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Home My WebLink AboutC22-141 Power Equipment CompanyThe following Lease is made by and between Power Equipment Company (Owner) whose address is 500 E. 62nd. Avenue, P.O. Box 28, Denver, CO 80201 and EAGLE COUNTY ROAD & BRIDGE (Lessee), whose address is: P.O. BOX 850, EAGLE, CO 81031 EQUIPMENT LEASE Stock #Year Make Model Serial Number Rental Rate Equipment Value 1. Lease: Owner agrees to lease the Customer the following items (the "Equipment") subject to the terms and conditions set forth below. John Harris John.harris@eaglecounty.us 970-328-3542 Description SMA SCALPER107T 107T-1187 $13,425.00 $225,000.002021EQ0010194SCALPER 107T per Month $13,425.00Rental Total: 2. JOB LOCATION: The Equipment shall be used at the following job location, unless otherwise agreed to in writing by Owner. Job Location: 1050 JW Dr, El Jebel, CO 81623, Eagle County 3. LEASE TERM: The term of this lease shall commence on the date of delivery, currently scheduled for Wednesday, March 23, 2022, and shall continue until terminated by customer. For the purpose of this contract a one month period is equal to 28 days. 4. RENT: Lessee agrees to pay rent to Owner at the above address for the Equipment in Monthly Installments of $13,425.00, net due upon receipt of invoice. 5. HOURS OF OPERATION: Customer agrees to operate the Equipment no more than 176 hours per month. If the Equipment is operated more than the stated hours, Lessee agrees to pay additional rent of $76.28 per hour or part thereof. Lessee agrees to notify Owner in writing of all such excess hours within the month period such hours are accrued. Such additional rent is due net upon invoice. 6. DELIVERY AND POSSESSION: Lessee shall take possession of the Equipment at the Customer Job Location and shall pay all charges for loading, unloading, and transportation of the Equipment to the job location and its return to Owner’s possession at the Owner's location. Lessee shall inspect the Equipment within forty-eight hours after taking possession. Unless Customer within that time gives written notice to the Owner specifying any objection to the Equipment, it shall be conclusively presumed that the Lessee has fully inspected the Equipment, has found the Equipment in good condition and repair, and has accepted the Equipment. 7. ADDITIONAL RENT: If the Equipment has not been returned to Owner at the expiration of the term, Lessee agrees to pay rent from the expiration of the term until the Equipment is delivered to Owner's possession. Such rent shall be computed and paid on a monthly basis, at the same pro rata rate and upon the same terms as the original term of this Lease. 8. USE: Lessee shall: (a) Use the Equipment in a careful and proper manner, and not permit the Equipment to be neglected or abused or to be used for any purpose for which it is not designed or intended; (b) Comply with all laws, ordinances and regulations relating to the transportation, possession, use, or maintenance of the Equipment; (c) Keep affixed all Owner or Manufacturer supplied labels, plates, warning or other markings in a proper and appropriate place on the Equipment; (d) Cause the Equipment to be operated by trained and competent employees only, knowledgeable in the function, operation and all safety features of the Equipment; and (e) Pay all expenses of operation. 9. ENVIRONMENTAL FEE: Due to the hazardous nature of some waste and other products, to comply with federal and state environmental regulations, and to promote a clean environment, Owner charges an Environmental Service charge. The is not a government-mandated charge. Lessee acknowledges the items indicated above are subject to the Environmental Service Charge and agrees to pay that charge. 10. REPAIR AND MAINTENANCE: Lessee agrees to keep the Equipment in good repair and perform all manufacturers recommended periodic maintenance at Lessee's sole expense, and to return the Equipment in good repair and at the termination of this Lease. For the purpose of this Lease, “good repair” shall mean in full operating condition and working order, with all parts of the Equipment in the substantially equivalent condition as when the Equipment was delivered to the Lessee. Lessee at its sole expense shall repair or replace any and all parts, mechanisms, or devices required to keep the Equipment in good repair. Any replacement parts incorporated into the Equipment shall immediately become the property of the Owner. In the event the Equipment for any reason is not in good repair when returned to the Owner, Lessee agrees to pay all reasonable charges and expenses incurred by the Owner in repairing the equipment. 