Resolution 505-1989
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RESOLUTION NO. 505-1989
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA,
AUTHORIZING THE MAYOR/CHAIRMAN OF THE
BOARD TO EXECUTE A LEASE AGREEMENT BY
AND BETWEEN SHELLEY TRACTOR & EQUIPMENT
CO., AND MONROE COUNTY CONCERNING THE
LEASE OF ONE NEW READ SCREEN MODEL RD40A.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to execute
a lease agreement by and between Shelley Tractor & Equipment Co., and Monroe
County concerning the lease of One New Read Screen Model RD40A, a copy of
same being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a special meeting of said Board held on the ~~,rtj.
4:jus1'" A,D. 1989.
day of
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
//lI~Jl/4
Mayor/Chairman
(SEAL)
Attest: DANNY L, KOLHAGE, Clerk
AML.woAl 70""
AND LEGAl. ~F/~IENCY.
BY
EQUIPMENT LEASE
I, Parties:
The Lessor shall be Shelley Tractor & EquiplTEnt Co.
with offices located at 8000 N.W. 10~ Street , inthe City of Hialeah Gardens
County of
Dade
Monroe County
MUnicipal Service
Monroe
and State of
Florida
and the Lessee sholl be
with offices located
at
District
, in the City of
Key West
County of
and State of
Florida
, and the parties ogre.
in the manner hereinafter set forth in accordance with the terms and conditions herein set forth, and in consideration of the exchange of the
mutual covenants contained herein.
/I, Lease Agreement & Equipment Description
Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor, the following described property
(hereinafter, with 011 replacement ports, additions, repairs and accessories incorporated therein and/or affixed thereto, referred to as
"equipment")~
(Description of equipment, including make, kind of unit, seriol and model ,numbers, and any other
pertinent information):
One new Read Screen all portable screening plant Model RD40A,
SIN 40A742389 with all standard equiplTEnt included.
A. 6 month factory warranty
A, No Warranty: Lessor, not being the manufacturer of Ihe equipmenl, makes no varranly againsl palenl or latent
workmanship or capacity of Ihe equipment; nor warranty that Ihe equipment will salisfy Ihe re uire ,
rule, specification or contract whic provl es 0 tors, or s e . a I It.es arising therefrom are
assumed by Lessee at its sole risk and expense. No or , ee, promise, con ItlO ,
binding; all prior cO"'l(erla1WA& s or representations related hereto and/or 10 said equipment are inlegraled herein, No modifica-
tion ~s'halll;'; binding unless in writing signed by Lessor, Nolwilhslanding the above, the warranly, if any, of Ihe manufacturer will
inure to the benefit of the Lessee, if applicable,
B, Repairs: Lessor shall not be obligaled to make any repairs or replacements; Lessee shall not incur for Lessor's
account or liability any expense Iherefor withoul Lessor's prior written consenl, Lessee shall inspecl Ihe equipmenl upon its receipt and
unless, at this time, Less..e notifies the details of any defects in writing, Lessee shall have conclusively be presumed to have accepled
the equipment in its condition, free of the claim of defecls Lessee agrees, during the conlinuance of this agreement, 10 make, at the expense
of th~ ;", ssee, and at no cost to the Lessor, any and all repairs (including maintenance and replacements) which may be necessary 10 keep
Ihe said equipment in as good a condition as it is now, reasonable use and wear Ihereof excepted,
C, Use and Return: Lessee shall cause the equipmenl to be aperated by compelent employees only (licensed where
applicable), and shall pay all expenses of operalion. The Lessee shall exercise due and proper care in the use and servicing of Ihe leased
property, and 01 all times and at its expense, shall keep and maintain Ihe leased properly in goad working condition, order and repair. Lessee
shall be obliged to maintain the equipmenl according 10 manufaclurers' specificalions and warranty requiremenls where applicable and shall
cause the said equipment to be serviced in conformity with these regulations, The Lessee shall make no alteralions, addilions or removals
to the leased property without the wrillen consent of the Lessor. Upon termination of Ihis lease for any reason, olher than the purchase of
Ihe leased property by Lessee, the Lessee at its expense shall forlhwilh return the leased properly 10 the Lessor in Hialeah
n~"?(lPn!"\ li'1 n,..,i (l~ , or 10 such olher place not more distant from the Lessee's place of business as the
Lessor shall designa~e, in good working condition, order and repair.
