HomeMy WebLinkAbout730610.tiff —� gt7V/' yd.-7e)
-7
RESOLUTION
WHEREAS, it is the desire of the Board of County Commissioners,
Weld County, Colorado, to lease from McCoy Company, Denver,
Colorado, four (4) motor graders with all appurtenant equipment as per
lease rental agreements attached hereto and made a part hereof by
reference, in accordance with the rental terms as contained therein.
NOW, THEREFORE, BE IT RESOLVED, that the County of Weld,
State of Colorado, agrees to lease from McCoy Company, Denver,
Colorado, the hereinabove mentioned four (4) motor graders and all
appurtenant attached equipment, all as recited in said rental agreements
as submitted.
Dated this 28th day of March, A. D. , 1973.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Glenn K. B llings (absent)
-----)1 q(a., i (-key Protem
U1,
ATTEST:
Clerk the Board a - i�
BYras,��),- Deputy County Clerk
u
APP V7S TO FORM:7.--County Att (/K
orney
y,
730610
McCOY COMPANY
Street Address: 6000 Dahlia Street — C srce City, Colorado L0022
Mail Address: P. O. Box 5188 Termina lex, Denver, Colorado 80217 — Telephone: 2I. 21
RENTAL AGREEMENT
THIS AGREEMENT, made this 10th_ day of 2"^r^1T , 19 13 ,by and between
McCoy Company, hereinafter called the Company, and n1_d T^"atil _
Address: Crcninyt ri'll.crldo 80i?1. '
hereinafter called the Lessee: WITNE SSETH:
For and in consideration of the covenants and agreements to be kept end per--.`erred by the Lessee, including each and
every one of the covenants and agreements included herein and on the reverse side hereof, the Company hereby leases to the
Lessee the following equipment:
MAKE, MODEL AND SERIAL NUMBER
i-Clccrnillar 217 r111e."t Lorin,,^" - Inr':.a1 71. .:33 f•t - -
�!0 3N7
Ta.^ +t(+;in all ;korn rr, Zane;. and . �¢flS1.1 for nr:aChed and bier.oa'ttar :xrl";rw.a.
To be used at or near W(71'1 County, State of__ .a ,..c .'Rda , which, together with all
accessories attached thereto or used in connection therewith are hereinafter referred to as the "Equipment."
The Lessee hereby hires and rents some from the ~" day of March lq_. .
until the ?2`? day of Seat:W.:ber 73 � rdl on
, 19 at and for the rental of $ 6,iJ..; •
plus Sales 'fax of $ —,..;— _, plus Insurance premiums of $ —0.. , Total Rental $ 3.000.00 , for not to ex-
ceed 176 hours of equipment usage time in any one 30 consecutive day period, for the full term of 6 months;
Plus an additional rental payment, for equipment usage time in any one 30 consecutive day period for equipment usage
over 176 hours, of 1, 176th of the average monthly rate for each hour in excess of 176 hours.
During the term of this lease the rental payments shall be paid in advance in accordance with the following schedule
of payments: 1 ()00.00
A. The rental payment for the first 30 consecutive day period shall be $__ "°" for not to exceed 176 hours
of equipment usage time during said period plus additional rental payment for additional equipment usage during said period
as above provided. 1 ��+i0.0ri
B. The rental payment for the second 30 consecutive day period shall be $ s for not to exceed 176 hours
of equipment usage time during said period plus additional rental payment for additional equipment usage during said period
as above provided. 1 r fiCti�•OQ
C. The rental payment for the third 30 consecutive day period shall be $ for not to exceed 176 hours
of equipment usage time during said period plus additional rental payment for additional equipment usage during said period
as above provided.
D. The rental payment for each additional 30 consecutive day period after the third period shall be $ t,:`a0C•OQ
for not to exceed 176 hours of equipment usage time during said period plus additional rental payment for additional equipment
usage during said period as above provided.
B. In the event the rental of this machine is c_nti;:ued ai%er septenber 13, 1:'73
rensal gate shall be $1,000.00 per nonth.
ALL RENTAL PAYMENTS ARE PAYABLE IN ADVANCE. FIRST RENTAL PAYMENT MUST BE PAID BEFORE
EQUIPMENT LEAVES COMPANY'S YARD, OR LESSEE TAKES POSSESSION OF EQUIPMENT.
Covenants, Stipulations and Conditions of this Agreement
Expressly Agreed to by and Between the Lessee and Company
1. THE RENTAL PERIOD. The Rental Period shall commence and shall to he .bused, overloaded, used beyond its capacity,or used in a negligent
coverall time onsumed in transporting the equipment,including the 4ate of °tau cr
legal delivery to a public.carrier for transit to the Lessee and upon return �lll labor materials, parts, repairs and maintenance shall be paid for
of the equipment,the date of legal delivery by such carrier to the Company, in full by the Lessee. This Includes, but is not limited to,all expendable
n'
or if no public carrier is used,shall include the tlflte upon which transit to items such as cable, end bits,cutting edges,anti-freeze,belts and filters.
the Lessee begins rand the date upon which transit from the Lessee ends at CYLINDER HEAD BREAKAGE 19 THE RESPONSIBILITY OF'PHI? LESSEE.
the Company's unloading points. Repairs
Repairs and replacement of parts of:my nature which are made neces-
2. RENEWAL. Lessee � new this Lease from month to month'after ' Y by reason of abuse,overloading,use beyond its capacity,or negligence
the full term hereof by giving at least five(li) days writtennotice to the on the part of the Lessee shall be paid for in full by the Lessee.
Company in:Wynne()and paying said monthly rental,in advance.ouch renmv_ Lessee sill be responsible and pay for any and all tire damage and
als r renewal. all lie the same and conditions i the original
l beyond exceeding ordinary r and lei and for such damage and
t ease.The continued possession use of this+eased equipment or failurew a beyond the divvy the Lessee shall pay for the replacement of the
to return said equipment to Company after the end of the basic term of this tiro or tires if required or the repair of same.
Lease,at the option of the Company,shall constitute a renewal of this Lease The Company shall have the sole and exclusive right to determine which
far an additional month. constitutes abuse of equipment,overloading,use beyond the equipment's ca-
pacify,TRANSPORTATION. The Lessee agrees to payalll � T t Itransp I age and wear thatam d or
dinary nury usage and wear
Cation charges on the equipment from thepoint of shipment to the point of and whether replacement and repair will he required for which Lessee shall
operation, be required to reimburse the Company.
-L. ACCEPTANCE, ICE:EI.AL PAYMENTS.The receipts lYacceptance by the
Lessee agrees to reimburse Company for all expenses as determined
Lessee of said equipment shall constitute acknowledgment that I said equipment by(o I any for any replacement or repair as herein required.
has been accepted and found in good,safe and serviceable condition and fit '1 he Lessee agrees to take goal c e of the equipment and keep same
for use. frt and clear oLillliens,chi imsand eneumbrunces of every kind and nature;
if the equipment should be lost,destroyed,or rendered unfit for service,or
I'hc Lessee shall Pay the rental for the entire rectal period on each
article of equipment listed herein,at the ale therein stipulated and in armnot returned,men the Lessee shall be obligated to pay the Company the full
coNnnce with the following: value thereof,being the value stated in Paragraph f hereof.
(u) Monthly Rental hales shall not be subject to any deductions on uc- The equipment shall not be used in violation of any federal state or mu-
t:0 of any no a working time the month,but the amount of rent payable
i'c p+ statute,other, ordinance or regulation tl shulUe used only in con-
count any fraction f month d tth-b_g' g or end of the Rental Period shall
tie r t i ❑ L_s business. The Lessee shall not nuke any change in
e the monthly rental rate,prorated acco di g to the numbs of calendar clays 'm} o t tl quipm nt.I
in
such fraction 9. U AM AGE TO f(IUIPMP.ET.The Lessee agrees to pay the Company and
OnDailyRental hales shall not be subject any deductions for anynon-
indemnify it for all loss and damages occasioned by fire,theft,flood,
accident, explosion, wreck, an Act of God or any other causes that may
working time in the day and shall bepaiit for each calendar day in the month
ex
eept Sundays and legal holidays upon which the equipment is not operated. odour during the life of this lease,and until the equipment has been returv-
5.
SUBLETTING Without Lh I r to n -onsent of tl C Company,the eit into ll possession of(partially and accepted by it.The equipment value
LeSseea' e not to this l c or any interest hereunder sublet, 1 1r1 l
hi t asequipment, +'sue- .S hall be the true and just basisfor such an adjustment
6 pledge mortgage all o y of the y a d t understood that rentals theretofore paid shall not apply to the pay-
manner,except aS herein p['Cynical,toSua miter or part with the possession, net of suchloss.
custody,or control thereof. INDENINIl OR The E .�agrees to salve harmless and/or fully indem-
(i. MAINTENANCE, REP AIl<a AND LIABILITY OF LESSEE.E.The Lessee
;-fy the Company against all loss damage,claims,expense,penalty and lla-
at the Lessee's expense, to inaintainand return to the company the billy arising from y action on account of any injury,lose or damage to
equipment the t when delivered to it by Company.anti- personal property of y-character occasioned by the operation,tion,handling or
nay wear and tear excepted. I he Lessimagromtot to permit the equipment tru
d n I dim-of the equipment donne the rental period hereof.
(continued on reverse side)
[ tl r ui 'dote et the c t l
9 I�sl It AyCI II I. met,t hall ) t up u 6 6 t ❑ C I
L with fullh I '1 -I t I writing gellyth t Y 'lb
occasioned 1 v fire,theft,R o e t Act of b the till t d 1 II t shall I damage af cl Lease 1 L pro- 1G. e IC I L ❑ g et h op[ to I t bald equipment,
or y other workman's t y o I 6 I P p ty d e In mt C P y Ill h l tl t the
I t 1h C I' Y N I I I I l l LY ti l 1' f th t t L mP11 d ll s not Bh ll 1 ea 4 � }in I t �,o t by t f this Lease. yeah .
h h the t equipment tether, it "1 r t'acceptable 11 t the equip
and t. I h C A Y to in certificate f r c showing. 1 UI CIRQUES performances
C I a cos h C 1 b the essence of I theis e'ceases
pC e 1 y the
e> I Y t f Lessee t t th p. t rmances therein by the L aiver by the l kung,
I[ L a of h' a v i the equipment, has Corn f Y delinquent payment any 1 waiverby the e p'eoY s'
m C e 1 V ns Y sure ll a equipment d boll the of ,any }I provisions hereof shall notconstitute
inadequate Lc am o of any oMer
-ti h expense coverage
by for m purpose [ . to any subsequent t breach f the y
1 for the I 1 .y ) tit a' tl such provisions
determining' d 'mount f r c g q o h elf
in.
herein is valued a value sled l f g 'oh 1 ls \I\\bF eof UA EB The parties he to agree that the Company lb not
to pay 1 'h rte' to work o the m m[ ct [the equipment, r the ge t f d manufacture
and
LABOR r Ills required
b y lab g t ant. pot. o f t t defects material 1 r workman-
fuse
inspection1 I by labor r I heme Company, '} at , pt that Y 6
k violation
i equipment m time f t k r any other .hip :pouts hereby g -
to t any I 19 I AU I the event any [Reverts' 1 c r other tax r shorty
cause 1 y I i t. e v C t nve e 1 all 'f g the equipment.[ 1 L' charges hereafter levied r y,, t public
authority
ri
❑ till IS
ie the l 1 i any up nl y public it 1 p
Ih other I f 't k. the a ee to Dreg I nthe P t p 1 1 this
t h. t 1 th 11 - t n L 6 h t .
e n
the L (; eo [ pay fl Y t Ad s
Vocondition. operators
mutually n d t g Lea d to be nd this
performed and liability hereunder until
11 Mil:PLYING OPk R�1 Olt 1 1 '.I the County, Colorado, and thi Lease shall L 1 cos Itir 1 rpd tors Lo n
d. I. ee 11 Teri p y II P t ee h e ' - l e accepted l y the I o pant and executed by t l proper during the lit l l l Ind ❑ e employ o thee: ty,Colorado.
ape tt perform theirrespectiveI c duties.me Should tl hall b furnish n}
work me I [h equipment,they shall employees of 20. H1IRs ill's Lease shall lour I the benefit f dl binding upon the
l I lI 6 the Rental L 1 the L[ shall 1y them h het personal representatives,successors,and assigns s ftl e parties he e
the Lprovide the with h travel- to.
1 x wages Ihis andlod 6 y days
y'y be agreed In.t see the Lessee d 21. DE1 AUL't L 'see agrees n case f default 1 doh of y of the
L Pp' terms 0 conditions of this Lea t p'y all cost anti penincurred
s Company. Die L ss shall s provide and pay 1 11 l workmen's comp en- d Lease,o any of the terms hereof,incluel—
and P all pas ❑taxes[t4 1lY law 1 applying K to by the G Pt Y enforcing said t 't ing r. bl attorneys fees.
hoI10.1I r 1 k the I will 22 YFSUF this Lease hall b construed Luther the y of the State t
1 11:all of VI ION ip o the termination o[ this Lease, yards of Cot r ado For purposes of determining the venue f bringing 1 et' On to col-
PR
t 111 of the equipment,t transportation ch g prepaid L the y it is
Coy Comp ny at Commerce C ily, Colorado, the to be e so e- lee t this t when due or to ant y other provision r of
Street,
turned s good : 1iti he _Geed by the Lessee,except:me only agreed that this rent Shall be
payable
h attMcCoy
Company,
6 0 Adam County,
o f s 11 1 y ht t remove Co 1 c City,Colorado,
11 Ihsl I(PION PRIX II CL I l'1 - 1 ny the 6 Colorado,at the election of Company.
L cove l l y this L f Co 2y sit Ns the Company c r the right t place o the Leasedequip
-
anti : s y equipment [ elinspection erLL,s the Companyidentifyingnthe L equipment
opinion t deemed for purpose m tappropriatesigns prepared y
4 thing s a right. asequipment being lensed l y McCoy Company and the Lessee covenants d
any tot } liability 1 ly[ agreed that 1 the Lessee fads s, agrees to of remove said ig d gt e term of the Lease r any extension
covenants, fns gre Ientsheei It edpang
t(ll I pat merits or to keep or perform any f the conditions, o[the Lease and farther agrees to inform the Company in the event, or any
k y led to I Lmade,' kept,and performed -
a 1 agreements herein 1 't b. levied v} f the Lessee's en's reason,the sign is removed. shall not be liable Ile any
by the Lessee, T' y ut 24 LIM11A0FON OF LIAB1LIlY The Company of l loudcharacter
propel[},r r thereof appointed the to I petition bankruptcynt for event to the Lessee for any lossdelay, r damage 3
filed ly ragainst e o o it n s L e makes s n assignment its resulting from defects in or efficiency' fequipment hereby leased or
1st then l n such event LF C p Y > - E 'dental breakage thereof or delay delivery to Lessee.
the benefit se o[h' oft otherwise, a
option and I without previous notice' . demand,by l process nt wherever antl 25 REMOVAL "Ph¢equipment shall t and removed
lessee hhxLL notify the Lessor
without
take� possession of ill or n} part [the equipment ❑ prior written comenl of the Lessor.
the po all of Lessee's rightshall under this L a hull forthwithle and of any change of location within the state.
terminate,to 'as liquidated
Lessee thereuponmag pay t fl, Company: 11 t Is the 2B PROVISION s. any provisions hereof contrary t P ohibitedby or invalid
s tor the detention t' r g equipment f l y the -able laws or regulations hall b inapplicable d deemed omit
-
and I I l P t l 6 'g under applicable aprovisions hereof.
1 tear the the equipment,t F d and return test h. [ o but shallot invalidate the b
Lessee representingof the 1 etarnagreementsndconditions herein
and expense incurred in ,n I about the retaking27 Th Len's and the terms,covenants,1 ['or en thereof y Company, t. contained constitute the entire L and Agreement, and o alterations,
are
cl t 6ito attorney's fees l co_ lentos
any action that t may hinstituted for the e of the equipment, amendmentsr modifications of this Lease shallbebinding i unless the enforcementerc f y [the Company's Pohl' 1 loth rmannerthe Company: in writingad signed by all parties hereto and we agree to all the terms and
y s of Company n f [h the forego t' Y other lawful rh tMY all c I t ons herein.
r'l,ht'O[ il :XI cumulativeIle and not alit mauve. LI the E
V(CI Dk.ANC 1: RI CO11bIFNUEU If l' WELD CO, ,.rl
(Signature of Individual or Name of Corporation or Partnership)salesnor
_day oI' B}I
Accepted thus—. _ -- ArA, �31 (Si t-(R L..
19_-- By _A(4),
NI CO OM PANY ---./ By] �l C
(Ifrp rW9v ha signed by a lho - d corporate officers and glue official
By.
title and have sea ed.U owner or partner state which and have all partners
t sign.)
g ) ��- 2> � l! ./ �
Vice-Pre33.den -..N.----r—" '^ J
Date one l�hcskPssee:
title: ' //� .../.�iy. .r�nw 1.
Vitae to Lessee's Signature
Vl LLness t lh R tal Agreement. Yh s Agreement shall not be binding until It is submitted to and duly accepted
McC y t s.I :the right t0 accept or ref Commerce,City,Colorado
I\ Siclo} (ompan}at it h office,8090 U'lhli',l Jh et Co mt R
COLIN 11 lit— 1
aubs0 nth ed before me this
day or — ,19 .B).
Notary Public
tit. Comm.kxpirer— — —
Colorado
SCdtk:OF Adams ss.
coRnly or 73_B C. G. Brown
°O+h day of
Marc ,19 Y
Jubscribed before me this
n officer of McCoy Company,Lessor.
