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HomeMy WebLinkAboutDowntown Towing <>> () - II ()i r.... "J r), ;\: ,J ..... ,J: 61 _II . . )' () '") \.1{ ') 'II ') "u () () () () () ,.d \.} () . q \) () () () () () () () () () g $ r) ~ :') :; r) .... ~.. ... J . ~ .. , J ,.. , ~ . RFP NO.1 0-07-81 JUL 2 9 2010 CIty of Sunny ~8 Beadl OffICe 01 !he Cl Clerk Professional Towing Services For: City of Sunny Isles Beach, Florida 18070 Collins Avenue . ~irst Floor - Sunny Isles Beach Government Center Sunny Isles .Beach, FL 33160- " F (1111 i I J' 0 JV II e il & 0 p e J' it t e d S e r v ill g (III F I 0 I' i (111 Sill eel 9 7 7 " I . :-:J~.I 'ii'tb(f) ~g@ I . . .;T' -'-.. t :,..-0- . . - . . .. 't . . 't . ,. .) ~ . 't <t tt . . . . . . (t . ~l () . . . . . .. . . . . . ft ~ .. 'J ~) 'l I) Proposnl for Towinq Services 2. Business Address: Phone: (305 )576.:.-0989 1. Business Name: Downtown 'rating Company 15415 N.E. 21st Avenue City: North Miami Beach Zip: 33 1 62 Mailing Address: 7.418 N M;rim; I:IvpnlJP City: Miami Zip: 33127 State type of business enterprise (e.g. corporation, association, partnership, organization, joint venture, trust, foundation, firm, group, society, individual natural person, etc.): Corporation 3. NAME ALL OWNERS, OFFICERS, AND PERSONS HAVING AN INTEREST IN THE TOWING AGENCY: (Attach additional sheets if necessary) a. NAME Dagmar Del Rosal ADDRESS CITY b. NAME ADDRESS CITY c. NAME ADDRESS CITY d. NAME ADDRESS CITY e. NAME ADDRESS CITY 7.41R N Miami Miam; I\venllE' STATE STATE STATE SJATE STATE 4. Has the business enterprise, or any person whose name appears in this application, ever been convicted of any crime? ~ If so, list the name, the arrest and conviction record of each person: (Attach Additional sheets if necessary) N/A 5. If a corpor<ltion. supply the following: A TT ACHMENT UC" 25 . . () . () . . . o . . . . () . o - . . '. . I- I~ I. <t o . . . ct f) ') .. I. () . . 'l . 10 I~ Corporate Name: Downtown Towing Company Date Incorporated: October 1978 State of Charter: Florida 6. What is the fictitious name under which the business will be conducted (if applicable): N / A 7. Has this business ever been suspended, revoked or been the subject of suspension, revocation or violation of Local, County, or State Law? No 8. How many wreckers does the towing agency have in each class? Refer to Equipment Requirements of specifications for class description CLASS A WRECKER 6 CLASS A SLIDE BACK CARE CARRIER CLASS B WRECKER 1 CLASS B SLIDE BACK CAR CARRIER CLASS C WRECKER 1 CLASS 0 WRECKER 1 OTHER: (DESCRIPTION AND NUMBER) 2 4 2 Landolls 1 Lowboy 2 Tractors Please provide complete Information for each wrecker on the attached equipment form. 9. Do you have now or have you had any contracts with private companies? Yes If so, list two, including the name and phone number of your contact at these companies: Walmart Agustine Chinique - (305)298-0379 University of Miami - Peggy Mason - (305)284-1641 10. Has the towing agency filed for insolvency, reorganization or bankruptcy petition (voluntary or involuntary)? No 11. List five (5) references preferably public agencies with current or past contracts: AGENCY CONTACT TELEPHONE Mi~ Dade ?olice Dept. / Off. Amador / ~(786)486-6911 Florida Highway Patrol/Trooper Washington / #(305)218-4382 City of Miami Police Dept. / Off. Soloman / #(305)607-0079 City of Coral Gables Police Dept. / Maior Masington / #(305)460-5457 Miami naoe School ~ / K@,rin Mclnt~~e / #(305)995-137~ 12. How long has this towing agency been in the towing business? 30+ years 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (l - 13. How long have the owner(s), listed in item 3, been in the towing business? (List by name) Dagmar Del Rosal, since 1986 14. Are the payment office and the storage facility located at the same site? Inside - yes 15. Provide the address of the payment office: Outside - on same street 15415 N.E. 21 Avenue, North Miami Beach, FL 33162 16. Provide the address of the storage facility; indicate how many oulside storage spaces are at this facility and how many inside storage spaces: Address: 15415 NE 21 Ave. & 2050 NE 154 St. NMB, FL Outside: 100 @ 2050 NE 154 Street Inside: 6 @ 15415 NE 21 ~venue 17. Is the towing agency located entirely within the City of North Miami Beach limits? Yes 18. Enclose a copy of your Iicense(s), Certificate of Use and Occupancy, proof of ownership or first party lease of all facilities, Certificates of Insurance, and evidence of ownership or valid first party lease of the wreckers and slide back carriers that will be utilized lo perform the services. 19. Complete the attached personnel form including all the employees to be utilized in performance of the contract work. 20. Please attach a narrative statement to describe the Proposer's ability to meet or exceed all request for proposal requirements, the capacity to perform the services specified, and the Proposes ability and commitment to respond in emergency situations. 27 . . . . . . <t . . () . (J . f) . . . . . . . . <l . () . ct . . . Cl . ~ . () C) . . . . . o () BUSINESS LICENSES AND CERTIFICATES OF USE AND OCCUPANCY ..ill ,.... . - ,.." ~ ro- . , II' .... " POST THIS DOCUMENT IN A CONSPICUOUS PLACE. fir t f m NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS \U-t U ll~.&llia:mt UNLESS APPROVED BY THE FINANCE DEPARTMENT, CITY OF MIAMI 444 S.w.2 AVE 6TH FLOOR, MIAMI, FL 33130, PHONE (305)416-1918. EFFECTIVE YEAR OCT. 1,2009 THRU SEP. 30, 2010 THIS IS NOT A BILL DO NOT PAY RECEIPT FOR DOWNTOWN TOWING CO INC (} ISSUED JAN 14,2010 TOTAL FEE PAID $40.00 This Issuance of a business tax receipt does not perm" the holder to ,,;oIate any zoning laws of the City nor does It exempt the holder from any license or permits that may be required by law. This doco.ment does not constitute a certifICation that the holder is qualified to engage in the business, profession or occupation specified herein. The document Indicates payment of the business tax receipt only. - -' " .... ,.. "- ......... "p - . C ACCOUNT NUMBER RECEIPT NUMBER NAME OF BUSINESS LOCATION 391316-00123888 102585-0006 DOWNTOWN TOWING CO 2418 N MIAMI AV 2010 IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: AUTO: STORAGE GARAGE ,...., ... ........ '- .- ".. ,-. DIANA M. GOMEZ Finance Director "- .~ ^ "-' r- .... - ...... ., '") /' \.. (' - '" r ......... , ........ 1_ ,.-.. ~ - . , -.. ,. ~ - '1 () ,..,. ... , ~ , -,. ...... ~ ~ " '"' .- - .. ~ .. II' c o () ~ Q . J Q ,... '- c () a . r-- , ~ o ,..... , - .... .", ,,-' r' .- r ....... o o c J..... I ... ,- ~ - ... "" - ..... I , - ,. ~ (;} o ,....,. " , - '- -... '-" r ... , ,... ...... "'- r'- - (; POST THIS DOCUMENT IN A CONSPICUOUS PLACE. (1Tt.t~ rtf' mt" "'utt. NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS ~ ~.v ~..""" UNLESS APPROVED BY THE FINANCE DEPARTMENT, CITY OF MIAMI 444 S.W.2 AVE 6TH FLOOR, MIAMI, FL 33130, PHONE (305)416-1918. EFFECTIVE YEAR OCT. 1,2009 THRU SEP. 30, 2010 THIS IS NOT A BILL DO NOT PAY RECEIPT FOR DOWNTOWN TOWING This Issuance of a business tax receipt does not permn the holder to ,"olate any zoning laws of the City nor does It exempt the holder from any license or permits that may be required by law. This document does not constitute a certification that the holder Is qualified to engage in the business, profession or occupation specified herein. The document Indicates payment of the business tax receipt only. ISSUED JAN 14,2010 TOTAL FEE PAID $92.00 ACCOUNT NUMBER RECEIPT NUMBER NAME OF BUSINESS LOCATION 391316-00123888 102585-0003 DOWNTOWN TOWING CO 2418 N MIAMI AV 2010 IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: AUTO: STORAGE OR PARKING LOT DIANA M. GOMEZ Finance Director " - - c o () () . () o C I" "'- I" POST THIS DOCUMENT IN A CONSPICUOUS PLACE. {-iTt.t>> .of ...IltIJt. ""ntt. NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS \U- ~ c:',n <<- UNLESS APPROVED BY THE FINANCE DEPARTMENT, CITY OF MIAMI 444 S.W.2 AVE 6TH FLOOR, MIAMI, FL 33130, PHONE (305)416-1918. EFFECTIVE YEAR OCT. 1,2009 THRU SEP. 30, 2010 THIS IS NOT A BILL DO NOT PAY RECEIPT FOR DOWNTOWN TOWING CO INC ISSUED JAN 14, 2010 TOTAL FEE PAID $110.00 This issuance of a business tax receipt does not perm~ the holder to lliolate any zoning laws of the City nor does it exempt the holder from any license or permi1s that may be required by law. This document does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business tax receipt only. - ACCOUNT NUMBER RECEIPT NUMBER NAME OF BUSINESS LOCATION 391316-00123888 102585-0004 DOWNTOWN TOWING CO 2418 N MIAMI AV 2010 . G ~ o ~ IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: AUTO: TOWING FROM PRIVATE PROP. ~ '\. ,...... . I" .., C' "- . G o C' C DIANA M. GOMEZ Finance Director " ,... \... C r'\. . " r: ,..... - . , - \.. - , c o c' - , c ,- '" ,- ..... r- " \.. , ~ , . . () () . () . . . . () . . (l . . ~ . o . . . . . . . o . . () () . . o . (t . () . ~ . . () POST THIS DOCUMENT IN A CONSPICUOUS PlACE. NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS UNLESS APPROVED BY THE FINANCE DEPARTMENT. CITY OF MIAMI 444 S.W.2 AVE 6TH FLOOR. MIAMI. FL33130. PHONE (305)416-1918. EFFECTIVE YEAR OCT. 1,2009 THRU SEP. 30,2010 THIS IS NOT A BILL DO NOT PAY oritu uf '~iami RECEIPT FOR DOWNTOWN TOWING CO This issuance of a business tax receipt does not perm~ the holder to ,,;olate any zoning laws of the City nor does ~ exempt the holder from any license or permits that may be required by law. This docunent does not constitute a certificatioo that the holder is qualified to engage in the business. profeSsion or occupation specified herein. The document indicates payment of the business tax receipt only. ISSUED JAN 14, 2010 TOTAL FEE PAID $65.00 ACCOUNT NUMBER RECEIPT NUMBER NAME OF BUSINESS LOCATION 391316-00123888 102585-0001 DOWNTOWN TOWING CO 2418 N MIAMI AV 2010 15 HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: REPAIR OR MACHINE SERV POWER TOOLS DIANA M. GOMEZ Finance Director . . o (l . . ct . . . . . . () . . o . o . . . (I . . . . . . o () (t . () . . . o . . . . o POST THIS DOCUMENT IN A CONSPICUOUS PLACE. {off.t f ..IIm NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS \U-t U.o '~.nianti UNLESS APPROVED BY THE FINANCE DEPARTMENT, CITY OF MIAMI 444 S.w.2 AVE 6TH FLOOR, MIAMI, FL 33130, PHONE (305)416-1918. EFFECTIVE YEAR OCT.oi, 2009 THRU SEP. 30, 2010 THIS IS NOT A BILL DO NOT PAY RECEIPT FOR DOWNTOWN TOWING SERVICE CO. This issuance of a business tax receipt does oot penn~ the holder to lliolate any zoning laws of the City nor does it exempt the holder from any license or permits that may be required by law. This document does not constiMe a certification that the holder is qualified to engage in the business. profession or occupation specified herein. The document indicates payment of the business tax receipt only. ISSUED JAN 14,2010 TOTAL FEE PAID $110.00 ACCOUNT NUMBER RECEIPT NUMBER NAME OF BUSINESS LOCATION 391316-00123888 102585-0002 DOWNTOWN TOWING CO 2418 N MIAMI AV 2010 IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: AUTO: TOWING DIANA M. GOMEZ Finance Director () . . <l . . () . . . . () . () o (l () o o . . . . . () I. I. . . () . . . () () . . . () . () . () POST THIS DOCUMENT IN A CONSPICUOUS PLACE. f1T' t f ..I1m NOT TRANSFERRABLE OR VALID AT ANOTHER ADDRESS \,U,i U.(J '~.nittmi UNLESS APPROVED BY THE FINANCE DEPARTMENT. CITY OF MIAMI 444 S.w.2 AVE 6TH FLOOR, MIAMI, FL 33130. PHONE (305)416-1918. EFFECTIVE YEAR OCT. 1,2009 THRU SEP. 30, 2010 THIS IS NOT A BILL DO NOT PAY RECEIPT FOR DOWNTOWN TOWING ISSUED JAN 14,2010 TOTAL FEE PAID $110.00 This issuance of a business lax receipt does oot penn~ the holder to violate any zoning laws of the City nor does it exempt the holder from any license or pennils that may be required by law. This dOCOOlent does not constitute a certification that the holder is qualified to engage in the business, profession or occupation specified herein. The document indicates payment of the business lax receipt only. ACCOUNT NUMBER RECEIPT NUMBER NAME OF BUSINESS LOCATION 391316-00123888 102585-0007 DOWNTOWN TOWING CO 2418 N MIAMI AV 2010 IS HEREBY IN COMPLIANCE TO ENGAGE IN OR MANAGE THE OPERATION OF: AUTO IMMOBILIZATION DIANA M. GOMEZ Finance Director - 2009-2010 THIS BUSINESS TAX RECEIPT MUST BE DISPLAYED IN A CONSPICUOUS PLACE. A PENALTY IS IMPOSED ill FOR FAILURE TO KEEP THIS BUSINESS TAX RECEIPT EXHIBITED AT YOUR ESTABLISHMENT. .RANSFER OF LOCATION CITY OF NORTH MIAMI BEACH, FLORIDA .ROM LICENSE NO. 143247CITY BUSINESS TAX RECEIPT . ORIGINAL ~COUNTNUMBER 791940 (YSINESS NAME DOWNTOWN TOW I NG ~.O. . PRES: DAGMAR ~. OE~ROSAL , T ClJSINESSADDRESS 15415 NE 21-/AVE~UE . NORTH MIAMI BEACH, FLORIDA <1TU:ioO:A~~SI~~~~HOUSE: N'Ol"EXC. '2,00.0 SQ- 'FJ . TOW TRUCK OPERATOR WIT'fI ~HrCLES'" . DELINQUENCY FEE TRANSFER FEE ~ . ADMIN [STHATIVE PROCESSING F,EE . CZU RENEWAL FEE . . . . . 3 0 q.HE ABOVE DESCRIBED BUSINESS IS HEREBY AUTHORIZED TO ENGAGE IN OR MANAGE THE BUSINESS, QCCUPATION OR PROFESSION IN THE CITY OF NORTH MIAMI BEACH, FLORIDA FOR THE PERIOD ~EGINNING Oct. 01, 2009 AND ENDING ON Sep. 30, 2010 SUBJECT TO PROVISIONS ~F ALL LEGISLATION. THIS RECEIPT IS NON-TRANSFERABLE WITHOUT CITY APPROVAL. THIS wlECEIPT EXPIRES ON Sep. 30 OF THE RECEIPT YEAR. AUDIT NUMBER . 166885 : ,CR.MA~ . . . . . . . . . . . . . . . o NO.143915 I' MAIL TO: DOWNTOWN TOWING CO. 24~8 N. MIAMI AVENUE r/ MIAMll FL 33127 8 60 0 369 0 42 0 3 0 10 0 35 0 POLICE WRECKER PERMITS: OTL176, OTL177, OLL178, ,OTL179, OTL180, OTL181, OT-L182. ,PTL183 SUB.JECT TO APPROVAL BY M'IAf11-DADE COUNTY CONSUMER SERVICES DEPT, TOTAL AMOUNT , 8-c~ SUSAN A. OW , CMC, CITY CLERK . . . .. THIS BUSINESS TAX RECEIPT MUST BE DISPLAYED IN A CONSPICUOUS PLACE. A PENALTY IS IMPOSED . FOR FAILURE TO KEEP THIS BUSINESS TAX RECEIPT EXHIBITED AT YOUR ESTABLISHMENT. eENEWAL . . ~COUNTNUMBER 791941 crSINESS NAME DOWNTOWN TOWING CO. r . PRES: DAGMAR R. .DELROSAL OJSINESSADDRESS 2050 NE 154 "STREET . NORTH MIAMI BEACH "FLORIDA ..w,.ATURE OF BUSINESS J, ~ AUTOMOTIVE: STORAGE YARD . DELINQUENCY FEE . ADMINISTRATIVE PROCESSING FEE . . . . . . . 143 0 qHE ABOVE DESCRIBED BUSINESS IS HEREBY AUTHORIZED TO ENGAGE IN OR MANAGE THE BUSINESS, OCCUPATION OR PROFESSION IN THE CITY OF NORTH MIAMI BEACH, FLORIDA FOR THE PERIOD ~EGINNING Oct. 01, 2009 AND ENDING ON Sep. 30, 2010 SUBJECT TO PROVISIONS '":CF ALL LEGISLATION. THIS RECEIPT IS NON-TRANSFERABLE WITHOUT CITY APPROVAL. THIS ClECEIPT EXPIRES ON Sep. 30 OF THE RECEIPT YEAR. AUDIT NUMBER . 166165 : -CR'M~ . . . . . . . . . . . . . . . . I CITY OF NORTH MIAMI BEACH, FLORIDA CITY BUSINESS TAX RECEIPT NO.143197 ORIGINAL MAIL TO: DOWNTOWN TOWING CO. 2418 N. MIAMI AVENUE MIAMI,FL 33127 121 0 12 0 10 0 I TOTAL AMOUNT ~~~ SUSAN A. OW , CMC, CITY CLERK 1_ c C G G o o c~ o (' C G C C C G (. C <; c' () c c' c c c C r ..... c c - .. c c C r r '- (, c c~ c ~ - c C n THIS IS NOT A BILL QIUu nf~iami CERTIFICATE OF USE FIRE SAFETY PERMIT NOTICE: This certificate is Non- Transferable. If you relocate, sell the business, or change the type of business a new certificate must be obtained from Building and Zoning at 444 S.W. 2rd Avenue, 4th Floor, Phone: (305)416-1199. BUSINESS NAME: DOWNTOWN TOWING CO DATE ISSUED: 02/04/10 VALID FROM: 01/01/10 TO 12/31/10 ACCOUNT NUMBER: 391316-177165 SERVICE ADDRESS: 2418 N MIAMI AV APPROVED USE: CU03-RETAIL - CERTIFICATE OF USE RESTRICTIONS: i' . PLEASE DISPLAY THIS CERTIFICATE IN A CONSPICUOUS LOCATION AT OCCUPANCY ADDRESS. . FAVOR DE MOSTRAR ESTE CERnF/CADO EN UN sma VISIBLE EN LA DIRECCION DEL COMERCIO. -~'r1lf~ -I I' Please note that this Certificate of Use expires on December 31st of the effective year listed herein. Ensuring renewal by January 1st is the responsibility of the business entity. For further information you may call (305) 416-1570. Favor de tomar nota que este Certificado de Uso se vence el 31 de Diciembre de ano indicado. Asegurar la renovacion para el 1 ro de Enero es la responsabilidad del negocio. Para mas informacion puede lIamar al (305) 416-1570. Tanpri note byen setifika wap itilize-a ap ekspire jou 31 Desanm ane sa-a. Se responsabilite met biznis la pou Ii renouvele-I 1 st Janvie ane kap vini-a. Si ou bezwen plis enfomasyon, ou ka rele nou nan: (305) 416-1570. . " ~ c (' () . o () o o . . o c o c o c ~ o G C o C C . C r-- ,- ,- '- r . ".\ a";) . ~>~, ,- , ' c c c () {', C C C c. r ....... ~ ~ n P 4 RENEWAL RECEIPT NO. 235261- 5 . 16.4~6,8-,2 ~'. ~ -. ~ -',-%' BUSINESS NAME I LOCATION " '!10lrlN:rlflllN TOwI'NG eo '; 2'41.'8, ,N MIAtllI AVE'" ~ 033127 MIAMI' ~OWNER, I A., Y~~qWN!b~~ TOWING t,~~ 11SeC?i1'y~.of B.I,III'I1888 j I ~ Z'JJ3i:5I;R,VIC.E BU~J.~E~S ,"^" lr :cJi~Afi NOT A co'NTR'ACl'DRS ERMIT. THE I HOLDE, '. 10LATE ANY g.~~.~~~~~RY~~ COUNTY "ORr.cmES. NOR DOES' IT EXEMPT THE HOL:DER FROM ANY OTHER PERMIT OR, UCENSE REQUIRED BY LAW. THIS IS NOT"A CERTIFICATION OF THE;, HOLDER'S QUAUFlCA. TIO,:!S. .. PAYMENT .RECEIVED MIAMI-llADE.COUNTY TAX COLLECTOR': . 0,942,91;2009 02-2'6'00'69 003 00'0045.00 SEE OTHER SIDE " . " EM~'LOYEE/S " 5 RECnPT DO NOT FORWARD DOWNTOWN TOWING CO DAGMAR R DEL ROSAL 2418 N MIAMI AVE MIAMI FL 33127 PRES illllllli,".lIl1l.lill i.I..i.IIII'11i 1.111 i llllli.lI21&511 ... r f- J'- ". - FIRST-CLASS U.S, POSTAGE PAID NlIAMI, FL PERMIT NO. 231 ~' . g o (t o . o o o . . . G o " () (1 . . . . () C' c; C ~ G C r FIRST-CLASS U.S. POSTAGE PAID MIAMI, FL PERMIT NO. 231 ,. 500!3~.9,;;:6 ' TH,'? I,S t'JOT A BIL~ - OG NQT PAY RENEWAL BUi(fJEr~'N~ME1LOCAilbN . ~ R~OEI.rrNO. . 5224'57-1 t ~D~I! :~O~fl~~g:~ir~1tE~"'''t~c '~~,!~8 6 ,,: , .. 'y' ", , 1>WN~~J.. ~ , " ~T:I~~!~;~, ~EL,RO$,~~. :1;. Sec,;!;Y:l!l.'ofiBullnell ;k,.. . '<, ' '~I~:~~~~fRCl/r~~~~T~QFK~CE,~~~~~~ B '1'~, RECElfT. IT ' ' < ,'f DOES,"NOT i,p,ERMIT' THE HOLDER'~TO: VIOliATE ,ANV ~~~~~i\!:~~~b~R\~: CO.\JNTY'OR1CmES. NOR DOI!S"',IT.,\EXEMeT THE I HO~DER'FROM"ANY OTHER I PERMIT OR UCENSE REa, UIRED BY LAW. ,THIS IS NQ.T, A CERTlFlCAnON OF THI! HOLDER'S' aUAUFlCA. nONS.' . u~ ., PAYMENT RECEIVED MIAM~DADE'COUNTY ,TAX CgCLECTOR:' . w, "~'J09/'2.9./2009 ~ ".,~"f.~(i:i2:61l0"6 9 0 0 1 . 0'(f0~Q75. 00 !:~.Q FT ;~.5~ DO NOT FORWARD DEL ROSAL TIMOTHY 2418 N MIAMI AVE MIAMI FL 33127 III Ii. 1111"..11'11.11. III. illl.l"i. ./1111,,1. 1111i.li2kio.' SEE OTHER SIDE " - ~ . G C G o "'"' '-' - " , C - G W ~ C ,..... I. I<J let . . . () . <l (t . . . . . o o . . . . () . . (t () () () <l e (J () <l . . ~ () . o . . . ~ BUSINESS LEASES I ,: '. . . () o . . . . . . . . o () <t () . . . . . . () () . {t o () . () . . . (t . . . . . () . ' BUSINESS LEASE AGREEMENT THIS AGREEMENT entered into this 29th day of December, 2009 by and between RAILWAY 21 WAREHOUSE GROUP; L.L.C., (hereinafter "Landlord" or "Lessor") whose address is 15499 West Dixie Highway, North Miami Beach, Florida 33162 and DOWNTOWN TOWING COMPANY INC. whose address is 15415 NE 21 Avenue, North Miami Beach, Florida 33162 (hereinafter 'Tenant" or "Lessee"); WITNESSETH: 1. AGREEMENT TO LEASE I DESCRIPTION OF PROPERTY: The Landlord leases to the Tenant, and the Tenant rents from the Landlord, the following described commercial space: 15415 NE 21 Avenue North Miami Beach, Florida 33162 COUNTY OF MIAMI-DADE 2. USE OF PREMISES: It is agreed and understood that the premises rented above is rented for the exclusive use for the following purpose and for no other purpose other than: OFFICE, AUTOMOBILE STORAGE FOR TOWING COMPANY Use of the premises by the tenant for any pUrpose other than the purpose set forth above is a material breach of this lease agreement, and will, at the option of the landlord, be cause to terminate this agreement, and Tenant shall be fully responsible for the rental amount due under this lease until termination date of this lease. 3. TERM OF RENTAL: This lease shall commence on JANUARY 1, 2010 and shall continue for a period of THIRTEEN (13) MONTHS, expiring at 12:00 Midnight on JANUARY 30, 2011. . 4. RENTAL AMOUNT: The tenant agrees to pay to landlord the sum of $1,350.00 per month commencing JANUARY 1, 2010 and thereafter continuing for 12 consecutive months as base rent. Additionally, Florida Sales tax currently is due in the amount of 7% of the monthly rental will be paid by the tenant as additional rent. Any expenses incurred or any payments due for any reason whatsoever pursuant to this agreement or as an incident of this LandlordfTenant relationship, shall be deemed additional rent for all purposes herein and shall be due and payable with the next due rental or such other time as may be specifically designated in this agreement or in writing by landlord. If Tenant fails to make payment of any of these additional rent payments when due, this shall constitute a failure to pay rent and Landlord shall have all remedies provided in this agreement and by law. 5. Increase in Rental over Terml Cost of Living Adjustment: N/A 6. DUE DATE: All payments due hereunder are due to the Landlord on the first day of each month in advance and without demand at the office of RAILWAY 21 WAREHOUSE GROUP, L.L.C., located at 15499 West Dixie Highway, North Miami Beach, Florida 33162 or at such other place as the landlord may designate in writing. 7. SUB-LEASING I IMPROVEMENTS: The Tenant shall not assign this lease, nor sub-let the whole or any part of the premises without the expressed written consent of the landlord. Furthermore, the tenant shall not make or cause to be made any alterations, changes, improvements, demolition's, or the like without the prior written consent of the landlord, which shall not be unreasonably withheld. All additions, fixtures, and improvements made to the premises by the tenant, excepting movable furniture, shall become the property of the Landlord at the termination of this lease. These Landlord: RAILWAY 21 WHSE. GROUP, L.L.C. Tenant: DOWNTOWN TOWING COMPANY Prope~:,541f1 NE 21 Avenue ~ Date: '- ~ IT Tenant Initials: ' Page 1 . . . . . . . . . . . . . . . . . 'l (l Cl . o . . . . . . . . . . . . . . . . . . . . A improvements include, but are not limited to, wall-mount and central Ale systems, build- outs, flooring, lighting fixtures and similar items that are permanently attached to the property. 8. RISK OF LOSS / WATER DAMAGE / DESTRUCTION BY FIRE: All personal property of the tenant placed or moved onto the leased premises shall be at the risk of the tenant. The landlord shall not be liable for any reason or in any manner for damage or loss of the property of the tenant. IT IS EXPRESSLY AGREED AND UNDERSTOOD BY THE TENANT THAT THE LANDLORD IS NOT RESPONSIBLE FOR DAMAGE OR INJURY CAUSED BY THE RISING OR LEAKAGE OF WATER IN OR ABOUT THE PREMISES. In the event that the premises shall be damaged or destroyed by fire or other casualty during the term of this agreement, whereby the leased premises are rendered "untenantable" pursuant to applicable law, then the Landlord shall have the right to make such repairs as required to render the premises tenantable within ninety days. Rent shall be abated during the period of untenantability. Should the premises remain untenantable following the expiration of the ninety-day period, either party may terminate this agreement by written notice' delivered to the other. In the event of cancellation, rent shall be paid through the date of the casualty at issue. 9. NOT A "SECURE PROPERTY" & WAIVER OF LIABILITY: The Landlord only rents space to the tenant and makes no representation or warranties concerning the security or safety of the leased premises. The space being rented is not considered a "secure property" and the tenant is hereby advised that no security system is proof against loss of property or injury to persons and that the tenant is solely responsible for the security of same. WAIVER OF LIABILITY ALL RISK OF LOSS, INCLUDING BUSINESS LOSSES, PROPERTY DAMAGE, OR INJURY TO PERSONNEL OR PROPERTY OF THE TENANT, TENANT'S INVITEE, AND GUESTS IS SOLELY AND ENTIRELY THE RISK OF THE TENANT. The Landlord is not responsible for theft, fire, flood, and/or any other similar casualty, any acts of nature or G-d, or the intentional negligent acts of third parties. The Landlord is not a bailee, warehousemen or insurer of the Tenant, his guests, and/or their property. The Tenant expressly releases the Landlord from any liability for loss, damage, loss of business or profits, or injury to property or person caused by the negligence of third parties not under the supervision and control of the Landlord. This provision has been called to the Tenant's attention and the Tenant acknowledges that he/she read and understands this provision by initialing below. ~Tenant initials 10. INSURANCE COVERAGES REQUIRED: The Landlord does not maintain any insurance to cover loss to the property of tenants brought upon the premises. Accordingly, the Tenant shall maintain at all times during the lease term, at tenant's cost, a comprehensive public liability insurance policy protecting Landlord against all claims or demands that may arise or be claimed on account of tenant's use of the premises. The policy must be in an amount of at least $1,000,000.00 for injuries to persons in one accident, $1,000,000.00 for injuries to anyone person, and $50,000.00 for damages to property. In addition, the lessee shall carry plate-glass insurance. The Landlord shall be named as an additional insured under the terms of both policies. The insurance shall be written by a company or companies acceptable to Landlord, Landlord: RAILWAY 21 WHSE. GROUP, L.L.C. Tenant: DOWNTOWN TOWING COMPANY Property: 1M15 NE 21 Avenue fit( Oate:J- ~-'ID Tenant Initials: I Page 2 . .. . . . <t (l '. I() . . () . . () () . () . . . . . () (t () . () <t () . () . (t (l . . . . . . . () violation of this lease and subjects the tenant to termination of this lease subject to the terms and conditions provided herein. 16. INCREASE IN FEES/CHARGES CAUSED BY TENANT: In the event that any fees, charges, taxes, or costs charged by any governing body, taxing authority, or utility company, including, but not limited to electrical service, water usage or impact fees, gas charges, water and sewer fees, are imposed as a result of the use and occupancy by the tenant of the leased premises, such charges will be the sole responsibility of the tenant and shall be paid to such authority or utility as required. 17. LANDLORD'S LIEN: The tenant hereby pledges and assigns to the Landlord all the furniture, fixtures, goods, and chattels of the tenant brought onto or placed on the leased property at issue for the faithful performance of the obligations of this agreement. In the event of any default, the Landlord may seek to enforce its lien on the property of tenant by way of Distress for Rent, Lien foreclosure, or otherwise at the option of the landlord. 18. LANDLORD'S RIGHT TO ENTER UPON PREMISES: The landlord and his agents shall have the right to enter the leased premises during reasonable hours for inspections, repairs and other rightful purposes. The landlord shall have the right to maintain a "FOR RENT" sign, on, or about the leased premises from 30 days prior to the expiration of the lease term. The Landlord reserves the right to enter the premises at any time during an emergency or at any hour where such entry is necessary for the preservation of the property or the protection and safety of life and limb. 19. ACCEPTANCE OF THE PROPERTY "AS-IS": The leased premises are rented unfurnished. The Tenant accepts the property in the condition it is in at the beginning of this lease and agrees to maintain the premises in,the same condition, order, and repair as it was at the commencement of this lease, reasonable wear and tear excepted. The tenant shall be liable and shall pay upon demand for any damages done to the leased property, its fixtures, appliances or appurtenances, done by the tenant, its agents, employees or invitees. Should there be any damage to the leased premises at the time the tenant takes occupancy, the tenant must advise the landlord of the damage in writing, delivered to the landlord and signed for within 24 hours of occupancy, otherwise the tenant may be held responsible for the damage at the end of this lease. 20. REPRESENTATIVES BOUND HEREBY: The terms of this lease will be binding on the respective successors, representatives, and assigns of the parties. 21. NOTICES: All written notices by Landlord to Tenant shall be delivered personally, mailed by registered or certified mail, or attached to a door to the premises. All notices from Tenant to landlord shall be in writing and delivered personally and signed for, or mailed by registered or certified mail, return receipt to landlord's address herein. 22. SIGNAGE: All signage, awnings and the like to be attached to or displayed upon the leased premises must be approved in writing by the landlord before installation and must conform to city/county requirements as well as landlord building standardization. Any sign or awning installed that does not meet these requirements or that receives a violation from the city/county may be removed by the landlord with or without notice and the tenant will be responsible for any related expense. 23. NO OUTSIDE STORAGE: The personal property and goods of the tenant are to remain inside the leased premises at all times. At no time shall the tenant be allowed to store or leave property outside the leased premises. Doors to the premises are to remain closed with the exception of ingress and egress from the premises. Landlord: RAILWAY 21 WHSE. GROUP, L.L.C. Tenant: DOWNTOWN TOWING COMPANY Property: 15415 rE 21 Avenue ~ Date: /" f., - D Tenant Initials: Page 4 - ,. . . . <l o <l I. I. . I() . . <t <l . () <l () . <t () () () () () <t . () () () <t . () () () . . Ct . . . 24. TRASH REMOVAL: All charges for trash removal and pick-up shall be paid by the tenant and shall be paid in addition to the base rent listed herein. The cost of trash removal shall be $25.00 per month, which is considered to be additional rent. The total trash removal charge has been divided between the tenants by the Landlord, in order to provide service at a reduced rate for each tenant. In the event there is a raise in Landlords monthly charge for trash removal or if the individual Tenant's trash causes additional increase in trash due to his type of business generating more trash than average, that in that event, Landlord has the right to raise tenants monthly trash removal cost or in the alternative, Landlord may request that Tenant provide his own dumpster at Tenant's own cost and expense. 25. OCCUPATIONAL LICENSING: This lease is a valid and enforceable contract that is in no way contingent upon the ability of the tenant to acquire a valid occupational license for the operations of the tenant. It is the sole responsibility of the Tenant to acquire an occupational license for his or her business. The inability of Tenant to acquire an Occupational license for its operations is not grounds for violation, breach, or termination of this lease agreement. 26. REAL ESTATE TAX AND INSURANCE ESCALATION: The base rental amount of this lease was determined based upon the real estate taxes and insurance premium for the year 2009. In the event that real estate taxes or the insurance premium for the property is increased in following years, these increases will be passed on to the tenant in Proportion to his share of the building premises, thus increasing the annual base, rental amount. This increase is in addition to, and does not include, any other base rental escalation or insurance premium provision contained herein. 27. RESTRICTION AGAINST PETS: The Tenant agrees that there are to be no pets or other animals allowed on the property at any time. 28. REPAIRS & MAINTENANCE: The tenant is solely responsible for all repairs and maintenance of the leased premises. These repairs and maintenance shall include, but not be limited to, garage door repair, central and wall unit air conditioning repair and service, bathroom plumbing repair, exhaust fan repair and service, light bulbs, fire extinguisher servicing, emergency exit fixture repair and all other repairs and general maintenance. 29. SECURITY DEPOSIT: A security deposit in the amount of One Thousand Four Hundred Eighty-One and 95/100 dollars ($1,481.95), which is equal to one months total rent, will be required upon execution of this lease agreement. Upon any increase of the monthly rental amount, the Security Deposit must also be increased to maintain an amount equal to one full months rent at all times. The Security Deposit shall not draw interest nor be maintained in a separate or segregated account except as required by law. This Security Deposit represents security to the Landlord for the faithful performance by the Tenant of the terms, conditions and obligations of this lease agreement. If the Tenant is not in default of the terms contained herein, if the full term of this lease has expired, and if the leased premises are surrendered in the same order and condition as when received, excepting only normal wear and tear, then the Landlord shall return to the Tenant the full amount of the security deposit. If for any reason the Tenant terminates or abandons this lease prior to the termination date listed herein, the entire amount of the security deposit shall be forfeited in full to the benefit of the landlord. Any damages and or repairs made necessary by the Occupancy of the tenant shall be paid, in addition to the forfeited security deposit, on demand and prior to termination of this lease. In addition to the forfeiture of the security deposit, the Landlord reserves all remedies available at law for non-payment of rent and any other damages incurred against the Tenant. Landlord: RAILWAY 21 WHSE. GROUP, L.L.C. Te.". DOWNTOWN TOWING C(j;7\Y Proper 1(:1t NE 21 Avenu~ .-I- Date: l> Tenant I~ij Page 5 .. . '() <l 'l. .e .. ,() :. '. . . . '. . . . t) . . . <t . . () . () . . (t . . . . . . . . . . . (J . 30. OPTION PERIOD & RENTAL AMOUNT FOR SAME: N/A 31. INDEMNIFICATION & HOLD HARMLESS: Tenant shall indemnify, defend, and hold harmless the Landlord from and against any and all claims, actions, damages, and injuries to person or property arising from use of the premises or any part thereof, or by negligence or willful misconduct by the tenant, tenant's agents, contractors, or invitee. In the event that the Landlord is made a party to any action or litigation commenced by or against the Tenant, the tenant shall protect and hold harmless the Landlord and pay all reasonable attorney's fees and costs incurred by the landlord in connection with the litigation. 32. ALL CHARGES AS ADDITIONAL RENT: It is understood and' agreed by the parties that any charges assessed against the tenant hereunder shall be considered as additional rent. 33. SUBORDINATION: This lease and all of the rights herein are hereby subordinated and made subject and inferior to the Mortgage(s) if any on the property, . and the Mortgages(s), if any are superior to the lease without exception. This agreement shall remain in effect without the necessity of the execution of any further documentation as to the mortgage(s) and any and all amendments, modifications, renewals, extensions, or consolidations thereof. The tenant agrees to execute any and all documents required by the Mortgagee to implement the provisions of this lease. 34. CONTRACTORS I WORKMAN LIENS: The Tenant shall pay all debts incurred to mechanics, laborers, materialmen, contractors, and sub-contractors who perform labor, services, or provide material to the leased premises so as to avoid any liens against the property. The tenant shall indemnify and bold harmless the landlord from any claim of lien filed against the leased premises as a result of tenant's non-payment. Should the Landlord be brought into suit as a result a lien caused by the tenant, the tenant shall pay all Landlords' reasonable attorney's fees and court costs as additional rent. 35. TOXIC WASTE OR OTHER HAZARDS: Tenant shall not introduce to the leased premises any toxic or hazardous materials without first (a) obtaining the Landlord's express written consent and (b) complying with all applicable federal, state, and local laws and regulations for the possession, control, transportation, use, and disposal of said toxic or hazardous materials. If any permit is required to possess, transport, use, or dispose of any material, a permit must be submitted to the Landlord prior to consent being granted. 36. CONTAMINATIONS BY TENANT: Should the tenant's possession, transportation, use, or disposal of hazardous or toxic materials result in (a) contamination of the soil, surface, or ground water, or (b) cause loss or damage to person or property, then the tenant shall immediately do the following: i) notify the Landlord immediately of any contamination, claim of contamination, or loss or damage; and, ii) after consultation and approval of the Landlord, Tenant shall arrange and pay for clean up of the contamination in full compliance with applicable laws, regulations, statutes, and ordinances. The tenant agrees to indemnify and hold harmless the landlord from and against all suits, actions, and claims of contamination. The tenant shall be solely responsible to the Landlord for reasonable attorney's fees and court costs in any way connected to suits, claims, or damages for contamination, including trial, and subsequent appeal. This indemnification and hold harmless provision shall survive termination of this lease agreement. Landlord: RAILWAY 21 WHSE. GROUP. L.L.C. Tenant DOWNTOWN TOWING COMPANY prope~: Y:15 ~E 21 Avenue ~)/\ Date: - 0 Tenant Initials~ Page 6 :. 'e I~ . . () . (t . .. . . . .. '. I. . <l . . . . . . (l . . . . . . . . . . . . . . . . . . 37. RADON GAS DISCLOSURE: The Tenant is hereby notified that Radon Gas is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed state and federal limits have been found in a building in Florida. Additional information regarding radon and radon testing may be found at the county public health unit. 38. EXCLUSIVE CONTROL: The tenant, upon taking occupancy of the leased premises, will have exclusive, use, possession, and control over the property until the expiration of this lease term, abandonment, or termination by the landlord for causes stated herein. The Tenant must provide his or her own lock and key and must keep the doors to the leased premises locked even when empty. The tenant is required to provide to Landlord a key to the facility for emergency and other lawful purposes. Failure to provide a key is a material violation of this lease subjecting the tenant to termination of this agreement. 39. PARKING: Wrecked motor vehicles or any vehicle that is inoperative, has invalid or expired tags is not permitted on the property and will be towed by the Landlord at the tenant's or owners expense without notice. All cars belonging to the tenant, his employees, and guests shall be parked only in legal parking spaces provided. Parking on the grass, on sidewalks, in front of or behind trash receptacles, in front of a fire hydrant, in a fire lane, or in a manner that obstructs the passage of other cars, is strictly prohibited. Any car parked improperly will be towed without notice at the owner's expense. The parking spaces available for each tenant in a complex or building is based upon the ratio of square feet occupied in proportion to the cQmplexlbuilding size as a whole. Accordingly, based upon the square footage of the leased premises being rented hereunder, the number of parking spaces available for the tenant herein is 2 spaces. Should any of the above parking restrictions be violated by the tenant, the Landlord may, at its option, give written notice of the violation and allow fifteen (15) days to cure. Iffollowing the expiration of fifteen (15) days the violations(s) have not been cured, the Landlord may, at its option, declare this lease terminated and seek the evictionlremoval of the tenant in addition to damages arising under this lease or as provided by law. 40. LATE CHARGES: The Tenant agrees to pay all sums due to the Landlord on or before the due date provided on page 1 herein. In the event the Tenant fails to make payment within five (5) days of the due date, there will be a late fee of $100.00 as additional rent, together with a charge of $25.00 per day as additional rent for each day rent remains unpaid after the five day grace period has expired. All payments received will be applied to oldest balances first. 41. DEFAULTS OTHER THAN RENT: Any violation of the terms listed herein is considered a material breach of this lease agreement. If either Landlord or Tenant fails to perform or breaches any agreement on this lease, other than the agreement of Tenant to pay rent, and this failure or breach continues for fifteen days after a written notice specifying the required performance has been given to the party failing to perform, (a) the party giving notice may institute action in a court of competent jurisdiction to terminate this lease or to complete performance of the agreement, and the losing party in that litigation shall pay the prevailing party all expenses of the litigation, including reasonable attorneys' fees. 42. HOLD-DVER TENANT: In the event the tenant refuses to surrender possession of the premises at the end of this lease, the landlord shall be entitled to double the monthly rent until the tenant surrenders possession of the premises. Landlord: RAILWAY 21 WHSE. GROUP, L.L.C. Tenant DOWNTOWN TOWING COMPANY Property,. 15415ll.E 21 Avenue "'(Cf\ Date: '/- (.. \ Tenant Initials: Page 7 ~. '. I . ,e ,. I. I. . . . e . '. ,. I() .. i. !() '. . . e . . . . . <l . . . . . . . . . . . . . . . 43. RETURNED CHECKS: In the event a Tenant's Check should be returned for any reason, there will be a $50.00 charge for any returned check. In the event of a returned check, Landlord shall, at Landlords option, have the right to require all future checks to be paid in cash or cashiers check. 44. WAIVER OF RIGHT TO JURY TRIAL: The Landlord and Tenant hereby waive trial by jury in any action, proceeding, or counterclaim brought by either party against the other pertaining to any matters whatsoever arising out of or in any way connected with this Lease or the Tenant's use and occupancy of the Premises, other than an action for personal injury. 45. HOLDING OVER AFTER EXPIRATION OF TERM: In the event the Landlord allows the Tenant to remain on the leased premises on a verbal month to month agreement or verbal extension of this lease, each and every provision of this written lease shall apply to the extended rental period and any subsequent action by the Landlord to remove the Tenant from the property at issue. 46. ACCELERATION OF RENTAL WHERE INSTALLMENT NOT PAID: Should the tenant fail to pay any monthly installment of rent for a period of thirty (30) days after said rent has become due and payable, then all installments remaining due for the entire term of this lease shall, at the option of the Landlord, become due and payable at once, without demand. 47. WAIVER & CUMULATIVE RIGHTS: The rights of the Landlord under this lease shall be cumulative, and failure on the part of the Landlord to promptly exercise any rights given hereunder shall not operate to forfeit any of Landlord's rights. Specifically, the Landlord is free to accept the benefits of this Lease Agreement and to accept late performance by the Tenant without waiving any rights or remedies or otherwise being estopped from any other Landlord remedy under this agreement or law. 48. ENTIRE AGREEMENT: This written agreement is the entire agreement between the parties. This Agreement shall supersede all other verbal representations or negotiations. This Agreement may not be modified, or deemed modified or amended except by an amendment done in writing, and signed by both parties with the same formality of this Agreement. SPECIAL CLAUSES: UPON SIGNING OF THIS LEASE AGREEMENT THE FOLLOWING MONIES WILL BE DUE AND PAYABLE; FIRST MONTH'S RENT JANUARY 2010 IN THE AMOUNT OF $1,481.95 AND THE REQUIRED SECURITY DEPOSIT OF $1,481.95, FOR A TOTAL OF $2,996.90. TENANT TO RECEIVE A RENT CONCESSION IN THE AMOUNT OF $1,481.95 FOR THE MONTH OF JANUARY 2011 ONLY. TENANT HAS THE OPTION TO RELOCATE TO ANY A V AILlBLE BAY IN THE BUILDING SHOULD IT COME A V AILlBLE DURING THE INITIAL TERM OF THIS LEASE. Landlord: RAILWAY 21 WHSE. GROUP, L.L.C. Tenant: DOWNTOWN TOWING COMPANY prope!: 15415 NE 21 Avenue /" A 0\ Date: .... ~ -It) Tenant Initialsd1:1.L Page 8 . '. ,e .e . 'e .. . . () . 'e . . i. . I. '. 'e . . . . (t . . . . . . . . . . . . . . . . . . . This is your current rental breakdown: Base Rent Trash CAM Commode: Sales Tax $1,350.00 $ 25.00 $ 0.00 $ 10.00 $ 96.95 TOTAL: $1,481.95 per month Signed Sealed and Delivered in the presence of: RAILWAY 21 WAREHOUSE GROUP, L.L.C. By; tJUYJO-~ Rhoda Kurzman, Lan rd Witness as to Landlord DOWNTOWN TOWING COMPANY INC. /' , Witness as 10 Tenant ~~~:,117~ PERSONAL GUARANTEE I, Timothy Del Rosal, by signing below, agree to be personally responsible and liable for the obligations and payments required of the tenant listed in this lease agreement. I understand that in the event of a default in payment or in the event of termination of this lease by the Landlord for cause, I may be individually and personally liable in my own name, for the amounts due to the landlord under this lease, in addition to an damages caused by the tenant, including attorney's fees and court sts. t Witness as to Personal Guarantor Print Name Landlord: RAILWAY 21 WHSE. GROUP, L.L.C. To,,", DOWNTOWN TOWING C;1J\ propej: 15415 NE.~~ Avenue Date: - h - jq)nant Initials: . Page 9 e., I.~' "'" I .' . ~v I o:\p, ' .",t;V-: I 0 :11'1 e / '. e () . () . . . . .. e . . . . . . . . . . . . . . . . . . . . . . . . . . . LEASE AGREElVIENT This Lease Agreement is entered into on this 3rd day of July, 2009, between Ameri Dominican, Inc. ("Landlord"), and Downtown Towing Company( "Tenant"). In consideration of the mutual covenants and agreements of this Lease Agreement ( the "Lease"), and other good and valuable consideration, Landlord demises and leases to Tenant, and Tenant leases fi'om Landlord, the two (2) contiguous parcels of vacant land commonly known as 2040/2050 Northeast 154lh St., North Miami Beach, FL ARTICLE 1 TERM Term of Lease 9 1.01. The term of this lease is TWENTY FOUR (24) MONTHS, beginning on 1 July 2009, and ending on 30 June 2011, unless terminated sooner as provided in this lease. Unless Notice of Intent to Non-Renew is given to Tenant by Landlord at least ninety (90) days prior to the expiration of the original term, this Lease will automatically renew for an additional term of TWENTY FOUR (24) MONTHS. Automatic renewal may be avoided by Tenant by providing Notice of Intent to Non-Renew to Landlord not later than eighty-nine (89) days, nor sooner than sixty (60) days, prior to the expiration of the original term. This Lease is terminable by either party upon ninety (90) days written notice to the other party. If so terminated by Landlord and Tenant continues in possession after expiration of the ninety (90) days then such continued possession shall result in Holdover status as to Tenant. Holdover S 1.02. If Tenant holds over and continues in possession of the premises after the lease tel1l1 expires, Tenant will be considered to be occupying the premises on a month-to-month tenancy, subject to all of the terms of this lease except the monthly rental amount. ARTICLE 2 RENT Rent S 2.01. Tenant shall pay rent in the amount of 52.500.00 per month, paid to the Landlord on or before the first day of each month in advance. Rent shall be paid without notice, demand or set-otT except as provided herein. The Landlord shall pay from the rent all property taxes. Page 1 of 10 I.. .