08-0421 Algonquin LITH og-o4a1
TRAILER LEASE AGREEMENT
THIS kGREE4ENT is hereby made and entered into this
day of /�� / (`jD , by and between the city of Elgin,
Illinois, a municipal corporation (hereinafter referred to as
"City") and the Algonquin Lake in the Hills Fire Protection
District, an Illinois municipal corporation (hereinafter
referred to as "District" ) .
WHEREAS, City owns a "Haulmark" Trailer, Model No.
KD7X12W12, Vehicle ID Number 1GHPB12293H105260, with
dimensions of approximately 7 ' x 12 ' (hereinafter referred to
as "Trailer") ; and
WHEREAS, District has a need for Trailer for use with its
hazardous materials teams; and
WHEREAS, each of the parties hereto have each determined
it to be in their best interests for City to lease Trailer to
District;
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the sufficiency of which is
hereby mutually acknowledged, the parties hereto hereby agree
as follows :
1 . The above recitals are hereby incorporated into and
made a part of this agreement .
2 . City shall lease the use of Trailer to District
during the term of this agreement at the rate of $1 . 00 per
year.
3 . District shall arrange for the pick-up and return of
Trailer at District ' s sole expense.
4 . Trailer shall be used by District or for the use of
the Mutual Aid Box Alarm System Division 2 Hazardous Materials
Team and the Technical Rescue Team.
5. District shall insure and license Trailer during the
term of this agreement, and shall pay all costs associated
therewith. Such insurance shall be in the following amounts :
6. District shall return Trailer to City upon the
expiration of this agreement, or at such time as District
receives a dedicated response vehicle so that District no
longer has a need for Trailer, whichever comes first .
7 . Trailer shall be returned to City in the same
condition as it was provided by City, normal wear and tear and
agreed upon modifications excepted. In the event of any
damage to Trailer, Trailer shall be repaired at District ' s
sole expense.
8 . This agreement shall terminate on December 31, 2009,
or upon District ' s return of Trailer to City, whichever comes
first.
9. This agreement shall not be construed so as to
create a joint venture, partnership, employment or other
agency relationship between the parties hereto.
10 . The 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 .
11 . The terms of this agreement shall be severable. In
the event any of the terms or provisions of this agreement are
deemed to be void or otherwise unenforceable for any reason,
the remainder of this agreement shall remain in full force and
effect .
12 . District shall defend, hold harmless and indemnify
City from and against any and all causes of action, suits,
judgments, claims for damages and any and all other liability
of whatsoever nature, arising out of or in connection with
District ' s use of Trailer. In the event the provisions of
this paragraph are invoked regarding District ' s duty to
defend, counsel for City shall be of City' s choosing. The
provisions of this paragraph shall survive any termination
and/or expiration of this agreement.
13 . This agreement is the sole agreement between the
parties hereto. There are no other oral agreements between
-2-
the parties hereto and this agreement may not be modified or
amended unless such modification or amendment is agreed to in
writing by the parties hereto.
CITY OF ELGIN ALGONQUIN LAKE IN THE HILLS
FIRE PROTECTION DISTRICT
By COM � BY ,j_-
City - •e Its rift- CA-4/
A est .
City Clerk
F:\Legal Dept\Agreement\Trailer Lease-Fire Dept.doc
-3-