HomeMy WebLinkAbout03337 ORD - 10/21/19529537
AN ORDINANCE
AUTHORIZING AND DIRECTING THE CITY MANAGER FOR AND ON BEHALF
OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE LEASE PURCHASE
AGREEMENTS WITH JESS MCNEEL MACHINERY CORPORATION AS FOLLOWS:
ONE, COHERING ONE (1) INTERNATIONAL TD14A DIESEL CRAWLER TRACTOR
TDF33874 EQUIPED WITH PULLMAN - STANDARD HYDRAULIC ANGLE DOZER
PlOn X336 WITH ACCESSORIES FOR THE USE OF THE STREET DIVISION
FOR AND IN CONSIDERATION OF 12,743.25, OF WHICH SUM $2,673.25
(COMPOSED Of $573.25 CASH AND $2100 TRADE -IN VALUE ON TD9#M6037
EQUIPMENT #413) 13 THE INITIAL PAYMENT, $570 OF WHICH IS FOUR
PER CENT INTEREST ON THE DIMINISHING BALANCE, AND $9,500 IS'THE
REMAINDER THEREOF, SUCH AMOUNT TO BE PAID FROM NO. 168 5TREETT
FUND (STREET DIVISION), THE OTHER, COVERING ONE INTERNATIONAL TD18A
DIESEL TRAC TRACTOR, TDR28681, BUCYRUS -ERIE CABLE ANGLE DOZER #96821
AND P -25 POWER CONTROL UNIT P25 -96211 WITH ACCESSORIES, FOR THE USE
OF THE GARBAGE DIVISION, FOR AND IN CONSIDERATION OF $16,777.72, OF
WHICH SUM $21000 (TRADE -IN VALUE ON #702AC HD LOW 9397 DOZER 172,
CONTROL C 7922) IS THE INITIAL PAYMENT, $836.47 OF WHICH IS FOUR
'PER CENT INTEREST ON THE DIMINISHING BALANCE, AND $13,941.26 IS
THE REMAINDER THEREOF, SUCH AMOUNT TO BE PAID FROM NO. 102 CURRENT
FUND, ALL IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SUCH CON-
TRACTS OF AGREEMENT, COPIES OF WHICH ARE ATTACHED HERETO AND MADE
A PART HEREOF; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION I. THAT THE CITY MANAGER BE, AND HE IS HEREBY, AUTHORIZED AND
DIRECTED FOR AND ON BEHALF OF THE CITY JOF CORPUS CHRISTI, TEXAS, TO EXECUTE A
LEASE PURCHASE CONTRACT WITH JESS MCNEEL MACHINERY iC�ORPORATION COVERING ONE
INTERNATIONAL TD14A DIESEL CRAWLER TRACTOR TDF 33874 €ouvirprA WITH PULLMAN—
STANDARD HYDRAULIC ANGLE DOZER P 1022 -D -336, WITH ACCESSORIES, FOR THE USE
OF THE STREET DIVISION, FOR AND IN CONSIDERATION OF $12,743.25, OF WHICH SUM
$2,673.25 (COMPOSED OF $573.25 CASH AND $2100 TRADE —IN VALUE ON TD9 #M6037 -
EQUIPMENT NO. 413), $57o •.F WHICH IS 4� INTEREST ON THE DIMISHING BALANCE, AND
$9,500 IS THE REMAINDER THEREOF, SUCH AMOUNT TO BE PAID OUT OF N0: 108 STREET
FUND, IN ACCORDANCE ,WITH SUCH CONTRACT OF AGREEMENT, A COPY OF WHICH IS ATTACH-
ED HERETO AND MADE A PART HEREOF.
