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RESOLUTION NO.
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RESOLUTION OF THE CITY OF
EXECUTION OF A LEASE WITH YELLOW
TO CITY-OWNED AUTOMOBILES.
SAN BERNARDINO AUTHORIZING THE
CHECKER LEASING, INC. RELATING
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
authorized and directed to execute on behalf of said City a lease
with Yellow Checker Leasing, Inc. relating to City-Owned automo-
biles, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
on the c2 /'f.....J day of
to wit:
, 1976, by the following vote
meeting thereof, held
AYES:
NAYS:
ABSENT:
Ci~6f San Bernardino
Approved as to form:
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City At rney
FILED
Fi:8 J 1976
....,l"'Q'l,ITY;
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LEA S E
(autos for dial-a-ride project)
THIS LEASE is made and entered into this -J7:t!i: day of
, d976, by and between YELLOW CHECKER LEASING,
INC., a Calif nia corporation, hereinafter referred to as
"Lessee", an CITY OF SAN BERNARDINO, a municipal corpora-
tion, hereinafter referred to as "Lessor".
WIT N E SSE T H:
WHEREAS, Lessor and Lessee have previously entered into an
agreement whereby Lessee agrees to provide a Dial-A-Ride project
in accordance with the provisions of said agreement; and
WHEREAS, Lessor desires to lease six (6) motor vehicles
o Lessee for use in said program and Lessee desires to lease
said vehicles from Lessor; and
WHEREAS, this lease succeeds the prior lease between
and Yellow Cab of San Bernardino County, Inc., a
corporation, dated August 12, 1975 which expires
ebruary 8, 1976;
NOW, THEREFORE, in consideration of the mutual covenants,
onditions, provisions and promises contained herein it is agreed
s follows:
1. Vehicles Leased. Lessor hereby leases to Lessee, on
erm herein contained, six (6) motor vehicles described as
ollows:
(a) One (1) 1970 Plymouth Valiant, Identification
umber VL41COB3ll36l;
(b) One (1) 1969 Plymouth Valiant, Identification
umber VL4lCOB273840;
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(c) One (1) 1969 Plymouth Valiant, Identification
Number VL41A9B354663;
(d) One (1) 1965 Oldsmobile Station Wagon, Identifica-
tion Number 338555Zl06953;
(e) One (1) 1967 Ford, Identification Number
7J4H152478; and
(f) One (1) 1969 Checker, Identification Number
A11327790482.
2. Insurance. Lessee shall file with the City Adminis-
trator of Lessor a certificate of insurance for public liability
evidencing insurance for protection coverage for the conduct of
its programs and services. Limits of said insurance coverage
shall be $100,000 per person and $300,000 per accident covering
public liability for personal injury and shall be $50,000
covering property damage. The Lessor shall be named as an
additional insured on said policy (ies) .
3. License Plates and Registration. Lessor and Lessee
utually agree to, at all times, maintain said vehicles and
items of equipment registered in accordance with the laws of the
State of California.
4. Delivery of Vehicles. Lessee shall obtain the
ehicles leased hereunder from Yellow Cab of San Bernardino
ounty, Inc., a California corporation, on February 9, 1976,
nd Lessee shall succeed to all of Yellow Cab of San Bernardino
ounty, Inc.'s duties and responsibilities to Lessor pursuant
to a lease dated August 12, 1975 by and between Lessor and said
ellow Cab of San Bernardino County, Inc., the former Lessee.
essor shall not be liable to Lessee for any failure or delay in
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Lessee's failing to obtain delivery of said vehicles on said
date of February 9, 1976.
5. Use of Vehicles. Lessee agrees that said vehicles
will be used solely for the purpose of providing Dial-A-Ride
service within the service area delineated by the written agree-
ment between Lessor and Lessee, effective February 9, 1976, and
in accordance with the terms of said agreement. Lessee agrees
that it will not use or permit the use of vehicles leased
hereunder in a negligent or improper manner or in violation of
any law or so as to void any insurance covering the same or for
any purpose other than as set forth herein.
