Loading...
HomeMy WebLinkAbout740603.tiff RESOLUTION WHEREAS , it is the desire of the Board of County Commissioners, Weld County, Colorado, to lease from Greeley Mini Lease for the use of the Weld County Department of Human Resources, the following vehicles, to-wit: 1 - 1974 7 passenger Volkswagen Bus, Serial No. 224 2 076 310 1 - 1973 9 passenger Volkswagen, Serial No. 223 2 060 373 1 - 1974 Volkswagen Bus 2211, Serial No. 224 2 077 313 as per motor vehicle lease agreements identified as Exhibits A, B and C respectively, including all attachments and maintenance supplements thereto, said lease agreements identified as Exhibits A. B and C are attached hereto and made a part hereof by ref- erance, for a total lease purchase price for each vehicle in accordance with contracts as follows, to-wit: Vehicle Lease Agreement (Exhibit A) - 1, 257. 27 Vehicle Lease Agreement (Exhibit B) - 1,036. 00 Vehicle Lease Agreement (Exhibit C) - 1,436. 88 NOW, THEREFORE, BE IT RESOLVED, that the County of Weld, State of Colorado, agrees to lease from The Greeley Mini Lease the aforementioned vehicles for the use of the Weld County Department of Human Resources upon all of the terms and conditions as recited in the aforesaid lease agreements attached hereto and made a part hereof by reference. Dated this 16th day of October, A.D. , 1974, nunc pro tunc as of July 1st, 1974 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO / eid ATTEST: 0-/. Weld County Clerk and Recorder and-clerk to the B(ord-, Deputy Count Clerk UUU APPROV.F1 AS TO O1114: Count Attorney Rte3 740603 (0 44 tit /\ Z:57. !, / iJ J 7 _ / • r, VEHICLE LEASE AGREEMENT GREELEY MINI LEASE (Lessor) LESSEE: Weld County_Department of (man Resources (Indicate whether corporation, partnership or sole proprietorship. If partnership or sole proprietorship show full names and D.B.A.) ADDRESS: 228 11th Avenue4 Greeley, Colorado BUSINESS PHONE: 353-4787 --TYPE OF BUSINESS This lease, executed in duplicate, made and entered into this 1st —day of July 19-74— by and between the Greeley Mini Lease, hereinafter referred to as Lessor and Lessee as shown above. Lease S Description of Vehicle Serial S Monthly Rental 1974_Volkswagen Bus - 224_ 2 076 310 179.61 7 passenger Waived Sales cr Use Tax Total Payment —179.61 Equipment included in lease: Standard Equipped 1974 Volkswagen 7 Passenger Bus WITNESSETH That Lessor does hereby lease and let to the Lessee and Lessee does hereby hire and take of and from Lessor the motor vehicle Isl which are described in the above schedules or in the schedules attached hereto and make a part hereof, upon the terms, covenants and conditions herein set forth on the reverse side hereof or attached hereto, and the same are hereby referred to and by this reference incorporated herein as though herein fully set forth. TERM: The term of the Lease shall be for 7 months commencing on the-- day of July -, 19 74 , and terminating on the 1st day of February -T9_ unless sooner terminated as hereinafter set forth. RENTAL: Lessee agrees to pay Lessor the sum of $ , $179.61 - first payment) upon the execution of this lease, and the balance at the rate of $ 379.61_ p- .nth, payment to be mode in equal monthly installments on the 1St day of each and every month beginning August 1 —, 19 74 all payments to be made at the office of Lessor, 3805 W. 10th St., Greeley, Colorado, or at such place or places as Lessor may designate. DEPOSIT: A deposit in the amount of is required upon the execution of this Lease. This deposit will be refunded under the terms of Paragraph 6 of this agreement at the completion of the Lease period. THE WITHIN LEASE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: I. ADDITIONAL RENTAL. Lessee agrees to pay Lessor an additional rental of— .—c per mile in excess of-z0-8-1 miles per month leer;such sum to be due and payable sport-N,o- Sete or upon the termination or prorated upon cancellation of this lease. every 9O days 2. INSURANCE: A. It is mutually agreed the (Lessee - .&.seer( will purchase and furnish full Comprehensive and Collision Insurance on this vehicle and will furnish Loss Payable rider to Greeley Mini Lease. B. The Lessee expressly agrees to idemnify and hold the Lessor free and harmless of, from and against any and all loss, costs, damages, attorney's fees and liability of any kind or nature whatsoever growing out of or resutling from Lessee operation, use and possession of said vehicle. C. (Lessee-Leiser, agrees to purchase and keep in force during the term of this lease proper policies of public liability insur- anc, which shall cover the operation of said vehicle, naming the Lessor and Lessee as insured Parties, such insurance to be in mini- mum amounts as follows: Bodily injury $100,000.00 each person, bodily injury $300,000.00 each accident; property damage $25,000.00, naming Greeley Mini Lease, as additional insured. D. Lessee hereby releases the Lessor from any and all liability for damage alleged to be caused the Lessee because of the failure of said vehicle to transport the Lessee or any of his agents or employees, or the Lessee's