Notary Public
My Con F (-
GUARANTY me company
Rental Agree- terms and covenants of said Lease all ate without
ttho ttlust extensions requiring-vers granted
lv o Ietaa of the
ar Company entering jointly,
o t theforegoing g to proceed against Lessee and 'e aree performance.ny xtn and
s guaranty shall not
meat each of us he a primary hepaobligor,en fly severally i unconditionally 1 Company to Lessee for payment
guarantees ins[ y re yin be discharged or affected by the death of any of the undersigned and shall bind
to the C ompxny the payment when due of ever oral payment } representatives,successors and assigns.F.aeh of us
and installment an a e the peel by the
of the teems and covenants of be our respective heirs,
m be made sect performed by the Lessee.I[any default shall al anytime state that this guaranty is executed to induce the Company to enter into the
ads by Lessee y be clue
under
cantdo Lease andby fully
agree n pay to Com— Rental Agreement.
puny all that may be due nudes said Lease and folly satisfy and perform all
,19_
f xeculed [tits—_ — day of —
Name of Corporation
GU:ARa6FOR
—�--�— . By:
aL\YE OF - 1 ss.
—_
COUSCY or
subscribed and sworn to before me this _dayof _—.19 BY
Notary Public _ _---
MyComm.pxpires.— — —
Stn,et Address: 6000 Dahlia Street — C srce City, Colorado 80022
Mail Address: P. O. Box 5188 Termina. lex, Denver, Colorado 80217 — Telephone: 2f .21
RENTAL AGREEMENT
THIS AGREEMENT, made this ^nth day of March 19 7w ,by and between
McCoy Company, hereinafter called the Company, and 14 r'^^""'r
Address: G•-stelr4. enicretln 8O611
hereinafter called the Lessee: WITNESSETH:
For and in consideration of the covenants and agreements to be kept end performed by the Lessee, including each and
every one of the covenants and agreements included herein and on t'ee reverse side hereof, the Company hereby leases to the
Lessee the following equipment:
MAKE, MODEL AND SERIAL NUMBER
No 14 Mrtor C`vader - cerinl No 12V2077 ( `�— C.G
with 7r39dn cab — feria, Ne. 7160-1
413
-- 'a‘$
Tncleding all arpurtenances and accession, attached and hereafter. aceui:ed.
To be used at or near _.(Told County, State of Colorado , which, together with all
accessories attached thereto or used in connection therewith are hereinafter referred to as the "Equipment."
The Lessee hereby hires and rents same from the 14t1i day of March , 19 73
until the l&th _day of Atlgust .. _ - , 19n, at and for the rental of $ 10,000.00 •
plus Sales Tax of $ —G- , plus Insurance premiums of $ -0- , Total Rental $ 10,000.00 for not to ex-
ceed 176 hours of equipment usage time in any one 30 consecutive day period, for the full term of rJ months;
Plus an additional rental payment, for equipment usage time in any one 30 consecutive day period for equipment usage
over 176 hours, of 1/176th of the average monthly rate for each hour in excess of 176 hours.
During the term of this lease the rental payments shall be paid in advance in accordance with the following schedule
of payments:A. The rental payment for the first 30 consecutive day period shall be $ 2000.00 for not to exceed 176 hours
of equipment usage time during said period plus additional rental payment for additional equipment usage during said period
as above provided. 2000.00 for not to exceed 176 hours
B. The rental payment for the second 30 consecutive day period shall be $
of equipment usage time during said period plus additional rental payment for additional equipment usage during said period
as above provided. ;!QQ�,OQ
C. The rental payment for the third 30 consecutive day period shall be $ for not to exceed 176 hours
of equipment usage time during said period plus additional rental payment for additional equipment usage during said period
as above provided. lQf1Q.00
D. The rental payment for each additional 30 consecutive day period after the third period shall be $
for not to exceed 176 hours of equipment usage time during said period plus additional rental payment for additional equipment
usage during said period as above provided.
E. In the event the rental of this machine is continued after A.u€ust 14th, 1973 the
rental rate shall be $2P000.00 Per month.
ALL RENTAL PAYMENTS ARE PAYABLE IN ADVANCE. FIRST RENTAL PAYMENT MUST BE PAID BEFORE
EQUIPMENT LEAVES COMPANY'S YARD, OR LESSEE TAKES POSSESSION OF EQUIPMENT.
Covenants, Stipulations and Conditions of this Agreement
Expressly Agreed to by and Between the Lessee and Company
1. THE RENTAL PERIOD. Die Rental Period shall commence and shall to be 1 sed oicrloadecl, used beyond its capacity,or used in a negligent
ruse
cover all timeconsumed in transporting the equipment,including 6 the date of All labor, materials, parts, repairs 1 maintenance shall be paid for
legal delivery to a public(farrier for'transit to the Less,,e and pan return in full by the Lessee. This includes, but is not limited to 11 expendable
of the equipment,the date of legal 1livcry by such carrier to the Company, iteink such as utitle, end bits,cutting edges,ant freeze belts and filters.
or if no public cmarea is used,shall-ndutla the daft upon which transit to CYLINDER HEAD BREAKAGE IS THE RESPONSIBILITY OF THE LESSEE.
the Lessee begins and the date upon which transit from the Lessee ends ul. Repairs and replacement or parts of any nature which are made neces—
the Company's unloadin points. y by n'asott ofat overloading,ti'c beyond its capacity,or negligence
L. It F,N U'.YL Lessee y renew this Lase from o H t. month after n the part of the Lessee shall hee paid for in lull by the Lessee.
the full term hereof by giving at feast five(5)days written notice to the Lessee shall be responsible aned pay for any and all lire damage;and
Company in advance and paying 'd monthly rentaL in Avarice.Such renew-wetwet r beyond d exceeding ordinary wear and tear and for such d t r ge and
•als or renewal shall be on the same terms and conditions as the g' ul wear hcyond the ordinkiry the Lessee shall 1'tY for the replacement of the
Lease.fhe continued possession or use of this leased equipment or fkulure tire o tires if required or the repair of s ne
to return said equipment t C o I'ny flea the end I u basic ter f thisThe Company y bb Il have the sole and exclusive right to determine which
Lease,at the option of the Company, shall constitute a renewal of this Lt asc constitutes Muse f equipment overloading, beyond the equipment's ea-
for an additional month. p.wity,negligence, d usage and wear that exceeds ordinary usage and wear
9. 11i:U3POR'1',y'1'ION. The Lessee agrees to pay all loading and transom—
and whether replacement and repair will he required for which Lessee shall
tation charges on the equipment from the point of shipment to the point of be required to reimburbe the Company.
operation. Lessee agrees to reimburse Company pan for all expenses as determined
4 ACC TLLANCI Ii IN FAL IAYYIINTb the receipt andLacceptance by the 1} Co Company for yu replacement.m llaceme repair -herein required.
Lessee of saldeyuipm nL shall consCt to acknowledgment that Bald eynpn c tt the Lesse, agrees to take goad cars of the equipment and keep same
has been accepted and found In good,safe and serviceable condition and Gl fie and clear of ulltieun,claims and encumhrmres of every kind and nature:
for use. i the quipn t should be lost destroyed,or rendered unfit for service,or
1'he Lessee shall pay the eunb,U for the entir,. rental period on each not returned then the Lessee shall he obligated to pay the Company the full
article of equipment listed herein,at the rate therein stipulated'.md in ac—value ktc-
value Hit roof being th•value stated in Paragraph hereof.
cord:ince with the following: ria.equipment shall not be used in violation of any federal state or mu-
(al Monthly Rental It C s shall not be subject to my cleduetions on ac 1.1 statute,order, lydinan e or reguiation:md shaLLbe used only in con-
count of any non work ng time in the month,but the amount of rent pay:IDlc n action with Lessee's business The Lessee .hall not make any change in
for any fraction of a month atbeginning end of the Rental Period shall any of the,equipment.
be the monthly rental rate,prorated L ecor i ng tothe number of calendar days r. Ua1ACi1 Per I?4ELL>MEN'1'.'I he Lessee agrees to pay the Company and
in such fraction. ndemnify it for all loss and damages occasioned by fire,theft,flood,
(b) Daily Rental Rates I II notl 1Poet to any deduetions[or any non-
accident, explobion, wreck an Act of God or any other causes that may
working time n the d y and shall1 1 for each calenciar ivy in the month occur during the life of this lease,and until the equipment.his been return-
except Sundays and legal holidays upon 1 ich the equipment is not operated. d into the oss of Company and accepted by it "1'he equipment value
5. SUBLI PTNC N shout th, prior written consent of the Ca ,any.the 4l Les 60 00
Lessee agrees not to !; this Lease or.my interest) u or sublet, al $ _shall be the true and just l is for such an adjustment
hire out, assign, pledge or mortgage all or any of the equipment,or in any ant I it is understood that rentals theretofore paid shall not apply to the pay-
manner,except kis her provided,to surrender or part with the possession, molt of suchl
¢tody or control thereof. S. INDEMNI FOIL The LeSSee agreesto saveharmless and/or fully indem-
r Id YIN11 NANCE, REPAIRS AND LIABILITY Olf LESSEE.I The Lessee nay the (onuses against all loss,clamage, expense,penalty and Ha-
.tli ees at the Lessee',expense,to maintain and return to the L ompany the bilits arising from any aCtion on atieount of any injury,loss or damage to
equipment the bfOll:IS when deliverra to t by compam,o 1i personal propertt or any char ter()outshine,'hv the operation,handling or
nary wear dal leas Caeeptul Fin,L ,.e Lgrees nettape mit I he equipment I rannportation,t I the equipment during the nl,l period hereof.
