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HomeMy WebLinkAboutNissan North America Inc. 2001-05-18 amended 2002-01-07, Door Modification,-690--60- 1Y 7-7-19, 4-t FIRST AMENDMENT TO ELECTRIC VEHICLE LEASE AGREEMENT BETWEEN NISSAN NORTH AMERICA, INC. AND CITY OF UKIAH This First Amendment (the "Amendment") to the Electric Vehicle Lease Agreement is entered into as of January 7, 2002 by and between NISSAN NORTH AMERICA, INC. ("NNA") and the CITY OF UKIAH ("Lessee"). A. NNA and Lessee have previously entered into an Electric Vehicle Lease Agreement (the "Original Agreement"), dated as of May 18, 2001, pursuant to which Lessee has agreed to lease Hypermini electric vehicles (the "Vehicles") from NNA. B. NNA and Lessee now wish to amend the Original Agreement upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties hereby agree to amend the Original Agreement as follows: 1. Lessee wishes to modify the driver side door of the Vehicles so that employees of Lessee driving the Vehicles can easily reach out of the door to chalk tires. NNA agrees to allow this modification of the driver side door of the Vehicles upon the following terms and conditions: a). Lessee agrees that it will be solely responsible for any costs associated with modifying the Vehicles and for purchasing all parts necessary to complete such modification. In addition, Lessee will return the Vehicles to their original condition upon termination of the Original Agreement and will be responsible for all costs associated with returning the Vehicles to such condition. b). Lessee will notify NNA of the nature and extent of the modifications and obtain NNA's prior consent. NNA will not be responsible for providing any parts, specification or other assistance in such modification. c). Lessee shall ensure that the modification does not affect the structural integrity of the Vehicles or affect the safety of the Vehicles in any way. d). Lessee will indemnify and hold NNA, its officers, directors, employees, parent corporation and affiliates, harmless from and against any and all loss, liability, damage or expense resulting from Lessee's modification of the Vehicles, including, without limitation, any claim for personal injury or property damage resulting from the modification. Doc#35004 R,7%/iCH o)W.i T 71 HYPERMINI ELECTRIC VEHICLE LEASE AGREEMENT This Electric Vehicle Lease Agreement ("Agreement") is entered into as of May 18,20-01 by and between Nissan North America, Inc., a California corporation (`NNA"), and the City of Ukiah, CA ("Lessee"). RECITALS A. NNA is willing to lease to Lessee certain electric vehicles described herein (the "Vehicles"). B. Lessee wishes to lease the Vehicles in accordance with the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. Lease. NNA hereby leases to Lessee and Lessee agrees to lease from NNA certain Vehicles with the VIN numbers as listed in Exhibit A, attached hereto and incorporated herein by this reference. Lessee agrees to hold and use the Vehicles in accordance with the terms and conditions of this Agreement. 2. Term. Lease Payments. (a) The term of the lease shall be three years ("Lease Term"), commencing with the date of acceptance of the Vehicles by Lessee. (b) The total lease fee for the Vehicle is $99 per month. This fee may, at Lessee's election, be paid monthly by no later than the I& day of each month, or in three annual payment of $1,188 each, or a one time ("One Pay") payment of $3,564. If Lessee elects a One Pay payment or annual payments, the initial payment shall be due thirty (30) days after the acceptance of the Vehicles and the next two payments (if necessary) shall be due on each anniversary date thereafter. As part of the total lease fee for each Hypermini, NNA will provide a GEN III charger for use by the Lessee during the lease period and will reimburse Lessee for its reasonable costs for installation of such chargers. However, Lessee understands and acknowledges that Lessor does not manufacture, install, or otherwise supply the chargers and that any repairs, replacements or other problems relating to the chargers will be addressed by the supplier of the chargers and not by Lessor (c) All lease payments under Paragraph 2(b) hereof should be mailed to NNA at the following address: Nissan North