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Home My WebLink About780622.tiff RESOLUTION RE: APPROVAL OF LEASE AGREEMENTS BY AND BETWEEN WELD COUNTY, COLORADO, LESSEE, AND H.W. MOORE EQUIPMENT COMPANY, 5990 DAHLIA STREET, COMMERCE CITY, COLORADO 80022 , LESSOR. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, it has been brought to the attention of the Board of County Commissioners of Weld County, Colorado, that there is a need to lease two Bomag machines to increase the efficiency of the Road and Bridge Department, and WHEREAS, there has been cause to be submitted two Lease Agreements between Weld County, Colorado as Lessee, and H.W. Moore Equipment Company, as Lessor providing for one new Bomag Model 220A Tandem Vibratory Ashphalt Roller complete with GMC 6V-53 Diesel Engine, and all Standard Equipment and one new Bomag Model Mph-100 Soil Stabilizer with GMC 8-V-71 N Diesel Power, including asphalt additive system--Hydraulic driven recirculating system, spray bar with nozzles, hoses and controls , with a new set of premium grade cutting teeth installed Serial #85174 for a period of four (4) months at the monthly rate of $2 ,250. 00, and WHEREAS , the Board of County Commissioners of Weld County, Colorado, believes it to be in the best interest of the County, to enter into said Lease Agreements. NOW, THEREFORE, BE IT RESOLVED that the two (2) Lease Agreements between Weld County, Colorado as Lessee and H.W. Moore Equipment Company, 5990 Dahlia Street, Commerce City, Colorado 80022 , Lessor, which are attached hereto and made a part hereof by reference, be, and hereby are, approved. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners , be and hereby is , authorized to sign and execute the said Lease Agreements. GO0' Sk 780622 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 30th day of June, A.D. , 1978. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Yfr> 77° Ain ATTEST: '.A.AA. )` Weld County Clerk and Recorder and—Cl rk to the Board €,.(r fr.6 L CD e --i Deputy County -- , / AP RAnte-ea ' D AS T(:), 7Pra ( t-2 County Attorney Attorney Date Presented: July 26 , 1978 LEASE AGREEr1Er 7" ,_ H. W. Moore Equipment Company LESSE: i ,-t LESSOR: . vh I ; Are ' 1 5 (1 L 'U ' Co U.A/ j l ' w H.W.MOORE EQUIPMENT COMPANY c • Cr) i .14)0 Sae 7 6990 Dahlia Street ' ) Street Ad ress Commerce City,Colorado 80022 APLL c/{ �., 1 City State DESCRIPTION OF LEASED EQUIPMENT t. QUANTITY (Show: Make, Kind,Model No.,Serial No., VALUE Js// ,,J/'{,�] Other Identification,and whether th new or used) ,rn/�j �// /^ frt. 64 ,YR tr• AsPh,p4 r• ; £/ h „ �� /e/e "Gv, c fir/f. '"! (/,5;3 G�ie se.Z .v9',vie 4 44 �S1-9 At of s+4 cil r e4;/a 74-,ev r . LOCATION OF EQUIPMENT(If different tom Lessee' address above) Street A dress drzf __Y(4/2/ 76 it°//"�1-�4i I/411,16� Total Value for Insurance /- / CItY T-'If.er /�e t'/ Count21k D State_Scyr_ coverage $ k/r 900,00 (It is understood that said/equipment will be originally located at the above address but may be moved to various construction sites from time to time. Notice of such removal must he given to Lessor.) /// - ORIGINALTERMANDSCHEDULEOFPAYMENTS 4A44� /S r '` Term of Lease: ,_! // (no.of Month,Weeks,Days) ,.This Lease is Irrevocable by Lessee during the above term. AMOUNT OF PAYMENTS: •'') �^/y 3`20?\50l ,plus tax,payable with order 6 Q �1. ,plus tax,for fourth month's rent $ r�j cR..5O,Monthly Rent covering first month's rent 9' d250 ,plus tax,for second month's rent $ ^'..--- ,plus tax,per month thereafter "see"1r 71"Sales Tax $20?5P ,plus tax,for third month's rent $ ,TOTAL AMOUNT Except omitting any payments during the months of - 0 Al G (If no skips-Write"None"). during which time the leased equipment will be Inoperative and will.pe stored at location of equipment shown above. All Rental Payments are due and payable to lessor on the first day o1 the Rental Period, If this equipment is leased on a daily or weekly bass,the rate shall be$ "'" • (per day)(per week)payable In advance on a daily or weekly basis. P //� '7 Date of shipment _ ( i)(1- 1-/ !/• �� / ' WARRANTY;if any, tee/Paragraph/3 of Lease New b" Mfgfl SSr-Y`I Used - Type ' 'None TO: H.W.MOORE EQUIPMENT COMPANY We propose to lease from you the equipment described above and on any supplemental"Schedule A"attached,for the term and rental set forth above, upon the provisions and conditions of the lease we have executed and submit herewith for your acceptance. Upon your acceptance of the lease,we shall be bound thereby and authorize you to insert in the lease the date of shipment, serial numbers or other Information that is necessary to complete the • lease. The equipment shall be delivered to us at the location shown above f.o.b.point of shipment. You shall not be obligated to us in any manner under this lease until your acceptance thereof. Moreover, It Is expressly understood and agreed that if the seller of the equipment of one is Involved)does not accept your purchase order, or if he fails to deliver the equipment in accordance with the terms thereof,or if from any other cause beyond your control ' there Is delay or failure to deliver the equipment, you shall nave no liability 10 us whatsoever other than to account for any advance rentals paid you. All Credit Information submitted to you in connection with this Lease is warranted by us to be true and correct,and we specifically represent to you that we are solvent and will make the payments specified herein when due. b TERMS AND CONDITIONS OF LEASE i 1. Lease. Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor the personal property described above and on any attached hi,. supplemental"Schedule A"thereinafter,with all replacement parts,additions,repairs and accessories incorporated therein and/or altered thereto,referred to as"equipment"). 2.Term and Rentals. This lease is for the term Indicated above,beginning upon the date of shipment shown above. For said term,Lessee agrees to pay to Lessor all rental payments specified above. All rent shall be paid without notice or demand and without abatement,deductions or setoff of any amount whatsoever, at 5990 Dahlia Street, Commerce City, Colorado, or at such other address of Lessor as Lessor shall so direct. In the event Lessee fails to return said equipment upon termination of the lease term as above provided,then Lessee shall be deemed to continue renting said equipment on a day to day basis,in which event the daily rental shall be equal to the average monthly rental provided above divided by thirty. • 3.WARRANTIES: a. Whether or not a warranty is indicated herein, LESSOR MAKES NO WARRANTIES OF MERCHANTABILITY, FITNESS, QUALITY OR CAPACITY; and there are no warranties which extend beyond the description on the face hereof, together with such express warranty (if any)as is indicated and described herein. In any event, Lessor shall not be liable for any damages resulting to Lessee by reason of any delays for any alleged failure of any machine to operate,nor for incidental,consequential,special or contingent damages of any nature,including without limitation damage to person or property,or other loss of whatever kind;and