HomeMy WebLinkAboutC&S Car Company-6/20/2016Please return this copy to:
City Clerk & Finance Dept,
715 Mulberry St.
Waterloo, IA 50703
AUTOMOBILE LEASE AGREEMENT
This Agreement is made and entered into this l day of June, 2016, by
and between C & S Car Company Hyundai Mazda Subaru, with its principal place of
business at 812 Washington Street, Waterloo, Iowa (the Lessor) and the City of
Waterloo, Iowa, a municipal corporation duly organized under the laws of the State of
Iowa, (the Lessee), whose address for purposes of this Lease Agreement is 715
Mulberry Street, Waterloo, Iowa, 50703.
RECITALS
WHEREAS, C & S Car Company Hyundai Mazda Subaru is in the business of
selling motor vehicles; and
WHEREAS, C & S Car Company Hyundai Mazda Subaru is desirous of leasing
to the City's Police Department, a 2017 Hyundai Santa Fe, VIN#
5XYZUDLBOHG420833; and
WHEREAS, City is in need of a vehicle for the purposes of its Life Skills
Program.
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and
agreements contained herein, and for other good and valuable consideration, the
receipt of which is hereby acknowledged, the parties agree as follows:
TERMS
1. LEASE. The Lessor leases to the Lessee the motor vehicle described
above from June 13, 2016, to December 12, 2016, unless the Lessor shall extend this
Lease Agreement.
2. VEHICLE USE. (a) The Lessee shall not use or permit any leased
vehicle to be used for any illegal purpose or for the transportation of any material
deemed extra hazardous by reason of being explosive or flammable. The Lessee
shall reimburse the Lessor for all damages sustained by the Lessor as a result of such
use. The Lessee shall also reimburse the Lessor for any vehicle confiscated by any
governmental agency, or other expense incurred as a result thereof, whenever such
confiscation or expense is caused by the illegal use of such vehicle by the Lessee.
(b) Without the permission of the Lessor, the Lessee shall not leave the
State of Iowa with the leased vehicle.
(c) The Lessee shall not overload the leased vehicle beyond its specified
carrying capacity nor operate the vehicle on flat or insufficiently inflated tires.
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(d) The Lessor shalt not be responsible for loss or damage to any goods or
other property placed or carried in any leased vehicle arising from any cause
whatsoever.
(e) The Lessee shall not accrue more than 4000 miles on the vehicie in any
six (6) month period.
3. OPERATION. (a) The Ieased vehicle shall be operated by a safe,
competerit, and duly licensed driver selected, employed, and under the supervision af,
and paid by the Lessee. Upon the Lessor's complaint specifying any reckless,
careless, or abusive handlirig of any vehicte by a driver, the Lessee shalt investigate
the complaint, and if warranted, remove the driver and replace him or her with a
competent substitute.
(b) The Lessee and its drivers shall be sotely responsibte for individual fines
and penalties for parking or traffic violations. If the Lessor is required to pay any fine
or summons, it may bill the Lessee for them.
4. MAINTENANCE OF THE VEHICLE. The Lessee wilt bear alt expense of
maintaining the leased vehicle in good and operating condition. If the necessary
repairs exceed the amount of $100.00 in any one given month, the Lessee will first
consult the Lessor whose written instructions with regard to repair will be followed
5. LIABILJTY. The Lessee shall be liable for aH damages caused by
cottision, upset, or overturn of the leased vehicle and alt damaged caused by each
instance of a hazard covered under standard comprehensive fire and theft coverage.
6. INSURANCE. (a) The Lessee, at its own expense shall insure the
Ieased vehicte against all loss and carry liabitity insurance in limits of not less that
$1 1000000 for any one person injured or kilted, not Iess than $1 ,000,000 for more than
one person in any one accident and not Iess than $100,000 for damage to property of
others in any one accident.
(b) The Lessee shall compty with all the terms and conditions of the
insurance policies covering the leased vehicle and give the Lessor and the appropriate
insurance carrier, within 24 hours of any accident invotving a leased vehicle, a written
report of such accident. The Lessee shall cooperate with the insurance carrier and the
Lessor in the prosecution and defense of any and alt claims arising out of the use of
the leased vehicte.
(c) The parties agree that the comprehensive coverage of the policy as to
collision and other damages may be provided by the Lessee through its own self-
insured program.
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7. THE LESSEE'S DUTIES. At its own expense, the Lessee shall:
(a) Notify the Lessor immediately as to any clamage caused to the leased
vehicte;
(b) Periodically wash the leased vehicle, and keep it clean, both inside and
out;
(c) Supply the necessary gasoline, oiI, with Hyundai oiI filter and lubricants
for its operation;
(d) Check the leased vehicle for antifreeze and oil and add, if necessary; the
Lessee wilt be solely responsible for damages caused by lack of 011,
tubricants, or antifreeze;
(e) Check the tires of the vehicle for proper inflation; the Lessee wilt be
solely responsible for tire damage due to improper inftation;
(f) Carry sufficient Workers' Compensation or other work-related
injury/disability insurance coverage for the Lessee's drivers and other
employees operating the leased vehicte.
8. LICENSE AND REGISTRATION. The teased vehicle shalt bear a
Iicense plate, and title to it shall be registered in the name of the Lessor. AtI expenses
incurred in ticensing and registering the leased vehicle shall be borne by the Lessee.
Lessor shall ticense the vehicle in its name, and Lessee shall furnish a copy af the title,
lease agreement, application for registratlon, and state plates to the Iowa Department
of Transportation.
9. OWNERSHIP. This is a tease contract only and the Lessee acquires no
ownership, title, property rights, or interest in or to the leased vehicle, except that
which is consistent with the provisions of this Lease Agreement.
10. RETURN. Upon the termination of this lease, the teased vehicle, at the
expense of the Lessee shall be returned to the Lessor's place of business in good
condition, reasonable wear and tear excepted. Lessee wilt be responsible for removal
of any logos added to the vehicte.
11. INSPECTION. The Lessee shati permit the Lessor and/or its agents at
alt times to inspect and examine the Ieased vehicles and permit the Lessor at any time
to replace any such vehicte with one of like make and body.
12. EXTENSION OF THE LEASE TERM. On December 12, 2016, the
Lessor may opt to extend the tease by an express written amendment to this Lease
Agreement. lf the Lessor does not exercise the option, the lease will terminate and the
City shall return to the Lessor the vehicte excluding ordinary wear and tear for the
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purpose which it is used. The Lessor agrees that the City may affix the SRO (School
Resource Officer) logo by paint or otherwise and any other body and paint
modifications approved by the Lessor at the fime of the initiation of this lease
agreement.
13. Without the prior permission of the Lessor, the Lessee shall not be
permitted to assign or subiet the vehicle.
14. WAIVER. The failure of either party in any one or more instance to insist
upon the performance of any of the terms, covenants, or conditions of this lease, or to
exercise any right or privilege in this iease conferred, or the waiver of any breach of
any of the terms, covenants, or conditions of this lease, shail not be construed as
thereafter waiving any such terms, covenants, conditions, rights, or priviieges, all of
which shail continue and remain in fuU force and effect, as if no such forbearance or
waiver had occurred.
15. INDENINITY. The Lessor does not assume any Ilability for any acts or
omissions of the Lessee or the Lessee's drivers, agents, or empioyees. The Lessee
hereby releases the Lessor and agrees to iridemnify the Lessor and hoid it harmless
from any and ail claims against the Lessor of any kind or nature whatsoever, arising
out of or resulting from the use and/or operation of the Ieased vehicle by the Lessee,
including any expenses and attorney's fees which the Lessor may incur in defending
any such claims, except such claims or portions thereof as are covered by applicable
insurance as otherwise herein provided.
16.. BINDING EFFECT. This lease shall be binding upon and inure to the
benefit of the parties hereto, their successors, legal representatives, and assigns. The
Lessee may not assign, piedge, or otherwise encumber this lease or any interest
therein or subiet the Ieased vehicie without the Lessor's written consent, nor shali the
Lessee encumber or otherwise cause any Uen to be placed against the Ieased
vehictes, or abandon or conceal the ieased vehicies.
17. ENTIRE AGREEMENT. This iease represents the entire agreement
between the parties. All prior negotiations have been merged into this lease and there
are no understandings, representations, or agreements, oral or written, express or
implied, other than those set forth herein. This lease shall not be modified or amended
except by an agreement in writing signed by the parties.
18. NOTICES. Ali notices required to be given under the terms of this lease
shali be in writing and shali be sent by United States registered mail or certified mali
addressed to the party to be notified at its address as above stated. For the Lessee,
Chief of Police or Captain Mohlis, Waterioo PoIice Department, 715 Mulberry Street,
Waterloo, Iowa, 50703, telephone number (319) 291-4340. For the Lessor, George
Gooley or his designee, C & S Car Company Hyundai Mazda Subaru, 812 Washington
Street, Waterloo, Iowa, 50702, telephone number (319) 291-7321.
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19. GOVERNING LAW. This lease shall in all respects be governed by and
construed in accordance with the laws of the State of Iowa.
20. HEADINGS. Headings in this lease are for convenience only and shall
not be used to interpret or construe its provisions.
21. COUNTERPARTS. This lease may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused these presents to be
executed the day and year first written above.
DATED this 7O�
day of June, 2016.
CITY OF WATERLOO, IOWA
The Lessee
By: i ""u4aAA5�)
Quentin M. Hart, Mayor
A S:
uzy S hares, City Clerk
STATE OF IOWA )
) ss:
BLACK HAWK COUNTY )
On this r.�� \ day of June, 2016, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Quentin M. Hart and Suzy Schares,
to me personally known, and who, being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; and that the seal
affixed to the foregoing instrument is the corporate sale of the corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City
Council as contained in the Resolution adopted by the City Council, under Council
Action the City Council on the 7c'`I"" day of June,
2016, and that Quentin M. Hart and Suzy Schares acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the
corporation, by it voluntarily executed.
o "^'"` •;
NANCY HIGBY
^
COMMISSION NO.788229
` "
•W"
MY COMMISSION EXPIRES
'D - - L
Notary Public in and or the 8fate of Iowa
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C & S CAR COMPANY HYUNDAI MAZDA
SUBARU
The
B
STATE OF IOWA )
) ss:
BLACK HAWK COUNTY )
On this day of June, 2016, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared CYN
and , to me personally known, and who, being by me
duly sworn, did say that they are the 2f and
respectively, of said corporation executin the within
and foregoing instrument, that (no seal has been procured by the said) (the seal
affixed thereto is the seal of said) corporation; that said instrument was signed (and
sealed) on behalf of said corporation by authority of its Board of Directors; and that the
said CMt ra\ lAahaoer and as such officers
acknowledged the exec tela 'o said instrument to be the voluntary act and deed of
said corporation, by it and by them voluntarily executed.
v `
K,�ISTAL Nota ublic in and for the State of Iowa