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HomeMy WebLinkAboutResolution - 5872 - Contract - Hi Plains Drilling Inc - Center Pivot Irrigation System - 05_28_1998Resolution No. 5872 Item. No. 26 May 28, 1998 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract with Hi Plains Drilling, Inc. of Abernathy, Texas, to install and furnish all materials and services for the Center Pivot Irrigation System, and all 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 Council. Passed by the City Council this 28th day of May , 1998. WIN Y SITT OR ATTEST: Afj (I a e Darnel , City Secretary APPROVED AS TO CONTENT: Victor Kilm , Purchasing Manager APPROVED AS TO FORM: William de Haas, Municipal Contracts Attorney W d Ak/Hi-Plains-Dril 1. res. doc ccdocs/May 4, 1998 MAA1Y-27-1998 17:25 INDIAN II< LEASING �lti0o L00(y tip 41P Lovvc' O OM 2000 L[iDOXV, TX 19457 CoUnty, WWI= P . 06 17irr lfi_ of lu r1LYrOVo yr .....•..•�. - .. .. � .� r __��. Lessor hereby agrees to lease to AnUnICIPOI«Y 411u nnunlclpal[ty hereby agrees to loose front Lessor the following described equipment (hereinafter called the r=quipment`r) upon the terms and conditions hereinafter set forth: VAI II9>&ArA1T N!U MAKE AND TYPE MODEL SERIAL NO. is MET N 998 Zimtltatic 8 Nola Towab e Z07936 PE: W itR PE; Yf Y� PE: P�f - Yl LEASE TERM (IN MOS.) N0. Q= PM7S iINCLUQ)Ni ADVANCE) SS '1SE CHARGE.PSkt kiQtlt± 60 5 none RENTAL PAYMENT ItENYAL TAX TOTAL. PAYMENT AQVANCC PMTS s7,918.26 $ n S 7,918.26 AWAINING (EACH) :NUMSfR : RfhfAlklN6 5 7,918.26 4 S s LEASE ENS NfRCKASE PRIG TOTAL RENTAL S 1. 00 _ _ PINTS M)CLi , 30 TAXES & ADVANCE Periodic Rentals are payable in advance. The advance payment is due thi9 jdate. Subsequent Aaytr,ents are due commencing May_27, ,....,, f9 99 and Monthly on the - day of each nonth ;hereafter, except for months of ❑ Quarterly can the day of each thind (3rd) month thereafter. Semi-annually on -__-day of each sixth (6thl month thereafter, Annually on the 27 day of P,ach twelfth 021th) month thereafter. PROPERTY iNSURANCE: You ere repulrad tc insure the Equipment .193inst loss or darrraya. Rotor to the "Insurance and Indemnity" paragraph for the insuranCB requirements. Check Applicable Bast ❑ By signing below you request the i US$Ot to try to buy the physical damage insurance Cav@rape shown. Coverage will be basad nn the cash value of the Equipment of the time of loss J>ut not mofa thart the limits pf the pplicy. THE INSURANCE WILL NOT COVER PERSONAL LIABILITY OR DAMAGE CAUSED TO PROPERTY OF OTHERS. S S bcduciibla Tarm Prernit;m 5ignaturg+rsl — PROPERTY INSORANCE MAY BE OBTAINED FROM A .PERSON OF YO R CHOICE you ers�sent :hat pays; da ge insurance has h an pLt ed n the Equipment t ro arc, N lnsur nce CoriVanY Polrcy Na. Narne of A$ E , 7 s Aoent't Phone No. DaduChh(e 05-27--98 16:35 RECEIVED FROM: P.96 MAY-27-1999 17:26 INDIAN IM< LEASING,- P.03 LEASE TERM. Mu1111604 hereby acknowledges de!iver+ and aCCeotence In good order of each item of Equipment listed air^ve The term of this lease for tech item of Equipment shad commence on the date hereof and shall Continue for the Lease Tern. specified above, except as hereinafter provided, RENTAL During the Lease Term, Municipality shall ¢air to thereinafter called as the y assignee pf the rentals coming due under this (Fate, the total rentals .specified above, togtther with a delinquency charge Cn each. periodic rental insta4ment in default for ten days at the highest rats permuted by sew or such fewer amount assessed by The advance rental payment 911811 be payable upon the execution hereof and subsequent periodicrentals stall be payable in advance OR the dayanc at the intervals indicated abov . Upon the exppration or earlier termination of this lease. Municipality shall pay to as additional rental for each hour of use at any item of Ilia Equipment in excess of its normal usage, as specified above, INSURANCE AND INDEMNITY. Municipality must insure itself and the Lessor against loss or damage. to the EQyi meat If the first box under "Property insurance` is checked, the Lessor w,!, try to buy the coverage indicated, but will not be la le if itcatinot do $0. if the second bfl box is Checked, you represent at you have nbEamod the required Insurance through the insurer indicated. aid that you hive instructed the insurer to name LLC as a loss payee andfor an additional Insured on Via Policy The type and amount of insurance must be ,approved by the Lessor, but at all times must be in an amount no lass than the amount due trader this [site. and the insurance policy mus! pr•oviae that Lessor wilt receive no less than ten days prior wrinen notice of canCallation, lapse or expiration of the .naurance. Municipality shall Indemnify and hQ!d harmless Lessor and ussor's agents, employees and YUCCeSSQfS from and against any damage. loss, theft or destruction of the Equipment or any part thereof, during the term of this lease, and from and against any and as loss, damages, injuries, Claims, demands costs and expenses (ihclud,ny legai expenses) of every kind and nature. arising Out of Or connected with the use, condition 'including, without lam+utipn, 3E1 defects whether or not discoverable by Lessor or MunicTai•t�) or operation of the Equipment Murucipa tiv snail eotain iiabilav nsurance from a carrier accepuble to Lessor in such form and su Jeri or injuries mto as oor proa®rrty c bsedety thepuse chord, ge or operation of Sthe Equipmen d Muntepality against claims for darrtagcs MAINL'TENANCE, REPAIRS AND OPERATING EXPENSES V-r;ups!ity shall mai:ttain the Equipment in good workin, order and condition properly serviced And garaged, and ahail make a,! necesasrY reaairt> AMC replacements REGISTRATION AND 7AXES. VUmicipahty shalt accerriplish and payfor the titling, registration and licensing of the Equipment- and all inspections thereof requlrad ey any taovernmont authority. In addition, Munrcipalat sha!i pay a,l taxes imposed in connecuon with The use and ownership of the ECuipment NON APPROPRIATION. If funds are not allotted by Municipality for the next fisca! period sufficient to enable it to continue mak!ng the rental payments set forth here+., Municipality may torminate the Aoreement upon the expiration of the then current fiscal year zin to promptly terrattantt+� agrtcmee as prodded herein. Municioaf:ry a;rees to provide with immediate notice of its e A tionr! Terms d ^bn 'ti ns se' forth on the r9verse side hereof are, a