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Home My WebLink About750721.tiff RESOLUTION WHEREAS, it is the desire of the Board of County Commissioners, Weld County, Colorado, to lease from Edwards Chevrolet Company, Greeley, Colorado, for the use of the Weld County Planning Department, Building In- spection Department, the following vehicles, to-wit: 1 - 1975 Chevrolet 2-door Sedan, Serial No. 1V77B5U267757, 1 - 1975 Chevrolet 2-door Sedan, Serial No. 1V77B5U225446, as per motor vehicle lease agreements identified as ExhibitsA and B, re- spectively, including all attachments and maintenance supplements thereto, said lease agreements identified as Exhibits A and B respectively, being attached hereto and made a part hereof by reference, for a total lease pur- chase price for each vehicle in accordance with the terms of the hereinabove mentioned contracts, all as contained therein. NOW, THEREFORE, BE IT RESOLVED, that the County of Weld, State of Colorado, agrees to lease from Edwards Chevrolet Company, Greeley, Colorado, the aforementioned vehicles for the use of the Weld County Planning Department, (Building Inspection), upon all of the terms and conditions as recited in the aforementioned lease agreements attached hereto and made a part hereof by reference. Dated this 15th day of October, A,D„ 1975. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO /5. t /JGcr O.r ATTEST: �sy Weld County Clerk and Recorder Clerk to the Boar. Deputy County rk A r+" - I D AS T ORM: C' 'ty tt. -y 750721 cc , 2 H1Q 76.4 • • LEASE AGREEMENT . Edwards Chevrolet Co. This agreement made and entered into this 3rd day of 0ctober19 75 by and between]117100211M212C, whose address Is 721 10th St., Greeley, Colorado hereinafter called the LESSOR and Weld County Board of Commissioners whose address is Greeley�_Color✓ do 80631 hereinafter called the LESSEE 1. PROPERTY COVERED AND TERM: LESSOR does hereby lease to the LESSEE the vehicles described In the schedule below. This Lease shall become effective with respect to each vehicle on the "Delivery Date" for the term for that specific vehicle as set forth in attached schedule and shall continue under lease with respect to each said vehicle until terminated as per vehicle schedule as hereinafter provided. 2. LICENSE, TAXES AND FINES: ±sssee agrees to furnish for each vehicle leased herein, License Plates registered in the name of LESSOR under the laws of the state in which each such vehicle shall be kept. LESSEE agrees to pay any special license or tax required by the business of the LESSEE and to be responsible for any mileage taxes, ton mile taxes, highway or bridge tolls, which may result from the operation of these vehicles. LESSEE agrees to pay all fines imposed by any governmental authority levied upon any vehicle leased hereunder. 3. CARE AND MAINTENANCE AGREEMENT: Lessee agrees to maintain or cause to be maintained in good working condition each vehicle leased hereunder. • - LESSOR shall not provide, furnish or pay for, tF-'cause to be 'furnished, provided or paid for any tires (other than those originally with.Hie vejlicles) gasoline, oil, anti freeze, tire chains washing or storage for any vehicle leased hereunder. LESSEE agrees to keep eachvehicle leased hereunder In good running order and to see that each vehicle is in good -repair and properly serviced and lubricated at intervals of every 1000 to 1250 miles of operation. Lessee wi.l not permit any mechanics lien to attach to the vehicles. All repairs, servicing and lubrication shall be performed at such garages or repair establishments as shall be designated by Lessor. In event the vehicle needs repair and is outside the vicinity of Greeley, Colorado, Lessee shall receive instructions from Lessor by telephone or otherwise as to where said repairs shall be made. LESSOR shall not be responsible for any work, labor or service rendered to any vehicle leased hereunder except such work, labor or service as may have been rendered elsewhere pursuant to prior written consent of LESSOR. 4. USE OF VEHICLE: LESSEE agrees to cause each vehicle to be operated only by a safe and careful driver, who shall be properly licensed and who shall be the agent of the LESSEE only and subject to direction and control of the LESSEE. Upon receipt of written complaint from the LESSOR specifying any reckless or abusive handling of the vehicle or any other incompetence by any driver, LESSEE will immediately remove such driver and substitute a competent driver. LESSEE agrees to reimburse LESSOR in full for damages, including expenses, resulting from reckless or abusive handling of the vehicle by operation off an improved road cr city street, or overloading beyond the load capacity shown in attached schedule. LESSEE agrees not to use any vehicle leased hereunder, illegally, improperly or for hire, or as a public or private carrier, nor remove vehicle from state of Colorado without written consent of LESSOR. 