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HomeMy WebLinkAboutRESOLUTIONS-1992-038-R-92• 4 f j J 38 -R-92 A RESOLUTION Authorizing the City 'Manager to Enter into an Agreement to Lease a Van to CEDA for Use by Evanston Neighbors at Work WHEREAS, the Community and Economic Development Association of Cook County, Inc. (CEDA) as agent for Evanston Neighbors at Work (ENAW) is desirous of leasing a vehicle from the City of Evanston exclusively for the use and benefit of ENAW; and WHEREAS, the City of Evanston has a vehicle it is desirous of leasing to CEDA for the Period of July 1, 1992 through June 30, 1993 (12 months), namely, a j 1980 Chevrolet window van, vehicle identification number CGD16A414065617; and WHEREAS, the rental fee for the 1980 Chevrolet window van shall be Ninety Dollars ($90.00) per month; and WHEREAS, the leasing arrangement will be of mutual benefit to the City of Evanston and a community service organization, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS T ON, COOK COUNTY, ILLINOIS that the City Manager is hereby authorized and directed to enter into a contract as described herein for the leasing of said vehicle, and negotiate additional terms as necessary and desirable. ATTEST: City Clerk ADOPTED: ' p{-7 , 1992 i� i� 29Y22 is i, 1` Mayorv�� T¢ +� RENTAL AGREEMENT The City of Evanston, a municipal corporation, hereinafter "Lessor"; hereby rents to Community and Economic Development Association of Cook County, Inc. (CEDA), hereinafter "Lessee," as agent for Evanston Neighbors at Work (ENAW), and Lessee hereby accepts by signing this instrument, the following vehicle: (1) 1980 Chevrolet window van, vehicle identification number CGD16A414065617 subject to the following terms: I. Lessee warrants that it is the agent of ENAW and that it has the authority to enter into this Agreement on behalf of ENAW. 2. Lessee agrees that said vehicle shall be used exclusively for the use and benefit of ENAW. 3. This instrument expresses the entire agreement between the parties. No right of the City of Evanston, Lessor, under this agreement may be waived except by a written instrument signed by a duly authorized official of Lessor. Exercise of any right by Lessor shall not be construed as an exercise, exhaustion, or waiver of any other rights of Lessor. 4. It is expressly understood and agreed that this is a contract of leasing only and that the Lessee by these presents acquires no right, title, or interest in or to the property above described. Neither this Agreement nor any interest herein may be assigned by Lessee. The Lessee shall not sublease, loan, or permit anyone except its authorized agents to use said motor vehicle. Lessee agrees to use the motor vehicle only fdr lawful uses and not in violation of any Federal, State, or Municipal law, ordinances rule, or regulation governing the use or return thereof, and not to operate it outside the State of Illinois or the continental limits of the United States. 5. Lessee acknowledges that the motor vehicle is the property of Lessor and that it was received in good mechanical and physical condition. 6. Lessee shall allow any labels, plates, or other identifying markings indicating that the motor vehicle belong to Lessor. Lessee agrees. not to mortgage, pledge, or sell the motor vehicle. Lessee may place its own labels, plates, or other identifying markings on said motor vehicle only with the prior written consent of Lessor. Any such consent of lessor may be conditioned upon the removal at the end or termination of the leasing period of said labels, plates, or other identifying marks, and return of the said vehicle's surface to the condition it was in prior to placement of said articles, to the satisfaction of Lessor at Lessee's expense. 0 t • 8. 9. Lessor makes no warranties, express or implied, in connection with the lease of the described motor vehicle, its physical condition, or operation. Either party may terminate this agreement by giving sixty (60) days written notice by certified mail. Notice to Lessor shall be directed to the Director of Public Works, City of Evanston, 2100 Ridge Avenue, Civic Center, Evanston, Illinois 60201-2796. Notice to Lessee shall be directed to the Director of Administration, Community and Economic Development Association (CEDA) of Cook County, Inc., 224 North Des Plaines Street, Chicago, Illinois 60606. Lessee will, at the termination of this lease by lapse of time or otherwise, yield up immediate possession of said leased motor vehicle. The provisions of this clause shall not be held as a waiver by Lessor of any right or rights contained in this lease to repossess the motor vehicle leased hereunder. In no event shall there be a holding over on a month -to -month basis. Any extension of this lease shall only be made in writing by the parties hereto. Lessor has the right to enter upon Lessee's premises where the motor vehicle may be located to observe its operation and use, and for any other purpose consistent with Lessor's rights under the terms of this Agreement, including, but not limited to, repossession of said motor vehicle. 