HomeMy WebLinkAboutC79-43 Municipal Funding Agreementt _ ("'111) .II 1Yi1117e®�
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Municipal Funding or oration of America
Equipment and Facilities Fztnding for Local Gnvez•nznents
April 3, 1979
Eagle County
P. 0. Box 537
Eagle, Colorado 81631
Re: Lease Agreement No, M-10873
Gentlemen:
Enclosed is your copy of our Municipal Agreement for your files and
payment records along with an invoice for payment #2 due May 10, 1979.
Thank you very much for selecting Municipal Funding Corporation of
America to provide your equipment leasing needs. Should you have any -
questions about your lease, please let us know. We would also be de-
lighted to work with you on any of your current or future equipment
needs.
Sincerely,
MUFCOA
9oh,(1.jB41anton
President
JDB/dc
Enclosure
155 SO. MADISON STREET, SUITE 301 • DENVER, COLORADO 80209 • (303) 388-5775
TWX 910-931-2979
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Municipal Funding Corporation of America
155 So. Madison Street, Suite 301
Denver, Colorado 80209
(303) 388-5775
Lease No. M-10873
MUNICIPAL PROPERTY ACCEPTANCE
The undersigned Lessee, under that certain Municipal Lease and Option Agreement dated
MARCO a 0 , 19_3�_, with Municipal Funding Corporation of America, as
Lessor, hereby acknowledges receipt in good condition of all the Property described on Exhibit A to the
Municipal Lease and Option Agreement, hereby accepts -the Property and hereby certifies that the Lessor
has fully and satisfactorily performed all covenants and conditions to be performed by it under the Mu-
nicipal Lease and Option Agreement.
Dated: ('RHcti 1 _, 19�_.
LESSEE: Eagle County, Colorado
1 f u R� t} R5� tiitc A{ea1JT
By Municipa f,Administrator
Page 6 of 6 pages
rub 4' -<r;
' • . a MUNICIP� LEASE AND OPTION AGR ENT
[ ICesor: Municipal Funding Corporation of America
155 S. Madison St.
Denver, Colorado 80209
Lessee: Eagle County, Colorado
P.O. Box 537
Eagle, Colorado 81631
Property: See Exhibit A attached hereto and made a part hereof.
See Exhibit B attached hereto and made a part hereof, and paragraph 2.
5 ;Plated Value: See Exhibit B attached hereto and made a part hereof.
Commencement Date: April 10, 19,79
After discussions with the Supplier's Rt-Tresentative for the Property described oil Exhibit A, Lessee has selected the Property and desires to lease
the Property for use in its business. To facilitate the financing of the lease, Municipal Funding Corporation of America has agreed to purchase the
Property and transfer it to Lessee pursuant to the terms of this Agreement. For purposes of the financing arrangement set forth in this Agreement Mu-
nicipal Funding Corporation of America is referred to as the "Lessor". The parties agree as follows_
1. Lease. Lessor hereby rents and leases to Lessee and Lessee hereby rents and leases trom Lessor the Property for a term of one year trom the
Commencement Date. Lessee may renew this lease for one or more renewal terms of one year each (see Exhibit B) by giving Lessor written notice of such
election at least 20 days prior to the end of the initial term or the renewal term as the case may be.
2. Tient. (a) Lessee agrees to pay rent for the initial term and any renewal terms at the rate stated in Exhibit B. The rental amounts include interest
on the Principal Cost of the Property. All rentals shall be paid to Lessor at its offices, 155 S. Madison St.. Denver, Colorado 80209, or to Such other person
or entity and at such other place as Lessor may from time to time designate by written notice to Lessee.
(b) The parties understand that as long as Lessee has sufficient appropriated funds to make the payments hereunder it will keep this agree-
ment in effect through all the renewal terms and make all payments or it will exercise its option under paragraph 13 to purchase the property.
