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1979-05 . . {..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 . . 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, . . 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 . . 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: -,