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HomeMy WebLinkAboutResolution - 2011-R0162 - Contract - Bee Equipment Sales Ltd.- Lease Asphalt Paver - 04/14/2011,Resolution filo. 2011—RO162 IApail 14, 2011 Item No. 5.9 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, Contract No. 10066 for lease of asphalt paver per Buy Board Contract 345-10, by and between the City of Lubbock and Bee Equipment Sales, Ltd, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on April 14, 2011 � - ,,�,.* �- TOVMARTIN, MAYOR ATTEST: Reb ca Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operati ns Officer APPROVED AS TO FORM: Chad Weaver, Assistant City Attorney +rw:ccdocs/RES.Contract-Bee Equipment Sales, Ltd. March 29, 2011 Bee Equipment Sales, Ltd. P.O. Box 3906 - 2506 Slaton Rd. Lubbock, TX 79452 Phone: 806-745-1511 Fax: 806-445-0543 EQUIPMENT LEASE AGREEMENT Subject to the approval of the lessor at its home office, Bee Equipment Sales, Ltd., Lubbock, Lubbock County, Texas, the lessor herein leases upon the terms and conditions hereinafter set out to CITY OF LUBBOCK , the lessee, of Contract. 10066 Resolution No. 2011—RO162 P.O. BOX 2000 Home Address LUBBOCK TX 79457 City State Zip Telephone Number the following described personal property, viz: 1) ONE (1) 2009 LEEBOY 8515 PAVER 2) S/N 6515T-54865 3) BuyBoard Contract 345-10 4) Rental Price $9000.00 5) 2% Discount 6) INSURANCE VALUE: 139,700.00 7) CUSTOMER TO FURNISH PROOF OF INSURANCE 8) Hours Out Hours In will ship as soon as possible to CITY OF LUBBOCK the lessee at LUBBOCK Job telephone no, for the MINIMUM RENTAL PERIOD OF THREE (3) MONTHS WITH WEEK TO WEEK OPTION, NOT TO EXCEED FIVE (5) MONTHS starting 4/14/2011 in consideration of which lessee hereby agrees to pay the lessor at its office in Lubbock, Texas the following rental Rental Rate $8,820.00 Monthly_x_ Weekly Daily_ Freight Charges $0.00 Additional Charges $0.00 SURCHARGE: OFF-ROAD HEAVY-DUTY DIESEL EQUIPMENT Sales Tax 18.25)% S0.00 Total Charges $8,820.00 THREE consecutive MONTHLY rental payments of EIGHT THOUSAND EIGHT HUNDRED AND TWENTY ($8,820.00 ) dollars beginning 14 -Apr -11 Total of three months payments equal $26,460.00 ) Dollars on Rental subsequent to the aforesaid minimum period shall be dollars ($ ) per Should lessee elect to purchase above described equipment, the purchase price shall be NIA Dollars ($NAA ) PLUS N/A figured as conversion premium. Pus any additional charges as described in paragraph 2 on reverse side of this agreement Executed in triplicate this CITY OF LUBBOCK Lessee 14TH day of I have read the terms and conditions on the reverse side of this agreement and agree thereto. By April Bee Equipment Sales, Ltd. Lessor By for a period of NIA ( N/A)% 2011 Resolution No, 2011—RO162 EXHIBIT A AMENDMENT TO LEASE AGREEMENT for Asphalt Paver The Rental Agreement ("Agreement") entered into on the 14h day of April, 2011, by and between the City of Lubbock (LESSEE) AND Bee Equipment Sales Ltd. (LESSOR) of Lubbock, Texas is hereby amended as follows: The INDEMNITY provided under BuyBoard Contract 345-10 and Terms and Conditions number 6 and 12 of the Equipment Lease Agreement, attached hereto, shall be effective only to the extent permitted by law. THIS AGREEMENT IS TO BE CONSTRUED UNDER TEXAS LAW WITHOUT REGARD TO CONFLICT OF LAW RULES THAT WOULD DIRECT APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. THE OBLIGATIONS OF THE PARTIES CREATED BY THIS AGREEMENT ARE PERFORMABLE, AT LEAST IN PART, IN LUBBOCK COUNTY, TEXAS. VENUE FOR ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, OR ACTIVITY CONTEMPLATED HEREBY, SHALL EXCLUSIVELY BE IN LUBBOCK COUNTY, TEXAS. CITY OF LUBBOCK Tom1 artin, Nfayor ATTEST: S�? � �, �6 Reb eca Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, Chief Operations Officer APPROVED AS TO FORM: Assistant City Attorney CONTRACTOR BY Authoriz d Representative p, Address dr3s�t 3 9/J" dv Lf v�'J •, � % ?� 79lq5-07,