11/26/1968 Agreement
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ACRt'~E.iviENT, [nade and entered into this c::1 6 - day of
,---/ , A. D. 1968, by and between JACK COCKE &{ CO. ,
INC., Mobile, i\labanla, party of the first part, and the BOAJU) OF COtJj\TY
CCn,lMISSIONERS OF j:v'10NRO.E COljI'~TY, FLORIDA, Key West, Florida,
party of the second part,
\VITNEf.SETH, That the party of the first part, for and in consideration
of the covenants and agreements hereinafter rnentioned to be kept and per-
forr:n~d by the parties hereto, does hereby agree to let and lease and the
party of the second part does hereby agree to lease the following property
r,unufactured by the party of the first part, viz:
Three (3) Centra.! Deluxe 750 G. P.lvL Triple Combination
ournper s with Waterous CGGM-75 0 Single Stage Pump to
r.neet Class "A" Pmnping requirements and allied fire
fighting equipment mounted on a Ford C-850 chassis
furnished by Central Fire Truck Corporation, equipped
as set forth in party of the first part's proposal and
party of the second part's specifications,
tor a terrn of five (5) years.
The totalleasc price is to be Sixty-eight Thousand Seven Hundred
Sixty-three and 15/100 Dollars ($68,763.15).
IT IS }"GIZTI..IEH AGREEI):
FInST: That the operation and use by the party of the seconu pa.rt of
said fire equipment during the terxYlS of this lease contract shall be at its
own expense and risk, including the cost of full and complete insuran;::e cov-
erage of said fire equipment against all physicalloss with the loss payable
clause of said policy or policies to include Jack Cocke & Co., Inc., of 1VLo-
bile, .Alabalna, the said first party, its successors or assigns; that it will
bear and pay any and all costs, expenses, charges and liabilities of every
kind whatsoever, which during the lease lYlay be imposed upon or assessed
against or result to the party of the first part on account of possession, use
or n'laintenance of said apparatus by the party of the second part.
SECOND: That if the said fire equipment or any part of same shall be
dan.1.aged or destroyed through, by or in consequence of the negligent or other
tortious act or orn.ission of the party of the second part, the party of the second
;)a.rt shall prolnptly replace or repair the damaged or destroyed part or pay
the value of same in cash, and it shall not be entitled to any deduction for the
time during which said apparatus is out of repair.
THIRD: That the party of the second part will pay in cash to the party
of the:: first part, installrnents as follows:
$10,500.00,
$12,665.55,
$12,159.36,
$ l' "'" "7 2
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$11,14;).08,
$10,639. .:lA,
payable on delivery date.
payable one year from delivery date.
payable two years fronl delivery date.
payable three years Irorn delivery date.
payable four years frorn delivery date.
pay,~ble five years horn delivery date.
.F ot..! R'I'll: That if default be m.ade in the pay..aent of any of the above
::-:nentioned payn"1cnts or J.ny of the agreec1cr'ts of the party of the second
;El.rt herein expressed, then the party of the fi.C:Jtoart, its servants, agents,
.lttorneys or renresentatives, rnay enter I.l.t~V"' (he prernises and into the building
where said fire cquiplnent IndY be and take posscst'ion of said fire equiprnent
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a.nd appurttmances and property and take away, repossess and enjoy the
sarne as though these presents were not rnade. and the party of the first
[Mrt shall have the right to retain any and all paynlents rnade to it by the
'')arty of the second part prior to the tirl'le of such default.
FIFTH: The party of the second part shall have an option to purchase
said fire apparatus and equipment at the agreed price of $68, 763.15, payable
in cash at the time of exercising the option. If the party of the second part
elects to exercise such option, all uayrnents therefor inade as rental shall
b", credited as part of said purchasu price.
SIXTH: Should the first party, upon the happening of any default here-
Wlder by the second party, enlploy an attorney to collect any sums of money
due or to enforce any of the agreenlents or covenants herein contained, the
second party agrees to pay all reasonable attorney fees so incurred by the
first party.
SEVEl'>.ITH: That the said fire equipment and appurtenances shall be
held at and not rernoved froIn 1\.'10nroe County, Florida, without the written
consent of the party of the first part first had and obtained.
EIGHTH: Upon payment of the final payment as provided above, the
party of the second part shall be considered to have exercised the purchase
option as provided above, and all the rights. title and interest of the party
of the first part in and to said fire trucks shall vest in and become the
property of said party of the second part, and said party of the first part
a.grees it will thereupon cause the title to the aforesaid fire trucks to be
transferred and conveyed to the party of the second part free and clear of
all liens. encumbrances, obligations and conditions.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be executed in their respectiv€~ names, all as of the day and year here-
inabove written.
Signed, Sealed and I)elivered
in Our Presence:
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JACK c:...OCKE & CO., INC /',!
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Attest:
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BOARD 01 COUNTY COM1USSIONEHS OF
MONROE COLNTY. FLOHID/\
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of the Board.
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Comity and Chairman
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Attest: ~c<- A'=dd;"t:N
Clerk of the Circuit Court of:.lonroe
COtmty, Florida and ex officio Clerk
of the I30ard of County Comrnissioners
of .Monroe COWlty, Florida.