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HomeMy WebLinkAbout09- Fire Supression Systems, Inc. Subscriber Service Lease AgreementFIRE SUPPRESSION SYSTEMS, INC. ~~~) 2171 Industrial Drive, Bozeman, MT 59715 ~~J Phone: (406) 586-9510 -FAX: (406) 586-8701 -Email: FireSupprn@aol.com SUBSCRIBER SERVICE LEASE AGREEMENT SSA NUMBER 1670 THIS AGREEMENT is made this day of JIJL , 20 09, between FIRE SUPPRESSION SYSTEMS, INC., a Montana corporation, as Lessor, and CITY OF BOZEMAN as Lessee. Lessee's contact person is Physical address of Lessee is 411 EAST MAIN BOZEMAN MT 59715 Billing address of Lessee is P.O. BOX 1230 BOZEMAN MT 59771-1230 1. TERM: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor for a term of five (5) years commencing with the date hereof, the herein~escribed fire extinguishers. 2. PAYMENT: Lessee shall pay to Lessor, as rent, the sum of FORTY FOUR AND NO/100THS Dollars ($ 44.00) per unit on or before the first day of each lease year during the tens hereof. All sums due Lessor from Lessee shall be paid in full within 30 days of billing date. 3. EQUIPMENT: This lease is for 1'Y si units of the following type: HALON 4. LOCATION: The extinguishers shall be delivered to and maintained at the location specified by Lessee as follows and shall not be removed therefrom without Lessor's prior written consent. Any changes in installation of the extinguishers, or installation of additional extinguishers, shall be done by Lessor at its normal rates therefor then in effect. Any additions or deletions of extinguisher numbers shall be deemed to be in writing when put on Lessor's invoice. 5. SERVICE: Lessor shall perform the annual maintenance of the extinguishers per NFPA 10 and 10A. Lessor shall recharge a unit upon being notified by Lessee that the unit has been discharged and is in need of recharging. Lessee shall not allow the extinguishers to be repaired or recharged by any person other than Lessor or its duly authorized agents. Any service or maintenance required other than the annual maintenance will be charged to and paid by Lessee at Lessor's standard fees then in effect. Service to be performed by Lessor hereunder without extre charge shall not include services, supplies, parts, labor or other expenses made necessary as a resuk of damage caused by tampering, any act or omission of Lessee, theft, abuse, acts of third parties, or forces of nature. Lessee shall be billed at prevailing rates for all repairs or replacements deemed by Lessor to be necessary as a resuk of any of those causes. Lessor shall not be liable for damage or injury to Lessee's premises or any other property, real or personal, or to any persons whomsoever, resulting from the installation, operation or removal of the equipment. Lessor shall perform the annual maintenance during Lessors normal working hours of 8:00 A.M. to 5:00 P.M. local Ume, Monday through Friday, exGusive of Lessors holidays. Lessor shall not be obligated to perform annual maintenance of any extinguisher not accessible to Lessor. Service requested to be performed at times other than during Lessor's normal work hours shall be chargeable at Lessor's standard overtime rates. 6. RETURN, OWNERSHIP: Upon completion of the lease term, howsoever terminated, Lessee shall make the extinguishers available for repossession by Lessor in the condition as originally leased, reasonable wear and tear only excepted. In case of loss of or damage to any extinguisher, Lessee shall be liable to Lessor for Lessors current list price thereof, less 25°k. The National Fire Protection Association shall be the guideline used in determining corrective action needed to repair or replace any damaged extinguishers. The extinguishers shall always remain the personal property of Lessor, whether or not attached to real property, k being agreed that the extinguishers are not and will not become a permanent part of any real property. Lessee shall keep said extinguishers free and Gear of ail taxes, assessments, liens and encumbrances. Lessor shall have the right to inspect the extinguishers at all reasonable times. 7. RENEWAL; HOLDING OVER: Lessor grants to Lessee an option to renew this Lease Agreement for additional five-year terms provided Lessee is not in default of any provisions of this Agreement. Said renewal will be upon the terms and conditions and at such fees as are in effect at such time for new leases. k renewal is not exercised, Lessor may enter upon the premises where Use extinguishers are located and repossess the same without further notice to Lessee and without liability for trespass. In the event Lessee shall hold over or remain in possession of the leased extinguishers with the consent of Lessor after the expiration of the stated term of this Lease or any renewal of the term of this Lease, such holding over or continued possession shall create a lease from year to year only, upon the same terms and conditions as are in effect for new leases. 8. NOTICE UPON TERMINATION: Upon termination of this Agreement, it is understood that Lessor must and will give notice in writing of such termination to the inspection authority having jurisdiction over Lessee's premises within ten (10) days after the effective termination date. 9. DEFAULTS: H Lessee shall fail in the timely performance of any of its obligations hereunder, or suffers the appointment of a receiver, makes a general assignment for the benefit of creditors, becomes the subject of a proceeding in bankruptcy and does not cause said proceeding to be discharged within thirty (30) days after commencement thereof, or 'rf the equipment is seized or levied upon by legal or governmental process against Lessee or the equipment, such shall be an act of defauk and Lessor shall have the following remedies, which shall be separate and cumulative: (a) To enter the premises where the extinguishers are situated and repossess the same without further notice to Lessee and without liability for trespass. (b) To declare the lease terminated and to retain all sums previously paid hereunder but wiUwut liability to render further services hereunder. (c) To declare the entire unpaid rent for the full lease term and all other sums payable by Lessee hereunder, less 25% thereof as credit for unused servicing expenses and depreciation, to be immediately due and payable, and to sue for the same. (d) To collect from Lessee any additional expense which Lessor may incur by reason of any delinquency inGuding charges of any collection agency employed by Lessor to collect the same. (e) To impose and collect from Lessee on any delinquent payments a service charge of the maximum rate allowed by law of the amount due from the date of the initial invoice from Lessor to Lessee. (f) Waiver by Lessor of any default shall not constkute a license for any future defaults. 10. EARLY TERMINATION: In the event of early termination of this Lease by Lessee, all prepaid rentals shall be forfeited. 11. ADDITIONAL TERMS AND CONDITIONS: LESSEE FURTHER AGREES TO BE BOUND BY THE ADDITIONAL TERMS AND CONDITIONS PRINTED ON THE REVERSE SIDE HEREOF WHICH ADDITIONAL TERMS AND CONDITIONS ARE A PART OF THIS AGREEMENT AND ARE INCORPORATED HEREIN BY REFERENCE AS IF FULLY SET FORTH HEREIN. 12. RECEIPT: Lessee acknowledges receipt of a copy of this agreement and that he has read and understands all of this agreement. FIRE SUPP SSION TEMS, . (LE OR) CITY OAF BOZEMAN (LESSEE) rued Agent) Title: - ~ ~ ~/ If not accepted within - 30 -days from this proposal shall be invalid. Phone: 406-582-2300 Federal ID#: 1~ FIRE SUPPRESSION SYSTEMS, INC. ~~~) 2171 Industrial Drlve, Bozeman, MT 59715 `-~J Phone: (406) 586-9510 -FAX: (406) 586-8701 -Email: FireSupprn@aol.com SYSTEM LEASE AGREEMENT THIS AGREEMENT is made this day of ,1UL . 20~, between FIRE SUPPRESSION SYSTEMS, INC., a Montana corporation, as Lessor, and CITY OF 80ZEMAN as Lessee. Lessee's contact person is Lessee's physical address is 411 AST MAIN, BOZEMAN, ~~T SQ71 S 1. TERM: Lessor hereby leases to Lessee, and Lessee hereby rents from Lessor, for a term of FIVF ( 5) years commencing with the date hereof, an automatic fire extinguishing system (herein referred to as'System") and described as: ~j'NI~R d~ti~ Dces not include electrical shutdowns. 2. PAYMENT: Lessee shall pay to Lessor, as rent, the sum of $ 245.00 on or before the first day of each lease year. In addition, Lessee shall pay to Lessor an initial installation charge of $ to be paid upon execution of this agreement. Lessor shall install the system at: BOZEMAN SENIOR SOCIAL CENTER @807 NORTH TRA Y All sums due Lessor from Lessee shall be paid in full within 30 days of billing date. 3. SERVICE: Lessor shall inspect and service the System at least once every six months during the lease term. Lessor shall also service and recharge the System upon being notified by Lessee that it has been tripped and is in need of recharging. Lessor agrees to complete any recharging within 24 hours after receiving notice that the System requires recharging. Without Lessor's prior written consent, Lessee shall not remove the System or any part thereof from the location described above, and shall not allow the System, or any part thereof, to be repaired or recharged by any person other than Lessor or its duly authorized representative, nor shall Lessee allow