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FMC Corp/Fire Truck Lease 85FMC CORPORATION Fire Apparatus Operation Oakdale, California LEASE PURCHASE AGREEMENT THIS LEASE, made and entered into this 1ST day of DEC. , 19 85 , by and between FMC Corporation, Fire Apparatus Operation, a Delaware Corporation with its plant office in Oakdale, California, and its principal office in Chicago, Illinois (hereinafter referred to as "FMC"), and the CITY OF LQ QUINTA political sub -division organized and existing under and by virtue of the laws of said state (hereinafter referred to as "LESSEE"). WITNESSETH WHEREAS LESSEE has available funds which it may lawfully expend for the purpose hereinafter set forth; and WHEREAS in executing this agreement, LESSEE warrants that it is acting by authority of and in accordance with all applicable provisions of law; NOW, THEREFORE, in consideration of the promises herein made each to the other, the parties hereto agree as follows: FMC herebyleases to LESSEE and LESSEE hires from FMC the following described equipment upon the terms and conditions hereinafter stated, to wit: 1. Description of Equipment: ONE FMC-VAN PELT - SPARTAN TRIPLE COMBINATION PUMPER, SN S29XT6FO7FC423859 VAN PELT #831465 2. Delivery: FMC shall deliver said equipment to LESSEE on or about WEEK OF NOVEMBER 26, 1985 3. Use of Equipment: Said equipment shall be used by LESSEE for the purpose of fire prevention and as fire -fighting equipment, and for such 1 USE OF EQUIPMENT (continued) other purposes as shall be customary or necessary in the conduct of and maintenance of a fire department. 4. Terms and Rental: The term of this lease shall be the period of ONE YEAR from and including the 1ST day of DEC. , 19 85 to and including the 30TH day of NOV. 1986, the rental of said period to be $37,734.19 paid by LESSEE to FMC upon delivery of equipment herein leased. 5. Maintenance of Equipment: LESSEE, at its own expense, shall (a) keep said equipment in good repair through the term of this lease, (b) furnish all necessary repair parts and install them, and (c) furnish the labor required to operate, adjust, and attend said equipment. 6. TAXES: LESSEE shall pay all taxes or assessments of every kind and character which may be levied upon or assessed against said equipment, and also any Federal, State, County or Municipal sales, use, compensating, intangibles, gross income, or like tax, however designated, which is levied or based upon the rental collected by FMC hereunder, or upon the lease transaction or upon the use of said equipment, but not including taxes payable upon net income of FMC. LESSEE hereby agrees to exonerate, indemnify and save FMC harmless from and against any and all cost or expense which may accrue to or be sustained by FMC on account of LESSEE's failure to make such payment. 7. Insurance: Said equipment shall be insured by LESSEE, at its own expense, against loss or damage by fire, theft and other physical damage, including collision, in an amount not less than the full insurable value thereof, with loss, if any payable to FMC; provided, however, that $500.00 deductible insurance against collision will be acceptable to FMC. 2 LESSEE shall also provide insurance against liability for bodily injury to the limits $100,000.00 for each person injured and $300,000.00 for each accident, and shall provide insurance for liability against property damage to the limit of $25,000.00. LESSEE shall name FMC as an additional insured under said insurance policy or policies. LESSEE shall furnish FMC with satisfactory evidence of the insurance coverage above specified. 8. Contingencies: FMC shall not be liable to LESSEE for any loss or damage suffered by LESSEE, directly or indirectly, as a result of FMC's failure to perform or delay in performing, any term or condition of this lease, where such failure or delay is caused by fires, labor troubles (including strikes and lockouts), riots, insurrections, failure of sources of supply, Government regulations, inability to obtain materials and supplies, interruption of or delay in transportation, war, accidents, acts of God, or other causes of like or different character beyond FMC's control. 9.Title to Equipment: Title to said equipment, and to all parts and applicances affixed and appurtenant thereto supplied by FMC, shall remain in FMC during the term of this lease. LESSEE shall not transfer, assign or hypothecate this lease, nor sublet or transfer possession of said equipment, nor create or permit the creation of any lien, charge or encumbrance of any kind or character against said equipment, without the prior written consent of FMC. 10. Damage: FMC shall not be liable to LESSEE for loss, damage or injury to persons (including death) or property occasioned by or growing out of the maintenance, operation, use or non-use of said equipment, nor for damages of any kind or nature directly or indirectly sustained, or alleged to have been sustained, by LESSEE as a result of such maintenance, 3 DAMAGE (continued) operation, use or none -use; and LESSEE shall exonerate, indemnify and save harmless FMC from and against any and all liability, damage, loss, cost or expense of whatsoever character which may accrue to or be sustained by FMC on account of any such loss, damage or injury, or on account of attachments, liens or claims levied upon or assessed against said equipment in any suit brought or claim made against LESSEE or anyone claiming through LESSEE. 