HomeMy WebLinkAbout740470.tiff RESOLUTION
WHEREAS, heretofore the Board of County Commissioners, Weld
County, Colorado, by Resolution, did lease purchase from the Macdonald
Equipment Company, Commerce City, Colorado, for the use of Weld County,
Colorado, the following equipment, to-wit:
1 - Champion Motorgrader with GMC-471 diesel engine,
Model 560 HD
1 - Champion Motorgrader with GMC-471 diesel engine,
Model 560 HD
1 - Champion Motorgrader with GMC-471 diesel engine,
Model 560 HD
as per vehicle lease purchase agreements Nos. C-101, C-102, and C-103,
respectively, including all attachments and maintenance supplements thereto,
said lease purchase agreements attached thereto and made a part thereof by
reference, for a total lease purchase price for each vehicle in accordance
with contracts as were submitted, and
WHEREAS, now Macdonald Equipment Company has submitted an
amendment dated December 23, 1974, to the aforesaid lease purchase agree-
ment with certain changes all as contained in copy attached hereto and made
a part hereof by reference, and
WHEREAS, the Board has determined that it would be in the best
interests of the County to accept the aforesaid amendment to the original
lease purchase agreement, all in accordance with its terms and conditions.
NOW, THEREFORE, BE IT RESOLVED, that the County of Weld,
State of Colorado, agrees to accept the amendment dated December 23, 1974,
of the original lease purchase contract in accordance with all of its terms
and conditions as per copy attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED, that the Board, be, and it hereby is
authorized to execute said amendment as submitted.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 31st day of December
A.D. , 1974 .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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ATTEST: %)-72:;,‘
Weld County Clerk and Recorder I� /� '
and-Clerk to the Bo r
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Alcrcelonalct &guipment Company
P. O. Box B • Ph. 287-7401 • 7333 Highway 85 • Commerce City, Colorado 80022
RENTAL 'AGREEMENT'-
Customer Weld County Contract Number C-101-102-103
Mailing Address 1500 — 2nd Street Credit Approval AND
City Greeley State Colorado 80631 Sales Approval A10
THIS MEMORANDUM OF AGREEMENT, Made this 23rd day of December , A. D., 191
by and between s. achnald equipment Company., a Colorado corporation, hereinafter designated as "Owner,"
at 7333 Highway r 85, Commerce City, Colorado 80022
and the undersigned, Weld County , hereinafter designated as "Lessee";
WITNESSETH :
That in consideration of the covenants and agreements of the Lessee hereinafter set forth and of the sum paid
as consideration hereinafter mentioned and now paid to the Owner by the Lessee, the receipt whereof is hereby
acknowledged, the said Owner does hereby lease unto said Lessee the following personal property, to be used in
Weld County, State of Colorado , to-wit:
3 - Champion Model 560 HD Motorgraders with 12c-471 diesel engines, BOPS Cab,
heater, defroster, windshield wipers, headlights, turn signals, scarifier,
power brakes, power tilt blade, 141 mouldboard and 9138 power range shift
transmission
Unit # C-1o1, S/N 6794, Eng. # 4A-191856
Unit C-102, WE 7069, Eng. # 44-195573
Unit # C-103, S/N 7074, Eng. # 4A.e195566
For a guaranteed rental of 3 years. Starting January 1, 1975 for
a rental of - $36,000.00 for balanse Year 1975
$37,000.00 for balance Year 1976
$37,000.00 for balance Year 1977
Each payment due let half of January in each year.
It is expressly agreed and understood between the Owner and Lessee that all terms and conditions set forth on
the reverse side of the Agreement form a part of, and are hereby made a part of, this contract.
The full agreement between the Owner and Lessee is contained herein, and time is made the essence of this
IN WITNESS WHEREOF the Lessor and Lessee have hereunto set their hands this 23rd day of December,
1974 ✓Yl 77,//
acional yuipment company
Lessee Wld County // / (owner)
By1(Mid
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FORM 526 Bill Reich Printing-2444161—Denver
Transportation charges to be paid both ways by Lessee.
Said rent is to begin on the day the said property is delivered to Lessee and is to end on the day that said property us
returned by Lessee to Owner, at 7333 Highway 85, Commerce City► Colorado 80022
Said property is hereby leased for a term of 3 years and if Lessee retains said
_property after the expiration of said term, such retention shall be construed as a continuance of this lease, at the same rental,
and under the same terms, until said property is so returned to owner, at the place above specified. At any time after the
expiration of said original term, upon THREE (3) days' written notice to be given by*Owner to Lessee, Lessee agrees to
return said property to Owner, at said place.
36
Payment of$ 000 00
a is now made as part consideration for this Agreement, which shall, in the event of
the full and faithful performance of all the covenants and agreements in this agreement by the Lessee to be performed, be
years
credited in the payment of the First 'W ' rental of said term, otherwise said payment this day made shall
belong to the Owner as apart of-the consideration for the execution of this Agreement.
The Lessee covenants and agrees to pay the Owner as rental for said personal property above described the sum of
37.000.00
$ per i--'-t payable in advance on the 1st day of each and every dot of the term hereof,
said rental to be paid at the office of Owner.
