81-0901 U-46 Bus Lease LEASE
By this lease made and entered into this 1st day of September,
1981, between the City of Elgin, a municipal corporation of the State of
Illinois, hereinafter called "Lessor" and School District U-46 of the
State of Illinois, hereinafter called "Lessee;" Lessor, for and in consi-
deration of the rent hereinafter specified and the covenants and agreements
hereinafter contained, leases to Lessee the following personal property
hereinafter referred to as Equipment:
A) 1978 International Harvester Bus with 65 passenger
Wayne Coach Body, vehicle identification number D0822HHB23780,
commonly known as Bus #1039;
B) 1975 International Harvester Bus with 66'P passenger
Superior Coach Body, vehicle identification number D0822EHA38497,
commonly known as Bus #1038.
1. The term of this lease shall be from September 1, 1981 to
June 15, 1982
2. Lessee agrees to pay without demand to Lessor, as rent for the
above described equipment according to the below rental schedule:
Bus 1039 - the sum of $170.00 per month;
Bus 1038 - the sum of $120.00 per month;
Total monthly payment - $290.00.
All rental payments shall be made on or before the first day of the month
for which the rentals are to be applied except the rental payment for the
month of September which shall be paid on or before September 16, 1981.
• All payments shall be sent to:
Attn: Mr. Michael Sarro - Bus Rental • -
City of Elgin
150 Dexter Court
Elgin, IL 60120
3. Lessee represents that Lessee has inspected and examined the
Equipment and accepts them in their present condition, and agrees that
Lessor shall not be required to make any improvements or repairs whatsoever
on or to the Equipment or any part thereof.
4. Lessee covenants and agrees:
a) To obtain and maintain in force and effect at all times a
policy of insurance, acceptable to Lessor and naming Lessor as an additional
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insured, covering general liability and physical damage covering risk of
loss or damage to the Equipment or to others or the property of others.
b) To keep the Equipment in good repair, condition and working
order and shall furnish any and all parts, mechanisms and devices therefor,
which shall become the property of Lessor.
Among other items Lessee shall/specifically liable for the
maintenance of the following.
1) tires;
2) exterior body and paint;
3) regular oil changes and tune ups;
4) brakes;
5) glass and windows;
6) interior seats, paint and condition generally.
c) To not assign or sublet the Equipment.
d) To return the Equipment in good working order to Lessor at
the termination or expiration of this lease.
5. If any default is made in the payment of rent in the performance
of or compliance with any other term or condition thereof, this lease, at the
option of Lessor, shall terminate and be forfeited, and Lessor may seize the
Equipment. Lessee shall be given written notice of any default or breach,
and termination and forfeiture of the lease shall not result if, within
thirty (30) days of receipt of such notice, Lessee has corrected the default
or breach or has taken action reasonably likely to effect such correction
within a reasonable time.
6. This Lease is net, net in every respect, and no right, title or
interest in the Equipment shall pass to Lessee, except the right to maintain
possession and use of the Equipment during the term of, and in accordance with
the provisions of, this Lease.
7. Upon any request by Lessor, Lessee shall make available for Lessor's
inspection, at any reasonable time at the location(s) of the Equipment hereunder,
the Equipment and Lessee's records as to the use, maintenance and repair thereof.
8. Lessor will not directly or indirectly create, incur or suffer
to exist any mortgage, security interest, pledge, charge, lien, encumbrance or
claim on or with respect to the Equipment, title thereto or any interest therein,
except (a) the respective rights of Lessor and Lessee as herein provided;
(b) liens or encumbrances which result from any action or inaction of Lessor or
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from any claim against Lessor (other than any such liens or encumbrances
which arise from Lessee's failure to perform any obligation of Lessee here-
under) , (c) liens for taxes either not yet due or being contested, in the
opinion of Lessor, in good faith and by appropriate proceedings and (d)
inchoate materialmen's, mechanic's, workmen's, repairmen's, employee's or other
like liens arising in the ordinary course of business and not delinquent.
Lessee will immediately notify Lessor of, and Lessee will immediately
at its own cost and expense take whatever action is necessary to duly discharge,
any such mortgage, security interest, pledge, charge, lien, encumbrance or
claim not excepted in (b), (c) and (d) above, when the same may arise at any
time, until the return of the Equipment.
9. Waiver by Lessor of any default in performance by Lessee of
any of the terms, covenants, or conditions contained herein, shall not be
deemed a continuing waiver of the same or any subsequent default'herein.
IN WITNESS WHEREOF, the parties have executed this lease the day
and year first above written.
CITY 'OF ELGIN,
By . ,
-• 'elson, i" ` ager
Attest:
Lity er
SCHOOL I. STRICT U-46
By
Attest:
4.e.740
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