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Home My WebLink About890101.tiff RESOLUTION RE: APPROVE LEASE AGREEMENTS BETWEEN MODULAIRE INDUSTRIES AND WELL) COUNTY HUMAN RESOURCES AND AUTHORIZE CHAIRMAN TO SIGN 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 , two Lease Agreements between Modulaire Industries and Weld County Human Resources have been presented to the Board of County Comm:Lssioners, and WHEREAS , said Lease Agreements concern the leasing of two modular classrooms for Head Start, with the further terms and conditions being as stated in said Lease Agreements, and WHEREAS , the Board deems it advisable to approve said Lease Agreements, copies of which are 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 Agreements between Modulaire Industries and Weld County Human Resources be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said Lease Agreements . The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 23rd day of January, A.D. , 1989 . )11 i `- 1 � . BOARD OF COUNTY COMMISSIONERS ATTEST: L' /, 4/'. MA ��-� WELD COUNTY, COLORADO Weld County Clerk and Recorder f 777(•-t-' _ and Clerk to the Board C.W. Kirby, Chia' man BY: 4- ' (,/ �� J 7 le Jo on, Pro-Tem Deputy Count Clerk APPROVED AS TC FORM: en Bran ner Z,C` rge %n a -- County Attorney — Gor o . Lac 890301 RENTAL/LEASE NIODUWRE CONTRACT NO. 310560 AGREEMENT GUST. NO. -- ❑ NEW A Waste Management Company `�J GUST. P. O. NO. PARTIES [ Lessee . Weld County Human Resources verbal Billing Address _ 1551 N. 17th Ave. Billing Authority 80631 5303) 353-3816 City_ Greeley State CO _ Zip _ (Area Code)-Telephone Lessor: Modulaire Industries 2400 W. Union Ave. , P.O. Box 1238 -- ---- --- City Englewood State CO zip 80110 (AreaCode)--Telephone J303) 797-1600_ PROPERTY [ MODULAIRE INDUSTRIES hereby leases to Lessee the following properly upon the terms written below. Set al No. Type of Properly Year Size Stock No. ___ •1 Modular Classroom _ 1989 28X60 _ N/A N/A — INFORMATIONLe 0820 Salesperson I I Rodger Jones Market Info.(5.1.C.) _. -- Orde Source(Code)_. - 1551 N. 17th Ave. — Order Placed By— Jeannie Tacker Office Address. - —Ti Greele state CO Zip 80631 (Area Code)-telephone __-- Y March 1989 Tax Exemption No._ Proposed Delivery Date _ -- -- — — Delivery Address L_ I 1055 Birch St. , Gilcrest Colorado ___-- Delivery Instructions __.. RECURRING CHARGES , 'INITIAL PAYMENT DUE ON EXECUTION' OF LEASE (INCLUDES APPLICABLE TAXES) Each and every month, Lessee shall pay to MODULAIRE INDUSTRIES,monthly 868.00 in advance,the total charges shown below at MODULAIRE'S remittance address $ as shown on the invoice Recurring Charges. 13107.00 Sixty (60) months. Additional Charges at Inception ... $ -.---- Guarantee Lease Term _ _ From March 1989 _ To _-February 1994 Miscellaneous Charges $ 13,975.00 •1. Rental Rate Pr MO-see attached .. $ _ 868.00_ -TOTAL — C '2. Per - $ — ❑ •3._ Per - $ H Approx. Property/ License Fee Per _ $ — ,ADDITIONAL CHARGES AT TERMINATION Ei - $ Li $ I I Return Freight to be Modulaire's then cut rer t rate' NA I_ Dismantle . then current rate . $ __ — State Tax °io $ - • $ NA �_ .] Cleaning Fee $ . --- Local Tax orb ' Transportation Tax _. °/° $ 1h Unreturned Keys(Charge per door) . $ — --- $ ' , If applicable, sales price a Ater - Sub Total 60 monthly lease paymt: $ 3.95 ❑ Comp.Waiver for Phys. Damage per — $ TOTAL RECURRING CHARGES $ 868.00 'pins applicable taxes / ADDITIONAL CHARGES AT INCEPTION INSURANCE Lessee,at its expense,will obtain and keep in force fire and extended coverage. miles $ 515.00 vandalism and malicious mischief insurance covering all equipment in the amount ri Delivery t (up to _. 1 - $ 2438.00 of $ 451000'00 , with a loss payable clause protecting Lessor as m. G Skirting ktai (T interests may appear. A copy of the insurance certificate must be providea to ( yp incl.wood ) � - $ Lessor prior to or concurrent with delivery of the leased equipment Lessee r41! L . c (Type: __ - ❑ Anchors(k 4 _Type: all rer. _ ) ... $ incl. indemnity Lessor with respect to all liability nr accordance with the provisom.o' ❑utility svc. (see attached exi$1)8287.00 Paragraphs 5 and 15 on the reverse side hereof. (_handicap ramp & stairs $ 1867.00 State Tax _ °'° $ COMPREHENSIVE WAIVER FOR PHYSICAL DAMAGE Local Tax -% $ In lieu of providing Lessor with a certificate of insurance covering lass or phys Transportation Tax __ % $ tiat damage to the leased equipment, Lessee may accept the Comprehensive TOTAL $ 13. 