the System to be used by anyone other than Lessee. Service to be performed by Lessor hereunder without extra charge shall not include services, supplies, parts, labor or other expenses made necessary as a result of damage caused by tampering, any act or omission of Lessee, theft, abuse, acts of third parties, or foroes of nature. Lessee shall be billed at prevailing rates for all repairs or replacements deemed by Lessor to be necessary as a result of any of those causes. Any changes or installation of additional equipment requested by Lessee or made necessary by any changes in Lessee's premises or use after original installation shall be done by Lessor at its rates for such services then in effect. Lessee shall not be liable for any bss or damage to the System as a result of fire originating within the design limits of the System; Lessor shall not be liable to Lessee or any persons claiming under Lessee for damage or injury to Lessee's premises or any other property, real or personal, or to any persons whomsoever, resulting from the installation, operation or removal of the equipment. Lessor shall perform the semi-annual services during Lessor's normal working hours of 8:00 A.M. to 5:00 P.M. local time, Monday through Friday, exclusive of Lessor's holidays. Lessor is not obligated to perform asemi-annual service or inspection ff system is not accessible to Lessor. Service requested to be performed at times other than during Lessor's normal work hours shall be chargeable at Lessors standard overtime rates. 4. RETURN, OWNERSHIP: Upon completion of the lease term, howsoever terminated, Lessee shall make the System available for repossession by Lessor in the condition as originally leased, reasonable wear and tear only excepted. In case of loss of or damage to any components of the System, Lessee shall be liable to Lessor for Lessors current list price thereof, less 25°h. The National Fire Protection Association shall be the guideline used in determining corective action needed to repair or replace any damaged components. The System shall always remain the personal property of Lessor, whether or not it is attached to real property, it being agreed that the System and all parts thereof are not and will not become a permanent part of any real property. Until the said System shall be redelivered to Lessor, or until the same shall be retaken by said Lessor in accordance with the terms, provisions and conditions hereof, the Lessee shall keep said System free and clear of all taxes, assessments, liens and encumbrances. Lessor shall have the right to inspect the System at all reasonable times. 5. OPTION TO PURCHASE; EXTENSION; HOLDING OVER: This Lease may be extended by mutual agreement for an additional term except that the terms and rent shall be as then charged by Lessor to its new Lessees for comparable Systems. At the end of the initial lease term, providing that Lessee has fully performed all of its obligations hereunder throughout the lease term, Lessee shall have the option to purchase the System for an amount equal to the then current list price of the System, including all of its parts thereof, less 20%. Upon the exercise of the purchase option, Lessor shall have no further obligations to service or recharge the System or have any further obligations hereunder. If neither renewal nor purchase is exercised, Lessor may enter upon the premises where the System or any part thereof is situated and repossess the same without further notice to Lessee and without liability for trespass. In the event Lessee shall hold over or remain in possession of the leased System with the consent of Lessor after the expiration of the stated term of this Lease or any renewal of the term of this Lease, such holding over or continued possession shall create a lease from year to year only, upon the same terms and conditions as are in effect for new leases. 6. NOTICE UPON TERMINATION: Upon termination of this agreement, it is understood that Lessor must and will give notice in writing of such termination to the inspection authority having jurisdiction over Lessee's premises within ten (10) days after the effective termination date. 7. DEFAULTS: If Lessee shall fail in the timely performance of any of its obligations hereunder, or suffers the appointment of a receiver, makes a general assignment for the benefit of creditors, becomes the subject of a proceeding in bankruptcy and does not cause said proceeding to be discharged within 30 days after commencement thereof, or if the System or any part thereof is seized or levied upon by legal or governmental process, such shall be an act of default and Lessor shall