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Home My WebLink About720571.tiff 16 y RESOLUTION WHEREAS, it is the desire of the Board of County Commissioners, Weld County, Colorado, to lease from The Greeley National Bank, Greeley, Colorado, for the use of the Weld County Sheriff's Department, the following automobiles, to-wit: 1 - 1972 Dodge Polara 4-door sedan, Serial No. DK41M2D292966 1 - 1972 Dodge Polara 4-door sedan, Serial No. DK41M2D292967 1 - 1972 Dodge Polara 4-door sedan, Serial No. DK41V2D313092 as per motor vehicle lease agreements and amendment thereto attached and made a part hereof by reference, for a total lease purchase price of Three Thousand Dollars ($3, 000. 00) per year for each unit. NOW, THEREFORE, BE IT RESOLVED, that the County of Weld, State of Colorado, agrees to lease from The Greeley National Bank the aforementioned vehicles upon all of the terms and conditions as recited in said lease agreements and amendment thereto. Dated this 5th day of July , 1972, THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO !/��' y� r (etc � ( C �Lti , ATTEST: eti Cle of the Board By:2; Qrn..dx Deputy County Clerk APPROVED AS TO FORM: , ( ��- County Attorney 720571 `� ade 3o70 �cov r �I Bodge Cars Hitt - Graham Dodge, Inc. Dodge 3501 W. 10TH ST. 352-7246 Dodge Trucks GREELEY. COLO. 80631 April 18, 1972 County of Weld County Court House Greeley, Colorado 80631 We sincerely appreciate the opportunity to submit the below listed quotations on six (6) automobiles each equipped as follows: 1972 Dodge Polara Fordor Sedans 400 CID v/8 Engine Full Police Cruise Package PB Radio Tinted Windshield Air Conditioning Power Disc Brakes Power Steering Vinyl Seat Covers 55 Amp Alternator 80 Amp Battery HD Suspension Two (2) Spotlights Floor Mats Outright Net Purchase Price each $3597.00. 12 month lease $250.00 per month plus $76.00 per month each for full main.- tainance which includes all maintainance required to maintain vehicles in a safe, operable condition including; all oil changes, chasis lubrication, tire repair, anti-freeze, safety inspection, etc., and a maximum of eight (8) Highway Tread and four (4) Snow Tread replacement tires each vehicle. The above quotation is based on the assumption that orders for car will be received prior to April 26, 1972. Very truly yours, es r� President JIG:jlg "'TN %the 7 ./ • • PERSONAL PROPERTY LEASE 1. LEASE. THE GREELEY NATIONAL BANK , a national banking association, hereinafter called BANK, hereby leases to 'weld County, State of Color.do - hereinafter called LESSEE, and LESSEE hereby hires from BANK, the personal property hereinafter called the EQUIPMENT, described in Schedule A, attached hereto and made a part hereof, or any subsequent schedules which may hereafter be made apart hereof, upon the following terms and conditions: 2. TERM. The term of this lease with respect to the EQUIPMENT shall be as set forth in Schedule A, or in any subsequent schedules which may hereafter be made a part hereof. 3. RENT. The rent for the EQUIPMENT shall be as set forth in Schedule A, or in any subsequent schedules which may hereafter be made a part hereof, and shall be payable at the times therein indicated. Any past due payment of rent shall bear interest at the rate of EIGHT percent(8%)per annum. 4. USE. LESSEE shall use the EQUIPMENT in a careful and proper manner and shall comply with and conform to all national, state, municipal, and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the EQUIPMENT. If at any time during the term hereof BANK supplies LESSEE with labels, plates or other markings, stating that the EQUIPMENT is owned by BANK, LESSEE shall affix and keep the same upon a prominent place on the EQUIPMENT. S. INSPECTION BY LESSEE. LESSEE shall inspect the EQUIPMENT within forty-eight (48) hours after receipt thereof. Unless LESSEE within said period of time gives written notice to BANK specifying any defect in or other proper objection to the EQUIPMENT, LESSEE agrees that it shall be conclusively presumed, as between BANK and LESSEE, that LESSEE has fully in- spected and acknowledged that the EQUIPMENT is in good condition and repair, and that LESSEE is satisfied with andhas accepted the EQUIPMENT in such good condition and repair. 6. INSPECTION BY BANK. BANK shall at any and all times during business hours have the right to enter into and upon the premises where the EQUIPMENT may be located for the purpose of inspecting the same or observing its use. LESSEE shall give BANK immediate notice of any attachment or other judicial process affecting any item of EQUIPMENT and shall, whenever re- quested by BANK, advise BANK of the exact location of the.EQUIPMENT. 7. ALTERATIONS. LESSEE is hereby given the right to make alterations, additions or improvements to the EQUIPMENT, so long as the value of the EQUIPMENT is not reduced thereby. All additions and improvements of whatsoever kind or nature made to the EQUIPMENT shall immediately become the property of BANK and subject to the terms of this lease. 8, MAINTENANCE AND REPAIR. LESSEE, at its own cost and expense, shall keep the EQUIPMENT in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the EQUIPMENT in good mechanical and working order. 9. LOSS AND DAMAGE. LESSEE hereby assumes and shall bear risk of loss and damage to the EQUIPMENT from any and every cause whatsoever, whether or not insured. No loss or damage to the EQUIPMENT or any part thereof shall impair any obligation of LESSEE under this lease which shall continue in full force and effect. In the event of loss or damage of any kind whatever to the EQUIPMENT, or any part thereof, LESSEE at the option of BANK shall: (a)Place the same in good repair, condition and working order; or (b) Replace the same with like property in good repair, condition and working order;which property shall thereupon become subject to this lease; (e)Pay BANK therefore in cash the"Stipulated Loss Value"as set forth in Schedule A or any subsequent schedules which may hereafter be made a part hereof. Upon such payment this lease shall terminate with respect to the EQUIPMENT or part thereof so paid for and LESSEE thereupon shall become entitled thereto. 10. SURRENDER OF EQUIPMENT. Upon the expiration or earlier termination of this lease, with respect to the EQUIPMENT or any part thereof, LESSEE shall (unless LESSEE has paid BANK in cash the "Stipulated Loss Value" of the EQUIPMENT or any part thereof pursuant to Paragraph 9 hereof) return the same to BANK in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, in the following manner as may be specified by BANK: (a)By delivering the EQUIPMENT at LESSEE's cost and expense to such place as BANK shall specify within the county in which the same was delivered to LESSEE or to which same was moved with the written consent o£BANK; or (b)By loading the EQUIPMENT at LESSEE's tort and expense on board such carrier as BANK shall specify and shipping the same, freight collect, to the destination designated by BANK. 11. INSURANCE. LESSEE, at its own expense, shall maintain the EQUIPMENT insured for such risks and in such amounts as BANK shall require with carriers acceptable to BANK, shall maintain a loss payable endorsement in favor of BANK affording to BANK such additional protection as BANK shall require, and shall maintain liability insurance satisfactory to BANK. Allsuch in- surance shall name BANK and LESSEE as insured, and the policies shall provide that they may not be cancelled or altered without at least ten (10) days' prior written notice to BANK and the loss payable endorsement shall provide that all amounts payable by reason of loss of or damage to the EQUIPMENT shall be payable only to BANK. LESSEEshall deliver to BANK evidence satisfactory to BANK of all such insurance. If loss or damage occurs under circumstances in which LESSEE is not in violation of the terms of any such policies, and if LESSEE has fulfilled its obligations under Paragraph 9 of this lease, and is not otherwise in default under this lease, BANK will pay to LESSEE so much of any insurance proceeds received by BANK as a result of such loss or damage as will fully reimburse LESSEE for the net expense it incurs in fulfilling its obligations under said Paragraph 9. 