The URL can be used to link to this page

Home My WebLink About35356 / 89-56 May 4, 1989 #56 RESOLUTION (CARRIED LOST LAID OVER WITHDR�WN ) PURPOSE: APPROVE AGREEMENT WITH ENVIREX, IPlC. INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that tLe attached Lease Agreement with Envirex, Inc. of Waukesha, Wisconsin, is hereby approved and the proper City officials are hereby authori�ed and d[rected to enter into same. BE IT F�RTHER RESOLVEU that money for this purpose is hereby aporopriated from: Acct. No. 919-191 -- Sewer Utility Construction in Progress. __, - SUPMiTTSD DY I �A�� APPRDVED - 35 - Envicax Inc . Res. �56 LEASB AGRF.P.Mi�T This Agreement made this day of , 19 , between ENVIREX INC . , a D�aware Corporat�on, wit�fices located at 1901 South pcaicie Avenue, Waukesha , wisconsin 53186 (heceinafter called "ENVIREX") and CITY OF OSHKOSH, a municipal �oroora4i n� _ _ (hereilta tee cefe[red to as "LESSEE�) . � The parties to the Aqceement , icr� consideration of the mutual eovenants and stipulations set out hezein, agcee as follows : 1 . EqUIPMENT. ThQ process equipment coveced by this lease is es follows: 1., Belt Press Equipment B. Ancillary Equipmant, including : 1. Wa9hwater gump Z. Conteola for trailee 3. Nydraulic powecpack 4. Conveyoc , appcoximate:y 13 feet Long ' S. Miscellaneous hoses, wices and connections necessary to complote the hook-up foe test purposes � 2. TERM. The teem of this lease shall be one (1 ) month and ehall take effect on or abouG May 39, 1989, and continue in foece until June 30 , 1989, and sha11 continue thzreaftec fcom month to month undee the teems and conditions as hecein eet focth, peovlded that either pazty may teeminate the lease by giving thizty (39) days' wrieten notice of the intention oE either pacty to so terminate . 3, RENT. LESSFe agcees t0 pay Cant On a monthly basi9 as Eollows : S 1.99 __/month (ficst 2-month period) $6,002 .00 _/month (each month aftec the aecond rconth) The total ren[ foL Ghe speclfied lease teYm is : one doltar (51 ,g0 ) . � , ADDRESS. All payments to be made 6y LeSSEE under this Ag[ee- ment shatl be made to ; ENVIREX INC. , P. 0. Box 1604 , Wa�kesha, WI 53187-1684. 5. ENGINEER. A field techniclan can be made available du[ ing !he teim oF the lease to LESSEE, upon wcitten request to ENVIRFX, at a cahe of 5409 . 09 pee day, plua tzaveling and living expenses and travel tima to and fxom t,ESSeE' S location . The numbez of days of secvice shall not exceed ten -�- - 35a - � Envicex Inc . RES. �S6 (19 ) days unless prioe written authociza[lon is received feom ehe LESSEE. The Eield technician sha11 zemain the employee oE sNVIREx. The cesponsibility of opesaeion o£ the leased equipmznt shall cemain with the LESSEE. 6. SHIPMeNT. Shipment shall be aade on a feeight-collect basis . Delivecy of the leased equipment ahall be F,O.B. ENVIREX shipping point . One-way feeight chacges shall not ezceed $SOA. AP. Shlpment shall ba made on oc about May 3¢, 1989 oe as soon thezeaftzc as ENVIR°X is able . eNVIREX shall not be liable foc delays in shipment due to causes beyond its reasonable contcol . 7. MAINTENANCE� REPAIR AND ALTF.RATION. LESSEE ageaes that St will , ee its own expense: (a) Keep and maintain equipment in good condition and woeking order , Alterations, modifications, additions, subteac- tione or improvements shall be made at LESSEE' S expense and must be authocized by ENVIREX Sn writing. Any such alteiations, modifications, additions, subtractlona oc improvementa ahall become the peopexty of ENVIRF.X. (b) Use, opezate and maintain equipment in a caeeful mannee in the nocmal couese of Sts business and only for the ' pucposes foe which such equfpmen[ was designed . LESSEe shall comply with all laws, ordinanczs and cegulations ( including all OStfA Lequizemente) in any manner zelating � to Ghe ownecship, posseesion, installation, uee, opeca- tion or maintenance theceoE, and obtain all permits or licenses necessary to install , use oc opecate the equip- ment . (c) Keep equipment feea and ctear of e11 levies, encum- . bcances, liena and claims, and/or legal pcocesses of CC@a1t0Y6 or othees. (d) Timely pay all caxes, costs, fees and fceight expenses of •vecy kind and nature acising out ot the use , possession , ownezship, tcanspocting , [enting , leasing � ooetatfon oe malntenance of equipment, togetl�ec with any intecest, fees , fines oc penalties in connectlon thezewith� file all cequieed zeturns, and at eNVIREx ' S option, fucnish copies to ENVIReX. (eJ To furnish ENVIREx with copies of all opezational repores and peetocmance data collected during opeeation of the equipment , (f) Be sesponsible for all damage to the equipment cauaed by •xcessive corrosion due to [he nature of the wastewater treatment expecienced during its use , LESSEE shatl pay tor any work requieed to iestoee the equlpment to its original condition . -2 - 35b - Res. #56 � B. INSPECTION, REMOVAL, RETURN. ENVIREX sha11 have title to the equipment at a11 limes and shall have the right, upon ceason- able notice , to inspect the equipment and obsecve its use at LESSEE'S location . ENVIREX may entez upon the location wheee the equipment is located and cemove the equipment, without notice io the LESSEE and without liabtlity theeefoe � if , in the opinion oE ENVIaeX, the equipment is being impYOpecly used oc main- ialned. Upon termPnation of thls Ageeement, all equipment must be returned F.O.B. ENVIREX, Waukesha , Wisconsin, freight pre- paid. Equipment shalt be dcained , cleaned and =etucned in the eame condition as when ceceived , reasonable wear and teac excepted . 9, INSURANCE. (a) LESSEE, at ite own expanse, Sha11 carcy comprehensive generat liability insueance, including blanket conteactual Liability Snsurance coverinq bodily �njucy and propecty damage in limits no less than 51 , 000, 000.99 combined single limit . Such insurance should covec both cESSEE end eNVIREx. L555EE shall pay the peemiums therefoce and dalivec a cectificate of insucance to ENVIREX. (b) ENVIREX, on Ghe other hand , has geneeat liability covecage in focce of S1 ,0m0, 6¢0 , 00, including products and complQted operations. 10. DEFAULT. In the event ehat LESSEE faila to maintai� the equip- ment, pay any rente, diacharge taxes , malntain insucance or perfoem any other obligations as requieed by this Ageeement� if nuch defauit continues foz more than ten (10) days � ENVIREX may : (1) declace the entice amoune of [he zont immediately due end payable and/or (2) entec upon LESSE6' S locatioo and, without notice oe liability, cemove the equipment. The righte , remedies and powere under thie Agceement are not exclusive oE other eiqhts, remedies and poweea confeered upon ENVIREx by law. 11 , INDENNITY. LESSEE agcees Co de:end, indemnify dnd hold ENVIREX haemlesa against any claim assected a9ainst ENVIREX and its zepresentatives, insoEar as such claim acises out oF oz in connertion with LESSEE' S opera[fon oE tha equipment undee this Agreement , and ahall pay any and all costs which may be incusred by ENVIREx in connection with any such claim, includ- ing , but not limited to, a11 cos[s of investigating , defending and eettling any such claim, and all attoeney' s fees and any judgments enteced against ENVIRex as a cesult of such claim, unless such claim !s the cesult of the Eault oe negtigence of ENVIRF.X. LESSEE ' S indemnification of ENVIRFX shall suevive the tecminatton of this lease , •3- - 35c - N� � �� n . . ' Envizex Inc. Res. #56 12. ASSiGNMeNT. Thece aill be no assignment oc transCec of thls lease, noc of any intecest in this lease, without tne expcess , vxitten consent oE ENVIREX. 13. THE COMPLETE AGREEMENT BETWEEN ENVIRE% AND LESSEE IS CONTAINED HEREIN AND NO ApDITIONAL OR DIFFEFENT TERM OR CONDITION STATED BY LF.SSEE SHALL BE BINDING UNLESS AGRF,FD TO BY ENVIREX IN WRITtNG. Failure, at any time, to requice stcict pecfocmance by LFSSEE of any of the peovisions of this Agreement shall not waive ENVIREX' S cight to demand stcict compliance. IN WITNESS WHEREOF, the undecsigne�9 heceby have caused this Equipment Lease to be executed by its duly a�thoeized officer . �X�—�-------- / � Its WITNESS: (LRSSEEJ � Date: ENVIREX INC. BY� -- ----— — Its WITNESS: (ENVIREX INC. ) Datea Revised : Januacy 5, 1989 Revlsed : May 3� 1989 -4- - 35d - � - 3 n � n o o ro � ti � � � A � � . �^ O A O m z - < yc o � m cn � � � m �c z a a �o z o � o r� mmo � � � v � ti N m r. � rn < 1�:, s � m x �