model): County: Los Angeles Tax Rate:
2.25%
1999 USED FORD EV RANGER-- Combined
Tax Rate: 8.25%
VlNlFTZR081XXTA14832 Stater CA
Tax Rate: 6.00%
Cap Cost:_$ 15.188.33- California Tire Fee (due at Supplement signing):$5.00
Mileage at Deliver
Delivery Date:.. X . J ! Property Tax Location
Security Deposit: $ Address: 4305 S SANTA FE AVE
City: LOS ANGELES
State: CA— Zip:90058
Lessor and Lessee have executed this Supplement a � X'
FORD MOTOR CREDIT COMPANY, Lessor- _._CITY_ OF VERNON Lessee Name
By;
Bruce V. Malkenhorst
Title: lit: X City Administrator/City Clerk
Date: Mite X
APPROVED AS TO FO
-4f _c4t��
EDUARDO OLIVO, City lcttorney
!1 • previous • /• •.
it •_ •. •• •. !• • !_ • •• •_ ♦ �! 1; -! ' e
•.
.1 t a a„ r >
FORD MOTOR CREDIT COMPANY
COMMERCIALEASE
SUPPLEMENT TO MASTER LEASE AGREEMENT (NET)
THIS IS A SUPPLEMENT (this "Supplement") to the MASTER LEASE AGREEMENT (NET) DATED _/ /
(the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and CITY OF VERNON ("Lessee").
The capitalized terms used in this Supplement shall have the same meaning as in the Lease Agreement, unless otherwise defined
herein. Subject to the terms and conditions of the Lease Agreement, which are incorporated herein by reference, Lessor and Lessee
agree as follows:
1. Leased Vehicles. The Leased Vehicles described in
the Vehicle Description Section below have been delivered to
and accepted by Lessee in good condition with mileage shown
below in the Vehicle Description section. The terms and
conditions of this Supplement shall apply solely to the Lease
Vehicles described herein. Lessee hereby certifies, under
penalty of perjury, that Lessee intends that more than fifty
percent (50%) of the use of each Leased Vehicle is to be used in
a trade or business of Lessee. Lessee is hereby advised that
Lessee will not be treated as the owner of the Leased Vehicles
for Federal income tax purposes.
2. Lease Terms and Charges. Commencing on the
Commencement Date indicated below, Lessee will pay Lessor
the Monthly Lease Charge on the Payment Due Date of each
month of the Term specified below. Interim Monthly Lease
Charges will be assessed for the period between the Delivery
Date and the Commencement Date and will be shown on the
billing statement.
CONTRACT
Lease Program Type: NET
Lease Term: 36 Months
Commencement Date: 9/ / l a w 2-
Payment Due Day: 1 st day of the month
Periodic Payment Method: MONTHLY
Payment Timing: Advance
3. Federal Highway Use Tag (FHUT) on Heavy
Vehicles. FHUT applies to vehicles with a taxable gross weight
(TGW) of 55,000 pounds and higher. TGW is generally defined
as the unloaded weight of the truck and trailer, plus the load
customarily carried by the truck or trailer. The TGW of all
heavy vehicles must be listed on the Federal Highway Use Tax
Declaration form. Lessor as owner of the Leased Vehicle must
file a heavy vehicle use tax return and pay related tax in a single
payment. Lessee agrees to promptly reimburse Lessor for such
tax when billed.
4. Assignment. Lessor notifies Lessee that it intends to
assign to QI Exchange, LLC Lessor's rights (but not its
obligations) with respect to the purchase of the Leased Vehicles
and the sale of the Leased Vehicles upon termination.
5. Reaffirmation of Lessee's Warranties. Lessee
reaffirms that its representations and warranties set forth in the
Lease Agreement are true and correct on the date hereof.
TERM AND CHARGES
PERIODIC LEASE CHARGES
36 Lease Charges @ $1.350.00
Excludes all taxes and other Charges.
FC17090 March 2001 (previous editions may not be used) - 09/11/02 2:57 PM- CA#57418 Page 1 Of 3
FORD MOTOR CREDIT COMPANY
COMMERCIALEASE
SUPPLEMENT TO MASTER LEASE AGREEMENT (NET)
THIS IS A SUPPLEMENT (this "Supplement") to the MASTER LEASE AGREEMENT (NET) DATED _/ /
(the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and CITY OF VERNON ("Lessee").
Vehicle/Unit Information
Unit No.: 250108
Lessee Unit Reference:
Description: 1999 Used FORD RANGER EV
Vm: IFTZR0818XTA74060
Capitalized Cost: $15,188.33
Lease Charge: $450.00
Mileage at Delivery
1J�•
Delivery Date: T/�/
Vehicle/Unit Information
Unit No.: 250110
Lessee Unit Reference:
Description: 1999 Used FORD RANGER EV
Vm: 1 FTZR0811 XTA74062
Capitalized Cost: $15,188.33
Lease Charge: $450.00
Mileage at Deliver
Delivery Date:
Vehicle/Unit Information
Unit No.: 250111
Lessee Unit Reference:
Description: 1999 Used FORD RANGER EV
Vin: 1 FTZR081 XXTA 14832
Capitalized Cost: $15,188.33
Lease Charge: $450.00
Mileage at Delive
Delivery Date: 2/�J /
VEHICLE DESCRIPTION
Garaging Location:
City: LOS ANGELES
County: LOS ANGELES
State: CA
Tax Information
Tax Type, Present Rate
RENTAL TAX, 0.00%
RENTAL TAX &TRANSIT, 2.25%
RENTAL TAX, 6.00%
California Tire Fee (due at Supplement signing for all vehicles garaged in
the State of California): $ I # of Tires:
Property Tax Location:
4305 S SANTA FE AVE
LOS ANGELES, LOS ANGELES, CA 90058
VEHICLE DESCRIPTION
Garaging Location:
City: LOS ANGELES
County: LOS ANGELES
State: CA
Tax Information
Tax Type, Present Rate
RENTAL TAX, 0.00%
RENTAL TAX &TRANSIT, 2.25%
RENTAL TAX, 6.00%
California Tire Fee (due at Supplement signing for all vehicles garaged in
the State of California): $ I # of Tires:
Property Tax Location:
4305 S SANTA FE AVE
LOS ANGELES, LOS ANGELES, CA 90058
VEHICLE DESCRIPTION
Garaging Location:
City: LOS ANGELES
County: LOS ANGELES
State: CA
Tax Information
Tax Type, Present Rate
RENTAL TAX, 0.00%
RENTAL TAX &TRANSIT, 2.25%
RENTAL TAX, 6.00%
California Tire Fee (due at Supplement signing for all vehicles garaged in
the State of California): $ # of Tires:
Property Tax Location:
4305 S SANTA FE AVE
LOS ANGELES, LOS ANGELES, CA 90058
FC17090 March 2001 (previous editions may not be used) - 09/11/02 2:57 PM- CA#57418 Page 2 Of 3
FORD MOTOR CREDIT COMPANY
COMMERCIALEASE
SUPPLEMENT TO MASTER LEASE AGREEMENT (NET)
THIS IS A SUPPLEMENT (this "Supplement") to the MASTER LEASE AGREEMENT (NET) DATED / /
(the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and CITY OF VERNON ("Lessee").
Lessor and Lessee have executed this Supplemets o
Lessor Lessee
FORD MOTOR CREDIT COMPANY CITY OF
By
Bruce V. Malkenhorst
Title City Administrator/City Clerk
Date
Approved As To Form
`7 y 20
CDIJARDO OLIVO
CITY ATTORNEY
FC17090 March 2001 (previous editions may not be used) - 09/11/02 2:57 PM- CA#57418
Page 3 of 3
Used Ranger EV Lease Warranty
Page 1 of 3
Ranger EV Lease Limited Warranty
The Ranger EV Lease Limited Warranty is provided by Ford Motor Company or Ford Motor Vehicle Assurance
Company (a subsidiary of Ford Motor Company, The American Road, Dearborn, MI 48121). If you require
details, call the Customer Relationship Center at 1-800-392-3673. The warranty coverage you receive will be the
same regardless of the warranty provider.
Ford will, subject to the following terms and conditions, repair or replace covered components during the Limited
Warranty Period:
TERMS AND CONDITIONS:
Eli ibili : Original and subsequent lessees of Ranger EVs are eligible to enforce the conditions and terms of this
limited warranty.
Limited Warranty Period: This Ranger EV Lease Limited Warranty begins when the Ford New Vehicle Limited
Warranty expires by time or mileage and remains in effect throughout the term of the Ranger EV lease
agreement. The Ranger EV Lease Limited Warranty terminates upon lease termination.
Procedure for Obtaining Repairs: Electric Rangers may only be serviced at Electric Vehicle (EV) Certified Ford
dealerships. Locations for these authorized facilities can be obtained by contacting the Altemative Fuel Customer
Assistance Center at 1-877-ALT-FUEL. Certified fleet operators may service their own Electric Rangers.
Covered Components:
Ranger EV Specific Components — Battery packU
traction inverter module (TIM), hi -voltage charger,
power steering unit, contactor box, motor/transaxle,
battery control module (BCM), DC to DC converter, A/C
— IMC, PTC module, A/C compressor, PTC heater
core, heater blower assembly EV unique, charge
inlet, 10 Module, interface adapter assembly (IAA),
coolant pump, internal battery cooling, wiring harness.
■ Rear Wheel Drive — Axle shafts, front -wheel
bearings, rear -wheel bearings, axle hub, retainers,
seals and gaskets, universal and constant
velocity joints.