~ 1_: . . '. . () . . .. . . . . . . ,. '. '. . . . . . . . . . . . . . . . . . . . . . . . Tenant shall pay all payments to Landlord at the address as set forth herein, or at such other location or locations that Landlord may from time to time designate by written notice to Tenant. There shall be a late charge of five (5%) percent of the payment due for any payment that is made more than tive (5) days after the due date. ARTICLE 3 USE OF PREMISES Tenant's Warranty Regarding Use 93.01. Tenant represents and warrants to Landlord that Tenant intends to use the premises for storage of automobiles or for purposes consistent with the manner and use of similar properties in the vicinity of the subject property and in compliance with all applicable laws. Tenant is leasing the subject property "as-is", whereas and with all faults and without any warranty or representation by Landlord. Tenant shall obtain any necessary Certificate of Occupancy and/or Business Tax Receipt. Landlord shall not be obligated to perform any other preparatory work for the Tenant. Compliance With Laws 9 3.02. (a) Tenant may not use, or permit using, the premises in any manner that results in waste of premises or constitutes a nuisance or for any illegal purpose. Tenant, at its own expense, will comply, and will cause its officers, employees, agents, and invitees to comply, with all applicable laws, ordinances, and governmental rules and regulations concerning Tenant and the use and occupancy of the premises, including without limitation Hazardous Materials Laws. (b) Tenant, at its sole cost, must comply with all Hazardous Materials Laws in connection with Tenant's use of the premises. ( c) "Hazardous Materials" means any substance, material, or waste that is or becomes regulated by any local governmental agency, the State of Florida, or the federal government, including, but not limited to, any material or substance that is (i) designated as a "hazardous substance" pursuant to Section 311 of the Clean Water Act, 33 U.S.c. 9 1251 et seq., or listed pursuant to Section 307 of the Clean Water Act, 33 U.s.e. S 1317, (ii) defined as a "hazardous substance" pursuant to Section 1 0 1 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.e. S 9601 et seq., (iii) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 u.s.e. 9 6901 et seq., (iv) petroleum, (v) asbestos, and (vi) polychlorinated biphenyls. (d) "Hazardous Materials Laws" means any federal, state, or local statute, ordinance, order, mle, or regulation of any type relating to the storage, handling, use, or disposal of any Hazardous Materials, the contamination of the environment, or any removal of such Page 2 of 10 I.' e ~. . I. I. I. . '. '. . I. . . . '. . I. ,. I. .. . . . . . . . . . . . . . . . . . . . . . . contamination, including, without limitation, those statutes referred to in subsection cQ). ARTICLE .. REP AlRS AND MAINTENANCE Repairs and Maintenance by Landlord 9 4.01. Landlord is not & shall not be, throughout the lease term and any extensions of it, responsible to maintain the premises, any structures, improvements thereon or fixtures thereto. All maintenance, repairs, and replacements, struchlral, cosmetic, aesthetic or otherwise, are the sole responsibility of Ten ant and must be promptly performed when required by the Landlord or any governmental or quasi-governmental authority. Landlord's Failure To Repair or Maintain 9 4.02. If Tenant fails to perform its obligation to repair, replace, or maintain, as set forth in 9 4.01 above, within a reasonable time after notice from Landlord of the need for the repair, replacement, or maintenance, Landlord may make the repairs or replacements, or perform the maintenance, or have the repairs or replacements made or maintenance performed, at its own expense and may add such sums to the next monthly rental payment due from Tenant Environmental Cleanup Costs 9 4.03. Tenant is responsible for the payment of any cleanup costs necessary for compliance with Hazardous Materials Laws that arise as a result of the Tenant's, or any person in or about the premises with Tenant's express or implied consent, discharge of hazardous materials on the premises during the Tenant's occupancy of the premises. ARTICLE 5 UTILITIES, GARBAGE REMOVAL AND T A.,,,(ES Utility Charges S 5.01. Tenant will pay all utility charges tor water, electricity, and gas used in and about the premises during the lease term. Garbage Removal ~ 5.02. Tenant shall arrange for and shall pay for all garbage service and/or removal from/on the premises during the lease term. Page 3 0 f 10 .0 . .. . . . .. . . '. . . '. . . '. '. . I. '. ,. I. I. . . . . . . . . . . . . . . . . . . . '"' Real Property and Personal Property Ta'{es and Assessments S 5.03. Landlord is responsible to pay for all real property taxes and municipal assessments levied on the premises during the term of the Lease subject to Article 2 above The parties specifically agree that Tenant will be responsible for their own personal or corporate income tax, sales tax, intangible tax and personal property taxes related to the use of the premises and the existence of their personalty on the premises described herein. ARTICLE 6 AL TERA TrONS, ADDITIONS, AND IMPROVEMENTS Consent of Landlord S 6.0 I. Tenant is specifically authorized to make whatever improvements it would like at its sole discretion. Tenant must obtain all permits and all alterations must be made in compliance with applicable law. Property of Landlord S 6.02. All alterations, additions, or improvements made by Tenant will become Landlord's property when this lease terminates if the option is not exercised. Alterations Required by Accessibility Laws S 6.03. If any alterations, additions, or improvements to the premises are mandated by legal requirements related to accessibility by persons with disabilities (" accessibility alterations"), Tenant is responsible for same. This allocation of responsibility for compliance with such legal requirements is a material inducement for the parties to enter this Lease. ARTICLE 7 SIGN Sign Tenant may erect signs on the premises subject to applicable laws, ordinances, and regulations. Landlord needs to approve any signs and the location thereof ARTICLE 8 MECHANIC'S LIENS The Tenant will not permit any mechanic's lien or liens to be placed upon the premises or improvements on the premises. Tenant will promptly pay any mechanic's lien that is filed on the Page 4 of 10 .. I.- i.: ,. ,. . . . .. '. '. I '. . . . . .. '. I. !. I '. I. . . . . . . . . . . . . . . . . . . . . . premises or on improvements located on the premises. If default in payment of the lien continues for 30 days atter Landlord's written notice to Tenant, Landlord may, at its option, pay the lien or any portion of it without inquiring into its validity. Any amounts Landlord pays to remove a mechanic's lien caused by Tenant to be filed against the premises or improvements on them, including expenses and interest, are due from Tenant to Landlord and must be repaid to Landlord immediately on rendition of notice, together with interest at Ten (10%) Percent annually until repaid. Landlord's interest in the premises is not subject to mechanics' liens for improvements made, or contracted for, by Tenant. Tenant must give written notification to all contractors making any improvements on the premises of this lease provision. ARTICLE 9 INSURANCE AND INDE.MNITY Insurance S 9.01. Tenant must obtain and maintain General Liability insurance for its use and occupation of the subject property and Tenant shall and must have Landlord listed as an additional insured to such policy. Liability limits shall not be less than $1,000,000.00 and Tenant will maintain continuous and unintemlpted insurance coverage during the term of this Lease or Tenant's occupancy, whichever is longer. Proof of Insurance S 9.02. Tenant shall timely and promptly provide Landlord with such Certificates of Insurance reflecting compliance with this Article as and when requested by Landlord or on every 6lh month anniversary of this lease.or Tenant's occupancy. ARTICLE 10 DAMAGE OR DESTRUCTION Notice to Landlord ~ 10.01. If the premises, or any structures or improvements on them, are damaged or destroyed by tire, tornado, or other casualty, Tenant must immediately give Landlord written notice of the damage or destruction, including a description of the damage and, as far as known to Tenant, the cause of the damage. Page 5 of 10 I.. '.- .: .. I ,. . ,. . . . I '. '. . . . . . . '. '. ,. !. . .. . '. '. . . . . . . . . . . . . . . . . ARTICLE 11 CONDEMNA nON Total or Partial Condemnation 9 11.01. If, during the lease term or any extension or renewal of it, all or any material part of the premises are taken for any public or quasi-public use under any governmental law, ordinance, or regulation, or by right of eminent domain, or are sold to the condemning authority under threat of condemnation, this lease will terminate, at Tenants option, and the rent will be abated during the unexpired portion of this lease, effective as of the date the condemning authority takes the premises. Landlord must give Tenant notice of any pending Condemnation proceedings. ARTICLE 12 DEFAULT Tenant's Defatilt 9 12.01. If Tenant allows the rent to be in arrears more than five (5) days after written notice of the delinquency, or remains in default under any other condition of this lease for ten (10) days after written notice from Landlord, Landlord may, at its option, with notice to Tenant, terminate this lease (but no such termination shall affect Tenant's obligation for the payment of rent), or, in the alternative, Landlord may reenter and take possession of the premises and remove all persons and property without being considered guilty of any manner of trespass and may relet the premises (or any part of them) for all or any part of the remainder of the lease term, to a party satisfactory to Landlord and at the monthly rental Landlord can secure with reasonable diligence. If Landlord cannot relet after reasonable efforts to do so or if the monthly rental is less than the rental Tenant was obligated to pay under this lease (or any renewal of it) plus the expense of reletting, Tenant must pay Landlord the amount of the deficiency. Landlord's Lien 9 12.02. If Tenant defaults in paying rent or any other sum due from Tenant to Landlord under this lease, Landlord has a lien on all fixtures, chattels, or other property of any description belonging to Tenant that is placed in, or becomes a part of, the premises as security for rent due and to become due for the remainder of the current lease term and any other sum Tenant owes Landlord. This lien is not in lieu of - -nor in any way does it affect--the statutory landlord's lien but is in addition to that lien. Tenant grants Landlord a security interest in all of Tenant's property placed in or on the premises for purposes of this contractual lien. Tenant may sell any merchandise in the ordinary course of business free of such Landlord's lien. If Landlord exercises the option to terminate the leasehold, reenter, and relet the premises as provided in the preceding paragraph and gives Tenant reasonable notice of the intent to take possession and an opportunity for a hearing on the matter, Landlord may take possession of all of Ten ant's property on the premises and sell it at public or private sale atter giving Tenant reasonable notice of the Page 6 of 10 .. .' .0 . '. I. '. '. , .. .. . .. ,. '. . . '. . ,. .. '. I. . . '. . . . . . . . . . . . . . . . . . . time and place of any public sale or of the time after which any private sale is to be made, for cash or on credit, for the prices and terms that Landlord considers best, with or without having the property present at the sale. The proceeds of the sale will be applied first to the necessary and proper expense of removing, storing, and selling the property, then to the payment of any rent due or to become due under this lease; any balance will paid to Tenant. Cumulative Remedies 9 12.04. All Landlord's and Tenant's rights and remedies under this Article are cumulati ve, and none will exclude any other right or remedy provided by law or any other provision of this lease. All the rights and remedies may be exercised and enforced concurrently and whenever occasion for their exercise arises. Waiver of Breach 9 12.05. Any waiver by Landlord or Tenant of a breach of this lease by the other party does not constitute a continuing waiver or a waiver of any subsequent breach. ARTICLE 13 INSPECTION BY LANDLORD Tenant will permit Landlord and its agents, representatives, and employees to enter the premises at all reasonable times, by appointment, for the purpose of inspection or any other purpose necessary to protect Landlord's interest in the premises. ARTICLE 14 ASSIGNMENT AND SUBLEASE 9 14.01. (a) Reference is made to Article 3, Section 3.01 herein, Tenant may assign this Lease and Option to a related limited liability company provided such assignee must assume all of Ten ant's obligations under this Lease, but Tenant may not assign, encumber, or otherwise transfer this Lease and Option to a non-related third party, without Landlord's written consent. If Landlord consents in writing to an assignment or other transfer of all or any of Tenant's rights under this lease, the assignee must assume all of Ten ant's obligations under this lease, and Tenant will remain liable for every obligation under the lease. Landlord may not arbitrarily or unreasonably withhold consent under this section. ARTICLE 15 MISCELLANEOUS Notices and Addresses 9 15.01. (a) All notices required herein must be given by USPS certitied or registered mail, return receipt requested, addressed to the proper party, at the following addresses: Page 7 of 10 .. . .0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ Landlord: ,; 31tp 1- Attorney for Landlord: David Templer, Esq. Templer & Hirsch 20801 Biscayne Blvd., Suite 400 Aventura, FL 33180 Tenant: 35i 2-7 Attorney for Tenant: (b) Either party may change the address to which notices are to be sent by sending written notice of the new address to the other party in accordance with of this section. Parties Bound 9 15.02. This agreement binds and inures to the benefit of the parties to the lease and their respective heirs, executors" administrators, legal representatives, successors, and assigns when this agreement permits. Choice of Law S 15.03. This agreement is to be construed under Florida law, and all obligations of the parties created by this Lease are to be performed in Miami-Dade County, Florida. Legal Construction S 15.04. If one or more of the provisions contained In this agreement are for any reason held by a COUlt of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability will not affect any other provision of the agreement, which will be construed as if it had not included the invalid, illegal, or unenforceable provision. Page 8 0 f 10 .. . ., l'l: . ,} . . o . . . . . . . . {l () (t . . . . () <l . (t () () . . . . . () . () . . . . . . Prior Agreements Superseded ~ 15.05. This agreement constitutes the parties' sole agreement and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter. Amendment 9 15.06. No amendment, modification, or alteration of this agreement is binding unless in writing, dated subsequent to the date 0 f this agreement, and duly executed by the parties. Rights and Remedies Cumulative 9 15.07. The rights and remedies provided by this lease are cumulative, and either party's using any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. Attorney's Fees and Costs S 15.08. If this Agreement is breached by either party to this Agreement and as a result of said breach, litigation is initiated with respect to same, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs at the trial level and on appeal with respect to such litigation. Force Majeure 9 15.09. Neither Landlord nor Tenant is required to perform any term or covenant in this lease so long as performance is delayed or prevented by force majeure, which includes acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riot, floods, hurricanes, and any other cause not reasonably within Landlord's or Tenant's control and that Landlord or Tenant cannot, by exercising due diligence, prevent or overcome, in whole or part. Waiver 9 15.10. Landlord and Tenant hereby waive trial by jury in any action, proceeding, or counterclaim involving any matter whatsoever arising out of or in connection with (i) this lease, (ii) the premises, (iii) Tenant's use and occupancy of the premises, or (iv) the right to any statutory relief or remedy. Time of Essence ~ 15.11. Time is of the essence of this agreement. Page 9 0 f 10 Q. 6 ~ . () . . . . () . . . . . . . o . . . . . . <t () . <t . . . . . () ct . (t . . . () . . Indemnification S 15.12. Tenant shall indemnify, defend, and hold harmless the Landlord from and against any loss or damage to persons or property occurring at the premises caused by the Tenant, their invitees or occupants or otherwise occurring in and on the premises. Counsel S 15.13. Each party to this Lease has had the benefit of time in reviewing same and each party has had the opportunity for their own, independent attorney of their choosing inspect and comment on same. The parties acknowledge that attorney for the Landlord is not, as of the time of this Lease execution or for the purpose of this Lease execution, the attorney for Tenant. IN WITNESS WHEREOF, the undersigned Landlord and Tenant have each executed this agreement on the day and year first above written, at Miami-Dade County, Florida. z~ Downtown Towing Company By: Tim Del Rosa! Print Name: Witnesses: Print Name: I n Domil1l an, c. By: Kenneth A. DeFillipo, Pres.. Print Name: Page 10 0 f 10 . . . . () () . ~ . . . . ct . . . . . . . . . . . . . . <l . . . . () . . . t) () . . . . . CERTIFICATE OF INSURANCE . . . . . . . . . . . . . . . . . . . . . . () () . . . . <t . . . . . . () () . . . . . . From:Nancy \Nil FaxID:954-791-9344 THIS IS TO CERTIFY THAT THE POLl':IES OF INSURAN':E LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HERElt~ IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN'K 00 ~~ (M~/g5~) LTR TYPE OF INSURANCE INSR POLICY NUMBER (MM/DDIYYYY) LIMITS GENERAL LIABILITY . EACH OCCURRENCE $1,000,000 - L'AMA'_'~ 'v _n~'" cu A ~ COMMERCIAL GENERAL LIABILITY TIP-001818-B 05/05/10 05/05/11 PREMISES (Ea occurrence) $100,000 - tJ CLAIMS-MADE 0 OCCUR MED EXP (My one person) $ 5,000 PERSONAL & A[)V II~JURY $1,000,000 - - GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $2,000,000 ~ POLICY n j~8T n LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 - (Ea accident) - ANY AlrrO BODIL Y INJURY (Per person) $ ALL OWNED ALrrOS BODIL Y INJURY (Per accident) $ - A ~ SCHEDULED AUTOS TIP-001818-B 05/05/10 05/05/11 PROPERTY DAMAGE X HIRED AUTOS (Per aCCident) $ - ~ NON-OWNED AUTOS $ $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ I-- DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION WC009934029 09/01/09 09/01/10 X ITO'R'yt:~I'~ I IV' AND EMPLOYERS' LIABILITY Y/N ER ANY PROPRIETOR/PARTNER/EXECUTIVE 0 /A E L EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (M.nd.,ory in NH) E L DISEASE - EA EMPLOYEE $1,000,000 If Y€lS, descnbe Llnd~r DESCRIPTION OF ,)PERATIONS below E L DISEASE - POLICY LIMIT $1,000,000 A On Hook & cargo TIP-001818-B 05/05/10 05/05/11 $1000 Oed $100,000 A Garaqekepers TIP-001818-B 05/05/10 05/05/11 $500 Oed Varies DESCRIPTION OF OPER';TIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Gr~kprs Le~al Liab $500,000 @ LOC 1 & 2 2418 N Miami Ave., Miami, Fl & 2~ 1.SW 70 H Ave. MiamI Fl Loc 4 $lQO,QOO 2011& 2050 NE 154 st., N MIamI BCh, Fl. & i5415 Nt 21 Ave, N MIamI Bch Fl. Regarding RFP10-07-01 Page 1 of 1 Date:71221201002:01 PM Page:1 of 1 ~ ~R . CERTIFICA TE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) OP 10 WN 07/22/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lithe certilicate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions 01 the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~jE~1.. I Chase Insurance Agency Inc r..tJgN~o. Exll: I (A/c. No): POBox 17497 ~DMDR~ss: Plantation FL 33318-7497 CUSTOMER ID II: DOWNT-1 Phone:954-792-4300 Fax:954-791-9344 INSURER(S) AFFORDING COVERAGE NAICII INSURED INSURER A : State National Ins Co Inc 12831 Downtown Towing Company & INSURER B : NATIONAL UNION FIRE INS CO 19445 Famil~ L~astn~ Investment Corp 2418 MIamI ve INSURER C : Miami FL 33127 INSURER D : INSURER E : INSURER F : , COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION SUNNYIl SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Sunny Isles Beach 17070 Collins Ave #250 Sunny Isles Bch FL 33160 I AUTHORIZED REPRESENTATIVE ORPORATION. All rights reserved. ACORD 25 (2009/09) 988- The ACORD name and logo are registered marks of ACORD . . . . . . . () . <t . . . . . . . . . . . . . . . . . (t . . . . . . . . . () . . . . . EQUIPMENT/VEHICLE REGISTRATIONS AND VEHICLE TITLE AND/OR LEASE DOCUMENTS . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . () . . . . . . EQUIPMENT LIST Please identify below all vehicles the Proposer intends to utilize for the services required for this contract. Identify whether the unit is presently owned or leased by the Proposer. Please make sure to enclose evidence of ownership or valid first party lease of the equipment. WRECKER MAKElMODEL YEAR LICENSE TAG NO. OWNED/LEASED CLASS :zo. Forn/Wrecker 2006 D3216B Leased A Ford/Wrecker 2006 D8015B Leased A Ford/Wrecker 2006 D1541B Leased A Ford/Wrecker 2006 . D8014B Leased A Ford/Wrecker 2008 E6979C Leased A Ford/Wrecker 2008 E7927C T.A'" C:ArI. A Ford/Flatbed 2003 D3219B Leased A Ford/Flatbed 2004 D3218B Leased B Kenworth/Wrecker 1997 D3222B Owned A Ford/Flatbed 2005 D8016B Leased B Hino/Flatbed 2006 D8017B Leased B Hino/Flatbed 2006 E8878B Leased c Kenworth/Flatbed 2003 D3217B Leased D Kenworth/Wrecker Rotator 2004 D9389A Leased Other Talbert Lowbov Trailer 1998 C0663R T .A'" cor! Other Landoll Trailer 481 1992 C71687 Leased Other Landoll Trailer 53' 2000 2775CE Owned -. 1999 I \JLR Owned Other Kenworth Tractor 1999 W477EJ Owned . A TT A CHMF.NT "0" 28 . . . FLORIDA VEHICLE REGlSTRi\TIO~ CC)/..;.GY ! to T:; 52S,}!,\9tc Bit .'J2CG6- . PL\ TE . "~'\l-' ( K;.I .\. . VIN Plate Type · DUFEID . Date Issued 6/29/201 0 . . . . . . . RTR - REGULAR WRECKER . . . . . . . . . o . . 'e' . ~u._. i. e . . . . . . '. . . . . 'A D32168 DECAL 09888854 Expires Midnight Thu 6i30/2011 2ND DL# 55 BlK R~g. Tax 63.65 Class Cece ,-.",.... ~~ 96111338 !nit. Reg. Tax i'vlonths 12 1 6e01 County Fee 3.CO Back Tax Mos Mail Fee Credit Class Sales Tax Credit Months V oluntary Fees Grand Total 66.65 6639 COLOR TITLE GVW 2CCE/FORD BOD',{ 1FDXF45F36EC54513 RTR NET "VT TT Plate Issued 5/1S/2C07 it 3S llv1PORT ANT INFORivlA TION I. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. FA.'vIlL Y LEASING & INVESTMENT CORP 2000 NE 120 RD N MIAMI, FL 33181 ,. ..">4 ' _..____.__.__.0"_._______ _..~ ..-.. -------,.-.- ---. -....- ----.......--.---.-.-----.-- .'. .r.... ~ ~ '"' " : . I OfLORIDA VEHICLEREGISTR~TI00 .LATE D80158 DEC\L 09888921 Expires e1R/MX 2CC€/FORD BODY TT COLOR ! eVIN 1 FDXF4cP76ED654C5 T1TLE I .Plate Type RTR NET WT 6639 GVW if/IttPUFEID - ~ate Issued 6/29/2010 Plate Issued 12J29/2CD8 CO/)....Gy T.;;: 6233lS1GJ. Be' 62CS63 ~/lidnjgh1 Thu 6/30/2011 . OFAMIL Y LEASING & INVESTMENT CORP 0060 NE 120 RD .1'1 MIAMI, FL 33181 : f~3 .RTR - REGULAR WRECKER . . . . . .. . . () o . . . . ___.' ,__..___,_,_,__,_,.., ,_,______,__..__,__.__h'____ ..__...,,_,_ . . . . . . . . . . . . . () BlK Reg. Tax 6.3.65 Class Cede 92 9676C831 !nit. Reg. Ta:1: Months ...., J_ 16OC-o County Fee 3.00 Back Ta'( Mos Mail Fee Credit Class Sales Tax Credit Months V oluntary Fees Grand Total 66.65 J}vlPORT ANT INFORtvlA TION I. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. ... .'... '0';,., ,..;, ~.. "..i. .- .... , .: . . . FlORlD~-\ VE}IICLE REGISIR-\IIOl'\; . PLATE '. '. . . DUFEID Date Issued 6/29/201 0 . . I. e '. '. e RTR - REGULAR WRECKER e . e . . e . . . . . . e' . ,-e.---- .. ..,--..-..--....--,....,-..--,..-.., ..,-..--,-.......,---.. .. ........-.."..."........-....-...-' '" ...-..---..-.......".. .._,.. . . . . . e e e . e . . e (l COi..~.G";' / Ie' T;:: 623~15238 6:C969 D15418 D EC..\L 09889013 Expires Mldnight Thu 6/3012011 6639 COLOR TITLE GVW BlK Re:z. Tax 63.63 Class Code 92 961111 eo Init. Reg. Tax Months l2 1SCCO County Fee 3.CO Bac!( Tax Mos Mail Fee Credit Class Sales Tax Credit Months Voluntary Fees Grand Total 66.65 YRJ:Y!X 2CC€,FORD BODY '111'1 1 FDXF4cP76EC4S852 Plate Tyt:e RTR pIET "VT TT Plate Issued 211/2007 If- 5!5 IMPORTAi'lT INFORMATION I. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 2D days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 3D-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. FAMILY LEASING & INVESTMENT CORP 2418 N MIAMI AVE MIAMI, FL 33127 ... ..... . '''''''r; ~-' .' ~ '"' ~ ,. . etLORlDi\ v--:EHICLE REGISTR~TION :PLA TE _YRf~[Z 2GC€iFORD- BODY WY'll'i 1 FDXF4SP46ED288CO Wlate Type RTR NET \vl . eDUFEID - I . Date Issued 6/29i201 0 !. I . FAMILY LEASING & INVESTMENT CORP, DOWNTOWN TOWING COMPANY I .2418 N MIAMI AVE I MIAMI, FL 33127 I. ;. ! . RTR - REGULAR WRECKER . . . . . e . . . . e . . . ___.....__,_________, ,.. .._n_..___,_,_..__..__n_ -- ,--..------. . . e . . . . . . . . . . CO/.~.G.{ .' ir. ~:: c2S3i53;O 6':'C97~j 3,T 080148 DECAL 09889310 Expires Midnight Thu 6/30/2011 2ND DL# aLK Reg. Tax 63.65 Class Cede 92 974C4C15 Init. Reg. Tax 0<lomhs 12 16CCO County Fee 3.CO Back Tax Mos Mail Fee Credit Class 591844781-01 Sales Tax Credit Months Y oluntary Fees Grand Total 66.65 6639 COLOR TITLE GYW TT Plate Issued 12/29/2008 #65 IMPORTANT INFORrvlA TION 1. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. ~ .'.. ....- --..-..------. ... .._--_..... ............---- .----. ..-..-- ........n.. .___._._ __,______ .u. "..--- -'-,..'- ..-...---- ----- '. ~ ~- ""' - : . . FLORIDA '[EHICLE REGlS;'-IR;.\TION cor~G-Y Iii} i. ~ 6233: 6~cj .::Cc.71 3,'* . DL 'iE ." ,-". '~{'\l~' . 1."" A VL'i . Plate Type . DUFEID Date Issued 6/29/201 0 . . I: . . .. . . . . . . . . . . . . . . ,... ,.._,,_,~' ,..,'..__,...... "'.__ ,__..".. ...._._ ,_ .....~m_....__"_..,.. "....."'" . . . . . . . . . . . . . . D6974A DECAL 09889J98 Expires Midnight Thu €/30/2011 7073 COLOR TITLE GYW BLK Reg. Tax 63.63 Class Code 92 1C0703702 Init. Reg. Tax y!ontns 12 195CO County Fee 3.00 Back Tax Mos Mail Fee Credit Class Sales Tax Credit Months Y oluntary Fees Grand Total 66.65 2WeiFORD BOD':;' 1 FDXF4<3R78EDC4124 RiR NET WT TI Plate Issued 12/29/2008 1f}5 RTR. REGULAR WRECKER IMPORTANT INFORlvlA TION I. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 3D-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. FAMILY LEASING & INVESTMENT CORP 2418 N MIAMI AVE MIAMI, FL 33127 '" . ....... .-.....~" --*--- -----. .-.--..-.-- -- -- .-...-_.----_.... .-- ~ ".... ~ ~ '"' : ,. :FLORlDA VEHlCLE P..EGlSTRATlON COI,'Ci .PLATE E7927C DEC).,L "16::3'156.54 Expires Midnight rri 12/3112010 · .YRI:vlX 2CC8JFORD BODY Ti COLOR eV1N1 FDXF4oR78EC78432 TITLE Plate Type RUR l'TET 'NT 8500 GVW .DlfFEID . Date Issued 12131/2009 Plate Issued 9/412008 . - . FAMILY LEASING 1lt INVESTMENT CORP .2418 N MIAMI AVE MIAMI, FL 33127 . I: I . RUR - GVW WRECKER '. . . . . . . . . . . . . ie L_ ",...,_n ...-,--,..,.... ,,,..-' "......------,....--" ,..,,--....,-,-----,...,----..-' e e . . . . . e . . . . . . J 80 .. .",-6 '. i. ~ : i ,= SC\SC6 -.:.:!.- B# 5864g-~ BLK Reg. Tax l50.65 Cl~ss Corle "~ 1 1 013165.3'1 Init. Reg. Tax Months 12 14500 County Fee 3.00 Back Tax ;\;Ios Mail Fee Credit Class Sales Tax Credit Months V oluntary Fees Grand Total 153.65 IrvIPORT ANT INFORlvIA TION I. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to YOllr new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 3D-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. .._,._---_.,~-_._. ,--..------.- ...-_._-~_.-...--_._'- .__...._......___.__.__ .__...__..__~__.._____'U'. .._ 0"_.'_" ..... -.. . ~ORID"~'>. VEHICLE REGlSTR-\1'100T ! =-LA TE I eY:</;-/lX 2C0:3iFORD BODY I IlN 1 FDAF5SP73EE.s:J175 ' ""~ T,1" R'TR ';ET wr I ~UFEID - I Date Issued 6/29/201 0 ,. i. I .FAMILY LEASING & INVESTMENT CORP I 2000 NE 120 RD I .N MIAMI, FL 33181 . . 032198 DECAL 09894537 ~ j I 6995 Plate Issued 816/2C07 t'P\ . RTR - REGULAR WRECKER I. . . . . . . . . . . . . . , . ' ~,--_.._-,_.._'---_..- ,-- ---,--------' -----' ----..---'-.--'..- ,_..,-,..'-_..---- _..--- . . . . . . . . . . . . . . .",... " ~ : ........ "'" '"!'b - COI.:..GY i~ 623:;236~.l u~ s: ~ \='G3 Ex D ires ~Ilidnight Thu 6/30/'2011 COLOR TITLE GVW WHl Reg. Tax oj.6j Class Cede 92 38535.31 4 !nit. Reg. Ta1 Months 12 19COO County Fee 3.CO Bacl< Ta1 Mos Mail Fee Credit Class 202 Sales Ta1 Credit Months V oluntary Fees Grand Total 66.6j 2ND DL# IlYIPORTANT INFORtvlATION 1. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. ... -_...._.__._.__._.__._--~_.. .--------~_._._..- .' '"' '- . . :FLORIDA VE}IICLE REGISTR:\TION '. . PLATE I .... Y?: ), lK ,. VI0i . Plate Type eDUFEID () Date Issued 6/29/201 0 . I. . . '. I: RTR - REGULAR WRECKER l. '. I. . . . . .. . . . . . l, _,~..____,___,_______u_.,_.._:....___, ----'-.--..--..---------- ,.., ,-,---""------ ---'--'--'-----'-..-- ,---"~---"--,---"------ ,-,---'- ----,-,----,.--.--..-",-..,------'-' ...----- ---,--'-- ,---,- . ' . " .' ' . . . . . . . . . e . . . COP.GY / 10 T# 6:33:-5:: B# 620Q7S 032188 DECAL 09890136 Expires Midnight Thu 6i30i2011 3.CO Class Cede Tax Months Back Tax Mas Credit Class . Credit Months 9'2 12 14320 COLOR TJTLE GYW UNX 9C633380 2SCCO Reg. Tax !nit. Reg. County Fee Mail Fee Sales Tax V oluntary Fees Grand Total 63.6j 2CQ4iFORD BODY 3FRNXS5N44V693S91 RTR NET WT Ti< Plate Issued 6/6/2007 66.6j DOWNTOWN TOWING 2418 NO MIAMI AVENUE MIAMI, FL 33127 4i- 2OZ- INIPORT ANT INFOR.J.V1A TION I. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. ~ ....~ . " ~' i;;: "'" '"' : '.PL-\.TE 080168 DECAL 09889951 e. YRiMK 2C05iFORD BODY TT vm 3FRNF65F45V203656 I e Plate Type RTR NET ',Vj . DUFEID - Date Issued 6/29/2010 Plate Issued 12/29/2C08 i() I, .e FAMILY LEASING 2060 NE 120 RD ! . N MIAMI, FL 33181 I. . I . RTR - REGULAR WRECKER 1(1 'e '. . . . '. . '. , () '. . .' e ~-.---- ie . . . . . <t e () e () e e . Expires COi.~.CY j i 1;""; T':"':' 5233 i 7i:50 , ~ , .T S# 62CS7.5 Midnight Thu 6130/2011 au" Reg. ja"{ 63.6:5 Class Cede 92 94300434 Init. Reg. Ta'\ Months 12 25CCO County Fee 3.00 Back Ta"{ Mos Mail Fee Credit Class Sales Ta"{ Credit Months Y oluntary Fees Grand Total 66.65 e eFLORIDA vEHICLE REGISTRA.TION 8376 COLOR TITLE GYW #- 3O?J INlPORT ANT INFORMATION 1. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. i ---..! ~ ,.'_>6 . ,- -... ---~.- ...---_._,_..~- -.--~--.-- '"-..--- ._----------.. .-..--- -----------.---. -.--- ----------- ._-- -_..~-- ,..... -- ---- .~ _. ~~ .' ~ ... ~ . . QFLORID,,-\ VE}IlCLE REGISTRj-\.TIO~ I ~LATE .YRIMK 2CC€i:-Jll\lO BODY .Vl'~ 5PVNDOJP762S10080 eP!:lte Type RTR NET "VT ~DUFEID - WDate Issued 6/29/2010 Plate Issued 3/17/2010 . -FAMILY LEASING & INVESTMENT CORP I .2060 NE 120 RD eN MIAMI, FL 33181 e I. I . RTR - REGULAR WRECKER I. . .. l<t I. I .. '. e . . . . Ie '.. '. L,.,--,.., ,__,_,_,_..____,_______,___"m ......_m_' ..,----,,,,,--'-' ,.., ..-...-- ,----.----,.. :.' '. . . . . . . . . . . . . 080198 DEC\L 09890495 TK 9395 -f!- 404 ."A ," : -~ CC:I,~\C-<{ / ~o n S"233 131.3<~' Brt S2C9S1 Expires Midnight Thu 6/30/2011 COLOR TITLE GVW WHl Reg. Tx( 63.65 Class Cede 92 95240014 !nit. Reg. Tax Memhs 12 2SCCO County Fee 3.CO Back Tax Mas Mail Fee Credit Class 303 Sales Ta"\. Credit Months V oluntary Fees Grand Total 66.65 2ND DL# lJvlPORT ANT INFORMATION I. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. ..J ~ " _. ~r ..... '"' . . :e-l.. 0 PlD A \1 r.HI (1 E F' F GIS -1 y,,- .,};. TI 0 j>T . .?L..'._ L:. . Y?JlvE( . ViI'i ?lare Type . DLIFEID . Date Issued 12/31/2009 .' . . . . . . . . .. <t '. . ,. I. . . . . . . ~_,.,__._._._. ,.,n,_ __,__________ . . I. . . . . () . . . . . . ES878E DEC~~ 2CC6/HINO 30DY 5PVNDSJP652S1 0152 2UR ~!:[ 'I'll PI are Issued FA.\\iliL Y LEASING &. II'JVF-Ti'vlENT CORP 24'l8 N MIAMI AVE M!AMI, FL 33127 RUR - GVW WRECKER ..-'1. "'-~ 1 6:315c. 29 TT 9395 12J13/2CC6 : CCJI.~.G-':. COLOR TIT:....E GVW WH] j~JUdnjght Fr112/31i2D1 0 .t:.XpE"cS ';5c4cc41 25C(;0 Rez. T1:; 1r.it. .:<.eg. County .?ee Mail Fee Sales [ax V oluntarj Fees Grand Total tv .):.O.t:,:;. 359.65 ;]l...,.,:.,.)t... : '-.'_.:-- - 5~c..!.,3:3 :;.00 Class Cede "?:lX i\Jonlhs Back [J..':: ;-',los Credit Class Credit Momb.s I' ~1 12 INlPORTANT INFOR1\tIA TION 1. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period plior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. .,.; .~_.....__..__. _.____.....___..., _______..._____. _._.__~___...._.~...___ ____.__. __ _. ....._ ~_~__'_.4__""_" ..__. -_. .-----. - ._..-~...---. --.-- '. ~,. !;. ....c:~ "" .' . en ORillA" YEHlCLE REGlSTRr\TlO1\ :PLATE .YR/~l=<' VIN . Flate Type . DUFEID - . Date Issued 6/2.9/2010 ,. I . FAMILY LEASING & INVESTMENT CORP 2060 NE 120 RD . N MIAMI, FL 33181 . . I . RTR - REGULAR WRECKER ,- .0 . I. I. ,. I. . ,. . . . . . l-.-- . . . . . . . () . . (t . . . D32178 2CO'J/K'iI BODY 1 NKDLUOX93J391319 RTR i'lET WT DEC~L 098SC612 TK 13970 Plate Issued 5117/2C07 1600 .'J4t ~ .: _Expires CC~/...\G .~. i ;; i ~ 5223i3J.3-.:. tJif .s:cs's:. Midnight TJ1u 6i30i2011 'Nlil Reg. Tax 63.6.5 Class Cede 92- 89394343 L'lit. Reg. Tax Months 12 54599 County Fee 3.CO Back Tax Mas Mail Fee Credit Class Sales Tax Credit Months V oluntary Fees Grand Total 66.65 COLOR TITLE GVW INIPORT ANT INFOR.JvlA TION 1. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to aTax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. ~ " ..f ~ .' ... '""10 . . FLORIDA. VEHICLE REGlSTP,-[-\.TION 'e PL-\TE . . . . DUFEID Date Issued 6/29/201 0 '. .. . . . '. '. RTR - REGULAR WRECKER '. .. '. .. . . . . I. 10 . . . . "., ....,.._,__ ..,______.._..__,__'_______"_,..,.. __u_,..__,_,,,u ,__,__u . . . . . . . . . . (t . . . 032228 DECl-J... 09890742 YR ;'-,IX I S97)K'i'i BODY VIN 3NX;\lHD7X2VF741696 Fbte Type RTR NET WT TT o Plate Issued 6/30i2C08 DOWNTON TOWING COMPANY 2418 N MIAMI AVE MIAi'IJlI, FL 33127-4434 4- 40 .'" : r - ~.... CC\I.~GY :r- .I'J' 6:33 :35<57 6:C93-1 1= ;j-:f 1:.:\pJr:~S Midnight Thu 6/'30/'2011 COLOR TITLE GYW BlK Reg. Tax 63.65 Class Code 92 74954557 lnit. Reg. Tax Months 12 34999 County Fee 3.CO Back Ta'{ Mas Mail Fee Credit Class 40 Sales Tax Credit Months Y oluntary Fees Grand Total 66.65 2j\iD DL# IMPORTANT INFOR.JvlA TION 1. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Ta'{ Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 3D-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. " _.- . ..------.--.-.--.-.---.---...--. -..---..---.--.--...-------.. -- -.- -- - -- "'.--..--.------- ----.-........ ....-.----.... --.-.-.-- '.'- _. _. .-.. .' ~ '"' . I a-LOR1D.L~ VElIICLE REGISTRATION COi.~.CY I ; (', j. 'J T_ 1:-:- 84 S2:3313~~i Q.:CS25 a1 ,~'t:: < _., 1 L -.n'l" .U'<J.y A IN _late Type a:>UFEID . ~ate Issued 6/29/201 0 : 4It ' II ~FAMIL Y LEASING & INVESTMENT CORP, DOWNTOWN _rOWING COMPANY I 02418 N MIAMI AVE MIAMI, FL 33127 . . D9389A DEC\L 09890845 Expires Midnight Thu 6i30i2011 21'<"0 DL# RED Rez. T~, 6.3.65 Class Cede 9'2 885432€d !r.it. Reg. Tax Months 1.2 5CCCO County Fee 3.00 Back Tax Mos Mail Fee Credit Class 591844781-01 Sales Tax Credit Months V olumary Fees Grand Total 66.65 2CC4ii\'N BODY 1 NXDXBiX64JC51423 RiR NET "VT TT COLOR TITLE GVW 21530 Plate Issued 6/9/2OC6 Jt 0f) ITvlPORT ANT INFOR1vlA TION I. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. . .RTR. REGULAR WRECKER . . . I. . . . . I~ o . . .. . l....,- .-. _n_ ....-- ....-....- .....-.....-,..,-..,-..-..---'.. . . . . . . . . . . . . . . . ~ ..-~ . ~ -' ~~ ~ .... "' : CU/.~.UY / ID l =: Q,;,tJ,)_\,Ij,)C 3F 61-'7.13 :FLORln~ TRCCK!TR~CTORREGISTRUION e<:lT ,,::; I " L.-' 1 .l.... .<'~,~r-' ...~:./u' . ....;ll-i Fla(~ Tvpe .DliFE~ . Date Issued COoXUF DEC~-\L 177"f47'15 Ex Dlrc3 MkJJllght Fri 12/31/2010 1999iK'N BODY 1:X:<D08SX-lXJ794107 RGS :-fET ';IIT T~ on 72558323 3.CO Class Code T a.'( Months Back Tax Mos Credit Class Credit Months J.I 8CCCO Reg. -Tax !nit. R.:g. County Fee Mail Fee Sales Ta."( V oluntary Fees Grand Total -""''1 -.:;, J__./__ 171 CO COLOR TITLE G'/'N UNX 591 844781-01 6/1 0/201 0 Flate Issued 6/1 0/201 0 725.75 '. 'I . DOWNTOWN TOWING COMPANY .2418 N MIAMI AVE .LL -,....-v6\ MIAMI, FL 33127 11-' ~ . . - I 0 RGS - SUNSHINE STATE PLATE ISSUED X I. .. . . . . . . . '. . . . . . ~_'.__...._'_...__.._._ ..__...___.._..;-"_..'._____.._ ,_ __.._____' ....___' _____..___7"_'______._____....__..._ __.. ____ _.._.__.._..___:;_____...__..'______.- -..-----..--,..-'---. --';'--... _.._w___'_'" ----.- -,--,- . . . . . . . . . . . . .' TIvlPORT Ai~T INFORJvlA TION I. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. ... . ..',.J ..... -- ~'Jr .' ...-: ..... '"' t-ORIDA TRUCKJTR'\CTOR REGISTR'\TION 4J-A IE W 477EJ DECAL 18-8D9979 Expires l'llidnJght Fri12J31 /2010 A"'J?vIX 1899/KENW BODY TR COLOR UNK R~g. Tax ~Ii'j 1XXDC€OX3XJ33G598 TITLE 76419201 Init. Reg. eate Type RGS NET "'IT 17010 GVW 8CCCO County Fee Mail Fee Sales Tax V oluntary Fees Grand Total CO/."-.GY / to L':' 61 O'7CCC::- 3# .5S0'753 OuH:ID 591844781-01 .ate Issued 1/25/2010 l.tc<l.65 CI<lSS Ccee Tax Months 3.CO Back Ta., Mos Credit Class Credit Months ~I 1:2 Plate Issued 2J'C12007 1607.65 . qOWNTOWN TOWING COMPANY 418 N MIAi'lill AVE OIAMI, FL 33127 . . QGS - SUNSHINE STATE . . . . . . . I. I: . . . . . _,.___,___,_,_, .._________'~_m_____'______,_____ ,____,__ __m_._,_,__,,_,_,_~_n ,__,___________,__,______'_'_~____.__,__n'__'___' --',-c-"--..----..-----:--'-- -:;-----'-----'--- -, . ' . . . . . . . . . . . . . . ~LJ ~ IMPORTANT INFORMATION I. The Aorida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for \ransfer to a replacement vehicle. 3. Your registration must be updated to your new address within 20 days of moving. 4_ Registration renewals are the responsibility of the registrant and shall occur during the 3D-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. '" . ..-14 i' ~ -. ""' : CO/A.G'r. , to rf"'.;.J. 111' B# 5620519-+-+ 5123i3 .- \~- L-, i t. DECAL Expires NO EXPIRAT]O~1 .R/\,[( \ ['.: .1';lC Type ~UFEm .ate Issued 11/20/2008 2CGO/LA~JD BODY 1LH6601VH5Y1A11315 PSR ~cT Wi TL TITLE 82894416 Re~. Ta:< !nit. R~g. County Fee Mail Fee Sales Tax V oluntary Fees Grand Total 1.1. 10 Class Code Ta, Months 3.00 Back Tax Mos Credit Class Credit Months 103 11 200 Plate issued 11/20/2008 . OOWNTOWN TOWING INC d418 N MIAMI AVE HAMI, Fl 33127 . '. ,. I. 17.10 li\tlPORT A1\1T l..i\lFOR1\tL<\ TION I. The Florida license plate must remain with the registrant upon sale of vehicle. 2. The registration must be delivered to a Tax Collector or Tag Agent for transfer to replacement vehicle. 3. The registration must be sUITendered when requesting a change of address. 4. Registration renewals are the responsibility of the registrant and shall occur during the 30-day period prior to the expiration date shown on this registration. Renewal notices are provided as a courtesy and are not required for renewal purposes. I .SR. PERMANENT SEMITRAILERS PLATE ISSUED X ,. I. I: . . . . . . . . , --'.---,--,--- -----_.:.._-------,,-;._-_._--------'----'-----'-"_._---,-,-, '-':---------- ,-,---_..-_.._'----'---_..-~----------:-- ,--,---- -::-~'----: ----'--~-'---:----- ,--,---,_..,--'-'--- -,----.. . . . . . . . . . . . . . .' 53'1 ~IJ t::kJl r.... .- ~ .' ~ ""'. '"' : . .. . . . . . . . '. . . '. . . . . I. i. I ' . . . . " . . .' . _.._'___'______..__'____.'___________'___..__._.______'."'7--"--...---~-..---.-,--_.-----.---,-----------~..--,--,____:_,.___...__________.__..__,___u____ ~ . ' . . . . . . . . . . . . . i~~G. :;:;X iNn ccurT'( ,"RII_ FEG. FTE ?"::~ S9~7S 50 CO TIlLE '--, r c..... 5G, CC > 50 CO 5 5 5 PLATE: CRE I~ITER~n tJCLLNTFRY 'ISSlED ISSlED ;<IGSX FEE: ceNT. TOTFL 021 14/e6 50.CO 5 FLCRICA TRAILER REGISTRATIUI ERH.D TOTFL 50.CO CATE: 1 SSLED : 02.'1-\106 DL": - TAG'" COE63R DECAL" : Dp: II VIN:4CFWG5127WI017563 TC:73641444 YR/~K:1S98 TALB o & T INVESTMENTS INC. 2418 N MIAMI AVE MIAMI. FL 33127-4434 . , L#:551321 T#:448326133 V --,- -' ..- _u__' .- 8#:470286 R#:448326133 , -- - - j \, " '" .">4 . ';,-'~ .- ~ .... ~ : . . . . . . '. '. , '. I '. I. '. I. .. I. '. I. . ,. ,. . . . o . . .' . l-.-------------~--------__:-,------------,--------.,.--------~-----,--------- ------~---:--,-----,----~---~-------,----------..--- . . . . . . . . . . . . . . ,~EG. T,:;X PlIi R~G, CCUIT! i"R1L ;:-E:: FEE S~~f-S 110'\ TEb:: ~ 1:.::' S2:; 10 .) .)3.CO ;$ .) PLRTE ISSuED CATE ISSUED INTERNET VCLLJrfPR'( XIOSX FEE ClJNT, TOTRL GRAm TOTAL ,\ i2/i3/Cc 5iJ,CiJ 5 503. ill FLCRICR TRAILER REGISTRATION CRTE ISSUED: 12/13/C6 DL~: - TRG": C7168Z DECRL":, EXp: I I VIN: lLH17F.UH5N10C6236 TC:63577297 YR/MK:1992 LNDL . cf r h~ t ~Jt) { ( LEASE TRACK INC CIO FAMILY LEASING & INVESTMENT CORP 2418 N MIAMI AVE MIAMI, FL 33127 : ,..: I I . L#:613788 V T#: 480123608 8#:522046 R#:480123608 , , , ... .,.-",* ~ .,j.. ~... ~ ...., ." : . . . . . . . . . . . . . . . . . . . . . . . . Ie e e e Ie I. Ie I. . . e Ie Ie Ie 'e e l- Ie I ,e ::fI- 30 LEASE AGREEMENT LESSEE ~N\O....<U10 ~~~N<:' e.o, '2~ a.. C>? It Q }-.:). ~ I ~,-,-" ~\J <Z ~~~~ ,rL- ?:> 2, l2-=J. LEASE NUMBER I-At--\\' L'( LEAS,'^,'" t ::r-NV.....~I~"-{~N' ~(l..(). ;2..D Co (:) I\J E \ 2-0 Q'V. tv, \-{ fCl..H.~ !\0.s \ ~{-L 33\ 81- FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL #, CATALOG #, SERIAL # OR OTHER IDENTIFICATION E Q UL IE FA MS EE ND T -""fO~ \::) 7-0016. JIN -#- IFbXF~b?3bC~54SI~. EQillPMENT LOCATION IF DIFFERENT STREET ADDRESS ~~l~ to. lv\il\l^"i ~. CITY 0, A"MI COUNTY "l)~ STATE~ ZIP '3 ~ 1.;2. 7 ~ TERMS: AMOUNT OF EACH PAYMENT (PLUS SALES TAX IF APPLICABLE) MONTHLY TERM OF LEASE NO. OF PAYMENTS ECIFY (NO. OF MONTHS) DEPOSIT SECURITY 60 l-{ovTflS. TERt'\1S AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any replacement parts, additions, repairs or accessoric:s now or hereafter incorporated in or affixed to it (hereinafter referred to as the "Equipment"). 2. ACCEPTANCE OF EQillPMENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice. as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insert in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAIMER OF WARRANTIES AND CLAIMS: LIMITATION OF REMEDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQUI;PMENT, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or . . . . . . . . . . . . . . . . . . . . . . . . . I. i. ,. . I. I. I. . . . . . I. I. . . I. n agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HA VE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. ST A TUfORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory fmance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor lias not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MAY HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COl\-'IMENCEMEr'Io'T; RENTAL PAYMENTS; INTERIM RENTALS, This lease shall commence upon the wrinen acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the first payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shan have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, ORAGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, EROKER OR AGENT OF ANY BROKER OR SUPPLIER, SHALL IN ANY WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7. CHOICE OF LA\V. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shan be made in the performance of any of Lessee's obligations under this Lease. Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the fun amount set forth above. On the expiration or earlier t~rmination or cancenation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully performed an other provisions of this Lease, Lessor will return to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIl\1ITED PREARRANGED AIHEI'.'DMENTS; SPECIFIC POWER OF A TIORNEY. In the event it is necessary to amend . . ,') o ) . . () (8 . . . . . . . . . . . . . . . . . . . . . . . . () . o o . . . . . . the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's acrual cost of procuring the Equipment, or (b) Lessor's acrual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. 12. OWNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in the Equipment except as expressly set forth in this Lease. The Equipment shail remain personal property even though installed in or attached to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has DO option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall rerum the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENEWAL. At the expiration of the Lease, Lessee shall rerum the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee rerums the Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under "Amount of Each Payment," above. 15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may part of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (H) the accelerated balance of the total amounts due for the remaining term of this Lease attributlble to said item, discounted to present value at a discount rate of 9 % as of the date ofloss; and; (Hi) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9%, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and mainrnin insurance against loss, theft, damage or destruction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a certificate of insurance from the insurer, which certificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascenain the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's periodic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes Oocal, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental. sale, purchase, possession, or use of the Equipment. excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17. INDEMNITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive the expiration, cancellation, or termination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMEI','T BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment '1:1f this Lease by Lessor, and shall nOl assert against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal representatives, survivors, successors in interest, and assigns of the parties hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment requireciby this Lease within ten (10) days of the due . . . () . . . . (t . . . . . . . . e . e . e . e . . . . e . . 'e I. . () Ie 1(1 !() . . . e 3 ....... date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due: provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any acrual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18% per annum. 20. TIME OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective perfonnance. 21. DEFAULT. Lessee shall be in default if: (a) Lessee shall fail to make any payment due under the tenns of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perfonn any provision of this Lease, and sllch failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or perfonnance of this Lease; or (d) The Equipment or any part thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale without prior written consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of Lessor; or (e) Lessee dies or ceases to exist; or . (I) Lessee defaults on any othe~ agreement it has with Lesso~; or of default occ:.!. with respect to any guarJIllOr or any such guarantor flies or has filed against it a petition under the bankruptcy laws. 22. REMEDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any court order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constirute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to rerum the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or tenninate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party, upon such terms and conditions as Lessor alone shall detennine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (f) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated furure payments due under this Lease, discounted to their present value at a discount rate of 9% as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9 % as of the date of default, less the net proceeds of disposition, if any, of the Equipment: (g) To pursue any other remedy available at law, by starue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided. or pennitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by starute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23. l\1UL TIPLE LESSEES. Lessor may, with the consent of any one of the Lessees hereunder, modify, extend, or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEl\IEJI.'T. In the event of any legal action with respect to this Lease, the prevailing party in any such action shall be entitled to reasonable artoraey fees, including attorney fees incurred at the triai level, including action in bankruptcy court, on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS; NO WAIVER. This insnument constiMes the entire agreement between Lessor and Lessee. No provision of this Lease shall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY. This Lease is intended to constilUte a valid and enforceable legal insnument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. AS TO: Date ~j:'( r;, I ;;JrJ2)(p Date ~C):t. . . . . ft . . . . . . . . . () I() ,e Ie Ie Ie e . .. Ie I() Ie I. Ie !e Ie Ie . Ie Ie e I() (t () :e 'e e let . =#tts- LEASE AGREEMENT LESSEE ~rJ"'\O~N \ou..J~/VG <20 ZYl S ;U.. Kf~? ~06' '1-{ ~ ~'J..? t '--t-L 3'b{ 2-:r LEASE NUMBER " t-AJ..{~ (.,1 LufJ,-Y( tJe; l' :r-UUJ$irld'AJ\ ?.0 6 0 N G 12..0 a..t:>. f.,j. 'H.~c>u.'C bQ.~l <\-'L ~~I'BI (0rz-o FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL It, CATALOG It, SERIAL It OR OTHER IDENTIFICATION E Q UL IE PA MS EE ND T -=F~ I1.D . ;2 OfP{o UrN tI- \ FDXf 4 (pf'7IoEJ) (05 Y05 EQUIPMENT \ I ~ I f\ . _ LOCATION IF ST~E1j ADDRESS .;z41~ ~ ~ f11^€. DIFFERENT CITY _~tvm.. COUNTY D STATE, ZIP '331;:2-, \5W.:; I 0 It TERMS: AMOUNT OF EACH PAYMENT (PLUS SALES TAX IF APPLICABLE) TERM OF LEASE NO. OF PAYMENTS IFY (NO. OF MONTHS) DEPOSIT SECURITY ~ \ \.pt)5. ~ [;/0 ~OrJ~kS. TERMS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any repiacement parts, additions, repairs or accessories now or hereafter incorporated in or affixed to it (hereinafter referred to as the "Equipment"). 