part of this Lease.) XY Tr �n,apatay — LCtbCr in y It iron or o t LutbockIndian Ink Leasing, Inc. Sherry McKean, President PptNTEo IN USA APPR D AS T C T: 7 WE CH ASSISTANT SITE MANAGER ATZ` KAYTHIE ARNELL CITY SECRETARY APPROVED AS TO FORM: WILLIAM DEHAAS MUNICIPAL CONTRACTS ATTORNEY TOTAL P.09 05-27-98 15:36 RECEIVED FROM: P.08 p 0 D= 2000 I,tt"390=1 ?X rrw 7 94 57 Cbunty, LtJB&XX Lessor hereby agrees to lease to Municipality and Municipality hereby agrees to lease from Lessor the following described equipment (hereinafter called the 'Equipment) upon the terms and conditions hereinafter set forth: EQI )lPkAFAIT N/V MAKE AND TYPE MODEL SERIAL NO. ",�ti rw " " ACIr ^1 998 Zimmatic 7 Toner Cente Pivot [r' : F;; r- K.' W. P:- rr T LEASE TERMR L£Aj=_ TEAR! (1N AtDS.I NO. 0= ►MTS fINCt(JDINS ADVudCE) $S USE CKA=E.PFA MOUE; 6C 5 t none RENTAL PAYMENT RVYTA_ TAX TOTAL PAYMENT ACVA.VCE PMTS s 6,873.07 $ none S 6.873.07 AEMAIKW:; (EAM 'aUftdfR �afM�IK!"6 S 6,873.07 :' 4 S s LEAS_ EI:D PURCKASE PRICS TOTAL RENTAL S 1.00 TAEIUXS& A AC34,365.35 Periodic Rentals are payable in advance. The advance payment is due thE9 xiete. Subsequent payments are due commencing May 27, 19 9() and ❑ Monthly on the day of each month thereafter, except for months of ❑ Cuar:er!y on the day of each third (3rd) month thereafter. CJ Semi-annually on day of each sixth (6th) month thereafter. O A."ua)ly on the_'77 day of each twelfth !12th) month thereafter. PROPERTY INSURANCE: You are required to Insure the Equjpmant against loss or damage_ Refer to the 'Insaance and tnderr*u:{ Paragraph for Che insurance requirements. Check Applicable Box ❑ By signing below you request trig Lessor to :any to buy the phvs+ca! da.^.uge insurance coverage shown. Coverage w+11 be base^_` '-+ 7+0 cast- value of the Equipment a: the time of loss but not mora than the limits of the pofcy. THE INSURANCE WILL NOT COVER PERSONAL LIABILITY OR DAMAGE CAUSED TO PROPERTY OF OTHER& S g Deductible Ta-m Fremium s4utur*(t) PROPERTY )NSLIRANCE MAY BE OBTAINED FROM A PERSON OF YOUR CHOICE 1—fep,hat ph sic I huge i surance has bean pl ed n the quipment thro � u�4G-ram e f lnsuran a Company cllcy No. Name of t c � $ C gents Phone No Deoucr,ble g e AS-27-98 16:34 RECEIVED FROM: _ P.eS LEASE TERM. Mtaucipality hereby actnowledges delivery L)d accemance in good order of each item Of Equipment listed ac^,e N term of lolls lease for each item of ECulartsent shall corriunce w me date hereo' and sha.l continue for ate Lease Tern. .specified above, ezclPt as hereinafter provided. a' p RENTAL During the Lease Term, Muntcipshty sna;l pay to thereinafter called as Pis assignee of Ine rentals eermong sue under thts lasts, the total ren:ata .specified above, togeVier with a delinquency charge or. eu:r. per�calc rental installment in default for ten Csys at the hi61est rate permuted by iaW Or trtrch lower amount asse. Cy The aCvance rental payment "It to payable upon 'he execution hereof and subsequent periodic rentals shall b[ payable in advance cr Iris day an0 at the intervals indleatep soov . Upon the eXpira%iOn or earlier termination of this lease, Municipality shad pay t0 as add.tiorui rents! for tacn how Of use of any item of the Equipment in excess of its normal usage. as specified above, INSURANCE AND INDEMNITY_ Municipality must ensure itself aria the Lessor againstloss o- damageto the Equipment. if tine first box 7nder "Property Insurance" is checked, the Lessor w,!t try to buy the coverage indiCsted, but will not be lie It if it cinnat 2C to. 71 the second box is OleCKed, you represen.r t ut you have r:bu;ned the required insurance through the imUrer Indicated, a-td that you have inctructed the insurer to name LLC as a loss payee and/or an additional insured en .ne pot•cy. The type and amount Of insurance must be soproved by Ine Lester, but at all times must be in an amount no less tha-1 the smc;;-tf Cue under this lease, and true insurance po!iev rrusr provide that Lecsv will receive no less than ten days prior wrinen noses of cancellation. lapse or exo+ration of the :r!surance. Municipality shalt indemnify and hQ'd harmless Lessor aid Lessors agents, employees and successors from and against any damage. loss, theft Or destruCi On of the Equipment of any put tnef. sot, dw'ing the term of this itast, arid from and again."t any and ai; toss. aamages. injuries, claims. dernaras costs axle expenses tirictuo,ng Iogai expenses) of every kind and nature, arising out of or connected with the use, condition (including, vvimout ItmaauCn ail calacts whether Cr not discoverable by Lessor or fulun,ci at.ty) or operation of the Equipment. Municipality sr:a'l oottri iiability insurance frcm i carrier accept bla to Lessor in such form and s-tje--t to such. limits as Lessor may reasonably require oroteetinrq the tntere:as of Lesscr, and Municipality against claims for darru�es or -nlurses to persons or property esused by the ust, ho?d,ng or operation cf tits Equipment MAIN-rENANCE, REPAIRS AND OPERATING EXPENSES Ms cipa`tty .shall maintain the Gempment in good worker, orde' ante COnamort. properly serviced anc garage[. and shah.' maite ail necezziry repair£ and replacements REGISTRATION AND TAXES. M.. n,ctpa!ity shed accomplish and pay for the ruing, registratiOn and licensing of the EQvioment_ And all :nsvecaons thereof reA;,ired BY any Government authority. in :dd!tion. Mic+ictpiCry shag pay all taxes imposed in connecuon wits Ine use and ewnershtp of the ECuilxnenL tYpK APPROPRIATION. If tt,ncs are not allotted bti Municioaaty for the next fist:a, periCd sufficient to enable it to co? -!!nee mak!ng the rental payments set farm mere,,, Mum ct afity nun• terminate this Agreement Upon, the ex01ration of the their. current fiscal year Arta promptly return true Equipment r. provided nere:r. 1AtlniCioalrtr a;rets t0 provide with iruried:a:e notice o' rs -ritantiOn to to t rminats the Agreeme Addaio 'arms d Conde .one se: lorth or the r9vtrse s.da hero! are a part of this ttast.l �n:cipa3••y � � Lesser t on, yot- o u oc Indian Ink Leasing, Inc. tr: i s Z. 57 APP VED AS O C 'BRAD WALCEr ASSISTANT SITE MA AGER AT EST• KAYrAE DARNELL CIT ECRETARY Sherry McKean, President •P?NTEC IN 4-Zs APPROVED AS TO FORM: WILLIAM DEHAAS MUNICIPAL CONTRACTS ATTORNEY TOTAL P.08 OS-27-98 16:36 RECEIVED FROM: P.68 i r�Y INK j' E A S ! N G [ N C July 23, 1998 City of Lubbock Windy Sitton P.O. Box 2000 Lubbock, Texas 79457 RE: Equipment Lease Dated 05/27/98 