HomeMy WebLinkAbout20081238.tiff RESOLUTION
RE: APPROVE LEASE FOR USE OF VEHICLE AND AUTHORIZE CHAIR TO SIGN-SPAUR
TRUCKING, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Lease for the Use of a Vehicle between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County,on behalf of the Department of Public Works,and Spaur Trucking, Inc., commencing
May 1, 2008, and ending September 30, 2008, with further terms and conditions being as stated
in said lease, and
WHEREAS, after review, the Board deems it advisable to approve said lease, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Lease for the Use of a Vehicle between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Public Works, and Spaur Trucking, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said lease.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 28th day of April, A.D., 2008.
BOARD OF COUNTY COMMISSIONERS
/� � WELD COUNTY, COLORADO
ATTEST: L r ���7Jf/i� " •� `, ~ '1 clv
‘..L.P' V I 'am H. Jerke, Chair
Wel County Clerk to the B'. ;- \\\
No
s; (r \ Robert p. kRroem
BY:
to aift //
Dip ty Cle to the Boar
I (am F. gGarcia
APPROVED AS TO FORM:
David E. Long
y Sjg��1 U Douglas ademacher
Date of signature: I
2008-1238
EG0058
gg; /p O5/09 (O31
MEMORANDUM
ITO: Clerk to the Board DATE: April 24, 2008
C.
COLORADO FROM: Jay McDonald, Public Works
SUBJECT: Agenda Item
Lease Agreement with Spaur Trucking, Inc. on a 1984 Fruehauf hydraulic end dump trailer VIN
#1H4D03022EF102701 from May 1, 2008 through September 30, 2008.
The Lease Agreement is attached.
pc: Pat Persichino, Director of Public Works
Mona Weidenkeller, Public Works
M:\Francie\Agenda Item.doc
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2008-1238
•
4
LEASE
THIS LEASE,made and entered into thiso?3 day of April, 2008, by and between SPAUR
TRUCKING,INC. 18675 WCR 13,Johnstown,Colorado 80534,hereinafter referred to as"Lessor",
and THE COUNTY OF WELD, State of Colorado, by and through the Board of County
Commissioners of the County of Weld, 915 Tenth Street, Greeley, Colorado 80631, hereinafter
referred to as'Lessee..
WITNESSETH:
That in consideration of the payment of the rent and the keeping and performance of the
covenants and agreements by Lessee, hereinafter set forth, Lessor hereby leases unto Lessee the
following described vehicle, to-wit: one 1984 Fruehauf hydraulic end dump trailer, VIN #
1 H4D03022EF 102701.
TO HAVE AND TO HOLD the same by Lessee from the 1s`day of May,2008,to and until
the 30`h day of September,2008,at and for a rental,of Fifteen and no/100 dollars($15.00)per hour,
based upon a forty (40) hour week, for a total of Fourteen Thousand One Hundred and Sixty and
no/100 Dollars, ($14,160), payable in monthly installments on the first day of each month for the
previous month's lease. The amount paid will be based upon the number of days of use in the prior
month. Upon mutual agreement, which shall be reduced to writing and signed by both parties, this
lease may commence on a date earlier than May 1, 2008. Lessee will pay for any additional time at
the agreed upon rate on May 1, 2008.
Furthermore,the Lessee, in consideration of leasing of said vehicle as aforesaid, covenants
and agrees as follows:
a. To pay the rent for the aforesaid premises as hereinabove provided;
b. To use ordinary care when using the vehicle;
c. To pay all insurance on said vehicle;
d. To assume full responsibility for the repair and maintenance, and replacement, if
necessary, of the tires on the vehicle;
e. To maintain the vehicle in proper working order.
f. To neither hold nor attempt to hold the Lessor liable for any injury or damage,
either proximate or remote, occurring through or caused by any repairs, alterations,
injury,or accident to the premises by reason of the negligence,default,or omission of
the Lessor or its officers, employees, or agents;
a'DOo° /23
Furthermore, the parties hereto agree as follows:
1. That no assent, express or implied, to any breach of any one or more of the
covenants or agreements hereof shall be deemed or taken to be a waiver of any
succeeding or other breach;
2. That if, after the expiration of the term of this Lease, the Lessee shall desire to
remain in possession of said vehicle,and continue to pay rent for additional days,this
Lease shall continue for such extended term under the same terms and conditions set
forth herein;
3. That Lessee agrees to indemnify, save, and hold harmless Lessor from any and all
loss, injury, or damage whatsoever;
4. That Lessee may terminate this Lease upon thirty (30) days written notice
provided to Lessor at the address set forth above.
5. That this Lease may not be assigned or sublet by Lessee to any other person or
entity without the express written consent of the Lessor.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties herein,that
if the rent above reserved or any part thereof, shall be arrears or if default shall be made in any of the
covenants or agreements herein contained,to be kept by the Lessee,it shall and may be lawful for the
Lessor to declare said term ended and to retrieve and repossess said hydraulic end dump and if at
any time said term shall be ended as aforesaid or in any other way,the Lessee hereby covenants and
agrees to surrender and deliver up said vehicle peaceably to Lessor immediately upon the termination
of said term,.
IT IS FURTHER EXPRESSLY UNDERSTOOD AND AGREED that all the covenants and
agreements in this Lease contained shall extend to and be binding upon the heirs, executors, legal
representatives, and assigns of the respective parties hereto.
IN WITNESS WHEREOF,the parties hereto have hereunder set their hands and seals the day
and year first written above.
LESSOR:
ATTEST: )(Lie Ma./ COUNTY OF WELD, STATE OF
L® COLORADO by and through
Board of County Commissioners of
Weld County Clerk to the Bo 1861 BYO sitv County of Weld
By: G `G//` By:'•
Deputy erk to the Board William H. Jerke, Chair
ATTESTING TO BOARD Of COUNTY LESSOR: APR 2 8 2008
COMN7hSSI0NLR S.GNA URES ONLY
SPAUR TRUCKING, INC.
By: ` In .
Greg Spauf P ident
STATE OF COLORADO )
County of Weld ) ss.
The forgoing instrument was acknowledged before me this aid day of April,2008,by Greg
Spaur, President, SPAUR TRUCKING, INC.
Witness my hand and official seal.
Vllattt' Aahl6-
Notary Public
My commission expires: , 9//
//
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