107.00 aiver for Physical Damage by mitialm the "accepts" block. Lessee or it's J gent L— accepts declines to pay an additional fee of NA 650Q per m0_ until termination of lease. This fee will MISCELLANEOUS CHARGES 1 e charged until Lessor is in receipt of a valid insurance certificate as spediied above.See Paragraphs 5 and 6 under Conditions of lease Agreement for $ NA urther information. se I l Security Deposit Li _ _ $ r. _ $ RENEWAL State Tax —We $ Lessee may renew this Agreement for an additional period of month to month,ii Local Tax _ % $ the Lessor's then current rate per month,by giving written notice of renewal w Transportation Tax - % $ -- MODULAIRE INDUSTRIES not less than 30 days before the expiration of the'eir, of this lease. TOTAL $ nnna "ACCEPTANCE This Agreement includes the general terms and conditions on the reverse side hereof and is the entire agreement between the parties.There are no warranties which extend beyond the description contained in this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the dale set opposite their respective signatures. 590101 Lessee: ___1212(.1J. %r'�' r—it Lessor: MODULAIRE INDUSTRIES ,..,..<1,2 L.•Gti/ Signature / /ter`/�- L Signature _ ,t' pi-1,4, t Rodger--R. JOiles Tine f r I� 1' Title f'/tLtY Name / - —Dale frt.-Name ��(,: � ,' Date ///z/./ I- a/ _— —_-_ GENERAL TERMS AND CONDITIONS ,. A gu'q.cent -On termination of thil Lease,the I _ i equipment nt(inctud- required from normal use to the doors,windows light fixtures.heating,vent latiee yr,l si.iil Lie relieued to LESSOR IN THE SAME CONDI.IUN or when delivered and air conmtioning systems.exec,,::that LESSEE SHALL REP': I L 1 ✓ ,u;rid tear excepted LESSEE SHALL REIMBURSC LESSOR FOR ANY LATINO AND AIR CONDITIONING FILTERS AND BURNED O r:1EAr-LING. REKEYING OR REPAIR CHARGES UPON RECEIPT OF INVOICE AND PAY I 013 ANY DAMAGE CAUSED BY I ESSEE tai IA,L BEAR HE Flea. RESPONSIBILITY ITY FOR PROTECTING THE EQUIPMENT AGAINST THE•R SK OF 2. Lessee Possession on Termination-g Lenses retains possession of the leased DAMAGE, !NETT OR DESTRUCTION or THE LEASED EQUIPMENT FROM EVERY equipment beyond the expiration dates without giving proper written notice of renewal, CAUSE,U OF'IDSHLL EQUIPMENT MAKE ALL REPLACEMENTS, EME NTS,EXPENSE REPAIRS OF WHUBS SUBSTITUTION F Lancer shall deeming option s of(i)taking possession the property at any time without STITUTE AN ACCESSION TO THE LEASED EQUIPMENT.IF LESSEE DOES NOT ADE- seiice or ps deeming conditions Agreement renewed tin a month to month tenancy upon the OUATELY REPAIR ANY DAMAGE FOR WHICH LESSEE IS RESPONSIBLE, LESSOR Leine terms and rrent ri ee or this a lease excepting the rent pet shall be charged at the SHALL HAVE THE OPTION TO PERFORM THE MAINTENANCE CR REPAIR AT Lessor's then current rate for each month of the renewal period. LESSEE'S EXPENSE.ANY DAMAGE CAUSED BY NEGLIGENCE OF LESSOR WILL BE REPAIRED AT THE EXPENSE OF THE LESSOR.LESSEE SHALL AT ITS EXPENSE 3 Location of Leased Equipment-The leased equipment shall remain at the delivery PROVIDE ADEQUATE JANITORIAL SERVICE TO KEEP THE LEASE EQUIPMENT IN site until the termination of this lease,at which limo Lessor shall pick up the leased equip- GOOD CONDITION, FAIR WEAR AND TEAR EXCEPTED. IT era THE I EASED EQUIPMENT SHALL.NOT BE MOVED WITHOUT LESSOR'S PRIOR WRITTEN CONSENT. 13. Inspection by Lessor-Lessor may inspect the leased equipment at any reasonable 4 Assignment by Lessor- Lessor may assign this lease, or the sums due and to time (including but not limited to the time Ile leased equipment the pose o- h tiger,,:aloe f.om Lessee and upon written notice thereof Lessee shall recognize such of the Lessee and upon the return of the leased eduipreer r to Lss ) outlier,to snow'v , ',ignmunl.All amounts payable to Lessor or its assignee.shall not be subject to any regulations.of any agency()Mho United'State',and shish have the right In post a y r'" hrdwnum whatsoever or sabred to any defense,setoll,counterclaim, or recoupment of non-respons:hility or any other notice protecting its interest by any reason including any damage to or loss or destruction of the leased equipment, by reason of any interruption front any cause whatever in the use,possession,or opera- 14. Accidents and Claims-Lessee shall v:ithin 24 hours after ry u sualty Iv ri ut g I on of said leased equipment. No assignment shall release Lessor of his obligations to the leased equipment nobly Lessor by t r and nature shinof 48 met thebly Les. ' I poop hereunder.and no assigner of Lessor shall be obligated to perform any of Lessor's writing.Said report shall state the time,place, us ro ihit he I ssor as hereunder Lessen agrees that nothing contained nubtlyasin this assigning and/or ement and any omed, ther informa names andtion addressesrrelating to said ea ntvand r ed persons it1 r nilureorwardvto Lessor Stull hrehig t l Lessg as title and and/ successors fro subtly I 0 .;r n TJeril de,c of its right. amt laciest in and to this Rental Lease Agreement the gland relating earespondence,notices,or the leased equipment orits operation,and shall a d n the irves.gahon i:'opsty. described therein and all monies to become due thereunder. and defense of all such claims and demands Nothing herein shall be deemed to mad ty 5. Insurance-Lessee, al its own expense,will obtain and keep in force for the full the provisions of paragraph 15,in which Lessee hold Lesser harmless and ire:email v., Lessor against all these matters,and Lessor shall ha ao response it ty to lake a y e m of this r Prcoent,including veruge