03-201 Resolution No. 03-201
RESOLUTION
AUTHORIZING EXECUTION OF A LEASE AGREEMENT WITH
WOODSTOCK HARLEY-DAVIDSON FOR TWO POLICE MOTORCYCLES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that David M. Dorgan, 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
two police motorcycles, a copy of which is attached hereto and made
a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: July 9, 2003
Adopted: July 9, 2003
Omnibus Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
LEASE AGREEMENT
This Agreement is made and entered into this 974 . day of
iv , 2003 , by and between WOODSTOCK HARLEY-
DAVIDS3N, an Illinois 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#
1 2003 FLHP RoadKing 1HD1FHW113Y729243
1 2003 FLHP RoadKing 1HD1FHW1X3Y730505
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. Lessee shall have Vehicles serviced
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 serviced at all recommended mileage
intervals . Lessee shall not permit Vehicles to be
used as follows :
A. To be operated by an unlicensed driver.
B. Use or allow Vehicles to be used illegally or
contrary to the provisions of any applicable
insurance policy.
C. Use or allow Vehicles to be used improperly, 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 judicial or
administrative proceedings .
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 '271. day of �V
2003, and terminate on the 07/1. day of Zrigi,/
2004 . //
3 . CONSIDERATION:
Lessee shall pay rental payments of $ 2 , 000 ($1, 000
each times 2) by the first day of the month following
execution of this lease.
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 be
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
guidelines is incorporated into this lease in their
entirety and is made a part hereof as Group Exhibit
"A"
All repairs, modifications and/or alterations of
Vehicles shall be undertaken by Lessor unless
otherwise agreed in writing by Lessor.
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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 during Lessee' s
possession of Vehicles .
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 fess 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 other right in the Vehicles . Lessee
shall not attempt to transfer any other right or
interest under this lease or in the Vehicles . Lessor,
upon request, may give prior written consent to allow
any such transfer.
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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 be 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 be in the Circuit Court of Kane
County, Illinois .
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
Date: UULXI ( 03 Date : 77/.570
NAME. David M. Dorgan
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