12. TAXES. LESSEE shall pay and discharge all license fees, assessments and sales, use, property and other tax or taxes now or hereafter imposed by any State, Federal or local government upon the EQUIPMENT ownership, leasing, renting, sale, pos- session or use of the EQUIPMENT whether the same be assessed to BANK or LESSEE, together with any penalties or interest in connection therewith, excepting Federal, State or local governmental taxes, or payments in lira- thereof; imposed upon or measured by income of the BANK, If any tax is, by law, to be assessed or billed to BANK, LESSEE at its expense will do any and all things required to be done by BANK in connection with the levy, assessment, billing or payment of such taxes and is hereby authorized by BANK to act for and on behalf of BANK in any and all such respects; LESSEE will cause all billings of such taxes to BANK to be made to it in care of LESSEE and will from time to time, on request of BANK, submit written evidence of the pay- ment of all of the governmental obligations mentioned in this paragraph. LESSEE will, on any property tax returns required to be filed by it, include the property covered by this lease or any substitutions or additions thereto as property ocrred by the LESSEE for purposes of tax assessments. It is expressly agreed that LESSFF, will not, without obtaining prior written permission of BANK, assert on its behalf, or on behalf of BANE., any immunity from: taxation'based upon the fact that BANK is a national bank. 13, LESSEE'S FAILURE TO PAY TAXES, INSURANCE, ETC. Should LESSEE fail to make any payment or do any act as herein provided, then BANK shall have the right, but not the obligation, without notice to or demand upon LESSEE, and.without relcas- ing LESSEE from any obligation hereunder, to make or do the same, and to pay, purchase, contest or compromise any encum- brance, charge or lieu which its the judgment. of BANK appears to affect the EQUIPMENT,. and inexercising;any n:chrights, :.,cur any liability and expend whatever amounts in its absolute discretion it may deem necessary therefor. All sums so incurred or expended by BANK shall be without demand immediately due and payable by LESSEE, and shall bear interest at the rate of ten percent (1095) per annum. 14. INDEMNITY. LESSEE shall indemnify BANK against, and hold BANK harmless from any and 211 claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees, arising out of, connected with, or resulting from the EQUIPMENT, including without limitation the manufacture, selection, delivery, possession, use, operation or return thereof. • • 15. DEPOSIT OF SECURITY, The amount which LFSSEE has deposited with BANK as security, if any, as set forth in Schedule A,- or any subsequent schedules which may hereafter become a part hereof, shall be as security for LESSEE's obligations hereunder. Said sum may, at BANK's option, be applied to satisfy any such obligation which may be in default, but the making of suchde- posit shalt not excuse LESSEE from any such obligation. Any portion of said sum which has not been so applied by BANK will be returned to LESSEE at the termination of this lease. 16. DEFAULT, The occurrence of any of the following events shall, at the option of BANK, terminate this lease and LESSEE's right to possession of the EQUIPMENT: (a) The nonpayment by LESSEE for a period of ten (10) days of any sum required hereunder to be paid by LESSEE. (b) The default by LESSEE under any other term, covenant or condition of this lease which is not cured within ten (10)days after notice thereof from BALCK. (c) Any atiirmative act of insolvency by LESSEE, or the filing by LESSEE of any petition or action under any bankruptcy, -re-organization, insolvency or moratorium law, or any other law or laws for the relief of, or relating to, debtors. (d) The filing of any involuntary petition under any bankruptcy statute against LESSEE, or the appointment of any receiver or trustee to take possession of the properties of LESSEE, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty (60) days from the date of said filing or appointment. (e) The subjection of any of LESSEE's property to any levy, seizure, assignment, application or sale for or by any creditor or governmental agency. Upon the happening of any of the above events, BANK may without notice to or demand upon LESSEE (a) Take possession of the EQUIPMENT and lease the same or any portion thereof, for such period, rental, and to such per- sons as BANK shall elect and apply the proceeds of any such renting, after deducting all costs and expenses incurred in connection with the recovery, repair, storage and renting of the EQUIPMENT, in payment of the rent and other obligations due from LESSEE to BANK hereunder, LESSEE remaining responsible for any deficiency. (b)Take possession of the EQUIPMENT. and sell the same or any portion thereof at public or private sale and without de- mand or notice of intention to sell, and apply the proceeds of any such sale, after deducting all costs and expenses incurred in connection with the recovery, repair, storage, and sale of the EQUIPMENT and any rentals and other obligations of LESSEE then due hereunder, against the "Stipulated Loss Value" of the EQUIPMENT sold. If the proceeds, after the permitted deduction, are less than the "Stipulated Loss Value", LESSEE shall immediately pay BANK the difference. 17. OFFSET. LESSEE hereby waives any and all existing and future claims and offsets against any rent or other payments due hereunder, and agrees to pay the rent and other amounts due hereunder regardless of any offset or claim which may be asserted by LESSEE or on its behalf. - 18. EFFECT OF WAIVER. No delay or omission to exercise any right, power or remedy accruing to BANK upon any breach or default of LESSEE under this lease shall impair any such right, power, or remedy of BANK nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of BANK of any breach or default under this lease, or any waiver on the part of BANK of any provision or condition of this lease, must be in writing andshall be effective only to the extent in such writing specifically set forth. All remedies, either under this lease or by law, or otherwise afforded to BANK, shall be cumulative and not alternative. - 19. ATTORNEYS' FEES. In the event of any action at law or suit in equity in relation to this lease, LESSEE, in addition to all other sums which LESSEE may be called upon to pay, will pay to BANK a reasonable sum for its attorneys' fees. 20. ASSIGNMENT. Without the prior written consent of BANK, LESSEE shall not (a) assign, transfer, pledge or hypothecate this lease, the EQUIPMENT or any part thereof, or any interest therein, (b) sublet or lend the EQUIPMENT or any part thereof, or (c) permit the EQUIPMENT or any part thereof to be used by anyone other than LESSEE or LESSEE's employes. BANK may assign its interert, or a part thereof, in this lease, 21. LOCATION OF EQUIPMENT. LESSEE will not, without the prior written consent of BANK, permit the EQUIPMENT to be removed from na 22. OWNERSHIP. The EQUIPMENT is and shall at all times be and remain, the sole and exclusive property of BANK, and LESSEE shall have no right, title or interert therein or thereto except as expressly set forth in this lease. 23. PERSONAL PROPERTY. The EQUIPMENT is, and shall at all times be and remain, personal property notwithstanding that the EQUIPMENT or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or imbedded in, or permanently resting upon, real property or any building thereon, or attached in any manner to what is permanent as by means of cement, plaster, nails, bolts, screws or otherwise. - - - - -- — 24. APPLICABLE LAW. This lease shall be governed by, and construed under the laws of the State of Colorado 25. SUSPENSION OF OBLIGATIONS OF BANK. The obligations of BANK hereunder shall be suspended to the extent that it is hindered or prevented from complying therewith because of labor disturbances, including strikes and lockouts, acts of God, fires, storms, accidents, governmental regulations or interference or any cause whatsoever beyond the control of BANK, 26. LESSEE shall keep books and records in accordance with good accounting practice and shall deliver to BANK financial and profit and loss state- ments in such form and at such times as BANK may require.LESSEE shall permit BANK to examine and audit the books of the business of LESSEE. 