Loading...
1975-02General Office: 1700 Chantilly Drive. N.E.. Atlanta. Georgia 30324 (404) 321-0911 Telex No. 54-2750 Lanier June 12, 1975 City of Clermont 1 West Gate Plaza Clermont, Florida 32711 LEASE NO. 565-168 Enclosed is the original Equipment Lease Contract which has now been paid in full. You may accept it as your bill of sale for the equipment listed thereon. We would like to take this opportunity to thank you for your business. If we in this office or our local representative may help you at any time, please let us know. Very truly yours, LANIER BUSINESS PRODUCTS (Mrs.) Trudell Selfridge Supervisor, Lease Department mc Enclosure cc: P. S. There have been some product changes made. Why not take a look at what is new? Your present equipment can be traded in and a new equipment lease initiated. You will benefit from up-to-date equipment ideas and a possible tax write-off. .... , RECEIVED J U N 1 6 1975 EQUIPMENT LEASE.PURCHASE 12-7-1973 (Date) Address: No. City of Clermont 1 Westgate Plaza 32711 Clermont, Lake, FL P. O. Box 1555, Atlanta, Georgia 30301 Lessor hereby leases to Lessee, and Lessee hereby hires and takes from Lessor the following described equipment and services subject to the conditions herein specified: Equipment Furnished: Model, Type, Serial No. and Extra Access. QUANTITY TERM: This LEASE-PURCHASE agreement is for a term of 36 months, beginning 12-10 1973 and ending RENTALS: For said terms, Lessee shall pay to Lessor rent under the following terms and conditions: the Jirst month's rent and the last month'srent in advance ($' .,. I. ~nd the balance of rent to be paid in 34 equal, successive monthly rental payments of $29.17 each, of which the first is due 1-18-1973, and the others on a like date each month thereafter, until fully paid. In ad- dition to the foregoing rent Lessee agrees to pay all costs of collection or enforcement of the lease including attorneys' fees if any part of the rent is collected by legal action or throuah an attorney at law. All payments due or to become due to Lessor hereunder shall be paid at and to Lanier Management, Incorporated, P. O. Box 1555, Atlanta, Georgia 30301, for the account of Lessor. TAXES: Lessee shall comply with and conform to all laws and regulations relating to the ownership, possession, use or maintenance of the equipment and pay promotly when due all taxes and other public charges against or upon the equipment as additional rental thereof. Lessor hereby assigns to Lessee all investment tax credit which may be available with respect to the equipment under any existing or future tax laws. PLACE OF USE: The eouipment shall be kept at Clermont County of Lake State of FL and shall not be moved therefrom unless Lessor in writing permits its removal, and shall be used in the conduct of Lessee's business only, and shall not be sold, subleased or loaned to others without Lessor's prior written permission. MAINTENANCE: During the term of this agreement Lessor will render guaranteed maintenance service during normal business hours at Lessee's above listed address. This maintenence will conform to authorized fectory guaranteed maintenance contract. BY HIS SIGNATURE AFFIXED HERETO LESSEE ACKNOWLEDGES THAT HE HAS READ THE AGREEMENT ON BOTH SIDES OF THIS PAPER, THAT IT CONSTITUTES THE ENTIRE CONTRACT BETWEEN LESSOR AND LESSEE; AND THAT IT CAN ONLY BE MODIFIED BY A SUBSEQUENT WRITING SIGNED BY AN AUTHORIZED PARTY FOR THE LESSEE AND BY A CORPORATE OFFI- CER IN THE LESSOR'S PRINCIPAL OFFICE FOR THE LESSOR. Accepted at Lessor's principal office" 900-002 LEASE IRREVOCABLE; This lease is irrevocable for its full term and for the full rental above provided, and the rent shall not abate because of Lessee's surrender of the equipment or the termination or loss of Lessee's possession of the equipment or for any other reason. INSURANCE AND DESTRUCTION OF EQUIPMENT: Lessee agrees, at its own cost and expense to comply,..yvith alt governmental laws and regulations with respect to the use, maintenance and operation Of the eqllipment, and nO.!.,.to use it.for any illegal purpose, and Lessee agrees to maintain at all times insurance in an amount sufficient to cov,er th~ unpaidren!. fire, theft and comprehensive insurance under a separate policy of insurance naming Lessor as loss payee on a standard tender's loss payable clause, or with Lessor's written permission to cover the equipment under a blanket policy naming Lessor as an assured as its interest may appear. The rent provided herein shall not abate because of any total or partial destruction of the equipment or Its loss or dlsappearance, except that the net amount of any recoveries receIved by Lessor on Insurance carried on the equipment by Lessee shall be applied to the rent payment in inverse order of their maturitv. Lessor shall not be obligated to un- dertake to collect any claim against any person or insurer for any loss or damage to the equipment . The lease shall not be terminated by any loss or damage to the equipment, and Lessee shall be relieved from paving rent on account of such occurrence only as provided in this paragraph. TITLE AND LIABILITY: All said equipment shall remain personal property and title 'thereto shall remain in Lessor exclusively. Lessee shall keep .the equipment free from any and all liens, claims and security interests: and shall do or permit no act or thing whereby Lessor's title or rights may be encumbered or impaired, and Lessee shall keep the equipment in good condition and repair, except for reasonable wear and tear resulting from normal use, at at Lessee's sole, expense (except during the term of anv service and maintenance contract written by Lessor on the equipment). Lessee shall indemnify and save