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HomeMy WebLinkAboutC-1311 - Rental of two (2) Police helicopters' October 5, 1972 Hugo- 00!01 Compie y Aircrrftjbivision Centinela and Teale Avenues Culver City, California 90230 Attentions Mr. Dick Turley Res loasm of Vwyheo, *"el 300 -C W't eft- fts. 034 and 040 C,kwtlement You are hereby notified that under the terms of the above lease, dated August 10, 1970, the City of Newport leach hereby elects to renew the agreement fcW a 12 -month period, beginning July 1,' 1972, with-all the terms remaining the same, except that the monthly lease payments will be $2,000.00 . as set forth in Paragraph 16 B. of said lease. Very truly yours, DEMS O'NML city Attorney cca inae Director C nity Clerk Assistant City Manager Chief of Police A 0 CITY OF NEWPORT BEACH CALIFORNIA June 30, 1971 U ''ughes 'Pool Company Aircraft Division Centinela & T :ale Culver City, California 90230 Rea Lease of Hughes Model 300 -C Belicepters Nos. 034 and 040 Gentlamen: You are hereby notified that under the terms of the above lease, dated August 10, 1970, the City of Newport beach hereby elects to renew the agreement for a 12 -month period, beginning July 1, 1971, with all the terms remaining the same, except that the monthly lease payments will be $2,400.00, as set forth in Paragraph 16 A. of said lease. Yours very truly, DENNIS 0115181L Acting City Attorney DO`Nsmh cc; Finance Director City Clerk F� Acting City Manager Chief of Police TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. G1311 DATE AuAtmt 18, 1970 Description of Contract Hajj=WMM fbr Police Dap&rbmnt Authorized by Resolution No. R -7248 , adopted on 8 -10 -70 Effective date of Contract Augmt 10, 1970 Contract with HM Tool Comp�y on Address Oentinela 6 Teals Culver City, CA Amount of Contract $3,200 per month City Clerk , August 17, 1970 Hughes Tool Company Aircraft Division Centinela & Teale Culver City, California Attached is a fully executed copy of the lease agreement between Hughes Tool Company and the City of Newport Beach for the lease of police helicopters by the City. This agreement was authorised by the adoption of Resolution No. 7248 at the Council Meeting of August 10, 1970. Doris M. George Deputy City Clerk dg Att. 9�5 i y • LEASE AGREEMENT (Police Helicopters) 1 THIS LEASE AGREEMENT, made on the 10th day of 2 August , 1970, by and between 3 HUGHES TOOL COMPANY, A Delaware Corporation, 4 acting by and through its Aircraft Division, with offices at Culver City, California, here - 5 inafter sometimes called "LESSOR ", 6 A 7 N D 8 CITY OF NEWPORT BEACH, California, a Municipal 9 Corporation, hereinafter sometimes called "LESSEE ", 10 11 W I T N E S S E T H: -- -- -- — 12 FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS AND 13I PROMISES HEREINAFTER SET FORTH, THE PARTIES HERETO AGREE AS 14I FOLLOWS: 15 1. LEASE. LESSOR hereby leases to LESSEE, and 16{ LESSEE hereby leases and hires from LESSOR, Two Model 300 -C 171 Hughes Helicopters, Serial Numbers 034 & 040 181 which, together with all equipment and accessories described in 19 20I Exhibit I attached hereto and made a part hereof is herinafter 21 collectively called the "helicopter ". 2211' 2. TERM. The term of this lease commences on the 23 date the helicopter is delivered to the LESSEE at Culver City, i 24� California, and expires nine (9) months thereafter. 25Ij 3. RENT. The rent for the helicopter shall be Three 26 27 1 Thousand Two Hundred Dollars ($3,200) per month beg:.nning on October 1, 1970 28 29 4. PURCHASE OF HELICOPTER. If, during the period 30 that LESSEE has lawful possession hereunder and prior to the 31 return of the helicopter to Hughes, LESSEE purchases the 32 helicopter, the purchase price shall be Hughes' standard price -1- 1 for such helicopter in U. S. currency less a credit to LESSEE 2 of an amount equal to seventy five percent (75 57o) of all payments 3 made by LESSEE. In the event of such purchase, all rent and other 4 payments required to be made to Hughes pursuant to Paragraph 3 5 above shall be deemed cancelled. 6 7 5. INSPECTION AND ACCEPTANCE. LESSEE agrees that 8 it will accept the helicopter if by visual inspection it finds 9 it to be in compliance with Exhibit I. 10 6. USE. LESSEE shall furnish its own pilot and 11 shall use the helicopter in a careful and proper manner and 12; shall comply with and conform to all National, State, Municipal, 13� Police and other laws, ordinances and regulations in anywise 14 relating to the possession, use, operation or maintenance of 15 i the helicopter. 1711 7. ALTERATIONS AND REPAIRS. LESSEE is hereby given 161 permission to alter the helicopter in any way to handle in- 191 stallation of police equipment and to paint it in conformance i 20i with its needs. Any alterations, additions or improvements of 211 whatsoever kind or nature made to the helicopter shall belong 221 to and become the property of LESSOR upon the expiration of 23 24 this lease. LESSEE, at its own cost and expense, shall keep 25 the helicopter in good repair, condition and working order and 26 LESSEE shall return the helicopter to LESSOR at Culver City, 27 California, in good repair, condition and working order, ordinary 2g i1 wear and tear resulting from the proper use thereof alone 29�! excepted. 