Dear Windy: l : Thank you for allowing us to assist you with the lease on your Center Pivot Systems; we are enclosing copies of the executed documents for your files. Your first Annual payment of 39775.15 will be due 05/27/99 and a statement will be sent approximately 10 days before the due date. Please call us at 800-658-6622 should you have any questions; and, again, thanks for your business. Sincerely, Sherry McKean President SLM/dlh Enclosures 1. ,i 609 S. Polk Street (79101) P.O. Box 9254 • Amarillo. Texas 79105 • Tel. (806) 373-2223 Fax (806) 373-3321 MAY-27-19905 17:23 INDI1*4 INK LEASING e jg,� jjjC@0&iude County 1% ) L000 Wme_ &no Aaaresb Nwc .ut .......y. wWcr P O box 2000 Indian.Ink Leasing, Inc. r LUBBOCK, rx P. ' 0. liox 9254 ` 79457 County, U.MBOW Amarillo, TX 79105 (Potter County) Lessor hereby agrees to lease to Municipality and Municipality hereby agrees to tease from Lessor the following r described equipment (heretnafter called the 'Equipment") upon the terms and conditions hereinafter set forth: L EQUIPMENT F F F F. IJ/U MAKE AND TYPE MODEL SERIAL N.0. N 1998 Zimmatic 4 Tower Cent r Pivot No ab e Z07oAA L64410 n HR- PEt ��pprF PEi qqYr PF.= Yi LQ. LEASE LEASE TERM ()N MOSJ NO. 0= PMTS (INCLUDIW, ADVANCE) SS -USE CHARGE.P&M HOUR 60 s none RENTAL PAYMENT RENTAL TAX TOTAL PAYMENT ADVANCE PMTS s 4,428.00 $done S 4,428.00 ArMAINING (EACH=wuuata 1fMIIM1H6 s 4,428.00 4 $ s LEASE £kO PURCKASE PRIG TOTAL RENTAL s 1.00 PMTS tASI & A01JANCE 22 ,140'. 00 reriodic Rentals are payable ir. advance. The rdvance payment is due thi9 date. Subsequent payments are due commencing May -27, 19 99 and ll ❑ Monthly on the day of each month thereafter, except for months of ❑ Quarterly on the day of each third (3rd) month thereafter. (] Serni-annually on _ day of each sixth (6th) month thereafter. [] Annually on the 77rb day of each twelfth (12th) month thereafter. PROPERTY m5u9ANCE. You are roquaed tc insure the Equipment against toss or damage_ Refer, to the "InsuraMe and Inderrvtity' p-2grzph for the insurance requirements. Check Applicable Box ❑ By signing berow you request the 'Lessor to try to bw the pnysieal da.^tage insv►ance coverage shown Coverage vyill be based on he cash v94je of the Equipment at the time of loss but not rnora than the limits of the policy. THE INSURANCE WILL NOT COVER PERSONAL LIABILITY OR DAMAGE CAUSED TO PROPERTY OF OTHERS. 5 S t7eductibla Torm Freruum Signatur (s) (�/' PROPERTY INSURANCE ►dAY BE OBTAINED FROM A PERSON OF YOUR CHOICE Youfrom-Ant :hat physical mage 'nsurance has been pi ced lbequipment TThh o o Insur e Company Policy No. f Age -77 Agant's Phone No. Deducntrte _ 05-27-98 16:33 RECEIVED FROM: v � n) K.f P_A3 MAY-27-19%, 17: 22 I ND I AN I Pk LEASING n-r'v:" V.... .. P- 02 e nd,flddr�lUdB iOUrlly inc . Code) N2Me tnC ACCress ww . •Qanr �...,r wvri P T 19= 2004 Indian Ink Leasing, Inc. r LUBBOCK, �,K TXP. 0. Boz 9254 `I 79457 Cotuttyj UJIMOM Amarillo, TX 79105 (Potter Count ) Lessor hereby agrees to tease to Municipality and Municipality hereby agrees to lease from lessor the following r described equipment (hereinafter called the Equipment"l upon the terms and conditions hereinafter set forth: [ EQUiPMFNT NIU MAKE AND TYPE I MODEL SERIAL NO. x��tt AtttE« +lFaof« x sa �t N 1998 Zimmatic 8 Tower Cent r Pivot No e Z07 32 L64317 n/a P1f HR PEf YF t �Yr Yrr YL LFASF TF=RAAC LEASE TEA)e i!N MOSI 510. 0= PMTS fIiVCLUDINS ADVANCE? CHARGE.FEXL HOuft 60 r"-USE none RENTAL PAYMENT RENTAL TAX TOTAL PAYMENT ADVANCE PUTS 0,160.00 S S 8,160, REMAiMING (EAC4 :1ruAla«s s$8,160.00 4 S S LEASE WID PURCHASE PRICE TOTAL RENTAL S L -00 PMTS TA ES ( 6 NCLa VANCE 40 800. 00 ?eriodic Rentals are payable in advance. The advance payment is due IM5 date. Subsequent payments are due commencing May 27, 19 99 and ❑ Monthly on the day of each month 'hereafter, except for months of El Quarterly on the day of each third (3rd) month thereafter. L� Serni-annually on _ day of each sixth (Gth) month thereafter, Q Annually on the 27thday of each twelfth (12th) month thereafter. PROPERTY IMSURANCE- You are requ,red to ensure the Equipment against loss or damayo. Refer to the 'Insurance and Indemnity` paragraph for the insurance requirements. Check Applicable Box ❑ By signing below you request the 'Lessor to try to bey the pt+vsieal darnage insurance coverage shown Coverage vyill be based on the cash value of tAs Equipment at the time of loss put not mora than the limits of the policy. THE INSURANCE WILL NOT COVER PERSONAL LIABILITY OR DAMAGE CAUSED TO PROPERTY OF OTHERS, 5 5 Deductible Term Pre ruum `I PROPERTY INSURANCE MAY BE OBTAINED FROM A PERSON OF ras nk :hat P ysicat d pe insurance has been p ced o Equipment thro� ;� ( un` yye I Insurance Company Company Policy No. Agent's Phone No. Deducnble F Signature(s) CHOICE !^ v V _ 05-27-9B 16:32 RECEIVED FROM: P.02 MAY-27-1998 17:24 INDIAN INK LEASING rQ nV.Atjj"lude C00ty AM 600ei tratic_situ r+wtes- Indian Ink Leasing, Inc. Lti190m, TX r P O D06C 20Gd P. p. Box 9254 t f �9457 County, Lt18WM Amarillo, TX 79105 Potter Lessor hereby agrees to lease to Municipaluty and Municipality hereby agrees to lease from Les or the following Fdescribed equipment {hereinafter called the Equipment"') upon the terms and conditions hereinafter set forth: £QUIPMFNT F F F-- F F 9 N/U MAsXE ,4N0 TYFE MOM SERIAL NO. Mil METfaotwC Z imma t i c �998 NA; N 4 Tower Center Z07934 L64376 n a PYf HA= PE; f P. HHRRF PYF .R7t61'�l7.� T,CI LEAS5 Tffl (IN MOS.) NO. OF PMTS 04CLIJOI j ADVANCE) SS-7SE CHARGE.PSK HOUR 60 5 none RENTAL PAYMENT RENYl� TAX TOTAL PAYMENT ADVANCE PMTS S 5,224.11 S none $ 51224.11 AfMAINING (EACH) :ttuuatai If u�itttrr6 ' $ 5,224.11 S S LEASE' END PURCHASE PRIG[ TOTAL RENTAL La�V S 1.00 TAMESIh NCE 26,120.55 Periodic Rentals are payable ir. advance. The advance payment is due th)9 date. Subsequent payments are due commencing May 27, - 19 '92 and ❑ Monthly on the day of each r onth thereafter, except for months of ❑ Quarterly on the day of each third (3rd) month thereafter. r ❑ Semi-annually on dry of each sixth (6th) month thereafter. [I 0 Annually on the 27 aav of each twelfth (12th) month thereafter. PROPERTY INSURANCE You are feQuv" Ic insure Ie Eau:prnem against loss or datrage. Refer to the 'Insurance and Indemnity` rparagraph for the insurance requirements. Check Applicable Box ❑ By signing below you request the Lessor to try to buy the pPrysical damage irsvrance coverage shown Coverage vyi!l be based on the cash value of the Equipment at the time of loss but not more than the limits of the policy. THE INSURANCE WILL NOT COVER PERSONAL LIABILITY OR DAMAGE CAUSED TO PROPERTY OF OTHERS. Deductible Term Premium Signatures) PROPERTY INSURANCE MAY BE OBTAINED FROM A PERSON OF YOUR CHOICE i'4tint that Ph scat da ge insurance has been laced o the quipment thr P660 o l wanc. Company Policy No. Name of A Mt AgPhone No. Deductible 95-27-93 16:34 RECEIVED FROM: 15104 IWY ^c7-1945 i?