subsequent be pro provided dls,toa policy of priorinsu orance concurrentle lion whatever t in the event of such casualty. t the Lessor Prcof of this coverage must be to Lessor prior la or concurrent to delivery of the leased equipment.The nsurance policy must contain a loss payee ease protecting Lessor against all losses and damages it may sustain tarn or salter because 15. Non-Liability of Lessor and Indemnification Unless eau oi,i Lessor s negt- M the lass or damage to said equipment The policy should Include b not be In-tiled gence or wilful acts or omissipns.Lessor shall not he liable to L csr e ti i any Ims a n age. to fire and extended coverage vandalism malicious mischief intorno e and Lessorn or by expenhe se any y kind ore mature e caused die n my y or r indirran)r o y ly C,'a tit t: hondequip u sru runt c .ofetage when transportation of the equipment is provided by'he I e:se (contact S du Rapresentat✓e for amounts of required coverage) Lc sle agrees to provide corn or repossession thereof,or for the loss of Lessen s business or Id d rg-s whatsc,uar a :m'nensivo general liability coverage including contractual overage ler hob)harmle d om howsoever wsoeloyees er caused us of and troed any anoes d ably indemnify e and hold i us thistnas or as agents bay t, a s e. e ale tee will herein and dy ess with 'espece to 1 l phabitat,' abet t,' h,•r of any kind or nature whatsoever, including legal e purr fed ' lees tu state 1 esaeo wet also phemm"y Lessor wtlh 'aspect to J editfly in accordance with troth the use,location.site selection,condilic n.nr int,acid! et-Hata.. hnoi'rg scr u o�, Iho prayson5 of Paragraph 15. or repossession of the leased equipment. G. Waiver of Comprehensive Physical Damage-If Lessee has instated(and accepted) 16. Default- If Lessee default in the payrne I of any .onto .ri or rent o :n: s cl arise Find pays the additional fee specified therein. then Lessor agrees to release payable shall def Lessee ee.or if L see.Geis st plc o r at re' .,see of all financial liabilities exceedng S1C00.00 per unit of equipment for loss Cr other amounts payableeh r underriby L herein on its sae to is kept r P porru / u' ' ;mot damage as may arise under Paragraph 5,except ten Lability arises when any Lessee or its creditors files for relief under an',' bat Icy or sun law t° e f toeproves oss e Paragraphs 12 y and ru have comp viola I Acceptant of ty waiver doesi g of dada's ar if Lessee shall make any assignment fur the b•. 1 rccdc r t d Lnase L e seas eh rafisihlity for rage orli rig i comprehensive damage neiii ri I.ly cover a e rceiver be appointed to take possession of any oft assets W tissue the i are fl q . n g o✓ tad for 11 hy1 1ass e. for �;ollision U+ aye Mon t:rn parinl,pn of equipment is provided by the 125500. that event by sot may at its to option terminate L SE s',Uhl I0 p AND of I I a Te equipment by giving notice to Lessee-THE LEASED EQUIPMENT T AND ANY FILh T8 7. Delivery Access.:nd Site- I ESSEE SHALL PROVIDE FREE AND CLEAR ACCESS OF LESSEE THEREIN SHALL THEREUPON BE SURRENDERED TO LESSOR A IL FOR LFLIVERY AND RETURN OF LEASED EQUIPMENT BY STANDARD MOBILE LESSOR MAY TAKE POSSESSION THEREOF AND IS HEREBr UTHOR ZE t v t ONI:SPOILT VEHICLES,OTHERWISE.LESSEE SHALL BE RESPONSIBLE FOR ANY LESSEE TO ENTER UPON AMY PREMISES OE LESSEE E WITHOUT O NOTICE T ICE f OE.D ri P COSTS INCURRED BY LESSOR IN DELIVERING AND/OR RETURNING PURPOSE OF TAKING POSSESSION OF THE LEASE D E...UIP NT Lessor steal 1 i lE I TIP.SED EQUIPMENT TO:FROM THE SITE(INCLUDING ADDITIONAL MILEAGE. lain all rents and any other amounts paid o Lessee ItercianeEr F 'on ; L ent di Li se.i I CT VEHICLES ES AND SETCUIRE)TO LESSEE LL BE INS AIL AND OPERA(E ESPONSIBLE THE LEIASED toG or the coverrfromeLesse the aleased equipment to all damage which u small s shrill ray, asta �ed ) a'. I AT U liPERMITSAl11W (RFD LEo r SPORT, III I W a.I(IANe IIIC.:C11 L LESSEN SHALL PROVIDE FIRMTHE TII GRQONDONNO lac breach ofle of covenants term Il i )'iu l itAN P _,IXLATIII SLOPE FROM ONE END TO THE OTItFIO FOR ILITY AL to he re pans-hie or the rental payments pro'. 1 hey in rrhea.to redo.. 7.1 L SAFE INSTALLATION. SITE SELECTION IS THE SOLE RESPONSIBILITY OF term of the Lease and for the payment of arty other a a >ml,,n Y reale d y t t 5 EE. AND I LSSOR ,HALL HAVE NO LIABILITY FOR DETERMINING THE ADE- Lessor may (a) relet the leased equipment or any gag or, $10,1e0",)1 ' era per r _i etIACY OF ANY SITE OR FOR THE SETUP OF THE LEASED EQUIPMENT WHERE such rental amounts as it deems adv same,and atriti deducted ilii osrs and puce 1HL SITE-OR ENVIRONMENT IMPOSE ABNORMAL CONDO IONS. LESSEE SHALL in such retelling,may apply any net proceeds repo v a u e 'rt to amounts a tide 01— HFSPOAglBL p FOR ANY Tit a DOWN BRACING RI QUIREO BY LAW OR CON- by Lessee hereringer or(b)sell deductnt the g its costs and expenses in c nt ection Ih said sale u- sales, apply t1 e et DI DONS proceeds thereof to the amounts payable by Less e n reun e d Lessee sr I pav 8 Services -LESSEE SHALL PROVIDE