SECTION 2. THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED AND
DIRECTED FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE A
LEASE PURCHASE CONTRACT WITH JESS MCNEEL MACHINERY CORPORATION COVERING ONE
LEASE PURCHASE CONTRACT FOR ONE INTERNATIONAL TD18A DIESEL TRACTOR, TDR28681
BUCYRUS —ERIE CABLE ANGLE DOZER #96821 AND P-25 POWER CONTROL UNIT P25- 96211,
WITH ACCESSORIES FOR THE USE OF THE GARBAGE DIVISION, FOR AND IN CONSIDERATION
OF $16,777.72, OF WHICH SUM $2,000 (TRADE —IN VALUE ON #702 AC HD LOW 9397 DOZER
172, CONTROL C7922) IS THE INITIAL PAYMENT, $886.47 IS 4% INTEREST ON THE DIMISH-
ING BALANCE, AND $13,941.26 IS THE REMAINDER THEREOF, SUCH AMOUNT TO BE PAID OUT
OF N0. 102 CURRENT FUND IN ACCORDANCE WITH SUCH CONTRACT OF AGREEMENT, A COPY
,. „a,.... OF WHICH IS ATTACHED HERETO AND )CATrEft PART HEREOF.'
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SECTION 3. THAT THE NECESSITY OF PROVIDING FOR THE AFORESAID
EQUIPMENT FOR USE IN SAID CITY DEPARTMENTS TO THE BENEFIT OF THE HEALTH,
SAFETY, AND GENERAL WELFARE OF THE PUBLIC, BY ENTERING INTO THE AFORESAID
CONTRACTS IMMEDIATELY CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC
NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE
OR RESOLUTION SHALL BE PASSED AND APPROVED FINALLY ON THE DATE OF ITS IN-
TRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, DECLARING SUCH.EMERGENCY
AND NECES5ITY TO EXIST, HAVING REQUESTED THE SUSPENSION OF SAID CHARTER RULE
AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION
AND THAT IT TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS
PASSAGE, IT IS ACCORDINGLY PASSED AND APPROVED, THIS THE CZ /04-DAY OF OCTOBER,
A.D. 1952.
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
TTEST:
CITY SECRETARY
APPROVED AS TO GAL FORM:
.le' '
CITY ATTOR EY
D
Corpus Christi, Texas
.2/ 191E
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
Gentlemen:
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule of requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
hereby request that you suspend said Charter rule or requirement and pass this
ordinance finally on the date it is introduced, or at the present meeting of
the City Council,
Respectfully,
q
MAYOR
City of Corpus Christi, Texas
The Charter rule was suspended by
the following vote:
Leslie Wasserman
c� •c.
Jack DeForrest .
Sydney E. Herndon
George L. Lowman
.�
Frank E. Williamson
The above ordinance was passed by the following vote:
Leslie Wasserman
Jack DeForrest
c� •c.
Sydney E. Herndon_
George L. Lowman_
Frank E. Williamson
L;
STATE OF TEAS
COUNTY OF NUECES
This LEASE ACREEAM made and entered into between the CITY Ok' CORPUS
CHRISTI, a municipal corporation of Nueces County, Texas, hereinafter called the
CITY and Jose NOW1 NeablaN27 COMPOSWUM
hereinafter called LESSOR,
W I T N E S S E T H a
LESSOR has leased, demised and rented, and by these presents does lease,
demise and rent to CITY for the period from the 7 day of Ostober , A.D.
1952 to the 25 day of Wes' s A.D. 190 both date inclusive, the following
8n4ipmeaitt , .
ilk Znternatioca TDUA Diesel anw2mr Treo Tractor wltb 28* clipped Owner shoe.;
steering booeteri erawl rase gowdi elsetrla startea and llghtsi se 00 usteri
a v an Sdim, traak rollere and zywoWmtf equipped with FW3MM*4tendard $*auliS
engls d"w.
Trastsr /Trig 33574
Deser 04022-D-336
It is distinctly end^ specifically understood that the equipment herein
leased and rented by CITY from LESSOR shall be used exclusive* in the service of
CITY.
II.
In consideration for the lease and rental of said equipment, CITI promises
to pay LESSOR and LESSOR agrees to accept from CITY the following rentals on or be-
fore the dates specified belows
Trade-in TD9 fA Dadjl(knip. #W) 2W.00 "
pplus cash 3.25 lv Znt» t45 .M9_, # hW 25
CH when 407, of above equipment 8
delivered to CITY
Osteber 35 1953
October 3$ , �q54 # 4050.00 -
It is agreed by LESSOR and CITY that such rentals shall be paid from the
current revenues of CITY for the years in which such paymento fal.1 due*
0
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III.
