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HomeMy WebLinkAbout496637 EHRLICH VEHICLES INC - CONTRACT - PURCHASE ORDER - 9140726PURCHASE ORDER 914072er Page PO City Of 140726 ' of z `t Collins This number must appear on all invoices, packing Islips and labels. Date: 01 /31 /2014 Vendor: 496637 Ship To: PARKING SERVICES EHRLICH VEHICLES INC CITY OF FORT COLLINS 2625 35TH AVE 215 N MASON, 1ST FLOOR GREELEY CO 80537 FORT COLLINS CO 80524-4408 Delivery Date: 01/31/2014 Buyer: DOUG CLAPP Note: replace unit # 2277 Line Description Quantity Ordered UOM Unit Price Extended Price 1 2013 Nissan Leaf 1 LOT LS 7,980.96 Initial Payment Amount reference quote dated 1/24/14 per Phillip Cisneros Contact: Ian or Eric ph# 970-221-6613 Deliver Documents and vehicle to: Fleet Services 906 W. Vine Street Fort Collins, CO 80521 2 Balance of payment 1 LOT LS 17,452.20 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $25,433.16 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 /° ONE NISSAN MOTOR ACCEPTANCE CORPORATION Motor Vehicle Lease Agreement With Arbitration Clause - Single Payment — Colorado Lessor NAME OF LESSOR (DEALER) LESSOR TELEPHONE NUMBER LEASE DATE STREET ADDRESS CITY, STATE, ZIP CODE NMAC DEALER NUMBER Lessee & Co -Lessee NAME OF LESSEE NAME OF CO LESSEE NAME OF DRIVER (IF LESSEE IS A BUSINESS) LESSEE STREET ADDRESS ' Cr1 Y, STATE, COUNTY. ZIP CODE LESSEE MAILING ADDRESS (IF DIFFERENT FROM ABOVE) CITY, STATE, COUNTY: ZIP CODE 4 ` VEHICLE GARAGING ADDRESS (IF DIFFERENT FROM ABOVE) CrrY, STATE, COUNTY ZIP CODE "You" and "your' refer equally to the Lessee and Co -Lessee (if any) signing this Lease. "We," us" and "our" refer to the Dealer, to Nissan -Infiniti IT ("NILT") and any other assignee, if this Lease is assigned. "Vehicle" refers to the Motor Vehicle described; below, including attachments, equipment, the battery and accessories, including any charging accessories included with the vehicle. You agree to lease this Vehicle from us under the terms on the front and back of this Lease. You understand that this is a Lease. You do not own this Vehicle, unless and until you exercise your option to purchase this Vehicle. YEAR MAKE MODEL BODY STYLE VEHICLE IDENTIFICATION NUMBER (VIN) ❑ New p Commercial ❑ Charging Accessories Primary Use ❑ Used ODOMETER READING COLOR/KEY CODE# -- ❑ Personal, Family or Household AMOUNT D UE LEASE PAYMENT OTHER CHARGES* (Notpart of your lease payment) TOTAL OF ATLEASE PAYMENTS One payment of a) Disposition Fee (if you do not SIGNING P $ "'' is due on signing. purchase the Vehicle) $ (The amount you DELIVERY g g� p The total of your lease payment will have paid by (From Section 4,, b) + $ the end of the itemized below) due in advance its $'r Lease) c) + $ $ d) Total = $ $ *In addition, you may babe to pay excess wear and use and mileage, if any. AMOUNT DUE AT LEASE SIGNING OR DELIVERY $ a) Capitalized Cost Reduction including 0 + any net trade-in allowance $ 1) + $ b) 'Lease Payment + $ k) + $ c) Refundable Security Deposit + $ 1) + $ d) Title Fees + $ m) + $ e) Registration Fees + $ n) + $ f) Tax on Capitalized Cost Reduction+ $ o) Total = $ g) Sales Tax Paid in Advance +$ HOW THE AMOUNTDUEATLEASESIGNINGORDEMMYWEBEPAID h) Delivery and Handling Charge + $ I) Net Trade -In Allowance $ (if a charge is shown here, section 71) must be blank) II) Rebates and Non -Gash Credits + $ THIS CHARGE REPRESENTS COSTS AND ADDITIONAL PROFIT TO THE SELLER/DEALER FOR ITEMS SUCH AS IlYS ECTING, CLEANING AND ADJUSTING III) Amount To Be Paid in Cash + $ NEW AND USED VEHICLES AND PREPAREV DOCUMENTS RELATED TO THE SALE. FV) Total = $ a) Gross Capitalized Cost. f) Rent Charge. The amount charged The agreed upon value of the Vehicle in addition to the depreciation and ($ - ) and any items you any amortized amounts. + pay over the lease term such as taxes, fees, service contracts, insurance and g) Total Base Lease Payment. Fly any outstanding prior credit or lease The depreciation and any amortized balance.Please see Section 7 for amounts plus the rent charge, _ itemization of this amount. $ b) Capitalized Cost Reduction. The amount h) The Number of Payments in of any net trade-in allowance, rebate, Your Lease: + non -cash credit or cash