■ Steering — Column lock (tilt wheel), idler arm,
linkages and couplings, power steering pump, pulley
assembly for the power steering pump; seals and
gaskets, power steering gear housing including all
internal parts.
• Front Suspension — Upper and lower ball joints,
upper and lower control arms, control arm shafts and
bushings, king pins and bushings, linkage and
bushings, load leveler suspension system, spindle and
spindle supports, springs (front and rear), stabilizer
bar, MacPherson struts, tie rods.
■ Brakes — Anti -lock brake module and sensor, backing
plates, power brake booster, calipers, combination
valve, lines and fittings, master cylinder, parking brake
linkage and cables, retainers and clips, self -adjusters,
brake pedal shaft, springs, wheel cylinders.
Limitations and Exclusions:
Safety —Air bag module assembly, door ajar warning
switch assembly, head rest retainers and sleeves (seat
belt), door lock cylinder, door lock lever assembly,
tailgate lock lever assembly, lock lever retainers, clips
and brackets, passive restraint module, air bag
diagnostic module assembly, seat belt buckles, seat
belt warning chime assembly, seat belt restraint
carrier, seat belt retractors, seat belt track assembly,
air bag sensors, shoulder strap track assembly, air bag
wiring assembly, seat belts/shoulder straps (guides,
bezels, brackets and supports).
■ Air Conditioning and Heating —A/C accumulator,
A/C compressor, automatic temperature control,
condenser, evaporator, heater blower motor, heater
control cables, heater core assembly, instrument panel
registers and air ducts, pulley.
■ Electrical — Charge and volt gauges, electric clock,
ignition lock, ignition switch, motorized mirrors
(Electrical only — not glass damage or breakage),
radiator fan relay, manually operated electrical
switches, temperature gauge, wiper motors, wiring
harnesses
• Ford Audio — Radio antenna (base assembly),
brackets, cables, wiring, factoryinstalled radio (AM,
AM/FM), speakers, cassette player.
■ High Tech — Dash pad, power door locks and retainer
dips (excluding door handles), power window
motors/regulators.
The following is not covered under this Ranger EV Lease Limited Warranty:
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1. Excluded Components:
• Mechanical - Service adjustments and cleaning, battery and cables, hoses, brakes (front hub, disc rotors, pads),
coolant, filters, fluids, lubricants, lights (bulbs, sealed beam, lenses), shock absorbers, squeaks and rattles, tires, wheel
balancing, wheel alignment, wiper blades, wheel studs.
• Exterior - Service adjustments, glass and body parts, bright metal bumpers, door handles, glass moldings,
ornamentation, paint, rust, sheet metal, side -view mirrors, (glass and housing), water leaks, weather strips, and
ornaments, tonneau cover, liners, zippers, and fasteners.
• Interior - Buttons, carpets, dash pad, door and window handles, knobs, rearview mirrors (glass and housing), trim and
upholstery.
2. Damage Caused by:
• accidents, collisions or objects striking the vehicle
• theft, vandalism, or riot
• fire or explosion
• freezing
• misusing the vehicle, such as driving over curbs, overloading, racing, or using the vehicle as a stationary power source
• altering or modifying the vehicle - including the body, chassis, or components - after the vehicle leaves Ford's control
• non -Ford parts installed after the vehicle leaves Ford's control. For example, but not limited to, cellular phones, alarm
systems, and automatic starting systems
• tampering with the vehicle
• disconnecting or altering the odometer or allowing the odometer to be inoperative for an extended period of time with
the results that the actual mileage cannot be determined
• using contaminated or improper fuel/fluids
• customer -applied chemicals or accidental spills
3. Damage Caused by Use and/or the Environment:
• Your Ranger EV Lease Limited Warranty does not cover surface rust and deterioration of paint, trim, upholstery, and
other appearance items that result from use and/or exposure to the elements. Examples are:
stone chips, scratches (some examples are on - bird and bee droppings
paint and glass) - lightning, hail
- dings, dents - windstorm
- cuts, burns, punctures or tears - earthquake
- road salt, tree sap - water and flood
4. Damage Caused by Improper Maintenance:
Your vehicle must be properly operated and maintained in accordance with the maintenance schedule in the service
guide of the Owner's Guide for the vehicle. Proof of maintenance may be required before the vehicle is eligible for repair
of covered components.
• Your Ranger EV Lease Limited Warranty does not cover damage caused by the failure to maintain the vehicle,
improperly maintaining the vehicle, or using the wrong part, oil, lubricant, or fluids. See the Owner Guide for correct fluid
types and levels, and ways to properly maintain your vehicle.
5. Maintenance/Wear:
Your Ranger EV Lease Limited Warranty does not cover: (1) parts and labor needed to maintain the vehicle; and (2) the
replacement of parts due to normal wear and tear. You, as the owner, are responsible for these items. Examples from
the Owners Guide are:
- oils, lubricants, other fluids
- brake linings/pads
- fire rotation
- cleaning/polishing
- wiper blades
Limitations and Exclusions (Continued):
- climate control filter
- front wheel bearing lubrication
- cooling system
- replacement of transaxle fluid
- power steering fluid
6. Your Ranger EV Lease Limited Warranty also does not cover:
• non -Ford parts of your vehicle, for example, parts (including glass) installed by body builders or manufacturers other
than Ford, or damage to Ford components caused by installation of non -Ford parts
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• vehicles that have ever been labeled or branded as "dismantled", "fire", "flood', "junk', "rebuilt', "reconstructed", or
"salvaged'; this will void the Ranger EV Lease Limited Warranty
• vehicles that have been determined to be a "total loss" by an insurance company; this will void the Ranger EV Lease
Limited Warranty.
Repairs: When making warranty repairs on your vehicle, the dealer will use Ford, MotorCraft, remanufactured, or
used parts that are authorized by Ford. Parts can be ordered from http://gcdealer.dealerconnection.com
Repair or Replacement of Ranger EV Specific Components: As stated in the disclosure statement that
accompanies the lease agreement, If it is determined that a component critical to the operation of this Lease
Vehicle is not available under reasonable terms and conditions, Ford Motor Company reserves the right to direct
the lessor (Ford Motor Credit Company) to terminate the lease prior to lease maturity without further liability of
lessee after the termination date (any unused portion of an advance payment will be refunded).
Battery Pack Repairs and Replacement: The lessee understands that battery packs have a limited life span and
that battery packs may not always be available in the event the battery requires replacement. Accordingly, in the
event of a battery pack failure, Ford Motor Company reserves the right to either: 1) repair the pack, or 2) direct the
lessor (Ford Motor Credit Company) to terminate the lease prior to lease maturity (any unused portion of an
advance payment will be refunded).
Transportation Reimbursement: Once it has been determined by the repairing dealer that the repair is covered
under this Ranger EV Lease Limited Warranty and so long as the vehicle is kept overnight by the repairing dealer,
transportation reimbursement will be made for rental charges up to $28 per day for up to ten days while the repair
is being completed. In order to qualify for transportation reimbursement, the rental vehicle must be rented from a
Ford or Lincoln-Mercury dealership or other commercial agency.
Towing Reimbursement: If a covered part fails and makes towing to the repairing dealership necessary, towing
costs not covered by insurance will be covered for up to $100.
THE WARRANTOR SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS
WARRANTY.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE APPLICABLE LIMITED WARRANTY
PERIOD AND TERMS SET FORTH ABOVE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS,
WHICH MAY VARY FROM STATE TO STATE.
'u See limitations to battery coverage; pg. 3, "Battery Pack Repairs and Replacement"
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FORD ALTERNATIVE FUEL VEHICLES
{Net "se)
MASTER LEASE AGREEMENT
•
THIS MASTER LEASE AGREEMENT (this "Lease Agreement") is between
City of Vernon -.("Lessee"), a
corporation, municipality or other entity organized under the laws of the State of California , whose
address is 4305 S Santa Fe Ave Los Angeles CA 90058 , and FORD
MOTOR CREDIT COMPANY ("Lessor"), a Delaware corporation. In consideration of the mutual promises and
undertakings set forth herein, the receipt and sufficiency thereof are hereby acknowledged, Lessor and Lessee agree as
follows:
1. LEASED VEHICLES. Lessor agrees to purchase and lease to Lessee, and Lessee agrees to lease from
Lessor, the vehicles, including all modifications, alterations or additions thereto (the "Leased Vehicles"), described in one
or more Supplements ("Supplement(s)") attached hereto, subject to the terms and conditions of this Lease Agreement
and the applicable Supplement. For the lease of each Leased Vehicle, Lessee shall pay to Lessor all charges,
reimbursements or payments (collectively, the "Charges") in accordance with this Lease Agreement and the applicable
Supplement. Lessee shall reimburse Lessor for any costs incurred by Lessor in connection with any vehicles ordered by
Lessee for lease hereunder, but not accepted by Lessee upon delivery for any reason.
2. CHARGES.
(a) Charges. The periodic lease Charge (the "Lease Charge") for each Leased Vehicle shall be set forth in
the applicable Supplement, and may be a single payment paid at the commencement of the Lease Term (as defined
herein) or paid on a monthly, quarterly or yearly basis as set forth in the applicable Supplement. Lessee may retain any
and all volume discounts, fleet rebates and dealer incentives it receives from manufacturers or vendors for leasing the
Leased Vehicles, with no obligation to account to Lessor for such incentive payments, unless otherwise agreed in writing
by Lessor and Lessee.
