04-20-04 Add OnMOTORCYCLE LEASE AGREEMENT
This Motorcycle Lease Agreement (the "Lease ") is made this 23rd day of March,
2004 by and between Fort Lauderdale Harley Davidson, 443 South State Road 7, Fort
Lauderdale, FL 33317, ( "Dealer" or "Lessor ") and The City of South Miami, (the
"Department" or "Lessee "), whose address is 6130 Sunset Drive, South Miami, FL
33143, for the lease of police motorcycles as described in Exhibit "A" attached hereto,
for use by the Department's authorized employees in the performance of police related or
law- enforcement duties. If department policy allows, police motorcycles may be used as
take home vehicles. The terms and conditions of the Lease are as follows:
1. Term: The term of this Lease shall be twenty -four (24) months
commencing on May 1, 2004 and ending on April 30, 2006. Lessee shall have the right
to extend the term of this Lease, provided that Lessor agrees, upon the same terms and
conditions as provided in the Lease. In the event Lessee elects to exercise its option to
renew the terms of this Lease, then Lessee shall provide Lessor with written notice of its
election.
2. Payment: Lessee shall make monthly lease payments to Lessor on or
before the first day of each month to the Lessor in the amount of $250.00 for each vehicle
commencing May 1, 2004 which includes customary maintenance as per manufacturer's
recommendation. Maintenance will include all service, tires, brakes and cost of labor
except to the extent that same are due to misuse, neglect or damage from accidents.
3.. Miscellaneous Fees: Lessee agrees to pay for all official fees in
connection with the certificate of title, registration and license fees and any applicable
taxes, for each of the leased vehicles. Lessor agrees to waive all charges with respect to
freight and dealer prep of the vehicles except those cost associated with the installation of
a police package or any other additional equipment purchased by the Department, for the
vehicles.
4. Maintenance, Repairs and Operating Expenses: Lessee is responsible
to keep the vehicles in good working order. Lessee agrees to service the vehicles
according to the manufacturer's recommendations as outlined in the owner's manual for
the vehicles, and as requested by the manufacturer in any recall campaign. Lessee's use
or repair of the vehicles must not invalidate any warranty. The Lessee has elected to
participate in a Lease that includes maintenance by Lessor of the vehicle. The cost of
2
such maintenance is included in the monthly lease payment. The maintenance plan
covers parts and labor for all service and maintenance recommendations as set forth in
the Harley Davidson Owner's Manual as well as tire replacement and brake repair not
necessitated by misuse, neglect, or damage from accidents.
5. Use and Subleasing: Lessee agrees that the vehicles (a), will be operated
only by authorized licensed drivers employed by Lessee as law- enforcement officers; (b)
will be kept free of all fines, liens and encumbrances; (c) will not be used illegally,
improperly, for hire, or contrary to the manufacturer's recommendations; and (d) will not
be altered, marked or have equipment installed on them without Lessor's consent. The
installation of police equipment and department's police markings will be allowed.
6. Insurance: During the term of the Lease Lessee must maintain public
liability and physical damage insurance on the vehicles that covers both Lessee and
Lessor. Lessee agrees that the Department's own liability and personal injury protection
insurance will provide primary insurance coverage up to its full policy limits. Lessor
must be named as "additional insured" on your insurance policy and "loss payee" for
physical damage to the equipment. Lessee will provide Lessor will evidence of this
insurance. Lessee's insurance policy must provide that Lessor will be notified in writing
at least 10 days before the insurance is cancelled or coverage altered and that Lessor, or
its representatives, may have full access to any claim file in the event of an insurable loss.
In the event of a total loss, Lessee's maximum exposure shall be the Dealer's cost of the
vehicle.
7. Notice of Accidents and Cooperation: Lessee agrees to cooperate fully
with Lessor and any insurance company in the investigation and defense of any and all
claims arising from possession and use of the vehicles. Lessee will make a complete
report to Lessor within a reasonable time period after any accident, theft or loss involving
the vehicles.
8. Indemnification: Lessee agrees to indemnify and hold Lessor, its
affiliates, assignees, officers, agents and employees harmless from all losses, liability,
damages, injuries, claims, demands and expenses, including attorneys fees, arising out of
the use of the vehicles while in the care, custody or control of the Lessee. Lessee does not
waive its right to sovereign immunity under 768.28 of the Florida Statues.
