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2020/02/24 Enterprise FM Trust Amendment to Master Equity LeaseFLEET MANAGEMENT Open-End (Equity) Lease Rate Quote Quote No:4587002 Prepared For: City of Menifee Yun, Allen Unit # Yeat 2020 Make Nissan Model Maxima Series 3.5 S 4dr Sedan Vehicle Ord6r Type Ordered Term 60 State CA Customer# 343096 Oate O3hAl2020 AE/AM GJM $ 27,501.00 $ 0.00 $ 0.00 $ 0.00 $ 325.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 Capitalized Price of Vehiclel Sales Tax 0.0000% State CA lnitial License Fee Registration Fee Other: (See Page 2) Capitalized Price Reduction Tax on Capitalized Price Reduction Gain Applied From Prior Unit Tax on Gain On Prior Security Deposit Tax on lncentive( Taxable lncentive Total : $0.00 ) Total Capitalized Amount (Delivered Price) Depreciation Reserve @ 1.3500% Monthly Lease Charge (Based on lnterest Rate - Subject to a Floor)2 $ 465.62 Total Monthly Rental Excluding Additional Services All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote. Order lnformation Driver Name Exterior Color (0 P) Pearl White Tricoat lnterior Color (0 l) Charcoal Wcloth Seat Trim Lic. Plate Type Unknown GVU/R 0 Comp/Coll Deductible 0 / 0 OverMileage Charge $ 0.0000 Per Mile # Tires 0 Loaner Vehicle Not lncluded $ 27,826.00 $ 375.65 $ 89.97 $000 $ 0.00 $ 38.17 Additional Fleet Management Master Policy Enrollment Fees Commercial Automobile Liability Enrollment Liability Limit $0.00 Physical Damage Management Full Maintenance Program3 Contract Miles 50,000 lncl: # Brake Sets (1 set = 1 Axb) q Additional Services SubTotal Sales Tax 8.7500o/o Total ll/lonthly Rental lncluding Additional Services Reduced Book Value at 60 Months Service Charge Due at Lease Termination TITLE State CA $ 544.s3 $ 5,287.00 $ 400 00 Quote based on estimated annual mileage of '10,000 (Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval) Notes Open - End (Equity) Lease Agreemenl and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle. ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR. Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and agrees that Lessor shall have the right to collect event Lessee fails or refuses to accept delivery of the ordered vehicle. Lessee certifies that it intends that more than 50% of ofthe vehicle is to be in a trade or business ofthe Lessee. $ 38.17 $ 40.74 LESSEE City of Menifee BY D^r36b , INDICATES ITEMS TO BE BILLED ON DELIVERY Rebates And/Or lncentives Have Been Used By L€ssor to Reduce the Capitalized Price of the Vehicle. 2 lronthly Lease Charge Wll Be Adjusted to Reflect the lnterest Rate on the Delivery Date (Subject to a Flooo. at the direction of Enterprise FM Trust, solely as an authorized agent for @llection on behalf of Enterprise Flet Managsment, lnc. Printed On 03/182020 04:50 PM Page 1 of I !@@p I tlSr%.r.*, Open-End (Equity) Lease Rate Quote Quote No:4587002 Other Totals Pricing Plan Delivery Charge $ 125.00 Courtesy Delivery Fee $ 200.00 Total Other Charges Billed $ 0.00 Total Other Charges Capitalized $ 325.00 Other Charges Total $ 325.00 Printed On 03fi812020 04:50 PM Page 2 of 8 Descriotion {Blilled or (C)aooed Price Printed On 0311812020 04:50 PM Page 3 of 8 EEEE FLEET Quote No:4587002 AMENDMENT TO MASTER EQUITY LEASE AGREEMENT THIS AMENDMENT TO MASTER EQUITY LEASE AGREEMENT (this "Amendment") is made and entered into as of the 24lh day of Feb, 2020, by and between Enterprise FM Trust, a Delaware statutory trust ("Lesso/') and City of Menifee ("Lessee"). WITNESSETH: WHEREAS, Lessor and Lessee are parties to certain Master Equity Lease Agreement dated 21st day of Apr, 2015, as amended (the "Agreement"; all capitalized terms used and not otheMise defined in this Amendment shall have the respective meanings ascribed to them in the Agreement as amended by this Amendment); and WHEREAS, Lessor and Lessee desire to amend the Agreement in the manner hereinafter set forth; NOW, THEREFORE, in consideration of the premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: 1. Notwithstanding the second to last sentence of Section 't of the Agreement, Lessor and Lessee hereby agree that, solely for federal, state and local income tax purposes, the lease by Lessor to Lessee under the Agreement of following Vehicles (the "Specified Vehicles") will be treated as a conditional sale rather than a true lease and that Lessee will be treated as the owner of the Vehicle solely for such income tax purposes: Year Make Model Quote # 2020 Nissan Maxima 4587002 The Agreement and this Amendment have the specific intent of creating a conditional sale rather than a true lease with respect to the vehicles listed above, and by design, give appropriate consideratiQn to tax statutes, Regulations, Court decisions, and IRS rulings and positions. ln recognition of that intent, each of Lessor and Lessee hereby further agrees that it will not take any action or file any return or other document inconsistent with such tax treatment or with the ownership of the Specified Vehicles by Lessee solely for such income tax purposes. Notwithstanding the foregoing, or anything else in this Amendment, the Agreement or any Schedule to the contrary, and given the inherent uncertainty that exists with respect to any advertised tax result or outcome, Lessee hereby acknowledges and agrees that Lessor makes no representation, warranty or covenant that any tax authority will not assert a contrary position or assert that (a) the lease of the Specified Vehicles by Lessor to Lessee is a true lease for tax purposes, (b) Lessee is not the owner of the Specified Vehicles for tax purposes and/or (c) Lessee is nol entitled to claim any depreciation or recovery deduction for tax purposes with respect to the Specitied Vehicles. Lessee shall be solely liable for any and all costs and expenses, including, without limitation, any and all attorneys'fees, incurred in contesting any such treatment of the lease of the Specified Vehicles as otherthan a conditional sale and shall keep Lessor informed, in writing, of any dispute with any tax authority as to the tax treatment of the lease of the Specified Vehicles. 2. All references in the Agreement and in the various Schedules and addenda to the Agreement and any other references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenanls, representations and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby ratified and confirmed. lN WTNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease Agreement as of the 24lh day of Feb, 2020 Enterprise FM Trust (Lessor) By: Enterprise Fleet Management, lnc., its attorney in fact City of Menifee ("Lessee") By Tarz /)a/az [rigilally signed by Tom Dolan Title: Fleet [Vtanaoement AVP By Tiile: Printed On 03fi812020 04:50 PM Page 4 of I EG@EI I t*i5r%rr.*, Open-End (Equity) Lease Rate Quote Quote No:4587002 VEHICLE INFORMATION 2020 Nissan Maxima 3.5 S 4dr Sedan - US Series lD: 16010 Pricing Summary: Base Vehicle Total Options Destination Charge Total Price lNvotcE $ 31,976.00 $ 350.00 $ 925.00 MSRP $ 34,250.00 $ 395.00 s 925.00 $ 33,251.00 $ 35,s70.00 SELECTED COLOR: Exterior: lnterior: QAB - (0 P) Pearl Vvhite Tricoat G - (0 l) Charcoal Mcloth Seat Trim SELECTED OPTIONS: DESCRIPTION 50 State Emissions Premium Paint - Pearl White (0 l) Charcoal w/Cloth Seat Trim Monotone Paint Application (0 P) Pearl White Tricoat Engine: 3.51 DOHC 24-Valve V6 Radio: AM/FM/CD Audio System Front Zero Gravity Seats Cloth Seat Trim Transmission: Xtronic Continuously Variable (CW) Tires: P245l45R'l 8 V-Rated All-Season Wheels: 18" Machined Alloy INVOICE NC $ 350.00 NC STD NC STD STD STD STD STD STD STD MSRP NC $ 395.00 NC STD NC STD STD STD STD STD STD STD Printed On 0311812020 04:50 PM Page 5 of 8 CODE c03 E10 G_03 PAINT QAB-o1 STDEN STDRD STDST STDTM STDTN STDTR STDWL Body Exterior Features: Number Of Doors 4 Rear Cargo Door Type: trunk Driver And Passenger Mirror: power remote manual folding side-view door mirrors Door Handles: chrome Front And Rear Bumpers: body-coloured front and rear bumpers Body Material: galvanized steel/aluminum body material Grille: black w/chrome accents grille Exhaust Tip: chrome tip exhaust Convenience Features: Air Conditioning automatic dual-zone front air conditioning Air Filter: air tllter Console Ducts: console ducts Cruise Control: cruise control with steering wheel controls TrunuHatch/Door Remote Release: power cargo access remote release Power \Mndows: power windows with driver and passenger 1{ouch down Remote Keyless Entry: keyfob (all doors) remote keyless entry llluminated Entry: illuminated entry lntegrated Key Remole: integrated key/remote Auto Locking: auto-locking doors Passive Entry: proximity key Valet Key: valet function Trunk FOB Controls: keyfob trunldhatch/door release \Mndow FOB Controls: remote window controls Remote Engine Start: remote engine start Steering Wheel: sport steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror Auto-dimming Rearview Mirror: auto-dimming rearview mirror Driver and Passenger Vanity Mirror: illuminated auxiliary driver and passenger-side visor mirrors Garage Door Opener: Homelink garage door transmitter Front Cupholder: front and rear cupholders Floor Console: full floor console with covered box Overhead Console: mini overhead console with storage Glove Box: locking glove box Driver Door Bin: driver and passenger door bins Rear Door Bins: rear door bins