AT ITS EXPENSE ADEQUATE ELECTRICAL any del ciency as determined by the amount the t el proceeds of olio sere or resit,r,L POWER.WATER AND OTHER UTILITY SERVICES.WISH PROPER CONNECTION TO is less than the amount to be paid by Lessee hereunder Cr Id ca l and terminate THE LEASED EQUIPMENT.LESSEE SHALL 3E RESPONSIBLE FOR THE COSTS OF lease- In addition to any other remedies provided for herein Les ir may recover ern REPAIR OR REPLACEMENT OF ANY LEASED EQUIPMENT DAMAGED THROUGH Lessee the worth at the time of the termination of I e ieasic of Me e cuss of the amount INADEQUATE OR IMPROPER UTILITY SERVICES. of rent and charges equivalent to rent reserved Wei for the rem ode-of the term a' the lease over the then reasonable rental value of the leased equip:.ant for the ter)cc In of the stated term, and Lessor shall have all other re n e dies in at mvor existing in Ia:v 9. Delivery by Lessor-Lesser shalt not be liable to Lessee for any failure or delay equity.or bankruptcy,and the remedies herein shall he deemed in he dead Ina and tri obtarnuk,the.used r quipmeAT or making delivery thereof. By taking delivery Ihenrot not exclusive. II GEE eKNOWLEDGES THAT THE LEASED EQUIPMENT IS IN GOOD OPERATING uHDE Ti,HE PAIR,WORKING CONDO ION ANI)IS FIT FOIL THE PURPOSE FOR WHICH 17 Collection and Attorney's Fees and Costs- In the evom 1 .s^,c shall ti.4 it IT IS LEASED. hereunder,Lessor shall be entitled to recover Iron Lessee.in addition to all other items of damages,all of the costs and expenses(including without lenitat,on collection agency VIDEO Taxes,Fees EIanN Expenses- IN SHALL ADD I1 ALL THE RENTAL PAYMENTS PROD fees and costs,attorney's fees and costs, and court costs)incuord in connectinr w:m S INCURRED HEREIN, IN CON EIO PA? T COSTS,S, EXPENSES,QMET FEES LNG enforcing its rights and remedies hereunder,plus merest thereon until pad at the max- THAREREI IN CONNECTION WITHOUT WITH THE ( N TOD EQUIPMENT VICING imum rate allowed by law. TI IE TERM HEREOF,INCLUDING LIMITATION TOLLS,FINES,SERVICING COSTS,SALES TAXES,USE TAXES,PERSONAL OR REAL PROPERTY TAXES.AND 18. Miscellaneous-Time is of the essence regarding Ibis Lease This Lease spell be OTHER AD VALOREM TAXES, LICENSING AND REGISTRATION FEES AND ALL ASSESSMENTS AND OTHER GOVERNMENTAL CHARGES WHATSOEVER AND BY construed no ember lint rpreted and r th each shall fhe siate constitute duplicate original The pares WHOMSOEVER PAYABLE ON THE LEASED EQUIPMENT OR ON THE USE,OWNER- Y SHIP, POSSESSION, RENTAL, SHIPMENT, TRANSPORTATION, DELIVERY OR agree to execute,or if required. acknowledge such farther counterparts he,eu or any OluERATiOr I THEREOF HOWEVER,LESSOR SHALL PAY FEDERAL AND STATE IN- other documents t m is as may beich necessary recd ply nith ttlthe o he provisions i ionse of any s spy lirahu COME TARES ON OR MEASURED BY THE:RENT PAYABLE HEREUNDER OR THE in any public office f rcof the United requires the h or any sloe or poLof t subdivision,cr a a d Lessee NET INCOME THEREFROM.LESSEE SHALL REIMBURSE LESSOR UPON DEMAND FOR THE FULL AMOUNT OF ANY COSTS, EXPENSES, TAXES, FEES OR OTHER agrees to pay the fees or charges imposed by law liar any such mandatory riling or re- CHARGES PAID BY LESSOR WHICH CONSTITUTE AN OBLIGATION OF LESSEE cordlevieing d or assessed on this Lease.The relatio as well as the amount of any nship between ps or ries hereto is that of Less r HEREUNDER and Lessee and Lessee's only interest herein is as a Lessee.THE LEASED EQUIPMENT 11. Lawful Use,Assignment,and Subletting—Lessee shall use or permit the use of SHALL REMAIN PERSONAL PROPERTY REGARDLESS OF ITS USE OR MANNER OF ATTACHMENT TO REAL PROPERTY,This agreement may be amended or modified the leased equipment only for lawful purposes and shall keep it at the location provided only in a writing signed by the party against whom the amendment or modification is hereinabove daring the term of this lea leased equipment shall be at all times to be enforced. used and operated in compliance with all tans laws of any jurisdiction in which it is located. If any pe:rrn,ls are required ler use or placement of the leased equipment.Lessee shall h:,vm(lie responsibility of obtaining the proper permits and providing a copy of such In 19. Notices-All notices required under the terms and provisions of the tease shall Lessui.Lessee shall not assign,transf2 r,Soh let,or in any way assign its rights heeunder, be in wn trig and such notices shall become el led ve when depnsraid in lire United states and shall not pledge,permit to be honed,mortgage,hypothecate,or otherwise encumber mail,with proper postage prepaid,addressed to the parties at such respective addresses appearing herein.or at such other addresses eithe party may from time to tine notify or charge its rights or interests hereunder. the other in writing. 