HomeMy WebLinkAboutResolution - 228 - Lease Agreement - American Transit Corporation - 8 GMC Coaches - 08/09/1979k� DGV:cl RESO #228 - 8/9/79
RESOLUTION
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 American Transit Corporation 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.
2RK"WEST,AYOR
ATTEST:
Evelyn Gaffga, City Secre ar Treasurer
!APPROVED AS -TO FORM:
Id G. Vandiver, First Asst. City Attorney
-TDeiyRCeq41jd00
enzel Percifull, Director of Public Services
TIED TO RESO #228 - 8/9/79
LEASE AGREEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LUBBOCK §
THIS LEASE is made by and between the CITY OF LUBBOCK, a Home Rule Municipal
Corporation of Texas, hereinafter called "CITY", and AMERICAN TRANSIT CORPORATION
of St. Louis, Missouri, hereinafter called "COMPANY".
WITNESSETH:
without tires
1. The COMPANY hereby leases to the CITY eight (8) G.M.C. Coaches,/the
same being more particularly described as follows:
UNIT NUMBER
1748
1812
1813
1816
1817
1847
1848
2187
MODEL MONTHLY RATE FOR ONE YEAR
TDH3501
TDH3502
TDH3502
TDH3502
TDH3502
TDH3502
TDH3502
TDH4509
$190
$225
$225
$225
$225
$225
$225
$100
2. The term of this lease shall be from October 1, 1979, to September 30,
1980, unless this agreement shall be extended for a period mutually agreed to
by the parties hereto.
3. The CITY agrees to pay monthly rental on each unit in the above
amounts to the COMPANY not later than the 10th day of each month during the
term of this lease agreement.
4. The CITY shall not assign or sublet above Coaches without the written
consent of the COMPANY.
5. The CITY hereby agrees to defend and save harmless the COMPANY from
the claims of any persons for damage to any persons or property arising by
reason of the CITY'S use of the leased vehicles, or from the claim of any
CEO
person for damages to persons or property arising from or in any manner con-
nected with the operation or maintenance of said vehicles.
6. The CITY shall cause any damage to the leased vehicles to be repaired
in a workmanlike manner at the CITY'S expense and, in the case of a total loss
of vehicle, the CITY shall pay the COMPANY the fair market value of any such
vehicle.
7. The COMPANY does not warrant the condition or performance of the
leased vehicles in any respect. Said vehicles are used equipment and the CITY
accepts them "AS IS" and in their present condition.
8. The CITY hereby agrees to purchasespareparts for the leased vehicles
from the COMPANY, if available, at fair market value.
9. Should the CITY default in the performance of its obligations here-
under, including the payment of rent,this lease shall be immediately in de-
fault and all sums'due shall be immediately due and payable. In the event of
such default, the COMPANY may take immediate possession of the vehicles.
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11. Upon termination of the lease, CITY agrees to peaceably surrender to
the COMPANY the leased vehicles in as good condition as when received.
12. This lease embodies the entire agreement between the parties hereto
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and it shall not be modified, changed or altered in any respect except by
mutual agreement in writing.
Executed this 9th day of August ,1979.
AMERICAN TRANSIT CORPORATION: CITY OF LUBBOCK:
172> et
President 0.
ATTEST:
Evelyn Ga fga, City Sec a y -Treasurer
APPROVED AS TO CONTENT:
Jo V
L. Wilson, Transit Coordinator
APPROVED AS TO FORM:
Id G. Vandiver, First Asst. City Attorney