27. WARRANTIES.LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE,DESIGN,CAPACITY,AND MANUFACTURE SELEC- TED BY LESSEE. BANK IS NOT A MANUFACTURER OF THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT,DOES NOT INSPECT THE EQUIPMENT PRIOR TO DELIVERY TO LESSEE AND HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION,WARRANTY, OR COVENANT, WITH RESPECT TO THE CONDITION, QUALITY, DURABILITY, SUITABILITY,OR MERCHANTABILITY OF THE EQUIPMENT IN ANY RESPECT,OR ANY OTHER REPRESENTATION,WARRANTY OR COVENANT,EXPRESS OR IMPLIED.BANK WILL,HOWEVER,TAKE ANY STEPS REASONABLY WITHIN ITS POWER TO MAKE AVAILABLE TO LESSEE ANY MANUFACTURER'S OR SIMILAR WARRANTY APPLICABLE TO THE EQUIPMENT. BANK SHALL NOT BE LIABLE TO LESSEE FOR ANY LIABILITY, LOSS,OR DAMAGE CAUSED OR ALLEDGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DE- FECT THEREIN OR BY ANY INCIDENT WI LtTSOEVER IN CONNECTION THEREWITH. 28. NOTICES, Any communications between BANK and LESSEE, payments, and notices provided herein to be given or made, may be given or made by mailing the same to BANK at Po f 0 r?Ce Pox 1ng8 Gr'el ev, Cr.1^^ad0 and to LESSEE at leld County Lour thouse. Gree._ey, Col orndo or to such other addresses as either party may in writing hereafter indicate, IN WITNE:SC WHEREOF, the parties hereto have execut,rd this lease as of this day of , 19 , t)1 (' C.!>1171L,, .;I -Ito or Cnlrlr.,r'n THE G�REELEY NATIONAL BANK LESSEE . GREELEY, COLORADO By,��-ze vie-2 eSt7C--) By By )40tIa 1 ' ..�i.it _. By • PERSONAL PROPERTY LEASE SCHEDULE • Schedule A A. EQUIPMENT LEASED: Item Number Description DK411i2D 9:2.966 197 ' Dodge Polara 4dr Sedan • • • • • • • B. TERM: The term of this lease shall commence on the date that the EQUIPMENT is delivered to LESSEE and, unless sooner terminated as set forth in the lease, shall expire on jl 1, ', 3 C. RENT: As rent for the EQUIPMENT, LESSEE shall pay BANK at its Greeley Colorado Office , the sum of __2Lnoz fir,;, r,.,-,na :ins nn/lrY1— DOLLARS. {$ 300r'.`)Q ) payable in 1? successive _mon 1 instalments of$ rid each, beginning .I,r1,r 1 -1O7 ' and '•,y:rr,nL to 'or. ,-•r] on nu-0'1pr IIF r .,v ' rinr t0 dial•• 1 , 1�17 't thereafter. D. USE TAX: Use Tax applicable under this lease transaction in the amount of n: DOLLARS (5 ra ) shall be paid by LESSEE to BANK as follows ) on ($ ($ )on n., )on E. SECURITY DEPOSIT: BANK hereby acknowledges the receipt of n7. DOLLARS ($ i ) from LESSEE, as a security deposit. F. RENO AL OPTION: LESSEE is hereby given 1 successive options to renew the lease of which this schedule is a part, for a one (1) year period, upon the same terms and conditions of the lease; provided, however that the rent for the EQUIPMENT during any _uch renewal period shall be as follows: 1st Yr. $ 3000.00 _ 3rd Yr. $ 2nd Yr. $ 4th Yr. $ • payable annually in advance. Said options must be exercised by the giving of a written notice by LESSEE to BANK of LESSEE's intention to exercise the same, not less than sixty(60)days before the expiration of the term of this lease, or any renewal of the lease. G. STIPULATED LOSS VALUE The Stipulated Loss Value of the EQUIPMENT during the successive years of the lease terms shall be as follows 1st Yr. $ 1200000 _ 6th Yr, $ 2nd Yr. $ 7th Yr. $ 3rd Yr. $ 8th Yr. $ 4th Yr. $ 5 Sth Yr. $ The Stipulated Loss Value of each item of EQUIPMENT shall be that portion of the total Stipulated Loss Value which equals the percentage which the cost of that item bean to the total cost of the EQUIPMENT. t H. SPECIAL CONDITIONS: n� • APPROVED AND AGREED TO this_ day of , 19 , as a scl, ?e to that certain lease dated the day of 19 by and bete.een the parties hereto, and hereby made a part thereof. Board of County Commissioners THE GREELEY NATIONAL BANK GREELEY, COL oRAn0 LESSEE By . -),;_mi(. TITL,E )1 • ` TITLE By BY TI -9S /�} //_ By By./� /�f!/l �FTi'y~t.-..-,�Y l. UA.,�✓.. • - TITLE TITLE A Y.E I-CO V Er) �-]� �.l O r O RIVI: Attest: B `/''`' / •✓ y TITLE County Attorney Clerk oT the Board , ' , ' • • . . ti.'I }'. _ .n roux. iii;h I . has de"+,,red sit 1 bidsts :r, :.•I . ir may hereafter uecur a part I if, shall I r sect::rty for li 1il oh , .>...!:,.r,_,:. .. r n be applied I< :«r ass awl, ubrit_atloo which wary be in h croup, but the mating or„ - r_, , •t h .I I ri.,,r _ } 1 I-I- rat ma. Any lu,rtit+u of s.1 i,l ern r '.kill(--II b ..: nut titan so apirG . r ar•i: t' Il 'o,: I i + �� ,�� . , rt lilt r„Ip�tr eve tit: sl h , at ri ,,II r fr r ' ��,� , �. 'i � „ ion of iA'- 'r:, tc nanu.,tt- :hulk'',: :. ' .Ia.i „ L Ih)I III'•`.'' � .. . . l •j o r1 Ly I er any tit .,•r ern,., u.t h .TILL or cook:ion I rill. leas, 'katli r., i o ,u. e . : - Iv ih , y r I t ,.I lei P iiiy, 1 t : or hlrr:c vnbal . ...or. ; Ir•a, imadvercy or uor , corn r. I + in airy oilier 1.uv lJr1a..; ro: lilt: her lel Or, or relating to, r' .,at s. ( i ;n id urc; of any -r kola i y I [ tier a r r bankruptcy ur a - - a lutist Ir SSI I' r the t .- rn yr ,, , t. r t7 t .o �' l.r o. C +Vrr Lr.i r LS$: rh (_,S sr Ir ,I' a„LT, Tr, l. i5 SCe asks: or text .r t'.' r so se: .e .t is - t rtion sixty (60) d'ry. from the eau o: said filing or appssintsuent. t - a t,on of idly of I.i-SSEE's property to any levy, seizure, 'assignment, ,i 1 cation or sale :or or. r cr. kn.:- Zia . . . kr 2onLr o my of tier above it e , IIANI. cosy vithodt nctree to or ;knack upon '.SS_II: ( _ ession of (.11,2 t:.,2'. 1i MENT and 1_u2 the sanre or any f nrtio a thCrrof, for such period, rental, au i n: ,- :. t11 elect ant apply the proceeds of any, such erit ig, after deducting all costs axed eS , .nses looked, kr seri. Lion „ , owar repar, storage and renting oftile EQ Nfrd:NT 1 i f;ynrc ra of tire rent anti other obligations tne:rom a - .. .... ,.. I a :rr, I.1.i n.marnhng responsible for any deficiency. _ ..._ -ion on m T I:Qe 7 1x1 sell tier same or any orw-r -thereof at 0 privaie sare _ ,ih c rail-r of intention to sell and apply the p:oceeds of any such sale, ;titer deductini all coats aid expenses l o ra co c . ter_ sec' er}i, repair, storage, and sale of tut EQ IPMl s and n y rentals ;n al cT'1 r e_.i;:t,.. _ C. ..}�SS, du nap,ainst the "Stipulated Loss Value" o: 'she QUti S't .d. If tier proceeds, irate the (+,rmLLtc� teal-uaC6n, e fife• ie., Ci4j,it rr Str;elated Loss Value'', LESSEE. shall immediately pay f.ANIC. niC difference, / OikSIT. LIS SEE hereby waives any arid all existing and future uu s and offsets against any rent or c 24: pay a r n . Gar eciresocia., and agrees to pay tire rent and other amount. due herearcer regardless of any offset or claim viii -ii may be tt,, oy laiSSISE 01 Ol 'Ls behalf. ld. i fiC f O' WAfdfR. No delay or omission to exercise any right, power or remedy accruing to PLAIII.1 u - r any baracit or default o: ILS TP: under this lease snail impair arty such right, power, or remedy or ;SANK no: shall it u_ arittil to rue a waiver of nay such breach or default, or an acquiescence therein, or of or in any similar breach or default the. .date:' occur:in our shalt any waiver of any single breach or default be deemed a waiver of airy other breach or default the:cum-ore or -mei. arkt- o.-occur:ilia,.. Any Inver, permit, consent or appcovid of any kind or err -rater on tr 'art of I3/45191(of any breach of ti..- :urU a :I this lease, or any waive of the part of 11ANK of any provision or condition of this lease, must be in w1 rti, gand shall beef, only LO e>itent in sic', writing specifically set loath. Ali re x-. ._, either under this lease or by law, of ochereise mrc raliro to do..NG, shelf be cumulative anri not alternative. 11 A71OitNF.YS' FEES. In the event of any action at law or suit in equity in relation to this lease, II SS r, i,1 ad•lituun in all other sums which LLSSEE may be called upon to pay, will pay to :+ANN a reasonable suer for its attorney-5h fee'. rr St s Ni I 1 . 6 ithout the prior written consent of ;B ANN, LESSEE shall not (a) assign, transfer, pledge or riiticare this i t d F:91.3 S1 or any part thereof, or any intrirest therein,m, (o) sublet or lend the EQLif • i_VL cairy pint t I (e) i n -IL hr EQUIP MEr r or any part thereof to be used by anyone other than LLSSI E or LE SSI. s employe". KA\ , may .•s ,n its rat nest, or a part threreoi, in 6115 lease. 