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HomeMy WebLinkAboutMurphy Tractor & Equipment - Equipment Rental Agreement - 1/9/2006 `EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE V LESSEE NAME Cit4 og Waoa - S#neet DepaAlmient 006 - l STREET ADDRESS DATE = 7943 ER DEALER ACCOUNT NUMBER 1314 Stack Hawk SbLee# 01 Nov 05 CITY STATE ZIP CODE LESSOR NAME&ADDRESS Waxelleaa Iowa 50703 Mu)l Uaaton 9 Equipment TELEPHONE Area Code( 319) 291-4445 3469 W Aixtine Hwy P 0 Box 2520 NAME OF CONTACT PURCHASE ORDER NO. Steve 'Decker I Waterloo, Iowa 50704-2520 EQUIPMENT �(C1.ounty) (City) (State) COUNTY CODE ,LESSEE WILL NOT REMOVE THE EQUIPMENT FROM THIS USED WILL BT Btack- Hawk WateAtoo Iowa IA013 LOCATION WITHOUT WRITTEN PERMISSION FROM LESSOR. Rentals are Payable in Advanceof Use of Equipment RENTALTERM RENTAL IS: Hour Day Week Month MINIMUMRENTAL ADDITIONAL CHARGES(Specify): GUARANTEED BY LESSEE tee°l5 Nov 05 e: 15 Mal[. 06 is 3 500.00 Per:❑ ❑ ❑ [XI $ $ DESCRIPTION OF RENTAL EQUIPMENT REFERENCE NO. MODEL DESCRIPTION OF EQUIPMENT PRODUCT IDENTIFICATION NO. HOUR MLTER PRESENT VALUE READING 03904 770CH Motor Grader VW770CH583353 3395 128,500 TOTAL PRESENT VALUE ► PURCHASER TYPE(check one) MARKET USE(check one) Forestry Mining&Quarrying Underground Non-govermnental Agriculture 21 Harvesting 34 Coal Mining 50 Energy Related Pipeline S Small Fleet(less than 10) 17 General Utility 24 Log Loading&Handling 31 Metallic Mining 82 GasMater/Bectric Utilities M Medium Fleet(10-24) 13 Uvestock/Feedlot/Dairy 22 Reforestation/She Preparation 36 Stone/Aggregate 43 Sewer and Water Systems L Large Fleet(25-74) 15 Row Crop/Small Grain 23 Road Building&Maintenance 80 Recycling 81 Telephone Company V Very Large Fleet(>75) LJ 16 Specialty Crop 93 Nursery&Landscaping Rental&Lease Companies Other neer Sze=num0eroi sNfpropNla.on-,oac, Building Ismwyw.,am�,ww ) 84 Landfill/Refuse e 96 independent Rental Company 71 Airport Runways and Aprons conit.lor,ma mines m nre cvswrwx freer 42 Nan-residential Material Handling 90 John Deere Dealership/Renta)Fleet 94 Golf Courses lowned,raaseo orrenmd ro.3 mwfns wmn9a9 41 Residential 92 Highway M Governmental 75 Erick,CGy,Glass Prod Road Building y owing 2 Federal Govt. 47 Demolition 77 Crick,Clay,Glass 48 Bridgew &Construction and Mand 95 Light Duty Maintenance 3 State/Province Earthmoving)are oadosam,nm 65 Chemical Plant 49 Hwy&Street Construction end Maint. 35 Oil Field 40 Non-residential 61 Manufacturing eJ B Ind.Use 51 Hap Handling ing lot Paving 87 parks 4 County g 74 Cemeteries 5 Ci /Town�lla 39 Residential 56 PwVS[eveJRulk Hdlg 67 Scrap Handling 6 Armed FOmeS 12 Land Improvement 76 Sand,Gravel&Stone 79 Cemeteries 78 Environmental Cleanup 86 Steel Mill Lessor hereby leases to Lessee the equipment identified above("Equipment")for the Lessee shall indemnity Lessor against all loss or damage to the Equipment while it is term and with the rental payments set out above. Rental payments shall be made to out of Lessor's possession.The amount of any such loss or damage will be based on Lessor at the address shown above,subject to the provisions of Paragraph 4 on the the value shown above.Damage to the Equipment,other than a total loss,will not abate reverse side hereof.The Equipment will be transported to and from Lessor's place of or excuse the making of prescribed rental payments.Lessee agrees to use and care for business during the rental term at Lessee's expense. Lessee also agrees to pay any the Equipment in a careful and prudent manner. additional charges noted above upon or before receiving the Equipment from the Lessor. Lessee agrees to pay all operating and maintenance expenses while the Equipment is It is contemplated that the E ui ment will be operated for not more than: out of the Lessor's possession,and to make or secure any needed repairs.All repairs NO.OF HOURS IN ANY ONE DAY NO.OFHOURSINANYONEWEEK NO.OFHOURSINANYONEMOMH shall be at Lessee's expense, except to the extent that