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HomeMy WebLinkAboutRES 84-248 �z 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 Petroleum Operation and Support Services, Inc. of New Orleans, Louisiana, for One Thousand Five Hundred ($1 ,500) Dollars per month, substantially in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the 'O,t-� day of , 1984. �dA - Mayor - VEHICLE LEASE Vehicle lease made this day of , 1984, between Petroleum Operation and Support Services, Inc. , City of New Orleans, Jefferson Parish, State of Louisiana, 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" . 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 Rental Lessee shall pay as rental for the vehicle One Thousand Five Hundred Dollars ( $1 ,500) per month payable upon receipt of invoice, to be issued quarterly. All rentals shall be paid by Lessee to Lessor at its address herein set forth or to such other person or organization as Lessor shall designate in writing. Rental for the first month shall be prorated from the date of delivery of the vehicle. SECTION TWO Valuation and Depreciation The agreed value of the vehicle at the time of delivery thereof is Twenty Thousand Dollars ( $20,000) . Depreciation shall be computed on the basis of one percent ( 1% ) per month of said Exhibit °'A" original agreed value from the date of delivery of the leased vehicle. SECTION THREE Delivery of vehicle Delivery of the vehicle shall be provided at Lessee' s expense. SECTION FOUR Use of Vehicle Lessee agrees that it will use the vehicle only for its intended purpose at its Weeks Island, New Iberia; West Hackberry , West Hackberry , La. ; Sulphur Mines S.P.R. Site, Sulphur , La. ; and Big Hill S .P.R. Site, Winnie, Texas, facilities. 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, charge, or encumbrance. SECTION FIVE 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. SECTION SIX Maintenance and Repairs Unless otherwise agreed in writing by the parties, all service, materials and repairs arising out of and in connection 2 - w-ith 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. This provision is not intended to obligate Lessee to payment for major repairs arising out of vehicle age or condition of vehicle at the initiation of the lease. SECTION SEVEN 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 liability for bodily injury and property damage caused by the use or operation of the vehicle by Lessee during the term of this lease. Said insurance shall afford combined total liability limits of $2 ,000,000 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 - 3 - to Section 2 of this Agreement, less any applicable depreciation of the vehicle thereunder. SECTION EIGHT 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. SECTION NINE Term of Lease The term of this lease shall be from month to month commencing on the date of delivery of the vehicle, and shall be terminable by either party on thirty ( 30) days advance notice in writing. SECTION TEN Return of Vehicle On expiration of the lease term, Lessee shall return the vehicle in the same condition as when received, less reasonable wear and tear, at Lessor' s facility at Beaumont, Texas, or any other location mutually agreed to by the parties. SECTION ELEVEN Notices Any notice to be given hereunder shall be deemed given when sent by registered or certified mail to the party to be notified. 4 - IN WITNESS WHEREOF , the parties have executed this lease at the day of , 19 PETROLEUM OPERATION AND SUPPORT SERVICES, INC. By: Its: ATTEST: CITY OF BEAUMONT By: Its: ATTEST: 5 - EXHIBIT "A" 1960 INTERNATIONAL/SEAGRAVES VIN NO. : M-5 MOTOR NO. : 36376 MODEL NO. : VCO-196 PUMP NO. " A-3601