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Resolution 506-1989 RESOLUTION NO. 506-1989 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 KAWASAKI FRONT END LOADER MODEL 65ZII. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor/Chariman 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 Kawasaki Front End Loader Model 65ZII, 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 3() t-~ ,4 li:r.s-t: day of A.D. 1989, BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ( "-- ...... ~~ cO ...... By ///I~ 41/4- Mayor/Chairman l t: co 0.::::::: l.. 0- W-! C--': l... L. ffl l:_ (SEAL) Attest: DANNY L. KOLHAGE, Clerk ~~J/f~~ AfflL-DM TO,.., AND LEGAl. StM/CfEIIICr. /7 ;' 8YO>,,4~~_~ AtrOFnl"'/1 0 c," . . ..,,'" EQUIPMENT LEASE I, Partie.: Th.. L....or .hall b.. Shelley Tractor & Equipment Co. with ollie... locat..d at Rnnn N W 1n3 ::;tl"'Ppt , inthe City 01 H1 a 1 eM Gardens County 01 Dade and Stat.. 01 Florida , and the less.... .hall be at Monroe Col.Jrl~ Municipal Service District , wilh ollice. located , in the City 01 Key West County 01 lYbnroe and State of Florida , and the parties ag'.. in the manner hereinalter .et forth in accordanc.. with the term. and condilion. h..rein .el lorth, and in consideralion of the exchange of Ihe mutual covenants contoined herein. II, Lea.e Agr....m..nt & Equipment De.cription L..ssor h..r..by I..as... to L....e.., and L..sse.. h..reby hir..s and tokes 'Irom Lessor, the following described properly (hereinafter, with 011 r..placement porI., addilions, repair. and acc....orie. incorporated th..rein and/or affixed thereto, referred 10 a. "equipment")G (D...cription 01 equipm..nt, including make, kind of unit, serial and model numb..rs, and any other pertinent information): One new Kavvasaki front end loader Model 65211, S/N0467 with over 20.5-25-12PR rock L3 tires, and 2.6 yard material handling bucket and all standard equipment. '" III, Condition of Equipment: A. 1 year or 1500 hours. If purchased at end of 6 months warTanty is 3 years or 5,000 hrs. an pcwertrain A, No Warranty: le..or, nal being Ih.. manufacturer of the equipment, make. no varranty against palenl or latent defects in mal..rial, workman.hip or capacity of the equipm..nt; nor warranty that th.. equipmenl will salisfy Ihe r ' , -rur.:--specificciltcm'-or-e'011'In:n:T-wfrl1:'l1-pTO...,des fe, sp.oiJ-i-G-ma.chi.wSl~~ ... ~_ 0 s; 0 iabi lilies ari sing Iherefrom ore assumed by Lessee at its s~le, ~.i~k_ao.d-_,O.xpan..rNtrOTat-agree;ne"'ri't; guarantee, promise, condition, representation or warran,y shull lI. b~i-4U-pr.j..r-convers'atio";.; agr..ements or r..presentations relaled herelo and/or to said equipment ore inlegraled herein. No modifica. tilln hereof sholl b.. binding unless in wriling signed by Lessor, Notwithstanding Ihe above, Ihe warranly, if any, of Ihe manufaclurer will inure to the benefit 01 Ihe l...see, if applicoble, B, Repairs: Lessor shall not be obligaled to make any repairs or replacemenls; Lessee shall not incur for Lessor's accounl or liabilily any exp..nse therefor withouI Lessor's prior wrillen consenl. Lessee shall inspecl Ihe equipmenl upon its receipt and unless, 01 this time, Lesse.e notifies the d..tails of any delects in writing, Lessee shall hove conclusively be presumed to have accepled Ihe equipment in its condition, Iree 01 the claim of defects Lessee agrees, during th.. continuance of this agreement, to make, at the expense 01 th<; ~ ssee, and at no cost to the L..ssor, any ond all repairs (including mainlenance and replacements) which may be necessary 10 keep Ihe said equipment in as good 0 condition os it is now, reasonable use and wear Ihereof excepted. C, U.e and Relurn: Lessee shall cause the equipment 10 be operaled by compelenl employees only (licensed where applicable), and shall pay 011 expenses 01 operalion. The Lessee sholl exercise due and proper core in the use and servicing 01 Ihe leased properly, and 01011 times and at its expense, sholl keep and maintain the leased properly in good working condilion, order and repair, Lessee sholl be obliged to maintain the equipment according 10 manulacturers' specilications and warranly requiremenls where applicable and shall cause Ihe said equipment 10 be serviced in conlormily wilh these regulalions, The Lessee shall make no allerations, addilions or removals to the leased properly without the written consent of Ihe Lessor, Upon lerminalion 01 Ihis lease lor any reason, olherH1ail1~~rchase 01 the leased property by lessee, Ih.. lessee al ils expense sholl forlhwilh return the leased property 10 the Lessor in (f;::rr<1pr1!