It is recognized that some of the equipment will be delivered.by
LESSOR to CITY upon the effective date of this lease, while some of the equip-
ment may not be delivered on such date, but LESSOR agrees and binds itself that
as to that portion of the equipment not immediately delivered to CITY that it
will forthwith order such equipment from the manufacturer and that such will be
sent to LESSOR earmarked for the CITY OF CORPUS,CHRISTI and delivery will be
made immediately to CITY upon receipt thereof, in this connection, it is esti-
mated that total delivery hereunder can be effected within 4 days
after the execution of this agreement.
With reference to the above equipment that is delivered upon the
effective date of this agreement, the CITY accepts such equipment in the condi-
tion in which it is now in, and LESSOR shall not be obligated or required to make
any improvements, replacements or repairs of any kind or character upon or to
said equipment or any of it during the term of this lease.
With reference to the equipment which will be delivered after the
effective date-of this agreement, lti is agreed by and between the parties here-
to that the CITY will have a reasonable time after the delivery of such equip-
ment to determine whether to acceptor reject same. LESSOR shall not be obli-
gated to incur or pay aiy expense of any kind or character during the entire
term of this lease reason of or in connection with the u
by purpose for which said
equipment was designed. CITY agrees (1) to take the same care of said equipment
as a reasonably careful person would take care of his own property, and (2) to
keep said equipment in good repair and condition during the entire term of this
lease,.subjeet only to normal wear and tear, by reason of its use by CITY for the
purpose for which said equipment was designed. CITY further agrees (3) that if
any of said equipment is lost, taken or destroyed by fire, theft, windstorm, public
disaster, act of Gad, or•ariy casualty or cause whatsoever, there shall be no abate-
ment of the rent provided for herein and (4) that CITY'shall promptly and at its
expense replace any of said equipment which is so taken, lost'or destroyed, and
(5) if a registration of license fee is required by the State'of Texas then the
CITY shall be liable for the payment of such fee and in the event such a registra-
tion or license fee is paid by the LESSOR, then the CITY shall reimburse the LESSOR
for any and all amounts paid as such license or registration fee by the LESSOR, and
(6) at the time the CITY exercises its option to purchase, as provided for herein,
-2-
CITY agrees and obligates itself to execute all necessary and proper exemption
certificates on all Federal excise taxes paid by LESSOR and if within QO
days after the purchase by the CITY of the equipment herein leased and rented
by CITY from LESSOR, LESSOR has not been refunded by the Federal government said
Federal excise taxes, CITY binds and obligates itself to pay to LESSOR the full
amount of said Federal excise taxes, provided, however, that if after CITY has
paid to the LESSOR the amount of said excise taxes, such taxes be refunded to
LESSOR, then LESSOR binds and obligates itself to pay to CITY the amount of said
Federal excise taxes so refunded by the Federal government to LESSOR and thereto-
fore paid by the CITY to LESSOR, CITY (7) still further agrees to indemnify, hold
and save LESSOR harmless from any civil or criminal suit or liability whatsoever,
arising out of or in connection with the use or possession of said equipment by
CITY under this lease and for the entire term thereof.
' IV.
CITY shall have the right and option to purchase said equipment from
MEL
LESSOR upon or before the expiration date of this lease, if CITY is not in default
in any of its obligations under this lease. This option may be exercised by CITY'S
giving notice in writing to LESSOR not less than thirty (30) days prior to said
date of its intention to exercise said option, and by its payment to LESSOR in cash
of the sum of 4,350.00 on or before the expiration date of this
lease. There shall be deducted, however, from such purchase price the total amount
of all rentals paid by CITY to LESSOR for the rent of said equipment as provided
herein. The option payment for the purchase of and acquisition of title to said
equipment as so computed is $_ 22,74345 and the total consideration of
the rental and subsequent purchase by option of said equipment is the principal
sum of 32s1?3.P5 , plus interest on the deferred payments subsequent
to the date of this instrument at the rate of 4% percent per annum from
that date until paid. Upon exercise of the option and payment of the purchase price
upon the terms and within the time aforesaid, LESSOR agrees promptly to execute and
deliver to CITY such instruments or evidences of title to said equipment as may be
necessary or proper to vest good title thereto in CITY.
v.