you pay that reduces the urnss'rnnitali7rd rnct - ., c) ± Ae an ba d) Re Ve cal e) De Ar tht no fol Early if yot thous Lease this c Excess based Of See Se( The follc lease pal a) Agr( b) Up-] c) Title f r j) Sales, Use k) Luxury Ta 1) Total Lean cents per mile' will be no refut purchased by y Purchase Optic chase the Vehicl ar and a Purchase s Other importai le. on early termini bilities, warrant interest, if appli The estimated tot registration, title of your Lease, wl otherwise is $ higher or lower d leased property a These products a a) Mechanical (Covers parts o1 PROVIDER j) +- 1� 71 (lc; k) Total G ss Capitalized Cost = �7b)Ma PROS Then dt='Cakc\A months. 't. 'v. L1=5211 C) This Vehicle is covered by any warranty, extended warranty, service contract or maintenance contract indicated below: ❑ Standard New Vehicle Limited Warranty provided by the PRO` manufacturer or distributor of this Vehicle >r Lease Tax ❑ Mechanical Breakdown Protection (MBP), a service contract d) for the repairs of certain major mechanical breakdowns of cxARGt this Vehicle and related expenses ❑ Maintenance Contract, a'. contract for regularly scheduled care PROVIDER LESSEE ELL and maintenance of this Vehicle ❑ Used Vehicle Limited Warranty e) $ CHARGE EXCEPT AS EXPRESSLY PROVIDED UNDER THIS LEASE, WE OFFER NO PROVIDER LESSEE wr EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THIS VEHICLE. WE MAKE NO IMPLIED WARRANTY OF MERCHANTABILITY. THE LESSOR UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE Total Premiums/Charges GOODS EXCEPT AS `OTHERWISE PROVIDED IN THIS CONTRACT. LESSOR ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE LEASING --- THESE GOODS, EXCEP•TgAS ONERWISE PROVIDED IN THE CONTRACT. NILT/N 3001 1P-CO 1/13 -LESS EE ® Security Interest Unless otherwise precluded by applicable law, you give us a security interest in this Vehicle or in proceeds, cancellation refunds or other rights under any contract issued with respect to this Vehicle, this Lease or any addendum to this Lease, including, without limitation, insurance contracts, maintenance contracts, repair contracts and extended warranty or service contracts. MAssignment We may assign our interest in this Lease without prior notice and without your consent. YOU AGREE THAT YOU HAVE No RIGHT TO ASSIGN, TRANSFER OR SUBLEASE ANY OFYOUR RIGHTS UNDER THIS LEASE. IS Default and Payments You will be in default ff a) you do not make a payment when due; b) any information on your or a guarantor's credit application is false; c) you do not maintain insurance coverage required by this Lease; d) you do not timely or properly perform any promise under this Lease; e) you or a guarantor become subject to bankruptcy or insolvency proceedings; f) you commit any other act constituting default under applicable law. In the event of default, we may terminate this Lease and, after giving any legally required notice: (i) charge you for early termination liability pursuant to Section 14; (it) repossess this Vehicle as allowed by law; (iii) charge you for our costs of such repossession, storing, transporting and disposing of this Vehicle; (iv) charge you for our costs of collection, any court costs and attorneys' fees to the extent permitted by applicable law; (v) sue you for damages and to recover this Vehicle; (vi) pursue any other legally permitted remedy; and/or (vii) charge you interest at the rate of 6% per annum or such other rate as may be allowed by applicable law on any termination liability owed under Sections 13 and 14. Unless otherwise required by law, we are not required to give you prior notice of our termination of this Lease pursuant to this section and your resulting early termination liability as determined in Section 14. To the extent permitted by law, you agree that if we accept moneys in sums less than those due, doing so will not be a waiver of our right to enforce the lease terms as written as to any amounts due thereafter. We may accept payments with 'Payment in Full," similar language or other restrictive endorsements without being bound by such language or waiving any of our rights. M Damae, Loss or Potential Loss of ,This Vehicle You are responsib a for the risk of loss, damage or destruction