11. ADDITION OF ACCESSORIES: Lessee will not, without the written consent of the Owner, install any accessories or devices on the Equipment if such installation will impair the originally-intended function or use of the Equipment. Such items installed on the Equipment shall automatically become the property of the Owner unless such item can be removed without in any way affecting the function, use or appearance of the Equipment. Any damage to the Equipment caused by the removal of such items shall be repaired at Lessee's expense. 12. PERSONAL PROPERTY: The Equipment is, and shall at all times remain, personal property. If all or any part of the Equipment is attached to, imbedded in or permanently resting upon any real property or any building thereon, or attached in any manner to what is permanent, by means of cement, plaster, nails, bolts, screws or otherwise, the Equipment shall nonetheless remain personal property. 13. INSPECTION BY OWNER: Lessee shall, whenever requested, advise Owner of the exact location of the Equipment. Owner and its representatives may, for the purposes of inspection, at all reasonable times, enter upon any job, building or place where the Equipment is located. Owner may remove the Equipment without notice to the Lessee if, in the opinion of the Owner, the Equipment is being used beyond its capacity or in any other manner improperly cared for or abused. 14. TITLE, ASSIGNMENTS, AND ENCUMBRANCES: All of this Equipment shall remain personal property and title thereto shall remain in Owner exclusively. Neither this Lease, nor the Lessee's rights hereunder shall be assignable except with the Owner’s written consent. Lessee shall not lease, sublease, mortgage or otherwise encumber or part with possession of the Equipment or any part thereof, except with the written consent of the Owner. Lessee shall keep the Equipment free from any and all liens and claims, and shall not do or permit any act or omission whereby Owner’s title or rights may be encumbered or impaired. Lessee agrees to pay all license fees and taxes applicable to the Lease, other than income taxes and personal property taxes and license fees on the Equipment. The Lessee shall also provide all permits, if any, necessary for the installation, movement and operation of the Equipment or any parts thereof. 15. WARRANTIES: It is expressly agreed that, except as stated below, THE OWNER HAS MADE AND MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MECHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. ANY DEFECT IN, OR UNFITNESS OF THE EQUIPMENT SHALL NOT RELIEVE THE LESSEE FROM THE OBLIGATION TO PAY RENT OR ANY OBLIGATION UNDER THIS LEASE. Lessee represents that it is skilled and experienced in the use and operation of the Equipment, and makes the selection and decision on whether to lease on the basis of Lessee's own judgment, without reliance on any statements or representations by Owner. It is expressly agreed that Lessee shall take the equipment as is, except as stated herein. It is further agreed that Owner extends no warranties or guarantees for new Equipment. Owner shall extend and transfer unto Lessee all of the vendor’s warranties and guarantees, if any, for new Equipment. Notwithstanding any failure of the vendor to honor any warranty or guarantee, Lessee agrees to maintain the Equipment in good repair, as described herein, and to make all rental payments required herein. 16. INSURANCE: During all times the equipment is in Lessee's possession. Lessee shall keep the Equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value of the Equipment as determined by Owner, and shall carry public liability, contractual liability, and property damage insurance covering the Equipment, its operation and use. All such insurance shall be in the form and amount and with companies approved by the Owner, and shall designate Owner and Lessee as insureds under such policy. Lessee shall pay the premium for such insurance, and shall deliver to Owner a copy of such policy or a certificate of insurance executed by the insurer prior to taking possession of the Equipment. Such policies shall explicitly provide that the insurer shall give Owner thirty days written notice before the policy in question shall be altered or canceled. The proceeds of such DocuSign Envelope ID: AD3698CD-137A-48CF-AFC9-B1EF892AE972 insurance, at the option of the Owner, shall be applied: (a) toward the replacement, restoration, or repair of the Equipment, or (b) toward payment of the obligations of the Customer hereunder. If the Owner has failed to receive policies or certificates of insurance in accordance with this paragraph, the Owner shall, at Owner’s option, have the right to (a) declare this Lease in default and exercise its remedies as set forth below, or (b) procure such insurance, in which event Lessee shall reimburse Owner for the cost of procuring insurance, which amount shall be payable in its entirety on the next rental payment date or within thirty days, whichever is sooner. 