R-019 Chi Town Harley Lease Motorcycle
Transcription
R-019 Chi Town Harley Lease Motorcycle
RESOLUTION NO. 2008-R-019 RESOLUTION AUTHORIZING A CLOSED END MOTORCYCLE LEASE HARLEY DAVIDSON WHEREAS, the Corporate Authorities of the Village of Tinley Park, Cook and Will Counties, Illinois, have considered a lease agreement for the for the lease of certain personal property, specifically a motorcycle to be used by the Police Department, a true and correct copy of such Lease Agreement being attached hereto and made a part hereof as EXHffiiT 1; and WHEREAS, the Corporate Authorities of the Village of Tinley Park, Cook and Will Counties, Illinois, have determined that it is in the best interests of said Village of Tinley Park that said Lease Agreement be entered into by the Village of Tinley Park. NOW, THEREFORE, Be It Resolved by the President and Board of Trustees of the Village of Tinley Park, Cook and Will Counties, Illinois, as follows: Section 1: The Preambles hereto are hereby made a part of, and operative provisions of, this Resolution as fully as if completely repeated at length herein. Section2: That this President and Board ofTrustees ofthe Village ofTinley Park hereby find that it is in the best interests of the Village of Tinley Park and its residents that the aforesaid Lease be entered into and executed by said Village ofTinley Park, with said Lease to be substantially in the form attached hereto and made a part hereof as EXHIBIT 1. Section 3: That the President and Clerk of the Village of Tinley Park, Cook and Will Counties, Illinois are hereby authorized to execute for and behalf of said Village of Tinley Park the aforesaid Lease. Section4: That this Resolution shall take effect from and after its adoption and approval. ADOPTED this 1st day of April, 2008, by the Corporate Authorities of the Village of Tinley Park on a roll call vote as follows: AYES: Seaman, Hannon, Bettenhausen, Maher, Staunton NAYS: None ABSENT: Rea APPROVED this 1st day of April, 2008, by the President of the Village of Tinley Park. ATTEST: li~Jge~ 2 Harley-Davidson Leasing 3850 Arrowhead Drive, Carson Ctty, NV 89706 CLOSED-END LEASE (No Purchase Option) This lease Is an agreement to lease the Vehlde described below. This Is not a purchase agreement lessor owns the Vehlde. "lessor" refers to lessor named above. "lease" refers to this Closed-End lease . "lllu" and "YolK" refers to lessee. By signing 1his lease, You agree to all tts terms and conditions. Be sure to read the entire lease before \bu sign it I NAME DEAlER NUMBER ADDRESS CHI TOWN HARLEY 1021 lESSOR lESSEE HARlEY-DAVIDSON lEASING, INC. 3850 ARROWHEAD DRIVE CARSON CfTY, NV 89706 NAME 117801 S LAGRANGE RD., TINLEY PARK, IL 60487 VILLAGE OF TINLEY PARK ADDRESS 7850 WEST 183RD ST. STATE IL CITY TINLEY PARK ZIP 60477 PHONE 708-444-5300 DESCRIPTION OF VEHICLE NEW/IJSEO YEAR NEW 2007 MAKE&MODEL HARLEY-DAVIDSON BODY TYPE VEHIClE ID NUMBER FLHTP 1HD1 FMM197Y675787 ODOMETER MILEAGE OTHER EQUIPMENT DESCRIBE SERVICE CONTRACT DR EXTENDED WARRANTY LEASE PAYMENTS OTHER TERMS AND CONDITIONS s 517.10 1. PAYMENT DUE AT lEASE SIGNING 2. NUMBER OF MONTHLY PAYMENTS 3. HOW THE AMOUNT DUE AT lEASE SIGNING OR DEliVERY Will BE PAID: $ 0.00 a. Net trnde-in allowance 0.00 b. Rebates and noncash credtts $ 0.00 c. Amount to be paid in cash d. Other (describe) _ __ _ __ _ __ _ $ 0.00 24 s 4. 5. THESE AMOUNTS MAKE UP THE PAYMENT DUE AT lEASE SIGNING: a. capitalized Cost Reduction $_o_.oo _ _ _ __ b. Rrst Monthly Paym811t In Ad'1311C8 $...:2::::52:::..1:..:0_ _ __ c. Refundable Secu~ty Depostt $...:0:.:.:.00:.::...._ _ __ d. Title Fees $...:6c:.;5·c:.;oo:....__ _ __ e. Rll!llstraUon Rle 1. Ucense Fee S...:O :..:o:::---o -s_o:..:oo:.::.__ _ __ g. Rental/Use Tax h. lease AcqulsiUon Fee l. other (describe) 1- Other (desaibe) s _o:.:.:.oo ::..,.,--- MONTHLY PAYMENT THESE AMOUNTS MAKE UP THE MONTHLY PAYMENT: a. Base Monthly Payment> b. Other (describe) _ __ _ __ __ _ _ c. Other (describe) - -- - -- - -- - - S ...:2::00.::.o:.:o~--- s_ ____ _ s_ ___ _ _ s 252.1 0 $ 252.10 $ 0.00 $_ _ __ _ 6. TOTAL OF PAYMENTS (The amount You wtll have to pay by the end of the Lease) 7. PAYMENT SCHEOlli Your first Monthly Payment of $ 252.1o Is due when lllu sign the Lease. Your other~ Monthly Payments are due on the~ day ol each month, beginning APRIL (Month), 2008 (Year). 