Okaloosa County BOCC — July 1, 2014 — Enterprise Fleet Management Lease Extension — reading text

hereby acknowledged by the parties. Section 12 of the Master Walkaway Lease Agreement fs améndad fo read as follows: INDEMNITY: Subject fo the limitation of a maximum of $200,000 per person, and $300,000 per occurrence as. permitted by Florida law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and thelr respective successors and assigns from and against any and alt losses, damages, liabllitles, sults, claims, demands, casts arid expenses (including, without limitation, reasonable attomeys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of thelr respective successors or assigns may incur by reason of Lessee’s breach or violation of, or fallure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft or destruction af any Vehicle ar related to of arising out of or In conriaction with the use, Operation or conditian of any Vehicle. The provisions of this Section 12 shall survive any expiration or termination of this Agreement. Nothing herein shall be deamed to affect the tights, privileges, and Immunities of Lessee as set forth in Section 768,28 of the Florida Statutes and the foregoing Indemnity provision is not Intended to be a waiver of any soveraign immunity afforded to Lessee pursuant to Florida law. Section 19 of the Master Walkaway Lease Agreement is amended with the following additional paragraph: NON-APPROPRIATION: Lesgee’s funding of this Agreement shail be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges that Lessee is 3 municipal corporation, is prechided by the Florida State Constitution and other laws from entering into obligations that financially bind future governing bodies, and that, therefore, nothing In-this Agreement shall constitute an obligation of future legislative bodies of the State of Florida to appropriate funds for purposes of this Agreement. Accordingly, the parties agtée that the lease terms within this Agraament or any Schedules relating hereto are contingent upon appropriation of funds, The parties further agree that should the State of Florida fail to appropriate such funds, the Lessor shall be paid all rentals due‘ and owing hereunder up until the actual day of termination. In addition, Lessor reserves the tight to be paid for any reasonable damages. These reasonable damages will be limited to the losses incurred by the Lessor for having to sail the vehicles on the open usad car market prior to the end of the scheduled term (as determined In Section 3 and Section 14 of this Agreement). All references In the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment, Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations and warranties contained in the Agreament shall be and ramain jn full force and effect and the same are hereby ratifted and confirmed. iN WITNESS {ZREOF, Lessor ancl Lessee have executed this Amendment to Master Walkaway Leasa Agreement as of the day of Navembar-2oqepy : 7 Febouaey elite Enterprise BM (Legsor) By: Bhiey passing By. f et Cf Okalogsa Count y (Lessee) day of Navermber.-204« February itd SELE-INSURANCE ADDENDUM TO MASTER WALKAWAY LEASE AGREEMENT (Physical Damage Only) Fedvuary , dad- This Addendum is made to the Master Walkawny Lease Agreement dated the 4! day of Septembere2Ole, as amended (the "Agreement, by and between Enterprise FM Trust, a Delaware Statntory tcust, dolug business as “Enterprise Fleet Management" ("Lessor"), and the lessee whose name Is set forth on the signoture Hine below ("Lessee"), This Addeidum is attached to and made a part of the Agréement (including each Schedule to the Agrecment). All capltalized terms used and not otherwise defined herein shall have the respective meanings ascribed to them in the Agreement. Notwithstanding the provisions of Section 11 of the Agreement, Lesses shall be petmitted to assume and self-ingure the physical damage risks (but not the lishility risks} set Forth in Section 11 of the Agreement and shall not be required to purchase or maintain any Physical Damage insurance policy of any kind with respect ia any Vehicle: provided, however, that if any Federal, state, local or other law, statute, rule, regulation or ordinance requires Lessee to maintain any amount of physical damage insurande with respect to any Vehicle, Lessee shall purchase and maintain such amount of insurance in the form, of an. insocatce policy which complies in all sespects, other than the amount of insurance required, with Section. {1 of the Agreement, Notwithstanding the foregoing, if (a) Lessor, at any time in its good faith judgment, is not satisfied with the financial condition of Lessee ox (b) any “Event of Default” (as defined thorein) oceurs under the Agreement, then Lessor may, at its option, revoke this Addendum and terminate Lessee's right to self-insure by providing Lessee with at feast thirty (30) days prior written notice thereof. Upon the termination of Lessee's right to self-insure, Lessee shail comply in all respects with Section 11 of the Agreement and Lessce shall Furnish Lessor with satisfactory proof that the required ingurance coverages are in effect, Except as amended hetuby, all the terms and provisions of the Agccenient shall remain in full force and.effect, fn the event of any conflict between this Addendum and. the Agreement or any of die Schedules, the terss-and provisions of this Addendum will govert and: control, LESSEE: OKALOOSA. COUNTY Hs, C By: D ck R. A mand “Y By: Charles E Cain Title: Raine Hy Title: Group Sales Manager Date Signed: fe wth 7 et) Ge Date Signed:_ ehofu \