5. FIRE, THEFT, AND COLLISION: Lessee agrees to keep each vehicle leased insured for the term of agreement against damage by Fire, Theft and Collision with limits of deductible. LESSEE agrees to be liable for the sum of the deductible on each vehicle leased in case of loss caused by collision, upset or overturn during the term of this agreement. 6. HOLD HARMLESS: LESSEE agrees to assume all risk and liability for the operating of any vehicle leased hereunder and loss and damage for injuries or death to parsons and damage to property by reason of the operation of any of said vehicles and agrees to hold the LESSOR harmless from any and all such claims, demands, expenses, liabilities, actions, suits and judgments, and also all court costs and counsel fees. 7. INDEMNITY INSURANCE: ' LESSEE agrees to effect, pay for and maintain during the period of this lease agreement indemnity insurance including Public Liability and Property Damage Insurance issued by a responsible company or companies protecting the interests of the parties to this contract against liability for carnage, personal injury or death caused by each vehicle leased hereunder, or its operation, to the extent of $500,000 per accident subject to the limit of $300,000 per person and the sum of $25,000 per accident against liability for damage to property caused by the operation of each vehicle leased hereunder, and the LESSEE agrees that the policy will include the LESSOR as "named assured" and that the LESSEE shall not use or operate the leased vehicle until proper evidence of the existence of such insurance coverage as described in this paragraph has been provided LESSOR. Should any claim be made or any action be commenced against the LESSOR for damage arising from any of the causes covered by insurance referred to in this paragraph, LESSOR agrees immediately to notify LESSEE thereof and LESSEE will conduct the defense of any such claim or action at LESSEE'S expense, including all costs and attorney fees, LESSEE agrees to faithfully comply with all the provisions of any policy of insurance obtained hereunder. It is understood and agreed that in the event of the cancellation of Public, Liability and Property Damage Insurance, under which the terms of this lease agreement is to be provided by the LESSEE'S expense, immediate notice thereof shall be given to LESSOR by the LESSEE and the insurance company so cancelling such insurance, and the use by LESSEE of all vehicles shall cease until all such insurance has been renewed or replaced. 8. INSPECTION: LESSEE agrees to permit LESSOR and/or its agents at all times to Inspect and examine each vehicle leased hereunder. 9. STRIKES, LOCKOUTS, ETC.: The obligation of LESSOR shall be suspended to the extent It has been hindered as prevented from complying therewith by strikes, lockouts, war, Acts of Cod, fires, the elements, governmental regulations, shortage-of materials, and for other causes beyond the reasonable control of LESSOR. 10. ADVERTISEMENT : LESSEE shall have the right at LESSEE'S expense to affix to any vehicle leased hereunder any appropriate advertisement or Insignia indicating that surh vehicle is being used in the service of LESSEE, LESSEE agrees to remove signs or insignias and restore to original on termination of agreement. II. DEFAULT: If the LESSEE.shall default irk any payment hereunder or shall fail to perform at the time and in the manner herein specified any term or covenant hereof, or if a proceeding in bail krupcy, receivership or insolvency be instituted by or against the LESSEE or if any vehicle leased hereunder shall be levied upon or subject to any Writ of attachment, execution or other Writ, or if the LESSEE shall be determined to be an uninsurable risk by any carrier of insurance hereunder, or if any such carrier shall cancel any policy of insurance then and in any of said events, LESSOR at Its option may terminate this lease and take possession-of all vehicles leased hereunder with or without notice. 12. TERMINATION: On the expiration of this agreement, or upon Its sooner termination, LESSEE agrees to deliver up and surrender to the LESSOR each vehicle leased here- under in as good condition as when leased, reasonable wear and tear excepted,and also any appliances or accessories and spare tire as on vehicle when leased. This agreement shall terminate as to any vehicle replaced by LESSOR under this agreement when so replaced and the replacement vehicle shall be subject to all of the terms, covenants and conditions hereof during the remainder of the term of this agreement. Termination of this agreement is defined in attached schedule as "Term" from "Deliver Date." In event LESSEE desires to terminate this lease prior to the end of Its term, LESSEE may do so upon surrender of the vehicle in good condition and repair, ordinary wear and tear excepted, and upon paying LESSOR in one sum, one-half of the rental charge for the remainder of the term of the lease agreement. 