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HomeMy WebLinkAboutMurphy Tractor & Equipment-Equipment Rental Equipment-10.02.2006 _ .. • EQUIPMENT RENTAL AGREEMENT _ nFOROFFICEUSE , LESSEE NAME ` /o,�,/�/vp�s City oi, WakvtJoo - Sbt2P.L V Q i . » L%r!- i' -. 2O -O b i STREET ADDRESS DATE GOVT.BID NUMBER DEALER ACCOUNT NUMBER 1314 Stack Hawk StAzet 15 itt;otuim 7943 CITY STATE ZIP CODE LESSOR NAME&ADDRESS tL tLoo 1 tom. _•;:,If� ..t.e.tc;/: ;i=.aXd:-:..t)3t I E((Lid.p;re;:fZt TELEPHONE Area Code( 319j 291-4445 3469 M A.in l Lrw tlinfi P a ^X 2520 NAME OF CONTACT PURCHASE ORDER NO. I EQUIPMENT (County) (City) (State) COUNTY CODE 'LESSEE WILL NOT REMOVE THE EQUIPMENT FROM THIS WILL USED T tack >Harrllz g ooLA ? f`'- - LOCATION WITHOUT WRITTEN PERMISSION FROM LESSOR. Rentals are Payable in Advance of Use of Equipment RENTAL TERM RENTAL IS: Hour Day Week Month MINIMUM RENTAL ADDITIONAL CHARGES(Specify): Begin End ( I GUARANTEED BY LESSEE Date: Date: $�s 500.00 Per: I € $ $ DESCRIPTION OF RENTAL EQUIPMENT REFERENCE NO. MODEL DESCRIPTION OF EQUIPMENT PRODUCT IDENTIFICATION NO. HOREADINUR METERG PRESENT VALUE 1434 0 7;ri.r-.,: .;-Alit. thct.tirth De11100157469b ui,gC)` 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 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 Lg5) — 16 Specialty Crop — 93 Nursery&Landscaping Rental&Lease Companies Other Fleet Size=number of self propelled,off-road, Building(above groundstruclpadrfound) — 84 Landfill/Refuse — 96 Independent Rental Company construction machines in the customer's fleet — 42 Non-residential Pal — 714 AirportfCoursesRunways and Aprons (owned,leased or meted fora months or longer) — 41 Residential — Material Handling — 90 John Deere Dealership/Rental Fleet 94 Golf Governmental — 47 Demolition — 75 Brick, ete Prod — Road Building — 92 Highway Mowing 2 Federal Govt. Earthmovingto — 77 Brick,Clay,Glass — 48 Bridge Construction and Maint. — 95 Light Duty Maintenance — 3 State/Province — (s' preWpadnounal — 85 Chemical Plant _ 49 Hwy&Street Construction and Maint. — 35 Oil Field — 4 County — 40 Non-residential — 61 Manufacturing&Ind.Use — 51 Hwy/Street/Parking lot Paving — 87 Parks — 5 City/Town/Village — 39 Residential — 56 Port/Steve./Bulk Hdlg — 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 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 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 i 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 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. THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT ON THE REVERSE SIDE HEREOF. 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. "r s Operation and servicing have been explained to the Lessee. �p r r / 1 SIGNATURE DATE SIGNATURE DATE DF-2119 Stock(5/05)Printed in U.S.A. CUSTOMER COPY - -- _EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE LESSEE NAME „.ce ,,- 1 L caw of We ,ltLoo - S:trteex fept tet !1 )r � 4 C (- STREET ADDRESS DATE GOVT.BID NUMBER DEALER ACCOUNT NUMBER ' 1314 Sack Hawk Street 15 tVou 06 CITY STATE ZIP CODE LESSOR NAME&ADDRESS itlateiteoo Iowa. 50103 .4Lap#ty Txaton I, t qu.4 f :s .rv%. TELEPHONE Area Code( 31`� 291-4445 3469 id AaA.t'.ine floc! P 0 Sox 2520 NAME OF CONTACT (PURCHASE ORDER NO. EQUIPMENT (County) (City) (State) COUNTY CODE LESSEENOT REMOVE THE EQUIPMENT FROM WILL BE USED AT: t.ta k Hawk Wa t evt i4oti /LOCATIONILL WITOUT WRITTEN PERMISSION FROM LEHSSOR. Rentals are Payable in Advance of Use of Equipment RENTAL TERM RENTAL IS: Hour Day Week Month MINIMUM RENTAL ADDITIONAL CHARGES(Specify): Bete:gin =avO6 