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Home My WebLink Aboutresolution.council.043-92 .' ;N PI e'i'........., ~\..- p:')' I.....---..f "...., ) Ie, - LE RESOLUTION NO. 4'3 Series of 1992 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN DOOGER DIGGING AND THE CITY OF ASPEN, COLORADO, FOR THE LEASE OF ONE LOADER/BLOWER AND ONE TANDEM TRUCK FOR THE 1992-1993 WINTER SEASON, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a lease agreement between Dooger Digging and the City of Aspen, for the lease of one loader/blower and one tandem truck for the 1992-1993 winter season, a true and accurate copy of which is attached hereto as Exhibit llAIl; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that lease agreement between (e the City of Aspen and Dooger Digging, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said 'It I~' \!; '0 , agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 4- day of Ae~, 1992. ~ 5, i ').......Y( - J 'n S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at ~i:m"eting held on the day hereinabove stated. dooger.rcs <It LEASE This lease made and entered into as of November IS, 1992 between the City of Aspen, a home rule municipal corporation (hereinafter "City"), and Oooger Digging, 515 West Gillespie Street, Aspen,' Colorado, 81611 (hereinafter "DO"). In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Description of Equipment DO leases to City one (1) loader/blower, one (1) tandem truck, as further described and identified in Exhibit "A". Said equipment shall be furnished exclusive of drivers/operators and without gas and oil. ( As a benef i t of this contract, \~lIOWing equipment to use for snow removal only: DO shall provide City wi th the 1.) John Deere Loader/Backhoe] 2.) John Deere Dozer 3.) I. H. Excavator - to clean settling ponds 4.) Fuel Truck 5.) Welder/Service Truck This equipment shall be furnished without cost to City. ,2. Term This lease shall be for a primary term of five (5) months, commencing November 15, 1992, and terminating at midnight on the 15 day of April, 1993. A secondary term, lasting for as yet an unspecified period of time may be exercised by City, for snow removal purpose only within its sole discretion, depending on snow removal needs after April 15, 1993. 3. Rent (Minimum plus Adjustment for Addtiional Need). ( _i t y S ha ~-~---::-~---~~---:-:-~-:-:-~-~--~ h:--::-~::~:'--::::-:::-:~:-::~~::-~o n i n -- accordance with the following procedures: ( '. (a) y: c' \0, . '< ghty- Nl ne City agrees to pay DO a fixed sum of Thirty Thousand and 47/100 Dollars ($30089.47) for the use of the aforementioned equipment during the primary term herein defined. The sum is to be paid in equal monthly installments of six Thousand Seventeen and 89/100 Dollars ($6017.89), commencing on December 1, 1992, and terminating on April 15, 1993. DO agrees to provide a monthly billing statement on the first of each month within the primary term and City agrees to remit each payment no later than the tenth (10th) of each month within the primary term. (b) In the event City exercises its option to lease the aforementioned equipment for the secondary term described herein, payment shall be made on a pro rata basis described in Exhibit "B" la .: annexed hereto and incorporated herein. 4. Use of Equipment City agrees to use the aforementioned equipment solely for the removal of snow and snow-related debris from City streets, roads, alleys, rights-of-way, easements, parking lots and other public areas within the City of Aspen. City has first priority of use of equipment, however DO also has the right to use equipment when it is not in use by city. 5. Maintenance and Repair City shall, at its own expense, maintain the equipment in good condition and in accordance with good maintenance practices, normal wear and "~,.,\., eaCrh emxl.cneo:terdep'al.:dsditionallY, City shall, at its own expense, make ~1IIt ' ,as deemed necessary and in accordance with good repair practices. The City shall provide space for parking and and maintenance of said equipment. ( 6. Operators -"',, t '~ Attached hereto and incorporated herein as Exhibi~ "CO, is a list of all names and license numbers of all personnel eligible and authorized by City to be certified by DO in the operation of the aforementioned equipment. The aforementioned list will be updated with additional names as deemed appropriate and necessary by Harold Smith. 7. Instruction City shall teach, instruct and certify to its and DD's satisfaction, all eligible City personnel contained in the aforementioned list, as updated from time to time, in the safe and correct operation of the aforementioned equipment. Uncertified personnel shall not be ( permitted to operate the aforementioned equipment. ~ 8. Surrender of Equipment _ _H~_ H' H __~. .,~ H H OM._ H_" ~___H__H_' __~_~'~~~~_HM' '_' Upon termination of this lease by expiration of its terms or otherwise, City shall surrender the equipment to DD in good condition, except ordinary wear and tear. 9. Liability Insurance City, at its own expense, shall provide comprehensive public liability insurance or self-insurance in an amount (s) equal to those liability insurance limits as established in the Colorado Governmental Insurance Act, C.R. S. 24-10-101, et seq. for all claims and suits stemming from any accident or negligence on the part of City, its agents, employees, or assigns while operating the aforementioned equipment. ( City will transit a certificate of Insurance to DO for their "~.cords & their Insurer's Records_ 10. Binding Effect. This lease shall be binding upon and inure to the benefit of City and ( ."' and their q; '" tJ assigns. respective heirs, personal representatives, successors, 11. Modifications/Termination This lease may be modified only by written ~greement executed by the parties hereto and be terminated by either party upon thirty (30) days written notice. 12. No Assignment This lease may not be assigned without the prior written permission of both parties hereto. Executed and delivered this /~d ,199:l.,. ( ~ ., _ __.___d~_._._._- . Koch, City Clerk DOOGER DIGGING Neil Beck ATTEST: i ~.'.'. c1rrrif tV A r.. .' ., / .....-.:::1// ~/?64~ ,4-~ c!//';/ /l-i7/iC.ljo/ ( ,~..' fV ~I ~" -- EXHIBIT "A" DO agrees to lease to City the following equipment ( fA \. .x,:" 'R: '~ 1.) One (1) loader/blower, serial number 496145T, described as follows: Pettibone-Mullikin Snow Thrower. JD turbo 6 cyl. diesel motor, mounted on Michigan 175 Loader. 2.) One (1) Tandem Truck, serial number 150106S, described as follows: Kenworth C500A Truck with 15 Cubic Yard Bed. -- ( .\,~~" \.". In the herein agl-ees EXHIBIT "B" event City exercises its option to lease the equipment descr bed for the secondary term, there shall be no charge from DO. C ty to pay all liability insurance during this time period. City agrees, in the event it exercises its option for ~he secondary term, to provide DO a true and accurate accounting of each day's use of the aforementioned equipment. ( 'tA, :\~. I ~ ,. , ." ... " -The following employees drive DO equipment. EXHIBIT "C" are on the City payroll and authorized to NAME DRIVERS LICENSE ~ 5TATE DRIVERS LICENSE TYPES ~ ,., ~.", '.