-^c1 INDIAN.INK LEASING --- I�o• jnd,�lQfjf�i5_tlpCtURe LOunty aw �r-�• F'-N1Z PCIOTY OIL i2JuattH�{JG7C Indian Ink .._aging, Inc. r P. 0. Box 9254 1�/9EtdLXr � I 79157 CountYr LUBDCX.•tC Amarillo, TX 79105 (Potter County) - Lessor hereby agrees to tease to munfctpa+ty ana municipality hereby agrees to lease from Lessor the following r described equipment (hereinafter called the Equipment") upon the terms and conditions hereinafter set forth. - EQUIPMENT F T,_ F F r F F N/u MAKE AND TYFE MODEL SERIAL NO. hit aot7T X sa +�► N 1948 Zimmatic 7 Tower Cente Pivot L6 PYi n7a PEG YF YE Hfi PE. rp�ggT: Lst.7_FIi e7:1 * &1_4 LEASE TERM ON MUS.1 ND. OF PMTS ONCLUDNYa ADVANCE) E=FSS • USE CHA WE.Pfa HOUR 60 5 none RENTAL PAYMENT RENTA TAX TOTAL PAYMENT ADVANCE PMTS s 6,873.07 5 none s 6 873.07 AEMAWINf; 4EAL14 :Xl#Mt1le : at MalMtNf S 6,873.07 4 $ S LEASE END PURCHASE PRICE TOTAL RENTAL $ 1.00 PMTS TAXESI& ADVANCE 34,365.35 Periodic Rentals are payable ir. advance. The advance payment is due thi9 date. Subsequent payments are due commencing May 27, , 19 99 and © Monthly on the day of each r:.onth thereafter. except for months of ❑ Quarterly o.1 the day of each third (3rd) month thereafter. n Semi-annually on day of each sixth (6th) month thereafter. Q Annually on the_97 day of each twelfth (12th) month thereafter. PROPERTY 124SURANCE- You are re4utred to insure the Equipment against loss or damage. Rater to the 'Insurance and Indemnity` paragraph for the insurance requirements. Check Applicable Box ❑ BY signing below you request the Lessor to :ry 10 buy the physical danuge insurance coverage shown Coverage will be bssod nn the cash value of the Equipment a: the time of toss but not more than tho limits of the Pofoy. THE INSURANCE WILL NOT COVER PERSONAL LIABILITY OR DAMAGE CAUSED TO PROPERTY OF OTHERS. S S Deductible Torm Fremium Siorutvre(s) PROPERTY )NSURANCE ARAY BE OBTAINED FROM A PERSON OF YOUR CHOICE u rep se t. that pnys..c I ge i surance has been pl ed pn the quipment throu ty e f tnsuran a Company olicy No. Name of t EEE (Q� _% s ,� 'c U Agent's Phone No- Doducume - — 95-27-98 16:34 RECEIVED FROM p_©5 i'S �oF 1 t8 7C We Lovn!y ma tic LVuc> o� . - --- - - - - ---- r. tdu Indian Ink L - ing, Inc. O arx 2000 P. ( Box 9254 • TX Amarillo, TX 79105 r 79457 Cotuney, UMx (Potter County) 1. — - Lesggr hereby agrees to lease to Municipality and Municipality hereby agrees to lease from Lessor the following described oqulpment (hereinafter called the "Equipment'•) upon the terms and condirinnr EQUIPMENT - _ UN MAKE AND TYFE MODEL SERIAL NO. 14 MEW Af ANNG x SA �E V 1998 Zirmnatic 8 Tower Non Towab e Z07936 L64409 rA' FE: Y: H4' Der YE - H2' ?E- Yf 1` yP PEE Yt LZEA,Sx TERN. ON L105.1 NO. D= ►MTS ONCLUDIW3 ADVANCE) �SS J.SE CHAR: E.Pra ItCIIH G0 5 none RENTAL PAYMENT RENTJ:. TAX TOTAL PAYMENT ADYA.VCE PMT$ s 7,918.26 S non S 7 918.26 arMA;NING iEJICHI : HtlAtdEt : RErs,ctnurt s 7,918.26 4 ; S ifAS' EK10 stw-04ASE PR:C1i TOTAL RENTAL F:�er-�iodic PMTS INCLLVIN TAXES a ADVAr CE s 39� 191 3() Rentals are payable in advance. The advance payment is due thi9 date. Subsequent payments are due commencing May '7- " 19 �_ and Monthly on the day of each non_h :hereafter, except for rnonths of F -0 Guarterly on the day of each third 13rd) month thereafter. CJ Semi-annually cn day of each sixth i6th) rnor:th -hereafter. Annually on the day of each twelfth r12th; month thereafter. FPROPERTY INSURANCE: You xe r"Lived tc mSLre the SCuio.^nem awls: loss or darnage. Refer to the "Iruvraxe arid Inderrvvty- earigrapn for the insurance raquirements- Check Applicable Box ❑ By signing below you request the '-Lessor to try to buy the physical drnage insurance coverage shown. Coverage will be bead cn tho cash ,.aloe e' the ERutpment at the time of toss but not r-ora than the limits of the policy. THE: INSURANCE WILL NOT COVER PERSONAL LIAAILITY OR DAMAGE CAUSED TO PROPERTY OF OTHERS. s 5 lea. ctibia Term Frei i„m Signature(s) PROPERTY INSURANCE UAY BE OBTAINED FROM A .PERSON OF YO CHOICE Yo, apr :ant tit pnys: d ge insurance nas b en pisrjZ:tU,7 Q'en: t J r tnsa,r ce Con�sny Poi:ey Na. N4217"s of A Agent's Phone No. Ded�cnbee F _ 65-27-98 16:35 1. RECEIVED FROM: P-06 _ MA`Y-2?-1998 17:26 INDIAN IN{< LEA-,ING _-- t in8, S lu0e Lounty and 4w-�,-P_� P O DCDC 2000 Indian Ink Leasing, Inc. uqwwKTX P. 0. Box 9254 ` Amarillo, TX 79105 79457 County, LUDDOM Potter County) Lessor hereby agrees 10 lease to Municipality and Municipa)ity hereby agrees to )ease from Lessor the following l described equipment (hereinafter called ;he Equipment") upon the terms and conditions hereinafter set forth: f EQUIPMENT F F T7 F A F NJU MAKE AND TYPE fJJOEL SERIAL NO. M�taoiw�i a s• +fit N 1998 Zimmatic 7 Tower Cente Pivot Non Towab e Z07937 L64382 r1 a HF` PYf PEP pRYF Yf PEI YF --------�.�_ ryry Pyl ----------- — �7.Z'N7�i3aA►.1 LEASE TERM YIN K10S.) tNO. 0= PMTS 4JVCLUDIKI ADVANCE) frY:�SS•'SSE CHARGE -Ka HWA 60 s none RENTAL PAYMENT RENTx'_ TAX TDTAL PAYMENT ADVANCE PMTS $ 7,171.71 S S 7,171,71 REMAINING tEAL" 'rruu13114 : ifM�IitItG S 7,171.71 :' 4 S s LEASE ENO PURCHASE PRIG TOTAL RENTAL S 1.00 PMTS INCLUDIW5 TAXES a ADVANCE 35 858.55 Feriodic Rentals are payable in ad�ante. The edvance payment is due 1hi9 date. L Subsequent payments are due cornmencing May 27. •_._, 19 '99 and t ❑ Monthly on the day of each month thereafter, except for months of ❑ Quarterly on the day of etch third (3rd) month thereafter. C] Semi-annually, on _ dry of each sixth (6th) month thereafter. r Q Annually on the97 day of each twelfth 1121hi month thereafter. PRCPERTv INSURANCE You are required tc rrsure the Equ.p.nent against toss or damaga. Refer to tie 'Insurance and Indemnity` paragraph for the insurance requirements_ Check Applicable Box ❑ By signing below you request the Lessor to vy to buy the phwical damage insurance oovarage shown Coverage vyill be based on the cash value of the Equipment at the time of lossbut not mora than