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Home My Public Portal AboutORD10818 BILL NO. 87-3 SPONSORED BY COUNCILMAN BORGMEYER ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON HAULING & DISTRIBUTING FOR STORAGE SILO. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Jefferson Hauling & Distributing for a sum not to exceed $10, 897.15. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved AM Presi g Officer Mayor ATTEST: "7 City Clerk LEASE AGREEMENT WITH OPTION TO PURCHASE This agreement is made this j±day of M�axL, 1987, between'• Jefferson Hauling and Distributing Company (hereinafter called "Lessor") , Old Highway 94, Cedar City, Missouri 65022, and City of Jefferson (hereinafter called "Lessee") , 320 East McCarty Street, Jefferson City, Missouri 65101 . WHEREAS, Lessor is desirous of leasing certain equipment to be used in the storage of dehydrated lime and providing transportation service of said commodity to Lessee upon the terms . and conditions as hereinafter set forth; and WHEREAS, Lessee is desirous of renting and using the equipment and utilizing the transportation services of Lessor upon such terms and conditions; Now, therefore, it is agreed as follows: 1 . Lease of Equipment. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor the following personal property: one 25 ton storage silo; one Fuller airlock blower system and transfer pump; electrical motors and switches pertaining to the aforementioned storage silo, airlock blower system and transfer pump; all pipes necessary for unloading and transferring dehydrated lime; all shut-off and check valves pertaining to said storage silo, airlock blower system, transfer pump and pipes; all material and electrical wiring for the aforementioned properties; and a dust collector. The aforementioned properties shall hereafter be collectively designated and described as "equipment" and are located on Old Highway 94, Cedar City, Missouri. 2. Term of Lease. The term of this lease is for one year commencing on the day of ��)<.�, ...�, 1987 and ending on the day o€ ?u�� , 1988. U I/ 3. Amount of Rent. Lessee shall pay to Lessor as rent the sum of Three Dollars ($3.00) for each ton of lime delivered to It MCI,III Ak the aforementioned storage silo during the term of this lease. Rent shall be paid by Lessee to Lessor on the _� day of every month commencing the /``� day of jl -. _, 1987, and continue from month to month for 12 consecutive months. Lessor shall tender invoices, or copies thereof, to Lessee on the last day of every month which will show how many tons of dehydrated lime Lessor hauled to aforementioned storage silo. The rent paid to Lessor will be based on the previous month' s invoices. 4. Title. Title to the equipment and all parts thereof shall, unless the option to purchase is exercised as herein provided, remain in Lessor. Lessee shall not remove, conceal or otherwise interfere with the title of ownership until and unless equipment is purchased and full payment thereof is made as herein provided. 5. Default. In case of Lessee' s failure to pay rent when due, or the failure to fulfill or perform the conditions imposed upon Lessee by this Agreement, for a period of 15 days after written notice of such default shall have been given to Lessee, Lessor shall have the right, at its option, to declare all unpaid rent past due and payable. At any time when Lessee is in any such default, Lessor may take possession of the leased equipment, including all substituted parts, accessories, and repair parts and Lessee shall abandon its use of the leased equipment. Lessor' s remedies in case of Lessee' s default shall be 9 cumulative, and Lessor may exercise any and all other lawful remedies Lessor may have by virtue of Lessee' s breach of contract. 6. Maintenance. Lessor shall, at its expense, maintain the leased equipment in good mechanical condition and running order, normal wear and tear or depreciation resulting from the authorized use thereof excepted. All additions, attachments, accessories, and repairs at any time made or placed upon the leased equipment shall become part of the equipment and shall be the property of Lessor. -2- 7 . Representations and Warranties. Lessor warrants that the equipment covered by this Lease Agreement will conform to the specifications contained herein and will be fib: for the particular purpose of processing of wastewater at the Jefferson City Waste Treatment Plant located on Old Highway 94, Cedar City, Missouri. However, Lessor makes no other warranties or representations as regards the condition of the equipment, including but not limited to the existence of latent defects or patent infringement or any other condition of the equipment for which the Lessee may seek all available remedies from the original manufacturer. B. Option to Purchase. At any time after one month from Am the date hereof, but not later than the date herein fixed for the expiration of the term of this Agreement, if all rent due and payable have been paid in full, Lessee shall have the right and privilege, at its option, to purchasi the leased equipment for the sum of Twenty Thousand Dollars (.: ,.1,000.00) less Seventy Five Percent (75%) of the total rent paid Lessee prior to the exercise of this option. Lessee shall notify Lessor in writing of its exercise of this option to purchase. Upon the exercise of this option, Lessor will duly execute and deliver to Lessee all documents necessary and proper to effect transfer of ownership of the leased equipment to Lessee, free and clear of all encumbrances, security interests, and liens (other than encumbrances, security interests, or liens suffered or permitted by Lessee to become effective thereon) , and Lessee shall pay in cash or certified check the full amount of the option price. Thereupon, this Agreement shall terminate and no further rent shall become due in respect to the leased equipment purchased by Lessee. 9. Assignment. Neither this Agreement nor Lessee 's rights hereunder shall be assignable by Lessee except with Lessor' s written consent, which Lessor shall not unreasonably withhold. -3- AIL 10. Risk of Loss. Lessor shall indemnify and hold harmless Lessee from and against any and all claims, losses and liabilities arising from personal injuries, including death, and damage to property which are caused by Lessor in the installation, maintenance, repair and operation by Lessor of the equipment leased herein, in or about the Jefferson City Waste Treatment Plant. Lessor further agrees to defend, indemnify and hold Lessee harmless from and against any and all claims arising from any breach or default on the part of Lessor in the performance of any covenant or agreement on the part of Lessor to be performed, pursuant to the terms of this agreement. 11 . Notice. Any notice required or permitted under this lease shall be deemed to have been sufficiently given for all purposes if sent by registered mail, postage prepaid, addressed to the party to be notified. at its address shown at the beginning of this lease or at such other address as may be furnished to the notifying party in writing. 12. Lessor Not Liable for Certain Damages. Lessor shall not be liable for any loss or damage which is incurred as a result of delay, strikes, storms, war emergencies, labor troubles, belated receipt of materials, fires, floods, water, Acts of God, or other circumstances beyond its control. 13. Insurance. Lessor shall procure and maintain at its own expense during the life of this contract insurance coverage in the types and in the amounts specified in the Request for Proposal covering activities of Lessor and its employees and any subcontractors of Lessor and their employees. 14. Entire Agreement. This Lease Agreement and the Specifications contained in the Request for Proposal constitute the entire agreement between the parties and may not be modified except by a written instrument signed by the parties hereto. IN WITNESS WHEREOF, the parties have set their hands on the date above first written. -4- JEFFERSON HAULING AND CITY OF JEFFERSON DISTRIBUTING COMPANY By% LESSOR SSEE ATTEST: C,Z City Clerk i -5- _ ,ems