10. If the Lessee shall abandon the motor vehicle, the Lessee's right to possession shall be terminated. Lessor shall not be required to accept or receive any sublessee offered 12. by the Lessee or by others. Should Lessee fail to pay any part of the rent herein reserved, or any other sum required of it to be paid within thirty (30) days after the due date thereof, Lessee shall pay unto Lessor a late charge equal of five percent (5%) of any amount then due, and such charge shall be come additional rent due and payable. The provisions of this paragraph shall not abrogate any other rights of Lessor. Lessee will be liable for injuries or damage of the leased motor equipment. Lessee agrees to indemnify and save Lessor harmless from any and -all liability, claims, or demands for injuries or damages to and person or property arising out of the use, maintenance, and/or existence of said motor vehicle. Lessee shall defend and save harmless Lessor from and against all suits, claims, demands, damages and cost arising out of and in conjunction with the lease agreement. -2- Lessee shall promptly procure evidence of automobile insurance protecting the Lessor • and insuring the above Hold Harmless Agreement, and shall deliver same on or before July 1, 1992 to Lessor's Director of Safety/Risk Management, 2100 Ridge Avenue, Civic Center, Evanston, Illinois 60201-2796. Such insurance shall be in companies approved by the Lessor and for not less than the following limits: COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE, OWNED, NONOWNED OR RENTED Bodily Injury $500,000 Each Person $1,000,000 Each Occurrence Property Damage $100,000 Each Occurrence with appropriate amounts of collision and comprehensive to protect the value of the leased property. 13. Lessee shall not undertake any repairs of the motor vehicle in excess of Two Hundred Fifty Dollars ($250) without prior written approval by Lessor. For repairs anticipated to exceed $250, lessee shall submit to Lessor a written estimate stating the cost and nature of required repairs. Lessor shall retain the option of approving said repairs, arranging itself for repair of the vehicle or refusing to repair the vehicle if Lessor determines that the cost of repairs will exceed the fair market value of the vehicle as established by Lessor according to its usual and customary valuation procedures. The • parties agree that in the event Lessor chooses not to repair said vehicle under the above terms this Rental Agreement shall terminate and Lessor and Lessee shall mutually arrange for the return of said vehicle to Lessor. 14. Lessee will keep and maintain the motor vehicle in good repair and working order at its own expense. Lessee retains the option of procuring its own maintenance and repairs, or of having same done by Lessor. In either event, Lessee will adhere to the following schedule: (A) At 3000-mile intervals, said vehicle will be inspected visually, be greased, and have its oil and oil filter changed; (B) At 12,000-mile or one-year intervals, said vehicle will be visually inspected, be tuned up, and have its brakes checked. Maintenance done by Lessor shall be billed at Lessor's cost. For maintenance and repairs performed by other than Lessor, Lessee shall promptly submit copies of paid invoices to Lessor's Director of Fleet Services as evidence that the maintenance and repair schedules required by this paragraph have been adhered to. -3- �v=:fi ..•15. Lessor's charges for repairs and maintenance shall be the actual cost of parts and u: labor. Billing shall be on a monthly basis, with a 5% (five percent) discount granted y for payment received within 21 (twenty-one) days from the invoice date. 16. Lessee shall be responsible for all gasoline costs. Lessee can purchase same from Lessor, subject to the same billing schedule and discount as set forth in paragraph 15, above. 17. Upon expiration of the leasing period herein specified, or upon cancellation or termination of this Agreement, Lessee agrees to return the motor vehicle herein rented, together with all accessories to the address ,of Lessor above set forth or at such other places as Lessor may designate, in as good condition and running order as when received by Lessee, ordinary wear and tear excepted. Any missing or damaged parts and accessories, dents, tears and other damage above ordinary wear and tear necessary to be repaired to put the motor vehicle in condition for resale shall be paid by the Lessee. Any and all expenses, costs, fees, and expenditures incurred by Lessor '. in acquiring possession of the motor vehicle leased herein after termination shall be paid by Lessee upon demand. At the time the motor vehicle and/or equipment are returned to Lessor inspection will be made jointly by Lessor and Lessee to determine the motor vehicle damage, ordinary wear and tear excepted. Ordinary wear and tear, as referred to herein, shall • not be deemed to include any damages which may have been caused by or have resulted from collision or impact or excessive abuse, and shall not be deemed to include such items as dents, scratches, and/or tears to interior of the said leased motor vehicle. In the event the Lessee is not available for the above joint inspection, then Lessor shall inspect the motor vehicle and bill the Lessee for damages, if any. Unless Lessee contests such bill within 21 (twenty-one) days, then Lessee shall be deemed to have consented to the amount of damages set forth in such bill. Lessee shall be liable for all damages in the event that the motor vehicle returned to Lessor shall have suffered any collision or impact and said damage is unreported and unrepaired, or not fully repaired at the time the motor vehicle is returned to Lessor. -4- C7 18. In the event any motor vehicle leased herein should become non -operational due to • negligence of Lessee or its agents, rental shall be abated until such time as such motor vehicle is again operational, at which time liability for rent will resume at the same rate as stated in this Agreement provided that this agreement remains in force at the time such motor vehicle is again operational. 19. This Agreement is binding upon the legal representatives and successors in interest of the Lessee. Rights granted under this Agreement are cumulative, and the exercise of any right or rights by Lessor shall not be construed to be an exercise or exhaustion or waiver of any other rights of Lessor. 20. This lease and the rights of the parties hereunder shall be construed and governed by the Laws of the State of Illinois. 21. Lessee shall pay for and obtain proper vehicle registration plates from the Secretary of State and City vehicle stickers from the City of Evanston Collector's Office, and shall maintain said registrations and stickers as required by law or ordinance throughout the term of this agreement. 22. Lessee agrees that only drivers licensed as required by Illinois law and of the age of 18 (eighteen) years shall operate the vehicle. Lessee must provide evidence that each driver has a valid license. This evidence should be submitted on July 1, 1992 and updated when new drivers are added. 23. Vehicle shall only be used for Community Development Block Grant (CDBG) eligible activities. Lessee shall maintain a log of vehicle usage noting date used, driver, and purpose of trip. 24. Lessee agrees to be responsible for all traffic and parking fines incurred by its agents in operating said vehicle. 25. The parties agree that the said motor vehicle shall be used chiefly within the City limits of the City of Evanston, with only incidental use, if any, outside said City limits. Any towing charges necessitated by vehicle breakdown shall be the sole responsibility of the Lessee. 26. Lessor shall not be responsible for loss or damage to Lessee's personal property used in conjunction with Lessor's motor vehicle. 27. The term of this lease shall be from July 1, 1992 through June 30, 1993 (12 months). 28. The rental fee for the 1980 Chevrolet window van shall be $90 (Ninety Dollars) per month. -5- • of %7 :7 29. Rental fees are due on the first day of each month and payment shall be by check or r� money order payable to the Evanston City Collector and directed to Lessor as follows: Director of Public Works City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201-2796 30. Lessee's authority to enter into this lease Agreement has been approved by appropriate resolution of its governing body. Dated this day of , 1992, at Evanston, Illinois. l 13Y32-37 • CITY OF EVANSTON, Lessor COMMUNITY AND ECONOMIC DEVELOPMENT ASSOCIATION OF COOK COUNTY, as agent for EVANSTON NEIGHBORS AT WORK (ENAW)