HomeMy WebLinkAboutResolution #3036RESOLIITION N0. 3036
WHEREAS, Legal and Ordinance Committee has determined that
it is necessary and in the best interest of the City of Canton
that the attached Industrial Equipment Lease Agreement between
Drew Industrial Division and the City of Canton be entered into by
the City of Canton; and,
WHEREAS, the Canton City Council has made a similar
determination.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That the Canton City Council hereby finds the foregoing
recitals to be fact.
2. That the Industrial Equipment Lease Agreement, a copy of
which is attached as Exhibit A, is hereby approved by the Canton
City Council and the Mayor and City Clerk are hereby directed to
execute and deliver the same on behalf of the City of Canton.
3. That this Resolution shall be in full force and effect
immediately upon its passage by the City Council of the City of
Canton, Fulton County, Illinois, and approval by the Mayor
thereof.
PASSED by the City Council of the City of Canton, Fulton
County, Illinois at a regular meeting this 5th day of March,
1991 upon a roll call vote as follows:
AYES: Aldermen Chapman, Bohler, Meade, Sarff, Steck.
NAYS: Pdone.
ABSENT: Aldermen May, Kovachevich. (Alderman Fuller has resigned)
A ROVED:
Donald E. dwards, Mayor
ATTEST:
C~"Y ,
Nan y White , City Clerk.
IADIISTRIAL EQIIIPMENT LEASE AGREE{~NT
AGREH~4~NT made this day of March, 1991 by and between
DREW INDUSTRIAL DIVISION, Ashland Chemical, Inc., with offices at
One Drew Chemical Plaza, }3oonton, New Jersey 07005 hereinafter
referred to as "LESSOR" and the CITY OF CANTON, Illinois Water
Plant with offices at 210 East Chestnut Street, Canton, Illinois
61520 hereinafter referred to as "LESSEE".
I~THEREAS, LESSOR is the owner of certain industrial equipment
from the LESSOR for use in the LESSEE'S facility under the terms
and conditions of this Agreement.-
NOW, THEREFORE, for and in consideration of the sum of $1.00
and other good and valuable consideration, the receipt of which is
hereby acknowledged and of the mutual covenants herein, the
parties hereto agree as follows:
FIRST: LESSOR will lease said Equipment to LESSEE for the
term of this Agreement. During the term of this Agreement, the
Equipment shall remain the exclusive property of the LESSOR.
SECOND: The installation and diking, if required, of said
Equipment will be accomplished by LESSEE at LESSEE'S expense, and
in accordance with all applicable federal, state and local rules
and regulations.
THIRD: LESSEE will use said Equipment solely for the
purpose of which the Equipment is intended and for no other
purpose whatsoever. LESSEE will comply with all laws, ordinances
and regulations relating to the possession, use or maintenance of
the Equipment. LESSEE acknowledges that it has been advised by
LESSOR that modifications to the Equipment can result in safety
hazards. LESSEE will comply with all safety warnings conveyed by
LESSOR.
FOURTH: Except for claims arising from LESSOR'S negligent
acts or omissions, LESSEE will indemnify LESSOR against and hold
LESSOR harmless from any and all claims, actions, proceedings,
costs, expenses, damages and liabilities, including attorney's
fees, arising out of, connected with, or resulting from said
Equipment, including, without limitation, the selection, delivery,
possession or use of the Equipment by LESSOR and/or LESSEE.
FIFTH: This Agreement shall remain in full force and effect
until termination by either party upon thirty (30) days written
notice to the other party. Upon termination of this Agreement for
any reason, LESSEE will promptly dismantle said Equipment and make
it available to LESSOR for removal.
SIXTH: This Agreement shall be binding on and inure to the
benefit of the parties hereto and their legal successors, but may
not be assigned by LESSEE without the prior written consent of
LESSOR.
SEVENTH: This Agreement cancels and takes the place of
all prior oral or written representation or agreements of the
parties and contains their entire agreement relating to the lease
of said Equipment described on Exhibit "A". This Agreement may
not be discharged, extended, or modified in any way except in
writing signed by authorized representatives of both parties
hereto.
EIGHTH: The failure of either party to enforce at any time
any of the provisions of th is Agreement shall not be construed as
a waiver of said provision or of the right thereafter to enforce
each and every provision. This Agreement shall be governed and
construed pursuant to the laws of the State of Illinois.
ffiIBIT "A"
The following represents the Equipment leased to the LESSEE: (1)
Chlorine Dioxide Generator Model .350.398 Olin 10# 05002
The provisions of this Lease shall also apply to any
subsequent Equipment leased to LESSEE.
IN WITNESS WHEREOF, the parties have cause this Agreement to
be executed as of the day and year first written above.
DREW INDIISTRIAL DIVISION, Lessor
By:
Title
CITY OF CANTON, an Illinois municipal
corporation, Lessee
By: ~
Title