HomeMy WebLinkAbout1010o. R i ~ 4U8 -
BOOK
ORIGINAL CT. a !1CIE C~UNTy. FLA. No.--_------ _ __- -
LEASE AGREEMENT
THIS AGREEMENT, Made between the Itasor and the leaste,
W ITNESSETH
Lessor aareea to lean and leases the following personal property : listed below or on appendix
.1- I~1oae1 ~ uu 131SCKhaWiC 1~7'ti[Il~ iYitic:i,il1.:
s; r~ - -
togethtr with all attachments, hereafter and herein called "Equipment", to lessee and lessee agrees to hire and
lease, and hires and leases Equipment from lessor for the period of this lease and at the rentals set forth under
"Definitior,i<", ar,u iirid2r 'u`,c .e~,s, co.-,ditiors, agreements and 9Llpulationg hereinafter sei forth.
1. Lessor agrees to deliver equipmtnt on the delivery date and lessee agrees to pay the rentals in the
sums and at the times set forth under definitions. -
2. Lessee agrees: to keep equipment at Place of Use, unless lessor in writing .permits removal, and to
use same in lcssee's business solely ; to keep it in good repair at lessee's sole expense ; to keep it insured at lessee's
expense at full .alert against such razards as lessor may require; to opsr3ts it by competent operators and at
lessee's expense; to hold, use and maintain it in conformity with and in compliance with all laws and regulations
t ~__ -. _-:._ ..c- s:~ !.Tf~~f+A}tas w},P!1 (l1}r'
:~13t1^.b !~'~r°t^: t~ !Stet 2!i raXe~ ana oilier uuulic c1-8~~c5 d~a:iaoi ~•` i;iiv;: ;::::..o ::.... Y.--.. r-----r--,
,__....:. s_.._ rte..... ~_.... ~...~ Ott ti~„a and rta;:*,A• to hear all charves for traneoortation thereof; to change or re-
move no -insignia or lettering thereon. Lessee further agrees to indemnify and save lessor harmless from all -
damage, costs or eicpensea-arising from any injury to or loss of the equipment from any cause, from liability
arising out of the use, maintenance or delivery -thereof, from actual or asserted violations of any law or regula-
tion relating to the ownership, possession, use or maintenance thereof, and from the execution of any attachment
or other judicial process affecting equipment; to maintain in full force and effect insurance against liability to
the operators and the general public which might arise ffom the use, maintenance or ownership of said tquip-
ment naming such persons, to sucfi extent, with such companies, and in such form as lessor may require and .. -
deliver evidence thereof and of the payment of the premiums thereon to lessor, if lessor requires ; upon the ter- "-
urination thereof to return equipment to ltssor, unencumbered. in good repair, with all delivery char,;es paid; to ,~
advise lessor when requested of the exact location of equipment; to give lessor immediate notice of any judicial
process or proceedings affecting equipment ; to conspicuously identify tquipment to indicate lessor's ownership ;
tG pay reasonable aorzay fcea incurred by lts~.,or in ary legal proceedings instit.~ted by leesnr to recover moneys
due hereunder or for possession of equipment ; not to incur for lessor's account or liability any expense foe repairs
or replacements ; to do or permit no act or thing whereby lesaoi s title or right may be encumbered or impaired ;
not to assign this lease nor any of lesue's rights hereunder, except with lessor's written consent.
3. Lessor agrees to credit any amounts lessor received from insurance procured by lessee against the
corresponding liability of lessee to lessor hereunder.
~`
4. It is agreed : Lessor shall not be obligated to repair or replace any part of the equipment ; that any
loss, damage or injury to equipment shall be based on the then market value of equipment; that equipment is and
shall remain personal property ; title shall remain exclusively in lessor ; time is of the essence ; lessor's failure to
require strict performance or to exercise any option available hereunder, or lessor's waiver of any default here-
under, shall not diminish lessor's right thereafter to demand strict performance, exercise the option or to declare
a subsequent default ; lessor's rights hereunder are cumulative and not alternative ; lessor may at all reasonable
times enter upon any premises where the equipment is located for the purpose of inspection and if, in the opinon
of lessor, equipment is being used beyond its capacity, or improperly cared for or abused, remove it without notice ;
all notices relating hereto shall be mailed registered to lessor or lessee at its respective address about shown or at
any later address last known to the sender ; in case of any default by lessee hereunder all sums due and to become
due hereunder shall, at the option of lessor or any assignee of lessor, become payable forthwith; this lease is
irrevocable for the full term hereof and for the aggregate rental herein reserved, and the rent shall not abate by
reason or termination of lessee's right of possession and/or the taking of possession by lessor or for any other
reason, and deliquent installments of rental shall bear interest at t3 per cent per annum; in case of any dciauit by
lessee hereunder, lessor may sell the equipment or may re-lease the equipment for a term and a rental which may
be equal to, greater than, or less than the rental and term herein provided. Any proceeds of sale, received within
60 days after repossession, or any rental payments received under a new lease made within such 60 days for the
period prior to the expiration of this lease, less lessor's expenses of taking possession, storage, reconditioning
and sale or re-leasing, shall be applied on the Itssee'a obligations hereunder, and lessee- shall remain liable for
the balance of the unpaid aggregate rental set forth above; lessee's liability shall not be reduced by reason of any
failure of lessor to sell or re-let within such 60 days.- "~
S. Lessor covenants to and with lessee that lessor is the lawful owner of said equipment free from all
encumbrances and that, conditioned upon lessee's performing the conditions hereof, ltsse~ shall peaceably and
quietly hold, possess and use the equipment during said term without let or hinderance.
.-
6. The conditions hereof shall bind any permitted successors and assigns of lessee. If lessor assigns the
rents reserved herein or all or any of lessor's other rights hereunder, assignee's rights shall be independent of
any claim of lessee against lessor; lessee on receiving notice of any such assignment shall abide thereby and make
pa ent as may therein be directed. Following such assignment the term 'lessor' shall be dttmtd to include or
refer to lessor's assignee.
cov~x>