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Home My WebLink About02-254 Resolution No. 02-254 RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH WOODSTOCK HARLEY-DAVIDSON FOR THREE POLICE MOTORCYCLES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, be and is hereby authorized and directed to execute a Lease Agreement on behalf of the City of Elgin with Woodstock Harley-Davidson for the lease of three police motorcycles, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Adopted: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk LEASE AGREEMENT This Agreement is made and entered into this AW,/1 day of V , 2002 , by and between WOODSTOCK HARLEY-DAVIDSON, an Illi}4ois corporation (hereinafter "Lessor" ) and the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter "Lessee" ) . WHEREAS, Lessor desires to lease certain vehicles to Lessee and Lessee desires to lease from Lessor certain vehicles . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the parties hereto hereby agree as follows : 1 . EQUIPMENT AND USE: Lessee shall lease from Lessor the following described vehicles (hereinafter referred to as "Vehicles" ) . QUANTITY YEAR MODEL VIN# EQUIPMENT (3) 2002 FLH P Road King 1HD1FHW192Y653690 1HD1FHW192Y653351 1HD1FHW162Y652402 Lessee shall use Vehicles - for: municipal purposes only. Lessee shall at all times use and operate Vehicles in full compliance with all laws, ordinances, • insurance regulations and manufacturer ' s guidelines . Lessee shall maintain Vehicles and keep Vehicles in good repair and order. I ec-.ee $717.71 i j ;rte \Tel , l ?'7 in strict-. compliance with all manufacturing guidelines including, but not limited to, maintaining proper oil and fluid levels , undertaking proper oil changes and having the Vehicle sere ices at- Lessee sha:11 not permit Vehicles to be used as follows : A . To he operated by an unlicensed driver . B . Use or allow Vehicles to be used illegally or contrary to the provisions of any anelicable insurance policy. C . Use or allow Vehicles to be used in-properly, for hire, or as a public conveyance . D . Use "the Vehicles to pull any trailers . E . Expose Vehicles to any act which could result in a seizure, confiscation, forfeiture, or other involuntary transfer, regardless of whether the Vehicle was the subject of formal iudicial or administrative proceedings . � r F. No Vehicle shall be removed from the State of Illinois ' for more than 30 days without the prior written consent of Lessor. 2 . TERM OF LEASE: This lease shall commence on the day. of 2002 , and terminate on the day of , 2003. 3 . CONSIDERATION: Lessee shall pay rental payments of $ by the first day of each month that this lease is in effect, totalling an amount equal to $300 per year. 4 . MAINTENANCE, REPAIR, AND MODIFICATIONS: Lessee shall not modify, paint, or in any manner change or alter Vehicles without first obtaining Lessor' s prior written consent . Should Vehicles he modified, altered, damaged, or changed in any manner, absent normal wear and tear, Lessor reserves the right to repair or return the Vehicles back to its original condition and Lessee shall be liable for all costs and expenses on the same. Lessor consents to the addition of police decals and the equipment typically used _ on police vehicles, (i . e . emergency strobe lights and' siren) to Vehicles . Lessee acknowledges that it has received a copy of the Vehicles ' manufacturer ' s guidelines for maintenance and care of the same . A copy of said manufacturer' s *c77:7 71- _.'�.: ) 7 ;.177 i_s l r s ; th -!j.r entirety and are made a part hereof as Group Exhibit "A" . All repairs , modifications and/or alterations of Vehicles shall be undertaken b . _ w r i t i ng by Lessor . 5 . EXCESS MILEAGE CHARGE : Lessor and Lessee acknowledge that there shall be no mileage restrictions with regards to the use of Vehicles during the lease period. 6 . VEHICLE INSURANCE : Lessee shall maintain insurance for -public liability and property damage through Lessee' s self-insurance which shall be applicable to Vehicles durino Lessee ' s possession of Vehicles . -2- 5. I 7 . RISK OF LOSS: Lessee shall have the risk of loss of Vehicles once Lessee has taken possession of Vehicles . 8 . FINES, LIENS, AND ENCUMBRANCES : Lessee agrees to keep Vehicles free from all fines, liens, and encumbrances . If Lessee does not promptly pay any fine and/or remove any liens or encumbrances, Lessor may do so and declare this lease void while seeking all other damages as set forth under the terms of this agreement . Lessee shall reimburse Lessor any and all amounts incurred by Lessor in paying such fines, liens, and encumbrances, specifically excluding any and all attorney' s fees incurred therein. 9 . EARLY TERMINATION: Lessee may terminate this lease at any time if Lessee . notifies Lessor at least fifteen (15) days in advance . So long as Lessee is not in default under the terms of this agreement, there shall be no penalty or early termination fee . 10 . PROHIBITION OF TRANSFER OF LESSEE ' S INTEREST: Lessee shall not sublease, rent , assign, grant a security interest in, or otherwise transfer Lessee ' s interest under this lease in any way that affects Lessee ' s possession or use of the Vehicles or equipment or any (7,l,rer .. J:ii is ^.c. \7r 1�� .� T .��'C. F:1-1=0.1 attempt to transfer any other right. or interest under this lease or in the Vehicles . Lessor, upon reouest , may give prior written consent to allow any such transfer . 11 . SEVERABILITY : Should any part or portion of this agreement be determined to be void or otherwise unenforceable for any reason, that portion shall be stricken and the remainder of this agreement shall survive in full force and effect . 12 . GOVERNING LAW: This agreement shall he subject to and governed by the laws of the State of Illinois . Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall he in the Circuit Court of Kane County, Illinois . -3- 13 . NO OPTION: This is a lease agreement to lease the Vehicles and this is not a purchase agreement . 14 . RETURN OF VEHICLES : Lessee shall return the Vehicles at the lease end to the Lessor at the address of the Lessor and Vehicles shall be in good operating condition. Lessee shall allow Lessor to inspect Vehicles at any reasonable time and place . If Lessor asks to inspect Vehicles, Lessee shall tell the Lessor the location of the Vehicles . • The undersigned acknowledge that they have read this lease and agree to all of its terms and conditions . Furthermore, by signing this lease agreement the party signing on behalf of Lessee represents and warrants to Lessor that they have the authority to sign this lease and bind the Lessee to all of the terms and conditions of this lease . LESSOR LESSEE bAJL . * `c)(10Jki 1)CF),,A).A„--- PkvL _ S(�JeJS v1061..szvrIc_ Voka.e%ObW LEASE .WHD/RAGREE --4-