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May/Jun 1950 eon..) !It 'to or 'the new Revenue Cer't~- end Mr., Hames 'to approva~ 'to saperv~ a f"orman f"or cons'truc't~on Coune:11 Was he1d '" ~ !It th ., .. ) CABLE AOOR-E;SS oACIPCQ" BIRMINGHAM 2, ALA. June s't ~n our o:f"t'iee we take asure Foo't &: 0.. Foo't 1.. Feot Bel.1 &: &: ------------ . 0..20 Pound $ Ne't Ton S'tendard Fi $ Bel.l. &: 1# !t n ..00 00 2280! - :t:ol.l.ows ,. $ 0 Foot d~tto ---~----~____~~_~~___________ 1",)) Foot Mechani. Ton S'tandard o.i. Pl.us Per Ton Bel.l. ----------- MAIN 2177.21'78 IN. c. CAYE & COMPANY 787 Windsor Street, S. W. ATLANTAI GEORGIA The.--_____.......c....._~-...-. ~9~,--~.-------m------ ,?n of the City of_ .1.1'.1 an__n____n____nnm_______n____ County of-~~.---n--n-----n-n-------n----, State of__~~__n___ __n_n___ ~_ _______n___n__n' _n______n___nn_ _ _ hnn___n_n __n______nn_ ___ __ _ __ --n-m--h-_hn____hereinafter called the lessor, hereby proposes to lease and does lease to----4.--cf!!n~------ County State of QIa~---------------h--hh- or more, the equipment described City hereinafter called the lessee for a minimum period of---n-4--__mm____ in the subdivision of this contract designated "Equipment Leased" according to the terms and provisions as stated on the reverse side of this page to-wit: e agrees to for use of the following equipment, rental as follows: ---------_______Pa order and covering first month's rental -----______m__for ental ___n____n_____for third ntal -_______n_____per r, all rentals being due monthly in advance and payable at the office of City County oL~~-__---nn--------m--- Sta ::. either sales or use tax. Where state laws pro- in this contract are subject to this tax u and this contract. Lessee to insure equipInent as If this equipment is leased on a daily or weekly basis, the rate shall be $__n____n__-___-_n--n-per day k payable daily or weekly in advance. per wee , EQ - - - --- -- --~ ~ ---~ --- -~----------- ----------~ - ---- -- -~----~ ---- - - - - --- -- - - - - -- - --- ~ -~-- - - - ~ - --- -- - . - ~ - - -- -- - - - - - - - - - -- - ----- - ~ - - - - - - -- ---- - -- - - - -- - -- -- --- - - - --- - - - - - - -- - -- - - - -- -- ------ - - ----------------~-------~-----------------~-------------------- ----------.----- ---------- ------ --~ - - -- --- -- --------- --- - --- - --- -- -------------------------- --------- --- - - - ---------- -- -- ---- -----------~---~------------------.,.,-- -------~------------ - ---- ------ --- ~--------- -- -- --- -- - -------- -- - ~ ~ --- - - - -- - --- --- ---------------- ---------------~----~--------------------~------------~----------- - --- --- --- - - - - - ---- - ----- - - --- ---- - - -. ---- ----------------- -------- ---------------- ~--- -~-- -- - -.. - -- -- ~--- ----------~-------_._---------..,---~----------------------------- --- -~--~ -----~-------- - - - ---------------- ~- -- - - ----- - - - ~ - ~ - - - - - - - - - -- - - - -- -------- - ------------ -- - -- --- - - - -- - ------ - - ~ - . ._- - ~--- ------------------...---------...-----------:'---------- - ----~ ---- -- ~ --------~-------- - - - - - --- --- ~ - - - - -- - - - -- -- - - -- -- - - -- - -~ - - - - - ------- ----------------~- - ------->>---------- -- - --- - - --- - - - - - -- ----- ~------- ~-- - -- ----------..---- ----- --- -- --- - - . - - - - -- - M - - - - - - - ---- ~ --_ - - - _ _ _ _ _ _ _ _ _ ____ ______ -------------_________M_______~ ___ ___ ____ _ ___ _ _ ~_ -nmn_______Total Value $-___~-"--n --------------------------~------------_____________________~____M____________ - ..-------------------------------- ---------~------- ------------- - --- - - -- - - -----------~---------- ----- ----- - ------ - - - - - - -- - -- --- ---- Invoice to___ Stree.t Addr and State_______ ..~j--&a-.---h- ____ h__nn____h_____ CredIt Referencen________nhn_h_hn______h_____h_____ __ ___ __ _h__hh __ _ _____ _ _______h__n_ _h___ _____ h_h_n_ n_____nh____h_n___h________hhh_ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ - - - - - - ---------- -- --- -- - --- -- ----- - -- - - - - -- - -- - --- - -~ -- -~- - -~ - --- -- - - --- -- - - - - - - -- - - -- ------- - - -- - - - - - - -~ - ------ -- -.. - -- - -- ----- ------- - ------ ---- - -- - - ------- --- -- - - - - -- - - - - - - -- 6. The receipt and acceptance by the lessee of said shall constitute acknowledgement that said has been accepted and found in good, safe and able condition, and fit for use, unless the lessee makes claim to the contrary to the lessor by reo-istered mail with return receipt demanded, addressedo to the ~essor's home office within three days after receipt vf said equipment. The complaint as made shall set .torth in detail its complete nature and the condition Df the property received. 