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Home My WebLink AboutR-1990-D5731 Equipment Rental / F.B. Leopold CO., Inc.• 1 • RESOLUTION NO. D 5 7 3 1 A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Rental Agreement with F. B. Leopold Co., Inc. WHEREAS, the City of Yakima desires to rent one 12" x 12" Pilot Column for a pilot study at the Naches River Water Treatment Plant, and WHEREAS, the City Council on March 13, 1990 approved the rental of said equipment in an amount not to exceed $5,000.00, and WHEREAS,. F. B. Leopold Co., Inc. has agreed to rent said equipment to the City of Yakima, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereb\ authorized and directed to execute the attached Rental Agreement with F. B. Leopold Co., Inc., under the terms and conditions set forth in the Rental Agreement which is attached hvreto and b\ reference made a part hereof. The expenditures under said Rental Agreement shall not exceed S5,000.00. 1 9U.q •-lf‘ ADOPTED B1 THE CITY COUNCIL this 11 day of ATTEST C41,1c City Clerk (res leopold) (QUt Mayor (Leopold • TO. Ty Wick City of Yakima PROJECT NAME RENTAL AGREEMENT between F. B LEOPOLD CO., INC. and City of Yakima (Customer/Company Name) City Hall, Yakima WA 98901 (Customer/Company Address Neches River Water Treatment Plant DATE March 23, 1990 PROJECT NO.: LEASE. Customer desires to lease from Lessor upon the terms and conditions of this ;reement the following equipment ("Equipment"). Desc ion of Equipment' yf' 'y One 12" x 12" pilot Column per aittacrtl drawings ~"iwo-.ys start-up o ,. LEASED UNIT �o. A. The term of .t-1 Agreement ("Term") shd1 ..gommence the date the has been shipped to the Cus bec. The Term shall 4-tn the date Customer ships all of the Equipmen't`vhia truck with reputable trucking company from Customer's premises to Lessor (or ds it may so direct) with freight and adequate insurance prepaid. B. Lessor may terminate this Agreement at any time on thirty (30) days prior written notice to Lessor. Upon any such termination, Customer shall ship the Equipment in accordance with this Section not later than the last lay of such thirty (30) day period. C. CUSTOMER IS RESPONSIBLE FOR RETURNING THE EQUIPMENT TO LESSOR IN CLEAN CONDITION AND GOOD WORKING ORDER. 4111) RENT - Rent sha?? dol 1 ars $ 11000,00 bo paid monthly in the amount of One Thousand payable hereunder In the event this day of a calendar provided Customer remit to Customer of the month. in advance throughout the Term. Minimum rent shall be One Thousand dollars $ 1,000.00 Agreement is terminated on any day other than the last month, then rent for such month shall be prorated and, is in compliance with this Agreement, Lessor shall any excess rent paid by the Customer at the beginning jcct to additional condi PRICE $ 1,000 00/month nlus $550.00/da,,, start -yup inns on the reverse side.) estimated shipping weigh Estimated shipping cost _ lvFt'..:u 5uu,ri cca i s. 2,000 lbs. Volume 124 cu. ft. $ (estimate to follow) Accepted by' C y Manager At Oa.^ �C, - > By: F. B. Leopold Co., Inc. .L21 Product. ,lananer Date. "arch ,_;, 199C 1. Additional Beat. As Aee}tioeal Rent, Customer snall.oe repansiole for and shaT1 pay II) all costs of repairing any damage to the Equipment (which repair shall be performed exclusively by Lessor) and (2) all freight and insurance costs for Lessor's shipment of the Equipment to Customer and for Customer's return shipment of the Equipment to Lessor (or as it may direct). If. at the end of the Term, Lessor shall request Customer to ship the Equipment to any location other than Lessor's premises, provided Customer is in compliance with this Agreement and shipment is made timely, Customer shall not be responsible for paying freight and insurance for shipment to an alternative location. The cost of labor for packing and unpacking the Equipment shall also be a Customer expense and included in Additional rent. 2. Installation, Operation and Maintenance A. Customer shall install the Equipment in accordance with the instructions set forth in the operation and maintenance manual relating to the pilot column B. Customer shall promptly notify Lessor of any defects or damage with respect to the Equipment. C. Lessor shall repair the Equipment at Customer's expense, except with respect to defective parts which Lessor shall repair or replace at its own expense pursuant to Section 6 - Limitation of Warranties, hereof. D. Customer shell kpeo ,n1 mlin'eir. thr ��nt 7 good ,pe -u;. ny condition at a 1 time thru:ighout the Tela) hereof so that the value and operating efficienty thereof will at all times be maintained and preserved E. Customer agrees that Lessor may from time to time enter upon the premises where the Equipment may be located for the purpose of inspecting the same and observing its use, and for maintenance of, if required, and not performed by Customer. 