2i. LCs7A-CiON OF EQIIIPMENTI, LESSEE will not, without the prior written consent of IiANiC, permit tine :(r,%l!i:;.U'.i`�!' te lac 22 O1k. i "If. The 1.OifI 'MATT is airs' shall at all times be nad remain, the sole and exclusive property, of dA:' dies LtSSI E sickl1 ir ive no ri_I( t, title or interest therein or th feto e.CC^_I a1 expressly set forth in this lease. 2 t itralthICItefirl, l'itOPli1TY. The EQUIPM NT is, and shall at all times he and remain, personal property no, .Mkt: r:. ter. - r.Ptll ENT or any part thereof may now be, n- hereafter become, in any manner affixed or attac'Ic. ,r ink,r,ti �d in, or p intarreirtly resting upon, real property or any building thereon, or attached in any manner to wirat a permauent tip means of cr trier.t, plaster, nails, tilts, ,cress„ or other• ui.. 2:, l,i'r^LiC +LF.. LAW. This lease shall be governed by, and co ;r.nnsl :miler the laws of the State of I. 25. SUSiti IS SIOl1 Or Oi1llGATt OiIS OF i1AA'I:. The obligations of i1 r.NIC hereunder vn.dll be suspended to t ,• ear,.aid that it is ihir : cd or ;sever:led from complying he:make h.c use of in bor ilistudakrees, including striker; and ice:furs, to of Cosi, l-I: storm., governmental regulations or manic mute or deny a. whatsoever beyond the control of KAKIS. 26 n..:', keep books and record,ir;accordance with good arcotriedirb er onthe__d sir.ul ti.;liver it crN r; (num.-i h au tl r . ... tc lc'cots in inn, Uesi.and at such chiefs as DANK may require. I.ESSI . shall permit LANK to examine and:rude:the books of tie b c of I.'k 'k. c. 27. ACA:K k: ES.LESSEE ACINcX11+1.EDGGS TIIA'iTrriEIQUii:A1P.,NCISO1ASl?1.,DEIIGV,CALACIT:1",AND ta,A c rtatiiJ.. T.i tl ilANKIS NOT ALIA IFACCOKFR OF TifG e(7..Cil, dC2:i Olt AL':Ail" l IN SilIII a•:IQ' ,I A'1,Dr r' S ri attici 1O DditiVIKY TO LESSEE SEE tND HAN IrOh s )ii AND DOES NOT MAKE Atli 1 C It r l'tMt rN, A (Lc I kftrikii-CF t THE CONDICION, a U t,, ,1, vUrstl:l 1i, SUCC I+t Lli Y, OR tarkeriANTAirliATTV u I koirrItukt t OK ANY O1Ir : rkilITESENiA ION, Alei:AN-FYOKCOVENANT,EXPRESS Olt'Mi'Lin E edit.K.WI i 1 ,I Er.',.';1 ter . ii7:1OI.A2LY 1'virrli:`i ICS PLATER 9O MAKE AVAll,AndE LO L7:SSIII ANY bfAN1JI'AC,i U2 .R'S OIL Sitar:.r.r. C A Ista.rdadiY . . it I. is. "CHIFQUi INT. 1CANK. SliAre NOT DP, LfAirt,I. TO LESSEE [ E AINl LTA -LIIY, LOSS, O ), C CIASr ICs.+. C A LS; n) DIRECTLY OIL IND:ikllETLY ii1 ,Ile tiQr i r+: ANY INADEQUACY TiIiIREOF a7 _I)d— t i r.. . r. P.'t' Ah1 INCIIKiNr li'iiATSO VER iN CONNLCCiOA 1 1 iltr.VA`El. 2, . , ..::.S, Fury communications between ''IA:a and LiSS'S:, payments, and notices provided herein to Lo gi:fen or trade, f , i ... ...". .. reef. .. ,. t.. � -" • .r. .e. -- ci_.::'r stay may i .,taro_, � :r.t l',rUr', the parties hereto have executed this 'cerise .-. of chi; day of r• C. ""hi • _ By --- • gt 16 PERSONAL PROPERTY LEASE 1. LEASE. THE GREELEY NATIONAL BANK , a n at ion al banking association, here inafter called BANK, hereby leases to Weld County, ;hate of Colorado hereinafter called LESSEE, and LESSEE hereby hires from BANK, the personal property hereinafter called the EQUIPMENT, described in Schedule A, attached hereto and made a part hereof, or any subsequentschedules which mayhereafterbe made apart hereof, upon the following terms and conditions: 2. TERM, The term of this lease with respect to the EQUIPMENT shall be as set forth in Schedule A, or in any subsequent schedules which may hereafter be made a part hereof. 3. RENT. The rent for the EQUIPMENT shall be as set forth in Schedule A, dr in any subsequent schedules which may hereafter be made a part hereof, and shall be payable at the times therein indicated. Any past due payment of rent shall bear interest at the rate of EICHT percent(8%) per annum. 4. USE. LESSEE shall use the EQUIPMENT in a careful and proper manner and shall comply with and conform to all national, state, municipal, and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the EQUIPMENT. If at any time during the term hereof BANK supplies LESSEE with labels, plates or other markings, stating that the EQUIPMENT is owned by BANK, LESSEE shall affix and keep the same upon a prominent place on the EQUIPMENT. S. INSPECTION BY LESSEE. LESSEE shall inspect the EQUIPMENT within forty-eight (48) hours after receipt thereof. Unless LESSEE within said period of time gives written notice to BANK specifying any defect in or other proper objection to the EQUIPMENT, LESSEE agrees that it shall be conclusively presumed, as between BANK and LESSEE, that LESSEE has fully in- spected and acknowledged that the EQUIPMENT is in good condition and repair, and that LESSEE issatisfied with andhas accepted the EQUIPMENT in such good condition and repair. 6. INSPECTION BY BANK. BANK shall at any and all times during business hours have the right to enter into and upon the premises where the EQUIPMENT may be located for the purpose of inspecting the same or observing its use. LESSEE shall give ' BANK immediate notice of any attachment or other judicial process affecting any item of EQUIPMENT and shall, whenever re- quested by BANK, advise BANK of the exact location of the EQUIPMENT. 7. ALTERATIONS. LESSEE is hereby given the right to make alterations, additions or improvements to the EQUIPMENT, so long as the value of the EQUIPMENT is not reduced thereby. All additions and improvements of whatsoever kind or nature made to the EQUIPMENT shall immediately become the property of BANK and subject to the terms of this lease. 8. MAINTENANCE AND REPAIR. LESSEE, at its own cost and expense, shall keep the EQUIPMENT in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the EQUIPMENT in good mechanical and working order. 9. LOSS AND DAMAGE. LESSEE hereby assumes and shall bear risk of loss and damage to the EQUIPMENT from any and every cause whatsoever, whether or not insured. No loss or damage to the EQUIPMENT or any part thereof shall impair any obligation of LESSEE under this lease which shall continue in full force and effect. In the event of loss or damage of any kind whatever to the EQUIPMENT, or any part thereof, LESSEE at the option of BANK shall: (a)Place the same in good repair, condition and working order; or (b) Replace the same with like property in good repair, condition and working order;which property shall thereupon become subject to this lease; (c)Pay BANK therefore in cash the"Stipulated Loss Value"as set forth in Schedule A or any subsequent schedules which may hereafter be made a part hereof. Upon such payment this lease shall terminate with respect to the EQUIPMENT or part thereof so paid for and LESSEE thereupon shall become entitled thereto. 10, SURRENDER OF EQUIPMENT. Upon the expiration or earlier termination of this lease, with respect to the EQUIPMENT or any part thereof, LESSEE shall (unless LESSEE has paid BANK in cash the "Stipulated Loss Value" of the EQUIPMENT or any part thereof pursuant to Paragraph 9 hereof) return the same to BANK in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, in the following manner as may be specified by BANK: (a)By delivering the EQUIPMENT at IESSEE's cost and expense to such place as BANK shall specify within the county in which the same was delivered to LESSEE or to which same was moved with the written consent of BANK; or (b)By loading the EQUIPMENT at LESSEE's cost and expense on board such carrier as BANK shall specify and shipping the same, freight collect, to the destination designated by BANK. 11. INSURANCE. LESSEE, at its own expense, shall maintain the EQUIPMENT insured for such risks and in such amounts as BANK shall require with carriers acceptable to BANK, shall maintain a loss payable endorsement in favor ofBANK affording to 'BANK such additional protection as BANK shall require, and shall maintain liability insurance satisfactory to BANK. Al?such in- surance shall name BANK and LESSEE as insured, and the policies shall provide that they may not be cancelled or altered without at least ten (10) days' prior written notice to BANK and the loss payable endorsement shall provide that all amounts payable by reason of loss of or damage to the EQUIPMENT shall be payable only to BANK. LESSEEshall deliver to BANK evidence satisfactory to BANK of all such insurance. If loss or damage occurs under circumstances in which LESSEE is not in violation of the