HomeMy WebLinkAboutFire Apparatus Lease ORIGINAL
FIRE APPARATUS LEASE
THIS FIRE APPARATUS LEASE, entered into this 21'day of August, 2024, by and
between the Utica Township Fire Protection District, by and through its Board of Trustees,
hereinafter collectively called "Lessor," and the City of Jeffersonville, Indiana, by and through
its Board of Public Works and Safety, hereinafter called "Lessee,"
WITNESSETH THAT :
WHEREAS, the Lessor owns the following fire apparatus: Ford F550 Super Duty Mini
Pumper (VIN#: 1FDUF5HT4LEE47641), Spartan/Ferrara Fire Engine (VIN#:
4S9DU2D92NC560978) and Ferrara Ladder Truck (VIN#: 1F9508438DH140039) (hereinafter
"Equipment"), and
WHEREAS, Lessee wishes to lease said equipment from the Lessor upon the terms and
conditions hereinafter set out,
IT IS NOW AGREED AS FOLLOWS:
1. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the
above-described equipment.
2. The Lessee agrees:
A. To pay Lessor as rental for the equipment the sum of$1.00 (One Dollar
and No Cents) with the term of the lease commencing on August 21, 2024 and
continuing until December 31, 2025, or until this lease is terminated as hereinafter
provided, subject to extension annually thereafter, by mutual agreement of the parties.
B. Upon breach of any of the terms or covenants herein contained to be
performed by Lessee, and after ten (10) days' written notice thereof, Lessor may
terminate this lease and upon demand Lessee will deliver the equipment to Lessor, and
upon Lessee's failure to do so, Lessor may enter upon the premises without legal
process and repossess the equipment.
C. Lessee will save Lessor harmless from any claim or damage caused or
occasioned by Lessee's use or operation of the equipment.
D. Lessee shall store the equipment at Lessee's business address, nor assign
this lease nor sublet the equipment unless Lessee shall first obtain the written consent of
Lessor. Lessee further agrees not to use the equipment or any part thereof or attachment
thereto for any purpose other than that for which the same was originally intended and
authorized.
E. Time shall be of the essence of this lease.
F. Lessee shall be responsible to and indemnify Lessor for all loss, injury or
damage to the equipment, by theft, fire or otherwise, ordinary wear and tear excepted.
G. Lessor shall have the right to inspect the equipment at all reasonable
times.
H. Lessee shall keep the equipment insured for its full insurable value
under a policy with an insurance company acceptable to Lessor, with the proceeds of
the policy payable to the parties as their respective interests may appear.
I. Lessee shall, at its sole expense, maintain the vehicle in a good state of
repair, ordinary wear and tear excepted.
3. Lessee may terminate this lease by giving written notice to Lessor at least thirty
(30) days prior to the desired date of termination and by paying Lessor all sums due as rent to the
date of termination, and by returning the equipment at Lessee's expense to Lessor in good repair
and condition, ordinary wear and tear excepted.
4. It is mutually agreed:
A. That none of the terms or conditions herein shall in any manner be altered,
waived or abandoned, except by written agreement of Lessor and Lessee, and no delay
by Lessor in enforcing any of its rights hereunder shall be deemed a waiver of such
rights, nor shall a waiver by Lessor of one of Lessee's defaults be deemed a waiver of
any other or subsequent default.
B. That all agreements between the parties concerning the equipment are
contained herein, and no agreements, verbal or otherwise, concerning the equipment
shall be binding upon the Lessor or the Lessee, unless the same be reduced to writing
and attached hereto.
C. That this is not a sales contract and title to the equipment shall never pass
hereunder to the Lessee, unless otherwise hereafter agreed in writing by the parties.
D. This lease shall be binding upon the parties hereto,their respective personal
representatives, heirs, successors and assigns.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the Lessor and the Lessee have executed this lease on the
21 S`day of August, 2024.
"LESSOR"
UTICA TOWNSHIP FIRE PROTECTION DISTRICT
BY AND THROUGH ITS BOARD OF TRUSTEES
Joe Jarles, Presid
Randy L eritt, V'ce President
,, /-1/ 11144:(-,
Kelly ', Sec tary/Treasurer
"LESSEE"
CITY OF JEFF ' •ONVILLE INDIANA
BY AND T :OU H ITS B• ' II OF PUBLIC WORKS AND SAFETY
► / -Ji
Mayor M' Moore, Preside t
Prepared by:
Leslie D. Merkley
Corporation Counsel
City of Jeffersonville
500 Quartermaster Ct., Suite 250
Jeffersonville, IN 47130
(812)285-6423
lmerkley@cityofjef net