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1996-0126_DEARTH MACHINERY COMPANY_Rental AgreementWAYNE STREET SWEEPER RENTAL AGREEMENT This Agreement made and entered into this 26th day of January 19 66 by and between Dearth Machine y Company with principal offices at Azusa, Cal i forni a hereinafter called "Lessor," and The City of San Juan Capistrano a municipal corporation organized and existing under and by virtue of the laws of the State of California hereinafter called "Lessee." Witnesseth: THAT WHEREAS, the Lessee requires the use of one Wayne Street Sweeper, Model 1 — 980-4S/N WHEREAS, the rental required to be paid by Lessee under this Rental Agreement represents the reasonable rental value of such equipment, and WHEREAS, Lessor is willing to Rent such equipment to City of San Juan Capistrano for its exclusive use and possession, in accordance with the Wayne Rental Agreement pay out schedule. NOW, THEREFORE, for and in consideration of the payment by Lessee of the rentals hereinafter provided and the performance of the covenants and conditions herein contained on the part of the Lessee to be kept and per- formed, the parties hereto hereby agree as follows: First The Lessor hereby rents unto the Lessee and the Lessee hereby hires of and from the Lessor the following described property, to wit: One (1) Wayne SwePpPr ns Par LPGsee Purchase Order ,43 for a period of 48 P-' IoScommencing on the 23 day of February 1966 , to and including the 23 day of February 1970, for the agreed rental of Thirteen Thou. Five Hundred Forty and 80 100 Dollars ( 13 • 5W. 80 ) (being the aggregate rental payable for the entire term of 's Rental Agreement computed in accordance with the W. .e Rental Agreement pay out schedule), which rental shall be paid as follows, ated, or may be operated, during the terms of this Rental Agreement and Lessee agrees to maintain Public Liability and property damage insurance, naming Lessor as a co-in- sured and to defend, at Lessee's own expense, any and all actions brought against either or both of the parties hereto for damages to persons or property caused by said equip- ment or by its operation, and to hold Lessor free and harm- less of and from any and all claims and demands which may arise, or be occasioned to any person or to any prop- erty by or through the use of said equipment, during the term of this Rental Agreement, or any renewal thereof. Sixth Upon default by the Lessee in the payment of any amount due under the terms of this Rental Agreement, whether as rental or otherwise, or upon the violation by Lessee of any of the terms or conditions hereof and the failure to remedy such default within fifteen (15) days after written notice from Lessor so to do, then at the option of the Lessor, this Rental Agreement shall forthwith cease and terminate and all rights of the Lessee in and to said equipment shall be at an end and the Lessor shall become entitled to the immediate possession of the equipment. The declaration of a default and repossession of the equipment by Lessor shall not excuse Lessee from liability to the Les- sor for any rental earned prior to the termination of said Rental Agreement, or for any other expense incurred by Lessee prior to the termination of said Rental Agreement. Lessee shall further be liable for and shall pay all expense incurred by Lessor in taking such equipment into its pos- session upon such or any default under the terms of the Rental Agreement. Upon any date that the rental hereinabove reserved shall be payable, during the term of this rental agreement or any extension thereof, the Lessee is given the exclusive right to purchase the equipment upon payment to the Lessor of the then reasonable market value of such equipment, which shall be the original rental price of the equipment, the sum of Thirteen Thousand Five Hundred (SPELL OUT AMOUNT) Forty and 80/100--------------- -------- Dollars ($13 / 540.80 ); less reasonable depreciation; that it is further agreed that the reasonable market value of said equipment after 13 months rentals have been paid, allowing for reasonable depreciation for said period, shall be the sum of Nine Thousand Seventy Nine and No/100 (SPELL OUT AMOUNT) ----------Dollars ($ 9,079-00 ); that the reasonable market value of said equipment after 25 months rentals have been paid, allowing for reasonable de- preciation for said pr i, shall