(b) Billing and Payments. During the Lease Term, Lessor will bill Lessee for the Lease Charge and all other
Charges then due and payable. All Charges will be due on the Payment Due Day, as specified in the applicable
Supplement. If Lessee fails to pay any Charge when due, Lessee will pay to Lessor, as an additional Charge, interest on
such overdue Charge from its due date at a rate equal to the lesser of (i) 1.25% of such overdue Charge for each month
or partial month the Charge is past due, or (ii) the maximum rate permitted by applicable law. Lessee shall pay to Lessor
or its assignee, as directed by Lessor, all Charges payable under this tease Agreement without further notice or demand.
Lessee's obligations to Lessor or its assignee under this Lease Agreement, including without limitation payment of all
Charges, shall not be subject to any reduction, abatement, defense, counterclaim, set off or recoupment which Lessee
may now or hereafter have against Lessor or such assignee.
3. TERM AND TERMINATION.
(a) Lease Term. The lease term ("Lease Term") for each Leased Vehicle will commence on the date the
Leased Vehicle is delivered to Lessee, and unless terminated under Paragraphs 10 11, or 12, shall expire on the later of
(i) the last day of the Term specified in the applicable Supplement, or (ii) the day such Leased Vehicle is returned to
Lessor in accordance with Paragraph 9. Lessor and Lessee may extend the Lease Term for a Leased Vehicle at the
applicable Lease Charge by mutual written agreement.
(b) Termination of Lease Agreement. The term .of this Lease Agreement shall commence on the date
hereof and shall continue until terminated by either party upon ten days prior written notice to the other of the effective
date of such termination (the "Termination Date"); provided, however, the terms and conditions of this Lease Agreement
and the obligations of Lessee hereunder and any Supplement(s) with respect to Leased Vehicles leased prior to the
Termination Date shall remain in full force and effect until all such obligations have been fulfilled. At anytime and in its
sole discretion, Lessor shall have the right to terminate, rescind or suspend this Lease Agreement with respect to the
lease of any additional vehicles, to require the satisfaction of any additional or modified conditions precedent to any
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lease of any additional vehicles, and to determine the extent, if any, to which Lessor will lease additional vehicles to
Lessee under this Lease Agreement
(c) Termination of Leased Vehicle. The termination or expiration of the lease of a Leased Vehicle shall
apply solely to that Leased Vehicle and will not result in the termination of this Lease Agreement or the lease of any other
Leased Vehicles hereunder, and the rights and obligations of Lessor and Lessee under this Lease Agreement and the
Supplement(s) hereto shall continue in full force and effect with respect to the remaining Leased Vehicles subject to this
Lease Agreement.
4. REGISTRATION AND TAXES.
(a) Registration of Leased Vehicles. Lessee shall, at its expense, register, title and license each Leased
Vehicle in the manner prescribed by Lessor so as to maintain Lessor's ownership and insurable interest in the Leased
Vehicle and forward such title to Lessor at its Commercial Lending Branch located at 765 The City Dr #401 Orange.
CA 92868- — Lessee shall provide to Lessor any documentation pertaining to
a Leased Vehicle as Lessor may from time to time request.
(b) . Taxes. The Lease Charge excludes all sales and use taxes. Lessee will pay, or reimburse Lessor, as the
case may be, for any sales and use taxes relating to the Leased Vehicles and any Charges under this Lease Agreement.
Lessee will determine and pay all fees, assessments, taxes and expenses whatsoever with respect to each Leased
Vehicle and/or required by the business of Lessee or resulting from Lessee's operation and use of the Leased Vehicles,
including without limitation any license fees and any excise, property, mileage and fuel taxes. Lessee will file all reports
relating to such fees, assessments and taxes.
S. OPERATION OF LEASED VEHICLES.
(a) Alterations. Lessee shall equip all Leased Vehicles in a manner approved by Lessor. Lessee shall not
make any additions, alterations or modifications to the Leased Vehicles during the Lease Term; except for additions to a
Leased Vehicle which are approved in writing by Lessor and are readily removable without any damage to the Leased
Vehicle.
(b) Use of Leased Vehicles. Lessee shall use all Leased Vehicles in its business and in accordance with the
terms and conditions of this Lease Agreement and all applicable governmental and insurer requirements and limitations.
Each Leased Vehicle will be operated by a properly licensed employee or agent of Lessee subject to Lessee's exclusive
direction and control. Lessee will not allow the Leased Vehicles to be operated (i) by a driver in possession or under the
influence of alcohol or any drug which may impair his ability to operate the Leased Vehicle, (ii) in a reckless or abusive
manner, (iii) on a flat tire, (iv) improperly loaded, or loaded beyond the licensed weight recommend by the manufacturer
of the Leased Vehicle, (v) to transport hazardous dangerous cargo, including without limitation, explosives, flammable
liquids, compressed gasses, corrosive liquids, poisons, radioactive materials or other regulated materials, unless
otherwise approved by Lessor in writing, or (vi) off an improved road or highway. Lessee will not remove the Leased
Vehicle from the United States without the prior written consent of Lessor. Upon Lessor's request Lessee will provide
Lessor with a list of all states in which the Leased Vehicles are located.
(c) Repair and Maintenance. Lessee will maintain, repair and service the Leased Vehicles at its own
expense in accordance with the manufacturer requirements and recommendations, and will be responsible for all
operating expenses of each Leased Vehicle, including, without limitation, gasoline, oil, grease, antifreeze, maintenance,
adjustments and repairs and storage, fines, towing and servicing of the Leased Vehicles. Lessee will use, or authorize the
use of, only manufacturer -approved replacement parts in the repair or maintenance of the Leased Vehicles.
6. INSURANCE.
(a) Insurance Coverages. Lessee shall provide, or cause to be provided, on each Leased Vehicle during the
Lease Term thereof insurance with coverage and amounts not less than the following:
$300,000 bodily injury per accident
$50,000 property damage.
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Collision and Comprehensive Coverage with deductible not to exceed $1,000
Lessee, at its own expense, shall provide, or cause to be provided, any other insurance and post any bonds required by
any governmental authority with respect to the operation of any Leased Vehicle and will include Lessor as a named
insured in any and all cargo, transportation or floater insurance policies covering any Joss or damage to any goods or
other property transported by any Leased Vehicle, and Lessee releases Lessor for any loss or damage to such goods and
property.
(b) Insurance Policy Terms. Each insurance policy provided by Lessee pursuant to this Paragraph shall (i)
insure Lessor, as owner and lessor of the Leased Vehicles, Lessee, and any person leasing or driving the Leased Vehicle
with valid permission, (ii) designate Lessor as both loss payee and additional insured on such policy without regard to any
breach of warranty or other act or omission of Lessee and shall include a loss payable endorsement for the benefit of
Lessor, and (iii) require the insurer to notify Lessor promptly of any cancellation or material change to the policy for any
reason and provide that such cancellation or change will not be effective as to Lessor for 20 days after receipt by Lessor
of such notice.
(c) Evidence of Insurance. Lessee shall deliver to Lessor a certificates of insurance issued by its insurer
evidencing the insurance coverages required by this Paragraph upon execution of this Lease Agreement hereof and
evidencing each renewal of such coverages not less than 30 days prior to the expiration of the original policy or
preceding renewal policy. in addition, at the request of Lessor, Lessee will provide copies of each such insurance policy
and receipts or other evidence that the premiums thereon have been paid.
(d) Insurance Claims. If any claim is made or action commenced for personal injury or death or property
damage in connection with any Leased Vehicle, Lessee shall promptly notify Lessor and the insurer and furnish each with
a copy of each process and pleading received in connection therewith and diligently defend against such claim or action
and/or cooperate in the defense thereof. Lessee shall promptly furnish to the insurer a report of any accident involving a
Leased Vehicle on the form acceptable to such insurer.
7. LOSS OF LEASED VEHICLE. Lessee shall bear the entire risk of the Leased Vehicle(s) being lost,
stolen, destroyed, damaged or otherwise rendered permanently unfit or unavailable for use. If a Leased Vehicle suffers a
total loss or is stolen prior to the end of its Lease Term, Lessee shall pay Lessor an amount equal to (i) the Lease Charge
for the month in which such loss or theft occurs, (ii) any other Charges then due and owing, and (iii) the Early
Termination Value, as defined in Paragraph 10 (a), for such Leased Vehicle as calculated by Lessor for the month in
which such loss or theft occurs. Any insurance proceeds shall be for the account of Lessee to the extent of Lessee's
payment pursuant to this Paragraph 7. If the Leased Vehicle suffers a partial toss, Lessee will immediately repair any
damage to a Leased Vehicle, and Lessor will make the proceeds of any insurance coverage available to Lessee for such
repairs.
8. PERFORMANCE BY LESSOR. If Lessee fails for any reason to perform any of its obligations under this
Lease Agreement, Lessor may (but shall not be obligated) to perform such obligations, without relieving Lessee of its
obligation to do so. Lessee shall reimburse Lessor upon demand for any costs and expenses incurred by Lessor in
connection with such performance as an additional Charge under this Lease Agreement.
9. RETURN OF LEASED VEHICLE. Upon the expiration or termination of the Lease Term of any Leased
Vehicle, Lessee will return, at its own expense, such Leased Vehicle to a reasonable location designated by Lessor in
good operating condition and in accordance with the Minimum Return Standards set forth on Schedule A attached hereto
and incorporated herein, which reflects ordinary wear and tear allowed by Lessor. Lessee will also return any unexpired
license plates with each Leased Vehicle where required. In all other jurisdictions, Lessee will promptly destroy or transfer
the unexpired license plates from returned Leased Vehicles. If Lessor has not received title documents for the Leased
Vehicle in order to permit sale of such Leased Vehicle or such Leased Vehicle is not returned to Lessor in accordance
with this Paragraph 9, then Lessee will pay Lessor the then applicable Early Termination Value and Lessor will transfer all
of its rights and title and interest in such Leased Vehicle to Lessee.