8. $ 6050.40 YOUR MONTHLY PAYMENT IS DETERMINED AS SHOWN BELOW: a. GROSS CAPITAUZED COST $ _1_43_s-'o.;;_ oo'----The agreed upon value of the Vehide ($ 14050.00 ) and any items You pay over the Lease term (such as service contracts, insurance, and any outstanding prior credit or Lease balance). b. CAPITAUZED COST REDU(;!]ON $ _o_.o_o_ _ __ The amooot ol any net trnd&-in allowance, rebate noncash cred'il, or cash that You pay that reduces the gross capitalized oosl c. ADJUSTED CAPITALIZED COSTS S _14_35-o'.:.:.o.::..o_ __ The amount used in calculating Your Base Monthly Payment d. RESIDUAL VALUE $ ....:..:10.::..53:.:.7:.:. .00::..__ _ The value of the Vehicle at the end of the Lease used in calculating Your Base Monthly Payment e. DEPRECIATION AND ANY AMO!mZED AMOUNTS S _38=-:.13::..1:.:2~--The amounts charged for the Vehicle's dedine in value through nonnal use and for other Hems paid over the Lease tenn. I. RENTCHARGE s _::22:.:3.:..:7.2:;:B::..__ _ _ The amount charged in addition to the depreciation and any amortized amounts. g. TOTAL OF BASE MONTHLY PAYMENTS $ ..ce:..:.os::..:o.:..: .4.:..o_ __ The depreciation and any amortized amounts plus the rent charge. h. lEASE PAYMENTS _2=..4~---Thβ’ numNar nf M wmfl'nb; in 'tt111t LAA.SA. 11 . TAX REPRESENTATIONS. Taxes; Permtts. (a) \bu agree to pay, and to indemnify, and hold Lessor hannless from, all license, sales, use, personal property or other taxes together with any penalties, flnes or Interest thereon Imposed or levied with respect to the Vehide or the ownership, delivery, lease, possession, use, operation, sale or other disposidon thereof or upon the rentals or earnings arising lherelrom, except any federal or stats income taxes payable by Lessor. You may in good faith and by appropriate proceedings contest any such taxes so long as such proceedings do not involve any danger of sale, forfetture or loss of the Vehide or any interest in the Vehide. (b) lllu shall provide all permits and licenses necessary for the Installation, operation and use of lhe Vehide. \bu shall comply with all law.;, rules, ragulations and ordinances applicable to the installation, use, possession and operation of the Vehide. ~ compliance wtth any law, rule, regulation, ordinance, permit or license requires changes or additions to be made to the Vehide, such change or addttions shall be made by You at lllur own expense. 12. LATE CHARGE. ~a monthly payment Is not paid In full within ten (1 0) days aner ~ Is due, lllu will pay a late charge of five per cent (S'Yo) of the pm of the payment that Is late. 13. CHARGE FOR RNES. Each time Lessor pays a flne imposed on the Vehide during this lease, You wtll pay Lessor a charge of $20.00 plus the amount of the fine. 14. INSURANCE. At Your own expense, lllu shall, du~ng the Lease Term, maintain (a) casualty Insurance lnsu~ng the Vehlde against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use In the state where You are located and any other risks reasonably required by lessor, In an amount at least equal to the then applicable "Purchase ~ce· ol the Vehlde; (b) liability Insurance that protects Lessor !rom liability In all events In loon and a111011nt satisfactory to Lessor; and (c) workers' compensation coverage as required by the law.; of the state where lllu are located; provided that, wtth Lessor's p~or ~tten consent, lllu may se~-lnsure against the rtsl<s des~bed In dauses (a), (b) and (c). lllu shall furnish to Lessor evidence of such Insurance or sett-Jnsurance coverage throughout each Lease Term. You shan not materially modify or cancel such Insurance or seW-insurance coverage wtthout first giving written notice thereof to Lessor at least 10 days In advance of such cancellation or modification. All such insurance des~bed In dauses (a) and (b) above shall contain a provision naming Lessor as a loss payee and additional Insured. If lllu faiT to provide us such evidence, then we will have the rtgh~ but not the obligaUon, to have such insurance protecting us placed at lllur expense. Your expense shall indude 1he full premium paid for such Insurance (not reduced by any credit or refund due or paid to us under the policy by reason of favorable loss experience) and any customary charges or fees of ours or of our designee assodated wtth such Insurance. lllu agree to pay such amounts In equal Installments allocated to each rental payment (plus interest on such amounts at 1.5% per month or the highest rate permitted by law whichever Is less). ~ any Insurance proceeds are paid as a result of any such loss or damage to the Vehlde, so long as 'l\Ju are not In default under this Lease or any other obligation to us, then 'l\Ju shall have the oplion lo (i) use the Insurance proceeds to repair or replace the Vehlde, or 00 apply the Insurance proceeds towards lllur obligations under tills lease. ~ Insurance Is placed under this Paragraph, \bu shall cooperate with our Insurance agent In connection with 1he placement and 1he processing of any dalms. Nothing In this Lease shall create any Insurance relatlooshlp of any type whatsoever between us and any other person or party. You acknowledge that we are not required to secure or maintain In force any Insurance, in any amounts or upon any specific tenns and conditions. WE RESERVE THE RIGHT TO TERMINATE ANY SUCH INSURANCE COVERAGE WHICH WE MAY ARRANGE, AND WE MAY AllOW AHY SUCH INSURANCE COVERAGE TO LAPSE WITliOUT HAVING AHY LIABILm TO YOU. In the event that we replace or renew such Insurance coverage, we shall nol be obligated to provide replacement or renewal coverage under the same terms, costs, limtts or conditions as the previous coverage. 15. VEHlCLE USE AND SUBLEASING. You a~ that You win not, and wil not permit others to: a. use the Vehlde In violation of any law, b. use the Vehide contrary to any provisions of any Insurance policies coveling the Vehlde; c. use the Vehlde to pull trailers that exceed the manufacturer's trailer towing TERMS AND CONDITIONS (CONTINUED FROM FRONl) 17. WARRANTY AND EXClUSION OFWARRAmY. The only wamtnty (other than a warranty of descriplion of the Vehide and a wallllnly against interference with Your interest under this Lease) covering the Vehicle Is any standard manufacture~s express warranty. Lessor agrees that You may receive, to the extent of Your interest under this Lease, the benefit of any manufacturer's express warranty that covers the Vehicle. You must abide by the restrictions and limitations of duration and remedy of any suth warranty. You ~11 also have an extended warranty or service contract You arrange for one with this Lease. b. ff You are in default, Lessor may terminate tllis Lease. The amount 'lbu owe upon termination wiH be determined Lr1der Item 24. c. ~You are in default, Lessor will have the remedies in this Lease. Lessor will also have any other remedies applicable law gives Lessor except as Lessor otherwise agrees in tllis Lease. Lessor's rights include tile right In sue You for damages and to recover the Vehicle and tile right In take the Vehicle from You witllout demand. Lessor ~11 exercise its rights and remedies ~ut breach of the peace, at reasonable times and places, in a reasonable manner, and in accordance with applicable law. If You are in defau~ and Wthe law permits, You agree lhat Lessor or its agents may enter YolK property, or the property where tile Vehicle is stored, to lake tile Vehide Htlley do not breach the peace or break tile law. ff any personal property Is in tile Vehicle when taken, lessor can take the property and store tt for You. Ally property attached to the Vehide will stay with the Vehicle. \bu agree In pay the reasonable expenses of taking and slnring tile Vehicle. You also agree to pay Lessor's reasonable attorney fees to tile extent permitted by law. n YOU UNDERSTAND ntAT LESSOR IS NOT OFFERING ANY EXPRESS OR IMPLIED WARRANllES Wlnt RESPECT TO TilE VBliCLE. IN PARTICULAR, LESSOR MAKES NO IMPUEO WARRANTY OF MERGHANTABIUlY ANO ntERE IS NO WARRANTY THAT THE V811GLE WIU BE RT FOR A PARTICULAR PURPOSE. 