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Home My WebLink About38-78 RESOLUTIONRESOLUTION NO. 38 -lig A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A MOTOR VEHICLE LEASE AGREEMENT WITH COUNCIL ON AGING, INC. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute a Motor Vehicle Lease Agreement with Council On Aging, Inc. A copy of said lease agreement marked Exhibit "A" is attached hereto and made a part hereof. PASSED AND APPROVED THIS cac0 day of %�C�scti , 1978. .47. r7 ' %�AT-TES� . A ': w..,., _ tiCITY CLERK i APPROVED: f� e,f MAYOR i• • MICRO�U E 6 ions DATE REEL.]_ _. • A MOTOR VEHICLE LEASE Motor Vehicle Lease made this 15th day of June 1978, between City of Fayetteville, Arkansas, hereinafter referred to as "Lessor " and Council on Aging, Inc., hereinafter referred to as "Lessee". Lessor hereby leases to Lessee and Lessee hires from Lessor the motor vehicle described as one 1978 model B-300 Royal Sportsman Dodge Maxi -Van, Serial Number B36BD8X163674. Section 1. RENTAL. Lessee shall pay as rental for the vehicle the sum of One Dollar ($1.00) per year in advance. Section 2. DELIVERY OF VEHICLE. Lessor shall deliver the vehicle to Lessee at such time as Lessee assigns to Lessor title to Lessee's present Dodge van, Serial No. B37BE3X002919. Section 3. USE OF VEHICLE. Lessee agrees that it will not use or permit the use of the vehicle leased hereunder in a negligent or improper manner or in violation of any law, or so as to avoid any insurance covering the same, or permit the vehicle to become subject to any lien, charge or encumbrance. Section 4. LICENSING AND REGISTRATION The vehicle subject to this lease shall bear the license plates and the title thereto shall be registered in the name of Lessor. The annual registration or license fees shall be paid by Lessee. Unless otherwise specified, Lessor shall, where required, register the vehicle in conformance with the laws of the State of Arkansas. Section 5. MAINTENANCE AND REPAIRS. Unless otherwise agreed in writing by the parties, all service, materials, and repairs in connection with the use and operation of the vehicle during the lease term hereof, including but not limited to gasoline, oil, batteries, repairs, maintenance, tires, tubes, and towing necessary for its proper use and operation are at MiCROFILMFD DATE 1t1N 1 s 1979 7�- LLL .ifs1 Lessee's expense. Lessee agrees that the oilii' the crank case shall at all times be kept at proper level and shall be completely changed and the vehicle lubricated at intervals recommended in the manual provided by the manufacturer of the vehicle. Lessee shall take the vehicle to the appropriate factory authorized dealer for all service and repairs under manufacturer's warranty. Lessor shall not be liable for repairs, nor shall any such repairs be charged to it. Section 6. OBLIGATION TO INSURE: Lessee agrees tq maintain the following insurance coverages: bodily injury - $100,000 for each person and $300,000 each occurrence; property damage $25,000; uninsured motorist $10,000/$20,000; comprehensive - actual cash value less $50.00 deductible; collision - actual cash value less $100.00 deductible. Lessor shall be named as a co-insured on the aforesaid insurance policy. In the event Lessee shall fail to pay for or provide any insurance specified as the responsibility of Lessee, Lessor, at its option may pay for such insurance and add the amount paid to the next rental payment due from Lessee. Lessee will promptly notify Lessor of any accident or incident that may result in an insurance claim. Section 7. OBLIGATION TO PAY MISCELLANEOUS CHARGES: Lessee agrees to pay all storage charges, parking charges, and fines. Lesseewill pay any fees (.including vehicle registration and inspection fees) or taxes whichmay be imposed with respect to said vehicle by any duly constituted governmental authority as a result of Lessee's use or intended use. of the vehicle. Section 8. RISK OF LOSS AND. DAMAGE: Lessee shall bear all risks of damage or loss of the vehicle or any portion thereof not covered by insurance. All replacements, repairs, or substit- ution of parts or equipment shall be at the cost and expense of Lessee and shall be accessions to the vehicle. Lessee shall 4 at all times and at its expense keep the vehicle in good working order, condition, and repair, reasonable wear and tear excepted. Section 9. INDEMNITY OF LESSOR: Lessee agrees to indemnify Lessor against all claims, or losses, causes of action, and expense, including legal expenses, arising from the use, maintenance, and