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