terms of any such policies, and if LESSEE has fulfilled its obligations under Paragraph 9 of this lease, and is not otherwise in default under this lease, BANK will pay to LESSEE so much of any insurance proceeds received by BANK as a result of such loss or damage as will fully reimburse LESSEE for the net expense it incurs in fulfilling its obligations under said Paragraph 9, 12. TAXES. LESSEE shall pay and discharge all license fees, assessments and sales, use, property and other tax or taxes now or hereafter imposed by any State, Federal or local government upon the EQUIPMENT ownership, leasing, renting, sale, pos- session or use of the EQUIPMENT whether the same be assessed to BANK or LESSEE, together with any penalties or interest in connection therewith, excepting Federal, State or local governmental taxes, or payments in lieu thereof, imposed upon or measured by income of the BANK. If any tax is, by law, to be assessed or billed to BANK, LESSEE at its expense will do any and all things required to be done by BANK in connection with the levy, assessment, billing or payment of such taxes and is hereby authorized by BANK to act for and on behalf of BANK in any and all such respects; LESSEE will cause all billings of such taxes to BANK to be made to it in care of LESSEE and will from time to time, on request of BANK, submit written evidence of the pay- ment of all of the governmental obligations mentioned in this paragraph. LESSEE will, on any property tax returns required tobe filed by it, ..ocb.,L• the property cnn.rcd by this Irasn or any substitutions or additions thereto a5 property owned by the LESSEE for purposes of tax assessments. It is expressly agreed that LESSEE will not, without obtaining prior written permission of BANK, assert on its behalf, or on behalf of BANK, any immunity from taxation based upon the fact that BANK is a national bank. 13. LESSEE'S FAILURE TO PAY TAXES, INSURANCE, ETC. Should LESSEE fail to make any payment or do any act ashere in provided, then BANK shall have the right, but not the obligation, without notice to or demand upon LESSEE, and.without releas- ing LESSEE from any obligation hereunder, to make or do the same, and to pay, purchase, contest or compromise any encurn- brance, charge or lien which in the judgment of BANK appears to affect the EQUIPMENT, andin exercising any such rights, incur any liability and expend whatever amounts in its absolute discretion it may deem necessary therefor. All sums so incurred or expended by BANK shall be without demand immediately due and payable by LESSEE and shall bear interest at the rate of ten percent (I0sS') per annum. 14. INDEMNITY. LESSEE shall indemnify BANK against, and hold BANK. harmless from arty and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees, arising out of, connected with, or resulting from the EQUIPMENT, including without limitation the manufacture, selection, delivery, possession, use, operation or return thereof. - . . _ _. • 15. DEPOSIT OF SECURITY. The amount which LESSEE has deposited with BANK as security, if any, as set forth in Schedule A, or any subsequent schedules which may hereafter become a part hereof, shall be as security for LESSEE's obligations hereunder. Said sum may, at BAN'K's option, be applied to satisfy any such obligation which may be in default, but the making of suchde- posit shall not excuse LESSEE from any such obligation. Any portion of said sum which has not been so applied by BANK will be returned to LESSEE at the termination of this lease. 16. DEFAULT. The occurrence of any of the following events shall, at the option of BANK, terminate thislease and LESSEE's right to possession of the EQUIPNI NT: . (a)The nonpayment by LESSEE for a period of ten (10) days of any sus required hereunder to be paid by LESSEE. (o) The default by LESSEE under any other term, covenant or condition of this lease which is not cured within ten (10)days after notice thereof from BAACK. (c) Any affirmative act of insolvency by LESSEE, or the filing by LESSEE of any petition or action under any bankruptcy, re-organization, insolvency or moratorium law, or any other law or laws for the relief of, or relating to, debtors. - (d)The filing of any involuntary petition under any bankruptcy statute against LESSEE, or the appointment of any receiver or trustee to take possession of the properties of LESSEE, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty (60) days from the date of said filing or appointment. (e)The subjection of any of LESSF.E's property to any levy, seizure, assignment, application or sale for or by any creditor or governmental agency. Upon the happening of any of the above events, BANK may without notice to or demand upon LESSEE: (a)Take possession of the EQUIPMENT and lease the same or any portion thereof, for such period, rental, a.-td to such per- sons u BANK shall elect and apply the proceeds of any such renting, after deducting all costs and expenses incurred in connection with the recovery, repair, storage and renting of the EQUIPMENT, in payment of the rent and other obligations due from LESSEE to BANK hereunder, LESSEE remaining responsible for any deficiency, (b)Take possession of the EQUIPMENT and sell the same or any portion thereof at public or private sale and without de- mand or notice of intention to sell, and apply the proceeds of any such sale, after deducting all costs and expenses incurred in connection with the recovery, repair, storage, and sale of the EQUIPMENT and any rentals and other obligations of LESSEE then due hereunder, against the "Stipulated Loss Value" of the EQUIPMENT sold. If the proceeds, after the permitted deduction, are less than the "Stipulated Loss Value", LESSEE shall immediately pay BANK the difference. 17. OFFSET. LESSEE hereby waives any and all existing and future claims and offsets against any rent or other payments due heretmder, and agrees to pay the rent and other amounts due hereunder regardless of any offset or claim which may be asserted by LESSEE or on its behalf. - 18. EFFECT OF WAIVER. No delay or omission to exercise any right, power or remedy accruing to BANK upon any breach or default of LESSEE under this lease shall impair any such right, power, or remedy of BANK nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of BANK of any breach or default under this lease, or any waiver on the part of BANK of any provision or condition of this lease, must be in writing and shall be effective only to the extent in such writing specifically set forth. All remedies, either under this lease or by law, or otherwise afforded to BANK, shall be cumulative and not alternative. - 19. ATTORNEYS' FEES. In the event of any action at law or suit in equity in relation to this lease, LESSEE, in addition to all other sums which LESSEE may be called upon to pay, will pay to BANK a reasonable sum for its attorneys' fees. 20. ASSIGNMENT. Without the prior written consent of BANK, LESSEE shall not (a) assign, transfer, pledge or hypothecate this lease, the' EQUIPMENT or any part thereof, or any interest therein, (b) sublet or lend the EQUIPMENT or any part thereof, or (c) permit the EQUIPMENT or any part thereof to be used by anyone other than LESSEE or LESSEE's employes. BANK may assign its interest, or a part thereof, in this lease. 21. LOCATION OF EQUIPMENT. LESSEE will not, without the prior written consent of BANK, permit the EQUIPMENT to be removed from na 22. OWNERSHIP. The EQUIPMENT is and shall at all times be and remain, the sole and exclusive property of BANK, and LESSEE shall have no right, title or interest therein or thereto except as expressly set forth in this lease. 23. PERSONAL PROPERTY. The EQUIPMENT is, and shall at all times be and remain, personal property notwithstanding that the EQUIPMENT or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or imbedded in, or permanently resting upon, real property or any building thereon, or attached in any manner to what is permanent as by means of cement, plaster, nails, bolts, screws or otherwise. - -- . ---- 24. APPLICABLE LAW. This lease shall be governed by, and construed under the laws of the State of Colorado 25. SUSPENSION OF OBLIGATIONS OF BANK. The obligations of BANK hereunder shall be suspended to the extent that it is hindered or prevented from complying therewith because of labor disturbances, including strikes and lockouts, acts of God, fires, storms, accidents, governmental regulations or interference or any cause whatsoever beyond the control of BANK. 26. LESSEE shall keep books and records in accordance with good accounting practice and shall deliver to BANK financial and profit and loss state- ments in such form and at such times as BANK may require.LESSEE shall permit BANK to examine and audit the books of the business of LESSEE. 