2. ACCEPTANCE OF EQUIPlVIENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice. as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insert in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAIMER OF WARRANTIES Al\T}) CLAIMS: LIMITATION OF REMEDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQU~MENT, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO A~"Y CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or . . . . (t . . . . . . . . . . . . () . . . . . . I: ,- '. I. .. . . . . I. Ie I~ Ie . . . () . -- agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HAVE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory fmance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MA Y HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRIITEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COl'vIMENCEMENT; RENTAL PAYMENTS; INTERIM RENTALS. This lease shall commence upon the wrinen acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the first payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCEl.:ABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TER.t\1S AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, OR AGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MAITER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, EROKER OR AGENT OF ANY BROKER OR SUPPLIER, SHALL IN ANY WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7. CHOICE OF LAW. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action. suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby. Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shall be made in the performance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully performed all other provisions of this Lease, Lessor will return to the Lessee any then remaining balance of said security deposit. without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIMITED PREARRANGED Al'vffiNDl\1ENTS; SPECIFIC POWER OF ATTORNEY. In the event it is necessary to amend . . . . - . - . . I- I. I. I. '. I. I. . () . . . . i. Ie Ie I. -. I. ,e ,- -. . - . l- Ie I- I. . e " o . the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. 12. OWNERSHIP, PERSONALITY. The Equipment is, and shall remain, ilie property of Lessor, and Lessee shali 'hav~ no right, title, or interest in the Equipment except as expressly set forth in this Lease. The Equipment shaH remain personal property even though installed in or attached to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENEWAL. At the expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under. Amount of Each Payment, . above. 15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may part of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9 % as of the date of loss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9 %, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and mainmin insurance against loss, theft, damage or destruction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior wrinen notice to Lessor. As to each policy Lessee shall furnish to Lessor a certificate of insurance from the insurer, which certificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascertain the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's periodic payments. such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership. leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shaH repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17. INDEI\1NITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive the expiration, cancellation, or termination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMENT BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment ~f this Lease by Lessor, and shall not assert against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal representatives, survivors, successors in interest, and assigns of the parries hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due . . . . . . . . . . . . . . . I. . I. I. I- I. I. '. - . . . '. . . . . . . ,. '. .. . . . . . . date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18% per annum. 20. TIME OF ESSENCE. Time is of the essence of this Lease. and this provision shaH not be impliedly waived by the acceptance on occasion of late or defective performance. 21. DEFAULT. Lessee shall be in default if: (a) Lessee shaH fail to make any payment due under the terms of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perform any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any part thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale without prior wrinen consent of Lessor, or if Lessee shaH abandon the Equipment or any other entity or person to use the Equipment without the prior wrinen consent of Lessor; or (e) Lessee dies or ceases to exist; or . (t) Lessee defaults on any othe~ agreement it has with Lessor; or of default occ:J. with respect to any guarJ.ntor or any such guarantor fLIes or has filed against it a petition under the bankruptcy laws. 22. REl\1EDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any court order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party, upon such terms and conditions as Lessor alone shall determine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (f) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9 % as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law , by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided. or permined, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23. MULTIPLE LESSEES. Lessor may, with the consent of any one of the Lessees hereunder, modify, extend, or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving. or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severaHy responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEMEl'.'T. In the event of any legal action with respect to this Lease, the prevailing party in any such action shall be entitled to reasonable anoriley fees, including attorney fees incurred at tIle trial level, including action in bankruptcy court, on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS; NO WAIVER. This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease shall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY. This Lease is intended to constitute a valid and enforceable legal instrument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. AS TO: ~ \ '--. . ~/ "', Date W lLf~ LSSEE . ~ d/ tJ4/ Date~Y ,. . . . . . . . ,e () . . . Ie Ie I .e . . I. ,e I. . . . Ie e '. '. .. e ,e . .e . I. . . Ie . . . e . . :# 5~ LEASE AGREEMENT LESSEE J.:x,U,) N ~uJ JJ ""\' OJ....;; t,,(;;, eo, :2 ~ \ <0 N. ~ r.::,. ~"':? A0 ~ \i~~\-t~, T L. 3'0 i 2-=t-, LEASE NUMBER ~~f L'l LEA <;;fNG <[ -:2f)fCJO {\:Jf: t 2D 10. \-i ~~K ~ b Q h, -:;:-L- R"0. '2> '0 I 81 -:s:./\J V \:.~ I-( GtJI 0:Ja.p> . FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL d, CATALOG d, SERIAL d OR OTHER IDENTIFICATION E -rD(2..{) 9-Do6 3L V~lJ 71- \ FJ))(.,"FLtb 7-=t6 E c Lib 86 2 IE PA !\IS EE ND T EQUIPMENT LOCATION IF DIFFERENT 5l7O. ~ TERMS: AMOUNT OF EACH PAYMENT (PLUS SALES TAX IF APPLICABLE) MONTHLY ERM OF LEASE NO. OF PAYMENTS IFY (NO. OF MONTHS) DEPOSIT SECURITY dPl~05. ,. bO \-{00THS. TERi\1S AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any repiacemem parts, additions, repairs or accessoric::s now or hereafter incorporated in or affixed to it (hereinafter refc::rred to as the "Equipment"). 2. ACCEPTANCE OF EQUlPl'vIENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice. as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insert in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAIMER OF WARRANTIES AND CLAIMS: LIMITATION OF REMEDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or . . . . . . '. . ,e I. :e I. .. !. :e I. I. . . . I. ,e I. Ie Ie 'e I. Ie 'e e . 'e . .e . '. I. . . . . e . agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HA VE NO REMEDY FOR CONSEQUENTAL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory fmance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equiptpent. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MA Y HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRITIEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COl'YIMENCEME~'T; RENTAL PAYMENTS; INTERIM RENTALS. This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the first payment. Interim rent shall be in an amount equal to I/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the tenns stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TER1'vfS AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, ORAGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MA TIER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, BROY.ER OR AGENT OF ANY BROKER OR SUPPLIER, SHALL IN Aj,y WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7. CHOICE OF LA "V. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby. Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shall be made in the performance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully performl:d all other provisions of this Lease, Lessor will return to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIl'YllTED PREARRANGED AMEl\'DMEl'.'TSj SPECIFIC POWER OF AITORNEY. In the event it is necessary to amend . . . . . . '. . Ie I- le . . . . . . . I. !. :. I. . . . . . . . . I. . .. . . I. . I. . . . . I- the tenns of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Unifonn Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any insnument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent._ 12. OWNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in the Equipment except as expressly set forth in t.iis Lease. The Equipment shall remain personal property even though installed in or attached to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14, RENE\V AL. At the expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under "Amount of Each Payment." above. 15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or desnuction of the Equipment from any cause whatsoever, and no loss, theft, damage or desnuction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may part of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining tenn of this Lease attributable to said item, discounted to present value at a discount rate of 9 % as of the date of loss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9%, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining tenn of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and mainmin insurance against loss, theft, damage or desnuction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a certificate of insurance from the insurer, which certificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascertain the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's periodic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17. Ir-..'DEIVINITY. Lessee shall indemnify Lessor against any claims, actions, damages. or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive the expiration, cancellation, or tennination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMEl'<l BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment ~f this Lease by Lessor, and shall not assert against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs. devises, personal representatives. survivors, successors in interest, and assigns of the parties hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due . e . . . . . . . . I. I. ,e '. ie '. !. e ,. e . Ie I: I- .e j. .. .. ,. !. I. I. '. I. I. I. 'e 'e ,. . . . date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18% per annum. 20. TIME OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective perfonnance. 21. DEFAULT, Lessee shall be in default if: (a) Lessee shall fail to make any payment due under the tenns of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perfonn any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or perfonnance of this Lease; or (d) The Equipment or any part thereof shall be subject to any lien, levy, seizure, assignment, transfer. bulk transfer, encumbrance, application, attachment, execution, sublease, or sale without prior written consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of Lessor; or (e) Lessee dies or ceases to exist; or . (I) Lessee defaults on any ot.'le~ agrcement it has with Lessor; or of default occ:!. Wi~l respect :0 any guar'ollltor or any such guarantor flies or has filed against it a petition under the bankruptcy laws. 22. REI\1EDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any court order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a tennination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it. packed and ready for shipment. to such place or carrier as Lessor may specify; (c) Lessor may cancel or tenninate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment. without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party. upon such terms and conditions as Lessor alone shall determine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (f) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default. plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment. reduced to present value at a discount rate of 9 % as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided. or pennitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23. l\1ULTIPLE LESSEES. Lessor may. with the consent of any one of the Lessees hereunder, modify, extend, or change any of the tenns hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEI\1EJ\'T. In the event of any legal action with respect to this Lease, the prevailing party in any such action shall be entitled to reasonable attori1ey fees, including attorney fees incurred at the trial level, including action in bankruptcy court. on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEI\1ENT; NO ORAL MODIFICATIONS; NO WAIVER. This insoument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease shall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY. This Lease is intended to constitute a valid and enforceable legal insoument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. AS TO: lL \. Date ~ If G6 . I. '. I. . I. . . ,. . . . . . . . . '. . . ,. I. I. I. Ie .. !. I. I. . . . ;.. '. I. I. I I. '. ,. . . . . ;:ft- 6 'J LEASE AGREEMENT LESSEE ~N~I..llJr-.:>\O""A.:/~N(:' W. 2.l{ lB tv, ~'f~~ A...O& '\~~ ~L 3"2, l2:}.. ( LEASE NUMBER ~~L\( LfAst.N ~ ~ ""IN U~\ K.x-A)'\ C?oC2-P. 2.0 co 0 r0~ \'"2..0 4"2-D. t\:). 'I-\~ ,.~,...(? (bQ h, \-L ? ~ (B t. FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) JOINTLY AND SEVERALLY RESPONSIBLE QUANTITY DESCRIPTION, MODEL d, CATALOG d, SERIAL d OR OTHER IDENTIFICATION E t=OILD. Q.006. Q ~EL J~f\J I/- IF]),>\ F46~Ljbe]) 288cO PA !\IS EE ND T STREET ADDRESS ,;,<41~ ~~ ~ ~. CITY ~ l~ COUNTy:J) " STATE . ZIP "3"2> 1;;;;1.; . e ~ TERMS: AMOUNT OF EACH PAYMENT MONTHL TERM OF LEASE NO. OF PAYMENTS (PLUS SALES TAX IF APPLICABLE) SPECIFY (NO. OF MONTHS) DEPOSIT SECURITY ~ 1100'?.'''' 60 }(OViHS TERMS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any replacement part~, addition~, repairs or accessoril:s now or hereafter incorpurated in or affixed LO it (hereinafter referred to as the "Equipment"). 2. ACCEPTANCE OF EQUIPMENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice. as provided by Lessor. after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insert in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAIMER OF WARRANTIES AND CLAIMS: LIMITATION OF REMEDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQU~MENT, ITS MERCHANTABll.ITY, ITS FITNESS OR SUITABll.ITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. Cc) Lessee leases the Equipment "as is" and with all faults; Cd) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or . . '. . ,. I. '. !. I. '. ,. I. I. '. '. I. '. . . . . . . . ,. I. I. . . . '. . . . . . . . I. I. ,. I. '. , agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HAVE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory flllance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MAY HAVE RlGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COl'vThIENCEMENTj RENTAL PAYMENTSj INTERIM RENTALS. This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the first payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between conunencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Less'ee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCnABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, OR AGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MAITER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, BROYJOR OR AGENT OF ANY BROKER OR SUPPLIER, SHALL IN Al';Y WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7. CHOICE OF LA\V. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's prin~ipal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shall be made in the perfonnance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully performed all other provisions of this Lease, Lessor will return to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be eommingled with Lessor's other funds. 9. LIMITED PREARRANGED Al\IEl\'DMENTSj SPECIFIC POWER OF ATTORNEY. In the event it is necessary to amend . - - ,- e e e . e . I: '. e . 'e . . I. i. I. I. I. Ie I: e e ,e ~e !e ie . . I. e . . e . . e '. the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and me on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. ._ 12. OWNERSHIP, PERSONALITY. The Equipment is, and shaU remain, the property of Lessor, and Lessee shali have no right, title, or interest in the Equipment except as expressiy set forth in this Lease. The Equipment shaH remain personal property even though installed in or attached to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENEWAL. At the expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shaU pay to Lessor rentals in the same periodic amounts indicated under' Amount of Each Payment, . above. 15. LOSS AND DAMAGE. Lessee shaU at aU times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may part of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the foUowing: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the foUowing: (i) aU amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9 % as of the date of loss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of9%, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shaU go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and mainmin insurance against loss, theft, damage or destruction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and aU loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a certificate of insurance from the insurer, which certificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascertain the e;dstence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's peri€ldic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of aU levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, aU taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right. but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17. INDEMNITY. Lessee shaU indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive the expiration, canceUation, or tennination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMENT BY LESSOR. Any assignee of Lessor shaU have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment b.f this Lease by Lessor, and shall not assert against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal representatives, survivors, successors in interest, and assigns of the parties hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due . . . . . . . . . . . . . . . . . . '. ,. I. ,. I. !. . . I. I. .. '. . . . . . . . . . . . . '. I date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided. however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18 % per annum. 20. TIl\1E OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective performance. 21. DEFAULT. Lessee shall be in default if: (a) Lessee shall fail to make any payment due under the terms of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perform any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any part thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale without prior wrinen consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior wrinen consent of Lessor; or (e) Lessee dies or ceases to exist; or ({) Lessee def:lUlts on any mile: agreement it has with Lesso:; or of default occ:!. with respect to any guarantor or any such guarantor fLIes or has f1!ed against it a petition under the bankruptcy laws. 22. REMEDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any court order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party, upon such terms and conditions as Lessor alone shall detennine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (f) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9 % as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided. or permitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23. MULTIPLE LESSEES. Lessor may, with the consent of anyone of the Lessees hereunder, modify, extend. or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEMEI'.'T. In the event of any legal action with respect to this Lease, the prevailing party in any such action shall be entitled to reasonable anoriley fees, including anorney fees incurred at the triai level, including action in bankruptcy court, on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS; NO WAIVER. This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease sball be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any otller instance. 26. SEVERABILITY. This Lease is intended to constitute a valid and enforceable legal instrument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. Date ~l~, (;<(1,,;)1JD0 " Date /zJA/ 11 rYCXJC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . I. #:;EJ LEASE AGREEMENT LESSEE J:)OLUN\DWN tQu..,,~(, <20. :z Ll \ e N. ~fA.I-(r AVo t-UQ.t-\~ I l-L.. 36 i 21. LEASE NUMllER L ~ ' u:=s M -=v-J - Coa...P. --rAH.fL\/ L-"'.c.,.SitJ~. t ~tJ L-Tt l;- \ 2060 rv ~ l:;tO fL~ 1\J.'K.~~~~Q...h, -t-L ~?:>l8(. FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL #, CATALOG #, SERIAL # OR OTlIER IDENTIFICATION E "fua.. \:) '2.00 6 . 3L U~rJ -=II- IF:DX.\-LJbRi-8E.bO~L24. IE PA I\1S EE ND T EQUIPMENT I J \ 1 ,\ LOCATIONIF STRE,ET,ADDRESs;24tg \\JO(<{"It\ lJUtvtNil ~. DIFFERENT, CITY \\./U'Ov\iVi. COUN~~ STATE~ ZIP ~~ 1.;;2{ 15ro.~ -(~ II{K. fI ___ TERMS: AMOUNT OF EACH PAYMENT /("MONTHL Y -, TERM OF LEASE NO. OF PAYMENTS (PLUS SALES TAX IF APPLICABLE) ~CIFY (NO. OF MONTHS) DEPOSIT SECURlTY ---1lli8~ Go t-{00 T H <;. TERi\IS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any replacement pans, additions, repairs or accessories now or hereafter incorpurated in or affixed LO it (hereinaf,er n::ferred to as the "Equipment"). 2. ACCEIYfANCE OF EQUIPMENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lesse.: notice, as provided by Lessor, after the Equipm.:nt has been delivered and after Lessee is satisti.:d that the Equipm.:nt is satisfactory in .:very resp.:ct. L.:ssee hereby authorizes Lessor to insert in this Lease s.:rial numbers or other identifying data with respect to th.: Equipment. 3. DISCLAIMER OF WARRANTIES AND CLAIMS: LIl\JITATION OF REl\IEDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agre.:s by his signature bdow as follows: (~! LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQWPMENT. ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIG'N, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully if\spected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; ';. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specitically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or ,. () . . (t () . o . . ,.() I. '. '. a . () . () . . . . . . . . . . . . I. I~ () '() ,. I() . 'ct . J a J agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (I) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HA VE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parries have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory finance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MA Y HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROI-IIBlTED. WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COl\-IMENCEMENTj RENTAL PA YMENTSj INTERIM RENTALS. This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the first payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between conunencement of the Lease and the due date of the first payment. The payment of interim n:nt shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the tenus stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, OR AGENT OF ANY BROKER OR SUPPLIER. IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHOIUZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, NOR ANY SALES/>.IAN, BROKER OR AGENT OF ANY BROKER OR SUPPliER, SHALL IN ANY WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7. CHOICE OF LAW. This lease shall not be effective until signed by Lessor at its principal om.:e listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the statc of Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease. in the event of any legal such action with regard to this lease or the equipment coven:d hereby. Lessee agrees that venue may be laid in th~ County of Lessor's principal place of business. 8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shall be made in the perfonnance of any of Lessee's obligations under this Lease. Lessor shall have the right, but shall not be obligated. to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease. or an)' extension or renewal hereof. provided Lessee has paid all of the rent called for and fully performed all other provisions of this Lease, Lessor will n:turn to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIl\HTED PREARRANGED AMENDMENTSj SPECIFIC POWER OF ATTORNEY. In the event it is necessary to amend . . ~ . ct . '. '() . (l I. .. . I. j. ,() () () . . I{) e . Ie Ie :. e e . '. e e I; I() !e !() .e e e Ie () '. - lIle terms of lIlis Lease to reflect a change in one or more of !he following conditions: (a) Lessor's actual cost of procuring lIle Equipment, or (b) Lessor's actual cost of providing lIle Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of lIle Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless willlin 15 days after lIle date of such lettcr, Lessee objects in writing to Lessor, lIlis Lease shall be deemed amended and such amendments shall be incorporated in lIlis Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering lIle Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed willlout Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. . 12. O\VNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in the Equipment except as expressly set forth in lIlis Lease. The Equipment shail remain personal property even lIlough ins tailed in or attached to real property. 13. SURRENDER. By tllis Lease, Lessee acquires no ownership rights in tile Equipment, and has no option to purchase same, Upon the expiration, or earlier ternlination or cancellation of lIlis Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return lIle Equipment in good repair, ordinary wear and tear resulting from proper use lIlereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENE\V AL. At lIle expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-monlll basis until thirty (30) days after Lessee returns the Equipment to Lessor. Inllle event the Lease is so continued, Lessee shall pay to Lessor rentals in lIle same periodic amounts indicated under "Amount of Each Payment," above. 15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear lIle entire risk of loss, tlleft, damage or destruction of tile Equipment from any cause whatsoever, and no loss, theft, damage or destruction of tile Equipment shall relieve Lessee of tile obligation to pay rent or to comply shall immediately place lIle same in good repair at Lessee's expense. If Lessor determines lIlat may part of tile Equipme:nt is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace tile same witll like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash tile following: (i) all amounts due by Lessee to Lessor under lIlis Lease up to the date of the loss; (ii) tile accelerated balance of tile total amounts due for lIle remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9 % as of lIle date of loss; and; (iii) lIle Lessor's estimate as of lIle time this Lease was entered into of Lessor's residual interest in lIle Equipment discounted to present value at a discount rate of9%, as of lIle date of loss. Upon Lessor's receipt of payment as set forlll above, Lessee shall be entitled to title of lIle Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of lIle Equipment for lIle remaining term of lIle lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and maintain insurance against loss, theft, damage or destruction of the: Equipment in an amount not less lIlan the full replacement value of tile Equipment, willl loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, willl a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, eilller to persons or property or olllerwise, which might result from or happen in connection with the condition. use, or operation of the Equipment. willl such limits and willl an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without tllirty (30) days prior wrillen notice to Lessor. As to each policy Lessee shall furnish to Lessor a certificate of insurance from lIle insurer, which certificate shall evide:nce the insurance coverage required by this paragraph. Lessor shall have: no obligation to ascertain the: existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have lIle right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's per~odic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated willl such insurance. Lessee shall keep lIle Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon tile ownership, leasing, rental, sale, purchase, possession, or use of lIle Equipment, excluding. however. all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In lIlat event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor lIle cost thereof willlin fifteen (15) days after such notice is mailed to Lessee. 17. IJ'It'DEMNITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or cOllllected with Equipment, without limitation. Such indemnification shall survive the expiration, cancellation, or termination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMENT BY LESSOR. Any assignee of Lessor shall have all of tile rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment lilf this Lease by Lessor, and shall not assert against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benetit of ami is bringing upon the heirs, devises. personal representatives, survivors, successors in interest, and assigns of the parties hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due . . . I. Ie o . () .(1 . . Ie .e () '. I. . 1<1 .e !. 'e . ,. '. Ie I. . . . . .. . () (t () . () . ,- . . . . date thereof. Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not linlited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maxinlUm rate of interest allowed by law or 18% per al1l1um. 20. TIl\-IE OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective perfonnance. 21. DEFAULT, Lessee shall be in default if: (a) Lessee shall fail to make any payment due under the terms of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perfonn any provision of this Lease. and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any part thereof shall be subject to any lien, levy. seizure, assignment, transfer, bulk transfer. encumbrance, application, attachment, execution, subkase, or sale without prior written consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of Lessor; or (e) Lessee dies or ceases to exist; or (f) Lessee defaults on any other agrcement it has with Les:;or; or of dt:fault occ:J. with respect to any guarantor or any such guarantor tiks or has filed against it a petition under the bankruptcy laws. 22. REl\-1EDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and witllout any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and WitllOut any court order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense. to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it. packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may retain any and all prior payments paid by Lessee; Cd) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party, upon such terms and conditions as Lessor alone shall detennine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be tile purchaser; (I) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease tllen accrued. all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9% as of tile date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any otller remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any otller right or remedy herein. or by law or by equity provided. or permitted. but each shall be cumulative of every otller right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any otller or further exercise of any other right or remedy. 23. MULTIPLE LESSEES. Lessor may, with tile consent of any one of the Lessees hereunder, modify, extend. or change any of tile terms hereof witllOut consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against tile others. Lessees and each of tllCm are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEl\lENT. In the event of any legal action with respect to this Lease, tile prevailing pany in any such action shall be entitled to reasonabie attori1ey fees, including attorney fees incurred at the trial level, including action in bankruptcy coun, on appeal or review. or incurred without action, suits. or proceedings, together Witll all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS; NO WAIVER. This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease 9llall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any otller instance. 26. SEVERABILITY. This Lease is intended to constitute a valid and enforceable legal instrument and no provision of tllis Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. AS TO: ate~ \. Date~ . - . . I. . · LESSEE. Co .. ,=:DOWYlTCx;Jtl \DWl'nd . . ~ l.{ 18 \\)t>c4~ U IC\.vY1 j ~. · ~...,t~W\ ,'" R.- 33 \ d-{ . I I .. FULL LEGAL NAME AND ADDRESS OF LESSEE Ie . Ie) · Q~ANTITY . .E Q eUL IE I O;!~ IOEE ND Or Q EQUIPMENT \ fJ ~ 0 t1_ . LOCATION II< ST ..E~ ADDR~SS dHJl? \0o~\ ~~ AI/Vl~ I:t-r-e p . DIFFE~~ CITY t~ j COUNTY~p~ STATE i=e ZIP 3..3 ra, ~'2>b ,~~ ~ I (iER1\1S: AMOUNT OF EACH PAYMENT I c3LUS SALES TAX IF APPLIC~LE) I Q iii 13"11. !!fi! ~ ~6 I 0 TERlHS AND CONDITIONS OF LEASE I 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together I Cith any repiacemcm parts, additions, repairs cr ace~ssori(;:; now or bereafter incorporated in or affixed to it Ol~rcinafLCr referred ~ (j as the "Equipment"). _ . I A ACCEPTANCE OF EQUIPlYIENT: Lessee agrees [0 inspect the Equipment and to execute an Aeknowledgemenl and Acceptance of \..,fuipmem by Lessee notice, as provided by Lessor, after the EquipmcDl lIas been delivered and after Lessee is satisfied UIJt ule EquipmeDl I nJtisf~ctory in every respect Lessee hereby authorizes Lessor to insert in Ujjs Lease serial numbers or oUler idemifying da[;l with respect 10 I ~,.; EqlllpmeDl. · ~ DISCLAIMER OF WARRANTIES AND CLAlJIIS, LL\lITATION OF REMEDIES. TIlEI<E ARE NO CARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (::<a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE ~UlPMENT, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS I .SIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO A1'l"Y CHARACTERISTICS OF THE EQUIPMENT; , O(b) Lessee has fully inspected the Equipment which it has requcsted Lessor to acquire and leas~ to Lessee, and the Equipment I ...n good condition and to Lessee's complete satisfaction; \. ' Cc) Lessee leases tlle Equipment "as'is" and Witll all faults; I Oed) Lessee specifically acknowledges tllat the. Equipmcnt is leased 10 Lessee solely for commercial or business purposes and I for personal, family, household, or . . . LEASE AGREEMENT LEASE NU1'YIDER --r-, I t , ~ fV1', ~ ~ L~s ;,,,& <fJ-t'I W-6 -r m ......:1; d-00(J NE \;d.O rd.. \(Jo ~\AVt-1.'IJ Q 33 I ~ I SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) JOTNTL Y AND SEVERALLY RESPONSIBLE DESClUl'1'ION, MODEL #, CATALOG It, SERIAL It OR OTIIER IDElWll'ICATlON .d-008 ~ !-d. -r-, \ \=1)'1 F ~ 61\71)[ L 'l ,8 L\3~ \Jin * SECURITY . I~ H_$S: eo, f'- . . . . . . . (t . . . . . . () . . ,. 'e . . :. Ie '. . '. '. . '. '. I ,. I. . . ,() . . (). . . a . e agricultural purposes; (e) If the Equipment is not properly inst.1J1ed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HA VE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory fmance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledgcs and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor lias not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT !viA Y HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COl'vIMENCEl\1ENT; RENTAL PAYMENTS; INTERIM RENTALS. This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set fonh in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the first payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the Dumber of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCEL:ABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TER.'vfS AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, ORAGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, EROF'..ER OR AGENT OF ANY BROKER OR SUPPLIER, SHALL IN At.;y \VA Y AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFOR!vf LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7. CHOICE OF LA 'W. This lease shall not be effective; until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state or Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state or Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business. S. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any e~tension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as ,.Security Deposit.. In the event any default shall be made in the performance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall not be obligated, to apply the security deposit [0 the curing of such derault. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease, or any e~tension or renewal hereof, provided Lessee has paid all of the rent called for and fully performed all other provisions or this Lease, Lessor will rerum 10 the Lessee any then remaining balance of said security deposit. without inlerest. Said security deposit may be commingled with Lessor's other funds. 9. LIlVIITED PREARR>\NGED Al\lliNDlYmr-.7S; SPECIFIC POWER OF A TTOR.J"ffiY. In the event il is necessary to amend . . . . . . . C) . I. . I. . . . . '. .. '. .. '. . . . . . . . . . I. I. . . . . . . . . . I- I- the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (I) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. .' 12. O'VNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in the Equipment except :is expressly set forth in Liis Lease. The Equipment shail remain personal property even though installed in or att;lched to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier tennination or cancellation of this Lease, or in the event of a default under Paragraph 21. hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted. by delivering it, packed and ready for shipment, to such place or carrier as Lessor may speciry. 14. RENE'V AL. At the expiration of tlle Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In tlle event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under .Amount of Each Payment,. above. 15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss. theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may part of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9% as of the date ofloss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9%, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and mainmin insurance against loss, theft, damage or destruction of the Equipment in an amount not less tllan the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a certificate of insurance from the insurer, which certificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascertain the exislence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee rails to provide such insurance, Lessor wiII have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's periodic payments, such increase being attributed to Lessor's costs or obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails 10 pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost tllereof witllin fifteen (15) days after such notice is mailed to Lessee. 17.I1',1J)EMNITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive the expiration. cancellation. or tennination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. IS. ASSIGNMENT BY LESSOR. Any assignee or Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment'1:1f this Lease by Lessor, and shall not assert against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal, representatives, survivors, successors in interest, and assigns of the parties hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due . . . . . . . . . . . . . . ,e ,e I. . I. I. . .. . . . . I. 'e '. e . . .. . 'e et . () . I. . . .. date thereof. Lessee shall pay to Lessor a service charge of 8 % or the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thiny (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts. including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor inlerest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18 % per annum. 20. TIME OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective perfonnance. 21. DEFAULT. Lessee shall be in default if: (a) Lessee shall fail [0 make any payment due under the terms of this Lease for a period of ten (10) days from the due dale thereof; or (b) Lessee shall fail to observe, keep. or perfonn any provision of this Lease. and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or perfonnance of this Lease; or (d) The Equipment or any pan thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance. application, attachment, execution, sublease, or sale without prior written consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of lissor; or (e) Lessee dies or ceases 10 exist; or (I) Lessee def~ults on any othe~ agreement it has with Les:;or; or of default occ:!. Wi~l respect to any guarantor or any such guarantor fLIes or has filed against it a petition under the bankruptcy laws. 22. REl\1EDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separalely, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any court order or other process law may repossess and remove the Equipment, or render the Equipment unusable witllOut removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry. removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or ternlinate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and 10 become due under this Lease inunediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party, upon such tenns and conditions as Lessor alone shall delennine, or may sell tile Equipment, without notice 10 Lessee, at private or public sale, at which sale Lessor may be the purchaser; (f) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in tile Equipment, reduced to present value at a discount rate of 9% as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided. or pennitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or pamal exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23. MULTIPLE LESSEES. Lessor may, witll the consent of any one of the Lessees hereunder, modify, extend, or change any of the lenns hereof without consent or knowledge of the others, without in any way releasing, waiving. or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. E),.,TENSE OF ENFORCElYlliNT. In the event of any legal action with respect to tllis Lease, the prevailing party in any such action shall be entitled to reasonable attorOley fees, including attorney rees incurred at the trial level, including action in bankruptcy court, on appeal or review. or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEMENTj NO ORAL l\-IODIFlCA TIONSj NO WAIVER. This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease shall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY. This Lease is intended to constitute a valid and enrorceable legal instrument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all or which shall remain in full force and effect. AS TO: Date Date y ~~-08 '. , . . . '. :. I.. I. ,. . .e . . . . I. . . . . . '. . . . . '. Ie ;. . . . . . ,e 'e () . . I. . . . 11- (u/. LEASE AGREE:MENT LESSEE .DOUJN'TIA-vN lOuJ~N\O ea. 2q l B N. ~"(~~M'? P>..0cS 'fi~~K.~ l T L 3'.:b) '2 +- LEASE NUMBER \ ..-'t-.~ 1--\.1\ ,-( Le:-p., SfNG::. r 1.DGo AJ~ IlO~_ '/J. \if~? 'P~Q. h, TL- ::::LNvv>'ST HeAl\ Qo(7../J. 36{6J FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUA.!'\'TITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL #, CATALOG #, SERIAL # OR OTHER IDENTIFICATION E Q UL IE PA MS EE ND T tuaD ;2..O0~ Uf0 7#- I F~ ~ P 5 b~ ::r~ E" tb8 2> l-=t-6. SECURITY ~o-m.~ W ~ TERMS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any replacement parts, additions, repairs ur accessorit:s now or hereafter incorpurated in or affixed to it (hereinafter referred to as the "Equipment"). 2. ACCEPTANCE OF EQUIPMENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice, as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insert in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAL'\1ER OF WARRANfIES AND CLAIMS: LIMITATION OF REMEDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQU~MENT, ITS MERCHANTABllJTY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESKiN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or . . . . 'e . . . . . e . . . . . . . e ,. Ie ~- I. Ie I. I. Ie 'e .. Ie . - '. . Ie , Ie I() . l- Ie . - . agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (1) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HAVE NO REMEDY FOR CONSEQUENTAL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory fmance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (I) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MAY HAVE R!GHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRITI'EN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COMMENCEMENT; RENTAL PAYMENTS; INTERIM RENTALS. This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the first payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TEIU,,!S AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES TUA T NO BROKER OR SUPPLIER, NOR ANY SALESIvlAN, BROKER, OR AGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATIER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, SHALL IN ANY WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7. CHOICE OF LAW. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby. Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shall be made in the performance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within IS days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully performed all other provisions of this Lease, Lessor will return to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIMITED PREARRANGED AMENDl'vIENTS; SPECIFIC POWER OF ATTORNEY. In the event it is necessary to amend . . . . . . . '. . .. . '. '. ,. .. ,. I. . . . . . . . . . . . . . . . I. . I. '. . ,e ,. '. I. . . - the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. ._ 12. O\VNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in the Equipment except as expressly set forth in this Lease. The Equipment shail remain personal property even though installed in or attached to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shaIl return the Equipment in good repair, ordinary wear and tear resulting from proper use thcreof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENEWAL. At the expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under "Amount of Each Payment, " above. 15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may part of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9 % as of the date of loss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of9%, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fuIly comply with this subparagraph, the balance of any such proceeds shaIl go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and maintain insurance against loss, theft, damage or destruction of the Equipment in an amount not less than the fuIl replacement value of the Equipment, with loss payable to Lessor. Lessee also shaIl provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior wrinen notice to Lessor. As to each policy Lessee shaIl furnish to Lessor a certificate of insurance from the insurer, which certificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascertain the e;dstence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's peritldic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shaIl repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17. INDEMNITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shaIl survive the expiration, cancellation, or tennination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMENT BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment 'Qf this Lease by Lessor, and shall not assert against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal representatives, survivors. successors in interest, and assigns of the parties hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due . . . . I. I. !. .e . .. . . . . Ie Ie !. .e I. I. I: I. I. '. . . . . . . e . . . . . . . . . . ^ date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18% per annum. 