HomeMy WebLinkAbout88-1215 Greyhound -i .
AGREEMENT
This agreement mode and entered into this \ 5 day of pec 198 , by and
between the CITY OF ELGIN, a municipal corporation organized and existing under the
laws of the State of Illinois (hereinafter referred to as "City"), and
GREYHOUND LINES, INC. , of Dallas, Texas (hereinafter referred to as "Lessee"),
WITNESSETH:
WHEREAS, the City, through a lease agreement with the Suburban Bus Divi-
sion of the Regional Transportation Authority, controls a bus terminal located at
100 West Chicago Street in,Elgin, Illinois; and "
WHEREAS, Lessee, engaged in the operation of motorbuses for the transpor-
tation of persons, baggage and express, desires to .use said terminal and its facilities in
' connection with Lessor's regular routes and service.
NOW, THEREFORE, in consideration of .the mutual covenants and promises
herein set forth it is mutually agreed herein by and betwen the parties:
I. The City ogrees to lease to the Lessee a single lane of the bus terminal
• focility located at 100 West Chicago Street in Elgin, Illinois, said lane to be determined
by the Director of Transportation of the-City.
2. It is agreed and mutually understood that Lessee's use of the single lane
of the subject terminal facility is limited to the ingress and egress of Lessee's buses and
the loading and unloading of passengers in connection with Lessee's regular routes and
service.
3. Lessee agrees to pay to the City two hundred and fifty dollars ($250.00)
• each month as rent for the above described portion of the bus terminal.
4. Lessee agrees not to increase its level of service to said terminal above
the level as provided in Exhibit A without the prior written consent of the City, which
• consent shall not be unreasonably withheld.
5. The Lessee agrees to indemnify and hold the City and the Suburban Bus
Division of the Regional Transportation Authority harmless from and against all liabili-
ties, judgments, costs, damages and expenses which may accrue against, be charged to or
recovered from the City and or the Suburban Bus Division of the Regional Transportation
Authority by reason or on account of damage to the subject bus terminal facility or the
property of, injury to or death of any person, arising from Lessee's use of and activities
at the subject bus terminal facility during the period of the lease term, including acts of
its agents, except when caused by the City's or the Suburban Bus Division of the Regional
Transportation Authority's negligence or by the joint negligence of the City or the
Suburban Bus Division of the Regional Transportation Authority and any person other
than the Lessee or its agents provided that the City and or the Suburban Bus Division of
the Regional Transportation Authority shall give the Lessee prompt and timely notice of
any claim made or suit instituted which in any way affects the Lessee or its insured and
the Lessee and its insured shall have the right to compromise and defend the same to the
extent of their own interests.
6. Lessee agrees to provide throughout the term of this agreement and at
its own expense policies of insurance, with a company acceptable to the City, which
name the City of Elgin and the Suburban Bus Division of the Regional Transportation
Authorty as additional named insured on said policies and which contain the following
terms:
Workman's Compensation: Motor Vehicle Liability:
(I) Coverage A - Statutory (I) $5,000,000.00
(2) Coverage B - $100,000.00
Comprehensive General Liability:
(I) Bodily Injury Liability and
(2) Property Damage Liability Combined $5,000,000.00
Including Broad Form Contractual.
7. It is further agreed and mutually understood that the term of this agree-
ment shall commence on the lstday of January , 1989, and shall continue in full
force and effect until midnight of the '3\ day of�t c��, �,� , 1989, provided however,
that the City may terminate said agreement at any time by providing thirty (30) days
prior written notice to Greyhound Lines, Inc.
8. All notices or demands shall be deemed to hove been duly given or made
if either personally delivered to the -other party or mailed in a postpaid envelope by
registered or certified mail addressed to the party as provided below, or at such other
address as shall have been designated by written notice.
With copy to:
City of Elgin Greyhound. Lines, Inc. Greyhound Lines, Inc.
150 Dexter Court c/o Contract Administration Real Estate Dept.
Elgin, Illinois 60120-5555 901 Main Street - #2400 901 Main St. - #2570
Dallas, TX 75202 Dallas, TX 75202
9. It is further ogreed and mutually understood that nothing in this contract
shall be construed or interpreted to mean a partnership, both parties being hereto respon-
sible for their separate and individual debts and obligations, and neither party shall be
responsible for any agreements not stipulated in this contract.
10. The parties hereto do mutually and severally guarantee terms, condi-
tions, and payments of this contract, these articles to be binding upon the parties, them-
selves, their heirs, executors, administrators, sucessors and assigns.
IN WITNESS WHEREOF, the parties have caused this agreement to be
executed by the Mayor and City Clerk of the City of Elgin and a Vice President of
Greyhound Lines, Inc.
CITY OF ELGIN GREYHOUND LINES, INC.
By By , �.II
• Mayo ice Pr-sident L McCRAC FN_
RATI ON
Attest: Attest:
City Clerk