Lessor performs repairs and obtains compensation for doing so from the manufacturer.To the extent permitted by 60 law,neither Lessor,its assigns,the wholesale distributor or the manufacturer makes any representation or promise as to the quality,performance or freedom from defect of the Lessee agrees to pay additional rental prorated at the applicable daily,weekly or monthly Equipment, and NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS rate for each hour the Equipment is used in excess of such time.The additional rent for MADE.Neither Lessor,its assigns,the wholesale distributor or the manufacturer will be excess hours of use will be paid at the time the Equipment is returned or,if the Equipment liable for any incidental or consequential damages which may result from the use, is leased for more than thirty days,on the first day of the month following such use.If performance or failure of the Equipment.Lessee acknowledges that the Equipment is of an hour meter is furnished,(1) Lessee agrees to keep it connected to the Equipment a size,design and capacity selected by Lessee and that Lessee is satisfied that the and in good working condition at all times, and (2) it will be used as the conclusive Equipment is suitable for Lessee's purposes. measure of the number of hours of operation. Lessee will return the Equipment to Lessor in as good condition as received,reasonable If Lessee fails to return the Equipment by the end of the rental term, Lessee will pay wear and tear excepted,by the end of the rental term. If the Equipment is not in such additional rental,prorated at one and one-half times the normal rental,for each day that good condition upon its return to Lessor and Lessor elects to repair it,Lessee will pay the Equipment remains unreturned. for such repairs at Lessor's regular shop rates. Lessee assumes all risks and liability for and agrees to hold Lessor and itsassigns Lessor may,at Lessor's option, replace the Equipment with a similar machine at any harmless from all personal injuries and deaths,property damage,suits,claims(including time during the rental term.Lessor will notify Lessee if Lessor intends to exercise this third party claims),losses,expenses,costs,and attorney fees,arising from'or in con- option,and Lessee will have three(3)business days following such notice in which to nection with the Lessee's use, possession,entrustment to others,or transportation of exercise the purchase option provided below or return the Equipment to Lessor.Upon the Equipment. Lessee,at Lessee's own expense,will carry general liability insurance return of the Equipment to Lessor,the rental term hereunder shall terminate,and the with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate, parties will enter into a new original Rental Agreement covering the replacement machine. unless greater liability limits ares ecified below. Such new Rental Agreement shall extend,at a minimum,for the remainder of this Rental PER OCCURRENCE LIMIT AGGREGATE LIMIT Agreement's rental term and have a rental rate no greater than the rate for rental of the Equipment hereunder. Upon or before the end of the rental term, Lessee may elect to purchase the Equipment for the"Total Present Value"specified on this Rental Agreement,and may Lessee agrees to furnish a certificate of insurance to Lessor's satisfaction evidencing apply to such purchase price % of all rentals previously paid.An Lessee's compliance with the foregoing requirement and name the Lessor as an additional election to purchase will be evidenced by execution of a purchase order form supplied insured on the Lessee's general liability policy upon demand by Lessor. by Lessor. THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF • CONDITIONS SET OUT ON • HEREOF. LESSEE(Customer)-All new equipment rented hereunder was received with LESSOR aler)-The equipment rented hereunder was set up, inspected Operator's Manuals,and operation and servicing have been explained to