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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~(/