Lessor agrees to indemnify and hold Lessee, its affiliates, assignees,
officers, agents and employees harmless from all losses, liability, damages, injuries,
claims, demands and expenses, including attorneys fees, arising out of the use of the
vehicles while in the care, custody or control of the Lessor.
PA
3
9. Limitation of Liability: Lessor shall not be liable for any indirect or
Consequential damages or inconvenience (except for those relating to personal injury)
which may result to Lessor from any damages to, or defect in, the vehicles for the time
needed to repair or service the vehicles. Monthly lease payments shall continue and not
be reduced or delayed during this time. Lessor makes no express warranties covering the
vehicles. In particular, Lessor makes no express warranties of vehicle condition,
merchantability, durability or fitness for a particular purpose of use covering the vehicle,
and Lessor expressly disclaims any such express warranties.
10. Return of the Vehicles: At the end of the Lease, the Department must
return the vehicles to Lessor in good condition, without damage, excessive wear or use
and with all the original equipment installed by the manufacturer.
FORT LAUDERDALE CITY OF SOUTH MIAMI
HARLEY DAVIDSON
By: By:
Barry Kuhnly, Manager
Police/Fleet Sales & Leasing
Title:
3
Signature
Print Name
EXHIBIT "A"
Lessee's Name: City of South Miami
Model Year: 2004
Model Description: FLHPI, Two -Tone, Blue and Silver
Number of Units: 2
Vehicle Identification Numbers:
1.
2.
0
March 23, 2004
MOTORCYCLE LEASE AGREEMENT
This Motorcycle Lease Agreement (the "Lease ") is made this 23rd day of March,
2004 by and between Fort Lauderdale Harley Davidson, 443 South State Road 7, Fort
Lauderdale, FL 33317, ( "Dealer" or "Lessor ") and The City of South Miami, (the
"Department" or "Lessee "), whose address is 6130 Sunset Drive, South Miami, FL
33143, for the lease of police motorcycles as described in Exhibit "A attached hereto,
for use by the Department's authorized employees in the performance of police related or
law- enforcement duties. If department policy allows, police motorcycles may be used as
take home vehicles. The terms and conditions of the Lease are as follows:
1. Term: The term of this Lease shall be twenty -four (24) months
commencing on May 1, 2004 and ending on April 30, 2006. Lessee shall have the right
to extend the term of this Lease, provided that Lessor agrees, upon the same terms and
conditions as provided in the Lease. In the event Lessee elects to exercise its option to
renew the terms of this Lease, then Lessee shall provide Lessor with written notice of its
election.
2. Payment: Lessee shall make monthly lease payments to Lessor on or
before the first day of each month to the Lessor in the amount of $250.00 for each vehicle
commencing May 1, 2004 which includes customary maintenance as per manufacturer's
recommendation. Maintenance will include all service, tires, brakes and cost of labor
except to the extent that same are due to misuse, neglect or damage from accidents.
3. Miscellaneous Fees: Lessee agrees to pay for all official fees in
connection with the certificate of title, registration and license fees and any applicable
taxes, for each of the leased vehicles. Lessor agrees to waive all charges with respect to
freight and dealer prep of the vehicles except those cost associated with the installation of
a police package or any other additional equipment purchased by the Department, for the
vehicles.
4. Maintenance, Repairs and Operating Expenses: Lessee is responsible
to keep the vehicles in good working order. Lessee agrees to service the vehicles
according to the manufacturer's recommendations as outlined in the owner's manual for
the vehicles, and as requested by the manufacturer in any recall campaign. Lessee's use
or repair of the vehicles must not invalidate any warranty. The Lessee has elected to
participate in a Lease that includes maintenance by Lessor of the vehicle. The cost of
4
such maintenance is included in the monthly lease payment. The maintenance plan
covers parts and labor for all service and maintenance recommendations as set forth in
the Harley Davidson Owner's Manual as well as tire replacement and brake repair not
necessitated by misuse, neglect, or damage from accidents.
5. Use and Subleasing: Lessee agrees that the vehicles (a) will be operated
only by authorized licensed drivers employed by Lessee as law- enforcement officers; (b)
will be kept free of all fines, liens and encumbrances; (c) will not be used illegally,
improperly, for hire, or contrary to the manufacturer's recommendations; and (d) will not
be altered, marked or have equipment installed on them without Lessor's consent. The
installation of police equipment and department's police markings will be allowed.
