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RESOLUTION NO. /.:? .3 5"..:0
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LEASE WITH YELLOW CHECKER LEASING, INC.,
RELATING TO A CITY-OWNED AUTOMOBILE.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
a lease with Yellow Checker Leasing, Inc., relating to a City-
I owned automobile, a copy of which is attached hereto, marked
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Exhibit "A" and incorporated herein by reference as fully as
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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
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Bernardino at a ~~
on the /~ day of r/7t/u~J
Councilmen ~ ~~/;;~ ~
~"'0,24/L~~
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C~ty Cl: r
resolution is hereby approved th 4J day
meeting thereof, held
, 1976, by the following
vote, to wit:
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AYES:
NAYS:
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ABSE'NT:
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The foregoing
~LU~-A-;/ . , 1976.
of
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Approved as to form:
~,M.,.~
~ty orney
LED
MAR 9 1916
?~~::c::!
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LEA S E
(city owned vehicle for dial-a-ride)
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~ THIS
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is made and entered into this ~ day of
1976, by and between the CITY OF SAN BERNARDINO,
corporation, hereinafter referred to as "Lessor", and
6 YELLOW CHECKER LEASING, INC., a California corporation, herein-
7 after referred to as "Lessee".
8 WIT N E SSE T H:
9 WHEREAS, Lessor and Lessee have previously entered into an
10 agreement dated February 17, 1976 wherein and whereby Lessee
11 agrees to provide a Dial-A-Ride test project in the City of San
12 Bernardino in accordance with the provisions of said agreement;
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14 WHEREAS, Lessor and Lessee have previously entered into a
15 lease dated February 17, 1976 wherein and whereby Lessor leases
16 six (6) motor vehicles to Lessee for use in the Dial-A-Ride pro-
17 gram; and
18 WHEREAS, Lessor now desires to lease one (1) additional
19 motor vehicle to Lessee and Lessee desires to lease said motor
20 vehicle from Lessor for use in the Dial-A-Ride program in the City
21 of San Bernardino; and
22 WHEREAS, after this additional vehicle is leased by Lessor
23 to Lessee there will be a total of seven (7) vehicles leased by
24 Lessee from Lessor for use in the said program,
25 NOW, THEREFORE, in consideration of the mutual covenants,
26 conditions, provisions and promises contained herein it is agreed
27 as follows:
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1. Vehicle Leased. Lessor hereby leases to Lessee, on
1 terms herein contained, one (1) vehicle described as follows:
2 One (1) 1970 Checker Automobile, Identification Number
3 Al172820453l.
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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 shalt
be $100,000 per person and $300,000 per accident covering public
liability for personal injury and shall be $50,000 covering pro-
10 perty damage. The Lessor shall be named as an additional insured
lion said policy.
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3. License Plate and Registration. Lessor and Lessee
13 mutually agree to, at all times, maintain said vehicle and items
14 of equipment registered in accordance with the laws of the state
15 of California.
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4. Delivery of Vehicles. Lessor shall deliver the vehicle
leased hereunder to the Lessee on
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18 but shall not be liable to Lessee for any failure or delay in
19 making delivery thereof, if Lessor shall have exercised reasonable
20 diligence so to do.
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22 be used solely for the purpose of providing Dial-A-Ride service
5. Use of Vehicle. Lessee agrees that said vehicle will
23 within the service area delineated by the written agreement be-
24 tween Lessor and Lessee, effective February 17, 1976, and in
25 accordance with the terms of said agreement. Lessee agrees that
26 it will not use or permit the use of the vehicle leased hereunder
27 in a negligent or improper manner or in violation of any law or
28 so as to void any insurance covering the same or for any purpose
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1 other than as set forth herein.
2 6. Payment of Rentals. Lessee agrees that it will pay to
3 Lessor monthly rentals for the use of said motor vehicle upon the
4 following basis:
5 (a) One dollar ($1.00) per operating hour for said
6 vehicle. The operating hours shall not exceed twelve (12) hours
7 per day Sunday through Friday of each week during the term of
8 this lease.
9 (b) Lessee shall report, on a monthly basis in writing to
10 Lessor, of all hours during which said vehicle was operating and
11 Lessee shall verify said monthly reports under penalty of perjury.
12 Said report shall be in a form satisfactory to Lessor and shall be
13 submitted within five (5) days after the end of the month. There-
14 after, Lessor shall bill Lessee for that month's rentals within
15 ten (10) days of the end of said month.
16 (c) Lessee shall pay the amount of said billings within
17 ten (10) days of receipt of same.
18 7. Maintenance. Unless otherwise agreed in writing by the
19 parties, all service, materials, and repairs in connection with
20 the use and operation of the vehicle during the leased term here-
21 of, including but not limited to, gasoline, oil, batteries, re-
22 pairs, maintenance, tires, tubes, and towing necessary for the
23 proper use and operation of said vehicle, are at Lessee's expense.
24 Lessee agrees that the oil in the crankcase shall at all times be
25 kept at proper level and shall be completely changed and the
26 vehicle lubricated at intervals recommended in the manual provided
27 by the manufacturer of the vehicle. Lessor shall not be liable
28 for repairs, nor shall any such repairs be charged to it.
