The URL can be used to link to this page

Browse Search

Home My WebLink About20140487.tiff RESOLUTION RE: APPROVE EQUIPMENT LEASE AND AUTHORIZE CHAIR TO SIGN - POWER EQUIPMENT COMPANY 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, the Board has been presented with an Equipment Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Power Equipment Company, commencing February 11, 2014, with further terms and conditions being as stated in said lease, and WHEREAS, after review, the Board deems it advisable to approve said lease, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Equipment Lease between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Works, and Power Equipment Company be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said lease. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 19th day of February, A.D., 2014, nunc pro tunc February 11, 2014. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO T''''.ix(i ATTEST: d. Cd ,,,,/ ;� LI ,nat� V�'YvC � G `x-«o Do glae Radema er, Fair Weld County Clerk to the Board / AL AL-- !/c_.. rbara Kirkmeyer, ro-Tem BY �Deputy Clerk'to the Boar Sean P. ConwayC. � Jr-- AS TO F YY 1 .__ - /�, Mike Freeman ounty t rney ,e\., t— S - C - / , ,i, ` a: . Garcia Date of signature C9 iLD'!i , i t Sn v s ter* r l C-CPL3, CA 0-3-14 2014-0487 EG0070 MEMO TO: BOARD OF COUNTY COMMISSIONERS FROM: Public Works Department RE: Lease Agreement for Articulated Truck Public Works Dept recommends the approval of the lease agreement between Weld County and Power Equipment Company, with the noted changes, for one 40 ton articulated truck at the rate of $14,735.00 per month. This rental was approved by the Board members via a Pass Around Review dated January 14, 2014. The changes to the agreement have been reviewed and approved by County Attorney Bruce Barker. cafra71 Curtis Hall, Interim Operations LJay McDo d, Mining Division Supervisor 2014-0487 ita CrifirrneEQUIPMENT LEASE EQUIPMENT COMPANY friort. ,Oil ;OI; ;;? The following Lease is made by and between Power Equipment Company (Owner) whose address is 500 E. 62nd. Avenue. P.O. Box 28, Denver, CO 80201 and WELD COUNTY (Lessee), whose address is: P.O. BOX 758, GREELEY, CO 80631 1 . Lease: Owner agrees to lease the Customer the following items (the "Equipment") subject to the terms and conditions set forth below. Stock # Year Make Model Serial Number Rental Rate Equipment Value 7580 2008 VOL A40D A40OV70360 $14,735.00 $290,000.00 Rental Total: $14,735.00 per Month 2. JOB LOCATION: The Equipment shall be used at the following job location, unless otherwise agreed to in writing by Owner. Job Location: Geisert Pit, Greeley, , Weld County 3. LEASE TERM: The term of this lease shall commence on the date of delivery, currently scheduled for Tuesday, February 11 , 2014, and shall continue until terminated by customer. 4. RENT: Lessee agrees to pay rent to Owner at the above address for the Equipment in Monthly Installments of $14,735.00, net due upon receipt of invoice. 5. HOURS OF OPERATION: Customer agrees to operate the Equipment no more than 176 hours per month. If the Equipment is operated more than the stated hours, Lessee agrees to pay additional rent of $83.72 per hour or part thereof. Lessee agrees to notify Owner in writing of all such excess hours within 30 days after such hours are accrued. Such additional rent is due net upon invoice. 6. DELIVERY AND POSSESSION: Lessee shall take possession of the Equipment at the Johnstown, CO facility of Power Equipment Company and shall pay all charges for loading. unloading, and transportation of the Equipment to the job location and its return to Owner's possession at the Owner's location. Lessee shall inspect the Equipment within forty-eight hours after taking possession. Unless Customer within that time gives written notice to the Owner specifying any objection to the Equipment, it shall be conclusively presumed that the Lessee has fully inspected the Equipment, has found the Equipment in good condition and repair, and has accepted the Equipment. 7. ADDITIONAL RENT: If the Equipment has not been returned to Owner at the expiration of the term, Lessee agrees to pay rent from the expiration of the term until the Equipment is delivered to Owner's possession. Such rent shall be computed and paid on a monthly basis, at the same pro rata rate and upon the same terms as the original term of this Lease. 8. USE: Lessee shall: (a) Use the Equipment in a careful and proper manner, and not permit the Equipment to be neglected or abused or to be used for any purpose for which it is not designed or intended; (b) Comply with all laws, ordinances and regulations relating to the transportation, possession, use, or maintenance of the Equipment; (c) Keep affixed all Owner or Manufacturer supplied labels, plates, warning or other markings in a proper and appropriate place on the Equipment; (d) Cause the Equipment to be operated by trained and competent employees only, knowledgeable in the function, operation and all safety features of the Equipment; and (e) Pay all expenses of operation. 