10. EARLY TERMINATION BY LESSEE.
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(a) Election to Termi t Lessee may terminate the lease of any Leased Vehicle prior to the expiration of
the term thereof by giving Lessor rior written notice of its election to terminate such lease. The effective date
of such termination shall be the date on which such Leased Vehicle is returned to Lessor in the manner and condition
required by Paragraph 9 hereof.
(b) Sale or Re -Lease of Leased Vehicle. Within a reasonable period of time after return of the Leased
Vehicle, Lessor will use its reasonable efforts to sell or re -lease the Leased Vehicle. Any sale of a Leased Vehicle by
Lessor shall be at wholesale and may be public or private and with or without notice to Lessee, and shall be only for cash
payable in full upon delivery of the Leased Vehicle and its title papers to the purchaser, and shall be on an "AS IS,
WHERE IS, BASIS" WITH NO RECOURSE TO OR WARRANTY BY LESSOR.
(c) Lessee Obligations. Lessor will notify Lessee in writing of the sale or re -lease of the Leased Vehicle and
the Charge owed by Lessee as a result of the early termination of such Leased Vehicle, which will be equal to (i) the
Lease Charge for the month in which the termination occurs, (ii) any other Charges, including Excess Mileage Charges or
Excess Operating Charges then due and owing and (iii) an amount equal to the applicable Early Termination Value of
such Leased Vehicle on the effective date of termination, less (iv) the Net Proceeds from the sale of such Leased
Vehicle. Lessee will pay Lessor such Charge within 60 days after such written notice.
(d) Definitions of Net Proceeds and Early Termination Value. For purposes of this Lease Agreement, the
term "Net Proceeds" shall mean the amount received by Lessor from the sale of the Leased Vehicle, less all expenses
incurred by Lessor in selling the Leased Vehicle and all debts of Lessee which, if not paid, might constitute a lien on the
Leased Vehicle or a liability of Lessor. The term "Early Termination Value" for a Leased Vehicle for any particular month
during the Lease Term will be equal to (1) the Capitalized Cost of such Leased Vehicle, plus (2) any Charges (including
any Excess Mileage and Excess Operating Charges) due and payable under the Lease Agreement with respect to the
Leased Vehicle, plus (3) the applicable Early Termination Premium (as defined below), less (4) that part of the Lease
Charges paid by Lessee with respect to the Leased Vehicle, which has been earned by Lessor on an actuarial basis, and
less (5) any Security Deposit which may have been paid by Lessee. The term "Early Termination Premium" shall mean
(x) an amount equal to seven percent of the Capitalized Cost of a Leased Vehicle if the termination occurs in the initial
twelve months of the Lease Term, or (y) an amount equal to four percent of the Capitalized Cost of a Leased Vehicle if
the termination occurs after the initial twelve months of the Lease Term.
(a) EARLY TERMINATION BY LESSOR. Upon at least 30 days prior written notice to Lessee specifying the
effective date of such termination, Lessor shall have the right to terminate the lease of any Leased Vehicles prior to the
expiration of the Lease Term in the event that (a) Lessor determines that any component critical to the operation of the
Lease Vehicle is not available under reasonable terms and conditions, or (b) the manufacturer of the Leased Vehicle
requests Lessor to terminate the lease of such Leased Vehicle for any reason, including without limitation unforeseen
events that cause the manufacturer to limit or cancel the distribution of the make and model of the Leased Vehicles.
Upon the termination of the lease of a Leased Vehicle, Lessee will return the Leased Vehicle to Lessor in the manner and
condition required by Paragraph 9, and Lessee will have no responsibility for any Charges for the Leased Vehicle
accruing after the date that the Leased Vehicle is returned to Lessor.
12. DEFAULT AND REMEDIES.
(a) Events of Default. Lessor may terminate this Lease Agreement at any time with respect to any or all of
the Leased Vehicles by written notice to Lessee upon the occurrence of any of the following events of default: (i) failure
to pay any Charge or any other sum payable to Lessor hereunder and such failure continues for 10 days after written
notice thereof to Lessee, or (ii) failure or refusal by Lessee to operate the Leased Vehicles in accordance with this Lease
Agreement and the applicable Supplement and such operation results in damage, excessive use or abuse of such
Leased Vehicle, or (iii) failure or refusal by Lessee to perform any other obligation or covenant of Lessee hereunder and
such failure or refusal continues for 30 days after written notice thereof to Lessee, or (iv) any representation or warranty
made by Lessee shall prove to be false or misleading in any material respect as of the date on which the same was
made, or (v) the filing of any petition by or against Lessee under any bankruptcy or insolvency law or the making by
Lessee of any assignment for the benefit of creditors or the appointment of any trustee or receiver for all or any part of
Lessee's business or assets or the assignment (voluntary or involuntary) of Lessee's interest in any Leased Vehicle or the
attachment of any lien or levy on any Leased Vehicle (unless such petition, assignment, appointment, or attachment is
withdrawn or nullified within fifteen days).
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(b) Remedies of Lessor. Upon termination by Lessor pursuant to Paragraph 11 (a), Lessee shall deliver the
Leased Vehicle(s) to Lessor the manner and condition required by Paragraph 9. If Lessee fails to return the Leased
Vehicle(s), Lessor may repossess the same at any time wherever the Leased Vehicles may be located and may enter
upon the premises of Lessee for the purpose of repossessing the Leased Vehicle(s). Lessor shall dispose of such
returned or repossessed Leased Vehicle in accordance with Paragraph 10 (b), and Lessee shall pay to Lessor an
additional Charge calculated in accordance with Paragraph 10 (c). Lessor shall hold and dispose of any repossessed
Leased Vehicle(s) free and clear of this Lease Agreement and any rights of Lessee in the Leased Vehicle(s). Subject to
applicable law, Lessee agrees to pay to Lessor reasonable attorney fees if this Lease Agreement is placed with an
attorney other than an employee of Lessor for collection. In addition, Lessor may exercise its remedies under Paragraph
16 (b).
(c) Remedies Cumulative and Concurrent. The rights and remedies of Lessor under this Lease Agreement
shall be cumulative and in addition to any other right, remedy or power herein specifically granted or now or hereafter
existing in equity, in law, by virtue of statute or otherwise and may be pursued separately, successively, concurrently,
independently or together against Lessee or any other party, at the sole discretion of Lessor, and may be exercised as
often as occasion therefor shall arise. The failure to exercise any such right or remedy shall in no event be construed as
a waiver or release thereof, nor shall the choice of one remedy be deemed an election of remedies to the exclusion of
other remedies. Acceptance of Charges in arrears shall not waive or affect any right of Lessor to declare an Event of
Default and exercise any remedies hereunder.
13. INDEMNITY. Lessee shall indemnify and hold Lessor, its agents and employees, harmless against any
and all losses, claims, damages or expenses (including attorney's fees) (the "Liabilities") connected with or arising out of
the ownership, management, control, use, storage, condition (including, without limitation, defects, whether or not
discoverable by. Lessor or Lessee), maintenance or operation of any Leased Vehicle, or any default by Lessee in the
performance of any of its obligations hereunder, including without limitation, (i) any Liabilities incurred by Lessor as a
result of Lessee's failure to obtain and maintain insurance as required by Paragraph 6, (ii) any Liabilities incurred by
Lessor in excess of the limits of any insurance coverage provided by Lessee, (iii) any Liabilities relating to the loss or
damage to the Leased Vehicles, (iv) any Liabilities incurred by Lessor as a result of the failure of Lessee to operate the
Leased Vehicles in accordance with the terms of this Lease Agreement and the applicable Supplement, (v) any Liabilities
with respect to any goods or other property transported by a Leased Vehicle, and (vi) any Liabilities which Lessor would
not otherwise be required to pay under the terms of this Lease Agreement. Lessee shall promptly notify Lessor of any
such Liability. The indemnities set forth herein shall survive the termination or expiration of this Lease Agreement and
any Supplement.
14. LESSEE'S WARRANTIES AND COVENANTS.
(a) Lessee represents and warrants to Lessor that:
(1) Lessee is and shall at all times hereafter be duly organized, validly existing and in good standing
under the laws of the jurisdiction under which it is organized, registered or incorporated and it has
duly organized the execution, delivery and performance of this Lease Agreement;
(2) This Lease Agreement has been duly and validly executed and delivered by Lessee and constitutes
the valid and binding obligation of Lessee;
(3) All financial statements presented to Lessor have been prepared in conformity with generally
accepted accounting principles consistently applied, and fairly and accurately represent Lessee's
financial condition and income as of the date given, and since the date of such financial statements
there has been no material adverse change in the financial condition of Lessee or any guarantor of
Lessee's obligation hereunder; and
(4) Lessee has read this Lease Agreement prior to signing.
(b) Lessee shall provide Lessor with at lease 30 days prior written notice of a change to Lessee's (A) legal
name, (B) state of incorporation, registration or organization, (C) tax identification number, (D) location of
its chief executive office, or (E) type of business organization (such as, corporation, partnership, etc.).
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(c) Without Lessor's written approval, Lessee shall not (1) sell, transfer or otherwise dispose of any of its
assets, except in the ordinary course of business, (2) sell, transfer or otherwise dispose of any of
Lessee's interest in this Lease Agreement, the Leased Vehicles or any Supplement, (3) consolidate with
or merge into any other business entity or permit any other business entity to consolidate with or merge
into Lessee, or (4) allow the sale, pledge, assignment, encumbrance or transfer to a third party of more
than 20% of the voting stock, partnership interests or ownership interest (as the case may be) of Lessee.
