HomeMy WebLinkAbout205-08 RESOLUTIONRESOLUTION NO. 205-08
A RESOLUTION APPROVING A LEASE AGREEMENT WITH CAPPS RENT
A CAR, INC. FOR THE LEASE OF ONE (I) 2008 4 -DOOR SEDAN IN THE
AMOUNT OF $35,000.00 FOR USE BY THE FAYETTEVILLE POLICE
DEPARTMENT OFFICER ASSIGNED TO THE INTERNAL REVENUE
SERVICE TASK FORCE; AND APPROVING A BUDGET ADJUSTMENT
RECOGNIZING THE REIMBURSEMENT REVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves a
Lease Agreement with Capps Rent A Car, Inc. for the lease of one (1) 2008 4 -door sedan in the
amount of $35,000.00 for use by the Fayetteville Police Department officer assigned to the
Internal Revenue Service Task Force. A copy of the Lease Agreement, marked Exhibit "A," is
attached hereto and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a
budget adjustment recognizing the reimbursement revenue.
PASSED and APPROVED this 6th day of November, 2008.
APPROVED:
ATTEST:
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SONDRA E SMITH, City Clerk/Treasurer
STANDARD LEASE AND OPTION AGREEMENT
LESSOR: CAPPS RENT A CAR, INCORPORATED
8555 JOHN CARPENTER FREEWAY
DALLAS, TEXAS 75247
LESSEE: Fayetteville Police Department
100A W. Rock
Fayetteville, Arkansas 72701
THIS LEASE AGREEMENT IS ENTERED INTO BETWEEN CAPPS RENT A CAR, INC. (LESSOR) AND THE City of
Fayettevi11e Pol 1 re Department (LESSEE). THE LESSEE IS (a) A
CORPORATION, OR (b) A CORPORATION INCORPORATED IN THE STATE OF
AND AUTHORIZED TO DO BUSINESS IN THE STATE OF Arkansas OR (c)
THE IS AUTHORIZED:
TO ENTER INTO THIS AGREEMENT FOR THE PURPOSES DESCRIBED AND BOTH PARTIES AGREE AS FOLLOWS:
LESSEE DESIRES TO LEASE FROM LESSOR, THE VEHICLE OR VEHICLES IN ACCORDANCE WITH THIS AGREEMENT
AND TO HOLD THE VEHICLE OR VEHICLES FOR THE TERM OF THE LEASE. THIS AGREEMENT COVERS ALL VEHICLES
DELIVERED BY LESSOR AND ACCEPTED BY LESSEE.
EXCEPT AS MAY BE CANCELLED IN PARAGRAPH 5, HERE OF; THIS AGREEMENT SHALL BE IN EFFECT THROUGH OUT
THE ENTIRE LEASE TERM. THE LEASE TERM SHALL BE A PERIOD OF AT LEAST SIX MONTHS NOT TO EXCEED
TWELVE MONTHS, UNLESS OTHERWISE MUTUALLY AGREED UPON BY BOTH LESSOR AND LESSEE.
2a. LESSOR AGREES TO PROVIDE LESSEE DURING THE LEASE TERM WITH QUIET USE AND ENJOYMENT OF THE
EQUIPMENT. LESSEE WILL NOT USE, OPERATE OR MAINTAIN THE VEHICLE(S) IMPROPERLY, CARELESSLY, IN
VIOLATION OF ANY APPLI9CABLE LAW OR IN ANY MANNER CONTRARY TO THAT CONTEMPLATED BY THIS
AGREEMENT.
LESSEE SPECIFICALLY UNDERSTANDS AND AGREES THAT THERE ARE NO UNDERSTANDINGS, AGREEMENTS,
REPRESENTATIONS, OR WARRANTIES, (INCLUDING ANY WARRANTIES OR FITNESS FOR A PARTUCULAR PURPOSE),
THAT ARE NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR VEHICLES LEASED HEREUNDER. THIS
CONTRACT STATES THE ENTIRE OBLIGATION OF THE LESSOR IN CONNECTION WITH THIS TRANSACTION, AND
PAROL STATEMENTS ARE NOT A PART OF THIS AGREEMENT.