17.SUBSTITUTION: Owner shall have the absolute right to substitute the Equipment with substantially similar equipment in approximately the same or better condition and of similar size and capacity ratings upon 24 hours of notice to Lessee. Upon Owner’s notice to Lessee, Lessee shall advise Owner of the exact location of the Equipment and a 2-hour window during normal business hours (7:30 AM to 6:30 PM local time) within 24 hours of Owner’s notice to Lessee, during which Lessee will have the Equipment accessible and available for removal, and Owner will schedule delivery of the replacement Equipment and removal of the original Equipment, at Owner’s sole expense. Owner shall attempt to schedule such substitution of Equipment so that it minimizes impact to Lessee’s use of the Equipment, but in no case will Owner be prohibited or unduly delayed in accomplishing delivery of the replacement Equipment and removal of the original Equipment. For the avoidance of doubt, such Equipment substitution process shall not cause Owner to be liable to Lessee or any third party for any delay, disruption, suspension, or other damages, nor will such substitution process entitle Lessee to any reduction in Rental Rate or Rent due for its use of the Equipment. 18.INDEMNITY: Intentionally Omitted. 19.DEFAULT: If Lessee fails to perform any obligation required herein or to pay any sum when due, or if an attachment is levied against the Equipment or attempted by a creditor of the Lessee, or if the condition of the affairs of the Lessee or any guarantor changes so as to, in the sole opinion of the Owner, significantly increase the Owner’s risk of loss, the Owner shall have the right to exercise one or more of the following remedies: (a) To declare the entire amount of rent hereunder immediately due and payable as to any and all items of Equipment, without any notice or demand to the Customer; (b)To sue for and recover all rents, and other payments then accrued, or thereafter accruing with respect to any or all items of Equipment; (c) To take possession of the Equipment, without demand or notice, wherever the same may be located, without any court order or other process of law. The Lessee hereby waives any damage occasioned by such taking of possession. Such taking of possession shall not constitute a termination of this lease unless the Owner expressly so notifies the Lessee in writing; (d) To terminate this Lease to any or all items of Equipment; (e) pursue any other remedy at law or in equity. Notwithstanding any such repossession or other action, which Owner may take, the Lessee shall remain liable for the full performance of all obligations under this Lease. In the event Owner regains possession of the Equipment, Owner may relet the Equipment for a term and at a rental which may be equal to, greater than, or less than the rental and term herein provided. Any rental payments received under the new Lease for the period prior to the expiration of this Lease, less Owner’s expenses of taking possession, storage, reconditioning and releasing, shall be applied on Lessee’s obligations here-under, and Lessee shall remain liable for the balance of the unpaid aggregate rental set forth above. Lessee’s liability shall not be reduced by reason of any failure of the Owner to relet. Lessee hereby agrees to pay all expenses, including all attorneys’ fees and expenses, which may be incurred by Owner in enforcing this agreement, or in collecting the rent provided herein, or in repossessing the Equipment. 20.INTEREST AND ATTORNEY'S FEES: Intentionally Omitted. 21.CHOICE OF LAW AND FORUM: This agreement shall be enforced and construed pursuant to the laws of the State of Colorado. Any action to enforce, interpret, construe, or collect damages under this Lease, or for any claims arising our of the manufacture, sale, selection, use, operation, maintenance, or repair of the Equipment, shall be brought in the District Court for the City and County of Denver, Colorado. Owner and Customer, and any guarantors of this Lease, hereby agree to the jurisdiction of such court. 