15. DISCLAIMER OF WARRANTIES AND CONSEQUENTIAL DAMAGES; FORCE MAJEURE.
(A) LESSEE ACKNOWLEDGES THAT LESSOR IS NOT THE MANUFACTURER, DESIGNER,
PRODUCER, OR DISTRIBUTOR (OR AGENT OF ANY OF FOREGOING) OF THE LEASED VEFIICLES.
(B) LESSEE ACKNOWLEDGES AND AGREES THAT LESSOR MAKES NO WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, (1) AS TO THE FITNESS, SAFENESS, DESIGN, MERCHANTABILITY,
CONDITION, QUALITY, CAPACITY OR WORKMANSHIP OF THE LEASED VEHICLES, OR (2) THAT THE LEASED
VEHICLES WILL SATISFY THE REQUIREMENTS OF ANY LAW OR ANY CONTRACT SPECIFICATION. AS
BETWEEN LESSOR AND LESSEE, LESSEE AGREES TO BEAR ALL SUCH RISKS AT ITS SOLE RISK AND
EXPENSE.
(C) LESSEE SPECIFICALLY WAIVES ALL RIGHTS TO MAKE CLAIM AGAINST LESSOR AND ANY
LEASED VEHICLES FOR BREACH OF ANY WARRANTY OF ANY KIND WHATSOEVER, AND AS TO LESSOR,
LESSEE LEASES THE LEASED VEHICLES "AS IS." CALIFORNIA LESSEES WAIVE THE PROVISIONS OF
SECTIONS 1955 AND 1957 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA.
THAT IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCONVENIENCES, LOSS OF PROFITS OR ANY
OTHER CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES WHATSOEVER OR HOWSOEVER CAUSED,
INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM ANY DEFECT IN ANY LEASED VEHICLE, OR
ANY THEFT, DAMAGE, LOSS OR FAILURE OF ANY LEASED VEHICLE. THERE SHALL BE NO ABATEMENT OR
SETOFF OF LEASE CHARGES BECAUSE OF THE SAME.
LESSOR SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN DELIVERING ANY LEASED VEHICLE
ORDERED FOR LEASE PURSUANT TO THIS LEASE AGREEMENT OR FOR ANY FAILURE TO PERFORM ANY
PROVISION, RESULTING FROM FIRE OR OTHER CASUALTY, RIOT, STRIKE OR OTHER LABOR DIFFICULTY,
GOVERNMENTAL REGULATION OR RESTRICTION, OR ANY CAUSE BEYOND LESSOR'S CONTROL.
16. VEHICLE WARRANTIES. Lessor assigns to Lessee for the Lease Term of each Leased Vehicle the
warranties, including those warranties from the manufacturer which may be attached hereto, provided to the Lessor by
any dealer, manufacturer, distributor or vendor selling the Leased Vehicles to Lessor; and Lessee may communicate with
such dealer, manufacturer, distributor or vendor and receive an accurate and complete statement of those promises and
warranties, including any disclaimers and limitations of them or of remedies. Lessee will resolve any claims under such
warranties directly with the appropriate dealer, manufacturer, distributor, vendor or third party. Any such claim will not
affect in any manner the unconditional obligation of Lessee to pay any Charge or perform its obligations hereunder.
17. LEASEHOLD INTEREST; SECURITY INTEREST.
(a) Leasehold Interest. Lessor is the owner of the Leased Vehicles, including all modifications, alterations
and additions thereto which are included in the Capitalized Cost. Lessor and Lessee acknowledge and agree that this
Lease Agreement is a lease of personal property for commercial and federal income tax purposes, and that Lessee does
not acquire any right, title or interest in the Leased Vehicles or any proceeds thereof, except the right to possess and use
the Leased Vehicles in accordance with the terms of this Lease Agreement and the applicable Supplement. Lessor and
Lessee agree that Lessor is the only party entitled to claim income tax deductions for asset cost recovery, depreciation or
investment tax credits (if any) with respect to the Leased Vehicles under the Internal Revenue Code of 1986 and
applicable state laws.
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(b) Assignment of Leases and Subleases. To securethe full and punctual payment and performance of its
obligations under this Lease, Lessee assigns to Lessor all Lessee's 'right, title and interest, whether now existing or
hereafter acquired, in any lease or sublease of a Leased Vehicle, including the right to collect any rental, lease or other
payments which may come due thereunder (the "Assigned Payments"). So long as no Event of Default has occurred and
is continuing, Lessee may collect the Assigned Payments. If an Event of Default occurs, then Lessor may require Lessee
to endorse and remit to Lessor all Assigned Payments in the same form as received by Lessee, or may direct any lessee
or sublessee to pay the Assigned Payments directly to Lessor. Lessee will obtain the consent of any sublessee or lessee
to assignment of the sublease or lease set forth in this Paragraph 18 (b), and shall furnish such other documents to -
perfect this assignment as Lessor may require.
(c) Security Interest. in the event any court determines that this Lease is not a true lease, then Lessee
hereby grants Lessor a security interest in the Leased Vehicles, together with all accessions, replacements and
substitutions therefor or thereto and proceeds thereof, including without limitation any Charges, proceeds of sale,
exchange or other disposition of the Leased Vehicles, proceeds of any damage claim or insurance covering the teased
Vehicles, and the proceeds due or to become due from Lessee, any sublessee or third party with respect to the Leased
Vehicles. At the written request of Lessor, Lessee will execute and deliver to Lessor any financing statement or other
instrument required to perfect the foregoing security interest, and agrees to pay or reimburse Lessor for any searches,
filings, recordings or stamp fees or taxes arising from the filing or recording of any such instrument or statement. Lessee
authorizes Lessor to file manually or electronically this Lease Agreement or any financing statement with respect to this
Lease Agreement or the Leased Vehicles and to execute Lessee's name to any such financing statement. Any such filing
shall not be deemed evidence of any intent to create a security interest under the Uniform Commercial Code.
18. INSPECTION; FINANCIAL STATEMENTS. During normal business hours, Lessor and its authorized
representatives may inspect each Leased Vehicle and the books and records of Lessee relative thereto, including without
limitation, any leases, subleases and insurance records. Lessor shall have no duty to make any such inspection and
shall not incur any liability or obligation by reason of making or not making any such inspection. In addition, at the
request of Lessor, Lessee shall furnish Lessor any financial statements of Lessee, including, without limitation, balance
sheets and income statements. Lessee will provide Lessor with any information requested by Lessor with respect to
Lessee's use and operation of any Leased Vehicle.
19. MISCELLANEOUS TERMS AND CONDITIONS.
(a) Assignment and Sublease. Lessee may not assign this Lease Agreement or any right hereunder, in
whole or in part, or sublease or otherwise deliver, transfer or relinquish possession of a Leased Vehicle, without the prior
written consent of Lessor. Any consent by Lessor to such transactions will be subject to satisfaction by Lessee and the
sublessee or assignee (as the case may be) with the requirements of Lessor. Lessor may, at any time, without notice to
Lessee, mortgage, grant a security interest in or otherwise transfer, sell or assign all or any part of its interest in this
Lease Agreement, any Supplement, any Leased Vehicle or any Charges or other sums due or to become due hereunder,
subject to Lessee's right to possess and the use the Leased Vehicles in accordance with the terms and conditions of this
Lease Agreement and any applicable Supplement.
(b) Notices. Any notice required or permitted by this Lease Agreement shall be in writing and given by
personal delivery or sent by United States Mail, postage prepaid, addressed to Lessee at the Lessee's current billing
address and addressed to Lessor at the address set forth on the most recent billing statement.
(c) No Implied Waivers. The waiver by either party of, or failure to claim, a breach of any provision of this
Lease Agreement shall not be deemed to be a waiver of any subsequent breach or to affect in any way the effectiveness
of such provision.
(d) Entire Agreement. This Lease Agreement shall constitute the entire agreement between the parties and
may not be changed except by an instrument in writing, signed by the party against whom the change is to be enforced.
(e) Non -Substantive Data. Lessee authorizes Lessor to insert in this Lease Agreement serial numbers, other
identification data of the Leased Vehicles when determined by Lessor and dates or other unintentionally omitted
non -substantive items to render this Lease Agreement complete.
Ma�tAprit Q01 previous editions may not apply-09/11 /200298/39/2891-95(29/2804. 4:00 PM4:33 R 1-PM 79
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ease
M Governing Law. This Lease Agreement shall be governed by and construed in accordance with the laws
of the state of Lessee's chief executive office is located, as indicated below.
(g) Men . Lessee shall never at any time during the term of this Lease Agreement be or become the
agent of Lessor for any purpose whatsoever. Lessor shall not be responsible for the acts or omissions of Lessee or its
agents.
(h) Assi nment. Lessor notifies Lessee that it intends to assign to QI Exchange, L.L.C. Lessor's rights (but
not its obligations) with respect to the purchase of the Leased Vehicles and the sale of the Leased Vehicles upon
termination.
IN WITNESS WHEREOF, the parties have duly executed this Lease Agreemen k"_
LESSOR LESSEE C Y OF VERI�T��
FORD MOTOR CREDIT COMPANY
By: *1 lFruce V. Malkenhorst
Title: City Administrator/City Clerk
a
Lessee's Chief Executive Offic California
Lessee's State of Organization : _ Cali Porn; a
Lessee's Tax ID Number. x.r 95-9nnnhn
MODIFICATION: This Lease Agreement sets forth all of the agreements of the Lessor and the Lessee for the
lease of the Leased Vehicles. There is no other agreement. Any change in this Lease Agreement must be in writing and
signed by the Lessee and Lessor.