property, to a certain destination, within any certain length of time for any purpose whatsoever. E. The Lessee agrees that said vehicle will not be operated or used in violation of any law, or Ordinance, and that it will hold the Lessor harmless for any and all fines, forfeitures, penalties for the violation of any laws or Ordinances arising out of Lessee's use and operation of said vehicle. F. CHANGE IN INSURANCE RATES: When insurance is furnished by Lessor, it is purchased for the Lessee in policy periods of 12 months duration. The rental fee has been computed on current insurance rates. It is hereby understood and agreed that if insurance rates have been increased or decreased at the expiration of the current policy period such increase or decrease will be reflected in the rental rate for the remaining period of the contract. It is further agreed that the adjustment, if any, will be made by an additional cash payment or credit at the expiration of this agreement. G. It is mutually agreed that the Lessor shall not be liable for failure to perform any of its covenants under this lease, if such failure shall have resulted from fire, riot, strike, or other labor trouble, any Government regulation or restriction, or any other causes beyond the control of the Lessor. H. Lessee further agrees to notify Lessor within twelve 112) hours, whenever a leased automobile herein is involvd in on accident, and to notify Lessor and the insurance company immediately in the event any claim is made cr option is commenced for damages on account of bodily injury or property damages resulting from the ownership, maintenance or use of any of the said leased automobiles. 3.USE: Lessee agrees that it will use or permit the use of the Vehicle at any time subject to the terms of this agreement only for lawful purposes and only within the continental limits of the United States and Canada, but in no event shall the Lessee permit the Vehicle to be used to tow or push any vehicle, or for the transportation for hire of any goods or passengers. The Lessee agrees that the Vehicle will at all times be used and operated in a safe and careful manner and under and in compliance with the laws of jurisdiction in which such Vehicle will or may be operated, and in compliance with all lawful acts, rules, regulations, and orders of any commission, boards or other legislative, executive or judicial bodies, or officers having power to regulate or supervise the use of such property. Lessee further agrees that if the Vehicle is impounded by any duly constituted public authority by reason of said Vehicle being used by Lessee, its drivers, agents, or employees, in violation of any Federal, State or Municipal statute, law, regulation, or order, or if Lessor suffers any other damage or expense, or both, because Lessee, its drivers, agents, or employees have used the Ve- hicle for any unlawful purpose, or in an illegal manner, Lessee will reimburse Lessor for any damage and reasonable expense sustained by Lessor and pay all of Lessor's attorney fees necessarily incurred incurred in connection therewith, and the Lessor may at its sole option immediately terminate this Lease Agreement without penalty. 4. MAINTENANCE: The responsibility for proper maintenance shall be assumed by the Lessee. The cost of maintaining each leased automobile in good repair and operating condition shall be borne by Lessee. 1.E•teept-4Miee-+lean-ep...;f..Jlr irern4 •$efeel. Full mechanical maintenance including lubrication, oil changes, 3000 mile maintenance checks and 6000 mil maintenance checks. Maintenance limited to 24,000 miles and does not include fires. Included ------. __ Not included —._A Other Maintenance It is understood that servicing and repair which are to be paid for by Lessor shall be obtained at the garage or service stations designated by Lessor and whenever the need for any such repair or servicing arises, the automobile shall be taken immediately to Bob Markley Volkswagen, Greeley, Colo., unless it is not feasible to do so, in which case the automobile shall be taken to an authorized service station of the manufacturer of the automobile. When the reimbursable repairs or maintenance requirements are less than twenty-five dollas ($25.001 Lessee shall pay fo same and may deduct the cost from the next rental payment due Lessor. If the repairs or maintenance requirements are in excess of twenty-five dollars ($25.001 Lessee shall obtain the consent of Lessor before authorizing the work to be done and in such case arrangements shall be made with the repair facility to forward the bill for services diect to Lessor fo payment. In all instanrces an itemized invoice evidencing the maintenance or repairs shall be forwarded to Lessor at the time of the deduction or request for payment. Fleet discount, if possible, must appear on invoice. 5. Lessee shall povide, at his own expense, all gasoline and oil and anti-freeze for the proper operation or protection of each ve- hicle and such washing, parking, garage, highway or other fees or tolls as may be incurred in connection therewith. 