12. Maintenance,Damage and Destruction-Except as specifically otherwise provided in this paragraph,LESSEE SHALL AT LESSEE'S OWN EXPENSE AT ALL TIMES KEEP 20. Information for User of Leased Equipment-Lessee agrees to provide users of THE EQUIPMENT IN GOOD AND EFFICIENT WORKING N AND the onary REPAIR AND SHALL KEEP AND MAINTAIN THEREON SUCH EDENT IDENTIFICATION OF as leased p with Lessor ay provide to Lessee)anecessary for cthe lsafe oaperation and occupancy oh OWNERSHIP AS LESSOR MAY REQUIRE.Lessor will maintain and make any repairs the leased equipment. '530101 RENTAL/LEASE /UirODUL/URE® CONTRACT NO. 310562 AGREEMENT CUST. NO. O NEW A Waste Management Company CUST. P. 0. NO. PARTIES [ Lessee: Weld County Human Resources Billing Authority verbal Billing Address 1551 N. 17th Ave. Zip 80631 (Area Code) City Greeley state COTelephone _(303) 353-3816 Lessor: Modulaire Industries 2400 W. Union Ave. , P.O. Box 1238 City Englewood State CO zip 80150 (Area Code)-Telephone (303) 797-1600 PROPERTY MODULAIRE INDUSTRIES hereby leases to Lessee the following property upon the terms written below. Type of Property Year Size Stock No. Serial No. •1, Modular Classroom 1989 24X60 NA NA 2. e INFORMATION Lead Source(Code)_ Salesperson I I Rodger Jones Market Info.(S.I.C.) 0820 Order Placed By Jeannie Tacker Office Address 1551 N. 17th Ave.City Greeley State CO Zip80631 (Area Code)Tetephone _C303) 353-3816 Tax Exemption No. Proposed Delivery Date - DeliveryAddressl I ..055 Birch St. , Gilcrest, CO _ Delivery Instructions /RECURRING CHARGES INITIAL PAYMENT DUE ON EXECUTION OF LEASE (INCLUDES APPLICABLE TAXES) Each and every month,Lessee shall pay to MODULAIRE INDUSTRIES,monthly in advance,the total charges shown below at MODULAIRE'S remittance address 742.00 as shown on the invoice. Recurring Charges $ Sixty (60) n hs. Additional Charges at Inception $ 9570.00 Guarantee_Lease Terre 1989 February Inn g From To Miscellaneous Charges $ ❑ '1. Rental Rate Per mo. (sal: attached$exp) 742.00 TOTAL $10,312.00 ❑ '2. Per $ C •3. Per $ ❑ Approx. Property/ License Fee Pei $ ,ADDITIONAL CHARGES AT TERMINATION ❑ $ C $ O Return Freight to be Modulaire's then current rate' State Tax % $ NA O Dismantle • then current rate $ Local Tax W $ NA O Cleaning Fee $ Transportation Tax 4 $ C Unreturned Keys Charge per door) $ • nil applicable, sales price after Sub Total $ f 7 Comp. Waiver for Phys. Damage per $ • ILO monthly lease pymt: $29-,T5(1 TOTAL RECURRING CHARGES $ 742.00 'Plus applicable taxes S. / S. ' ,ADDITIONAL CHARGES AT INCEPTION 1 INSURANCE 51500 Lessee,at its expense.will obtain and keep in force fire and extended coverage, . ❑ Delivery(up to miles) $ vandalism and malicious mischief insurance covering all equipment in the amount ❑ Installation $ 2438.00 of$ 48.000.00 , with a loss payable clause protecting Lessor as its ., $ inC1. interests may appear. N copy of the insurance certificate must be provided to ❑ Skirting(Type: WOOd Lessor prior to or concurrent with delivery of the leased equipment. Lessee will C Anchors(N 4 Type: augur ) ... $ incl. indemnity Lessor with respect to all liability in accordance with the provisions of ❑uti 1 i ty RVC (see attached expl 4750.00 Paragraphs 5 and 15 on the reverse side hereof. ❑hanrlicann np & stairs $—1867.00 State Tax % $ COMPREHENSIVE WAIVER FOR PHYSICAL DAMAGE Local Tax Wa - $ In lieu of providing Lessor with a certificate of insurance covering loss or phys- I Transportation Tax _ eye $ ical damage to the leased equipment, Lessee may accept the Comprehensive TOTAL $ 9570.00 Waiver for Physical Damage by initialing', the "accepts.' block. Lessee or it's ‘iiJ agent accepts pt ��^I declines to pay an additional fee of $ 55.00 per mo until termination of lease.This fee will /MISCELLANEOUS CHARGES— \ be charged until Lessor is in receipt of a valid Insurance certificate as sped- fled above.See Paragraphs 5 and 6 under Conditions of Lease Agreement for ❑ Security Deposit $ NA further information. ❑ $ ❑ $ RENEWAL State Tax % $ Lessee may renew this Agreement for an additional period of month to month at Local Tax % $ the Lessor's then current rate per month,by giving written notice of renewal to Transportation Tax ePo $ MODULAIRE INDUSTRIES not less than 30 days before the expiration of the tern of this lease. TOTAL $ none es ACCEPTANCE This Agreement includes the general terms and conditions on the reverse side hereof and is the entire agreement between the parties.There are^"warranties which extend beyond the description contained in this Agreement. 9 IN WITNESS WHEREOF,the parties have executed this Agreement on the date set opposite their respective signatures. fl0 !t1 Lessee: fl ?'5/ Lessor: MODULAIRE INDUSTRIES j Signature f ' / Signature /l-✓ >••� ..--21-c Name l I Irk / Title CAAiOr)"A11 Name •RndaPr Jona' Title , Date / — a2.4 - 8e) Date //77): - ‘... ✓• Ilf,ll,1\IAI GENERAL TERMS AND CONDITIONS + fo. tom of Eq.dement O „''mination of this Lease.the le d equipment Enctud required from normal use to the ,doors,windows,light fixtures t at ng ven a -me 4 I` ••>Sf sl.+II hr o:uu'+ed In LESSOR IN THE SAME CONDITION as when delivered and a'condtt.onine systems,except that LESSEE SHALL REPLACE Terre TIT, G \n•.