FORM 104

PERSONAL PROPERTY LEASE AGREEMENT

(Public Entity is the Lessee)

AGREEMENT,  made   between  ______________________________  (herein  referred  to  as  "LESSOR") and __________________________ (Governmental Entity) (herein referred to as "LESSEE") ;

W I T N E S S E T H:

LESSOR leases and rents to LESSEE, and LESSEE leases and rents from LESSOR, the personal property described on attached Exhibit "A".

The term of this lease is for a period of ____________ (hours) (days) (weeks) (months) commencing on _______________ and terminating on _______________ under the following terms and conditions:

1.         RENT:  LESSEE agrees to pay LESSOR rent in the sum of $______ per (hour)(day)(week)(months) due and payable on a monthly basis by the _____ day of each month. [NOTE: If contract extends past Governmental Entity's fiscal year, a non-appropriation clause must be inserted.]

2.         MAINTENANCE AND REPAIR OF PROPERTY:  LESSEE agrees to perform routine maintenance and repair on the leased property necessary to maintain it in as good condition as the same is now in, reasonable wear and tear excepted.  LESSOR agrees to make all non-maintenance repairs of LESSEE, if the cost of such repairs exceed the amount of $_______.  Repairs costing less than $_______ shall be considered routine maintenance.  Risk of loss or damage to the leased property by fire, vandalism, theft or damage by the elements shall be that of LESSEE.

3.         WARRANTY:  LESSOR warrants that the leased property is in good repair and full maintained.  LESSEE, has examined the personal property and is relying upon its own judgment on the suitability of the personal property for its intended use.

4.         TIME OF ESSENCE AND DEFAULT:  Time and the strict and faithful performance of each of the conditions of this agreement is expressly made the essence of this agreement.  If LESSEE defaults in the payment of rent or defaults in keeping any of the other terms of this agreement, LESSOR may, terminate this agreement by written notice to LESSEE and repossess the leased property.  Upon a declaration of said default, LESSEE agrees to voluntarily relinquish possession of the leased property to LESSOR.  If LESSOR defaults in any of its obligations under this agreement, LESSEE shall have the right to terminate this agreement upon ten (10) days notice to LESSOR.

5.         ASSIGNMENT OR SUBLETTING PROHIBITED:  LESSEE shall not assign this lease nor sublet any of the personal property to any other person.

6.         ENTIRE AGREEMENT:  This is the entire agreement of the parties and can only be modified or amended in writing by the parties.

7.         ATTORNEY FEES:  If action is brought to enforce the terms or provisions of this lease, or to enforce forfeiture for default, or to collect damages for breach, the prevailing party in such action shall be entitled to recover from the losing party reasonable attorney fees together with costs authorized by law.

  DATED this _______ day of _______________, 20____.

Form and content approved by __________________ as attorney for _______________ (Governmental Entity).