R93-41RESOLUTION NO. R93-~/
A RESOLUTION OF THE CiTY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN EQUIPMENT LEASE
AGREEF~NT WITH NATIONAL A~%TMONIA, DIV. OF
TANNER INDUSTRIES, INC., FOR THREE (3)
1,000 WATER GALLON STORAGE TANKS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, anhydrous ammonia is used in the Water Treatment
Process to react with chlorine and form the disinfectant
chtoramine; and
WHEREAS, said Process has been utilized by the City since
1981 and wi~i continue at the West Water Treatment Plant; and
WHEREAS, this offer from National will provide a suitable
tank to the City for $!.00 per year lease, providing we continue
to use the amount of ammonia currently utilized, as well as
provides two tanks to replace the twelve-year old tank at the East
Plant.
NOW, THEREFORE, BE IT RESOLVED ~Y THE CITY COMMISSION OF THE
CITY OF BoYNToN BEACH, FLORIDA THAT.
Section 1. The City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, hereby authorizes
and directs the Mayor and City Clerk to execute the Equipment
Lease Agreement with National Ammonia, Div. of Tanner Industries,
Inc., for three (3) 1~000 water gallon storage tanks for anhydrous
ammonia, said Agreement attached hereto as Exhibit "A".
Section 2.
upon passage.
This Resolution shall take effect immediately
PASSED AND ADOPTED this /~ day of March, 1993.
CITY OF BOYNTON BEACH, FLORIDA
M~yor
Vice~
Comwais sioner ~
ATTE ST:
Commis:
Corporate Seal)
Authsig.WP5
UTIL.AGR
3/5/93
EQUI PME N~ITM L~]ASE AG RFd ~ M~] N~?
THIS AGREEMENT made
NATIONAL AMMON]A, DIV. Or
CITY OF BOYNTON
as of this 21s% day of Januar%. 19 93 between
TANNER INDUSTRIES, INC. ,"Lessor ) and
BEACH ("Lessee").
Equipment") ]eased pursuant to the Agreement
The equipment and accessories (the
are the following:
THREE (3)
WATER GALI.ON STORAGE TANKS FOR ANHYDROUS AMMONIA
The term of this ]ease, un]ess sooner term}hated as provideJ be]ow, shall be
for a period of ll months commencing on Feb. i993
Thereafter. this ]ease shall continue from year uo year un]ess terminated by eJth~
party on 30 days prior written notice.
F, ~ Except as set forth be]ow, rent for the EquipmeDt shall be $1 00~ per year
PI ~ble UPON .RECEIPT 05 INVOICE
~If to%al purchases for the three tanks falls between 24-36,000
pounds per year~ an annual rental fee of $480. will apply. If
%oral purchases for the three tanks falls between 22,000-24,000
pounds per year, an annual rental fee of $960. witl apply. If
total purchases for the three tanks falls be]ow 12,000 pounds
per year, an annual rental fee of $1,440. w~ll apply.
The Equipment wi].], be ~nsta][ed at [,essee's premises at
TWO (2)TANKS: 1620 S. SEACREST BLVD., BOYNTO~ BEACH, FL. 33435
ONE (~) TANK: 5469 W. BOYNTON BEACM BLVD., BOYNTON BEACH, FL. 33424
t,essee owns/leases those
The EquJpmen% wi]] only be used %o stors Lessor's ANHYDROUS AMMONIA un]ess
LesSor first consents in writing %o the contrary,
Lessor will arrange to have the Equipment sh~pped to Lessee with
tra~sporgation charges 'from locm%ion of menu-lecture or storage to [,essee's plant
prepaid by Lessee.
Lessee wi2] be responsible for the installation of the Equipment, including
the iinstallation of appropriate foundations, fences and other site preparations,
a~'~ Lessee will ma3nta]n all instal ]at~on materials in good condition. Lessee wil
i c~all, maintain and use the Equipment in compliance with all applicable laws and
r ~]at~ons, including those governing the discharge of materials into the
env]lronment. Lessee is responsible for controllin~ external corrosion and the
genelra] maJntenancs of the Equipment covered by this Agreement with includes
repa. inting of the Equipment where ~ppropriate.
Lessor wi]] rep]ace gauges, valves, f~ttings and vaporizers and heaters if
ah .... supplied with the Equipment only if the need for replacement is due to norma
we~r and %ear and not as a result of Lessee's negligence or failure to properly
maintain the Equipment tn whick case replacement shall be Lessee's responsibility
Lessee w~]] be responsible for any license and/or inspection fees or La×es
arising out of its possession or use Df the Equipment; and for all risk of loss %
the E~u~pment during the per~od of [.essee's possession of the equipment, ~nc]udin
the period of installation, removal, and transportation back to Lessor'e
terminal/warehouse facilities following removal .
It %s the responsibility of Lessee ko comply with all relevant eb]igatlons
under the Emergency Planning and Community Right-to-Know Act of ~986, 42 U.S.C.
11~01-11049 (EPCRA, also commonly known as Tltle II of the Superfund Amendments
R~uthorizauion Act of 1986 (SARA Title III) and State counterparts resulting
the presence of the chemicals supplied in connection with this Agreement. Fu[-the
it is a respons~b~].ity of [~essee %o warn amd protect its employees and others
exposed to the hazards posed by Lessee's storage and use of those chemicals.