(continued on reverse side)
in 6 I(.1\e I Illy I,c. Ito th _ f,III I!ir:
I:ahe with hill uu (d nt,suo g fl 1 net to bud, shall 1 [ P 6 d against the Company unless the aurae shall e in
rr damage d 1 may
c ❑ flood, ,her Rent,Art of boo, 1 'C g "E. I by the Cry my.
or any other that A itduring,t f this L and t pro- in Ill'LE. It is ogre the Nth:t 1 equipmentshall stet,
t [ the Company with publcompensation
liability i and property th state l in- n the Company otherwise, .esseehis no optic t pm chase said r title
to the
and k p [ drage
,or loth limits isf the state laws rapped or other or shall L ct acquire. yew'orship or title[o the
1
in which thetofur equipment leased a being used, at amounts t E so sh w the equipment by EN I of BATMEN Lease.
If tpmy and Lo t haveh C. puny with mrtthe ateeq m In nt o showing. sp Uk:Lthe pe fo anceSt e r e the essence 1t this Least- with r e
If I of h' in the ethe. equipment
f i. r has sF [ to the an f mnquen thereof o u 1 + I the. b: t v d
Leinadssuateee
nsmanc the i Company may insure the cgniemeth and purpose
Companypoi any deheref shea or an
Lessen for the payment } emir(s t b} the Company
e amount f Ar expense h agree qutrec f the i u po e of of any [ hereof sub t breach
myth.C p' } f
detelmtnl vg the t rat of rage require I, q 'Smear leased h provisions s t) any cubs qua nt beeazh of the sane.,or of any othy visions a
he grin Ls valved a4 value slaletl in I*a+ugntph R. Provision hereof.
L0 g or. LABOR DIS P11'1'Es. The Lessee agrees to pay any char for work 19. MANUFACTURER. The parties hereto agree that the Company is not
the of the equipment, th t of said ul ct
inspection by ylabor u nn lh. ComPny,mu at l option,re g
} p th t no waryr }t against patent or latent detect cietects in material or at orkman
-
fuse to doany repair work on the•equipnient to time of strike,Or any other ship or c 1puuily s hereby given
beyond its L 1 Or in violationof any rule Alerting the y 1 nL 19. IANTs. In the event any properly, sales,use or other tot or assess
lh Company yes,ryes the right to remove the equipment I the Job at
time when Els opinion.th µipmenlis in danger because of strikes or DP s r y public charges are her after levied b} any public authority
anyother condition. upon the transaction pr equipment herein specified,or any part thereof,then
Il U PLYING OP ER R ATORS I. 1: otherwise mutually gee 1 i itinK the L agrees to pay any such to t' p demand. Phis'
the Le mm 'h:11 supply ly pat ❑ operators employed the q p tent Lease is de to be performer I any 1'a I illty hereunder d s t Ad s
during the Rental Period, nel shall employ none thereon who are Incompe_ County, Colorado, and this Lease shell not be ensidered in full force unfit
lent to perform their respective duties.' Should the Company furnish any a p[.0 by the C npany and executed: by its proper Mtn el in Adams Coun—
operators r other workmen 1 the. ' they shall 1employees of 6 C Ioeatlo.
d L. during' the Rental Period, and the Lessee shall I'Y them such 20 RPIRS Ih' 1 ease shall m to the 1 [t f 1 I binding upon the
slaty or wages on his regular p ly days and provides them with such travel- tn.heirs,personal repeesantetives, more,and assigns'of the parties here
- K expenses, board and lodging may be agreed between the L and
the Company."fl c Lessee shall pt oveh"tnd pay for all wok e tmpen_ '21. DHPAUL'f. Lessee agrees in case of default of breach of any of the
' lion and all n tern s o conditions of this Lease, to pay all cost'and expenses incurred
pay lay roll taxes required by 1' d applying to
1 operators d workmen. by the C puny enforcing said Lease,or any of the terms hereof,includ
12 "IFREIIN❑lOC Upon the termination of this Lase the Lessee will mgre
asonable attorneys fees.
return all of the equipment transportation charges prepaid to the yards of �� VENUE'. 'Thin Lease shall t construed under the Ina o[the Slate of
McCoy Company at Commerce City, ('olorado, the equipment to be s - Colorado.For purposes of determining the venue for bringing action to col-
t s good : idi caved by the Lessee adept G,only col-
lect this rt when due or to eel c v then provision of this Lease,it is
ordn',vy wars'caused by ordinary use agreed tha.this rent shallbe payable at Mc(oy Company,8900 Dahlia street,
I'2. INS PP:CIIOY PRIVILPGI.. The Company reserves the right to remove Commcroe Uty,Coloead0,and such action ran}be brought(n Adams County,
from s at any time,any equipment covered by this Lease,if in Cant— Colorado,at the election of Company.
pany's neutron it is deemed necessary for purpose of repair or inspection 211. SIGNS. The Company reserves the right to place on the leased equip-
End without any liability for exercising this right. cnt appropriate signs prepared by the Company identifying the equipment
la. REPOSSI'lsslOR PRIVILFGf:. It is agreed that it the Lessee falls to as equipment being leased by McCoy Company and the Lessee covenants and
make any of the letse payments m'tole ep or perform any of the conditions, agrees to not remove said sign duri ng the term of the Lease or any extension
rats,and agreements herein provided to be made,kept,and performed of the Lease and further agrees to'Morro the Company in the event,far any
by the Lessee, or if any execution Or rit be levied on any of the Lessee's n,the s moved.
- tense mr
property,i r thereof be appointedse a petition in bankruptcy be event
t to rATIONthe Less e t Lang to s, The Company shall not be liable in any
the by aI of his
scredi Lessee, or if the Lessee makes C a y assignment for event to the Lessee for any loss,delay, n damage of any kind e character
the benefit of his creditors,then and in such event the Company may,at its exulting from defects In,eo or in efficiency of equipment hereby leased or
option nntl withopossession
of snotice er demaof the d,byequipment
process ant w eof rIry or otherwise, accidental. REMbreakage thereof or delay in delivery to Lessee.
take upon,a llon of see'll any pert of the equipment wherever steamed;and the prior written
Pco equsent of the
shall not be removed etl from the state without
thereupon all of e L lessee's shall thereupon antler this Lease shall any a lth cease and the nylch nge of l c niont of the Lessor,antl Lessee shall notify[he Lessor
terminate,and iqe Lessee shalt torthpay deto the io Company all rentals due of any OVISI of locationprovisions within the State.
hereuLease re as liquientin we damages for the detention,t the equipment by the 40. r applicable l Any revienthereofl be inry applicable
bleand d by ordeemed
invalid
and es repro Encurr we:aand aboutuponthe retakehe equipment,together ntta all costs' under applicable laws'or regulations ether be ainingiprovi and deemed omit—
md expenses incurred, I and about the eemkte of the for c end return Zed herefroea but shall not Invalidate s,covenants,
the remaining provisions hereof.
thereof y the Company,including attorney's fees incurred for consulent,or _ This Lease and the terms,covenants,agreements and d no alts herein
r in uny admen that may be instituted for the recovery like
ma the equipment,or amendmnedents
s or mode ica Entire Lease and shall
end and le alterations,
the exercmeni of any ti the Company's rightagoing n like manner the Company a write g a or signed
y all
p rot oes Lease shall be binding unless same are
may exercise rse in are
with the foregoing alte any other Imvfal remedy..211 welting and signed by all parties hereto and we agree to all the terms and
rights of Cemµmp are cumuLdi pro:md not"Iternfltivt. wnoitlons herein.
Vt(I PI EYE Ii Itl COMSIENIS D BY LESSER
WELD COUNTY
salesman ([Signature of Individual or Name of Corporation or Partnership)
Accepted this _ _din of _ .. _ _ By. /_ /
.19—___ By: l f. J t
(, n1eC O]yO ARP.ASV' a
rlj`/�a•/yY/ ,} ,� B x
IR torport/yj(�n h y ned by aulh" duo I at o officers give official
title and [IaJe s el.If owner or partner state which and have all partners
Vice-President 'ig"1 — .c —
Date signer( ssee: � '
vrace c u Imes, w't 9�t Lessee's Signature
} I' v th right t accept o eject this Rental 1 Agreement. This Agreement shale not be binding until it is submitted to and duly accepted
IR NU C oy Company at its home orfec,5000 Dahlia street Commerce Clt} Colorado.
slall Or I,so.
COUNTS()I'
subscribed before me this _day of_ , 19_.By
My Comm.Fxpires: Notary Public
SI V IF ok___C_O_IarsadO_ sa.
e)LNTy Ol: Adams
sabaera,etl ac'n'e me this 20th day of March 19_73.By C. G. Brown
,an officer of McCoy Company, Lessor.