Lessee: C OF VERNON
f._, Bruce V. Malkenhorst
e-JC® City Administrator/City Clerk
GUARANTEE
APPROVED As T
Eduardo Olivo, City Attorney
In consideration of the Lessor leasing to Lessee and other good and valuable consideration, the receipt of which
is hereby acknowledged by the undersigned, the undersigned guarantor unconditionally guarantees payment of all
amounts due or to become due to the Lessor named in the above Lease Agreement, including without limitation, all lease
charges and any amounts owing following surrender and sale of a Leased Vehicle.
(Guarantor)
By:
Title:
(Guarantor) Name:
AyApri#-2001 previous editions may not apply-09/11/2002OSMO/2001O �'�'�,� '�,2001 4:00 PM4!3"...3:31 PM 89
coAMEncw.
OO s�Ennc--
6ieen[easesm .�
SCHEDULE A
MINIMUM RETURN STANDARDS
Leased vehicles returned to Lessor pursuant to Paragraph 9 must meet the following conditions/standards:
1. No body damage in excess of $100.
2. Sound mechanical operating condition.
3. No frame, fire or water damage (any Leased Vehicles returned with such damage will be treated as a loss under
Paragraph 7 of the Lease).
4. No severe body damage which has been poorly repaired.
5. No glass damage.
6. All tires must have 4/32" tread remaining, including the spare, and all tires must meet Ford original equipment
standards and must be matched.
7. No carpet or upholstery damage, including burns and stains.
8. All original factory equipment as noted on the factory invoice must be on the vehicles. Mussing parts (bodyside
moldings, wheel covers, spare tire, etc.) are to be replaced before the car is returned. All parts must meet Ford
original equipment standard.
Ma}tAP&2001 previous editions may not apply-09/11/2002 4:00 PM4:33 PM3:31--PM
99
COMMERCIAL
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#tod/11fifise My
SUPPLEMENT TO
GREENLEASE MASTER LEASE AGREEMENT
(NET LEASE)
THIS IS A SUPPLEMENT to the GREENLEASE MASTER LEASE AGREEMENT (NET LEASE) DATED
I X (the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and
City Of Vernon ("Lessee"). The capitalized terms used in this
Supplement shall have the same meaning as in the Lease Agreement, unless otherwise defined herein. Subject to the
terms and conditions of the Lease Agreement, which are incorporated herein by reference, Lessor and Lessee agree as
follows:
1. Leased Vehicles. The Leased Vehicles, described in the Vehicle Description section below have been delivered
to and accepted by Lessee in good condition with mileage shown below in the Vehicle Description section. The terms and
conditions of this Supplement shall apply solely to the Lease Vehicles described herein. Lessee hereby certifies, under
penalty of perjury, that (a) Lessee intends that more than fifty percent (501/6) of the use of each Leased Vehicle is to be
used in a trade or business of Lessee, and (b)Lessee has been advised that it will not be treated as the owner of the
Leased Vehicles for Federal income tax purposes.
2. Lease Terms and Charges. Commencing on the Commencement Date indicated below, Lessee will pay Lessor
the Lease Charge on the Payment Due Date of each applicable period of the Term specified below. Interim Lease
Charges will be assessed for the period between the Delivery Date and the Commencement Date and will be shown on
the billing statement.
3. Reaffirmation of Lessee's Warranties. Lessee reaffirms that its representations and warranties set forth in the
Lease Agreement are true and correct on the date hereof.
4. Assignment. Lessor notifies Lessee that it intends to assign to 01 Exchange, LLC Lessor's rights (but not its
obligations) with respect to the purchase of the Leased Vehicles and the sale of the Leased Vehicles upon termination.
Lease Terns and Charges
Contract
Lease Program Type: NET
Lease Term:--- 36 Months
First Payment Due Day:
Day of the month:
Periodic Payment Method:
Payment Timing: ARREARSAdvance
Commencement Date: � / a6)0,;7,
Security Deposit: $
Periodic Lease Charges
Lease Charges:
3366 @ $ 450.00
Excludes all taxes and other Charges
Name: City of Vernon
Address: 4305 S Santa Fe Ave
City: Los Angel
State: CA Zip:90058
IMayApr"001 (no previous version)-09/1112002 2001 4:07 PMA!5Q1nRzH 14
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Vehicle Description
Vehicle/Unit Information Tax Information
Unit No (Asset No):250108
Garaging Location:
Lessee Unit Reference No:
City: Los Angeles Tax Rate:0.00
%
Description (Year, Make and Model):
County: Los Angeles Tax Rate:
2.25%
1999 USED FORD EV RANGER
Combined
Tax Rate: 8.25%
VlNlFTZR0818XTA74060
State: CA
Tax Rate: 6.00%
Cap Cost:_$ 15.188.33-
California Tire Fee (due at Supplement signing):$5.00
Mileage at Deli ;X
Delivery Date / !
Property Tax Location
Security Deposit$
Address: 4305 S SANTA FE AVE
City: LOS ANGELES
State: CA— Zip:90058
Lessor and Lessee have executed this Supplement as A
FORD MOTOR CREDIT COMPANY, Leseer r1Tv OF VERNON Lessee Name
4w:
Bruce V. Malkenhorst
Title:
}e, �� City Administrator/City Clerk
Date: Vex'*
APPROVED AS TO FORM:
B
Eduar o 0 ivo, City ttorney
"Apr#-2001 (no previous version)-09/11/2002 4:07 PM4 58 RAA �B 24
AM4:32E 148-PEA
.. COMMERCIAL
LENDING SERVICES easesm
SUPPLEMENT TO
GREENLEASE MASTER LEASE AGREEMENT
(NET LEASE)
THIS IS A SUPPLEMENT to the GREENLEASE MASTER LEASE AGREEMENT (NET LEASE) DATED
I X (the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and
City Of Vernon ("Lessee"). The capitalized terms used in this
Supplement shall have the same meaning as in the Lease Agreement, unless otherwise defined herein. Subject to the
terms and conditions of the Lease Agreement, which are incorporated herein by reference, Lessor and Lessee agree as
follows:
1. Leased Vehicles. The Leased Vehicles described in the Vehicle Description section below have been delivered
to and accepted by Lessee in good condition with mileage shown below in the Vehicle Description section. The terms and
conditions of this Supplement shall apply solely to the Lease Vehicles described herein. Lessee hereby certifies, under
penalty of perjury, that (a) Lessee intends that more than fifty percent (50%) of the use of each Leased Vehicle is to be
used in a trade or business of Lessee, and (b) Lessee has been advised that it will not be treated as the owner of the
Leased Vehicles for Federal income tax purposes.
2. Lease Terms and Charges. Commencing on the Commencement Date indicated below, Lessee will pay Lessor
the Lease Charge on the Payment Due Date of each applicable period of the Term specified Below. Interim Lease
Charges will be assessed for the period between the Delivery Date and the Commencement Date and will be shown on
the billing statement.
3. Reaffirmation of Lessee's Warranties. Lessee reaffirms that its representations and warranties set forth in the
Lease Agreement are true and correct on the date hereof.
4. Assignment. Lessor notifies Lessee that it intends to assign to Q1 Exchange, LLC Lessor's rights (but not its
obligations) with respect to the purchase of the Leased Vehicles and the sale of the Leased Vehicles upon termination.
Lease Terms and Charges
Contract
Lease Program Type: NET
Lease Term: 36 Months
First Payment Due Day:
Day of the month:
Periodic Payment Method:
Payment Timing: ARREARSAdvance
Commencement Date: _ / lo?UDa
Security Deposit: $
Periodic Lease Charges
Lease Charges:
36 @ $ 450.00
Excludes all taxes and other Charges
Name: City of Vernon
Address: 4305 S Santa Fe Ave
City: Los Angeles
State: CA Zip:90058
IMa�tApril-2-001 (no previous version)-09/11/2002 ��05/29/ 001 4:08 PM4 60 PM7.:58 14
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a �e�se
Vehicle Description
Vehicle/Unit Information
Tax Information
Unit No (Asset No):250110 -
Garaging Location:
Lessee Unit Reference No:
City: Los An eles Tax Rate: 0.00
Description (Year, Make and Model):
County: Los Angeles Tax Rate:
2.25%
1999 USED FORD'EV RANGER
Combined
Tax Rate: 8.25%
V1N1 FTZR0811 XTA74062
-State: CA
Tax Rate: %o
Cap Cost:_$ 15.188.33
California Tire Fee (due at Supplement signing).$5.00
Mileage at Deliv
Delivery Date: " t /
Property Tax Location
Security Deposit: $
Address: 4305 S SANTA FE AVE
City: LOS ANGELES
State: CA— Zip:90058
Lessor and Lessee have executed this Supplement as off
awt 9
FORD MOTOR CREDIT COMPANY, Lesser CITY. -OF VERNON Lessee Name
By:
ruceV. Malkenhorst
Title: _' City Administrator/City Clerk
Date:
WWWLIX
APPROVED AS TO FORM:
By:
Eduardo Olivo, City rney
COMERCIAL
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C _1 SERVICES
a ease-J�A
SUPPLEMENT TO
GREENLEASE MASTER LEASE AGREEMENT
(NET LEASE)
THIS IS A SUPPLEMENT to the GREENLEASE MASTER LEASE AGREEMENT (NET LEASE) DATED
X (the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and
City Of Vernon ("Lessee"). The capitalized terms used in this
Supplement shall have the same meaning as in the Lease Agreement, unless otherwise defined herein. Subject to the
terms and conditions of the Lease Agreement, which are incorporated herein by reference, Lessor and Lessee agree as
follows:
1. Leased Vehicles. The Leased Vehicles described in the Vehicle Description section below have been delivered
to and accepted by Lessee in good condition with mileage shown below in the Vehicle Description section. The terms and
conditions of this Supplement shall apply solely to the Lease Vehicles described herein. Lessee hereby certifies, under
penalty of perjury, that (a) Lessee intends that more than fifty percent (50%) of the use of each Leased Vehicle is to be
used in a trade or business of Lessee, and (b) Lessee has been advised that it will not be treated as the owner of the
Leased Vehicles for Federal income tax purposes.