If Lessee does not have sufficient appropriated funds so that the lease is not renewed for an available renewal tern, the Lessee shall not, until
the date on which the last renewal term would have ended, expend any funds for the purchase or use of property similar to the property subject
to this agreement. The preceeding sentence shall not apply if Lessee has purchased the property under paragraph 13.
(c) If the Lessee desires to cancel the lease for its convenience at the end of the initial term or any renewal term pursuant to paragraph 1,
Lessee shall pay to Lessor an amount equal to the sum of (i) the amount by which the Stipulated Value of the Property as of that date (as set forth
on Exhibit B) exceeds the amount received by Lessor upon sale of the Property, plus (ii) the costs and expenses incurred by Lessor in repossessing
and selling the Property. The additional payment shall be made prior to the end of the current lease term provided that if the amount of the addi-
tional payment cannot be ascertained prior to the end of the current lease term, Lessor shall estimate the additional amount, Lessee shall pay the
estimated amount and appropriate payments or refunds shall be made when the amount of the additional payment is ascertained.
3. Taxes; Permits. (a) Lessee agrees to pay. and to indemnify anti hold Lessor harmless from, all license, sales. use, personal property or other taxes
together with any penalties, fines or interest thereon imposed or levied with respect to the Property or the ownership, delivery, lease, possession, use, oper-
ation, sale or other disposition thereof or upon the rentals or earnings arising therefrom, except any federal or state income taxes payable by Lessor.
remay in good faith and by appropriate proceedings contest any such taxes so long as such proceedings do not involve any danger of sale, forfeiture
S
of the Property or any interest therein.
(b) Lessee shall provide all permits and licenses necessary for the installation, operation and use of the Property. Lessee shall comply with all
laws, rules, regulations and ordinances applicable to the installation, use, possession and operation of the Property. If compliance with any law, rule, regu-
lation, ordinance, permit or license, requires changes or additions to be made to the Property, such changes or additions shall be made by the Lessee at
its own expense.
4. Utilities. Lessee shall pay all charges for gas. water, steam, electricity. light, heat or power, telephone or other utility service furnished to or used
on the Property (including charges for installation of such services) during the term of this lease and any renewal terms. There shall be no abatement of
rent on account of the interruption of any such services.
5. Use. Lessee will not install, use, operate or maintain the Property improperly• carelessh. in violation of enc applicably law or in a manner rnn
trary to that contemplated by this agreement.
6. Repairs. (a) At its own cost and expense Lessee shall service, repair and maintain the Property so as to keep the Property in as good condition.
repair, appearance and working order as when delivered to Lessee hereunder. ordinary wear and tear excepted. At its own cost and expense Lessee shall
replace any anti all parts and devices which may from time to time become worn out, lost, stolen, destroyed, damaged beyond repair or rendered unfit
for use for any reason whatsoever. All such replacement parts, mechanisms and devices shall be free anti clear of all liens, encumbrances and rights of
others, shall become the property of Lessor anti shall be covered by this lease to the same extent as the Property originally covered by this lease.
(b) Lessor shall not be liable or responsible to Lessee for any loss, damage, liability or expense of any kind caused by or related to the Property,
or resulting from any defect in or deficiency of the Property, or resulting from the use or operation of the Property.
7. Alterations. Lessee may install such miscellaneous equipment as may be necessary for using the Property for its intended purposes. All such
equipment placed or installed on the Property may be removed by Lessee upon termination of the lease provided that removal will not substantially
damage the Property. Without the prior written consent of Lessor, Lessee shall not make any other alterations, changes, modifications, additions or im-
provements to the Property except those needed to comply with Lessee's obligation under paragraph 6. Any alterations, changes, modifications, additions
and improvements made to the Property shall immediately become the property of Lessor.
8. Liens. Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on
or with respect to the Property or any interest therein. Lessee shall promptly, at its own expense, take such action as may be necessary to duly dis-
charge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above if the same shall arise at any time.