have the following remedies, which shall be separate and cumulative: (a) To enter upon the premises where the System, or any part thereof, is situated and repossess the same without further notice to Lessee and without liability for trespass. (b) To declare the Lease terminated and to retain all sums previously paid hereunder but without liability to render further services hereunder. (c) To declare the entire unpaid rent for the full lease term and all other sums payable by Lessee hereunder, less 25% thereof as credit for unused servicing expenses and depreciation, to be immediately due and payable, and to sue for the same. (d) To collect from Lessee any additional expense which Lessor may incur by reason of any delinquency including charges of any collection agency employed by Lessor to collect the same. (e) To impose and collect from Lessee on any delinquent payments a service charge of the maximum rate allowed by law of the amount due from the date of the initial invoice from Lessor to Lessee. (f) Waiver by Lessor of any default shall not constitute a license for any future defaults. 8. EARLY TERMINATION: In the event of early termination of this Lease by Lessee, all prepaid rentals shall be forfeited. 9. ADDITIONAL TERMS AND CONDITIONS: LESSEE FURTHER AGREES TO BE BOUND BY THE ADDITIONAL TERMS AND CONDITIONS PRINTED ON THE REVERSE SIDE HEREOF WHICH ADDITIONAL TERMS AND CONDITIONS ARE A PART OF THIS AGREEMENT AND ARE INCORPORATED HEREIN BY REFERENCE AS IF FULLY SET FORTH HEREIN. 10. RECEIP essee acknowledges receipt of a copy of this Agreement and that he has read and understands all of this Agreement. FIRE SUP SIGNS MS S I (LESSEE) ~ By x By: (Au rued Agent) Phone: 406-582-2300 Billing Address (ff different from location): P O BOX 1 30, IF NOT ACCEPTED WITHIN -30- DAYS FROM BO MANr MT X9771-1230 THIS PROPOSAL SHALL BE INVALID Federal Tax ID No.: 1~~ FIRE SUPPRESSION SYSTEMS, INC. ~~~) 2171 Industrial Drive, Bozeman, MT 59715 `-~J Phone: (406) 586-9510 -FAX: (406) 586-8701 -Email: FireSupprn@aol.com SUBSCRIBER SERVICE LEASE AGREEMENT SSA NUMBER 612 THIS AGREEMENT is made this day of JUL , 20 ~, between FIRE SUPPRESSION SYSTEMS, INC., a Montana corporation, as Lessor, and CITY OF BOZEMAN as Lessee. Lessee's wntact person is Phvsiral address of I wssww is 411 EAST MAIN, BOZEMAN. MT 59715 Billing address of Lessee is P.O. BOX 1230 BOZEMAN MT 59771-1230 1. TERM: Lessor hereby leases to Lessee, and lessee hereby rents from Lessor for a tens of five (5) years commencing with the date hereof, the herein~escribed fire extinguishers. 2. PAYMENT: Lessee shall pay to Lessor, as rent, the sum of NINE AND 75/100THS Dollars ($ 9.75) per unit on or before the first day of each lease year during the tens hereof. Ali sums due Lessor from Lessee shall be paid in full within 30 days of billing date. 3. EQUIPMENT: This lease is for'y~ units of the following type: 5# ABC 4. LOCATION: The extinguishers shall be delivered to and maintained at the location specified by Lessee as follows and shall not be removed therefrom without Lessor's prior written consent. Any changes in installation of the extinguishers, or installation of additional extinguishers, shell be done by Lessor at its normal rates therefor then in effect. Any additions or deletions of extinguisher numbers shall be deemed to be in writing when put on Lessor's invoice. 5. SERVICE: Lessor shall perform the annual maintenance of the extinguishers per NFPA 10 and 10A. Lessor shall recharge a unit upon being notified by Lessee that the unit has been discharged and is in need of recharging. Lessee shall not allow the extinguishers to be repaired or recharged by any person other than Lessor or its duly authorized agents. Any service or maintenance required other than the annual maintenance will be charged to and paid by Lessee at Lessor's standard fees then in effect. Service to be performed by Lessor hereunder without extra charge shall not include services, supplies, parts, labor or other expenses made necessary as a result of damage caused by tampering, any act or omission of Lessee, theft, abuse, acts of third parties, or forces of nature. Lessee shall be billed at prevailing rates for all repairs or replacements deemed by Lessor to be necessary as a result of any of those causes. Lessor shall not be liable for damage or injury to Lessee's premises or any other property, real or personal, or to any persons whomsoever, resulting from the installation, operation or removal of the equipment. Lessor shall perform the annual maintenance during Lessor's normal working hours of 8:00 A.M. to 5:00 P.M. local time, Monday through Friday, exGusive of Lessor's holidays. Lessor shall not be obligated to perform annual maintenarwe of any extinguisher not accessible to Lessor. Service requested to be performed at times other than during Lessors normal work hours shall be chargeable at Lessor's standard overtime rates. 