02-254 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 .
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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 .
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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 .
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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
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LEASE .WHD/RAGREE
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