6. Lessee shall return the vehicle to the Lessor upon expiration of the lease term applicable to it at the place where it was received from the Lessor in a like condition, except for ordinary wear and tear. Any abnormal damage to the vehicle at the time of return shall be repaired at the expense of the Lessee. If there is no abnormal damage to the vehicle The deposit shall be refunded. 7. TAXES, LICENSES AND TITLE: Reeser-Lessee) agrees to• provide all necessary Colorado license tags and to pay the ownership tax or similar tax which may hereafter during the term hereof be imposed upon the letting and renting of said motor vehicle(O except that Lessee shall be required to pay at its own cost any fees or taxes which may be imposed with respect to the vehicles as a result of its use in the business conducted by said Lessee. The (Lessee-Suer) agrees to pay any special tax or license fee required by the business of the Lessee, including the ton-mile tax assessed by the State of Colorado, or any other state if such tax is applicable. This agreement is one of leasing only and Lessee shall not have or acquire any right, title, or interest in or to any vehicle except the right to use and operate it as provided in this agreement. 8. CANCELLATION OR OTHER TERMINATION: In the event of default by Lessee under any of the terms and conditions thereof, Lessor may at its option without notice accelerate the balance of the rental for the unexpired term of this lease and Lessee agrees forthwith to pay the aggregate of unpaid rental, and all of Lessors expenses and attorney fees incurred in collecting such amount; and Lessor may at its option immediately repossess said vehicle and Lessee agrees to immediately surrender same; and if Lessor is able to lease some thereafter, Lessor shall be credited with the amount of rental charges to anyone other than Lessee during the balance of the lease term. In the event that Lessee defaults in the performance of any of the terms, conditions, and covenants contoined herein on the port of Lessee to be performed, or in the event of Lessee's bankruptcy, or insolvency, or the institution of proceedings for the re-crganizo- tion of Lessee, this Agreement shall terminate and the Lessor may take possession immediately of the Vehicle leased to the Lessee, with or without process of law, and Lessee hereby authorizes and empowers Lessor, its agents, or attorneys to enter upon any of Lessee's lands or premises for the purpose of taking said immediate possession thereof, and Lessor shall not be liable for such retak- ing of possession. PRE-EXPIRATION TERMINATION: If lessee desire to terminate this agreement prior to its full completion as written, lessee agrees to pay Lessor a penalty of $ 359.22 (amount of two payments) and otherwise comply in full with this agreement. This termination may be effected at anytime duiring the term of this lease by written notice to the Lessor 30 days prior to the effective date of said termination. A pro-ration of milage limitation will also be assessed. 9. LATE PAYMENT PENALTY: In the event that monthly rental payments become delinquent and Lessor does not choose to exercise option under paragraph 8, and since the amount of this Lease is based upon prompt monthly payments, Lessee agrees to pay Lessor a 5% late charge predicated upon 5% of each monthly payment delinquent. A payment will be considered delinquent 15 days after monthly anniversary date. 10. LEASE ASSIGNMENT, AMENDMENT, ETC.: Lessor and lessee agree that this instrument constitutes the entire Agreement be- tween the parties and shall be binding on the respective parties and their respective heirs, executors, administrators, their legal rep- resentatives, successors, and assigns, and that this Agreement shall not be amended or altered in any manner unless such amend- ment be endorsed hereon in writing and signed on behalf of the parties hereto by on executive officer of Lessor and an executive officer of Lessee, if Lessee be a corporation or Lessee in person if not a corporation. Neither this Agreement nor any interest herein may be assigned or sub-let by Lessee without the consent of Lessor thereto in writing. It is understood that Lessor may or may not sell, transfer or assign this lease without prejudice of any terms, covenants, rights incorporated in this issue. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written at LEY I N I LEASE � r - Title '4-1--2 LESSEE �-� .1/% VEHICLE LEASE AGREEMENT // • GREELEY MINI LEASE (Lessor) LESSEE: Weld (county DeDartmeAt of Human Resources 1 Indicate whether corporation, partnership or sole proprietorship. If partnership or sole proprietorship show full names and D.B.A.) ADDRESS: 228 11th Avenue}_S'rreeley, Colorado BUSINESS PHONE:- 353-4787 _ TYPE OF BUSINESS----- This lease, executed in duplicate, made and entered into this- 1st day of_TUl L_ _____1974—_ by and between the Greeley Mini Lease, hereinafter referred to as Lessor and Lessee cs shown above. Lease $ Description of Vehicle Serial Monthly Rental 2 1973 Volkswagen 223 2060 373 1/,8.00 9 Passenger Sales or Use Tax Waived Total