8. RETURN, OWNERSHIP: Upon completion of the lease term, howsoever terminated, Lessee shall make the extinguishers available for repossession by Lessor in the condition as originally leased, reasonable wear and tear only excepted. In case of loss of or damage to any extinguisher, Lessee shall be liable to Lessor for Lessors current list price thereof, less 25%. The National Fire Protection Association shall be the guideline used in determining corrective action needed to repair or replace any damaged extinguishers. The extinguishers shall always remain the personal property of Lessor, whether or not attached to real property, it being agreed that the extinguishers are Trot and will not become a permanent part of any real property. Lessee shall keep said extinguishers free and Gear of all taxes, assessments, liens and encumbrances. Lessor shall have the right to inspect the extinguishers at all reasonable times. 7. RENEWAL; HOLDING OVER: Lessor grants to Lessee an option to renew this Lease Agreement for additional five-year terms provided Lessee is not in default of any provisions of this Agreement. Said renewal will be upon the terms and conditions and at such fees as are in effect at such time for new leases. H renewal is not exercised, Lessor may enter upon the premises where the extinguishers are located and repossess the same without further notice to Lessee and without liability for trespass. In the event Lessee shall hold over or remain in possession of the leased extinguishers with the consent of Lessor after the expiration of the stated term of this lease or any renewal of the term of this Lease, such holding over or continued possession shall create a lease from year to year only, upon the same terms and conditions as are in effect for new leases. 8. NOTICE UPON TERMINATION: Upon termination of this Agreement, it is understood that Lessor must and will give notice in writing of such termination to the inspection authority having jurisdiction over Lessee's premises within ten (10) days after the effective termination date. 9. DEFAULTS: H Lessee shall fail in the timely performance of any of its obligations hereunder, or suffers the appointment of a receiver, makes a general assignment for the benefit of creditors, becomes the subject of a proceeding in bankruptcy and does not cause said proceeding to be discharged within thirty (30) days after commencement thereof, or 'rf the equipment is seized or levied upon by legal or governmental process against Lessee or the equipment, such shall be an act of default and Lessor shall have the following remedies, which shall be separate and cumulative: (a) To enter the premises where the extinguishers are situated and repossess the same without further notice to Lessee and without liability for trespass. (b) To declare the lease terminated and to retain all sums previously paid hereunder but without liability to render further services hereunder. (c) To declare the entire unpaid rent for the full lease term and all other sums payable by Lessee hereunder, less 25% thereof as credit for unused servicing expenses and depreciation, to be immediately due and payable, and to sue for the same. (d) To collect from Lessee any additional expense which Lessor may incur by reason of any delinquency including charges of any collection agency employed by Lessor to collect the same. (e) To impose and collect from Lessee on any delinquent payments a service charge of the maximum rate allowed by law of the amount due from the date of the initial invoice from Lessor to Lessee. (f) Waiver by Lessor of any default shall not constitute a license for any future defaults. 10. EARLY TERMINATION: In the event of early termination of this Lease by Lessee, all prepaid rentals shall be forfeited. 11. ADDITIONAL TERMS AND CONDITIONS: LESSEE FURTHER AGREES TO BE BOUND BY THE ADDITIONAL TERMS AND CONDITIONS PRINTED ON THE REVERSE SIDE HEREOF WHICH ADDITIONAL TERMS AND CONDITIONS ARE A PART OF THIS AGREEMENT AND ARE INCORPORATED HEREIN BY REFERENCE AS IF FULLY SET FORTH HEREIN. 12. RECEIPT: Lessee acknowledges receipt of a copy of this agreement and that he has read and understands all of this agreement. FIRE SUPP N SYSTEMS INC. (L SOR) By , (A Ag If not accepted within - 30 -days from this proposal shall be invalid. CITY OF BOZEMAN (LESSEE) By ~ ~ ` Title: ~e.rJ~~~~~,ll\l~V Phone: 406-582-2300 Federal ID#: