Loading...
1963 Tractor Agreement EARTHMOVING Salina Implement Company e LOGGING LANDSCAPING JOHN DEERE SALES AND SERVICE AND MATERIAL HANDLING 601 South Broadway . Phone: TAylor 3-2206 EQUIPMENT Salina, Kansas C OHNDEERE May 25, 1963 • 128 YEARS dedicated to quality • City of Salina Salina, Kansas This letter confirms that per verbal agreement between the lessor, Salina Implement Company, and the lessee, City of Salina and concerning a Ford tractor Serial #16171 with Davis Loader and Davis Backhoe attached. It is agreed that when the lease contract is completed as written, which is $77.38 down and $77.38 per month for 41 consecutive months starting with July 1, 1963. The tractor and all attachments will be turned over to the city free and clear. . The tractor will be maintained as per the lease agreement and 12 monthly payments are a minimum requirement on this lease. . SALINA TMPLEM_ENT COMPANY V-<-.; (-- (rh,11... . - f ck B. Smith 0 :9"` I EQUIPMENT LEASES a c / This Lease entered into this ' S( day of./n ue /1932 , between tS'i L /An1 1 K4 pieMeArl- W•ry1 /�Nl with a place of business at AC) I So Spoil (,,A Street, in the City of // ��)(A L/A/A , county of SAL JAIP , State of K/97�J/S/Q--C Lessor, and C1Y 1/ o'y c A L iMf with a place of business at ��O.4 1')O�' (e'He-lett, Street, in the City of .< //IA ,County of 5IQ I we State of /� 1.1.C )-5 , Lessee. WITNESSETH THAT: Section 1. DESCRIPTION OF LEASED PROPERTY. Lessor agrees to and does hereby lease to Lessee and Lessee agrees to and does hereby lease from Lessor the following described personal property, hereafter called "Equipment", to-wit: Description Serial No. � Hour Meter Reading L' ea SDO ..�'.Girs ,C.c'd Tr,t,D� /6//� -. `/ DAt" iontlet y ,ClentS site c- on the terms and conditions set forth herein. Section 2. TERM, RENT, AND PAYMENT. A. The term of this Lease shall commence , 11.102 , and shall end N01/ / 1964 . B. Lessee shall l pay rent as follows: $ 117 3'• upon the execution of this Lea/see,, eipt of which is hereby acknowledged by Lessor, and hiV $ 17 ? on the I�day of each of VI'successive months, commencing with the month ofJ- 43 Rental payments shall be made to Lessor at Lessor's address above set forth except that if Lessee is notified to do so by Lessor or his assignee, payments shall be made to such assignee. Section 3. SERVICE AND USE, A. Lessee shall be responsible for and shall bear the expense of all fuel, lubrication, and maintenance for each item of Equipment- Lessor undertakes no obligation with respect to repairs or replacements of parts, attachments, acces- sories or Equipment, except pursuant to written warranty as provided in Paragraph "E". B. Lessee shall, at its expense, at all times during the term hereof, maintain each item of Equipment in good operating order, repair and appearance and shall lubricate and practice preventative maintenance at regular intervals as sug- gested in manufacturer's service manual, receipt of a copy of which is hereby acknowledged by Lessee. Lessee further agrees that it will permit said Equipment to be operated only by competent employees and that in effecting mainte- nance and repairs, it will have such work performed only by qualified persons who are satisfactory to Lessor. Leased Equipment shall not be used beyond its normal capacity. C. Lessee agrees that the Equipment shall be used solely in the conduct of Lessee's business and within Lessee's posses- sion and under its control, and when not in use will be kept in a protected area; and that no part of the Equipment or Lessee's interest therein shall be assigned, sublet or used by any one other than Lessee or Lessee's duly author- ized employees. D. Lessee shall not, without prior approval of Lessor, affix or install any accessory, attachment or other device to any item of Equipment leased hereunder, and all parts, accessories or attachments affixed to such equipment shall thereupon, unless otherwise agreed in writing, become the property.of Lessor. Lessee will not remove,or efface any numbering, insignia or lettering displayed on the Equipment. E. Lessee agrees that each item of Equipment is of a size, design and capacity selected by Lessee and that the same is suitable for its purpose. Lessor has made no representation or warranty, statutory or otherwise, and undertakes no obligation with respect to the Equipment or its performance except such obligations as may be undertaken in a written statement designated "Warranty' executed by Lessor concurrently herewith and attached hereto. Such Warranty applies only to items specifically enumerated therein. Lessor assumes no obligation whatsoever to Lessee for time lost or penalties suffered by Lessee while Equipment is inoperable for any reason and no deductions are to be made from rental payments therefor. F. Lessee shall comply with and conform to all laws and regulations relating to ownership, possession, use and mainte- nance of the Equipment, and save Lessor harmless against actual or asserted violations. Lessee shall pay when due all taxes, license fees and charges of any kind whatsoever that may be assessed or charged on or against Equipment or the use thereof during the term of this lease. Section 4 ADDITIONAL RENT,. , ,'� — t _:�� It is contemplated that‘the Equipment will not be operated for re than lob hours in any one month and Lessee am agrees that he will pay additional rent at the rate of $ .d'—' per hour for each hour the Equipment is used in any one month in excess of such time, which rent shall be credited on the monthly installments of rent due here- under in the inverse order of their due date. Such additional rent shall be paid on the first day of the month following such use. If there is an hour meter furnished, lessee agrees to keep it connected to the Equipment and in good working condition at all times, and to he used as the conclusive basis of the number of hours of operation. Section 5. INSPECTION, Lessee shall, whenever requested, advise Lessor of the exact location of the Equipment. Lessor or its representa- tives