Payment ].48.00 • Equipment included in lease: Mileage on this lease as of 1-223-1974 is 25282. Mileage in excess of 25000 miles over and above present mileage will be subject to 3¢ per mile excess mileage charge prorated monthly. WITNESSETH That Lessor does hereby lease and let to the Lessee and Lessee does hereby hire and take of and from Lessor the motor vehicle (s) which are described in the above schedules or in the schedules attached hereto and make a part hereof, upon the terms, covenants and conditions herein set forth on the reverse side hereof or attached hereto, and the some are hereby referred to and by this reference incorporated herein as though herein fully set forth. TERM: The term of the Lease shall be for '7 months commencing on the 1st day of July 19_74.__, and terminating on the 1st day of- February_ , 19-__75 , unless sooner terminated as hereinafter set forth. RENTAL: Lessee agrees to pay Lessor the sum of $1 ,036.00 $ 148. _ first payment) upon the execution of this lease, and the balance at the rate of $148.00 per month, payment to be made in equal monthly installments on the 1st day of each and every month beginning—___ August_ , 1974_, all payments to be made at the office of Lessor, 3805 W. 10th St., Greeley, Colorado, or at such place or places as Lessor may designate. DEPOSIT: A deposit in the amount of is required upon the execution of this Lease. This deposit will be refunded under the terms of Paragraph 6 of this agreement at the completion of the Lease period. THE WITHIN LEASE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. ADDITIONAL RENTAL. Lessee agrees to pay Lessor an additional rental of-3---c per mile in excess of 2083 miles r month +la424 such sum to be due and payable uPes_4+e—a, J t or upon the termination or prorated upon cancellation of this lease. every yu days 2. INSURANCE: A. It is mutually agreed the (Lessee --Loeser will purchase and furnish full Comprehensive and Collision Insurance on this vehicle and will furnish Loss Payable rider to Greeley Mini Lease. B. The Lessee expressly agrees to idemnify and hold the Lessor free and harmless of, from and against any and all loss, costs, damages, attorney's fees and liability of any kind or nature whatsoever growing out of or resutling from Lessee operation, use and possession of said vehicle. C. (Lessee-lam) agrees to purchase and keep in force during the term of this lease proper policies of public liability insur- anc, which shall cover the operation of said vehicle, naming the Lessor and Lessee as insured Parties, such insurance to be in mini- mum amounts as follows: Bodily injury $100,000.00 each person, bodily injury $300,000.00 each accident; property damage $25,000.00, naming Greeley Mini Lease, as additional insured. D. Lessee hereby releases the Lessor from any and all liability for damage alleged to be caused the Lessee because of the failure of said vehicle to transport the Lessee or any of his agents or employees, or the Lessee's property, to a certain destination, within any certain length of time for any purpose whatsoever. E. The Lessee agrees that said vehicle will not be operated or used in violation of any low, or Ordinance, and that it will hold the Lessor harmless for any and all fines, forfeitures, penalties for the violation of any laws or Ordinances arising out of Lessee's use and operation of said vehicle. F. CHANGE IN INSURANCE RATES: When insurance is furnished by Lessor, it is purchased for the Lessee in policy periods of 12 months duration. The rental fee has been computed on current insurance rates. It is hereby understood and agreed that if insurance rates have been increased or decreased at the expiration of the current policy period such increase or decrease will be reflected in the rental rate for the remaining period of the contract. It is further agreed that the adjustment, if any, will be made by an additional cash payment or credit at the expiration of this agreement. G. It is mutually agreed that the Lessor shall not be liable for failure to perform any of its covenants under this lease, if such failure shall have resulted from fire, riot, strike, or other labor trouble, any Government regulation or restriction, or any other causes beyond the control of the Lessor. H. Lessee further agrees to notify Lessor within twelve 112) hours, whenever a leased automobile herein is involvd in an accident, and to notify Lessor and the insurance company immediately in the event any claim is made or action is commenced for damages on account of bodily injury or property damages resulting from the ownership, maintenance or use of any of the said leased automobiles. 