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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN ~RNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH YELLOW CHECKER LEASING, INC. RELATING
TO THE LEASE OF TEN CHECKER MOTOR VEHICLES FOR USE IN THE DIAL-A-
RIDE PROGRAM.
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I BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
IOF SAN BERNARDINO AS FOLLOWS:
I SECTION 1.
I hereby authorized and directed to execute on behalf of said City
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I a Lease with Yellow Checker Leasing, Inc. relating to the lease
The Mayor of the City of San Bernardino is
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of ten checker motor vehicles for use in the Dia1-A-Ride Program,
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a copy of which is attached hereto, marked Exhibit "A" and
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incorporated herein by reference as fully as though set forth
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I at length.
! I HEREBY CERTIFY that the foregoing resolution was duly
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the Mayor and Common Council
a.~
day of"/ .
of the City of San
adopted by
meeting thereof, held
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Bernardino at
on the /9/lC
, 1977, by the following
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vote, to wit:
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AYES:
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NAYS:
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ABSENT:
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The foregoing resolution is
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of
, 1977.
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F'I~_ED
DEG 231971
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UCILLE qOFORTH. City Clerk
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LEA S E
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THIS
(City Owned Automobiles for Dial-A-Ride)
LEASE is made and entered into this ~~l day of
, 197{, by and between the CITY OF SAN BERNARDINO"
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>riZ.'1UL4AAA
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'a) municipal corporation, hereinafter called "Lessor", and YELLOW
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CHECKER LEASING, INC., a California corporation, hereinafter
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called "Lessee".
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WIT N E SSE T H:
9 WHEREAS, Lessor and Lessee have previously entered into
10 an agreement dated July 19, 1977, wherein and whereby Lessor
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11 agrees to provide Dial-A-Ride service in the City of San Bernardinb
12 in accordance with the provisions of said agreement; and
13 WHEREAS, Lessor desires to lease ten (10) checker motor
14 vehicles listed herein for use in Dial-A-Ride service provided
15 pursuant to said agreement, and Lessee desires to lease said
16 vehicles from Lessor,
17 NOW, THEREFORE, in consideration of the mutual covenants,
18 conditions, provisions, promises and legal detriments contained
19 herein, it is agreed as follows:
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1. Lessor hereby agrees to lease to Lessee, and Lessee
21 hereby agrees to lease from Lessor on the terms and provisions cont
22 tained herein, ten (10) 1977, 4-door checker automobiles des-
23 cribed and identified by the following vehicle identification
24 numbers:
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(a) A-11-1384-71446c
(b) A-11-138S-71476c
(c) A-11-220S-74479c
(d) A-11-220S-74689c
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(e) A-ll-2205-74494c
(f) A-11-2205-74506c
(g) A-11-2205-74686c
(h) A-11-2205-74702c
(i) A-ll-2205-74703c
(j) A-11-2240-74776c
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2. Insurance. Lessee sh~ll file with the City Administra-
8 tor of Lessor a certificate of insurance for public liability
9 evidencing insurance for protection coverage for the conduct of
10 its programs and services. Limits of said insurance coverage
11 shall be $100,000 per person and $300,000 per accident covering
12 public liability for personal injury and shall be $50,000 cover-
13 ing property damage. The Lessor shall be named as an additional
14 insured on said policy(ies).
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3. License Plates and Registration. Lessor and Lessee
16 mutually agree to, at all times, maintain said vehicles and equip-
17 ment registered in accordance with the laws of the State of
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California. Lessee acknowledges Lessor as the legal
said vehicles, and it is agreed that Lessor shall be
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owner of 1
the registere
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20 owner of said vehicles.
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4. Delivery of Vehicles. Lessee acknowledges that Lessor
22 has previously delivered all vehicles leased hereunder to Lessee.
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5. Use of Vehicles. Lessee agrees that said vehicles
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will be used solely for the purpose of providing Dial-A-Ride
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service within the service area delineated by the written agree-
ment between Lessor and Lessee dated July 19, 1977, and in
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accordance with the terms of said agreement. Lessee agrees that
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it will not use or permit the use of the vehicles leased hereunder
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in any negligent or improper manner or in violation of any law or
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so as to void any insurance covering the same or for any purpose
other than as set forth herein.
6. PaYment of Rentals. Lessee agrees to pay to Lessor
5 monthly rentals for the use of each of said motor vehicles upon
6 the following basis:
7 (a) One dollar ($1.00) per operating hour for each of the
8 vehicles. The operating hours for any of the vehicles shall not
9 exceed twelve (12) hours per day and 561 hours per calendar week
10 during days established by Lessor pursuant to the agreement for
11 the operation of the Dial-A-Ride service.
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(b) Lessee shall report to Lessor in writing, on a monthly
13 basis, all hours during which said vehicles were operating, and
14 Lessee shall verify said monthly reports under penalty of perjury.
15 Said report shall be in a form satisfactory to Lessor and shall
16 ,be submitted within five (5) days after the end of each month.
17 Thereafter, Lessor shall bill Lessee for that month's rentals, and
18 Lessee shall pay the amount of said billing within ten (10) days
19 after receipt of same.