Ute limits of the policy. THE thISURANCE WILL NOT COVER PERSONAL LJAGILiTY OR DAMAGE CAUSED TO PROPERTY OF OTMER5. e beductibta Term Premium SignaNwa(s) PROPERTY INSURANCE MAY BE 013TAINED FROM A PERSO OF CHOtCE Your rozant 'tut hysi I damage insuuanca has e n placed on t a Equipment ough- r 44 ` t am f Insurance Company Poticy NO. Name of Agar 8;,�/.4 AQer,Cs Phone No. Dnducnt,le 05-27-98 16:35 RECEIVED FROM: _ P-07 MAY-27-199-8 17:26 ' INDIHN INK L- SINh P. C13 F LEASE TERM. Muni�,ipahty hereby ack,iowledges deliver+ and acceotance in good ordt;• of each item of Equipment listed ;- The term of this lease for each item of Equipment soli commence on toe date hereof and shalt continue for the Leese Teri -- specified above• except as hereinafter provided. RENTAL During the Lease Term. Municipality shad Pay to Indian Ink Leasing, Inc. thereinafter exited Lessor A. t1e Assignee of the rentals coming due under this teas[,; the coat ren:aii .specified above. together with a delinquency charge en eac. per rental ins SallTent in default }Qr ten days at the hi6lest ratE perm,tied bV law or such lower amount assessed by - �,a acvmce rental psyment snit be payable upon the execution rtQreof and subsequent periodic rentals shalt be payable in ato'vance C^ this day ono at the intervals indicated •bovit. Upon the exCDiraGOn or earlier CerminaUOn Of this lease. Munieipa try shall pay to as additional rental for each hour Of use et Any item or the Egjipment in excess of its normal us -age, as specified above. INSURANCE AND INDEMNITY. Viunicippaafity must insure itself ant: he Lessor against loss or damageto the EvuiMperit, If the first botc under "Property Insurance` is checked, the Lessor wot try to buy the coverage ind,CateQ but will not be }table if it cannot ja so. It the second box is Checked, yov represent trial you have ^blvrl d the required insurance ihrougtc the insurer indicatad_ aridr th--t you have instructed the insurer to name LLC as a loss payee and/or an additional insured cn : na LDOI,Cy. The type and amount of insurance must be approved by the Le>ar, but it all times must be in An amount no less than the arneZ:nt due ender this tease, avid Me msurance policy mua provine that LeGicr will receive no less than ten days prior written notice of Unteliglion. lapse or exotratiOn of the -.rSurance. Municipality sneii Inderrn,fy and ho`C harmless Lessor ants Lessors &cents, employees and successors from and agains: any da-.nZSe. toss. inefa or desvuCUpn of the Equipment or any put Snerepf, during the term of this lease. and from and against any and si, -Oss. damages. injuries. claims, derrunds costs rid, expenses Anctud.ng regal expenses) of every kind and natiure, arising out of or corinecced wish the use, condition tincluding. mthout limitation. aii oafects whether or not discoverable by Lessor or Mu-nic, alaiyl or operation of the Equipment. Murucipa;ity shall oomm liability insurance trim a carrier accopuola to Lessor in Such form and sub le Lt o such lit; as Lessor may reasonably require crotectinr the tnterest_ of Lessor, and Municipality against claims for c!artsoes i..r_inne to Persons by•fn�r_�C_.DP�r1ti-[tfl_.C-L.:.iT:�_E4tiipm�D?�-.-------- L(AIN'TENANGE_ REPAIRS AND OPERATING EXPENSES M n;coza ity -shall mailtain the Equipment in good workir7 orde- a.iG r..onwiio, properly serviced anC garage and shall make ad necesasry repdirs and reptacemonL" REGISTRATION AND TAXES. M:nicrJality shalt accomptish and pay for the ti;fin� registration and licensing of the Equipment and all inspections theroof reyu+red my any government sutltorny_ In :dd::ion, Murttcipai.ty sh2'1 psy all taxes imposed in connection war, the use and ownership of the EOutpment NON APPROPRIATION. If funds are not allotted by Mun,cipn ty for the next fiscal period sufficient to enable it to continue makma the rental payments Set forth hernia, Municipality mat- tormrnate iha Agreement upon. the eXotrat,on of the then current fiscal year trio prompt) return the Equipment a^ > roy ad nere:r Ylunicip¢hty a;rees to provide with ¢nmedia:e notice cf is ,retention to s t m to the Agreement e Addttioru erms An " nd io s sec forth on the r9verSe side hfleo. are a Dart qkIlpt5 Lsase.) 17 ,poi y Lessc• !� in itton, MaV u bock In tan -TnT Le sing, Inc. rAPP PD AS TO T: l: BRA LCH ASSISTANT SITE MANAGER A EST _ KAYT E DARNELL CITY ECRETARY Sherry McKean, President J'Awlea itt use APPROVED AS TO FORM: ILLIAM DEHAAS MUNICIPAL CONTRACTS ATTORNEY TOTAL P.09 05-27-98 16:36 RECEIVED FROM: P,08 M121Y-27-1998 17=2b INDIw,ll 1"/1 LEASING P. C12 LEASE TERM. MMCipallly nereby acknowledges dellverf and acceotancs In good ordti of eac-1 item of Equipment listed �,E The Term of this lease for each stars of Equipment shah corm ., on the date hereof and sha'I continue for tine Lease Tern specified above. except as hereinafter provided. RENTAL During the Lease. Term, Municipality shad Dav to Indian Ink Leasing, Inc.(he-elnafter called Lessor n nhe assignee pf the rentals coming clue under this tease, the total rentals .specified above. together with a delinquency charge c saaf. oerioaic rentef installment in defaalt ter ten days at the htg.lest ratE permitted by law or Such lower LTIOunt aSSe�Sed by The scvance rental payment snail be. payable upon the execution neroot ana subsequent periodic rentals shalt be Fayabte in advance Cn ine day anJ' a: the intervals indicated abov Upon the explratlon or earlier termination of this lease. Municipality shad pay to as additional rental for each hour Of use of any item of the Equipment in excess of its normal usage. as specified above. INSURANCE AND INDEMNITY. Municipality must insure itself ants the Lessor against loss or damage to the Equipment If line first box under "Property Insurance" is chocked, the LOSSo.' w.11 try to buy the coverage indicated, but Witt not be liable it it Cannot do $0. 71 the, second box is Chocked. you represent that you have obtained the required insurance through the insurer Indicated_ and th_= you hive instrucled the insurer to name LLC as a loss payee atdlor an additional Insured .cn Z.