2. Lease Terms and Charges. Commencing on the Commencement Date indicated below, Lessee will pay Lessor
the Lease Charge on the Payment Due Date of each applicable period of the Term specified below. Interim Lease
Charges will be assessed for the period between the Delivery Date and the Commencement Date and will be shown on
the billing statement.
3. Reaffirmation of Lessee's Warranties. Lessee reaffirms that its representations and warranties set forth in the
Lease Agreement are true and correct on the date hereof.
4. Assignment. Lessor notifies Lessee that it intends to assign to Q1 Exchange, LLC Lessor's rights (but not its
obligations) with respect to the purchase of the Leased Vehicles and the sale of the Leased Vehicles upon termination.
Contract
Lease Terms and Charges
Periodic Lease Charges
Lease Program Type: NET Lease Charges:
Lease Term: 36 Months 33@ $ 450.00
First Payment Due Day: Excludes all taxes and other Charges
Day of the month:
Periodic Payment Method: Name: City of Vernon
Payment Timing: ARREARSAdvance Address: 4305 S Santa Fe Ave
Commencement Date: X l Z 1114D0City: Los Angele
Security Deposit: $ State: CA Zip: 90058
MayAprA-2001 (no previous version)-09/11/2002 5129/2901- 4:08 PM 6Q-P "�� 14
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SERVICES
.ease
Vehicle Description
VehlcWUnit Information Tax Information
Unit No (Asset No):250111
Garaging Location:
Lessee Unit Reference No:
City: Los Angeles
Tax Rate:0.00
Description (Year, Make and Model):
County: Los Angeles
Tax Rate:
2.25
1999 USED FORD EV RANGER
Combined
Tax Rate: 8.25%
�-
VlN1 FTZR081 XXTA14832
State:
CA
Tax Rate: 6.00%
Cap Cost: $ 15.188.33 -
California Tire Fee (due at Supplement signing):$5.00
Mileage at Delive
Delivery Date.C-ter / l
Property Tax Location
Security Deposit: $
Address: 4305 S SANTA FE AVE
City: LOS ANGELES
State: CA— Zip:90058
Lessor and Lessee have executed this Supplement asILIONOW
FORD MOTOR CREDIT COMPANY, Lessor CITY OF VERBS 1 ssee Name
Bruce V. Malkenhorst
Title: e, City Administrator/City Glerk
Date:e�X
APPROVED AS TO
By:
EDUARDO OLIVO, ity Attorney
yApril-2001 (no previous 4,.24
.A PAA
FORD MOTOR CREDIT COMPANY
COMMERCIALEASE
SUPPLEMENT TO MASTER LEASE AGREEMENT (NET)
THIS IS A SUPPLEMENT (this "Supplement") to the MASTER LEASE AGREEMENT (NET) DATED _/ /
(the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and CITY OF VERNON ("Lessee").
The capitalized terms used in this Supplement shall have the same meaning as in the Lease Agreement, unless otherwise defined
herein. Subject to the terms and conditions of the Lease Agreement, which are incorporated herein by reference, Lessor and Lessee
agree as follows:
1. Leased Vehicles. The Leased Vehicles described in
the Vehicle Description Section below have been delivered to
and accepted by Lessee in good condition with mileage shown
below in the Vehicle Description section. The terms and
conditions of this Supplement shall apply solely to the Lease
Vehicles described herein. Lessee hereby certifies, under
penalty of perjury, that Lessee intends that more than fifty
percent (50%) of the use of each Leased Vehicle is to be used in
a trade or business of Lessee. Lessee is hereby advised that
Lessee will not be treated as the owner of the Leased Vehicles
for Federal income tax purposes.
2. Lease Terms and Chargeso Commencing on the
Commencement Date indicated below, Lessee will pay Lessor
the Monthly Lease Charge on the Payment Due Date of each
month of the Term specified below. Interim Monthly Lease
Charges will be assessed for the period between the Delivery
Date and the Commencement Date and will be shown on the
billing statement.
CONTRACT
Lease Program Type: NET
Lease Term: 36 Months
Commencement Date: i t f / 61tU 2-
Payment Due Day: 1st day of the month
Periodic Payment Method: MONTHLY
Payment Timing: Advance
3. Federal Highway Use Tax (FHUT) on Heavy
Vehicles. FHUT applies to vehicles with a taxable gross weight
(TGW) of 55,000 pounds and higher. TGW is generally defined
as the unloaded weight of the truck and trailer, plus the load
customarily carried by the truck or trailer. The TGW of all
heavy vehicles must be listed on the Federal Highway Use Tax
Declaration form. Lessor as owner of the Leased Vehicle must
file a heavy vehicle use tax return and pay related tax in a single
payment. Lessee agrees to promptly reimburse Lessor for such
tax when billed.
4. Assignment. Lessor notifies Lessee that it intends to
assign to QI Exchange, LLC Lessor's rights (but not its
obligations) with respect to the purchase of the Leased Vehicles
and the sale of the Leased Vehicles upon termination.
5. Reaffirmation of Lessee's Warranties. Lessee
reaffirms that its representations and warranties set forth in the
Lease Agreement are true and correct on the date hereof.
LEASE TERM AND CHARGES
PERIODIC LEASE CHARGES
36 Lease Charges @ $1.3 00.00
Excludes all taxes and other Charges.
FC17090 March 2001 (previous editions may not be used) - 09/11/02 2:57 PM- CA#57418 Pagel Of 3
s
FORD MOTOR CREDIT COMPANY
COMMERCIALEASE
SUPPLEMENT TO MASTER LEASE AGREEMENT (NET)
THIS IS A SUPPLEMENT (this "Supplement") to the MASTER LEASE AGREEMENT (NET) DATED
(the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and CITY OF VERNON ("Lessee"L
Vehicle/Unit Information
Unit No.: 250108
Lessee Unit Reference:
Description: 1999 Used FORD RANGER EV
Vim 1FTZR0818XTA74060
Capitalized Cost: $15,188.33
Lease Charge: $450.00 /
,Mileage at Delivery:/x
Delivery Date. k
Vehicle/Unit Information
Unit No.: 250110
Lessee Unit Reference:
Description: 1999 Used FORD RANGER EV
Vin: l FTZR0811 XTA74062
Capitalized Cost: $15,188.33
Lease Charge: $450.00
Mileage at Delivery
Delivery Date: Y/
Vehicle/Unit Information
Unit No.: 250111
Lessee Unit Reference:
Description: 1999 Used FORD RANGER EV
Vin: 1 FTZR081 XXTA 14832
Capitalized Cost: $15,188.33
Lease Charge: $450.00
Mileage at Deliver'yy
Delivery Date: (/_/
VEHICLE
Garaging Location:
City. LOS ANGELES
County: LOS ANGELES
State: CA
Tax Information
Tax Type, Present Rate
RENTAL TAX, 0.00%
RENTAL TAX &TRANSIT, 2.25%
RENTAL TAX, 6.00%
California Tire Fee (due at Supplement signing for all vehicles garaged in
the State of California): $ # of Tires:
Property Tax Location:
4305 S SANTA FE AVE
LOS ANGELES, LOS ANGELES, CA 90058
VEHICLE DESCRIPTION
Tax Information
Garaging Location: Tax Type, Present Rate
City: LOS ANGELES RENTAL TAX, 0.00%
County: LOS ANGELES RENTAL TAX &TRANSIT, 2.25%
State: CA RENTAL TAX, 6.00%
California Tire Fee (due at Supplement signing for all vehicles garaged in
the State of California): $ # of Tires:
Property Tax Location:
4305 S SANTA FE AVE
LOS ANGELES, LOS ANGELES, CA 90058
VEHICLE DESCRIPTION
Garaging Location:
City: LOS ANGELES
County: LOS ANGELES
State: CA
Tax Information
Tax Type, Present Rate
RENTAL TAX, 0.00%
RENTAL TAX &TRANSIT, 2.25%
RENTAL TAX, 6.00%
California Tire Fee (due at Supplement signing for all vehicles garaged in
the State of California): $ # of Tires:
Property Tax Location:
4305 S SANTA FE AVE
LOS ANGELES, LOS ANGELES, CA 90058
FC17090 March 2001 (previous editions may not be used) - 09/11/02 2:57 PM- CA#57418 Page 2 of 3
u`r FORD MOTOR CREDIT COMPANY
' COMMERCIALEASE
SUPPLEMENT TO MASTER LEASE AGREEMENT (NET)
THIS IS A SUPPLEMENT (this "Supplement") to the MASTER LEASE AGREEMENT (NET) DATED /_/
(the "Lease Agreement") BETWEEN FORD MOTOR CREDIT COMPANY ("Lessor") and CITY OF VERNON ("Lessee").
Lessor and Lessee have executed this Supplem
Lessor Lessee
FORD MOTOR CREDIT COMPANY CITY OF VERNO
By
Bruce V. Malkenhorst
Title City Administrator/City Clerk
Date L
Approved As To Form
N- C
61
'LEDUk ADO OLIVO
CITY ATTORNEY
FC17090 March 2001 (previous editions may not be used) - 09/11/02 2:57 PM- CA#57418 Page 3 of 3
U,4--d Ranger EV Lease Warranty
Ranger EV Lease Limited Warranty
Page 1 of 3
The Ranger EV Lease Limited Warranty is provided by Ford Motor Company or Ford Motor Vehicle Assurance
Company (a subsidiary of Ford Motor Company, The American Road, Dearborn, MI 48121). If you require
details, call the Customer Relationship Center at 1-800-392-3673. The warranty coverage you receive will be the
same regardless of the warranty provider.