Lessee shall save and hold harmless Lessor from any and all liability for any such injury or damage. or claims for same,and agrees to fully indemnify Lessor from any expense resulting therefrom. b. If no warranty is indicated in the space hereinabove headed "WARRANTY,' if any,per Paragraph 3 of Lease", all equipment is leased"as is,"and Lessor makes no warranty whatsoever,whether express,implied or statutory. c. If a warranty is indicated in the space hereinabove headed "WARRANTY, It any, per Paragraph 3 of Lease": The warranty indicated,whether des- cribed hereinafter, to be delivered separately to Lessee,or separately made by the manufacturing supplier or manufacturer,is expressly in lieu of all other warranties of whatever kind, whether express, implied or statutory. Lessee's remedies shall be limited exclusively to the remedies stated therein. Any warranty made by Lessor is specifically limited to the original lessee and is not transferable. Neither the attempt to replace any part nor the promise to - repair the equipment shall modify,waive or change any warranty. No employee,agent or representative of Lessor shall waive,modify,change or alter any warranty. Subject to the foregoing provisions,the warranties given hereunder are limited as follows: (1) New Equipment. New equipment, except International Harvester equipment,described herein is leased only under such specific warranty (if .any) as may be separately made by the manufacturing supplier or manufacturer. Lessor shall not be liable or be obligated to Lessee for the per- , formance of any warranty by the manufacturing supplier or the manufacturer of new equipment, and Lessee shall resort solely to the manufac- turing supplier or manufacturer of such equipment for the performance of any such warranty. New International Harvester Company PAY Machine equipment is covered by the following warranty given by International Harvester Company (Hereinafter called "Company") and no other: "International Harvester Company warrants to the original user-customer each new PAY Machine to be free from defects in material or workmanship for a period of six (6) months after the date of delivery to the original user-customer. The obligation of the Company under this warranty is limited to repairing or replacing, es the Company may elect,any part or parts which shall be returned to a domestic distributor of the Company authorized to handle the machine covered by this warranty with transportation charges prepaid,and as to which examination shall ' disclose to the Company's satisfactiop to have been defective in material or workmanship. Such defective part or parts will be repairedor replaced • free of charge and without charge for installation to the original user-customer at the place of business of the distributor where the same shall have been so returned- The Company assumes neither the cost of shipping the machine, in which the part is to be installed,to the distributor,nor the I iteitrt:cost of returning the machine to the original user-customer. This warranty shall not apply (1) to normal maintenance services or adjustments, Including, but not limited to fuel system cleaning,engine tune-up, brake inspection or adjustment,or to the replacement of spark plugs,ignition ':-points, condensers or filters when such replacements are made as a part of any normal maintenance service; nor (2)to any items which shall have been operated in a manner not recommended by the Company or which shall have been repaired,altered,neglected,or used in any way which,in' •L:',.the Company's opinion, adversely affects the performance. International Harvester Company makes no representations or warranties of any. character as to tires and tubes, auxiliary equipment and engines not manufactured by the Company nor to any new machine not specifically covered by the first paragraph of this warranty,whether or not sold on or for use with the machines warranted. THIS WARRANTY AND THE COMPANY'S OBLIGATION,THEREUNDER IS IN LIEU OF ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OP MERCHANTABILITY AND'+FITNESS FOR PARTICULAR PUI�- k. POSE ALL OTHER REPRESENTATIONS TO THE ORIGINAL USER••CUSTOMER AND ALL OTHER OBLIGATIONS OR LIABILITIES, INCLUDING LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES ON THE PART pF THE COMPANY OR THE SELLER ' k)V\i' ,WITH RESPECT TO THE SALE OR.USE OF THE MACHINE. "No person is authorized to give any other warranties or to assume any other liability on the Company's behalf unless made or assumed in writing by the Company and np person is,authorzed to gi a any warranties or to assume any liabilities on the seller's behalf unless made or assumed In wnnng by the 1 Ile t ,` .. a ;e. L•2h00 10/j JSAP'+S1 w' $ 1`� 8 +.`t'^ tee t<y 5�,' fie, getan,^", bate 'eisee•me vt+''q i,,, ..r..>''''- rv.°,'fk7�-.t` � y,,,s:0�a»h i„'w +J.' P' ..,^*� 1 ` ;+ut.t Y. revise: < +�. �f % v., • (2) Used Equipment. Used ur second ha' luipment described here hove is leased without warm of any kind whelsoever;whether express, implied, statutory or otherwise, and only t a specific warranty is i•. Heated on the face hereof ui the heading "WARRANTY, if any, per Paragraph 3 of the Lease". If such warranty is indicated,Lessor will deliver a Lessee a Warranty Certificate stating the terms of the Indicated warranty, which shall be the only warranty applicable to such equipment,end Lessee..y his signature hereto,acknowledges receipt thereof, d. NO ORAL AGREEMENT, GUARANTY, PROMISE, CONDITION, fl)PRESENTATION, OR WARRANTY SHALL BE BINDING; ALL PRIOR CONVERSATIONS, AGREEMENTS OR REPRESENTATIONS RELATE a HERETO AND/OR TO THE EQUIPMENT ARE INTEGRATED HEREIN, AND NO MODIFICATION HEREOF SHALL BE BINDING UNLESS IN WRITING SIGNED BY LESSOR. 4. Destruction of Equipment. Lessee shall indemnify and save Lessor [formless from any and all injury to or loss of the equipment from whatever cause, and from liability as isinq out of the use, maintenance and/or delivery (hereof. 1f any equipment is totally destroyed,the liability of the Lessee to pay rent therefor may be discharged by paying to Lessor: (a) all the rolls due thereon to date of destruction,plus(b) the fair market value of the equipment at the date of destruction, less any amounts received by Lessor for insurance procured by Lessee. Lessor shall not be obligated to undertake, by litigation or,otherwise, the collection of any claim against any person for loss or damage of the equipment. Except as expressly provided In this 7 paragraph, the total_QL-partial destruction of any equipment, or total or partial loss of use or possession thereof to Lessee,shall not release or relieve Lessee from the dytt to riavtlhn rent herein provided for the full term hereof. 