3a. LESSEE IS LEASING THE VEHICLES IN 'AS IS' CONDITION
3b. IN NO EVENT SHALL THE LESSOR BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING ACTUAL OR CONSEQUENTIAL
DAMAGE, IN CONNECTION WITH OR ARISING OUT OF THIS ATREEMENT RELATED TO LESSEE'S USE OF ANY
VEHICLES, PRODUCTS, OR SERVICES PROVIDED FOR IN THIS AGREEMENT.
3c. LESSEE IS RESPONSIBLE FOR ALL ROUTINE MAINTENANCE, SUCH AS OIL AND FILTER CHANGES (AT INTERVALS NOT
TO EXCEED 5,000 MILES BETWEEN CHANGES), TIRE REPAIR OR REPLACEMENT AND ANY MINOR REPAIRS. IN THE
EVENT OF A TIRE REPLACEMENT, LESSEE AGREES TO REPLACE THE TIRE WITH AN IDENTICAL LIIKE BRAND AS WAS
ORIGINALLY PROVIDED LESSEE AGREES TO PAY AN ADDITIONAL PREMIUM IN THE EVENT THAT OIL CHANGES ARE
NOT PERFORMED TIMELY. MINOR REPAIRS ARE DEFINED AS THOSE REPAIRS COSTING $150.00 OR LESS AND NOT
COVERED BY FACTORY WARRANTY. ANY REPAIR THAT WOULD BE LESSORS' RESPONSIBILITY IS TO BE APPROVED
BY LESSOR PRIOR TO RAPAIRS BEING PERFORMED.
3d. ANY REPAIRS OR MAINTENANCE IN EXCESS OF $150.00 AND NOT COVERED BY MANUFACTURER'S WARRANTY AND
DEEMED TO BE THE RESPONSIBILITY OF THE LESSOR, SHALL NOT BE PERFORMED WITHOUT PRIOR APPROVAL OF
LESSOR. NORMAL WEAR AND TEAR IS ACCEPTABLE. ABNORMAL WEAR AND TEAR OR SUBSTANDARD BODY
REPAIRS ARE NOT ACCEPTABLE AND WILL BE CHARGED BACK TO LESSEE. DAMAGED WINDSHIELDS MUST BE
REPLACED (REPAIRED OR 'PLUGGED' WINDSHELDS WILL NOT BE ACCEPTED) AT LESSEES EXPENSE. REPLACED
WINDSHIELDS ARE TO BE'CARLITE', 'PPG' OR'LOF' GLASS. LABOR TO REPAIR HOLES THAT HAVE BEEN DRILLED IN
VEHICLES BY LESSEE WILL BE CHARGED BACK TO LESSEE AT AUTHORIZED NEW CAR DEALERSHIP RATES.
4. THE OBLIGATION OF THE LESSEE TO MAKE RENTAL PAYMENT HEREUNDER IS A CURRENT EXPENSE OF LESSEE
AND NOT A DEBT OF LESSEE IN CONTRAVENTION OF ANY APPLICABLE LIMITATIONS OR REQUIREMENTS, NOR
SHALL ANYTHING CONTAINED HEREIN CONSTITUTE A PLEDGE OF THE GENERAL TAX REVENUES, FUNDS OR
MONIES OF LESSEE.
4a. THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS, AND TO PERFORM AND OBSERVE THE COVENANTS
AND AGREEMENTS CONTAINED HEREIN, SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS, EXCEPT AS
EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NOT WITHSTANDING ANY DISPUTE BETWEEN LESSEE AND
LESSOR, ANY VENDOR OR ANY OTHER PERSON, LESSEE SHALL NOT ASSERT ANY RIGHT OF SET-OFF OR
COUNTERCLAIM AGAINST ITS OBLIGATION TO MAKE PAYMENTS UNDER THIS AGREEMENT.
4b. LESSEE AGREES TO DO ALL THINGS LAWFULLY WITHIN ITS POWER TO OBTAIN AND MAINTAIN FUNDS FROM WHICH
THE RENTAL PAYMENTS MAY BE MADE.