22.GENERAL CONDITIONS: (a) Time is of the essence to this Lease. (b) Owner’s failure at any time to require strict performance by Lessee of any of the provisions of this Lease shall not waive or diminish Owner’s right thereafter to demand strict compliance therewith or with any provision. (c) Waiver of any default shall not waive any other default. (d) Any alteration or modification of this Lease shall be in writing and signed by the Owner and Lessee. (e) This Lease constitutes the entire agreement of the parties, and supersedes all prior representations or agreements between the parties. 23.OTHER CONDITIONS: Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). By: ______________________________________________ Title: _____________________________________________ Power Equipment Company, Owner Date: _____________________________________________ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager DocuSign Envelope ID: AD3698CD-137A-48CF-AFC9-B1EF892AE972 4/5/2022 Sales The following Lease is made by and between Power Equipment Company (Owner) whose address is 500 E. 62nd. Avenue, P.O. Box 28, Denver, CO 80201 and EAGLE COUNTY ROAD & BRIDGE (Lessee), whose address is: P.O. BOX 850, EAGLE, CO 81031 EQUIPMENT LEASE Stock #Year Make Model Serial Number Rental Rate Equipment Value 1. Lease: Owner agrees to lease the Customer the following items (the "Equipment") subject to the terms and conditions set forth below. John Harris John.harris@eaglecounty.us 970-328-3542 Description SUP 36"X60'PRS 1796983 $2,350.00 $55,000.002021EQ001002136" X 60' PRS per Month $2,350.00Rental Total: 2. JOB LOCATION: The Equipment shall be used at the following job location, unless otherwise agreed to in writing by Owner. Job Location: 1050 JW Dr, El Jebel, CO 81623, Eagle County 3. LEASE TERM: The term of this lease shall commence on the date of delivery, currently scheduled for Wednesday, March 23, 2022, and shall continue until terminated by customer. For the purpose of this contract a one month period is equal to 28 days. 4. RENT: Lessee agrees to pay rent to Owner at the above address for the Equipment in Monthly Installments of $2,350.00, net due upon receipt of invoice. 5. HOURS OF OPERATION: Customer agrees to operate the Equipment no more than 176 hours per month. If the Equipment is operated more than the stated hours, Lessee agrees to pay additional rent of $13.35 per hour or part thereof. Lessee agrees to notify Owner in writing of all such excess hours within the month period such hours are accrued. Such additional rent is due net upon invoice. 6. DELIVERY AND POSSESSION: Lessee shall take possession of the Equipment at the Grand Junction, CO facility of Power Equipment Company and shall pay all charges for loading, unloading, and transportation of the Equipment to the job location and its return to Owner’s possession at the Owner's location. Lessee shall inspect the Equipment within forty-eight hours after taking possession. Unless Customer within that time gives written notice to the Owner specifying any objection to the Equipment, it shall be conclusively presumed that the Lessee has fully inspected the Equipment, has found the Equipment in good condition and repair, and has accepted the Equipment. 7. ADDITIONAL RENT: If the Equipment has not been returned to Owner at the expiration of the term, Lessee agrees to pay rent from the expiration of the term until the Equipment is delivered to Owner's possession. Such rent shall be computed and paid on a monthly basis, at the same pro rata rate and upon the same terms as the original term of this Lease. 8. USE: Lessee shall: (a) Use the Equipment in a careful and proper manner, and not permit the Equipment to be neglected or abused or to be used for any purpose for which it is not designed or intended; (b) Comply with all laws, ordinances and regulations relating to the transportation, possession, use, or maintenance of the Equipment; (c) Keep affixed all Owner or Manufacturer supplied labels, plates, warning or other markings in a proper and appropriate place on the Equipment; (d) Cause the Equipment to be operated by trained and competent employees only, knowledgeable in the function, operation and all safety features of the Equipment; and (e) Pay all expenses of operation. 9. ENVIRONMENTAL FEE: Due to the hazardous nature of some waste and other products, to comply with federal and state environmental regulations, and to promote a clean environment, Owner charges an Environmental Service charge. The is not a government-mandated charge. Lessee acknowledges the items indicated above are subject to the Environmental Service Charge and agrees to pay that charge. 