D, Inspection: Lessee shall, whenever requesled, advise Lessor of Ihe exacl localion and condition of the equipmenl,
Lessor may, for the purpose of inspection, at all reasonable limes, enler upon any job (and if properly not on Lessee's premises, lessee
will arrange for permission for Lessor's agenls 10 enter), building or place where the equipment is localed; and may remove Ihe equipmenl
forlhwilh, withouI notice to Lessee, if the lOquipment is, in the opinion of Ihe Lessor, being used beyond ils capacily or in any manner
improperly cared far or abused,
IV, liability:
A, Injury 10 Equipment: Upon the occurrence of any damage whatsoever to the within described properly, whelher
caused by Lessee or any persons whomsoever by reason of any cause whatsoever, including mechanical failure necessilating repairs, Ihe
Lessee shall be solely liable and responsible for' restoration 10 a condilion immediolely pre-exisling the said occurrence and shall be so
responsible for restoration notwithstanding the insufficiency of insuronce proceeds, if any.
B, liability to Others: The Lessee alone (and not the Lessor) shall be liable 10 all others whomsoever for all injury
and damage whatsoever from the effective date of Ihis Lease untilterminalion thereof arising oul of a claim which may be asserled by any
person, firm or corporation whomsoever, asserting a liability derived from Ihe equipmenl which is the subjecI mailer of this lease and Ihis
liability shall exist above insurance coverage, if any.
C, Inde"Tlnificalion: The Lessee indemnifies the Lessor against any losses whalsoeverr either as to Ihe equipment or
as to Ihird parties whic~, may re.uTt or may be claimed from Ihe effective dale of this lease relaling 10 Ihe equipment which is Ihe subject
mailer of this Lease, Should the Lessor be obligaled to pay any sums whatsoever, the Lessee agrees 10 immedialely reimburse Ihe Lessor
and to pay therefor interest at the highest legal rate and reasonable attorney fees, should the services of an altorney be required 10 enforce
the lerms of this Agreement,
D. Rent: In the event Ihe equipmenl for any reason whatsoever during the lerm of Ihe lease be in a condilion which
renders the equipment inop..7~-le, the Lessee shall nonetheless be obliged 10 pay the rental in accordance wilh Ihe lerms herein and Ihis
shall apply notwithstanding the return of the equipment to the Lessor for repairs or maintenance or for any purpose whalsoever and this
liability far the payment of rental shall continue wilhoul excuse for any reasons whatsoever" _
V, Insurance: {~~~nA/ ( t-1 7 t. 0 r .J;J ,) .
Lessee will maintoin insurance as follows: Lessee will deliver to Ihe lessor I "bilow-described; together
with paid premium r.ceipts therefor, and will pay the premiums thereon when they are due and furnish receipls Iherefor 10 Ihe Lessor, with
a company or companies acceptable to the Lessor having a Best Raling of A lriple plus A,
(a) A policy insuring the equipment against all perils, damage by accident, fire or other
casualty (negligent operation) and theft, in an amount of not less that the maximum insurable
value. The said policy to be payable to and held by Ihe Lessor; and
(b) A policy insuring H1trl:es-s"",-against liabi lity to anyone, including operators, workers ,:~")
and the general pub He, by. reason of the said equipment and its ownership, operation, use and (j )/[J
ma'ntenance'3t1:l.eOsa~I'F-lhta be payable'to and h..t.l(jy~&."oor, and in an amounl of not r.: ,j
less than $ JUI , UUU. UU for each person, $ 5U,. for each accident and
$ 300,000.00 for property damage,
VI, Rent and Term:
III, Condition of Equipment:
A. Term: The Lessor agrees to rent the said equipmenl to the Lessee for a period of Si X months. The
Lessee, not being in default under any of the terms of this agreement, may renew thereafter from month to monlh by paying the monthly
r~ntal when due \:~~;:~~ :';'; .11117 La:'lic;.u :'''11;111 huy. "KJ r1~11I IU ''llJIIIII''VIV ,II'W 1____ _I 1 , .... ;..l...__ .L_ ......:,.:...~I t....._ h,.c. Awft;r.d ~v aivi.....
