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<br />134 <br /> <br />o <br />[I') <br />t:J <br />_w <br />w..~,/!2f <br />Q.. <br /> <br />Lessor desires to lease said equipment to Lessee for the consideration <br />herein set forth. <br /> <br />NOW TnEREFORE, Lessor, for the consideration hereinafter stated, and <br />sub j ec t to the terms and condi ti ons here of, doe shere oy lease and let the <br />above dexcribed equipment unto Lessee for a period of one (1') year, begin- <br />ning on tnis the 22nd day of June, 1955, and terminating on the 22nd day <br />of June, 1956. <br /> <br />The total consideration for this lease emntract, is the sum of Seven <br />Thousand Three Hundred Seventy and 60/100 ($7,370.60) ~ollars, of which the <br />sum of One Thousand Three Hundred Seventy and 60/100 (.,,1,370.60) Dollars <br />has heretofore heen paid in cash to Lessor by Lessee and the entire balance <br />I and remainder of tho consideration for said lease, that is the ScL'l1 of I <br />Six Thousand Dollars, ($6,000.00) is evidenced by one promissory note of <br />even date herewith, signed as maker by the City of S~n Marcos, payable <br />to the order of Dulaney Service Company, bearins interest at the rate <br />of four (4%) per cent per annum, the pri,ncipal payable in mon thly ins tall- <br />ments of Five Hundred (~$500.00) Dollars each, the first such installment <br />to fall due and payable on July 15, 1955, and subsequent installments <br />of principal, each for the Slli'l1e amount, to fall due and payable on the <br />15th day of each succeeding month until pay.ment in full of this note. On <br />each principal installment payment date. all unpaid matured interest <br />shall he paid in addition to the said installment of principal. <br /> <br />Lessee acknowledges the receipt of said equipment, in good condition, <br />and upon the termination of this lease, unless Lessee exercises its option <br />to purchase the same, Lessor shall Q) entitled to the possession of' <br />the same, in good condition, ordinary wear and tear excepted. <br /> <br />Lessee shall have the right to make any reasonable use of said equip- <br />ment and at its own expense shall make all necessary repairs and re:?lace- <br />ments. Lessee agreos that Lessors shall not be liable in da'l1ages to any <br />persen, firm, or corporation arising out of the use and operation of <br />said equipment by Lessee. <br /> <br />Lessor hereby gives and grants unto Lessee, the option to purchase <br />said equipment from Lessor, in its then condition at any time during <br />the term of this lease, upon the pa"@ent of ~~e said sum of $7,370.6D, I <br />with interest at the rate of 4% from the date of this contract, until <br />the date of said purchase, and upon said purchase price Lessee shall <br />have credit for all payments, principal and intersst, theretofore <br />made, includinG the said cash payment of :,)1,370.60, the receipt of which <br />payment is hereby expressly acknowledged, and all payments made upon <br />said $6,000.00 note. <br /> <br />The consideration payable to Lessor under the terms of this Agreement, <br />may be assigned by Lessor. <br /> <br />IN WITNESS 'ffrlEREOF, the parties hereto have, on this 22nd day of <br />June, 1955, duly executed this Lease Contract in triplicate, Dulaney <br />Service Company signing by R. T. Dulaney, as Partner, and 'l'he City <br />of San Marcos signing oy the Mayor, Frank E. Dietterich, and the <br />Secretary, Mrs. Ann Ziemke, upon resolution duly made authorizing the <br />same, and duly entered in the minutes of the City Council of said <br />City of San Marcos, Texas. <br /> <br />DULANEY SERVICE COMPANY <br /> <br />EY~Js/_ J. H. Dulaney_ <br />Partner <br /> <br />CITY OF SAN MARCOS, TEXAS <br /> <br />I <br /> <br />ATTEST: <br /> <br />BY: Js/ Frank E. Dietterich <br />Mayor <br /> <br />Is/ Ann Ziemke <br />Secretary <br /> <br />Fa llowing is a copy of the no te: <br /> <br />$6,000.00 San Marcos, ~.~;:;:as June 22,_195'.) <br /> <br />In installments, for value received, waiving grace, protest and suit, <br />the City of San Marcos promises to pay to the order of Dulaney Service <br />Company, at the offices of the. First Nati.,~mal Bank in San Marcost Haysith <br />county, Texas, the sum of Six Thousand ($b,OOO.OO) Dollars, toge her w <br /> <br />interEt <br />