Default on the part of CITY in paying said rent or any installment thereof,
as hereinabove provided, or default on CITY'S part In keeping or performing any of
" the terms, covenants, agreements or conditions contained in this lease shall authorize
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LESSOR,' at its option and at any time after such default, and after.thirty (30)
days' written notice to CITY, to declare this lease terminated and to repossess
said leased equipment with or without legal process, and without prejudice to
any of its other legal rights, and any rentals provided for hereunder and unpaid
at the time of such default shall become, at LESSOR'S option, immediately due
and payable and shall bear interest from such date until paid at the rate of h
percent per annum. In case CITY makes default in the performance of any of the
terms, covenants, agreements or conditions contained in this lease, and LESSOR
places the enforcement of this lease, or any part thereof, or the collection of
any rent due or to become due hereunder or the recovery of possession of said
equipment or any of it in the hands of an attorney, or files suit upon same,
CITY agrees to pay LESSOR, in addition to the rental payments provided for here-
in, a reasonable attorney's fee.
VI.
It is understood and agreed by and between the parties hereto as follows:
1. All payments of rentals, or any other payments hereunder shall be
made by CITY to the account of LESSOR, or its order, in
Bank, Corpus Christi, Texas.
2. This lease cannot be changed, varied or extended except by instru-
ment in writing signed by LESSOR and CITY, and failure to exercise the option of
forfeiting this lease in case of default,on the part of CITY shall not waive the
right of forfeiture, and any right accruing to LESSOR under this lease to forfeit
same shall not be waived or defaulted except by written waiver of LESSOR, and accep-
tance of rent shall not be construed as such waiver.
3. A holding over after the termination of this lease shall not renew
or extend the same, but shall constitute CITY a tenant or possessor of said equip-
ment at sufferance.
OII.
LESSOR covenants and agrees (1) that CITY, on paying the said rent and
performing the said covenants contained herein in the manner and within the times
herein provided, shall and may peaceable and quietly have, hold and enjoy possession
and use of said leased equipment for the term aforesaid, and (2) that it will defend
CITY in peaceable possession of said leased equipment for the full term of this
lease, CITY covenants and agrees not to suffer, commit or permit any waste of or
damage to the leased equipment or any of it during the entire term of this lease.
- !4 -
The apparatus delivered to the CITY by LESSOR is warranted and guaranteed
and represented to be in fit, sound and workmanlike condition and to conform in all
respects to the manufactureros guarantee given to LESSOR.
VIII,
It is understood and agreed by and between the parties hereto that in
the event- the CITY at any time should exercise its option to purchase the equipment
specified herein, the CITY shall have no right to purchase only a part of said
equipment but the CITY shall be 'required and obligated to exercise its option
rights provided in this agreement on the whole of said equipment.
31e
In this agreement inhere pit" is used, „hell shall apply in the proper
ihdtance.
IN TESTIMONY WHEREOF', the CITY OF CORPUS CHRISTI has caused this lease
agreement to be signed by its City Manager, countersigned by'its City.Con toiler
and attested by its City Secretary, with its corporate seal affixed thereto, pur-
suant to tihe terms of an ordinance passed by the City Council, and LESSOR has
W
caused this agreement to be executed this day of , A.D. 19_.
Attests
City Secretary
CITY OF CORPUS CHRISTI, TEXAS
By City Manager
Countersigneess
City Controller
LSSSCH
Approved:
Assxa ant City Attorney
r
STATE OF TEXAS
COUNTY OF NUECES
This LEASE AOREENENT made and entered into between the CITY OF CORPUS
CHRISTI, a municipal corporation of Nueces County; Texas, hereinafter called the
CITY and M%j4i4..-w�
hereinafter called IFSSORj,
W I T N 3 8 8 E T H s
I. •
LESSOR has leased, demised and rented, and by these presents does lease,
demise and rent to CITY for the period from the let day of Qstobar , A.D.
195_,2 to thel5tA dip of Qeteiee A.D. 1954 , both date inclusive, the following
equiPmKats On (1) QBV 1- ternatioaa1 TD18A Diesel Tma Traatar ao plete with,
200 allffed aosams' Moee, steuln booster; aterter and Ugbtea aww1ce mater,
arnk a=* ;oarde, wiser, Pre -eir elesner, idtee, trai* avl]er s ggvalut gaarde,
l:vat paU books l-p goarby and BuW- -Mrie CaMe AMU Doses and
F-25 rvwa Qantsnl =it — dpoble &o•.