operation of the vehicle. Section 10. TERMINATION OF LEASE: This lease will terminate upon expiration of five years from the date of execution hereof; provided, Lessee may sooner terminate this lease by giving Lessor ten days advance notice in writing of intent to terminate if Lessee is not in default hereunder. Section 11. TERMINATION BY DEFAULT: Time is of the essence of this agreement. Lessor, at its option, may by written notice to Lessee declare this lease default on the happening ofany of the following: (a) Default by Lessee in payment or performance of any of its obligations hereunder. (b) A proceeding in bankruptcy or under any law for relief of debtors involving Lessee or the leased vehicle. (c) Voluntary assignment of Lessee's interest herein. (d) Involuntary transfer of Lessee's interest herein by operation of law. (e) Expiration o% cancellation of any policy of insurance agreed to be paid for by Lessee, or the cessation in force according to its original terms of such insurance, or of any extension or renewal thereof, during the entire term of this lease. On declaration by Lessor that the lease is in default, the vehicle shall be surrendered and delivered to Lessor, and Lessor may take possession of it wherever it may be found, with or without process of law, and for that purpose may enter on the premises of Lessee. On default, Lessee and Lessee's successor in interest, whether by operation of law or otherwise, shall have no right, title, or interest in the vehicle, or the possession or use thereof and Lessor shall retain all rents and other sums paid by Lessee hereunder with respect to the vehicle. Section 12. RETURN OF VEHICLE. On expiration of the lease term, or earlier termination of lease as herein provided, Lessee shall return the vehicle to Lessor in the same condition as when received less reasonable wear and tear and free from collision or upset damage. Said vehicle shall be returned to the City Administration Building of Lessor, or any other location mutually agreed upon by the parties. Section 13. ASSIGNMENT. Lessee agrees not to assign, transfer sublet, pledge, or encumber any of its rights under this lease, or the lease itself. Section 14. WAIVER. Failure of Lessor in any one or more incidences to insist upon the performance of any of the terms of this lease, or to exercise any right or privilege conferred herein, or the waiver of any breach of any terms of this lease shall not thereafter be construed as a waiver of such terms, which shall continue in force as if no such waiver had occurred. Section 15. LIMITATION OF WARRANTY. There are no warranties express or implied, by Lessor to Lessee, except as contained herein and Lessor shall not be liable for loss or damage to Lessee, nor to anyone else of any kind and however caused, whether by any vehicle or the repair, maintenance, or equipment thereof, or by any failure thereof or interpretation of service of use of any vehicle leased hereunder. Section 16, CONSTRUCTION OF INSTRUMENT. This agreement is one of leasing only and Lessee does not acquire hereby any right, title, or interest in the vehicle leased hereunder other than the right of possession of a lessee. Section 17. COMPLIANCE WITH NON-DISCRIMINATION REGULATIONS: Lessee agrees to abide by all rules and regulations of the Office .. -fa of Revenue Sharing pertaining to non-discrimination provisions of the State and Local Fiscal Assistance Act of 1972, as amended. If any lawsuit or administrative proceeding is filed against the Lessee, alleging discrimination, or other action by Lessee which might jeopardize Lessor's entitlement to General Revenue Sharing Funds, Lessee shall defend such lawsuit or administrative proceeding at Lessee's expense. If Lessor suffers a loss of Revenue Sharing Funds as a result of any act or acts by Lessee or Lessee's employees or agents, Lessee shall apy to Lessor an amount equivalent to such loss. Section 18. NOTICES. Any notice to be given hereunder shall be deemed given when sent by registered or certified mail to the regular mailing address of the parties. Section 19. SUCCESSION. This agreement shall be binding on and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have executed this lease on the date first above written. Subscribed and sworn to before me this day ofeg 1978 Notary Public My commission expires 199 CITY OF FAYETTEVILLE, ARKANSAS (LESSOR) BY 6Zrr/1C MAYOR ATTEST: CITY CLERK i t ;� r v ce. "r n a. COUNCIL ON AGING, INC.r-.t., • � e. (LESSEES). BY it? / PRESIbENT ATTEST CV/)/, /,e'%72^aJ `" f SECRETARY ?/