HomeMy WebLinkAboutEnvirex Envirex Inc .
LEASE AGREEMENT
This Agreement made this 6` _ day of Wajy , 19 /9
between ENVIREX INC. , a Delaware Corporation, iwith offices
located at 1901 South Prairie Avenue , Waukesha, Wisconsin 53186
(hereinafter called "ENVIREX") and the City of Oshkosh, Wisconsin
Wastewater Treatment Plant (hereinafter referred to as "LESSEE") .
The parties to the Agreement, in consideration of the mutual
covenants and stipulations set out herein, agree as follows :
1 . EQUIPMENT. The process equipment covered by this lease is
as follows :
A. Belt Press Equipment
B. Ancillary Equipment, including :
1. Washwater pump
2. Controls for trailer
3. Hydraulic powerpack
4. Conveyor , approximately 13 feet long
5. Miscellaneous hoses, wires and connections necessary
to complete the hook-up for test purposes
2. TERM. The term of this lease shall be one (1) month and
shall take effect on or about June 30 , 1989, and continue
in force until July 30, 1989, and shall continue thereafter
from month to month under the terms and conditions as herein
set forth, provided that either party may terminate the lease
by giving thirty ( 30) days ' written notice of the intention
of either party to so terminate.
3. RENT. LESSEE agrees to pay rent on a monthly basis as
follows :
$ 1.00 /month (first 2-month period)
$6 ,000 .00 /month (each month after the second month)
The total rent for the specified lease term is :
one dollar ($1.00 ) .
4. ADDRESS. All payments to be made by LESSEE under this Agree-
ment shall be made to : ENVIREX INC. , P. 0. Box 1604,
Waukesha, WI 53187-1604.
5. ENGINEER. A field technician can be made available during
the term of the lease to LESSEE, upon written request to
ENVIREX, at a rate of $400 .00 per day, plus traveling
and living expenses and travel time to and from LESSEE' S
location . The number of days of service shall not exceed ten
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(10) days unless prior written authorization is received from
the LESSEE. The field technician shall remain the employee
of ENVIREX. The responsibility of operation of the leased
equipment shall remain with the LESSEE.
6. SHIPMENT. Shipment shall be made on a freight-collect basis.
Delivery of the leased equipment shall be F.O.B. ENVIREX
shipping point . One-way freight charges shall not exceed
$500.00. Shipment shall be made on or about June 30, 1989
or as soon thereafter as ENVIREX is able. ENVIREX shall not
be liable for delays in shipment due to causes beyond its
reasonable control .
7 . MAINTENANCE, REPAIR AND ALTERATION. LESSEE agrees that it
will , at its own expense:
(a) Keep and maintain equipment in good condition and working
order . Alterations, modifications, additions, subtrac-
tions or improvements shall be made at LESSEE' S expense
and must be authorized by ENVIREX in writing . Any such
alterations, modifications, additions , subtractions or
improvements shall become the property of ENVIREX.
(b) Use, operate and maintain equipment in a careful manner
in the normal course of its business and only for the
purposes for which such equipment was designed . LESSEE
shall comply with all laws, ordinances and regulations
( including all OSHA requirements) in any manner relating
to the ownership, possession, installation, use, opera-
tion or maintenance thereof, and obtain all permits or
licenses necessary to install , use or operate the equip-
ment.
(c) Keep equipment free and clear of all levies, encum-
brances, liens and claims, and/or legal processes of
creditors or others.
(d) Timely pay all taxes, costs, fees and freight expenses of
every kind and nature arising out of the use, possession ,
ownership, transporting , renting , leasing , operation or
maintenance of equipment, together with any interest,
fees, fines or penalties in connection therewith, file
all required returns, and at ENVIREX ' S option, furnish
copies to ENVIREX.
(e) To furnish ENVIREX with copies of all operational reports
and performance data collected during operation of the
equipment .
