1979-05
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{..EASE AGREEMENT FOR BULK STORAGE TANKS
THIS AGREEMENT made and entered on the
27th day of April
, 19~, by and between DAVIS CHEMICAL COMPANY, a division of
Davis Water & Waste Industries, Inc., 2700 Tallevast Road, P.O. Drawer A,
Tallevast, Florida 33588 (hereinafter called Lessor) and
City of
Clermont, P.O. Box 219, Clermont, FL 32711
(Name and Address of Lessee)
(hereinafter called Lessee),
WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual covenants
contained herein, and in consideration of the premises and or equipment,
. Two (2) 3,000 gal. concrete.
Lessor agrees to rent. to Lessee the following: tanks and deck lids. . . . .
furnished by Lessor with serial numbers and description to be located at:
City of Clermont, FL (two (2) sites)
as shown on the list attached hereto and made a part hereof by reference as
LEASE.AGREEMENT.
It is further agreed that the above-described equipment shall be
used for the storage of and application of Lessor's products only,
It is further agreed that Lessee shall pay lessor as. rental
$250.00
per year, per, site listed above, First year's
lease payment is due upon delivery and installation of equipment at
City of Clermont, FL
, with subsequent annual pay-,
ments due on the anniversary date which will be January 1st in each succeed.,.,
ing year.
.
.
FUrthermore, Lessee agrees to maintain the equipment in service-
able condition at Lessee's sole expense, and Lessee will reimburse Lessor
for any damage to the rented equipment,' tank and pumps, normal use and wear
excepted, incurred during the term of this lease. Lessee agrees to be sole- ?
o
ly responsible for payment of all scheduled, unscheduled. and preventative
maintenance and repair on' and to said equipment, tanks and pumps listed on
LEASE AGREEMENT. Repair and replacement parts are available from Lessor
or from Lessee's own supplier,. at competitive prices.
Furthermore, Lessee agrees to provide to any authorized person-
nel of Lessor or its authorized agent access to the said tanks, pumps and
equipment herein leased. Such access is to be made available upon resen.,.,
able notice by Lessor's said personnel or agent, and such aC.cess to be made
during normal business hours of the Lessee.
Furthermore, j t is mutually understood and agreed that this lease
agreement may be terminated by either party upon the giving of thirty (30)
day's written notice by Certified Mail, Return Receipt Requested~ from either
party to the other party at the addresses listed above for each party here~.
to such 30 days to begin running upon the date of mailing of such notice,
In the event of termination of this lease agreement by either
party as aforesaid, Lessee agrees to provide access to the application site
or wherever such leased tanks, pumps and equipment is located, and to pay
Lessor for the removal of the said tanks, pumps and equipment as listed,
including cost of crane plus freight, from application site to; Davis
Chemical Div., 2700 Tallevast Rd., Tallevast, FL 33588
Lessee will have option of purchasing said tanks, pumps and equip-.
ment for: $6,000.00 at the erid of two (2) years all lease cost and
installation cost to be deducted from the $6,000.00
.
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Lessee will not use tanks, pumps and equipment for any product not
purchased from Lessor unless he exercises his option to purchase said equip-
ment.
In the event of Lessor's inability to perform in accordance with
the terms enumerated in Proposal, dated March 26, 197~ Lessee may request
Lessor to terminate this lease agreement without incurring any removal or
freight expense, such request must be made, however, as specified above for
notice of termination.
It is further agreed that Lessor assumes responsibility for instal-.
lation of the tanks, pumps and equipment in accordance with specifications
and instructions provided by t~e equipment manufacturer. However, Lessor
assumes no further responsibility or liability arising from use of the equip~,
ment by Lessee's personnel, and Lessee hereby indemnifies Lessor from lia-
'. bility for any injury or damage not caused by the direct negligence of Lessor,
In WITNESS WHEREOF, the Lessor and Lessee have executed this Lease Agreement
on the dates referenced below, and by their respective authorized representatives,
.
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LESSOR:
. DAVIS CHEMICAL COMPANY, a division
of Davis Water & Waste Indus:~, ,
Inc. /~~~ ~
By: H. FORBES DAVIS . ~/;.
Attest: ~/U e. /~~
Date:
~~.~.~
Witness .
Notary f'tl:. ie, St'1t,~ of Florida at Large
My Commission Ejpires Mar. 1, 1982
~()~~ ~ \0~
~fh~fVf);'j~lf~~~tt~'bf Florida at Large
My CommissIon Expires Mar. 1, 1982
LESSEE:
C~TY OF CLERMONT
..
OaAP~ L ~A#1f-
Notary Pu~l~c
1II0rAllY PURlIC ~TATE OF FLOtlDA AT LAIGl
. MY CO\~MISS'O~~ EXPIRES MAt. '6 '981
BONDeD THRU.~NEIlA.lINS, UNDrRW11T1IlS
CLERMONT, FLORIDA
,-
~J'rJ' fA
City Manager
Attest: UOm ~)
By:
Date:
June 18, 1979
JI< eft tJ/A j
wf/_ness
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.
STATE OF
Florida
COUNTY OF
Manatee
This
23rd day of
Mav
, 1912-, personally came
before me, H. Forbes Davis
, who, being by me duly sworn says he
is the
Manager
and that the
of Davis Chemical Division
seal affixed to the foregoing instrument in writing is the corporate seal
of the Company, and that said writing was signed and sealed by him, in be-
half of the Corporation, by its authority duly given.
And that said
H. Forbes Davis , acknowledged the said writing to be the a~t and deed of
said Corporation.
~~ ~10~
NOTARY PUBLIC
. Notary Publi!;, State ~of Florida at Large
My Commission Explres: My Commission Expires Mar. 1, 1982
(ACKNOWLEDGEMENT FOR A CORPORATE LESSEE)
STATE OF
Florida
COUNTY OF
Lake
This 18th day of
June
, 19~, personally came before
me George D. Forbe,s who, being duly sworn, says that he is the
City
Manager
of Clermont, Florida
and that the seal affixed to the
foregoing instrument in writing is the corporate seal of the Corporation that
said writing was signed and sealed by him in behalf of said Corporation by its
authority duly given, and he did further acknowledge the said writing to be
the act and deed of said Corporation,
IQ~Ah') fA ~...J7. ___
. OTARY PUBLIC . . ~
NOTIl.~\1 PU~lIC-STATE Of FLORIDA AT LARGE
MY CO~:.Mls':JmiEXPIRESMAR. 16 19lU
\l"Mn~" T~~IH:~!-.l~HI r~rs 'It.'DrRWkITERS
My Commission Expires:
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