me. and, if n justed according to factory recommendations before delivery. Operati n nd servicing v Gen explained to the Lessee. ,; SIGNATURE DATE SIGNAT E DATE FOR OFFICE USE EQUIPMENT RENTAL AGREEMENT LESSEENAME Cit4 o6 Watentoo — Surae# Depaxtment STREET ADDRESS DATE GOVT.BID NUMBER DEALER ACCOUNT NUMBER 1314 Stack Hawk StXi 01 Nov 05 7943 CITY STATE ZIP CODE LESSOR NAME&ADDRESS Waoo Iowa. 50703 MwLphq Tnacton 8 Equifiment TELEPHONE Area Code( 319) 291-4445 3469 W AiAt ine H P 0 Box 2520 NAME OF CONTACT PURCHASE ORDER N0. Steve Decken. Water o Iowa 50704-2520 EQUIPMENT (County) (City) (State) COUNTY CODE LESSEE WILL NOT REMOVE THE EQUIPMENT FROM THIS USED A WILL B.Qi Hawk Wa Reba Iam IA013 'LOCATION WITHOUT WRITTEN PERMISSION FROM LESSOR. Rentals are • - in Advance of of Equipment - RENTALTERM RENTAL I5: Hour Dayyy Week MOnth MINIMUM RENTAL ADDITIONAL CHARGES(Specify): Bei ❑ rel ❑ ® GUARANTEED BY LESSEE Dafen 23 Nov 05 Dae: 23 Max 06 $ 3,500.00 Per: u $ $ DESCRIPTION OF ! REFERENCE NO. MODEL DESCRIPTION OF EQUIPMENT PRODUCT IDENTIFICATION NO. Noun METER PRESENT VAW E READING U4488 7700 Motor Gna.den DWIIOCH579441 2224 97,500 TOTAL PRESENT VALUE ► PURCHASER TYPE(check one) MARKET USE(check one) Forestry Mining&Quarrying Underground Non-governmental Agriculture 21 Harvesting 34 Coal Mining 50 Energy Related Pipeline S Small Fleet Qess than 10) P 17 General Utility 24 Log Loading&Handling 31 Metallic Mining 82 Gas/Waler/Bectdc Utilities M Medium Fleet(10-24) 13 Livestock/Feedlot/Dairy 22 Reforestation/She Preparation 36 Stone/Aggregate 43 Sewer and Water Systems L Large Fleet(25-74) 15 Row Cmp/Small Grain 23 Road Building&Maintenance 80 Recycling 81 Telephone Company V Very Large Fleet L75) 16 Specialty Crop 93 Nursery&Landscaping Rental&Lease Companies Dow Peersne.nwneer orsaiiPropenad,off a,, Building Wew<y,�,m 5,wrmn„..,4 84 Landfill/Refuse 8 96 Independent Rental Company 71 Airport Runways and Aprons m conseucean echir v m the custom near 42 Non-residential Material Handling 90 John Deere Dealership/Rental Fleet 94 Golf Courses rowned,kared wrenreo kr3 months orkrtyed 41 Residential 92 Highway Governmental 75 Brick. lay,Glen Prod Road Building g y Mowing 47 Demolition 77 Brick.Clay,Glass 48 Bridge Construction and Maint. 95 Light Duty Maintenance 2 Federal Govt. y' 35 Oil Field 3 CounState/province Earthmoving an=ww/rea'tanel 65 Chemical Plant 49 Hwy&Street Construction and Maint. 40 Non-residential 81 Manufacturing&Intl.Use 51 Hwy/StreeUParking lot Paving 87 Parks 4 C°unty g 74 Railroads 5 Ci ed Forces 39 Residential 58 Sand,Gravel & Hdlg 67 Scrap Handling ty � 12 Lend Improvement 76 Sand,Gravel&Stone 79 Cemeteries 6 Armed Forces 78 Environmental Cleanup 86 Steel Mill Lessor hereby leases to Lessee the equipment identified above("Equipment")for the Lessee shall indemnity Lessor against all loss or damage to the Equipment while it is term and with the rental payments set out above. Rental payments shall be made to out of Lessor's possession.The amount of any such loss or damage will be based on Lessor at the address shown above,subject to the provisions of Paragraph 4 on the the value shown above.Damage to the Equipment,other than a total loss,will not abate reverse side hereof.The Equipment will be transported to and from Lessor's place of or excuse the making of prescribed rental payments.Lessee agrees to use and care for business during the rental term at Lessee's expense. Lessee also agrees to pay any the Equipment in a careful and prudent manner. additional charges noted above upon or before receiving the Equipment from the Lessor. Lessee agrees to pay all operating and maintenance expenses while the Equipment is It is contemplated that the Equipment will be operated for not more than: out of the Lessor's possession,and to make or secure any needed repairs.All repairs NO,OF HOURS IN ANY ONE DAY 110.01'HOURS IN ANY ONE WEEK NO.OF HOURS IN ANY ONE MONTH shall be at Lessee's expense, except to the