20. TIl\1E OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective performance. 21. DEFAULT, Lessee shall be in default if: (a) Lessee shall fail to make any payment due under the terms of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perform any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any part thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale without prior written consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of Lessor; or (e) Lessee dies or ceases to exist; or (t) Lessee defaults on any mIler agrcement it has with Les:;or; or of default occ:!. wit!! respect to any guarantor or any such guarantor fUes or has f11ed against it a petition under the bankruptcy laws. 22. REMEDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any court order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party, upon such terms and conditions as Lessor alone shall detennine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (f) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9 % as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided. or permitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23. IvIUL TIPLE LESSEES. Lessor may, with the consent of anyone of the Lessees hereunder, modify, extend, or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEMEl\'T. In the event of any legal action with respect to this Lease, the prevailing party in any such action shall be entitled to reasonable attoriley fees, including attorney fees incurred at l..'1e triai level, including action in bankruptcy court, on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS; NO WAIVER. This insoument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease sllall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY. This Lease is intended to constitute a valid and enforceable legal insoument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. AS TO: ~. ~;$~ LESS .:'01)3 ~/t/L.. Date~ . . . . . . '. '. . . . . . . . . . ,. . . l. I.. I. !. I. I. I. !. . . . . . . . . <t . . . . . . ::# 2<:2- . LEASE AGREEl\1ENT LESSEE " ~ 0 -UOv-JN~rV (oU-J\."-J(o <20. 24 \ <c 10, H..~r-:.k f 1\00.5 't\~I),.K~ t TL '3 =? 1'2 1- . LEASE NUMBER "FAHILy L6ASYN~ ~ -:5-NV\.~TH..sIJT :::z.o Go AJ lC l 2...0 (L;) . N. \-{~~\-I..? lb Q.h, U- '03 I 6[, Qo.....P. FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL #, CATALOG #, SERIAL # OR OTHER IDENTIFlCATION E Q UL IE PA MS EE ND T ro(l.~ '2DO~ lJ ~ 1J # 2> F R fV'X 6':3 (\J '-14. I) b q {; 8 tq I EQUIPMENT LOCATION IF DIFFERENT .~ ""\ ?D.." TERMS: AMOUNT OF EACH PAYMENT (PLUS SALES TAX IF APPLICABLE) Ui 'Pre. STAT~ ZIP j3/ ~/7 STREET ADDRESS ~41Y tJD~ CITY ~ \ <<'M'I COUNTyJ>~ ,MONTHLY TERM OF LEASE NO. OF PAYMENTS CIFY (NO. OF MONTHS) DEPOSIT SECURITY ~.w10.~ Go teOU~HS TERMS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any replacement parts, additions, repairs or accessories now or hereafter incorporated in or affixed IO it (hereinafter referred to as the "Equipment"). 2. ACCEPTANCE OF EQUlPl\tlENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice. as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insert in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAL\1ER OF WARRANTIES AND CLAIMS: LIMITATION OF REMEDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQU~MENT, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal. family, household, or I. I. '.. . . . . I. . . . . . . I. :. ,. .. . . ,. . . . . . . . . . . . . . . . . . . . . . .. agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HA VE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The panies have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory fmance lease under Article 2A of the Unifonn Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not panicipated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MAY HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COl'vIMENCEMENT; RENTAL PAYMENTS; INTERIM RENTALS. This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full perfonnance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the first payment. Interim rent shall be in an amount equal to 1I30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, ORAGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, SHALL IN ANY WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7. CHOICE OF LA \-V. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal plac; of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action. suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete perfonnance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as 'Security Deposit". In the event any default shall be made in the perfonnance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully perfon1\ed all other provisions of this Lease, Lessor will return to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIl\lITED PREARRANGED AMENDl'v1ENTS; SPECIFIC POWER OF ATTORNEY, In the event it is necessary to amend . . . . . . . . . . . . . . . . . . . I. I. . . I. I.. I. I. . . . . . . . . . (t . . . . .. . the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or . (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. 12. OWNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in the Equipment except as expressly set forth in this Lease. The Equipment shaH remain personal property even though installed in or attached to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENEWAL. At the expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under. Amount of Each Payment, . above. 15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall inunediately place the same in good repair at Lessee's expense. If Lessor determines that may pan of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9 % as of the date of loss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9%, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and maintain insurance against loss, theft, damage or destruction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a cenificate of insurance from the insurer, which cenificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascertain the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's periodic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17. INDEMNITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indenmification shall survive the expiration, cancellation, or termination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indenmification of Lessor. IS. ASSIGNMENT BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment ~f this Lease by Lessor, and shall not assert against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing. this Lease inures to the benefit of and is bringing upon the heirs, devises, personal, representatives, survivors, successors in interest, and assigns of the panies hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due . . . . . . . . . . . . . . . . . . . . . . I. I. I. I .. . . . e . Ie '. . .e ,e ,. I. I. I. I. e . date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall'pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18 % per annum. 20. TIME OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective performance. 21. DEFAULT. Lessee shall be in default if: (a) Lessee shall fail to make any payment due under the terms of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perform any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any part 'thereof shall be subject to any lien, levy, seizure, assignment, transfer. bulk transfer. encumbrance, application, attachment, execution, sublease, or sale without prior wrinen consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior wrinen consent of Lessor; or (e) Lessee dies or ceases to exist; or (I) Lessee defaults on any other agrcement it has with Les.or; or of dcfault occur with respect :0 any guarantor or any such guarantor tiles or has filed against it a petition under the bankruptcy laws. 22. REMEDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any court order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party, upon such teI1IlS and conditions as Lessor alone shall detennine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (f) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9 % as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided. or permined, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23. lVIUL TIPLE LESSEES. Lessor may, with the consent of anyone of the Lessees hereunder, modify, extend, or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEIYIENT. In the event of any legal action with respect to this Lease, the prevailing party in any such action shall be entitled to reasonable anorOJey fees, including anorney fees incurred at the trial level, including action in bankruptcy court, on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS; NO WAIVER. This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease s'hall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY. This Lease is intended to constitute a valid and enforceable legal instrument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. AS TO: Date~OY \. DatetMJ i\,.7DOtf . . . . . . . . . . . . . . . . . . . . . . . I. I. !. ,. '. '. I. !. I. 'e I. I. . . Ie '. . .. . . .#3Q~ LEASE AGREEl\1ENT LESSEE -- 0 ~I.UN'n)l...IUr.:J \ 0u..J \ N <0 Co. :2A \ 0 tV. ~ ~e:..."-".? Au <3 \-\f~~ (1=='L 2>312'1- LEASE NUMBER t==A H.?L 1 I..A':- A s-f/-J b ~ "3-Al v.s;<!3>'r It 6' t'0-:- 6:JtlIJ. ?-o b 0 I\J ~ \ 2.0 (LD. N. M2~1--\'? ~Q h, ~L ~? I B I FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL #, CATALOG #, SERIAL # OR OTHER IDENTIFICATION E Q UL IE PA MS EE ND T .--;-- - -row '2-O0~ U ~ N 91- '"2::> F~. t-J P G 6" Pits t/;;w ~ 0 coG STREkI ADDRESS ~41~ ~ UI~ be. CITY 1CvtW.. COUNTY l STATE. ZIP 0"3):;)-7 ~ ~.~ . TERMS: AMOUNT OF EACH PAYMENT MONTHLY TERM OF LEASE NO. OF PAYMENTS (PLUS SALES TAX IF APPLICABLE) THERlS IFY (NO. OF MONTHS) DEPOSIT SECURITY $..:.1(0(6, ~ 60 Kou,Hc;. TERMS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any repiacemem part~, addjtion~, repairs or accessories now or hereafter incorporated in or affixed to it (hereinafter referred to as the "Equipment"). 2. ACCEPTANCE OF EQUIPMENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice, as provided by Lessor, after tlJe Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insert in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAIMER OF WARRANTIES AND CLAIMS: LIMITATION OF REMEDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQU~MENT, ITS MERCHANTABll..ITY, ITS FITNESS OR SUITABll..ITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or ~. '. I. . . . . . I. .. I. I I. . . . . . . . . . . . I. '. . . . . . . . . . . . . . . . . . . - agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HAVE NO REMEDY FOR CONSEQUENTAL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory fmance lease under Article 2A of the Unifonn Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MAY HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6, COlYIMENCEME:NT; RENTAL PAYMENTS; INTERIM RENTALS. This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full perfonnance and observance by Lessee of each and every tenn, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the first payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCEl;ABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, ORAGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN. BROKER OR AGENT OF ANY BROKER OR SUPPUER. SHALL IN Al,Y WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7, CHOICE OF LA "Y. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place' of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete perfonnance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shall be made in the perfonnance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully performed all other provisions of this Lease, Lessor wiII return to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIl\1ITED PREARRANGED AMENDMENTS; SPECIFIC POWER OF ATTORNEY. In the event it is necessary to amend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. , . _ 12. OWNERSHIl), PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in the Equipment except as expressly set forth in this Lease. The Equipment shaH remain personal property even though installed in or attached to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENEWAL. At the expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under. Amount of Each Payment, . above. 15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss. theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may pan of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9% as of the date ofloss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9%, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and maintain insurance against loss, theft, damage or destruction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a certificate of insurance from the insurer, which certificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascertain the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's periodic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase. possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17. INDEMNITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive the expiration, cancellation, or termination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMENT BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment ~f this Lease by Lessor, and shall not assert against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal representatives, survivors, successors in interest, and assigns of .the parties hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment requirectby this Lease within ten (10) days of the due I ,- - - ,. . . . . . . I. . . . - . - . . . .. . . . . . . . . . . . . . . . . - . . . . . - date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18 % per annum. 20. TIl\1E OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective performance. 21. DEFAULT. Lessee shall be in default if: (a) Lessee shall fail to make any payment due under the terms of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perform any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any pan thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale without prior written consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of Lessor; or (e) Lessee dies or ceases to exist; or (I) Lessee defaullS on any other agreement it has with Les50r; or of default occur wiel respect to any guarantor or any such guarantor fIles or has f1led against it a petition under the bankruptcy laws. 22. REl\1EDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any co un order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party, upon such terms and conditions as Lessor alone shall determine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (f) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9 % as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided. or permitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23, MULTIPLE LESSEES. Lessor may, with the consent of any one of the Lessees hereunder, modify, extend, or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCElVIENT. In the event of any legal action with respect to this Lease, the prevailing pany in any such action shall be entitled to reasonable anor,ley fees, including attorney fees incurred at the trial level, including action in bankruptcy coun, on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS; NO WAIVER. This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease sball be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY. This Lease is intended to constitute a valid and enforceable legal instrument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. AS TO: l tk'f, jl~~ d<Zi7(] U " -- Date ,ft~ /J ;Z'Ur;; i~ I I . I I~ t If r ~ .J " , /\. T/Z;tf-qo :.~ IDENTIFICATION NUMBER 3NKHHD7X2VF741696 REGISTERED OWNER (lAST NAME FIRSn YR. 97 SIGNATURE MAKE \ /\- (JCJ(J CJ\O\ 4-( DATE LIEN " RELEASE 1ST LIEN 2ND LIEN o o BY VESSEL REGIS. NO. TITLE NUMBER 74954557 KW DATE OF ISSUE DOWNTON TOWING COMPANY 2418 N MIAMI AVE MIAMI FL 33127-4434 02/19/98 / 1ST LIENHOLDER ' TEXTRON FINANCIAL CORPORATION 4550 NORTHPOINT PARKWAY STE400 ALPHARETTA GA 30022 01/30/98 " ADDITIONAL LIENS / ~~~'!!!:F.".C:;OR,Y'~ rROQf''''CF. OWf"!EP.Sl-!fp..:.:!-,_ ".':"r-!C-"'"~E~... c;l}!?~!"rTED-UND~R-iS'=c-r!!'N - 3' 9. 2 2/ 3'213.()~ ~.F' ORI!)^'" STA Tlln:~ ....T~Tl~.;.. Tn""T....s:;.-..unTOR . ,vEt.IC!.F-':~~ ~ OR VESSEL DESCRIBED BELOW' IS VESTED IN THE OWNER(S) NAMED HEREIN. THIS OFFICIAL CERTIFICATE OF TITLE IS ISSUED ' ", FOR SAID MOTOR VEHICLE OR VESSEL MAKE MODEL BODY KW ;~ 3NKMHD7X2VF741696 , ODOMETER-DATE READ 310 01/30/98 N REMARKS ~ODOMETER - ACTUAL MILEAGE COLOR DMV TITLE NUMBER 74954557 ~ PREV ISSUE DATE~ ,~ DATE OF ISSUE 02/19/98 HU'...l M6IEf:\l:"l REGISTERED OWNER (LAST NAME FIRSn DOWNTON TOWING COMPANY 2418 N MIAMI AVE MIAMI FL 33127-4434 ~~ ~ DATE.i!tl/30/98 TEXTRON FINANCIAL CORPORATION 4550 NORTHPOINT PARKWAY STE400 ALPHARETTA GA 30022 !JEN =\EtE..\SE ;lfJ""~ .n" ':'30VE 1ST ~. . _,El, '"- BY i 1 ST LIENHOLDER (U n N M GIl.- not" -.j 13"D v"HICLE IS HEREBY RELEASED C ,;;' ~ ~......,L'~ MAR 0 5 2004' '" ~ 2,,0 UE/; o '" :.'!o D~TE ~ ':'ODITION:'L LIEIIS_ ~ ~..j:! ... 2ND LIENHOlDER NONE Dt.TE / DIVISION OF MOTOR VEHICLES TALLAHASSEE FLORIDA DEPARTMENT OF HIGHWAY SAFETY, ~ ---j' AND MOTOR VEHICLES II ~ ~ ~. ~ ~~- , (.1 /......._ II n ~," t$ ,~Q il!~ll"~t1 '_ ,'''.."".,._',' .', .+. n ,:'"l., _~"__"'_'" ~FRED 0: DICKINsoN, III '-~~ ,,,'"' ~ EXECUTIVE DIRECTOR II, ~ '11'; ~4 CHARLES J. BRANnEY DIRECTOR I I ~c-""*-'mber-32-3 3-8-4. O-R \ TRANSFER OF TITLE BY SELLER ODOMETER CERTIFICATION - Federal and state 18w r.qui~. that you state the mileage in connection with the transf.r of ownership. Failure to complete or providing a f.lse st~ltllm.nt may result in fines and/ or imprisonment. ~ This titl. is warranted and certified to b. fre. from any lien except as natad on the facII of this certificate and the motor vehicle or vltSsll describlld is hereby .,.nd.rr,d to;~ ... ii::! " ~ Purchaser: Addr.ss O 0 ODD ODD r::J S.lIing Pri:., S D.,. Sol:, .' ~ I/We stat. that this 5 or 6 digit odometer now reads , t::J" (no tenths) --.... miles, date read .nd to the best 0' my knowledge CAUTION: 0 1. I hereby cartdJ' ':.ut :: -;t-; b-i~t :.f ~y ..::.cwl';:;~ t::.; C::~.:oi~;r .'I:~~ ...t:.::5 t:.i that it reflects the actual mil..qe of the vehicl. described herein, unless DO NOT CHECK av:::.:,t :f aifi~;' i: u:.ss :: ;ts: ':':I:,~C!.;i:a ~..:;;.i.:s. one of the odometer statement blocks is checked. BOX IF ACTUAL D 2. f r:neey :u't!f( ::"It ~. e:>:.~,,~;. ,:n:;I:'; ~~ ..:~ ~-a l:!-!'.!f -- H-:i. ~ . [~UND~R.,PENALTIES OF PERJURY. I DECLARE THAT I HAVE READ M~~;c;OREGOING DO~;~~~ -A~~OI~; ~~=,~~~~;. STATED IN IT ABE TRUE. "\!'; , tf' .Signature of Printed Na~a ~f Purchaser: Purch~s&.. Signature of Print.d Naee Q~ J,:~Q, c.o-pu,reh:uer: Co-Purehaser; Slgnatur. of Printed Na:r.. of .1 Seller. Sell.r: It Sjgr:at~!'. of . . ~J Co-S;!Jer~ Pr~ted Na:-ne ~f ~~ Co-Selhlr'; ~ Tax No. ' Tax ColI.cl.d, license Numbor": . . ". . .t . . :() I. !() . . . . . () () () . . <t () . . . . () () . . . . . () () () . . (t . . . .. :ff- '-1 UL(. LEASE AGREEMENT LESSEE "DoU-'/V ~ tv \aU-' ~NG <2.:::> . 2t{ t~ (I.:). 'Y. ?~}-\,? ~U~ r{fl4.\-(~ to t-L o~ \2=1. LEASE NUMBER " ~H.? L 'l L.eA~ tJ'O <f "S:.I\JUe<;JH0'N\ <2oct.P. .:20 0 0 AJ t='" \ )..0 R..:U. \\..), ~~Aw..~ (bah, ~,6~ 15 (. FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL #, CATALOG #, SERIAL # OR OTHER IDENTIFICATION E Q UL IE PA MS EE ND T H\t00 :2006. \Jfv # 5~ t} f\J b6 ~'7 :::;-62, ~ loo8o. SECURITY EQUIPMENT LOCATION IF DIFFERENT e..- TERMS: AMOUNT OF EACH PAYMENT (PLUS SALES TAX IF APPLICABLE) ~. 1 (p5&.so bE) KOUlHCS TERMS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any replacemem parts, additions, repairs or accessorit:s now or hereafter incorporated in or affixed to it (hereinafter referred to as the "Equipment"). 2. ACCEPTANCE OF EQUIPMENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice, as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insert in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAIMER OF WARRANTIES AND CLAIMS: LIMITATION OF REMEDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQU.J;PMENT, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; Cd) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or . . () I. n ,. '. <l .() !<t . . '. . () . () . . . . . . . . . . () . . . . . () . . . . . . . . . agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HAVE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parties to this Lease that it qualify as a statutory finance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MAY HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED. \VITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COl'YTh1ENCEI\1E!'o.'Tj RENTAL PAYMENTSj INTERIM RENTALS. This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease. any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules herto. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the first payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER. OR AGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, BROY..ER OR AGENT OF ANY BROKER OR SUPPLiER, SHALL IN ANY \VA Y AFFECT LESSEE'S DlJTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7. CHOICE OF LAW. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place. of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8. SECURlTY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as .Security Deposit". In the event any default shall be made in the performance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully performed all other provisions of this Lease, Lessor will reUlm to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIMITED PREARRANGED Al'Y1ENDl'Y1ENTSj SPECIFIC POWER OF ATTORNEY. In the event it is necessary to amend . . . '. . '. ,e e) . '. '. . ,. ,- . I. . . . . . . . . . . . . . . . . . . () () . . 6) . . . . the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipmelll, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set fOM. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any insnument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set fOM above and shall not be removed without Lessor's prior written consent. 11, USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. . 12. OWNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in th.e Equipment except as expressiy set fOM in this Lease. The Equipment shall remain personal property even though installed in or attached to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENEWAL. At the expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under "Amount of Each Payment," above. 15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or desnuction of the Equipment from any cause whatsoever, and no loss, theft, damage or desnuction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may part of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9 % as of the date ofloss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9%, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and maintain insurance against loss, theft, damage or desnuction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a certificate of insurance from the insurer, which certificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascertain the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's periedic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase. possession, or use of the Equipment, excluding, however. all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17. INDEMNITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive the expiration, cancellation, or termination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMENT BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment ~f this Lease by Lessor, and shall not assert against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal representatives, survivors, successors in interest, and assigns of the parties hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due . . . '. Ie) . i. , :<t . . . '. !. . .. ,. . . . . . . . (t . . . . . . . . . . . . . . . . . . . date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18 % per annum. 20. TIl\1E OF ESSENCE, Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective performance. 21. DEFAULT. Lessee shall be in default if: (a) Lessee shall fail to make any payment due under the terms of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perform any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any pan thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale without prior written consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of Lessor; or (e) Lessee dies or ceases to exist; or (t) Lessee defaults on any other agreement it has with Les:;or; or of default occur with respect to any guaraIilor or any such guarantor ftles or has filed against it a petition under the bankruptcy laws. 22. REMEDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any co un order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor ntay re-lease the Equipment, without notice to Lessee, to any third parry, upon such terms and conditions as Lessor alone shall determine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (t) Lessor ntay sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9% as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided'or permitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any otller right or remedy. 23, J\.1ULTIPLE LESSEES. Lessor may, with the consent of any one of the Lessees hereunder, modify, extend, or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEMEl'.'T. In the event of any legal action with respect to this Lease, the prevailing parry in any such action shall be entitled to reasonable attoriley fees, including attorney fees incurred at the trial level, including action in bankruptcy coun, on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEJ\.1ENT; NO ORAL MODIFICA nONS; NO WAIVER. This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease shall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY, This Lease is intended to constitute a valid and enforceable legal instrument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. AS TO: hf 'dDV8 Date fJn~ I ftc:r . . . '. . . . \l I: . '. I . e, <l . . () . . . . . . . . . . . (t . . . . . . . . . . . . . fr :J UJ LEASE AGREEl\1ENT LESSEE ~I\J~N \O~~f\-)(o ~. 2L{ \ '2> l\J. N ~ ~H? ~\..JZ LEASE NUMBER --;;;:,eo L .. d n_~ p I A-HlC,"( i?A~AJf, \ :s::A.JJl5S'It-(~N\ ~(... . '2..D00 iJl=- l20 (L~. t\Jr \-{fAH~ ~~~, -f- L 3"?:> I B /. Hf~l''''\ .J-/ .\ ~ 1~L- ~~\2.+ FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL #, CATALOG #, SERIAL # OR OTHER IDENTIFICATION E Q UL IE PA MS EE ND T H f rv 0 :2..Do 6. urN:jI- 'Sf> (/ t\J"b 69 062..~ to \ S 2- SECURITY DEPOSIT ~.IL,sg.5D 00 HOIJTHS TERMS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any replacernem pan~, additions, repairs or accessories now or hereafter incorporated in or affixed to it (hereinafter n:ferred to as the "Equipment"). 2. ACCEPTANCE OF EQUIPMENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice, as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insen in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAIJ\.1ER OF WARRANTIES AND CLAIMS: LIMITATION OF REJ\.1EDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQU~MENT, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for conunercial or business purposes and not for personal, family, household, or . . . . . . . I. I. '. .. i. '. Ie ,. . . . . . . . . . . . . . . . . . . . . () . . . . . . . agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HAVE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both panies to this Lease that it qualify as a statutory ftnance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MAY HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED, WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COJ'yIMENCEMENT; RENTAL PAYMENTS; INTERIM RENTALS, This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules heno. III addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the ftrst payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule heno unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails CO execute and deliver to Lessor ail Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirry (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, OR AGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPUER, SHALL IN ANY ViA Y AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7, CHOICE OF LA "V, This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shall be made in the performance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall nO! be obligated, co apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any ponion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t):rmination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully performed all other provisions of this Lease, Lessor will return to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIMITED PREARRANGED AMENDJ\.lliNTS; SPECIFIC POWER OF ATTORNEY. In the event it is necessary to amend . . . . '. . . . . . . ,. Ie . . . . <t . . . . . . . . . . . . . . . () . . () . . . . . . the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and me on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10, LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. . 12. OWNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in r..'1e Equipment except as expressly set forth in this Lease. The Equipment shaH remain personal property even though installed in or attached to real property. 13, SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14, RENEWAL. At the expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under. Amount of Each Payment, . above. 15. LOSS AND DAMAGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may pan of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of tl1e total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9% as of the date ofIoss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9 %, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and mainl:lin insurance against loss, theft, damage or destruction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a certificate of insurance from the insurer, which cenificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascenain the existence of or provide any insurance coverage for the EquipmeDl or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's peribdic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost tllereof within fifteen (15) days after such notice is mailed to Lessee. 17,INDEl'vINITY, Lessee shall indenmify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive the expiration, cancellation, or termination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMENT BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment t?f this Lease by Lessor, and shall not assen against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal representatives, survivors, successors in interest, and assigns of the parries hereto. 19, SERVICE CHARGES; INTEREST, If Lessee shall fail to make any payment requiredby this Lease within ten (10) days of the due . . . . . () .. I. . . . . ,. . I. '. . . . . (t . . . . . . . . . . . . . . . . . . . . .' A date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shaIl be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shaIl pay to Lessor a $100 default fee with respect to any payment which becomes tllirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18 % per annum. 20, TIl\1E OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective performance. 21. DEFAULT, Lessee shall be in default if: (a) Lessee shall fail to make any payment due under tlle terms of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perform any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any part thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale without prior wrinen consent of Lessor, or if Lessee shaIl abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of Lessor; or (e) Lessee dies or ceases to exist; or (t) Lessee defaults on any other agreement it has with Les:;or; or of default occur with respect to any guara.ntor or any such guarantor tiles or has filed against it a petition under the bankruptcy laws. 22, REMEDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the foIlowing remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any coun order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shaIl not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor ntay re-lease the Equipment, without notice to Lessee, to any third party, upon such terms and conditions as Lessor alone shaIl detennine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (t) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9 % as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided-or permined, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder .shall preclude any other or further exercise of any other right or remedy. 23. J\.1ULTIPLE LESSEES. Lessor may, with the consent of any one of the Lessees hereunder, modify, extend, or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEMEl'.'T. In the event of any legal action with respect to this Lease, the prevailing party in any such action shall be entitled to reasonable attoriley fees, including attorney fees incurred at the triaj level, including action in bankruptcy court, on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEMENT; NO ORAL MODIFICATIONS; NO WAIVER, This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease shall be modified or rescinded unless in writing signed by a representative of Lessor_ Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY. This Lease is intended to constitute a valid and enforceable legal instrument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. '- Date ~:J . . . . . . . . . . I. . . . . . . . . .' . . . . . . . . . . . . . . . . () . . . . . . =1f6L-0 LEASE AGREEl\1ENT LESSEE ~N"'roJJ IV ~OUl-A.? rv(o <20 2Lt I S (\J, ~ {\.".I,} A06" T\~A.~~ \ ~ L ~ ~ \ 2 '::}- LEASE NUMBER ~M' t-..( Li?!+(yl""v p 2..0 (Q 0 IV';'- \ 20 N. ~ C AI-I..~ bQh\ \ r -::r:/v JlJ'S {rt O;V i t2-D. -FL. 3~ 15/. eo~. FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL #, CATALOG #, SERIAL # OR OTHER IDENTIFICATION E Q UL IE PA MS EE ND T K G' N \-(J -..9'1--7 H '2003 . \)~!\) If- I N'r<.~LLLOXq3 :52;,Cf I"?:>/GJ EQUIPMENT ,I I ~ LOCATIONIF STREE ADDRESS;<41~ rJ. H"~'I . DIFFERENT CITY ~i)::n"',,,:, COUNTY~ STATE . ZIP 33/;::1-"1 ~ .* ~.~ . TERMS: AMOUNT OF EACH PAYMENT (PLUS SALES TAX IF APPLICABLE) SECURITY ~(P75 ~ Go ~OtJ,HS TERMS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any replacement parts, additions, repairs or accessoril::s now or hereafter incorporated in or affixed to it (hereinafter referred to as the "Equipment"). 2. ACCEPTANCE OF EQUIPMENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice, as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insen in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAL'\1ER OF WARRANTIES AND CLAIMS: LIMITATION OF REJ\.1EDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQUJ;PMENT, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or . . . . . . . I. . . ;. .. ,e . . I. . . . . . . . . . . . . . . . . . . . . . . . . . . . agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (t) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HAVE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE, Lessee agrees and acknowledges that it is the intent of bOtll panies to this Lease that it qualify as a statutory fmance lease under Anicle 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MAY HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNJ\.1ENT BY LESSEE PROHIBITED, WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COlYThlENCEMENT; RENTAL PAYMENTS; INTERIM RENTALS, This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules heno. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the fIrst payment. Interim rent shall be in an amount equal to I/30th of the monthly rental, multiplied by the number of days elapsing between the date on which tlle Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule heno unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs tllis Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, OR AGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, EROKER OR AGENT OF ANY BROKER OR SUPPLIER, SHALL IN ANY WAY AFFECT LES5EE'5 DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7. CHOICE OF LAW. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8, SECURITY DEPOSIT, As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shall be made in the performance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall nO! be obligated, to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any portion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully pcrfonTIed all othcr provisions of this Lease, Lessor will return to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIMlTED PREARRANGED AMENDMENTS; SPECIFIC POWER OF ATTORNEY. In the event it is necessary to amend . . . . . . . . . () ft f) . . () ,. . . . . . . . . . . . . . . . . . . . . . . . . . . " the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION, The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. . , _ 12, OWNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in the Equipment except as expressly set forth in L'lis Lease. The Equipment shall remain personal property even though installed in or attached to real property. 13, SURRENDER. By this Lease, Lessee acquires no ownership rights in tlle Equipment, and has no option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14, RENEWAL. At the expiration of the Lease, Lessee shall rerum the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under. Amount of Each Payment, . above. 15. LOSS AND DAMAGE, Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may parr of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9 % as of the date of loss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9%, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16, INSURANCE; LIENS; TAXES, Lessee shall provide and maincain insurance against loss, theft, damage or destruction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a cenificate of insurance from the insurer, which cenificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascenain the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's periodic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17.INDElYfNITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive the expiration, cancellation, or termination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNJ\.1ENT BY LESSOR, Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assigrunent 'tIf this Lease by Lessor, and shall not assen against the assignee any defense, counterclaim. or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal representatives, survivors. successors in interest, and assigns of the parries hereto. 19, SERVICE CHARGES; INTEREST, If Lessee shall fail to make any payment requirerlby this Lease within ten (10) days of the due I '. '. . . . . . . . . . ~ . It . . . . . . . . . . . . . . . . . . . . . . . . . . . . n =fI- ou LEASE AGREEl\1ENT LESSEE ~rv~rJl <::XJu~ (\.) t, (?;:). Z-q~ '<0 N. ~fCVA.7 Auc 't\~ f4..~~ (~L.. ?..) ")..:> I '2 ~. LEASE NUMBER -... L ~ ,\.... ~ /?.- t"A MIL ...( <..? A S \ Iv 0 \" .4-l\Jlk,.,~!f' ,t-( oNI CUl. P '20 f:, 0 (\) ~ \ 2.0 (2.\). f0 \-1 '" '=' n t"'\ I r-'L -:2.., 10-, /. ' \ \ I ~ \...-Z. , ~"'2> ~ Y) , ' ~ - .J ? U FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL II, CATALOG II, SERIAL II OR OTHER IDENTIFICATION E Q UL IE PA MS EE ND T ,t<2NLvOcL'H ~y, UrN 4- \ f()\(1~~ ~T X 6lt :So slY 2b EQUIPMENT \ I t\ C 1\ LOCATION IF STREET ADDRESS ~rg to or+V\ ~\..A.i frMi l-W. DIFFERENT CITY COUNTY STATE_ ZIP ~ .~ 17 ~ TERMS: AMOUNT OF EACH PAYMENT (PLUS SALES TAX IF APPLICABLE) ONTHLY TERM OF LEASE NO. OF PAYMENTS ECIFY (NO. OF MONTHS) DEPOSIT SECURITY ~.51c:q,:<, :? 60 KOAJrHS. TERMS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together with any replacement parts, additions, repairs or accessorks now or hereafter incorporated in or affixed 10 it (hereinafter referred to as the "Equipment"). 2. ACCEPTANCE OF EQUIPMENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice, as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insen in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAIl\1ER OF WARRANTIES AND CLAIMS: LIJ\.llTATION OF REJ\.1EDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQUJ;PMENT, ITS MERCHANTABILITY, ITS FITNESS OR SUITABllJTY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or . I. . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and me on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION. The Equipment shall be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. . . 12, OWNERSHIP, PERSONALITY, The Equipment is, and shall remain, the property of Lessor, and Lessee shall have no right, title, or interest in the Equipment except as expressly set forth in this Lease. The Equipment shaH remain personal property even though installed in or attached to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier termination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENEWAL. At the expiration of the Lease, Lessee shall return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-month basis until thirty (30) days after Lessee returns me Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under "Amount of Each Payment," above. 15. LOSS AND DAJ\.1AGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may parr of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9 % as of the date of loss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9%, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and maintain insurance against loss, theft, damage or destruction of the Equipment in an amount not less than the full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a certificate of insurance from the insurer, which cenificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascertain the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's periodic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17, INDEM:i\'ITY. Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive the expiration, cancellation, or temlination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMEI';'T BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment 'l1f this Lease by Lessor. and shall not assen against the assignee any defense, counterclaim. or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal representatives, survivors, successors in interest, and assigns of the parries hereto. 19, SERVICE CHARGES; INTEREST, If Lessee shall fail to make any payment requireciby this Lease within ten (10) days of the due . . . ,. I. I. . . I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , ,- /' ....' " date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18% per annum. 20. TIl\1E OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective performance. 21. DEFAULT, Lessee shall be in default if: (a) Lessee shall fail to make any payment due undcr the tcrms of tllis Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perform any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any pan thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale without prior written consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of Lessor; or (e) Lessee dies or ceases to exist; or (t) Lessee defaults on any other agreement it has with Les:;or; or of default occur wi~1 respect to any guarantor or any such guarantor fLIes or has filed against it a petition under the bankruptcy laws. 22. REMEDIES, If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any coun order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party, upon such terms and conditions as Lessor alone shall determine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (f) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time tllis Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9% as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided. or permitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23, J\.1ULTIPLE LESSEES. Lessor may, with the consent of any one of the Lessees hereunder, modify, extend, or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEMEl'.'T. In the event of any legal action with respect to this Lease, the prevailing party in any such action shall be entitled to reasonable attoriley fees, including attorney fees incurred at the trial level, including action in bankruptcy coun, on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEJ\.1ENT; NO ORAL MODIFICATIONS; NO WAIVER. This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease sRall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY, This Lease is intended to constitute a valid and enforceable legal instrument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. Date ~Jro1p \, Date 41-1 ~ C; ~w0 ....J . e. e . . . . . e . · FULL LEGAL NAME AND ADDRESS OF LESSEE . . . . e QUAl\'TITY eE · 3L e IE PA eMS EE eND .1' · EQUIPMENT . ^ '\ oIl ~ f. . A LOCATION ll? STRqET ADDRJ:;SS ~ \\...J~\ ~IAnAI v'P , · DIFFEREl'.:T CITY H.L~_ COUNTY~\)~~ eSTATE t=e ZIP 3.3/.;:J-":L ."-:=DO.~ ~ ~ . ~ , TERMS: AM()UNT OF EACH PAYIIIENT MONTHLY TERM OF LEASE NO. OF PAYMENTS OPLUS SALES TAX IF APPLICABLE) ECIFY (NO. OF MONTHS) DEPOSIT - LEASE AGREEMENT LESSEE . ))CX() 1\ \t)WI\ \ OW lY'\6 C:, - ;;>-l! I g (\Jor~ ~'IF\vVl; ~. \L{,~VV\\ R. 3.3 \ d-f J LEASE .NU1\illER :-r- . \ 4 /1 -D r: . \ I - ~ .J-nve"')'\t>-> Lv", I . r-A Nt, :j weA-::, I f'-(5' .;> EJ-C)(oO r0c \ 9-0 I'd. No. H~il R. 3318\ SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) JOINTLY AND SEVERALLY RESPONSIBLE DESCRlPTION, MODEL #, CATALOG #, SERIAL # OR OTIlER IDE!'.'TLFICATlON \qq 8 .~ \be,,-\-- / Lowboj T'<L' \e \' \}i {j ~ l\oVvJQ5\;l1\^I \ 0 \ rj51;3 SECUIUTY . . d? 3,;2 \. ~ lco-Bo }~: TERMS AND COI\TIlTIONS OF LEASE .. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, together ~ith any repiacement pam, additions, repairs ur acccssori::s now or hercaftcr incorporatcd in or affixed to it tllcrcinafier refcrred \....0 as the "Equipment"). . Q. ACCEPTANCE OF EQUIPl\1ENT: Lcsscc agrecs to inspcct the Equipmcnt and to exccute an Acknowlcllgcmcnt and Acccptance of l""",,quipment by Lcsscc noticc, as providcd by Lcssor, after thc Equipmcnt has bccn delivcred and after Lcssec is satisficd tllal the Equipmcnt .~ satisfactory in every rcspcct. Lcssee hercby autllOrizcs Lessor to insert in tllis Leasc scrial numbers or otller idclllifying data with respcct to ec Equipment. I 0 DISCLAIMER OF WAlUU\Nr'IES AND CLAIMS: LIlVIITATION OF REMEDIES. TUERE ARE NO I -'1ARRANTIES BY OR ON BEHALF OF LESSOR. Lcssce acknowlellgcs and agrces by his signature below as follows: I "(a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE I '-"~UIPMENT, ITS MERCHANTABll..ITY, ITS FITNESS OR SUITABll..ITY FOR ANY PARTICULAR PURPOSE, ITS - '.. I!.ESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTEIUSTICS OF THE EQUIPMENT; ~ (b) Lessee has fully inspcctcd the Equipment which it has rcquested Lessor to acquire and lease: to Lcssee, and the Equipmcnt i On good condition and to Lesscc's complcte satisfaction; \.. Cc) Lessee lcases the Equipment "as is" and with all faults; .Cd) Lessee specifically acknowlcdges that the, Equipmcnt is leased to Lessee solely for commercial or busincss purposes and ,"'t for personal, family, household, or :...J. . . . . . t. . . '. . () '. I) () . (t . . . . . . . . . . . . . . . . . . . . . CI ~ . . . . . . ~ agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (t) Provided Lessee is not in default under this Lease, Lessor assigns to Lcssee any warranties made by the supplier or the maunfacturer of the Equipmcnt; (g) LESSEE SHALL HA VE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (11) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4, STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both panies to this Lease that it qualify as a statutory flDance lease under Article 2A of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor lias not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MAY HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNMENT BY LESSEE PROHIBITED, WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COl'vlMENCEMENT; RENTAL PAYMENTS; INTERIM RENTALS. This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules heno. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the fITSt payment. Interinl rent shall be in an amount equal to I/30th of the monthly rental, multiplied by the number of days elapsing between the date on which tlle Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the first payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall terminate following the last day of the terms stated on the face hereof or in any Schedule herto unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs this Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCELABLE OR TERJ\1INABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TERJv!S AND CONDITIONS WHICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN. BROKER, ORAGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATIER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR A.GENT OF ANY BROKER OR SUPPLIER, SHALL rr, Ai';Y WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFOR!v! LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7, CHOICE OF LAW. This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action witll regard to this lease or the equipment covered hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business. S. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shall be made in the performance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any ponion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rmination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully perforrrted all other provisions of this Lease, Lessor will return to the Lessee any then remaining balance of said security deposit, withoUl interest. Said security deposit may be commingled with Lessor's other funds. 9. LIMITED PREARRANGED AMENDMENTS; SPECIFIC POWER OF ATTORNEY, In tlle event it is necessary to amend . . . . . . . .. .e .. <t . . . () . . . (t . . . . e () . . . . . . . . . . . . . . . . . . the terms of this Lease to reflect a change in one or more of the following conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental payments as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shall be deemed amended and such amendments shall be incorporated in this Lease herein as if originally set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as follows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION, The Equipment shall be kept at tlJe location specified above or, if none is specified, at Lessee's address as set forth above and shall not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior written consent. 12. OWNERSHIP, PERSONALITY. The Equipment is, and shall remain, the property of Lessor, and Lessee shali 'hav~ no right, title, or interest in the Equipment except as expressiy set forth in this Lease. The Equipment shaH remain personal property even though installed in or attached to real property. 13. SURRENDER. By this Lease, Lessee acquires no ownership rights in tlle Equipment, and has no option to purchase same, Upon the e;r;piration, or earlier termination or cancellation of this Lease, or in tlle event of a default under Paragraph 21, hereof, Lessee, at its expense, shall return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENE\V AL. At the expiration of the Lease, Lessee shall return tlle Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease may be continued on a month-to-montll basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shall pay to Lessor rentals in the same periodic amounts indicated under. Amount of Each Payment, . above. 15. LOSS AND DAJ\.1AGE. Lessee shall at all times after signing this Lease bear tlle entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may pan of the Equipment is lost, stolen', destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace'the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under tllis Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9% as of the date ofIoss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9 %, as of the date of loss. Upon Lessor's receipt of payment as set forth above, Lessee shall be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16, INSURANCE; LIENS; TAXES. Lessee shall provide and maintain insurance against loss, theft, damage or destruction of the Equipment in an amount not less than tlle full replacement value of the Equipment, with loss payable to Lessor. Lessee also shall provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shall not be invalidated by any act, omission, or neglect of Lessee and cannot be cancelled without thirty (30) days prior written notice to Lessor. As to each policy Lessee shall furnish to Lessor a cenificate of insurance from the insurer, which cenificate shall evidence the insurance coverage required by this paragraph. Lessor shall have no obligation to ascenain the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. . Such placement will result in an increase in Lessee's periodic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shall keep the Equipment free and clear of all levies, liens, and encumbrances. Lessee shall pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shall have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shall notify Lessee of such payment and Lessee shall repay to Lessor the cost tllereof within fifteen (15) days after such notice is mailed to Lessee. 17. INDEMNITY, Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shall survive tlle expiration, cancellation, or termination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. IS. ASSIGNMENT BY LESSOR. Any assignee of Lessor shall have all of the rights but none of the obligations of Lessor under this Lease. Lessee shall recognize and hereby consents to any assignment 1:)[ tllis Lease by Lessor, and shall not assen against the assignee any defense, counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal, representatives, survivors, successors in interest, and assigns of tlle parries hereto. 19. SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due . . . . '. Ie '. . I. . . . '. . . . . . e . . . . <t . . . <I . . . . . . . . . . . . . . . date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and rrave! expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of tlle maximum rate of interest allowed by law or 18% per annum. 20. TIJ\.'lE OF ESSENCE, Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective performance. 21. DEFAULT, Lessee shall be in default if: (a) Lessee shall fail to make any payment due under tlle tenns of this Lease for a period of ten (10) days from tlle due date thereof; or (b) Lessee shall fail to observe, keep, or perform any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any pan thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale witllOut prior written consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of Lessor; or (e) Lessee dies or ceases to exist; or (f) Lessee defaults on any other agreement it has with Les:;or; or of dcf:iUlt occ:Jr with respect to any guarantor or any such guarantor ftles or has filed against it a petition under the bankruptcy laws. 22, REJ\.1EDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor may enter upon Lessee's premises and without any coun order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any rrespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or terminate this Lease and may retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under tllis Lease immediately due and payable, including as to any or all items of Equipment, without notice or demand 10 Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third pany, upon such terms and conditions as Lessor alone shall determine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor !Day be the purchaser; (f) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9 % as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided-or permitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23. J\.1UL TIPLE LESSEES. Lessor may, with the consent of anyone of the Lessees hereunder, modify, extend, or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24, EXPENSE OF ENFORCEJ'yfENT. In the event of any legal action with respect to this Lease, the prevailing party in any such action shall be entitled to reasonable attoriley fees, including attorney fees incurred at the rriai level, including action in bankruptcy coun, on appeal or review, or incurred without action, suits. or proceedings, together with all costs and expenses incurred in pursuit thereof. 25, ENTIRE AGREEJ\.1ENT; NO ORAL MODIF)CATIONS; NO WAIVER. This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease shall be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26. SEVERABILITY. This Lease is intended to constitute a valid and enforceable legal instrument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any other provision or provisions hereof, all of which shall remain in full force and effect. lJf dODo Date Date 7- ,~~ DB I . . e. :. . '. . .. l. 1ft . . . . . . . (t . . . . . . . . . . () . . . . . . . . . . . . . .. 7f '-I 'Q . LEASE AGREEMENT LESSEE .uQ\..U<\J"\OvU 10 \o.....vfrv <0 eo 24 t"b A:1 ~ fp..M,.? ~~ f-\.f~N..~ l~L :$ ~ 1.2~ LEASE NUMBER ------- \ ~ +-~'(L ,( Lcp S/tJ~ c:; -:r:..N ~--si J-(DVI 25)6 0 rv ~ \ 2-0 (2.p. t\). \-\~~~ ~Qh( -=FL ~?18;' FULL LEGAL NAME AND ADDRESS OF LESSEE SUPPLIER OF EQUIPMENT (COMPLETE ADDRESS) QUANTITY JOINTLY AND SEVERALLY RESPONSIBLE DESCRIPTION, MODEL t, CATALOG #, SERIAL # OR OTHER IDENTIF1CATION E Q UL IE PA MS EE ND T \o\q"L. (LIS FOOT:) \ L /-\ \ 1- A. L.l. H 510 lOO G2~~ . UJ \). L Ufrv# EQUIPJ\.1ENT LOCATION IF DIFF~~NT . ~ TERMS: AMOUNT OF EACH PAYMENT (PLUS SALES TAX IF APPLICABLE) SECURITY ~.g5lp. ~ 60 ~00IHS. TERMS AND CONDITIONS OF LEASE 1. LEASE: Lessee hereby leases from Lessor, and Lessor leases to Lessee, the personal properly described above, togellJer with any replacemem parts, additions, repairs or accessori(:s now or hereafter incorporated in or affixed to it (hereinafter referred to as the "Equipment"). 2. ACCEPTANCE OF EQUIPl\tlENT: Lessee agrees to inspect the Equipment and to execute an Acknowledgement and Acceptance of Equipment by Lessee notice, as provided by Lessor, after the Equipment has been delivered and after Lessee is satisfied that the Equipment is satisfactory in every respect. Lessee hereby authorizes Lessor to insen in this Lease serial numbers or other identifying data with respect to the Equipment. 3. DISCLAIJ\.1ER OF WARRANTIES AND CLAIMS: LIMITATION OF REJ\.1EDIES. THERE ARE NO WARRANTIES BY OR ON BEHALF OF LESSOR. Lessee acknowledges and agrees by his signature below as follows: (a) LESSOR MAKES NO WARRANTIES EITHER EXPRESS OR IMPLIED AS TO THE CONDITION OF THE EQU~MENT, ITS MERCHANTABILITY, ITS FITNESS OR SUITABILITY FOR ANY PARTICULAR PURPOSE, ITS DESIGN, ITS CAPACITY, ITS QUALITY, OR WITH RESPECT TO ANY CHARACTERISTICS OF THE EQUIPMENT; (b) Lessee has fully inspected the Equipment which it has requested Lessor to acquire and lease to Lessee, and the Equipment is in good condition and to Lessee's complete satisfaction; \. (c) Lessee leases the Equipment "as is" and with all faults; (d) Lessee specifically acknowledges that the Equipment is leased to Lessee solely for commercial or business purposes and not for personal, family, household, or . . . . . ~. '. I. I. I 'e . . '. . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . agricultural purposes; (e) If the Equipment is not properly installed, does not operate as represented or warranted by the supplier or manufacturer, or is unsatisfactory for any reason, regardless of cause or consequence, Lessee's only remedy, if any, shall be against the supplier or manufacturer of the Equipment and agaisnt Lessor; (f) Provided Lessee is not in default under this Lease, Lessor assigns to Lessee any warranties made by the supplier or the maunfacturer of the Equipment; (g) LESSEE SHALL HA VE NO REMEDY FOR CONSEQUENT AL OR INCIDENTAL DAMAGES AGAINST LESSOR; and; (h) NO DEFECT, DAMAGE OR UNFITNESS OF THE EQUIPMENT FOR ANY PURPOSE SHALL RELIEVE LESSEE OF THE OBLIGATION TO PAY RENT OR RELIEVE LESSEE OF ANY OTHER OBLIGATION UNDER THIS LEASE. The parties have specifically negotiated and agreed to the foregoing paragraph. INITIALS 4. STATUTORY FINANCE LEASE. Lessee agrees and acknowledges that it is the intent of both parries to this Lease that it qualify as a statutory fmance lease under Article 2."1. of the Uniform Commercial Code. Lessee acknowledges and agrees that Lessee has selected both: (1) the Equipment; and (2) the supplier from whom Lessor is to purchase the Equipment. Lessee acknowledges that Lessor has not participated in any way in Lessee's selection of the Equipment or of the supplier, and Lessor has not selected, manufactured, or supplied the Equipment. LESSEE IS ADVISED THAT IT MA Y HAVE RIGHTS UNDER THE CONTRACT EVIDENCING THE LESSOR'S PURCHASE OF THE EQUIPMENT FROM THE SUPPLIER CHOSEN BY LESSEE AND THAT LESSEE SHOULD CONTACT THE SUPPLIER OF THE EQUIPMENT FOR A DESCRIPTION OF ANY SUCH RIGHTS. 5. ASSIGNJ\.1ENT BY LESSEE PROHIBITED. WITHOUT LESSOR'S PRIOR WRITTEN CONSENT, LESSEE SHALL NOT ASSIGN THIS LEASE OR SUBLEASE THE EQUIPMENT OR ANY INTEREST THERIN, OR PLEDGE OR TRANSFER THIS LEASE, OR OTHERWISE DISPOSE OF THE EQUIPMENT COVERED HEREBY. 6. COlVIMENCEMENT; RENTAL PAYMENTS; INTERIM RENTALS. This lease shall commence upon the written acceptance hereof by Lessor and shall end upon full performance and observance by Lessee of each and every term, condition and covenant set forth in this Lease, any Schedules hereto and any extensions hereof. Rental payments shall be in the amounts and frequency as set forth on the fact of this Lease or any Schedules heno. In addition to regular rentals, Lessee shall pay to Lessor interim rent for the use of the Equipment prior to the date of the ftrst payment. Interim rent shall be in an amount equal to 1/30th of the monthly rental, multiplied by the number of days elapsing between the date on which the Equipment is accepted by Lessee and the commencement date of this Lease, toghether with the number of days elapsing between commencement of the Lease and the due date of the ftrst payment. The payment of interim rent shall be due and payable upon Lessee's receipt of invoice from Lessor. The rental period under the Lease shall temlinate following the last day of the terms stated on the face hereof or in any Schedule heno unless such Lease or Schedule has been extended or otherwise modified. Lessor shall have no obligation to Lessee under this Lease if the Equipment, for whatever reason, is not delivered to Lessee within ninety (90) days after Lessee signs tllis Lease. Lessor shall have no obligation to Lessee under this Lease if Lessee fails to execute and deliver to Lessor an Acknowledgement and Acceptance of Equipment by Lessee acknowledging its acceptance of the Equipment within thirty (30) days after it is delivered to Lessee, with respect to this Lease or any Schedule hereto. THIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS WI.:lICH ARE A PART OF THIS LEASE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER, OR AGENT OF ANY BROKER OR SUPPLIER, IS AN AGENT OF LESSOR. NO BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, IS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, AND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, NOR ANY SALESMAN, BROKER OR AGENT OF ANY BROKER OR SUPPLIER, SHALL IN ANY WAY AFFECT LESSEE'S DUTY TO PAY THE RENTALS AND TO PERFORM LESSEE'S OBLIGATIONS FORTH IN THIS LEASE. 7, CHOICE OF LAW, This lease shall not be effective until signed by Lessor at its principal office listed above. This lease shall be considered to have been made in the state of Lessor's principal place of business listed above and shall be interpreted in accordance with the laws and regulations of the state of Lessor's principal place of business. Lessee agrees to jurisdiction in the state of Lessor's principal place of business listed above in any action, suit or proceeding regarding this Lease, and concedes that it, and each of them, transacted business in the state of Lessor's principal place of business listed above by entering into this Lease, in the event of any legal such action with regard to this lease or the equipment covered hereby, Lessee agrees that venue may be laid in the County of Lessor's principal place of business. 8. SECURITY DEPOSIT. As security for the prompt payment of the amounts due under this Lease, and Lessee's complete performance of all of its obligations under this Lease, and any extension or renewal hereof, Lessee has deposited with Lessor the security amount set forth in the section shown as "Security Deposit". In the event any default shall be made in the performance of any of Lessee's obligations under this Lease, Lessor shall have the right, but shall not be obligated, to apply the security deposit to the curing of such default. Within 15 days after Lessor mails notice to Lessee that Lessor has applied any ponion of the security deposit to the curing of any default, Lessee shall restore said deposit to the full amount set forth above. On the expiration or earlier t~rrnination or cancellation of this Lease, or any extension or renewal hereof, provided Lessee has paid all of the rent called for and fully performed all other provisions of this Lease, Lessor will return to the Lessee any then remaining balance of said security deposit, without interest. Said security deposit may be commingled with Lessor's other funds. 9. LIMITED PREARRANGED AJ\.1ENDMENTS; SPECIFIC POWER OF ATTORNEY. In the event it is necessary to amend . . '. . . '. . . . . . '. '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the terms of this Lease to reflect a change in one or more of the foUowing conditions: (a) Lessor's actual cost of procuring the Equipment, or (b) Lessor's actual cost of providing the Equipment to Lessee, or (c) A change in rental paymcnts as a result of (1) or (2), above, or (d) Description of the Equipment. Lessee agrees that any such amendment shall be described in a letter from Lessor to Lessee, and unless within 15 days after the date of such letter, Lessee objects in writing to Lessor, this Lease shaU be deemed amended and such amendments shall be incorporated in this Lease herein as if originaUy set forth. Lessee grants to Lessor a specific power of attorney for Lessor to use as foUows: (1) Lessor may sign and file on Lessee's behalf any document Lessor deems necessary to perfect or protect Lessor's interest in the Equipment or pursuant to the Uniform Commercial Code; and (2) Lessor may sign, endorse or negotiate for Lessor's benefit any instrument representing proceeds from any policy of insurance covering the Equipment. 10. LOCATION, The Equipment shaU be kept at the location specified above or, if none is specified, at Lessee's address as set forth above and shaU not be removed without Lessor's prior written consent. 11. USE. Lessee shall use the Equipment in a careful manner, make all necessary repairs at Lessee's expense, shall comply with all laws relating to its possession, use, or maintenance, and shall not make any alterations, additions, or improvements to the Equipment without Lessor's prior wrinen consent. . _ 12, OWNERSHIP, PERSONALITY. The Equipment is, and shaU remain, the property of Lessor, and Lessee shaU have no right, title, or interest in the Equipment except as expressly set forth in L'lis Lease. The Equipment shall remain personal property even L'lough installed in or attached to real property. 13, SURRENDER. By this Lease, Lessee acquires no ownership rights in the Equipment, and has no option to purchase same, Upon the expiration, or earlier teffilination or cancellation of this Lease, or in the event of a default under Paragraph 21, hereof, Lessee, at its expense, shaU return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone excepted, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify. 14. RENEWAL. At the expiration of the Lease, Lessee shaU return the Equipment in accordance with Paragraph 13, hereof. At Lessor's option, this Lease ntay be continued on a month-to-month basis until thirty (30) days after Lessee returns the Equipment to Lessor. In the event the Lease is so continued, Lessee shaU pay to Lessor rentals in the same periodic amounts indicated under' Amount of Each Payment,' above. 15. LOSS AND DA1\1AGE. Lessee shall at all times after signing this Lease bear the entire risk of loss, theft, damage or destruction of the Equipment from any cause whatsoever, and no loss, theft, damage or destruction of the Equipment shall relieve Lessee of the obligation to pay rent or to comply shall immediately place the same in good repair at Lessee's expense. If Lessor determines that may pan of the Equipment is lost, stolen, destroyed, or damaged beyond repair, Lessee shall, at Lessee's option, do one of the following: (a) Replace the same with like equipment in good repair, acceptable to Lessor; or (b) Pay Lessor in cash the following: (i) all amounts due by Lessee to Lessor under this Lease up to the date of the loss; (ii) the accelerated balance of the total amounts due for the remaining term of this Lease attributable to said item, discounted to present value at a discount rate of 9% as of the date ofloss; and; (iii) the Lessor's estimate as of the time this Lease was entered into of Lessor's residual interest in the Equipment discounted to present value at a discount rate of 9%, as of the date ofIoss. Upon Lessor's receipt of payment as set forth above, Lessee shaU be entitled to title of the Equipment without any warranties. If insurance proceeds are used to fully comply with this subparagraph, the balance of any such proceeds shall go to Lessee to compensate for loss of use of the Equipment for the remaining term of the lease. 16. INSURANCE; LIENS; TAXES. Lessee shall provide and mainmin insurance against loss, theft, damage or destruction of the Equipment in an amount not less than the fuU replacement value of the Equipment, with loss payable to Lessor. Lessee also shaU provide and maintain comprehensive general all-risk liability insurance including but not limited to product liability coverage, insuring Lessor and Lessee, with a severability of interest endorsement, or its equivalent, against any and all loss or liability for all damages, either to persons or property or otherwise, which might result from or happen in connection with the condition, use, or operation of the Equipment, with such limits and with an insurer satisfactory to Lessor. Each policy shall expressly provide that said insurance as to Lessor and its assigns shaU not be invalidated by any act, omission, or neglect of Lessee and cannot be canceUed without thirty (30) days prior written notice to Lessor. As to each policy Lessee shaIl furnish to Lessor a certificate of insurance from the insurer, which cenificate shaU evidence the insurance coverage required by this paragraph. Lessor shaU have no obligation to ascertain the existence of or provide any insurance coverage for the Equipment or for Lessee's benefit. If Lessee fails to provide such insurance, Lessor will have the right but no obligation, to have such insurance protecting Lessor placed at Lessee's expense. Such placement will result in an increase in Lessee's periodic payments, such increase being attributed to Lessor's costs of obtaining such insurance and any customary charges or fees of Lessor's or it's designee associated with such insurance. Lessee shaU keep the Equipment free and clear of aU levies, liens, and encumbrances. Lessee shaU pay all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession, or use of the Equipment, excluding, however, all taxes on or measured by Lessor's net income. If Lessee fails to pay said charges or taxes, Lessor shaU have the right, but shall not be obligated, to pay such charges or taxes. In that event, Lessor shaU notify Lessee of such payment and Lessee shaU repay to Lessor the cost thereof within fifteen (15) days after such notice is mailed to Lessee. 17, INDEMNITY, Lessee shall indemnify Lessor against any claims, actions, damages, or liabilities, including all attorney fees, arising out of or connected with Equipment, without limitation. Such indemnification shaU survive the expiration, canceUation, or teffilination of this Lease. Lessee waives any immunity Lessee may have under any industrial insurance act, with regard to indemnification of Lessor. 18. ASSIGNMENT BY LESSOR, Any assignee of Lessor shall have aU of the rights but none of the obligations of Lessor under this Lease. Lessee shaU recognize and hereby consents to any assignment 1i1f this Lease by Lessor. and shaU not assen against tlle assignee any defense. counterclaim, or setoff that Lessee may have against Lessor. Subject to the foregoing, this Lease inures to the benefit of and is bringing upon the heirs, devises, personal representatives, survivors, successors in interest, and assigns of the parties hcreto. 19, SERVICE CHARGES; INTEREST. If Lessee shall fail to make any payment required by this Lease within ten (10) days of the due . . . ,. . . '. . . ,. ~. '. ,e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . date thereof, Lessee shall pay to Lessor a service charge of 8 % of the amount due; provided, however, that not more than one such service charge shall be made on any delinquent payment, regardless of the length of the delinquency. In addition to the foregoing service charge, Lessee shall pay to Lessor a $100 default fee with respect to any payment which becomes thirty (30) days past due. In addition, Lessee shall pay to Lessor any actual additional expenses incurred by Lessor in collection efforts, including but not limited to long-distance telephone charges and travel expenses. Lessee shall pay to Lessor interest on any delinquent payment or amount due under this Lease from the due date thereof until paid, at the lessor of the maximum rate of interest allowed by law or 18 % per annum. 20. TIl\1E OF ESSENCE. Time is of the essence of this Lease, and this provision shall not be impliedly waived by the acceptance on occasion of late or defective performance. 21. DEFAULT. Lessee shall be in default if: (a) Lessee shall fail to make any payment due under the terms of this Lease for a period of ten (10) days from the due date thereof; or (b) Lessee shall fail to observe, keep, or perform any provision of this Lease, and such failure shall continue for a period of ten (10) days; or (c) Lessee has made any misleading or false statement in connection with application for or performance of this Lease; or (d) The Equipment or any pan thereof shall be subject to any lien, levy, seizure, assignment, transfer, bulk transfer, encumbrance, application, attachment, execution, sublease, or sale Witllout prior written consent of Lessor, or if Lessee shall abandon the Equipment or any other entity or person to use the Equipment without the prior written consent of Lessor; or (e) Lessee dies or ceases to exist; or (t) Lessee defaults on any other agrcement it has with Les:;or; or of default occur with respect to any guar.llItor or any such guarantor rues or has filed against it a petition under the bankruptcy laws. 22. REMEDIES. If Lessee is in default, Lessor, with or without notice to Lessee, shall have the right to exercise anyone or more of the following remedies, concurrently or separately, and without any election of remedies being deemed to have been made: (a) Lessor ntay enter upon Lessee's premises and without any coun order or other process law may repossess and remove the Equipment, or render the Equipment unusable without removal, either with or without notice to Lessee. Lessee hereby waives any trespass or right of action for damages by reason of such entry, removal, or disabling. Any such repossession shall not constitute a termination of this Lease unless Lessor so notifies Lessee in writing; (b) Lessor may require Lessee, at its expense, to return the Equipment in good repair, ordinary wear and tear resulting from proper use thereof alone expected, by delivering it, packed and ready for shipment, to such place or carrier as Lessor may specify; (c) Lessor may cancel or temUnate this Lease and ntay retain any and all prior payments paid by Lessee; (d) Lessor may declare all sums due and to become due under this Lease immediately due and payablc, including as to any or all items of Equipment, without notice or demand to Lessee; (e) Lessor may re-lease the Equipment, without notice to Lessee, to any third party, upon such terms and conditions as Lessor alone shall detennine, or may sell the Equipment, without notice to Lessee, at private or public sale, at which sale Lessor may be the purchaser; (t) Lessor may sue for and recover from Lessee the sum of all unpaid rents and other payments due under this Lease then accrued, all accelerated future payments due under this Lease, discounted to their present value at a discount rate of 9 % as of the date of default, plus Lessor's estimate at the time this Lease was entered into of Lessor's residual interest in the Equipment, reduced to present value at a discount rate of 9 % as of the date of default, less the net proceeds of disposition, if any, of the Equipment; (g) To pursue any other remedy available at law, by statue or in equity. No right or remedy herein conferred upon or reserved to Lessor is exclusive of any other right or remedy herein, or by law or by equity provided. or permitted, but each shall be cumulative of every other right or remedy given herein or now or hereafter existing by law or equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time. No single or partial exercise by Lessor of any right or remedy hereunder shall preclude any other or further exercise of any other right or remedy. 23. J\.1ULTIPLE LESSEES, Lessor may, with the consent of any one of the Lessees hereunder, modify, extend, or change any of the terms hereof without consent or knowledge of the others, without in any way releasing, waiving, or impairing any right granted to Lessor against the others. Lessees and each of them are jointly and severally responsible and liable to Lessor under this Lease. 24. EXPENSE OF ENFORCEMENT. In the event of any legal action with respect to this Lease, the prevailing party in any such action shall be entitled to reasonable attoriley fees, including attorney fees incurred at the triaj level, includiug action in bankruptcy co un, on appeal or review, or incurred without action, suits, or proceedings, together with all costs and expenses incurred in pursuit thereof. 25. ENTIRE AGREEJ\.1ENT; NO ORAL MODIFICATIONS; NO WAIVER, This instrument constitutes the entire agreement between Lessor and Lessee. No provision of this Lease snail be modified or rescinded unless in writing signed by a representative of Lessor. Waiver by Lessor of any provision hereof in one instance shall not constitute a waiver as to any other instance. 26, SEVERABILITY, This Lease is intended to constilUle a valid and enforceable legal instrument and no provision of this Lease that may be deemed unenforceable shall in any way invalidate any otller provision or provisions hereof, all of which shall remain in full force and effect. Date~61G (,JWg Date ~4t1 l:1a~ ./ 1LH660WH5Y1A11315 REGISTERED OWNER DOWNTOWN TOWING INC 2418 N MIAMI AVE MIAMI FL 33127-4434 VESSEL REGIS. NO. \ 03/20/2001 ) f LIEN RELEASE \ \ INTEREST IN THE ABOVE DESCRIBED VEHICLE HEREBY RELEASED ./ BY MAIL TO: DOWNTOWN TOWING INC 2418 N MIAMI AVE MIAMI FL 33127-4434 TiTlE / ! l j j j I I. I' I I 111111111111111111111111111111111111111111'1111111111111'11111 I / IDENTIFICATION NUMBER 1LH660WHSY1A11315 ATISFACTORY PROOF OF OW SHIP HAVING BEEN SUBMITTED UNDER SECTION 319.23/32B.03. FLORIDA STATUTES, TITlE TO THE MOTOR VEHICLE '~~9R..-vESS!:t..DESCR~eE!). 2:!.IJ'A....IS.. vESTED -IN ~THe.-('}':'I~ER(S)--HAME!)..,~ER=!t..I ~THI~ OI=J:l("14l CERTI!=I(,A TE~'O~ =.:: Till E.i;!S'i:I~SUF=O~-:----L._~_ _ / FOR SAID MOTOR VEHICLE OR VESSEL ., .. , PRIMARY MODEL BODY VESSEL REGIS NO. TITlE NUMBER ., TL 82894416 BRAND NO OF USE PREV ISSUE DATE PROP ;."l ~ ~ DATE OF ISSUE lh:' 03/20/2001 MANUFACTURER .' REGISTERED OWNER DOWNTOWN TOWING INC 2418 N MIAMI AVE MIAMI FL 33127-4434 ,/ ,.... LIEN RELEASE "t,"llj INTEREST IN THE ABOVE DESCRIBED VEHICLE IS HEREBY RElEI\SED BY ~ ;!< '~ i~! 1ST LIENHOLDER \. NONE / , I DIVISION OF MOTOR VEHICLES TALLAHASSEE FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES ,z..~ . ~~ FREC--<'_;...D!!,,~!N!:OH;-ffi-____ EXECUTIVE DIRECTOR 7~ '~;r.; ~(,z'/:v--. y. 0 ' '/ -~' / ---'..IL.I~;.t 'T;-;::;-.::r --- ----5~~N~__~lJiI 6]3 58 DIRECTOR ~ ~ TRANSFER OF TiTlE BY SEllER " ;;, ODOMETER CERTIFICATION, - Fedoral and state law require that you state the mil..g8 in connection with the transfer 0' ownership_ Failure to complete or providing II f8ls& statement may r.sult in fines and/ or imprisonment. This title is warranted and certi'ied to be 'r.. 'rom ~ny li.ns .xcept as noted on the 'ace 0' this certificate and ~ ~ Purchaser: Address the motor vehicle 0;~~;;:~1 J:~rib.d~~~ hereby transf.rred to: ,~~ ~ I/wo "0'0 .h.. Ihi.D"s or Q ~ digit ~domotor now r..d. 000.000 B (no lonth.) Soiling Prico, $ ~ -:-,.'l;f ~ ~Do!,~fsol.i, .S, "~~ " miles, date read and to the best 0' my knowledge CAUTION: 0 1. I hereby certify that to the bas.t 0' my knowledge the odomet.r r..ding r.nects the that it r.f1ects the actual mileaq. of the vehicle described herein, unless DO NOT CHECK . amount of mileage in .xc.sso' its mechanical limits. one of the odometer statement blocks is checked. BOX IF ACTUAL D 2.. I hereby certify th.t the odometer rlading is not the actual mil.aQe.. , MilEAGE WARNING - ODOMETER 9ISCREPANCY. UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED IN IT ARE TRUE. Signature of Purchaser: Signature of Co-Purchuer; Signature 0' Sell.r: Signature of Co-Sener: (Whon Applic.blol Selling OI.I.r's license Number: Printed Name of Purchaser: Printed Name of Co-Purchaser: Printed Name 0' S.n.r: Printed Name of Co-S.II.r: Tax No. / ~ -"'-.;: ~~ ~ Name license Number: / ~ Tax CoUected: S t/!" ~ r I- I I - 41 ?-~ - - 1XKDD89X4XJ794107 99 KW .. :LE NUMBER 72558328 REGISTERED OWNER (LAST NAME FIRSn \ DATE OF ISSUE \ DOWNTOWN TOWING COMPANY 2418 NORTH MIAMI AVE MIAMI FLORIDA 33127-4434 07/24/98 1ST LIENHOLDER NATIONSCREDIT COMMERCIAL CORPORATION 9245 SOUTH WEST NIMBUS AVE BEAVER TON OR 97008 j 06/20/98 ADDITIONAL LIENS .SA.TJSEAcrORY .PRo"OF!:OF_OWNiRSHIP HAVING BEEN_SUBMITTED. UNDER:SECTI0~319.23L328.Q3.W.rOiJDA ~TATlITE$,jcTmE:J9-JtiE._'~_O..IqfuyEh.ICLE-,,--~ OR VESSEL DESCRIBED BELOW IS VESTED IN THE OWNER(S) NAMED HEREIN, THIS OFFICIAL CERTIFICATE OF TITLE IS ISSUED . FOR SAID MOTOR VEHleLE OR VESSEL MAI:E MODEL BODY KW COLOR VESSEL REGIS NO. TITLE NUMBER 72558328 IDENTIFICATION NUMBER 1XKDD89X4XJ794107 ODOMETER-DATE READ " 12 06/20/98 REMARI:S I ODOMETER - ACTUAL MILEAGE DMV PREV ISSUE DATE ,,1!l~ M:' >ERI:.t DATE OF ISSUE 07/24/98 REGISTERED OWNER (LAST NAME FIRsn DOWNTOWN TOWING COMPANY 2418 NORTH MIAMI AVE MIAMI FLORIDA 3;127~4~3~4""'.:~ &~~ ~~~ ~ 1ST LIENHOLDER DATE 6/20/98 NATIONS CREDIT COMMERCIAL CORPORATION 9245 SOUTH WEST NIMBUS AVE ~.,. ~.f'''''~ BEAVER TON OR 97008 i l. i 2ND LIENHOLDER NONE DATE ~ i:! ~ ~ .... DIVISION OF MOTOR VEHICLES ~ ~ -~-~~ -.....~_.. ,_n' __ _ _... '_'~ _. .. _,__ CHARlES J. BRANTlEY DIRECTOR TALLAHASSEE : FLORIDA DEPARTMENT OF HIGHWAY SAFETY ~~ND MOT<]R V:HI~LES ~ ~ ~ ~ 4A..~~ '3~' -". -.- -. . --- YT.Jr.L-._......:'"l. FRED.'O. DICI:INSON. III EXECUTIVE DIRECTOR TRANSFER OF TITLE BY SELLER !:l ODOMETER CERTIFICATION - F.d.ral and state law require that you state the milelgB in connection wit" thl tf.nsf~r of ownership. F.ilur. to complete or providing a fals. statement may r.sult in fines and/or imoriscnmant. .... ~ ~ This title is warranted and certified to b. fr.. from any li.n exel;!t IS noted on the face cf this :Irtificat. a"'!d tr.. nete!" veh.i:!, or vessel eucri!:et:! is t.rtby transferred to~; Purchaser: -,:'::::alS ~ I!W. state that thisD 5 or 06 digit ecom.ter cow reads I jCri-,[]t t~~ f.; :aat...:\ miles.. date read ~ ar.c te the best af my itnowll':;lil c..:.unC-k~-" that it r.flects the actual mil.aqa of t~. vafoj:le du:ribe: :-:.~III':'" """:'.51 :>0 ..0;- CP~Cl. on8 ci th. odometer state mint blocks ~s :h,c~liId.. SOX ,= .:.-:-;,:.. - z.. v;..:.:.C:: s....; ~...:i. S :Jl:. Se-:: "'i".:e1: :.--~ hJ. ~ h€ :.t:. :; -...., i-_~;"I:'if :.=.. =~:-f::'i;t' .U~:'S -1. I:~: :,.. ,-:-... :-" - ".;f: .:.. (1':1:: ,:.' .: ;;'i:"J.""J _-,:=.. ".'1-.':.. :..-..... .,"z'"' .... .::-.'.i. ..,:''-; : .:. ...... 1'":..1 -'\.1:" .!.=..~ - ::.:W~-::= : E:=.=='!"=- UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAV: R:;:"D \H: fon=G':~ :~i(UMEN !.~ "''-':'- -"E =':'':-5 S-':'-:J lk .- .:.,.:-;: T~ SiS:1atur. of Pt.:rd:uer: Sis~at;,,!r. of C".Pllrchllur; . i:" Si;~a:Ure of Seifer. Si;~lt!Jr. af Co. SeUIr: (Y.'her. Applicllble) S,~tiD9 D,.I.r's license Numblr: i':' ~ ~ ;;:0 " ~~ ~ ,. ;;;; :":"":': '1-. :. .::.~:. .:,. :..~~.:; '1..-; :. ;;i:i.;.=~:~;: .l ~' ,:<., :!~ ~ St" tt ~~ ~ ,,~ ;:. ~j!f'''-? 'i1- iI .~ c: ~S'i i:- -,ur. ,.,~. u. _: i:.i: Auction, Nllme tl:.~se Ifl!~'b-..r. .~;_. . d) . ,,} . !'t ~ I. ;<l ,() ,() '() ,. ,() :(t . !() I() '() :. 1(>> I() 'et . (t . (). () () () . . . . . . . . () . . . . . DRIVER/EMPLOYEE BACKGROUND INFORMATION '. . . . ". () . (l () :. '. '. I. I I. ;(1 '. '. l<t I I. '. I. I. '. I . . . l. let I~ '. .. I. I. I. ,. :~ '. I. () . . . PERSONNEL Please furnish below the names, present titles, dates of birth, drivers license number, addresses, and telephone numbers of all persons the Proposer intends to utilize in the performance of the contract work. NAME & TITLE DATE DRIVER ADDRESS TELEPHONE OF LICENSE NUMBER BIRTH NUMBER Dagmar Del Rosal 8/23/65 D462-176-65- ~118 N. Mi~?~ve. 110S-- ':n~ -hTn President 803-0 '::lm; FL 1 Randy Barner 4/4/63 B656-732-63 401 NW 47 Street 305-757-8431 Disoatch Manaoer 124-0 Miami. FL 33127 Timothy Del Rosal D462-816-55- 2418 N. Miami ~ve 305-796-9649 General Manaqer 12/9/55 449-0 Miami. FL 33127 Giovanna Petraglia P362-288-70- 500 NE 29 Street 786-426-1629 Office Manager 6/11/70 711-0 #1201, Miami, FL Diana Mendez 4/2/84 M532-162-84- 1747 NW 30 Street 786-443-4886 Disoatch 622-0 M;::lm; FL ~~1.1? James Sears S620-458-51- 521 SW 135 Terr. 954-257-6700 Disnatch 12/21 Is 4nl -0 'Bnx 157? D::l"; A E~ Javier Hernandez, Jr. H655-420-76- 3299 NW 100 St. None Disoatch 10/17/7 377-0 Miami. FL 331 24 Rose Hernandez n/1/7? H655-733-72 ~520 NW 13 St. 786-663-8704 D; . h 17n~ _n 1~1n M;::lm; m Josephine Flores 10/1117 F462-420-76- 2500 NW 13 St. 786-273-1558 Dispatch 871-0 #316. Miami. FL Jimmy Morejon M625-420-62- 2392 NE 197 st. 305-200-9670 Location Manager 8/18/62 298-0 Aventura, FL 3318( Lorenzo Mederos 1/1/65 M360-533-65- 1915 NW 47 Terr. 305-896-0049 Driver 001-0 M.:j.ami. FL 33142 Jorge Crespo 4/19/66 C621-420-66- 831 w. 38 Terr. 786-333-5406 Driver 139-0 Hialeah FL 33012 Daniel Lee Olive 0410-172-59- 6525 sw 110 ~ve. 786-362-3181 Driver 5/19/sq 17Q-O M;::lm; FT. ~~17~ Miguel Delgado D423-541-72- 1359 NE 127 St. 718-675-9611 Driver 11/9/72 409-0 #201 Miami, FL Earles Gonzalez G524-200-53- 299 'E. 39 Place 786-487-2258 Driver 9/3/53 323-0 Hialeah, FL 33013 Jorge Ponce-Cortez P522-420-83- 3595 SW 143 Ct. 305-397-7160 Driver 10/13/8 373-0 Miami, FL 33175 Francisco Soto S355-240-66- 2316 Bay Dr. W 786-290-9670 Driver 4/10/66 1 30-0 #1, Miami Bch. FL Hector Trejo T620-330-78- 19499 NE 10 Ave. 305-300-7019 Driver 7/23/78 263-0 # 114, Miami, FL Robin Marin M650-720-81- 4060 NW 5 St. 786-469-0610 Driver 10/14/8 374-0 Miami, FL 33126 David Afridonidze A 163-160-63- 300 Ba~iew Dr. [;786-488-3454 Driver 05/14/63 174-0 ~(~'i~1 unny Isles Beh 160 ATTACHMENT "E" 29 . . () . Ie () (t ,<l I- ,e .() I. . . . () . () () e () . . . . (t () () <t . . . . (), . . . . . () () . r\ ~--' ....~ .,.,.- ep..."", 01...... _"'!li'ER ....." ", ' "- ''', --." or ~"CGn!lhrut" ""'M\:IiTE>RC':f"C[~~':.- """""'0"" .-""1:....r5(!) - y.... '-..edbr__. ~... _._~------ _~;,-_. ,,'" _ ~ ...,.",~,,~':II:ll"'" ~-=_.-... , \ I EMPLOYEE-TOWTRUCK SERVICE DADE COUNTY CONTRACTOR TOWING Downtown,Towing ~NGSE~CECOMPANY DelRosal Da~mar R _ I.AS1' NAME AR MI 2418 N.Miami Ave ADDRESS 08/23/65 5'8 135 0.0.6. tiT wr D462-176-65-803-Q I . " .~' T -814 CARD NO. expires One Year From'Date Issued 114,01-429 9J94 ... I o . . . .e . . <>> . '(I '. '. . () . . (t () . () ~ . . . () <t . . . . . . () () . () () . . . . . . ) .~.. ~.::ii.; -"I- . ... - ....e~-!:.)tS\J.'.- . Oper..... of amotcw .,.....~iiur" 0CIIneenr to -..sabriMr!Ml f"4IQlIWadbW'''' . , ~ - . - .................. "'\:::;;. -'1ii;;,,;,';:;-~_=-__..___~ - .~ '-: 1 ~ ~) EMPLOYEE-TOWTRUCK SERVICE DADE COUNTY CONTRACTOR TOWING ~ Downtown Towinq lOWING SERVICE COMPANY ~lN~~sal ~R~moth~, 2418 N. Miami Ave ADDRESS 12/09/55 615 280 0,0.8. HT WT D462-816-55-449':"'O, Fl~' DRIVER'S UCENSE NUM81;R .,~/74~A/ LJ// I U rY j/ SIGNATURE ,~ r / Issued by Metro-Dade Police Dept. 32.15.01-17 . I '103/12/10 I T -813 DIUE ISSUE CARD NO , expires One '$ar From Date Issued , 114D1-429 9/94 () ~~ () (t ct o o <l . o () () . <t () . <l o () () , (t (t. . () () (t . () () <l () . o () . () o . . .- <t . . '\' :.. I . j I ~" L.-~- ... n:~ .. Ii" . I I I I . I , . - .~...... ,,;#:..,~'Ut;. ,,-r- ~:--- . .~. I . ~~ ". l1li, EMPLOYEE-TOW TRUCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING DOWNTOWN TOWING TOWING SERVICE COMPANY '..1 PETRAr,T,IA ~OUAN~-A' LAST NAME FIR ... , I 710 NE ?q ~TREETI ADDRESS I 0fi/l1/70 5'0 167 I D.O.B. HT. WT P FLO '. II I I I , Expires One Year From Date Issued 114.~429 2/00 Issued by Miami-Dade Police Departl\1ent 32.15.01-17. ), - -~ . " . . . . . . . () . () . . . . . -e---... . () . . . . . . . . . . . . . . . . . . . . . . . . . .- lit WLY= U [[[tmat t"1ls'[Qry lnronTE..Lfon on the [ntE:!T~Et . ' of 1 Pa.ge FLORlDp.. DEPARrt\~EJ\rr OF LAVJ EJ~FORCEfVlEf\rr CRlrv1~NAL HISTOR'l ~NFORIVIAT~ON Sear~,h l1Grhia's (:'ritn-it~i.~l l-lls.:',:)rff:::5 ~;tl::\P 5 ()f .5 Your Search Resu!ts rour 5ezrd'l Criterta Ffrst !"iiddle Date of Birth Age Race Sex SSN last -Name-.. -- ---- - ----- -GICr\t~J\!~t~'~~-"'--P;AKL1ET'--P~Et''i:t~?tGI:]:ji<< --- -061 L:t 9~7Q; r 7'5;9<668,2.,7'8- Vit Maiden/ Alias FDLE fou:nd NO FkvddQj Crlrli.[nuaL li.fstorv based on the Etlformat1on: provided. No cr~m1[1ia[ record check was corrtducte:d for ot[ter states or for the FBI-ThEs record (or statement that there 1s not Ci record) is based on a request from a member of the public. This Ctlstomer used the FDLE Enternet system to search for the Florida record. FDLE is providing; this to resp10riJd to t!ie customer's req u:est. Helo understandina these results r,l .~" .....".,.-::: ;\:;2;3,::::;/ ;'~!S(l i<nuvvn ;...s f>Cb S~;I~ S:::x Race He~qht t::v~:: Hair V/E:lght Print Email Results to: Search Criteria , i-, ",',' ,', r 1/..2 , -::! f "~ , S.~ c.~~ c , fi . ') S , r-- ( r-~ f 1"; F ~. .' r ,- ~ i- ;; I'" n i ~ ;:1 -- C ;: C ,..~ V '- _. I" , _ _! '- ~, . ~ ~_ 1_ ,l.: ~ L t:: _ , ,", _ !_ , , = 21: .'=-'~.~8 r-,::: . . .' . . . . . . . () . . e . . -.-- . . . . . . . . . . . . . . . . . . . . . . . () . . . ;rULt.::.. Utrn:r12J l"'1iSWI'V ItlTOITtl2J:lon on t!iE lnte[TtE:~ . ." FLORfDpi DEPt\Rr~i1ENr OF Lt\VV Ef\tFOI\CEr~llEt\tT CRIMIr-JAL HISTORY fNFORMATiON ,$'!-?CJt({1 Florfo1a\ (~rirn;r~[j-l rH)f.~)ties ...... Page of 't :-:;r:er:: Dr.:> Recerpt . P'~iSase save thES receipt for your records or retaEri t~e Transaction ID Number, This is on!v your receipt. To view the results of vour search continue to the resuit's page. Ct.;stomer I:nformatir.:H1 Transaction ]:nfofrnat:~or~ DOW[\JTOWr\l TOWING 2418 N fViIAfv'i I AVE rViIArvJI, FL 33127 2584518 20706180 025623 Transaction ID# Confirmation # Authorization # Amount Charged $2.3.,O'(} Time of Transaction 3/26/2008 11: 12: 22 AIVl \{Ottt" S>:::a'n::[.~ Crtt>2t~a First I"iiddie Date of Birth A.ge Race Sex S5!\! Last Name Maiden/ Alias GIOVAI\!r\lA HARLET PETRAGLIA 06111970 w F 769668278 i"':'~!:jS' r I. ~\"'\~/" ~ , " ,. _,. '-, ~t=..~>=, :,t :c;.-; (:r.l E.;';: ~ R.i2_CE 1 ;~"-:. ~s f:':'/ '::: 'rr:-r;f",(::';. ___'-'-"11_1. - - - . -.. ~. ,-. - L () l L ,-,'.., C I ,ct . . . . . . . . . . . . . . . . . . .' . .. . . . . . . . . . . . . . . . . . . . . . . " ... t' ~ .-----.--- ------ .. . - - .-.. .. - - - - - I II c , d I EMPLOYEE-TOWTRUCK SERVICE DADE COUNTY CONTRACTOR TOWING Downtown Towing lOWING SERVICE COMPANY Mendez Diana B LAST NAME FIRST MI 1417 NW qq st. ADDRESS 04/02/84 5'6 21:)0 D,O.B. HT WT M532-162-84-622- FI.: DIVER'S LI SE NUMBER 03-18-1~ r-816 II DATE ISSUE CARD NO. I 1,\ Expires One Year From Date Issued . 114.01-429 9/94 --- -- -- -- . . . . . . . . . . . . . . .- . . () . . . . . . . . . . . . . . . . . . . . . . . .--.,-. ....:_;:0.. ~ ~'-'L-J vLHlllnaI HIStOry Information on the Internet Page 1 of 1 ~~ FLORIDA DEPA.crrMENT OF LAW ENFORCEMENT { .'l CRIMINAL HISTORY INFORMATION '\:.. i' ',,-- Search Floridas Crimihi'll Histodes T rJ,tCc~: StEp "; of.s Receipt Please save this receipt for your records or retain the Transaction 10 Number. This is only your receipt. To view the results of your search continue to the results page. Customer Information DOWNTOWN TOWING CO 2418 N MIAMI AVE MIAr-lI, FL 33127 Transaction Information Transaction ID# Confirmation # Authorization # 4075316 C0499402 137336 Your Search Criteria Time ofTransaction 7/15/2010 3:17:53 PM Amount Charged $24.00 First Middle last Date of Birth Age Race Sex SSN Name Maiden/ Alias DIANA B MENDEZ 04021984 593267245 W F '.;,-.,,-\;,'~ ,lclc .~:L:e ,iJ, '..:5 ('('bi:le: 'CCE Cb:irgeReceipu.spx . . . . . . . . . . . . . . -. ------ . . () . . . . . . . . . . . . . . . . . . . . . . . . . J..-.c:'-~~..::::n::"i.in"J....iIl.4."r-'.L"'.L~"~J..-;-.LJ.:..L.I::OLJ,:.l..lL.4.cr~V~L~l.l.""""nJ.""'''' L-~,;::,-".l ~./..L:J. .~ FLORIDA DEPARTMENT OF LAW ENFORCEMENT . If ~l CRIMINAL HISTORY INFORMATION I:' ,,:1 \ "/ '" Search Florida's Criminal Histones T fl.ltC\ Step S of ::; Your Search Results Your Search Criteria First Middle Last Date of Birth Age Race Sex SSN 593267245 Name DIANA s MENDEZ 04021984 w F Maiden/ Alias The information being returned from the Criminal History Information Website is a result of -- a name-inquiryonly.- It- contains information -on. Florida-arrests- only;no-out;..of;..state- arrests..-- are shown. Positive identification can only be verified by submission of a fingerprint card and comparison by FDLE. Check the record(s) that most likely apply to your inquiry. If none of the records returned match the individual you are searching for, please select the None of the Above button below. HelD understandino these results r'J;::rnp !.'di(I~;e5j Ns\:. l<nown A~:' DOE< ~:SN ~.€~ '< R<~ce heiuhl: V10iClj"lt EYi:= i"I(lir MENDEZ, DINIA 19850908 F W 501 140 BRO BlK , Noneofthe.Above~ Print I Home! DispliiyHistorY . New Search l'lt:;;s :.I/'\i,__,\~\\'~ .Idle .st2.-..e .:1. US,/Ccb.:l:e~..- C'(~'.I-IC~:i:::d-2I~S ,::Spx in 5 '201 0 , . . . . .' . . . . . . . . . . . . . . . . . . . . e1' e . . . . . . . e e . . . . . e I' { I ~ f ~GAN~ Oper allon of a motor vehocle constitute. consenl 10 any sob...ely Ie.. required by 1_. "I. ,.... ". I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . () . . . . . \' . f> . ~>~~ ~. .;; . ~ --- ------ -- ". . . EMPLOYEE-TOWTRUCK SERVICE DADE COUNTY CONTRACTOR TOWING ~~p~~wi'ng ~~~1Ja nnf=lF~~ Ros~ ' II 25.50 . NWl 3 St"., ADDRESS ~ 41- I' 61 0 3/ 7 '} 5" <1 I 15 t:L D.O.B. HT WIl- I 04/23/101 T 828 FH6j~~lR~~-~St;;Z,Qi'-0 DATE ISSUE CARD NO. I i Expires One 'mar From Date Issued 114.01-429 9/94 . '. () (l . ( ~ () () o e. el (t () <t . . <l () . () . (t .' (t (t () () () Cl <It <t () (t () () (l () . . . . () o . ~ . :l---t"_ -- --...---- - - - - -- EMPLOYEE-TOW TRUCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING DownTownTowing TOWING SERVICE COMPANY Delgado ~ Mj,gl1P 1 A 1LA&J ~~ME 1< FIRS MI j~~ NE 127f},'St ADDRESS:. 11 Ij. ~ 11-09-72 l'7 I~ I9'~'~3-541- ~-40 -0 .1 12-23-09Ir -792 DATE ISSUED EMPLOYEE # Expires One Year From Date Issl,led 114,01;4292/00 " ~.... -...- -- - _ ~J _,__ __J , " . I. . . . . . . . . . . . . . -. . . . . . . . . . . . . . . . . . . . . . . . . . . " - -- ~uHHUUl Hl~lUIY lllrormatIOn on the Internet Page 1 of 1 FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION Search Florida:S- Criminal Nis[ofies f" $, l C (J !It. Step ., of 5 Receipt Please save this receipt for your records or retain the Transaction ID Number. Tl7is is only your receipt. To view the results of your search continue to the results page. Customer Information Transaction Information DOWNTOWN TOWING CO 2418 N MIAMI AVE MIAMI, FL 33127 Transaction 10# 4075238 Confirmation # C0499294 Authorization # 120542 Time ofTransaction 7/15/20102:59:08 PM Amount Charged $24.00 Your Search Criteria First Middle Last Date of Birth Age Race Sex SSN Name Maiden/ Alias MIGUEL DELGADO, 11091972 W M 293925107 7' 1 age-rOT.... . . . . . . . . . . . . . . ...--- . . . . . . . . . . . . . . . .0 . . . . . . . . . . . . FLORIDA DEPARTMENT OF LAW Er>lFORCEMENT CRIMINAL HISTORY INFORMATION ~ See.mh Florida~. Crimina! ..-iistories f ,I. l t l} '" Criminal History Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN T FC.DLE/3828056.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN T SID NUMBER: 3828056 PURPOSE CODE:P PAGE: 1 BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, _._________.____ - ."-K-NEW-COFY SHOULD-BE-REQUESTEb-W-HEN-NEEDEO--ioF:--FUT-URE USE FLORIDA CRIMINAL HISTORY STATE ID NO. FBI NO. FL-03828056 NAME 5' 06" WEIGHT 150 EYES BRO HAIR BLK DATE REQUESTED 07/15/2010 BIRTH PLACE SKIN DOC NO. MM DELGADO, MIGUEL A SEX RACE BIRTH DATE M W 08/11/1971 --CONTINUEDu HEIGHT SID NUMBER: 3828056 PURPOSE CODE:P PAGE: 2 FINGERPRINT CLASS 13 01 AA 14 07 14 AA 01 07 09 OCCUPATION LBR SOCIAL SECURITY NO. XXX-XX-9461 MISCELLANEOUS NO. SCR/MRK/TAT ADDRESS LITOS APTS HWY 27N CITY/STATE AVON PK, FL ----------------------------------------------------------------------------- AKA DOB SOC SCR/MRK/TAT ----------------------------------------------------------------------------- CORNADO, ROBERTO M C, ROBERTO MIRDES DELGADO-GONZALEZ, MIGUEL 04/29/1972 04/29/1975 XXX-XX-4227 ------------------------------------------------------------------------------ --CONTINUED-- SID NUMBER: 3828056 PURPOSE CODE:P PAGE: 3 ARREST- 1 10/17/1993 OBTS NO.