6. Metntenapcei;DL mpliance with Laws and Insurance. Lessee agrees, at Its own cost and expense, (a) to pay all shipping charges and other expenses Incurred 10 raallfiectlon with the shipment of the equipment to the Lessee; (b) to pay all charges and expenses in connection with the operation of.each Item of egdipmehlrfe) to comply with all governmental laws, ordinances, regulations, requirements and rules with respect to the use,maintenance and operation of the eguipment;'id) to maintain at all times Public Liability Insurance and Property Damage Insurance and Workman's Compensation coverage to the limits of the state laws In which the equipment leased is being'used, or in amounts acceptable to the Lessor and,in addition,to main- tain Inland Marine All Risk Coverage In an amount equal to the value as shown on the face of this Instrument, protecting Lessor's interest as it may appear, delivering to t.p�scsor eviden e of such Insurance coverage and (e)to make all repairs and replacements required to be made to maintain the equip- ' ment in good condition--All such insurance policies shall name Lessor as the Loss Payee and shall provide that 30 days advance notice be given to Lessof In the event of cancellation. • 6.''Taxes. Lessee agrees that during t of this lease, In addition to the rent provided herein to be paid,it will promptly pay all taxes,assessments • and other'governmental charges levied or assessed upon the Interest of the Lessee in the equipment or upon the use or operation thereof or on the earnings arising therefrom, and as additional rent will promptly pay or reimburse the Lessor for all taxes, assessments and other governmental charges levied or assessed against and paid by the Lessor on account of its ownership of the equipment or any part thereof,or the use or operation thereof or the leasing thereof to the Lessee, or the rent herein provided for or the earnings arising therefrom. Exclusive, however,of any taxes based on net Income of Lessor. 7. Lessor's Ownership, Right of Inspection and Identification of Equipment. Ownership of the equipment shall at all times remain in the Lessor and Lessee will at all times protect and defend, at its own cost and expense, the ownership of Lessor from and against all claims,liens and legal processes of creditors of the Lessee and keep all the equipment free and clear from all such claims,liens and processes, The equipment,is and shall remain, personal property. Upon the expiration or termination of this lease,the Lessee at Lessee's sole expense shall return the equipment unencumbered to Lessor at the place where the rent Is paid,or to such other place as Lessor and Lessee agree upon and in the same condition as when received by Lessee,reasonable wear and tear resulting from use thereof alone excepted. On all rubber-tired equipment the same shall be returned with tires in recappable condition and with undamaged carcasses. Lessor shalt have the right from time to time during reasonable business hours to enter upon the Lessee's premises or elsewhere for the purpose of confirming the existence, condition and the proper maintenance of the equipment. The foregoing rights of entry are subject to any appli- cable governmental laws,regulations and rules concerning industrial security. Lessee shall,upon the request of Lessor,and at its own expense firmly affix to the equipment, in a conspicuous place,such a decalcomania or metal plate as shall be supplied by Lessor showing H.W.Moore Equipment Company as the owner and lessor of such equipment. • 8. Possession, Place of Use and Changes in Location of Equipment. So long as Lessee shall not be in default under this lease it shall be entitled to the possession and use of the equipment in accordance with the terms of this lease. The equipment shall be used in the conduct of the lawful business of the , Lessee and shall be kept at the address of Lessee set forth above unless a differentaddress is shown opposite the caption"Location of Equipment"In which event it shall be kept at the latter address.'The Lessee shall not,without Lessor's prior written consent,remove the equipment from such location, part with possession or control of the equipment or attempt or purport to sell, pledge, mortgage or otherwise encumber any of the equipment or other- wise dispose of or encumber any interest under this lease- • ' 9. Performance of Obligations of Lessee by Lessor. In the event that the Lessee shall fall duly and promptly to perform any of its obligations under the provisions of paragraphs 5,6 and 7 of this lease to be performed by the Lessee,the Lessor may,at its option,immediately-or,at any time thereafter, perform the same for the account of Lessee without thereby waiving such default,and any amount paid or expense or liability incurred by Lessor in such performance, together with interest at the rate of 18%per annum thereon until paid by the Lessee to the Lessor, shall be payable by the Lessee upon demand as additional rent for the equipment. 10.Default. There shall be deemed to he a breach of this lease (a) if Lessee shall default in the payment of any rent hereunder and such default shall continue for a period of 3 days;(b)if Lessee shall default in the performance of any of the other covenants herein and such default shall continue uncured for 15 days after written notice thereof to Lessee by Lessor,or(c)if Lessee ceases doing business as a going concern,or if a petition is filed by or against Lessee under the Bankruptcy Act or any amendment thereto(including a petition for reorganization,arrangement or an extension),or if Lessee attempts to remove or sell or transfer or encumber or sublet or part with possession of the equipment or any part thereof. In the event of a breach of this lease, as herein defined, Lessor, at its option, may, (a) declare all sumo due and to become due hereunder immediately. due and payable[(b)proceed by • appropriate court action or actions or other proceedings either at law or equity to enforce performance by the Lessee of any and au covenants of this lease and to vecover damages for the breach thereof; (c) demand that Lessee deliver the equipment forthwith to Lessor at Lessee's expense at such place as Lessor may designate; and (d) Lessor and/or its agents may, without notice or liability or legal process, enter into any premises of or under control or jurisdiction of Lessee or any agent of Lessee where the equipment may be or by Lessor is believed to be,and repossess all or any Item thereof,dis- • connecting and separating all thereof from any other property and using all force necessary or permitted by applicable law so to do, Lessee hereby expressly waiving all further rights to possession of the equipment and all claims for injuries suffered through or loss caused by such repossession;but the Lessor shall, nevertheless, be entitled to recover immediately as liquidated damages for loss of the bargain and not as a penalty any unpaid rent that accrued on or before the occurrence of the event of default plus the aggregate rent reserved hereunder for the unexpired term of the lease. Should any proceedings be instituted by or against Lessor for monies due to Lessor hereunder and/or for possession of any or all of the equipment or for any other relief,Lessee shall pay a reasonable sum as attorney's fees. 11.Indemnity. Lessee shall Indemnify and save Lessor harmless from any and all liability, loss, damage, expense, causes of action, suits,claims or judgements arising from injury to person or property resulting from or based