HomeMy WebLinkAboutContract 56413 CSC No.56413
EQUIPMENT LEASE AGREEMENT
DATE: 09/20/21
LESSEE: City of Fort Worth PHONE: 817-392-6170
DOING BUSINESS AS:
ADDRESS: 5201 CA Roberson Blvd
CITY: Ft Worth COUNTY: Tarrant STATE: TX ZIP CODE: 76119
LESSOR: All-Tex Ice Service PHONE: 940-626-1423
ADDRESS: P O Box 997
CITY: Decatur COUNTY: Wise STATE: Texas ZIP CODE: 76234
Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor the
following described personal property (hereinafter with all replacement parts,
additions, repairs and accessories incorporated therein and/or affixed thereto,
referred to as "equipment").
QUANTITY ITEM MODEL NO. SERIAL NO.
1 LEER(Merchandiser) 401SA25MS FAB-0574
Lessor hereby agrees to pay to Lessor, its agents or assigns, at its mailing address
to All-Tex Ice Service, P O Box 997, Decatur, TX 76234 the total monthly
payment set forth below on the _ 20th day of each month commencing with
the beginning date hereof. Rentals required to be paid on the day of installation
are as follows: The _1st month at $200.00 plus $100.00 _ delivery &
setup fee totaling $300.00 .
OFFICIAL RECORD
*$100.00 due at the end of lease for picking up merchandiser. CITY SECRETARY
FT. WORTH, TX
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TERM OF LEASE BEGINNING DATE ENDING DATE MONTHLY RENTAL
When
Month to Month 09/20/21 Cust Cancels $200.00
The term of this contract shall be automatically renewable for like periods, the
first of such renewal periods to commence upon the date of expiration of this
contract, unless either party shall notify the other in writing no less that thirty
(30) days prior to the expiration of the original agreement or the expiration of any
renewal period and in such event the Lessee shall pay the same amount for the
same equipment on the tax laws applicable hereto.
PLACE OF USE: Lessee shall keep the equipment at 5201 CA Roberson FW Texas
County of Tarrant , State of Texas, until Lessor in writing permits its removal
and shall be used in the conduct of Lessee's business solely.
THE FOLLOWING WARRANTIES, COVENANTS, TERMS AND AGREEMENTS ARE
INCORPORATED HEREIN AND MADE A PART HEREOF FOR ALL INTENTS AND
PURPOSES.
PAYMENT: All rental payments are due 30 (30) days of the date due each month
as specified above. All payments shall be made to Lessor at its mailing address in
Wise County, Texas.
If Lessee is a corporation, this lease is executed by authority of the Assistant City
Manager with the appropriate delegated authority pursuant to the City's Charter.
All-Tex Ice Service (LESSOR) City of Fort Worth(LESSEE)
Karla Davie(Sep 23,2021 11:43 CDT) (BY) Valerie Washington(Oct 4,202110:41 CDT) (BY)
Karla Davie Valerie Washington
Office Manager Assistant City Manager
Sep 23, 2021 (DATE) OCt 4, 2021 (DATE)
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 2
LANDLORD'S WAIVER: Intentionally omitted.
REPAIRS: Lessor will maintain and keep equipment in good working order. Lessor shall respond
to request of service with 24 hours of report, unless hindered by conditions beyond its control.
OPERATORS: Lessee shall cause the equipment to be operated by competent employees only
and shall pay all expenses of operation.
INSURANCE: The Lessee is a governmental entity under the laws of the state of Texas and pursuant
to Chapter 2259 of the Texas Government Code, entitled"Self-Insurance by Governmental Units,"
is self-insured and therefore is not required to purchase insurance. Lessee will provide a letter of
self-insured status as requested by Lessor.
TAXES: Lessee shall comply with and conform to all laws and regulations relating to the
ownership, possession, use of maintenance of the equipment and save Lessor harmless against
actual or asserted violations, and pay all costs and expenses of every character occasioned by or
arising out of such use, and pay promptly when due all taxes and other public charges against or
upon the equipment.