-0003285714 ARREST AGENCY-AVON PARK POLICE DEPARTMENT AGENCY CASE-5631 CHARGE 001-SHOPLIFTING- STATUTE/ORDINANCE-FL812.014 BOOKING STATUS-HELD CHARGE 002-RESIST MERCH WO VIOL STATUTE/ORDINANCE-FL812.015 BOOKING STATUS-HELD (FL0280100) OFFENSE DATE-I0/17/1993 LEVEL- LEVEL- JUDICI.L.L- .L.GE:NCY-:;IGELUWS COUl\TY COURT CFJ.RGE 001 -COURT 2EQ (FL028013J) COJ~',~ l~:'. -11~2{C' S:::'2 S 1?12:): bnps) \,,-\\-\\.,2 .fd!e.ST2'ce.f! .us/c.:l:iliet IC C}--n-{isror:\'.2.s:~;: - :~. t:.~: 1:1 ~~ ,-,uUHHCl1 ulswrrfr[fornfatioh on ttie Internet . . . . . ~ . () . . . . () . .-' . () . . . . . . . (t . () () . . . . . . . . . . . () . . . SUPPLEMENTAL ARREST DATA- --CONTINUED-- SID NUMBER: 3828056 PURPOSE CODE:P PAGE: STATUS- LEVEL-MISDEMEANOR, COURT DATA-SAME ,SHOPLIFTING- PETTY STATUTE/ORDINANCE-FL812.014 (2D) LEVEL-MISDEMEANOR,2ND DEG STATUTE DESCRIPTN-GRAND THEFT OF DWELLING 100 LESS 300 DOLS DISP DATE-01/07/1994 DISP-GUILTY/CONVICTED COUNSEL-OTHER TRIAL-NONE PLEA-NOLO CONTENDRE SENT DATE-05/26/1994 CONFINEMENT- -OlM ,JAIL PROBATION-06M FINE- $191 COURT COST- $38 CHARGE 001 -COURT SEQ COURT NO.-1MM0931306A1XX SUPPLEMENTAL ARREST DATA- --CONTINUED-- ~ID--"NUMBER :----38 28 0 5 6 ,,_uPURPOSE"'CC)[)E': P PAGE: 5 STATUS- LEVEL-MISDEMEANOR, COURT DATA-SAME ,LARCENY- PETIT RETAIL THEFT STATUTE/ORDINANCE- LEVEL-MISDEMEANOR,2ND DEG DISP DATE-11/23/1993 DISP-GUILTY/CONVICTED COUNSEL-OTHER TRIAL-NONE PLEA-GUILTY SENT DATE-11/23/1993 UNKNOWN - FINE- $50 COURT COST- $141 CHARGE 002 -COURT SEQ COURT NO.-1MM0931306A1XX SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-MISDEMEANOR,lST DEG COURT DATA-SAME ,RESIST RECOVER STOLEN GOODS --CONTINUED-- SID NUMBER: 3828056 PURPOSE CODE:P PAGE: 6 STATUTE/ORDINANCE-FL812.015(6} STATUTE DESCRIPTN-IN RECOVERY OF DISP DATE-11/23/1993 COUNSEL-OTHER TRIAL-NONE SENT DATE-11/23/1993 FINE- $191 LEVEL-MISDEMEANOR,lST STOLEN PROPERTY DISP-GUILTY/CONVICTED PLEA-NOLO CONTENDRE DEG COURT COST- ------------------------------------------------------------------------------ ARREST- 2 01/13/1997 OBTS NO.-0009468402 ARREST AGENCY-ORLANDO POLICE DEPARTMENT AGENCY CASE-210478 CHARGE 001-BURG CONVEY STATUTE/ORDINANCE-FL810.02 (FL0480400) OFFENSE DATE-01/13/1997 LEVEL-FELONY ------------------------------------------------------------------------------ --CONTINUED-- SID NUMBER: 3828056 PURPOSE CODE:P PAGE: 7 hRREST- 3 04/30/1997 OETS N0.-0009290290 hRREST .L~GENc:Y-J;.CI\SOl\V:!JLE SHERIFF IS OF'FZCI: fFLC2.60DClC) l:r:;:s: i 1-,; -,;,,:,2 ,fdie ,5::::::-: .~~ 'J.s'c.cl:inet/( (EHis:'~T/ .:'5']:>:>: Page 2 of 4 7lI5/:Cj~O ~ ~~L.J ---rlltr>Ticrr-.t-.iTh1:0f"".rrnronn-aClOn-orrmc:;-nlTernel Page 3""'Or4 '. . . . \I (t .. f) . (t . . . . -.... . () . . . . . . . () . . . . . . . . () . . () . . () . . . AGENCY CASE-541358 CHARGE 001-LARCENY- PETTY STATUTE/ORDINANCE- OFFENSE DATE- LEVEL-MISDEMEANOR JUDICIAL- AGENCY-DUVAL COUNTY COURT CHARGE 001 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA- (FL016013J) COURT NO,-161997MM024607AXXXMA LEVEL-MISDEMEANOR,2ND DEG LARCENY- PETIT THEFT nCONTINUED-- SID NUMBER: 3828056 PURPOSE CODE:P PAGE: 8 STATUTE/ORDINANCE-FL812.014 STATUTE DESCRIPTN-THEFT DISP DATE-05/01/1997 COURT DATA-LARCENY- LEVEL-MISDEMEANOR,2ND DEG DISP-N/A PETIT THEFT '-...----.,dSTATUTE/ORDINANCE~FL812 ;'014 _d. STATUTE DESCRIPTN-THEFT DISP DATE-05/01/1997 COUNSEL-SELF TRIAL-NONE SENT DATE-05/01/1997 CONFINEMENT- -02D UNKNOWN - SUSPENDED SENT- 2D _,__m ----tEVEL=-M:i: S DE.MEANOR-;-2ND-[lEG- DISP-ADJ WITHHELD PLEA-NOLO CONTENDRE ,JAIL CREDITED TIME- --CONTINUED-- SID NUMBER: 3828056 PURPOSE CODE:P PAGE: 9 PROBATION-02D FINE- COURT COST- $100 ------------------------------------------------------------------------------ THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLORIDA STATUTE 119.071(5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS --CONTINUED-- SID NUMBER: 3828056 PURPOSE CODE:P PAGE: 10 NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- h:~I:,~: !\.i\-,\~.,l -r>~l.::::! '~~..'e ....':'j ~~,//"''''hT'''~I':': 'crHP"~cf'r')r'''. r:.,~a",: \1 ._-.J_'o"..;.- \"..~...._. ',~_,."",,_-, ,,"'I...~........._...... ''-."r..........;.-'.,l~.\...+-..:~...'L 7/j5/:010 I . '. I . . . . . (t . . . . . . -.---' . . . . . . . . . . . . . . . . . . . . () . . . () . . . ..... .-.r,~.._o._ ............. U.,l..L.J..J,J.(..,u. .l.L.i~)l.vi""""'1."1."'iurli1at"it:"IT"uirUl~Ti'[errlvl.. rage-'-tDl 't Print History I .....J Email History to lloOWNTOWNTOWING@ Sack _ New sear~~~ Home k---~-,c:.I;'J~~-J'') r,,1. ,;'CTO f] Jlc:/~c!-t;~-iet!('CFH;:::f,,,~-- "~"Y _~~l~""_"1 \\, \'_'~"""",C"'_'.........o.-"",'':_ .-- \,., '-.......... ,.... -' '........ ......._......J...\ ._~,t-'..~ 7/1 5 ':C 1 (I () ( , . ( .. ~ , ( , ( , ( ~ () < ~ () ( ) ( . ( ) ( ~ < ~ (~ (. ( . (. <.' (. (~ () ( ~ ( , ( ) ( ) ( , ( " ( ( , ( , (; ( , (~ (. I , ( ) t., ~~ '-' <.:; - ., , " "'" ,. ----- - - 'I I! II 1 ~ EMPLOYEE-TOW TRUCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING Downtown Towing TOWING SERVICE COMPANY , : Hernandez, JnV;p-r LAST NAME FIRST' MI 3?Qq row 100 ~t Mia ADDRESS - 'l 1\ 10 / i 7 / 7 6 ~ "9 ,)\ [12 7 ~ 1 i D.O.~. I' T.' J WI I H655~,42Q'-7 G-3 77 -0 ' FLO . 'R ERrS L1CENSEiNUMBER , .(a#/~' /J - :- 'I ~ ~ I , I II II I JI I I o 7 / 14 / 1 0 tT -75 3 DATE ISSUED EMPLOYEE # i I ~ SI Issued by Miami-Dade Police Department 32.15.01-17 Expires One Year From Date Issued 114.01-429 2/00 __-- I " (" I I I I '-1 . I ~ I I I I 'I '\ ' ~. '. I. Ie '. . . . . <J . . . . -e----- . . . . . . . . . . . . . . . . . . (t . . . . . () . . . FDLEJ::dminal History Information on the Internet ~ . ~ ' FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION Search F-1orida's [n'mina! Nistories rA~Ct,;.~: StEP ., of 5 Receipt Please save this receipt for your records or retain the Transaction ID Number. This is only your receipt. To \liew the results of your search continue to the results page. Customer Information DOWNTOWN TOWING CO 2418 N IvlIAtvlI AVE MIAMI, FL 33127 Your Search Criteria First Middle Last Transaction Information Transaction ID# Confirmation # Authorization # 4075301 C0499378 166876 Time of Transaction 7/15/20103:13:41 PM Amount Charged $24.00 Date of Birth Age Race Sex SSN Name Maiden/ Alias JAVIER HERNANDEZJR 10171976 W M 265798461 ,._ ~-~,"\;"'-' '.: ~_": ,,': .'; ~... -: lA c; ~~ ~ f'1 "I i': '!...... ~"': ~ or-; ~~ f (-.rLT rh:;: 1"(} f 'Q e-.(:,e ~ T".r, 83~lX Page 1 of 1 T - } 1 ',/~ ( 1 { 111_ ,.;Jl d . .. I. Ie '. I. . . . ft . . . . e- . . . . . . . . . . . . . . . . . . () . . . . . . . . . FDLE Criminal History Information on the Internet Page 1 of4 ~ ~ FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY iNFORMATION Searr..h Florida's Crimit1~I! l-lis!ories f ,l :.. r c ~ Criminal History Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN T FC.DLE/93247004.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN T ..~-,-.SID-- NUMBER :.,- 93247-004.--_upURPOSE-.CODE: pu__.__.., ,-..PAGE :_.n,_ 1:-- BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE FLORIDA CRIMINAL HISTORY STATE ID NO. FBI NO. NAME DATE REQUESTED 07/15/2010 SKIN DOC NO. HERNANDEZ, JAVIER JR SEX RACE BIRTH DATE M W 10/17/1976 --CONTINUED-- FL-93247004 HEIGHT WEIGHT EYES HAIR BIRTH PLACE 5'07" 215 BRO BLK FL SID NUMBER: 93247004 PAGE: 2 PURPOSE CODE:P FINGERPRINT CLASS SOCIAL SECURITY NO. XXX-XX-8461 MISCELLANEOUS NO. SCR/MRK/TAT TAT LEG IN AFIS - 3 OCCUPATION TOW ADDRESS 874 W 69 PL CITY/STATE HIALEAH, FL AKA DOB SOC SCR/MRK/TAT HERNANDEZ, JAVIER XXX-XX-8461 TAT BACK TAT ABDOM TAT L ARM --CONTINUED-- SID NUMBER: 93247004 PAGE: 3 PURPOSE CODE:P TAT R ARM ARREST- 1 11/16/1999 OBTS NO.-1304027651 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0613724 (FL0130000) OFFENSE DATE-07/08/1997 CHARGE 001-COUNTY ORDINANCE VIOL- BW MARIJUANA POSSESSION COUNTY ORDINANCE ARREST- 2 11/17/2004 OBTS NO.-1304760142 }>.?,REST hGENC;'-t{I.L.M:-D.Z,DE ?O:'ICE DEPARTMEt.J'I' (FL013000D) AGENC;' CASE-0612724 OFFENSE DATE-09/~2/2004 C:-:F-.F~GE:: C1D~-E.K. T,:W~:N': VIOLf:.':"ION 'JF S..r~FI:'I':' .sl..z..N~F-_~.DS ::r:;::s: ','.-,J,-\:,-~ .:c)e ,5':2te ,:.1. '..:5, cebEl:::' C CHHislC':,' ,25;JX -,.:~/:O}O '. . . . . . ,e I() ,. Ie I. . . . .--- . . . . . . . . . . . . . . e . . . . . . () . . . . . . FDLE Criminal History Information on the Internet Page 2 ~f 4 --CONTINUED-- SID NUMBER: 93247004 PURPOSE CODE:P PAGE: 4 ARREST- 3 03/29/2006 OBTS NO.-1303135137 ARREST AGENCY-MIAMI POLICE DEPARTMENT AGENCY CASE-0613724 CHARGE 001-LARCENY- PETIT THEFT STATUTE/ORDINANCE-FL812.014 (3A) CHARGE 002-COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE-FL893.13(6A) CHARGE 003-MARIJUANA-POSSESS- CANNABIS POSSESSION 20 GRAMS OR LESS STATUTE/ORDINANCE-FL893.13(6B) CHARGE 004-DRUGS - EQUIP - POSSESS- --CONTINUED-- (FL0130600) OFFENSE DATE-03/29/2006 LEVEL-MISDEMEANOR,2ND DEG LEVEL-FELONY ,3RD DEG LEVEL-MISDEMEANOR,lST DEG SID NUMBER: 93247004 PAGE: 5 PURPOSE CODE:P DRUG PARAPHERNALIA POSSESSION W INTENT TO USE STATUTE/ORDINANCE-FL893.147 (1) LEVEL-MISDEMEANOR,lST DEG JUDICIAL- AGENCY-DADE COUNTY COURT CHARGE 001 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA- ( FL013053J) COURT NO.-132006MM0163780001XX LEVEL-MISDEMEANOR,2ND DEG LARCENY- PETIT THEFT STATUTE/ORDINANCE-FL812.014 (3A) STATUTE DESCRIPTN-PETIT THEFT 2ND DISP DATE-03/29/2006 COURT DATA-LARCENY- --CONTINUED-- LEVEL-MISDEMEANOR,2ND DEG DEGREE 1ST OFFENSE DISP-N/A SID NUMBER: 93247004 PAGE: 6 PURPOSE CODE:P PETIT THEFT STATUTE/ORDINANCE-FL812.014 (3A) STATUTE DESCRIPTN-PETIT THEFT 2ND DISP DATE-03/30/2006 COUNSEL-PUBLIC TRIAL-NONE SENT DATE-03/30/2006 AGENCY-11TH CIRCUIT COURT - MIAMI CHARGE 002 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC Dl'.TA- LEVEL-MISDEMEANOR,2ND DEG DEGREE 1ST OFFENSE DISP-ADJ WITHHELD PLEA-GUILTY (FL013025J) COURT NO.-132006CF0099380001XX ,3RD DEG LEVEL-FELONY COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE-FL893.13(6A) ,3RD DEG LEVEL-FELONY --CONTINUED-- SID NUMBER: 93247004 ?;'~G:S : 7 PU?,?OSE CODE:? STATUTE DESCRIPTN-CNTRL S0S WO PRESCRIPTION ~ISP D~_TE:-O~/2S/::006 JIS?-l;;~. COURT DA~A-COCAINE-POSSESS- h:-qs:., v,-,',-,'::',:-C:; .:::t2.;e .I1.US r:xhine:JCCS:His;or:.' .2.SPX 7, ] 5 '20] 0 . . . ,- .. I. Ie Ie i. ,. . . . . e--- . . . e . . . . . . . . . . . . . . . . . . . . . . . . FDLE Criminal History Infom1ation on the Internet . COCAINE POSSESSION STATUTE/ORDINANCE-FL893.13(6A) STATUTE DESCRIPTN-CNTRL SUB WO DISP DATE-05/19/2006 COUNSEL-PUBLIC TRIAL-NONE SENT DATE-05/19/2006 CONCURRENT ,F06009938 CHARGE 003 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY ,3RD DEG PRESCRIPTION DISP-GUILTY/CONVICTED PLEA-GUILTY COURT NO.-132006CF0099380001XX LEVEL-MISDEMEANOR, 1ST DEG --CONTINUED-- SID NUMBER: 93247004 PURPOSE CODE:P PAGE: 8 PROSC DATA- MARIJUANA-POSSESS- CANNABIS POSN 0 20 STATUTE/ORDINANCE-FL893.13(6B) LEVEL-MISDEMEANOR,lST DEG STATUTE DESCRIPTN-NOT MORE THAN 20 GRAMS DISP DATE-04/28/2006 DISP-N/A COURT- DFi:rJ\-.:.MARIJUANA=l'OSSESS:;.----n-'nn .nn__ -, -, ---- -----,,-----'- --- _n____ ----- CANNABIS POSN 0 20 STATUTE/ORDINANCE-FL893.13 (6B) STATUTE DESCRIPTN-NOT MORE THAN 20 DISP DATE-05/19/2006 COUNSEL-PUBLIC TRIAL-NONE SENT DATE-05/19/2006 CONCURRENT ,F06009938 LEVEL-MISDEMEANOR,lST GRAMS DISP-GUILTY/CONVICTED PLEA-GUILTY DEG nCONTINUED-- SID NUMBER: 93247004 PURPOSE CODE:P PAGE: 9 (FL013015A) COURT NO.-132006CF0099380001XX AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-MISDEMEANOR,lST PROSC DATA-INITIATED BY PROSECU,DRUGS - EQUIP - POSSESS- DRUG PARAPHERNA POSN STATUTE/ORDINANCE-FL893.147 (1) STATUTE DESCRIPTN-AND OR USE DISP DATE-04/28/2006 COUNSEL-PUBLIC TRIAL- DEG LEVEL-MISDEMEANOR,lST DEG DISP-DROPPED/ABANDONED PLEA- ------------------------------------------------------------------------------ ARREST- 4 08/31/2008 OBTS NO.-1301201770 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT nCONTINUED-- (FL0130000) SID NUMBER: 93247004 PURPOSE CODE:P PAGE: 10 OFFENSE DATE-08/31/2008 AGENCY CASE-0613724 CHARGE 001-COUNTY ORDINANCE VIOL- BW TOWING MANIFEST TRIP RECORDS VIOLATION CHARGE 002-COUNTY ORDINANCE VIOL- BW TOWING VIOLATION OF SAFETY STANDARDS CHARGE 003-COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE-F~893.13(6A) LEVEL-FELONY ,3RD DEG JUD:CIJ:;.:'- (E"~01302.5~.) ~~GENCY-2T1-::';: ]-.':'':''J?J~;:Y IS O:'rI':E l,,--.."'\.... ' '; -:;"'., -"') r :'" \=- e-, M, '" ',-',' ',.', -, ''''':-,"1.':, ','-', C-,' jr'L~LJ, ,T T ~ ~~ 01''"'''' ~ ..~ ;:"-" .- ~ L~.-~:::-',. h \\\,..:...l\.l!\r._....c:......-.. .......~,~........~_.l....#"-'... "- ,..~r-.Ll:~!. ...' ';;;"'::1'...'\ Page 3 of 4 -;1~,l2010 . '. '. '. I. . . . . . . . . . ed---m . . . . . e . . . . . . . . . . . . . . . . . . . . . . FDLE Criminal History Information on the Internet ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- COURT NO.-13200BCF0321340001XX LEVEL-FELONY ,3RD DEG --CONTINUED-- SID NUMBER: 93247004 PURPOSE CODE:P PAGE: 11 PROSC DATA-INITIATED BY PROSECU,COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE-FLB93.13(6A) LEVEL-FELONY ,3RD DEG STATUTE DESCRIPTN-CNTRL SUB WO PRESCRIPTION DISP DATE-09/22/200B DISP-DROPPED/ABANDONED COUNSEL-PUBLIC TRIAL- PLEA- ------------------------------------------------------------------------------ ARREST- 5 06/01/2010 OBTS NO.-1304921078 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0613724 CHARGE 001-BATTERY- BATTERY-DOM VIOL - -----,------ ----STATUTE/ORDINANCE"-FL78 4-. 03--m-------- --CONTINUED-- (FL0130000) OFFENSE DATE-06/01/2010 _.__LEVEL-MISDEMEANOR,lST__ DEG _____ SID NUMBER: 93247004 PURPOSE CODE:P PAGE: 12 ------------------------------------------------------------------------------ THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLORIDA STATUTE 119.071(5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. --CONTINUED-- SID NUMBER: 93247004 PURPOSE CODE:P PAGE: 13 EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- Page 4oC4 Print History Email History to IloOWNTOWNTOW'NG@ Back New Search l-,Eps: /vN,",,,2,:fdle .SLC:l~,tl, US,'CClline: CCBEis:,SY,2SpX '"'.} :/:010 EMPLOYEE-TOW TRUCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING ... TO~~~~~V?c:rebM~~l ing ~idon1f~c Da~~di rs IS,!M~~ S t a Ptl~ AOOR~S u I u:>-.LI;;l,-63 6 I 235 ~ Rft3-l o-g~-i~ ~ FLORIDA DE' ICEf\lSE NUMBER I () (, . I ( ~ ' I () () () I- I" ,. :. . . (t () () . () . () (t' . . <t . . () o () () (~ o () () . () . <t () . . . . . I r I I 07/14/.10 IT -752 DATE ISSUED EMPLOYEE # .) Expires One Year From Date Issued . 114.01-429 ~oo , 'L_--.. SIGNAT Issued by Miami-Dade Police Department 32.15.01-17 II I', \ -j if II :..1 ! ~ , -I - ........-.._- -- - il jJ ,r.... l''DLE Criminal History Information on the Internet . '. .. !. I. I ,. . e . . . . . . 1__- . . . . . . . . . . . . . . . . . . . . . . . . . . .. . '-,-,--,,' .l... ~'~j_'-"" ~ FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION 5eanf! Florida's Criminal Histories Page 1 of 1 T Step ": of S Receipt Please save this receipt for your records or retain the Transaction ID Number. This is only your receipt. To view the results of your search continue to the results page. Customer Information Transaction Information DOWNTOWN TOWING CO 2418 N MIAMI AVE MIAMI, FL 33127 Transaction ID# Confirmation # Authorization # 4075219 C0499269 123107 Time of Transaction 7/15/2010 2:53:54 PM Amount Charged $24.00 Your Search Criteria First Name Malden/ Alias Middle Last Date of Birth Sex ssN Age Race Unknown 126767288 DAVID AFRIDONIDZE 05141963 M ',;.~,\-,,,] .I'Jie ,~:3;e ,fj, us 'C:l-.:liet CeE ClargeReceipL.1Sj:X r/;tC~, - i.... ,- ,-.. r _ ~. ie 'e 'e Ie I. I ,e I. . . . . . . . !---- . . . . . e . . . . . . . . . . . . . . . . . . . . . " .L lJLl.:- vllUU1HH rtlSrory In!ormation on the Internet l' FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION Seefch Florida ~s' Crirninal /-i~.s!"ories f ,!.. t t t;i t\ Criminal History Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN T FC.DLE/5714715.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN T SID NUMBER: 5714715 PURPOSE CODE:P PAGE: 1 uBECliUSE_ADDITIONS -0R-DELETIONS-MAT BE -MADE-AT -AN'Y'-T-iME~----- A NEW COpy SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE FLORIDA CRIMINAL HISTORY STATE ID NO. FBI NO. AFRIDONIDZE, DAVID FL-05714715 SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR BIRTH PLACE M W 05/14/1963 6'00" 225 BRO BLK FL --CONTINUED-- NAME DATE REQUESTED 07/15/2010 SKIN DOC NO. SID NUMBER: 5714715 PURPOSE CODE:P PAGE: 2 FINGERPRINT CLASS SOCIAL SECURITY NO. XXX-XX-7288 MISCELLANEOUS NO. SCR/MRK/TAT IN AFIS - 3 OCCUPATION DRIVER ADDRESS 300 BAY VIEW CITY/STATE SUNNY ISLES, FL ------------------------------------------------------------------------------ ARREST- 1 09/20/2002 OBTS NO.-1307075416 ARREST AGENCY-NORTH MIAMI BEACH POLICE DEPARTMENT (FL0131000) AGENCY CASE-0818003 OFFENSE DATE-09/20/2002 CHARGE 001-MUNICIPAL ORDINANCE VIOL- ASSAULT OR BATTERY MUNICIPAL ORDINANCE --CONTINUED-- SID NUMBER: 5714715 PURPOSE CODE:P PAGE: 3 JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ PROSC DATA-INITIATED (FL013015A) COURT NO.-M02051215 BY PROSECU,BATTERY- BATTERY STATUTE/ORDINANCE- DISP DATE-ll/27/2002 COUNSEL-OTHER TRIAL- LEVEL-MISDEMEANOR/1ST DISP-NOLLE PROSSED PLEA- DEG ------------------------------------------------------------------------------ ARREST- 2 09/27 /2005 OBTS NO.-1307132744 ARREST AGENCY-Mlf~I POLICE uE?A2TMENT (FL013C>600) 01fENsr ~~TE-0912{/=005 AGENCY CASE-051E003 CEARGE OOl-?~S8 :ORGL~~ 1. .-." _ , ~ t ... \\ ~~,"'\~...'''', frii.=. ~:::-:: ~;z tl ": 1:'- .",... ,- . ".,t:)... ;'/.- r'I.:TJ.' t""''' ,-, ....... ".......... Page 1 of 3 7- . '. !. !. . . I: . . . . . . l--~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~~~ ~HUUUC.u -LU;:llUl)' uuunniillon on tile Internet ,.' --CONTINUED-- SID NUMBER: 5714715 PURPOSE CODE:P PAGE: 4 VEHICLE WITH ALTERED ID POSSESSION, STATUTE/ORDINANCE-FL319.33(lD) CHARGE 002-CONSERVATION-ENVIRONMENT- FLORIDA LITTER LAW STATUTE/ORDINANCE-FL403.413 (6C) SALE LEVEL-FELONY ,3RD DEG LEVEL-FELONY ,3RD DEG JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPfLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY PROSC DATA-INITIATED BY PROSECU,POSSESS COUNTERFEITED- VIN POSN COUNTERFEIT STATUTE/ORDINANCE-FL319.33 (5) (FL013015A) COURT NO.-132005CF030741AOOOXX ,3RD DEG LEVEL-FELONY ,3RD DEG uCONTINUED-- SID NUMBER: 57~4715 PURPOSE CODE:P PAGE: ._._~,_._,._--~---_..._.-, ---:;. STATUTE DESCRIPTN-MTR VEH IDENTIFICATION NUMBER PLATES OR DECAL DISP DATE-05/12/2006 DISP-NOLLE PROSSED COURT DATA-SAME ,POSSESS COUNTERFEITED- VIN POSN COUNTERFEIT STATUTE/ORDINANCE-FL319.33(5) LEVEL-FELONY ,3RD DEG STATUTE DESCRIPTN-MTR VEH IDENTIFICATION NUMBER PLATES OR DECAL DISP DATE-05/12/2006 DISP-PRE-TRIAL DIVERSION COUNSEL-OTHER TRIAL-NONE PLEA-NOT GUILTY CHARGE 002 -COURT SEQ COURT NO.-132005CF030741AOOOXX SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA- LEVEL-FELONY CONSERVATION-ENVIRONMENT- FLORIDA LITTER LAW ,3RD DEG --CONTINUED-- SID NUMBER: 5714715 PURPOSE CODE:P PAGE: 6 STATUTE/ORDINANCE-FL403.413 (6C) LEVEL-FELONY ,3RD DEG STATUTE DESCRIPTN-COMMERCIAL HAZARDOUS ANY AMT DISP DATE-05/12/2006 DISP-NOLLE PROSSED COURT DATA-CONSERVATION-ENVIRONMENT- FLORIDA LITTER LAW STATUTE/ORDINANCE-FL403.413(6C) LEVEL-FELONY ,3RD DEG STATUTE DESCRIPTN-COMMERCIAL HAZARDOUS ANY AMT DISP DATE-05/12/2006 DISP-PRE-TRIAL DIVERSION COUNSEL-OTHER TRIAL-NONE PLEA-NOT GUILTY ------------------------------------------------------------------------------ ARREST- 3 11/13/2007 OBTS NO.-1304830559 ARREST AGENCY-SUNNY ISLES BEACH POLICE DEPARTMENT (FL0135100) AGENCY CASE-0818003 OFFENSE DATE-11/13/2007 --CONTINUED-- SID NUMBER: 5714715 PURPOSE CODE:P PAGE: 7 C~~RGE 001-AGG~~V BATTERY- BATTERY hGGRP.VATED KITH h DEADLY KEAPON 2~~~UTE/ORJ:KhNC~-FL7S~.O~5(1~2) L!:VE:L-rE~ONY ,2ND DI:G l:_:-~~:;~,: '/\";.,~\i\-\;.::.~~dJe. ~:'c.le.f}. :15 CG b.i.nel/( Cl{His~o7":\' .s.sP): Page 2 of3 7/15/201[1 '. . ,. I. ,. I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~.......... '-'LHHHI'''' .lH;:\lVIY llUUllllC1LlUIl un lne InlerneI Page 3 of 3 JUDI CIJl.L- AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- (FL013015A) COURT NO.-132007CF0397920001XX LEVEL-FELONY ,2ND DEG PROSC DATA-INITIATED BY PROSECU,AGGRAV BATTERY- BATTERY AGG DWEAP STATUTE/ORDINANCE-FL784.045 (lA2) LEVEL-FELONY ,2ND,DEG STATUTE DESCRIPTN-PERSON USES A DEADLY WEAPON DISP DATE-12/04/2007 DISP-DROPPED/ABANDONED --CONTINUED-- SID NUMBER: 5714715 PURPOSE CODE:P PAGE: 8 COUNSEL-OTHER TRIAL- PLEA- THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OFA NAME INQ~IH;r'_O~~~ .P?~!l:r_~E _~_D~!l~~_~I_~_!:~~_~~_~!,N._O~LY_ --------------------- BE - VERIFIED-BYSUBMISSIOi< "OF-- A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLORIDA STATUTE 119.071(5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, --CONTINUED-- SID NUMBER: 5714715 PURPOSE CODE:P PAGE: 9 RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- __~~~!ory -1 ~~~~ History .!:>_J IDOWNTOWNTOWING@ j Back! New Search I Home! ~ _------I h.~t;.:s :/".\;\-,;,.\\'2.:c}e .st2..le .fl.1j.S; c>:.hj_1.1e: (:(,}-{li:i sror:,~, 2..51='\): :, t5/:0 10 I- I" I,t.. I\) . ".> . '1-). let . f,)~~ '. l<t I; . ,. . . . . i. :. . . () . . . . <t () . . 0 CI <) 0 () ct 0 () () () (l . ~. . . . . . .,. 06.117/10 IT- 751 DATE ISSUED ;/EMPlOYEE # Expires One Year From Dale Issued 114.01-429 2/00 .........~- ---' , " . . I. I. ,. . I: I. ;. ,. '. . . ....-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . FDLE Criminal History Information on the Internet ... FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION S(~arch Florida's Criminal Histories f~CCC' Step ,I of S Receipt Please save this receipt for your records or retain the Transaction 10 Number. This is only your receipt. To view the results of your search continue to the results page. Customer Information Transaction Information DOWNTOWN TOWING m 2418 N MIAMI AVE MIA!""I, FL 33127 Transaction ID# Confirmation # Authorization # 4075257 C0499319 165714 Time of Transaction 7/15/20103:04:13 PM Amount Charged $24.00 Your Search Criteria First Middle Last Date of Birth Age Race Sex SSN Name Maiden/ Alias LORENZO MEDEROS 01011965 W M 265699290 :"lrrD5: \\~\;\\;I'::.,fdl~.~:2.te .fl. U.5 lee hinellr-rHi~'r'2rQ~ R.f:c.eiDT 25'DY Page 1 of 1 T i I 1 .::;: /; (t I (\ I ,. ,. '. I. I. ,. I. ,. ,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FDLE Criminal History Information on the Internet Pafre 1 of 7 ~ , FLORIDA DEPARTMENT OF LAW ENFORCEMEf\!T CRIMINAL HISTORY INFORMATION ~ Search Florida s Crirnin,tti f-1l5!or.ies f A ~ t t~ !\ Criminal History Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN T FC.DLE/2356964.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN T -..-, ......----- SID---NUMBER :---2 3 5 6964- -..- PURPOSE-CODE: P-- n__'_____ '-PAGE: ---1----.. NAME BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE FLORIDA CRIMINAL HISTORY STATE ID NO. FBI NO. FL-02356964 DATE REQUESTED 07/15/2010 MEDEROS, LORENZO SEX RACE BIRTH DATE M W 01/01/1965 --CONTINUED-- HEIGHT WEIGHT 225 EYES BRO HAIR BRO BIRTH PLACE SKIN DOC NO. NJ 6' 02' , SID NUMBER: 2356964 PURPOSE CODE:P PAGE: 2 FINGERPRINT CLASS DO 09 10 21 17 PI CI 15 PI 13 IN AFIS - 3 OCCUPATION MECHANIC SOCIAL SECURITY NO. XXX-XX-9290 MISCELLANEOUS NO. SCR/MRK/TAT SC R FT ADDRESS 405 AVE D CITY/STATE BIG COPPIT, FL AKA DOB SOC SCR/MRK/TAT ----------------------------------------------------------------------------- MEDERO, LORENZO MEDEROS, LORENZO MIGUEL --CONTINUED-- XXX-XX-1990 SID NUMBER: 2356964 PURPOSE CODE:P PAGE: 3 ------------------------------------------------------------------------------ ARREST- 1 12/26/1986 OBTS NO.-0000385136 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-385136 CHARGE 001-AGGRAV ASSLT-WEAPON- STATUTE/ORDINANCE- CHARGE 002-CARRYING CONCEALED WEAPON- FI REARM STATUTE/ORDINANCE- :::EARGE 003-EIDN.t.?-FF.I.SE !lQRISONMENT- (FL0l30000) OFFENSE DATE-12/26/1986 LEVEL-FELONY LEVEL-FELONY STATOTE/OR~IKANcr- :"E:VE:'- FEL01~":." J"J:::: C I J_> ;'.G:':;l~CY -1.::]:.1\:: - DJ.._JE ?Jl:::"::: ~I~ =- ;'~F'.Tiv:El~'! ':F~D:3C1GOJ) l::-tDS: \\~\\ -..;-~ .f::' e .S12 :e.l1. ':":'~ (',c1.1ineI/'C c-'I-rHl s:/rt'V :"n); "i ;, ''''tll (I . ~ (I . I. ,. I. () !. . . . () . -e- . <l . . . . . . . . . . (t . 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CHARGE 001 -COURT SEQ COURT DATA-AGGRAV ASSLT-WEAPON- STATUTE/ORDINANCE-FL784.021 STATUTE DESCRIPTN-AGRAVATED ASSAULT DISP DATE-02/02/1987 NO INFORMATION FILED CHARGE 002 -COURT SEQ COURT NO.-86038334CFA COURT DATA-CARRYING CONCEALED WEAPON- FIREARM STATUTE/ORDINANCE-FL790.010(lB) DISP DATE-02/02/1987 PROBATION-1Y SENT PROVISIONS - SP FDLE Criminal History Information on the Internet uCONTINUEDu SID NUMBER: 2356964 PURPOSE CODE:P --CONTINUEDu SID NUMBER: 2356964 PURPOSE CODE:P COURT NO.-86038334CFA LEVEL-FELONY Page 2 of7 PAGE: COURT NO.-86038334CFA LEVEL-FELONy DISP-DISMISSED LEVEL-FELONY DISP-ADJ WITHHELD PAGE: 5 CHARGE 003 -COURT SEQ COURT DATA-KIDNAP-FALSE IMPRISONMENT- STATUTE/ORDINANCE-FL787.02 STATUTE DESCRIPTN-FALSE IMPRISONMENT DISP DATE-02/02/1987 DISP-DISMISSED NO INFORMATION FILED CHARGE 004 -COURT SEQ COURT DATA-PROB VIOLATION- STATUTE/ORDINANCE-FL948.061 DISP DATE-02/02/1987 PROBATION-1Y FINE AND COURT COST COURT NO.-86038334CFA LEVEL- DISP-DEFERRED SENTENCE u CONTI NUE D-- ------------------------------------------------------------------------------ SID NUMBER: 2356964 PURPOSE CODE:P ARREST- 2 05/16/1987 OBTS NO.-0000385136 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-385136 CHARGE 001-ROBBERY- ARMED STATUTE/ORDINANCE- CHARGE 002-KIDNAPPING- STATUTE/ORDINANCE- CHARGE 003-WEAPON OFFENSE- USE FIREARM IN FELONY STATUTE/ORDINANCE- JUDICIAL- AGENCY-MIAMI-DADE POLICE DEPARTMENT uCONTINUED-- SID NUMBER: 2356964 PURPOSE CODE:P COURT NJ.-e7015779CF C3ARGE 001 -COURT SEQ C:)'JRT DJ.:.TA- 3UF~GLI-.:~Y- _ _ D:crTF::::2J bll1}S :.1 /\~\"\\-l;\~= .r.:le .Slale ,f}. us 'c.c.l.lil1c4!,/C'C?"}fi Sl.orv 2SDX PAGE: 6 (FL0130000) OFFENSE DATE-OS/16/1987 LEVEL-FELONY LEVEL-FELONY LEVEL-FELONY (FL0130000) PAGE: 7 "'; 11 ~ /-'(\1 n !. '. le I: '. . . . ,. I. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . FDLE Criminal History Infonnation on the Internet Page 3 of7 STATUTE/ORDINANCE- DISP DATE-07/02/1987 CHARGE 002 -COURT SEQ COURT DATA-ROBBERY- LEVEL-FELONY DISP-DISMISSED COURT NO.-87015779CF FIREl'.RM STATUTE/ORDINANCE- DISP DATE-07/02/1987 CHARGE 003 -COURT SEQ COURT DATA-POSSESSION OF WEAPON- USE COMM FEL LEVEL-FELONY DISP-DISMISSED COURT NO.-87015779CF --CONTINUEDn SID NUMBER: 2356964 PURPOSE CODE:P PAGE: 8 STATUTE/ORDINANCE- DISP DATE-07/02/1987 LEVEL-FELONY DISP-DISMISSED ARREST- 3 11/02/1990 OBTS NO.-0002281518 ARREST AGENCY-MIAMI-DADE POLICE DEPAR1MENT (FL0130000) - -- -AGENC'rCASE- 3 8 5 J:J6---- ----,-, ---- ___n___..m_ ------ClFFENSE--DATE=iII5-;i!T990.. ---- CHARGE 001-FORGERY OF- POSS ALTER PROP 002 CNTS, STATUTE/ORDINANCE- LEVEL-FELONY CHARGE 002-VEHICLE THEFT- AUTO STATUTE/ORDINANCE- LEVEL-FELONY nCONTINUED-- SID NUMBER: 2356964 PAGE: 9 PURPOSE CODE:P ARREST- 4 05/31/1993 OBTS NO.-0005661581 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-385136 CHARGE 001-CARRYING CONCEALED WEAPON- FI REARM STATUTE/ORDINANCE- CHARGE 002-BURGL TOOLS-POSSESS- STATUTE/ORDINANCE- CHARGE 003-LARCENY- GRAND FIREARM STATUTE/ORDINANCE- (FL0130000) OFFENSE DATE-05/31/1993 LEVEL-FELONY LEVEL-FELONY LEVEL-FELONY JUDICIAL- --CONTINUED-- SID NUMBER: 2356964 PURPOSE CODE:P PAGE: 10 AGENCY-11TH CIRCUIT COURT - MIAMI CHARGE 001 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DAT!'.- (FL013025J) COURT NO.-F93017804 LEVEL-FELONY ,3RD DEG CARRYING CONCEALED WEAPON- CONCEALED F A CARRY STATUTE/ORDINANCE- DIS? DATE-05/21/1993 LEVEL-FE:LONY DIS?-N/l-. I 3?D DEG COURT D].TF.-S;'l\~E f :::~..?r\Y:NG C:)l~:r:J._LE:> tr:LJ-_?Ol~- CON:::E~~ED F A CA~RY lltTI:' 5: l/\\'.\~,,\.l. leI e . st2te.l.l.lis/C.cllili e.:'C'Cl-il-iis'.or)" .2SpX 7/)5.2010 ,. . . . . . . () . ct . . . . -. . . . . . . . . . () . . . . . . . . . . . . . . . . . . FDLE Criminal History Information on the Internet STATUTE/ORDINANCE- DISP DATE-08/09/1993 COUNSEL-PUBLIC TRIAL-NONE --CONTINUED-- SID NUMBER: 2356964 PURPOSE CODE:P SENT DATE-08/09/1993 CONSECUTIVE,F93017804 PROBATION-06M FINE- ABIDE BY COURT RESTRICTIONS AGENCY-STATE ATTORNEY'S OFFICE CHARGE 002 -COURT SEQ SUPPLEMENTAL ARREST DATA- LEVEL-FELONY ,3RD DEG DISP-GUILTY/CONVICTED PLEA-NOLO CONTENDRE PAGE: 11 COURT COST- $255 (FL0l3015A) COURT NO.-F93017804 ,3RD DEG LEVEL-FELONY ,BURGL TOOLS-POSSESS- BURGLARY TOOLS POSN STATUTE/ORDINANCE- LEVEL-FELONY ,3RD DEG --.-..--- .-.'---.--.-msP -DATE"06-; 21/ 19 9 3-.----- _.u_...._.. .--.u-DISP- DROPPED/ABANDONED._.._-..u.-..-----.,-- --CONTINUED-- STATUS- PROSC DATA-AMENDED SID NUMBER: 2356964 PURPOSE CODE:P COUNSEL-PUBLIC TRIAL- CHARGE 003 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA-AMENDED ,LARCENY- GRAND THEFT FIREARM STATUTE/ORDINANCE- DISP DATE-06/21/1993 COUNSEL-PUBLIC TRIAL- PAGE: 12 PLEA- COURT NO.-F93017804 LEVEL-FELONY ,3RD DEG LEVEL-FELONY ,3RD DEG DISP-DROPPED/ABANDONED PLEA- ------------------------------------------------------------------------------ ARREST- 5 02/23/1994 OBTS NO.-0006426931 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-385136 --CONTINUED-- SID NUMBER: 2356964 PURPOSE CODE:P CHARGE 001-TRAFFIC OFFENSE- DUI (FL0l30000) OFFENSE DATE-02/23/1994 PAGE: 13 ------------------------------------------------------------------------------ ARREST- 6 01/01/1999 OBTS NO.-1306005554 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0385136 CHARGE 001-COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE- CHARGE 002-COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE- JUDICIAL- --CONTINUED-- s:[': N~JE3E:?: 235E-~6{ PURPOSE COD;:,P , t-~.::ps: /\\~v~\t,-1. :c}e .5t2.1e .1J . "'JS/CC b,ine-t,'CCHH1 S10;~:\. .asp): (FL0130000) OFFENSE DATE-01/01/1999 LEVEL-FELONY ,3RD DEG LEVEL-FELONY ,3RD DEG ;o'.'-.GE: 1<: Page 4 0(7 - 1 S /: (1 J i) I I: I. .. I. I. Ie 1<1 ,. () . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FDLE Criminal History Information on the Internet Page 5 of7 AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS-ADDED CHARGE (FL013015A) COURT NO.-F99000011 LEVEL- PROSC DATA-INITIATED BY PROSECU,COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE- LEVEL-FELONY ,3RD DEG DISP DATE-Ol/22/1999 DISP-DROPPED/ABANDONED COUNSEL-OTHER TRIAL- PLEA- ADDED CHG -COURT SEQ COURT NO.-F99000011 SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY ,3RD DEG PROSC DATA-INITIATED BY PROSECU,COCAINE~POSSESS- --CONTINUED-- SID NUMBER: 2356964 PAGE: 15 PURPOSE CODE:P COCAINE STATUTE/ORDINANCE- -OISP- DATE::':-O H2271"9 9:,-----.--'- COUNSEL-OTHER TRIAL- POSSESSION LEVEL~FELONY ,3RD DEG DISp::DROPPEO!ABANOONED--'- --,-- PLEA- ARREST- 7 06/10/1999 OBTS NO.-1302021702 ARREST AGENCY-HIALEAH POLICE DEPARTMENT AGENCY CASE-0385136 CHARGE 001-COCAINE-SELL- COCAINE SALE, DELIVERY STATUTE/ORDINANCE-FL893.13(lA1) CHARGE 002-COCAINE-POSSESS- COCAINE POSSESSION (FLOI30400) OFFENSE DATE-06/10/1999 LEVEL-FELONY ,2ND DEG --CONTINUED-- SID NUMBER: 2356964 PAGE: 16 PURPOSE CODE:P STATUTE/ORDINANCE-FL893.13(6A) LEVEL-FELONY ,3RD DEG JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY ,3RD DEG PROSC DATA-INITIATED BY PROSECU,COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE- LEVEL-FELONY ,3RD DEG DISP DATE-07/01/1999 DISP-DROPPED/ABANDONED COUNSEL-PUBLIC TRIAL- PLEA- (FL013015A) COURT NO.-F99019762A ARREST- --CONTINUED-- OS/23/2002 OBTS NO.-1305046455 SID NUMBER: 2356964 PAGE: 17 PURPOSE CODE:P ARREST AGENCY-HIALEAH POLICE DEPARTMENT AGENCY CASE-0385136 CHARGE 00l-NON!~OVING TRF.FFIC VIOL- (FL0130400) OFFENSE DATE- DWLS ROR COLLECTION STl'.TUTE/ORDIl'l'.Ncr;- ~EV~L-MISDE~EANOR,2ND ~EG :E.L.R3[ OD:-NDl'Jl'~~\.:lE~ T?.L...E"I':rc V::'::"- BW D~:V:NG WElLE LICENSE S~S?r;NDED '-,-'--,c:' 1 "'-:-'.-\ f-i1p c:l~"c i"j ",',-,.-1-:,-"o,rCDT..{:<;i .. . ~,_.." .:...~..I.-.:_'_" \, ", \\_......u~.....__ __~-\..~ ........_, ...........'.;...!._l...""..... ,-. ..1..:...1....1......0...) .c...::-.~ -1 ~ '= I) 1 CJ . ,. . 'e '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FDLE Criminal History Infomlation on the Internet STATUTE/ORDINANCE-FL322.34 LEVEL- CHARGE 003-TRAFFIC OFFENSE- BW DRIVERS LICENSE COMMER FAIL TO SURRENDER OT CHARGE 004-NONMOVING TRAFFIC VIOL- BW NO VALID DRIVERS LICENSE ------------------------------------------------------------------------------ --CONTINUED-- SID NUMBER: 2356964 PURPOSE CODE:P PAGE: 18 ARREST- 9 01/24/2004 OBTS NO.-4401022282 ARREST AGENCY-KEY WEST POLICE DEPARTMENT AGENCY CASE-04666 CHARGE 001-LARCENY- GRAND THEFT STATUTE/ORDINANCE-FL812.014 BOOKING STATUS-HELD (FL0440100) OFFENSE DATE- LEVEL-FELONY ,3RD DEG JUDICIAL- AGENCY-16TH CIRCUIT COURT - KEY WEST (FL044015J) -.H----CHARGE -oor-"COURT--SEQ----------'------ - ---- COURT--NO. -442D04CF000091AXXXKI:______ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY ,3RD DEG PROSC DATA- LARCENY- --CONTINUEDn SID NUMBER: 2356964 PURPOSE CODE:P PAGE: 19 LARCENY GENERAL STATUTE/ORDINANCE-FL812.014(1) LEVEL-FELONY STATUTE DESCRIPTN-THEFT DISP DATE-02/12/2004 DISP-N/A COURT DATA-LARCENY- ,3RD DEG LARCENY GENERAL STATUTE/ORDINANCE-FL812.014 (1) STATUTE DESCRIPTN-THEFT DISP DATE-04/26/2004 COUNSEL-SELF TRIAL-NONE SENT DATE-09/06/2005 PROBATION-004Y06M LEVEL-FELONY ,3RD DEG DISP-GUILTY/CONVICTED PLEA-NO PLEA ENTERED ------------------------------------------------------------------------------ --CONTINUED-- SID NUMBER: 2356964 PURPOSE CODE:P PAGE: 20 **** THE FOLLOWING IS A STATUS RECORD -- NOT AN ARREST **** ARREST- 10 05/06/2004 OBTS NO.-4401023338 ARREST AGENCY-MONROE COUNTY SHERIFF'S OFFICE (FL0440000) CHARGE 001-CRIMINAL REGISTRATION (NOT AN ARREST)- CONVICTED FELON REGISTRATION STATUTE/ORDINANCE-FL775.13 LEVEL-FELONY BOOKING STATUS-NOT PROSECUTED RELEASED ------------------------------------------------------------------------------ ARREST- 11 05/31/2005 OBTS NO.-4401027843 ARREST AGENCY-MONROE COUNTY SHERIFF'S OFFICE AGENCY CASE-05432 (FL0440000) OFFENSE DJI.TE- CHARGE aOl-PROB VIOLATION- I ~Ol-'--l"'-~ r-<- ,.:." 'U~-'-- v:,= t~Er G?..!~ND '!'EEFT :rrcps: '\,,"\\-,}\:2 .Ta}.: .~.T3.( e .fl. us/e:c11i.ne'L/C'Cj-{1-ii sTory .asp):. fage-o-oI 7l15/~O} (1 I ,. I: ,- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FDLE Criminal History Inforn1ation on the Internet Page 7 of7 SID NUMBER: 2356964 PAGE: 21 PURPOSE CODE:P STATUTE/ORDINANCE-FL948.06 BOOKING STATUS-HELD LEVEL- ------------------------------------------------------------------------------ THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLORIDA STATUTE 119.071(5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS --CONTINUED-- SID NUMBER: 23?6964 PAGE: 22 PURPOSE CODE:P NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- _ Print Hi~c:ry I Email History to I roowiZhoWNTOWING@ Back I New Search Home 1-; :"iPS:i \,,"\\ -\\*.:: .:~dle.sL3. te .~1. LiS. Cc,~li:~e;i'C CI~j-~is4tGr)' .~Sp:~~ ~ /4 ,.. ,_ ," ~ , //1);_1J1U . e I() . . . . . () e . (t . . () (t (t (t (t . . .' . . (t . . . et el . Ct (t . <) () .. ct ., {j . . . r l _~,~" co ~~2~;:' --;""" ',' .' ""~<" . ~> . r,~ . r..\ ~ (iI',~ lljO ~ -D~T~ :~U~D u Expires One Year From Dale Issued .1 114.01-429 2/00 " iT -. .L - - --- :"q." ,::. ~ c'ibr 1 ., "b::~\,." - ,"'. I ~~'I::i. ~';:;c..~"";';'" ,-," "~~~;" I 8070409150027 <1""~~"''''-!;~{'iI>tt_ . Operation of a motor vehicle constitutes consent to any sobriety test required by law, 'if' .J I I ,. .. I. I: . . . . . . . . . . 1--.- . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ JJLL .....l1llHmU r11Story Intormation on the Internet FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION Search florida's Crimina! NistDries f ~ i. t C! \ Step.; of 5 Receipt Please save this receipt for your records or retain the Transaction 10 Number. This is only your receipt. To view the results of your search continue to the results page. . .--.------ --" Customer Information Transaction Information DOWNTOWN TOWING CO 2418 N MIAMI AVE MIAMI, FL 33127 Transaction ID# Confirmation # Authorization # 4075171 C0499191 195356 Time of Transaction 7/15/20102:41:54 PM Amount Charged $24.00 Your Search Criteria First Middle Last Date of Birth Age Race Sex SSN Name Maiden/ Alias ROBIN MARIN 10141981 W M 590557523 h:lpS. ::f,\,,",,:,_,.\_,: .[81:: .s::2.~e.fl. us/c.c !.li;le,l'C;CH C'llargeRece,iDL2sDX Page 1 of 1 7', "i '1::' '-, (\ -i (\ . . . . . . . . . . . . . . . 1--.- . . . . . . . . . . . . . . . . . . . . . . . . . . . r U LC L-nmmal HIStOry Information on the Internet Page 1 of 12 FLORIDA DEPARTMENT OF LAW ENFORCElV'lENT CRIMINAL HISTORY INFORMATION 7' Settrth Florida'S Ctirnina/ i-1istotie'5 fA' f< (:. ~ Criminal History Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN T FC.DLE/5040383.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN T SID NUMBER: 5040383 PURPOSE CODE:P PAGE: BECAUSE-ADDITIONS OR -DELETIomn.JAY -BE--MADEAT ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE FLORIDA CRIMINAL HISTORY STATE ID NO. FBI NO. FL-05040383 1 NAME DATE REQUESTED 07/15/2010 SKIN DOC NO. M30286 MARIN, ROBIN SEX RACE BIRTH DATE M W 10/14/1981 --CONTINUED-- HEIGHT WEIGHT EYES HAIR BIRTH PLACE 5'07' I 185 BRO BLK CC SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 2 FINGERPRINT CLASS SOCIAL SECURITY NO. XXX-XX-7523 MISCELLANEOUS NO. SCR/MRK/TAT TAT L HND IN AFIS - 3 OCCUPATION LABOR ADDRESS 4060 NW 5 STREET CITY/STATE MIAMI, FL ----------------------------------------------------------------------------- AKA DOB SOC SCR/MRK/TAT ----------------------------------------------------------------------------- 10/14/1986 XXX-XX-7522 TAT R HND TAT L ARM TAT R ARM --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 3 ART L ARM ------------------------------------------------------------------------------ ARREST- 1 02/27/2000 OBTS NO.-1301021877 ARREST AGENCY-MIAMI BEACH POLICE DEPARTMENT AGENCY CASE-0734271 CHARGE 001-MUNICIPAL ORDINANCE VIOL- LOITERING MUNICIPAL ORDINANCE CHARGE 002-MUNICIPAL ORDINANCE VIOL- CONCEALED WEAPON CARRY MUNICIPAL ORDINANCE (FL0130700) OFFENSE DATE-02/27/2000 ------------------------------------------------------------------------------ l.RR!::ST- 2 10/08/2000 OETS NO.-1301031646 AEREST AGENCY-~I]'...LE]'_:: G;'~?D!:l'~S ?OL::CS JEP;~?,'!'l\~E:l\r:: (FL0131500) AGENCY :AS[-C~3~:7~ 02fENSE D~TE-IG/OE!2000 h:-:DS:: "\,,\\~\\.:, .[ele . s:st::..lJ ,~si!(,cl1.i_:-lelCCHI-iis:c}rv .~5DX i.'l~,l;nir .e . 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YULE Criminal History Information on the Internet --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 4 CHARGE OOl-VEHICLE THEFT- GRAND THEFT 3RD DEGREE VEHICLE STATUTE/ORDINANCE-FL8l2.0l4(2C6) CH~RGE 002-BURGLARY- BURGLARY UNOCCUPIED CONVEYANCE STATUTE/ORDINANCE- CHARGE 003-BURGL TOOLS-POSSESS- BURGLARY TOOLS POSSESSION STATUTE/ORDINANCE-FL8l0.06 CHARGE 004-RESISTING OFFICER- RESISTING OFFICER WITHOUT VIOLENCE TO HIS PERS STATUTE/ORDINANCE-FL843.02 LEVEL-MISDEMEANOR,lST DEG LEVEL-FELONY ,3RD DEG LEVEL-FELONY ,3RD DEG LEVEL-FELONY ,3RD DEG JUDICIAL- --CONTINUEDu "s.I~,_"UMBER :... 5040383' ,. ,J.'URPOSE--CODE:P -----,--------PAGE :.----'- 5---'--'----- _m_'__ AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY PROSC DATA-INITIATED BY PROSECU,VEHICLE THEFT- GRD THEFT 3D VEHICLE STATUTE/ORDINANCE- DISP DATE-lO/30/2000 COUNSEL-PUBLIC TRIAL- (FLOl30l5A) COURT NO.-F00032467 ,3RD DEG LEVEL-FELONY ,3RD DEG DISP-DROPPED/ABANDONED PLEA- COURT NO.-F00032467 ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA-INITIATED BY PROSECU,BURGLARY- --CONTINUED-- LEVEL-FELONY ,3RD DEG SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 6 ADDED BURGLARY STATUTE/ORDINANCE- DISP DATE-lO/30/2000 COUNSEL-PUBLIC TRIAL- CHG -COURT SEQ DEG UNOCC CONVY LEVEL-FELONY ,3RD DISP-DROPPED/ABANDONED PLEA- COURT NO.-F00032467 SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY ,3RD DEG PROSC DATA-INITIATED BY PROSECU,BURGL TOOLS-POSSESS- BURGLARY TOOLS POSN STATUTE/ORDINANCE- LEVEL-FELONY ,3RD DEG DISP DATE-lO/30/2000 DISP-DROPPED/ABANDONED COUNSEL-PUBLIC TRIAL- PLEA- --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 7 ARRES'I- 3 OBTS NO.-l30103l792 10/11/2000 ARRES'I AGENCY-HIALEAH ?OLICE DE?ARTME~T (rL0130~00) AGENC: CAS~-073~27~ J:FENSE DATE-IC/ll/2000 1:r1"1:;5: .~\;\-\;\-\j,-2 .fdle.s~~:e .~1.us, CC1Ai1.:j.e-L' C<CHH'iS':0r\~ .asnx Page 2 of 12 '7/1~/")nl(1 . . 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(t . . . . . ct . . .. .rULE Criminal History Inforn1ation on the Internet CHARGE 001-VEHICLE THEFT- GRAND THEFT 3D VEHICLE ATTEMPT STATUTE/ORDINANCE-FL812.014 (2C6) CHARGE 002-BURGLARY- BURGLARY UNOCCUPIED CONVEYANCE STATUTE/ORDINANCE- CHARGE 003-LOITERING- LOITERING OR PROWLING STATUTE/ORDINANCE-FL856.021 CHARGE 004-RESISTING OFFICER- --CONTINUED-- ,ATTEMPT LEVEL-FELONY ,3RD DEG LEVEL-FELONY ,3RD DEG LEVEL-MISDEMEANOR, 2ND DEG SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 8 RESISTING OFFICER WITHOUT VIOLENCE TO HIS PERS STATUTE/ORDINANCE-FL843.02 LEVEL-MISDEMEANOR, 1ST DEG JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE (FL013015A) ADDED CHG -COURT SEQ COURT NO.-132000CF0327650001XX ___~U]?_~_L~~E:\'l.'l'~I,-~BEST nDATA"-____________:_____ _H____________ -, ____d______ ----- - STATUS- LEVEL-FELONY ,3RD DEG PROSC DATA-INITIATED BY PROSECU,VEHICLE THEFT- G THFT VEHICLE ATTEM ATTEMPT STATUTE/ORDINANCE- DISP DATE-11/17/2000 COUNSEL-PUBLIC TRIAL- LEVEL-FELONY ,3RD DEG DISP-DROPPED/ABANDONED PLEA- --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 9 (FL013025J) COURT NO.-132000CF0327650001XX AGENCY-11TH CIRCUIT COURT - MIAMI ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA- LEVEL-MISDEMEANOR, 2ND DEG LARCENY- PETIT THEFT STATUTE/ORDINANCE- DISP DATE-11/17/2000 COURT DATA-SAME , LARCENY- PETIT THEFT STATUTE/ORDINANCE- DISP DATE-11/17/2000 COUNSEL-PUBLIC TRIAL-NONE LEVEL-MISDEMEANOR, 2ND DEG DISP-N/A LEVEL-MISDEMEANOR, 2ND DEG DISP-GUILTY/CONVICTED PLEA-GUILTY --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 10 SENT DATE-11/17/2000 CHARGE 002 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY ,3RD DEG PROSC DATA- BURGLARY- BURGLARY UNOCC CONVY STATUTE/ORDINANCE- LEVEL-FELONY ,3RD DEG DISP DATE-l1/17/2000 DIS?-N/A COURT DATA-BURGLARY- COURT NO.-132000CF0327640001XX 5::rRG!"~~F.Y T~.Jl.J:)CC:ON"\.:. ~~lL1DS: i\~ -\~-\;\.2 .fdle .s:s.:e. :~. LlS/C,Clline.: 'C'CHE:i:t(~r~.' .S.SDX ....... Page 3 of 12 - i; /-. n 1 (l ~ _, _ ~ J. .f I. . . '. '. '. '. \t . ,. '. I. !. . . .--- '. l(t '. . . . . . . . . . . . . . . . . . o . . . . . . 1:" ULb cnmmal HIStory Information on the Internet STATUTE/ORDINANCE- DISP DATE-ll/17/2000 COUNSEL-PUBLIC TRIAL-NONE --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P SENT DATE-ll/17/2000. CHARGE 002 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY DISP-ADJ WITHHELD PLEA-GUILTY ,3RD DEG PAGE: 11 COURT NO.-132000CF032765000lXX BURGLARY- BURGLARY UNOCC CONVY STATUTE/ORDINANCE- DISP DATE-ll/17/2000 PROSC DATA- COURT DATA-BURGLARY- LEVEL-FELONY ,3RD DEG LEVEL-FELONY DISP-N/A ,3RD DEG BURGLARY UNOCC CONVY STATUTE/ORDINANCE- DISP DATE-ll/17/2000 Cou.t<~~~-:'!:'_'!.!l_~}C TRIA:L_:~Q.tl~ _______ PLP~,::-.G~ILTY _._..._.____m_ ... _..m .-------.. --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P SENT DATE-ll/17/2000 CONSECUTIVE,F00032765 PROBATION-002Y ABIDE BY COURT RESTRICTIONS ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA- LEVEL-FELONY ,3RD DEG DISP-GUILTY/CONVICTED PAGE: 12 COURT NO.-132000CF032765000lXX LEVEL-FELONY ,3RD DEG DAMAGE PROP-CRIM MISCH- CRIM MIS 1000 STATUTE/ORDINANCE- LEVEL-FELONY DISP DATE-ll/17/2000 DISP-N/A ,3RD DEG COURT DATA-SAME ,DAMAGE PROP-CRIM MISCH- CRIM MIS 1000 --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P STATUTE/ORDINANCE- DISP DATE-ll/17/2000 COUNSEL-PUBLIC TRIAL-NONE SENT DATE-ll/17/2000 CONSECUTIVE,F00032765 PROBATION-002Y ABIDE BY COURT RESTRICTIONS AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA-INITIATED BY PROSECU,LOITERING- LOITERING OR PROKL --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:? l"lr.r-:s:1 \V\i\-,J,'2 .fdJe .st2:e.f1. us fc,cl.~iDel/CChEislO:':~ ,aSr): PAGE: 13 LEVEL-FELONY ,3RD DEG DISP-GUILTY/CONVICTED PLEA-GUILTY (FL0130l5A) COURT NO.-132000CF032764000lXX LEVEL-MISDEMEANOR,2ND DEG PAGE : ~ 4 Page 4 of 12 !'j:/~OlO . . ,e I. . ,. :e I. . 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'.-- . . . . . . . . . . . . . . . . . . . . . . . . . . . r lJLt L.nmmal HIStOry Intormation on the Internet LEVEL-MISDEMEANOR,2ND DEG DISP-DROPPED/ABANDONED PLEA- STATUTE/ORDINANCE- DISP DATE-11/17/2000 COUNSEL-PUBLIC TRIAL- AGENCY-11TH CIRCUIT COURT - MIF~I CHARGE 004 -COURT SEQ SUPPLEMENTAL ARREST DATA- (FLO 13025J) COURT NO.-132000CF0327640001XX STATUS- PROSC DATA- LEVEL-MISDEMEANOR,lST DEG RESISTING OFFICER- RESIST OFF W 0 VIOL LEVEL-MISDEMEANOR,lST DEG DISP-N/A STATUTE/ORDINANCE- DISP DATE-11/17/2000 COURT DATA-RESISTING OFFICER- RESIST OFF W 0 VIOL --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 15 STATUTE/ORDINANCE- DISP DATE-11/17/2000 COUNSEL-PUBLIC TRIAL-NONE .--...-- -- "_.~~,._._,-----_. .----....".- -.. --~'-'.'-~-----"--- SENT DATE-11/17/2000 LEVEL-MISDEMEANOR,lST DEG DISP-ADJ WITHHELD _______E':r-ElI--:GQXL.T)" _____ _____,_____ _____ _____m_ - m ------------------------------------------------------------------------------ ARREST- 4 12/11/2000 OBTS NO.-1304044811 ARREST AGENCY-DADE COUNTY PUBLIC SCHOOLS AGENCY CASE-0734271 (FL0133700) OFFENSE DATE-10/08/2000 CHARGE 001-RESISTING OFFICER- BW RESISTING OFFICER WITHOUT VIOLENCE TO HIS P STATUTE/ORDINANCE-FL843.02 LEVEL-MISDEMEANOR,lST DEG ------------------------------------------------------------------------------ ARREST- 5 01/10/2001 --CONTINUED-- OBTS NO.-1305028529 SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 16 (FL0130000) ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0734271 CHARGE 001-NONMOVING TRAFFIC VIOL- DRIVING WHILE LICENSE SUSPENDED WITH KNOWLEDGE STATUTE/ORDINANCE- LEVEL-MISDEMEANOR OFFENSE DATE- ------------------------------------------------------------------------------ ARREST- 6 10/11/2001 OBTS NO.-1306043576 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0734271 CHARGE 001-FLIGHT-ESCAPE- FUG BROWARD CTY WARR 1 01004576CF10A (FL0130000) OFFENSE DATE- ------------------------------------------------------------------------------ ARREST- 7 09/10/2002 --CONTINUED-- OBTS NO.-1301077585 SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 17 (FL0130000) ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0734271 CHARGE 001-FLIGHT-ESCAPE- FUGUTIVE FROM BROWARD STATUTE/ORDINANCE- OFFENSE DATE- LEVEL-~ISDEMEhNOR ------------------------------------------------------------------------------ I" ;-:::;-~.,.- .__'_ ,......::l_ [I~/l=/::O.02 GETS NO.-0605019775 b.:-rps: /,\;..\;"'\\-: .:~ile .st2.:~ .:~ ::.IS Cc.h..:,lj e: ;CC:I-11-~l S:O:"Y . 251:'): Page 5 of 12 . ;,J~/:::Ol0 I. :. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 1" ULt cnmmal HIStOry Information on the Internet ARREST AGENCY-BROWARD COUNTY SHERIFF'S OFFICE (FL0060000) AGENCY CASE-500214139 OFFENSE DATE- CHARGE 001-PROB VIOLATION- VIOL OF CC - FEL STATUTE/ORDINANCE-FL948.06 LEVEL-FELONY BOOKING STATUS-HELD --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 18 CHARGE 002-PROB VIOLATION- VIOL OF CC - FEL STATUTE/ORDINANCE-FL948.06 BOOKING STATUS-HELD LEVEL-FELONY SUPERVISION OR CUSTODY- 10/29/2002 OBTS-NO.- AGENCY-NORTH FLORIDA RECEPTION MEDICAL CENTER AGENCY CASE-M30286 STATUS-RECEIVED REMARKS-BURGUNOCCSTRUC CV OR ATT (FL063025C) ,10/29/2002 _ _ _ _ _ _ _ _ __-:.=_-=.-=.=-_=--=-: ~~_=::.~ -"-:.-:'.-_-::: :-_~_: ~ :..:.: :'::.:-.= =-_--=-=-_':":_-= ==.=. -: -.:: ~_-:._-:~:::: ::'='::,":, :_=_':".=.~ ~~_-.. "7_-::.-=-:~_~.~ ~--. _..~-_. ,." SUPERVISION OR CUSTODY- 10/29/2002 OBTS-NO.- AGENCY-NORTH FLORIDA RECEPTION MEDICAL CENTER (FL063025C) AGENCY CASE-M30286 STATUS-DISCHARGED FROM CRIMINAL ,07/18/2003 --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 19 REMARKS-BURGUNOCCSTRUC CV OR ATT SUPERVISION OR CUSTODY- 12/17/2002 OBTS-NO.-1350007634 AGENCY-S. FLORIDA RECEPTION CENTER - MIAMI AGENCY CASE-M30286 STATUS-RECEIVED (FL013015C) ,12/17 /2002 ARREST- 9 01/12/2005 OBTS NO.-0012523382 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-734271 CHARGE 001-VEHICLE THEFT- AUTO 002 CNTS, STATUTE/ORDINANCE-FL812.014 (FL0130000) OFFENSE DATE- LEVEL-FELONY --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 20 CHARGE 002-VEHICLE THEFT- AUTO STATUTE/ORDINANCE- LEVEL-FELONY JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY PRose DATA-INITIATED BY PROSECU,VEHICLE THEFT- (FL013015A) COURT NO.-132005CF0012660001XX ,3RD DEG GRD THEFT 3D VEHICLE STATUTE/ORDINANCE-FLE12.014(2C6) LEVEL-FELONY ,3P.D DEG STATUTE DESCRIPTN-GRf~D THEFT OF MOTOR VEH!CLE DISP DATE-02/02/2005 DISP-DRO??ED/ABANDONED -Ol'--1'....~ 1--" ,. ~ ,'J~;..J-- l-l;IJ~: f\\~,~-\;~2 .fdle .sr?.~ ~,fl, llS :cc b.i:-let/C'CHl-{is~(~:--\' .2.S1:::;: Page 6 of 12 7/~ 5/101 0 r ULD \....nrmnal nlswry lnIOrmatlOn On the Internet . . 