My Comm.Gcpirew Notary Public
GUARANTY
In consideration of the company entering into the foregoing Rental Agree- terms and covenants of said Lease all without first requiring the Company
rent etch of us as a primary obligor,Jointly,severally and unconditionally to proceed against Lessee and we agree to any extensions and waivers granted
guarantees to the Company the payment when due of every rental payment by Company to Lessee for payment or performance.This guaranty shell not
and installment and the performance of the terms and covenants of the Lease be discharged or affected by the death of any of the undersigned and shall bind
to be made and performed by the Lessee.If any default shall at anytime be our respective hen's, representatives,smcessors and assigns.Each of us
made by Lessee the undersigned tlo hereby promise and agree to pay to Com- state that this guaranty is executed to induce the Company to enter into the
piny all that may be due under said Lease and fully satisfy and perform all Rental Agreement.
Executed this day of ,19
Name of Corporation
'NIS\WU\L
By:GI:ARAN TOR; -
__- By:
sl ATI OF _
ss.
COUP II OF
subscribed nntl sworn to before me this day of - _ ,19 By
My Comm. Expires: .__. __.__-. Notary Public
Street Address: 6000 Dahlia Street — C erce City, Colorado 80022
Mail Address: P. O. Box 5188 Termina, Iex, Denver, Colorado 80217 — Telephone: 2. ,21
RENTAL AGREEMENT
THIS AGREEMENT, made this 70th day of March , 19 73 ,by and between
McCoy Company, hereinafter called the Company, and Weld County
Address: Greeley, Colorado 80531
hereinafter called the Lessee: WITNESSETH:
For and in consideration of the covenants and agreements to be kept and performed by the Lessee, including each and
every one of the covenants and agreements included herein and on the reverse side hereof, the Company hereby leases to the
Lessee the following equipment:
MAKE, MODEL AND SERIAL NUMBER
« 2 Motor trader — Serial No. 1385039 (G-/-//- D�' - `
-^
��� -
Including all appurtenances and accessions attached and hereafter acquired.
To 6e used at or near Weld County, State of Colorado , which, together with all
accessories attached thereto or used in connection therewith are hereinafter referred to as the "Equipment."
The Lessee hereby hires and rents same from the 28th day of February 19 73
until the 28th day of July __ _ , 19.73, at and for the rental of $ 7500.00
plus Sales Tax of $ —0- , plus Insurance premiums of $ —0'• _ , Total Rental $ 7500.00 , for not to ex-
ceed 176 hours of equipment usage time in any one 30 consecutive day period, for the full term of. 5 months;
Plus an additional rental payment, for equipment usage time in any one 30 consecutive day period for equipment usage
over 176 hours, of 1/176th of the average monthly rate for each hour in excess of 176 hours.
During the term of this lease the rental payments shall be paid in advance in accordance with the following schedule
of payments: 1500.00
A. The rental payment for the first 30 consecutive day period shall be $_ for not to exceed 176 hours
of equipment usage time during said period plus additional rental payment for additional equipment usage during said period
as above provided. 1500.00
B. The rental payment for the second 30 consecutive day period shall be $ for not to exceed 176 hours
of equipment usage time during said period plus additional rental payment for additional equipment usage during said period
as above provided. 1500.00
C. The rental payment for the third 30 consecutive day period shall be $ for not to exceed 176 hours
of equipment usage time during said period plus additional rental payment for additional equipment usage during said period
as above provided. 1500.00
D. The rental payment for each additional 30 consecutive day period after the third period shall be $
for not to exceed 176 hours of equipment usage time during said period plus additional rental payment for additional equipment
usage during said period as above provided.
R. In the event the rental of this machine is continued after July 28, 1973
the rental rate shell be $1500.00 per month.
ALL RENTAL PAYMENTS ARE PAYABLE IN ADVANCE. FIRST RENTAL PAYMENT MUST BE PAID BEFORE
EQUIPMENT LEAVES COMPANY'S YARD, OR LESSEE TAKES POSSESSION OF EQUIPMENT.
Covenants, Stipulations and Conditions of this Agreement
Expressly Agreed to by and Between the Lessee and Company
to I'° abused, overloaded, used beyond its capacity,or used in a negligent
L. THE RENTAL PERIOD. The Rental Period shall e.ommence and shall
manner.
r
cover all time consumed e n transporting the equipment, l e g the elate of
legal delivery to a pub= carrier for transit to the Lessee and upon returnin All L,bor, materials, parts pairs and maintenance It 1 e paid for
of the equipment,the date of legal delivery by such carrier to the Company, lull 1 y the Lessee. 'this includes, but not limited to,all expendable
or if m public carrier h used, shat include the dot=upon which lrunsiL to items such as cable, end bite cutting edge',anti—freeze,belts and filters.
the Lessee begins and the late upon y hoh transit from the Leases rods at
CYLIEBER III AD BREAKAGE IS=Mlle RESPONSIBILITY OF TIIE LESSEE.
the Company's unloading points. R and replacement of parts of any nature which r mate neces-
2. RENl At AL L renew this Lease front LLI t monthafter } 1 r f overloading, c beyond t capacity,o negligence
the full term hereof by giving at least five (5)days written notice to the o the part of the Lessee-hall be p ❑for full by y the Lessee.
Company n advance=and paying said monthly rental,' advance.Such r — L...c doll t responsible d pay f any 1 all tire damage and
ills or renewal shall be on the same terms and conditions:s tl original
wear beyond andexceeding ordinary r and tear and for such damage and
Lcase.'Checontinued possession. in e of this leasedequipment f-Lure ° t beyond the ordinary the I hill pay for the replacement of the
stire or tire., if required or the repair of same.
to return said equipmentto Company after the end of the basic term 1 alas
'the Company shall have the vole and exclu" t right to determine which
Lease,at the option of tile Company, shall constitute way el this Lease
_
[or an additional month constitutes au of lull ent ov 90 ding u c,and th q ipn c t ca
3. TRANSPORTATION. The Lessee agrees to pay all loading;and Lranspor 1 f} negligence, d ',;e and that exceeds ordinary u usage and ear
Ration charges on the equipment from the. point of shipment to the point of a whether replacement and repair will be required for which Lessee shall
operation. I 1 to reimburse the Conl ny
-1 ACLL I,"ANCP HEN Al. 1 qkl EN Ts.s.'Iherece t 1 acceptance t' -tl 1 t C 'I [ W reimburse Company f all expenses is determined
IvCompany t
Lessee of said equipment shall Coa.titnte acknowledgment that said equipment
YrepLacomento repair ash e re� ed u
has been accepted and found good,safe and serviceable condition and fit the Lessee. ague.: to take good care f the equip '1 and keep some
for use f 1 1 all liens,claims and encumbrances an f every kind d nature:
the Lessee shall pay [h rental f. th• emir t t.1 period ,.b f tl q p t should I I Lost d l y_d,oLrenderer,unfit f service,or
article of equipment listed herein,at the rule therein stipulated and in c- t I,then the.Lessee shall b obligated to pay the Company the full
cordanoc with the following: value thereof,bung the value stated in Paragraph 7 hereof.
(a) Monthly Rental hates shall noL be subject to any deductions on.m_
11 equipment -1:11 of be used- vioL Coo of y federal state or mu-
count of anynon-working time in the month,but the amount of rent payable al I:Lstatute, le ordinance or regulation Ishullb d only in con-
for any fraction of a month at the beginning or end of bin Rental Period shall t lM1 I 1 usicess The Lessee shall not make any change in
be the month rental t prorated according tothe numbed.of calendar days } of the equipment.
h a
DAMAGE TO 1(yl Il MI NT 1h- Leaf q, -to pay the Company and
in such fraction. indemnify it for all 10S, and damages occasioned by fie,theft,flood,
s (b) Daily Rental hates shall not be subject toany deductions for any non-
working time in the day and shall bep id for each calendar day in the month do L .LI reek, an tCR of God or any other c¢usee that may
except Sundays ul legal holidays upon which the equipment nit is not operated. occur
5. the life.of this lease and until the equipment has been return-
s SUBLECIING. M ithoutth' prior writtenconet ot the Company,the 3IU•LI
ullin of Company'endaccepted by R.The equipment value
9 a Lessee agreesnot to assign this Lease=on any interest rvterc't hereunder r or sublet of,s 31,t hall be the true and just basisfor such an adjustment
hire out, assign, pledge or mortgage all or any of t=he equipment,or in any and It is understood that rentals theretofore paid shall not apply to the pay-
manner,except as hereto provided,to surrender or part with the possession, ment of such loss.
custody, or control thereof. v. INDLkINITOR.The Lessee agrees to save harmless and/or fully Indem-
C. MAINTENANCE, ItLCUlts V6D LIABILITY OF LESSEE. TI Lessee nift the Company.gainst:dl loss,damage,claims,expense,penalty and Ga-
agre at the Lessee's expense,to maintain.and return to the Company the= I 1 h ,; from my action on account of any injury,loss or damage to
equipment in the s.ame conditio s when delivered to it by company,aril' I e r: r, t it rte of any character ed by the operation,handling o
nary wear and tear excepted. the Lo: e ragreesnot to perin'I the equ'pnhenl trtit-pnittrint.cl the equipment during the rental period hereof.
icon!+nued on reverse side)
- gr, c no int i tin, I At ill Er I -ill i l l t - I t ov- shall b set t e 1
damage donned lyf theft,flood, rl,oLL,�K t m Company I nr h11 1
or any other oneaccident,Act f Lod, nhng LE. It
is the( yu
that y during t f this 1 11 Pro 16'. CIThL It is \t t the eo I' y 'withpublic l flit' g es title t dequipment se t stew
and ky r liproperty tl t lw pl Company Ie, e h 1 i e h-nq
compensationin ' ay n amounts m l ce ble to the � p[ t t� I
h'eh�che I [ t Ic I I 6 u' I Or In acceptable to the implied otherwise,nor shall Lessee uxlu 'mY ownership or bile.t>the
If I. of this Lease.
