HomeMy WebLinkAboutCC RESO 7873RESOLUTION NO. 78 ?
RESOLUTION APPROVING LEASE AGREEMENT
Be t resolved by the City Council of the City of National
City as follows:
Tha-: certain Lease Agreement between CITY OF NATIONAL CITY
and TOWNS(_ND COMPANY, IDENTI-KIT DIVISION, dated the 1st day of
January, ;961, a copy of which is hereto attached and made a part
hereof by reference, is hereby approved and accepted, and the
Mayor is )uthorized and directed to execute the same for and on
behalf of City of National City.
PASSED AND ADOPTED this day of February, 1961.
IDENTI-KIT LEASE AGREEMENT
MADE this lilt day of pw, , 19 WI by and between Townsend
Company, Identi-Kit Division, a Pennsylvania corporation with offices at 805 South
Grand Avenue, Santa Ana, California, hereinafter called LESSOR and
CIl1 OF NATIONAL CITY hereinafter called LESSEE:
WITNESSETH:
WHEREAS, the Lessee desires to lease from the Lessor an Identi-Kit consisting of the
following: "Identi-Kit, Serial Number 13-60 ," and
WHEREAS, the Lessor is willing to lease the Identi-Kit to the Lessee upon the terms and
conditions hereinafter stated.
NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, do
mutually covenant and agree as follows:
1. The Lessor hereby leases to the Lessee, and the Lessee hereby leases from the
Lessor, the Identi-Kit described above for an initial term of eissentbs 00005from
the date of this lease.
2. The rental on said leased Identi-Kit shall be $ 300.E per year, and
shall be payable in advance at the rate of 3130.00 per 6 months
3. The Identi-Kit shall remain the property of the Lessor and shall be returned
to the Lessor promptly after the termination of this lease for any cause in as good
condition as when received by the Lessee, ordinary wear and tear excepted.
4. The Lessee shall maintain the Identi-Kit in good condition and shall be re-
sponsible for any loss due to fire-, theft, casualty, or any other cause whatsoever
not resulting from the negligence or wilful misconduct of the employees or agents of
the Lessor. In the event of such loss, Lessee shall be responsible for reimbursement
to the Lessor in -uaiti Oi iy,�vva v., ,i And AI N 11014 Ow fair
ease of the property et the time of loss, but in no event to end the ems of $1,300.00.
5. In jurisdictions where any taxes and/or assessments may be levied applica-
ble to the Identi-Kit, Lessee shall assume and pay such obligations.
6. The Lessee shall keep said equipment free and clear of all liens and not
permit anything to be done which might operate to prejudice Lessor's title; comply
with all laws, ordinances and regulations applicable to such equipment, the use
thereof, and the premises on which it is installed; and indemnify and save Lessor
harmless from all claims, suits and liabilities of every character whatsoever arising
from the operation and use of said equipment, except that Lessor shall indemnify and
save lessee harmless from and on account of any claims, suits and liabilities arising
out of the infringement of any patents by Lessor in the construction of said equipment
or in the use thereof by Lessee in the manner for which said equipment was intended.
7. The Lessor shall, when necessary, inspect and service the Identi-Kit and
make any repairs or replacements. The Lessor will make no charges for such repairs
or replacements which become necessary because of ordinary wear and tear or because
of defective material or workmanship, but the Lessee will pay to the Lessor its
normal charges for any repairs or replacements resulting from any other cause.
8. Lessor agrees to provide, as a part of this agreement, the necessary in-
struction and training. required to qualify Lessee's employee as a skilled Identi-
Kit operator. In the event Lessee's employee attends an Identi-Kit school of in-
struction, any living and traveling expenses of said employee connected therewith
shall be at the expense of the Lessee.
9. The Identi-Kit covered by this lease shall be delivered to the Lessee's
employee during his Identi-Kit course of instruction.
10. Lessor agrees that Lessee may, within go days of the completion of
the Identi-Kit course of instruction, return to the Lessor the Identi-Kit covered
by this lease and terminate said lease, or lease negotiations, upon due notice
to this effect.
11. Lessor agrees to supply Lessee a copy of its Identi-Kit Manual. This
Manual represents in text form the instruction necessary to qualify operators in
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the Identi-Kit System. This Manual and all of its contents are duly registered
and copyrighted by the Lessor, and Lessee hereby agrees that no reproduction of
its contents will be made without the expressed consent and permission of Lessor.
12. In the event of default by the Lessee in the performance of any of its
obligations hereunder, the Lessor may at its option terminate this lease.
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13. Lessee hereby further agrees that it will not use the Identi-Kit, or any
of its component parts, for any commercial purposes whatsoever.
14. This lease agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
WITNESS the due execution hereof as of the day and year first above written.
TOWNSEND COMPANY
Identi-Kit Division, Lessor
By
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