9. REPAIR AND MAINTENANCE: Lessee agrees to keep the Equipment in good repair and perform all manufacturers recommended periodic maintenance at Lessee's sole expense, and to return the Equipment in good repair and at the termination of this Lease. For the purpose of this Lease, "good repair' shall mean KTfUM operating condition and working order. with all parts of the Equipment in the substantially equivalent condition as when the Equipment was delivered to the -t`essee. Lessee at its sole expense shall repair or replace any and all parts, mechanisms, or devices required to keep the Equipment in good repair. Any - #eplacement parts incorporated into the Equipment shall immediately become the property of the Owner. In the event the Equipment for any reason is not in good .epair when returned to the Owner, Lessee agrees to pay all reasonable charges and expenses incurred by the Owner in repairing the equipment. 10. ADDITION OF ACCESSORIES: Lessee will not, without the written consent of the Owner, install any accessories or devices on the Equipment if such installation will impair the originally-intended function or use of the Equipment. Such items installed on the Equipment shall automatically become the property of the Owner unless such item can be removed without in any way affecting the function, use or appearance of the Equipment. Any damage to the Equipment caused by the removal of such items shall be repaired at Lessee's expense. 11 . PERSONAL PROPERTY: The Equipment is, and shall at all times remain, personal property. If all or any part of the Equipment is attached to, imbedded in or permanently resting upon any real property or any building thereon, or attached in any manner to what is permanent, by means of cement, plaster, nails, bolts, screws or otherwise, the Equipment shall nonetheless remain personal property. 12. INSPECTION BY OWNER: Lessee shall, whenever requested, advise Owner of the exact location of the Equipment. Owner and its representatives may. for the purposes of inspection. at all reasonable times, enter upon any job, building or place where the Equipment is located. Owner may remove the Equipment without notice to the Lessee if, in the opinion of the Owner, the Equipment is being used beyond its capacity or in any other manner improperly cared for or abused. 13. TITLE, ASSIGNMENTS, AND ENCUMBRANCES: All of this Equipment shall remain personal property and title thereto shall remain in Owner exclusively. Neither this Lease, nor the Lessee's rights hereunder shall be assignable except with the Owner's written consent. Lessee shall not lease, sublease, mortgage or otherwise encumber or part with possession of the Equipment or any part thereof, except with the written consent of the Owner. Lessee shall keep the Equipment free from any and all liens and claims, and shall not do or permit any act or omission whereby Owner's title or rights may be encumbered or impaired. Lessee agrees to pay all license fees and taxes applicable to the Lease, other than income taxes and personal property taxes and license fees on the Equipment. The Lessee shall also provide all permits, if any, necessary for the installation, movement and operation of the Equipment or any parts thereof. 14. WARRANTIES: It is expressly agreed that, except as stated below, THE OWNER HAS MADE AND MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MECHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. ANY DEFECT IN, OR UNFITNESS OF THE EQUIPMENT SHALL NOT RELIEVE THE LESSEE FROM THE OBLIGATION TO PAY RENT OR ANY OBLIGATION UNDER THIS LEASE. Lessee represents that it is skilled and experienced in the use and operation of the Equipment, and makes the selection and decision on whether to lease on the basis of Lessee's own judgment, without reliance on any statements or representations by Owner. It is expressly agreed that Lessee shall take the equipment as is, except as stated herein. It is further agreed that Owner extends no warranties or guarantees for new Equipment. Owner shall extend and transfer unto Lessee all of the vendor's warranties and guarantees, if any, for new Equipment. Notwithstanding any failure of the vendor to honor any warranty or guarantee, Lessee agrees to maintain the Equipment in good repair, as described herein, and to make all rental payments required herein. 15. INSURANCE: During all times the equipment is in Lessee's possession. Lessee shall keep the Equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value of the Equipment as determined by Owner, and shall carry public liability, contractual liability, and property damage insurance covering the Equipment, its operation and use. All such insurance shall be in the form and amount and with companies approved by the Owner, and shall designate Owner and Lessee as insureds under such policy. Lessee shall pay the premium for such insurance, and shall deliver to Owner a copy of such policy or a certificate of insurance executed by the insurer prior to taking possession of the Equipment. Such policies shall explicitly provide that the insurer shall give Owner thirty days