=; 'P1 err; n::l , or 10 such olher place not more dislanl Irom Ihe Lessee's place 01 business as Ihe Lessor sholl designate, in'good working condition, order and repair, D, Inspection: Lessee shall, whenever requested, advise Lessor 01 Ihe exact localion and condition of the equipmenl, Lessor may, for the purpose 01 inspection, al all reasonable times, enler upon any job (and if properly not on Lessee's premises, Lessee will arrange for permission lor Lessor's agents 10 enter), building or place where the equipmenl is localed; and may remove Ihe equipmenl forthwith, without notice to Lesse.., if Ihe "quipment is, in the opinion 01 the Lessor, being used beyond ils capacity or in any manner improperly cared for or abus..d, IV, Liability: A, Injury 10 Equipmenl: Upon the occurrence of any damage whatsoever to Ihe wilhin described properly, whether caused by lesse.. or any persans whomso..ver by reason 01 any cause whalso..ver, including mechanical failure necessitaling repoirs, Ihe Lessee shall be solely liable and r..sponsible lorresloration to a condition imm..diately pre.exisling Ihe said occurrence and shall be so responsible lor restoralion nolwithstanding the insufficiency 01 insurance proceeds, if any. B, Liability to Others: The Lessee alone (and not the Lessor) shall be liable 10 all others whomsoever lor all injury and damage whatsoev..r Irom the effective dat.. 01 this Lease until terminalion thereof arising oul 01 a claim which may be asserled by any person, lirm or corporation whomsoever, asserting 0 liability derived Irom the equipment which is the subject mailer of this lease and Ihis liability shall exist above insurance coverage, il any, C, Ind..",nilication: The Lessee indemnilies the Lessor against any losses whatsoever, either as 10 Ihe equipmenl or as to third parties which may resuli or may be claimed Irom the effective date ollhis lease relating to the equipmenl which is the subjecl moiler of this L..as.., Should th.. Lessor be obligated 10 pay any sums whatsoever, the Lessee agrees 10 immediately reimburse Ihe Lessor and 10 pay therelor interest at th.. highest legal rate and reasonable attorney lees, should the services 01 an altorney be required 10 enlorce the terms 01 this Agre..ment, D, Rent: In the ev..nt the equipmenl for any reason whalsoever during the lerm of the Lease be in a condition which renders the equipment inop';;able, the Lesse.. shall nonetheless be abliged to pay the renlal in accordance with Ihe lerms herein and Ihis shall apply notwithstanding the return of the equipmenl to Ihe Lessor lor repairs or maintenance or for any purpose whalsoever and this liability for the paym..nt of r..ntal shall continue withoul excuse lor any reasons whatsoever, V, Insurance: C f'/\,) 1/ f F( it! t-- d -;::: I fJ ,S Lessee will mainlain insurance as lollows: Lessee will deliver to the Lessor +lTr-pc>~.I--o.s.,..ibed, "ogll,her' wilhl'aid premium receipts therelar, and will pay the premiums thereon when they are due and lurnish receipls Iherefar 10 the Lessor, wilh a-",ompany or companies acceptable to the Lessor having a Besl Roling 01 A lriple plus A, (a) A policy insuring the equipment against all perils, damage by accidenl, lire or olher casualty (negligent operation) and thelt, in an amounl 01 not less that the maximum insurable value, The said policy to be payable to and held by Ihe Lessor; and (b) A policy insuring t'he-l.,..uQI.against liability to anyone, including operators, workers and the general public, by reason 01 Ihe said equipment and its ownership, operalion, use and C', ,yf) ma'"tenance3el~fswe>a'tJo t.........paycrbl" I... .....d Il".J.d'\u:butr.~ and in an amounl 01 not V (: ., less than $ , . lor each person, $ jU, lor each ace idenl and $ ,00,000.00 for properly damage, ' VI, R..nt on T..rm: A, Term: The Lessor agrees to rent the said equipment to the Lessee for a period 01 S; X monlhs, The Lessee, not being in default under any 01 the terms 01 this agre..ment, may renew therealter from month to monlh by paying Ihe monlhly rental when due (p._u:.J~~ .~_. .L. IT'lrr fL,,!! L_.~ .1..1' ri.~t t. tlrll1ili...t. thl I.... .t .M, ti~l.ft t~ ,iliR.1 AT m~. ~.i.