-le policy The type and amount of insurance must be approved by the Lessor, bui at all times must be in an amount no less t}tan the amccnt due under tri.s tease. and the insurance policy mus! provide that Lesscr will receive no less than ten days prior written notice Of �- cancellation. lapse or expiration of the :rsu(ance- Municipality shell indemnify and ho!C harmless Lessor and Lesso(s aaentS. employees ,and successors from and against any damage. loss, theft or ltesvuCtton of the Equipment or any part tnereot, di nny the term of taus lease. and from and against any and at: toss. Ctamages, iriit:ries, claims. dernis"s costs and expenses linciuMna lotilaf exoenses-) or every kind and nature. arising out Of or connected vyrlh the use. COnditiOl"i (including. witnouI limitation. a:f OBlects vvhether or not discoverable by Lessar or Murkictpal-Iy % or operation of the Equipment Mulveipa;ity sha11 ootain i,abi.av insurance trc.n a ca iier acceptable to Lessor in suc.`i form and Sutiecz o such limits as Lessor mty reasonably require orolectina the interests of Lessor, and Municipality against clairns for damages -es injuries to persons or Oro?arty-caused by.the use, ho.d.ng or .operation cf .tie Equipment.. ... .. _ F L(Alh-rENANCE_ N REPAIRS AND OPERATING EXPENSES r;r_Ipo.`ity shall mai.itain Oe Equipment in good works, order and Condiciort groper ly serviced anc garaged. and sh2:l make ail neces!wy repairs anc replacemonts. REGISTRATION AND TAXES. Mtnicipallty shell accomplish and pay- for the li line, registration and lieen-sing of the EQuipment and all inspections theroof rar,uired ay any government aUthorrty. In sedrion, Munic:paf.ty shalt pay all taxes imposed in eonruction wits the use and ownership of the ECuipment NCIN APPROPRIATION. If funds are not rllocted by Municipality for the next fiscal period sufficient to enable it to con:inue mak,no the rental payments set forth herein, Wunicipaliiv may terminate th:S Agreement upon the expiration Of the then current fiscal year ana promptly return the Equipment as providled here:r_ 1lunictpzl:tr a;rees to provide with immediate notice of its .mention to so m+nate the Agreement Add: iio Terms ondiiio s se: forth on Ific reverse sid reor. lore a this Lease.) Ci F i _ �aE:y :-esscr _ " Ma or o u ocic India Inic Leasing, Inc. -- By Sherry McKean, President PRINTED 1H US%. APCR; TO TENT: RA WIt L C H ASSISTANT SITE MANAGER IE EST : KAY DARN LL CI ECRETARY APPROVED AS TO FORM: � - ILLIAM DEHAAS MUNICIPAL CONTRACTS ATTORNEY TOTAL P.06 65-27-98 16:36 RECEIVED FROM: P.08 rMAY-27-19q-B 17: 26 I ND I AN I P,V LEAS I NG P _ 1312 ` LEASE TERM. Mtmicipallty hereby acknowledges de!iver, and acceptance to good oroo, of each item of Equipment listed ;i`-�e. The term of :his lease for each item of Equlr;nent shad corrarence on the date hereof and stall continue_ for ate Lease Tefe-. specified above. except as hereinafter provided. RENTAL During the Lease Term, Municipality sha:l Div to Indian .Ink Leasing It�C. Ihereinatter .ealladLegsor- ss the assignee of tnerentals Coming due under thts tease, tnh total ren:aoc .specified above, 1'o9e er with a delinquency c srge cri ea-t. pi eriodic rtntal nstallment to deiwlt for ten says at the highest rate permitted by law or such lower amount assessed by Tte awan�e rpntat Raymsnl shalt be payable upon the ekeCUT+Gn herppf and sub Sequent periodic_ rentals Stall be Payable to advanG. C, the day and a: the intervals indicated above. Upon me e><prrat:on or earlier termination of this lease. Muntcitsa.. y shall pay to at: addmonal rents) for each hour of use of any item of t a Equipment in excess of as normal usage, rs specified above. INSURANCE AND INDEMNITY. Municipality must insure itself and the Lessor against loss or damageto the Equipment. It the first box under "Property Insurance" is checked, Inc Lasso, w:1i try to buy the coverage indicated, but will not be liahle it it uarot tie r. so_ If the second box is Checked, you represent trot you have chained the required insurance through the insurer Indicated, end that you have instructed me insurer to name LLC as a loss payee and/or an additional insured on t;te policy. The type and amount of insurance must be approved by me Le;sCr, but at all times must be in an amount no lass than the amc;:nt due under this lease. and the insurance policy mus! provide that Lecscr will receive no less than ten days prior wrirlen notice of canco hatior.. lapse or expiration of tie insurance.. . Nlunictpality snsU Indemnify and ho:d hsrmles5 Lessor and lessor's agents, entptoyees .and successors from and against any d�;maya. toss. tneft or destruction of the Equipment or any put thereof, during the term of this lease. and from and against any and sit loss, damages. mitaies. claims. dernsrds costs and expenses (inctud:ng legat expenses) o1 every kind and nature, arising out of or connected w th the use, condition tincluding. +vitnout bmaation, ail oelt,cts whether or not discoverable by Lessor or Manic+ps:a ; Cr operation of the Equipment Murticrra:ity shalt opiain ltabif,ty insurance trim a carrier accepCole to Lessor in such form and siect to such limits as Lessor may reasonably require protectino the rnterests.of Lessor, and Municipality against claims far darnziacs - or rril.rias to persons or oro?arty cat"ed by the ust.. hol"Q.ng or oparaiton cf .the Equipment MAINTENANCE. REPAIRS AND OPERATING EXPENSES Mjr;:cipz`ity shall maintain the Equipment in goad workinS order and condition, property serviced an garaged and Sha" mike as necesssry repatr5 aria rep, acernents- REGISTRATION AND TAXES. Municipality she:, accomplish and pal' !or the etline, registration and licensing of the Equipment, snd all inspections thereof rag:atrad ey any government autaorrty. In :dd:aon, MunrC,pahry sha.'I pay all taxes imposed in connection wiZn the use and ownership of the Ecuipment MON APPROPRU4TION. If funds are not allotted by Municipai+ty for the next fisca: period sufficient to enable it to continue makmrig the rentuf payments set form herein, Muniapatity may tormmna:e th Agreeme-it upon the expiration of the then current fmcai year and promptly return the Equipment as Grovi ed here=r. Municrozlar a;roes to provide with immediate notice of is .nlanTion to Z(Add;lionl.-J/le.ms ate the_ reefnent a onditi s se: forth on the rsverse a reo are a pa of this Lease.) TT pal:'y Luse.' in y itton, or o u bock In >aInk sing, Inc_ By F:1 _ _.r- APP ED S TO Z W L . FASSISTANT SITE MANAGER 11 F A EST: /9444 W2 &tw A IE DARNELL CI Y SECRETARY Ntj Sherry McKean, President AA)I'7rC IN USA APPROVED AS TO FORM: WILLIAM DEHAAS MUNICIPAL CONTRACTS ATTORNEY TOTPL P.08 05-27-98 16:36 RECEIVED FROM: P,08 hlAy-2'7-19- 3 17: 2'6 I ND I f=(N I Nt< LEAS I NG F_ t t LEASE TERM. Mui.