R2009-144 ACCEPTING BID AND AUTHORIZING AGREEMENT

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AGREEMENT AGREEMENT made by and between the City of Decatur, Illinois, a municipal corporation ("City") and Martin Equipment of Illinois, Inc. ("Martin"). For and in consideration of the promises and obligations made and assumed hereunder, the City and Martin agree as follows: l. The City shall purchase from Martin one (1) 2009 John Deere 310SJ TMC diesel powered backhoe for the price listed on Exhibit A hereto as item #1. Delivery shall be within sixty (60) days of the date hereof, and payment shall be made within one (1) week there- after. 2. At the end of either 3,250 operating hours or 5 years, whichever first occurs, Martin shall repurchase said backhoe from the City for the sum of$35,000 if the City so elects and at the City's sole discretion. 3. Equipment purchased under this agreement will be operated by the City for sidewalk replacement, sewer repairs, watermain repairs, other miscellaneous excavations, minor ditching, snow removal and for other purposes which the equipment is designed. 4. The City will assume responsibility for all repair costs resulting from damage due to fire, windstorm, flood and rising waters, lightning, theft and pilferage, vandalism and accidents. Total cost of the repairs due to the above circumstances will not be included in computing the guaranteed maximum total cost of repairs covered under the contract. 5. Martin shall pay for all repairs (including parts and labor) to the equipment covered by the manufacturer's warranty, and those costs shall not be included in the total cost of repairs.