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HomeMy WebLinkAboutResolution - 2010-R0165 - Equipment Lease Agreement (No. 9502) W/Bee Equipment Sales, Ltd. - 04/08/2010 (2)Resolution No. 2010-RO165 April 8, 2010 Item No. 5.14 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, Equipment Lease Agreement No. 9502, by and between the City of Lubbock and Bee Equipment Sales. Ltd., and related documents. Said Agreement 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 8, 2010 TOM MARTIN, MAYOR ATTEST: Rebeccaf aria, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operations Officer APPROVED AS TO FORM: Weaver, Assistant City Attorney f vw:ccdocs:,RES.Agreement-Bee Equipment Sales, Ltd. March 23, 2010 Resolution No. 2010—RO165 EXHIBIT A AMENDMENT TO LEASE AGREEMENT for Asphalt Paver The Rental Agreement ("Agreement") entered into on the 8th day of April, 2010, 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 268-07 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 Tod Martin, Mayor ATTEST: Rebe aria, City Secretary APPROVED AS TO CONTENT: io 1(2 a � (�-)& y 4 Marsha Reed, Chief Operations Offi er APPROVED AS TO FORM: Assistant City Attorney CONTRACTOR BY/'//'�'� Autho ed Representative (3e- E"y�,��,�,�7- Selr ,eta Address Q,O, D-,,, 390G . L� �d s� � % 79111-;Z Resolution No. 2010—R0165 EXHIBIT A AMENDMENT TO LEASE AGREEMENT for Asphalt Paver The Rental Agreement ("Agreement") entered into on the 8th day of April, 2010, 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 268-07 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 To Martin, Mayor ATTEST: Rebe aria, City Secretary APPROVED AS TO CONTENT: r atL Marsha Reed, Chief Operations Offs er APPROVE AS O FORM: �6 d Assistant City Attorney CONTRACTOR BY d AuthoAzed Representative Bee lAlej- , 4- a Address aa, L3a, Ty 79111";2