3.USE: Lessee agrees that it will use or permit the use of the Vehicle at any time subject to the terms of this agreement only for lawful purposes and only within the continental limits of the United States and Canada, but in no event shall the Lessee permit the Vehicle to be used to tow or push any vehicle, or for the transportation for hire of any goods or passengers. The Lessee agrees that the Vehicle will at all times be used and operated in a safe and careful manner and under and in compliance with the laws of jurisdiction in which such Vehicle will or may be,operated, and in compliance with all lawful acts, rules, regulations, and orders of any commission, boards or other legislative, executive or judicial bodies, or officers having power to regulate or supervise the use of such property. Lessee further agrees that if the Vehicle is impounded by any duly constituted public authority by reason of said Vehicle being used by Lessee, its drivers, agents, or employees, in violation of any 'Federal, State or Municipal statute, law, regulation, or order, or if Lessor suffers any other damage or expense, or both, because Lessee, its drivers, agents, or employees have used the Ve- hicle for any unlawful purpose, or in an illegal manner, Lessee will reimburse Lessor for any damage and reasonable expense sustained by Lessor and pay all of Lessor's attorney fees necessarily incurred incurred in connection therewith, and the Lessor may at its sole option immediately terminate this Lease Agreement without penalty. 4. MAINTENANCE: The responsibility for proper maintenance shall be assumed by the Lessee. The cost of maintaining each leased automobile in good repair and operating condition shall be borne by Lessee. (Laken—these-AemrspeeiFiedfrR i+dvevl. Full mechanical maintenance including lubrication, oil changes, 3000 mile maintenance checks and 6000 mile maintenance checks. Maintenance limited to 24,000 miles and does not include tires. Included . Not included - Other Maintenance - It is understood that servicing and repair which are to be paid for by Lessor shall be obtained at the garage or service stations designated by Lessor and whenever the need for any such repair or servicing arises, the automobile shall be taken immediately to Bob Markley Volkswagen, Greeley, Colo., unless it is not feasible to do so, in which case the automobile shall be taken to an authorized service station of the manufacturer of the automobile. When the reimbursable repairs or maintenance requirements are less than twenty-five dollas ($25.00) Lessee shall pay fo same and may deduct the cost from the next rental payment due Lessor. If the repairs or maintenance requirements are in excess of twenty-five dollars ($25.00) Lessee shall obtain the consent of Lessor before authorizing the work to be done and in such case arrangements shall be made with the repair facility to forward the bill for services diect to Lessor fo payment. In all instonrces an itemized invoice evidencing the maintenance or repairs shall be forwarded to Lessor at the time of the deduction or request for payment. Fleet discount, if possible, must appear on invoice. 5. Lessee shall povide, at his own expense, all gasoline and oil and anti-freeze for the proper operation or protection of each ve- hicle and such washing, parking, garage, highway or other fees or tolls as may be incurred in connection therewith. 6. Lessee shall return the vehicle to the Lessor upon expiration of the lease term applicable to it at the place where it was received from the Lessor in a like condition, except for ordinary wear and tear. Any abnormal damage to the vehicle at the time cf return shall be repaired at-the expense of the Lessee. If there is no abnormal damage to the vehicle The deposit shall be refunded. 7. TAXES, LICENSES AND TITLE: (leseo,-Lessee) agrees to provide all necessary Colorado license tags and to pay the ownership tax or similar tax which may hereafter during the term hereof be imposed upon the letting and renting of said motor vehicle Is) except that Lessee shall be required to pay at its own cost any fees or taxes which may be imposed with respect to the vehicles as a result of its use in the business conducted by said Lessee. The (Lessee-Yeeesd agrees to pay any special tax or license fee required by the business of the Lessee, including the ton-mile tax assessed by the State of Colorado, or any other state if such tax is applicable. This agreement is one of leasing only and Lessee shall not have or acquire any right, title, or interest in or to any vehicle except the right to use and operate it as provided in this agreement. 8. CANCELLATION OR OTHER TERMINATION: In the event of default by Lessee under any of the terms and conditions thereof, Lessor may at its option without notice accelerate the balance of the rental for the unexpired term of this lease and Lessee agrees forthwith to pay the aggregate of unpaid rental, and all of Lessors expenses and attorney fees incurred in collecting such amount; and Lessor may at its option immediately repossess said vehicle and Lessee agrees to immediately surrender same; and if Lessor is able to lease same thereafter, Lessor shall be credited with the amount of rental charges to anyone other than Lessee during the balance of the lease term. In the event that Lessee defaults in the performance of any of the terms, conditions, and covenants contained herein on the part of Lessee to be performed, or in the event of Lessee's bankruptcy, or insolvency, or the institution of proceedings