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SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 21 COUNSEL-OTHER TRIAL- PLEA- AGENCY-11TH CIRCUIT COURT - MIAMI (FL013025J) COURT NO.-132005CF0012670001XX CHARGE 001 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA- ,3,RD DEG LEVEL-FELONY VEHICLE THEFT- GRD THEFT 3D VEHICLE STATUTE/ORDINANCE-FL812.014 (2C6) STATUTE DESCRIPTN-GRAND THEFT OF DISP DATE-02/02/2005 ,3RD DEG LEVEL-FELONY MOTOR VEHICLE DISP-N/A COURT DATA-VEHICLE THEFT- GRD THEFT 3D VEHICLE STATUTE/ORDINANCE-FL812.014 (2C6) LEVEL-FELONY ,3RD DEG --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 22 . ,-_."-~~' -....-.-.-.-------..-.. ...- ..----..-----...--..- STATUTE DESCRIPTN-GRAND THEFT OF MOTOR VEHICLE DISP DATE-03/01/2005 DISP-GUILTY/CONVICTED COUNSEL-OTHER TRIAL-NONE PLEA-GUILTY SENT DATE-03/01/2005 PROBATION-001Y06M ABIDE BY COURT RESTRICTIONS CHARGE 002 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA- COURT NO.-132005CF0012530001XX ,3RD DEG LEVEL-FELONY VEHICLE THEFT- GRD THEFT 3D VEHICLE STATUTE/ORDINANCE-FL812.014 (2C6) LEVEL-FELONY STATUTE DESCRIPTN-GRAND THEFT OF MOTOR VEHICLE ,3RD DEG --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 23 DISP-N/A COURT DISP DATE-02/02/2005 DATA-VEHICLE THEFT- GRD THEFT 3D VEHICLE STATUTE/ORDINANCE-FL812.014 (2C6) LEVEL-FELONY STATUTE DESCRIPTN-GRAND THEFT OF MOTOR VEHICLE DISP DATE-03/01/2005 DISP-GUILTY/CONVICTED COUNSEL-OTHER TRIAL-NONE PLEA-GUILTY SENT DATE-03/01/2005 PROBATION-001Y06M ,3RD DEG ABIDE BY COURT RESTRICTIONS ------------------------------------------------------------------------------ **** THE FOLLOWING IS A STATUS RECORD -- NOT AN ARREST **** ARREST- 10 03/02/2005 OBTS NO.-0013982105 --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 24 (FL0130000) ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-734271 OI'FBNSE DF..TE- CHARGE DOl-CRIMINAL PEGISTP~TION (NOT AN ARREST)- 30cn.::NG ~T;.TD3-HOT ?R02EC::TSD EF:"E]'~SI:J 1,,-"-~"'\.....1/~:;,-,~\\.~ 1.'r~!~ c:-.~~~ fj' :tS;('I'.i'"':~~-l~'C'(-.LJ;~-1..--:n~.o;-. O;;....1'-.y .~~.~.~., .,,'\. _'..L_:I"..___~,",._ .->-_. _...~.....:..~_"".", .'--..l.L.l...L....~'-'-l.\ .......~l-.'.'~ Page 7 of 12 _...- ------- ----~ ... -....- -. --' ------ -_...__.-..~,_.- .------ .-. . 7 i] 5 I: 0] 0 . . . I. .. I. . '. !. . . . . . . i--.- . . . . . . . . . . . . . . . . . . . . . . . . . . .. .t'lJLE Criminal History Information on the Internet ARREST- 11 05/05/2005 OBTS NO.-1301137397 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0734271 CHARGE DOl-VEHICLE THEFT- PW GRAND THEFT 3RD DEGREE VEHICLE STATUTE/ORDINANCE-FL812.014 (2C6) CHARGE 002-VEHICLE THEFT- PW GRAND THEFT 3RD DEGREE VEHICLE (FL0130000) OFFENSE DATE-12/13/2004 LEVEL-FELONY --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 25 STATUTE/ORDINANCE-FL812.014 (2C6) CHARGE 003-VEHICLE THEFT- PW GRAND THEFT 3RD DEGREE VEHICLE STATUTE/ORDINANCE-FL812.014 (2C6) LEVEL-FELONY LEVEL-FELONY JUDICIAL- AGENCY-11TH CIRCUIT COURT - MIAMI ___ __~~~_~E:.._Q 0 1_ .:c:9QP,'L_SEQ._._ _ ______________ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA- ,3RD DEG ,3RD DEG ,3RD DEG (FL0l3025J) .-'cOURT- NO.--132005CF001254 0001XX'--.'. LEVEL-FELONY VEHICLE THEFT- GRD THEFT 3D VEHICLE STATUTE/ORDINANCE-FL812.014 (2C6) LEVEL-FELONY STATUTE DESCRIPTN-GRAND THEFT OF MOTOR VEHICLE --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 26 ,3RD DEG ,3RD DEG DISP DATE-02/02/2005 DISP-N/A COURT DATA-VEHICLE THEFT- GRD THEFT 3D VEHICLE STATUTE/ORDINANCE-FL812.014 (2C6) LEVEL-FELONY ,3RD DEG STATUTE DESCRIPTN-GRAND THEFT OF MOTOR VEHICLE DISP DATE-03/01/2005 DISP-GUILTY/CONVICTED COUNSEL-OTHER TRIAL-NONE PLEA-GUILTY SENT DATE-03/01/2005 PROBATION-001Y06M ABIDE BY COURT RESTRICTIONS ARREST- 12 03/28/2006 OBTS NO.-1302134282 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P ,PAGE: 27 OFFENSE DATE-03/28/2006 AGENCY CASE-0734271 CHARGE 001-LARCENY- GRAND THEFT 3RD DEGREE STATUTE/ORDINANCE-FL812.014 (2C) CHARGE 002-DAMAGE PROP-CRIM MISCH- CRIMINAL MISCHIEF 1,000 OR MORE STATUTE/ORDINANCE-FL806.13 (lB3) LEVEL-FELONY LEVEL-FELONY JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ (FL0l30000) ,3RD DEG ,3RD DEG SVP?~EMENTAL ~RRBST DA!A- (FL013015~_) COU?T HO.-132006CF0095130001D: .i~T,tDS: i !\J\~\; \;\-~ fdi e ..s:2:~. fl. U~.lc.Cti~ nel/C.CT-J}-Tj Sl(::-'!':\~ s~nx Page 8 of 12 1': /')(\ in .. . I. ,. :. I. . '. I. . . . . . . I-.~- . . . . . . . . . . . . . . . . . . . . . . . . . . " rULE Criminal History Information on the Internet Page 9 of 12 STATUS- PROSC DATA-INITIATED BY PROSECU,LARCENY- --CONTINUED-- LEVEL-FELONY ,3RD DEG SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 28 GRAND THEFT 3RD DEG STATUTE/ORDINANCE-FL812.014 (2C) STATUTE DESCRIPTN-ERROR - DUPLICATE DISP DATE-04/27/2006 COUNSEL-OTHER TRIAL- ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY PROSC DATA-INITIATED BY PROSECU,DAMAGE PROP-CRIM MISCH- CRIM MIS 1000 STATUTE/ORDINANCE-FL806.13(lB3) STATUTE DESCRIPTN-1000 DOLS OR MORE DISP DATE-04/27/2006 --CONTI~~~~-::_- __ _ __ _ __.___,,__ ._~___+.__....___, _+..._..._________ ___._________..._______ .___....____._._'. _.n_ .----+-....-+----.-~- LEVEL-FELONY ,3RD DEG DISP-DROPPED/ABANDONED PLEA- COURT NO.-132006CF0098130001XX ,3RD DEG LEVEL-FELONY ,3RD DEG DISP-DROPPED/ABANDONED SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 29 COUNSEL-OTHER TRIAL- PLEA- ARREST- 13 11/19/2007 OBTS NO.-1305112376 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0734271 CHARGE 001-COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE-FL893.13(6A) CHARGE 002-MARIJUANA-POSSESS- CANNABIS POSSESSION 20 GRAMS OR LESS STATUTE/ORDINANCE-FL893.13(6B) CHARGE 003-DRUGS-POSSESS- CONTROLLED SUBSTANCE POSSESSION (FL0130000) OFFENSE DATE-11/19/2007 LEVEL-FELONY ,3RD DEG LEVEL-MISDEMEANOR,lST DEG --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 30 STATUTE/ORDINANCE-FL893.13(6A) LEVEL-FELONY ,3RD DEG JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY PROSC DATA-INITIATED BY PROSECU,COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE-FL893.13(6A) STATUTE DESCRIPTN-CNTRL SUB WO DISP DATE-12/14/2007 COUNSEL-OTHER TRIAL- ADDED CHG -COURT SEQ ( FL013015A) COURT NO.-132007CF0405640001XX ,3RD DEG ,3RD DEG LEVEL-FELONY PRESCRIPTION DISP-DROPPED/ABANDONED PLEA- COURT NO.-132007CF0405640001XX --CONTINUED-- S:D NUMBER: 5040383 PURPOSE CODE:P P.r,GE: 31 SU?P~E~El-:T.;;L b.?F,E~'! D}:!F-~- ,. ,e ,(t '. . . 'e I() I. ie . . . . . f-. . () . . . . . . . () . . . . . . . . . . . . . . . . . l' ULt Crrmmal History Information on the Internet STATUS- LEVEL-MISDEMEANOR,lST DEG PROSC DATA-INITIATED BY PROSECU,MARIJUANA-POSSESS- CANNABIS POSN 0 20 STATUTE/ORDINANCE-FL893.13(6B) LEVEL-MISDEMEANOR,lST DEG STATUTE DESCRIPTN-NOT MORE THAN 20 GRAMS DISP DATE-12/14/2007 DISP-DROPPED/ABANDONED COUNSEL-OTHER TRIAL- PLEA- ADDED CHG -COURT SEQ COURT NO.-132007CF0405640001XX SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY ,3RD DEG PROSC DATA-INITIATED BY PROSECU,DRUGS-POSSESS- CONT SUBS POSS --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 32 STATUTE/ORDINANCE-FL893.13(6A) STATUTE DESCRIPTN-CNTRL SUB WO DISP DATE-12/14/2007 LEVEL-FELONY ,3RD DEG PRESCRIPTION DISP-DROPPED/ABANDONED _ C_<2.~S.EL.':'O_THER TRIAL=:._. .__ ___ -,--PLEA--.-.- -.-..-----.-,.. ARREST- 14 11/04/2009 OBTS NO.-1304907763 ARREST AGENCY-MIAMI POLICE DEPARTMENT AGENCY CASE-0734271 CHARGE 001-COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE-FL893.13(6A) CHARGE 002-NONMOVING TRAFFIC VIOL- DRIVING WHILE LICENSE SUSPENDED (FL0130600) OFFENSE DATE-11/04/2009 LEVEL-FELONY ,3RD DEG --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 33 STATUTE/ORDINANCE-FL322.34 CHARGE 003-COCAINE-TRAFFIC- COCAINE TRAFFICKING 28GR 150K STATUTE/ORDINANCE-FL893.135 (lBl) CHARGE 004-COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE-FL893.13(6A) LEVEL- LEVEL-FELONY ,1ST DEG LEVEL-FELONY ,3RD DEG JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- (FL013015A) COURT NO.-132009CF0361120001XX LEVEL-FELONY ,2ND DEG PROSC DATA-INITIATED BY PROSECU,COCAINE-SELL- --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 34 COKE SELL DEL W INT STATUTE/ORDINANCE-FL893.13(lA1) LEVEL-FELONY ,2ND DEG STATUTE DESCRIPTN-POSS METH W INTENT TO SELL MANUFACTURE DELIVER DIS? DATE-11/25/2009 DISP-DROP?ED/ABANDONED COUNSEL-OTHER TRIAL- PLEA- kDDED CHG -COURT 5E';) COURT NO.-132009CF0361100001xx SU??LEMENTAL ARREST VATA- STF.TU5- LEVE:';- FE~:>NY , IBT :n:G 11 -~-::[;s: !;'~\\~\\-\,,':: . fl..} e . s~.::..te.n llS/C,C h~ n~t :C.CJ-ii-Ji S~ nr"'\' 3,~~A;\~ Page 10 of 12 ;/i.::rl\;('i . I~ I-I .. I. . . . . . . . . . . . --. . (t . . . . . . . . . . . . . . . . . . . . . . . . . .rULE Criminal History Information on the Internet PROSC DATA-INITIATED BY PROSECU,COCAINE-TRAFFIC- COKE TRFK 28 150K STATUTE/ORDINANCE-FL893.135 (lBl) LEVEL-FELONY ,1ST DEG STATUTE DESCRIPTN-28 GRAMS LESS THAN 150 KG COCAINE OR MIXTURE DISP DATE-ll/25/2009 DISP-DROPPED/ABANDONED --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 35 COUNSEL-OTHER ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY PROSC DATA-INITIATED BY PROSECU,COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE-FL893.13(6A) LEVEL-FELONY STATUTE DESCRIPTN-CNTRL SUB WO PRESCRIPTION DISP DATE-ll/25/2009 DISP-DROPPED/ABANDONED COUNSEL-OTHER TRIAL- PLEA- AD~~g___~H_~_:-J:OOgI\'!_c::;EQ n._._______ _____COURT. _NO._l32 0 0 9CF03 611 0 0001XX----- SUPPLEMENTAL ARREST DATA- STATUS- TRIAL- PLEA- COURT NO.-132009CF0361120001XX ,3RD DEG ,3RD DEG LEVEL-FELONY ,3RD DEG --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 36 PROSC DATA-INITIATED BY PROSECU,COCAINE-POSSESS- COCAINE POSSESSION STATUTE/ORDINANCE-FL893.13(6A) STATUTE DESCRIPTN-CNTRL SUB WO DISP DATE-ll/25/2009 COUNSEL-OTHER TRIAL- ,3RD DEG LEVEL-FELONY PRESCRIPTION DISP-DROPPED/ABANDONED PLEA- THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. --CONTINUED-- SID NUMBER: 5040383 PURPOSE CODE:P PAGE: 37 AS MANDATED BY FLORIDA STATUTE 119.071(5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- Page 11 of 12 Pri:t! Hist::>r)' Ernail History to 32Ck DOI','I-iTO\,,'/,TOV/il"G@ h!e-vII SS8iCh :rrtDS:, ''''\'\\-\;:~ .:dJe .:::2.: e, fl. us, ccl__ipe,:/l~CI-IHi s:Gr'\~ ~,~!:,x HD:r-.e "irl "/Inl (i . . . . . . . . . . . . . . IM_----- -------- . . (t . . . . . . . . . . . . . . . . . C) () . . . . . . .FDLE Criminal History Information on the Internet Page 12 of 12 " . i-~-n,.I'~"'-~""''''~J r(n~ ,"i~'!~ fIji, !r'r....:..1..~..:::.f~',.C.cg~~C'~.c..-v ?;;::'!'y,. .........,.:.-......: ,'\ ,\ \''\_........._~......_..........\,_......L._-', ~.....~..._......'- Op,' . -...J.-.J..':-J._';'. )l~ ."-'I.-"-'.t... . ~ 'l::!~OlO EMPLOYEE-TOW TRUCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING () <l () () () {l (t (t 13 '. . () () (t (J ,t () o (t~ (t Cl Cl ct () () () (l () <l () () () ct (t o () (t ct () . . . . ,~ . f) . ~> 12-16-0~T -715 DATE ISSUED EMPLOYEE # Expires One Year From Date Issued .1 114,01-429 2/00 Issued by Miami-Dade Police Department 32.15,01-17 I I. I. '. . . . . . . . . . . . . -.-------- . . . . . . . . . . . . . . . . . . . . . . . . . . ,. !-_::~S:'i\),,\ -,\'::: ,;"'.:]e , 5':&::; ,:.l.us/CCHille: ceH Cl-2t;eReceip:.asf-iX J. .LJLL '--'lHIllflal tllsrory In!ormation on the Internet Page 1 of 1 FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION T Search Florida's Criminal NiS!ories l' :. let " Step 4 of 5 Receipt Please save this receipt for your records or retain the Transaction IO Number. Tilis is only your receipt. To view the results of your search continue to the results page. Customer Information Transaction Information DAGMAR DEL ROSAL 2418 N MIAMI AVE M IAr'" I, FL 33127 Transaction ID# 3110101 29457910 016827 Confirmation # Authorization # Time of Transaction 11/14/20082:01:15 PM Amount Charged $24.00 Your Search Criteria First Middle Last Date of Birth Age Race Sex SSN 593968662 Name JORGE PONCE CORTEZ 10131983 w M Maiden/ Alias .t 1 11.-1 r';(',(IQ I :. ,. . . . . . . . . . . . . . _u.--_.__. ___._.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~...-...- '-'U1111Ua.l ill:;lury InrormatIOn on the Internet Page 1 of7 FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION 7 Search Florida's Crimina! Histories C t, \ Criminal History Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DAGMAR DEL FC.DLE/5042359.PUR/P.ATN/ANONCCHINET/CCHINET/DAGMAR DEL SID NUMBER: 5042359 PURPOSE CODE:P PAGE: .._-~---_.__.._--- ... .BE.CAUS.E_.ADDITIONS__OR -DELETIONS -MAY-BE -MADE-AT -ANY TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE ** THIS CRIMINAL HISTORY CONTAINS A JUVENILE ARREST RECORD 1 NAME PONCE, JORGE LUIS SEX RACE BIRTH DATE --CONTINUED-- FLORIDA CRIMINAL HISTORY STATE ID NO. FBI NO. FL-05042359 HEIGHT WEIGHT EYES HAIR DATE REQUESTED 11/14/2008 BIRTH PLACE SKIN DOC NO. SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 2 M W 10/13/1983 5' 06" 160 FINGERPRINT CLASS SOCIAL SECURITY XXX-XX-8662 BRO NO. BLK VZ MISCELLANEOUS NO. M45030 SCR/MRK/TAT TAT R HND IN AFI S - 2 OCCUPATION ROOFER ADDRESS 3595 SW 143RD CT CITY/STATE MIAMI, FL ----------------------------------------------------------------------------- AKA DOB SOC SCR/MRK/TAT ----------------------------------------------------------------------------- CORTES, JORGE PONCE --CONTINUED-- TAT L HND SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 3 PONCE-CORTES, JORGE PONCE, JORGE TAT TAT TAT TAT R FGR BACK L LEG L ARM ------------------------------------------------------------------------------ ********************************************* JUVENILE *********************** ARREST- 1 01/26/2000 OBTS NO.-0012226310 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-732193 CHARGE OOl-BURGLARY- ~.RMED OCC CURT STATUTE/ORDINANCE- DIS?- (FL0130000) OFFENSE DATE- LEVEL-FI:LONY --C~l\'I INUED-J- >- h7l;~S.: '-,y\\ "',''':: .fele .stale.Ii US '( (2ineuCCHH.iston' .2S;:>: 11/11/-(')("(} I. ,. :. . . . . .' . . . . . . . ---.--- . . . . . . . . . . . . . . . . . . . . . . . . . . . LLlLD \...-ll1111Ilal rtlSLOry In!ormation on the Internet , SID NUMBER: 5042359 PURPOSE CODE:P CHARGE 002-WEAPON OFFENSE- THROW DEAD PROJECT INTO OCC DWELL STATUTE/ORDINANCE- DISP- CHARGE 003-DAMAGE PROP-CRIM MISCH- STATUTE/ORDINANCE- DISP- PAGE: 4 LEVEL-FELONY ------------------------------------------------------------------------------ LEVEL-MISDEMEANOR ********************************************* JUVENILE *********************** ARREST- 2 08/22/2001 OBTS NO.-1317014195 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0732193 CHARGE 001-AGGRAV BATTERY- --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P ~_.--,_._~-----~.... - - - .. - -- -- - --.-------BATTERy.AGGRA VATED STATUTE/ORDINANCE-FL784.045 DISP- (FL0130000) OFFENSE DATE-08/22/2001 PAGE: 5 LEVEL-FELONY ,2ND DEG ------------------------------------------------------------------------------ ********************************************* JUVENILE *********************** ARREST- 3 09/27/2001 OBTS NO.-1317015520 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0732193 CHARGE 001-BURGLARY- BURGLARY UNOCCUPIED DWELLING STATUTE/ORDINANCE-FL810.02(3B) DISP- CHARGE 002-LARCENY- --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P (FL0130000) OFFENSE DATE-05/16/2001 LEVEL-FELONY ,2ND DEG PAGE: 6 GRAND THEFT THIRD 300 00 TO 20,000 00 STATUTE/ORDINANCE- LEVEL-FELONY DISP- CHARGE 003-DAMAGE PROP-CRIM MISCH- CRIMINAL MISCHIEF OVER 200, UNDER 1,000 STATUTE/ORDINANCE-FL806.13 (lB2) LEVEL-MISDEMEANOR,lST DEG DISP- ,3RD DEG ------------------------------------------------------------------------------ ARREST- 08/10/2003 OBTS NO.-1305062085 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0732193 CHARGE 001-BURGLARY- BURGLARY OCCUPIED DWELLING --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P STATUTE/ORDINANCE-FL810,02(3A) DISP- CHARGE 002-BURGLARY- B::RGL],F:,. oce:;;: :E:, DKELL:NG L ,:ps:. '/";,-,:,-,,,'':: .fj) c,s::ale ,fl, us CCHinel>CCHHisw:~, .2Sp:>: (FL0130000) OFFENSE DATE-08/10/2003 PAGE: 7 LEVEL-FELONY ,2ND DEG Page 2 of7 ", /12-r:>nn.x 1. JJ LL vl11111Il1:tl nlswry lnIormation on the Internet I. '. I. i. . . . . . . . . . . 1-- -- . . . . . . . . . . . . . . . . . . . . . . . . . . . ~'--"--' L:'.::-'::. CHARGE STATUTE/ORDINANCE-FLBIO.02(3A) DISP- 003-BURGLARY- BURGLARY UNOCCUPIED STRUCTURE STATUTE/ORDINANCE- DISP- 004-BURGLARY- BURGLARY UNOCCUPIED DWELLING STATUTE/ORDINANCE-FLBIO.02(3B) ,2ND DEG LEVEL-FELONY ,2ND DEG LEVEL-FELONY ,3RD DEG CHARGE LEVEL-FELONY --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P PAGE: B CHARGE DISP- 005-LARCENY- GRAND THEFT 3RD DEGREE STATUTE/ORDINANCE-FLB12.014 (2C) DISP- ,3RD DEG LEVEL-FELONY JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE -- - - - -- ---- ~ ".---.--.+..-..-.- ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA-INITIATED BY PROSECU,BURGLARY- _ ______,______d_m____'_. ---- (FMH3015A)---' COURT NO.-132003CF0226680001XX LEVEL-FELONY ,2ND DEG BURGLARY OCC DWELL STATUTE/ORDINANCE- LEVEL-FELONY ,2ND DEG --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 9 DISP DATE-09/19/2003 COUNSEL-PUBLIC TRIAL- SPECIAL SENTENCE PROVISIONS-NOT APPLICABLE AGENCY-11TH CIRCUIT COURT - MIAMI CHARGE 005 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA- DISP-DROPPED/ABANDONED PLEA- (FL013025J) COURT NO.-132003CF022663AOOOXX LEVEL-FELONY ,3RD DEG LARCENY- GRAND THEFT_ 3RD DEG STATUTE/ORDINANCE-FL812.014 (2C) STATUTE DESCRIPTN-ERROR -DUPLICATE DISP DATE-09/02/2003 LEVEL-FELONY ,3RD DEG DISP-N/A COURT DATA-LARCENY- --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 10 GRAND THEFT 3RD DEG STATUTE/ORDINANCE-FL812.014 (2C) STATUTE DESCRIPTN-ERROR - DUPLICATE DISP DATE-IO/27/2003 COUNSEL-OTHER TRIAL-NONE SENT DATE-06/28/2004 LEVEL-FELONY ,3RD DEG DISP-GUILTY/CONVICTED PLEA-GUILTY CONFINEMENT- 2Y ,PRISON CONCURRENT ,F03022663A COMMU~ITY CONTROL-99Y 8M CRT PROVIS!O~S-AE!DE BY COURT REST~!CTIONS S?EC::::;'~~ S:::l~':ENCE: ?ROVIS:ONS-NOr APP1!Ck5LE ",,,-,:,-,\'! rQ'1f c;'Li'.'c- ;~: '1<; ('(gi;-.p; "c Cf-H-li "'(\'-,' ",C;....,. -..... ~~.~ -~._._.._- "- ....-~................... / ...: ;..........._......./.. .......-]...;..... 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J.'ULJw \,.,UHll1ict.l nl::ilury lilwrmanon on tne Internet ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- --CONTINUED-- COURT NO.-132003CF022664BOOOXX SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 11 LEVEL-FELONY ,3RD DEG STATUS-ADDED CHARGE PROSC DATA- LARCENY- PETIT THEFT STATUTE/ORDINANCE-FL812.014 (3A) STATUTE DESCRIPTN-PETIT 1ST OFF DISP DATE-09/02/2003 COURT DATA-SAME ,LARCENY- PETIT THEFT STATUTE/ORDINANCE-FL812.014 (3A) STATUTE DESCRIPTN-PETIT 1ST OFF DISP DATE-10/27/2003 COUNSEL-OTHER TRIAL-NONE SENT DATE-10/27/2003 LEVEL-MISDEMEANOR,2ND DEG DISP-N/A LEVEL-MISDEMEANOR,2ND DEG DISP-ADJ WITHHELD PLEA-GUILTY --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 12 PROBATION- 2Y SPECIAL SENTENCE PROVISIONS-NOT APPLICABLE ------------------------------------------------------------------------------ ARREST- 5 10/21/2003 OBTS NO.-1302101266 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0732193 CHARGE 001-BURGLARY- TC BURGLARY UNOCCUPIED DWELLING STATUTE/ORDINANCE-FL810.02(3B) DISP- CHARGE 002-BURGLARY- TC BURGLARY UNOCCUPIED DWELLING STATUTE/ORDINANCE-FL810.02(3B) (FL0130000) OFFENSE DATE-08/09/2003 LEVEL-FELONY ,2ND DEG LEVEL-FELONY ,2ND DEG --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 13 DISP- CHARGE 003-BURGLARY- TC BURGLARY OCCUPIED DWELLING STATUTE/ORDINANCE-FL810.02(3A) DISP- LEVEL-FELONY ,2ND DEG ------------------------------------------------------------------------------ **** THE FOLLOWING IS A STATUS RECORD -- NOT AN ARREST **** ARREST- 6 10/29/2003 OBTS NO.-0013765400 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-732193 OFFENSE DATE- CHARGE 001-CRIMINAL REGISTRATION (NOT AN ARREST)- DISP-NOT PROSECUTED RELEASED (FL0130000) ------------------------------------------------------------------------------ --CONTINUED-- SID NUMBER: 5042359 PURPOSE COJE:P PAGE: 14 AF.?EST- 7 ~l/O:/2003 OE:S NO.-:3140DO!!3 1-..~---_,_li.:_;\:.1 {:-;1'" ,',r_'", ~-, ", 'rrTT'..",. i-rU--i--,.,-, ~ . ~~ ..._:-__-.' 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Page 4 of7 '11/j 41:008 I. . . . . . . . . . . . . . .. -.---' . . . . . . . . . . . . . . . . . . . . . . . . . . o L U./..JL ......WlllIlCl.l t11STOry Intormation on the Internet ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0732193 CHARGE 001-NONMOVING TRAFFIC VIOL- DRIVING WHILE LICENSE SUSPENDED WITH KNOWLEDGE DISP- 01/10/2004 8 ARREST- OBTS NO.-1304746960 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0732193 CHARGE 001-BURGLARY- PW BURGLARY UNOCCUPIED DWELLING STATUTE/ORDINANCE-FL810.02(3B) --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P DISP- CHARGE 002-BURGLARY- PW BURGLARY OCCUPIED DWELLING _ n____ ,_ _____.__ _ ~~~_:_~~~O_R?2':'~J:J~~::~L.B ~_0_:_O;U3}\L CHARGE 003-BURGLARY- PW BURGLARY UNOCCUPIED DWELLING STATUTE/ORDINANCE-FL810.02(3B) DISP- OFFENSE DATE- (FL0130000) (FL0130000) OFFENSE DATE-OB/09/2003 LEVEL-FELONY PAGE: 15 ,2ND DEG ~_____ __ ....LEVEL"'FELONY-- ---.-', 2 N D-OE{;-----.-..------ --. 9 06/07/2004 ARREST- OBTS NO.-1304754395 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0732193 --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P CHARGE 001-LARCENY- GRAND THEFT 3RD DEGREE STATUTE/ORDINANCE-FL812.014 (2C) DISP- CHARGE 002-PROB VIOLATION- UNOCC BURG DWEL 002 CNTS, CHARGE 003-PROB VIOLATION- GRAND THEFT 3RD DEG CHARGE 004-PROB VIOLATION- PETTY LARC THEFT CHARGE 005-PROB VIOLATION- OCC BURG DWEL --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P JUDICIAL- AGENCY-11TH CIRCUIT COURT - MIAMI CHARGE 001 -COURT SEQ SUPPLEMENTAL ARREST DATA- STi'.TUS- PROSC Dl.T.e.- LEVEL-FELONY ,2ND DEG (FL0130000) OFFENSE DATE-06/07/2004 PAGE: 16 LEVEL-FELONY PAGE: 17 ,3RD DEG (FL013025J) COURT NO.-132004CF017323AOOOXX LJ..HCEt\Y- GRAND THEFT 3RD DEG ST~TU~E/0RD!NbNCE-F~812.01~ {2C) i"'r~'1C;" .I/..'_i....;_; .......-~r;:. 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() . . . .L l...J1..JLJ '-"11111111111 nl::iLury lnIOffilatlOn on the Internet STATUTE DESCRIPTN-ERROR - DUPLICATE DISP DATE-06/28/2004 DISP-N/A COURT DATA-LARCENY- GRAND THEFT 3RD DEG STATUTE/ORDINANCE-FL812.014 (2C) LEVEL-FELONY ,3RD DEG --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 18 STATUTE DESCRIPTN-ERROR - DUPLICATE DISP DATE-06/28/2004 COUNSEL-PUBLIC TRIAL-NONE SENT DATE-06/28/2004 CONCURRENT ,F04017323A PROVISIONS-SPLIT SENT - COMM CONTROL SENTENCE PROVISIONS-NOT APPLICABLE DISP-GUILTY/CONVICTED PLEA-GUILTY AFTER CONFINE CRT SPECIAL SUPERVISION OR CUSTODY- AGENCY-NORTH FLORIDA RECEPTION MEDICAL CENTER AGE_~~~_ C~~E~~_:_~~_~_O_____.._..S_~~~{J~~~~~E~V~~ _ REMARKS-BURG DWELL OCCUP CONVEY (FL063025C) _ _.,_ __ _. __ _,.0:z/l6/.2004------ --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 19 SUPERVISION OR CUSTODY- AGENCY-S. FLORIDA RECEPTION AGENCY CASE-M45030 CENTER - MIAMI STATUS-RECEIVED (FL013015C) ,07/20/2004 **** THE FOLLOWING IS A STATUS RECORD -- NOT AN ARREST **** ARREST- 10 02/17/2006 OBTS NO.-0013989744 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT (FL0130000) AGENCY CASE-732193 OFFENSE DATE- CHARGE 001-CRIMINAL REGISTRATION (NOT AN ARREST)- DISP-NOT PROSECUTED RELEASED THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- --CONTINUED-- SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 20 TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLORIDA STATUTE 119.071(5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. --CONTINUED-- l-~::;;s: 1/.\\-,:,-,:,"1, :iile. 5r:a1-e.fl. liS. '( CHiDe-:./(.CHHi S.~ 0::,' .2.SPX Page 6 of7 ] :/14/2008 r ULC L-nmmal ttlStory lntormatlOn on the Internet Page 7 of7 . . . . . . . . . <l . . . . . -.--- . . . . . . . . . . . . () . . . . . . . . . () . . . . SID NUMBER: 5042359 PURPOSE CODE:P PAGE: 21 END OF RECORD --END-- Print History Email History to Back I ~ New Search I . Home I . .. ---~_..~.--~--' --..- 1..-..~.I(';-;-i') {'-il", ~.'-'t" '-1 ;~ 'CC1-T:.-,,' r.C"H:--." . ~_.- ...d.~.... \, 'p "_....._~-,.,..:::.............."-..L .u....., ... ....1....1"- ~ L J:-:..._..._:_~~~,--!J\ .c..::]J\. . . ~j!1~.I2008 In I (. ' , I r~. I I () I '() I () 1(. ( ) () () ,t () <l (l () <t (J () () 0' <l () () () <t () () () ( ) () () C) () <t ' " ( ) (. () (~ (t 0 () . . EMPLOYEE-TOW TRUCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING Downtown Towing ~. DATE ISSUED f Expires One Year From Date Issued Issued by Miami-Dade Police Department 32.15,01-17 114,01-4292/00 ---..""--- -~-- ':1 ,\ I 'I ,'.1 '"'"............... oo\i;.,___-~-~~~~,,_~~ ..-~--.'.~.,;.." . . . . . . . . . . . . . . .---- . . . . . . . . . . . . . . . . . . . . . . . . . . -_:"~~"\-"'HlllrrcilnIstory Iillonnation on the Internet , Page 1 of 1 I <\ FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION T Search Florida s (rimina! !-lis/Dries r :" I. C c! ~ Step ~.~ of S Receipt Please save this receipt for your records or retain the Transaction ID Number. This is only your receipt. To view the results of your search continue to the results page. Customer Information DOWNTOWN TOWING CO 2418 N MIAMI AVE MIAMI, Fl33127 Transaction Information Transaction ID# Confirmation # Authorization # 4075282 C0499355 138150 Your Search Criteria Time of Transaction 7/15/2010 3:10:33 PM Amount Charged $24.00 Name Maiden/ Alias First Middle Last Date of Birth Age Race Sex SSN HECTOR TREJO 07231978 W M 107706197 .1~7"'C:;' '.'~,~,-;;-~.-. .f'-),i,.=. ,l;.:~.=. ';-111,/r'('t~i~~.1'o7'C'CW/'"""':;:""'t"a.~nA.f''o~ "! ,...."1...... .".r-'~' , ." "-,llL~,",__~.J. .__.v_.",.".~.. ,".L,"..a';:o"l:'"",..pl.a,)j-'A . . . . . . . . . . . . . . . ~. LJLtL '_d.~1111.11al J.....l"t:,LUly...dfl.viiTianOil-cr.n-l.TlC-.mu;f1..1CY . .J.. ~b~~-..:r:r--~ ~ 7' FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION Searc.!1 Florida ':; CriminiJl Historh's f :. ~ C t;l !\ Step S of ~j Your Search Results Your Search Criteria First Middle Date of Birth Race Sex SSN Last Age Name HECTOR TREJO 07231978 w 107706197 M Maiden/ Alias FDLE found NO Florida criminal history based on the information provided. No criminal -e-- -- -------------record 'check was -conducted for other stateS or'forthe-FBI;This re~ord -( or-statement-that------- _m_______ there is not a record) is based on a request from a member of the public.This customer used the FDLE internet system to search for the Florida record. FDLE is providing this to respond to the customer's request. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Helo understandino these results .t Name f.\iiase~f /;!so Known As DOt?, SSN R(~C(' Heiqht Eye Ha,,' V\ft~igl)t ~,~ey Prin~ Home! lIDOWNTOVVNTOWING@ New Search Email Results to: , r~ :-rps: ;'-~;~j.:} fil.=. C"~~"':;' .{'[ ~~s/.""r'!i:;"':;'~ f""'CT"':;C'~'''~'':1-1~.~, ::;:,"-.' \'\ \\ ,.._,~..u........~l.-;...I..L'-........:,.,.., ,I....,'-,_....l...ll..... ,-. ....l. ,.-J~\...;."uu...I"....__..'-+__'i..:.\. ;': 5/2010 () ("} tt <) tt () . () . () . ,) . (t . . () . (t (), (t . (l . . () () Cl o o o (t <t . (t . () . . . . . . , " EMPLOYEE-TOW TR.UCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING Downtown Towing TOWING SERVICE COMPANY Crp-f;~O, Jo-rge LAST NA E FIRST J , MI 831 West,. 38 .,Terr ADDRESS 'I .~ . \\ !1 04/ l' 9/66 5 I 9 'Il: 90 0.0.8. I' -HT. OJ ), U WT C621-420-66~139-0 FLORIDA 0 . R'S LICENSE NUMBER , .I !J ",I (. .,. ,1'7 ~...J ~.... .....~;;;:;;. , I J I f ! I II I 06/22/10 I DATE ISSUED I I I ~ IT-750 EMPLOYEE # Expires One Year From Dale Issued 114.01-429 2/00 32.15.01-17 I '- _ _ I -- -- - ) or. - ....... .., - "~- ~ (~ (-, (} ( ) () C) G 10 It. o () () o Cl (t (t <l () o {t () () () (t () (l () () n () <. o () ( ) () () t) o () o ~l ~ i__ -- - --- --- I I , i ".. T ~..-r ..,T."'" 2' 'f" 7' -;. f.. t jln~1'h.--;'l /... ' " " _ I>>" 'P ..".. 'f;' t;1"I.Jd_O" ~~~ ) '~f/W''''I' t ~'Caaw.s v0.lQ!24I:th~m lli!il OfJs!;. ssue . ) .... J!F prlfitect bJIw eV' loy@VphoiOQraptf' ~ . ". ~ -4 1\t1-53if15110Iit. ... ~ 41\ r Y"'~, "?,,./;"'.J . , J . . . !. CCH Candidates . .' . . . I: . . . Specified Search Criteria . I First IIMiddlell Last IIDate of BirthllAgellRacellSexl1 SSN . IName IIJORGEI ICRESpol1 04191966 I OOlEl12659701951 . IMaidenl 1_ ~__ ____ __ _._ __ _ __ ___, __.... -- ----,------ -- ,:____________m_ --..- ----------- -- --------- ------- --,-- ------ --- -- - --..--- --- - - - -- -----.---- -- -- -- ---- -- - - ---- . Press ACCEPT to Accept Charges and Process Search . or Press CANCEL to Cancel Search and Return to the Search Criteria Page . . . . . . . . . . . . . . . . . . . . . . . . . . Page 1 of 1 ~ Florida Department of Law Enforcement C ftmins-,i Hit.': t2.ry Irdcfm~ti::n <"~~"'_~N'W'''''''~'''-~~''~''Y'''~Y~_''_''~~_''V'''''W.''~.'^YN="'=""''''''_'N'_.'''~-~-''''''''''_'N.~~~~y~..,^""".~~~~:-_"-"",,,__~='~~____"_""""""~-"""""'-"N_~y.y"'"""'O.........~.."..._y_v.~.Ym.~_",,,,,''''''''W"""'_'~'~"'''N=A-''",^,,^_'~_'''''N~'^,'~''''Y_-,~,~~,,~ , _.vW"'""..,Y'_' ^,-, A charge of $23.00 is about to be billed to your credit card for a Name Inquiry based on the following: .yy"......~,.,~....."~""""'....,.~.,.,..,,~.~.....w._..~.~_~'.~"'"'^"....'_M....""""__~.~_....~-""'y.....'~y~.y_......"",.,,_~_"""^__y_....___.._.__.~.y_..y___w',..'.N.V.YY~.,.~.~-,._...,...^~ Accept Cancel 1'\11'1",. i.....:,..;.-\.\~J f":"Jp. C':-r:.~CJ, ';::i ~..':;;:!L-I-~'~Tl:;:;';.;i'-Lr-L~(-'1~?rrr,=.C' ~-i';"-;"'~ -j ,..,'..... ~ ~~.t.L.1.J~., ,\, _..\.... ....._.__..........___ '-_1...L1........_.. '-- J .'-'1.1~...t..... "O_.,Ll..~JI...c::._J.!X ~ 2 '~ 1 /:O;~)6 I ,. I. . . . . . . . . . . . . . H.______ . . . . . . . . . . . . . . . . . . . . . . . . . . . FDLE Search Results CCHCandidates Page 1 of 1 , Florida Department of Law Enforcem ent C riminel Hiet'JIY Infcnl1Qti0j'\ .",..yy~=._,._""y.~~y,v~,~"""",,,,,,,,<_'.w.,.v.=.~y.y.,.~.,.~.~..~.._w.~.v,^,~,__.._v_v~.........v.___--:....".....,..._"".....v.......,___"",^,",,_.y_,,~~~y,vV'_~.,.."__v,,,......~vv.....,,,,.>,..V'_""""""'''''''''''_'_='Y'',..,.v~.,,,~y_v=~_,'__'4"__,Y_Y_"V__YV_V'...._,,,y,,.vVY=_,.,.'~VA'~.__'V Search Results [ ! I First IIMiddlel1 Last IIDate of BirthllAgellRacellSexl1 SSN I IName IIJORGEI ICRESpol1 04191966 I ~[E]12659701951 IMaidenl Specified Search Criteria The Information being returned from the Criminal History Information '\Vebsite is a result of 2 inquiry only. It contains information on Florida arrests only; no out-of-state arrests are shown. ] identification can only be verified by s,ubmission of a fingerprint card and comparison by FDLE -the-Yecora(s }thafm('fsfUkely-apply-to-youriIiqiiIry:lfnone-of -therecords-refurnea-illiitch-the-iiic--'- -------,---- you are searching for,please select the None of the Above button below. '";': Name Aliases/Also Known As naB SSN Sex Race Height WeightE [J CRESPO, JORGE i-'j CRESPO, JORGE ~- LUIS Oi CRESPO, JORGE ,-- EMELIO r--1 CRESPO, JORGE '--- LAZARO CRESPO, JORGE H CRESPO, GEORGE 19660419 XXXXX0195 M W 510 185 B 19660107 M W 510 200 B 19640719 XXXXX8137 M W 507 200 B 19660419 XXXXX3033 M B 600 180 B 19640510 M W 510 175 B Home ] [ Search Criteria ] [ None of the Above ][ Display History ] [ F I I...... '\;,\)\"'\),"2 ..c'd1e ~:'2~ e .i"1.us :C:C"I-iinel. (C'J~C2JIC.ic2~tes .2.SDX 1 21 J ~ /:,)06 Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN T FC.DLE/2712016.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN T SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 1 . '.. . BECAUSE ADDITIONS OR DELETIONS M}\.Y_I?:EMbI~_E_,_1:\T__ANX_TJMEJ-__---------_.' _____uu________ ----------- --. -.---.--- -"----.----A--NEW-'-COPy---SHOui-o--BE---REQUESTEO--WH-EN NEEDED FOR FUTURE USE . FLORIDA CRIMINAL HISTORY NAME STATE ID NO. FBI NO. DATE REQUESTED . CRESPO, JORGE FL-02712016 12/11/2006 . SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR BIRTH PLACE SKIN DOC NO. M W 04/19/1966 5 ' 10" 185 BRO BRO CC . --CONTINUED-- . . . . . . . . . . . . . . Q . . . . () . CI .. . . . . . . . . . . . . . .. CCHHistory Page 1 of 4 Florida Department of Law Enforcement Cr1min81 Hist<::fY Infonn::>t1C'Ji - . : ....... ' ... ...} I ... . Ie; irlj!fif~il1fil;~tl rrjqsfbGrfY' [ Help for reading Criminal History/Rapsheet Help ] SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 2 CLASS 10 11 SOCIAL SECURITY NO. XXX-XX-0195 MISCELLANEOUS NO. SCR/MRK/TAT TAT L ARM FINGERPRINT DO 53 08 12 13 56 05 13 IN AFIS - 2 OCCUPATION TRUCK DRIVER ADDRESS 520 E 65TH ST CITY/STATE . HIALEAH, FL ----------------------------------------------------------------------------- AKA DOB SOC SCR/MRK!TAT ----------------------------------------------------------------------------- CRESPO, GEORGE TAT R ARM ------------------------------------------------------------------------------ --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 3 ARREST- 1 08/22/1988 OBTS NO.-0000336533 ARREST AGENCY-HIALEAH POLICE DEPARTMENT AGENCY CASE-J44619 CHARGE 001-DISORD CONDUCT- STATUTE/ORDINANCE- DISP-TURNED OVER TO ANOTHER AGENCY FL0130000 NO 417581 (FL0130400) OFFENSE DATE- LEVEL-MISDEMEANOR ------------------------------------------------------------------------------ AR~EST- 2 08/26/1988 03TS NO.-0000336804 ARREST AGENCY-HIALEAH POLICE DEPARTMENT AGENCY CASE-J44695 CHARGE 00l-DISO~D CONDUCT- (FL0130400) OFFENSE D-,,"TE- STATUTE/O~DI~ANCS- LE',\TEL-lv:1I SD~t~Ep_NO~" --CONTINllE!J-- h.l1-::i5: '\~\-'\7~-\;\~:' . f.: 1 :: . s:?t e .l~. 'ls/C'CI-li::1e,t "C C HH~ S1 Ol~\.. aSr,)~ 12/: 1 /:C06 I. CCHHistory I I- . .. '. 'e I. ;. I. .. . . I: . -.---- . . . . . . . . . . . . . . . . . . . . () . . . . . . Page 2 of 4 SID NUl'1BER: 2712016 PURPOSE CODE:P PAGE: 4 DISP-TURNED OVER TO ANOTHER AGENCY FL0130000 NO 417581 ------------------------------------------------------------------------------ ARREST- 3 12/11/1992 OBTS NO.-0005524246 ARREST AGENCY-METRO-DADE POLICE DEPARTMENT AGENCY CASE-417581 CHARGE 001-DRUGS-TRAFFIC- COCAINE ARM STATUTE/ORDINANCE- CHARGE 002-DRUGS-TRAFFIC- COCAINE STATUTE/ORDINANCE- (FL0130000) OFFENSE DATE- LEVEL-FELONY ,CONSPIRACY LEVEL-FELONY JUDICIAL- --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 5 __d____ AGENCY--ST ATE- A1'TORNE Y' S--OFFICE--- CHARGE 001 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA-N~ENDED --, ------.- ----.,- .-- ----,---------------- -- --'-----.'-(FL-O 130T5A)--'-- COURT NO.-F92041575 ,1ST DEG LEVEL-FELONY ,DRUGS-TRAFFIC- COCAINE TRFK 2 10K STATUTE/ORDINANCE- DISP DATE-01/04/1993 COUNSEL-SELF TRIAL- CHARGE 002 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA-AMENDED --CONTINUED-- COURT LEVEL-FELONY ,1ST DISP-DROPPED/ABANDONED PLEA- NO.-F92041575 DEG ,1ST DEG LEVEL-FELONY , DRUGS-TRAFFIC- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 6 COCAINE STATUTE/ORDINANCE- DISP DATE-01/04/1993 COUNSEL-SELF TRIAL- TRFK 2 10K LEVEL-FELONY ,1ST DEG DISP-DROPPED/ABANDONED PLEA- ------------------------------------------------------------------------------ ARREST- 4 05/19/1999 OBTS NO.-1304018620 ARREST AGENCY-HIALEAH POLICE DEPARTMENT AGENCY CASE-0417581 CHARGE 001-MUNICIPAL ORDINANCE VIOL- ASSAULT OR BATTERY MUNICIPAL ORDINANCE DISP- CHARGE 002-MUNICIPAL ORDINANCE VIOL- RESISTING ARREST WITHOUT VIOLENCE MUN ORD (FL0130400) OFFENSE DATE- --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 7 CH.LiP~GE DISP- 003-MUlHCI?AL ORDINP.NCE VIOL- ASSAULT OR BATTERY MUNICIPAL ORDINANCE DIS?- C~I:::.?"G~ 004 -1\/lU1\ICI ?;-"L Or:.DIl\.L.l~CE VIO::"'- .;:;_3SJ;>_ULT os. 3ATT~~Y MUNICI?AL Q?~DIN":j~CS :lTIi:' S : ~.,~\.'.,l,,-,\~2 .fdle. S~2le ,:1. L:.S. C'CHi~al:-: 'C.Cr-=Ei~lOI~\~ .2-SpX /1 J ,.':006 !. I: ~. I. ,- I: 'e I ,e . . . . . -. --- . . . . . . . . . . . . . . . . . . . . . . . . . . . CCHHistory Page 3 of 4 DISP- ------------------------------------------------------------------------------ ARREST- S 02/01/2000 OBTS NO.-13040308S9 ARREST AGENCY-HIALEAH POLICE DEPARTMENT AGENCY CASE-0417S81 CHARGE 001-AGG~~V ASSLT-WEAPON- ASSAULT AGGRAVATED (FL01304 00) OFFENSE DATE- --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 8 STATUTE/ORDINANCE-FL784.021 LEVEL-FELONY ,3RD DEG DISP- CHARGE 002-WEAPON OFFENSE- FIREARM USE, DISPLAY WHILE COMMITTING A FELONY STATUTE/ORDINANCE-FL790, 07 (2) LEVEL-FELONY ,2ND DEG DISP- CHARGE 003-FIRING WEAPON- FIREARM DISCHARGE IN PUBLIC . . ----- -------- .----ST ATUTE!ORD INANCE.:;FL7 9 0;1S(Tr--' -----.------LEVEL=--MISDEMEANOR~TST-DEG" DISP- CHARGE 004-DAMAGE PROP-CRIM MISCH- CRIMINAL MISCHIEF 1,000 OR MORE STATUTE/ORDINANCE-FL806.13(lB3) LEVEL-FELONY ,3RD DEG --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 9 DISP- CHARGE OOS-MUNICIPAL ORDINANCE VIOL- MUNICIPAL ORDINANCE VIOLATION DISP- JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE (FL01301SA) ADDED CHG -COURT SEQ COURT NO.-F00003609 SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY ,3RD DEG PROSC DATA-INITIATED BY PROSECU,AGGRAV ASSLT-WEAPON- ASSAULT AGG FIREARM STATUTE/ORDINANCE- LEVEL-FELONY ,3RD DEG DISP DATE-01/16/2001 DISP-NOLLE PROSSED --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 10 PLEA- COUNSEL-PUBLIC TRIAL- SPECIAL SENTENCE PROVISIONS-NOT APPLICABLE ADDED CHG -COURT SEQ COURT NO,-F00003609 SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY PROSC DATA-INITIATED BY PROSECU,WEAPON OFFENSE- FIREARM USE COMT FEL STATUTE/ORDINANCE- DISP DATE-01/16/2001 COUNSEL-PUBLIC TRIAL- SPECIAL SENTENCE PROVISIONS-NOT APPLICABLE ,2ND DEG LEVEL-FELONY ,2ND DEG DISP-DROPPED/ABANDONED PLE..n.- C2A~GS 003 -COURT SSQ SU?PLEMENT~L A~~~ST DAT~- j- -CJl'~T=l-Jij;D-- I COORT NO.-?00003609 t',:-<.',n:::;'. '"';--1'-") f.-i'''' "L';'''' J-~I U' C'Cu:I"",/crVH.:,"""'-- ~,"Y ..... __ ~" \,_...:.......1......0..1 .......Ior. _.., .-J' 1.1..... 1 \,.... \,.-' '-....l..o-l..:.._,~;_.i.\ ........-l-!~... 12, 1111006 '. !. ~- ,- . . . I. '. l. I. ,. I. I. i: . . . . . . . . . . . . . . . . . . . . . . . . . . . CCHHistory Page 4 of 4 SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 11 STATUS- PROSC DATA- LEVEL-MISDEMEANOR, 1ST DEG WEAPON- PUBLIC FIRING FIREARM DISCH STATUTE/ORDINANCE- DISP DATE-01/16/2001 COUNSEL-PUBLIC TRIAL- SPECIAL SENTENCE PROVISIONS-NOT APPLICABLE CHARGE 004 -COURT SEQ COURT SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA-REDUCED LEVEL-MISDEMEANOR, 1ST DEG DISP-NOLLE PROSSED PLEA- NO.-F00003609 ,3RD DEG LEVEL-FELONY ,DAMAGE PROP-CRIM MISCH- CRIM MIS 200 1000 STATUTE/ORDINANCE- LEVEL-MISDEMEANOR, 1ST DEG --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 12 .."..~__._._._._...__n__ ._.... _~. .._ _M__._ _..__.___h_ _.._________.. __ .______._______._ u~. ~------.--_. ._----- ,...,--- - ---- ---.-.-.~...------_..--.. --.---_.- _.~. --- --.--.--..- .___.__~_.___._.___,~_._n____ ...n." ______._~_.._..__. ..-----.--.---.- DISP DATE-01/16/2001 DISP-NOLLE PROSSED COUNSEL-PUBLIC TRIAL- PLEA- SPECIAL SENTENCE PROVISIONS-NOT APPLICABLE ------------------------------------------------------------------------------ THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLORIDA STATUTE 119.071 (5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 13 CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY, UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- New Search Print History ] [ Back . ] [ Email History Home Email: ~"j ~T'~,' ;;"t' - ;.'" ~ .! i."';)=- ,-: <; 1"p .-:Wi ~ ~,-.. c.rT.T~."'o p ~ fCC1-.TT-F c:t - ..-' '::' ,"-\'\"" _~I."._"'" '\' "__._;"...J,.~.__......\......1_.L.;..;)/ '_',.;._~.1.1._....': .....L.i....L.J.....,~LI;.\ .~-.r;''J ] :. 11 '':::0(,5 . . I: I. ~. I. . . . . . . . 1_ mn_ ._00' . . . . . . . . . . . . . . . . . . . . . . . . . . . . CCHHistory Page 1 of 4 Florida Department of Law Enforcement ;:":i;;n!n2; H __ tv Infcrm::.t:::-n r. - . -.' ~..'" 11 iLl;' ....,".r ..... 'r"'\' ,jnrHH,j2i!iJ rrl&UO y [ Help for reading Criminal History/Rapsheet Help I Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN T FC.DLE/2712016.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN T SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 1 __._.. _ .___,_.__.J3E:CAUSK.ADDlTIDNS.-OR---DELET IDN S:MAY--BEnMADE'A-T-ANY'-TI ME ;___00__ A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE FLORIDA CRIMINAL HISTORY STATE ID NO. FBI NO. FL-02712016 HEIGHT WEIGHT EYES HAIR BIRTH PLACE 5'10" 185 BRO BRO CC . ------ .---. .---..-....-.. NAME CRESPO, JORGE SEX RACE BIRTH DATE M W 04/19/1966 --CONTINUED-- DATE REQUESTED 12/11/2006 SKIN DOC NO. SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 2 FINGERPRINT CLASS DO 53 08 12 10 13 56 05 13 11 IN AFIS - 2 OCCUPATION TRUCK DRIVER SOCIAL SECURITY NO. XXX-XX-0195 MISCELLANEOUS NO. SCR/MRK/TAT TAT L ARM ADDRESS 520 E 65TH ST CITY/STATE ,HIALEAH, FL ----------------------------------------------------------------------------- AKA DOB SOC SCR/MRK/TAT ----------------------------------------------------------------------------- CRESPO, GEORGE TAT R ARM ------------------------------------------------------------------------------ --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 3 ARREST- 1 08/22/1988 OBTS NO.-0000336533 ARREST AGENCY-HIALEAH POLICE DEPARTMENT (FL0130400) AGENCY CASE-J44619 OFFENSE DATE- CHARGE 001-DISORD CONDUCT- STATUTE/ORDINANCE- LEVEL-MISDEMEANOR DISP-TURNED OVER TO ANOTHER AGENCY FL0130000 NO 417581 ------------------------------------------------------------------------------ ARREST- 2 08/26/1988 OBTS NO.-0000336804 ARREST AGENCY-HIALEAH ?OLICE DEPARTMENT AGENCY CASE-J44695 CHARGE OOl-DISORD CONDUC?- STATUTE/O~D~NANCE- (FL0130400) OFFE:l~SE D.l\TE- LSVEL-MISDEMEANOR - -C01~TI !\ii_1EC'-- I I '~.":"i"~C' :..~_~.'l ':.~1..::. ::",.".~ ~i ~1."" :(-...,rl.T;..-.-.... r'I-:"'-Tl:_..?-~.. ~~.._.. 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CCHHistory Page 2 of 4 SID 2712016 PAGE: 4 NUMBER: PURPOSE CODE:P DISP-TURNED OVER TO ANOTHER AGENCY FL0130000 NO 417581 ARREST- 3 12/11/1992 OBTS NO.-0005524246 ARREST AGENCY-METRO-DADE POLICE DEPARTMENT AGENCY CASE-417581 CHARGE 001-DRUGS-TRAFFIC- COCAINE ARM STATUTE/ORDINANCE- CHARGE 002-DRUGS-TRP.FF'IC- COCAINE STATUTE/ORDINANCE- (FL0130000) OFFENSE DATE- LEVEL-FELONY ,CONSPIRACY LEVEL-FELONY JUDICIAL- --CONTINUED-- SID 2712016 PAGE: 5 NUMBER: PURPOSE CODE:P . .- -~ --- - ----_.,-----.-----.. - --~_. - ---- - .~_._-... --AGENC-.{':-STATE-AT-Topj~EY'-Sm~OFFIC-E~ - - r_____ CHARGE 001 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA-AMENDED ( FL013015A) COURT NO.-F92041575 ,1ST DEG LEVEL-FELONY ,DRUGS-TRAFFIC- COCAINE TRFK 2 10K STATUTE/ORDINANCE- DISP DATE-01/04/1993 COUNSEL-SELF TRIAL- CHARGE 002 -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA-AMENDED --CONTINUED-- COURT LEVEL-FELONY ,1ST DISP-DROPPED/ABANDONED PLEA- NO.-F92041575 DEG ,1ST DEG LEVEL-FELONY ,DRUGS-TRAFFIC- SID 2712016 NUMBER: PAGE: 6 PURPOSE CODE:P COCAINE STATUTE/ORDINANCE- DISP DATE-01/04/1993 COUNSEL-SELF TRIAL- TRFK 2 10K LEVEL-FELONY ,1ST DEG DISP-DROPPED/ABANDONED PLEA- ARREST- 4 05/19/1999 OBTS NO.-1304018620 ARREST AGENCY-HIALEAH POLICE DEPARTMENT AGENCY CASE-0417581 CHARGE 001-MUNICIPAL ORDINANCE VIOL- ASSAULT OR BATTERY MUNICIPAL ORDINANCE DISP- CHARGE 002-MUNICIPAL ORDINANCE VIOL- RESISTING ARREST WITHOUT VIOLENCE MUN ORD , (FL0130400) OFFENSE DATE- --CONTINUED-- SID 2712016 PAGE: 7 NUMBER: PURPOSE CODE:P DISP- CHARGE 003-MUNICI?AL ORDINANCE VIOL- ASSAULT OR BATTERY MUNICIPAL ORDINANCE [)ISP- Cn..L.;.::~GE 0(;4 -[vjON I CI }=,]O_L O?~DIN_~NCE ilIO~- ~.S.s~_J~TO? E~TTERY MUNICIPA~ C)~DI1~]::..~~CE :-,'*-t-~""-~i";~,;,') .r,"';1,=, (".'.:')";..- ~ PC" rr'T-J~.-:~~ ;rl"-'W-:-!-~("~;-,~~\_~ r:::-~"\',. 1 ., 'i 1"-) (l(\~ ~. Ie I . ,- ,. Ie . . I. I. !. ,. . . . 1-. -- ----- . . . . . . . . . . . . . . . . . . . . () . . <t . . . CCHHistory Page 3 of 4 DISP- ------------------------------------------------------------------------------ ARREST- 5 02/01/2000 OBTS NO.-1304030859 ARREST AGENCY-HIALEAH POLICE DEPARTMENT AGENCY CASE-0417581 CHARGE 00l-AGGRAV ASSLT-WEAPON- ASSAULT AGGRAVATED (FL01304 00) OFFENSE DATE- --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 8 STATUTE/ORDINANCE-FL784.021 DISP- CHARGE 002-WEAPON OFFENSE- FIREARM USE, DISPLAY WHILE COMMITTING A FELONY STATUTE/ORDINANCE-FL790.07(2) LEVEL-FELONY DISP- CHARGE 003-FIRING WEAPON- . FI REARM D I ~<::!:1?-~G~mJJ~_ ?QJ~Lr.~ __,__ __ ___ ________ ..,__ _ _ __________ d_ . _ ______,_____HU__ ------ -------------8 TATOTE/ ORb I NAN CE - FL 7 90 . 15 ( 1 ) DISP- CHARGE 004-DAMAGE PROP-CRIM MISCH- CRIMINAL MISCHIEF 1,000 OR MORE STATUTE/ORDINANCE-FL806.13(lB3) LEVEL-FELONY ,3RD DEG ,2ND DEG LEVEL-MISDEMEANOR, 1ST DEG LEVEL-FELONY .,3RD DEG --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 9 CHARGE DISP- OOS-MUNICIPAL ORDINANCE VIOL- MUNICIPAL ORDINANCE VIOLATION DISP- JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE ADDED CHG -COURT SEQ SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY PROSC DATA-INITIATED BY PROSECU,AGGRAV ASSLT-WEAPON- ASSAULT AGG FIREARM STATUTE/ORDINANCE- DISP DATE-01/16/2001 (FL01301SA) COURT NO.-F00003609 ,3RD DEG LEVEL-FELONY DISP-NOLLE PROSSED ,3RD DEG -'-CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 10 COUNSEL-PUBLIC TRIAL- SPECIAL SENTENCE PROVISIONS-NOT APPLICABLE ADDED CHG -COURT SEQ COURT NO.-F00003609 SUPPLEMENTAL ARREST DATA- STATUS- LEVEL-FELONY PROSC DATA-INITIATED BY PROSECU,WEAPON OFFENSE- FIREARM USE COMT FEL STATUTE/ORDINANCE- DISP DATE-Ol/16/2001 COUNSEL-PUBLIC TRIAL- SPECIAL SENTENCE PROVISIONS-NOT APPLICA3LE PLEA- ,2ND DEG LEVEL-FELONY ,2ND DEG DISP-DROPPED/ABANDONED PLEPi- C~ARGE 003 -COC;~T SEQ SOPPLEMENTAL ARREST DATA- l- -COI~TI N~;ED-- I COURT NO.-F00003609 1~".....t~'"'~.' \i.-"'),:"'!~,-': '::-"';1..::: C'''';.',=, rt ~1C,/(."'-;--U:'~,"':'1 ,'r{--!.T"r_~:-........_. __,. I. I,. '. I: . I. . . ,. i. Ie I: . IU-. . e . . . . . . . . . . . . . . . . . . . . . . . . . CCHHistory Page 4 of,4 SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 11 STATUS- PROSC DATA- LEVEL-MISDEMEANOR/1ST DEG WEAPON- PUBLIC FIRING FIREARM DISCH STATUTE/ORDINANCE- DISP DATE-Ol/16/2001 COUNSEL-PUBLIC TRIAL- SPECIAL SENTENCE PROVISIONS-NOT APPLICABLE CHARGE 004 -COURT SEQ COURT SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA-REDUCED LEVEL-MISDEMEANOR/1ST DEG DISP-NOLLE PROSSED PLEA- NO.-F00003609 ,3RD DEG LEVEL-FELONY ,DAMAGE PROP-CRIM MISCH- CRIM MIS 200 1000 STATUTE/ORDINANCE- LEVEL-MISDEMEANOR/1ST DEG --CONTINUED-- SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 12. ----- ~ ~ ---- - .-- ---------- --- -- ------ -- ------ -- - - -- ------- DISP DATE-01/16/2001 COUNSEL-PUBLIC TRIAL- SPECIAL SENTENCE PROVISIONS-NOT APPLICABLE DISP-NOLLE PROSSED PLEA- THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLOKIDA STATUTE 119.071(5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND --CONTINUED-- . SID NUMBER: 2712016 PURPOSE CODE:P PAGE: 13 CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- [ Back [ Email History } Home New Search Print History Email: 1. l ~.- ~. '..,"',~ " -\ ! -;;.-.' (',. ,~,-..:-- L~ . " c .-. ,-' 1-~:-' '....:" r'o'.;: .::::~..,:), 1 ~ 1 1 /', (1(;,-, ~>IIf . CCHChargeReceipt . . . . e Ie . . Ie) e . . Ie I;....... . . . . e . . . . . . . . . . . . . . . . . . . . . e Page 1 of 1 Florida Department of LavJ Enforcement Criminei Histt'ry InformntiCf1 .,_~,_v_,_.,~",y,"".__V__""~,_'r___.v'~,,,"'.v~~~"'"__y_",^^FV''''V__>>~'"'''''~'W''~'''~''''''_'''_'''Y'~Y''_''_''''''''~W''u.yy__,"".~_""~.,,,,~.,.,~.,~.~'N",'-A~'^'?"''''W=-'-~_V~'Y-~..._~.~._,"WYV"-_'..'^"Y .." v.'V' '-. Receigt W Please save this receipt for your records or retain the Transaction to Number. ~ Customer Information DOWNTOWN TOWING COMPANY 2418 N MIAMI AVE Search Criteria Requested First Name: JORGE Full Name: Address!: Address2: City: MIAMI __State: _______FL_,___ ,----------.--.. ---- ---=------.. Zip: 33127 Middle Name: Last Name: Maiden First Name: _ ______.l\1aidenMiddleN am e: ---...-------------------:-------- -- -------.- --- ---- ---- Maiden Last Name: Date of Birth: 04191966 Age: Race: W Sex: M SSN: 265970195 ~Transaction ID Number (CCService Account Number): 699691 Confirmation Number: 7206386 Authorization Code: 060967 12/11/20063:01 :27 Time of Transaction: PAl Amount Charged: $23.00 CRESPO Print Receipt ] [ Continue to Search Results ] [ Email Receipt to ] )-"",;::. /\''''"",.1/) f-1i-= ;::;~Tt- fJ ""r\~h;;1~' CCHC1-?.a-=T)e'~F>;'., ?~"." ~ __.1 _. " _,.........._Iro. .-'"'c~ ,_ .L:...._ '- _.1____......... oL":' .:...l~.!...::-....I\.. '....'''''...:-'..d._~.:.J.^- . }~! 11 /2006 I '. I. I. i. I. I: 'e . ,- . I. . . l-~-.._._---, . . - . . . . . . . . . . . . . . . . . . . . . . . . . CCH Candidates Florida Department or Law Enforcement ~('.m1n:.-:.; l-i:st:i-Y Inform:-;:::1on Page 1 of 1 A charge of $23.00 is about to be billed to your credit card for a Name Inquiry based on the following: Specified Search Cdteria I First IIMiddlel1 Last "Date of BirthllAgellRacellSexl1 SSN I IName IIJORGEI ICRESPOII 04191966 I ~[EJ12659701951 IMaidenl ------ - --- -_.- -~_._,_._.--._---._.. ------ --. - - ----- ------ -- ------ Press ACCEPT to Accept Charges and Process Search or Press CANCEL to Cancel Search and Return to the Search Criteria Page Accept Cancel l.':~-'~~C' ,'\\"'\:-':,"\\ ! .r:-...::' F c'-:;C~ p Fi ... 1(" 1(-"(---:!-J' ;..,.=,.... (- rT_": {-l~ ....,.~.... ~t-.- '*. .;-...........A r. ....