upon the actual or alleged use,operation,delivery or transportation of any or all of the equipment or its location or condition,and shall,at its own cost and expense,defend any and all suits which may be brought against Lessor, either alone or in conjunction with others, upon any such liability or claim or claims and shall satisfy,pay and discharge any and all judgments and fines y that may be recovered against Lessor In any such action or actions, provided, however, that Lessor shall give Lessee written notice of any such claim on • 12.Assignment, Notices, Remedies and Waivers. This lease and all rights of Lessor hereunder shall be assignable by Lessor without Lessee's consent,but Lessee shall not be obligated to any assignee of the Lessor except after written notice of such assignment. Without the prior written consent of Lessor, the Lessee shalt not assign this lease or its interest hereunder or enter into any sublease with respect to the equipment covered hereby. All notices relating hereto shall he delivered In person to an officer of the Lessor or Lessee or shall be mailed registered to Lessor or Lessee at its respective address above shown or at any later address last known to the sender. No remedy of Lessor hereunder shall be exclusive of any other remedy herein or by law provided, but each shall be cumulative and in addition to every other remedy. A waiver,of a default shall not be a waiverof any otter or a subsequent default. 13,Further Assurances. Lessee shall execute and deliver to Lessor, upon Lessor's request, such instruments and assurances as Lessor deems necessary or advisable for the confirmation or perfection of this lease and Lessor's rights hereunder,Including the filing or recording of this agreement'at Lessor's option. 14.Lease Irrevocability. This lease is irrevocable for the full term hereof and for the aggregate rentals hereinabove reserved and the rent shall not abate by reason of termination of Lessee's sight of possession or use,or Lessee's non-use of the equipment and/or the taking or nnssession by Lesser or for any • other reason, and delinquent installments of rent shall bear interest at the highest lawful contract rate or 1'k% per month, whichever be the lesser. 15.Time of Use. Lessee acknowledges that the rental herein is based on use of the equipment for only one shift of eight hours per twenty-four hour day and for not more than forty hours per'week, or a total of 176 hours per month. Additional time is to be paid for by Lessee on a pro rata basis at the same basis as the then monthly rent being paid as herein provided. 16.No Purchase Option. Lessee shall have no option to purchase or otherwise acquire title to or ownership of any of the equipment and shall have only the right to use the same under and subject to the term and provisions of this lease. • 17.Damaged Shipment. Shmdd any equipment or appurtenances be received by the Lessee from any type of delivering carrier in a damaged condition, • or with any parts or appurtenances missing, It shall be the duty of the Lessee to obtain from said delivering carrier a written acknowledgment of said damage or shortage. Failure on the part of the Lessee to obtain such written acknowledgment shall be treated as an acceptance of said equipment,parts and appurtenances in a good and fit condition. In the event Lessee serves the aforesaid notice upon Lessor, Lessor shall have the option to repair said equipment as expeditiously as possible, or replace said lost parts,or,In the alternative,to cancel this lease,in which'event all parties will be released from any and all further obligations hereunder. If Lessor elects to repair said damage or replace said parts, the lease shall remain in full force and effect,but the term shall not commence until said damage is repaired or parts are replaced,if the replacement of said parts is a substantial portion of the equipment, or If the equipment cannot he operated without said parts. ,,. 18.Strikes or Dangerous Use. Lessor shall have the right to remove the equipment from the Lessee at any time when,in Lessor's opinion,the equipment Is in danger because of strikes or is being used under dangerous conditions. If Lessor exercises Its option hereunder,than all parties shall be released from any and all further obligations hereunder- 19.PIace of Performance. it is expressly agreed'and understood that the place of performance and payment of the rent provided for herein shall be ' deemed to be at Lessor's place of business. I 20.This agreement shall be binding upon and inure to the benefit of the heirs,successors,administrators,representatives and assigns of the parties hereto. ' ACKNOWLEDGMENT(COMPLETE ON NEW IHC PAYMACHINES) • The undersigned Lessee hereby acknowledges that the Lessor, H.W.Moore Equipment Company,as purchaser,has executed a certain Security Instru- ment covering construction equipment machines) described on the reverse side hereof,with International Harvester Company,as seller, which instru- ' ment has been assigned by seller to International Harvester Credit Corporation, and as consideration for the execution of this acknowledgment, International Harvester Credit Corporation,as holder of said Security Instrument,has consented to the transfer of possession of the said leased machines to the undersigned. • r , The undersigned further acknowledges that the said Lease and the rights of each of the parties thereunder will be subject and subordinate to the " above described Security Instrument and the rights of International Harvester Credit Corporation,es holder,thereunder. • • The undersigned further acknowledges that no portion of any of the terms and provisions of the Lease may be materially altered or modified without the prior written consent of International Harvester Credit Corporation.The undeisigned further acknowledges that the said Lease may be assigned to International Harvester Credit Corporation,and in such event,and upon notice from International Harvester Credit Corporation,all payments to be made by undersigned under the terms of.said Lease will be made uncondi- tionally to International Harvester Credit Corporation. 'r' [ Signature for Acknowledgment By " 4 Title Lessee '• IN WITNESS WHEREOF,the parties hereto haveset their hands end respective,seals ; . • I rr n Weld Co nty, Colorado (Lessee) + H W MOORE EQUIPMENT COMPANY[Lessor) • By By Chfai.rman 7/2$/78 Data Date_ ':... foil) 112 ' . • ,v{j 'a k rri. (I (y\4/!/JL�iC.tirvi •°x` ,.y,Ert,::++—yy "1v 1✓ �,l.}`". .,�';". .'. mm. _ or Af.. • r w;.;., :s.,: S,:1tJGf ,,ed tt x1+,>r,r ,. Y« ' v "sh90..w.1�. +{+sFs'n...Stw "c.K "ar rA. mY, t- Y .iT ,. ,. !- t arc ' H. Ma . Moore Equipment Cc..npany LESSEE: /,p LESSOR "(/CL,A ,6te N ILL H.W.MOORE EQUIPMENT COMPANY • )[/J / Sc. D, xr v Sa 5990 Dahlia Street Street Address Commerce City,Colorado 80022 2/A -t (CA. erg-lio-tarp O �Y1(o3( City St a ' DESCRIPTION OF LEASED EQUIPMEN r QUANTITY a (Show: Make,Kind,Model No.,Serial No., VALUE � n/ Other Identification,and whether now or used) 0Ne • 0nlew - >r�an-,a`�' /Y04La ,/440 /00 �Q/4 N-974.1A/ eie 4//7/� Ci nV C 7-kS 7/"f, ,6/ie$e • -utter, ,.Z�i eciaai,,.y 4s,4i /1 /1dd/ ,7biC 4SCM - 74cf` u.4/ 4€.a 4/ /QeC;,c,ea4,,v,i..eq / 4S e,y, 37449 .c9,9.e ed//Vvzz,le s, se . 