End 15Man07 $3,500.00 Per:I I I I I1 GUARANTEED BY LESSEE $ DESCRIPTION OF RENTAL EQUIPMENT REFERENCE NO. MODEL DESCRIPTION OF EQUIPMENT PRODUCT IDENTIFICATION NO. H UR MEG R PRESENT VALUE 4998 772CH Moto& th deft { �i772�1ii5b4153 9682 97,322 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 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 Fleet Size=number of self propelled,off-road, — Building(above ground swcipadnounot — 84 Landfill/Refuse — 96 IndependentRental construction machines in the customers fleet _ 42 Non-residential Company — 71 AirportfCoursesRunways and Aprons (owned,leased w rented for 3 months or longer) — 41 Residential — Material Handling — 90 John Deere Dealership/Rental Fleet _ 94 Golf Governmental — 47 Demolition — 75 AsphBrick, Glass Prod — Road Building _ 92 Highway Mowing 2 Federal Govt. _ 77 Brick,Clay,Glass — 48 Bridge Construction and Maint. — 95 Light Duty Maintenance — 3 State/Province — Earthmoving lsae prepfpd/round) _ 85 Chemical Plant 49 Hwy&Street Construction and Maint. 35 Oil Field - 4 County — 40 Non-residential — 61 Manufacturing&Ind.Use — 51 Hwy/Street/Parking lot Paving _ 87 Parks 5 City/TownNillage — 39 Residential — 56 Port/Steve./Bulk Hdlg — 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 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 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 I 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, 1I 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 greater 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. THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT ON THE REVERSE SIDE HEREOF. 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. �.-,- , E �` Operation and servicing have been explained to the Lessee. SIGNATURE DATE SIGNATURE }DATE DF-2119 Stock(5/05)Printed in U.S.A. CUSTOMER COPY EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE LESSEE NAME CA,ty GA Wa tv Loo - S# .eet V epat mt t STREET ADDRESS DATE GOVT.BID NUMBER DEALER ACCOUNT NUMBER . .14 'Mack. Hawk S.:n ee t 15 Nov 06 CITY STATE ZIP CODE LESSOR NAME&ADDRESS Elates oo total. 50103 Au.aptiry Matta/L. £ EquA.en.t TELEPHONE Area Code( 319) 791-4445 t, 3469 W A-i)LUne Hwy P 0 Box 2520 NAME OF CONTACT PURCHASE ORDER NO. Iowa 50704-252C ... EQUIPMENT � (County) (City) (State) COUNTY CODE WILL BE USED AT Stack u ck Hal& W ate Zoo LESSEE WILL NOT REMOVE THE EQUIPMENT FROM THIS 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): Begin End 15M •i $ ',ft Per: I r [ I I I $UARANTEEDBYLESSEE Date: Date: n $ DESCRIPTION OF RENTAL EQUIPMENT REFERENCE NO. MODEL DESCRIPTION OF EQUIPMENT PRODUCT IDENTIFICATION NO. HOREADING R PRESENT VALUE ,i4S43 MOto't Gitade'I. 4411201518141 117,500 , 17361 at 317749 .d ca1Lt_Ad e t i1,069 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 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 Fleet size=number or self propelled,off-road, Building(above ground swriPaana,ndl — 84 Landfill/Refuse — 96 Independent Rental Company construction machines in the customer's fleet — 42 Non-residential p e Y — 71 AirportfCoursesRunways and Aprons (owned,leased or rented for 3months or longer) — 41 Residential — Material Handling — 90 John Deere Dealership/Rental Fleet 94 Golf Governmental — 47 Demolition — 75 AsphBrick, Glass Prod _ Road Building — 92 Highway Mowing 2 Federal Govt. Earthmovin o prep/pad/found) 77 Brick,Clay,Glass — 48 Bridge Construction and Maint. — 95 Light Duty Maintenance — 3 State/Province — g Is' — 85 Chemical Plant — 49 Hwy&Street Construction and Maint. _ 35 Oil Field — 4 County — 40 