of this Vehrcle during the lease term and until you return this Vehicle to us as required above. if this Vehicle is damaged or destroyed in an accident or other occurrence or confiscated by any governmental authority or is stolen, abandoned or subjected to potential loss, you will immediately notify us and we may terminate this Lease pursuant to the terms of this Lease. If this Vehicle is stolen (and not recovered) or destroyed, we will accept insurance loss proceeds in full satisfaction of your early termination liability if you are in compliance with the following: 1) your insurance obligations under this Lease are satisfied; 2) your policy covers the casualty and you have paid the deductible required by the policy; and 3) your Lease is not in default. Any capitalized cost reduction made by you will not be refunded in the event of a total loss. if the Vehicle is a total loss, there is no Purchase Option, and you have no right to retain the Vehicle for salvage. If you owe any amounts due under this Lease, we may use your security deposit to offset such amounts. All damages which do not result in a total loss of the Vehicle must be repaired. We may require proof of satisfactory repairs before agreeing to or endorsing the payment of insurance proceeds to you., This may include requiring an inspection of the'vehicle. Repairs which involve severing the Vehicle into two or more parts are not permitted. Only Genuine Nissan parts may be used to repair the Vehicle. Repairing the Vehicle with used parts may void the manufacturer's warranty or any additional warranties, service contracts or maintenance contracts covering the Vehicle. If used parts are installed to repair the Vehicle, the used parts must be Genuine Nissan Remanufactured parts, be of the same model year or newer than the parts being replaced and, R applicable, the mileage of the used part mustbe the same or less than the mileage of the Vehicle prior to its damage. Used parts must not have been previously damaged or defective. Used body panels cannot replace damaged body panels. who MR then sell the vetncle to me Lessee. ORryr� •rryr+ —PLEASE M ARBITRATION CLAUSE — IMP TAN REVIEW — AFFECTS YOUR LEGAL RIGHTS 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE, EXCEPT AS. STATED BELOW, BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. 2.IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. 3. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as otherwise stated below, any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this clause and the arbitrabihty of the claim or dispute), between you ficand us or our employees, agents, successors or assigns, which arises out of or relates to your credit relationship transaction or e atio shion, (including any lease or such ch on of with thirdarties who doonot sign t or this Lease ) )shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. The claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action. You may choose one of the following arbitration organizatlons, and its applicable rules, to conduct the arbitration: JAMS,1920 Main St., Ste. 30Q Irvine, CA 92614 (wwwjamsadreom), theAmerican ArbitrationAssociation,1633 Broadway, loth Floor, New York, NY 10019 (www corg), or any other organization subject to our approval. You may get a copy of the rules of an arbitration organization by contacting the organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shag apply governing substantive law and the applicable statutes of limitation. Unless applicable law provides otherwise, the arbitration hearing shall be conducted in the federal district in which you reside unless the Dealer originating this Lease is a party to the claim or dispute, in which case the hearing will be held in the federal district where this contract was executed. We will pay your filing, administration, service and case management fee, your arbitrator and hearing fee and any arbitration appeal fees you incur all up to a maximum of $5,000, unless the law requires us to pay more. The amount we pay may be reimbursed in whole or in part by decision of the arbitrator If the arbitrator finds that any of your claims are frivolous under applicable law. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. B the chosen arbitration organization's rules conflict with this clause, then the provisions of this clause shall control. The arbitrator's award shall be final and binding on all parties, except that you may appeal any arbitrator's award pursuant to the rules of the arbitration organization, and we may only appeal an award against us exceeding $100,000. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et. seq.) and not by any state law concerning arbitration. You retain the right to seek remedies in small claims court for disputes or claims within that court's jurisdiction, and we agree to reimburse your filing fees for such proceedings. You and we retain any rights to self-help remedies, such as repossession. You also retain the right to seek individualinjunctive relief in court- Neit.her you nor we waive the right to arbitrate by using self-help arsemedies or filing suit. Any court having jurisdiction may enter judgment on the arbitrator's award. This Arbitration Clause does not apply to any claim or dispute relating to excessive wear and use, including collection or payment disputes. This Arbitratlon Clause shall survive any termination, payoff or transfer of this I to If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason; the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason In a case to which class action allegations have been made, the remainder of this Arbitration Clause shall be unenforceable. Lessee Agreement to bi : B signing belo , y u agree that, pursuant to the Arbitration Clause in this lease agreement, you or we may elect to resolve disputes by neutral, binding arbitration and not by a court action. READ THE ARB N USE IN ON 29 BL;FORE SIGNI .G`HERE. Lessee signature: Co -Lessee signature: j This Lease is the entire agreement and can only be changed by written agreement between the Lessee, Co -Lessee (if applicable) and Dealer, NRt1', or any other assignee, if this Lease is assigned. There are no other written or verbal agreements. Any provision of this Lease which is invalid, illegal'or unenforceable shall be ineffective without affecting in any way the remaining provisions. All lessees and guarantors are jointly and severally liable. YOU READ BOTH SIDES OF THIS E BEFORE SIGNING. YOU ARE ENTITLED TO AND HAVE RECEIVED A COMPLETED COPY OF THIS LEASE. By si in low, u acknowI d a tha This Lease is completely filled out; • You have read this entire Lease carefully and agree to all of its terms. CA IO — IT IMPORTANT OU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. �,� tGNNE) _W E (PLEASE PRIM') LESSE CNA RE CO -LESSEE SIGNATURE Guarantor For purposes of this section, I/we/my/our/me/us refers solely to Guarantor. I/We jointly, severally and unconditionally guarantee the performance of all payment and other obligations of the Lessee, under this Lease. Upon any default by Lessee; Lessor may, at Lessor's option, proceed immediately against metus without first proceeding against Lessee, any other guarantor or taking possession of and disposing of this Vehicle. My/Our liability is primary and will be unaffected by any settlement, compromise, extension, renewal or modification of this Lease or by any release or discharge of Lessee or other guarantor: I/We waive all notices and all rights to demands and presentments. This guarantee inures to the benefit of Lessor's successors and assigns. GUARANTOR SIGNATURE GUARANTOR SIGNATURE GUARAN MRSIGNATURE PRINT NAME PRINTNAAIE PRINT NAME Lessor a) Lessor accepts the terms of this Lease; and b) Lessor assigns and transfers to Nissan -Infiniti IT ("NILT") all of Lessor's rights, title and interest in and to this Vehicle and this Lease including all amounts payable thereunder, pursuant to the terms of the applicable written Retailer Agreement between Lessor and Nissan Motor Acceptance Corporation ("NMAC"), the benefits of which have been assigned by NMAC to NILT for purposes of leases assigned to NILT. Any guaranty by Retailer is made notwithstanding the terms of the Retailer Agreement. By signing below, the Lessor accepts the terms and conditions of this Lease. EHRLICH VEHICLES INC. LESSOR (PRINT WHO LESSOR SIGNATURE TITS NILT/N 3001-1P-CO 1/13