America, Inc. 18501 South Figueroa Street 264'72 EXMBIT B ADDENDUM TO HYPERMINI ELECTRIC VEHICLE LEASE AGREEMENT NISSAN HYPERMINI RESTRICTIONS ON USE The Nissan Hypermini electric vehicle is designed and intended only for certain limited uses and is not designed for general roadway use. Therefore, Lessee agrees to observe all of the following restrictions while borrowing or operating the Hypermini: 1. NO CHILDREN MAY RIDE IN THE HYPERMINI. The SRS passenger airbag cannot be deactivated and a child seat cannot be safely installed in the vehicle. This vehicle does not have a rear seat. Therefore, children 12 and under may not ride in this vehicle. They could be killed by the airbag. 2. The Hypermini may be used only by Lessee's employees and only for Lessee's business. The Hypermini may not be driven by anyone who is not an employee of Lessee, may not be taken home by any Lessee employee, and may not be used for commuting, personal errands or for any purpose other than a business purpose of Lessee. 3. The Hypermini may not be driven on freeways or at speeds in excess of 55 mph (89 kph). 4. The Hypermini is a right hand drive vehicle. Please advise anyone driving the vehicle that, (1) areas of vision are different than in a left hand drive vehicle, and (2) controls for the turn indicators and wipers are reversed from that of a left hand drive vehicle. Please specifically instruct anyone driving the Hypermini to use special caution while operating this right hand drive vehicle. 5.. The Hypermini does not comply with U.S. Federal Motor Vehicle Safety Standards. This vehicle is being leased to the Lessee as part of Nissan's ongoing efforts to test and evaluate electric vehicles. This vehicle was designed to meet safety standards applicable in Japan. This vehicle is not being offered for sale in the United States and has not been tested to ensure compliance with U.S. Federal Motor Vehicle Safety Standards. 6. The Hypermini uses a Generation HI charging port. This is a small paddle system that is not yet available at public charging stations. It is Lessee's responsibility to ensure that an appropriate charger and paddle are used when charging the Hypermini. 7. The Hypermini is equipped with special run-flat tires. In the event of tire damage, the vehicle may not be driven more than 50 miles before repair or replacement. If a damaged run- flat tire is driven more than 50 miles, the vehicle could be seriously damaged and this could 12 26472 Exhibit C CONFiDENMMI ?TV AGREEMENT This Confidentiality Agreement (the "Agreement") is made and entered into as of this day of 2001 by and between Nissan North America, Inc. ("NNA") and the , a corporation ("Lessee"). A. NNA is leasing Hypermini electric vehicles to Lessee. B. In connection with this lease, Lessee will have access to certain information which NNA considers confidential and proprietary. C. . NNA and Lessee wish to protect the confidentiality of the confidential and proprietary information upon the terms and conditions set forth herein. 1. Confidential Information. Lessee specifically agrees that all of the following information is "Confidential Information" and shall be kept strictly confidential in accordance with all of the terms and conditions of this Agreement: (i) all data obtained or compiled by Lessee regarding the performance of the Vehicles, customer satisfaction with the Vehicles, mechanical issues relating to the Vehicles, maintenance records, or other similar information; (ii) the service manuals for the Vehicles; (iii) any information regarding Vehicle engineering or technology which is provided to Lessee by NNA or which Lessee learns while performing maintenance or service work on the Vehicle. 2. Disclosure. In consideration for the opportunity to lease the Vehicles, Lessee agrees that it will not disclose or reveal any Confidential Information to any party, except that Lessee may disclose the Confidential Information to those employees of Lessee who require access to the Confidential Information in order to drive, service, maintain or evaluate the Vehicles. Lessee agrees that it will instruct all such employees to keep the information confidential in accordance with the provisions of this Agreement. 