18. RISK OF LOSS. You will have the risk of loss ol the Vehicle only when You lake possession ot ~ (except as provided in nem 24 when a Vehicle Is stolen, and not recovered, or destm~ and there is an insurance settlement). 19. MAINTENANCE, REPAIRS, AND OPEAAT!NG EXPENSES. You agree to maintain and repair the Vehicle In keep it in good worldng order and condition. You agree to pay for or cover all maintenance repair and operating expenses. 'lbu also agree to service the Vehicle as the manufacturer recommends in the OWner's Manual and Maintenance Schedules folder that comes with the Vehicle and as the manufacturer requests in any recall campaign. If You do not maintain or repair the Vehicle or pay all operating expenses as this Lease requires, Lessor may do so and add the cost to Your obligation under this Lease. Lessor may require You to pay this cost upon demand. M. Your own cost and expense You shall replace any and all parts and devices which may from time to time become mm ou~ lost, smlen, destroyed, damaged beyond repair or rendered unfit for use for any reason whalsoever. /Ill such replacement parts, mechanisms and devices shall be free and clear of all liens, encumbrances and rights of others, and shall become tile property of Lessor and shall be covered by this Lease to tile same extent as the Vehicle originally covered by this Lease. Lessor shall not be liable or responsible to Lessee for any Joss, damage, liability or expense of any kind caused by or related to the Vehicle, or resulting from any defect in or deficiency of tile Vehicle, or resulting from tile use or operation of the Vehicle. 20. EXCESS WEAA. "Excess wear" includes: (a) glass tllat is damaged or tllat You have tinted; (b) damaged body, fenders, melal work, Hghts, trim or pain~ (c) missing equipment lhat was In the Vehicle when delivered and has nat been replaced witll equipment of equal quality and design; (d) missing tools; (e) missing or unsafe wheals or tires; (I) any Ure wilh less than 1/8 inch of tread remaining at the shanowest point; (g) tom, damaged or stained seats; (h) any mechanical damage or ather condition tllat causes tile Vehicle In 01J9rate in a noisy, rough, Improper, unsafe, or unlawful manner; and OJ any ather damage, whether or nat covered by Insurance. 21. ANES, UENS, AND ENCUMBRANCES. You agree to keep lhe Vehicle free of all fines, liens, and encumbrances. ff You do not promptly pay any fines or remow any liens or encumbrances, Lessor may do so. You will owe Lessor any amounts Lessor pays to do so. You will also owe Lessor $20 for each time Lessor pays a fine imposed on lhe Vehicle dur1ng this Lease. 22. SCHEDln..EO TERMJN,q]QN, This Lease is scheduled to end one month after the last payment is due, unless You and Lessor agree to extend this Lease. ~You and Lessor extend tills Lease, tile scheduled end will be tile date upon which You and Lessor agree In wriUng. 23. NONAPPROPRIATION. You are o!JIIgated only Ill pay such lease Payments under each Lease as may lawfully be made from funds budgeted and appropr1ated for that purpose. Should You fail to budge~ appropr1ate or otherwise make available funds to pay Lease Payments under any Lease within the Original Term, such Lease or Leases shall be deemed terminated. You agree lo deliver notice to Lessor of such termination at least 15 days prior to the end ol the last budgeted month. Failure to glve such notice shall not extend tile term beyond any month which payment has not been received by the Lessor. ff any Lease Is terminated In accordance with tills Section, Lessee agrees lo peaceably deliver lhe Vehlde to Lessor at lhe location(s) to be specified by Lessor. Additionally, You agree to pay an charges required by ttem 24 of this Lease. 24. VOWNTARY EARLY TERMINATION AND RETURN OF THE VEHIClE. You may terminate this Lease early, ff You are not In defaul~ by reluming the Vehicle to Lessor and paying tile following: (a) an early termination fee of $200, plus (b) the difference, If any, between the Unpaid ~usled Capitalized Cost and tile Vehicle's Fair Market Wholesale Value, plus (c) all otller amounts tllen due under this Lease. You will never pay more than lhe sum of tile remaining unpaid lease payments, plus any excess wear charges, and all other amounts then due under tills Lease. n HOWEVER, the Vehicle Is stolen (and no! recovered) or destroyed and Lessor receives an Insurance settleme~ You will owe Lessor the amount of lhe Jnsur.mce deducUble Instead of the amount disclosed above. Definition Of Excess Wear Charge: The explained in parngraph 20. cost of any repairs needed because of excess wear as Unpaid Adjusted Capitalized Cost Is reduced on each payment due date. It Is calculated by reducilg the Adjusted CapitaNzed Cost each month by the difference between tile Base Monthly Payment and the part of lhe Rent Charges earned in lhat month on an actuarlal basis. Rent Charges are earned when due. Lessor will provide You wllh a written explanation of tile actuarial metllod upon Your request Fair Markel Wholesale Value, at Your option, will be: (a) an amount agreed to by You and tile Lessor, or (b) tile value which could be realiZI!d at the wholesale sale of tile Vehlde, as determined by a professional appraisal obtained by You at Your expense witllln 10 days from termination from an Independent thfrd party agreeable to Lessor, or (c) ff nat established by a~ent or appraisal, tile net amount received by Lessor HDL upon the sale of lhe Vehicle at wholesale. 25. DEfAUli a. You will be in defau~ nany of the following occurs: i. You do not make a payment when due. n. 'lbu make an assignment tor tile benefit of credltDrs. iii. You do not keep in fon:e the insurance coverage the Lease requires. iv. You do not repair or maintain the Vehide as the Lease requires. v. You violate the section of tllis Lease (Item 36) prohibiting the transfer of Your interest vi. You break any Df Your other agreements in tllis Lease and such breach significantly Impairs the prospect of paymen~ performance, or realization of Lessor's interest in tile Vehicle . ...... - _._ ....___.. ..__ l... .~__.__ .... ~ - ...- - 1------ .. ~ . -..:-.. . . . ,_. . 26. RETURN OF VEHia.E. You agree to return the Vehicle at Lease end to the Dealer or to any reasonable address Lessor gives You. The Vehicle must be in good condition. 27. OPTION TO PURCHASE. There Is no opUon In purchase. 28. ODOMETER DISClOSURE REQUIREMENT. Federal law requires You to disdose the Vehicle's mileage to lessor at the end of the Lease In connection witll a transfer of ownership of the Vehicle. You may be flned am11or lmprlsoned ~You fall to complete the disclosure or II You make a false statement n 29. You have paid all required fees and taxes and have kept all of Your agreements In this Lease, You will owe Lessor only tile cost of any repairs needed because of excess wear, to put tile Vehicle In good condition. (lessor Is nat obligated to make any repairs). 30. REPRESENTATIONS AND COVENANTS OF LESSEE. You represen~ covenant and warrant for tile benefit of Lessor on the dale hereof and as of tile Commencement Date of each Lease as follows: (a)You are a public body corporate and politic duly organized and existing under tile constitution and laws of the Slate where You are located with full power and autllority under tile constitution and laws of tile Slate to enter lnlo this Lease and the lrllnsactions contemplated hereby and to perform all of its obligations hei'I!Under and under each lease; (b) You have duly aulhortzed tile execUtion and delivery of tills Lease by proper action of Your governing body at a meeting duly called and held In accordance with Slate law, or by other approprlate official approval, and all requ~ernents have been met and procedures have oa:vrred to ensure the validity and enforceability of this Lease; (c) You will do or cause to be done all tllings necessary to preserve and keep In full force and effect Your existence as a body corporate and politic; (d) You have complied wllh such public bidding requirements as may be applicable to this Lease and tile acquisition by You of tile Vehicle as prtl'llded In each lease; (e) You will use the Vehicle during lhe Lease Term solely and exclusively for tile purposes of performing essential governmental or proprletary functions; (Q You will annually provide Lessor wltll current flnanclal statements, budgets, proof of approprlation for the ensuing Fiscal Period, and such other financial Information relating to Your ablnty to conUnue each Lease as may be requested by Lessor, and (g) You have an immediate need for tile Vehicle listed on tllis Lease and expect In make Immediate use of the Vehicle. 31 . COVENANT TO SEfX APPROPRIATIONS. You agree lhat Yotr budget officer or other primary business official win do all things lawfully within such officer's or official's power (a) lo Include amounts to make lease payments under tllis Lease in each annual or biennial budget (as appropriate) to be submitted lo Your governing body and (b) to use best efforts to obtain and maintain ftJ'lds from wh!ch such lease payments under this Lease may be made d!J'Ing each fiscal period for which amounts have been duly appropnated lo make such payments. 32. CONDmONS TO LESSOR'S PERFORMANCE. This Lease Is not a comm~ent by lessor In enter Into any Lease no! currently in existence, and notlling In this Lease shall be construed to Impose any obllgaUon upon Lessor to enter Into any proposed Lease, It being understood lhat whether Lessor enters Into any proposed Lease shall be a decision solely within Lessor's discretion. Lessee will cooperate with Lessor In Lessor's review of any proposed lease. You ooderstand lhat Lessor reQiires cerlain docmlenlatlon and Information necessary to enter into any Lease and 'lbu agree to provide Lessor with any documentation or lnlormaUon Lessor may request In connection with Lessor's review of any proposed Lease. Such docurnentaUon may Include, without limitaUon, documentation concerning the Vehicle and its conlernplated use and location and documentaUon or lnlnrrnalion concerning the financial status of Lessee and other matters related lo Lessee. 33. SECURITY DEPOSIT. A refundable security deposit Is part of tile payment 'lbu make when You si!Jl this Lease. Lessor wli deduct from seaJ1ty deposits any amounts \bu owe under Lease and do not pay. Milr the end of tile lease, Lessor will refund Ill You any part of the security deposit that Is lett. 34. PAYMENTS FOR V811CI.E DAMAGE. ff tile Vehlde Is damaged, slnlen, or destroyed and funds become available from Insurance, a payment of a judgment, a settlement, or the like, tile funds will be treated as Insurance proceeds to which Harley-Davidson Leasing Is entitled under Item 14, "Insurance'. 35. INSPECTION. You agree to allow Lessor to Inspect the Vehicle at any reasonable time and place. If lessor asks to Inspect tile Vehicle, You will tell Lessor tile loca~on of tile Vehicle. 36. PROHIBmON OF TilE TRANSFER OF LESSOR'S INTEREST. YOU WIU NOT SUBLEASE, RENT, ASSIGN, GRANT A SECURITY INTEREST IN OR OTHERWISE TRANSFER YOUR INTEREST UNDER ntiS LEASE IN A WAY ntAT AFFECfS YOUR POSSESSION OR USE OF THE V811CI.E OR ANY OTHER RIGHT IN TilE VEHIClE. YOU WIU NOT ATTEMPT TO TRANSFER ANY OTHER RIGHT OR INTEREST UNDER THIS LEASE OR IN THE VEHIClE. LESSOR, UPON REQUEST, MAY GIVE PRIOR WRITTEN CONSENT TO ATRANSFER. 37. INDEMNITY. You will protect Lessor and anyone to whom Lessor assigns tilis Lease, from all losses, damages, Injuries, claims, demands, and expenses arising out of the condition, maintenance, use, or operation of the Vehicle. You agree to indemnify and hold harmless Lessor and its assigns from all such losses, damages, Injuries, claims, demands, and exponsBG. 38. DEUVERY REC8PT. By signing this Lease, You agree tllat (1) You received and examined tile Vehicle described in tllis Lease; (2) the Vehicle is as described in this Lease; and (3) tile Vehicle Is in good worldng order and condition.