extent that Lessor performs repairs and obtains compensation for doing so from the manufacturer.To the extent permitted by 60 law,neither Lessor,its assigns,the wholesale distributor or the manufacturer makes any representation or promise as to the quality,performance or freedom from defect of the Lessee agrees to pay additional rental prorated at the applicable daily,weekly or monthly Equipment, and NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS rate for each hour the Equipment is used in excess of such time.The additional rent for MADE.Neither Lessor,its assigns,the wholesale distributor or the manufacturer will be excess hours of use will be paid at the time the Equipment is returned or,if the Equipment liable for any incidental or consequential damages which may result from the use, is leased for more than thirty days,on the first day of the month following such use.If performance or failure of the Equipment.Lessee acknowledges that the Equipment is of an hour meter is furnished,(1)Lessee agrees to keep it connected to the Equipment a siz€, design and capacity selected by Lessee and that Lessee is satisfied that the and in good working condition at all times, and (2) it will be used as the conclusive Equipment is suitable for Lessee's purposes. measure of the number of hours of operation. Lessee will return the Equipment to Lessor in as good condition as received,reasonable If Lessee fails to return the Equipment by the end of the rental term, Lessee will pay wear and tear excepted,by the end of the rental term.If the Equipment is not in such additional rental,prorated at one and one-half times the normal rental,for each day that good condition upon its return to Lessor and Lessor elects to repair it,Lessee will pay the Equipment remains unreturned. for such repairs at Lessor's regular shop rates. Lessee assumes all risks and liability for and agrees to hold Lessor and its assigns Lessor may, at Lessor's option, replace the Equipment with a similar machine at any harmless from all personal injuries and deaths,property damage,suits,claims(including time during the rental term.Lessor will notify Lessee if Lessor intends to exercise this third party claims),losses,expenses,costs,and attorney fees,arising from or in con- option,and Lessee will have three(3)business days following such notice in which to nection with the Lessee's use,possession,entrustment to others,or transportation of exercise the purchase option provided below or return the Equipment to Lessor.Upon the Equipment.Lessee,at Lessee's own expense,will carry general liability insurance return of the Equipment to Lessor,the rental term hereunder shall terminate, and the with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate, parties will enter into a new original Rental Agreement covering the replacement machine. unless areater liability limits are specified below. Such new Rental Agreement shall extend,at a minimum,for the remainder of this Rental PER OCCURRENCE LIMIT AGGREGATE LIMIT Agreement's rental term and have a rental rate no greater than the rate for rental of the Equipment hereunder. Upon or before the end of the rental term, Lessee may elect to purchase the Equipment for the"Total Present Value"specified on this Rental Agreement,and may Lessee agrees to furnish a certificate of insurance to Lessor's satisfaction evidencing apply to such purchase price %of all rentals previously paid.An Lessee's compliance with the foregoing requirement and name the Lessor as an additional election to purchase will be evidenced by execution of a purchase order form supplied insured on the Lessee's general liability policy upon demand by Lessor. by Lessor. LESSEE(Customer)-All new equipment rented hereunder was received with LESSOR(Dealer)-The equipment rented hereunder was set up, inspected Operator's Manuals,and operation and servicing have been explained to me. an new,adjusted according to factory recommendations before delivery. 