9. Damage to or Destruction of Property. (a) In the event all or any part of the Property is lost, stolen, destroyed or damaged beyond repair,
Lessee shall replace the same at Lessee's sole cost and expense within 30 clays after such event anti such replacement shall be substituted in this lease by
appropriate endorsement. If Lessee fails or refuses to replace such Property within the required period. Lessor may at its option declare the portion
"e Stipulated Value (see Exhibit B) attributable to such Property clue and payable. Upon such payment this lease shall terminate with respect to
Property so paid' for and Lessee thereupon shall become entitled to such Property as -is -where -is without warranty, express or implied, with respect
.-, iy matter whatsoever except that such Property shall not be subject to any lien or encumbrance created by or arising through Lessor. All insurance
proceeds received by Lessor under the policies required under paragraph I I hereof with respect to the Property lost, stolen, destroyed or damaged beyond
repair shall be paid to Lessee if such Property is replaced by Lessee as required hereunder, or if Lessee fails or refuses to make the required replacement,
shall be credited against the amount of the Stipulated Value payable by Lessee.
(b) No loss or damage to the Property or any part thereof shall impose any obligation on Lessor under this lease which shall continue in full -
force and effect. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Property and for injuries or
deaths of persons and damage to property, howsoever arising from or incident to the use, operation or storage of the Property. whether such injury or
death be with respect to agents or employees of the Lessee or of thirst parties, and whether such damage to property be to Lessee's property or the
property of others.
10. Indemnification. Lessee hereby assumes liability for and agrees to indemnify, protect, save and keep harmless Lessor from and against any and
all liability, obligations, losses, damages, penalties, claims, actions. costs and expenses (including attorneys' fess) of whatsoever kind and nature im-
posed on, incurred by or asserted against Lessor which in any way relate to or arise out of ownership, delivery, lease, posse Sion. use, operation, condi-
tion, sale or other disposition of the Property.
11. Insurance. At its own cost and expense, Lessee shall cause casualty insurance to be carried and maintained on all Property and shall carry
public liability and property damage insurance, with all such coverage to be in such amounts, against such risks, in such form and with such insurers
as Lessor may specify from time to time. All insurance policies shall name both Lessor and Lessee as insureds. Insurance proceeds from casualty losses
to the extent of the Stipulated Value of the respective Property shall be payable solely to Lessor. Lessee shall deliver to Lessor the policies of evidence
of insurance satisfactory to Lessor, together with receipt for the initial premiums before the Property is delivered to Lessee. Renewal policies. together
with receipts showing payment of the applicable premiums, shall be delivered to lessor at least 30 clays before termination of the policies being renewed.
By endorsement upon the policy or by an independent instrument furnished to Lessor, each insurer shall agree that it will give Lessor at least 30 clays
written notice prior to cancellation or alteration of the policy. Lessee shall also carry workmen's compensation insurance covering all its employees
working on, in or about the Property and shall require any other person, corporation, partnership or other entity working on, in or about the Property
to carry such coverage, and will furnish to Lessor certificates evidencing such coverage throughout the term of this lease.
12. Representations and Warranties. (a) Lessor, at the request of Lessee, has ordered or shall order the Property described on Exhibit A. The
Property has been selected by Lessee and Lessor shall not be liable for specific performance of this lease or for damages, if, for any reason, the supplier
fails to accept such order or delays or fails to fill the order. Lessee agrees to accept such Property and authorizes Lessor to add the serial number of
the Property to Exhibit A. Lessor shall have no obligation to install, erect, test, inspect, or service the Property.
(b) Lessor hereby assigns to Lessee for and during the term of this lease all manufacturer warranties and guarantees, expressed or implied, issued
applicable to the Property and Lessor authorizes Lessee to obtain the customary services furnished in connection with such warranties and guar -
at Lessee's expense, Lessee acknowledges that the Property has been purchased by Lessor in accordance with Lessees specifications anti from ven-
6s selected by Lessee, that Lessor is not a manufacturer of or a dealer in such Property, that Lessor has matte no representation or warranty and as-
sumes no obligation with respect to the merchantability, condition, quality or fitness of the Property or the enforcement of the manufacturer's warranties
and guarantees.