30I+ g, LOSS AND DAMAGE. LESSEE hereby assumes and shall 31 bear the entire risk of loss and damage to the helicopter from 32 any cause not related to design or defects in material or workmans -2- 04 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21' 22 231 24 25 26 27I 28 29' 30 31 32 11 • 9. INDEMNITY. LESSEE shall indemnify LESSOR against, and hold LESSOR harmless from any and all claims, actions, suits, proceedings, costs, expense, damages and liability, including attorney fees, arising out of, connected with, or resulting from the negligence of LESSEE in the possession, use, operation, maintenance or return of the helicopter. 10. ASSIGNMENT. LESSEE shall not, without the prior written consent of LESSOR, assign, transfer, pledge or hypothecate this lease, the helicopter or any part thereof, or any interest therein. 11. OWNERSHIP. The helicopter is, and shall at all times be and remain, the sole and exclusive personal property of LESSOR: and LESSEE shall have no right, title or interest therein or thereto except as expressly set forth in this agreement. 12, INSURANCE. LESSEE is hereby allowed to self- insure the helicopter. 13. TAXES. LESSEE shall keep the helicopter free and clear of all levies, liens and encumbrances and shall pay all license fees, registration fees, assessments, charges and taxes (Municipal, Station and National) which may now or here- after be imposed upon leasing, renting, possession or use of the helicopter. 14. LESSOR'S EXPENSES. LESSEE shall pay LESSOR all costs and expenses, including attorney fees, incurred by LESSOR in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions hereof. 15. APPLICABLE LAW. This lease agreement shall be -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 0 governed by and interpreted under and in accordance with the laws of the State of California. 16. RENEWAL OPTIONS. A. LESSEE may renew this agreement for one twelve (12) month period with all terms of the agreement remaining the same except the monthly lease payments will be Two Thousand Four Hundred Dollars ($2,400). B. LESSEE may renew this agreement for a second twelve (12) month period with all terms of the agreement remaining the same except the monthly lease payments will be Two Thousand Dollars ($2,000). C. LESSEE may renew this agreement for a third twelve (12) month period with all terms of the agreement remaining the same except the monthly lease payments will be One Thousand Six Hundred Dollars ($1,600). D. LESSEE may renew this agreement for a fourth twelve (12) month period with the terms of the agreement remaining the same except the monthly lease payments will be One Thousand Two Hundred Dollars (1,200). At the end of the fourth renewal option period, the lessee may purchase and gain title to the equipment for a total payment of Three Thousand Dollars ($3,000). 26 / 27I / 28 / 29 / 30 ' l 31 l 32 KIM 1 IN WITNESS WHEREOF, the parties hereto have executed 2 this Lease Agreement as of the day and year first hereinabove 3 written, 4 s HUGHES TOOL COMPANY 6 AIRCRAFT DIVISION 7 8 BY h � � �G 9 W. E. RANKIN 10 TITLE VICE PRESInpNl 11 "LESSOR" 12 CITY OF NEWPORT CH 13 144 BY V� Mayor 15 ,1 16 ATTEST : �6 17 City Clerp 18 I1 APPROVED: 19' „ 20 or ,.City Attorne 22 23 24 25 26 27 28 29 30 31 32 9615 1 2 3 4 5 6 7 8I 9' 10 11 12! 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 E X H I B I T I Two Standard 269C Model 300 -C Hughes Helicopters, each equipped . with the following accessories: Dual Control Installation Night Flying Accessories Dynair Sky 515 Radio with Headsets Muffler Fire Extinguisher Shoulder Harness with Inertia Reel (2) Litter Kit Installation Search Lights (300,000 Candlepower), extendable type for use with floats Tote -All Luggage Compartment Manifold Cabin Heater Amphibious Floatation Gear Siren, Loudspeaker Assembly Special RCA Police Radio, Installed Special Police Paint Scheme W2 0 0 RESOLUTION NO. 7 2 4 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AGREEMENT WITH THE HUGHES TOOL COMPANY FOR THE LEASING OF TWO HELICOPTERS FOR USE BY THE POLICE DEPARTMENT AND AUTHORIZING THE EXECUTION OF SAID AGREEMENT ON BEHALF OF THE CITY WHEREAS, the City Council has approved the request of the Police Department for the development of a police helicopter patrol program; and WHEREAS, the City Council has determined that the most suitable helicopters for the program are manufactured by the Hughes Tool Company, a Delaware corporation; and WHEREAS, there has been presented to the City Council a certain lease agreement between the City and the Hughes Tool Company which provides for the leasing to the City of two Model 300 -C Hughes helicopters, with an option exercisable by the City to purchase said helicopters; and WHEREAS, the City Council has considered the terms of said agreement and finds that it is in the best interests of the City to approve said agreement and to authorize its execution on behalf of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said lease agreement between the City and the Hughes Tool Company is hereby approved, and the Mayor and City Clerk are authorized to execute said agreement on behalf of the City. ADOPTED this 10th day of August , 1970. ATTEST: City Clerk Mayor THS :adw 8/5/70