61/404 s- ca7e LOCATION OF EO�Uf PM ENT(If differ nt from Less 's address above) 4r�'C./ 4-- K„/ 571 / stree/t/��ddress /VP QrOUS. L art? /(�/1�`'��'-r-I�e��s—,-/�q�— Total Value for Insurance.. City O"iCr'e 0 :.j County Ilk,D State x-f-ll(l -- Coverage $ /00, J60r00 (It is understood that sa(d equioment will be originally located at the above address but may be moved to various construction sites from time to time. Notice of such removal bust be given to Lessor.) r ORIGINAL TERM AND SCHEDULE OF PAYMENTS �/�{ . 1 '' I� Term of Lease: tat a l S /' f/4/ 1h'L( lh (no.of Month,Weeks, Days) This Lease is irrev able by Lessee dun g the above term. AMOUNT^ OF p PAYMENTS: $R.3S�) ,plus tax,payable with order & $ 5.'1 5 O ,plus tax,for fourth month's rent $ s-�Q RJ O r, Monthly Rent [[A� covering first month's rent [j b �` $ C'1 ,��)lJ ,plus tax, for second month's rent $ Lit. ,plus tax,per month thereafter $5s Kct'ft,-,Sales Tax C $ R 'kr/C. _ ,plus tax,for third month's rent r, / i $ .__. ,TOTAL AMOUNT Except omitting any payments during the months of .jY O rV C. (If no skips Write"None"). . during which time the leased equipment will be inoperative and white stored at location of equipment shown above. r - All Rental Payments are due and payable to lessor on the first day o)the Rental Period. If this equipment is leased on a daily y/A�''or weekly basis,the rates it be/$g _0�" (per day)(per week)payable in advance on a daily or weekly basis. Date of shipment_ r It If ( .1 f . () 7-0-- ! 7 WARRANTY;if any,per Paragraph'3 of LeaseCigew_ MfgrJSC[Y',r{lsed Type r 'None TO: H.W.MOORE EQUIPMENT COMPANY . We propose to lease from you the equipment described above and on any supplemental"Schedule A"attached,for the term and rental set forth above, upon the provisions and conditions of the lease we have executed and submit herewith for your acceptance. Upon your acceptance of the lease,we shall be bound thereby and authorize you to insert in the lease the date of shipment, serial numbers or other information that is necessary to complete the lease. The equipment shall be delivered to us at the location shown above f.o.b.point of shipment. You shall not be obligated to us in any manner under this lease until your acceptance thereof. Moreover, it is expressly understood and agreed that if the seller of the equipment (It one is involved)does not accept your purchase order, or if he fails to deliver the equipment in accordance with the terms thereof,or if front any other cause beyond your control there is delay or failme to deliver the equipment, you shall have no liability to us whatsoever other than to account for any advance rentals paid you. All credit information submitted to you in connection with this Lease is warranted by us to be true and correct,and we specifically represent to you that we are solvent and will make the payments specified herein when due. TERMS AND CONDITIONS OF LEASE 1. Lease- Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor the personal property described above and on any attached _ Supplemental"Schedule A"(hereinafter,with all replacement parts,additions,repairs and accessories Incorporated therein and/or aftixed thereto,referred to as"equipment'). 2.Term and Rentals. this lease is for the term indicated above,beginning upon the date of shipment shown above. For said term,Lessee agrees to pay to Lessor all rental payments specified above. All rent shall be paid without notice or demand and without abatement,deductions or setoff of any amount whatsoever, al gggp Dahlia Street, Commerce City, Colorado, or at such other address of Lessor as Lessor shall so direct. In the event f_essee lails to return said equipment upon termination of the lease term as above provided,then Lessee shall be deemed to continue renting said equipment on a day to day basis,in which event the daily rental shall be equal to the average monthly rental provided above divided by thirty,. 3.WARRANTIES: a. Whether or not a warranty is indicated herein, LESSOR MAKES NO WARRANTIES OF MERCHANTABILITY, FITNESS, QUALITY OR CAPACITY; and there are no warranties which extend beyond the description on the face hereof, together with such express warranty (if any)as is indicated and described herein. In any event, Lessor shall not be liable for ably damages resulting to Lessee by reason of any delays for any alleged failure of any machine to operate,nor for incidental,consequential,special or contingent damages of any nature,including without limitation damage to person or property,or other loss of whatever kind;and Lessee shall save and hold harmless Lessor from any and all liability for any such injury or damage. or claims for same,and agrees to fully indemnify Lessor from any expense resulting therefrom. b. If no warranty is indicated in the space hereinabove headed "WARRANTY, If any,per Paragraph 3 of Lease", all equipment is leased"as is,"and Lessor makes no warranty whatsoever,whether express,implied or statutory. , c. If a warranty is indicated in the space hereinabove headed "WARRANTY, if any,per Paragraph 3 of Lease": The warranty indicated,whether des- . ' cr ibed hereinafter, to be delivered separately to Lessee,or separately made by the manufacturing supplier or manufacturer,is expressly in lieu of all other warranties of whatever kind,whether express, implied or statutory. Lessee's remedies shall be limited exclusively to the remedies stated therein. Any warranty made by Lessor is specifically limited to the original lessee and is not transferable. Neither the attempt to replace any part nor the promise to repair the equipment shall modify,waive or change any warranty. No employee,agent or representative of Lessor shall waive,modify,change or alter any warranty. Subject to the foregoing provisions,the warranties given hereunder are limited as follows: (1) New Equipment. New equipment, except International Harvester equipment,described herein is leased only under such specific warranty (if any) as may be separately made by the manufacturing supplier or manufacturer. Lessor shall not be liable or be obligated to Lessee for the per• formance of any warranty by the manufacturing supplier or the manufacturer of new equipment, and Lessee shall resort solely to the manufac- turing supplier or manufacturer of such equipment for the performance of any such warranty. New International Harvester Company PAY Machine equipment is covered by the following warranty given by International Harvester Company (Hereinafter called "Company') and no other: "International Harvester Company warrants to the original user-customer each new PAY Machine to be free from defects in material or workmanship for a period of six (6) months after the date of delivery to the original user-customer. The obligation of the Company under this warranty is limited to repairing or replacing, es the Company may elect,any part or parts which shall be returned to a domestic distributor of the Company authorized to handle the machine covered by this warranty with transportation charges prepaid,and as to which examination shall , disclose to the Company's satisfaction to have been defective in material or workmanship. Such defective part or par Is will be reiairodor replaced free of charge and without charge for installation to the original user-customer at the place of business of the distributor where the same shall have been so returned, The Company assumes neither the cost of shipping the machine, in which the part is to be installed,to the distributor,nor the cost of returning the machine to the original user-customer. This warranty shall not apply Ill to normal maintenance services or adjustments,s.