for the re-organiza- tion of Lessee, this Agreement shall terminate and the Lessor may take possession immediately of the Vehicle leased to the Lessee, with or without process of law, and Lessee hereby authorizes and empowers Lessor, its agents, or attorneys to enter upon any of Lessee's lands or premises for the purpose of taking said immediate possession thereof, and Lessor shall not be liable for such retak- ing of possession. PRE-EXPIRATION TERMINATION: If lessee desire to terminate this agreement prior to its full completion as written, lessee agrees to pay Lessor a penalty of $ 296.00 (amount of two payments) and otherwise comply in full with this agreement. This termination may be effected at anytime duiring the term of this lease by written notice to the Lessor 30 days prior to the effective date of said termination. A pro-ration of milage limitation will also be assessed. 9. LATE PAYMENT PENALTY: In the event that monthly rental payments become delinquent and Lessor does not choose to exercise option under paragraph 8, and since the amount of this Lease is based upon prompt monthly payments, Lessee agrees to pay Lessor a 5% late charge predicated upon 5% of each monthly payment delinquent. A payment will be considered delinquent 15 days after monthly anniversary date. 10. LEASE ASSIGNMENT, AMENDMENT, ETC.: Lessor and lessee agree that this instrument constitutes the entire Agreement be- tween the parties and shall be binding on the respective parties and their respective heirs, executors, administrators, their legal rep- resentatives, successors, and assigns, and that this Agreement shall not be amended or altered in any manner unless such amend- ment be endorsed hereon in writing and signed on behalf of the parties hereto by an executive officer of Lessor and an executive officer of Lessee, if Lessee be a corporation or Lessee in person if not a corporation. Neither this Agreement nor any interest herein may be assigned or sub-let by Lessee without the consent of Lessor thereto in writing. It is understood that Lessor may or may not sell, transfer or assign this lease without prejudice of any terms, covenants, rights incorporated in this issue. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written of „GREELEY AN4 I LEASE Title- —_ LESSEE - - X �� VEHICLE LEASE AGREEMENT GREELEY MINI LEASE (Lessor) LESSEE; Weld County Department Of Human Reslurce3___ (Indicate whether corporation, partnership or sole proprietorship. If partnership or sole proprietorship show full names and D.B.A.) ADDRESS: 228 11th Avenue, Greeley, Colorado BUSINESS PHONE: 353-4787 TYPE OF BUSINESS This lease, executed in duplicate, made and entered into this-19t day of--_JTitly 1974, by and between the Greeley Mini Lease, hereinafter referred to as Lessor and Lessee as shown above. Lease # Description of Vehicle Serial 7 Monthly Rental 1974 Volkswagen Bus 2211 224 2 077 313 179.61 Sales cr Use Tax Waived Total Payment 79.61 Equipment included in lease: Radio - Underciating - Headrests - Reclining Rear Seat WITNESSETH ESSETH That Lessor does hereby lease and let to the Lessee and Lessee does hereby hire and take of and from Lessor the motor vehicle (s) which ore described in the above schedules or in the schedules attached hereto and make a part hereof, upon the terms, covenants and conditions herein set forth on the reverse side hereof or attached hereto, and the same are hereby referred to and by this reference incorporated herein as though herein fully set forth. TERM: The term of the Lease shall be for—EL—months commencing on the- 1st day of_July , 1934 and terminating on the 1St day of alarCh�G , nless sooner terminated as hereinafter set forth. RENTAL: Lessee agrees to pay Lessor the sum $ 1,4,36.88 179.61 first payment) upon the execution of this lease, and the balance at the rate of $179.61 -- per month, ent to be mode in equal monthly installments on the 1St day of each and every month beginning All 19 74 , all payments to be made at the office of Lessor, 3805 W. 10th St., Greeley, Colorado, or at such place or places as Lessor may designate. DEPOSIT: A deposit in the amount of —.— is required upon the execution of this Lease. This deposit will be refunded under the terms of Paragraph 6 of this agreement at the completion of the Lease period. THE WITHIN LEASE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. ADDITIONAL RENTAL. Lessee agrees to pay Lessor an additional rental of 3 r per mile in excess of 2083 miles per MOIlthyear, such sum to be due and payable upon the anniversary date or upon the termination or prorated upon cancellation of this lease. 