7. Should any of the machinery, equipment, or appurtenances, be received and accepted by the lessee from any cad company or any other carrier in a damaged condition, or with any of the machinery, equipment, parts or ap- purtenances missing, it shall be the duty of the lessee to obtain from said drayman, railroad company or other carrier, a written acknowledgement of the dam- age or shortage. The failure on the part of the lessee to obtain such statement or a on its receipt and acceptance of sai ment, parts and appurtenances sha ac- ceptance of said machine d ap- purtenances in good, safe, nd fit for use. Any damag d and is not covered by a wrl state- ment as aforesaid, or w acceptance of said property, shall be repaired and replaced at the expense of the lessee. If the machinery, equipment, parts or appurtenances or lost in trans- portation and the lessee the lessor a writ- ten detailed acknowledgemen an statement from the carrier setting forth the character of d loss, the lessor agrees to use reasonab in having lBaid repaired and loss replaced within a reasonable time, but the equipment shall be deemed to have been jelivered on date of acceptance thereof from carrier. 8. In the event of notice to the lessor by the lessee that the equipment is not in good, safe and serviceable condition and fit for use upon its arrival, the lessor shall have the right to put said equipment in good, safe and serviceable condition and fit for use, within a reasonable time, or to cancel this lease. 9. The lessor shall not be liable in any event to the lessee for any loss, delay or damage kind or character resulting from defects in, iency of equipment hereby leased or acci ental breakage thereof. 10. In the event of accident to, or breakage of, any part of the equipment lessee may have the same re- paired by any competent person, firm or corporation at its own expense or, upon notice to the lessor as to such breakage or accident, the . machinery for the lessee, using make said repairs or replacement in the shortest pos- sible time, and the lessee its regular charges for any mate furnished in making said repairs upon ; in the event any work is done outside of lessor's regular hours, including work necessary by wear and tear, by reason of which lessor shaH be required to ay double time or other overtime charges to its e ees, or to any- one doing the work for lessee, all sue charges will be paid by the lessee to the lessor. We agree to all the above conditions which are thoroughly understood. lessee shaH Iurnlsh the lessor wren a lanOloro. s release, which shall permit the lessor to remove the equipment from_ said property at any time during the life of, or after the expiration of, this contract. Should the lessee be lax in obtaining said landlord's release, the lessor reserves the right, and the lessee hereby grants per- mission to the lessor to obtain such release. 18. The lessee agrees, whenever requested by lessor, to give lessor the exact location of all of the machinery and equipment covered by this lease and further agrees to give lessor immediate notice of any levy attempted upon said equipment, or if said equip- ment from any cause becomes liable to seizure, and to indemnify lessor against all loss and damages caused by any such action. The lessor shall have the privi- lege at all times of entering any job, building or loca- tion where the above property is being used for the purpose of inspection and reserves the privilege of removing said machinery and equipment on twenty- four hours' notice if it is being overloaded or taxed beyond its capacity or in any manner abused or neglected. 19. The equipment hereby leased shall not be sub- let without the written consent of the lessor nor shall said property be moved out of the state specified in this contract without the written consent of the lessor_ 20. Should any of the provisions of this lease be violated by lessee the rental for the entire period herein specified, shall becoll1.e forthwith due and payable, and the lessor, or its agents may, without notice, enter the premises occupied by lessee without being a tres- passer thereon and take possession of and remove said equipment with or without process of law. In the event any action as hereinbefore set forth becomes necessary the lessee agrees to pay, in addition to other charges herein specified, all costs of removal of said machinery from the possession of the lessee and all freight, demurrage, storage, labor or other charges on or against said property incurred during or by the. removal, . shipping and return to the possession of the lessor at his designated receiving point, or equivalent point designated by the lessor. 