Tractor Serial MM 28681
Dozer• See'4 M21
Daatrol mitt Serial ® P25- X96211
It is distinctly 4nd specifically understoo6that the equipment herein
leaded and rented by CITY from LESSOR shall be used exclusively in the service of
CITY.
II.
In consideration for the lease and rental of said equipment, CITY promisee
to 'pay LESSOR and LESSOR agrees to accept from CITY the following rentals on or be-
fore the dates specified belcwt
Date AmoUhht
Tradvdn value 0702 AG M ]fit /9397 DcnW /172,,
when above eq men a
delivered to CITY
Oetshar 15 s 19� &270,ft
It is agreed by LESSOR and CITY that such rentals shall be paid from the `
current revenues of CITY for the years in which such payments fall, due*
f
It is recognized that some of the equipment will be delivered by
LESSOR to CITY upon the effective date of this lease, while some of the equip-
ment may not be delivered on such date, but LESSOR agrees and binds itself that
as to that portion of the equipment not immediately delivered to CITY that it
will forthwith order such equipment from the manufacturer and that such will be
sent to LESSOR earmarked for the CITY OF CORPUS CHRISTI and delivery will be
made immediately to CITY upon receipt thereof; in this connection, it is esti-
mated that total delivery hereunder can be effected within 0 days
after the execution of this agreement.
With reference to the above equipment that is delivered upon the
effective date of this agreement, the CITY accepts such equipment in the condi-
tion in which it is now in, and LESSOR shall not be obligated or required to make
any improvements, replacements or repairs of any kind or character upon or to
said equipment or any of it during the term of this lease.
With reference to the equipment which will be delivered after the
effective date of this agreement, it is agreed by and between the parties here-
to that the CITY will have a reasonable time after the delivery of such equip-
ment to determine whether to accept or reject same. LESSOR shall not be obli-
gated to incur or pay any expense of any kind or character during the entire
term of this lease by reason of or in connection with the purpose for which said
equipment was designed. CITY agrees (1) to take the same care of said equipment
as a reasonably careful person would take care of his own property, and (2) to
keep said equipment in good repair and condition during the entire term of this
lease, subject only to normal wear and tear, by reason of its use by CITY for the
purpose for which said equipment was designed. CITY further agrees (3) that if
any of said equipment is lost, taken or destroyed by fire, theft, windstorm, public
disaster, act of Gad, or any casualty or cause whatsoever, there shall be no abate-
ment of the rent provided for herein and (4) that CITY shall promptly and at its
expense replace any of said equipment which is so taken, lost or destroyed, and
(5) if a registration of license fee is required by the State of Texas then the
CITY shall be liable for the payment of such fee and in the event such a registra-
tion or license fee is paid by the LESSOR, then the CITY shall reimburse the LESSOR
for any and all amounts paid as such license or registration fee by the LESSOR, and
(6) at the time the CITY exercises its option to purchase, as provided for herein,
- 2 -
I
CITY agrees and obligates itself to execue1i necessary and proper exemption
certificates on all Federal excise taxes paid by LESSOR and if within 32Q
days after the purchase by the CITY of the equipment herein leased and rented
by CITY from LESSOR, LESSOR has not been refunded by the Federal government said
Federal excise taxes, CITY binds and obligates itself to pay to LESSOR the full
amount of said Federal excise taxes, provided, however, that if after CITY has
Paid to the LESSOR the amount of said excise taxes, such taxes be refunded to
LESSOR, then LESSOR binds and obligates itself to pay to CITY the amount of said
Federal excise taxes so refunded by the Federal government to LESSOR and thereto-
fore paid by the CITY to LESSOR, CITY (7) still further agrees to indemnify, hold
and save LESSOR "harmless from any civil or criminal suit or liability whatsoever,
arising out of or in connection -with the use or possession of said equipment by
CITY under this lease and for the entire term thereof.
IV.