2. INSURANCE: A. It is mutually agreed the (Lessee --be,serl will purchase and furnish full Comprehensive and Collision Insurance on this vehicle and will furnish Loss Payable rider to Greeley Mini Lease. B. The Lessee expressly agrees to idemnify and hold the Lessor tree and harmless of, from and against any and all loss, costs, damages, attorney's fees and liability of any kind or nature whatsoever growing out of or resutling from Lessee operation, use and possession of said vehicle. C. (Lessee-Lama) agrees to purchase and keep in force during the term of this lease proper policies of public liability insur- anc, which shall cover the operation of said vehicle, naming the Lessor and Lessee as insured Parties, such insurance to be in mini- mum amounts as follows: Bodily injury $100,000.00 each person, bodily injury $300,000.00 each accident; property damage $25,000.00, naming Greeley Mini Lease, as additional insured. D. Lessee hereby releases the Lessor from any and all liability for damage alleged to be caused the Lessee because of the failure of said vehicle to transport the Lessee or any of his agents or employees, or the Lessee's property, to a certain destination, within any certain length of time for any purpose whatsoever. E. The Lessee agrees that said vehicle will not be operated or used in violation of any law, or Ordinance, and that it will hold the Lessor harmless for any and all fines, forfeitures, penalties for the violation of any laws or Ordinances arising out of Lessee's use and operation of said vehicle. F. CHANGE IN INSURANCE RATES: When insurance is furnished by Lessor, it is purchased for the Lessee in policy periods of 12 months duration. The rental fee has been computed on current insurance rates. It is hereby understood and agreed that if insurance rates have been increased or decreased at the expiration of the current policy period such increase or decrease will be reflected in the rental rate for the remaining period of the contract. It is further agreed that the adjustment, if any, will be made by on additional cash payment or credit at the expiration of this agreement. G. It is mutually agreed that the Lessor shall not be liable for failure to perform any of its covenants under this lease, if such failure shall have resulted from fire, riot, strike, or other labor trouble, any Government regulation or restriction, or any other causes beyond the control of the Lessor. H. Lessee further agrees to notify Lessor within twelve 112) hours, whenever a leased automobile herein is involvd in an accident, and to notify Lessor and the insurance company immediately in the event any claim is made or action is commenced for damages on account of bodily injury or property damages resulting from the ownership, maintenance or use of any of the said leased automobiles. 3.USE: Lessee agrees that it will use or permit the use of the Vehicle at any time subject to the terms of this agreement only for lawful purposes and only within the continental limits of the United States and Canada, but in no event shall the Lessee permit the Vehicle to be used to tow or push any vehicle, or for the transportation for hire of any goods or passengers. The Lessee agrees that the Vehicle will at all times be used and operated in a safe and careful manner and under and in compliance with the laws of jurisdiction in which such Vehicle will or may be operated, and in compliance with all lawful acts, rules, regulations, and orders of any commission, boards or other legislative, executive or judicial bodies, or officers having power to regulate or supervise the use of such property. Lessee further agrees that if the Vehicle is impounded by any duly constituted public authority by reason of said Vehicle being used by Lessee, its drivers, agents, or employees, in violation of any !Federal, State or Municipal statute, law, regulation, or order, or if Lessor suffers any other damage or expense, or both, because Lessee, its drivers, agents, or employees have used the Ve- hicle for any unlawful purpose, or in an illegal manner, Lessee will reimburse Lessor for any damage and reasonable expense sustained by Lessor and pay all of Lessor's attorney fees necessarily incurred incurred in connection therewith, and the Lessor may at its sole option immediately terminate this Lease Agreement without penalty. 4. MAINTENANCE: The responsibility for proper maintenance shall be assumed by the Lessee. The cost of maintaining each leased automobile in good repair and operating condition shall be borne by Lessee. IL,c..Nt itrosvitenn _,.__...__::pit,m;.ed Imbw Y. Full mechanical maintenance including lubrication, oil changes, 3000 mile maintenance checks and 6000 mile maintenance checks. Maintenance limited to 24,000 miles and does not include tires. Included — . Not included Other Maintenance It is understood that servicing and repair which are to be paid for by Lessor shall be obtained at the garage or service stations designated by Lessor and whenever the need for any such repair or servicing arises, the automobile shall be taken immediately to Bob Markley Volkswagen, Greeley, Colo., unless it is not feasible to do so, in which case the automobile shall be taken to an authorized service station of the manufacturer of the automobile. When the reimbursable repairs or maintenance requirements are less than twenty-five dollos ($25.00) Lessee shall pay fo same and may deduct the cost from the next rental payment due Lessor. If the repairs or maintenance requirements are in excess of twenty-five dollars ($25.00) Lessee shall obtain the consent of Lessor before authorizing the work to be done and in such case arrangements shall be made with the repair facility to forward the bill for services diect to Lessor fo payment. In all instanrces an itemized invoice evidencing the maintenance or repairs shall be forwarded to Lessor at the time of the deduction or request for payment. Fleet discount, if possible, must appear on invoice. 