27. WARRANTIES.LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE,DESIGN,CAPACITY,AND MANUFACTURE SELEC- TED BY LESSEE.BANK IS NOT A MANUFACTURER OF THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT,DOES NOT INSPECT THE EQUIPMENT PRIOR TO DELIVERY TO LESSEE AND HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION,WARRANTY,OR COVENANT,WITH RESPECT TO THE CONDITION,QUALITY,DURABILITY,SUITABILITY,OR MERCHANTABILITY OF THE EQUIPMENT IN ANY RESPECT,OR ANY OTHER REPRESENTATION,WARRANTY OR COVENANT,EXPRESS OR IMPLIED.BANK WILL,HOWEVER,TAKE ANY STEPS REASONABLY WITHIN ITS POWER TO MAKE AVAILABLE TO LESSEE ANY MANUFACTURER'S OR SIMILAR WARRANTY APPLICABLE TO THE EQUIPMENT. BANK SHALL NOT BE LIABLE TO LESSEE FOR ANY LIABILITY, LOSS,OR DAMAGE CAUSED OR ALLEDGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DE- FECT TH i;EIiv OR BY ANY INCIDENT WI-IATSOF.VER IN CONNECTION THEREWITH. 28. NOTICES. Any communications between BANK and LESSEE, payments, and notices provided herein to be given or made, may be given or made by mailing the same to BANK at t'nst of f-;ee Bnx 10(1 . Greeley. Colorado and to LESSEE at In 1r1 crow ty Courthouse. Greeley. Cnlnxado t or to such other addresses as either pasty may in writing hereafter indicate. IN Val.:PS(3 .-K:1.EOI-, pa_tie: lareca have executed this le;Ise as of this day of , 19 . leid Co_�ntp, :it'd", of Colorado THE GREELEY NATIONAL BANK LESSEE GREELEY, COLORADO By /L!; �- / `� ,•,,, tf� ( JlF ' t � �.1.>(,( I --� S � i By y�i %�,% s,. •, PERSONAL PROPERTY LEASE SCHEDULE Schedule A A. EQUIPMENT LEASED: Item Number. Description DI:41i I2 D:'<1?_967 1.97 Dodge :iedan • B. TERM: The term of this lease shall commence on the date that the EQUIPMENT is delivered to LESSEE and, unless sooner terminated as set forth in the lease, shall expire on 1, 1q73 C. RENT: As rent for the EQUIPMENT, LESSEE shall pay BANK at its Greeley Colorado Office , the sum of `i' a r+,n :ri p a,r�/1 nn DOLLARS (s .:)t i ) payable in 1,? r?nr+1-0.v . - . successive instalments of $ BO each, beginning ,'ulv 1,, 1.97% - and _ ( fir t. _1�rL� 1 t. t-) 1,ror:lted on number of d;37.5 'irlor to dilly 1, 1.97%} thereafter. • D. USE TAX: Use Tax applicable under this lease transaction in the amount of na DOLLARS ($ na ) shall be paid by LESSEE to BANK as follows. ($ na ) on ; ($ ) on ($ na ) on E. SECURITY DEPOSIT: BANK hereby acknowledges the receipt of n ,DOLLARS ($ na ) from LESSEE, as a security deposit. F. RENEWAL OPTION: LESSEE is hereby given 1 successive options to renew the lease of which this schedule is a part, for a one (1) year period, upon the same terms and conditions of the lease; provided, however that the rent for the EQUIPMENT during any such renewal period shall be as follows: 1st Yr. $ 3nno. 3rd Yr. $ 2nd Yr. $ 4th Yr. S payable annually in advance. Said options must be exercised by the giving of a written notice by LESSEE to BANK of LESSEE': intention to exercise the same, not less than sixty(60)days before the expiration of the term of this lease, or any renewal of the lease. G. STIPULATED LOSS VALUE: The Stipulated Loss Value of the EQUIPMENT during the successive years of the lease terms shall be as follows: 1st Yr. $ 1200000 6th Yr. $ • 2nd Yr. $ 7th Yr. $ 3rd Yr. $ 8th Yr. $ 4th Yr. $ Sth Yr. $ $ The Stipulated Loss Value of each item of EQUIPMENT shall be that portion of the total Stipulated Loss Value which equals the percentage which the cost of that item bears to the total cost of the EQUIPMENT. H. SPECIAL CONDITIONS: na APPROVED AND AGREED TO this day of , 19, as a schedule to that certain lease dated the clay of _, 19 , by and between the parties hereto, and hereby made a part thereof. Board of County Commissioners THE GREELEY NATIONAL BANK +,• . :;�:jln of Crin^D,in GREELEY, COLORADO "�-LESSEE / By �!�'.'re `i TITLE By By TITLE TITLE ti. • TIr�E TITLE APPR VED AS TO FORIVI: • Attest By TITLE County Attorney ClerkLof the Board • • • • 1—•• . • 1t. ll:;i•: TA`:: U:.c Tax applicable under this lease tr:ulsaction in the :unount of i1 1 _-—_ _...__ . -•• — --- ----- — _ _— DOLLARS • 11 hall be paid by LESSEE to BANK as follows: • E. SECURITY LYe:POSIT: BANK hereby acknowledges the receipt of DOLLARS from LI:SSF,E, as a security deposit. 1'. Ri...NEVIAL J;''11ON: LESSEE is hereby given 7, successive options to renew the lease of which this scitedu:e is a part, for a one (1) year period, upon the same terms and conditions of the le:tse; provided, however that the rent for the EQUIPMENT during any such renewal period shall be as follows: • is( Yr. $ It)_In 1 3rd Yr. $ 2nd Yr. $ 4th Yr. S i al:�bia annually in advance. Said options must be exercised by the giving of a written notice by LESSEE to BANK"of LESSE£'s i Rl.ci,tiott to .xercise the same, not less than sixty(60)days before the expiration of the term of this lease, or any renewal of t:te lease. • G. STIPULATED LOSS VALUE The Stipulated Loss Value of the EQUIPMENT during the successive years of the lease terns shall be as follow= 1:t Yr, g—I.;._'(N}.00 6th Yr. $ • 2..ttd Yr. $ 7th Yr. 3rsl Yr, g _-_— _ Sth Yr. $ Rh Yr, w y 5th Yr. $ _ $ • The Stiptilat•?c1 Loss Value of each item of EQUIPMENT shall be that portion of the total Stipulated Loss Value which equals the percentage which the cost of that item bears to the total cost of the EQUIPMENT. • fi. SPECIAL CONDITIONS: n • • AP,'P.OViil AND AGREED TO this .day of ___...� , 19 . as a scIte. .lc ro tnat certain leas_ dated the _day of 1t , by a:n: kketween the parties hereto, and hereby made a part thereof. BOar d (ii County Comm isLiionet.':i 0 .y; i:i l\• 'e. • '_ •� GOi.O:fir".uO _ - ------ I:7 FL ay.._ .. _. A 1.!:rani 4:: BY rrit..t_ C•01.1111:3f—KZl.Or'ney _�._._ ._.___�;i:�:'r�:�iii i:II'i�:T";;c►i i'i1 - ,� ( ,., . te". PERSONAL PROPERTY LEASE 1. LEASE. THE GREELEY NATIONAL BANK , a national banking associ ation, hereinafter called BANK, hereby leases to Weld County. State of Colorado hereinafter called LESSEE, and LESSEE hereby hires from BANK, the personal property hereinafter called the EQUIPMENT, described in Schedule A, attached hereto and made a part hereof, or any subsequent schedules which mayhereafter be made apart hereof, upon the following terms and conditions: 2. TERM. The term of this lease with respect to the EQUIPMENT shall be as set forth in Schedule A, or in any subsequent schedules which may hereafter be made a part hereof. 3. RENT, The rent for the EQUIPMENT shall be as set forth in Schedule A, or in any subsequent schedules which may hereafter be made a part hereof, and shall be payable at the times therein indicated. Any-past due payment of rent shall bear interest at the rate of EIGHT percent(8%)per annum. 4. USE. LESSEE shall use the EQUIPMENT in a careful and proper manner and shall comply with and conform to all national, state, municipal, and other laws, ordinances and regulations in any way relating to the possession, use or maintenance of the EQUIPMENT. If at any time during the term hereof BANK supplies LESSEE with labels, plates or other markings, stating that the EQUIPMENT is owned by BANK, LESSEE shall affix and keep the same upon a prominent place on the EQUIPMENT. S. INSPECTION BY LESSEE. LESSEE shall inspect the EQUIPMENT within forty-eight (48) hours after receipt thereof. Unless LESSEE within said period of time gives written notice to BANK specifying any defect in or other proper objection to the EQUIPMENT, LESSEE agrees that it shall be conclusively presumed, as between BANK and LESSEE, that LESSEE has fully in- spected and acknowledged that the EQUIPMENT is in good condition and repair, and that LESSEE is satisfied with and has accepted the EQUIPMENT in such good condition and repair. 