86-0826 U-46 Bus Lease LEASE
By this Lease made and entered into this 26th day of August, 1986, 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 consideration 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 1/ 1039;
B) 1975 International Harvester Bus with 66 passenger Superior
Coach Body, vehicle identification number D0822EHA38497, commonly
known as Bus 1/ 1038.
I. The term of this Lease shall be from August I, 1986 to July 31 , 1987.
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.
Lessee shall pay the above specified amounts in full as rent for the months of
September 1986 through May 1987. Rental payments for the months of August 1986 and
June-July 1987 shall be the above specified amount prorated for the number of days
which Lessee utilizes the above described equipment.
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 months of
September and October which shall be paid on or before October 15, 1986.
1
All payments shall be sent to:
Attn: Mr. Michael Sarro - Bus Rental
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
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 insured, covering
.general and automobile liability and physical damage covering risk of loss or damage to
the Equipment or to others or the property of others with limits in the aggregate of not
less than $5,000,000 or per occurrence.
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 be specifically liable for the
maintenance of the following:
I) 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.
2
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 from any claim against Lessor (other than any
such liens or encumbrances which arise from Lessee's failure to perform any obligation of
Lessee hereunder); (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 Equip-
ment.
3
9. Waiver byLessor of anydefault 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.
10. Lessee agrees to indemnify and hold harmless Lessor, its employees,
officers and agents from any and all liability, claims, actions or damages arising out of or
due to the negligent acts or omissions of Lessee, its agents or employes, or the
i
existence and performance of this agreement or the condition of the Equipmerpt.
IN WITNESS WHEREOF, the parties have executed this Lease tine day and
year first above written.
CITY OF ELGIN
By / -'
J . es J . Coo , City Manager
Attest:
City Clerk
SCHOOL DISTRICT U-46
By 4-;
S-�0�
Attest:
(iaAw2 ...C)(2A4&__A
4 OFFICIAL SEAL
4 JANE C. PARKER
4 NOTARY PUBLIC, STATE OF ILLINOIS i
4 My Commission Expires Apr. 19, 1989
yr-yr NirNr-sr Nr Nir mu!Ns
4
9-17-86
TO: Mayor and Members of the City Council
FROM: City Manager
SUBJECT: School Distruct U-46/City of Elgin Bus Lease Agreement
PURPOSE: The purpose of the agreement is to renew the bus lease agreement be-
tween the City and School District U-46 for two yellow school buses owned
by the City of Elgin and operated by School District U-46.
BACKGROUND: The two school buses have been leased by U-46 from the City since
1981 . The Council has entered into a lease agreement with the School
District on an annual basis. The School District maintains insurance
coverage for the buses on an annual basis and is responsible for all main-
tenance and repairs to the buses.
FINANCIAL INPACT: There is no direct or indirect cost to the City for these
vehicles. The $290 per month rental charge paid by the School District
goes to the General Fund.
RECOMMENDATION: The School District is pursuing the possibility of purchasing
the school buses from the City. However, while this matter is being ne-
gotiated it is recommended that the lease agreement be entered into so
that the vehicles in question can be used by the District in its trans-
portation program.
0 ity Manager
ID ,
FILE COPY
TELEPHONE 312/695-6500
S� OF ESC
'girt150 DEXTER COURT ELGIN, ILLINOIS 60120-5555
oR4'f()118.14
October 8, 1986
Mr. Gordon Scherf
School District U-46
355 East Chicago Street
Elgin, Illinois 60120
Dear Mr. Scherf:
Enclosed find two copies of a lease agreement between School District
U-46 and the City of Elgin. Please cause the agreements to be executed
and return them to me. Upon receipt I will have them signed by the proper
City officials and return a fully executed copy to you.
Very truly yours,
Marie Yearman
City Clerk
nr
Enclosure