Lessor reserves the right to have the Equipment removed a% any t~me after
Lesmee has breached this Agreement or the Agreemen~ is otherwise ~ermlnated.
If the Equipment Js removed for any reason~ Lessee
cos~ of removal and transpo~-tation to Lessor'e nearest
{~-- to such other faci3]ty as Js designated by Lessor),
rF airs.
will bear the reasonable
~erminal/warehouse facili%TM
and of any necessary
Title %o the Equipment sba]] at al3 times remain in Lessor and the Eq'uJpment
s~all remain personal prope~'ty irrespective of the manner of ins%al.lation and if
the Equipment ~s ins%al]ed on ]eased premises Lessee agrees %o obtain at Lessor
r~est a 'Landlord's Waiver" with respect Lo the Equipment Jn form satisfactory
Le~ssor. I,eseee will not create, or permit the creation or perfection of any
cb~rc~e, lien or encumbrance on the Equipment.
I.essor shall have access at all times ko the Equipment for the purpose Df
insgecting and maintaining it.
tessee agrees (a) %o make neither permanent additions nor alterations Lo
Equi~pment without Lessor's written consent; (b) not ko deliver ossession of t
E u" P he
~ l~pment or a~y part thereof to any party other than Lessor: c to kee . .
an~] ...... .- _ ( ) p legible
~!'vlslb~s ail trademarks, marks of ownership, and warnings on the Equipment: (d
not:. Lo assign this Agreement or any interest therein or right 'thereunder witbDu~
Le~or's prior written consent; (e) Lo execute such security instruments as Lessor
may"reasonab]y require ~nc]udJng but not ]imJ%ed to, proper financing statements;
a~di!( f> to reimburse Lessor for the full replacement cost of the Equipment in the
ev~t of its loss or ~oss of its manufacturer's data plate, said replacement cost
to;~e that in effect at the time Lessor is notified of such loss, or in the absenc
ofi~ot~fication, at the time of termination of this lease.
i Lessee shall use the Equipment to store Lessor's product of the kind and
q ]~ity described above and wi]] not use the equipment for any other purpose
~,/hout Lessor's written consent. Lessee may purchase the Equipment upon terms
w~j~h are mutually agreeable to Lessor and I.essee.
If Lessee sha]t fa~] Lo perform its obligations under this Agreement for 10
days subsequent to receipt of written notice of such failure, Lessor shall have tl
right Lo terminate the }ease created herein and shall have the right, with or
without notice or legal process, ko enter Lessee's premise and remove the
Equipment. Upon such failure by Lessee, Lessee shall pay Lessor all costs and
expenses, including attorney's fees, in ronnection with such repossession and
[.essee shall reimburse Lessor for any and all losses it shall incur as a result
Less.ee's failure to perform its obligations hereunder·
Lessor shall have no liability as a result of removal of the Equipment from
the. Premises and such removal shall not prejudice any other rights or remedies
Lessor may have. Lessor shall have no obligation to restore the Premises to their
former condition subsequenL to removal.
The Lessee will provide the Lessor with a CertificaLe of Insurance indicatin¢
L~im~ts of Coverage for comprehensive liability and workers compensation and
e~'~oyers liability insurance.
Lessor is not the manufacturer oi and does not guarantee the Equipment in an]
way. THERE IS NO WARRANTY THAT THE EQUIPMENT SUPPLIED HEREUNDER SHALL BE FIT FOR
AN~:~ARTICULAR PURPOSE NOR IS THERE ANY WARRANTY OF MERCHANTABILITY OR ANY OTHER
W~NTY, EXPRESSED OR IMPLIED, EXCEPT AS EXFRESSLY PROVIDED HEREIN. Lessee shall
iI Dect the Equipme'nt when received and failure to notify Lessor of Lessee's non-
ai _prance within 10 days after receipt shall constitute Lessee's acceptance of t?
Eq~/%.~ment as satisfactory.
Lessor may notify Lessee in writing of any change in the monthly rental rate.
If ~:essee fails to notify Lessor of Lessee's objection to such new rental rate
within 30 days after such notice of change, the new rate shall become effective 3~
day~ after the date of Lessor's notification.
Termination of this Agreement for any reason shall not relieve the parties
any obligation that may remain unfulfilled at the Lime of such termination.
No waiver or delay in enforcing any of its rights hereunder by either party
shal,1 constitute a release of any of the obligations of the other party hereunder
i~ FDspect of any other matter or action relating thereto.
This Agreement comprises the entire agreement between Lessor and Lessee and n
te¥~s or conditions, other than those stated herein, and no agreement or
uQ~standing, oral or written, in any way purporting to modify these terms and
c6~tions, shall be binding on either party unless hereafter made in writing and
specifically stating that it is intended to modify these terms and conditions and
s~ed by both parties All proposals, negotiations and re resen
~ . _ _ , p tatlons, if any
ma~e prior anG with reference hereto are merged herein. -'
State of Flori4a. ~
[f any par% of th~s Agreement is held invalid or unenforceable for any reaso!
such part shall be deemed walved and the balance of the Agreement shall conLtnue
full force and effect.
IN Wt'I'NESS WHEREO~. the parties have executed this Agreement as of the day al
year first written above:
L6s~or:
Lessee:
' CIT'Y OF BOYNTON BEACH
January 2] , 1993
Date:
TO ' M~
~ ArroRN~(/