. f,ftee" (IS) .Ill,. _,olio," ,"vl;~o), Lessee musl give thirly (30) days wrillen notice that he does seek 10 extend the lease as above for each
month to month monthly period,
, . . Lessee, in order to renew the lease on a month 10 month basis, must give a written nolice thirly (30) days prior 10 Ihe
expiration of the original term and each extension for thirty (30) days, staling that the Lessee desires 10 exlend Ihe Lease and for the term
of 0 period of the extension, Upon the termination as stated in the Lessee's leller, the term shall expire and Ihe Lessee shall be obliged
to return Ihe equipment as is herein provided. Upon Ihe failure of the lessee to give notice as herein required, the lerm shall expire as
provided herein and the Lessee shall be obliged to return the equipment in the manner herein provided.
B, Rent: The Lessee agrees to pay to the Lessor, at the office of the Lessor in Hi l=l1 el=lh G::l:rdens J Florida
, . - 'TWo 'Ihousand Five Hundred and no/lOO
or at such olher place os the Lessor sholl des ignote In wFltong, the sum of
Dollars ($ 2 ~500 00 ) per month,~ cis rent thereon, on the--2-l-day of each monlh, beginning on Ihe ::>1
day of August ,19 89, and continuing Ihereofter on the~lay of each succeeding month during Ihe I.rm
h.reof, and any .xl.nsions therein allowed or until the equipment shall be returned by the Lessee 10 Ih. Lessor, which.v.r sholl be Ih.
lal.r doled period, until the equipment shall be returned by Lessee to Lessor, It is underslood and ogr..d thaI Ihe Lessee will rent Ihe
Six
'TWo 'Ihousand
l. Ihe same of which is paid for the following reasons:
JPi.I>6~ nIDlEi~ ~~~ la1c::mdJlancex
VII, Oplion 10 Purchase: The Lessee shall have a limiled oplion 10 purchase Ihe within equipmenl by paying 10 Ihe Lessor
0% F:i.rs t 4 months pT"i IrE rate t.hereafter.
Ihe sum of $ 55 ~015. 00 plus Inleresl accruing i/;erion r.;m the aole of Ihis Agr.emenl 01 per cenl
per annum, less any sums heretofore paid by the Lessee os rent herein, This oplion to purchase may b. exercised onylim. oft.r ~
day. from Ih. commencement of this Agreement and prior to the expiration of the lerm and provid.d furlh.r that the L..see is nol in .fault
h.r.in, provid.d further Ihol poymenl is mode in cosh 01 the lime of the .xercise of the oplion and Ihol Ih. L.sse. pay any and all Florida
.01.. tax or any other loxes, levies or expenses incident 10 the exercise of Ihe said oplion, In oddilion, Less.. sholl be obligol.d 10 payor
r.imburs. Ih. longible properly tax for Ihe yeor in which the option is exercised.
VIII, Possession and Place of Us.:
A, Possession: The Lessor covenonts and agrees 10 and wilh Ihe Lesse. Ihol Ih. Lessor is the lawful owner of Ih.
said .quipmenl and Ihot, conditioned upon the performonce by Ihe Lesse. of 011 of Ihe condilions of Ihis agr.emenl, the Lesse. sholl
p.oc.obly and quietly hold, possess and use the equipment during Ihe lerm wilhouI hinderance.
B, Location: The Lessee agrees not to remove the said equipment from
County,
SIal. of Florida __, Country of U. S. A. wilhout firsl obloining Ihe wrillen
cons.nl of Ih. Lessor.
