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2019-03-12 Tank Lease Agreement w/Sapp Brothers-Street DeptACCOUNT # 706949 �'- TANK LEASE AGREEMENT ERROSOS . SAPP BROS. PETROLEUM, INC. and CITY OF BLAIR UNDERSIGNED LESSEES This Agreement, made this 12 day of March, 2019, by and between Sapp Bros. Petroleum, Inc, and, hereinafter referred to as Lessees, located in Washington County, at 13654 COUNTY RD 26, BLAIR, NE, 68008. Telephone: 4024264191 WITNESSETH: For, and in consideration of, payment by Lessees to Sapp Bros. Petroleum, Inc. of the sum of $60 including tax, as rental for the first year of the term hereof, receipt of which is hereby acknowledged, and the agreements and covenants hereinafter set forth, Sapp Bros. Petroleum, Inc. agrees to lease to lessees beginning March, 2019, one 500 gallon capacity liquefied propane storage tank bearing the serial number: 9SE- 304239, manufactured by AMERICAN, upon the terms and conditions hereinafter set forth. RENTAL: Lessees agree to pay to Sapp Bros. Petroleum, Inc. rental for said tank at the rate of $60 including tax annually; payable in one installment per year of $60, including applicable sales tax, beginning March, 2019. Use of Tank: Lessees shall not, without the written consent of Sapp Bros. Petroleum, Inc., remove said tank from the premises above described, or fill or use said tank, in whole or in part, or suffer or permit the same to be filled with or used for storage of any commodity other than liquefied gas supplied by Sapp Bros. Petroleum, Inc., or it's nominee. The Terms and Conditions set forth on the reverse side of this agreement are incorporated in and made a part of this agreement. Lessee By: -41 Retail Propane , Lessee TERMS AND CONDITIONS FOR TANK LEASE AGREEMENT TERM OF AGREEMENT: Unless sooner terminated as herein provided, this agreement shall be in effect for a year to year term from and after the beginning date shown on the reverse agreement, and shall continue in effect from year to year until terminated by either party giving thirty (30) days written notice to the other. ROUTE CUSTOMER: By signing this tank lease you agree to be a route keep full customer. INSTALLATION: By signing the reverse, you agree that said tank will be or is already installed on the described premises. This agreement includes the cost of repairs or maintenance on the leased storage tank only. Any and all regulators, ground line, valves, piping, fittings, and other miscellaneous parts required to run propane from the tank to your service system and appliances are not a part of the tank itself, therefore are not included in this agreement, and will remain your private property, all at your own risk, cost and expense. TITLE TO TANK: The tank hereby leased is and shall remain personal property and shall not be permanently affixed to the realty. Title to said tank must remain in Sapp Bros. Petroleum, Inc.'s name. TAXES: You are required to pay sales tax on tank. leases. You are to report said tank for ad valorem and personal property tax purposes, and hereby agree to assume and pay any such taxes levied upon or assessed against said tank by the taxing authorities of the state, county and municipality wherein said tank is installed. INDEMNITY: By signing the reverse, you jointly and severally covenant to hold and save Sapp Bros. Petroleum, Inc., its successors and assigns, free and harmless from and against all costs, expenses, claims and liability for loss or damage arising or resulting from damage to or destruction of property, or injury to or the death of any person or persons whatsoever, directly or indirectly attributable to said tank or its installation and use. SALES OF PREMISES: If, during the term of this lease, the above described premises are sold, or if you discontinue occupancy thereof, you are to give Sapp Bros. Petroleum, Inc., its successors or assigns, thirty (30) days written notice of such sale or discontinuance of your occupancy of said premises. Failure to give such notice shall constitute default hereunder and you shall jointly and severally be liable to Sapp Bros. Petroleum, Inc., its successors and assigns, for the full rental price of said tank as determined in the section entitled "RENTAL" on the reverse of this lease agreement. RIGHT OF ENTRY: Sapp Bros. Petroleum, Inc., or its nominee, must have reasonable access to fill the tank and must be able to enter the premises where said tank is located at all reasonable times. In the event of termination of this agreement, Sapp Bros. Petroleum, Inc. shall have the right, without prejudice to its other remedies, for its representatives to disconnect, repossess and remove said tank with any contents from said premises without liability to you or others for any loss, expense, damage or inconvenience directly or indirectly caused by or resulting from this action, if any, thereof or otherwise. TERMINATION BY DEFAULT: You shall be deemed to be in default of this agreement, and all of your rights under the same shall, at the option of Sapp Bros. Petroleum, Inc., its successors and assigns, forthwith terminate under the following conditions: 1) If you allow said tank to be filled, in whole or part, by any propane supplier other than Sapp Bros. Petroleum, Inc. or its nominee, without the written consent of Sapp Bros, Petroleum, Inc. you would be deemed in default. 2) If your account remains in arrears for (30) thirty -days or more, in payment of your lease agreement or products received you would be deemed in default. 3) If you shall intentionally vandalize or otherwise damage said leased property you would be in default. 4) If you shall remove said tank from said premises you would be deemed in default. 5) If you shall use said tank, in whole or in part, for the storage -of any product other than L.P. (Propane) gas, you would be deemed in default. 6) If you fail to give any notice required to be given in accordance with this lease agreement or fail to keep and perform any covenant or obligation to be kept and performed hereunder, you would be in default. In the event this agreement results in termination by default, this form serves as your advance notice that Sapp Bros. Petroleum, Inc. will remove any and all leased property with little or no additional warning. ALTERATIONS: No oral promises, understandings or warranties, expressed or implied, shall be deemed part of this agreement, nor shall any alteration, amendment or waiver of any of the provisions hereof be binding upon either party hereto unless the same be in writing, signed by both parties involved. ASSIGNMENT: This agreement shall inure to the benefit of and bind the legal representative, successors and assigns of the parties hereto. No subletting or assignment hereof by you shall be valid without the written consent of Sapp Bros. Petroleum, Inc., its successors and assigns. LEASE TERMINATION: In event that the lease is terminated by the customer not needing the tank anymore or Sapp Bros Inc. terminating the lease there will be a $150.00 tank pick up fee. This lease meets Regulation Z. amendment of the Consumer Leasing Act of 1976, effective March 23, 1977.