3. Use. Lessee agrees that it will not use or, authorize anyone else to use, any Confidential Information for any purpose other than fulfilling its obligations under this Agreement and the Lease Agreement between Lessee and NNA. . 4. Exceptions. The obligations of confidentiality shall not apply if: (i) the Confidential Information is, or becomes (other than through a breach of this Agreement) generally known to the public; (ii) the Confidential Information was in Lessee's possession prior to its disclosure by NNA, as demonstrated by Lessee's written records; (iii) the Confidential Information was rightfully received by Lessee without obligation of confidentiality from a third party, as demonstrated by Lessee's written records; (iv) disclosure is required by law, provided 14 26472 V ITEM NO. 6d DATE: February 20, 2002 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF RESOLUTION WAIVING THE 60-DAY NOTIFICATION REQUIREMENT FOR ESTABLISHING A COUNTY FACILITY IN THE CITY (189-199 SOUTH SCHOOL STREET), PURSUANT TO GOVERNMENT CODE §25351 SUMMARY: The County Public Defenders Office has requested a waiver from the 60-day notification requirement, as established by Government Code §25351, to continue leasing the property at 189-199 South School Street. They have leased the building for the past five years, and the lease agreement recently came up for renewal. Government Code §25351 provides for such a waiver if the City Council adopts a Resolution to this effect. Without the waiver, the County would simply have to wait the 60 days otherwise required by State law before continuing to lease and occupy the building. As described in the attached letter, the Public Defenders Office simply intends to continue to utilize the existing office space and not expand or alter the building. If the waiver is granted, the Public Defenders Office plans to immediately execute a new five-year lease with an option to purchase the building. The subject site is zoned for a variety of commercial uses, and lies amidst the commercially developed downtown area. Using the existing office space as an office is an allowed use, and would not require descretionary review. Accordingly, staff can find no reason to oppose the County's immediate use of this site in the manner described, and, therefore, believes the 60-day noticing waiver is supportable. RECOMMENDED ACTION: Adopt the Resolution waiving the 60-day noticing requirement pursuant to the provisions contained in Government Code §25351. ALTERNATIVE POLICY OPTIONS: Do not adopt the waiver Resolution, thereby requiring the County to wait 60 days to lease and occupy the building located at 189-199 S. School Street. Citizen Advised: N/A Requested By: Norma Leon, Office Administrator - County Public Defenders Office Prepared By: Charley Stump, Director, Planning and Community Development Coordinated With: Candace Horsley, City Manager Attachments: 1) Waiver Resolution; 2) Leon Correspondence; and 3) Location Map APPROVEIS• Candace Horsley, City nager Item No. 7c Date: March 6, 2002 AGENDA SUMMARY REPORT SUBJECT: Authorize the Mayor to Execute Lease No. DACW05-1-01-618, relating to the Lake Mendocino Hydroelectric Project. REPORT: The Corps of Engineers has requested that the City of Ukiah execute a new lease agreement related to the liquid oxygenation building at the Lake Mendocino Hydroelectric Project. This lease agreement grants the City of Ukiah permission to; (1) operate and maintain a Lessee-owned oxygenation building; (2) for ingress and egress to and from the oxygenation building; and (3) to install a pipe trench on lands owned by the United States at Lake Mendocino. These revisions will cover the work currently being conducted by the Ukiah Rod and Gun Club, while they utilize the liquid oxygen building for their mini-hatchery project. The Corps of Engineers are not requesting any payments for execution of this lease. Staff recommends that the Mayor be authorized to execute the lease with the Corps of Engineers. RECOMMENDED ACTION: Authorize the Mayor to Execute Lease No. DACW05-1-01-618. ALTERNATIVE COUNCIL POLICY OPTIONS: Deny Staff Recommendations and Direct Staff as to Alternative. Citizen Advised: N/A Prepared by: Darryl L. Barnes, Director of Public Utilities Coordinated with: Candace Horsley, City Manager Attachment:1) Lease No. DACW05-1-01-618 APPROVED: