HomeMy WebLinkAbout760629.tiff RESOLUTION
WHEREAS, it is the desire of the Board of County Commissioners,
Weld County, Colorado, to lease from the Greeley Leasing Company, for
the use of the Weld County District Attorney's Office, the following vehicle,
to-wit:
1 - 1973 Gran Torino - 4-door, Ford Automobile
Serial No. 3H31 H155931,
as per motor vehicle lease agreement #336, said lease agreement attached
hereto and made a part hereof by reference, for a total lease purchase
price of One Hundred Forty Three and 52/100 Dollars ($143. 52) per month.
NOW, THEREFORE, BE IT RESOLVED, that the County of Weld,
State of Colorado, agrees to lease from the Greeley Leasing Company the
aforementioned vehicle for the use of the Weld County District Attorney's
Office, upon all of the terms and conditions as recited in said lease agree-
ment #336 hereinabove referred to.
Dated this 24th day of May, A. D. , 1976.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST:
Weld County Clerk and Recorder
Cnd Clerk to the Board
By
Deputy Cou Clerk
P ROV£yD AS TO FORM _Ck 4-
tc '
..- Special Legal Counsel
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(STANDARD LEASING AGREEMENT Lessee No.
NET LEASE Lease No.
C... .., One D Non-Maintenance DMaintenance Unit No.
Lessor. The Lessor is - a
•
(STATE)
corporation with offices at
(STREET ADDRESS) (TOWN) (STATE( (ZIP CODE)
i
Lessee. The Lessee is %+ t ... .t t— t whose address
is
(STREET ADDRESS) (TOWN) (STATE) (ZIP CODE)
Lessor leases to Lessee, and Lessee leases from Lessor, the following Vehicle upon the following terms and conditions: '
1. VEHICLE, EQUIPMENT, ORIGINAL VALUE MONTHLY DEPRECIATION, TERM,GVW and USE. The Vehicle and its extra equipment,Original Value,
Monthly Depreciation, lease term, GVW and use shall be as set forth below:
CAR D YEAR MAKE MODEL-SERIES-TYPE UNIT SERIAL NO. COLOR CYLS TERM GVW RATING
TRUCK
.. .. - ;MOS. LBS.
EXTRA ORIGINAL VALUE $ USE
EQUIPMENT —
MONTHLY DEPRECIATION $
a. Standard Equipment. The Vehicle shall have all standard equipment (except as replaced by extra equipment) and all equipment necessary to lawful
operation for the use intended. The term "Vehicle" shall mean the Vehicle described above and shall include all such standard and extra equipment.
Additional equipment, whether required by law, or otherwise, may be installed after delivery at lessee's expense, with lessor's approval.
b. Commencement of Term. The lease term for the Vehicle shall commence on the date shown below.
2. SECURITY DEPOSIT TOTAL DELIVERY PAYMENT, MONTHLY & LEASE TERM RF.NTAI . The Security Deposit, Delivery Payment, Mileage,
Monthly and Lease term dental shall be as shown and computed below:
FIRST MONTH CHARGES Total Delivery
Depreciation Rental Fee Insurance Under: Misc. License Maint. Repair Tax Payment
Par. 5 (i) Comp.F.&T.
Par. 5 (ii) Coll./Upset
Par. 5 (iii) P.L.&P.D.
$ $ Total $ $ $ $ $ $
MONTHLY RENTAL Total Monthly
Depreciation Rental Fee Insurance Under: Misc. License Maint. Repair Tax Rental
Par. 5 (i) Comp.F.&T.
Par. 5 (ii) Coll./Upset
Par. 5 (iii) P.L.&P.D. •
$ $ Total $ _$ $ $
Total Rentals
Total Lease Term: Depreciation $ All Other $ Security Deposit $ $ '
FREE MILEAGE '' MILEAGE CHARGE $ PER MILE
a. Security Deposit. The Security Deposit paid by Lessee to Lessor as part of Total Delivery Payment shall he fully refunded on termination of this
lease provided Lessee has fully performed this lease. In the event of any default by lessee, such deposit may be applied by Lessor toward payment of
any amount in default or of any cost or expense (including attorneys' fees)incurred by.Lessor in connection therewith. Such deposit, however,shall
not be construed as payment of any rental nor as diminishing Lessee's obligations to perform this lease in full. • __....
b. Total Delivery Payment and Total Monthly Rental. Upon delivery of the Vehicle to Lessee,the Lessee shall pay Lessor the Total Delivery Payment
which includes rental for the month of delivery. Thereafter,during the term of this lease, Lessee shall pay Lessor the Total Monthly Rental in advance
on the first day of each month. If the lease term begins or ends on other than the first or last day of a month, payment for that month is or will be ap-
portioned on a daily basis.
c. Mileage Charge. If a Mileage Charge is specified above,Lessee shall pay Lessor such charge for each mile the Vehicle is driven, after accumulation
of the Free Mileage specified above, payable on the first day of the next succeeding month. If another Vehicle is substituted for the Vehicle,both shall
be considered one for the purpose of accumulatory mileage and paying Mileage Charges. If the odometer on the Vehicle fails, mileage for the period of
failure shall be computed on the basis of the average daily mileage of the Vehicle during the preceding 30 days.
d. Late Charge. Any payment not made by Lessee within five days after its due date shall be subject to a late charge of 5%of such late payment.
e. Other Charges. If any Insurance,Operating, Licensing, Maintenance-Repair or Tax Charge is specified herein as part of Total Monthly Rental, the
same is based on Lessor's bearing of the similarly identified costs specified herein. If the average cost for any month of any one or more of such costs
for the Vehicle shall increase more than 10%above the amount specified,Lessee shall pay Lessor an additional monthly rental equal to such increase
above 10%. If any such average cost for any month shall decrease more than 10%below the amount specified, Lessor shall refund Lessee an amount
equal to such decase below 10%. Net increases or decreases shall be stated by Lessor to Lessee from time to time and shall be payable within 10
days after Lessee's receipt of such statement
3. OPERATING EXPENSES. Lessee shall pay for all washing,parking, garage,highway road service and towing charges or tolls, and all fines incurred
in connection with the Vehicle. Lessee shall also pay for all gasoline,oil and anti-freeze required for proper operation or protection of the Vehicle, except
Lessor shall pay any of the same for which costs are here specified: gasoline a per gallon; oil a per quart; anti-freeze a per quart.
4. MAINTENANCE and REPAIRS. Lessee shall maintain the Vehicle in good working order and condition, properly serviced and greased,and shall make
all necessary repairs and replacements. Title to all replacements shall vest In Lessor. All such servicing,repairs and replacements shall be done,in order
of preference, at Lessor's shop or shop of nearest authorized dealer in such make of vehicle, unless any interested insurance company shall direct other-
wise. All repairs made necessary by accident or collision and not covered by insurance shall be paid for by Lessee. All other servicing, repairs and re-
placements shall be paid for by Lessee except Lessor shall pay for any of the same for which costs are here specified: tires at $ each for total
of replacements; repair labor at $ per hour; repair parts at (calendar year) Mfg's parts price schedule.
If Lessor is to pay for any servicing, repairs or replacements and the same are to be done elsewhere than Lessor's shop, Lessee shall (1)obtain
Lessor's prior consent thereto if the cost of the same will exceed $ and (2)have an itemized bill sent to Lessor for payment or pay the bill
and present it to Lessor for reimbursement.
5. INSURANCE. During the lease term (Lessor) (Lessee)shall at his expense obtain and maintain the following insurance on the Vehicle:
(i) Comprehensive fire and theft insurance for cars, and fire, theft and combined additional insurance for trucks with not more than $50 deductible for
cars and light trucks and $100 deductible for medium and heavier trucks;
(ii) Collision and upset insurance with not more than $100 deductible for cars and light trucks and $250 deductible for medium and heavier trucks; and
(iii)Automobile liability insurance with limits of not less than $100,000 for any one person for injury or death,$300,000 for any one accident for personal
injury or death, and $25,000 for property damage for cars and $50,000 for property damage for trucks.
a. Other Insurance. Lessee shall provide and pay for any other insurance or bond that may he required by any governmental authority as a condition to
or in connection with Lessee's use of the Vehicle.
b. Persons Protected, Insurers. All such insurance shall protect, as their interests may appear, the Lessor, the Lessee, any other person having an
interest in the Vehicle if he so desires,and any person responsible for the use or operation of the Vehicle. All such insurance shall be provided through
insurance companies approved by Lessor. Any insurance referred to in (i)and (ti)above to he provided by Lessor may be provided by self-insurance.
Lessee shall furnish Lessor satisfactory evidence of insurance to he provided by Lessee.
e. Proceeds. Any insurance proceeds received by either party for any loss or casualty that has been made good by the other shall to that extent be paid
to the other, unless such other is then in default with respect to any of his obligations hereunder and fails to cure such default.
AFFIXING SIGNATURE TO THIS DOCUMENT INDICATES UNDERSTANDING OF AND AGREEMENT TO THE CONDITIONS AND TERMS
(AS DESCRIBED ON BOTH PAGES) OF THIS CONTRACT. NOTICE TO LESSEE: (1) DO NOT SIGN THIS AGREEMENT BEFORE YOU
READ IT OR IF IT CONTAINS ANY BLANK SPACES TO BE FILLED IN. (2) YOU ARE ENTITLED TO A COMPLETELY FILLED-IN
COPY OF THIS AGREEMENT.
IN WITNESS WHEREOF, the parties have duly executed this lease this day of , 19_'''..,_;_,
Lessor �1' •
X M1 L
X Lessee
By By i •.,` t. , /-:f"-9r__
Title
Title ... -
FORM SLA-25 THE REYNOLDS a REYNOLDS CO. CELINA. OHIO LiixD U ,.
STANDARD LEASING AGREEMENT
NET LEASE
6, REGISTRATION and INSPECTION. Lessee shall accomplish and pay for the titling, registration and licensing of the Vehicle in the Lessor's name
(unless otherwise agreed if permitted by law), and all inspections thereof required by any governmental authority, except Lessor shall pay any of the same
for which costs are here specified: titling, registration and licensing $ per year; annual inspection $ . Lessee shall permit Lessor and its
designees to inspect the Vehicle at reasonable times and intervals.
7. TAXES. Lessee shall pay all occupational taxes and governmental charges imposed in connection with the use to which the Vehicle is put. Lessee
shall also pay all sales,use,excise,personal property and other taxes and governmental charges payable during the lease term with respect to the Vehicle
or its ownership, possession, rental, transportation or delivery, except Lessor shall pay any of the same for which costs are here specified: sales/use
tax "i; personal property tax o assessed value, and except net income or gross receipts taxes measured by rentals payable hereunder.
8. INDEMNITY. Lessee shall indemnify the Lessor (and Lessor's agents and employees) against any damage, loss, theft or destruction of any vehicle,
and of the contents thereof, during the lease term, and against any and all losses,damages, injuries, claims, demands, costs and expenses (including
legal expenses) of every kind and nature, arising out of or connected with the use, condition (including, without limitation, any defect whether or not
discoverable by Lessor or Lessee, any negligence of Lessor whether by commission or omission, and any strict liability of Lessor) or operation of each
vehicle during the lease term. Lessor shall promptly notify Lessee of any such event of which Lessor has actual notice,and Lessee shall be entitled to
participate in the defense of any such claim or demand.
9. PERFORMANCE of OTHER'S OBLIGATION: REIMBURSEMENT. If either party shall fail or refuse, for any reason, to perform any provision of para-
graph 3, 4, 5, 6 or 7 hereof to he performed by him, the other party may, at his option, perform the same and shall he reimbursed his costs therefor upon
demand.
10. USAGE. The Vehicle shall he used and operated only (i) for the use and within the GVW specified above and (ii) in a careful manner and in compliance
with all governmental requirements, including those pertaining to the age and licensing of drivers and disclosure of Lessor's interest in the Vehicle. The
Vehicle shall not he used or operated(a)in a manner subjecting it to depreciation above the normal depreciation associated with the use specified above,
(b) for an illegal purpose or by a person under the influence of alcohol or narcotics, (c) for the transportation of goods or persons for hire, (d) in any
manner or for any purpose that would cause any insurance specified in paragraph 7 In he suspended, cancelled, inapplicable, or increased in cost, or(e)
outside the continental United States or Canada. Lessee shall not place any sign or marking on the Vehicle without Lessor's prior written consent and
shall hear the cost of removing the same at the end of this lease and of repairing any damage caused by such removal.
11. TERMINATION.
a. By Lessor. The Lessor may terminate this lease at any time by written notice to the Lessee upon the occurrence of any of the following events of
default: (i) failure by the Lessee to provide any insurance to be provided by Lessee,or refusal by any mutually approved carrier to issue any insurance
required hereunder,or cancellation or suspension by the carrier of any insurance required hereunder,(h) failure by the Lessee to pay any Total Monthly
Rental or Mileage or other charge or sum then payable to Lessor hereunder and such failure continues for more than 10 days after Lessor has issued a
demand notice for payment thereof, (iii) failure by the Lessee to perform any other provision of this lease to be performed by Lessee, (iv) the filing of
any petition by or against the Lessee under any bankruptcy reorganization or receivership law, or Lessee's making an assignment for the benefit of
creditors, or Lessee suffers the appointment of any trustee or receiver of Lessee's business or assets or any part thereof, or Lessee makes or suffers
any voluntary or involuntary assignment of Lessee's interest in the Vehicle, or Lessee suffers any lien, attachment or levy to become attached to the
Vehicle, unless such petition, assignment, appointment, lien, attachment or levy be withdrawn or nullified in 20 days.
b. By Lessee. Upon at least 30 days prior written notice to Lessor, the Lessee may terminate this lease at any time upon return of the Vehicle and
payment of damages as specified in paragraphs 12 and 13 hereof or upon such other terms and conditions as may then be mutually agreed to in writing
by Lessor and Lessee.
12. RETURN OF VEHICLE. Upon the expiration or earlier termination by either party of the term of this lease:
a. Return. Unless the Lessee purchases the Vehicle, pursuant to paragraph t3a, the Lessee shall return the same to the Lessor, in as good condition
as when first received, ordinary wear and tear excepted, at (i) the place where the Lessee first received the Vehicle, Co)to Lessor's principal place
of business if different from (i) above, or (iii) to such location as may he designated by Lessor.
b. Repossession. If Lessee neither purchases nor returns the Vehicle, the Lessor may repossess the same at any time whenever the same may be
located, and may enter upon any premises of Lessee for that purpose, and shall hold the same when so repossessed free and clear of this lease and
any rights of Lessee therein.
c, Lost Vehicle. If the Vehicle is lost,stolen or destroyed or is declared a total constructive loss (subject to Lessor's agreement as to such condition),
Lessee shall promptly notify Lessor thereof and hold any wreckage for disposal by Lessor, and the Vehicle shall be deemed surrendered to Lessor as
of Lessor's receipt of such notice. Lessor shall promptly cause any wreckage to he sold. Any wreckage not held by Lessee for disposal by Lessor
shall be deemed sold at a price of zero dollars.
d. Sums Due. Upon any purchase, return or repossession, Lessee shall promptly pay Lessor all Total Monthly Rentals and Mileage and other charges
and sums payable hereunder with respect to the Vehicle up to the time of such purchase, return or repossession.
13. DAMAGES UPON EARLY TERMINATION. Upon the termination of this lease by either party prior to the expiration of the lease term,the Lessee shall
promptly pay Lessor all damages suffered by the Lessor by reason of such termination (or by reason of any breach of this lease by Lessee). Such damages
shall include damages determined as follows:
a. Purchase. If terminated by Lessor under subparagraph lla the Lessee shall promptly purchase and pay for the vehicle, if Lessor so requests, at
its Depreciated Value (i.e., its original value, less a sum equal to its Monthly Depreciation specified herein, multiplied by the number of Monthly
Rentals that have been paid). Lessee shall also take over any insurance on the vehicle paid for by Lessor and pay Lessor for the unearned cost thereof
on a daily apportionment basis.
b. Resale. If the Lessor does not request Lessee to purchase the vehicle or if the vehicle is not so purchased, or if this lease is terminated by Lessee
under paragraph 1lb, Lessor shall sell the vehicle (or wreckage under paragraph 12c)within 30 days after its surrender or repossession (or such other
period as the parties may agree upon). The sale may he public or private and with or without notice to Lessee, shall beat wholesale, and shall be only
for cash payable in full upon delivery of the vehicle and its title papers to the purchaser. If the Net Proceeds of the sale are less than the Depreciated
Value of the vehicle such deficiency shall constitute part of Lessor's damages; if such Net Proceeds exceed Depreciated Value,the excess shall con-
stitute an offset to Lessor's other damages.
"Net Proceeds" shall mean the amount received on the sale, less all direct expenses of Lessor in preparing and holding the vehicle for sale and
selling it and less all sums due Lessor under paragraph 12d if not otherwise paid, and less all debts incurred by Lessee which, if not paid, might
constitute a lien on the vehicle or a liability of Lessor.
c• Lost Income. Lessee shall pay Lessor as liquidated damages for loss of income, the Monthly Rental Fee and Monthly Licensing and Tax Charges
for each month of the original term of the lease remaining after the termination.
d. Expenses. Lessee shall reimburse Lessor all costs and expenses (including reasonable attorney's fees) incurred by Lessor in enforcing Lessor's
rights hereunder.
e. Remedies Not Exclusive. Repossession and resale of the Vehicle shall not affect Lessor's rights to recover any damages from Lessee, and Lessor's
rights and remedies in the event of any breach,termination or expiration of this lease(including damages herein spccified),shall not he deemed exclusive
but shall be cumulative and in addition to all other rights and remedies in Lessor's favor existing by law.
14. EXTENDED TERM: SUBSTITUTION of VEHICLES. Either Lessor or Lessee may, at least thirty (30)days, but not more than ninety (90) days, prior
to the expiration of this lease, offer in writing to the other to continue this lease indefinitely on a month-to-month basis. If the other accepts such offer in
writing this lease shall be so continued with respect to the Vehicle.
Lessor may, at any time, substitute a similar vehicle for the Vehicle and the substitute shall be subject to all of the provisions of this lease as if it
were the original vehicle. If the Vehicle shall be stolen, or converted and not recovered in 10 days, or shall be damaged and not repairable in 10 days,
Lessor shall have the option either to terminate this lease as of such 10th day or to substitute a similar vehicle until the original is returned or repaired.
15. FORCE MAJEURE and NO CONSEQUENTIAL DAMAGES. Lessor shall not be liable for any failure or delay in delivering the Vehicle, or in performing
any provision hereof,due to fire or other casualty,labor difficulty, governmental restriction or any cause beyond Lessor's control. In no event shall Lessor
he liable for any loss of profits, other consequential damages or inconvenience due to any theft, damage, loss, defect or failure of the Vehicle or the time
consumed in recovering, repairing, servicing or replacing the same, and there shall be no abatement or apportionment of rental during such time.
16. LEASE ONLY. This agreement is one of leasing only and Lessee shall not have or acquire any right, title or interest in the Vehicle except the right
to use the same as provided in this agreement.
17. PROCEDURE on ACCIDENTS. Lessee shall furnish to Lessor and to the automobile liability insurer of the Vehicle, within 24 hours, a report of any
accident involving the Vehicle on the form furnished by such insurer. If any claim is made or action commenced for death,personal injury or property damage,
condition, use or operation of the Vehicle, Lessee shall promptly notify Lessor thereof and furnish Lessor a copy of every demand, notice, summons, pro-
cess and pleading received in connection therewith and cooperate with Lessor and the insurer in defending the same.
18. ENTIRE AGREEMENT, LAW of AGREEMENT, ASSIGNMENT and SUBORDINATION. This lease constitutes the entire agreement between the parties
and may not be changed except by an instrument in writing signed by the party to he charged.
This lease may not he assigned, or the Vehicle subleased, by Lessee without Lessor's prior written consent.
Lessor may assign this lease and any or all rentals or other sums payable by Lessee hereunder; upon notice of such an assignment, Lessee shall pay
such sums to the assignee without offset, counterclaim or defense of any kind. Lessor may also execute any type of security instrument with respect to
the Vehicle and Lessee's rights shall he subordinate to the rights of the holder of such instrument. No assignment, or execution of a security instrument,
by Lessor shall relieve Lessor from any liability hereunder.
The parties intend this agreement to he executed in, and interpreted, construed and enforced in accordance with the laws of, the state of Lessor's
place of business first above stated.
19. COUNTERPARTS and RECORDING. Lessor and Lessee shall execute this lease in as many counterparts (each constituting an original but together
constituting only one agreement)as may he reasonably necessary for recording or filing in any governmental office. Lessee shall pay the fees and Lessor's
out-of-pocket expenses for any such recording or filing required by law and shall pay any stamp or documentary taxes assessed upon this lease.
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