0 r t n and seryicing ha a been explained to the Lessee. SIGNATURE DATE S RE DATE EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE LESSEE NAME City oA WateODo - Stteet Vepwttment STREET ADDRESS DATE GOVT.BID NUMBER DEALER ACCOUNT NUMBER 1314 Btaek Hawk Stet 01 Nov 05 1943 CITY STATE ZIP CODE LESSOR NAME&ADDRESS wateAtoo Iowa 50703 Murphy TAaetox 9 Equipment TELEPHONE Area Code( 319) 291-4445 3469 W A.iAtine 11W p 0 Box 2520 NAME OF CONTACT PURCHASE ORDER NO. Steve Decker WateAtoo, Iowa 50704-2520 EQUIPMENT B&ck Hawk (City) Wat�o Iowa COUNTY IA013CODE WILL BE 'LESSEE WILL NOT REMOVE THE EQUIPMENT FROM THIS USED AT: LOCATION WITHOUT WRITTEN PERMISSION FROM LESSOR. Rentals are Payable in Advance of Use of Equipment RENTAL TERM RENTAL IS: Hour Da Week Month MINIMUM RENTAL ADDITIONAL CHARGES(Specify): B gin Date: 23 Nov 05 Dae: 23 Max 06 $ 3,500"Q�eril ❑ $UARANTEED BY LESSEE $ DESCRIPTION OF • REFERENCE N0. MODEL DESCRIPTION OF EQUIPMENT PRODUCT IDENTIFICATION NO. HouR Mt H PRESENT VALUE READING U4340 770CH Moxox Gaal DW770CH574696 5117 99,500 TOTAL PRESENT VALUE ► PURCHASER TYPE(check one) MARKET USE(check one) Forestry Mining&Quarrying Underground Non-governmental Agriculture 21 Harvesting 34 Coal Mining 50 Energy Related Pipeline S Small Fleet(less than 10) 17 General Utility 24 Log Loading&Handling 31 Metallic Mining 82 Ga"atw/Electnc Utilaies M Medium Fleet(10-24) 13 Livestocl/ dlot/Dairy, 22 Reforestation/She Preparation 36 Stone/Aggregate 43 Sewer and Water Systems L Large Fleet(25-74) 15 Row Crop/Small Grain 23 Road Building&Maintenance 80 Recycling 81 Telephone Company v Very Large Fleet L75) 16 Specialty Crop 93 Nursery&Landscaping Rental&Lease Companies Rest sre=rw,nel wsdrpmpnleq gn-msd, BuildingOther c.vrucap .m hetes mrnewsto.ne.nneet dentiaoinitl BruGpaQH011e 84 Landfill/Refuse e 96 Independent Rema'Company 71 Airport Runways and Aprons 42 Non-residential (owned,bGover melora mourns wronger) Material Handling 90 John Deere Dealership/Rental Fleet 94 Golf Courses Governmental 41 Residential 75 AsphalVConcrete Prod Road Building 92 Highway Mowing 47 Demolition 9 g Y 9 2 Federal Govt. 77 Brick,Clay,Glass 48 Bridge Construction and Maint 95 Light Duty Maintenance 3 State/Province Earthmoving I:ae p,eyp,wrw"gI 85 Chemical Plant 49 Hwy&Street Construction and Mai 35 Oil Field 4 County 40 Non-residential 61 Manufacturing&Ind.Use 51 Hwy/StreaWarking lot Paving 87 Parks 5 City/Town/Vlllage 39 Residential 56 Port/Steve./Bulk Hdlg 67 Scrap Handling 74 Railroads 6 Armed Forces 12 Land Improvement 76 Send,Gravel&Stone 79 Cemeteries 78 Environmental Cleanup 86 Steel Mill Lessor hereby leases to Lessee the equipment identified above("Equipment")for the Lessee shall indemnify Lessor against all loss or damage to the Equipment while it is term and with the rental payments set out above. Rental payments shall be made to out of Lessor's possession.The amount of any such loss or damage will be based on Lessor at the address shown above,subject to the provisions of Paragraph 4 on the the value shown above.Damage to the Equipment,other than a total loss,will not abate reverse side hereof.The Equipment will be transported to and from Lessor's place of or excuse the making of prescribed rental payments.Lessee agrees to use and care for business during the rental term at Lessee's expense. Lessee also agrees to pay any the Equipment in a careful and prudent manner. additional charges noted above upon or before receiving the Equipment from the Lessor. Lessee agrees to pay all operating and maintenance expenses while the Equipment is It is contemplated that the E ui ment will be o erated for notmore than: out of the Lessor's possession,and to make or secure any needed repairs.All repairs NO.OF HOURS IN ANY ONE DAY NO,OF HOURS IN ANY ONE WEEK NO.OF HOURS IN ANY ONE MONTH shall be at Lessee's expense, except to the extent that Lessor performs repairs and obtains compensation for doing so from the manufacturer.To the extent