IX, Taxes: Lessee sholl pay 011 loxes and assessmenls (and interesl and penallies, if any Ihereon) which may be levi.d,
dir.clly or indir.clly, ogoinsl the leased property or any interest therein or with respecl to Ihe use Ihereof, whelher such loxes are levi.d
ogoin.t Ihe Lessor or Ihe Lessee, Such taxes to be paid by the Lessee sholl include, wilhoul limilolion, personal property, inlongible lax,
if any, soles and use taxes and any tax measured by Ihe gross rent payable hereunder, but sholl not include net inca'll. loxes payable by Ihe
L.ssor. If such loxes ore levied against the Lessor, it sholl nolify the Lessee of such focI. The Lessor sholl hove the righI, bul nol Ih.
obligolion, 10 pay any such laxes, whether levied agoinsl Ihe Lessor or Ihe Lessee, In such evenl, the L.ss.. shall r.imburs. Ih. L.ssor
Ih.r.for wilhin len (10) days after receipl of invoice, and for the failure to make such reimbursemenl when due Ihe Lessor shall hove 011
remedies provided herein'with respect to the non-poymenl of the rental hereunder.
X. Assignmenl and Encumbrance: The Lessee shall nol port with possession of the leased properly, of' sub-let or olherwise
dispose of or in any manner encumber the leased property, or permit any lien to exist upon iI, oth.r Ihan 0 li.n for property loxes nol in
d.foull, This lease cannot be assigned by the Lessee, even by operation of law, withoul prior wrilten consenl of the Lessor.
XI. Defaull by Lessee: On tbe occurrence of any evenl of defaull, Ihe Lessor may terminole Ihis lease by writl.n notic. 10
Ih. Lessee. Upon such lerminalion, the Lessee shall be obligaled forlhwith to relurn lhe leased properly at ils expense 10 Ihe Lessor, and
sholl also be liable to the Lessor for all unpaid rentals and for all damages which Ihe Lessor may sustain by reason of Ihe L.ssee's d.fault,
including withouI Iimilalion, 011 attorneys' fees and olher expenses incurred by the Lessor in an atlempt 10 .nforce the provisions of Ihis
Lease or 10 recover damages for the Lessee's default, lri addition, Ihe Lessor shall have upon such lermination such olher and furlher
remedies and rights os may be available at low by- reason of the Lessee's defaull. Upon Ihe failure of Ihe Le..ee, upon such termination,
10 relurn Ihe leased properly to the Lessor, the Lessor shall have the rig hI 10 enter upon any premises of Ihe Leuee in which Ih. leas.d
properly is localed and repossess Ihe same without prejudice to any olher rights and remedies herein slal.d. The Lessee expressly waiv.s
any aclion or right of aclion of any kind whatsoever against the Lessor growing oul of Ihe removal, repossession or relenlion of Ihe leas.d
properly. The following shall constitute "events of default":
(a) The failure of the Lessee 10 pay any installment of renlal or Ihe breach of any olher covenanls or con.
dilions contained in Ihe lease;
(b) The subject40n of the leased properly 10 any lien, levy or allachmenl;
(c) Any assignm.nt I:;y the Lessee for the benefil of credilors or Ihe admission by Ih. Less.e in wriling of
its inability 10 pay its debls generally os they become due;
(d) The appointment of 0 receiver, truslee, or similar official for Ihe Lessee or for any of ils prop.rly;
(.) The filing by or against Ihe Lessee of a petition in bankruplCy or a petilion for the reorganization or
liquidation of the Lessee under any federal or state law;
(f) Any action by the Lessee in furtheronce of any of the foregoing ev.nts.
(g) Any violation of the lerms and conditions herein,
XII. Idenlificotion of Equipment Ownership: The Lessee will nol remOVe or deface, nor allow 10 be r.moved. or d.faced, any
Insignia or olher mark. of identificalion of the said equipment, or insignia or marks indicating the own.rship of Ih. said equipm.nt, 10 be
in Ih. Lessor,
XIII. Altorney Fees: If Lessor is obliged 10 engage an altorney 10 enforce any provisions of this Agre.menl as against Ih.
L....., lhe L.ssee agrees to be r.sponsible for Ihe paymenl 10 the said altorney of a reasonable altorn.y f...
WITNESS'ES:
LESSOR:
, 19 --89.......
Shelley Tractor & EquipIrEnt Co.
DATED this
day of
AllgJJRt
By;
Title
LESSEE:
Monroe County
By:
A1tWO\UM 7010MI
AND LEGAl. StJIFICIE/fCr.
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