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HomeMy WebLinkAboutordinance.council.027-75W h, 0 r..) ~ H ~ 0 :.-] 0 ~1 rj RECORD OF PROCEEDINGS 100 Leaves Section 3 A public hearing on this ordinance shall be held on the /2 . day of ~ , 1975, at 5 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, -READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held ~~ ~ , 1975. ATTEST: Kathryn Hauter, City Clerk 1975. FINALLY ADOPTED AND APPROVED ON ATTEST: Stacy Standley III, Mayor Kathryn Hauter, City Clerk -2- G. M. LEASING & RENTAL, INC. MASTER MOTOR VEHICLE LEASE AGREEMENT"A" G. M. LEASING & RENTAL, INC. Master Motor Vehicle Lease Agreement "A" This Lease entered into by G. M. Leasing & Rental, Inc. (hereinafter called "Lessor"), and the undersigned Lessee (hereinafter called "Lessee"), the day and year hereinafter written. WITNE$SETH: LEASING TERM MONTHLY PAYMENTS RETURN OF VEHICLE LICENSE PLATES MAINTENANCE AND REPAIRS TAXES AND FINES LIABILITY INSURANCE PHYSICAL DAMAGE INSURANCE TOTAL LOSS NOTICE OF ACCIDENTS USE AND OPERATION RULES, REGULATIONS AND REPORTS OIL AND GREASE 1. Lessor Peases to Lessee the vehicle described at Item I in the attached Schedule A, which Schedule when duly signed by Lessee and when attached hereto shall become a part berne as though herein fully set forth. 2. The Lease term for the vehicle described shall commence on the day it is delivered to Lessee af the Delivery Place designated at Item 7 in the Schedule covering the same, and this Lease shall be in force for the number of months thereafter, as specified al Item 2 of the said Schedule A. 3. On ~he day of delivery of the scheduled vehicle, Lessee agrees to gay 1o Lessor twice the amount specified af Item 3 (hi of the attached Schedule A, one-halt of said payment shall be credited to the first month's charges, and the other one-halt shall be held by Lessor to secure the faithful performance by Lessee of all his covenants and agreements hereunder. Lessee agrees fo make the subsequent monthly payments in advance on the same day of each calendar month during the term of said Lease excepl fha~ any balance remaining on hand of the securify deposit shall be credited against lhe charge for the final month of the Lease Term. 4. Lessee agrees lo return the vehicle to Lessor on termination of the Lease at the return place specified in Item 8 of the attached Schedule A. 5. If a charge for same is made at Item 3 (bi of the said Schedule A, Lessor will, at its own expense, provide state license plates for and register the title to said vehicle in the name of Lessor at the time and in the place required by the laws of the state in which Lessee notifies Lessor said vehicle is to be used. If no such charge is made the licensing shah be at the expense of the Lessee, and if Lessor advances, or has advanced same, Lessee will reimburse Lessor in full on delivery of Ihe vehicle ~o Lessee. -- B. Unless a charge for Service is made in Item 3 (el of the annexed Schedule A (in which case a separate Service Agreement will be executed), aJI service, materials and labor necessary for the proper use, ma?ntenance, repair and operation of the leased vehicle shall be at the expense of Lessee. Provided, however, that wherever such costs are occasioned by perils covered by the com- prehensive insurance clause of a standard automobile physical damage policy, then the Lessee shall not be responsible for such costs, . or where such costs exceed $100 and result from collision or upset, as defined in a standard automobile physical damage policy, then .Lessee shall be responsible onl~ for the first $100 of the repair cost. If, in Lessor's judgment, Lessee is misusing a leased vehicle or is not properly maintaining same, il may, wilhoul notice, terminate the Lease for said vehicle. 7. Except as provided in paragraph 5 Lessee will pay all inspection fees fines, penalties, taxes, assessments, fees and charges imposed upon each vehicle arising out of or in any way connected with the leasing, use or operation of the leased vehicle. 8. If a charge is made at Item 3 (d) of the Schedule A, Lessor agrees to obtain bodily injury and property damage liability insur- ance on a National Bureau form, naming Lessor and Lessee as msureds, with limits as defined at Item 9 of the Schedule A, in an insur- ance comoany admitted to do business in the State of Colorado and to furnish Lessee with a certificate of insurance evidencing same. In the event the insurance company issuing said policy determines Lessee is ineligible for any reason for inclusion in the automobile liability insurance policy issued to the Lessor, this Lease shall be void and of no effech Eligibility in said policy shall be determined solely by the Company issuing said policy [o fha Lessor, and by none other. If no such charge is made, then Lessee agrees to provide and maintain liability insurance with limits as specified at Item 9, with an insurance company satisfactory to Lessor, naming Lessor as an insured, and to furnish Lessor a certificate so evidencing such insur anco. Failure fo provide such insurance, or to keep it in force, shall be grounds fur lermination. 9. Unless a charge for comprehens}ve physical damage and SlOg deductible collision insurance is made at Item 3 (c) of the attached Schedule A, Lessee agrees to provide and maintain such insurance at his own expense, naming Lessor as the insured, in a company satisfactory to Lessor. Failure to provide and mainlain such insurance shall be cause for immediale termination of this Lease and shall render Lessee liable for all damages ensuing fram such failure. If such a charge is made, such insurance will be provided, or this risk assumed, by Lessor. 10. If the leased vehicle is stolen, and not recovered and available for Lessee's use within ten (10) days from the date of theft, Pr if it is damaged beyond repair, Lessor may, at its option, replace said vehicle with one of the same make, body style, model and year in equal or better condition, or terminate this Lease as lo such vehicle. In case of termination, the entire depreciation reserve accumulated with respect to such vehicle shatl become the property of Lessor free of any claim by Lessee, and if the total loss resulted from collision or upset, as defined in a standard automobile physical damage policy, Lessee will, in addition, pay [o Lessor the sum of $1OO. 11. Lessee will notify Lessor af each accident, or of the loss of, or damage to, the leased vehicle within twenty-four i24) hours thereafter, giving such information as Lessor may refluesh and Lessee will perm?t Lessor to inspecl said vehicle, promptly advise Lessor of all claims and demands relating Io same, and aid in the recovery of damages from third persons liable therefor. 12. Lessee will not load, use, operate or store said vehicle negligently, improperly or in violation of any law or so as to void any insurance covering the same, or let or use fha same as a public or livery conveyance, or permit said vehicle fo become subject to any lien, charge or encumbrance. ]3. Lessee agrees to conform to all rules and regulations of Lessor in effect at the time of execution of this Lease or thereafter prescribed. Lessee further agrees fo furnish to Lessor full and complete monthly reports on the forms prescribed and furnished by Lessor. 14. Lessee agrees, at his own expense, to cause said vehicle to be properly greased and to change the motor oil every 2,000- 3,000 miles of operation at an authorized service facility designated by Lessor, also to provide such other periodic lubrication as the manufacturer recommends. Invoices evidencing the performance of the foregoing services shall be forwarded to Lessor for the said vehicle manufacturer's warranty validation. Lessor agrees to return invoices to Lessee if requested. INDEMNITY CLAUSE WARRANTIES DELIVERY ASSIGNMENT EXCESS MILEAGE CHARGE ADVERTISEMENT TERMINATION PRIOR TO EXPIRATION DEFAULT BY LESSEE GENERAL PROVISIONS IN WITNgSS WHEREOF, the parties hereto have executed lhese presenls this day of 19__ G. M. LEASING & RENTAL, INC. (Lessor) fLessee) Ry By ATTACH SUPPLEMENTS HERE 15. Lessee hereby assumes ali liabilily for and agrees to save lessor harmless against all loss imposed by law resulting from Lessee's use or operation (including loading and unloading) during the term of this contract on the leased vehicle and arising out of, bodily injuries whether resulting fatally or otherwise (including damages for loss of services consequential therefrom) to any person or persons and/or damage to property belonging to any person or persons (including damages for loss of use of such property consequential therefrom). Lessee further agrees to defend at his own expense all claims or suits for damages set forth in this paragraph and to pay ell costs thereof. 