6. Insurance: During the term of the Lease Lessee must maintain public
liability and physical damage insurance on the vehicles that covers both Lessee and
Lessor. Lessee agrees that the Department's own liability and personal injury protection
insurance will provide primary insurance coverage up to its full policy limits. Lessor
must be named as "additional insured" on your insurance policy and "loss payee" for
physical damage to the equipment. Lessee will provide Lessor will evidence of this
insurance. Lessee's insurance policy must provide that Lessor will be notified in writing
at least 10 days before the insurance is cancelled or coverage altered and that Lessor, or
its representatives, may have full access to any claim file in the event of an insurable loss.
In the event of a total loss, Lessee's maximum exposure shall be the Dealer's cost of the
vehicle.
7. Notice of Accidents and Cooperation: Lessee agrees to cooperate fully
with Lessor and any insurance company in the investigation and defense of any and all
claims arising from possession and use of the vehicles. Lessee will make a complete
report to Lessor within a reasonable time period after any accident, theft or loss involving
the vehicles.
8. Indemnification: Lessee agrees to indemnify and hold Lessor, its
affiliates, assignees, officers, agents and employees harmless from all losses, liability,
damages, injuries, claims, demands and expenses, including attorneys fees, arising out of
the use of the vehicles while in the care, custody or control of the Lessee. Lessee does not
waive its right to sovereign immunity under 768.28 of the Florida Statues.
Lessor agrees to indemnify and hold Lessee, its affiliates, assignees,
officers, agents and employees harmless from all losses, liability, damages, injuries,
claims, demands and expenses, including attorneys fees, arising out of the use of the
vehicles while in the care, custody or control of the Lessor.
2
3
9. Limitation of Liability: Lessor shall not be liable for any indirect or
Consequential damages or inconvenience (except for those relating to personal injury)
which may result to Lessor from any damages to, or defect in, the vehicles for the time
needed to repair or service the vehicles. Monthly lease payments shall continue and not
be reduced or delayed during this time. Lessor makes no express warranties covering the
vehicles. In particular, Lessor makes no express warranties of vehicle condition,
merchantability, durability or fitness fora particular purpose of use covering the vehicle,
and Lessor expressly disclaims any such express warranties.
10. Return of the Vehicles: At the end of the Lease, the Department must
return the vehicles to Lessor in good condition, without damage, excessive wear or use
and with all the original equipment installed by the manufacturer.
I I /
By: 4
Barry Kuhnly, Manager
Police/Fleet Sales & Leasing
CITY OF SOUTH MIAMI
By:
Signature
Title:
Print Name
3
EXHIBIT "A"
Lessee's Name: City of South Miami
Model Year: 2004
Model Description: FLHPI, Two -Tone, Blue and Silver
Number of Units: 2
Vehicle Identification Numbers:
1.
2.
4
March 23, 2004
MOTORCYCLE LEASE AGREEMENT
This Motorcycle Lease Agreement (the "Lease ") is made this 23rd day of March,
2004 by and between Fort Lauderdale Harley Davidson, 443 South State Road 7, Fort
Lauderdale, FL 33317, ( "Dealer" or "Lessor ") and The City of South Miami, (the
"Department" or "Lessee "), whose address is 6130 Sunset Drive, South Miami, FL
33143, for the lease of police motorcycles as described in Exhibit "A attached hereto,
for use by the Department's authorized employees in the performance of police related or
law- enforcement duties. If department policy allows, police motorcycles may be used as
take home vehicles. The terms and conditions of the Lease are as follows:
1. Term: The term of this Lease shall be twenty -four (24) months
commencing on May 1, 2004 and ending on April 30, 2006. Lessee shall have the right
to extend the term of this Lease, provided that Lessor agrees, upon the same terms and
conditions as provided in the Lease. In the event Lessee elects to exercise its option to
renew the terms of this Lease, then Lessee shall provide Lessor with written notice of its
election.
2. Payment: Lessee shall make monthly lease payments to Lessor on or
before the first day of each month to the Lessor in the amount of $250.00 for each vehicle
commencing May 1, 2004 which includes customary maintenance as per manufacturer's
recommendation. Maintenance will include all service, tires, brakes and cost of labor
except to the extent that same are due to misuse, neglect or damage from accidents.
