HomeMy WebLinkAboutResolution - 2012-R0179 - Contract - Bee Equipment Sales Ltd.- Leeboy Asphalt Paver - 05/03/2012Resolution No. 2012—RO179
May 3, 2012
Item No. 5.12
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. 10765 for a LeeBoy 8515
asphalt paver, 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 May 3, 2012
17
TOM ARTIN, MAYOR
ATTEST:
A--
Reb&,.cGarza, City Secret
APPROVED AS TO CONTENT:
arsha Reed, .E., Chief Operating Officer
APPROVEq AS TO FORM:
Chad Weaver, Assistant City Attorney
vwxcdocs/RES.Contract-Bee Equipment Sales, Ltd.
April 18, 2012
Resolution No, 2012—RO179
Bee Equipment Sales, Ltd.
P.O. Box 3406 - 2506 Slaton Rd.
Lubbock, TX 74452
Phone: 806-745-1511 Fax: 806-445-0543
EQUIPMENT LEASE AGREEMENT
Subject to the approval of the Imsw at its homeoffice, Bee Equipment Sales, Ltd., Lubbock, Luhhock County,
reser:, the lessor herein lass upon the terns and eomditions hereinafter set out to
CRY OF LUHBOCK , the lessee. of
P.O. BOX 2000
F1umc Address
LLHHO('K TX 79457
City Sate Zip
Tek -phone Number
the fiollowing dm-rLbod personal property, ver.:
i } ONE. (I 12009 LEEBOY ni 14 PAVER
2) S.N 8515-7691:
3) BuyHcmird Contract 34S -In
a) Rental Price 11%00 (Nle
5) 2% Discount
6) INSURANCE VALUE- 1511,3(x100
7) CUSTOMER TO FURNISH PROOF OF INSURANCE
8)
Hours Chit Hours In
wRl ship as -on as poxsihle to CITY OF LUBBOCK
the lessee at
LUBBOCK
, Joh telephone no.
for the MINIMUM RENTAL PERIOD OF THREE (3) MONTHS WITH WEEK TO WEEK OPTION, NOT TO EXCEED FIVE {5) MONTHS
starting 51112012
in waslderstlon of
which lessee hereby agrees in pay the lessor at its office in Lubbock. Texas the following rental:
Rental Rate 58.820.00 Monthly_x_ Weekly_ Daily_
Freight Charges $0.00
Additional Charge` $13,43 _ HRT TAX .001 ON
Sales Tax( a.251 . SIM*
Total Charges $8,835.83
THREE coexeutive MONTHLY rental payments of
EIGHT THOUSAND EIGHT HUNDRED THIRTY FIVE DOLLARS AND 931100 t 4x.835.93 ), dollars hcgmning
1 -May -12
Total of thrac mumhA payments equal $28,507.79
Dollarstar
Rental suhwquent to the ahwesaid minimum period shall be
dolma IS )per frw a period of
Should lessee elml to purchase above dncribW equipment, the Purchase price shall be
N/A Dollars ($N 'A ) PLUS WA
figured as conversion premium. Pus any additional chisrges as described in paragraph 2 un revere side of this agreement
WA
Executed in triplicate this ISth day of Agri$ 2012
CITY OF LUBBOCK
IAwv
I have nzd the terms and crmditions own the
reverscside ofibis agreement and agretthaxio.& Exhibit A
By
Bee Equiprnem Sales. Ltd.
L sear
I N+A)%
By ,
Mike Kuehn
Sales Representative
Terms and Conditions
I . This lase contemplatra the continuous metal of the property at the rate of metalubnvc agreed upon, until said property is
duly resumedto kssstr at its watdonse in I.uhhick, Texas. But the leasee shall be liable for the full rental for the enure period even
thought the property is returned W the lessor prier to the termination of the minimum period.
2. Lessor agrees to warrens all major components for a proud of sol days other than rnisusc or abuse top to five percent (SX) of
the purchase option price. All cost excoxding five percent I S%) fox the 90day wurnenty period and one hundred percent 000%)
of all cost ages expiration of wamamy period will be added to the purchase option price.
3, The rental price on this eaquipmens is based an single shift operation, which is dcrinod as five (S) ten ( 10) hour working days
per week not to exceed two hundred (200) hours per month. and in the event lessee put& the equipment on a dowblc shift operation.
the rental rate hactnabuvc specified shaft be doubled for the period of such use.
4. 11 is apexd that tonic is the essence of this contract and that all rental shall be paid promptly at the time agreed upon.
S. In Casa of lessee's failure or rcfitsal In pay on one or more installments of rent, payable hereunder or to fulfill or perform any
of the other agivements or conditions imposed an the Ixsm, within seven (71 days after Lessee's receipt of written n uilice ol'such
default. lessor may, at its option (which shall be exercised within seven t7) days therafter upon written notice the+mfru Lessee).
until L m%m hu curvi its default prior to expiration of time limit contained in said nigice, elect to either'
(a) Require Lessee to purchase said equipment at and liar a purchase price equal to the sum of
ONE HUNDRED FIFTY THOUSAND THREE HUNDRED dollar, ($150,300.00
pus chArgo describedon paragraph 2, kw the sum of paean i 97.
of ull rentals theretofore paid. and'or due which a.ormt will be payable to Lcssor . cash upon
demand. All salvo or use taxes, if any. which are applicable W such purchase shall be tours€ and paid by Lessee:ur,
(b) Take possession of said equipment, including all substitute) pans, accessories and equipment. with Or without legal pnohess
(Inst: hereby authorizing toe peaceful entry for said purposes an any premises of the Lessee).
R. free agrees, during the period covered by this lease, to protect, indemnify, rrimbum, and save harmless the lesux altainst
any and all damage to said pnopaty.
7. Lessee agrees nut to remove any of the above property front City or Coamty into which shipped without giving immediate written
notice thereof to lcwx, and hallow agrees ram to remove any pan thereof from the state into which shipped without first obtaining
written permission from the lessm
g. L essce agrees to pay all operation and mainumancc expense unlit all of the above described property is returned and actually
received by the lessor, and upon the lamination of this lease W return said property to the lessor in as good condition as received,
natural wear expected. Itssee further agrees W use said property only for the purposes recommended by the manufacturers lhcroof
and further nut to lend same beyond the capacity recommended by the manufacturers.
Lessee W have complete control of equipment. Equipment to due used for.
W. It is agreed that the above property shall, upon no cundilion, he sub -let by the lessee, nor shall lesser mortgage same or permit
arty liens or claims to be filed against said property while in less" s possession: and should, for any reason whatsoever, any lien be
Most against said property or any claim be made thereto, lessee agrees imnealiarely, in writing, to ani fy the Icasox lherexhf and to
nuke all naxs.ary steps to protest said property against said claim -
10 All Freight or tram irmnation charges, bothways, loading and unkWing charges an les he paid fir by knise c Rcfum
umsponwicm charges to be prepaid by kssec.
I I I1 is agreed that this lease shall continue in farev and effect, unless lensimicd ax above provided for, unlit all of the laesed
property is resumed to te`ssor
12lissm agrees to hold hatmkss from any claim in damages. either on behalf of lessee or tiny otter person. hum cor corporation,
arising during the period covered by this lease. whether said claim results from the use of pmprty hereby teased. or any defiecl in
same. The lessee shall furnish and keep effective during the entire term of this lease an insurance policy insuring the described
equipment with a euntraetwx all risk equipment floater with a Mas payable it, Bee Equipment Sales. Lud A CITY BANK
is their interests appear. Iessee shall also furnish and keep in effect during the life of this kbsc, a policy of Gau"I Uallifity, with uritis ri
insurance equal to or greater than $31)14000 Bndity Injury and $100,tum Property Damage. Such evidence of insurance shall be dehverod
to the lessor poor Ins delivery of leased equipment to the Lesser.
13. The Lessen agree 14) pay all acsossunenu, taxes or public charges. which may be levied against limper ty while in possession of the
Lessee
14 The Ixssce agrees It, pay all costs of oxdkctom. mdoding reasonable alwncy's ices if this agreement is placed in the hands of an
alwme'y lir collection.
13 It is agreed that this writing covers all the agreeocnms between the panic, hetero and no agreement, unless e+pcc tally' prmyhded ter
herein. shall be binding upon either ('Pine parties hercvu
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for +aid County and State, in this day personally appeared know to me to be the
pa,om whose name subscribed to the foregoing instrument. and
ackmawkdged to net that ne
executed the same Ws the purposes and const Cramer ere. expressed
GIVEN UNDER MY HAND AND SEAL OF THE OFFICE this the
day of A D, 241
unary public in and for Cinuity. Texas
EXHIBIT A
AMENDMENT TO LEASE AGREEMENT for
LeeBoy 8515 Asphalt Paver
Resolution No. 2012—ROI79
The Rental Agreement ("Agreement") entered into on the 3rd day of May, 2012, 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.
The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or
otherwise, including without limitation, the right to seek any and all forms of relief in a court of
competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to
exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative
and not exclusive, and may be exercised concurrently. To the extent of any conflict between this
provision and another provision in, or related to, this document, this provision shall control.
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 CONTRACTOR
BY
Tom Martin. Mayor Authorfzed Representative
ATTEST:
Q'AO -d I e---
Reb •ca Garza, City Secretary
APPROVED AS TO CONTENT:
m6wla--L c d—
TN
Marsha Reed, Chief Operations Officer
APPROVEQ AS T FORM:
Assistant City Attorney
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Ad�ss f� k 3 ! a6
Tx 71Les2—