Said rental shall be paid, except as herein otherwise provided, whether or not the personal property hereinabove des-
cribed shall be used or operated by the Lessee. All overdue payments shall bear interest at the rate of 18% per annum.
The Lessee agrees to maintain said personal property in the same condition as when received, and in this respect the
Lessee acknowledges that it has received all of the above-described personal property in good order and repair and agrees to
maintain said property at Lessee's expense in said good order and repair. It is expressly understood and agreed that the Owner
shall not be liable for damages of any kind or nature whatsoever, whether to person and/or property, and/or for loss of time,
and/or any other loss arising from the use of, or in any way connected with, the said property herein leased, or any part thereof.
Lessee agrees to hold the Owner free from any and all damages and to reimburse and pay to the Owner, on return of said
property to Owner; for all charges incidental to all breakages, shortages, or damage, other than ordinary wear, to said property.
The Lessee agrees to pay all taxes that may be assessed upon the personal property herein described or the use thereof,
and/or upon this agreement, or the payments to be made thereon. Lessee agrees to carry insurance policy insuring for the
benefit of Owner and indemnifying, as provided in said policy, against loss from claims for damages for accidental bodily in-
juries, and/or death resulting from use of said personal property, including, in addition to other matters, any liability to em-
ployees or under any Workmen's Compensation Law.
the Lessee hereby assumes all risks of fire.or other casualty, and agrees to indemnify Owner for all damage or loss to—
said property from fire or other casualty.
In the event that'Lessee fails to perform anything herein required and/or fails to pay any sum when the same shall be
due, and/or if an attachment is levied against said property, and/or attempted, by a creditor of Lessee, the Owner may, at •its
option, and without notice, enter the premises in which said perrsonal property, or any part thereof, is located, and without
hindrance, directly or indirectly on the part of the Lessee, take possession of said property, and the Lessee hereby agrees to pay
all expenses, including a reasonable attorney's fee, that may be incurred by Owner in enforcing this Agreement, and/or in
collecting the rent provided herein, and/or in repossessing said property. Should the Lessee be subjected to_a bankruptcy,
insolvency, or receivership proceedings, whether voluntary or involuntary, or if the Lessee makes an assignment for the benefit
of creditors, or if a receiver is appointed to take possession of the business of the Lessee, then,all rights of the Lessee to the
use or possession of said personal property herein described shall automatically terminate, and the Owner shall be entitled to
immediate possession; and the Owner,further shall be entitled to retain as part payment for any liquidated damages which may
be claimed and/or suffered by it, the monies held as the last month's rent, and any part of said Lessee or its legal representa-
tives to make claim therefor shall automatically cease. — -Time is of the essence of this Agreement With respect to paymeni-of rentals,provided for herein. No waiver hereto of
the non-performance of any term, condition, o' obligation hereof shall be a waiver,of any subsequent breach of or failure to
perform the same or any other term, condition, or obligation hereof. '
If the Owner shall institute suit or action for the enforcement of any of the obligations of..the Lessee hereunder, includ-
ing the payment of damages or for the recovery of the personal property herein described, Lessee agrees to pay, in addition to
all amounts found due from such Lessee to the Owner, reasonable attorney's fees incurred by the Owner, and any such venue
or action shall be within the County of Adams, State of Colorado.ln this connection it is expressly agreed and understood that the
place of performance and payment of this contract shall be within the County of Adams and State of Colorado.
Lessee agrees to keep said property, during the full term of this Rental Agreement, in Lessee's custody and at the
place and county specified herein and shall not remove and/or sublease or rerent the same without the Owner's consent in
writing first being obtained.
All the terms and conditions hereof shall be binding and inure to the benefit of the successors, assigns, and legal repre-
sentatives of the respective parties, but the interest of the Lessee herein shall be transferable only with the written consent of
the Owner.
Lessee further agrees to use said property for only one shift of eight (8) hours per day of twenty-four 124) hours.
If Lessee desires to use said property for more than eight (8) hours in any one twenty-four (24) hour day, then such addi-
tional time is to be paid for by Lessee on a pro-rata basis at the same rate as herein provided.
The Lessee shall obtain and maintain, at Lessee's expense, all necessary licenses from public authorities, and from the
owner of the premises upon which said personal property is used and from all others whose consent is necessary for continued
use and maintenance of said personal property. In the event any license or licenses be cancelled or the use of said personal
property be prohibited for any reason whatsoever, the obligation of the Lessee for the payments provided herein shall never-
, theless continue and remain in full force and effect.
This lease covers all of the agreements between the parties hereto and Owner will not be responsible for any under-
taking given orally or otherwise which is not specified in this lease. The specifications, annexed hereto, have been approved
by the Lessee.
Lessee shall provide any necessary reinforcements for supporting and for protecting the personal property herein des-
cribed, at Lessee's expense.
This lease is made by the Owner upon the condition that the performance by the Owner shall be subject to delay by
strikes, breakages, fires, unforseen commercial delays or acts of God.
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