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<br />,UNICIPAL LEASE AND OPTION. JREEMr;m" <br /> <br />LESSOR: <br /> <br />CAPPS RENT A CAR, INCORPORATED <br />8555 JOHN CARPENTER FREEEWAY <br />DALLAS, TEXAS 75247 <br /> <br />LESSEE: <br /> <br />City of PaTis <br /> <br />P. O. Box 9037 <br />P~ris, TX 75461 <br /> <br />THIS LEASE AGREEMENT IS ENTERED INTO BETWEEN CAPPS RENT A CAR INCORPORATED (LESSOR) <br />AND THE (LESSEE), A BODY CORPORATE AND POLITIC DULY ORGANIZED AND <br />EX ISTING UNDER THE LAWS OF THE STATE OF TEXAS. <br /> <br />1. <br /> <br />THE IS AUTHORIZED UNDER THE CONSTITUTIION AND LAWS OF THE STATE OF TEXAS TO <br />ENTER INTO THIS AGREEMENT FOR THE PURPOSES DESCRIBED AND BOTH PARTIES <br />AGREE AS FOLLOWS: <br /> <br />LESSEE DESIRES TO LEASE FROM LESSOR. THE VEHICLE OR VEHICLES IN ACCORDANCE WITH THIS AGREEMENT <br />AND TO HOLD THE VEHICLE OR VEHICLES FOR THE TERM OF THE LEASE. THIS AGREEMENT COVERS ALL <br />VEHICLES DELIVERED BY LESSOR AND ACCEPTED BY LESSEE. <br /> <br />2. THIS AGREEMENT SHALL BE IN EFFECT THROUGHOUT THE ENTIRE LEASE TERM. THE LEASE TERM SHALL BE A <br />PERIOD OF AT LEAST SIX MONTHS NOT TO EXCEED TEN MONTHS. UNLESS OTHERWISE MUTUALLY AGREED <br />UPON BY BOTH LESSOR AND LESSEE. <br /> <br />2a. LESSOR AGREES TO PROVIDE LESSEE DURING THE LEASE TERM WITH OUIET USE AND ENJOYMENT OF THE <br />EQUIPMENT. LESSEE WILL NOT USE. OPERATE OR MAINTAIN THE VEHICLE(S) IMPROPERLY, CARELESSLY, IN <br />VIOLATION OF ANY APPLICABLE LAW OR IN ANY MANNER CONTRARY TO THAT CONTEMPLATED BY THIS <br />AGREEMENT. <br /> <br />3. LESSEE SPECIFICALLY UNDERSTANDS AND AGREES THAT THERE ARE NO UNDERSTANDINGS, AGREEMENTS, <br />REPRESENTATIONS, OR WARRANTIES, (INCLUDING ANY WARRANTIES OR FITNESS FOR A PARTICULAR PUR <br />POSE). THAT ARE NOT SPECIFIED HERIN, RESPECTING THIS CONTRACT OR VEHICLES LEASED HEREUNDER. <br />THIS CONTRACT STATES THE ENTIRE OBLIGATION OF THE LESSOR IN CONNECTION WITH THIS TRANSACTION. <br />AND PAROL STATEMENTS ARE NOT A PART OF THIS AGREEMENT. <br /> <br />3a. LESSEE IS LEASING THE VEHICLES IN 'AS IS' CONDITION. <br /> <br />3b. IN NO EVENT SHALL THE LESSOR BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING ACTUAL OR CONSEOUEN <br />TIAL DAMAGE, IN CONNECTION WITH OR ARISING OUT OF THIIS AGREEMENT RELATED TO LESSEE'S USE OF ANY <br />VEHICLES, PRODUCTS, OR SERVICES PROVIDED FOR IN THIS AGREEMENT. <br /> <br />3c. LESSEE IS RESPONSIBLE FOR ALL ROUTINE MAINTENANCE, SUCH AS, OIL AND FILTER CHANGES (AT INTERVALS <br />NOT TO EXCEED 5,000 MILES BETWEEN CHANGES), TIRE REPAIR OR REPLACEMENT AND ANY MINOR REPAIRS. IN <br />THE EVENT OF A TIRE REPLACEMENT, LESSEE AGREES TO REPLACE THE TIRE WITH AN IDENTICAL LIKE BRAND <br />AS WAS ORIGIONALL Y PROVIDED. LESSEE AGREES TO PAY AN ADDITIONAL PREMIUM IN THE EVENTTHAT OIL <br />CHANGES ARE NOT PERFORMED. MINOR REPAIRS IS DEFINED AS THOSE REPAIRS COSTING $50.00 OR LESS <br />AND NOT COVERED BY FACTORY WARRANTY. ANY REPAIR THAT WOULD BE LESSORS' RESPONSIBILITY IS TO <br />BE APPROVED BY LESSOR PRIOR TO REPAIRS BEING PERFORMED. <br /> <br />3d. ANY REPAIRS OR MAINTENANCE IN EXCESS OF $50.00 AND NOT COVERED BY fJ.ANUFACTURER'S WARRANTY AND <br />DEEMED TO BE THE RESPONSIBILITY OF THE LESSOR, SHALL NOT BE PERFORMED WITHOUT PRIOR APPROVAL <br />OF LESSOR. NORMAL WEAR AND TEAR IS ACCEPTABLE. ABNORMAL WEAR AND TEAR OR SUBSTANDARD BODY <br />REPAIRS ARE NOT ACCEPTABLE AND WILL BE CHARGED BACK TO LESSEE. DAMAGED WINDSHIELDS MUST BE <br />REPLACED (REPAIRED OR 'PLUGGED' WINDSHIELDS WILL NOT BE ACCEPTED) AT LESSEE'S EXPENSE. RE, <br />PLACED WINDSHIELDS ARE TO BE 'CARLlTE'. -PPG' OR -LOF' GLASS. LABOR TO REPAIR HOlES THAT HAVE <br />BEEN DRILLED IN VEHICLES BY LESSEE WILL BE CHARGED BACK TO LESSEE AT AUTHORIZED NEW CAR <br />DEALERSHIP RATES. <br /> <br />4. THE OBLIGATION OF THE LESSEE TO MAKE RENTAL PAYMENT HEREUNDER IS A CURRENT EXPENSE OF LESSEE <br />AND NOT A DEBT OF LESSEE IN CONTRAVENTION OF ANY APPLICABLE LIMITATIONS OR REQUIREMENTS, NOR <br />SHALL ANYTHING CONTAINED HERIN CONSTITUTE A PLEDGE OF THE GENERAL TAX REVENUES. FUNDS OR <br />MONIES OF LESSEE. <br /> <br />4a. THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS, AND TO PERFORM AND OBSERVE THE COVENANTS <br />AND AGREEMENTS CONTAINED HERIN, SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS, EXCEPT AS <br />EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NOTWITHSTANDING ANY DISPUTE BETWEEN LESSEE AND <br />LESSOR, ANY VENDOR OR ANY OTHER PERSON, LESSEE SHALL NOT ASSERT ANY RIGHT OF SET-OFF OR <br />COUNTERCLAIM AGAINST ITS OBLIGATION TO MAKE PAYMENTS UNDER THIS AGREEMENT. <br /> <br />4b. LESSEE AGREES TO DO ALL THINGS LAWFULLY WITHIN ITS POWER TO OBTAIN AND MAINTAIN FUNDS FROM <br />WHICH THE RENTAL PAYMENTS MAY BE MADE. EXHIf3lI A <br />