I' y 1 I furnish C 1 y it certificate of insurance so showing. 17 Ull INuipment S❑I:virtue
PAYMENT r ssee I t 1covering the equipment,i r L has 1 t the < f this Lease,with
t a t r the ( m nv i P a t [h. performances delinquent
thereof 1 the Lessee, 1 the e 1I by the
I } sure st a 'i t 1 purpose
the Company of my de Lnquent payment
I s f the P which expense h agrees tot pay,f the Y I s l y the Company
the bunt f r, required,
p as d f any provisions nsat rent shall [ constitute_ by theor Company f
determiningoverage requ red,equipment'cased rov provisions as to any subsequent breach of the same,or of any ocher
herein i valued at valor stated in paragraph Z, provision hereof.
1fl LABOR Ir11Ull:S the Lessee agree'to pay any ch g sf work or
1H MAN114'gUIURF.H. The parties h t g that the C p y at
rnsI 't required t. a y I Ih Company,may at its option,re-
thattl of c f the equipment, the agent of saidmanufacturer, 1
} I k [t nt n time of strike,o any other warranty against patent o latent defect in matt nab or workman
-
fuse t
beyond t t I violation t any rule affecting the I 'I menL ship capacity hereby given.
sess-
II Company. v the right ta equipmentthe f the Job a t any
l4 1 AX F:J I the cv vent flsY property le or other f ores t h n topinion,the equipment is in danger because of strikes or t y public charges r hereafter levied by any public.authority
y the' Ito upon the transaction nsaction or equipment herein specified,o y part thereof,then
11 Less,
IS PLYING OP ER R A"1 Otis 1111E otherwise mutually agreed writing the Lessee grew to pay any such taxes oassessments. I I Ph's
supply and pay all operators[orB employ on theequipment' Le". '5 made t he performer l y liability hereunder c" t dU m during the Rental l , shall employ one[haven h comae- Lo ty, Colorado, and this Le shall not lie considered' full f until
t t t perform their respective Should the company furnish any .cepted by thr Company and executed by its proper officer in WarnsC nun-
tent other k f the [h y shall employees of
t e olo d
the 1 e g the Retail Period, the Lessee shall pa [h such 20 IILIR this Lase shall c t the benefit f and be binding' upon the
1' y or wag h., g 1 pay days provld the th ch c vd- h successors,,personal representatives, ,and assigns of the parties here-
saes expenses, board and lodging as may be agreed between the Lessee and to.
the Comp y l h Lessee shall 1 and pay for all w k s mpen_ L1 DF F AUI F. Lessee agree see of default breach M1 f y f the Cou d pay ❑pay roll taxes required by'law rend applying to 1 r conditions of this Lease, to pay ill rots and expenses incurred
h per ll 1 orknr 1 the Company in enforcing said Lease,or any of the terms hereof,include
suc12 IRI1MIN\IION Upon tin termination of this Loose, the Lessee will ing reasonable attorveve fees.
return '.dl of the ryulpme t transportation charges pre!'-1 to the yards of
22 VENUE. 'Phis Lease shall be construed under the laws of the State of
VI C C 1 e C n C Ty Colorado, the spa p L t re- Colorado.For purposes of determining the venue tor bringing action t col-
NI( 1 t'o h 1 by the lees oaring only 1 t this .l when t or to enforce y other provision of this Lease,'1 is
turned in is good I } e :tl y o 1 } agreed that this rent shall bepay bl a t McCoy Company,6000 Dahl street,
li INSI I!e lPUN IHIV ILI•( 1 fh C company reserve the ghtl (o erne City,Colorado,antl haction may be brought in Adams County,
from saki(e t time, n eyu remove
} p t covered b} this Lease. f Com-
panyt Colorado, t the election of Company.
is opiniont is deemed necessaly for purpOse of repair or inspection 23. sIGN9 the lumpany reserves the right to place on the leased equip-
and
tho t any liability for c g this right r tappropriate signs prepared by the Company
19 RLIOSSIs 10N Erna ILII I It is agreed that if the Lessee fails to aequipmentleased McCoy Co identifying covenants
tq is and
k any of U lease payments t k tiering by Y Ian d the Lessee o ee is and
1 or perform any f❑ c f Conn, ofagrees t and emove
further
agrees inform
f mr. ny y extension
c nLe old g [ h provided be be mad[ kept, 1e performed re the Lease d fs rem zees to Ivform the C shoo
by y the Lessee, r if any exec utio h n were[be levied on any of the LesseNa m the � Company in the event,for flay
sign is removed.
property, o " thereof I ipt t beam k s bankruptcy be ev t to
MIT ALess OF' anyloss, la I.o p y shall not b liable many
filed. 1 g t the L 'f the I c Bee makes 'g i for t to the Les (ors lose del the ft f h _ ft then l i such event the C np y c ° damage ip any kind or character
option without u y wi'e. accidental
cc resulting from age the rah or n efficiency f equipment ant hereby leased or
e of 0 demand,ui p ant h of law otherwise. a -1 t a breakage rh thereof edelayl delivery[ Lessee.
take ', o of 11 m y part le the s Leases wher situated,ease
and t kior written
The equipment hall of nc removed from the Slate without
thereupon,all al Lessee's rights under this Lease ahallf ny ill
rcals clue of prior written consent within
Lessor,antl Lessee shall notify the Lessor
terminate,and the Lessee shall thereupon pay Lathe Company all rentals tluc of any change of location wlthly the state.
hereunder as liquidated darn g for the detention of the q lentiythe Sf PROVISIONS. An
I representing and t.. p the Y rr egula hereofhat be inapplicable yto p bet d erne mvalt-
{ of th equi th 11 o rn t 1 ppr bb 1 l regular o h 11 be proves d deemed omit-
andexpensesincurred and about the retaking'fees
of the re equipment and r eturn to I I _ref o a but-hall not invalidate s,covenants,
the '
thereof m the Company, Including' attorney's fees incurred for consultations G TK Lease and the terms,covenants,remaining provisions hereof.
or in y action that may laumlauted f the recovery of the agreements e t and conditions notons herein
the L f the l r g i equipment,t or contained ticonstitute the anti Lc ha met and unless
s bons 1 I' y In like manner try C r pany amendmentsd by modifications p of es Lease shall _binding' llth ea rm s are
y eelsconnection' with the foregoingllteany Other lawful remedy.All in writing t signed b all pasties hereto and we agree to all the terms and
rights o[ComL m ore c nu m! 1St 1nb not alternative. Conditions herein.h y p gr
O.CIPI':ANCI! RICOAIII XIIIiU IlY LE
*� as4:F
:COUNTY
5,desman (Signature of Individual or Name of Corp
oration or Partnership)
Arccptal this Mr't Ol AID:U Yee}' of B,.
By rig
(It corporatio�h2-Y'J sign y Guth ed orporatc officers and give official
and
title have idol.If wner or partner state which and have all partners
1-tle: Vice-president sign) �
Date g } lessee: � ` ' ��
an t ss 1 el-.�C� ::: `,0"-C--------' �.'
VICCor C v lie the to aLessee's signature
Company the fight t - pt or elect this s Rental agreement. flits Agreement shall not be binding until it is submitted to and duly accepted
y McCoy Company at its home office,6000 Dahlia Street Commerce City,Colorado.
hl VIN OF _
COUNTY 01 s's.
Subscribed before me this day of 19
\ly Comm. Ispires:_.. _
Notary Public
5'C:ArE oe Colorado
(ss.
COCN'I Y Of Adams
subscribed before nit this 20th day, of March -. .. ,19 73.By C. G. Brawn
,an officer of McCoy Company,Lessor.
My Comm. Ixprree: Notary Public
GUARANTY
In c onsiderationof the Company mite ringinto thefor going Rental Agree- terms and covenants of satd Lease all without first
reuir the Company
ment em:h of us as' primary obligor,Jointly verall and unconditionally to proceed against Lessee and we agree to any extensions and waiversganted
guarantees to the Company the payment when due of every rental payment by Company to Lessee for payment or performance.'Phi
and installment and the s guaranty shall not
performance Lessee.
terms default
covalt shall
of the Lease be discharged heirs,representatives,
death s,any cof ethe s and undersigned and shall bind
tmade and p for I n the le 'c promise Y land a shall t a yl 1 our respective heirs, [epeexecuted to successor d nssi ll L sse th 1 'g I he 1 senl y s ghee t pay t Com state that this t gas.Each of us
pony 11 the may be dot under said Lease and full satisfy tl guaranty is executed to induce the Company to enter into the
fully y and perform all Rental Agreement.