10. REPAIR AND MAINTENANCE: Lessee agrees to keep the Equipment in good repair and perform all manufacturers recommended periodic maintenance at Lessee's sole expense, and to return the Equipment in good repair and at the termination of this Lease. For the purpose of this Lease, “good repair” shall mean in full operating condition and working order, with all parts of the Equipment in the substantially equivalent condition as when the Equipment was delivered to the Lessee. Lessee at its sole expense shall repair or replace any and all parts, mechanisms, or devices required to keep the Equipment in good repair. Any replacement parts incorporated into the Equipment shall immediately become the property of the Owner. In the event the Equipment for any reason is not in good repair when returned to the Owner, Lessee agrees to pay all reasonable charges and expenses incurred by the Owner in repairing the equipment. 11. ADDITION OF ACCESSORIES: Lessee will not, without the written consent of the Owner, install any accessories or devices on the Equipment if such installation will impair the originally-intended function or use of the Equipment. Such items installed on the Equipment shall automatically become the property of the Owner unless such item can be removed without in any way affecting the function, use or appearance of the Equipment. Any damage to the Equipment caused by the removal of such items shall be repaired at Lessee's expense. 12. PERSONAL PROPERTY: The Equipment is, and shall at all times remain, personal property. If all or any part of the Equipment is attached to, imbedded in or permanently resting upon any real property or any building thereon, or attached in any manner to what is permanent, by means of cement, plaster, nails, bolts, screws or otherwise, the Equipment shall nonetheless remain personal property. 13. INSPECTION BY OWNER: Lessee shall, whenever requested, advise Owner of the exact location of the Equipment. Owner and its representatives may, for the purposes of inspection, at all reasonable times, enter upon any job, building or place where the Equipment is located. Owner may remove the Equipment without notice to the Lessee if, in the opinion of the Owner, the Equipment is being used beyond its capacity or in any other manner improperly cared for or abused. 14. TITLE, ASSIGNMENTS, AND ENCUMBRANCES: All of this Equipment shall remain personal property and title thereto shall remain in Owner exclusively. Neither this Lease, nor the Lessee's rights hereunder shall be assignable except with the Owner’s written consent. Lessee shall not lease, sublease, mortgage or otherwise encumber or part with possession of the Equipment or any part thereof, except with the written consent of the Owner. Lessee shall keep the Equipment free from any and all liens and claims, and shall not do or permit any act or omission whereby Owner’s title or rights may be encumbered or impaired. Lessee agrees to pay all license fees and taxes applicable to the Lease, other than income taxes and personal property taxes and license fees on the Equipment. The Lessee shall also provide all permits, if any, necessary for the installation, movement and operation of the Equipment or any parts thereof. 15. WARRANTIES: It is expressly agreed that, except as stated below, THE OWNER HAS MADE AND MAKES NO EXPRESS OR IMPLIED WARRANTIES AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE CONDITION OF THE EQUIPMENT, ITS MECHANTABILITY, OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. ANY DEFECT IN, OR UNFITNESS OF THE EQUIPMENT SHALL NOT RELIEVE THE LESSEE FROM THE OBLIGATION TO PAY RENT OR ANY OBLIGATION UNDER THIS LEASE. Lessee represents that it is skilled and experienced in the use and operation of the Equipment, and makes the selection and decision on whether to lease on the basis of Lessee's own judgment, without reliance on any statements or representations by Owner. It is expressly agreed that Lessee shall take the equipment as is, except as stated herein. It is further agreed that Owner extends no warranties or guarantees for new Equipment. Owner shall extend and transfer unto Lessee all of the vendor’s warranties and guarantees, if any, for new Equipment. Notwithstanding any failure of the vendor to honor any warranty or guarantee, Lessee agrees to maintain the Equipment in good repair, as described herein, and to make all rental payments required herein. 