13.'MUTUALLY-AGREED:. . -. -_ . _ . . A. Mileage shall be determined fromt speedometer readings, if the speedometer fails to function, the mileage for the period in which the failure occurred shall be estimated by the average mileage from previous 6 months. B. The number of pounds specified under capacity on attached schedule is the maximum load that may be hauled on or in this vehicle according to the capacity of the vehicle. eTh n C. Acceptance of a vehicle in service ti...atitutes an acknowledgment that the vehicle complies worn LESSEE'S specifications, any structural alterations, • special equipment, accessories, or material alteration in, painting, lettering or art work thereafter required by LESSEE shall be made at LESSEE'S expense. D. This agreement shall be binding.,on the parties hereto, their successors, legal representatives and assigns. LESSEE shall promptly notify LESSOR in writing prior to all substantial changes in ownership of LESSEE'S business, QLt LESSEE shall not have the right to assign the agreement or any interest therein without the written consent of LESSOR. - -- - E. The Parties hereto recognize that the rental charged for lease of the vehicle Is exclusive of any sales or use taxes now in force or hereafter imposed and LESSEE agrees to pay in addition to the rent'specified, the amount of such sales or use taxes and any' other new or additional taxes which may be im• posed on the use or operation of said motor vehicle or any increase in existing taxes, including license and registration fees. F. The Parties hereto further agree that the rental charge shall be as per attached schedule due in advan*e'and duo each monthly period after date of delivery until termination of agreement. G. This agreement with attached schedule represents the entire agreement between the parties hereto and no provisions hereof may be waived of modified except by an instrument in writing signed by the parties hereto. ' H. This contract is understood by both parties to be a contract of leasing only, and LESSEE shall not acquire by the payment of the rental chariots) hereunder any right, title or interest in or to the property described herein. SCHEDULE Delivery Make 8 Vehicle Serial Rental Additional Date Year Number Type Number Term Charge Mileage Rate 10/3-75 1975 5 2 Door 1V77B5U267757 10 Months $ 84.00 30/Mile over Chevrolet per Month 60,000 Miles • • • • IN WITNESS WHEREOF, the parties hereto have signed and sealed this instrument, In quadruplicate, on the day and year first above written. Edwards Chevrolet y ILES TITLE fl Steven E. Leyte_ Secretary-.----.--- By Weld County Board of CcmmiasioNers (LEAEE{I • ��"Q�y/�nit:frace.4__Glenn K. Billings, Chairman • ost , Co iabater c _ ictor Jac no © asioner • • ' LEASE AGREEMENT �,, Edwards Chevrolet Company This agreement made and entered Into this 3rd day of Ootob t 19J7 5 by and between sue, whose address is 721 10th St., Greeley, Colorado hereinafter called the LESSOR and Weld County Board of Commissioners whose address Is Creeley,Colorado. 80631 • - - . hereinafter called the LESSEE 1. PROPERTY COVERED AND TERM: LESSOR does hereby lease to the LESSEE the vehicles described in the schedule below. This Lease shall become effective with respect to each vehicle on the "Delivery Date" for the term for that specific vehicle as set forth in attached schedule and shall continue under lease with respect to each said vehicle until terminated as per vehicle schedule as hereinafter provided. 2. LICENSE, TAXES AND FINES: Lessee agrees to furnish for each vehicle leased herein,License Plates registered in the name of LESSOR under the laws of the state in which each such vehicle shall be kept. LESSEE agrees to pay any special license or tax required by the business of the LESSEE and to be responsible for any mileage taxes, ton mile taxes, highway or bridge tolls, which may result from the operation of these vehicles. LESSEE agrees to pay all fines imposed by any governmental authority levied upon any vehicle leased hereunder. 3. CARE.AND MAINTENANCE AGREEMENT: Lessee agrees to maintain or cause to be maintained in good working condition each vehicle leased hereunder. LESSOR shall not provide, furnish or pay for, or cause to be furnished, provided or paid for any tires (other than those originally with thewehktes) gasoline, oil, anti-freeze, tire chairs washing or storage for any vehicle leased hereunder. LESSEE agrees to keep each vehicle leased hereunder in good running order and to see that each vehicle is in good repair and properly serviced and lubricated at Intervals of every 1000 to 1250 miles of operation. Lessee wi.I not permit any mechanics lien to attach to the vehicles. All repairs, servicing and lubrication shall be performed at such garages or repair establishments as shall be designated by Lessor. In event the vehicle needs repair and Is outside the vicinity of Greeley, Colorado, Lessee shall receive instructions from Lessor by telephone or otherwise as to where said repairs shall be made. LESSOR shall not be responsible for any work, labor or service rendered to any vehicle leased hereunder except such work, labor or service as may have been rendered elsewhere pursuant to prior written consent of LESSOR. 1. USE OF VEHICLE: LESSEE agrees to cause each vehicle to be operated only by a safe and careful driver, who shall be properly licensed and who shall be the agent of the LESSEE only and subject to direction and control of the LESSEE. Upon receipt of written complaint from the LESSOR specifying any reckless or abusive handling of the vehicle or any other incompetence by any driver, LESSEE will immediately remove such driver and substitute a competent driver. LESSEE agrees to reimburse LESSOR in full for damages, including expenses, resulting tram reckless or abusive handling of the vehicle by operation off an improved road cr city street, or overloading beyond the load capacity shown in attached schedule. LESSEE agrees not to use any vehicle leased hereunder, illegally, improperly or for hire, or as a public or private carrier, nor remove vehicle from state of Colorado without written consent of LESSOR. 5. FIRE, THEFT, AND COLLISION: .............................._........... agrees to keep each vehicle leased insured for the term of agreement against damage by Fire, Theft and Collision with limits of deductible. LESSEE agrees to be liable for the sum of the deductible on each vehicle leased in case of loss caused by collision, upset or overturn during the term of this agreement. 6. HOLD HARMLESS: LESSEE agrees to assume all risk end liability for the operating of any vehicle leased hereunder and loss and damage for injuries or death to persons and damage to property by reason of the operation of any of said vehicles and agrees to hold the LESSOR harmless from any and all such claims, demands, expenses, liabilities, actions, suits and judgments, and also all court costs and counsel fees. 7. INDEMNITY INSURANCE: LESSEE agrees to effect, pay for and maintain during the period of this lease agreement indemnity Insurance including Public Liability and Property Damage Insurance issued by a responsible company or companies protecting the interests of the parties to this contract against liability for cramage, personal Injury or death caused by each vehicle leased hereunder, or its operation, to the extent of$500,000 per accident subject to the limit of$300,000 per person and the sum of $25,000 per accident against liability for damage to property caused by the operation of each vehicle leased hereunder, and the LESSEE agrees that the policy will include the LESSOR as "named assured" and that the LESSEE shall not use or operate the leased vehicle until proper evidence of the existence of such insurance coverage as described in this paragraph has been provided LESSOR. Should any claim be made or any action be commenced against the LESSOR for damage arising from any of the causes covered by Insurance referred to in this paragraph, LESSOR agrees immediately to notify LESSEE thereof and LESSEE will conduct the defense of any such claim or action at LESSEE'S expense, including all costs and attorney fees, LESSEE agrees to faithfully comply with all the provisions of any policy of insurance obtained hereunder. It Is understood and agreed that in the event of the cancellation of Public, Liability and Property Damage Insurance, under which the terms of this lease agreement is to be provided by the LESSEE'S expense, immediate notice thereof shall be given to LESSOR by the LESSEE and the insurance company so cancelling such insurance, and the use by LESSEE of all vehicles shall cease until all such insurance has been renewed or replaced. 8. INSPECTION: LESSEE agrees to permit LESSOR and/or its agents at all times to inspect and examine each vehicle leased hereunder. 9. STRIKES, LOCKOUTS, ETC.: The obligation of LESSOR shall be suspended to the extent it has been hindered as prevented from complying therewith by strikes, lockouts, war, Acts of God, fires, the elements, governmental regulations, shortage of materials, and for other causes beyond the reasonable control of LESSOR. 10. ADVERTISEMENT : LESSEE shall have the right at LESSEE'S expense to affix to any vehicle leased hereunder any appropriate advertisement or insignia indicating that such vehicle is being used in the service of LESSEE, LESSEE agrees to remove signs or insignias and restore to original on termination of agreement. 11. DEFAULT: If the LESSEE shall default in any payment hereunder or shall fail to perform at the time and in the manner herein specified any term or covenant hereof, or if a proceeding in bankrupcy, receivership or Insolvency be instituted by or against the LESSEE or if any vehicle leased hereunder shall be levied upon or subject to any Writ of attachment, execution or other Writ, or if the LESSEE shall be determined to be an uninsurable risk by any carrier of Insurance hereunder, or if any such carrier shall cancel any policy of insurance then and In any of said events, LESSOR at its option may terminate this lease end take possession of all vehicles leased hereunder with or without notice. 12. TERMINATION: On the expiration of this agreement, or upon Its sooner termination, LESSEE agrees to deliver up and surrender to the LESSOR each vehicle leased here- under in as good condition as when leased, reasonable wear and tear excepted,and also any appliances or accessories and spare tire as on vehicle when leased. This agreement shall terminate as to any vehicle replaced by LESSOR under this agreement when so replaced and the replacement vehicle shall be subject to all of the terms, covenants and conditions hereof during the remainder of the term of this agreement. Termination of this agreement is defined in attached schedule as "Term" from "Deliver Date." In event LESSEE desires to terminate this lease prior to the end of Its term, LESSEE may do so upon surrender of the vehicle in good condition and repair, ordinary wear and tear excepted, and upon paying LESSOR in one sum, one-half of the rental charge for the remainder of the term of the lease agreement. 13. MUTUALLY-AGREED: .._. .._.._ A. Mileage shall be determined.from occurred shall be estimated speedometer readings, If the speedometer fails to function, the mileage for the period in which the failure by the averegd mileage from previous 6 months. B. The number of pounds specified under capacity on attached schedule is the maximum load that may be hauled on or in this vehicle according to the capacity of the vehicle. f f • C. Acceptance of a vehicle in service ccostitutes an acknowledgment that the vehicle complies w„ir LESSEE'S specifications, any structural alterations, . special equipment, accessories, or material alteration in, painting, lettering or art work thereafter required by LESSEE shall be made at 4:6SEE'S e$pense. D. This agreement shall be binding on the parties hereto, their successors, legal representatives and assigns. LESSEE shall promptly notify LESSOR in writing prior to all substantial changes in ownership of LESSEE'S business, but LESSEE shall not have the right to assign the agreement or any interest therein without the written consent.of LESSOR. . - -- E. The Parties hereto recognize that the rental charged for lease of the vehicle is exclusive-of any sales or use taxes now in force or hereafter imposed and LESSEE agrees to pay in addition to the rent specified, the amount of such sales or use taxes and any other new or additional taxes which may be im- posed on the use or operation of said motor vehicle or any increase in existing taxes, including license and registration fees. F. The Parties hereto further agree that the rental charge shall be as per attached schedule due in advahce and due each monthly period after date of delivery until termination of agreement. G. This agreement with attached schedule represents the entire agreement between the parties hereto and no provisions hereof may be waived or modified except by an instrument in writing signed by the parties hereto. H. This contract is understood by both parties to be a contract of leasing only, and LESSEE shall not acquire by the payment of the rental chargers) hereunder any right, title or interest in or to the property described herein. SCHEDULE Delivery Male & Vehiele I Serial Rental Additional Dale Year Number TYM Number Term Charge Mileage Rah 10/3-75 1975 G 2 Door 1977858225446 36 Months $ 87.00 30/Mile over evrolet per Month 60,000 Miles IN WITNESS WHEREOF, the parties hereto have signed and sealed this Instrument, In quadruplicate, on the day and ear first above written. Edwards let any aS9OSEME By — — — µ1LE5'sRl TITLE' Secretary -. By Weld County Board of Commissi ers (LESSEEE)r,(/,r t a4es Glenn B. Billings, Chairman Ro s ossLiesioner Victor Jac ucc ommissioner Hello