6. INSPECTION BY BANK. BANK shall at any and all times during business hours have the right to enter into and upon the premises where the EQUIPMENT may be located for the purpose of inspecting the same or observing its use. LESSEE shall give BANK immediate notice of any attachment or other judicial process affecting any item of EQUIPMENT and shall, whenever re- quested by BANK, advise BANK of the exact location of the EQUIPMENT. 7. ALTERATIONS. LESSEE is hereby given the right to make alterations, additions or improvements to the EQUIPMENT, so long as the value of the EQUIPMENT is not reduced thereby. All additions and improvements of whatsoever kind or nature made to the EQUIPMENT shall immediately become the property of BANK and subject to the terms of this lease. 8. MAINTENANCE AND REPAIR. LESSEE, at its own cost and expense, shall keep the EQUIPMENT in good repair, condition and working order and shall furnish any and all parts, mechanisms and devices required to keep the EQUIPMENT in good mechanical and working order. 9. LOSS AND DAMAGE. LESSEE hereby assumes and shall bear risk of loss and damage to the EQUIPMENT from any and every cause whatsoever, whether or not insured. No loss or damage to the EQUIPMENT or any part thereof shall impair any obligation of LESSEE under this lease which shall continue in full force and effect. In the event of loss or damage of any kind whatever to the EQUIPMENT, or any part thereof, LESSEE at the option of BANK sha1L• (a)Place the same in good repair, condition and working order; or (b) Replace the same with like property in good repair, condition and working order;which property shall thereupon become subject to this lease; (c) Pay BANK therefore in cash the"Stipulated Loss Value"as set forth in Schedule A or any subsequent schedules which may hereafter be made a part hereof. Upon such payment this lease shall terminate with respect to the EQUIPMENT or part thereof so paid for and LESSEE thereupon shall become entitled thereto. 10. SURRENDER OF EQUIPMENT. Upon the expiration or earlier termination of this lease, with respect to the EQUIPMENT or any part thereof, LESSEE shall (unless LESSEE has paid BANK in cash the "Stipulated Loss Value" of the EQUIPMENT or any part thereof pursuant to Paragraph 9 hereof) return the same to BANK in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted, in the following manner as may be specified by BANK: (a)By delivering the EQUIPMENT at LESSEE's cost and expense to such place as BANK shall specify within the county in which the same was delivered to LESSEE or to which same was moved with the written consent of BANK; or (b) By loading the EQUIPMENT at LESSEE's cost and expense on board such carrier as BANK shall specify and shipping the same, freight collect, to the destination designated by BANK. 11. INSURANCE. LESSEE, at its own expense, shall maintain the EQUIPMENT insured for such risks and in such amounts as BANK shall require with carriers acceptable to BANK, shall maintain a loss payable endorsement in favor of BANK affording to BANK such additional protection as BANK shall require, and shall maintain liability insurance satisfactory to BANK. Altsuch in- surance shall name BANK and LESSEE as insured, and the policies shall provide that they may not be cancelled or altered without at least ten (10) days' prior written notice to BANK and the loss payable endorsement shall provide that all amounts payable by reason of loss of or damage to the EQUIPMENT shall be payable only to BANK. LESSEE shall deliver to BANK evidence satisfactory to BANK of all such insurance. If loss or damage occurs under circumstances in which LESSEE is not in violation of the terms of any such policies, and if LESSEE has fulfilled its obligations under Paragraph 9 of this lease, and is not otherwise in default under this lease, BANK will pay to LESSEE so much of any insurance proceeds received by BANK as a result of such loss or damage as will fully reimburse LESSEE for the net expense it incurs in fulfilling its obligations under said Paragraph 9. 12. TAXES. LESSEE shall pay and discharge all license fees, assessments and sales, use, property and other tax or taxes now or hereafter imposed by any State, Federal or local government upon the EQUIPMENT ownership, leasing, renting, sale, pos- session or use of the EQUIPMENT whether the same be assessed to BANK or LESSEE, together with any penalties or interest in connection therewith, excepting Federal, State or local governmental taxes, or payments in lieu thereof, imposed upon or measured by income of the BANK. If any tax is, by law, to be assessed or billed to BANK, LESSEE at its expense will do any and all things required to be done by BANK in connection with the levy, assessment, billing or payment of such taxes and is hereby authorized by BANK to act for and on behalf of BANK in any and all such respects; LESSEE will cause all billings of such taxes to BANK to be made to it in care of LESSEE and will from time to time, on request of BANK, submit written evidence of the pay- ment of all of the governmental obligations mentioned in this paragraph. LESSEE will, on any property tax returns required to be filed by it, include the property covered by this lease or any substitutions or additions thereto as property owned by the LESSEE for purposes of tax assessments. It is expressly agreed that LESSEE will not, without obtaining prior written permission of BANK, assert on its behalf, or on behalf of BANK, any immunity from taxation based upon the fact that BANK is a national bank. 13. LESSEE'S FAILURE TO PAY TAXES, INSURANCE, ETC. Should LESSEE fail to make any payment or do any act as herein provided, then BANK shall have the right, but not the obligation, without notice to or demand upon LESSEE, and.without releas- ing LESSEE from any obligation hereunder, to make or do the same, and to pay, purchase, contest or compromise any encum- brance, charge or lien which in the judgment of BANK appears to affect the EQUIPMENT, and in exercising any such rights, incur any liability and expend whatever amounts in its absolute discretion it may deem necessary therefor. All sums so incurred or expended by BANK shall be without demand immediately due and payable by LESSEE and shall bear interest at the rate of ten percent (10%) per annum. 14. INDEMNITY. LESSEE shall indemnify BANK against, and hold BANK harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities, including attorney's fees, arising out of, connected with, or resulting from the EQUIPMENT, including without limitation the manufacture, selection, delivery, possession, use, operation or return the rect. ft 4 • 15. DEPOSIT OF SECURITY. The amount which LESSEE has deposited with BANK as security, if any, as set forth in Schedule A, or any subsequent schedules which may hereafter become a part hereof, shall be as security for LESSEEts obligations hereunder. Said sum may, at BANK's option, be applied to satisfy any such obligation which may be in default, but the making of suchde- posit shall not excuse LESSEE from any such obligation. Any portion of said sum which has not been so applied by BANK will be returned to LESSEE at the termination of this lease. 16, DEFAULT. The occurrence cif any of the following events shall, at the option of BANK, terminate this lease and LESSEE's right to possession of the EQUIPMENT: (a) The nonpayment by LESSEE for a period of ten (10) days of any sum required hereunder to be paid by LESSEE. (b) The default by LESSEE under any other term, covenant or condition of this lease which is not cured within ten (10) days after notice thereof from BAivK. (c) Any affirmative act of insolvency by LESSEE, or the filing by LESSEE of any petition or action under any bankruptcy, re-organization, insolvency or moratorium law, or any other law or laws for the relief of, or relating to, debtors. (d) The filing of any involuntary petition under any bankruptcy rtatute against LESSEE, or the appointment of any receiver or trustee to take possession of the properties of LESSEE, unless such petition or appointment is set aside or withdrawn or ceases to be in effect within sixty (60) days from the date of said filing or appointment, (e) The subjection of any of LESSEEts property to any levy, seizure, assignment, application or sale for or by any creditor or governmental agency. Upon the happening of any of the above events, BANK may without notice to or demand upon LESSEE: (a) Take possession of the EQUIPMENT and lease the same or any portion thereof, for such period, rental, and to such per- sons as BANK shall elect and apply the proceeds of any such renting, after deducting all torts and expenses incurred in connection with the recovery, repair, storage and renting of the EQUIPMENT, in payment of the rent and other obligations due from LESSEE to BANK hereunder, LESSEE remaining responsible for any deficiency, (b) Take possession of the EQUIPMENT and sell the same or any portion thereof at public or private sale and without de- mand or notice of intention to sell, and apply the proceeds of any such sale, after deducting all costs and expenses incurred in connection with the recovery, repair, storage, and sale of the EQUIPMENT and any rentals and other obligations of LESSEE then due hereunder, against the "Stipulated Loss Value" of the EQUIPMENT sold. If the proceeds, after the permitted deduction, are less than the "Stipulated Loss Value", LESSEE shall immediately pay BANK the difference. 