16. INSURANCE: During all times the equipment is in Lessee's possession. Lessee shall keep the Equipment insured against all risks of loss or damage from every cause whatsoever for not less than the full replacement value of the Equipment as determined by Owner, and shall carry public liability, contractual liability, and property damage insurance covering the Equipment, its operation and use. All such insurance shall be in the form and amount and with companies approved by the Owner, and shall designate Owner and Lessee as insureds under such policy. Lessee shall pay the premium for such insurance, and shall deliver to Owner a copy of such policy or a certificate of insurance executed by the insurer prior to taking possession of the Equipment. Such policies shall explicitly provide that the insurer shall give Owner thirty days written notice before the policy in question shall be altered or canceled. The proceeds of such DocuSign Envelope ID: AD3698CD-137A-48CF-AFC9-B1EF892AE972 insurance, at the option of the Owner, shall be applied: (a) toward the replacement, restoration, or repair of the Equipment, or (b) toward payment of the obligations of the Customer hereunder. If the Owner has failed to receive policies or certificates of insurance in accordance with this paragraph, the Owner shall, at Owner’s option, have the right to (a) declare this Lease in default and exercise its remedies as set forth below, or (b) procure such insurance, in which event Lessee shall reimburse Owner for the cost of procuring insurance, which amount shall be payable in its entirety on the next rental payment date or within thirty days, whichever is sooner. 17.SUBSTITUTION: Owner shall have the absolute right to substitute the Equipment with substantially similar equipment in approximately the same or better condition and of similar size and capacity ratings upon 24 hours of notice to Lessee. Upon Owner’s notice to Lessee, Lessee shall advise Owner of the exact location of the Equipment and a 2-hour window during normal business hours (7:30 AM to 6:30 PM local time) within 24 hours of Owner’s notice to Lessee, during which Lessee will have the Equipment accessible and available for removal, and Owner will schedule delivery of the replacement Equipment and removal of the original Equipment, at Owner’s sole expense. Owner shall attempt to schedule such substitution of Equipment so that it minimizes impact to Lessee’s use of the Equipment, but in no case will Owner be prohibited or unduly delayed in accomplishing delivery of the replacement Equipment and removal of the original Equipment. For the avoidance of doubt, such Equipment substitution process shall not cause Owner to be liable to Lessee or any third party for any delay, disruption, suspension, or other damages, nor will such substitution process entitle Lessee to any reduction in Rental Rate or Rent due for its use of the Equipment. 18.INDEMNITY: Intentionally Omitted. 19.DEFAULT: If Lessee fails to perform any obligation required herein or to pay any sum when due, or if an attachment is levied against the Equipment or attempted by a creditor of the Lessee, or if the condition of the affairs of the Lessee or any guarantor changes so as to, in the sole opinion of the Owner, significantly increase the Owner’s risk of loss, the Owner shall have the right to exercise one or more of the following remedies: (a) To declare the entire amount of rent hereunder immediately due and payable as to any and all items of Equipment, without any notice or demand to the Customer; (b)To sue for and recover all rents, and other payments then accrued, or thereafter accruing with respect to any or all items of Equipment; (c) To take possession of the Equipment, without demand or notice, wherever the same may be located, without any court order or other process of law. The Lessee hereby waives any damage occasioned by such taking of possession. Such taking of possession shall not constitute a termination of this lease unless the Owner expressly so notifies the Lessee in writing; (d) To terminate this Lease to any or all items of Equipment; (e) pursue any other remedy at law or in equity. Notwithstanding any such repossession or other action, which Owner may take, the Lessee shall remain liable for the full performance of all obligations under this Lease. In the event Owner regains possession of the Equipment, Owner may relet the Equipment for a term and at a rental which may be equal to, greater than, or less than the rental and term herein provided. Any rental payments received under the new Lease for the period prior to the expiration of this Lease, less Owner’s expenses of taking possession, storage, reconditioning and releasing, shall be applied on Lessee’s obligations here-under, and Lessee shall remain liable for the balance of the unpaid aggregate rental set forth above. Lessee’s liability shall not be reduced by reason of any failure of the Owner to relet. Lessee hereby agrees to pay all expenses, including all attorneys’ fees and expenses, which may be incurred by Owner in enforcing this agreement, or in collecting the rent provided herein, or in repossessing the Equipment. 