11. Termination: (a) Default of LESSEE. In the event that LESSEE fails to make rental payments when due hereunder or otherwise defaults in the performance of any of the terms and conditions of this lease, upon not less than thirty days advance written notice to LESSEE, the termination hereof shall become effective ipso facto upon the expiration of such thirty -day period without LESSEE's default having been cured to FMC's entire satisfaction. (b) Refusal or Failure to Exercise Options. In the event that LESSEE fails or declines to exercise an option (as hereinafter provided in Paragraph 12) either to renew the lease or to purchase said equipment, this agreement shall terminate as of the expiration date of the lease term for which rental has been paid, without liability to LESSEE on account of such termination except to make prompt payment to FMC of any rentals due and unpaid, and to return said equipment to FMC in accordance with the provisions of the following subparagraph (c). (c) Return of —Equipment Upon the expiration or sooner termination of this lease, LESSEE shall immediately discontinue to use said equipment and, at its own expense, return the same to FMC at the point of delivery, in the same condition as it was in at the time of delivery, 4 RETURN OF EQUIPMENT (continued) ordinary wear and tear accepted. If LESSEE fails to so return said equipment, FMC may repossess the same, at LESSEE's expense, without prior notice and without liability to LESSEE in damages for so doing. 12. LESSEE's Options: LESSEE shall have the options to renew this lease for successive periods of one year each, beginning on the 1ST day of DEC. 1986 1987, 1988 1989 1990 , 1991 , and 1992 . LESSEE may exercise its option to renew this lease for a term of one year as aforesaid, by giving written notice of its intention to do so to FMC at any time prior to the expiration of any one-year term, and by paying to FMC the rental below specified for said further term, (1) in the event that LESSEE does renew the lease, all the terms and conditions herein set forth shall govern the renewal, except that the rentals to be paid shall be as follows: From DEC. 1,1986 ,to NOV. 30,1987 ..$32,127.97 From DEC. 1,1987 ,to NOV. 30,1988 ..$30,618.60 From DEC. 1,1988 ,to NOV. 30,1989 ..$29,109.23 From DEC. 1,1989 ,to NOV. 30,1990 ..$27,599.86 From DEC. 1,1990 ,to NOV. 30,1991 ...$26,090.50 From DEC. 1,1991 ,to NOV. 30,1992 ...$24,581.13 From DEC. 1,1992 ,to NOV. 30,1993 ••$23,071.76 (1) in accordance with the FMC Computation Schedule, of which receipt of a copy is hereby acknowledged. LESSEE shall have the further option to purchase the equipment' herein leased by giving written notice of its intention to do so to FMC at any time prior to the expiration of any one-year lease term and by paying the purchase price of said equipment as of the date of the purchase. 5 LESSEE (continued) This option to purchase may be exercised by LESSEE only as of any of the dates for renewal of the lease as hereinabove set forth. The purchase price of the equipment as of the time that LESSEE may exercise this option to purchase shall be as follows: If the option to purchase is exercised as of DEC. 1, 1986 the purchase price shall be $ 161,502.32 If the option to purchase is exercised as of DEC. 1, 1987 the purchase price shall be $ 138,410.56 If the option to purchase is exercised as of DEC. 1, 1988 the purchase price shall be $ 115,358.80 If the option to purchase is exercised as of DEC. 1, 1989 the purchase price shall be $ 92,286.04 If the option to purchase is exercised as of DEC. 1, 1990 the purchase price shall be $ 69,215.28 If the option to purchase is exercised as of DEC. 1, 1991 the purchase price shall be $ 46,143.52 If the option to purchase is exercised as of DEC. 1, 1992 the purchase price shall be $ 23,071.76 The exercise of any or all of the options hereinabove granted shall be at the sole and absolute discretion of the LESSEE, and no agreement whatsoever exists between the parties hereto that said LESSEE will or shall exercise any of said options, and it is further expressly stipulated and agreed that the LESSEE by reason of the inclusion of said options herein has not in any way or manner whatever incurred any obligations, indebtednessorchargeduringthe fiscal years of 1985 1986 , 1987 , 1988 , 1989 , 1990 , 1991 , 1992 ,and 1993 other than the rental of said equipment for the original term as above limited provided. 11 13• Entire Contract. This lease constitutes the entire contract between the parties hereto respecting said equipment, and there are no representatives or warranties, express or implied, not contained herein. This lease shall not be binding on FMC unless and until accepted by an officer or other authorized representative; and no alteration or modification hereof, or waiver of FMC's rights hereunder, shall be binding on FMC unless and until so accepted. IN WITNESS WHEREOF, the parties hereto have caused this lease to be duly executed in duplicate, as of the day and year first above written. NAME OF LESSEE CITY OF LA QUINTA. CALIFORNIA BY TITLE MAYOR BY TITLE City Manager BY TITLE FMC CORPORATION FIRE APPARATUS OPERATION OAKDALELIFO/RtaIA , BY: /�4 vJl�/e /�� L<ka✓ ighed by 7dale Official Only) 7