-ipal(ty hereby ackjowledges de!Iver} and acceptance to good ordt. of each item of Equipment listed ►e The term of this lease for each iter) of Equipment shaii corrTtencs on the date hereof and shall continue for the Lease Tens specified above. except tS hereinafter provided. RENTAL During the Lease Term, Municipality shag pay to Indian Ink. Leasing , Inc. w!hereinafter called LPhsssor- as the n assignee of the rentals coming Clue utler..this tease, ChE total ren!ais .spec, ied abovC: together tm a delinquency c ge cr, aazt periodic rental installment in default Yen ten drys at the hig.iest rate- permuted by law cr wch lower amount assessed by TT.e tCvance rertLa Payn) snall bC_ payable upon 'he exe_Vticn heroot and subsequent periodic rentals shalt be payable in arfvanCe Cr, F day ano a: the intervals indicted abovp,. UP on trio expiration pr esrher tcrmtnation of this lease_ Municiaaftty shaii pay tC as additional rents! for each hour of use of any item of the Eq.ripment in excess of its normal usage. as specified above. fNSURANCE AND INDEMNITY_ Municipality must insure itself and the Lessor against loss or damage to the Equipment If trie first box under "Property Insurance` is checked, the Lessor wd, try to buy the coverage indicated but wdl not be liable if it catrx so. A the second box is checked. you represent that you have obtained the regtnred insurance through the insurer rndica:ad. and IFthct you have instructed the insurer to name LLC as a loss payee and/or an sdditiotsJ insured cr. tie po l -cy_ The type and amount of insurance must be approved by the Lessor, but at all times must be in an amount no less than the amc_:nt due under tars lease. and the insurance policy must provina that Lesscr wi!I receive no less than ten days prior written nonce of CanCollauon_ lapse or expiration of the :rsutance_ Municipality shall Indemnify and hose harmless Lessor and Lessors agens, umptoyses and successors from and against any darye. loss. tneft or destruction of the Equipment or any put tnereof, dusrrig the t6rm of this lease, and frprn and again--; any and si! toss. aattmges. injuries. claims. Cernands costs and expenses (,nctud:ng regal expenses) of every kind and nature, arising out of or connected wsth the use, condition lincluding. +yithout limitation. ail oafects whether or not discoverable by Lessor or Munic stay: W operation of the Equipment Murticipa:dy shalt ootain liability insurance from a carrier accopLzole to Lessor in suc.`i form and s:aiect w o such limits as Lessor mey reasonabty recre protecting the interest-- of Lessor, and Municipality againsr claims for der 3xs -Cv ;njurilss 10 persons or OrQ78rtycaused.. by the List. ho.d:ng or operation of .trio Equipment UAIfvTENANCE. REPAIRS AND OPERATING EXPENSES l`4-r.:r,pstity stall mai.ltsin the Equipment in good working order ane condeiorl property serv;ced anC garaged. artC shalt mr:><e al necessary repairs and replacemoriM ;REGISTRATION AND TAXES. M:rrncipatity shev accomplish and pay for the titling registration sad licensing at the Equipment. and all :nspecciors theroof requirad by any government tuthorrtr. In addition, Municrpat,ty shad pay all taxes imposed in connccvon wi.n the use and ovvnership of the Fguiprnent NON APPROPRIATION. If funds ire not allotted by Murt-cipny for the ntxt fiscal period sufficient to enable it to continue nraksne the rental payments Set forth herei7e, Municipality may termini;a tRs Agreament upon the expiration of the Then Current fiscal { year ana promptly return the Equipment as rovided here:r.. Municrozl:tr agraes to provide with vnmedia:e notice of rS .elution to so t rminate the Agreeme ACfditio - Terms d Condi ions se; forth on the reverse aid h are, a p■ hi Lease.) CITY QF pat:-r Lesscr �- > T Ut on, yor of Lubbock Indian nk Le_s g, Inc. Fry 2:57 F APP VED AS 70 C /,, -BRAD WIMCIf 7 ASSISTANT SITE MA AGER F F F. F AT EST- ,44_t� KAY E DARNELL CIT ECRETARY Sherry McKean, President PA WTEC 7 N u5.: APPROVED AS TO FORM: r v WILLIAM DEHAAS MUNICIPAL CONTRACTS ATTORNEY TOTAL P.68 05-27-98 16:36 RECEIVED FROM: P.08 . �.. .. �, I rvu t W4 t iris t. ttH!D h rJ.a P.08 LE: SE TERM. Mu=4a)tty hereby At medges ce'rver, and acceptance In goon orL 3t eacfl (tern of Equipment listed at:-;E lThe 'errn of tFus lease fof an item ut _�,iprner.: spa;i corrmence or. Cie gate hereof and sl z.4 conthm for Me Lease Terr- e above. except is %eginjill provided. RENTAL. During the Lease Term, Mtt,nrt[palrty snYl ,a♦ Ig Indian Ink Leasing, Inc thcretnafter called Lessox az the as&fenee of the rental& cOM1r,2 oue u-imer the bate. mt toU! ren:all .spec+tied above. 109CtheC vvtm a delinquency charge cn cads!. peciome rental instatlment to defa n for ten pays at :ae r..g issi rate perrnamd by raw or srach t6wer amount asseSSed Cy The s::vance rental paymant &na• De payable uDor -the axcc: tarn hereof ana subsequent periodic rantals shall be Playable in advan_e C^ :nE day ano at the tntarvxs tn',ricateo aopv`. L$pOn the exptrat:On or earlier termination of this lease. Munictpa.lty short pay to at add.bonat rams: for sacn hour of use of any eterr• o' [he Equipment in excess of its norms) usage. as specified above. INSURANCE AND 1N0EMU:TY_ Vunicipatry must insure :self and rM Lessor against IOSS o" damage. to the EQ ui manL If the firs - box -rarer 'Property instxtr,ce' is checker, the Lessor w • try to buy the coverage indicated but will not be limit if it C2.-tnoi x so. :1 -,he second box is w%ecxed. you reprtr esent u: you have ^btamoa the required imurance L••1 throh the insurer Ihdica:ada•, . c u,rc you have Instructed the msurar to none LLC as a loss payee and/or an a?di:iortah Insured cn ice pol:Cy. .The type Ina rtncLont of ins.ance must be a:prcvea oy tnE Lessor. bui at ai times must be in art a.