-.TI lee la:n.md tear :erupted LESSEE SHALL REIMBURSE I FSSOR FOR AN'•' EATING AND AIR CONDITIONING FILTERS AND BUR'TED OJ'LA EQUIREC, LAMING, REKEYING OR REPAIR CHARGES UPON RECE IP T OF INVOICE. AND PAY roR ANY DAMAGE CAUSED BY LESSEE LESSEE SHALL BEAR THE FULL. RESPONSIBILITY FOR PROTECTING THE EQUIPMENT AGAINST THE RISK OF 2. Lessee Possession on Termination-It Lessee retains possession of the leased DAMAGE.THEFT OR DESTRUCTION OF THE LEASED EOUIPME NT FROM EVER"' equipment beyond the expiration dates without giving proper written notice of renewal. CAUSE,AND SHALL MAKE ALL REPLACEMENTS,REPAIRS OR SUBSTITUTION CF Lessor shall have the option of(i)taking possession of the property at any time without PARTS OF EQUIPMENT THEREON AT ITS EXPENSE. ALL OF WHICH SHALL COO notice or(ii)deeming this Agreement renewed as a month to month tenancy upon the STITUTE AN ACCESSION TO THE LEASED EQUIPMENT IF LESSEE DOES NOT ADE. same terms and conditions of this lease excepting rent which shall be charged at the OUATELY REPAIR ANY DAMAGE FOR WHICH LESSEE IS RESPONSIBLE,LESSOR I ass(); s then current rate/or each month of the renewal period. SHALL HAVE THE OPTION TO PERFORM THE MAINTENANCE OR REPAIR AT LESSEE'S EXPENSE.ANY DAMAGE CAUSED BY NEGLIGENCE OF LESSOR WILL 3. Location of Leased Equipment-The leased equipment shall remain at the delivery BE REPAIRED AT THE EXPENSE OF THE LESSOR.LESSEE SHALL AT ITS EXPENSE PROVIDE ADEQUATE JANITORIAL SERVICE TO KEEP THE LEASE EQU'PMENT IN site until the termination of this lease,at which time Lessor shall pick up the leased equip- GOOD CONDITION. FAIR WEAR AND TEAR EXCEPTED mein THE LEASED EQUIPMENT SHALL NOT BE MOVED WITHOUT LESSOR'S PRIOR WRITTEN CONSENT. 13. Inspection by Lessor-Lessor may inspect the leased equipment al any reasonable 4. Assignment by Lessor- Lessor may assign this lease, or the sums due and to time(including. but not limited to, the time the leased equipment is .n the possession Le ire, ,rue tram Lessee and upon written notice thereof Lessee shall recognize such of the Lessee and upon the return of the leased equipment to Lessor) suh,ect to r r curry '.;nom it. All amount,. Y"ble toLessor or , 's a its assignee, not be subject to any regulations of any agency of the United States.and shall have the ngli to post any or'c pof non responsibility or any other notice protecting as merest ii, trued v/1'.eft enter or siibicel te any defense, setoff. counter Learn, or recoupment le,arty re,5on including any damage to or loss or destruction of the leased equipment, T.by mason of any interruption from any cause w aatever in the use,possession,or opera- 14. Accidents and Claims- Lessee shall within 24 hours after any casualty irvelvrg I on of said leased equipment_No assignment shall release Lessor of his obligations to the leased equipment notify Lessor by telephone,and within 48 nears natter Lessor in t essee hereunder and no assignee of Lessor shall be obligated to perform any of Lessor's writing Said report shall state the time,place,and nature of the event,the damage sus dotes or covenants hereunder.Lessee agrees that nothing contained in this agreement tinned.the names and addresses of persons involved, persons injured and w•tnesues hall prohibit the t.essor, its assigns and/or successors firm sell rig assigning and/or and any other information relating to said event ano it ,hall prom pt'y forward to Les:or an'Ii-(ring al of its right title and mlitres(in and to this Rental-Lease Agreement the all correspondence,notices.or documents received in cennecti n r.ih any clam cc me nand relating to the leased equipment or its operation,and shall aid in the investigation hroparty described therein and rid monies to become due hereunder. and defense of all such claims and demands.Nothing herein shall be deemed to moe4y 5. Insurance-Lessee, at its own expense,will obtain and keep in force for the full the provisions of paragraph 15,in which Lessee hole,Lesser harmless Ind in ore'es Lessor against all these matters,and Lessor shall hue ro respons arty to take n;a- Ia hr of this Agreement Proof .ie bong subsequent roust be rpr provided dls toa policy of priorinsu to orce acceptable lion whatever in the event of such casually. m the I,asor. Proof of this cover.ge must to Lessor prior to or concurrent rah delivery of the leased equipment.The Insurance policy must contain a loss payee r i Luse reelecting Lessor against rill losses and damages it may sustain or softer because 15. Non-Liability of Lessor and Indemnification Unless cause":by Lessors regl, .I thee loss or damage to said eq.