5. IF SUFFICIENT FUNDS ARE NOT APPROPRIATED FOR RENTAL PAYMENT DUE IN ANY FISCAL YEAR AND THE LESSEE
SHALL HAVE AT SUCH TIME NO FUNDS DULY AUTHORIZED FOR THE RENTAL PAYMENTS, AN EVENT OF NON
APPROPRIATION SHALL BE DEEMED TO HAVE OCCURRED. THE LESSEE SHALL PROMPTLY DELIVER NOTICE
THEROF TO THE LESSOR. UPON THE OCCURRENCE OF AN EVENT OF NON APPROPRIATION, THE LESSEE AGREES
THAT THE LESSOR MAY RECLAIM POSSESSION OF THE VEHICLE(S). LESSEE AGREES PEACEABLY TO DELIVER THE
VEHICLE(S) TO LESSOR AT A REASONABLE LOCATION SPECIFIED BY LESSOR, ALL AT LESSE'S EXPENSE. ALL
PAYMENTS ARE DUE AND PAYABLE IN DLALAS COUNTY TEXAS.
5a. LESSEE SHALL PROMPTLY DISCHARGE ANY MECHANIC'S OR MATERIALMEN'S LIENS PLACED ON THE VEHICLE(S) BY
ANY AGENT, CONTRACTOR OR SUPPLIER OF THE LESSEE.
6. IN THE EVENT THAT THE USE, POSSESSION OR ACQUISITION OF THE VEHICLE(S) IS FOUND TO BE SUBJECT TO
TAXATION IN ANY FORM (EXCEPT FOR INCOME TAX OF LESSOR) GOVERNMENT CHARGES OR UTILITY CHARGES
AND EXPENSES, LESSEE WILL PAY ALL SUCH TAXES AND CHARGES AS THEY COME DUE.
7. AT ITS OWN EXPENSE, LESSEE SHALL BE WHOLLY RESPONSIBLE FOR LIABILITY DAMAGES TO THIRD PARTIES AS A
RESULT OF ITS USE OF THE VEHICLES, FURTHERMORE, IN THE EVENT OF AN ACCIDENT OR LOSS, LESSEE SHALL
BE FINANCIALLY RESPONSIBLE TO FULLY RESTORE THE VEHICLE(S) TO BEFORE DAMAGE STATUS, AND T IDEMINIFY
AND HOLD LESSOR HARMLESS, FROM ANY CLAIMS OR LOSS AS A RESULT OF LESSEE'S ACTIONS OR INACTIONS.
9. THIS AGREEMENT AND THE INTEREST OF THE LESSEE IN THE VEHICLE(S) MAY NOT BE SOLD, ASSIGNED OR
ENCUMBERED BY LESSEE WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR.
TO THE EXTENT PERMITTED BY THE LAWS AND CONSTITUTION OF THE STATE, LESSEE SHALL PROTECT, HOLD
HARMLESS AND IDEMNIFY LESSOR FROM AND AGAINST ANY AND ALL LIABILITY, OBLIGATIONS, LOSSES, CLAIMS
AND DAMAGES WHATSOEVER, REGARDLESS OF CAUSE THERE OF EXCEPT THOSE RESULTING FROM LESSOR'S
INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS, AND EXPENSES IN CONNECTION THEREWITH, INCLUDING,
WITHOUT LIMITATION, COUNSEL AND EXPENSES PENAL TIES AND INTEREST ARISING OUT OF OR AS THE RESULT
OF THE ENTERING INTO OF THIS AGREEMENT, THE OWNERSHIP OF ANY ITEM OF THE VEHICLE(S), THE ORDERING,
ACQUISITION, USE, OPERATING, CONTITION, PURCHASE, DELIVERY, REJECTION, STORAGE OR RETURN OF ANY
ITEM OF THE VEHICLE(S) OR ANY ACCIDENT IN CONNECTION WITH THE OPERATION, USE, CONDITION, POSSESSION,
STORAGE OR RETURN OF ANY ITEM OF THE VEHICLE(S) RESULTING IN DAMAGE TO PROPERTY OR INJURY TO OR
DEATH TO ANY PERSON. THE IDEMNIFICATION ARISING UNDER THIS PARAGRAPH SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
10. IF BY REASON OF FORCE MAJEURE LESSEE IS UNABLE IN WHOLE OR IN PART TO CARRY OUT ITS ARRANGEMENT
ON ITS PART HEREIN CONTAINED, OTHER THAN THE OBLIGATIONS ON THE PART OF LESSEE, LESSEE SHALL NOT
BE DEEMED IN DEFAULT DURING THE CONTINUANCE OF SUCH INABILITY. THE TERM 'FORCE MAJEURE' AS USED
HERIN SHALL MEAN, WITHOUT LIMITATION, THE FOLLOWING: ACTS OF GOD, STRIKES, LOCKOUTS OR OTHER
INDUSTRIAL DISTURBANCES, ACT OF PUBLIC ENEMIES, ORDERS OR RESTRAINTS OF ANY KIND OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA OR THE STATE OF TEXAS OR ANY OF THEIR DEPARTMENTS,
AGENCIES OR OFFICIALS, OR ANY CIVIL OR MILITARY AUTHORITY, INSURRECTIONS, RIOTS, LANDSLIDES,
EARTHQUAKES, FIRES, STORMS, DROUGHTS, FLOODS OR EXPLOSIONS.