17. OFFSET. LESSEE hereby waives any and all existing and future claims and offsets against any rent or other payments due hereunder, and agrees to pay the rent and other amounts due hereunder regardless of any offset or claim which may be asserted by LESSEE or on its behalf, 18. EFFECT OF WAIVER. No delay or omission to exercise any right, power or remedy accruing to BANK upon any breach or default of LESSEE under this lease shall impair any such right, power, or remedy of BANK nor shall it be construed to be a waiver of any such breach or default, or an acquiescence therein, or of or in any similar breach or default thereafter occurring; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default theretofore or thereafter occurring. Any waiver, permit, consent or approval of any kind or character on the part of BANK of any breach or default under this lease, or any waiver on the part of BANK of any provision or condition of this lease, must be in writing andshall be effective only to the extent in such writing specifically set forth. All remedies, either under this lease or by law, or otherwise afforded to BANK, shall be cumulative and not alternative. 19. ATTORNEYS' FEES. In the event of any action at law or suit in equity in relation to this lease, LESSEE, in addition to all other sums which LESSEE may be called upon to pay, will pay to BANK a reasonable sum for its attorneys' fees. 20. ASSIGNMENT. Without the prior written consent of BANK, LESSEE shall not (a) assign, transfer, pledge or hypothecate this lease, the EQUIPMENT or any part thereof, or any interest therein, (b) sublet or lend the EQUIPMENT or any part thereof, or (c) permit the EQUIPMENT or any part thereof to be used by anyone other than LESSEE or LESSEEts employes. BANK may assign its interest, or a part thereof, in this lease. 21. LOCATION OF EQUIPMENT. LESSEE will not, without the prior written consent of BANK, permit the EQUIPMENT to be removed from • na 22. OWNERSHIP. The EQUIPMENT is and shall at all times be and remain, the sole and exclusive property of BANK, and LESSEE shall have no right, title or interest therein or thereto except as expressly set forth in this lease, 23. PERSONAL PROPERTY. The EQUIPMENT is, and shall at all times be and remain, personal property notwithstanding that the EQUIPMENT or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or imbedded in, or permanently resting upon, real property or any building thereon, or attached in any manner to what is permanent as by means of cement, plaster, nails, bolts, screws or otherwise. 24. APPLICABLE LAW. This lease shall be governed by, and construed under the laws of the State of Colorado 25. SUSPENSION OF OBLIGATIONS OF BANK. The obligations of BANK hereunder shall be suspended to the extent that it is hindered or prevented from complying therewith because of labor disturbances, including strikes and lockouts, acts of God, fires, storms, accidents, governmental regulations or interference or any cause whatsoever beyond the control of BANK. 26. LESSEE shall keep books and records in accordance with good accounting practice and shall deliver to BANK financial and profit and loss state- ments in such form and at such times as BANK may require.LESSEE shall permit BANK to examine and audit the books of the business of LESSEE. 27. WARRANTIES.LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF A SIZE,DESIGN,CAPACITY,AND MANUFACTURE SELEC- TED BY LESSEE.BANK IS NOT A MANUFACTURER OF THE EQUIPMENT OR A DEALER IN SIMILAR EQUIPMENT,DOES NOT INSPECT THE EQUIPMENT PRIOR TO DELIVERY TO LESSEE AND HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION,WARRANTY, OR COVENANT, WITH RESPECT TO THE CONDITION, QUALITY, DURABILITY, SUITABILITY,OR MERCHANTABILITY OF THE EQUIPMENT IN ANY RESPECT,OR ANY OTHER REPRESENTATION,WARRANTY OR COVENANT,EXPRESS OR IMPLIED.BANK WILL,HOWEVER,TAKE ANY STEPS REASONABLY WITHIN ITS POWER TO MAKE AVAILABLE TO LESSEE ANY MANUFACTURER'S OR SIMILAR WARRANTY APPLICABLE TO THE EQUIPMENT. BANK SHALL NOT BE LIABLE TO LESSEE FOR ANY LIABILITY, LOSS,OR DAMAGE CAUSED OR ALLEDGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT BY ANY INADEQUACY THEREOF OR DEFICIENCY OR DE- FECT THEREIN OR BY ANY INCIDENT V/HATSOEVER IN CONNECTION THEREWITH. 28. NOTICES. Any communications between BANK and LESSEE, payments, and notices provided herein to be given or made, may be given or made by mailing the same to BANK at Post Office Bnx l Ogg Greeley, Cell nra rin , and to LESSEE at Weld County Courthouse Greeley, Calm-Ran • or to such other addresses as either party may in writing hereafter indicate. IN WITNESS WHEREOF, the parties hereto have executed this lease as of this day of , 19 . THE GRE_E_LEY,NAT NAL BANK Weld County, State OF Cnlnradn LEOsEE di Y. C LORADO 3 BE ate e "51,11,Fir BY - - By By B ��97 • ft. lt Uiur NKUPEREY LEASt stn. ,.. Schedule A A. EQUIPMENT LEASED: Item Number Description DK41B2D313092 1972 Dodge Polara d B. TERM: The term of.this lease shall commence on the date that the EQUIPMENT is delivered to LESSEE and, unless sooner terminated as set forth in the lease, shall expire on duly . 1, 1973 , C. RENT: As rent for the EQUIPMENT, LESSEE shall pay BANK at its Greeley. Colorado Office, the sum of Three Thousand and no/1OO DOLLARS ($ 3000.00 ) payable in 12 successive mnnthl y instalments of$ 250• each, beginning August le 1972 and (first Payment to he prnrated nn nnmbpp of days pri^r to.4ngust- 1, 1972) thereafter. • w._ .. D. USE TAX: Use Tax applicable under this lease transaction in the amount of - na DOLLARS ($ na ) shall be paid by LESSEE to BANK as follows: (S na ) on i (E )on ($ na ) on E. SECURITY DEPOSIT: BANK hereby acknowledges the receipt of na DOLLARS . (S na ) from LESSEE, as a security deposit. F. RENEWAL OPTION: LESSEE is hereby given 1 successive options to renew the lease of which this schedule is a part, for a one (1) year period, upon the same terms and conditions of the lease; provided, however that the rent for the EQUIPMENT during any such renewal period shall be as follows: 1st Yr. S '1000-00 3rd Yr. $ 2nd Yr. S 4th Yr. S payable annually in advance. Said options must be exercised by the giving of a written notice by LESSEE to BANK of LESSEE's intention to exercise the same, not less than sixty(60)days before the expiration of the term of this lease, or any renewal of the lease. G. STIPULATED LOSS VALUE The Stipulated Loss Value of the EQUIPMENT during the successive years of the lease terns shall be as follows: 1st Yr. $1200.00 6th Yr. S 2nd Yr. $ 7th Yr. $ 3rd Yr. $ 8th Yr. $ 4th Yr. $ S Sth Yr. $ y • The Stipulated Loss Value of each item of EQUIPMENT shall be that portion of the total Stipulated Loss Value which equals the percentage which the cost of that item bears to the total cost of the EQUIPMENT. H. SPECIAL CONDITIONS: na APPROVED AND AGREED TO this day of , 19 , as a schedule to that certain lease dated the day of , 19 , by and between the parties hereto, and hereby made a part thereof. THE GREELEY NATIONAL BANK Board of County Commissioners Wal Crain♦•yr States n4 Cr>Zpr•m rip GREELE COLORADO LEns EFL By � I T}� BY By /� n.Q �� TITLE TITL `/�,/7� TITLE TIT✓L By By .49 �7� By TITLE Hello