+rliment.The policy should include. but not be limiter' gence or willful acts or omissions.Lessor shall not be I.able to Lessee e r any less Jan age. I hie rr'rd extended Coverage 'ridelism, malicious mischief insurance and collisin 1 or expense of any kind or nature caused directly or iiidirhxtly by the is 1 equip-nom o o,qe when trams-iodation of It ,rgmprrenl is provided by the twee (contact I ecsor'", by the use,roc itloil site selection Bend liar,in i intenancc e;:r 1t en handling etc ' Radio'Wit ative for ansainti,cf required coverage) Le ssr.e agrees to pray rye corn or repossession thereof,or lo:the loss of le sex s biisinisss or to r Jos v 1 I ehen',,se goneral liability coverage including contractual coverage for hold harmless or howsoever caused. Lessee does hereby indemnify and hold Le sii0r, its agents d r,r ryeenients contained herein and eertihcafe5 of insurance to be provided hereunder should employees harmless of and from any and all losses Carriages,cisme. le reams or 1...D a, ,,stale I essee will also indemnity Lessor with respect to all liability in accordance wit', of any kind or nature whatsoever, including ing legal e purses and Califlea. Tees , the provisions of Paragraph 15 from the use location.site selection,condition.',saint:1 mce.oporal Tr, handling be'+y' or repossession of the leased equipment- G. Waiver of Comprehensive Physical Damage-If Lessee has initiated(and accepted) tics rte,rse and pays the additional fee specified therein, then Lessor agrees to release 16. Default-If Lessee shall default in the paymr t CI ai'iy :Islam,ritnt or rent or m: 1' 'see 0' all financ,al liabilities exceeding 511)00.00 per unit of equipment for loss ce other amounts payable hereunder by Lessee of if L essee Is Is to to^ply v.itit any nes- 1 smal damage as may arise under Paragraph 5,except when Lability arises when any of Ire terms,covenants, or conditions herein on to part to Le k or per toe f a it::[envision,'of Paragraphs 1P and 15 have peen violated Acceptance of waiver does Lessee or its creditors files for relief under any bit k apicy e s n n'v fu he r'.+ hi reruprer I essee s reset+sblity far providing comprehensive general Labd.ty coverage of debtors, or if lessee shall make any assignment fur the boort i nf,iredbors in Nn via vrr ir, provided for flood damage or for collision damage when transportation of receiver be appointed to lake possession of any of e assess el I aerate th t nee n the egmprnenl is provided by Ire Lessee that event Lessor may at its option terminate Lessees right to pos..,sssion of the Ir as, equipment by giving notice to Lessee.THE LEASED EQUIPMENT AND ANY RIGHTS 7. Delivery Access and Site- LESSEE SHALL PROVIDE FREE AND CLEAR ACCESS OF LESSEE THEREIN SHALL THEREUPON BE SURREN.DEFTED TO LESSOR AN J I re-, ,I LIVERY AND Ft( TURN CI LEASED EQUIPMENT BY STANDARD MOBILE LESSOR MAY TAKE POSSESSION THEREOF A14C IS HEREB: AUTHORIZED Es il'AI I'd'NH I VEHICLES,OTHERWISE-I ESSEE SHALT RE RF SPONSIBLE FOR ANY LESSEE TO ENTER UPON ANY PREMISES OF LESSEE WITIOL NOTICE I 1 7 r'_ ',1DtI IONALCOSTS INCURRED BY LESSOR IN DELIVERING AND/OR RETURNING PURPOSE OEIAKING POSSESSION 01 THE LE SI )FOLLIPME ti I Lessor h TI le t EASED EQUIPMENT TO/IRROM THE SITE(INCLUDING ADDITIONAL MILEAGE, lain all rents and any other amounts paid by Lessee h r ur e, F e sissio+o Li se PILE T VEHICLES AND SET'UPI LESSEE SHALL BE RESPONSIBLE FOR OBTAINING or the surrender of the leased equipment to t essoc shall rat ft the ngei p le ss r ANY PERMITS REQUIRED TO TRANSPORT. INSTALL AND OPERATE THE LEASED to recover from Lessee any and revenants terms es me o damages which Lessor shah hay ststa tech s, r I lkiler.1E Tel AT II IF SITE LESSEE SHALL PROVIDE FIRM LEVEL GROUND ON NO of the breach of any of thy; ',10111 (H1'I A 'ale INCHSLOPE FROM ONE END TO THE OTHER FOR NORMAL to be responsible 'or the rental payments preside t I, r h 'it tor -wit si i tri' its 5/d c INLi IALLAI Intl. SI ll. 51 SECTION IS 1HE SOLE_ RESPONSILII ITV OF t'i in of he Lease urod for the the payment ofa tyo other ,in,a o s�r1 o sl byh -.. i Sot{_. AND t I e,SOf :HAI L HAVE NO LIABILITY RAT DE TERM'NIf G THE ALE- Lessor may (a)r' ` s I,LIACY OI ANY SITE Oil FOR IHi_SETUP OF THE LEASED EQUIPMENT WHERE such rental amounts as it deems advisable,and l e• e duct u t ells.c11 f HE SITE OR ENVIRONMENT IMPOSE ABNORMAL CONDITIONS. LESSEE SHALL in such retelling,may apply any net proceeds rece ea teeretrem to he amounts pry 3;'e DE RI aPON$IBLE FOR ANY HE DO'.NM BRACING RFiQl11HED BY LAW OR COO- hy Lessee hereunder.or(b)sell deducting is costs and expenses e l n in connection w rth said sale sales. apply t yet DIT IOIJS. proceeds thereof to the amounts payable by Lessee hereunder 'd Lessee seal, 1'n' 8. Services- LESSEE SHALL PROVIDE AT ITS EXPENSE ADEQUATE ELECTRICAL any deficiency as determined by the amount the bet peoccieds o sd sale or re t t el POWER,WATER AND OTHER UTILITY SERVICES,WITH PROPER CONNECTION TO is less than the amount o be paid by Lessee hereunder,r or IL)can, and to 1 1 +e I'IE I EASED EQUIPMENT.LESSEE SHALL BE RESPONSIBI E FOR THE COSTS OF lease. In addition to any other remedies pros,ded lor heron Les or may recove r sicm le PAM OH REPLACEMENT 01- ANY LEASED EQUIPMENT DAMAGED THROUGH Lessee the worth at the time of the terminatroa of He lease of the s it use of tne mi'o nt If.ADEOIJATE OH IMPROPER UTILITY SERVICES. of rent and charges equivalent to rent reserved hr ion fir