permitted by 60 law,neither Lessor,its assigns,the wholesale distributor or the manufacturer makes any representation or promise as to the quality,performance or freedom from defect of the Lessee agrees to pay additional rental prorated at the applicable daily,weekly or monthly Equipment, and NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS rate for each hour the Equipment is used in excess of such time.The additional rent for MADE.Neither Lessor,its assigns,the wholesale distributor or the manufacturer will be excess hours of use will be paid at the time the Equipment is returned or,if the Equipment liable for any incidental or consequential damages which may result from the use, is leased for more than thirty days,on the first day of the month following such use.If performance or failure of the Equipment.Lessee acknowledges that the Equipment is of an hour meter is furnished,(1)Lessee agrees to keep it connected to the Equipment a size, design and capacity selected by Lessee and that Lessee is satisfied that the and in good working condition at all times, and (2) it will be used as the conclusive Equipment is suitable for Lessee's purposes. measure of the number of hours of operation. Lessee will return the Equipment to Lessor in as good condition as received,reasonable If Lessee fails to return the Equipment by the end of the rental term, Lessee will pay wear and tear excepted,by the end of the rental term.If the Equipment is not in such additional rental,prorated at one and one-half times the normal rental,for each day that good condition upon its return to Lessor and Lessor elects to repair it,Lessee will pay the Equipment remains unreturned. for such repairs at Lessor's regular shop rates. Lessee assumes all risks and liability for and agrees to hold Lessor and its assigns Lessor may, at Lessor's option, replace the Equipment with a similar machine at any harmless from all personal injuries and deaths,property damage,suits,claims(including time during the rental term. Lessor will notify Lessee if Lessor intends to exercise this third party claims),losses,expenses,costs,and attorney fees,arising from or in con- option,and Lessee will have three(3)business days following such notice in which to nection with the Lessee's use, possession,entrustment to others,or transportation of exercise the purchase option provided below or return the Equipment to Lessor.Upon the Equipment. Lessee,at Lessee's own expense,will carry general liability insurance return of the Equipment to Lessor, the rental term hereunder shall terminate,and the with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate, parties will enter into a new original Rental Agreement covering the replacement machine. unless areater liability limits arespecified below. Such new Rental Agreement shall extend,at a minimum,for the remainder of this Rental PER OCCURRENCE LIMIT AGG�IIMITAgreement's rental term and have a rental rate no greater than the rate for rental of the Equipment hereunder. Upon or before the end of the rental term, Lessee may elect to purchase the Equipment for the"Total Present Value"specified on this Rental Agreement,and may Lessee agrees to furnish a certificate of insurance to Lessor's satisfaction evidencing apply to such purchase price %of all rentals previously paid.An Lessees compliance with the foregoing requirement and flame the Lessor as an additional election to purchase will be evidenced by execution of a purchase order form supplied insured on the Lessee's general liability policy upon demand by Lessor. by Lessor. • III 11IL63 • • • • • • a • LESSEE(Customer)-All new equipment rented hereunder was received with LESSOR(Dealer)-The equipment rented hereunder was set up, inspected Operator's Manuals,and operation and servicing have been explained to me. and, if new, adjusted according to factory recommendations before delivery. O ra n and servicing have been explained to the Lessee. SIGNATURE DATE SIGNATURE