(e) Lessee represents anti warrants that it has power to enter into this lease agreement, that all required procedures for execution of this lease
agreement, including competitive bidding if applicable, have been complied with, and that all rentals will be paid out of funds which are legally avail-
able for such purposes.
13. Option to Purchase. Lessee shall have the option to purchase the Property at the end of the initial or any renewal term for a purchase price
equal to the Stipulated Value of the Property as of the end of such term (as set forth on Exhibit B) . The purchase option is exercisable by written
notice to lessor not less than 30 clays prior to the end of the current lease term. The closing shall be within 10 days of the end of the lease term at
Page 1 of _6 pages
a r r
Pagu
°2
■
Lease No. M-10873
the offices of Lessor. At the closing Lessor will deliver to Lessee a bill of sale transferring the Property to Lessee free from any lien or encumbrance
created by or arising through Lessor, but without other warranties, and will deliver all warranties and guarantees of the dealers and manufacturers of
the Property.
14. Default. In the event Lessee fails to pay rent or any other amount herein provided when due and payable, or, in the event Lessee fails to
perform promptly any of the other obligations or covenants herein or under any other agreement between the parties, then in any such event Lessor
ursue one or more of the following remedies (which shall he cumulative and exercisable concurrently or separately) as Lessor in its sole discre-
t. e'iay elect
(a) Terminate this lease and repossess the Property leased hereunder, in which event the rent for the remainder of the term or any other charge
provided for herein which is unpaid shall become immediately due and payable.
(b) Repossess and lease the Property or any portion thereof for such period anti rental and to such other persons as Lessor may elect, anti
apply the proceeds,of any such leasing, after deducting the costs and expense of repossessing, repairing, storing and leasing, in payment of the rent and
the other obligations of Lessee hereunder.
(c) Repossess and sell the Property or any portion thereof at public or private sale without demand or notice of intention to sell and apply
the proceeds of any such sale, after deducting the costs and expenses of repossessing, repairing, storing and selling the Property (including attorneys'
fees not to exceed 18 percent of the balance of the rentals hereunder at the time of default) , in payment of the rent and other obligations of Lessee
hereunder. Lessor may purchase the Property at such sale.
(d) Any remedy available at law or in equity.
With respect to all such remedies, Lessee hereby expressly waives any damages occasioned by the repossession and if any Property has been lost. stolen,
lestroyed or damaged beyond repair, Lessee shall pay the Stipulated Value (less the credit for insurance proceeds) to Lessor.
15. Termination. Upon the expiration of this lease or the earlier termination thereof, Lessee shall return the Property to Lessor in the condition,
repair, appearance and working order required in paragraph 6 hereof (unless Lessee has paid Lessor the Stipulated Value for such Property) , in the
Following manner as may be specified by Lessor:
(a) By delivering the Property at Lessee's cost and expense to such place as Lessor shall specify within the continental United States.
(b) By loading such item of Property at Lessee's cost and expense, on board such carrier as Lessor shall specify and shipping the same, freight
3repaid, to the destination designated by Lessor. Lessee shall obtain all governmental authorizations to permit return of the Property to Lessor and Lessee
;hall pay to Lessor such sum as may be necessary to cover replacement of all broken or missing parts. Lessee shall pay rentals on the Property at the
rate provided in paragraph 2 and Exhibit B until the Lessee has delivered the Property to Lessor as provided in (a) and (b) above. including during
:he period of any delay caused by the lack of governmental authorization to return the Property to Lessor.