3. Location Customer agrees the Equipment shall be kept and maintained at its premises specified in the address set forth above and at no other location whatsoever without Lessor's prior written consent. At all times. Customer shall keep the Equipment safe and secure. 4. once Customer agrees, upon Lessor's request, to purchase and main •t its expense insurance en the Equipment against loss or g by fire, explosion tnd all otrzr hsztrds and risks or. y subject to exte . nveraya i,.;i.•r,nc:: and aSainst suc, r hazards and risks as Lessor may t fon the full fair rent value (new) thereof by policies in s and with c. es satisfactory to Lessor. Customer further agree i ense, for the protection of Lessor and Customer, as their in appear, to obtain and maintain, with insurance e•e .., s of rec•. d standing, general public liability insurance, nts specified by Le against claims for bodily injury or or property damage arising ou the use, ownership, sion, operation, or condition of the Equ Certs_' - opies of all such insurance policies shall be deli upon demand and shall contain a provision showing loss payab essor. Default. Any one of the ioiiowing events wili constitute an event of default hereunder ('Defaalt') (1) Failure to pay when due any Rent or Additional Rent; (2) Failure by Customer to perform, keep and observe any terms, provision, warranty or condition contained in this Agreement or in any other agreement, instrument or document heretofore. now or hereafter executed by Customer and delivered to Lessor; (3) if at any time or time hereafter any warranty, representation, statement, report or certificate now or hereafter made or furnished to Lessor by or on behalf of Customer is not true and correct, (4) if the Equipment or all or any part of Customer's property is attached, seized. subject to a writ or distress warrant, or is levied upon, or comes within the possession of any receiver, trustee. custodian or assignee for the benefit of creditors, (5) the death or dissolution of the Customer; (6) the filing or commencement of any application or proceeding by or against Customer for dissolution or liquidation; (7) the filing by or against Customer or any proceeding under the Bankruptcy Act or for the appointment of a receiver. trustee, or custodian for all or any part of the property of Customer. (8) the making by Customer of an assignment for the benefit of creditors; (9) the attempt by Customer to make an adjustment. settlement or extension of debts with its creditors; (10) the filing of a notice of tax lien or the existence of any other lien or encumbrance with respect to the Equipment, Customer. or all or any part of Customer's property; or (11) if Customer is enjoined. restrained or in any way prevented by court order or otherwise from conducting all or any part of this business affairs in the ordinary course. 6 Limitation of Warranties LESSOR WARRANTS THAT THE EQUIPMENT WILL BE IN MENT IN THE EVENT THE EQUIPMENT FAILS TO WORK FOR ANY REASON WHATSOEVER AFTER. SHIPMENT TO CUSTOMER, THEN LESSOR ASSUMES NC ''E r eI llITS ';�a-SOE'ER E.CE�T T7 REa •s re REPLACE AMY DEFECTIVE PARTS.THE FOREGOING WARRANTIES ARE IN LIEU OF' ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED 04CIUD►'4G B1IT NOT LIMITED TO WARRANTIES AS TO DESIGi! OR l'} ID 1 i() LIE III r PAZITh Dr T�'t ' o -r NO WAKIZANTY IS GIVEN AS i0 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE 7 GENERAL A. This Agreement is intended to create a net lease. Customer agrees it is responsible for all costs. expenses, liabilities, and risks of every type and description with respect to the operation, use, possession or shipment of Equipment during the Term hereof, including taxes attributaale to the use or rental of the Equipment (exclusive of Lessor's income taxes) B This Agreement may not oe amended or modified except by a written agreement executed by the parties hereto with the same formality as this Agreement. C. Notwithstanding anything to the contrary herein, this Agreement may not be assigned by any of the parties hereto without the prior .rritten consent of the other party D This Agreement and all transactions hereunder shall be governed by Lne laws of Pennsylvania applicable to contracts to be entirely performed therein