the rem rider, of tie le 71 rf the lease over the then reasonable rental s aloe of the leased equip-Lint for the rerna nder of the stated term,and Lessor shall have all other remeeif s in ili awry existing n Ian. 9. Delivery by Lessor-Lessor shall not be liable toLessee for any failure or delay equity.or bankruptcy. and the remedies herein shall tie deemed' •.n be cumuieti,r and in oblamiog the leased equipment or making delivery Ihereof.By taking delivery thereof not exclusive. LF SSED ACKNOWI EDGES THAT THE LEASED EQUIPMENT IS IN GOOD OPERATING ORDT it RFI'AIR,WORKING CONDITION AND IS FIT FOR THE PURPOSE FOR WHICH 17. Collection and Attorney's Fees and Costs- In the eye rit Lessen shall default II IS LEASED - hereunder,Lessor shall be entitled to recover Iron Lessee.in addition to all ether.terns of damages.all of the costs and expenses(including without limitation collection agency 10VI Taxes,Fees HEREIN, Expenses LESSEE - IN SHALL ADDITION ALL THE RENTAL PAYMENTS PRO- lees and costs, attorney's lees and costs.and court costs) incurred in connection wan CI AR FOR C R RE ICON IO PW I T COSTS,S, DE EQUIPMENT T FEES ING enforcing its rights and remedies hereunder,plus'tares:there)a until pad al the max- TUETERM INCURRED C CONNECTION WITH WITH THE ON TOO EQUIPMENT VICING imam rate allowed by law. THE TERM HEREOF,INCLUDING WITHOU`LIMITATION TOLLS,FINES,SERVICING COSTS,SALES TAXES,USE TAXES,PERSONAL OR REAL PROPERTY TAXES.AND 18. Miscellaneous-Time is of the essence regarding Mrs Lease shalt be OTHER AD VALOREM TAXES, LICENSING AND REGISTRATION FEES AND ALL the ASSESSMENTS AND OTHER GOVERNMENTAL CHARGES WHATSOEVER AND BY construed any number interpreted on counterparts under the state u oaf California,leta original The signed ed WHOMSOEVER PAYABLE ON THE LEASED EQUIPMENT OR ON THE USE.OWNER- SH'P, POSSESSION, RENTAL SHIPMENT. TRANSPORTATION. DELIVERY OR agree to execute,or if required, acknowledge such further counterparts hereof or any OPERATION THEREOF HOWEVER.LESSOR SHALL PAY FEDERAL AND STATE IN- other l documents ny inasmay which e necessar sary to comply ry with filing o previsions ions 01 a copy any si'hereof COME TAXES ON OR MEASURED BY THE RENT PAYABLE HEREUNDER OR THE law in any public office forceo the United requires the or any slate oror l ling nth subdivision seof .and ,lessee NET INCOME THEREFROM.LESSEE SHALL REIMBURSE LESSOR UPON DEMAND FOR THE FULL AMOUNT OF ANY COSTS, EXPENSES. TAXES, FEES OR OTHER agrees to pay the fees or charges imposed by law for any such mandatory filing ortale re. CI REUNS PAID BY LESSOR WHICH CO VSTITUTE AN OBLIGATION OF LESSEE cording or assessed on this Lease.The relationship between parties hereto;s that el Le leve Lessor HEREUNDER. and Lessee and Lessee's only interest herein is as a Lessee.THE LEASED EQUIPMENT 11. Lawful Use,Assignment,and Subletting—Lessee shall use or permit the use of SHALL REMAIN PERSONAL PROPERTY REGARDLESS OF ITS USE OR MANNER OF ATTACHMENT TO REAL PROPERTY.This agreement may be amended or modi•ied the leased equipment only for lawful p ase.'Ts and shall keep it at the location provided berws only in a writing signed by the party against whom the amendment or modification is usedabove during the term of this lease.The leased equipment shall be at elf times to be enforced used and operated in compliance with all laws of any jurisdiction in which It is located. It any permits are required for use or placement ol the leased equipment,Lessee shall have the responsibility of obtaining the proper permits and providing a copy ol such to 19. Notices-All notices required under the terms and provisions of the Lease shall Lessor Lessee shoe not assign,Transfer, mortg or i o any way hecate,,i or+its otherrwils sehereunder, be in writing and such encu encumber mail,with proper postage iprepaids ,l become addressed toctive the partin esd al such respective add ed in the United rases r hang not rights permit sse eu mengage,hypothecate, appearing herein,or al such other addresses either party may from time to time notify or charge its rights or interests hereunder. the other in writing. 12. Maintenance,Damage and Destructloo-Except as specifically otherwise provided in this paragraph,LESSEE SHALL AT LESSEE'S OWN EXPENSE AT ALL TIMES KEEP 20. Information for User of Leased Equipment--Lessee agrees to provide users of THE EQUIPMENT IN GOOD AND EFFICIENT WORKING ORDER. CONDITION AND the leased equipment with all instructional and precautionary information.(including such REPAIR AND SHALL KEEP AND MAINTAIN THEREON SUCH IDENTIFICATION OF as Lessor may provide to Lessee). necessary for the safe operation and occupan:y of OWNERSHIP AS LESSOR MAY REQUIRE.Lessor will maintain and make any repairs the leased equipment. 3:-0101 PROPOSALS FOR TWO MODULAR CLASSROOMS FOR HEADSTART 60 MONTH LEASE Modulaire (1) 28 X 60 (1) 24 X 60 $1,610.00/month American (2) 24 X 60 $1,755.00/month Satellite (2) 24 X 60 $1,933.02/month Space Masters, (2) 24 X 60 $1,658.00/month Scottsman No Bid 890101 Hello