16. Assignment and Sublease. (a) Without the prior written consent of Lessor, Lessee shall not: (i) assign, transfer, pledge, or hypothecate this
lease, the Property or any part thereof, or any interest therein, or (ii) sublet the Property or any part thereof, or permit the Property to be used for
any purposes not permitted by paragraph 5. Consent to any of the foregoing prohibited acts shall not constitute a consent to any subsequent like act
:ir'Al
see or any other person.
(b) It is understood that Lessor may assign this lease or mortgage the Property and that said assignee may assign the same. All rights of Lessor
1.idermay he assigned, pledged, mortgaged, transferred or otherwise disposed of, either in whole or in part, without notice to or consent of the
Lessee. If Lessor assigns this lease or the rentals due or to become due hereunder, or any other interest herein, whether as security for any of its indebted-
iess or otherwise, no breach or default by Lessor hereunder or pursuant to any other agreement between Lessor or Lessee, should there be one, shall
-xcuse performance by Lessee of any provision hereof.
171 Personal Property. The Property is and shall at all time be and remain personal property notwithstanding that the Property of any part
:hereof may now be or hereafter become in any manner affixed or attached to or embedded in or permanently rested upon real property or any build -
.ng thereon or attached in any manner to what is permanent by any means of cement, plaster, nails, bolts, screws or otherwise.
18. Title. Title to the Property shall be in the Lessee, subject to the terms and conditions of this Agreement and Lessee's obligations hereunder.
.essor represents and warrants that it has not created any lien or encumbrance on the Property except the lien for payment of the amount due under
:he Contract. Title shall immediately vest in Lessor if Lessee shall default or terminate hereunder. Seller shall at all times have access to the Property
'or the purpose of inspecting it, observing its operations or of altering, repairing and improving the Property.
19. Lessor's Right to Perform for Lessee. If Lessee fails to make any payment or fails to perform or comply with any of its covenants or obli-
,rations, Lessor may at its election, make such payment or perform or comply with such covenants and obligations and the amount of such payment and
.he expenses incurred by Lessor in performing or complying with such covenants and obligations, as the case may be, together with interest thereon at
he highest legal rate shall be deemed additional rent payable by Lessee upon demand.
20. Interest. If Lessee fails to pay any rental or other amount due hereunder within 10 days after the due date thereof, Lessee shall pay to Lessor
nterest on such delinquent payment from the due date until paid at the rate of 18_ percent per annum.
21. Offset. Rentals or other sums payable by Lessee pursuant to this lease shall not be subject to set-off, deduction, counterclaim or abatement and
:cssee shall not be entitled to any credit against such rental or other sums for any reason whatsoever, including, but not limited to any damage or
lestruction of the Property or any restriction or interference with, Lessee's use of the Property.
22. Non -waiver. No covenant or obligation to be performed by Lessee may be waived except by the written consent of Lessor. Forbearance or in-
lulgence by Lessor in any regard whatsoever shall not constitute a waiver of the covenant or obligation and until complete performance by Lessee of
aid covenant or obligation Lessor shall be entitled to invoke any remedy available to it under this lease despite said forbearance or indulgence. No
:ollection of rent shall operate as a waiver of any default.
Notices. All notices to be given under this lease shall be made in writing and mailed to the other party at its address set forth herein or at
3dress as the party may provide in writing from time to time. Any such notice shall be deemed to have been received 72 hours after mailing.
24. Additional Provision. The provisions set forth on Addendum I to this instrument are incorporated herein by reference and are made a part
�f the agreement between the parties.
25. Miscellaneous. (a) This agreement shall be construed and governed in accordance with the laws of the State of Colorado.
(b) This agreement and the exhibits attached hereto constitute the entire agreement between the parties and this agreement shall not be modified,
mended, altered or changed except by a written document signed by both parties.
(c) Any provision of this agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating
he remainder of this agreement.
(d) Subject to the provision of paragraph 16, this lease shall be binding upon and inure to the benefit of the parties and their respective suc-
essors and assigns.