may, for the purpose of inspection, at all reasonable times, enter upon any job, building or place where the Equipment is located and may remove the same without notice to Lessee, if the Equipment is, in the opinion of the Lessor, being used beyond its capacity or in any manner improperly cared for or abused. Section 6. LIABILITY, Lessee assumes all risk and liability for and shall hold the Lessor and its assigns harmless from all damages for injuries and death to persons and property arising out of the use, possession or transportation of the Equipment. Section 7. INSURANCE • Lessee at its own expense shall carry public liability insurance in amounts satisfactory to Lessor against bodily injury, including death, and against property damage. Lessee shall also keep the Equipment insured at the full insurable value thereof under standard contractor's equipment "all risk" type policy with maximum deductibility of $50.00 with losses'on all such insurance, if any, payable to Lessor or its assigns as their interests may appear. All insurance shall be in companies acceptable to Lessor and shall.contain the agreement of the insuring company not to cancel the same until after at least ten days' notice to Lessor and its assigns. Lessee shall promptly deliver to Lessor evidence of said insurance. Section 8. RETURN OF EQUIPMENT. A. Lessee agrees, at the expiration of the term hereof or sooner termination of this lease, to return, transportation costs prepaid, all of the Equipment to Lessor at the place of business of Lessor above stated in the same operating condition, order, repair and appearance as when received (usual and ordinary wear and tear excepted) and free of all liens and encumbrances. B. In the event that the Equipment be lost, stolen, destroyed or in the opinion of Lessor damaged beyond repair, Lessee shall pay Lessor'tth re,.f r within 30 days after the happening of such event, a stipulated loss value which shall be equal to g` Y- (which the parties hereby agree is the value of the Equipment at the time of the execu- tion of this Lease) less 90 %,.of the aggregate rentals theretofore paid by Lessee, provided, however, that Lessee shall be credited with the amount of insurance payment received by Lessor under the policies required under Section 7. hereof, if an insurance recovery is effected thereunder. Section 9. ASSIGNMENT. A. Lessee agrees that Lessor may assign this Lease, and all right, title and interest of Lessor in and to the Equipment, and all rents due or to become due to Lessor hereunder (of which assignment Lessee hereby waives notice) and Lessee agrees to recognize such assignment. Lessee's obligation to pay rent under this Lease shall not as to any such as- signee be subject to any diminution or right of set-off, counterclaim or recoupment whatsoever arising out of any breach of any obligation of the Lessor hereunder or by reason of any other liability at any time owing by the Lessor to the Lessee. B. Lessee shall not assign this Lease or any rights hereunder or to the items of Equipment. Section 10. DEFAULT, If the Lessee shall fail to make any rental payment when due, shall attempt to sell or encumber any interest in the Equipment, shall cease doing business as a going concern, shall institute or have instituted against him any proceedings under any bankruptcy or insolvency law, shall make an assignment for the benefit of creditors or shall fail to comply with any other provision of this Lease, or if any attachment, execution, writ, etc. or other process is levied against the Equipment or any of Lessee's property, or if for any reason Lessor deems itself unsafe, the Lessor may immediately and without notice declare the entire balance of the rental payments due and payable together with all expenses of col- lection by suit or otherwise, including reasonable attorneys' fees. If any of the above events shall occur, Lessee agrees to surrender possession of the Equipment on demand and Lessor may enter upon Lessee's premises to the full extent allowed by law and take possession thereof. Section 11. CONSTRUCTION, This is a Contract of Lease only, and nothing herein shall be construed as conveying to Lessee any right, title or in- terest in or to any item of equipment leased hereunder except as a lessee only. Should Lessor permit the use of any item of equipment beyond the term hereof, the obligations of Lessee including the obligation to pay rent during the period of such use shall continue and such permissive use shall not be construed as a renewal of the term or a waiver of any right or continuation of any obligation of Lessor hereunder, and Lessor may take possession of any such Equipment at any time with or without demand. Section 12. GENERAL. A. Time is of the essence of this Lease. Lessor's failure at any time to require strict performance by Lessee of any of the provisions of this Lease shall not waive or diminish Lessor's right thereafter to demand strict compliance therewith or with any other provisions. Waiver of any default shall not waive any other default. The remedies in this Lease provided in favor of Lessor shall be available to its successors and assigns and shall not be deemed ex- clusive, but shall be cumulative, and shall be in addition to all other remedies in its or their favor existing at law or in equity. B. Arm alteration or modification of this Lease shall be in writing and signed by the parties hereto. Lessee acknowl- edges receipt of a signed copy hereof. In witness whereof the parties have executed this instrument on the date stated above. Lessee: �-. In,, - Witness. — By: J' `l�l,. �C� -- -- - J ///9 Witness. ' z/L���u t�: _ U I �i:II�./ J (Notarization re j' d only in Colorado and New Mexico) State of County of on this day of 19 before me personally appeared . to me known to be the Lessee and , . to me known to be the Lessor de- scribed in and who executed the within Lease and acknowledged that they executed it as their free act and deed. Notary Public in and for said County and State My commission expires: