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RESOLUTION NO. /.,3 1,('7'/
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH YELLOW CHECKER LEASING, INC.,
RELATING TO THE TERMINATION OF TWO AUTOMOBILE LEASES FOR THE
DIAL-A-RIDE PROGRAM.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
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SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said City
an Agreement with Yellow Checker Leasing, Inc., relating to the
termination of two automobile leases for the Dial-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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at length.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
BernardCno at "" "'~ _atiog tharaof, held
on the o<JP day o! , 1978, by the following
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vote, to wit: V
CO=I:_~ztz~ p(~
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~~d4V'.W,J~
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AYES:
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NAYS:
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ABSENT:
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is hereby app this c1.f11i
day
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r\ The foregoing
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1978.
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resolution
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of
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JAN 26 1978
. UCILLli GOFORTH, City Clerk
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A~R~~~EN!
(Dial~A~~ide, Termination of Automobile Leases)
:tTHIS AGREEMENT is made and entered into this ~~rf day
of 4---- , 1978, by and between the CITY OF SAN
BE INO, a municipal corporation, hereinafter called "Lessor",
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and YELLOW CHECKER LEASING, INC., a California corporation,
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hereinafter called "Lessee".
WIT N E SSE T H:
9 WHEREAS, Lessor and Lessee entered into a lease on
10 February 17, 1976 wherein and whereby Lessor leased to Lessee
11 six (6) motor vehicles for use in the Dial-A-Ride program: and
WHEREAS, on March 5, 1976, Lessor and Lessee entered into
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a further lease agreement wherein and whereby Lessor leased an
additional motor vehicle to Lessee for use in the Dial-A-Ride
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program: and
WHEREAS, the February 17, 1976 lease had its term extended
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to and including June 15, 1977 by a First Amendment to Lease
dated April 11, 1977: and
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WHEREAS, the lease dated March 5, 1976 for an additional
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motor vehicle was extended to June 15, 1977 by a First Amendment
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to that lease dated April 11, 1977: and
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WHEREAS, the lease dated February 17, 1976 was further
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extended to June 30, 1978 by a Second Amendment to that lease
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dated August 17, 1977, and the March 5, 1976 lease was further ex-
tended to June 30, 1978 by a Second Amendment to that lease
dated August 17, 1977: and
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WHEREAS, the parties hereto do now desire to terminate
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the aforedescribed leases effective December 1, 1977, as the
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vehicles leased thereunder have been replaced with new vehicles fo
which Lessor and Lessee have entered into a new lease effective
December 1, 1977,
NOW, THEREFORE, in consideration of the mutual provisions,
covenants, agreements and legal detriments herein contained, it
is agreed as follows:
1. That certain lease agreement dated February 17, 1976,
as amended by First Amendment to Lease dated April 11, 1977, and
amended by Second Amendment to Lease dated August 17, 1977, is
hereby terminated effective December 1, 1977.
2. That certain lease agreement dated March 5, 1976, as
amended by First Amendment to Lease dated April 11, 1977, and
amended by Second Amendment to Lease dated August 17, 1977, is
hereby terminated effective December 1, 1977.
3. The vehicles leased pursuant to the aforesaid lease
agreements are as follows:
(a) One (1) 1970 Plymouth Valiant, VL41COP311361
(b) One (1) 1969 Plymouth Valiant, VL41COP273840
(c) One (1) 1969 Plymouth Valiant, VL41A9B354663
(d) One (1) 1965 Oldsmobile Station Wagon, 338555Z106953
(e) One (1) 1967 Ford, 7J4H152478
(f) One (1) 1969 Checker, A1l327790482
(g) One (1) 1970 Checker, All728204531
4. All of the aforesaid vehicles listed hereinabove,
except for the 1970 Checker automobile with vehicle identification
No. Al1728204531, have been returned by Lessee to Lessor at the
premises of American Truck and Trailer Body Shop, 598 North
Waterman Avenue, San Bernardino, California. Receipt of said
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1 vehicles is hereby acknowledged by Lessor.
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5. The vehicles returned as aforesaid are accepted
3 by Lessor, and Lessor hereby releases Lessee from any and all
4 claims for damages to the said vehicles, it being understood
5 that said vehicles are accepted by Lessor as being in satisfactory
6 condition as required by the lease agreements.
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6. Lessee hereby releases Lessor from any further
8 obligation under said lease agreements as amended. Lessee hereby
9 acknowledges Lessor's full performance under said lease agreements.
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7. It is understood and agreed by the parties hereto
11 that the 1970 Checker automobile set forth hereinabove is the
12 subject of a new lease agreement, and Lessee retains possession
13 of said vehicle for use in the Dial-A-Ride program under the new
14 lease agreement wherein and whereby Lessor leases to Lessee
15 certain new checker automobiles for use in the Dial-A-Ride pro-
16 gram.
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8. Lessee agrees to save Lessor, its elective and
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appointive boards, commissions, officers, agents and employees
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harmless from all claims, losses, causes of action and expenses,
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including legal expenses, arising from the use, maintenance and
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operation of the aforesaid vehicles prior to the time said
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vehicles were delivered to and accepted by the Lessor.
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IN WITNESS WHEREOF, the parties hereto have executed this
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Agreement on the date first hereinabove written.
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ATTEST:
CITY OF
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to form:
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ney
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::LLON CHECKEi~
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