• including, but not limited to fuel system cleaning,engine tune-up, brake inspection or adjustment,or to the replacement of spark plugs,ignition points, condensers or fitters when such replacements are made as a part of any normal maintenance service; nor( )to any items which shall have been operated in a manner not recommended by the Company or which shall have been repaired,altered,neglected,or used in any way which,in the Company's opinion, adversely affects the performance. International Harvester Company makes no representations or warranties of any -. character as to tires and tubes, auxiliary equipment and engines not manufactured by the Company nor to any new machine not specifically coveted by the first paragraph of this warranty,whether or not sold on or for use with the machines warranted. "THIS WARRANTY AND THE COMPANY'S OBLIGATION THEREUNDER IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF JNERSHANTABILITY AND FITNFSS FOR PARTICULAR PUR- POSFa, ALL OTHER REPRESENTATIONS TO THE ORIGINAL USER-CUSTOMER AND ALL OTHER OBLIGATIONS OR LIABILITIES, r,a ,INCLUDING LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES ON THE PART OF THE COMPANY OR THE SELLER , \L WITH RESPECT TO THE SALE OR USE OF THE MACHINE. "No person is authorized to give any other wet ranties or to assume any other liability on the Company's behalf unless made or assumed in writing by the Company, and no person is authorized to give any warranties or to assume any liabilities on the seller's behalf unless made or assumed in writing by the seller: " 1 i i.")Ey ;25Qa ga/1 AP ,s'if\ . s' 'Pe'astf'J■l ■ R - rt ..r• yrai ..,*4444-004-r'#11:- �rCi.Yt}f adwar,e,ML5 t1 r.i ..: ',- In "rt,: a..-, .,'''' .,,. *Spit. YVYry , Y �+� f *.:-„T`.&)` Y��en�.e''J:�''k,` �M,u t: ;�,v !::ft'..xr*FSa,rk ,d7•r �.adierc�nxPiu.#B1",kG3..�.evly,; er .y'arA"w .t'Yv'r.."a". -, ,,n..}Z.,. t, ,N .r � , (21 Used Equipment. Used or second her luipment described herei above is leased without warm V any kind whatsoever;whether express, implied, statutory or otherwise, and only v a specific warranty is i,. 'icased on the face hereof in the heading "WARRANTY, it :my, per Paragraph 3 nl the Lease". If such warranty Isindicated, Lessor will deliver rr Lessee a Warranty Certificate stating the terms of the indicated warranty, which shall be the only warranty applicable to such equipment,and Lessee'y his signature hereto,acknowledges receipt thereof. d. NO ORAL AGREEMENT, GUARANTY, PROMISE, CONDITION, EEIPRESENTATION, OR WARRANTY SHALL BE BINDING; ALL PRIOR CONVERSATIONS,AGREEMENTS OR REPRESENTATIONS RELATED HERETO AND/OR TO THE EQUIPMENT ARE INTEGRATED HEREIN, AND NO MODIFICATION HEREOF SHALL BE BINDING UNLESS IN W'iITING SIGNED BY LESSOR. ..'4. Destruction of Equipment. Lessee shall indemnify and save Lessor harmless from any and all Injury to or loss of the equipment from whatever cause, and from liability arising out of the use, maintenance and/or delivery thereof. If any equipment is totally destroyed,the liability of the Lessee to pay rent therefor may be discharged by paying to Lessor: (a) all the rein due thereon to date of destruction,plus(b)the fair market value of the equipment at the date of destruction, less any amounts received by Lessor for Insurance procured by Lessee. Lessor shalt not be obligated to undertake, by litigation or otherwise, the collection of any claim against any person for loss or damage'of the equipment. Except as expressly provided in this paragraph, the total or partial destruction of any equipment, or total or partial loss of use or possession thereof to Lessee,shall not release or relieve Lessee from the duty to pay the rent herein provided for the full term hereof. 5. Maintenance, Compliance with Laws and Insurance. Lessee agrees, at its own cost and expense, (a) to pay all shipping charges and other expenses Incurred in connection with the shipment of the equipment to the Lessee; (b) to pay all charges and expenses In connection with the operation of each item of equipment; (c) to comply with all governmental laws,ordinances, regulations,requirements and rules with respect to the use,maintenance and operation of the equipment; (d) to maintain at all times Public Liability Insurance and Property Damage Insurance and Workman's Compensation coverage to the limits of the state laws In which the equipment leased Is being used, or in amounts acceptable to the Lessor and,in addition,to main- . fain Inland'Marine All-Risk Coverage In anamount equal to the value'as shown-on the face of this Instrument,protecting Lessor's Interest as It may appear, delivering to Lessor evidence of such Insurance coverage and (e)go make all repairs and replacements required to be made to maintain the equip- ment In good condition. All such insurance4,pples shall name•Lessor as the Loss Payee and shall provide that:30 days advance notice be given to Lesser in the event of cancellation. .'' ` s ._, ,. - - 6. Taxes. Lessee agrees that during the term of this lease, in addition to the rent provided herein to be paid,it will promptly pay all taxes,assessments and other governmental charges levied or assessed upon the interest of the Lessee.in the equipment or upon the use or operation thereof or on the earnings arising therefrom, and as additional rent will promptly pay of reimburse the Lessor for all taxes, assessments and other governmental charges levied or assessed against and paid by the Lessor on account of its ownership of the equipment or any part thereof,or the use or operation thereof or the leasing thereof to the Lessee, or the rent herein provided for or the earnings arising therefrom.:§Excluslve,lhowever,of any.taxes based on net Income of Lessor. - 7. Lessor's Ownership, Right of Inspection and Identification of Equipment. Ownership of the equipment shall at all times remaM in the Lessor and Lessee will at all times protect and defend,at its own'cost and expense, the ownership of Lessor from and against all claims, liens and legal processes of creditors of the Lessee and keep all the equipment free and clear from all such claims,liens and processes, 'The equipment, is and shall remain,personal property. Upon the expiration or termination of this lease,the Lessee at Lessee's sole expense shall return the equipment unencumbered to Lessor at the place where the rent is paid,or to such other place as Lessor and Lessee agree upon and In the same condition as when received by Lessee,reasonable wear and tear resulting from