HomeMy WebLinkAboutLease Agreement - New Carlisle Fire Department - Use of City AmbulanceLEASE AGREEMENT
This Lease Agreement (the "Agreement") is made effective the 27th day of June, 2017,
by and between The Town of New Carlisle acting by New Carlisle Emergency Medical Services,
hereinafter referred to as "Lessee", and the City of South Bend, Indiana, acting by and through
The South Bend Fire Department hereinafter referred to as "Lessor".
station.
WITNESSETH THAT:
WHEREAS, Lessor is the owner of a certain Ambulance ("Equipment"); and
WHEREAS, Lessee desires the use of Lessor's Equipment at the New Carlisle EMS
WHEREAS, Lessor desires to grant to Lessee access to use the Equipment under the
following terms and conditions.
NOW THEREFORE, in consideration of the teens, conditions and mutual covenants
and agreements contained in this Agreement Lessor and Lessee agree as follows:
1.0 Grant of License.
Lessor hereby grants to Lessee the use of the Equipment. The Equipment is to be
operated by a licensed and insured operator at all times while in the possession of Lessee. The
Equipment shall be exclusively used by Indiana State Certified or Licensed EMS providers.
2.0 Term.
Lessee shall have access to the Equipment from Lessor on or after June 25, 2017 and
shall be returned no later than July 2112017
3.0 Ownership of Property.
This Lease constitutes a lease of the Equipment, and is not a sale or the creation of a
security interest. Lessee will not have, or at any time acquire, any right, title, or interest in the
property, except the right to possession and use as provided for in this Lease. Lessor will at all
times be the sole owner of the property.
4.0 Maintenance, Damage, and Loss.
Lessee will return the Equipment to Lessor in the same condition as received; however,
normal wear and tear resulting from the normal and proper use thereof is excepted. Lessee will,
1.
at Lessee's sole expense, keep and maintain the Equipment clean and in good working order
during the Lease term. In the event the Equipment is damaged beyond repair, as determined by
industry standard, Lessee shall pay to Lessor the replacement cost of the Equipment.
5.0 Indemnity
Except for damages, claims or losses due to Lessor's acts or negligence, Lessee, to the
extent permitted by law, will indemnify and hold Lessor free and harmless from any liability for
losses, claims, injury to or death of any person, including Lessee, or for damage to property
arising from Lessee using and possessing the Equipment or from the acts or omissions of any
person or persons, including Lessee, using or possessing the Equipment with Lessee's express or
implied consent.
5.0 Consideration
Lessor agrees to lease the Equipment to Lessee in exchange for One Dollar and 00/100
($1.00) and no other valuable consideration.
7.0 Waiver of Subrogation
Lessor and Lessee shall mutually waive their respective rights of recovery against each
other for any loss of, or damage to, the Equipment, to the extent that such loss or damage is
insured by an insurance policy in effect at the time of such loss or damage. Each party shall
obtain any special endorsements, if required by its insurer whereby the insurer waives its rights
of subrogation against the other party. The provisions of this clause shall not apply in those
instances in which a waiver of subrogation would cause either party's insurance coverage to be
voided or otherwise made uncollectible.
8.0 Entire Agreement
This Agreement sets forth the entire agreement and understanding between the parties as
to the subject matter, and merges and supersedes all prior discussions, agreements, and
understanding of any and every nature between them.
9.0 Corporate Authority
The persons signing on behalf of the respective parties represent that he/she has been
duly authorized to execute this Agreement, and has obtained all necessary and applicable
approvals to make this Agreement fully binding.
10.0 Insurance
E
Lessee agrees to maintain general liability insurance in an amount no less than One
Million Dollars per occasion and shall name Lessor an additional insured should Lessee, its
officers, employees or agents operate the Equipment.
* * * Signature Page Follows * * *
3
The parties have read and understand the foregoing terms of this Agreement and do, by
their respective signatures agree to its terms,
CITY OF SOUTH BEND,
BOARD OF PUBLIC WO KS
ATTEST:
Clerk
THE TOWN OF NEW CARLISLE, INDIANA
Its;
(Signature page to Lease Agreement)
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