•nount no lass thin the erne,: t QCC under Uus 1a2se_ and Vic insurance oc!icv fGUs` pro�tDe that Ltzso' will receive n0 7eSS :nan ten days prior written notice 01 ca'Collwinn. lapse or exp.ratpn of Ir:e :rSL•r Anc C. Nt.rucpalityr scull indemnify and hold 1-.armless Lessor ra �8ssols aaen:s. employees And successors from andagains; any damacJe. toss. in* It or oesrrucuon of the Equipment or any par, tne:cof. dulons 'he term of thus ;ease. artd from anal against any :nd al; toss. Ct mutiC's. miuries. claims. otmands costs and expenses (mclua riq rega: expenses) of every kind and nature. arising out of or connected wah the use. Condition including. without llfn.taron. as oelects whether or nor discoverable by Lessor or Mut.apaIt of operauen of the EgwpmenL al4lrt etpb sty shalt obtain , abday insurance titre a rYrier acce;fagla to Lessor in such form and Sh in to such limas as Lirs&or mey re --onabty recuire orotectin' :nt interest: of Lessor,^ and municipally against claims for oar ages C. .njurisi to persons or property caesed by the use. 710:7 rag or operation Of tl`B Equipment. UAtK-TENANCE. REPAIRS AND O?ERATING EXPENSES 1V_r.:cta:ilty stall rnai.:.ain the ECu:pment in good worki. g orce- art[ ^onclr:orti property serviced arc garaged- one sr2;l :nuke a,! necesury repairs anc replacements REG=STRATION AND TAXES. My zn:ppatt;y shop sect-.p::sh And pay 'o- the mling regae'a-:cn and licensing of the EQuiomenL and ant thereof r-C;_,aed ey anv oovernmont aJ.AOrr[y. In ;.cdmon, Munrctp:Lr,r shalt pay al) taxes ,mpos ad in connection we_-, the Ine and oyvnerShtp Of the Eeuprnent_ NON APPROPRtATICN. If funds are not 4%octed by Mun.cipali;y for the ntxt fisCa' period sufficient to enable it to contim_e retaking the rental paymenis set inrtn nere':% 10m.c,p alii. rnaj twmina:a this Agreamoc ent un tale exorraiton of the then currentis fcal year Ar%o p-omptly rerurn the EC r re As ;-rovxded ne-e:c. Mvnicic2lag a,^roes to provide wi:h imrneda:e notice of its -,tendon to to tacm.nato the Agreeme e A aior>< -erext9c s sc: i;ran o^ the course s'd nereo! litho ■rt Df this Lease.& >n y wit on �7a r o Inds In a ing, Inc_ IV IAPPRO D AS T. C T: l WE CH FASSISTANT SITE MANAGER F5-TTtqL- 'IYTHIE ARNELL TY SECRETARY F F 7, F 05-2?-98 16:36 _ — By Sherry McKean, President t'R 1NTEC IN vS_ APPROVED AS TO FORM: WILLIAM DEHAAS MUNICIPAL CONTRACTS ATTORNEY RECEIVED FROM: TOTAL P. W P.08 r,. MAY-27-19�+5 17: T ND I RFJ I PaK L_ -AS I NG P. E LEASE TERM. Mtmi:ripahty hereby acki, viedges uehver, and acceptance in good ordei ,,t each item of Equipment listed above. N term of this lease for each stern of Equipment shaii Commence on the date hereof and shall continue for the LeaSe Term specified above. except Its hereinafter provided. f Rr-urAl . During the Lease Term, Municipality shall pay to Indian Ink Leasing Tpir— thereinafter called sSor as the l , assignee of the rentals tond ing due under this tease, the total ren:ais .speco'ed above, t'oge er with a delinquency c rge on each periodic rental installment in default for ten drys at the highest rate permitted by law or such lower amount assessed by The eavznce rental payment shall be payable upon the execution hereof and subsequent periodic rentals st.atl be payable in advance on the day and W the Interval% indicated above Upon the ex iraI;or% or earlier termination of this lease. Municipality shall pay to as addaional rental for each hazer of use of any item o} the Eq.,,oment in excess Of its normal usage. as specified above. W$URANCE AND INOEMNtTY_ Munic1paf ly must insure itself and the Lessor against loss or damage. to the Equipment- If the first box under "Property Insurance' is checked, the Lessor will try to buy the coverage indicated, but will not be liable if it cannot do so. 11 the second box ia: checked. you represent that you have r brained the required insurance through the insurer indicated. and Fthat you have instructed the insurer to name LLC as a loss payee aidfor an additional insured on the policy The type wid amount Of insurance must be approved by the Lester, but at all times must be in an amount no less than the amount due under this !ease, and the rnsurance policy Musf provide that Lesscr will receive no less than ten days prior wrinen notice of on eiiatinri, lapso or expiration of the insurance. Municipality shalt indemnify and ho!d harmless Lessor and Lessors agents, employees and successors from and against any damage. loss. Ineft or destruction of the Equipment or any part tnereof, during the wrm of this lease, artd from and against any and all loss, damages, injuries. ci7irns, demands costs andexpenses tinclud.ng regal expenses) of every kind and nature. arising out of or connected with the use, condition (including, without Ilmitallon, all oefbcts whether or not discoverable by Lessor or municipality) or operation of the Equipment Milrtieip8.dy shall obUin liability insurance lrcm a carrier acCep,,al le to Lessor in such form and suhject o such limits as Lessor mty reasonably require orotectmp the interest: of Lessor, and Municipality against claims for damages cr Injuries to persons or property caused by the use. ho•d,ng or operation of .the Equipment MAIN-rENANCE_ REPAIRS AND OPERATING EXPENSES N'.r.ir_ipaiity stall maintain the Equipment in good workirr@ orde, and condition- properly Serviced anC garageeL and shm all ake ail necessary repairs and replacements FC.,STRATION AND TAXES, M:nrgiPality shall accornptish and pay for the titling registration and licensing of the Equipment and all Inspections thereof required by any government auurorrty_ !n addr_ion. Murucipoliiy sha't pay all taxes imposed in conruiction with the use, and ownership of the Equipment_ NON APPROPRIATION. If funds are not allotted byMuniciPti!6- for the next fiscal period sufficient to enable it to continue �n:klna the rental pryments set ferlh here,';+, Munlcipalit. may tormmate this Agreement upon. the exOiration of the then current fiscal i leaf led promptly return the Equipme as prodded nera:r_ Vunic(pzl:zy a;recs to provide with vlunediate notice of its I mentio;in o so tef &Hate the Agrecme t ddllioriz' Teams a Co d' ions se: forth on thr3 reverse side of arq part f tills Lease.) Ty £ palsy itton, Mao u bock Indian nk Leasing, Inc. Fs .5. APP ED AS O T: RAD W LCH �SSISTANT SITE MANAGER FA ESI �KAY IE DARNELL CI SECRETARY t F F Sherry McKean, President PAIJ.tTM IN USA APPROVED AS TO FORM: A� id, WILLIAM DEHAAS MUNICIPAL CONTRACTS ATTORNEY TOTRL P.08 05-27-98 15:35 RECEIVED FROM: P.08 F 1. elution Ho. 5872 Item No. Z6 May 28, 1998 F I RESOLUTM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract %%7th Iii Plains Drilling, Inc. of Abernathy-. Texas, to install and furnish all materials and services for the Center Pivot Irrigation S.stem, and all 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 Council. Passed by the City Council this 2$th day of May .1998. WIN Y SI R ATTEST: Kayq Darnell. City Sccrctar. LAPPROVED AS TO CONTENT: %--.— Victor Kilmaj, Purchasing Manger APPROVED AS TO FORM: William de Haas, Municipal Contracts Attorney Wd:alrU-Plains-ariri.K:.doc ccdocs/Ms, 4.1998 I