10-0721 Biggers Chevrolet VEHICLE LOAN INDEMNIFICATION AGREEMENT
This Vehicle Loan Indemnification Agreement (this "Agreement") is hereby made and
entered into this 7/ day of 5v -7 , 2010, by and between the City of Elgin, an Illinois
municipal corporation (hereinafter referred to as the "City") and Biggers M s, Inc., an Illinois
corporation(hereinafter referred to as "Biggers"). C i.avr,%r-4.
WHEREAS, the City desires to use unmarked vehicles (herei a r referred to as
"Vehicles") for the purposes of crime detection and law enforcement; and
WHEREAS, Biggers is an auto dealership located in the Elgin area and has determined it
to be in its best interests to loan the City Vehicles for such law enforcement purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants provided
for herein, the receipt and sufficiency for which is mutually acknowledged, the parties hereto
hereby agree as follows:
1. The aforementioned recitals are hereby incorporated into and made a part of this
Agreement as if fully recited herein.
2. Biggers shall, at Biggers' sole discretion, loan Vehicles to the City upon the City's
request from time to time, at no charge to the City.
3. The City shall provide all reasonably necessary insurance coverage as a primary
insured and shall otherwise fully hold harmless and indemnify Biggers from and
against any and all suits, judgments, claims for damages, causes of action and any
and all other liability of whatsoever nature arising out of or in connection with the
City's use of the Vehicles as provided for pursuant to this Agreement.
4. The City shall pay all reasonable costs incurred by the City's use of the Vehicles
for fueling and repair of the Vehicles pursuant to this Agreement.
5. This Agreement shall expire December 31, 2011; provided, however, that either
party hereto may terminate this Agreement at any time for any reason upon notice
to the other party. In the event of such termination, the City shall return any
Vehicles provided by Biggers to the City which are in the City's possession at the
time of such termination, within twelve (12)hours of demand by Biggers.
6. Upon demand by Biggers, the City shall use its best efforts to return any Vehicle
supplied by Biggers to the City which is in the City's possession within one (1)
hour of such demand.
7. 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.
8. This Agreement is the only agreement between the parties hereto regarding the
subject matter hereof. There are no other agreements, either oral, written or
implied, between the parties hereto regarding the subject matter hereof.
9. This Agreement shall not be construed so as to create a joint venture, partnership,
employment or agency relationship between the parties hereto.
10. This Agreement shall be subject to and governed by the laws of the State of
Illinois. Venue for the resolution of any disputes of the enforcement of any rights
arising out of or in connection with this Agreement shall be in the Circuit Court of
Kane County, Illinois.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as
of the date hereinabove referenced.
CITY OF ELGIN
By: .eG1,4,. ,f'J
Sea R. Stegall, City nager
BIGGERS MOTORS, INC.
By: Ga. /.7 ...-�-�
mes B. Leichte , resident
f:\legal dept\agreement\vehicle loan indemnification agmt-biggers motors.docx
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VEHICLE LOAN INDEMNIFICATION AGREEMENT
This Vehicle Loan Indemnification Agreement (this "Agreement") is hereby made and
entered into this J/ day of Sve.-y , 2010, by and between the City of lgin, an Illinois
municipal corporation(hereinafter referred to as the "City") and Biggers ors, Inc., an Illinois
corporation(hereinafter referred to as "Biggers").
WHEREAS, the City desires to use unmarked vehicles (herein ter referred to as
"Vehicles") for the purposes of crime detection and law enforcement; and
WHEREAS, Biggers is an auto dealership located in the Elgin area and has determined it
to be in its best interests to loan the City Vehicles for such law enforcement purposes.
NOW, THEREFORE, in consideration of the mutual promises and covenants provided
for herein, the receipt and sufficiency for which is mutually acknowledged, the parties hereto
hereby agree as follows:
1. The aforementioned recitals are hereby incorporated into and made a part of this
Agreement as if fully recited herein.
2. Biggers shall, at Biggers' sole discretion, loan Vehicles to the City upon the City's
request from time to time, at no charge to the City.
3. The City shall provide all reasonably necessary insurance coverage as a primary
insured and shall otherwise fully hold harmless and indemnify Biggers from and
against any and all suits,judgments, claims for damages, causes of action and any
and all other liability of whatsoever nature arising out of or in connection with the
City's use of the Vehicles as provided for pursuant to this Agreement.
4. The City shall pay all reasonable costs incurred by the City's use of the Vehicles
for fueling and repair of the Vehicles pursuant to this Agreement.
5. This Agreement shall expire December 31, 2011; provided, however, that either
party hereto may terminate this Agreement at any time for any reason upon notice
to the other party. In the event of such termination, the City shall return any
Vehicles provided by Biggers to the City which are in the City's possession at the
time of such termination, within twelve (12)hours of demand by Biggers.
6. Upon demand by Biggers, the City shall use its best efforts to return any Vehicle
supplied by Biggers to the City which is in the City's possession within one (1)
hour of such demand.
7. 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.
8. This Agreement is the only agreement between the parties hereto regarding the
subject matter hereof. There are no other agreements, either oral, written or
implied,between the parties hereto regarding the subject matter hereof.
9. This Agreement shall not be construed so as to create a joint venture, partnership,
employment or agency relationship between the parties hereto.
10. This Agreement shall be subject to and governed by the laws of the State of
Illinois. Venue for the resolution of any disputes of the enforcement of any rights
arising out of or in connection with this Agreement shall be in the Circuit Court of
Kane County, Illinois.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as
of the date hereinabove referenced.
CITY OF ELGIN
By: i1l.�c
S R. Stegall, City anager
BIGGERS MOTORS, INC.
By: �- 4'747114. -
J
7 -14. /
J es B. Leicht , President
t:\legal dept\agreement\vehicle loan indemnification agmt-biggers motors.docx
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