Seatback Storage Pockets: 2 seatback storage pockets lP Storage: covered bin instrument-panel storage Driver Footrest: driver's footrest Retained Accessory Power: retained accessory power Power Ac@ssory Outlet: 1 12V DC power outlet Entertainment Features: radio SiriusXM AM/FM/Satellite with seek-scan, single in-dash CD player MP3 Player: CD-MP3 decoder Radio Data System: radio data system Voice Activated Radio: voice activated radio Speed Sensitive Volume: speed-sensitive volume Steering Vvheel Radio Controls: steering-wheel mounted audio controls Speakers: 16 speakers 1st Row LCD: 2 1st row LCD monitor \Mreless Connectivity: wireless phone connectivity Antenna: window grid antenna Lighting, Visibility and lnstrumentation Features: Headlamp Type delay-off aero-composite LED low beam headlamps Auto-Dimming Headlights: High Beam Assist (HBA) auto high-beam headlights Front Wipers: variable intermittent speed-sensitive wipers wipers Rear \Mndow Defroster: rear window defroster Tinted Wndows: lighttinted windows Dome Light: dome light with fade Front Reading Lights: front and rear reading lights Printed On 0311812020 04:50 PM Page 6 of 8 CONFIGURED FEATURES: Door Curb/Courtesy Lights: 2 door curb/courtesy lights lgnition Switch: ignition switch light Variable lP Lighting: variable instrument panel lighting Display Type: analog display Tachomeler: tachometer Exterior Temp: outside-temperature display Low Tire Pressure Warning: tire specific low-tire-pressure warning Park Distance Control: rear parking sensors Trip Computer: trip computer Trip Odometer: trip odometer Lane Departure Warning: lane departure Blind Spot Sensor: blind spot Front Pedestrian Braking: pedestrian detection Forward Collision Alert: forward collision Water Temp Gauge: water temp. gauge Clock: in-radio display clock Systems Monitor: systems monitor Rear Vision Camera: rear vision camera Oil Pressure Warning: oil-pressure warning Battery Warning: battery warning Lights On Warning: lights-on warning Key in lgnition Warning: key-in-ignition warning Low Fuel Warning: low-fuel warning Low Washer Fluid Warning: low-washer-fluid warning Bulb Failure Warning: bulbJailure warning Door Ajar Warning: door-ajar warning Trunk A.iar Warning: trunk-ajar warning Brake Fluid Warning: brake-fluid warning Safety And Security: ABS four-wheel ABS brakes Number of ABS Channels: 4 ABS channels Brake Assistance: brake assist Brake Type: four-wheel disc brakes Vented Disc Brakes: front and rear ventilated disc brakes Daytime Running Lights: daytime running lights Spare Tire Type: compact spare tire Spare Tire Mount: spare tire mounted inside under cargo Driver Front lmpact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seatmounted driver and passenger side-impact airbags Overhead Airbag: curtain 1st and 2nd row overhead airbag Knee Airbag: knee airbag Rear Side Airbag: rear side-impacfimpact airbag Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable fronl seatbelts Seatbelt Prelensioners: front seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Fuel Flap Locking Type: locking fuel flap included with power door locks Side lmpact Bars: side-impact bars Perimeter Under Vehicle Lights: remote activated perimeter/approach lights Rear Child Safety Locks: rear child safety locks lgnition Disable: immobilizer Security System: security system Panic Alarm: panic alarm Electronic Stability: electronic stability Traclion Control: ABS and driveline traction control Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints Seats And Trim: Seating Capacity max. seating capacity of 5 Front Bucket Seats: front bucket seats Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and passenger seats Printed On 0311812020 04:50 PM Page 7 of 8 Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest Rear Seat Type: rear 6040 bench seat Rear Folding Position: rear seat fold-fouard seatback Rear Seat Armrest: rear seat centre armrest with slorage Leather Upholstery: cloth front and rear seat upholstery Door Trim lnsert: vinyl door panel trim Headliner Material: full cloth headliner Floor Covering: full carpet floor covering Dashboard Console lnsert, Door Panel lnsert Combination: metallooldpiano black instrument panel insert, door panel insert, console insert Shift Knob Trim: leather/piano black shifr knob Leathersteeringvvheel: leather/metal-look steering wheel lnterior Accents: chrome/metal-look interior accents Cargo Space Trim: carpet cargo space Trunk Lid: carpet trunk lid/rear cargo door Cargo Light: cargo light Standard Engine: Engine 300-hp, 3.5liter V-6 (premium) Standard Transmission: Transmission 2-speed CW w/ OD and auto-manual Printed On 0311812020 04:50 PM Page 8 of I