CITY shall have the right and option to purchase said equipment from
LESSOR upon or before the expiration date of this lease, if CITY is not in default
in any of its obligations under this lease. This option may be exercised by CITY'S
giving notice in writing to LESSOR not less than thirty (30) days prior to said
date of its intention to exercise said option, and by its payment to LESSOR in cash
of the sum of $ 6,970.68 on or before the expiration date of this
lease. There shall be deducted, however, from such purchase price the total amount
of all rentals paid by CITY to LESSOR for the rent of said equipment as provided
herein. The option payment for the purchase of and acquisition of title to said
equipment as so computed is �a777�s'I8 and the total consideration of
the rental and subsequent purchase by option of said equipment is the principal
sum of Z5,94�62 , plus interest on the deferred
payments subsequent
to the date of this instrument at the rate of L percent per annum from
that date until paid. Upon exercise of the option and payment of the purchase price
upon the terms and within the time aforesaid, LESSOR agrees promptly to execute and
deliver to CITY such instruments or evidences of title to said equipment as may be
necessary or proper to vest good title thereto in CITY.
V.
Default on the part of CITY in paying said rent or any installment thereof,
as hereinabove provided, or default on CITY'S part in keeping or performing any of
the terms, covenants, agreements or conditions contained in this lease shall authorize
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LESSOR, at its option and at any time after such default, and after thirty (30)
daps' written notice to CITY, to declare this lease terminated and to repossess
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said leased equipment with or without legal process, and without pre;udiee to
any of its other legal rights, and any rentals provided for hereunder and unpaid
at the time of such default shall become, at LESSOR'S option, immediately due
and payable and shall bear interest from such date until paid at the rate of
percent per annum. In case CITY makes default in the performance of any of the
terms, covenants, agreements or conditions contained in this lease, and LESSOR
places the enforcement of this lease, or any part thereof, or the collection of
any rent due or to become due hereunder or the recovery of possession of said
equipment or any of it in the hands of an attorney, or files suit upon same,
CITY agrees to pay LESSOR, in addition to the rental payments provided for here-
in, a reasonable attorney's fee.
VI.
It is understood and agreed by and between the parties hereto as follows:
1. All payments of rentals, or any other payments hereunder shall be
made by CITY to the account of LESSOR, or its order, in
Bahk, Corpus Christi, Texas.
2. This lease cannot be changed, varied or extended except by instru-
ment in writing signed by LESSOR and CITY, and failure to exercise the option of
forfeiting this lease in case of default on the part of CITY shall not waive the
right of forfeiture, and any right accruing to LESSOR under this lease to forfeit
same shall not be waived or defaulted except by written waiver of LESSOR, and accep-
tance of rent shall not be construed as such waiver.
3. A holding over after the termination of this lease shall not renew
or extend the same, but shall constitute CITY a tenant or possessor of said equip-
ment at sufferance,
VII.
LESSOR covenants and agrees (1) that CITY, on paying the said rent and
performing the said covenants contained herein in the manner and within the times
herein provided, shall and may peaceable and quietly have, hold and enjoy possession
and use of said leased equipment for the term aforesaid, and (2) that it will defend
CITY in peaceable possession of said leased equipment for the full term of this
lease; CITY covenants and agrees not to suffer, commit or permit any waste of or
damage to the leased equipment or any of it during the entire term of this lease.
-4-
The apparatus delivered to the CITY by IESSOR is warranted and guaranteed
and represented to be in f it, sound and workmanlike condition and to conform in all
respects to the manufacturers guarantee given to LESSOR.
VIII.
It is understood and agreed by and between the parties hereto that in
the event the CITY at any time should exercise its option to purchase the equipment
specified herein, the CITY shall have no right to purchase only a part of said
equipment but the CITY shall be 'required and obligated to exercise its" a}p�ioa'
rights provided in this agreement on the whole of said equipment.
1X.
In this agreement where nit" is used, "heh shall apply in the proper
instance.
IN TESTIMONY WHEREOF', the CITY OF CORPUS CHRISTI has caused this lease
agreement to be signed by its City Manager, countersigned by its City.Contftller
and attested by its City Secretary, with its corporate seal affixed thereto, pur-
suant to the terms of an ordinance passed by the City Council, and IESSOR has
caused this agreement to be executed this day of , A.D. 19
CITY OF CORPUS CHRISTI, TEXAS
Attests
By
City Manager
City Secretary
Countersigneesa
Approved-.
' J
Assistant City Attorney
City Controller
LESSOR