6. Payment of Rentals. Lessee agree s that it will pay
to Lessor monthly rentals for the use of each of said motor
vehicles upon the following basis:
(a) One dollar ($1.00) per operating hour for each
of the vehicles. The operating hours shall not exceed, twelve
(12) hours per day per vehicle Sunday through Friday of each
week during the term of this lease.
(b) Lessee shall report, on a monthly basis in
writing to Lessor, of all hours during which said vehicles were
operating and Lessee shall verify said monthly reports, under
penalty of perjury. Said report shall be in a form satisfactory
to Lessor and shall be submitted within five (5) days after the
end of the month. Thereafter, Lessor shall bill Lessee for
that month's rentals within ten (10) days of the end of said
month.
(c) Lessee shall pay the amount of said billings
wi thin ten (10) days of rec,eipt of same.
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7. Maintenance. Unless otherwise agreed in writing by
the parties, all service, materials, and repairs in connection
with the use and operation of the vehicles during the leased
term hereof, including but not limited to, gasoline, oil,
batteries, repairs, maintenance, tires, tubes, and towing
necessary for the proper use and operation of each vehicle, are
at Lessee's expense. Lessee agrees that the oil in the crank-
case shall at all times be kept at proper level and shall be
completely changed and the vehicles lubricated at intervals
recommended in the manual provided by the manufacturer of the
vehicle. Lessor shall not be liable for repairs, nor shall any
such repairs be charged to it.
8. Risk of Loss. Lessee shall bear all risks of damage
or loss of said vehicles, or any portions thereof not covered
by insurance. All replacements, repairs, or substitution of
parts or equipment of vehicles shall be at the cost and expense
of the Lessee and shall be accessions to said vehicles. The
Lessee shall at all times and at its expense, keep the vehicles
in good working order, condition, and repair, reasonable wear
and tear excepted.
9. Indemnity. Lessee agrees to save Lessor, its elec-
tive and appointive boards, commissions, officers, agents and
employees, harmless from all claims, losses, causes of action,
and expenses, including legal expenses, arising from the use,
maintenance, and operation of each vehicle leased hereunder.
10. Additional Charges. The Lessee agrees to pay all
storage charges, parking charges, and fines. Lessee will pay
any fees or taxes which may be imposed with respect to said
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vehicles by any duly constituted governmental authority as the
result of the Lessee's use or intended use of the vehicles.
11. Term. The lease term shall be for a period of 143
days commencing February 9, 1976, and ending June 30, 1976. This
lease of all of said vehicles terminates at the expiration of
the leased term, or at any other time after the first thirty
(30) days thereof, provided either party gives the other party
fifteen (15) days advance written notice of intent to terminate,
or in the event Lessor terminates the Dial-A-Ride program
pursuant to the provisions of that agreement between the parties
hereto, dated , 1976. upon surrender of the
vehicles at the place and in the condition specified in Para-
. graph 12 hereof at any termination, the Lessor and Lessee shall
meet and agree as to any sums due Lessor for unreasonable wear
and tear that may have occurred to said vehicles. Thereafter,
Lessee shall pay to Lessor any such sums within ten (10) days
after being billed therefor by Lessor.
12. Surrender of Vehicles. On expiration of the lease
term or other termination of this lease, Lessee shall surrender
said motor vehicles leased hereunder in the same condition as
when received less reasonable wear and tear, and free from
collision or upset damage, to the Lessor at the City Yards,
181 South Pershing, San Bernardino, California, or at any
location mutually agreed upon by the parties hereto. Notwith-
standing the foregoing, it is understood and agreed by the
parties hereto that Lessee obtains possession of said vehicles
from Yellow Cab of San Bernardino, County, Inc., a prior Lessee,
and that said vehicles are when received by Lessee hereunder in
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the same condition as when Yellow Cab of San Bernardino County,
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Inc. originally received said vehicles from Lessor, less
reasonable wear and tear. Lessee agrees that upon the termina-
4 tion of this lease, said vehicles will be surrendered in the same
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5 condition as they were in when originally obtained by the prior