use thereof alone excepted. On all rubber-tired equipment the same shall be returned with tires in recappable condition and with undamaged carcasses. Lesser shall have the right from time to time during reasonable business hours to enter upon the Lessee's premises or elsewhere for • the purpose of confirming the existence, condition and the proper maintenance of the equipment. The foregoing rights of entry are subject to any appli- cable governmental laws,regulations and rules concerning industrial security. Lessee shall,upon the request of Lessor,and at its own expense firmly affix to the equipment, in a conspicuous place,suciFa decalcomania or metal plate as shall be supplied by Lessor showing H.W.Moore Equipment Company as the owner and lessor of such equipment 8. Possession, Place of Use and Changes in Location of Equipment. So long as Lessee shall not be in default under this lease It shall be entitled to the possession and use of the equipment in accordance with the terms of this lease. The equipment shall be used in the conduct of the lawful business of the Lessee and shall be kept at the address or Lessee'set forth above unless a different address is shown opposite the caption"Location of Equipment"in which event it shall be kept at the latter address. The Lessee shall not;without Lessor's prior written consent,remove the equipment from such location, part with possession or control of the equipment or attempt or purport to sell, pledge,mortgage or otherwise encumber any of the equipment or other- wise dispose of or encumber any interest under this lease. 9.' Performance of Obligations of Lessee by Lessor..In the event that the Lessee shalt fail duly and promptly to perform any of its obligations under the erovisions of paragraphs 5,6 and 7 of this lease to be performed by the Lessee,the Lessor may,at its option,immediately or,at any time thereafter, perform the same for the account of Lessee without thereby waiving such default,and any.amount paid or expense or liability incurred by Lessor In such performance, together with Interest at the rate of 18%per annum thereon until paid by the Lessee to the Lessor, shall be payable by the Lessee upon demand as additional rent for the equipment. • 10.Default. There shall be deemed to be a breach of this lease (a) if Lessee shall default in the payment of any rent hereunder and such default shall • continue for a period of 3 days;(b)if Lessee shall default in the performance of any of the other covenants herein and such default shall continue uncured for 15 days after written notice thereof to Lessee by Lessor,or(c)if Lessee ceases doing business as a going concern,or if a petition is filed by or against Lessee under the Bankruptcy Act or any amendment thereto (including a petition for reorganization,arrangement or an extension),or If Lessee attempts to remove or sell or transfer or encumber or sublet or part with possession of the equipment or any part thereof. In the event of a breach of this lease, as heroin defined, Lessor, at its option, may: (a) declare all sum due and to become due hereunder immediately due and payable;(b) proceed by appropriate court action or actions or other proceedings either at raw F or equity to enforce performance by the Lessee of any and all covenants of this lease and to recover damages for the breach thereof; (c) demand that Lessee deliver the equipment forthwith to Lessor at Lessee's expense at such place as Lessor may designate; and (d) Lessor and/or Its agents may, without notice or liability or legal process, enter into any premises of or under control or jurisdiction of Lessee or any agent of Lessee where the equipment may be or by Lessor is believed to be,and repossess all or any item thereof,dis- connecting and separating all thereof from any other property and using all force necessary or permitted by applicable law so to do, Lessee hereby expressly waiving all further rights to possession of the equipment and all clalins for injuries suffered through or loss caused by such repossession;but the Lessor shall, nevertheless, be entitled to recover immediately as liquidated damages for loss of the bargain and not as a penalty any unpaid rent that accrued on or before the occurrence of the event of default plus the aggregate rent reserved hereunder for the unexpired term of the lease. Should any proceedings be instituted by or against Lessor for monies due to Lessor hereunder and/or for possession of any or all of the equipment or for any other relief,Lessee shall pay a reasonable sum as attorney's fees. 11.Indemnity. Lessee shall indemnify and save Lessor harmless from any and all liability, loss, damage, expense, causes of action, suits,claims or judgements arising from injury to person or property resulting from or based upon the actual or alleged use,operation,delivery or transportation of any or all of the equipment or its location or condition,and shall,at its own cost and expense,defend any and all suits which may be brought against Lessor, - • either alone or In conjunction with others, upon any such liability or claim or claims and shall satisfy,pay and discharge any and all judgments and fines that may be recovered against Lessor In any such action or actions, provided, however, that Lessor shall give Lessee written notice of any such claim on demand, .12,Assignmenf, Notibes, Remedies and Waivers. This lease and all rights of Lessor hereunder shall be assignable by Lessor without Lessee's consent,but • Lessee shall not he obligated to any assignee of the Lessor except after written notice of such assignment. Without the prior written consent of Lessor, • the Lessee shall not assign this lease or Its Interest hereunder or enter into any sublease with respect to the equipment covered hereby. All notices relating hereto shall he delivered in person to an officer of the Lessor or Lessee or shall be mailed registered to Lessor or Lessee at its respective address above ' shown or at any later address last known to the sender. No remedy of Lessor hereunder shall be exclusive of any other remedy herein or by taw provided, but each shall'be cumulative and in addition to.every other.remedy. A waiver of a default shall not he a waiverof any other or a subsequent default. 13.Further Assurances. Lessee shall execute and deliver to Lessor, upon Lessor's request, such Instruments and assurances as Lessor deems necessary or advisable for,theconfirmation or perfection of/this lease'and Lessor's rights hereunder, Including the filing or recording of this agreement at Lessor's Y option. 14.Lease Irrevocability. This lease is irrevocable for the full term hereof and'for the aggregate rentals hereinabove reserved and the rent shall not abate • by reason of termination of Lessee's right of possession or use,or Lessee's non-use of the equipment and/or the taking or possession by Lessor or for any other reason, and delinquent Installments of rent shall bear interest at the highest lawful contract rate or 11/2% per month, whichever he the lesser.' 