16. There are no warranties arising by statute or otherwise except as stared herein, and unless otherwise agreed fo in writing, Lessor shall not be liable for any loss or damage to Lessee of any kind and howsoever caused, by the leased vehicle, or H~e repair, maintenance, service, adjustment or equipment thereof, o~ by any de(ay or failure thereof, or by any in[erruption of service or loss of business or damage whatsoever and howsoever caused. 17. Lessee acknowledges that the Anticipated Delivery date specified atltemlO in the Schedule A is an opinion only and beyond the control of Lesmr. Should Lessor fail for any reason to deliver the vehicle to Lessee on or before lhe Antic?pared Delivery date, Lessor shall not be liable theretor, but Lessee may give Lessor notice in writing of his intent to cancel the Lease of said vehicre if it be not delivered within thirty 1301 days following such noHce; otherwise Lessee will accept delivery of the vehicle as agreed and when available. 18. Lessee will not assign this Agreement nor sublease said vehicle. Should Lessor assign this Agreement or any interest hereunder as security for any of /ts indebtedness, no breach or default by it of any agreement pertaining to lhe service, maintenance and/or repair of said vehicle, should there be one, shall excuse performance by Lessee of any provision hereof so long as any such assignment shall remain in effect. The lease of said vehicle and the rights of Lessee hereunder are and continue fo be subiecL subordinate and junior to the lien of any conditional sales contract or chattel mortgage, and to the rights of the holder thereof, whether heretofore or hereafter executed thereon; however, should Lessor default in the payment of any sum to be paid or covenant to be performed by it pursuant to any such contract or mortgage, Lessee may pay the rent for the vehicle subiect thereto to the holder of such conlrac[ or mortgage, and the payment to such holder, or the lienholder, after notice of default shall constitute payment as if ir had been made to Lessor. 19. In the event that during the lease period Lessee operates the vehicle described in ~he opplkable schedule more lhon the basic mileage specified at Item 4 (a) of the Schedule A, he agrees to pay the per mile charge specified at Item 4 (b) for each such excess mile. Lessor may at any time or limes make a determination of miles driven, and if the miles driven, proraPed to the time the vehicle has been in Lessee's possession, exceeds the basic mileage, likewise prorated, Lessee shall, on demand, pay for such excess mileage at the agreed role. If any subsequent check reveals that (he miles driven on a prorated basis is wi[hin the ~rorafed basic mileage, an appropriate adjustmenl shall be made either by way of a credit or refund. No credi~ shall be allowed for miles driven less than the basic mileage. 20. Lessee shall have the right to affix to any vehide leased hereunder any appropriate advertisement or insignia indicating that such vehicle is being used in the ~ervice of Lessee. Lessee agrees to remove such signs or insignias and to reslore said vehicle to its original condition on lhe expiration of this lease. 21. Lessee may lerminate the Lease Term of the scheduled vehicle at any time before the end of the Lease Term, provided Lessee: (a) shall not be in default hereunder; (b) shall have given Lessor thirty (30) days' advance noHce in writing of such intention; and (c) returned the vehicle to Lessor at the return place specified in Item 8 of the applicable Schedule A. In the event of such termination the same procedure shaI/ be followed as if the Lease had run for the full fern, and in addition ~hereto, Lessee shall pay ~o Lessor fifty percent (50%) of the remaining monthly payments as a termination penalty, 22. In (he event of default in any payment or in the keeping or performing of any covenant to be made, kept or ~erforrned by Lessee, or in the evenl Lessee be adjudicated bankrupt or insoJvenl by any court, or makes an assignmen! /or the benefit of credilors, or if any receiver or trustee in bankruptcy shall be appointed for Lessee, in any suit or proceeding, Lessor reserves the right Ia declare this Agreement in defauH and to repossess lhe vehicle, and shall be entiHed to full remuneration for all loss, damages and expenses sustained by reason of such defau(t or other cause entitling the Lessor tn repossession. 