~ 'lli "R' ~Ih..n \I~J dgYli Wrlll'IJlI l1ull~'Ir}. Lessee must give thirty (30) days written notice that h. do.. seek to extend the I.ase as above for eoch month to month monthly period, less..e, in order to renew the lease on a month 10 month basi s, must give a written nolice Ihirly (30) days prior tll the . expiralion 01 the',o.riginal term and each extension for thirty (30) days, staling thaI Ihe Lessee desires 10 exlend Ihe Lease and lor the term ,010 period 01 Ihe exl..nsion, Upon the termination os .tated in the Lessee's lell..r, the lerm shall expire and Ihe Lessee shall be obliged to return Ihe equipment as is herein provided, Upon the fai lure of the Lessee to give notice os herein required, the term sholl expire as provided herein and the L..ssee sholl b.. obliged 10 return the equipment in Ihe manner herein provided, \' B, Renl: The Lessee agrees 10 pay 10 Ihe Lessor, 01 Ihe onice 01 Ihe Lessor in il..ld.leah Gardens, Florida or 01 such other place os the Lessor sholl de. ignote in wriling, Ihe .um 01 'TWo 'Ihousand Five Hundred and no/IOO Dollars ($ 2,500.00 ) per monlh,::xa<aa;~ as rent Ihereon, on Ihe--1.Ldoy of each month, beginning on the 2l' day of August ,19 89, and conllnu,ng thereolter on the ~}Oy 01 each succeeding month dUring Ihe lerm hereof, and any extensions there,n allowed or unl" Ihe equlpmenl sholl be returned by the lessee 10 the Lessor, whichever sholl be the loler doted period, until the equipment .holl be relurned by Le.see to Lessor, II i. underslood and agreed Ihol Ihe Lessee will renl Ihe equipmenl for the above minimum 01 Six months, and Ihol upon Ihe breach of any 01 the provisions 01 this Agreemenl by Ihe Lessee prior to Febr~ , 19 Xj ,9tRe enlire renlol otlhe oloresoid monlhly role, from the dote 01 Ihe said breach 10 and including lhe dote losl olorewrillen sholl, 01 Ihe oplion 01 Ihe Lessor, become due and payable at once wilhoul nOlice, and such sum sholl be in addition to any other damages occosroned by such breach. All payments due under Ihisogreemenl sholl bear simple interesl 01 Ihe highest legal rote allowable by the State 01 Florida from due dote until paid, C, lessee sholl be obligated 10 pay Ihe renl agreed upon os above, nolwithstonding any excuses Iherefor, il being underslood Ihol the equipmenl i. expensive, Iimiled purpose. and in many occasions especially acquired or prepared for Ihe use by Ihe Lessee and the porlie. agree Ihot the Lessor will hove susloined 0 loss of on omounl equal to Ihe .ums agreed 10 be paid by the Lessee in Ihe event Ihe Lessee should breach the agreements in any manner, This sum .holl hove agreed 10 be earned by Ihe Lessor os agreed upon and liquidoled sum. and the .ome will not be imposed os 0 penally, bul 0 lair and reasonable reimbursemenl 10 Ihe Lessor 01 sums which Ihe Lessor would otherwi se become enlitled in the absence 01 0 breach 01 this ogreemenl by Ihe Lessee. D, The Lessee this day pays and the Lessor acknowledges receipt 01 Ihe sum of '}WO 'Ihousand Fi ve Hundred and no/IOQ,OLlARS ($ 2,500.00 L Ihe some of which is paid for Ihe lollowing reasons: ncin;::t~llrmexrt:x:m~~(lIl;I.V; VII, Oplion to Purchase: The lessee sholl hove 0 limited option to purchase the within equipmenl by paying 10 Ihe Lessor 0% f'irs t 6 mon.ths oY'i rre rate thereafter. Ihe sum of $ 70 )iR5..D.O.-_ptus Interest accrUing iIiJre6','-frOm Ihe aate of tliTs Agreement at per cenl per annum, less any sum. heretolore paid by the Lessee os renl herein, This option 10 purchase may be exercised anytime after ~O days from Ihe commencement of Ihi s Agreement and prior to the expiration 01 the term and provided furlher Ihol Ihe Lessee is not in efault herein, provided furlher that payment is mode in cosh at the lime of the exercise 01 the oplion and Ihol the Lessee pay any and 011 Florida sales lax or any other toxe., leVies or expenses incident 10 the exercise of Ihe said oplion, In oddilion, Lessee sholl be obligoled 10 payor reimburse Ihe longible property tax lor the year in which the option is exercised, VIII, Possession and Place 01 Use: A, Possessi~;-Lessor covenants and agrees 10 and wrth the Lessee Ihol the Lessor is Ihe lowlul owner of Ihe said equipmenl and Ihol, conditioned upon the performance by the Lessee 01 011 01 the conditions 01 Ihis agreement, Ihe Lessee sholl peaceably and quietly hold, posse.s and use the equipment during the term wilhout