Non-residential — 61 Manufacturing&Ind.Use — 51 Hwy/Street/Parking lot Paving — 87 Parks — 5 City/TownNillage — 39 Residential — 56 Port/Steve./Bulk Hdlg — 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 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 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 greater 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 purchaseprice % of all Lessee's compliance with the foregoing requirement and name the Lessor as an additionalrentals previously paid.An election to purchase will be evidenced dented byexecution of apurchase order form o m supplied insured on the Lessee'sgeneral liabilityPP policy upon demand by Lessor. by Lessor. THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT ON THE REVERSE SIDE HEREOF. 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 explatied tome. and, if new,adjusted according to factory recommendations before delivery. � ,: . ,, / Operation and servicing have been explained to the Lessee. ¢ f/F` f f/i 's SIGNATURE A E t SIGNATURE DATE I / DF-2119 Stock(5/05)Printed i U.S.A..A. CUSTOMER COPY 'A• _ EQUIPMENT RENTAL AGREEMENT FOR OFFICE USE LESSEE NAME eit4 o f Watextoo - S.triee;. Vepaxtment STREET ADDRESS DATE GOVT.BID NUMBER DEALER ACCOUNT NUMBER 1 314 61.aek Haw S-JLZQ 15 Nov 06 7943 CITY STATE ZIP CODE LESSOR NAME&ADDRESS ljJate.U.00 Iowa. 50703 TELEPHONE '� h T/y�ac.' Q?� qu.ten Area Code( 319j 291-4445 ,g 1 k 1r..i4'ine 1leiq P 0 Box 2520 NAME OF CONTACT `PURCHASE ORDER NO. STAtu G Vecke(. 50704-2520 EQUIPMENT (County) (City) (State) COUNTY CODE WILL BE ALL NOT REMOVE THE EQUIPMENT FROM THIS USED AT: 'to{' ''Hawk `f,!-' firm LOCATION LESSEE IWITHOUT WRITTEN PERMISSION FROM LESSOR. Rentals are Payable in Advance of Use of Equipment RENTAL TERM RENTAL IS: Hour Day Week Month MINIMUM RENTAL ADDITIONAL CHARGES(Specify): Begin End 3Sl)(},OO per! I I GUARANTEED BY LESSEE $ ,Date: Date: '1 $ DESCRIPTION OF RENTAL EQUIPMENT REFERENCE NO. MODEL DESCRIPTION OF EQUIPMENT PRODUCT IDENTIFICATION NO. HOUR METER PRESENT VALUE READING 51 j.-: 77OC = Mo ir. G1L 4 t W7 U Hy4US99 10Z,00 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 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 Fleet Size=nuwber or self propelled,on-wad, Building(above ground nn,aPadn — Independent— 84Landfill/Refuse 96 Inde endentRental Company construction machines in the customer's fleet — 71 Airport Runways and Aprons - 42 Non-residential (owned,leased or rented for 3 months or longer) _ Material Handling — 90 John Deere Dealership/Rental Fleet — 94 Golf Courses Governmental — 41 Residential — 75 Asphalt/Concrete Prod _ Road Building — 92 Highway Mowing - 47 Demolition 2 Federal Govt. — 77 Brick,Clay,Glass — 48 Bridge Construction and Maint. — 95 Light Duty Maintenance 3 State/Province — Earthmoving(Ste prep/pad/found) — 85 Chemical Plant _ 49 Hwy&Street Construction and Maint. 35 Oil Field I — 4 County — 40 Non-residential — 61 Manufacturing&Ind.Use — 51 Hwy/Street/Parking lot Paving — 87 Parks I — 5 City/TownNillage — 39 Residential _ 56 Port/Steve./Bulk Hdlg — 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 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 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. I 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 greater 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. THIS RENTAL AGREEMENT IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET OUT ON THE REVERSE SIDE HEREOF. 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. 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