Hxecutcd this—._ _day of _ ,19
ISUNWU.AL ( _ Name of Corporation
GUAR:ANFOR i
By:
MATE OF'
l ss.
COUNTY OF
Subscribed Rid sworn to before me this day of
, IID— By
My Comvh.l'xPires:_ ___ Notary Public
St..eet Address: 6000 Dahlia Street — C arce City, Colorado 80022 , /
Mpil Address: P. O. Box 5188 Termina, nex, Denver, Colorado 80217 — Telephone: 2. u21 �/
�0t�t RENTAL AGREEMENT
THIS AGREEMENT, made this day of Marc
McCoy Company, hereinafter called the Company, and _ Veld County — ' 19 73 ,by and between
Address: rreeley. Colorado 80631
hereinafter called the Lessee:
WITNESSETH:
For and in consideration of the covenants and agreements to be kept and performed by the Lessee, including each and
every one of the covenants and agreements included herein and on the reverse side hereof, the Company hereby leases to the
Lessee the following equipment:
MAKE, MODEL AND SERIAL NUMBER
1-Caterpillar No. 12 Motor Grader - Serial No. 131;5131 6 "/- 06 - 9"/S
with/9D190 cab - Serial No. J-8-55
nD
# 4) 3
Including; all appurtenances and accessions attached and hereafter acquired.
To be used at or near weld County, State of Colorado
accessories attached thereto or used in connection therewith are hereinafter referred t '.quiche together with all
o as the “Equipment.”
The Lessee hereby hires and rents same from the March �',�
day
until the — - _day of August 7 500.00 19
_�a 197 , at and for the rents of �y r
plus Sales Tax of $_0— _ , plus Insurance premiums of $ $ f1,5b0.00 '
Total Rental for not to ex-
ceed 176 hours of equipment usage time in any one 30 consecutive da 5
y period, for the full term of months;
Plus an additional rental payment, for equipment usage time in any one 30 consecutive day period for equipment usage
over 176 hours, of 1/176th of the average monthly rate for each hour in excess of 176 hours.
During the term of this lease the rental payments shall be paid in advance in accordance with the following schedule
of payments: -
A. The rental payment for the first 30 consecutive day period shall be $ 1,500.00
of equipment usage time during said for not to exceed 176 hours
period plus additional rental payment for additional equipment usage during said period
as above provided.
B. The rental payment for the second 30 consecutive day period shall be 1,500'00
of equipment usage time during said period plus additional rental payment for additional for not to exceed 176 hours
as above provided. equipment usage during said period
C. The rental payment for the third 30 consecutive day period shall be 1,500.00
of equipment usage time during said $ for not to exceed id hours
as above provided. period plus additional rental payment for additional equipment usage during said period
D. The rental payment for each additional 30 consecutive day period after the third period shall be $ 1,500.00
for not to exceed 176 hours of equipment usage time during said period plus additional rental payment for additional equipment
usage during said period as above provided.
E. In the event the rental of this machine is continued after August 2, 1973 the
rental rate shall be $1,500.00 per month.
ALL RENTAL PAYMENTS ARE PAYABLE IN ADVANCE. FIRST RENTAL PAYMENT MUST BE PAID BEFORE
EQUIPMENT LEAVES COMPANY'S YARD, OR LESSEE TAKES POSSESSION OF EQUIPMENT.
Covenants, Stipulations and Conditions of this Agreement
Expressly Agreed to by and Between the Lessee and Company
1 THE RENTAL PERIOD. '1'I Rental Period shall commence: I shall to be abused, overloaded, used beyond its capacity,or used in a negligent
cover11 time consumed in transporting the I p ent,including the date of manner
legal delivery to public 1 for transit t the Lessee d upon return
All Libor,oxmaterials, I parts, repairs and maintenance hall he paid for
of the the date of legal delivery by s such came l the Company,
-n fact v the Lessee. Thisincludes, 1 L not limited to all expendable o 'f o pull carrier isused, h❑ i include the date upon which transit to Lcem such as cattle, end bits, cutting edges,
the. Lessee begins and the date upon which transit from the Lessee ends al CYLINDER HEAD BREAKAGE 4 E IS THE HI SPONSIBILI I'V Opelt� d filters.
th Company's 6 p 01"f HE LESSEE.
p y n unloading i points.
H I I d replacement of parts f any nature which are made ces 2 Ill AE\4.1L Lc np ❑a" L" from month l monthafter `try by y reason of aloverloading, se beyond L capacity,or negligence
the full term he of by giving at least five (o)days written notice to the on the part of the Lessee shall be paid for in full by the Lessee.
Company °advance and paying said monthly Ly rental,mxdvn co.Such r —
Lessee a❑ responsible and pay for any and all tire damage and
is orrenewal shall 1 on the, t 1 conditions the original
"r beyond exceeding ordinary we and tea and for such damage and
Lease.Thecontinued 1 sse ns o sc of this leased equipment failure
r c c I the ordinary the Lesseeshall
pay f the replacement of the
d equipment[o Company after the end of the b t of thisare r t trequired the repair 1same.
to t
Lease,at the option f the Company,shall constitute a renewal of this Le l he Company shall h theole and rluelvo right to determine which
to additional month.
constitutes 1 f equipment, u. e beyond theequipment's ca-
3 IEINsPORIl1ION. The Les" agrees to lay amoadlnr ll - 1"lay, negligence,and usage lwearih'Le elordinaryuag and our
t t charges on the, equipment from the point of shipment le the point f and whether and
oper rt'o p I o 1pair ill be requ r Igor which Lessee shall
'e I c I to ro bu th Company
1 ItCW Lye(I Itt V'1 A1111111 h1'S.The -pt andacceptant,'.1yll 1 g to reimburse Company far till penes as determined
Lessee of said :'I 11constitute,acknowledgmentth that Said equipment by company to v replacement or repair as herein req letl.
for .e has been accepted and found 'good,sett ul serviceable taio.n and L'l i I h L e to take goad c of the equipment and keep same
f andclear Bella a eta ns and eneumt :nee of every k rd dnature;Ih Lessee shall pay LI nt-tfrthentirerentill if theequipmentMrldl lost,destroyed, rent ftfor - rvice, or
article c[ equipment listed herein,:t the rate the rcln stipulated and 'n ace
>t returned, then the L hall be of ligst cl to pry the Company the full
co d e with the following:
hap thereof,being the value stated i Pa C. eq h hereof.
fa) Monthly Dental Bates shall the subject le any deductions ac 11 'equipment shall 011 .used m violation ol y fedoral. state or mu-
o nt of ek'n{;time'n the month,but the amount f t payablecip Lstatute,order,ordinance or regulation and hnllbe used only in con-
for ry fraction of month utthe h r e eelio n with Lessee's ss, business. The Lessee shall not make any change in
1 e thefrctimil rat, beginning end of the Rental I I n' I shall
�. e
monthly : prorated taccordinglo the number of h daysmy of the equipment.
1 n fraction.
DAMAGE TO EQui All NT.the Lessee agrees to pay the Company and
Ill Daily Rental Hates skinnedIsubjectto y,leductto s tor ynon-
accident,len, le t l all to and damages occasi lyfire,theft,Rood,
t me in the, and shall 1 [ c calendar day ❑ month explosion, wreck, Vet of God or any other causes that may
working
e I t Sundays legal I holidays upon 11.1 ❑ equipment ofoperated. occur Ira the life of this lease,and until the equipment has heen return-
except lb iho t d prior consent of the C y the 'al into the possession" t Company and accepted y t the equipment value
5.LesSer agree agreeS not to asSign this Lease or a y interest hereunder or Sublet, 37 370.00 h Lassign, pledge mortgage.all y f the equipment, a n- of s—� - Shall be the true and) st haste for such a adjustment
except herein provided,to surrender r on and stood that rentals theretofore paid thrill not apply to the pay-
manner,Cody,o control thereof.
Part with II possession,e n, ent of such lose,G 1HIIv'CE6a6CF, If Ii P.111tS ,AND LId ISILff I' UP s. llDENINI1-Olt The Lesser agrees to save harmless and/orfullyindem-
LESSf 1 Phi 1.'- fv do Company against t ll loss,damage,claims,expense,penally and lia-
agrees, at the l expense,to maintain andreturn to the C ompanyore Tuts arising from anyaction
equipment the condition e n delivered to at by Company. o to account of any he ,lose operation, tlamage to
n y y<ll and I u excepted. I h I e I I p ty of n 1 a cl r og the vent by the heef. handling or
eagr� of t>permit the cqupma tra asp n r« e,of theequipment tluring the rental period hereof.