6 Lessee, reasonable wear and tear excluded.
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13. Warranties. There are no warranties, expressed or
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implied, by the Lessor to the Lessee, except as contained herein,
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and Lessor shall not be liable for any loss or damage to Lessee,
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nor to anyone else, of any kind howsoever caused, whether by any
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vehicle, or in the repair, maintenance, or equipment thereof, or
by any failure thereof, or interruption of service or use of any
vehicle leased hereunder.
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14. Assignment. This lease shall not be assigned by
15 Lessee without the written consent of Lessor.
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15. Default. Time is of the essence of this lease. On
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the happening of any of the following, Lessor at its option,
may, by written notice to Lessee, declare this lease in default:
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(a) Default by Lessee in payment or performance of
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any of its obligations hereunder.
(b) A proceeding in bankruptcy or under any law for
22 relief of debtors involving Lessee or any of the leased property.
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(c) Voluntary assignment of Lessee's interest herein.
(d) Involuntary transfer of Lessee's interest herein
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25 by operation of law.
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(e) Expiration or cancellation of any policy of
27 insurance agreed to be paid for by Lessee, or if such insurance
28 ceases to remain in force according to its original terms during
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entire term of this lease, or any extension or renewal
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2 thereof.
3 On declaration by Lessor that the lease is in default,
4 all vehicles then subject hereto shall be surrendered and
5 delivered to Lessor, and Lessor may take possession of said
6 leased property wherever it may be found, with or without process
7 of law, and for that purpose may enter on the premises of
8 Lessee. On default, Lessee and Lessee's successor in interest,
9 whether by operation of law or otherwise, shall have no right,
10 title, or interest in the vehicles leased hereunder, or the
11 possession or use thereof, and Lessor shall retain all rents
12 and other sums paid by Lessee hereunder with respect to all such
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vehicles. Lessor shall then proceed as provided in Paragraph
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11 hereof. All sums due shall be paid to or paid by Lessee to
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Lessor as provided in Paragraph 11. The rights and remedies of
Lessor hereunder are not exclusive, but cumulative and in
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addition to all other rights and remedies provided by law.
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16. Waiver. Failure of Lessor in anyone or more in-
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stances to insist on the performance of any of the terms of this
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lease, or to exercise any right or privilege conferred herein,
or the waiver of any breach of any terms of this lease shall
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not thereafter be construed as a waiver of such terms, but they
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shall continue in force as if no such waiver had occurred.
17. Lease Only. This agreement is one of leasing only
25 and Lessee shall not acquire hereby any right, title, or inter-
26 est to vehicles leased hereunder other than that of a lessee.
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18. Notices. All notices hereunder to be given shall be
28 sufficient if in writing and directed to the recipient thereof
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latits last known address. Notices shall be deemed to have been
2 . igiven if either (1) personally delivered to the recipient, or
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:(2) if addressed to the recipient and deposited in the united
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IStates mail, postage prepaid and addressed to recipient's last
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5 Iknown address. The current addresses of the parties are as
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6 jfollows:
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7 Lessee
8 Yellow Checker Leasing , Inc.
1510 West Fifth Street
9 San Bernardino, California
10 Lessor
11 City of San Bernardino
300 North liD" Street
12 San Bernardino, California
19. Succession. This lease shall be binding on and inure
14 to the benefit of the heirs, executors, administrators, succes-
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15 sors, and assigns of the parties hereto.
16 IN WITNESS WHEREOF the parties have hereto executed this
17 lease on the date first hereinabove written.
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eI'l'Y,OF.S~B:ERN~rrgO
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Title
MAYOR
YELLOW CHECKER LEASING, INC.
ATTEST:
Byqff?~
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26 Approved as
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