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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 Engineering Department, the
following vehicle, to-wit:
1 - 1976 Chevrolet car, body type and serial number
to be furnished at time of delivery,
as per motor vehicle lease agreement marked Exhibit A, attached hereto
and made a part hereof by reference, for a total lease purchase price in
accordance with the terms of the hereinabove mentioned contract, 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 vehicle for the use of the Weld County Engineer-
ing Department, upon all of the terms and conditions as recited in the afore-
mentioned lease agreement marked Exhibit A attached hereto and made a
part hereof by reference.
Dated this 17th day of December, A.D. , 1975.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
•
ATTEST: :,/ lP t// 1, E'
Weld County Clerk and Recorder
and Clerk to the Board
By
Deputy Cou y Clerk
VD AS TO RM:
yunty AtCorney
750722
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LEASE AGREEMENT •
�y, Edwards Chevrolet Company
This agreement .E mad!and entered into this !2th 7.,day of DeC�^^oir9 75. by and between ., whose address is 727 10th St., Greeley,
Colorado hereinafter called the LESSOR and Weld County Board of Commissioners
whose address is • Greeley, 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 lather than those originally with the vehicles)
gasoline, oil, anti freeze, tire chains, 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.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 of100 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 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 oam:ge, 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 pe,son
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 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 es "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 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.
•
C. Acceptance of a vehicle in service c,. Rutes an acknowledgment that the vehicle complies v, . . 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, but LESSEE shall not have the right to assign the agreement or qny 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 advance 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 charge lsl
hereunder any right, title or interest in or to the property described herein.
SCHEDULE
Delivery Make & Vehicle Serial Rental Additional
Date Year Number Type Number Term Charge Mileage Rate
14 7 t . o tan stmt. 4F3 toti,9 . 1i,X1�..O ;l t/ ...:.e CV .r
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IN WITNESS WHEREOF, the parties hereto have signed and sealed this instrument, in quadruplicate, on the day and year first above written.
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ESSORI
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