(continued on reverse side)
I ❑ (overlay
said
I
er damage 6 I l y[ theft,flood,I I t et I t Act r God,k:insurance to coy- shall I t l urged gu t the Company 1 the shall I
e in
or Y other that Isignediy the C, „y
t_ t the Company with public yoccur
in t f this 1 to pro- in e Co f It s grc s title to said optic equipment purchase
shall esa,
surance and W Y r and property damagean pl Company y Sits al h pt' t p 1 1 e, ( he
in which the compensation ac ,or Inagew the limits of the state lows implied n otherwise,nor shell L wgmr any ownership or tale to the
e rnpany and t furnish Company hI 6 , oral amounts acceptable t the equipment b
� with certificate t ' o f by t f this Lease.
d 1 1 rt haveinsurancei ' : the e s ias sp t to th V1 fo PAYMENT. 1 the i t this Lease,with h
inadequate g the
ant f L lute p i t the performances thereof t v the Lessee, the acceptance 11 the
Lessee for the the Company Y 'n sure th oequipment otl billpurpose
the Company of mY s hereof
payment or
determining [remlum which expense he agrees to pay;for the purpnc of p � � any express tuea by the Company
ing the amount of i coverage required, y provisions hereof sub L constitute a e,tr Company oof
herein is',slued et value stated 6 4 equipment lease) such provisions as to any subsequent branch of the same,or 'f any other
paragraph 7. provision hereof.
In. LABOR Dlnl UILS The 1. agrees to pay any chg f work or
1P MANUFACTURER. The partieshereto agree that the Company's not
I 't I l y labor n. the Company,may [l option, rem th manufacturer f the equipment, the a bent f said manufacturer, end
insy 1 work the in hn of strike, y then that warranty against et patent or latent defects material or workman
-
'use t
cause on its control, t f y tole affecting lh ) mnl. Ship I'Icily is hereby gives
assess-
theC pa the 'ghat theeguipment from the job a t any
15 I ills la the ant any property, sales, e other t twhen, topinion,theequipment1 ' danger Uc tstrikes or m t - y l it charges h_' levied t • y public authority
any th.r o I l up the transaction r equipment herein specified,f y part thereof,then
II UI hLYIaC OI FR 1TOItS Unless otherwise mutual)} agreedi r writing
the.Lessee agrees to pay any such taxes o assessments upon demand.this
the Lessee shall supply i pay y all operators employed the Lease le to he performed y liability hereunder Is n[Adams during the II C I Period, shall 11 employ none thereon -0 a pe_ County, Colorado, and this Lease shall t considered full f mill
t' t t perform their respective duties. Should the Company furnish any
: pted by the Company and executed by itsp per officer in Adams Coun-
operators other k f the they hall lemployees of Colorado.
the 1 g fi Rental Period,I the Lessee shall pay them such LO BURS This Lease shall t [h benefit f be binding
wages h regular pay days and provide then with such travel- heirs,personal representatives,successors,and assigns g upon the
6 '1 board and lodging gns of the parties here
salary or y t agreed bete the Lessee and t
the Company. al 1 shall provide n pay f0 all workmen's mpcn- 21 DEFAULT Lessee agree � f default o' breach f an f the r 1 p- all pay oft raze required by 1' and applying[o t e 9r conditions of this Lease, to pay all costs and expenses incurred
t
h operate d oekmc by the Company m
y to enforcing said Lease,or any of the teems hereof, clud-
l2 TLRMINAtIIID Upon the termination of this Lease, the Lessee will I g enable attorneys fees.
returnall of the transportation charges prepaid to the yards of 22 VENUE. This Lease shall be construed wrier the laws of the State of
} Company} t Co C ty, Colorado,Ib the Levuexcepting
t t DsColorado. f purposes of Bete a g the .n for bringing do to col-
Mc(
L I 1 condition h y ..kt !; city lect this t who due or to enforce y the p ov n of this L
I v di 1 t'.
Y u.' agreed the this rent shall bepay 11 tMcCoy Company,6999 Dahlia Street,
I3 1Anl LC C10A PRIVILEGE.ILI(I Ih C p yr¢aet reserves -6hlt eve Commerce City,Colorado,and uch action may be brought in Adams County,
from l t 3equipment covered by this Lease.5f d Com-
pany's Colorado,at the election of Company
p ' t is deemed necessary for purpose of eel inspection ctian 23 SIGNS the Company reserves the ight to place on the leased equip-
and
without any liability for exercising this right. meth appropriate signs prepared by the Company n identifying the equipment
sT la lad I OSS[nnlON PRIVILEGE.ILI(F It agreed that II' the Lessee fails to as equipment bean leased b McCoy Company n 4 Y y ee quits and
k ;Illy of ll le payments t k g y Y e Y t o Lessee a ants antl
-i perform ke f the performed
one, of es to net remove agree hue infer term of the L e any extension
covenants,aagreements h provided to be made,kept and performed of the Lease and further agrees to inform the Company in the event,for any
by the Lessee, or if any exe,•ution or vT be levied on any of the Lessee's reason,the sign is removed.
property, r thereof be appointed or a petition in bankruptey be 24 LIMITATION OF LIABILITY The Company shall not be liable in any
• filed y or against the Lessee, or if the Lessee makes assignment ent for event to the Lessee for any loss delay, damage of any kind or character
the benefit of his creditors,then 1 in such event the Company may, t its resulting from defects m, or in efficiency
optionandwithoutp 'o notice o demand,t _ i of to Less equipment hereby leased or
take possession f allequipment
i p en 's wherever
1 otherwise. accidental breakage thereof or delay- delivery to Lessee.
thereupon, rights
part of the eq tamest allforthwith
th ease and 25 REMOVAL The equipment shall not be removed from the State without
11 f L -1 L under this Lease shall fo lh th ec and the prior written consent of the Lessor,and Lessee shall notify the Lessor
terminate,t and I the Lessee ha 11 thereupon pay to the Company all rentals due of any change of location within the State hereunder I s liquidated h ag for the detention of the equipment v the 26 PROVISIONS Sn•provisions hereof contrary t Irepresentingy p y prohibited led deemed
invalid n tear of [h equipment,together with all stn under from,bbu laws or t invalidate nlah h 11 be pal ..h otl deer etl omit
n eof t s s I -nJ I t th ch k ng of the ed r t' d .turn red he fr ea,but shall not s,cothegremaining
Ih I l lh C p y t lu l h'tt ey s tees Inc �d t o IC t' ns 2R lh L.a e' tl the terms,c n' t provisions hereot
o any action that may Iinstituted I' the recovery f the
agreements t loalconditions herein
the enforcement of any of the C equipment,t or contained o f t to the entire Lase and shall
enq and m Iterations,
> p' ) ' In lot r l the Company ny in t: modificationsgne of e Lease shall be binding unless same are
y exercise cum tiv the foregoingto any other lawful remedy. All in 'ti and signed h all parties hereto and we agree to all the terms nntl
rights of Company cumulative e and not alternative. g y p
conditions[ n'herein.
AC CF lilo,NC la liECOmMli LADED BY LlSdcE ryU��r��
WELD Ci0NI1
salesman (Signature of Individual or Name of Corporation or Partnership)
lrayncd than
day o _ By:
Mc1:01 rill ASY ,19 _ By: / )) ' C4(-Cid �_1 (7(234(.6‘7
tin
III co 1 ti have"gned by authorized corporate officers nod give official
title and ave sealed.If owner or partner state which and have all partners
r;ne: Vice-President sign.) 7.*"..,_ -
(* " S Date pipit Mt L e i 3 "� �
yy t .---4,-N.55215- c'" '"�T�s,cam-.
11 C y'Company e Witness tot se S gn ture
the right toto accept or reject this Rental Agreement. This Agreement shall not be binding until at as submitted to and duly accepted
la McCoy C9 pan at its home office,6990 Dahlia Street,C ommerce City,Colorado.
srArE of
I s6.
C OUN'rY or'_ -1
subscribed hefore me this day of 19 .1
3y
My Comm. Expires:_ d - Notary Public
S'E kiE OF Colorado
COIIN1 Y OF
Adams as.
Subscribed before me mia _ 20th day of _ March .,19]x.By e. G Brown
,an officer of McCoy Company, Lessor.
My Comm.Expires: Notary Public
GUARANTY
In considerationf the Company entering i nto the foregoing Rental Agree- terms anti covenants of said Lease all without first requiring the Company
ment each of LIS as a primary obligor,jointly,severally and unconditionally to proceed against Lessee and we agree to any extensions and waivers granted
guarantees to the Company the payment when due of every rental payment by Company to Lessee for payment or performance.This guaranty shall not
and installment and the performance of the terms and covenants of the Lease be discharged or affected by the death of any of the undersigned and shall bind
to be made and performed by the Lessee.If any default shall at anytime be our respective heirs, representatives,successors and assigns.Each of us
made by Lessee the undersigned do hereby promise and agree to pay to Cone- state that this guaranty is executed to induce the Company to enter into the
pany all that may be due under said Lease and fully satisfy and perform all Rental Agreement.
Executed this_ _ _ Jay of , 19 ,
INDIVIDUAL Name of Corporation
GUARANTOR By:—
STATE OF
1. ss.
COUETYOF
Subscribed and sworn to before me this _day of— ,19- - By
Sly Comm.Expires:. . Notary Public
Hello