hinderance. B. Location: The Lessee agrees not to remove the said equipment from Counly, SIole of Florida , Country 01 U.S. A. wilhouI lirsl obloining Ihe wrilten consent of Ihe Lessor. IX, Taxes: Lessee sholl pay 011 taxes and assessments (and interest and penollies, if any Ihereon) which may be levied, directly or indireclly, against the leased property or any interesl therein or wilh respect to the use Ihereof, whether such loxes ore levied against the Lessor or the lessee, Such loxes 10 be paid by the Lessee sholl include, without limilolion, personal property, intangible lox, if any, soles and use taxes and any tax measured by the gross rent payable hereunder, bUI sholl not include nel income taxes payable by Ihe Lessor, If such taxes ore leviod against the Lessor, it sholl notily the Lessee 01 such loct. Tho Lessor sholl have the righI, bUI not Ihe obligalion, 10 pay any such taxes, whether levied againsl the Lessor or the Lessee. In such evenl, Ihe Lessee sholl reimburse the lessor therefor wilhin len (10) days after receipt of invoice, and for the loilure to make such reimbursemenl when due Ihe Lessor shall hove all remedies provided hereinwilh respect to Ihe non-payment 01 the rental hereunder, X. Assignment and Encumbrance: The Lessee sholl not port with possession of Ihe leased property, A,' sub.'el or olherwise dispose of or in any manner encumber the leased property, or permil any I ien to exisl upon iI, other Ihan 0 lien for properly taxes not in default, This Lease cannot be ossigned by the Lessee, even by operation 01 low, without prior writlen consent of Ihe lessor. XI. Deloult by Lessee: On tbe occurrence 01 any event 01 deloult, Ihe Lessor may lerminote Ihis lease by wrillen nolice 10 Ihe lessee. Upon such termination, the Less..e sholl be obligated forlhwilh to reI urn Ihe leased properly 01 ils expense to Ihe lessor, and shall also be liable to the Lessor for all unpaid rentals and for all damages which Ihe Lessor may suslain by reason of Ihe Lessee's defaull, including without limitation, all altorneys' feos and other expenses incurred by Ihe Lessor in on allempl to enforce the provisions of Ihis Lease or 10 recover damages for Ihe Lessee's default. hi addition, Ihe Lessor sholl hove upon such terminal ion such other and furlher remedies and rights os may be available at low by'reoson of the lessee's default, Upon Ihe failure of Ihe Lessee, upon such terminallon, to relurn Ihe leosod property to the Lessor, the Lessor sholl have the righl to enler upon any premises of Ihe Lessee in which Ihe leased properly is located and repossess the some without prejudice 10 any other rights and remedies herein slaled. The less.e expressly wolves any aclion or right of action of any kind whatsoever ogoinst the Lessor growing Oul of Ihe removal, repossession or relenlion of the leased property. The following sholl con.titute "ovents of default": (0) The failure of the Lessee to pay any installment of rental or Ihe breach of any olher covenonls or con. ditions containod in the loase; (b) The subjecl.on of the leased property to any lien, levy or ottochmenl; (c) Any ossign,"..nt ~y the Lessee for the henefit of creditors ar the admission by the Lessee in writing of its inability to poy its debts generally os they become due; (d) The oppoint'llcnt of 0 receiver, trustee, or similar official for Ihe Lessee or for any of its property; (..) The filing by ar against Ihe Lessee of 0 petition in bankruptcy or 0 pelillon for Ihe reorgonizalion or liquidation of the Lessee under any federal or state low; (f) Any action by the Lessee in furtherance of any of the foregoing events, (g) Any violation of the terms and conditions herein. XII, Identilication 01 Equipment Ownership: Tho Lessee will not remove or deface, nor allow 10 be removed. or defaced, any insignia or other mark.. of identificolion of tho said 'equipment, or insignia or marks indicating the ownership of Ihe said equipmenl, 10 be in Ihe Lessor. XIII, Allorney F..es: If Lossor is obliged to engage an ollorney 10 enforce any provisions of this Agreemenl as ogainsl Ihe Leuee, the lessee ogrees to be res pons ible for the poymenl to the said oltorney of 0 reasonable altorney fee, WITNESS'ES: LESSOR: ,19~. Shelley Tractor & Equiprrent Co. DATED this /1 day of AllgJlRt By: Ti t le LESSEE: Monroe County By: Title .uJUD._.1O~ AND LEGAl ~ACf. . ., 8y~b{t;o/. ~ An umf"(' Office