DATE EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE LESSEE NAME City oA Waterntao - Stxeet De enc STREET ADDRESS DATE GOVT.BID NUMBER DEALER ACCOUNT NUMBER 1314 B.ta.ck Hawk StAeet 01 Nov 05 7943 CITY STATE ZIP CODE LESSOR NAME&ADDRESS WateAtoo Iowa. 50703 Muhphy TAaeton & Equiplilent TELEPHONE Area Code( 319) 291-4445 3469 W A. Mine Hwy P 0 Box 2520 NAME OF CONTACT PURCHASE ORDER NO. Steve Del Watestoo, Iowa 50704-2520 EQUIPMENT (County) (City) (State) COUNTY CODE 'LESSEE WILL NOT REMOVE THE EQUIPMENT FROM THIS WILL USED AT 8&ck Hawk Watentoo Iowa IA013 LOCATION WITHOUT WRITTEN PERMISSION FROM LESSOR. Rentals - Payable in Advance of - HIEN IAL TEHM RENTALIS: Hour Da Week Month MINIMUM REMAL ADDITIONAL CHARGES(Specify): Begin End GUAPANrEEO BY LESSEE Date: 15 Nov 05 Date: $ Per:❑ ❑ $ $ DESCRIPTION OF • REFERENCE NO. MODEL DESCRIPTION OF EQUIPMENT PRODUCT IDENTIFICATION NO. HoREAOuR MEINcTER PRESENT VALUE 04160 170CH Motor Gxa.den DW770CH573765 4976 89,500 TOTAL PRESENT VALUE ► PURCHASER TYPE(check one) MARKET USE(check one) Forestry Mining&Quarrying Underground Non-governmental Agriculture 21 Harvesting 34 Coal Mining 50 Energy Related Pipeline S Small Fleet(less than 10) 17 General Utility 24 Log Loading 8.Handling 31 Metallic Mining 82 Gas/Water/Electric Utilities M Medium Fleet(10-24) 13 Livestock/Feedlot/Dairy 22 Reforestation/Site Preparation 36 Stone/Aggregate 43 Sewer and Water Systems L Large Fleet(25-74) 15 Row Crop/Small Grain 23 Road Building&Maintenance 80 Recycling 81 Telephone Company V Very Large Fleet(�75) 16 Specialty Crop 93 Nursery&Landscaping Rental&Lease Companies Other Fre size=nvmni5w&se0pmpe ,,off-road, Building lm .irwmmwpmncwdl 84 Landfill/Refuse e 96 Independent Rental Company 71 Airport Runways and Aprons dombuction mammas in the cvaromers firer 42 Non-residential (owned,reesad orrenred for3monms ar brpe7 Material Handling 90 John Deere Dealership/Rental Fleet 94 Golf Courses 41 Residential Governmental 75 Asphalt/Concrete Fred Road Building 92 Highway Mowing on 47 Demoliti 2 Federal Govt. 77 Brick,Clay,Glass 48 Bridge Construction and Maint. 95 Light Duty Maintenance 3 State/Province Earthmoving wre v,.P,Wf vndl 85 Chemical Plant 49 Hwy&Street Constmction and Maint. 35 Oil Field 4 County 40 Non-residential 61 Manufacturing&Ind.Use 51 Hwy/Street/Parking lot Paving 87 Parks 5 City/TOwrWillage 39 Residential 56 PorVSteveJBulk HdIg 67 Scrap Handling 74 Railroads 6 Armed Forces 12 Land Improvement 76 Sand,Gravel&Stone 79 Cemeteries 78 Environmental Cleanup 86 Steel Mill Lessor hereby leases to Lessee the equipment identified above("Equipment")for the Lessee shall indemnify Lessor against all loss or damage to the Equipment while it is term and with the rental payments set out above. Rental payments shall be made to out of Lessor's possession.The amount of any such loss or damage will be based on Lessor at the address shown above,subject to the provisions of Paragraph 4 on the the value shown above.Damage to the Equipment,other than a total loss,will not abate reverse side hereof.The Equipment will be transported to and from Lessor's place of or excuse the making of prescribed rental payments.Lessee agrees to use and care for business during the rental term at Lessee's expense. Lessee also agrees to pay any the Equipment in a careful and prudent manner. additional charges noted above upon or before receiving the Equipment from the Lessor. Lessee agrees to pay all operating and maintenance expenses while the Equipment is It is contem lated that the Equipment will be o rated for not more than: out of the Lessor's possession,and to make or secure any needed repairs.All repairs N0.OF HOURS IN ANY ONE DAY NO.OF HOURS IN ANY ONE WEEK INC.OF HOURS IN ANYONE MOMH shall be at Lessee's expense, except to the extent that Lessor performs repairs and obtains compensation for doing so from the manufacturer.To the extent permitted by 60 law,neither Lessor,its assigns,the wholesale distributor or the manufacturer makes any representation or promise as to the quality,performance or freedom from defect of the Lessee agrees to pay additional rental prorated at the applicable daily,weekly or monthly Equipment, and NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS IS rate for each hour the Equipment is used in excess of such time.The additional rent for MADE.Neither Lessor,its assigns,the wholesale distributor or the manufacturer will be excess hours of use will be paid at the time the Equipment is returned or,if the Equipment liable for any incidental or consequential damages which may result from the use, is leased for more than thirty days,on the first day of the month following such use.If performance or failure of the Equipment.Lessee acknowledges that the Equipment is of an hour meter is furnished, (1) Lessee agrees to keep it connected to the Equipment a size, design and capacity selected by Lessee and that Lessee is satisfied that the and in good working condition at all times, and (2)it will be used as the conclusive Equipment is suitable for Lessee's purposes. measure of the number of hours of operation. Lessee will return the Equipment to Lessor in as good condition as received,reasonable If Lessee falls to return the Equipment by the end of the rental term, Lessee will pay wear and tear excepted,by the end of the rental term.If the Equipment is not in such additional rental,prorated at one and one-half times the normal rental,for each day that good condition upon its return to Lessor and Lessor elects to repair it,Lessee will pay the Equipment remains unreturned. for such repairs at Lessor's regular shop rates. Lessee assumes all risks and liability for and agrees to hold Lessor and its assigns Lessor may,at Lessor's option, replace the Equipment with a similar machine at any harmless from all personal injuries and deaths,property damage,suits,claims(including time during the rental term.Lessor will notify Lessee if Lessor intends to exercise this third party claims),losses,expenses,costs,and attorney fees,arising from or in con- option,and Lessee will have three(3)business days following such notice in which to nection with the Lessee's use,possession,entrustment to others,or transportation of exercise the purchase option provided below or return the Equipment to Lessor.Upon the Equipment. Lessee,at Lessee's own expense,will carry general liability insurance return of the Equipment to Lessor, the rental term hereunder shall terminate,and the with limits of liability not less than$1,000,000 per occurrence and$1,000,000 aggregate, parties will enter into a new original Rental Agreement covering the replacement machine. unless areater liability limits arespecified below. Such new Rental Agreement shall extend,at a minimum,for the remainder of this Rental PER OCCURRENCE LIMIT AGGREGATE LIMIT Agreement's rental term and have a rental rate no greater than the rate for rental of the Equipment hereunder. Upon or before the end of the rental term, Lessee may elect to purchase the Equipment for the"Total Present Value"specified on this Rental Agreement,and may Lessee agrees to furnish a certificate of insurance to Lessor's satisfaction evidencing apply to such purchase price %of all rentals previously paid.An Lessee's compliance with the foregoing requirement and name the Lessor as an additional election to purchase will be evidenced by execution of a purchase order form supplied insured on the Lessee's general liability policy upon demand by Lessor. by Lessor. 1111MI1111110 1011111910 M*141111111ji atil Oki of=1:1 LESSEE(Customer)-All new equipment rented hereunder was received with LESSO (Dealer) -The equipment rented hereunder was set up, inspected Operator's Manuals,and operation and servicing have been explained to me. and, ne I,adjusted according to factory recommendations before delivery. C� V Op ation kind servicing have tyen explained to the Lessee. SIGNATURE DATE SIGN R' DATE