21. The lessee agrees to pay all rentals when they are due and for all services and materials furnished and all damages and sums due the lessor under this contract as soon as the loss occurs or services are ren- dered or materials are furnished. The taking of notes, or renewals thereof, covering rentals herein specified shall not in any manner whatsoever change or invali- date the terms and conditions of this contract. 22. Lessee agrees that if any of the lease provisions are violated and lessor demands the return of the equipment that this lease shall constitute authority to the watchman or other persons responsible for the equipment to deliver all or any part of the equipment to the lessor or its agents. 23. Both lessor and lessee agree that no modifica- don of this agreement shall be binding upon them or either of them, unless such modification shall be in writing and dilly accepted in writing. 24. The lessor's designated receiving point referred to in this contract is shown on the first page of the contract in the space therein following the printed words "Return to." W. C. Caye Ii. Company Lessor. Lessee TERl\IS AND PROVISIONS OF LEASE 1. On local rentals, the rental period shall begin on and include the date of shipment to the lessee and shall end on and include the date of return to the lessor's 'Vvarehouse or receiv' On out-of-town , the rental period s 'n on and include bin of lading of shipmen to the lessee and d on and including the date of return to the ~ssor's siding or rec point. Both local and out- .>f-town rentals are ct to the minimum rental period provided for iI contract, If equipment is kept longer than the specified minim ' d, the rental will then be invoiced on a prO-I' sis. 2. The lessee agrees that the rates provided for in this contract are considered straight time rates based on eight (8) hours per day, seven ( t (8) hour days per week, or thirty (30) eight ur days in anyone thirty (30) consecutive day period. Should the machinery rented be used longer than the above specified hours in any specific period the over time rate shall be based as follows: 1/8th of the daily rate for each hour worked in excess of eight (8) hours in anyone day; 1/56th of the weekly rate for each hour worked in excess of fifty-six (56) hours in anyone weekly period; 1/240th of the monthly rate for each houl:' in excess of two-hundred and forty (240) hours worked in any one thirt~ (30) consecutive day period. 3. I~ IS understood between the parties that the lesso.r IS not the manufacturer of the equipment hereIn leased, nor the agent of the manufacturer of said equipment .and that_no patent or !atez:t defects m materIal, or capacity IS _gIven, nor that said eq eet the re- quu'ements of any law, r ions or con- +racts whic rovide for s chinery or an 'ttus or s methods, other that of - I .anufacturer of said equipment and as set in il~nuf~ct,:rer's catalog. and representations wherein saId machInery and eqUIpment is listed and described. 4. The lessor shall use reasonable care to see that th~ equipment is in proper working condition before ment to lessee. It is not to be actually operated operation or test is deemed nec- essary by lessor or unless lessee sbaU request such operation or test in writing, in lessee will be notified of the time and ration an_d test, a:r;td shall be permitte? to be present during sa~d operatIOn and test. If ?avmg requested it, lessee falls to be present at the tIme of operation and test lessee agrees that said equipment as turned out is iri proper operating condition_ ~. <?n n~n-tractor equipment the lessee agrees to maIntaIn saId machinery and eq nt in the same condition as when delivered to it he lessor, usual wear and tear excepted, and to pay aU claims and damages arising from defects therein, or from the use of ha:r.:dl!n~ of said machinery and equipment, whether from InJUrIeS to the person or property, and to pay for .all damages to the equipment, except the usual and ordinary wear and tear, during the life of this contract and to return