HomeMy WebLinkAboutRES 83-078 -'e
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R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to lease
Reserve Engine #6, a 1960 Seagraves 750 gpm pumper, to Jefferson
County Water Control & Improvement District No. 10 (Central
Gardens, Jefferson County, Texas) substantially in the form
attached as Exhibit "A" .
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the �,Q,� day of 19 P3 .
Mayor -
VEHICLE LEASE
Vehicle lease made the day of 1983 between
Jefferson County Water Control and Improvement District Number 10,
Central Gardens, County of Jefferson, State of Texas, herein referred to
as "Lessee," and the City of Beaumont, County of Jefferson, State of
Texas, having a principal office at Beaumont, Texas, herein referred to
as "Lessor." Authority for this lease is found in Texas Revised Civil
Statutes Annotated Article 4413 (32c) (Vernon 1979) .
Lessor hereby leases to Lessee and Lessee hires from Lessor a
750 gallon per minute pumper fire truck, more particularly described in
Exhibit "A" attached hereto, herein referred to as "the vehicle," on the
following terms and conditions:
SECTION ONE
VALUATION!
The agreed value of the vehicle at the time of delivery
thereof is Eight Thousand Dollars ($8,000.00) .
SECTION TWO
DELIVERY OF VEHICLE
Delivery of the vehicle shall be provided at Lessee's
expense.
SECTION THREE
USE OF VEHICLE
Lessee agrees that it will use the vehicle only for its intended
purpose at Jefferson County Later Control and Improvement District Number 10,
Central Gardens, Texas. Lessee will not use or permit the use of the vehicle
leased hereunder in a negligent or improper manner or in violation of any law,
or so as to avoid any insurance covering the same, or as a public or private
livery, or permit the vehicle to become subject to any lien, charae, or
encumbrance.
SECTION FOUR
LICENSING AND REGISTRATION
The vehicle subject to this lease shall bear license plates,
and the title thereto shall be registered in the name of Lessor. Lessor
shall , where required, register the vehicle in conformance with the laws
of the State of Texas.
/�(��"o EXHIBIT "A"
SECTION-FIVE
MAINTENANCE AND REPAIRS
Unless otherwise agreed in writing by the parties, all
service, materials and repairs arising out of and in connection with
the use and operation of the vehicle by Lessee during the lease term
hereof, including but not limited to gasoline, oil , batteries, repairs,
maintenance, tires, tubes and towing necessary for its proper use and
operation, shall be at Lessee's expense. Lessor shall not be liable
for repairs arising out of and in connection with the use and operation
of the vehicle by Lessee hereunder, nor shall any such repairs be
charged to it.
SECTION SIX,
OBLIGATION TO INSURE
Lessee shall , at its sole cost, provide and maintain during
the term hereof, a policy or policies of insurance insuring Lessor
and Lessee and their respective agents and employees against operation
of the vehicle by Lessee during the term of this lease. Said insurance
shall afford combined total liability limits of $2,000,000.00 for bodily
injury or death, and property damage or destruction. Lessee shall , at
Lessor' s request, provide a certificate of insurance evidencing the
above coverages, and shall provide Lessor with thirty (30) days ' advance
written notice in the event of any cancellation or material modification
thereof. With respect to destruction or loss of the vehicle leased
hereunder, Lessee shall maintain a self-insurance program to provide
physical damage and theft coverage for payment for loss of or damage
to the vehicle in an amount not exceeding the valuation thereof pursuant
to Section One of this Agreement, less any applicable depreciation of
the vehicle thereunder.
SECTION SEVEN
INDEMNITY OF LESSOR
Lessee agrees to indemnify and hold harmless Lessor against
all claims, losses, causes of action and expenses, including legal
expenses for death or injury to persons or damage to or loss of property
(including the vehicle) , caused by the use and operation of the vehicle
by Lessee during the term of this lease.
a
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SECTION EIGHT
TERM OF LEASE
The term of this lease shall be from month to month
commencing on the date of delivery of the vehicle pursuant to
Section Two, and shall be terminable by either party on thirty
days ' advance notice in writing.
SECTION NINE
RETURN OF VEHICLE
On expiration of the lease term, Lessee shall return
the vehicle in the same condition as when received, less reason-
able wear and tear, at Lessor' s facility at Beaumont, Texas, or
any other location mutually agreed to by the parties .
SECTION TEN
NOTICES
Any notice to be given hereunder shall be deemed given
when sent by registered or certified mail to the party to be
notified.
SECTION ELEVEN
RENT
Lessee shall pay as rental the sum of One Dollar
($1. 00) per month for rental of the vehicle.
IN WITNESS WHEREOF, the parties have executed this
lease at the day of ,
19
JEFFERSON COUNTY WATER CONTROL AND
I12ROVEMENT DISTRICT NO. 10
By:
Its:
Attest:
CITY OF BEAUMONT
Its:
Attest:
EXHIBIT "A"
1960 INTERNATIONAL/SEAGRAVES
VIN NO. : M-5
MOTOR NO. : 36376
MODEL NO. : VCO-196
PUMP NO. : A-3601