(f) Be responsible for all damage to the equipment caused by
excessive corrosion due to the nature of the wastewater
treatment experienced during its use. LESSEE shall pay
for any work required to restore the equipment to its
original condition .
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8. INSPECTION, REMOVAL, RETURN. ENVIREX shall have title to the
equipment at all times and shall have the right, upon reason-
able notice, to inspect the equipment and observe its use at
LESSEE' S location.
ENVIREX may enter upon the location where the equipment
is located and remove the equipment, without notice to the
LESSEE and without liability therefor , if, in the opinion
of ENVIREX, the equipment is being improperly used or main-
tained .
Upon termination of this Agreement, all equipment must be
returned F.O.B. ENVIREX, Waukesha, Wisconsin, freight pre-
paid . Equipment shall be drained , cleaned and returned in
the same condition as when received, reasonable wear and
tear excepted .
9. INSURANCE.
(a) LESSEE, at its own expense, shall carry comprehensive
general liability insurance, including blanket contractual
liability insurance covering bodily injury and property
damage in limits no less than $1 ,000,000. 00 combined single
limit . Such insurance should cover both LESSEE and ENVIREX.
LESSEE shall pay the premiums therefore and deliver a
certificate of insurance to ENVIREX.
(b) ENVIREX, on the other hand, has general liability coverage
in force of $1 ,000 , 000 .00 , including products and completed
operations.
10. DEFAULT. In the event that LESSEE fails to maintain the equip-
ment, pay any rents, discharge taxes, maintain insurance or
perform any other obligations as required by this Agreement, if
such default continues for more than ten ( 10) days, ENVIREX may:
(1) declare the entire amount of the rent immediately due and
payable and/or (2) enter upon LESSEE ' S location and, without
notice or liability, remove the equipment. The rights, remedies
and powers under this Agreement are not exclusive of other
rights , remedies and powers conferred upon ENVIREX by law.
11 . INDEMNITY. LESSEE agrees to defend , indemnify and hold ENVIREX
harmless against any claim asserted against ENVIREX and its
representatives, insofar as such claim arises out of or in
connection with LESSEE' S operation of the equipment under this
Agreement, and shall pay any and all costs which may be
incurred by ENVIREX in connection with any such claim, includ-
ing, but not limited to, all costs of investigating , defending
and settling any such claim, and all attorney' s fees and any
judgments entered against ENVIREX as a result of such claim,
unless such claim is the result of the fault or negligence of
ENVIREX. LESSEE' S indemnification of ENVIREX shall survive the
termination of this lease.
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12. ASSIGNMENT. There will be no assignment or transfer of this
lease, nor of any interest in this lease, without the express ,
written consent of ENVIREX.
13. THE COMPLETE AGREEMENT BETWEEN ENVIREX AND LESSEE IS CONTAINED
HEREIN AND NO ADDITIONAL OR DIFFERENT TERM OR CONDITION STATED
BY LESSEE SHALL BE BINDING UNLESS AGREED TO BY ENVIREX IN
WRITING. Failure, at any time, to require strict performance
by LESSEE of any of the provisions of this Agreement shall not
waive ENVIREX ' S right to demand strict compliance.
IN WITNESS WHEREOF, the undersigned hereby have caused this
Equipment Lease to be executed by its duly authorized officer .
CITY OF OSHKOSH, a municipal corporation
By:
William D. Frueh, City Manager
And:
WITNESS: (LESSEE)
hereby., Donna C. Serwas, City Clerk
h cc n,!f;+ diat the ° e ss:?ry provisions
b Which Wl i
a, A-1 L.
accru:: L t.
Date : June 20, 1989
rrI i oler
ENVIREX I
By:
Its ,Lc fi er , 7yriac`b'
WITNESS : (ENVIREX INC.)
APPROVED
Date : /15J8`
JUN
(Alit ' (
G ,ATTORNEY
OSHKOSH,WISCONSIN
Revised: January 5, 1989
Revised : May 8, 1989
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