Lessor harmless from any and all injury to or loss of the equipment from whatever cause, and frorn liability arising out of the use. Damage for any loss or injurv shall be based on the then true and reasonable market value of the equipment or. respective of rentals therefore paid or accrued. DEFAULT: If Lessee defaults in the prompt payment of any rent installment or other Iiability due hereunder or breaches any other provision hereof, or anv proceeding is filed by or against Lessee under anv law relating to bankruptcy or the relief of debtors, or for receivership, or Les- see makes an assignment for the benefit of creditors, or if in the Lessor's judgment the equipment is in danger of loss or abuse or if the Lessor deems itself insecure, then in any such event Lessor may declare all of the remaining rent payments her.eunder immediately due and payable and may without notice or legal process enter onto any premises where the equipment may be located and take possession of it: arid Lessor may at its option either sell, re-lease or retain the equipment, and at its option either (a) without terminating this lease, recover from the Lessee as dam- ages for thebreach of this lease and not as a penalty an amount equal to the difference between (i) the aggregate amount of the unpaid rent due hereunder, including additional rent, and (ii) the then net rental value of the equipment for the unexpired term of the lease less all of Lessor's expenses or repossessing .the equipment, storing it preparing it for sale or release and commissions on its sale or re-Iease, or (b) terminate this lease, whereupon neither Lessor nor Lessee shall have any further liability to the other under this lease or with respect to the equipment. Lessor shall be under no obligation to sell or re-lease and lessor's failure to do so shall not impair the obligation of Lessee to pay damages provided for hereunder. if lessor elects to sell or re-lease the equipment, it may sell at private sale for whatever price it deems to represent the fair value. of the equipment, and it may lease for a term and rental which may be equal to, greater than, or less than the term and rental agreed to herein, and the price received or rents reserved by Lessor in such sale or lease shall be deemed for the purpose of this paragraph to constitute the net rental value of the equipment. In addition to the foregoing remedies Lessor shall have all of the remedies of a secured party or Lessor of personal pro perty under applicable law, all of which remedies shall be cumulative and not alternative. Lessor's failure to exercise any remedy hereunder after a default by Lessee shall not be a waiver of such remedy nor a waiver of such default or any subsequent default POSSESSION:Lessor convenants to and with Lessee that conditioned upon Lessee's performing the conditions hereof, Lessee shall peaceably and quietly hold, possess and use the equipment during said term without let or hindrance. ASSIGNMENTS: Neither this lease nor Lessees rights hereunder shall be assignable except with Lessor's written consent; the conditions hereof shall bind anv permitted successors and assigns of Lessee. If Lessor assigns the rents reserved herein or all of any of Lessor's other rights here- under assignee's rights shall be independent of anv claim of Lessee against Lessor. Lessee on receiving notice of any such assignment shall abide thereby and rnake payment as may therein be directed, Following such assignments the term Lessor shall be deemed to include or refer to Lessor's assignee. INDEMNITY: Lessee shall indemnifv and save Lessor harmless from any and all liability, loss, damage, expense, causes of action, suits, claims or judgments arising from iniury to person or property resulting from or based upon the actual or alleged use, operation, or transportation of the equipment or its location or condition after it has been delivered to Lessee by Lessor, and Lessee sha!l, at its own cost and expense, defend any and all suits which may be brought against Lessor, eitheralone or in conjunction with others upon any such liability or claim or claims and shall satisfy, pay and discharge any and all judgments and fines that may be recovered against Lessor in any such action or actions, provided, .however, that lessor shall give Lessee written notice of any such claim or demand MISCELLANEOUS, Lessee hereby waives any and all homestead and exemption rights under the law of the United States or of any state and hereby assigns all such rights to Lessor' as security for all obligations of Lessee hereunder, Lessee will not change or remove any insignia or let. tering on the equipment. Lessee acknowledges the receipt of a true copy of this EQUIPMENT LEASE - PURCHASE. PURCHASE OPTION: If at the termination of this lease, the Lessee be not then in default hereunder, Lessee shall have the option to purchase said equipment upon givinig written notice not less than 30 davs prior to expiration at the original term hereof. The purchase price shall be $1.00 (One Dollar) VENUE: This lease takes effect only when it is accepted by the Lessor at its principal O!flce in Atlanta, Georgia, and is a Georgia transaction and it shall in all regards be interpreted under and governed by the laws of thc State of Georgia, including Georgia laws concerning installment sales and leases, usury and service of legal process. AUTHOR!TY: If Lessee is a corporation, this lease is executed by authority of its Board of Directors. No salesman or field personnel of Lessor are authorized to accept this lease or modify its printed provisions, or agree to any amendment, modification or recission of this agreement after it has been submitted to Lessor's principal office.