5026 RESOLUTION NO. 5 ,026
A RESOLUTION AUTHORIZING A CONTRACT FOR THE
LEASE PURCHASE OF A PUMP TO BE USED BY THE
COMMUNITY DEVELOPMENT DEPARTMENT; WAIVING
COMPETITIVE BIDDING; AND FOR OTHER PURPOSES
WHEREAS , during the month of April , 1973 at a time when
excessive rainfall created emergency flooding conditions within
the City of Little Rock , the Community Development Department ,
in an endeavor to relieve such flooding conditions , leased
from Little Rock Road Machinery Company of Little Rock, Ark-
ansas one used 86A2B6" Gorman-Rupp pump, Serial #519670 with
Ford F240 gasoline engine serial #25544 mounted on two wheel
pneumatic tired trailer and one used 6" x 20 ' suction hose with
strainer and one used 6 ' x 20 ' discharge hose , such equipment
being the only ones available for immediate use to the City
said lease being on a monthly basis renewable at a monthly
rental of $916 . 70 with the option to lease or purchasing said
equipment at the end of any rental period for a total price
of $4081. 43 against which all rental payments would be credited;
and,
WHEREAS , under the circumstances described above the Board
of Directors determines an exceptional situation exists justi-
fying the waiving of competitive bidding and that such is waived.
NOW THEREFORE , BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS.
SECTION 1. The City of Little Rock is hereby authorized
to enter into an Equipment Lease Agreement with Little Rock Road
Machinery Company to lease and purchase the equipment described
hereinabove under the terms and conditions also set forth and
further, all in accordance with terms and conditions of equip-
ment lease contract dated April 23 , 1973 , a copy of which is
attached hereto as Exhibit "A" . Competitive bidding in this
Lease and Purchase Agreement is hereby waived.
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SECTION 2. This Resolution shall be in full force and
effect from and after its adoption.
ADOPTED: July 3, 1973
ATTEST: Ll/r-Fi APPROVED: AlAtff I4-;:.
City Clerk Mayor
6
1
EQUIPMENT LEASE CONTRACT EXHIBIT "A"
Date April 23, ---- 19_7 3
The undersigned Lessee (whether one or more) hereby leases from the Little Rock Road Machinery Company, Little Rock,
Arkansas, as Lessor, the following equipment and on the following terms and conditions:
(Give full description of equipment)
Odle - Used 86A? Gorman-Ru_pp Pump, SLN 51967Q With Ford F-240 Gasoline
umber 25554 mounted on two wheel pneumatic tired trailer,
One - U cd 6" 2Q! suction__-hose with gticai�norms------- ----- —
-
U n e - Used 6" x 2 Q! discharge__. hose_,
1. In leasing or selling the equipment under the terms of this contract,
THERE ARE NO WARRANTIES EXPRESS OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT
LIMITATION THE CONDITION OF THE EQUIPMENT, ITS MERCHANTABILITY, OR ITS FITNESS FOR ANY PARTICU-
LAR PURPOSE.
Lessee acknowledges that prior to entering into this contract he has fully examined the equipment.
2. Said equipment is to be delivered to Lessee at______________ Little Rock — —
State of Arkansas _-, on or about April_ 2 3. 1973, and all freight and delivery charges
thereon to the point of delivery are to be paid by Lessee.
3. This lease period is for (1) On e months beginning on the--__23rd _day of ,
at a rental of $ 916.30 _per_ m Q_Rt h___._ _—___payable______ in____ad tan.ca.—_
. _ —_------------�__ _--------------- ----_ _ Lessee is granted
the option to renew this lease at the end of the period hereof for.___Q110__aX__mnr_e___p et in d s____of_ QriLi__�1Qrit1L___e_a�Ch
at the rate of $916. 70 .e r month,_p� b1_cizi aslv;�nc� hase d an tripl_e__shift
rate . - - -- — —_- --
The above described equipment shall be held during all renewal periods under the terms and con-
ditions of this lease. Payment of the first rental in each renewal period shall be construed as the exercise by Lessee of its option
to renew for the entire period.
4. Lessee agrees to use the above described equipment properly and to keep it in its present state of repair at Lessee's ex-
pense. Lessee assumes full financial responsibility for all damage to this equipment resulting from misuse, abuse, fire, theft or
collision. The equipment is to be used only in County, State of Arkansas , and not re-
moved therefrom except by and with the prior written consent of Lessor.
5. The Lessee agrees to pay all taxes and assessments on the above described property that may be imposed by any taxing
authority while this lease is in effect.
6. As part of the consideration of this lease the Lessee agrees that Lessor shall not be liable to Lessee in any manner for
any claim resulting from the use or condition of the equipment hereby leased, and Lessee agrees to indemnify and hold Lessor
harmless from and to reimburse it for any and all expenses and losses which it may incur or sustain by reason of or in connec-
tion with any claim made by third parties resulting from the condition or operation of the property hereby leased while said
property is in the possession of Lessee or its agents. or e.ny_ renewals
r• ss r..hereby agrees to sell to Lessee the above described equipment at the end of this lease at the price of
$ 4g
' cash, in the event the Lessee exercises the option to purchase at said price, all the rentals paid will be
credited on said price. However, the title to said described equipment shall remain in Little Rock Road Machinery Company
until the full purchase price is paid.
8. If the Lessee shall not perform the agreements on his or its part to be performed, Lessor may (without prejudice to its
right to recover arrears of rent and damages for breach of this lease) terminate this lease and take possession of the above
described equipment, and for that purpose leave and license is hereby given to Lessor, or any of its agents, to enter any
premises occupied by Lessee, or of which Lessee is a tenant, to search for and take possession of the above described equip-
ment, without notice and without being liable to any suit, action, indictment or other proceedings by Lessee or anyone claim-
ing under him.
9. Any delay, concessions or indulgence on the part of Lessor in enforcing any of its rights upon any default shall not be
deemed a waiver of such rights.
10. On termination of the lease period, or any renewal period, Lessee will deliver equipment covered by this lease to Les-
sor at Little Rock, Arkansas, all freight and delivery charges prepaid.
11. It is expressly understood and agreed that this lease contains the entire agreement between the parties hereto and that
no agreements or representations, either verbal or written, made by agents or employees, shall be binding on Lessor other than
are contained herein.
12. Without Lessor's prior written consent, Lessee shall not assign, transfer, pledge, hypothecate or otherwise dispose of this
lease or any interest therein; or sublet or lend the equipment or permit it to be used by anyone other than Lessee or Lessee's
employees. Lessor may assign this lease and/or mortgage the equipment, in whole or in part, without notice to Lessee; and its
assignee or mortgagee may reassign this lease and/or such mortgage, without notice to Lessee. Each such assignee and/or mort-
gagee shall have all of the rights but none of the obligations of Lessor under this lease.Lessee shall recognize each such assign-
ment and/or mortgage and shall not assert against the assignee and/or mortgagee any defense, counterclaim, or set-off that
Lessee may have against Lessor. All rights of Lessor hereunder shall inure to the benefit of its successors and assigns and all
obligations and agreements of Lessee shall bind the heirs, legal representatives, successors and assigns of Lessee; provided no
authority to assign by Lessee shall be implied from this statement.
13. Only an official of Lessor has authority to execute the lease for it and this lease shall be effective when so executed.
Executed copy of this lease will be returned to Lessee.
P o City of Little Rock
-— --------------------
Lessee
Title
Title
Witness. By�___
Title
LITTLE ROCK ROAD MACHINERY COMPANY,
Lessor
By ----- ---
Title
PANRIN AO..(1..00..4171411000