Ford will, subject to the following terms and conditions, repair or replace covered components during the Urnited
Warranty Period:
TERMS AND CONDITIONS:
Eli ibil' Original and subsequent lessees of Ranger EVs are eligible to enforce the conditions and terms of this
limited warranty.
Limited Warranty Period: This Ranger EV Lease Limited Warranty begins when the Ford New Vehicle Limited
Warranty expires by time or mileage and remains in effect throughout the term of the Ranger EV lease
agreement. The Ranger EV Lease Limited Warranty terminates upon lease termination.
Procedure for Obtaining Repairs: Electric Rangers may only be serviced at Electric Vehicle (EV) Certified Ford
dealerships. Locations for these authorized facilities can be obtained by contacting the Alternative Fuel Customer
Assistance Center at 1=877-ALT-FUEL. Certified fleet operators may service their own Electric Rangers.
Covered Components:
Ranger EV Specific Components — Battery pack1n,
traction inverter module (TIM), hi -voltage charger,
power steering unit, contactor box, motor/transaxle,
battery control module (BCM), DC to DC converter, A/C
— IMC, PTC module, A/C compressor, PTC heater
core, heater blower assembly — EV unique, charge
inlet, 10 Module, interface adapter assembly (IAA),
coolant pump, internal battery cooling, wiring harness.
• Rear -Wheel Drive — Axle shafts, front -wheel
bearings, rear -wheel bearings, axle hub, retainers,
seals and gaskets, universal and constant
velocity joints.
■ Steering — Column lock (tilt wheel), idler arm,
linkages and couplings, power steering pump, pulley
assembly for the power steering pump, seals and
gaskets, power steering gear housing including all
internal parts.
■ Front Suspension Upper and lower ball joints,
upper and lower control arms, control arm shafts and
bushings, king pins and bushings, linkage and
bushings, load leveler suspension system, spindle and
spindle supports, springs (front and rear), stabilizer
bar, MacPherson struts, be rods.
• Brakes _ Anti -lock brake module and sensor, backing
plates, power brake booster, calipers, combination
valve, lines and fittings, master cylinder, parking brake
linkage and cables, retainers and clips, self -adjusters,
brake pedal shaft, springs, wheel cylinders.
Limitations and Exclusions:
Safety —Air bag module assembly, door ajar warning
switch assembly, head rest retainers and sleeves (seat
belt), door lock cylinder, door lock lever assembly,
tailgate lock lever assembly, lock lever retainers, dips
and brackets, passive restraint module, air bag
diagnostic module assembly, seat belt buckles, seat
belt warning chime assembly, seat belt restraint
carrier, seat belt retractors, seat belt track assembly,
air bag sensors, shoulder strap track assembly, air bag
wiring assembly, seat belts/shoulder straps (guides,
bezels, brackets and supports).
• Air Conditioning and Heating — A/C accumulator,
A/C compressor, automatic temperature control,
condenser, evaporator, heater blower motor, heater
control cables, heater core assembly, instrument panel
registers and air ducts, pulley.
■ Electrical — Charge and volt gauges, electric dock,
ignition lock, ignition switch, motorized mirrors
(Electrical only — not glass damage or breakage),
radiator fan relay, manually operated electrical
switches, temperature gauge, wiper motors, wiring
harnesses
• Ford Audio — Radio antenna (base assembly),
brackets, cables, wiring, factory -installed radio (AM,
AM/FM), speakers, cassette player.
• High Tech — Dash pad, power door locks and retainer
dips (excluding door handles), power window
motors/regulators.
The following is not covered under this Ranger EV Lease Limited Warranty:
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Used Ranger EV Lease Warranty
1. Excluded Components:
Page 2 of 3
• Mechanical - Service adjustments and cleaning, battery and cables, hoses, brakes (front hub, disc rotors, pads),
coolant, filters, fluids, lubricants, lights (bulbs, sealed beam, lenses), shock absorbers, squeaks and rattles, tires, wheel
balancing, wheel alignment, wiper blades, wheel studs.
• Exterior - Service adjustments, glass and body parts, bright metal bumpers, door handles, glass moldings,
ornamentation, paint, rust, sheet metal, side -view mirrors, (glass and housing), water leaks, weather strips, and
ornaments, tonneau cover, liners, zippers, and fasteners.
• Interior - Buttons, carpets, dash pad, door and window handles, knobs, rearview mirrors (glass and housing), trim and
upholstery.
2. Damage Caused by:
• accidents, collisions or objects striking the vehicle
• theft, vandalism, or riot
• fire or explosion
• freezing
• misusing the vehicle, such as driving over curbs, overloading, racing, or using the vehicle as a stationary power source
• altering or modifying the vehicle - including the body, chassis, or components- after the vehicle leaves Ford's control
• non -Ford parts installed after the vehicle leaves Ford's control. For example, but not limited to, cellular phones, alarm
systems, and automatic starting systems
• tampering with the vehicle
• disconnecting or altering the odometer or allowing the odometer to be inoperative for an extended period of time with
the results that the actual mileage cannot be determined
• using contaminated or improper fuellfluids
• customer -applied chemicals or accidental spills
3. Damage Caused by Use and/or the Environment:
• Your Ranger EV Lease Limited Warranty does not cover surface rust and deterioration of paint, trim, upholstery, and
other appearance items that result from use and/or exposure to the elements. Examples are:
- stone chips, scratches (some examples are on - bird and bee droppings
paint and glass) - lightning, hail
- dings, dents - windstorm
cuts, burns, punctures or tears - earthquake
road salt, tree sap - water and flood
4. Damage Caused by Improper Maintenance:
• Your vehicle must be properly operated and maintained in accordance with the maintenance schedule in the service
guide of the Owner's Guide for the vehicle. Proof of maintenance may be required before the vehicle is eligible for repair
of covered components.
• Your Ranger EV Lease Limited Warranty does not cover damage caused by the failure to maintain the vehicle,
improperly maintaining the vehicle, or using the wrong part, oil, lubricant, or fluids. See the Owner Guide for correct fluid
types and levels, and ways to properly maintain your vehicle.
5. Maintenance/Wear:
• Your Ranger EV Lease limited Warranty does not cover: (1) parts and labor needed to maintain the vehicle; and (2) the
replacement of parts due to normal wear and tear. You, as the owner, are responsible for these items. Examples from
the Owners Guide are:
- oils, lubricants, other fluids
- brake linings/pads
- fire rotation
- cleaning/polishing
- wiper blades
Limitations and Exclusions LContinued):
- climate control filter
- front wheel bearing lubrication
- cooling system
- replacement of transaxle fluid
- power steering fluid
6. Your Ranger EV Lease Limited Warranty also does not cover:
• non -Ford parts of your vehicle, for example, parts (including glass) installed by body builders or manufacturers other
than Ford, or damage to Ford components caused by installation of non -Ford parts -
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Ust-d Ranger EV Lease Warranty, Page 3 of 3
,, t. r
• vehicles that have ever been labeled or branded as "dismantled", "fire", "flood', "junk', "rebuilt', "reconstructed", or
"salvaged; this will void the Ranger EV Lease Limited Warranty
• vehicles that have been determined to be a "total loss" by an insurance company; this will void the Ranger EV Lease
Limited Warranty.
Re airs: When making warranty repairs on your vehicle, the dealer will use Ford, MotorCraft, remanufactured, or
used parts that are authorized by Ford. Parts can be ordered from http://gcdealer.dealerconnection.com
Repair or Replacement of Ranger EV Specific Components: As stated in the disclosure statement that
accompanies the lease agreement, If it is determined that a component critical to the operation of this Lease
Vehicle is not available under reasonable terms and conditions, Ford Motor Company reserves the right to direct
the lessor (Ford Motor Credit Company) to terminate the lease prior to lease maturity without further liability of
lessee after the termination date (any unused portion of an advance payment will be refunded).
Battery Pack Repairs and Replacement: The lessee understands that battery packs have a limited life span and
that battery packs may not always be available in the event the battery requires replacement. Accordingly, in the
event of a battery pack failure, Ford Motor Company reserves the right to either: 1) repair the pack, or 2) direct the
lessor (Ford Motor Credit Company) to terminate the lease prior to lease maturity (any unused portion of an
advance payment will be refunded).
Transportation Reimbursement: Once it has been determined by the repairing dealer that the repair is covered
under this Ranger EV Lease Limited Warranty and so long as the vehicle is kept overnight by the repairing dealer,
transportation reimbursement will be made for rental charges up to $28 per day for up to ten days while the repair
is being completed. In order to qualify for transportation reimbursement, the rental vehicle must be rented from a
Ford or Lincoln-Mercury dealership or other commercial agency.
Towing Reimbursement: If a covered part fails and makes towing to the repairing dealership necessary, towing
costs not covered by insurance will be covered for up to $100.
THE WARRANTOR SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM THE USE OF THIS PRODUCT OR ARISING OUT OF ANY BREACH OF THIS
WARRANTY.
ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE APPLICABLE LIMITED WARRANTY
PERIOD AND TERMS SET FORTH ABOVE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS,
WHICH MAY VARY FROM STATE TO STATE.
h1 See limitations to battery coverage; pg. 3, 'Battery Pack Repairs and Replacement"
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