11. IN THE EVENT ANY PROVISION OF THIS AGREEMENT SHALL BE HELD INVALID OR UNENFORCEABLE BY ANY COURT
OF COMPETENT JURISDICTION, SUCH HOLDING SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE ANY OTHER
PROVISION HEROF. ANY SUIT BROUGHT TO INTERUPT OR ENFORCE ANY PROVISION OF THIS AGREEMENT WILL BE
BROUGHT IN A COURT OF COMPETENT JURISDICTION IN DALLAS, COUNTY, TEXAS.
12. ALL ATTACHMENTS/EXHIBITS, ONCE ACCEPTED AND APPROVED BY BOTH PARTIES, BECOMES PART OF THIS
AGREEMENT.
City of Fayetteville
P• ce De. rtment
LESSEE: �
LESSOR: CAPPS RENT -A -CAR, INC.
BY: Atin /,/%' /. BY �� DAN ASBILL
TITLE: mayor -
DATE:
93LEAAGRMNT
TITLE: SENIOR ACCOUNTS,NTMANAGER
DATE: \\— \O —O L�
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2008
Departmen
Division:
Program:
Police
Police
Patrol
Date Requested
10/16/2008
Adjustment Number
Project or Item Added/Increased:
Recgonize reimbursement revenue for participating in
the IRS Task Force.
Project or Item Deleted/Reduced:
None
Justification of this Increase:
The IRS will reimburse the Police Department for up to
$15,000 overtime and $20,000 for vehicle expenses.
Justification of this Decrease:
Account Name
Overtime - Uniformed
Fuel
Travel & Training
Lease Expense
Account Name
IRS Reimbursement
Increase Budget
Account Number
1010 2940
1010 2940
1010 2940
1010 2940
5104
5213
5304
5309
Decrease Budget
Account Number
00
04
00
00
1010 0001 4310 02
Amount
Project Number
15,000 08071 1
10,500 08071 1
2,000 08071 1
7,500 08071 1
Amount
Project Number
35,000 08071 1
Reque
Approval Signatures
Budget Director
/e//]/o8'
Date
/U—
Date
Budget & Research Use Only
Type: A
General Ledger Date
Approval Date
Posted to General Ledger
Posted to Project Accounting
E
Initial
Date
Initial
Date
Initial Date
Greg Tabor
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/4/2008
City Council Meeting Date
Agenda Items Only
Police
Division
Action Required:
Police
Department
Contract approval of Lease Agreement with Capps Rent A Car Incorporated for the lease of one 2008 4 door sedan
type vehicle. This vehicle will be driven by the department's officer assigned to the IRS Task Force. The IRS Task
Force will reimburse the City of Fayetteville for cost of the vehicle, gasoline and overtime.
$35,000
Cost of this request
1010-2940-5104.00
1010 2940 5309.00
Account Number
08071
Project Number
Budgeted Item
35,000.00
Category / Project Budget
IRS Task Force
Program Category / Project Name
Patrol
Funds Used to Date Program / Project Category Name
35,000.00 General
Remaining Balance Fund Name
Budget Adjustment Attached
X
Department
Nkkt:C\ttjz�� Previous Ordinance or Resolution #
Date
Original Contract Date:
t� zid Original Contract Number:
Finance and Internal Service Director
Mayor
ate
Date
/072-2/057
Date
Received in City
Clerk's Office /,l_
Received in
Mayor's Office
Revised April 16, 2007
FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Dan Coody and Members of the City Council
FROM: Greg Tabor, Chief of Police
DATE: October 17, 2008
RE• Contract Approval for Vehicle Lease
Recommendation:
It is recommended the City Council approve a lease contract and budget adjustment
for the lease of a vehicle from Capps Rent A Car Incorporated. (See attached contract and
budget adjustment)
Background:
The Police Department has an officer assigned to the local Internal Revenue Service
Task Force This lease approval will allow the Police Department to lease a vehicle to be
assigned to this officer. The federal funding of the Task Force will provide
reimbursement for the vehicle and any overtime generated by this officer.