5. Lessee shall povide, at his own expense, all gasoline and oil and anti-freeze for the proper operation or protection of each ve- hicle and such washing, parking, garage, highway or other fees or tolls as may be incurred in connection therewith. 6. Lessee shall return the vehicle to the Lessor upon expiration of the lease term applicable to it at the place where it was received from the Lessor in a like condition, except for ordinary wear and tear. Any abnormal damage to the vehicle at the time of return shall be repaired at the expense of the Lessee. If there is no abnormal damage to the vehicle The deposit shall be refunded. 7. TAXES, LICENSES AND TITLE: +Sesser Lessee) agrees to provide all necessary Colorado license tags and to pay the ownership tax or similar tax which may hereafter during the term hereof be imposed upon the letting and renting of said motor vehicle(s) except that Lessee shall be required to pay at its own cost any fees or taxes which may be imposed with respect to the vehicles as a result of its use in the business conducted by said Lessee. - The (Lessee-Lase al agrees to pay any special tax or license fee required by the business of the Lessee, including the ton-mile tax assessed by the State of Colorado, or any other state if such tax is applicable. This agreement is one of leasing only and Lessee shall not have or acquire any right, title, or interest in or to any vehicle except the right to use and operate it as provided in this agreement. 8. CANCELLATION OR OTHER TERMINATION: In the event of default by Lessee under any of the terms and conditions thereof, Lessor may at its option without notice accelerate the balance of the rental for the unexpired term of this lease and Lessee agrees forthwith to pay the aggregate of unpaid rental, and all of Lessors expenses and attorney fees incurred in collecting such amount; and Lessor may at its option immediately repossess said vehicle and Lessee agrees to immediately surrender same; and if Lessor is able to lease same thereafter, Lessor shall be credited with the amount of rental charges to anyone other than Lessee during the balance of the lease term. In the event that Lessee defaults in the performance of any of the terms, conditions, and covenants contained herein on the part of Lessee to be performed, or in the event of Lessee's bankruptcy, or insolvency, or the institution of proceedings for the re-organiza- tion of Lessee, this Agreement shall terminate and the Lessor may take possession immediately of the Vehicle leased to the Lessee, with or without process of law, and Lessee hereby authorizes and empowers Lessor, its agents, or attorneys to enter upon any of Lessee's lands or premises for the purpose of taking said immediate possession thereof, and Lessor shall not be liable for such retak- ing of possession. PRE-EXPIRATION TERMINATION: If lessee desire to terminate this agreement prior to its full completion as written, lessee agrees to pay Lessor a penalty of $ 359.22 (amount of two payments) and otherwise comply in full with this agreement. This termination may be effected at anytime duiring the term of this lease by written notice to the Lessor 30 days prior to the effective date of said termination. A pro-ration of milage limitation will also be assessed. 9. LATE PAYMENT PENALTY: In the event that monthly rental payments become delinquent and Lessor does not choose to exercise option under paragraph 8, and since the amount of this Lease is based upon prompt monthly payments, Lessee agrees to pay Lessor a 5% late charge predicated upon 5% of each monthly payment delinquent. A payment will be considered delinquent 15 days after monthly anniversary date. 10. LEASE ASSIGNMENT, AMENDMENT, ETC.: Lessor and lessee agree that this instrument constitutes the entire Agreement be- tween the parties and shall be binding on the respective parties and their respective heirs, executors, administrators, their legal rep- resentatives, successors, and assigns, and that this Agreement shall not be amended or altered in any manner unless such amend- ment be endorsed hereon in writing and signed on behalf of the parties hereto by on executive officer of Lessor and an executive officer of Lessee, if Lessee be a corporation or Lessee in person if not a corporation. Neither this Agreement nor any interest herein may be assigned or sub-let by Lessee without the consent of Lessor thereto in writing. It is understood that Lessor may or may not sell, transfer or assign this lease without prejudice of any terms, covenants, rights incorporated in this issue. IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written at r2; /'���/j/�/a7 _Title— ' LESSEE/' ( _� ' m r Hello