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1 B. Risk of Loss. Lessee shall bear all risks of damage or
2 loss of said vehicle, or any portions thereof not covered by in-
3 surance. All replacements, repairs, or substitution of parts or
4 equipment of vehicle shall be at the cost and expense of the
5 Lessee and shall be accessions to said vehicle. The Lessee shall
6 at all times and at its expense, keep the vehicle in good working
7 'order, condition, and repair, reasonable wear and tear excepted.
8 9. Indemnity. Lessee agrees to save Lessor, its elective
9 and appointive boards, commissions, officers, agents and employees
10 harmless from all claims, losses, causes of action, and expenses,
11 including legal expenses, arising from the use, maintenance, and
12 operation of said vehicle leased hereunder.
13 10. Additional Charges. The Lessee agrees to pay all
14 storage charges, parking charges, and fines. Lessee will pay any
15 fees or taxes which may be imposed with respect to said vehicle by
16 any duly constituted governmental authority as the result of the
17 Lessee's use or intended use of the vehicle.
18 11. Term. The lease term shall be for a period of
19 days commencing , 1976 and ending June 30,
20 1976. This lease terminates at the expiration of the lease term,
21 or at any other time after the first thirty (30) days thereof,
22 provided either party gives the other party fifteen (15) days
23 advance written notice of intent to terminate or in the event
24 Lessor terminates the Dial-A-Ride program pursuant to the provi-
25 sions of that agreement between the parties hereto dated February
26 17, 1976. Upon surrender of the vehicle at the place and in the
27 condition specified in paragraph 12 hereof at any termination, the
28 essor and Lessee shall meet and agree as to any sums due Lessor
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1 for unreasonable wear and tear that may haveoc~ed to said
2 vehicle. Thereafter, Lessee shall pay to Lessor any such sums
3 within ten (10) days after being billed therefor by Lessor.
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12. Surrender of Vehicle. On expiration of the lease term,
5 Lessee shall surrender said motor vehicle leased hereunder in the
6 same condition as when received less reasonable wear and tear,
7 and free from collision or upset damage, to the Lessor at the
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City Yards, 181 South Pershing, San Bernardino, California, or at
, location mutually agreed upon by the parties hereto.
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I 13. Warranties. There are no warranties, expressed or
11 implied, by the Lessor to the Lessee, except as contained herein,
12 and Lessor shall not be liable for any loss or damage to Lessee,
13 nor to anyone else, of any kind howsoever caused, whether by said
14 vehicle, or in the repair, maintenance, or equipment thereof, or
15 by any failure thereof, or interruption of service or use of said
16 vehicle leased hereunder.
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14. Assignment. This lease shall not be assigned by
18 Lessee without the prior written consent of Lessor.
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15. Default. Time is of the essence of this lease. On the
20 happening of any of the following, Lessor at its option, may, by
21 written notice to Lessee, declare this lease in default:
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(a) Default by Lessee in payment or performance of any of
23 its obligations hereunder.
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(h) A proceeding in bankruptcy or under any law for re-
25 lief of debtors involving Lessee or any of the leased property.
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(c) Voluntary assignment of Lessee's interest herein.
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(d) Involuntary transfer of Lessee's interest herein by
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1 (e) Expiration or cancellation of any policy of insurance
2 agreed to be paid for by Lessee, or if such insurance ceases to
3 remain in force according to its original terms during the entire
4 term of this lease, or any extension or renewal thereof.
5 On declaration by Lessor that the lease is in default, said
6 vehicle subject hereto shall be surrendered and delivered to
7 Lessor, and Lessor may take possession of said leased property
8 wherever it may be found, with or without process of law, and for
9 that purpose may enter on the premises of Lessee. On default,
10 Lessee and Lessee's successor in interest, whether by operation of
11 law or otherwise, shall have no right, title, or interest in the
12 vehicle leased hereunder, or the possession or use thereof, and
13 Lessor shall retain all rents and other sums paid by Lessee here-
14 under with respect to said vehicle. Lessor shall then proceed as
15 provided in Paragraph 11 hereof. All sums due shall be paid to or
16 paid by Lessee to Lessor as provided in Paragraph 11. The rights
17 and remedies of Lessor hereunder are not exclusive, but cumulative
18 and in addition to all other rights and remedies provided by law.
19 16. Waiver. Failure of Lessor in anyone or more instances
20 to insist on the performance of any of the terms of this lease, or
21 to exercise any right or privilege conferred herein, or the waiver
22 of any breach of any terms of this lease shall not thereafter be
23 construed as a waiver of such terms, but they shall continue in
24 force as if no such waiver had occurred.
25 17. Lease Only. This agreement is one of leasing only and
26 Lessee shall not acquire hereby any right, title, or interest to
27 said vehicle leased hereunder other than that of a lessee.
28 18. Notices. All notices herein required shall be in
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writing, and delivered in person or sent by certified mail,
postage prepaid, as follows:
Lessor
City of San Bernardino
300 North "D" Street
San Bernardino, California 92418
Lessee
Yellow Checker Leasing, Inc.
1510 West Fifth Street
San Bernardino, California
19. Succession. This agreement shall be binding on and
inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have hereto executed this
lease on the date first hereinabove written.
ATTEST:
C~
YELLOW CHECKER LEASING, INC.
B~ tpr~
T~tle
Approved as to form:
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City At .rney
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