Discussion:
This lease contract will authorize the lease of a 2008 4 -door sedan type vehicle. This
vehicle will be for the use of the department's officer assigned to the Internal Revenue
Service Task Force.
Budget Impact:
The General Fund budget will receive revenues to cover these cost; therefore the
impact on the budget is zero.
l
RESOLUTION NO.
A RESOLUTION APPROVING A LEASE AGREEMENT WITH CAPPS RENT
A CAR, INC. FOR THE LEASE OF ONE (1) 2008 4 -DOOR SEDAN IN THE
AMOUNT OF $35,000.00 FOR USE BY THE FAYETTEVILLE POLICE
DEPARTMENT OFFICER ASSIGNED TO THE INTERNAL REVENUE
SERVICE TASK FORCE; AND APPROVING A BUDGET ADJUSTMENT
RECOGNIZING THE REIMBURSEMENT REVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves a
Lease Agreement with Capps Rent A Car, Inc. for the lease of one (1) 2008 4 -door sedan in the
amount of $35,000.00 for use by the Fayetteville Police Department officer assigned to the
Internal Revenue Service Task Force. A copy of the Lease Agreement, marked Exhibit "A," is
attached hereto and made a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas, hereby approves a
budget adjustment recognizing the reimbursement revenue.
PASSED and APPROVED this _ day of November, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
STANDARD LEASE AND OPTION AGREEMENT
LESSOR: LAPPS RENT A CAR, INCORPORATED
8555 JOHN CARPENTER FREEWAY
DALLAS, TEXAS 752d7
LESSEE: Fayetteville Police Department
Favettevllle, Arkansas
THIS LEASE AGREEMENT IS ENTERED INTO BETWEEN CAPPS RENT A CAR, INC. (LESSOR) AND THE
(LESSEE). THE LESSEE IS (a) A
CORPORATION, OR (b) A CORPORATION INCORPORATED IN THE STATE OF
AND AUTHORIZED TO DO BUSINESS IN THE STATE OF OR (c)
THE IS AUTHORIZED:
TO ENTER INTO THIS AGREEMENT FOR THE PURPOSES DESCRIBED AND BOTH PARTIES AGREE AS FOLLOWS:
LESSEE DESIRES TO LEASE FROM LESSOR, THE VEHICLE OR VEHICLES IN ACCORDANCE WITH THIS AGREEMENT
AND TO HOLD THE VEHICLE OR VEHICLES FOR THE TERM OF THE LEASE. THIS AGREEMENT COVERS ALL VEHICLES
DELIVERED BY LESSOR AND ACCEPTED BY LESSEE.
2. EXCEPT AS MAY BE CANCELLED IN PARAGRAPH 5, HERE OF; THIS AGREEMENT SHALL BE IN EFFECT THROUGH OUT
THE ENTIRE LEASE TERM. THE LEASE TERM SHALL BE A PERIOD OF AT LEAST SIX MONTHS NOT TO EXCEED
TWELVE MONTHS, UNLESS OTHERWISE MUTUALLY AGREED UPON BY BOTH LESSOR AND LESSEE.
2a. LESSOR AGREES TO PROVIDE LESSEE DURING THE LEASE TERM WITH QUIET USE AND ENJOYMENT OF THE
EQUIPMENT, LESSEE WILL NOT USE, OPERATE OR MAINTAIN THE VEHICLE(S) IMPROPERLY, CARELESSLY, IN
VIOLATION OF ANY APPLI9CABLE LAW OR IN ANY MANNER CONTRARY TO THAT CONTEMPLATED BY THIS
AGREEMENT.
3. LESSEE SPECIFICALLY UNDERSTANDS AND AGREES THAT THERE ARE NO UNDERSTANDINGS. AGREEMENTS.
REPRESENTATIONS, OR WARRANTIES, (INCLUDING ANY WARRANTIES OR FITNESS FOR A PARTUCULAR PURPOSE),
THAT ARE NOT SPECIFIED HEREIN, RESPECTING THIS CONTRACT OR VEHICLES LEASED HEREUNDER. THIS
CONTRACT STATES THE ENTIRE OBLIGATION OF THE LESSOR IN CONNECTION WITH THIS TRANSACTION, AND
PAROL STATEMENTS ARE NOT A PART OF THIS AGREEMENT.
3a. LESSEE IS LEASING THE VEHICLES IN "AS IS' CONDITION
3b. IN NO EVENT SHALL THE LESSOR BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING ACTUAL OR CONSEQUENTIAL
DAMAGE, IN CONNECTION WITH OR ARISING OUT OF THIS ATREEMENT RELATED TO LESSEE'S USE OF ANY
VEHICLES. PRODUCTS, OR SERVICES PROVIDED FOR IN THIS AGREEMENT.
3c. LESSEE IS RESPONSIBLE FOR ALL ROUTINE MAINTENANCE, SUCH AS OIL AND FILTER CHANGES (AT INTERVALS NOT
TO EXCEED 5,000 MILES BETWEEN CHANGES), TIRE REPAIR OR REPLACEMENT AND ANY MINOR REPAIRS. IN THE
EVENT OF A TIRE REPLACEMENT, LESSEE AGREES TO REPLACE THE TIRE WITH AN IDENTICAL LIIKE BRAND AS WAS
ORIGINALLY PROVIDED. LESSEE AGREES TO PAY AN ADDITIONAL PREMIUM IN THE EVENT THAT OIL CHANGES ARE
NOT PERFORMED TIMELY. MINOR REPAIRS ARE DEFINED AS THOSE REPAIRS COSTING $150.00 OR LESS AND NOT
COVERED BY FACTORY WARRANTY. ANY REPAIR THAT WOULD BE LESSORS' RESPONSIBILITY 15 TO BE APPROVED
BY LESSOR PRIOR TO RAPAIRS BEING PERFORMED,
ANY REPAIRS OR MAINTENANCE IN EXCESS OF $150.00 AND NOT COVERED BY MANUFACTURER'S WARRANTY AND
DEEMED TO BE THE RESPONSIBILITY OF THE LESSOR, SHALL NOT BE PERFORMED WITHOUT PRIOR APPROVAL OF
LESSOR. NORMAL WEAR AND TEAR IS ACCEPTABLE. ABNORMAL WEAR AND TEAR OR SUBSTANDARD BODY
REPAIRS ARE NOT ACCEPTABLE AND WILL BE CHARGED BACK TO LESSEE. DAMAGED WINDSHIELDS MUST BE
REPLACED (REPAIRED OR 'PLUGGED' WINDSHELDS WILL NOT BE ACCEPTED) AT LESSEE'S EXPENSE. REPLACED
WINDSHIELDS ARE TO BE 'CARLITE','PPG' OR 'LOP GLASS LABOR TO REPAIR HOLES THAT HAVE BEEN DRILLED IN
VEHICLES BY LESSEE WILL BE CHARGED BACK TO LESSEE AT AUTHORIZED NEW CAR DEALERSHIP RATES.
THE OBLIGATION OF THE LESSEE 'TO MAKE RENTAL PAYMENT HEREUNDER IS A CURRENT EXPENSE OF LESSEE
AND NOT A DEBT OF LESSEE IN CONTRAVENTION OF ANY APPLICABLE LIMITATIONS OR REQUIREMENTS, NOR
SHALL ANYTHING CONTAINED HEREIN CONSTITUTE A PLEDGE OF THE GENERAL TAX REVENUES. FUNDS OR
MONIES OF LESSEE.
S/b'd 22S£LSS6Lb:°1 992L 029 VT2 d?JJ 21H0-e-1N3a SddUJ:WO4d £T:£T 8002 -ST -130
4a. THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS, ANO TO PERFORM AND OBSERVE THE COVENANTS
AND AGREEMENTS CONTAINED HEREIN. SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS, EXCEPT AS
EXPRESSLY PROVIDED UNDER THIS AGREEMENT, NOT WITHSTANDING ANY DISPUTE BETWEEN LESSEE AND
LESSOR, ANY VENDOR OR ANY OTHER PERSON, LESSEE SHALL NOT ASSERT ANY RIGHT OF SET-OFF OR
COUNTERCLAIM AGAINST ITS OBLICATION TO MAKE PAYMENTS UNDER THIS AGREEMENT.
Ib. LESSEE AGREES TO DO ALL THINGS LAWFULLY WITHIN ITS POWER TO OBTAIN AND MAINTAIN FUNDS FROM WHICH
THE RENTAL PAYMENTS MAY BE MADE
5. IF SUFFICIENT FUNDS ARE NOT APPROPRIATED FOR RENTAL PAYMENT DUE IN ANY FISCAL YEAR AND THE LESSEE
SHALL HAVE AT SUCH TIME NO FUNDS DULY AUTHORIZED FOR THE RENTAL PAYMENTS, AN EVENT OF NON
APPROPRIATION SHALL BE DEEMED TO HAVE OCCURRED. THE LESSEE SHALL PROMPTLY DELIVER NOTICE
THEROF TO THE LESSOR. UPON THE OCCURRENCE OF AN EVENT OF NON APPROPRIATION, THE LESSEE AGREES
THAT THE LESSOR MAY RECLAIM POSSESSION OF THE VEHICLE(S). LESSEE AGREES PEACEABLY TO DELIVER THE
VEHICLE(S) TO LESSOR AT A REASONABLE LOCATION SPECIFIED BY LESSOR, ALL AT LESSE'S EXPENSE. ALL
PAYMENTS ARE DUE AND PAYABLE IN OLALAS COUNTY TEXAS.
5a. LESSEE SHALL PROMPTLY DISCHARGE ANY MECHANIC'S OR MATERIALMEN'S LIENS PLACED ON THE VEHICLE(S) BY
ANY AGENT, CONTRACTOR OR SUPPLIER OF THE LESSEE.
6. IN THE EVENT THAT THE USE, POSSESSION OR ACQUISITION OF THE VEHICLE(S) IS FOUND TO BE SUBJECT TO
TAXATION IN ANV FORM (EXCEPT FOR INCOME TAX OF LESSOR) GOVERNMENT CHARGES OR UTILITY CHARGES
AND EXPENSES, LESSEE WILL PAY ALL SUCH TAXES AND CHARGES AS THEY COME DUE.
7. AT ITS OWN EXPENSE. LESSEE SHALL BE WHOLLY RESPONSIBLE FOR LIABILITY DAMAGES TO THIRD PARTIES AS A
RESULT OF ITS USE OF THE VEHICLES, FURTHERMORE, IN THE EVENT OF AN ACCIDENT OR LOSS, LESSEE SHALL
BE FINANCIALLY RESPONSIBLE TO FULLY RESTORE THE VEHICLE(5) TO BEFORE DAMAGE STATUS, AND T IDEMINIFY
AND HOLD LESSOR HARMLESS, FROM ANY CLAIMS OR LOSS AS A RESULT OF LESSEES ACTIONS OR INACTIONS.
6. THIS AGREEMENT AND THE INTEREST OF THE LESSEE IN THE VEHICLE(5) MAY NOT BE SOLD. ASSIGNED OR
ENCUMBERED BY LESSEE WITHOUT THE PRIOR WRITTEN CONSENT OF THE LESSOR.
9, TO THE EXTENT PERMITTED BY THE LAWS AND CONSTITUTION OE THE STATE, LESSEE SHALL PROTECT, HOLD
HARMLESS AND IDEMNIFY LESSOR FROM AND AGAINST ANY AND ALL LIABILITY, OBLIGATIONS, LOSSES. CLAIMS
AND DAMAGES WHATSOEVER, REGARDLESS OF CAUSE THERE OF EXCEPT THOSE RESULTING FROM LESSOR'S
INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS, AND EXPENSES IN CONNECTION THEREWITH, INCLUDING,
WITHOUT LIMITATION, COUNSEL AND EXPENSES PENAL TIES AND INTEREST ARISING OUT OF OR AS THE RESULT
OF THE ENTERING INTO OF THIS AGREEMENT, THE OWNERSHIP OF ANY ITEM OF THE VEHICLE($), THE ORDERING,
ACQUISITION, USE, OPERATING, CONTITION, PURCHASE, DELIVERY, REJECTION, STORAGE OR RETURN OF ANY
ITEM OF THE VEHICLE(S) OR ANY ACCIDENT IN CONNECTION WITH THE OPERATION, USE, CONDITION, POSSESSION,
STORAGE OR RETURN OF ANY ITEM OF THE VEHICLE($) RESULTING IN DAMAGE TO PROPERTY OR INJURY TO OR
DEATH TO ANY PERSON, THE IDEMNIFICATION ARISING UNDER THIS PARAGRAPH SHALL SURVIVE THE
TERMINATION OF THIS AGREEMENT.
10. IF SY REASON OF FORCE MAJEURE LESSEE IS UNABLE IN WHOLE OR IN PART TO CARRY OUT ITS ARRANGEMENT
ON ITS PART HEREIN CONTAINED, OTHER THAN THE OBLIGATIONS ON THE PART OF LESSEE, LESSEE SHALL NOT
BE DEEMED IN DEFAULT DURING THE CONTINUANCE OF SUCH INABILITY. THE TERM 'FORCE MAJEURE' AS USED
HERIN SHALL MEAN. WITHOUT LIMITATION, THE FOLLOWING: ACTS OF GOD, STRIKES, LOCKOUTS OR OTHER
INDUSTRIAL DISTURBANCES, ACT OF PUBLIC ENEMIES, ORDERS OR RESTRAINTS OF ANY KIND OF THE
GOVERNMENT OF THE UNITED STATES OF AMERICA OR THE STATE OF TEXAS OR ANY OF THEIR DEPARTMENTS,
AGENCIES OR OFFICIALS, OR ANY CIVIL OR MILITARY AUTHORITY, INSURRECTIONS. RIOTS, LANDSLIDES,
EARTHQUAKES, FIRES, STORMS, Dl0UGHTS, FLOODS OR EXPLOSIONS.
11, IN THE EVENT ANY PROVISION OF THIS AGREEMENT SHALL BE HELD INVALID OR UNENFORCEABLE BY ANY COURT
OF COMPETENT JURISDICTION, SUCH HOLDING SHALL NOT INVALIDATE OR RENDER UNENFORCEABLE ANY OTHER
PROVISION HEROF. ANY SUIT BROUGHT TO INTERUPT OR ENFORCE ANY PROVISION OF Ti -115 AGREEMENT WILL BE
BROUGHT IN A COURT OF COMPETENT JURISDICTION IN DALLAS, COUNTY, TEXAS.
12. ALL ATTACHMENTS/EXHIBITS, ONCE ACCEPTED AND APPROVED BY BOTH PARTIES, BECOMES PART OF THIS
AGREEMENT.
LESSEE; LESSOR. CAPPS RENT -A -CAR, INC.
BY: BY:AA> ,vr`, DAN ASBILL
TITLE: TITLE: SENIOR ACCOUNTS MANAGER
DATE: DATE'
93LEAAGRMNT
S'S'd 22S£LBSELb:O1 892L 029 b12 dNJ dUJ471-1N3?J Sdde0:WOJA bt:£T 8962 -ST -±DO
Clarice Pearman - Capps Rent A Car
From:
To:
Date:
Subject:
Clarice Pearman
Tabor, Greg
11.7.08 11:54 AM
Capps Rent A Car
Page 1 of 1
Chief:
The City Council passed your agenda item regarding Capps Rent A Car Inc. I have a copy of the lease agreement in the
backup for this item. However I do need the original agreement with signature and the blanks filled in. Please let me know if
you have the original agreement. I appreciate your assistance.
Have a good day.
Clarice
file://C:\Documents%20and%20Settrngs\epearman.000Eocal%20Settings\Temp\XPgrpwise\49142C65FA... 11.7.08
Clarice Pearman - Res. 205-08
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Clarice Pearman
Tabor, Greg
11.17.08 1:09 PM
Res. 205-08
Audit; Fell, Barbara
Audit; Fell, Barbara
Page 1 of 1
Chief Tabor
Attached is a copy of the above resolution passed by City Council regarding the lease agreement with Capps Rent A Car, Inc.
I will forward to Budget & Research the budget adjustment. Please let me know if there is anything else needed for this item.
Have a good day!
Clarice
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