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HomeMy WebLinkAboutResolution - 227 - Lease Agreement - Nashville & Davidson County, MTA - 8 GMC Coaches - 08/09/1979RESO #227 - 8/9/79 fi RESOLUTION trrJ� BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Lease Agreement between the City of Lubbock and the Metropolitan Government of Nashville and Davidson County by and through its agent Metropolitan Transit Authority for the lease of eight (8) G.M.C. Coaches, which Lease Agreement is attached herewith and which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 9th day of August ,1979. DIRK WEST, MAYOR ATTEST: Evelyn Gaf ga,:City Secr t -Treasurer APPROVED AS TO FORM: 4 d G Vandiver, First Asst. City Attorney —De el e ci d Denzel Percifull, Director of Public Services TIED TO RESOLUTION #227 - 8/9/79 LEASE AGREEMENT THIS LEASE, made by and between the Metropolitan Government of Nashville and Davidson County, by and through its agent, the Metropolitan Transit Authority, hereinafter called the "Lessor", and the City of Lubbock, Texas, P.O. Box 2000, Lubbock, Texas 79457, hereinafter called the "Lessee": WITNESSETH: 1. The Lessor hereby leases unto the Lessee eight (8) 1960 G.M.C. Coaches, less tires, being moreparticularly described as follows: BUS IDENTIFICATION NUMBER NUMBER 701 TDH-4517-546 702 TDH-4517-547 703 TDH-4517-548 704 TDH-4517-549 707 TDH-4517-552 708 TDH-4517-553 709 TDH-4517-554 710 TDH-4517-555 2. To have and to hold the leased vehicles unto the Lessee for a term of two (2) months commencing with the date of possession on September 1, 1979. The effective date for rental payment purposes shall be the date that an auth- orized representative of the Lessee takes possession of the buses in Tulsa, Oklahoma and shall continue for two (2) months or for an extended period mutually 2 agreed to or until the coaches are returned to Nashville or disposed of as directed by the Lessor. After possession, the said coaches shall be leased on a month-to-month basis, and rental for any bus for any portion of a month shall be prorated. After the first thirty (30) days of this agreement, the Lessor reserves the right to terminate this lease upon a thirty (30) day notice to the Lessee. 3. The Lessee agrees to pay to the Lessor as rental for the coaches the sum of two hundred dollars ($200.00) per month for each coach leased to the Lessee for.the first twelve (12) month period. After said period of time, the cost of rental shall be renegotiated. Such rent is payable in advance— Should this lease be extended, rent is payable at the time the agreement to extend is reached. 4. The Lessee shall not assign or sublet this Lease without the written consent of the Lessor. 5. The Lessee hereby agrees to defend and save harmless the Lessor from the claims of any persons for damage to persons or property arising by reason of the Lessee's use of the leased vehicles hereinabove, or from the claim of any.person for damages to person or property arising by reason of or connected in any manner with the operation or maintenance of the leased vehicles. 6. As security for such defense, the Lessee shall provide a certificate of insurance indicating that the Lessee has provided for public liability and property damage liability insurance in which the Lessor is designated the loss payee for property. Accident benefit coverage is mandatory. Lessee shall cause any damage to the vehicles to be repaired in a workmanlike manner at Lessee's expense and, in case of total loss, the Lessee shall pay to the Lessor immediately the fair market value of any such vehicle. 7. The Lessor does not warrant the condition or performance of the leased vehicles in any respect. Said vehicles are used equipment and the Lessee accepts them "AS IS" and in their present condition. The Lessee here- with waives all warranties of expressed and implied merchantability or fitness of use. 8. The Lessee hereby agrees to purchase all spare bus components for maintenance of leased vehicles when available from the Lessor's current inventory at fair market value. 9. Should Lessee default in the performance of any of its obligations hereunder, including the payment of rent, this Lease shall be immediately in default and all sums due hereunder shall be immediately due and payable. In the event of such default, Lessor may take immediate possession of the vehicles. Lessor shall be entitled to prove claim for and obtain judgment against Lessee for the balance of the rent -agreed to be paid for the term, herein provided, plus all expenses of the Lessor.including a reasonable attorney's fee. 10. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage pre- paid and addressed as follows: To the Lessor at: Metropolitan Transit Authority 60 Peabody Street Nashville, Tennessee 37210 To the Lessee at: City of Lubbock, Texas P.O. Box 2000 Lubbock, Texas 79457 11. The Lessee hereby agrees a full inspection of each leased vehicle shall be made by the Lessor, at the expense of the Lessee, no less than one time per six (6) month period. The first inspection shall be made within sixty (60) days after the date of possession. 12. Upon termination of the Lease or default thereof the Lessee will peaceably surrender to the Lessor the leased vehicles in as good order and condition as when received. 13. The leased vehicles are to be returned by the Lessee at termination of the Lease to the Metropolitan Transit Authority, 60 Peabody Street, Nashville, Tennessee 37210, or to a place or point designated by the Metropolitan Transit Authority, which place or point shall in no event exceed the total miles between Lubbock, Texas, and Nashville, Tennessee. 14. This Lease embodies the entire agreement between the parties hereto relative to the subject matter hereof, and shall not be modified, changed, or altered in any respect except in wr-iting. No waiver of any condition or cov- enant of -this Lease by either party shall be deemed to imply or constitute a further waiver of the same or any other condition of said Lease. 15. It is agreed and understood between the.parties that this Lease shall not be binding on the parties until dated, executed by all parties, and a copy filed with the Metropolitan Clerk, and until the certificate of insurance is filed with the Metropolitan Clerk. 16. This Lease Agreement is executed1v the State of Tennessee and the .parties agree that the local law of the State of Tennessee shall apply to the interpretation of this agreement and to the resolution of all -controversies arising hereunder. IN WITNESS WHEREOF, -the parties hereto have set their hands the date and year first above written. Agreed this 9th day of August — ,1979. FOR THE LESSOR: METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY APPROVED AS TO FORM AND BY AND THROUGH ITS AGENT THE LEGALITY: METROPCVLIJAN TRANSIT AUTHORITY ci &kA tropolitan Attorney ATTEST: Evelyn Ga fga, City Se ry APPROVED AS TO CONTENT: T1- L i-u-nsit Coordinator FOR THE LESSEE: CITY OF LUBBOCK, TEXAS BY irk West, Mayor APPROVED AS TO FORM: 9, 71�j� Assistant City Attorney