23. This is an agreement of Lease and nothing is to be construed as conveying to Lessee any rights except as a Lessee and as herein provided. ~xcept as otherwise herein agreed, Lessee will return said vehicle fo Lessor at the end of the Lease Term in the same condition as when received, less reasonable wear and tear only. Any obligation of Lessor may be suspended Io the extent if is hindered from complying therewith because of any matter beyond its control. Rent shall not abate for any reason until the termination of the Lease Term. Any use of said vehicle after the Lease Term shah be at the same rent and may be terminated by Lessor on 30 days' notice. Lessee authorizes Lessor to insert at any time in each Schedule A, the information identifying the vehicle and the date it was delivered to Lessee. Notices hereunder shall be given in writing and mailed to the other at the address specified for each below. This Lease represents Phc entire agreement between the parties hereto and there are no collateral oral agreements and understandings. The marginal headings ore for convenience and are not a part of this Agreement. This Agreement shall be binding' upon and inure lo the benefit of the heirs, executors, administrolors, successors and assigns of the parties hereto. Witness: (Address) G. M. LEASING & RENTAL, INC. ADDENDUM Guidelines for determining excess wear and tear at lease termination Lease No. Date Car must be mechanically sound. There must be no missing parts, 1. TIRES Snow tires are not acceptable. Matching set of 5 tires. At least 25% of even wear remaining. 2. BODY No scratches or dents over one inch in length or diameter. No rust that cannot be removed. 3. PAINT No scratches, or chips or rusted areas over one inch in length or diameter, or series of smaller ones. No mismatch of paint if areas have been repainted, No special fleet colors or identification. 4. GLASS Windshield - No cracks over one inch in length nor pitted, chipped, scratched, or with a crack less than one inch in length that hampers driver's vision or should fail to pass any state inspection. No windows other than windshield -- cracked or broken. No inoperative window mechanism. No lenses or sealed beams broken. 5. CHROME AND OTHER BRIGHT-METAL EXTERIOR TRIM Bumpers -- No dents over six inches in length or diameter. No scratches through to the metal over two inches long. Grille - No broken grilles. No dents larger than three inches in length or diameter. Other trim parts including head-lights and tail-light bezels - No single indentations over one inch diameter or length. No series of smaller dents in the same piece of molding. 6. INTERIORS No seats, seatbacks, headlining, door panels or carpeting, either torn, damaged or burned. I HAVE READ THE ABOVE AND AGREE TO THESE CONDITIONS. G. M. LEASING & RENTAL, INC. Lessor Lessee By By. G. M. LEASING & RENTAL, INC. SCHEDULE 1. DESCRIPTION OF VEHICLE: Vehicle No. Year Chevrolet Blazer Make Body Style Model issued by Ior __ State Serial No. and the following equipment Yea? Color Tire (No. and Size) 2. LEASE PERfOD: 3. MONTHLY PAYMENTS: (at Fixed monthly rent (bt License Plates (ct Comp. $ Dad. & $100 dad. Collision Ins. id) Auto Liability Insurance (et Service (fl MONTHLY LEASE PAYMENT (gl Sales Tax -- % ih) TOTAL FIXED MONTHLY PAYMENTS, INCLUDING TAX 4. EXCESS MILEAGE CHARGE: (at Basic miJeage for ~4 months rental period (bt Excess mileage charge $. ORIGINAL CAPfTALIZED COST: 6. MONTHLY DEPREC)ATION RESERVE: 7. DELWERY PLACE: per month per month per month per month per month per month per month 30,000 · 04 ¢ per mile S 8. RETURN PLACE: 9. AUTOMOBILE LIABILITY INSURANCE REQUIRED: (at Bodily Injury Liability per individual (bt Bodily Injury Liabillty per accident (ct Prol~erty Damage Liability id) Medical Per Person Per Accident ~0. Dated this day of $ 100,000 $ 300~000 S,300~O00 S IT IS UNDERSTOOD AND AGREED THAT THIS SCHEDULE SHALL BE AND BECOME A PART OF OUR MASTER MOTOR VEHICLE LEASE WITH G. M. LEASING AND RENTAL. INC. 11. PHYSICAL DAMAGE INSURANCE PROVIDED BY The Aspen AGency __ 12. LIABILITY INSURANCE PROVIDED BY -same- 13. ADDITIONAL INSURED(LESSEE) Cit'y ~f Aspen ADDRESS B~' '~ City A~_~ State Colorado OCCUPATION OR BUSINESS OF ADDITIONAL INSURED Municipal Corporation 14. PRINCIPA~ OPERATOR ~[~ ~' ~o~e~ Date of Girth ///~/~O 15. The Eessee certifies (at that during the pest 3 years no iflsu~e~ has cencelled insurance similar to that offo~ded under the above numbered policy, and (bt that all statements made herein are t~ue and correct, that luch insurance as may be issued shall be complete reliance upon such statements. ~6. DATE OF DELJVERY G. M. LEASING & RENTAL, INC. Lessor Address By By