TITLE: All said equipment shall remain personal property, and title thereto shall remain in Lessor
exclusively. Lessee shall keep the equipment free from any and all liens and claims and shall do
or permit no act or thing whereby Lessor's title or rights may be encumbered or impaired. Upon
expiration or termination hereof, the equipment shall be returned unencumbered to Lessor by
Lessee at Lessee's sole expense and in the same condition as when received by Lessee,
reasonable wear and tear resulting from proper use thereof alone excepted. Lessee shall pay
rent at the sale rate until all said equipment arrives at Lessor's premises.
INSPECTION: Lessee shall whenever requested, advise Lessor of the exact location of the
equipment and shall give Lessor immediate notice of any attachment of the judicial process
affecting the equipment and indemnity and save Lessor harmless from any loss or damage caused
thereby. Lessor may for the purpose of inspection at any reasonable time,enter any job, building
or place where the equipment is located and may remove the equipment forthwith, after seven
(7) days notice to the 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.
NON-WAIVER: Time is of the essence. Lessor's failure at any time to require strict performance
by Lessee of any of the provisions hereof 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. Lessor's rights thereunder are cumulative and not alternative.
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vrw (LESSEE'S INITIALS)
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POSSESSION: Lessor covenants to and with Lessee that Lessor is the lawful owner of said
equipment free from all encumbrances and that conditioned upon Lessee's performing the
condition hereof. Lessee shall peaceably and quietly hold, possess and use the equipment during
said term without lot or hindrance.
ASSIGNMENTS: Neither this lease nor Lessee's rights thereunder shall be assigned except with
Lessor's written consent, the conditions hereof shall bind any permitted successors of Lessee. If
Lessor assigns the rents reserved herein on all or any of Lessor's other rights thereunder,
assignees rights shall be independent of any claim of Lessee against Lessor. Lessee on receiving
notice of any such assignment shall abide thereby and make payment as may therein be directed.
Following such assignment, the term "Lessor" shall be deemed to include or refer to Lessor's
assignee.
CASUALTY AND NON-OPERATION: The Lessor shall not be liable for any loss or damage or
expense which is incurred as result of delay, strikes, storms, wars emergencies, labor troubles,
belated receipt of materials, fire floods, water, Acts of God, or other circumstances beyond its
control. Lessor shall not be liable for any direct of consequential damages resulting from the
installation, operation, or use of the products or materials furnished by Lessor. Lessee agrees
that Lessor has made the warranty or representation with respect to the durability of the leased
equipment for the purpose intended by Lessee.
IRREVOCABLE: This lease is irrevocable for the full initial term and Lessee's obligation to pay the
aggregate rent for this term shall not abate by reason of loss or damage to the Equipment or
termination of Lessee's possession or for any other reason.
FILING: For the sole purpose of resolving any problem or conflict of laws with respect to filing or
recording hereof, it is declared and agreed that this lease shall be deemed to be effective when
the equipment is delivered at the address specified on Page 2 and that questions on filing or
recording shall be determined by the law of such place.
MISCELLANEOUS: Lessee will not change or remove any insignia or lettering on the equipment
and shall conspicuously identify each item of the leased equipment by suitable lettering thereon
to indicate Lessor's ownership. All notices relating hereto shall be mailed registered to Lessor or
Lessee at its respective address about shown or at any later address last known to the sender. In
case of any default by Lessee, thereunder all sums due and to become due thereunder shall at
the option of Lessor or any assignee of Lessor, become payable forthwith. Lessee admits the
receipt of a true copy of this Equipment Lease. This shall not abate by reason of termination of
Lessee's right of possession and/or the taking of possession by Lessor or for any other reason.
4
vrw (LESSEE'S INITIALS)
Page 4
City of Fort Worth internal ROUTING process:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
By: ensuring all performance and reporting
Name: James E. Davis requirements.
Title: Fire Chief
Approved as to Form and Legality: By: Maw-=eo
Name: Maribel Martinez
Title: Emergency Management Coordinator
By:
Name: Taylor Paris City Secretary: Aar FORT '�
Title: Assistant City Attorney ,� O°°°°°°°°°°�L ��
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Contract Authorization: By: �^�^ �� o o
M&C: _N/A Name: Ronald P. Gonzales �� °°°°°°°°°°° a
Title: Acting City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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