said property in as good condition a~ when received to the storage yard of the lessor or rec~iving point designated by the lessor, usual 'and ordinary wear and tear excepted and to pay all freight, .1emurrage, storage, switching, drayage, trackage or >ther charges against said equipment from the time ehe same shall leave the storage yard of said lessor up to and including the time of its return to said storage yard or other place of return agreed upon. On aU tractor equipment, the conditions in agraph 5 applv except that the lessee agrees to f maintain the machinery covered in this contract in his possession and to return it in the same condition as re- ,. -,j "" ~ .. 'Ii . " '" ... .... 11. In the event the lessee accepts the machinery and equipment, as herein provided, and thereafter tbe said machinery proves defective or unfit for use, because of accident or otherwise, or, if for any other reason lessee desires to discontinue the use of said machinery or equipment, the ollly remedy of lessee shall be to return the machinery to lessor and termi- nate this contract as herein elsewhere provided for, which in no event shall be less than the transportation charges on said machinery and equipment and mini- mum rental herein provided for. 12. The lessee agrees to pay any charges for work or inspection required by any labor union. The lessor may, at its option, refuse to do any repair work on the equipment in time of strike, or any other cause beyond its control, or in violation of any rule affecting the equipment. The lessor reserves the right to re- move the equipment from the job at any time when, in its opinion, the equipment is in danger because of strikes or any other condition. 13. The lessee agrees to comply with and conform. to all municipal, state and federal laws relating to the operation of said machinery and to pay all costs and expenses of every character occasioned by or involving the use or operation of the machinery or equipment and to pay all ssments, taxes or public charges, ei state or federal, which may be levied on sa ent while in the pos- session of the lessee. in this paragraph is to be construed as mea the lessee is to pay the personal property tax eVIe against the machinery rented when said machinery is delivered within the home state of the lessor, as in this case the lessor is to pay his own personal property tax. In the event the equipment is rented outside of the home state of the lessor, any and all taxes assessed against the machinery, including personal property tax, are to be paid by the lessee, the words "home state" to mean any state in which the lessor has a home office or warehousing branch. 14. The lessee agrees to pay the lessor for aU loss and damages occasioned by fire, theft, :flood, accident, explosion, wreck, an act of God or any other causes that may occur during the life of this lease, and until such machinery has. been returned into the possession of the lessor and accepted by it. For the purpose of finding the valuation of said property in order to deter- mine the loss, damage or injury thereto, it is agreed by the parties hereto that the value as hereinbefore stated shall be a true and just value forming a basis for such adjustment_ In making such adjustment it is understood that no rentals theretofore paid or due shall apply to the payment of such loss_ 15. The lessee further agrees to indemnify the lessor against all loss, damage, expense and penalty arising from any action on account of any injury to person or property of any character whatsoever occa- sioned by the operation, handling or transportation of any of the equipment during the rental period, and while said machinery and equipment is in the pos- session or under the custody and control of lessee. 16. The lessee further agrees to protect tbe lessor on this contract with full insurance coverage, said in- surance to cover damage occasioned by fire, tbeft, :flood, explosion>" accident, act of God, or any other cause, that may occur during the life of this lease and to protect the lessor for public liability insurance for coverage to the limits of the State laws in which the €quipment leased is being used. 17. The title to the property herein leased and to all replacements thereof or substitution thereof is and shall remain in the lessor, and said machinery and equipment shall not become a part of any building, by '2__=__ _1~~~-3 ...-"'l--__~:_ ~_ "L-__ 'L..~::;__ ....._____..............:J' 4-l--..................+-......