15.Time of Use. Lessee acknowledges that the rental herein is based on use of the equipment for only one shift of eight hours per twenty-four hour day ' and for not more than forty hours per week,or a total of 176 hours per month. Additional time is to be paid for by Lessee on a pro rata basis at the same basis as the then monthly tent being paid as herein provided.1• 6.No Purchase Option. Lessee shall have no option to purchase or otherwise acquire title to or ownership of any of the equipment and shall have only the right to use the same Under and subject to the term and provisions of this lease. 17.Damaged Shipment. Should any equipment nor appurtenances be received by the Lessee from any type of delivering carrier in a damaged condition, or with any parts or appurtenances missing, it shall be the duty of the Lessee to obtain from said delivering carrier a written acknowledgment of said damage or shortage. Failure on the part of the.Lessee to obtain such written acknowledgment shall be treated as an acceptance of said equipment,parts and appurtenances in a goon and fit condition. In the event Lessee serves the aforesaid notice upon Lessor, Lessor shall have the option to repair said equipment as expeditiously as possible, or replace said lost parts,or,in the alternative,to cancel this lease,in which event all parties will be released from any and all further obligations hereunder, if Lessor elects to repair said damage or replace said parts, the lease shall remain in full force and elfect,but the term shall not commence until said damage Is repaired or parts are replaced,if the replacement of said parts is a substantial portion of the equipment, or if the equipment cannot be operated without said parts. • 18.Strikes or Dangerous Use. Lessor shall have the right to remove the equipment from the Lessee at any time when,in Lessor's opinion,the equipment is in danger because of strikes or is being used under dangerous conditions..)f;Lessor,exercises its option hereunder,than all parties shall be released from • any and all further obligations hereunder. ' 19.Place of Performance. It is expressly agreed and understood that the place of performance and payment of the rent provided for herein shall be deemed to be at Lessor's place of business. "" ' ' ' ' - • 20.This agreement'shall be binding upon and Inure to the benefit of the heirs,successors,administrators,representatives and assigns of the parties hereto. ACKNOWLEDGMENT(COMPLETE ON NEW IHC PAYMACHINES) The undersigned Lessee hereby-acknowledges that the Lessor, H.W.Moore Equipment Company,as purchaser,has executed a certain Security Instru • - ment covering construction equipment machine(s) described on the reverse side hereof, with International Harvester Company,as seller, which instru- ment has been assigned by seller to International Harvester Credit Corporation, and as consideration for the execution of this acknowledgment, International Harvester Credit Corporation,as holder of said Security Instrument,has consented to the transfer of possession of the said leased machines ' to the undersigned. •The undersigned further acknowledges that the said Lease and the rights of each of the parties thereunder will be subject and subordinate to the • 'above described Security Instrument and the rights of International Harvester Credit Corporation,es holder,thereunder.The undersigned further acknowledges that no portion of any of the terms end provisions of the Lease may be materially.aitered or modified without the prior written consent of International Harvester Credit Corporation. ' • The undersigned further acknowledges that the said Lease may be assigned to International Harvester Credit Corporation,and in such event,and upon notice from International Harvester Credit Corporation,all payments to bee made by undersigned under the terms of said Lease will be made uncondi- tionally to International Harvester Credit Corporation. ,'+ ,-,'-it I, :�.=',tt ., • : Siggature for Acknowledgment; ' . By. . Title Lessee , • _ r IN WITNESS WHEREOF,the parties hereto have set their hands and respective.seals • n: ' • 1 ' m44jt Weld ' our Colorado Lessee; ,s • H W MOORE EQUIPMENT COMPANY(Lasso/ 1! h8 ,py -��A LL., rt r i%i ,q?ttl,T 7i1 ltlrt,Pr>+, A. By ey, • y Chairman 7/26/78 /i/s'' / / /,,,tit 1 1 " • /i h .1d,.+ �` • w, ti "4'tPS" y as ae3"(i pwa1.X.e.. - 5("�Jw'"`ssslttP+T \" mss , .v rte..:.,f ++vr:s,.v.w s. .,a�..,'r .CW;'r.'4C•.,"y. '7n 1 F:'3T.W W.;"a4f 2"l.." ,I �ivl^' \ s(n,n /'.i.w..4 .rr' f., . o-, �"c,if,��"k SflsSS .ásPflS s !� �� DI{ # ..' �"'1� r .9.• Franks & Scott Co. � I'l?MPA"JI{$ 11f FORF)IN(: • 0I':I '!lr.f 1218 8th Avenue II N r �z Greeley, Colo. 8P( 31 Dartford Fire Insurance Co. ". F I , t Board of County Commissioners of the �I ' '1. s, County of 'Tell S P. 0. Box 758 ,- , Greeley, Colorado 806.31 NI,NI F Via, II t 'I'�� ItHd h t v, IIi' be ^,f I In Er, 1 nc<I I . ', r 0 it Ill tl,l•.11.. _ _... snf II h Ily In Ihousind;IOU ) ,' GENERAL LIA"II IT r I i 5& 1 d�. II. G'', 1 r. I O a Y 1'.:H!' Yk EXCf'.S Y IIAERIl �. _. . A..�'f- no' •.;. _ IiMBIp i. � _. 0 4 F. ti WORKER; CIIM hLNSn TIC R1 and lE�✓eQ lfl . I '', I I, r '+ .`iA r iiA ,.. a� - OTHER _.__. .W A I Inland Marine 34 IC 722660 1-15-79 41 '.u+m*r'm Y,.aamMnwry aas* as�ke 9.'. �, �,y. .,+•r°a•-�r^�.�,„ „pa^'a '`.. Ilf�(ItIIII V „I „III.IlAII(N I Ir nII, N .I Ir. One (1) New Bomag Model. 220A Tandem Vibratory Roller, S/N 87180 - Value $61,900.00 One (1) New Bomag Model MPN-100 Soil Stablizier, S/N 85174 - Value $100,500.00 Leased Equipment, from 7-7-78 to 11-7-78 (4 Months). :II'l caw-en-moo I 1.61 II. . „ dr., Ilk r,l p„Idn VS Le 111111,'Ilrvi holnR IL r or par.I U"0 d.,I'' II '.I Ili„ r.tiu111„ r-'III I. ..,y v.'ll ._I., ,.rn I„ In III ._�0 'lays vrntten EWE In tb,: [win? 11,1105,1 ' ,=I''.II- .III I,-.',I,', but fnilulo 1, "1 nLIII '-urI ,in 0.h III Irnppcl^ 110 obhpation or liability of any kind upon the; ornp '11/ ' vM it Ndpll „N l I' 1 I n,III /II II0l IIIR 4 oml Itsu(I __July 25, 1978 H. W. Moore Equipment Company _- -- ytY r, P. O. Box 2491 Denver, Colorado 80201 Franks & Scott .1 Co, 340869 iw I ii it _LYE 1 gg OGRE t _ I "Ole 1.1 �k �' EQUIPMENT COMPANY 1 r �-- Area Codo 303—Telephone 288-0771 Locations:Grand Junction•Casper•Rapid City 5990 Dahlia Street•Commerce City,Colorado P. D.Box 2491 •Denver,Colorado 80201 June 29 , 1978 Weld County Board of County Commissioners Greeley Colorado 80631 Attn : Mrs . Betty Rhoden Dear Mrs . Rhoden : We are pleased to make the following counter proposal on the two pieces of equipment on an open end lease basis . Four (4 ) month minimum lease period at $ 10 ,600 . 00 per month for the combined two pieces of proposed equipment , one Model Bomag MPH-100 Road Stabilizer and one Model 220-A Bomag Vibrating Steel Drum Roller , both equipped as per enclosed specifications of the machines demonstrated . We propose a recapture rate of 92% on your invested rentals if converted to a sale at end of the lease . • We will provide Mr . Glen Terry to assist your personnel in operations of the equipment free of charge for up to three days if necessary . Sinncerely , jz.26-7--. ,,a4.- Dennis Salling Sales Representative DS/eh 'O •Mr4,o Serving the Construction Industry Since 1913 Hello