be the sum of SiX Thousand One Aundred Thirtv Five (SPELL OUT AMOUNT) o ars 7 t,,.,,,.,-^nr- r �� ° that it is further agreed that the reasonable market value of i 7on and said equipment after 1' months rentals have been paid, al- lowing for reasonabepreciation for said period, shall por month ffn: µf lJorghs. j be the sum of Three Thousand Tcrenty and Second (SPELL OUT AMOUNT) Lessor guarantees to furnish Lessee with the aforemen- tioned equipment in good operating condition and further agrees to extend to the Lessee the same guarantees pres- ently extended to the Lessor by the Manufacturer. Third Lessor covenants, warrants and guarantees peaceful pos- session of the equipment to Lessee at all times during the term of this agreement. Fourth During the term of this Rental Agreement, Lessee shall be responsible for and shall pay all charges for upkeep and all storage of said equipment and shall make, at its own expense, any and all repairs and supply and pay for any and all parts and accessories necessary to maintain and operate said equipment in proper condition and good run- ning order, excepting that any defects in said equipment or any parts and accessories ordinarily covered by the man- ufacturer's guarantee, shall be supplied and paid for by the Lessor; Lessee agrees that at the end of the aforesaid term, or any sooner termination thereof; as aforesaid, the Lessee shall redeliver said equipment to Lessor in as good condi- tion as when delivered to Lessee, reasonable wear and tear excepted, but Lessee shall be liable to Lessor for any and all damage, destruction or depreciation caused by accident, negligence, fire, the elements, any act of a public enemy, sabotage, war, invasion, act of God, or other casualty, or failure or neglect by Lessee to keep such equipment in re- pair. Said Lessee agrees that it will at all times during the terms of this Rental Agreement keep said property insured, in a sum equal to its reasonable market value for the bene- fit of Lessor. Lessee shall not be entitled to any deduction of rent for the time during which said apparatus is out of repair or is unuseable by Lessee. - Fifth Lessee is to be liable for and to pay and satisfy every lawful claim and liability arising against said equipment during the term of this Rental Agreement and, as additional rental, assumes hereunder all license fees, taxes, charges and penalties imposed by any state, governmental, or mu- nicipal subdivision in which said equipment may be situ - IN WITNESS WHEREOF, the parties hereto have ret_nto set their hands and seals the day and year first Dearth Ma a N0/100----------- Dollars ($ 3,020.00 ), that the reasonable market value of said equipment at the expiration of this rental agree- ment, allowing for reasonable depreciation for said period, shall be the sum of One Dollar ($1.00). Seventh Lessee understands that Lessor may assign this Rental and any and all sums payable hereunder, Lessee agrees that any Assignee of Lessor shall not be liable for the per- formance of any obligations, representations or warranties of Lessor, that as to such Assignee, the payments due here- under shall not be subject to any defense, offset or counter- claim otherwise available to Lessee, and that Lessee will look solely to Lessor for any remedy Lessee may have or claim to have. Eighth All said Equipment shall remain the property of the Lessor and title thereto shall remain in Lessor exclusively. Ninth This agreement shall bind the successors or assigns of the respective parties thereto. Tenth This Rental Agreement shall take precedence over all previous negotiations and no representations are considered as entering into this Rental Agreement, except such as are contained herein. Eleventh The Lessee shall have the right at any time to quit and sur- render the equipment to the Lessor and upon doing so will be thereby relieved from the payment of any further rentals under this rental agreement excepting that the Lessee shall not be relieved from the obligation to pay any rentals which shall then be due and unpaid and which shall have accrued to the Lessor on account of the use of the equipment by the Lessee prior to the surrender of the equipment to the Lessor. TITLE CO. _Lessor President TITLE Form of within contract approved: ,r F-9 STREET SWEEPER INSPECTIONAND DELIVERY REPORT WAYN E � Date (;�V Model No. � Serial No. l � � Engine No. - Distributq�,T� //-s - Delivery Date Aux. Engine No �-,Z,,z 'z �-- Owner i/ ! '� - r - �`�� Truck Vehicle No. - � f?, � s� -ice'. PRE -DELIVERY INSPECTION -TO PREPARE MACHINE FOR DELIVERY Will radiator. (0 heck engine oil. heck engine air cleaner and connections. ff-Check battery connections and water. Check all V -belts for tension. ❑" Check all lights and horn. D - Start engine and check for leaks, engine oil, hydraulic oil, gasoline and water. ❑ Tune engine.* ❑- Check all Instruments for correct operation. C Install windshield wiper arms and blades - check operation. Install water tank drain plugs. Adjust G. B. for angle and weight 60#. Q Adjust PUB 3" to 5'• even pattern. ,Check dirt shoes for free movement and lift. Check oil level in all gear boxes, differential and transmission. [Check hydraulic brake fluid. ❑ Check hydraulic clutch fluid.* ❑ Check oil level in hydraulic tanks - 3" below top. ❑ Check engine governed speed - 2800 RPM.* ❑ Mount front dirt deflectors and adjust to proper angle. ❑ Check side deflectors for free movement and lift. Cl --Check triangular deflectors for damage in shipping. C1 Check elevator slip clutch (3 -wheel only). ❑ Check tire pressure. ❑. Check all tools and their use. ❑ Half fill water tank and check spray system. ❑ Test drive in all gears. ❑ Check brakes and steering. ❑ Check P.T.O. (3 -wheel only). ❑ Install hydrant hose. ❑ Install dealer's decals. U Lubricate entire sweeper. * Also check on auxiliary En, . Prepared for Delivery by— This y This sweeper has been thoroughly inspected and is ready for delivery. Signed_ Date (Service Manager) Comments (Use space provided on Reverse Side), DELIVERY REPORT -TO BE FILLED IN BY CUSTOMER I have received instructions on the following: 1. Instructions in proper use and operation of sweeper: th 11 broom adjustments. ?IJ deflector adjustments. 2T General operating instructions. ry lJ Controls and instruments. (r Precautions and limitations. ('Use of special tools. Q'Water spray system. 2. Instructions in maintenance procedures: e'$levator maintenance. 2"Oil level in gear boxes, differential, trans- mission, hydraulic tanks, and engines. eLubrication - using lubrication chart. ffrChain and V -belt tension. Oldr cleaner and connections. [•]Care & adjustment of elevator rubber chains �Fh1 and sprockets. J �tefilling Milemaster broom. aily maintenance and cleaning. l Reviewed operation and maintenance manual Operator's Signature This Wayne Sweeper was delivered to me in a satis- factory condition, and I fully understand that the standard warranty is for a period of six (6) months after date of delivery. Further, that neglect or mis- application of the sweeper shall be cause to void this warranty. - I have received C!5 Operation _Parts Manual. Customer S�.igz atm Title �'7. Date Warranty on the above sweeper will not be effective until this form has been completed, properly signed and the original copy returned to Wayne Manufactur- ing Company. Execute three copies of this form. Mail original to Wayne Mfg. Co. - Pomona. One copy to owner's file. One copy for distributor's file. WARRANTY For a period of ONE YEAR from date of factory shipment, or SIX MONTHS of ser- vice, Wayne Manufacturing Co. warrants all street sweeper equipment, through our authorized distributors. Parts found upon our examination to be DEFECTIVE IN MATERIAL AND/OR WORKMANSHIP will be replaced or repaired FREE OF CHARGE at our Pomona, California factory or at apoint designated by us. This is conditioned upon the competent operation, use and adjustment by the buyer of the warranted equipment. This warranty does not cover the cost of labor or transportation charges in connection with the replacement or repair of defective parts, nor does it apply to equipment upon which repairs or alterations have been made, unless author- ized by Factory. Trade accessories, tires and engines are subject to the war- ranty of their respective manufacturers. There is no other Warranty, express or implied. Wayne Manufacturing Co. neither assumes nor authorizes any person to assume for it, any other obliga- tion or liability in connection with these products. WAYNE MANUFACTURING CO. 66. M. Wayne, sident COMMENTS WAYNE MANUFACTURING CO. • Corporate Headquarters & Main Plant • 1201 E. Lexington Street. Pomona, California WORLD'S LEADING PRODUCER OF POWER SWEEPERS • SALES, PARTS AND SERVICE WORLD WIDE