3. Miscellaneous Fees: Lessee agrees to pay for all official fees in
connection with the cert ificate of title, registration and license fees and any applicable
taxes, for each of the leased vehicles. Lessor agrees to waive all charges with respect to
freight and dealer prep of the vehicles except those cost associated with the installation of
a police package or any other additional equipment purchased by the Department, for the
vehicles.
4. Maintenance, Repairs and Operating Expenses: Lessee is responsible
to keep the vehicles in good working order. Lessee agrees to service the vehicles
according to the manufacturer's recommendations as outlined in the owner's manual for
the vehicles, and as requested by the manufacturer in any recall campaign. Lessee's use
or repair of the vehicles must not invalidate any warranty. The Lessee has elected to
participate in a Lease that includes maintenance by Lessor of the vehicle. The cost of
0a
such maintenance is included in the monthly lease payment. The maintenance plan
covers parts and labor for all service and maintenance recommendations as set forth in
the Harley Davidson Owner's Manual as well as tire replacement and brake repair not
necessitated by misuse, neglect, or damage from accidents.
5. Use and Subleasing: Lessee agrees that the vehicles (a) will be operated
only by authorized licensed drivers employed by Lessee as law - enforcement officers; (b)
will be kept free of all fines, liens and encumbrances; (c) will not be used illegally,
improperly, for hire, or contrary to the manufacturer's recommendations; and (d) will not
be altered, marked or have equipment installed on them without Lessor's consent. The
installation of police equipment and department's police markings will be allowed.
6. Insurance: During the term of the Lease Lessee must maintain public
liability and physical damage insurance on the vehicles that covers both Lessee and
Lessor. Lessee agrees that the Department's own liability and personal injury protection
insurance will provide primary insurance coverage up to its full policy limits. Lessor
must be named as "additional insured" on your insurance policy and "loss payee" for
physical damage to the equipment. Lessee will provide Lessor will evidence of this
insurance. Lessee's insurance policy must provide that Lessor will be notified in writing
at least 10 days before the insurance is cancelled or coverage altered and that Lessor, or
its representatives, may have full access to any claim file in the event of an insurable loss.
In the event of a total loss, Lessee's maximum exposure shall be the Dealer's cost of the
vehicle.
7. Notice of Accidents and Cooperation: Lessee agrees to cooperate fully
with Lessor and any insurance company in the investigation and defense of any and all
claims arising from possession and use of the vehicles. Lessee will make a complete
report to Lessor within a reasonable time period after any accident, theft or loss involving
the vehicles.
8. Indemnification: Lessee agrees to indemnify and hold Lessor, its
affiliates, assignees, officers, agents and employees harmless from all losses, liability,
damages, injuries, claims, demands and expenses, including attorneys fees, arising out of
the use of the vehicles while in the care, custody or control of the Lessee. Lessee does not
waive its right to sovereign inununity under 768.28 of the Florida Statues.
Lessor agrees to indemnify and hold Lessee, its affiliates, assignees,
officers, agents and employees harmless from all losses, liability, damages, injuries,
claims, demands and expenses, including attorneys fees, arising out of the use of the
vehicles while in the care, custody or control of the Lessor.
2
3
9. Limitation of Liability: Lessor shall not be liable for any indirect or
Consequential damages or inconvenience (except for those relating to personal injury)
which may result to Lessor from any damages to, or defect in, the vehicles for the time
needed to repair or service the vehicles. Monthly lease payments shall continue and not
be reduced or delayed during this time. Lessor makes no express warranties covering the
vehicles. In particular, Lessor makes no express warranties of vehicle condition,
merchantability, durability or fitness for a particular purpose of use covering the vehicle,
and Lessor expressly disclaims any such express warranties.
10. Return of the Vehicles: At the end of the Lease, the Department must
return the vehicles to Lessor in good condition, without damage, excessive wear or use
and with all the original equipment installed by the manufacturer.
,1 . ;1 J
By: 02�
Barry Kuhnly, Manager
Police/Fleet Sales & Leasing
Ci711�iZ112% 0 u u
By:
Signature
Title:
3
Print Name
EXHIBIT "A"
Lessee's Name: City of South Miami
Model Year: 2004
Model Description: FLHPI, Two -Tone, Blue and Silver
Number of Units: 2
Vehicle Identification Numbers:
1.
2.
11
March 23, 2004