IN WITNESS WHEREOF, ,the parties have executed this agreement this 10th day of March 1979
tTTEST: LESSOR: \ ,
ECOLEASCO d/b/a
MUNIC PAL FUNDIN CQRPORATION OF AMERICA
By
Donald D. Ward
e T '::nta lin 6xpise5 December 12,, 1982 Title F ,rte ,t;-xzP V.1CQ PraGi dant
r
LESSEE: Eagle County, Colorado
By
,Authfizedkepresentative
Authorized
Authorized Representative
Page of 6 pages
®. MuniI Funding Corporation of Amo�1'-a
15., 4,, . Madison Street, Suite 301
Denver, Colorado 80209
(303) 388-5775
Lease No. M-10$73
Exhibit "A"
I)ESCRIP"I'ION OF PROPERTY
One (1) 1979 Ford Tractor, Model LT -9000
Serial No. U-90LVEA6502
Page 3 of 6 pages
Mu�7'pa[ Funding Corporation o erica
5 So. Madison Street, Suite 301
Denver Colorado 80209
PRIf• CIPAL
T
OUTSTANDING INTEREST
i 200. 0141
1
(303) 388-5775
Exhibit "Bf1
PRINCIPAL
REPAYMENT PAYMENT
Lease No. 10-10873
TAXES TOTAL STIPULATEIi
IiUE PAYMENT VALUE
36578.90
==,9.45
621.10
960.55
kc
Elm
0.00
Mu�7'pa[ Funding Corporation o erica
5 So. Madison Street, Suite 301
Denver Colorado 80209
PRIf• CIPAL
T
OUTSTANDING INTEREST
i 200. 0141
1
(303) 388-5775
Exhibit "Bf1
PRINCIPAL
REPAYMENT PAYMENT
Lease No. 10-10873
TAXES TOTAL STIPULATEIi
IiUE PAYMENT VALUE
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960.55
2853.07
f_,
1895.11
._c._2
934.73
960.
5t
0.00
960.55
9
1906.79
t'
951.85
17.29
943.26
0.00
960.55
955.77
0.00
8.70
'ac1.=;5
960.55
0.041
960.55
0.00
ALS
8906.40
37200- 00
4610E.40
0.041
4610x.. 441
l
First rental payment due upon delivery of Property to Lessee. Subsequent rental payments due on ___W±f
day of each Vyo'+"l� commencing May 10, 19 79
Page 4 of 6 pages
' k
Municipal Funding Corporation of America
155 So. Madison Street, Suite 301 M-10873
Denver, Colorado 80209 No.
(303) 388-5775
MUNICIPAL CERTIFICATE
j, L..l lu(p 7 (s)r P4=1 �uRC►kRS t ► t t, ��ces uT
of Eagle County, Colorado hereby certify that the
Municipal Lease and Option Agreement dated SylARCA 4. y 19T_ between Municipal
Funding Corporation of America, as Lessor and Eagle County, Colorado
as Lessee, leasing the Property described in Exhibit "A" attached to the Municipal Lease and Option
Agreement, was executed by me on the
day of
19 ;
that I have full power and authority to execute the Municipal Lease and Option Agreement and that
the power to enter into the Municipal Lease and Option Agreement granted to me by the
Eagle County, Colorado has not been withdrawn, and that all required procedures
necessary to make the Municipal Lease and Option Agreement a legal and binding obligation of the
Lessee have been followed. I also do hereby certify that payments due by the
_Eaglp County, Colorado under the Municipal Lease and Option Agreement referred
herein for the current lease term are within the current budget and within an available, unexhausted
and unencumbered appropriation of the Eagle County, Colorado
IIS' WITNESS WHEREOF, I have set my hand this �� day of
'19 179
Attest -
(Signa[ e)
�((Tritle)
Agennc�y Official: (?,;—L L
(S-rnature)
Page -5- of --6 pages
(Title)