20.INTEREST AND ATTORNEY'S FEES: Intentionally Omitted. 21.CHOICE OF LAW AND FORUM: This agreement shall be enforced and construed pursuant to the laws of the State of Colorado. Any action to enforce, interpret, construe, or collect damages under this Lease, or for any claims arising our of the manufacture, sale, selection, use, operation, maintenance, or repair of the Equipment, shall be brought in the District Court for the City and County of Denver, Colorado. Owner and Customer, and any guarantors of this Lease, hereby agree to the jurisdiction of such court. 22.GENERAL CONDITIONS: (a) Time is of the essence to this Lease. (b) Owner’s failure at any time to require strict performance by Lessee of any of the provisions of this Lease shall not waive or diminish Owner’s right thereafter to demand strict compliance therewith or with any provision. (c) Waiver of any default shall not waive any other default. (d) Any alteration or modification of this Lease shall be in writing and signed by the Owner and Lessee. (e) This Lease constitutes the entire agreement of the parties, and supersedes all prior representations or agreements between the parties. 23.OTHER CONDITIONS: Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Vendor in respect of any period after December 31 of any year, without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). By: ______________________________________________ Title: _____________________________________________ Power Equipment Company, Owner Date: _____________________________________________ COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By: ______________________________ Jeff Shroll, County Manager DocuSign Envelope ID: AD3698CD-137A-48CF-AFC9-B1EF892AE972 4/5/2022 Sales INSURER(S) AFFORDING COVERAGE NAIC # INSURER F : INSURER E : INSURER D : NAME:CONTACT INSURER C : INSURER B : (A/C, No):FAX E-MAILADDRESS: CUSTOMER ID: PRODUCER PRODUCER (A/C, No, Ext):PHONE INSURED INSURER A : The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. LOCATION OF PREMISES / DESCRIPTION OF PROPERTY (Attach ACORD 101, Additional Remarks Schedule, if more space is required) REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES $$ $BOILER & MACHINERY / EQUIPMENT BREAKDOWN $ $ $ TYPE OF POLICY CRIME POLICY NUMBER $ $ $ $ NAMED PERILS CAUSES OF LOSS TYPE OF POLICYINLAND MARINE $ RENTAL VALUE CONTENTS BUILDING DEDUCTIBLES WIND $ $ $ $ $ $ $ $ $ BLANKET BLDG & PP BLANKET PERS PROP BLANKET BUILDING EXTRA EXPENSE BUSINESS INCOME PERSONAL PROPERTY BUILDING FLOOD EARTHQUAKE SPECIAL BROAD BASIC CAUSES OF LOSS PROPERTY POLICY EXPIRATION DATE (MM/DD/YYYY) POLICY EFFECTIVE DATE (MM/DD/YYYY) INSR LTR LIMITSCOVERED PROPERTYPOLICY NUMBERTYPE OF INSURANCE $$ $ SPECIAL CONDITIONS / OTHER COVERAGES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) © 1995-2015 ACORD CORPORATION. All rights reserved. ACORD 24 (2016/03) AUTHORIZED REPRESENTATIVE CANCELLATION CERTIFICATE OF PROPERTY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE HOLDER 3/25/2022 Arthur J.Gallagher Risk Management Services,Inc. 6300 South Syracuse Way Suite 700 Centennial CO 80111 303-773-9999 303-773-9776 EAGLCOU-04 License#:BR-724491 Eagle County,Colorado P.O.Box 850 500 Broadway Eagle CO 81631 Zurich American Insurance Company 16535 1735607886 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. A X X X Deductible 50,000 X W/H Ded.2%/$250Kmin ERP721349801 1/1/2022 1/1/2023 X 150,000,000 Earth Movement 25,000,000 X Flood Aggregate 10,000,000 A MIsc.Unnamed Locations ERP721349801 1/1/2022 1/1/2023 X Blanket BLDG&PP 1,000,000 RE:Lease/Rental of 2021 SMA,Scalper107T,Serial #107T-1187;approximate valuation-$225,000 /2021 SUP,36"x60'PRS,Serial #1796983;approximate value $55,000 Evidence of Coverage Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Power Equipment Company 500 East 62nd Avenue PO Box 28 Denver CO 80201 DocuSign Envelope ID: AD3698CD-137A-48CF-AFC9-B1EF892AE972