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7. Maintenance. Unless otherwise agreed in writing by
21 both parties, all service, materials, and repairs in connection
22 with the use and operation of the vehicles during the leased term
23 hereof, including but not limited to, gasoline, oil, batteries,
24 repairs, maintenance, tires, tubes, and towing necessary for the
25 proper use and operation of each vehicle, are at Lessee's expense. I
26 Lessee agrees that the oil in the crankcase shall at all times be
27 kept at the proper level and shall be completely changed and the
28 vehicle lubricated at intervals recommended in the manual provided
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by the manufactures 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 work-
ing order, condition, and repair, reasonable wear and tear
accepted.
9. Indemnity. Lessee agrees to save and hold Lessor, its
elective 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 vehicles
by any duly constituted governmental authority as the result of
the Lessee's use or intended use of the vehicles.
11. Termination. The lease term shall be for a period of
six (6) months commencing December 1, 1977, and ending May 31,
1978. 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 Lessee has given Lessor
fifteen (15) days' advance notice in writing of intent to termin-
ate prematurely and is not in default hereunder. Upon surrender
of the vehicles at the place and in the condition specified in
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1 Paragraph 12 hereof at any termination, the Lessor and Lessee
2 shall meet and agree as to any sums due Lessor for unreasonable
3 wear and tear that may have occurred to said vehicles. There-
4 after, Lessee shall pay to Lessor any such sums within ten (10)
5 days after being billed therefor by Lessor.
6 12. Surrender of Vehicles. On expiration of the lease
7 term, Lessee shall surrender said motor vehicles leased hereunder
8 in the same condition as when received, less reasonable wear and
9 tear, and free from collision or upset damage to the Lessor at
10 the City Yards, 181 South Pershing, San Bernardino, California,
11 or at any other location mutually agreed upon by the parties
12 hereto.
13 13. Warranties. There are no warranties, expressed or
14 implied, by the Lessor to the Lessee, except as contained herein,
15 and Lessor shall not be liable for any loss or damage to Lessee,
16 nor to anyone else, of any kind and howsoever caused, whether by
17 any vehicle, or the repair, maintenance, or equipment thereof, or
18 by any failure thereof, or interruption of service or use of any
19 vehicle leased hereunder.
20 14. Assignment. This lease shall not be assigned without
21 the written consent of Lessor.
22 15. Default. On the happening of any of the following,
23 Lessor, at its option, may, by written notice to Lessee, declare
24 this lease in default:
25 (a) Default by Lessee in payment or performance of any of
26 its obligations hereunder.
27 (b) A proceeding in bankruptcy or under any law for relief
28 of debtor 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 by
operation of law.
(e) Expiration or cancellation of any policy of insurance
agreed to be paid for by Lessee, or if any such insurance ceases
to remain in force according to its original terms during the
entire term of this lease, or any extension or renewal thereof.
On declaration by Lessor that the lease is in default, all
vehicles then subject hereto shall be surrendered and delivered to
Lessor, and Lessor may take possession of said leased property
wherever it may be found, with or without process of law, and for
that purpose may enter on the premises of Lessee. On default,
Lessee and Lessee's successor in interest, whether by operation
of law or otherwise, shall have no right, title, or interest in
the vehicles leased hereunder, or the possession or use thereof,
and Lessor shall retain all rents and other sums paid by Lessee
hereunder with respect to all such vehicles. Lessor shall then
proceed as provided in Paragraph 11 hereof. All sums due shall
be paid to or paid by Lessee to Lessor as provided in Paragraph
11. The rights and remedies of Lessor hereunder are not ex-
clusive, but cumulative and in addition to all other rights and
remedies provided by law.
16. Waiver. Failure of Lessor in anyone or more instances
to insist on the performance of any of the terms of this lease,
or to exercise any right or privilege conferred herein, or the
waiver of any breach of any terms of this lease shall not there-
after be construed as a waiver of such terms, but they shall con-
tinue in force as if no such waiver had occurred.
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17. Lease Only. This agreement is one of leasing only,
2 and Lessee shall not acquire hereby any right, title, or interest
3 to vehicles leased hereunder other than that of Lessee.
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18. Notices. All notices hereunder to be given shall be
5 sufficient if in writing and directed to the recipient thereof
6 at its last known address. Notices shall be deemed to have been
7 given if either (1) personally delivered to the recipient, or (2)
8 if addressed to the recipient and deposited in the united states
9 mail, postage prepaid and addressed to recipient's last known
10 address. The current addresses of the parties are as follows:
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Lessor
Lessee
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City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
Yellow Checker Leasing, Inc.
1510 West 5th Street
San Bernardino, CA 92408
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19. Succession. This agreement shall be binding on and
15 inure to the benefit of the heirs, executors, administrators,
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16 successors, and assigns of the parties hereto.
17 IN WITNESS WHEREOF, the parties hereto have executed this
18 Lease on the date first hereinabove written.
ATTEST:
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YELLOW CHECKER LEASING, INC.
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By
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form:
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