written notice before the policy in question shall be altered or canceled. The proceeds of such insurance, at the option of the Owner, shall be applied: (a) toward the replacement, restoration, or repair of the Equipment, or (b) toward payment of the obligations of the i0/4/ — &927 Customer hereunder. If, within ten days following notice by the Owner to Ihe Lessee, the Owner has failed to receive policies or certificates of insurance in accordance with this paragraph, the Owner shall, at Owner's option, have the right to (a) declare this Lease in tlefault antl exercise its remedies as set forth below, or (b) procure such insurance, in which event Lessee shall reimburse Ovmer for the cost of procudng insurance, which amount shall be payable in its tvery on the next rental payment tlate or vnthin thirty tlays, whichever is sooner. . -.Fhe-lessee shall-ilMemnify Ihe Owner against, and shalFFrold the Owner-harmlessfiom,-eiyen9�eHcl - � , � , � . . -demeryes-end�NebiNNes�:inelu9irg attomeys! tees;ensirg�out-W.-ecnj,recteAv.ithvr-res�ttirg-fromthe�Eqnipmenh�indn9ingv�ithaut� �gaaewGly ot;-the-manufacture, selection, delivery, possessio�, use, operation, or retumaf the��q�vipmen6 17. DEFAULT: If Lessee fails to perfortn any obligation required herein or ro pay any sum when due, or if an attachment is levietl against the EquipmeM or attemp[ed by a creditor o! lhe Lessee, or if [he contlition of the affairs of the Lessee or any guarantor changes so as [o, in the sole opinion of the Owner. significantly increase the Ovmer's risk of loss, the Ovmer shall have lhe nght to exercise one or more of ihe following remedies: (a) To declare the entire amount of rent hereunder immediately due and payable as to any and all items of Equipment, without any notice or demand to the Customer, (b)7o sue for and recover all rents, and other payments then accrued, or thereafter accruing with respect to any or all items o( Equipment; (c) To take possession o� ihe Equipment, without demand or notice, wherever the same may be lowted, without any court order or other process of law. The Lessee hereby waives any damage occasioned by such taking of possession. Such taking of possession shall not constitute a termination of this lease unless ihe Owner expressly so notifies the Lessee in wnting; (d) To terminate this Lease m any or all items of Equipment; (e) pursue any other remedy at law or in equiry. Nohvithstanding any such repossession or other action, which Owner may take, the Lessee shall remain liable for Ihe full performance of all obligations under this Lease. In ihe evenl Owner regains possession o( the Equipment, Owner may relet the Equipment for a term and at a rental which may be equal to, greater than, or less lhan the rental and term herein provided. Any rental paymeMs received under the new Lease for the period prior to the expiration of Ihis Lease, less Owner s expenses of taking possession, storage, reconditioning and releasing, shall be applied on Lessee's obligations here-under, and Lessee shall remain liable for the balance of the unpaid aggregate rental set forth above. Lessee's liabiliry shall not be reducetl by reason of any failure of Ihe Owner to relet. Lessee hereby agrees to pay all expenses, inGuding all attomeys' fees and expenses, which may be incurretl by Ovmer in enforcing this agreement, or in collecting the rent provided herein, or in repossessing the Equipment. 18. INTEREST AND ATTORNEY'S FEES�. In the event that any amount due under Ihe terms of ihis Lease is not paid when due, Lessee agrees to pay Owner, in addition to all amounis 0ue, interest at ihe rate of 24°k per annum, together with all costs, expert witness fees, and reasonable attomeys' fees incuved in collection these amounts. 19. CHOICE OF LAW AND FORUM: This agreement shall be enforced and construed pursuant to the laws of the State of Colorado. Any action to enforce, interpret, construe, or collect damages under this Lease, or for any claims arising our of the manufacture, sale, selection, use, operetion, maintenance, or repair of the Equipment, shall 6e brought in the Distnct Coun for the Ciry and Counry of Denver, Colorado. Ovmer and Customer, and any guaramors of ihis Lease, hereby agree to Ihe junsdiction of such court. 20. GENERAL CONDITIONS: (a) Time is of Ihe essence to this Lease. (b) Owner's failure at any time to require stnct pertortnance by Lessee of any of the provisions of lhis Lease shall not waive or diminish Owner's right thereafter to demand strict compliance therewith or with any provisioa (c) Waiver o( any default shall not waive any other default (d) Any alteretion or modifcation of this Lease shall be in vmting and signetl by the Ovmer and Lessee (e) This Lease �, constitutes the entire agreement of the parties, and supersedes all prior representations or agreemenis between the parties. ! 21 . OTHER CONDITIONS None I Power Equip ent Company, Owner WELD COUNTY, Lessee By: �-�(f� � s'rtr1� �� By. ��1�� .��G k '�—% 7itle: 7itle: Douelas Rademacher . Chair Board of Weld County Commissioners Date: Date: Customer PO: � C /`/ - C' yJ � Hello