~~.... I. . . . . . . . . I. . . . . I-~-- . . . . . . . . . . . . . . . . . . . . . . . . . . . . FDLE Search Results CCHCandidates Page 1 of 1 . Florida Departm.ent of Law Enforcement G ri:l1jru::iH ist'Ji"'y Inform n 1- Search Results Specified Search Criteria I First IIMiddlel1 Last IIDate of BirthllAgellRacellSexl1 SSN I IName IIJORGEI ' ICRESpol1 04191966 I [JYJ[H]1265970195! IMaidenl The Information being returned from the Criminal History Information Website is a result of II inquiry only. It contains information on Florida arrests only; no out-of-state arrests are shown. ] __!_~~~t:iK!~!l_~i_2-!!_~?P__9gJYl>_~_y_erifi~d _by_ submission _of a fingerprint card -and-co m parison-hy- FDLE----------. the record(s) that most likely apply to your inquiry.If none of the records returned match the in( you are searching for,please select the None of the Above button below. l'~ ~~ill(~ AHas~~s!Abo K[1O;.'','n A.s E DOB SSN Sex RuccHeight \V CRESPO, GEORGE B CRESPO, JORGE CRESPO, JORGE LUIS CRESPO, JORGE. EMELIO CRESPO, JORGE LAZARO CRESPO, JORGE H 19660419 XXXXX0195 M W 510 185 19660107 M W 510 200 B 19640719 XXXXX8137 M W 507 200 B 19660419 XXXXX3033 M B 600 180 B 19640510 M W 510 175 B Home 1 [ Search Criteria ] [ None of the Above ] [ F Display History :...-.:.."..... ,...._..."'1 ...."'_'~~ ___........ .'J-,'--"'r"':' I.-..-'r'r.- d .',"\ , <l I (~- (} () o I() I() o . . () . (t () . . . . . ()' . . . () . . . . . . ,t . . . . . . () . . o . . . -, ~-- , J - -- --- -- il EMPLOYEE-TOW TRUCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING DOWNrrOWN TOWING TOWING SERVICE COMPANY , ~RAR~ ~AMR~ TH~MnS~.i.,.' LAST NAME FIRST MI ~ 524 RW J 3S TERR' 'I: ADDRESS : 12 / 21 / c:; 1 6' 1 25 0 Iii ~sP~20-458Jg'1-461~O ~I FLORI A DRIVER'S LI ENS NUMBER , , /.,. ,- ..) i d " 1 u, j ~- PJ1 II ~ ~ ; Expires One Year From Date Issued II . ~ "w." 1: i II 114.01-429 2/00 l' .....----- ':="'~ ,;;.o,;;;.~-<_ ~- , I h f I I ) ... ... .. -~ ~~ . . . . . . . . . . . . . . . . . I. . <t . . . . . . . . . . . . . . . . . . . . . . . .. 'l -i. 1'. It 011.690 Miami-Dade Police Bepartment lOW TRUCK;DRIDR 1.0. C-ARO'WNfflll'l '<....1 J I.D.pard is void 24 months from date of issue 1 O SPrinted below employee photqgraph. I I U 6/1 0 114.01-99 7/00 ~lJ' ""!"', . . " I l- Ie Ie '. '. . . () . () . . . . . . () <t . . . . . . . . . . -.--~-- -~----- . . . . . . . -. . . . . . . ~~~E C~'irr:i~~~1l :riS-L:)~~~'; =r~='=-~':;":i2;'-~:L)~;' C~1 [>;.:- =n>:rn-:i: .., - . 'i~~;':?~K~- .#~7~"""~~ii\: :~1:1cti~~~!~ - ........... ,'" t'o::.'):"l;\ 1:-:) J ~ ! _~ :',;":,-:'r~.f:l r,~; ;",;(;(,:)". 'M (} ;'\",1 , ,;-. ,n;.s~ '},r<> R '-t ~, ~:~<o: ',i .; , --";:::,\,.,,,,,,];0 . ~-CY'i pjeaslS save this rEceipt lor Y'OlUr records or retain the Transaction ID Number. ,........,., . __ _I nLS~ LS ()n!}~ ]"-0 vie-;,:v -the results -()( resu!L-s j'Jage. :-f~ 6T-- ---- Infci^matiDi1 Tr3n$Zct~on lrrTGrrnatjcrg DOWi\lTOWI\I TOWING CO 2418 1\1 fvlIAMI AVE fvlIAj\tlI, FL 33127 Transaction 10# Confirmation # Authorization # 224'91:67 13069573 080794 J":,,__:~ Amount Charged Time of Transaction 8/2/2007 6: 16: 24 Pfvl 'rr::~Jr 5,e2rch Chteti21 First fiJiddle Date of Birth Age Last Name SEARS 12211951 JAj\tlES Maiden/-'Alias---~-~ "~I- ~'//\\. -,-;:\-2 fl1 -c;:t -t f] llc;:/CCH' p~/0'-'HCb~ (JAR'" 0" t !'1<;:.-,,, iH.P~, ,IV; ,; _.~(Le,v a e. _. .'~ l11_l \~\~_.. __.r;:,... "....C"lp.. "~l--'" $23.0D Race Sex SSi'l 063443928 IN j\tj 8/2/2007 I i. I- ,. ,. ,- ,- ,- {t . . . . . . . . . . . . . . . . . . . . --e- --------- . . . . . . . () . . . . . . ~' --. I ;1., 3.. ;.....,'.........!.- .. ....~ ........ . ~:.3~~' '~,j' C1~~:, ~.c.e -:-~~--..-:.;..':: ~ :~~- .i' i .~ -~ ,,- (". . ~,.- ,,,,' >.,' - ",1., r J/'~ _~, f '-;,1, ~""'" "!' ',Y;, ""~.-""'\ 1 ~~ J~,t*"1,..,,1""">."'" T 'L. rJ i:r lJ J j ,2 J rJi ,;::H..,u j *J Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/UNKNOWN BI FC.DLE/1935576.PUR/P.ATN/ANONCCHINET/CCHINET/UNKNOWN BI SID NUMBER: 1935576 PURPOSE CODE:P PAGE: 1 BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME. A NEW COpy SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE FLORIDA CRIMINAL HISTORY Nll_ME SEARS, JAMES T SEX RACE BIRTH DATE M W 12/21/1951 --CONTINUED-- STATE ID NO. FL-01935576 FBI NO. DATE REQUESTED 08/02/2007 HEIGHT 6' 00' , WEIGHT 195 EYES BRO HAIR BRO BIRTH PLACE NY SKIN DOC NO. SID NUMBER: 1935576 PURPOSE CODE:P PAGE: 2 FINGERPRINT CLASS PM PI 12 20 PO 01 10 12 21 19 OCCUPATION PAINTER SOCIAL SECURITY NO. MISCELLANEOUS NO. sCR/MRK/TAT ADDRESS 815 LENOX AVE CITY/STATE tlIAMI BCH, FL ----------------------------------------------------------------------------- DOB SOC SCR/MRK/TAT _ _ _ _ _ _ _.J. _ _ _ _ __ __ _ _ __ _ _ _ _ _ _:.. .:.-=.=.-.:-::..::::.-=,;;;:;.;._..:.;".....:;;.=-~-.::..; -"-_....;-...-.....- -------------- _._."..,.'"""_._~_-__=R7:::'_-_":..-::..:-_ -- - -:. - -~ -- -- .--- AKA SEARS, JAMES THOMAS ------------------------------------------------------------------------------ ARREST- 10/18/1983 OBTS NO.- (FLO 130000) ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT --CONTINUED-- S!D NUMBER: 1935576 PURPOSE CODE:P PAGE: 3 OFFENSE DATE- AGE~C~ CASE-3~3653 CHARGE 001-BURGLARY- AUTO STATUTE/ORDINANCE- C~ARGE 003-LARCENY- GRAND STATUTE/ORDINANCE- CHARGE 003-BURGL TOOLS-POSSESS- STATUTE/ORDINANCE- LEVEL-FELONY LEVEL-FELONY LEVEL-FELONY 1....L.k..........1l-:.,:-.,-,-.':,:'J frilp ~t~:rlC\ fl11~/('C1-11.;1P.t/r.,C~-T~~,to~....\! >l"D'{ __ .v,.. "0.' \.......; '- ..... ___ ..... 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B E UNOCCUPIED STATUTE/ORDINANCE-FL810.020(3B) DISP DATE-06/08/1984 LEVEL-FELONY DISP-PRE TRIAL DIVERSON CRT PROVISIONS-PRETRIAL DIVERSION SATISFACTORILY COMPLETED CHARGE 002 -COURT SEQ COURT DATA-LARCENY- COURT NO.-83023692CF GRAND 2 DEG STATUTE/ORDINANCE-FL812_014 (2B) DISP DATE-06/08/1984 LEVEL-FELONY DISP-PRE TRIAL DIVERSON CRT PROVISIONS-PRETRIAL DIVERSION SATISFACTORILY COMPLETED CHARGE 003 -COURT SEQ COURT NO.-83023692CF COURT DATA-BURGL TOOLS-POSSESS- STATUTE/ORDINANCE-FL810.060 LEVEL-FELONY uCONTINUED-- SID NUMBER: 1935576 PAGE: 5 PURPOSE CODE:? DISP DATE-06/08/1984 DISP-PRE TRIAL DIVERSON CRT PROVISIONS-PRETRIAL DIVERSION SATISFACTORILY COMPLETED THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME' INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLORIDA STATUTE 119.071(51, FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS uCONTINUED-- SID NUMBER: 1935576 PAGE: 6 PURPOSE CODE:P NECESSITY AS DEFINED BY THE LAW) _ FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- ?'~.,?~ =- -,- Print His~orl cmail History to Back New Search l,rh"" .//.....,ii.."';,r~/' +~1.~ -:"'.4......~~ .c: ~.._/'-'0;_T:'~=-"_'0~~~'T~,-d'( "'\' r -, -.I ..;,....~..t"s.,' " ,t 11_....!..~_'-".,:,~'"..,,'-.1.1.......:J1 v'v.J..1111",-,U,- _J._.J1.1.)l.o.ry.a.,:,pt\. Home 8/2/2007 I o <}. ( ~ (} () I t t I() {} () (t () () (J () () . o () () (), . () o () e) e) o . <.t () {) () (t () (t () (. () . <l () . . . " EMPLOYEE-TOW TRUCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING Downtown Towinq TOWING SERVICE COMPANY MOrejen ,Jimmy LAST AME " ,FIRST 2392NE 197 St~\ ADDRESS." ~I . o 8 / 1 '8 7 6 2 5 I 6 ,1..7 0 0.0,8. . HT. ":1 wr M .;;. FLORID. PRIVER' . if Ij I I. 01/05/10 IT -797 DATE ISSUED EMPLOYEE # Expires One Year From Date Issued 114.01-429 2/00 I , ~ .... .... -- -II1II MI Issued by Miami-Dade Police Department 32.15.01-17 ~ - ....-- - ~ ~- -"" ... - - . . . . . . . . . . . . . . 1--.... . . . . . . . . . . I. . . . I. . . . . I. ,. . ,. '. :. :. I. . .... ------- U'~",-,LJ uHVl!l1C:tllun on the Internet Page 1 of 1 1 ~'~-~ 1."'" ~_Jj 'C:::'"'''''S7 FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION T Search Pforitia:~ Criminal Histories f :. l. .: lJ ~: Step '"! 01 ~:i Receipt Please save this receipt for your records or retain the Transaction ID Number. This is only your receipt. To view the results of your search continue to the results page. ---- . -------Custorller-InTor-matlon Transaction Information DOWNTOWN TOWING CO 2418 N MIAMI AVE MIAMI, FL 33127 Transaction ID# 4075202 Confirmation # C0499244 Authorization # 192177 Time ofTransaction 7/15/20102:50:06 PM Amount Charged $24.00 Your- Search Criteria First Middle Last Date of Birth Age Race Sex SSN Name Maiden/ Alias JIMMY MOREJON 08181962 W M 266452420 j~ttps:/J\,,-\:,\,,-: ,:-d:~, S-.2.7e ,,]. L:S. ':'chi::lct'CCH Cl:2.r;e ?,::c.eipL2.Sp:>~ 1;15/20]0 . . . . . . . . . . . . . . -.- . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------ ----.~.J uuvHHUl1Ull Ull Ult:: internet Page 1 of 3 f II';"';-~). .,f':M.. '. _!~.., f -.; -~, r\, \ ;! \'-, - ='1 \~~y FLORIDA DEPARTMENT OF LAW ENFORCE:rv'lENT CRIMINAL HISTORY INFORMATION 7' Sealth FloridiJ~' Criminal Histories f ,l.. ~ ::- l> ,- Criminal History Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN T FC.DLE/3883355.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN T SID NUMBER: 3883355 PURPOSE CODE:P PAGE: 1 _B~~AU~~ __~DDI:r~?~~_9..!'._pELET.IQtlS_..MAY . BE. MADE uAT-ANY-TTME;--- A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE FLORIDA CRIMINAL HISTORY STATE 10 NO. FBI NO. NAME DATE REQUESTED 07115/2010 BIRTH PLACE SKIN DOC NO. MOREJON, JIMMY SEX RACE BIRTH DATE M W 08/18/1962 --CONTINUED-- FL-03883355 WEIGHT EYES 150 BRO HEIGHT HAIR BRO 5' 05' , FL 397428 SID NUMBER: 3883355 PURPOSE CODE:P PAGE: 2 FINGERPRINT CLASS SOCIAL SECURITY NO. MISCELLANEOUS NO. SCR/MRK/TAT 14 10 AA AA 01 XXX-XX-2420 14 AA AA TT 04 OCCUPATION ADDRESS CITY/STATE TOW TRUCK DRVR 675 IVES DAIRY RD MIAMI, FL ----------------------------------------------------------------------------- AKA DOB SOC SCR/MRK/TAT ----------------------------------------------------------------------------- XXX-XX-2026 ------------------------------------------------------------------------------ ARREST- 03/16/1982 1 OBTS NO.- ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT --CONTINUED-- (FL0130000) SID NUMBER: 3883355 PURPOSE CODE:P PAGE: 3 AGENCY CASE-291745 CHARGE 00l-FORGERY- CHARGE 002-PASS FORGED- INSTRUMENT STATUTE/ORDINANCE- CHARGE 003-FRAUD-ILLEG USE CREDIT CARDS- CHARGE 004-LARCENY- GRAND STATUTE/ORDINANCE- OFFENSE DATE-03/16/1982 LEVEL-FELONY :SEVEL-FELONY JUDICn._L- AGENCY-MIAMI-DADE POLICE DEPARTMENT (FLOl3)Q(lO) CE}~R:;E 001 -C')::;?T S:::Q COURT N~.-,?087117:r ~.1t1pS: J i\7,.v.~,\'2.f~le. s:s.:e ,f}, US ICcl1iI:eL/ C,CI-JI-{isTor~' ,aspx -, ; 5/: 0 1 (I .- rULC L-nmmal HiStOry Infornlation on the Internet Page 2 of3 . . . . . . . . . . . . . . u. . . . . . . . . . . . . . . . . . . . . . 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I. e, COURT DATA-FORGERY- --CONTINUED-- SID NUMBER: 3883355 PURPOSE CODE:P PAGE: 4 STATUTE/ORDINANCE-FL831.01 STATUTE DESCRIPTN-ALTER PUBLIC DISP DATE-05/24/1982 NO INFORMATION FILED LEVEL-FELONY RECORD CERTIFICATE ETC DISP-DISMISSED CHARGE 002 -COURT SEQ COURT DATA-PASS FORGED- COURT NO.-82007117CF INSTRUMENT STATUTE/ORDINANCE-FL831.020 DISP DATE-05/24/1982 NO INFORMATION FILED CHARGE 003 -COURT SEQ COURT NO,-82007117CF COURT DATA-FRAUD-ILLEG USE CREDIT CARDS- GRAND LARC BY LEVEL-FELONY DISP-DISMISSED --CONTINUED-- SID NUMBER: 3883355 PURPOSE CODE:P PAGE: 5 STATUTE/ORDINANCE-FL817.481(3A) DISP DATE-05/24/1982 NO INFORMATION FILED LEVEL-FELONY DISP-DISMISSED CHARGE 004 -COURT SEQ COURT DATA-LARCENY- COURT NO.-82007117CF GRAND 2 DEG STATUTE/ORDINANCE-FL812.014 (2B) LEVEL-FELONY STATUTE DESCRIPTN-$20,000 LESS THAN $100,000 DISP DATE-05/24/1982 DISP-ADJ WITHHELD SENT PROVISIONS - SP PROBATION ------------------------------------------------------------------------------ ARREST- 2 --CONTINUED-- 08/06/1993 OBTS NO.-0005675750 SID NUMBER: 3883355 PURPOSE CODE:P PAGE: 6 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-291745 CHARGE 001-TRAFFIC OFFENSE- DUI (FL0l30000) OFFENSE DATE-08/06/1993 ------------------------------------------------------------------------------ THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION, IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLORIDA STATUTE 119.071(5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE --CONTINUED-- SID NUMBER: 3883355 PURPOSE CO::JE:P PAGE: 7 ];.ND Ml-.Y 3E DISCLOSED O!~LY TO GClvr:p.ln~r:l'?TF~L El\''TITIES }:~ND CE?~;'.:l\ CO~~~E;B.C!t>;.L ENTITII:S {:.1PON J.-. SHOKING OF BJS:NE:SS ". ;'~ ~'),'. /';,~J \; ,.~, f--i i;::: ,.-Q~ ~ r"'j :~, i('..... ~~;~-{~: Ie {-LIT_i 1,~ ''\74'' ':: :r,~' .J_":_~,,, \ \ \ _.._L.:..J'-._.~........,'_..........__; ....lI.....;..:........... ,.'-jl.....L.J.~..\.'_.\ .............J.'~" 7,] 5/10] (i . . . Cl . . . . . . . . . . ..e--... . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ L/~L '--'~LHHHaL .lH;'lVIY HllVlllla.l1Vll Ull lllc; llUc;lllc;L ~ NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD nEND-- f'lrge-ron Print History I ..J Email History to IIDOWNTOWNTOWING@ Back ._"..___+".u ,~. .____ __n__'___'___ .--"-~---- -"--'--"--"---~--'----. _~______~___ _._._____. .__._._ ._.-.-._0-. ..,._______.______ ...... ,... 1A+--..~t,.,.II....~.....,-; .r"::l,::. -,-,"- J:"- .,_--' 1...~~~...,..!C.C...-;...T;....'1 __~ ,..,....~v .:... Ut' ~.I ,I v, ..., v\ _ .11..il... .S ~.:::.~ ~ .1.1. t...:.~/ C.C....l~....l~ L ' r.r.t-'':''l :::1;..01.' .::"':::{:.":.. New Search +-,._. ...-... ,-_. ----., "--'.'-" -+,.... -- -.- -..--.-.--.-...--.- .-.-- . .----_....... 7/1:0'::010 J ........ " ., . (~ (~ () o <t () . . . () ct () <l . <l . o o <t . () o <l () () () o () () () . <. C) () <l () () <l . . . f: . - ~ - - EMPLOYEE-TOW TRUCK SERVICE r MIAMI-DADE COUNTY CONTRACTOR TOWING i Downtown Towing j~111 T'p.WING SERVICE COMPANY . Mendoza, Franc~sc LAST NAME .1 'FIRST MI 2145 Bav Dr. .Mia . ADDRESS I 04-10-66 6' 205 D.O.B. . HT. .. WT 8355-240-66-130-0: F _ R' UC NSE NUMBER : "J. ~ j ~ 'J' 51 ATURE - l~. ~.) I 11 I Issued by Miami-Dade Police Department J ~ ""-H j .......... -. ,..," Expires One Year From Dale Issued 114.01"429 2/00 , ., . . . . . . . (t . . . . . . 1---.--- . . . . . . . . . . . . . . . . . . . . . ,. I. !. I. . . .' FDLE Criminal History Information on the Internet . FLORIOA OEPARTMENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION Search Florida's Cn'mirwl Histories l~leQ~ Step .; of 5 Receipt Please save this receipt for your records or retain the Transaction ID Number. This is only your receipt. To view the results of vour search continue to the results page. Customer Information Transaction Information DOWNTOWN TOWING CO 2418 N MIAMI AVE MIAMI, FL 33127 Transaction ID# Confirmation # Authorization # 4075187 C0499222 149802 Time of Transaction 7/15/2010 2:46:30 PM Amount Charged $24.00 Your Search Criteria First Middle Last Date of Birth Age Race Sex SSN Name Maiden/ Alias FRANCISCO SOTO 04101966 W M 157709127 l~~ :::,?s: / \\-\~""\;,-2.: dl e .state .fl. u5/ec.llinel./C:CHCh.ar~eReceiDt.aSDX Page 1 of 1 T 7/1 '::J)() i () 1 . . . . . . . . . . . . . . .------ . . . . . . . . . . . . I. I. I. I. . . . . . . . . . . . ,..." rULt Cnmmal History Information on the Internet Page 1 of2 /,(~":;- '-"\ rl;';;<, . " it __~}' \;i:;""'''t::7 ~ FLORIDA DEPA.;;[MENT OF LAW ENFORCEMENT CRIMINAL HISTORY INFORMATION Search Florida's Criminal Histories t" ~ 1. t t> " Criminal History Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN T FC.DLE/6446114.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN T SID NUMBER: 6446114 PURPOSE CODE:P PAGE: ___________._' _____BECAUSE --ADDI T ION S.-OR-DELETIONS --MAY .-BE- MADE--AT--ANY- TIME, A NEW COPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE FLORIDA CRIMINAL HISTORY STATE ID NO. FBI NO. 1 NAME DATE REQUESTED 07/15/2010 SOTO, FRANK SEX RACE BIRTH DATE FL-06446114 HEIGHT WEIGHT EYES HAIR BIRTH PLACE SKIN DOC NO. M B 04/10/1966 5'11" 210 BRO BLK CC --CONTINUED-- SID NUMBER: 6446114 PAGE: 2 PURPOSE CODE:P FINGERPRINT CLASS MISCELLANEOUS NO. SCR/MRK/TAT SOCIAL SECURITY NO. XXX-XX-9127 IN AFIS - 3 OCCUPATION SALES ADDRESS 112S.MARSEILLE DR CITY/STATE MIAMI, FL AKA DOB SOC SCR/MRK/TAT MENDOZA, FRANK SOTO ARREST- 1 12/16/2005 OBTS NO.-1306086190 --CONTINUED-- SID NUMBER: 6446114 3 PURPOSE CODE:P PAGE: ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0646379 CHARGE DOl-MOVING TRAFFIC VIOL- BW RECKLESS DRIVING (FL0130000) OFFENSE DATE- THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD KAS REQUESTED PURSUANT TO 943.053(3), F.S_ AS MANDATED BY FLORIDA STATUTE 119.071(5), FULL SOCIAL SECUR!TY ~UM3ERS ARE NOW EXEMPT :~0M PUBLIC D:SC~OSURS hii7),.I:'\~.~i..\";,'j fdle 'T?re,.;ll.1c::/('.cl11ne:1_'("'lHh1,=tnr\i?,~!y ~/1 )/](,Ji n . . . . . . . . . . . . . . .---- . . . . . . . . . . . . . . . . . . . . . . . . . . . . .t'ULb Lnmmal HIStory ln1ormatlOn on the Internet --CONTINUED-- c ,. I SID NUMBER: 6446114 PURPOSE CODE:P PAGE: 4 AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- i:"'"a.gC""Z"'"V.L -'- ! Home I Print History J Email History to J !DOWNTOWNTOWING@ -.----..-----...--... _.~. ------------- ----. l-,~-.,c:.IIV.\'\):) [,"1;0. ,':0,'" fi u"lccl';npr/crI-p-'id(\rY "'<:;"\" ..._...~.!.-_,.:I . , ._._............_.L....~_...L.J......... .1~.l._.....1.J ,'-- .....1....... -;~........ ''''-''1."-- 1 . Back! New Search --1 i/15.'~010 .-... \.., (} ~) (~ <t (~ (t () . () () () (. () (t . () <t () 0' . () e. e) (t () c.~ (~ ( ~ ( , ( ) (~ (~ () ,t () (. (. Q . . . . - - ----... EMPLOYEE-TOW TRUCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING Downtown Towing LOWING S~VICE COMPANY 1 uonza~ez'JEar es l...As.r.N~ME :1.. ..f!BSr 1 Ml L I bd ,7 SW *51. p. \.. AOORE1:lS; "'I .. ' 11 >l u~-u3-53 5D' ,i'0 170 II '. .. ' ~ 'I "t ~~~4-200-~3~jQ~-0 . 'I FLORIDA DR 'LICENSE NI1MBER' -/ I ., 02-02-09 r727 DATE ISSUED EMPLOYEE # " SIGNATURE ~ 'eXPires One Year From Date Issued 114.01-429 2/00 -- --110. Issued by Miami-Dade Police Department 32.15.01-17 - --..... / .) I I I ! , " I. '. I- . . . . . . . . . . . ., ._. .____ ___d_ . . . . . . . . . . . . . . . . . . . . . . . . . . . Nlj:'.s: Page 1 of I , Florida Depa~tm ent of Law EnforcerrHHlt .... -.;,,.. i,~ =,' U ;,-;!-".., nv I.. ;er"'-i11 :-,r";"'". --.' 1 "I'.., -.., In. ..:...." ....,.. 1111 '_d I ,."no',." 1 A charge of $23.00 is about to be billed to your credit card for a Name Inquiry based on the . following: Specified Search Criteria , I First IIMiddlell; Last "Date of BirthllAgellRacel/sexll . SSN I IName I/EARLESI I GONZALEZII 09031953 I [JYJ[ill/2629745521 IMaidenl i ! ---- ---- . -- ___________________________Press ACCEP-T-to-Accept-eharge~fnand-P-rocess--:Sea rch----- -- I or . Press CANCEL to Can~el Search and Return to the Search Criteria Page .... -.. -. q ... ->... .... -,~..-..._.-_....._..._,..~--_......-.._.._..__.. "d'._.O_. i ! ) Accept Cancel ~ \/,"\\ ....\~.~ . ~. s~~r::=,~, ~;s"('C:-Ij:::< li=C:-=C'h.2rge(~:C2-::J:lrlTl. 2srx : 2. ] l'=O~:_t.'5 ioII I. I. . . . . . . I. Ie Ie . . . . .------- . . . . . . . . . . . . . . . . . . . . . . . o . . . J-:E~~S: '\",\;~\"..? .:'d)e .512:1:,.f!. ...~sCf::-Ei~~:-: C CEC,:::-,did2.:eS.2S::'X _ _.~ _~ _ _J... A.. ...............t...L.l.....Ll\..LU.LL...:) Page 1 of ] Florida Department of Law Enforceole.nt ;;j~min2;j H Intcimr.ti:: (j Search Results '- Specified Search Criteria ./ First IIMiddlell Last IIDate of BirthllAgellRcicellSexll SSN I IName IIEARLESI IGONZALEZI/ 09031953 I [JYJ[B]I262974552/ !Maidenl The Information being returned from the Criminal History Information \Vebsite is a result of 2 inquiry ollIy. It contains information on Florida arrests only; no out-of-state arrests are shown. ] identification can only be verified by submission of a fingerprint card and comparison by FDLE . .___ _____ the re.cord(~2_~~_~!_!p:.<?~Utk~-b~~pply-to-J'ourinquiry.lfuoneof-the records retu-rhed-ni5fcl1-tlie-in<-- -- ---------------- you are searching for,pIease seIect the None of the Above button below. 19530903 XXXXX4552 M W 510 145 B ,--I GONZALEZ, U EZOY BARIOLO, GONZALEZ; ELOY, GONZALEZ; GONZALEZ, ROBERTO; GONZALES, ELOY B; GONZALES, BARTOLO 19321213 XXXXX6624 11 \V 508 200 B Home H Search Criteria ] I None of the Above Jr Display History F } -= ] ] /::006 I. . . . . ,- I. . . . . . I. I. I BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, . _ __ _~___l':l~W _c_qfr__~H_OUL[LBE _ REQUESTED-- WHEN - NEEDED-FOR---FUTURE-:-USE -- -- - - ___u -- ---- - ------ .- ------ - ------ - FLORIDA CRHlINAL HISTORY - . NAME STATE ID NO. FBI NO. DATE REQUESTED I GONZALEZ, EARLES FL-02216210 12/11/2006 . SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR BIRTH PLACE SKIN DOC NO. M W 09/03/1953 5'10" 145 BRO BRO CC . --CONTINUED-- . . . . . . . . . . . . . . . . . . . . . . . . Page 1 of 3 , r Florida Depmirnent or Law El1forcel'nent '.e:ri:nin:;,j H T'l I rrf(~ t!11 t~-t: '::' 7"1 C:d ;f:(Jjil';}:; 1:1 !i-if:j'st[biry r Help for reading Criminal History/Rapsheet Help J Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN T FC.DLE/2216210.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN SID NUMBER: 2216210 PURPOSE CODE:P T PAGE: 1 SID 2216210 2 NU!'1BER: PAGE: PURPOSE CODE:P ',' FINGERPRINT PM Pl'1 PO PO SR PI CO PM OCCUPATION S}\LES SCR/MRKiTAT CLASS 16 15 SOCIAL SECURITY NO. XXX-XX-4552 MISCELLANEOUS NO. ADDRESS 1684 SW lOST 6 CITY/STATE MIAMI, FL ARREST- 1 01/07/1986 OBTS NO.-0000086265 ARREST AGENCY-BROWARD COUNTY SHERIFF'S OFFICE AGENCY CASE-XBSB60265 CHARGE 001-LOTTERY- JUDICI.lI.L- AGENCY-BROWARD COUNTY SHERIFF'S OFFICE --CONTINUED-- (FL0060000) OFFENSE DATE- ,AID AND ABET (FL0060000) SID NUMBER: 2216210 PURPOSE CODE:? PAGE: 3 CHARGE 001 -COURT SEQ COURT DATA-LOTTERY- STATUTE/ORDINANCE- DISP DATE-07/24/19B7 CONFINEMENT- COURT NO.-86000266CF10A LEVEL-FELONY DISP-DISMISSED }\RREST- 2 06/27 /1986 03TS NO. -0000375000 ARREST AGENCY-HIALEAH POLICE DEPARTMENT AGENCY CASE-J031201 CHARGE 00l-DRUGS-T~~FFIC- COCAIlE OVER 1000 GR1'1S STATUTE/ORDINANCE-?L893.135 (FL01304 00) OFFENSE DATE- LEV2:L- !CELOl'r! ! - - (""(,hlT' T Pi);" i).....:- ! "_'V_' _ _ _\I ,---'...... DIS?-TURNED O\72~ TO ANOTHB? -""GENC~- hu-;;s :.' ;v~.\\~~/\T~. fdl e .st2:1E.il :':3 {C'C~S:-~i:~ell(:C:-rHisto:~y . 25lJX J 2/ 11 /:006 . . . . . . . . . . . . . . . ..--------- - . . . . . ~. . o . . . . . c . o o o (\ o C Q 0, C' 0- - Page 2 of 3 SID NUIvIBER: 2216210 PURPOSE CODE:P PAGE: 4 CHARGE FL0130000 NO 375000 002-DRUGS-SELL- COCAINE OVER 1000 GRMS STATUTE/ORDINANCE- DISP-TURNED OVER TO ANOTHER AGENCY FL0130000 NO 375000 003-DRUGS-POSSESS- COCAINE OVER 1000 GRMS STATUTE/ORDINANCE- DISP-TURNED OVER TO ANOTHER AGENCY FL0130000 NO 375000 004-DRUGS-TRAFFIC- FELONY COCAINE ,CONSPIRACY LEVEL-FELONY CHARGE LEVEL-FELONY CHARGE --CONTINUED-- SID NUMBER: 2216210 PURPOSE CODE:P PAGE: 5 ___.___._d__' ____ ---------------------S'f'}l.TUTE/ORDTNAFlC-E::t;LS-93.135 DISP-TURNED OVER TO ANOTHER AGENCY FL0130000 NO 375000 LEVEL-FELONY JUDICIAL- AGENCY-HIALEAH POLICE DEPARTMENT CHARGE 001 -COURT SEQ COURT DATA-DRUGS-TRAFFIC- CONSPIRACY STATUTE/ORDINANCE-FL893.135 DISP DATE-09/21/1987 CRT PROVISIONS-PROBATION CHARGE 002 -COURT SEQ COURT DATA-DRUGS-TRAFFIC- --CONTINUED-- (FL01304 00) COURT NO.-86018167CFB LEVEL-FELONY DISP-DISMISSED COURT NO.-86018167CFB SID NUMBER: 2216210 PURPOSE CODE:P PAGE: 6 CRT COCAINE 400 STATUTE/ORDINANCE-FL893.135 DISP DATE-09/21/1987 PROVISIONS-PROBATION TO 2000 GRlvIS LEVEL-FELONY DISP-DISMISSED ------------------------------------------------------------------------------ THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE, THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLORIDA STATUTE 119.071(5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE --CONTINUED-- SID NUMBER: 2216210 PURPOSE CODE:P PAGE: 7 AND ~~.Y BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND CERT.Z\.IN COt'1!":1ERCIAL ENTITIES (UPON J:.. SHOWING OF BUSINESS N2CESSITY AS DEFINED BY THE LAW). PDLE WILL, HOWEVER, RE~~ASE ~HE LAST ?O~~ DIG!TS OF THE SOCIALS2CORITY KUMBE~. ~XAM?L~: XX)~ XX 1234. &1 " ".c" C1 IC"TT' .0,'1',--' -lITDS '/ /\\ 'V\,-,\; / 1 n j e C:1 a rp T! 'L1 S '{' t--: 1 ~-: ~I.' '-- ~ :--1 1--; 1 ,i()~.V ~ :;;:~-:-..' 0-- . . -. -. ._0 .~...... -"~.--"- .~--- ---". '--1--' i ) 1. 1 /:',(:1(16 10 1/... I ". . ~ ... , (; () I () ,e () . o . {l (t () . . o . . .' . . . . . . . . . () . .. . . . . . . . . . . . , I i I EMPLOYEE-TOWTRUCK SERVICE DADE COUNTY CONTRACTOR TOWING Downtown Tow':ing JQWING SERVICE COMPANY'", OJ..iye, )~aI)iel I:,l\ ~foU\ME -, flfiST '\' MI t> :JL~:Jf SW -1'1 U a v'~...A' AO,?RESS = I..=- ~r.' ' I r Jj 5-19-5'9~ -6 11_ 134m cf~'ioi~i 7~~59-r7~5Q FLO 'A DRIVER'S LICE 13-24-10 IT -817 · DATE ISSUE CARD NO. NJli URE II. , -:: ~.w ~ y Issued by Met~Dade Police Dept. -- - -- 32.15.01-17 : Expires One Year From Date Issued I ~ 114.01-429 9194 L , ., '. . . I. . . Ie . . . . . . . Please save this receipt for your records or retain the Transaction IO . Number. _________________ ___n______________________ _________.__________________ _________._____________._n.._. _.____ ~___._ 1.--.--.------ --.---.--------- . This is only your receipt. To view the results of your search continue to the results page. . . . . . . . . . . . . . . . . . . . . . . . . . . - FDLE Criminal History Information on the Internet Page 1 of 1 .. ... FLORIDA DEPARTMENT OF LAW ENFORCEMENT It J1iu:.. ~ CRIMINAL HISTORY INFORMATION ':__.1 ',< .....7 '~P Se,Jrch Florio'a:~' Criminal Histories Step 4 of 5 Receipt -~ ------ ---. - - - ----- - ------..-- Customer Information Transaction Information DOWNTOWN TOWING 2418 N MIAMI AVE MIAMI, FL 33127 Transaction ID# 2684385 Confirmation # 20704586 051415 Authorization # Time of Transaction 3/26/2008 10:29:35 AM Amount Charged $23.00 Your Search Criteria First Date of Birth Race Sex SSN Middle Age Last Name DAN IEL 05191959 M 261173325 LEE OLIVE W Maiden/ Alias https:,' /\'r,\,NI'2, fd Ie. state. fi, us / CCH i net/CCHCharge Rece 1 pt.as px . 3/26/2008 . . . . . . . . . . . . . . . --FLORIDA CCH RESPONSE-- ... _"_______________________________________________________ --.---------------- AT~IANONCCRINET7 CCHINE-t75oWN1'OWN--.y------ . FC.DLE/1316841.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN T SID NUMBER: 1316841 PURPOSE CODE:P PAGE: 1 . BECAUSE ADDITIONS OR DELETIONS MAY BE MADE AT ANY TIME, . A NEW COPY SHOULD BE REQUESTED ~HEN NEEDED FOR FUTURE USE . FLORIDA CRIMINAL HISTORY NAME STATE ID NO. FBI NO. . OLIVE, DANIEL LEE FL-01316841 . SEX RACE BIRTH DATE HEIGHT WEIGHT EYES HAIR . M W 05/19/1959 6' 01" 320 BRO GRY --CONTINUED-- . . . . . . . . . . . . . . . . . . . . FDLE Criminal History Information on the Internet Page 1 of 5 ~1.......eM.'''''''-.'.. FLORIDA DEPARTMENT OF LAW ENFORCEMENT ~. .... II CRIMINAL HISTORY INFORMATION \.. "J \~~~fJt/ Search Florida's Criminal Histories Criminal History Criminal History DATE REQUESTED 03/26/2008 BIRTH PLACE SKIN DOC NO. FL SID NUMBER: 1316841 2 PURPOSE CODE:P PAGE: FINGERPRINT CLASS MISCELLANEOUS NO. SCR/MRK/TAT SOCIAL SECURITY NO. xxx-xx-3336 IN AFIS -- 2 OCCUPATION ROOFER ADDRESS 6810 SW 48 TR CITY/STATE MIAMI, FL AKA DOB SCR/MRK/TAT SOC OLIVE, DANIEL L xxx-xx-3326 ARREST - 1 --CONTINUED- - 04/11/1978 OBTS NO.-0006800770 SID NUMBER: 1316841 PAGE: 3 PURPOSE CODE:P ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-226373 CHARGE OOl-LOITERING- (FL0130000) OFFENSE DATE-04/11/1978 https: / /v,,\,h',/2, fd Ie, state. fi. us /CCH i ne.t/CCH H ista ry.as px 3/26/2008 f-UlE Criminal History Information on the Internet . . . . . . . . . . . . . . . AGENCY-11TH CIRCUIT COURT - MIAMI , .c:H.~8(j E_001_= cou RL 5 EQ...__..______ ----------- -.--------------------- ------ SUPPLEMENTAL ARREST DATA- STATUS- PROSC DATA- AND PROWLING STATUTE/ORDINANCE- ARREST- 2 09/08/2006 OBTS NO,-1305097679 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0226373 CHARGE 001-LARCENY- GRAND THEFT 3RD DEGREE STATUTE/ORDINANCE-FL812.014(2C) DISP- nCONTINUED-- SID NUMBER: 1316841 PURPOSE CODE:P JUDICIAL- Page 2 of 5 LEVEL-MISDEMEANOR (FL0130000) OFFENSE DATE-09/08/2006 LEVEL-FELONY ,3RD DEG PAGE: 4 (FL013025J) .-- --------COURT- NO;--13 200 6EFO 2996200.0 lXX----- ----------------------, . . . . . . . . . . . . . . . . . . . . . . . . . . . LARCENY- GRAND THEFT 3RD DEG STATUTE/ORDINANCE-FL812.014(2C) STATUTE DESCRIPTN-ERROR - DUPLICATE DISP DATE-09/29/2006 COURT DATA-LARCENY- GRAND THEFT 3RD DEG STATUTE/ORDINANCE-FL812.014(2C) nCONTINUEDn 1316841 SID NUMBER: PURPOSE CODE:P SPECIAL STATUTE DESCRIPTN-ERROR - DUPLICATE DISP DATE-I0/17/2007 COUNSEL-OTHER TRIAL- SENTENCE PROVISIONS-NOT APPLICABLE ARREST- 3 06/04/2007 OBTS NO.-1306100356 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0226373 CHARGE 001-LARCENY- GRAND THEFT 3RD DEGREE STATUTE/ORDINANCE-FL812.014(2C) DISP- JUDICIAL- nCONTINUEDn 1316841 SID NUMBER: PURPOSE CODE:P AGENCY-11TH CIRCUIT COURT - MIAMI I-H-,-~. 1 '\"',\1') ;:-("{IPo ~+-a"- ,cl Uc: '((M' "'r---- 1((""i""or"'1 "c," I i .ll rJ ::> . / l \ , \ 1 \ '- . I '-" _.::' L . l e . i I . _ / i, I eLl n rl . .) t. "}. a. _ fJ :s, LEVEL-FELONY ,3RD DEG LEVEL-FELONY ,3RD DEG DISP-N/A LEVEL-FELONY ,3RD DEG PAGE: 5 DISP-ACQUITTED PLEA-NOT GUILTY (FL0130000) OFFENSE DATE-06/04/2007 LEVEL-FELONY ,3RD DEG PAGE: 6 (FL013025J) 3/26/2008 . . . . . . . . . . . . . . . --.----- . . . . . . . . . . . . . . . . . . . . . . . . . . " Page 3 of 5 FDLE Criminal History Information on the Internet , , . CHARGE 001 -COURT SEQ SUPPLEMENTAL ARREST STATUS- PROSC DATA- COURT NO.-132007CF0190400001xx DATA- LEVEL-FELONY ,3RD DEG COURT LARCENY- GRAND THEFT 3RD DEG STATUTE/ORDINANCE-FL812.014(2C) STATUTE DESCRIPTN-ERROR -.DUPLICATE DISP DATE-06/25/2007 DATA-LARCENY- LEVEL-FELONY ,3RD DEG DISP-N/A GRAND THEFT 3RD DEG STATUTE/ORDINANCE-FL812.014(2C) LEVEL-FELONY STATUTE DESCRIPTN-ERROR - DUPLICATE ,3RD DEG --CONTINUED-- SID NUMBER: 1316841 PURPOSE CODE:P PAGE: 7 ________ __:________DI S P--DATE -11/30 /2007-----------------------DISP - PRE- TRIAtnDIVERSION -- ---- --------- COUNSEL-OTHER TRIAL- PLEA-NOT GUILTY SPECIAL SENTENCE PROVISIONS-NOT APPLICABLE ------------------------------------------------------------------------------ ARREST- 4 08/01/2007 OBTS NO.-1304820928 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT AGENCY CASE-0226373 CHARGE 001-LARCENY- GRAND THEFT 3RD DEGREE STATUTE/ORDINANCE-FL812.014(2C) DISP- (FL0130000) OFFENSE DATE-08/01/2007 LEVEL-FELONY ,3RD DEG JUDICIAL- AGENCY-STATE ATTORNEY'S OFFICE --CONTINUED-- (FL013015A) SID NUMBER: 1316841 PURPOSE CODE:P 8 PAGE: CHARGE 001 -COURT SEQ SUPPLEMENTAL ARREST STATUS- PROSC DATA- COURT NO.-132007CF0263420001xx DATA- LEVEL-FELONY ,3RD DEG SPECIAL LARCENY- GRAND THEFT 3RD DEG STATUTE/ORDINANCE-FL812.014(2C) STATUTE DESCRIPTN-ERROR - DUPLICATE DISP DATE-11/14/2007 COUNSEL-OTHER TRIAL- SENTENCE PROVISIONS-NOT APPLICABLE LEVEL-FELONY ,3RD DEG DISP-NOLLE PROSSED PLEA- ARREST- 5 08/22/2007 OBTS NO.-1303162268 ARREST AGENCY-MIAMI-DADE POLICE DEPARTMENT --CONTINUED- -- (FL0130000) SID NUMBER: 1316841 PURPOSE CODE:P 9 PAGE: t- .I.-~.~ .~' I I , . '\ : -1 r _ _.L _ .l.. _ 'cf .. _ r.- L_' : ,_ _ ...: r r [_' [-' : ~.. .... ._., _ _ .... ..' ') II"'; Ijr\f'\O . .' . . . . . . . . . . . . . __._____m__ . . . . . . . . . . . . . . . . . . . . . . . . . . . I-OlE Criminal History Information on the Internet Page 4 of 5 AGENCY CHARGE CASE-0226373 OOl-LARCENY- GRAND THEFT 3RD DEGREE STATUTE/ORDINANCE-FL812,014(2C) DISP- OFFENSE DATE-08/22/2007 LEVEL-FELONY ,3RD DEG . JUDICIAL- AGENCY-STATE ATTORNEY'S CHARGE 001 -COURT SEQ SUPPLEMENTAL ARREST STATUS- PROSC DATA- OFFICE (FL013015A) COURT No,-132007CF0290040001XX DATA- LEVEL-FELONY ,3RD DEG LARCENY- GRAND THEFT 3RD DEG STATUTE/ORDINANCE-FL812.014(2C) LEVEL-FELONY ,3RD DEG --CONTINUED-- ________ _______ ___5ID___N UMBER ::_____13168 41----PURP-OS E-COD E -:P--------- ------P AGE-:----10 ---------:------------ - --- -------------------------- SPECIAL STATUTE DESCRIPTN-ERROR - DUPLICATE DISP DATE-11/14/2007 COUNSEL-OTHER TRIAL- SENTENCE PROVISIONS-NOT APPLICABLE DISP-NOLLE PROSSED PLEA- THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS, THIS RECORD IS PROVIDED AS A RESULT OF A NAME INQUIRY ONLY. POSITIVE IDENTIFICATION CAN ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATED BY FLORIDA STATUTE 119.071(5), FULL SOCIAL SECURITY NUMBERS ARE NOW EXEMPT FROM PUBLIC DISCLOSURE --CONTINUED-- SID NUMBER: 1316841 11 PURPOSE CODE:P PAGE: AND MAY BE DISCLOSED ONLY TO GOVERNMENTAL ENTITIES AND CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. EXAMPLE: xxx XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- Print History Email History to ""..."""-_.~."'-,.,...""",.".j~""""."'.;..~_._'"""-_...;,,,....-,-_._~-_. 8ack! Home !>!ew Search l"tt'.C'j ;I1MrIl2 ~d'l- c..---", -CI u- I((>.-"r.,pt 'r('" "ct" r i , !-' _ " / " \ ,. \ \ , i Ie. _ lei. .. , I I , ~! I ,I I _ I "-- i, H I _ 0 r) ,a s p >, 3/26/2008 FDLE Criminal History Information on the Internet Page 5 of 5 . . -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q ,....,. . , - ._~-----_.-----_._~ ----- -- ________u____.-._________________ ---------. ------- ---- _____ ___ ___ ________ ___ .______ ________._.__._.____m____..__. _..__...____________._________.__.___...-____________. t"":......,...-.! ",f"""'} :,..Jf.... -~._+-, 4="1..- f,r-rl_'i,......... rrL'U=,.+-_,-.! __f"""',i ") ""')!: fr-nr,C" I ~; I ... I\,,. ...., 'III' -. I ,.. I 1"'" I ,. I ,.... l \.. ~) . . . . . . . :. !. . . . . . . . () . .. . - ,- I. I: I. Ie . . Ie '~ ,- '. ~. I~ . ,-- EMPLOYEE-TOW TRUCK SERVICE MIAMI-DADE COUNTY CONTRACTOR TOWING Downtown Towing TOWING SERVIGE COMPANY Barner Ran~ M,SJ NAME. 'FIRS ~ MI ~. 4Ul 'NW 4 7 St~ MIA tr9fr~13 5 I 6 175: HT. II WT ~ :xpires One Year From Dale Issued Issued by Miami-Dade Police Department 32.15.01-17 p4.01-429 2/00 , I'). r ~..-.... .....:_ .......... _ "., ............- ~.c <<10 'JlII! r;I - -- I', . l' ULG .::Jearcn KeSUltS LLHCanc11c1ates . .. . . . . . . . . . . . . . --.--- . . . . . . . . . . . . . . . . . . . . . . . . . . . '1--'n~. Page 1 of 1 Florida Department of Law Enforcerrlent ,_~ I Tn:n 1 H ;-:;'.':;"'1' lr,l(:'tm:~:j~ '1 Search Results 1- Specified Search Criteria I I First IIMiddlel1 Last I!Date of BirthllAgellRacellSexl1 SSN I IName IIRANDYII LEE IIBARNERII 04041963 I [[][E]!103562348! IMaidenl The Information being returned from the Criminal History Information 'Vebsite is a result of 2 inquiry only. It contains information on Florida arrests only; no out-of-state arrests are shown. ] identification can only be verified by submission of a fingerprint card and comparison by FDLE --the -reco rd (s ).. tha t most likelyua pp ly. to. yourinquiry ;If-no ne--(jf the-r-ecords-i~e-tiii'nealiiatClltlie-in(m_--- you are searching for,please select the None of the Above button below. .~ r~ {[t.trt.i.:' BARNER, RANDY BARNES, RI CHARD DUVAL Home BARNER, RANDY LEE 19630404 XXXXX2348 M B 506 140 B BARNES, RICHARD DURAL; JACKSON, RICHARD D; JACKSON, RICHARD; BARNES, CHARLES RICHARD; BARNS, CHARLES RICHARD 602 175 B 19640421 XXXXX8314 M B H Search Criteria ][ ][ Display History F None of the Above \\-\\"\:, .: .:dle .s._:.-~-e .fl. us,'((=:-H ine:C C~-:C:lncj i2--~ ~~.~spx J: 11:0}S . . . . . . . . . . . . . . . --.---- . . . . . . . . . . . . . . . . . . . . . . . . . . . CCHHis(ory Page 1 of 4 Florida Department of Law Er1rO(Cetn8ht ,-: ,:Ti ~ ~ : ',--: 1_ -~'rv- i TVt T(7-r~Tl ::.~ :,'~ :.:-' il C ri rr rill:..!] i-l i st0rj [ ] Help for reading Criminal History/Rapsheet Help Criminal History --FLORIDA CCH RESPONSE-- ATN/ANONCCHINET/CCHINET/DOWNTOWN FC.DLE/1471948.PUR/P.ATN/ANONCCHINET/CCHINET/DOWNTOWN SID Nm1BER: 1471948 PURPOSE CODE:P PAGE: 1 BECA U S~__ P..D_I2~_!_I_9N_~___QB__QE):~n Ql~.s__MA-_'.(_BE__MADE__.A L.ANYu-TIME-r--.- - - -----------A--l~EtrCOPY SHOULD BE REQUESTED WHEN NEEDED FOR FUTURE USE FLORIDA CRIMINAL HISTORY STATE ID NO. FBI NO. FL-01471948 HEIGHT WEIGHT EYES HAIR BIRTH PLACE 5 I 06' I 140 BRO BLK FL NAME BARNER, RANDY SEX ~~CE BIRTH DATE 1'1 B 04/04/1963 --CONTINllEDn DATE REQUESTED 12/11/2006 SKIN DOC NO. 071813 SID NUMBER: 1471948 2 PURPOSE CODE:P PAGE: FINGERPRINT CLASS SOCIAL SECURITY NO. MISCELLANEOUS NO. SCR!MRK/TAT PO PI 15 PO 13 XXX-XX-2348 PI PI 14 17 14 OCCUP.liTION ADDRESS CITY/STATE SALESMAN 401 NW 47 ST MIAlvJI, FL .liKA SCR/lvJRK/TAT DOB SOC BARNER, RANDY LEE 04/04/1961 XXX-XX-2345 XXX-XX-2308 ARREST- 1 11/15/1979 --CONTINUEDn OBTS NO.- SID NUMBER: 1471948 PAGE: 3 PURPOSE CODE:P ARREST AGENCY-METRO-DADE POLICE DEPARTMENT AGENCY CASE-248127 CHARGE 001-LARCENY- GRAND 2ND DEGREE STATUTE/ORDINANCE- DISP-TREATED AS ADULT CHARGE 002-BORGLARY- OF STRUCTURE STATUTE/ORDINANCE- DISP-TREATED AS ADULT CHARGE 003-VEHICLE THEFT- _",0;.::> i STATUTE/ORDINANCE- 1- -COl-J~~ I l'~U2=)-- (FLO 130000) OFFENSE DATE- LEVEL-FELONY LEVEL-FELONY LEVSI.,- ?!:~~CIN':::' hL'-. ps: ,,\\"~Y\;~ 2. =C~: t ,~::.3: e . i~, us' C.' \::-jj:-let r=' CI-lI-li3:c'l~\~ .2.S1:X j } !~ .iu6 . '. . . . . . . . . . . . . . -- .-_._---_._._~----- .. . . . . . . . . . . . . . . . . . . . . . . . . . . . CCHHistory SID NUMBER: 1471948 PURPOSE CODE:P Page 2 of 4 PAGE: 4 DISP-TREATED AS ADULT JUDICIAL- AGENCY-NORTH FLORIDA RECEPTION CHARGE 001 -COURT SEQ COURT DATA-BURGLARY- MEDICAL CENTER COURT NO.-79009226CF (FL063025C) STRUCTURE STATUTE/ORDINANCE- DISP DATE-01/15/1980 CONFIND1ENT-4 Y SUSPENDED SENT-2Y PROBATION-2Y CRT PROVISIONS-SPLIT SENTENCE CHARGE 002 -COURT SEQ --CONTINUED-- LEVEL-FELONY DISP-CONVICTED CREDITED TIME- COURT NO.- SID NUMBER: 1471948 PURPOSE CODE:P PAGE: ;:, COURT DATA-LARCENY- GRAND SECOND DEGREE STATUTE/ORDINANCE- DISP DATE- CONFINE!vJENT-4 Y SUSPENDED SENT-2Y PROBATION-2Y CRT PROVISIONS- CC WITH CHG ONE SPLIT SENTENCE CHARGE 003 -COURT SEQ COURT DATA-ESCAPE- STATUTE/ORDINANCE- DISP DATE- COURT NO.- --CONTINUED-- SID NUMBER: 1471948 PURPOSE CODE:P LEVEL-FELONY DISP-CONVICTED CREDITED TIME- LEVEL-FELONY DISP-CONVICTED PAGE: 6 CONFINEMENT-4Y SUSPENDED SENT-2Y PROBATION-2Y CRT PROVISIONS- CC WITH CHG ONE SPLIT SENTENCE SUPERVISION OR CUSTODY- AGENCY-NORTH FLORIDA RECEPTION MEDICAL CENTER AGENCY CASE-071813 STATUS-RECEIVED AGENCY-DEPARTMENT OF CORRECTIONS AGENCY CASE-071813 STATUS-PAROLED CREDITED TIME- (FL063025C) 101/29/1980 (FL037205C) ,08/04/1981 ------------------------------------------------------------------------------ ARREST- 2 07/10/1983 OBTS NO.- ARREST AGENCY-METRO-DADE POLICE DEPARTMENT --CONTINUED-- SID NUMBER: 1471948 PURPOSE CODE:P AGENCi CASE-248127 CHARGE 001-MARIJUANA-POSSESS- IvJISDEI,E)c.!'JOR 1 GR..z,.!v} S T~:.:._'TiJTE: / O?,uI Nl-JJCS- ~iLj =- :: ':=- =].~=_ - . : l1~ ~. , "'I '\\-\r, ~::. 5':'2~ ~. =~. ..IS.'C C1-line: 'C~,CI-ll-ii;T0:4\! .~~r:\ (FL0130000) P}\GE: 7 OFFENSE DATE- ~2V21-MISD2MEANO; 1.... ~ L': ], i !'-, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CCHl-listory Page 301' 4 AGENCY-METRO-DADE POLICE DEPARTMENT (FL0130000) CHARGE 001 -COURT SEQ COURT NO.-83005990CO COURT DATA-DRUGS-POSSESS- ['-1J1.RI J STATUTE/ORDINANCE-FL-C068-068 LEVEL- DISP DATE-08/08/1983 DISP-CONVICTED CRT PROVISIONS- 75 DOLS FINE AND COURT COST --CONTINUED-- SID NUMBER: 1471948 8 PURPOSE CODE:P PAGE: ARREST- 3 01/14/1984 OBTS NO.- ARREST AGENCY-METRO-DADE POLICE DEPARTMENT AGENCY CASE-248127 CHARGE 001-HIT AND RUN- W INJURIES STATUTE/ORDINAN~E- (FL0130000) OFFENSE DJI.TE- LEVEL-FELONY .._.,',,____.. ___ .___.____ ._~n_. .'" __..0.- ___.._. __.__._ .-_.... -- -- ----- ~-- - +------ -- -" - _,.__ . .e_ ._.__._________ - - - - " -- - --- -.------. ........-..;.: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - , ._-~_._--_..- -..-----.--.'-'.. ARREST- 4 05/10/1985 OBTS NO.-0000248127 ARREST AGENCY-METRO-DADE POLICE DEPARTMENT AGENCY CASE-248127 CHARGE 00l-LOITER AND PROWL- STATUTE/ORDINANCE- (FL0130000) OFFENSE DATE- LEVEL-MISDEMEANOR --CONTINUED-- SID NUMBER: 1471948 9 PURPOSE CODE:P PAGE: ARREST- 5 02/01/1990 OBTS NO.-0003369007 ARREST AGENCY-METRO-DADE POLICE DEPARTMENT AGENCY CASE-248127 CHARGE 00l-FRAUD- UNEMPLOY COMP 008 CNTS, CHARGE 002-LARCENY- GRAND STATUTE/ORDINANCE- (FL0130000) OFFENSE DATE- LEVEL-FELONY ARREST- 6 03/12/1994 OBTS NO.-0006427827 ARREST AGENCY-METRO-DADE POLICE DEPARTMENT --CONTINUED-- (FL0130000) 81 D [\)Ul'-1BER: 1471948 PAGE: 10 PURPOSE CODE:P AGENCY CASE-248127 CHARGE OOl-DISORD CONDUCT- STATUTE/ORDINANCE- OFFENSE DATE- LEVEL-MISDEMEANOR THIS RECORD CONTAINS FLORIDA INFORMATION ONLY. WHEN EXPLANATION OF A CHARGE OR DISPOSITION IS NEEDED, COMMUNICATE DIRECTLY WITH THE AGENCY THAT CONTRIBU- TED THE RECORD INFORMATION. IF YOU DID NOT SUBMIT FINGERPRINTS,. THIS RECORD IS PROVIDED ;"'.S .To, RESULT OF .To, N.ll.!'-1E INQUI?,Y ONLY. POSITIVE IDENTIFICATION Cl'.N ONLY BE VERIFIED BY SUBMISSION OF A FINGERPRINT CARD AND COMPARISON BY FDLE. THIS RECORD WAS REQUESTED PURSUANT TO 943.053(3), F.S. AS MANDATSD 3Y FLOR!DA STATUTE 1~S.071(5) r FULL SJCIAL ~~tC]::~ITY ~'~ijl.1:=,E:?\S ~::~?,.2 NOlrJ EX~l"jPT ~?\Ol~ ?UBLIC DISCLOSfJRS _Z-j'L= i\i..'-~::' .:::~ =,)~SC~().sSD {:~N~:' T"O GO\.~~;.!"~[\C~l0T~_~, SI,TIT:;S .::::.J7D o \'"J.-i\ ~.: d' ':. S~~ le.}J 0 'J5, CO C'}-j i:~.~:. :'='CI-JF-!j s: c,r>. .2S;~,X J'::' 1] ~; '-'6 . . . . . . . . . . . . . . .. -.------ . . . . . . . . . . . . . . . . . . . . . . . . . . . CCHHistory --CONTINllED-- SID 1471948 Nm1BER: PURPOSE CODE:P PAGE: IJage 4 of 4 11 CERTAIN COMMERCIAL ENTITIES (UPON A SHOWING OF BUSINESS NECESSITY AS DEFINED BY THE LAW). FDLE WILL, HOWEVER, RELEASE THE LAST FOUR DIGITS OF THE SOCIAL SECURITY NUMBER. SXAMPLE: XXX XX 1234. THIS CONTAINS FLORIDA RECORD ONLY. UNKNOWN AS TO NATIONAL RECORD STATUS. END OF RECORD --END-- . ] 1 Email: Home I [ Back New Search Email History 1" :tr's: '\\"\1\'\'\'2 .~'-(~ 1 e ......l~: :e. ii. ~~:J 'C'C I~ in etC'f: I-Il-j_:s:01'\~. 2.SrX Print History .1 :(;t'ii'i ~ o . . ,'1 . . <l . . . . . I. I. . i() I. .. I . . ,. :. I. I. '. '. let :- '. .. Ie) I- ,. I. '. I i~ I. :() I I. I. I. :. NARATIVE . . . . . . . . . . . '. . Ie i. . . () . . . e . . . . . . . . . . !. I. Ie I Ie I :() I- :- - :. i. Ie Narrative Statement Downtown Towing (DTC), a family owned company, is proudly ready, able and prepared to provide the full scope of the services described in the RFP. DTC operations and service exceed all RFP requirements. Our solid thirty (30) years of continuous and unblemished financial operations is unmatched; no bankruptcy filings, no vehicle repossessions and no civil judgments entered against us. DTC is prepared to provide immediate ul)fettered access to its financial reports and records upon request as further evidence of its financial integrity and stability. Our operations are designed to provide quality police- contracted towing services in an efficient and professional manner. DTC is in "good standing" as a service provider to other municipalities and government entities, from which we have received contract extensions. In the event of any unforeseen emergency, as determined by the City of North Miami Beach, DTC has the capacity to mobilize resources in excess of the RFP requirements. . . . . .. . . . . . . . I. I. .. . . .e ~. 8- 'e I. !. I. I. I '. ,e I~ '. ,. . . . . .e ,. . . . ,. . ,..... . ... III .- SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES TI-IIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted ~ City of Sunny Isles Beach, Florirla by Dagmar Del Rosal fur Downtown Towing Company whose business address is 15415 N.E. 21 Ave. North Miami Beach, FL.3~162 and (if applicable) its Fcderal Employcr Identification Numbcr (FEIN) liS 9 - 1 8 4 4 7 8 1 (If the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, mcans a violation of any state or fedcrallaw by a pcrson with rcspcct to and directly relatcd to the transaction of business with any public entity or with an agcncy or political subdivision of any other state or of the United States, including, but not limitcd to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any othcr state or of the Unitcd Statcs and involving antitmst, fraud, theft, bribery, collusion, racketcering, conspiracy, or material misrepresentation. J. I understand that "convictcd" or "conviction" as defined in Paragraph 287.133(l)(b), Florida Statutes means a finding of guilt or a conviction of a public entity crimc, with or without an adjudication of guilt, in any fedcral or state trial court of record relating to charges brought by indictment or information after July I, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders. 4. I understand that an "affiliatc" as defined in Paragraph 287 . 133(1)(a), Florida Statutcs, means: a. A predccessor or successor of a person convicted of a public entity crime; or b. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity come. The term "affiliate" includes those officers, directors, exccutives, partners, shareholders, employces, members, and agcnts who arc active in the management of an affiliatc. Thc ownership by one person of shares constituting a controlling interest in another pcrson, or a pooling of equipment or incomc among pcrsons when not for fair market value under an arm's length agreement, shall bc a prima facic case that one person controls another person. A person who knowingly enters into a joint venturc with a pcrson who has becn convictcd of a public entity crime in Florida during the prcceding 36 months shall bc considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(l)(e), Florida Statutcs, mcans any natural person or entity organized under the laws of any state or of the United Statcs with the legal power to entcr into a binding contract and which bids or applies to bid on contracts for ATTACHMENT "F>> . 30 I. . . . . . . . . . . . . . . . . . . . . . . . . . . . () . . . . . . . . . . (t . () . the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6. Based on infonnation and belief, the statement which I have marked below is true in a relation to the entity submitting this sworn statement. (Please indicate which one (1) of the following three (3) statements is applicable.) -1L- (1) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. _(2) The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. _(3) The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or agents who are active in management of the entity, or any affiliate of the entity has been charged with and convicted of a public entity crime within the past 36 months. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attached is a copy of the final order.) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE PERIOD OF THE CONTRACT ENTERED INTO , WHICHEVER PERIOD IS WNGER. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR THE CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. ~. Dagmar Del Rosal (Printed or Typed Legal Name of Mfiant) 31 I . Ie . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . () (t ~ . STATE OF FLORIDA ) )ss. COUNTY OF MIAMI-DADE) r\i:> The forego~ F~>nn was cknowledged before :BthiS~ of -:1l-L~ ' 2010, by Qr DeL , as Ie>.. of Ida corporation, on behalf of said corporation and limited ppeared before me and is personally known to me. { NOTARY SEAL} N~ffiry:ri!JflJJ~ PrInt Nam Notary Public, State of Florida My Commission Expires: "?~" If"( ~CJ(( t;OTARY PUBUC-STATE OF FLORIDA """""'" Sarah Perez [W ~ Commission # DD703676 \~j Expires: SEP.17,2011 B~~DE]; THRU ATLANTIC BONDING co., INC. 3~ . . ,- I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . {I . . . NON-COLLUSION AFFIDAVIT STATE OF FLORIDA COUNTY OF MIAMI-DADE The undersigned being first duly sworn as provided by law, deposes, and says: 1.1. This Affidavit is made with the knowledge and intent that it is to be filed with the City of Sunny Isles Beach City Commission and that it will be relied upon by said City, in any consideration which may give to and any action it may take with respect to this proposal. 1.2. The undersigned is authorized to make this Affidavit on behalf of, Downtown Towing Company (Name of Corporation, Partnership, Individual, erc.), a corporation duly organized and existing under the laws of the State of Florida of which he is President & Sole Owner (Sole Owner, Partner, President, etc.) 1.3. Neither the undersigned nor any person, firm, or corporation named in above Paragraph 1.2, nor anyone else to the knowledge of the undersigned, have themselves solicited or employed anyone else to solicit favorable action for this proposal by the City, also that no head of any department or employee therein, or any officer of the City of Sunny Isles Beach, Florida is directly interested therein. 1.4. This proposal is genuine and not collusive or a sham; the person, firm or corporation named above in Paragraph 1.2 has not colluded, conspired, connived or agreed directly or indirectly with any Proposer or person, firm or corporation, to put in a sham proposal, or that such person, firm or corporation, shall refrain from Proposing, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, firm or corporation, to fix the prices of said proposal or proposals of any other Proposer; and all statements contained in the proposal or proposals described above are true; and further; neither the undersigned, nor the person, firm or corporation named above in Paragraph 1.2, has directly or indirectly submitted said proposal or the contents thereof, or divulged information or data relative thereto to an associatio an member or agent thereof. President / Owner AFFIANT'S TITLE ^l) The foregoing Affidavit was acknowledged before me this~ day of~ )L~f 2010, by Dagmar Del Rosal , as President of Downtown Tow; ng compaAflorida corporation, on behalf of said corporation and limited partnership. He/She personally appeared before me and is per onally- own.to me. { NOTaRIAL SEAL} II J I Notary: Print Nairul. /' It .L- Notary Public, State of FlO~ My Commission Expires: ., 7~J\J \ t NOTARY PUBlJC-STATE OF FLORIDA ....,..,".., Sarah Perez. n~,uJ1 ~Commission #DD703676 ';.,~./ Expires: SEP.17,2011 '.,,,..,. '.TLANTIC BONDING co., INC. BONDED THRU " ATTACHMENT "G" 33